Alberta Gazette — 31 May (ii)

0531 ii

Alberta — Gazette

Alberta Gazette — 31 May (ii)

0531 ii

Alberta — Gazette

Alberta Regulation 115/2003

Traffic Safety Act

CONSEQUENTIAL AMENDMENTS AND TRANSITIONAL

MATTERS REGULATION

Filed: May 1, 2003

Made by the Minister of Transportation (M.O. 11/03) on April 28, 2003

pursuant to

section 189(3) of the Traffic Safety Act.

Offences

1 A person who contravenes any of the following provisions is guilty of

an offence:

(

a) the Bus Safety Regulation (AR 235/82), sections 4, 7, 8(3),

12(2), 13(1), 14(1), (2), (3), and (5), 16(2), 18, 19(1) and (2), 20, 21(1)

and (2), 22, 22.1(4), (5) and (6) and 23(2);

(

b) the Commercial Bus Inspection, Equipment and Safety Regulation

(AR 428/91), sections 3(1), (2) and (3), 4, 9(4), 11, 12(1) and (2), 13 to

19, 21 to 24, 26, 30(1) and (2), 31(1) and (3), 33(2), 39(2) and 40(1) and

(2);

(

c) the Commercial Vehicle Maintenance Standards Regulation (AR

118/89), sections 2 to 4, 5(1) and (2) and 6 to 10;

(

d) the Driveaway and Towaway Regulation (AR 427/86), sections 2 to

5, 6(1) and (2), 7 to 11, 12(1) and (2) and 13 to 20;

(

e) the Log Haul Regulation (AR 431/86), sections 2, 4, 5, 6(1),

(2) and (4) and 10(2);

(

f) the Commercial Vehicle General Equipment and Safety Regulation

(AR 435/86), sections 1(2) and (3), 2(2), (2.1) and (3), 3(2)(a), (b),

(3)(c), (d), 4(1), (5) and (6), 5, 7, 7.1, 8 to 14, 15(1), 16(1), 18, 19(1)

and (2) and 20(3);

(

g) the School Bus Operation Regulation (AR 437/86), sections

3(1`), 4, 5(1), 5.1(3), 6, 7(2), 8(1), 9, 10, 11, 12, 13, 14(1) and (2),

15(1) and (2), 16(1) and (2), 17(1) and (2) and 18 to 20;

(

h) the Transportation of Anhydrous Ammonia and Other Fertilizers

Regulation (AR 436/86), sections 2(1) and (2), 3, 3.1(a), 5(1) to (4), 6(1)

and (2), 7(1) to (4), 8 to 10 and 12 to 14.

Amends AR 235/82

2(1) This

section amends the Bus Safety Regulation (AR 235/82).

(2) Section 1(

a) and (

e) are repealed.

(3) "Director" is struck out wherever it occurs and "Registrar" is

substituted.

(4) In

section 23(1),

(a) "Minister" is struck out and "Registrar" is substituted;

(b) "under this Act" is struck out.

(5) Section 1(2)(

k) of

Schedule 3 is amended by striking out "Motor

Vehicle Administration Act" and substituting "Traffic Safety Act".

Amends AR 428/91

3(1) This

section amends the Commercial Bus Inspection, Equipment and

Safety Regulation (AR 428/91).

(2) Section 1 is amended

(

a) by repealing clause (

a) and substituting the following:

(a) "Act" means the Traffic Safety Act;

(

b) by repealing clause (d);

(

c) in clause (

o) by striking out "Part 3 of".

(3) Section 3(1)(a)(ii) and (b)(ii) are amended by striking out "the

Highway Traffic Act" and substituting "the Act".

(4) Sections 4(4), 13(

b) and 16(3)(

b) are amended by striking out "Board"

and substituting "Registrar".

(5) Section 20 is amended by striking out "Public" and substituting

"Commercial".

(6) Section 23 is amended by striking out "Highway Traffic Act" and

substituting "Traffic Safety Act".

(7) "Director" is struck out wherever it occurs and "Registrar" is

substituted.

Amends AR 414/91

4(1) This

section amends the Commercial Vehicle Inspection Regulation (AR

414/91).

(2) Section 1 is amended

(

a) by repealing clause (

a) and substituting the following:

(a) "Act" means the Traffic Safety Act;

(

b) in clause (b)(ii) by striking out "Public Vehicle Dimension

Regulation (AR 229/88)" and substituting "Commercial Vehicle Dimension and

Weight Regulation (AR 315/2002)";

(

c) by repealing clause (c);

(

d) in clause (

j) by striking out "Motor Vehicle Administration

Act" and substituting "Act and the regulations under the Act".

(3) "Director" is struck out wherever it occurs and "Registrar" is

substituted.

Amends AR 118/89

5(1) This

section amends the Commercial Vehicle Maintenance Standards

Regulation (AR 118/89).

(2) Section 1(1) is amended

(

a) by repealing clause (

a) and substituting the following:

(a) "Act" means the Traffic Safety Act;

(

b) by repealing clause (b).

(3) Section 2 is repealed and the following is substituted:

Standards

2 No person shall operate a commercial vehicle unless it meets the

requirements prescribed under the Act, this Regulation and the Vehicle

Equipment Regulation (AR 322/2002).

(4) "Board" is struck out wherever it occurs and "Registrar" is

substituted.

(5) Section 1 of the

Schedule is repealed and the following is

substituted:

Definition

1 In this Schedule, "inspector" means

(

a) the Registrar, or

(

b) a peace officer.

(6) Section 6(3)(

a) of the

Schedule is amended by striking out "Highway

Traffic Act" and substituting "Act".

Amends AR 427/86

6(1) This

section amends the Driveaway and Towaway Regulation (AR 427/86).

(2) Section 1(2)(

a) is amended by striking out "Public Vehicle

Classification, Fees and Permit Regulation (Alta. Reg. 17/87)" and

substituting "Operator Licensing and Vehicle Control Regulation (AR

320/2002)".

(3) Section 2(2)(

a) is repealed and the following is substituted:

the Commercial Vehicle Certificate and Insurance Regulation (AR 314/2002),

and

Amends AR 431/86

7(1) This

section amends the Log Haul Regulation (AR 431/86).

(2) Section 3 is amended by striking out "Public Vehicle Weight Regulation

(Alta. Reg. 438/86) and the Public Vehicle Dimension Regulation (Alta. Reg.

434/86)" and substituting "Commercial Vehicle Dimension and Weight

Regulation (AR 315/2002)".

(3) Section 6 is amended

(

a) in subsection (3) by striking out "Section 27 of the Highway

Traffic Act" and substituting "Section 16 of the Vehicle Equipment

Regulation (AR 322/2002)";

(

b) in subsection (5) by striking out "Highway Traffic Act" and

substituting "Traffic Safety Act and the regulations under that Act".

(4) Section 8 is repealed and the following is substituted:

Exemption

8 The Commercial Vehicle Dimension and Weight Regulation (AR

315/2002) does not apply on a licence of occupation road to a vehicle that

is used to carry logs.

(5) Section 9 is amended by striking out "the Highway Traffic Act, the

regulations under that Act or the regulations under the Motor Transport

Act" and substituting "the Traffic Safety Act or the regulations under that

Act".

Amends AR 435/86

8(1) This

section amends the Public Vehicle General Equipment and Safety

Regulation (AR 435/86).

(2) The title of the Regulation is amended by striking out "PUBLIC" and

substituting "COMMERCIAL".

(3) Section 3(3)(

c) and (

d) are amended by striking out "Act or the

Highway Traffic Act" and substituting "Traffic Safety Act and the

regulations under that Act".

(4) Section 6 is amended by striking out "the Highway Traffic Act" and

substituting "Traffic Safety Act" and by striking out "Public Vehicle

Weight Regulation (Alta. Reg. 438/86)" and substituting "Commercial Vehicle

Dimension and Weight Regulation (AR 315/2002)".

(5) Section 7(2)(h)(iii) is amended by striking out "Motor Vehicle

Administration Act" and substituting "Traffic Safety Act".

(6) Section 15(1) is amended by striking out "Highway Traffic Act" and

substituting "Traffic Safety Act".

(7) Section 19(2)(f)(

i) is amended by striking out "Highway Traffic Act"

and substituting "Traffic Safety Act".

(8) Sections 1(2), 2(2) and (2.1), 3(2) and (3), 4(1), (5) and (6), 5,

7(1), 7.1(1), 8, 9, 10(1) and (2), 11, 12, 14 and 15(1) and (2) are amended

by striking out "public" wherever it occurs and substituting "commercial".

Amends AR 437/86

9(1) This

section amends the School Bus Operation Regulation (AR 437/86).

(2) Section 3(1)(

b) is amended by striking out "Board" and substituting

"Registrar".

(3) Section 4 is repealed and the following is substituted:

Vehicle to comply with standards

4 No person shall operate a school bus unless the school bus

complies with the requirements of the Traffic Safety Act and the

regulations under that Act, subject to any exemption set out in a special

permit issued under

section 62 of the Traffic Safety Act.

(4) Section 5 is amended

(

a) in subsection (1)(d)(ii) by striking out "Highway Traffic Act"

and substituting "Traffic Safety Act and the regulations under that Act";

(

b) in subsection (2) by striking out "section 20 of the Motor

Transport Act" and substituting "section 62 of the Traffic Safety Act".

(5) Section 5.1(2) is amended by striking out "Board" wherever it occurs

and substituting "Registrar".

(6) Section 6(

b) is repealed and the following is substituted:

(

b) remove, cover and render totally inoperable the alternately

flashing lights referred to in sections 72 and 73 of the Use of Highway and

Rules of the Road Regulation (AR 304/2002) and

section 31 of the Vehicle

Equipment Regulation (AR 322/2002).

(7) Section 8 is repealed and the following is substituted:

Alteration of school bus

8(1) No person shall change, reconstruct or modify the body or

seating capacity of a school bus without the written approval of the

Registrar.

(2) The Registrar shall not give the approval referred to in

subsection (1) unless the proposed change, reconstruction or modification

is recommended as being safe by the Director of Vehicle Safety of the

Transportation Safety Services Division of the Department of

Transportation.

Amends AR 436/86

10(1) This

section amends the Transportation of Anhydrous Ammonia and

Other Fertilizers Regulation (AR 436/86).

(2) Section 5 is amended

(

a) in subsection (1) by striking out "Public Vehicle General

Equipment and Safety Regulation (Alta. Reg. 435/86)" and substituting

"Vehicle Equipment Regulation (AR 322/2002)";

(

b) in subsection (4)(

d) by striking out "Highway Traffic Act" and

substituting "Traffic Safety Act and the regulations under that Act".

(3) Section 6(1) is amended

(

a) in clause (

a) by striking out "Highway Traffic Act" and

substituting "Traffic Safety Act and the regulations under that Act";

(

b) by repealing clause (

c) and substituting the following:

(

c) adequate brakes that comply with the requirements

of the Traffic Safety Act and the regulations under that Act.

(4) Section 7(4)(

d) is amended by striking out "Highway Traffic Act" and

substituting "Traffic Safety Act and the regulations under that Act".

(5) Sections 5(1), 7(1) and 8(

b) are amended by striking out "Public" and

substituting "Commercial".

Amends AR 322/2002

11 The Vehicle Equipment Regulation (AR 322/2002) is amended in

section

85 by adding the following after subsection (4).

(5) A certificate under

section 8 of the Seat Belt Regulation (AR

258/87) that is in effect on the coming into force of this

section is

considered to be a letter under this section, and expires on the earlier of

the expiry date specified in the certificate or May 19, 2004.

Interpretation Act applies

12 To avoid doubt,

section 36(1) of the

Interpretation Act applies to the

application and

interpretation of the regulations amended by this

Regulation. except where

Part 9 of the Traffic Safety Act provides to the

contrary.

Coming into force

13 This Regulation comes into force on the date on which Parts 1 and 2 of

the Traffic Safety Act come into force.

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

Alberta Regulation 116/2003

Teachers' Pension Plans Act

TEACHERS' AND PRIVATE SCHOOL TEACHERS' PENSION PLANS

(CONTRIBUTION RATES 2003) AMENDMENT REGULATION

Filed: May 7, 2003

Made by the Alberta Teachers' Retirement Fund Board on April 30, 2003

pursuant to

section 14 of the Teachers' Pension Plans Act and

section 12 of

the Teachers' Pension Plans (Legislative Provisions) Regulation.

1 The Teachers' and Private School Teachers' Pension Plans (AR 203/95)

are amended by this Regulation.

Schedule 1 is amended by sections 3 to 6 of this Regulation.

Section 10(2) is amended

(

a) in clause (

a) by striking out "5.66" and substituting "5.65";

(

b) in clause (

b) by striking out "9.37" and substituting "9.70".

Section 11 is amended by striking out "0.00" and substituting "0.89".

Section 12 is amended by striking out "3.00" and substituting "2.93".

Section 13 is amended

(

a) in clause (

a) by striking out "6.40" and substituting "6.43";

(

b) in clause (

b) by striking out "0.00" and substituting "0.83";

(

c) in clause (

c) by striking out "6.20" and substituting "6.05".

Schedule 2 is amended by sections 8 and 9 of this Regulation.

Section 10 is amended

(

a) in clause (a)

(

i) by striking out "3.78" and substituting "5.16";

(ii) by striking out "5.66" and substituting "5.65";

(

b) in clause (b)

(

i) by striking out "5.40" and substituting "7.37";

(ii) by striking out "9.37" and substituting "9.70".

Section 13 is amended by striking out "3.88" and substituting "5.39".

10 This Regulation comes into force on September 1, 2003.

Alberta Regulation 117/2003

Justice of the Peace Act

JUSTICE OF THE PEACE AMENDMENT REGULATION

Filed: May 7, 2003

Made by the Lieutenant Governor in Council (O.C. 215/2003) on May 7, 2003

pursuant to

section 15 of the Justice of the Peace Act.

1 The Justice of the Peace Regulation (AR 6/99) is amended by this

Regulation.

Section 3(1) is amended

(

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

(p.1) Prevention of Youth Tobacco Use Act;

(

b) by adding the following after clause (v):

(v.1) Traffic Safety Act;

(

c) by adding the following after clause (hh):

(ii) a provision of

(

i) the Residential Tenancies Act, or

(ii) a regulation made under that Act

for which a specified penalty is set out in

Schedule 2, Parts

20.1 and 20.2 of the Procedures Regulation (AR 233/89).

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

Alberta Regulation 118/2003

Provincial Offences Procedure Act

PROCEDURES AMENDMENT REGULATION

Filed: May 7, 2003

Made by the Lieutenant Governor in Council (O.C. 218/2003) on May 7, 2003

pursuant to

section 42 of the Provincial Offences Procedure Act.

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

Section 2 is amended by adding the following after clause (g):

(g.1) Insurance Act,

Part 7;

Section 6(1) is amended by adding ", including the use of

abbreviations," after "manner".

Section 7.1 is amended by striking out "Highway Traffic Act" and

substituting "Traffic Safety Act".

Section 13(4) is amended by striking out "or Form 3".

6(1) The forms set out in

Schedule 1 are repealed and the forms set out in

the

Schedule to this Regulation are substituted.

(2) The forms repealed under subsection (1) may continue to be used until

September 30, 2003.

Schedule 2 is amended by adding the following after

Part 7.1:

Part 7.2

Insurance Act

1 The specified penalty payable in respect of a contravention of

section 822(4) of the Insurance Act is $200, and proceedings with respect

to the contravention of

section 822(4) may be commenced by a violation

ticket issued under either

Part 2 or

Part 3 of the Provincial Offences

Procedure Act.

Schedule 2 is amended in

section 2 of

Part 16 by striking out the

following:

35 68(4),(6) and (8)(a) 150

Schedule 2,

Part 19.1, is amended by adding "and proceedings with

respect to the contravention may be commenced by a violation ticket issued

under either

Part 2 or

Part 3 of the Provincial Offences Procedures Act"

after "$100".

10 Sections 4, 5 and 6 come into force on May 20, 2003.

Alberta Regulation 119/2003

Health Disciplines Act

MIDWIFERY AMENDMENT REGULATION

Filed: May 7, 2003

Made by the Health Disciplines Board on March 19, 2003 and approved by the

Lieutenant Governor in Council (O.C. 219/2003) on May 7, 2003 pursuant to

section 55 of the Health Disciplines Act.

1 The Midwifery Regulation (AR 328/94) is amended by this Regulation.

Schedule 1 is amended

(

a) in

section 1(a)(

v) by adding ", maternal serum biochemical

screening and varicella titre" after "cytomegalo virus antibody";

(

b) in

section 1(b)(

i) by striking out "coombs" and substituting

"direct coombs, direct antiglobulin test";

(

c) in

section 1(

b) by adding the following after subclause (ii):

(iii) serology/immunology: screen to evaluate possible

congenital syphilis, rubella and herpes simplex; blood group and type with

antibody screen.

(

d) by adding the following after

section 3:

4 A midwife may order and perform non-stress tests and

interpret the results of non-stress tests.

Schedule 2 is amended

(

a) by striking out "Clotrimazole", "Miconazole" and "Nystatin";

(

b) by adding

(

i) the following before "Calcium gluconate":

Antibiotics for prophylactic treatment of Group B

streptococcus and treatment of mastitis

Antifungal agents considered safe in pregnancy and

for newborns

(ii) "Carboprost" after "Calcium gluconate";

(iii) "Hepatitis B Immunoglobulin" after "Erythromycin

ophthalmic ointment";

(iv) "Naloxone" after "Magnesium Sulphate".

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

Alberta Regulation 120/2003

Mines and Minerals Act

CO2 PROJECTS ROYALTY CREDIT REGULATION

Filed: May 7, 2003

Made by the Lieutenant Governor in Council (O.C. 224/2003) on May 7, 2003

pursuant to sections 5 and 36 of the Mines and Minerals Act.

Table of Contents

Interpretation 1

Authority for credits 2

Approval for CO2 projects 3

Approved equipment 4

Eligible capital costs 5

Operating cost allowance 6

Eligible CO2 expenses 7

Connected persons 8

Application for and establishing of credits 9

Credit allocation and application 10

Records 11

Artificial transactions and non-compliance 12

Recovery of unauthorized credits 13

Review 14

Interpretation

1(1) In this Regulation,

(a) "approved CO2 project" means a CO2 project approved by the

Minister under

section 3;

(b) "approved equipment" means the equipment, pipelines and

facilities specified in an approval under

section 3 as approved equipment

in relation to the approved CO2 project;

(c) "approved process" means the injection of CO2 into an

underground formation or coal seam that the Minister is satisfied is for

the purpose of increasing the recovery of crude oil or natural gas from the

underground formation or coal seam;

(d) "CO2" means a gaseous mixture consisting mainly of carbon

dioxide;

(e) "CO2 project" means a scheme approved under the Oil and Gas

Conservation Act

(

i) for enhanced recovery of petroleum or natural gas

from any underground formation through the injection of CO2 into the

formation, or

(ii) for the injection of CO2 into a coal seam to

recover natural gas from the coal seam,

where CO2 was not injected into the underground formation or

coal seam, as the case may be, for the purposes of the scheme before

January 1, 2003;

(f) "credit" means a credit established by the Minister under this

Regulation;

(g) "Crown percentage", means in relation to an approved CO2

project, the proportion of production from well events in the project that

is recovered pursuant to an agreement, as shown in the records of the

Department;

(h) "eligible capital costs", with reference to approved equipment,

means the eligible capital costs of that equipment determined in accordance

with

section 5;

(i) "eligible CO2 expenses", with reference to an approved CO2

project, means the expenses determined in accordance with

section 7;

(j) "operating cost allowance", with reference to an approved CO2

project, means the allowance for operating costs determined in accordance

with

section 6;

(k) "operator", with reference to a CO2 project, means the operator

of the project from time to time according to the records of the

Department;

(l) "quarter" means each period of 3 consecutive months during a

year, each of which commences with either the month of January, April, July

or October of that year;

(m) "royalty client", "royalty client account" and "royalty

compensation" have the same meaning as in the Natural Gas Royalty

Regulation, 2002 (AR 220/2002);

(n) "well event" has the same meaning as in the Petroleum Royalty

Regulation (AR 248/90).

(2) An application under this Regulation must

(

a) be made in and contain all the information called for by the

form, if any, prescribed by the Minister for the application, and

(

b) be accompanied by all the information required by that form, or

otherwise required by the Minister, to accompany the application.

(3) For the purposes of this Regulation,

(

a) equipment is considered to have commenced operation when the

Minister is satisfied that it has commenced operation, and

(

b) injection of CO2 is considered to have commenced when the

Minister is satisfied injection has commenced.

Authority for credits

2(1) The Minister is authorized, in accordance with this Regulation, to

establish credits equal to not more than 30% of any or all of the following

categories of items in relation to an approved CO2 project:

(

a) the eligible capital costs of approved equipment;

(

b) the operating cost allowance;

(

c) the eligible CO2 expenses.

(2) The Minister shall not establish credits under this Regulation

totalling more than $15 000 000 for all approved CO2 projects.

(3) If the Minister is satisfied that any grant or benefit, other than a

credit under this Regulation, has been provided by the Government of

is referable in whole or in part to an approved CO2 project, the Minister

may reduce by an amount that does not exceed the amount of the grant or

benefit

(

a) any credit established under subsection (1), and

(

b) the maximum amount of credits specified in the approval under

section 3 for the project.

Approval of CO2 projects

3(1) The Minister may, on application by the operator, approve a CO2

project for the purposes of this Regulation if the Minister is satisfied

that the project will employ an approved process and that approving the

project for the purposes of this Regulation is in the public interest.

(2) The Minister shall, in the approval under subsection (1) for an

approved CO2 project, specify

(

a) the maximum amount of credits that may be established for the

project, which in the case of any project shall not exceed $5 000 000,

(

b) the maximum amount of credits that may be established for the

project for a quarter,

(

c) the categories of items in

section 2(1) in relation to which

credits may be established for the project,

(

d) the percentage, not exceeding 30%, that will be used to

establish credits for the project in relation to the costs, allowances or

expenses, as the case may be, of the categories of items specified under

clause (

c) for the project,

(

e) the percentage, not exceeding 20%, that will be used to

determine the allowance for operating costs for the project under

section

(

f) the approved equipment for the project, and

(3) Without restricting the generality of subsection (2)(g), terms and

conditions specified in an approval under that subsection may require the

operator to

(

a) notify the Minister in writing of the removal or replacement of

any approved equipment,

(

b) provide the Minister with written reports or other information

regarding the approved CO2 project, as required by the Minister from time

to time,

(

c) provide the Minister with authorization to disclose the reports

and information referred to in clause (b), and

(

d) provide the Crown with an indemnification for any claims

against the Crown arising from

(

i) the approved CO2 project,

(ii) the establishing and applying of credits under this

Regulation,

(iii) the disclosure by the Minister of information

relating to the project, and

(iv) any other matter specified by the Minister.

(4) Subject to subsection (5), the Minister shall not approve any CO2

project under subsection (1) after the date on which the aggregate of the

maximum amount of credits that may be established for all approved CO2

projects equals $15 000 000.

(5) If the Minister is satisfied that the maximum amount of credits that

will be established for all approved CO2 projects will not exceed $15 000

000 because the approval for one or more projects is revoked, because

credits to be established for any projects will be less than maximum amount

of credits that may be established for those projects as specified in the

approvals for the projects, or for any other reason, the Minister may

approve further projects such that the maximum amount of credits

established for all approved CO2 projects will not exceed $15 000 000.

(6) The Minister may amend an approval given under this section, but in

doing so, shall not increase the maximum amount of credits specified for an

approved CO2 project such that the maximum amount of credits that may be

established for all approved projects exceeds $15 000 000.

Approved equipment

4 The Minister may, for the purposes of an approval under

section 3(1) or

an amendment of an approval under

section 3(6), specify as approved

equipment for an approved CO2 project, any equipment, pipelines and

facilities the Minister is satisfied

(

a) will be used in an approved process employed in the project, or

(

b) will otherwise be necessary to carry out the project, although

not used in an approved process employed in the project.

Eligible capital costs

5(1) Subject to this section, the eligible capital costs of approved

equipment for the purposes of this Regulation are

(

a) the capital costs of the approved equipment, if the equipment

is new, or

(

b) the fair market value of the approved equipment, as determined

by the Minister, if the equipment is not new.

(2) Costs are not eligible capital costs in respect of approved equipment

for the purposes of this Regulation if

(

a) the costs are incurred before January 1, 2003 or after June 30,

2008,

(

b) the costs are not incurred,

(

c) the approved equipment has not commenced operation,

(

d) the Crown is liable for any allowable costs, as defined in the

Natural Gas Royalty Regulation, 2002 (AR 220/2002), for any year in respect

of the approved equipment, or

(

e) a credit has been established under the Gas Processing

Efficiency Assistance Regulation (AR 275/89) in respect of the approved

equipment.

(3) For the purpose of this Regulation, the eligible capital costs of

approved equipment do not include any of the following:

(

a) administration, management or financing costs;

(

b) depreciation;

(

c) the cost of borrowed money that is deductible from income under

section 21 of the Income Tax Act (Canada);

(

d) amounts that would be deductible under the Income Tax Act

(Canada) or the Income Tax Regulations under that Act as a capital cost of

property.

(4) Eligible capital costs for approved equipment shall be reduced to the

extent of

(

a) amounts reimbursed under a policy of insurance, as proceeds of

litigation or otherwise, and

(

b) the fair market value determined by the Minister of equipment

replaced by new approved equipment.

(5) The Minister may in respect of any approved equipment

(

a) disallow as eligible capital costs any expenditure that the

Minister considers unreasonable,

(

b) reduce the amount of any eligible capital costs in relation to

any item or service obtained from a person connected to the operator or any

owner of the approved CO2 project, or

(

c) reduce the amount of any eligible capital costs to an amount

that the Minister considers reasonable.

Operating cost allowance

6 The allowance for operating costs for an approved CO2 project for any

period of time is the percentage of the eligible capital costs of the

project for the same period that is specified in the approval for the

project under

section 3(2)(e).

Eligible CO2 expenses

7(1) Subject to this section, the eligible CO2 expenses of an approved CO2

project are the expenses that, in the Minister's opinion, are incurred to

obtain CO2 for the project.

(2) Expenses are not eligible CO2 expenses for the purposes of this

Regulation if the expenses are not actually incurred or if they are

incurred before January 1, 2003 or after June 30, 2008.

(3) For the purpose of this Regulation, eligible CO2 expenses do not

include any of the following:

(

a) administration, management or financing costs;

(

b) expenses incurred for salaries, wages or other remuneration or

benefits paid or provided to an employee in respect of services rendered by

the employee to the extent the services are not wholly and directly related

to the obtaining of CO2.

(4) Eligible CO2 expenses shall be reduced to the extent of amounts

reimbursed under a policy of insurance, as proceeds of litigation or

otherwise.

(5) The Minister may in respect of any CO2,

(

a) disallow as eligible CO2 expenses any expenditure that the

Minister considers unreasonable,

(

b) reduce the amount of any eligible CO2 expenses in relation to

any item or service obtained from a person connected to the operator or any

owner of the approved CO2 project, or

(

c) reduce the amount of any eligible CO2 expenses to an amount

that the Minister considers reasonable.

Connected persons

8(1) For the purposes of sections 5(5)(

b) and 7(3)(b), an operator or

owner of an approved CO2 project and another person are connected with each

other if, under subsection 1206(5) of the Income Tax Regulations under the

Income Tax Act (Canada), they are considered to be connected with each

other but, in making that determination, paragraph 1206(5)(

a) shall be read

as if it were replaced by the following:

(

a) a person and another person (in this paragraph referred to as

"that other person") are connected with each other if

(

i) the person and that other person are not dealing at

arm's length,

(ii) the person has an equity percentage in that other

person that is not less than 10%, or

(iii) where the person is a corporation, the corporation

and that other person are linked by another person who has an equity

percentage in each of them of not less than 10%.

(2) For the purposes of this Regulation, an operator or owner of an

approved CO2 project and another person do not deal at arm's length with

each other if, under the Income Tax Act (Canada), they would not be

considered to be dealing at arm's length.

Applications for and establishing of credits

9(1) The operator of an approved CO2 project may apply to the Minister for

the establishing of credits for the project after the end of each quarter

the whole or any part of which occurs on or after the date injection of CO2

for the purposes of the project commences.

(2) The Minister may establish credits for an approved CO2 project for a

quarter in respect of which an application has been made under subsection

(1) based on

(

a) the percentage specified in the approval for the project under

section 3(2)(d),

(

b) the Crown percentage of the eligible capital costs, operating

cost allowance or eligible CO2 expenses of the project, whichever is

specified in the approval under

section 3(2)(

c) as a category of item in

relation to which credits may be established for the project and to the

extent credits have not previously been established in relation to such

items, and

(

c) the maximum amounts specified in the approval for the project

under

section 3(2)(

a) and (b).

Credit allocation and application

10(1) Credits established under this Regulation may be applied in

accordance with this

section against the payment of royalty or royalty

compensation owing to the Crown in right of Alberta under the Petroleum

Royalty Regulation (AR 248/90) or the Natural Gas Royalty Regulation, 2002

(AR 220/2002), respectively.

(2) The operator of an approved CO2 project shall show in an application

under

section 9, an allocation of

(

a) the percentage, if any, of the credits to be applied in

satisfaction of obligations to pay royalty owing by the operator under the

Petroleum Royalty Regulation (AR 248/90), and

(

b) the percentage, if any, of the credits to be applied in

satisfaction of obligations to pay royalty compensation owing by royalty

clients under the Natural Gas Royalty Regulation, 2002 (AR 220/2002),

such that the aggregate of the percentages so allocated shall equal 100%.

(3) If the operator has shown in an application under

section 9 that any

credits established for a project are to be applied as described in

subsection (2)(b),

(

a) the operator shall also show in the application, the royalty

clients to whom those credits are to be allocated and the percentage to be

allocated to each royalty client, and

(

b) the Minister shall apply the credits as they are established by

him, by including the credits in the royalty client accounts, if any, of

royalty clients in accordance with the allocation under clause (a), to be

set off against royalty compensation debited to the account.

(4) To the extent that credits included in a royalty client account at any

time result in a net credit balance in the royalty client's favour, the

Minister shall not pay the royalty client an amount equal to the credit

balance in accordance with

section 18(7) of the Natural Gas Royalty

Regulation, 2002 (AR 220/2002) but shall instead carry over the amount of

those credits in the royalty client account until they are fully set off

against royalty compensation that is subsequently debited to the account.

(5) If the operator has indicated in an application under

section 9 that

credits established in relation to an approved CO2 project are to be

applied in satisfaction of obligations described in subsection (2)(a), the

Minister shall apply the credits so allocated under that subsection by

refunding to the operator in accordance with subsection (6), proceeds

received by the Crown for royalty paid by the operator under the Petroleum

Royalty Regulation (AR 248/90) on the operator's own account for the

quarter for which the credits are established.

(6) The amount to be refunded to an operator under subsection (5) for each

quarter is the lesser of

(

a) the amount of the credits established for the approved CO2

project for the quarter, allocated in accordance with subsection (2)(a),

that have not been previously applied under this section, and

(

b) the proceeds, calculated by multiplying the royalty on crude

oil paid by the operator under the Petroleum Royalty Regulation (AR 248/90)

on the operator's own account for the quarter by the simple average of the

par prices applicable to that royalty under that Regulation for the months

of the quarter, to the extent the proceeds so calculated have not been

previously refunded under this section.

(7) Any credits referred to in subsection (6)(

a) shall, to the extent they

are not applied in accordance with subsections (5) and (6) in relation to a

quarter, be carried over and may be applied in accordance with those

subsections in relation to the next and each subsequent quarter until they

are fully applied.

(8) Credits not applied in accordance with this

section shall expire and

shall not be applied after December 31, 2008.

Records

11(1) Subject to subsection (2), where the operator of an approved CO2

project has made an application under this Regulation in respect of the

project and that application is approved by the Minister, all records that

relate to the application or that are otherwise specified by the Minister

and that are in the possession of the operator must be kept by the operator

until the expiration of the 5-year period following the day on which the

application is filed.

(2) If the Minister is of the opinion that it is necessary for the

administration of the Mines and Minerals Act or this Regulation, the

Minister may, by a direction sent by registered mail or served personally,

require any person required to keep records under subsection (1) to keep

records referred to in that subsection for any longer period specified in

the direction.

(3) A person required to keep records pursuant to this

section shall, on

the request of the Minister, submit to the Minister within the time

specified by the Minister any information or record the Minister requires.

Artificial transactions and non-compliance

12(1) Notwithstanding any other provision of this Regulation, if the

Minister is of the opinion that

(

a) one or more acts, agreements, arrangements, transactions or

operations were effected, whether before or after the coming into force of

this Regulation, for the purpose of improperly, artificially or unduly

obtaining or increasing the amount of any credits, or

(

b) the operator of an approved CO2 project has not complied with

provision of this Regulation, or any provision of the Act in relation to

the project,

the Minister may take any or all of the actions specified in subsection

(2).

(2) The actions the Minister may take in relation to an approved CO2

project in the circumstances described in subsection (1) are any or all of

the following:

(

a) revoke the approval for the approved CO2 project;

(

b) determine that all of the credits applied for are not to be

established or allocated;

(

c) determine that the amount of credits applied for was

improperly, artificially or unduly increased and is to be reduced

accordingly;

(

d) determine that all of the credits established or allocated

should not have been established or allocated;

(

e) determine that the amount of credits established or allocated

was improperly, artificially or unduly increased and is to be reduced

accordingly.

(3) If the Minister makes a determination under subsection (2), a person

in whose favour credits have been allocated or transferred is not entitled

to the credits or to the amount by which the amount of credits is or was

improperly, artificially or unduly increased, as the case may be.

Recovery of unauthorized credits

13(1) If any credits are applied under

section 10 in satisfaction of an

obligation, and

(

a) subsequently credits related to the same approved CO2 project

are eliminated or reduced by reason of a determination under

section 12(2),

(

b) it is subsequently determined by the Minister that some or all

of the credits so applied should not have been established for any reason,

the operator and royalty clients for whose benefit the credits were applied

are liable to pay to the Crown an amount equal to the credits that should

not have been so applied.

(2) On receiving a notice of liability under subsection (1), the person to

whom it is addressed shall pay to the Crown, within the time specified in

the notice, the amount specified in the notice together with interest

computed from the date on which the credits were applied pursuant to this

Regulation until the date on which the amount is fully paid.

(3) If interest is payable under subsection (2) in respect of any day, the

rate of interest in respect of that day is the yearly rate that is 1%

greater than the rate of interest that is established by the Province of

Alberta Treasury Branches as its prime lending rate on loans payable in

Canadian dollars and is in effect on the first day of the month in which

that day occurs.

(4) Nothing in this Regulation operates to relieve a lessee from

(

a) the lessee's liability to the Crown under an agreement for the

payment of royalty refunded to an operator under

section 10 in respect of

credits for which an amount is repayable to the Crown under subsection (1),

(

b) the lessee's liability to the Crown under an agreement for the

payment of royalty compensation in satisfaction of which credits have been

applied for which an amount is repayable to the Crown under subsection (1).

Review

14 In compliance with the Government's ongoing regulatory review

initiative this Regulation must be reviewed on or before December 31, 2008.

Alberta Regulation 121/2003

Mines and Minerals Act

ENHANCED RECOVERY OF OIL ROYALTY REDUCTION

AMENDMENT REGULATION

Filed: May 7, 2003

Made by the Lieutenant Governor in Council (O.C. 225/2003) on May 7, 2003

pursuant to sections 5 and 36 of the Mines and Minerals Act.

1 The Enhanced Recovery of Oil Royalty Reduction Regulation (AR 348/93)

is amended by this Regulation.

Section 1(

d) is amended by adding "or gas cycling" after "waterflood".

Section 4 is repealed and the following is substituted:

Approval of royalty reduction

4(1) The Minister may approve a royalty reduction in respect of

crude oil obtained from a scheme if the Minister is of the opinion that, at

the time the information required by the Minister has been received,

(

a) the scheme is an enhanced recovery scheme,

(

b) more crude oil is likely to be obtained from the

enhanced recovery scheme than the base recovery scheme,

(

c) the costs estimated by the Minister for

implementing and operating the enhanced recovery scheme would significantly

exceed the costs estimated by the Minister for implementing and operating

the base recovery scheme, and

(

d) the royalty reduction is in the public interest,

which may include taking into consideration the extent of the impact of the

royalty reduction on the royalty ultimately payable on crude oil obtained

from the approved scheme.

relating to the scheme and may add to, change or delete those terms and

conditions.

(3) An approval in respect of an enhanced recovery scheme is

effective on the later of

(

a) the first day of the month that the application

contains all the information required by the Minister, and

(

b) the first day of the month that material is

injected under the enhanced recovery scheme.

4 The following is added after

section 4:

Expansion of an enhanced recovery scheme

4.1 The Minister may amend an approval under

section 4(1) in

respect of an approved scheme in order to approve a royalty reduction for

any area added to the approved scheme if

(

a) the addition of the area was required pursuant to

section 38(

a) of the Oil and Gas Conservation Act or was approved pursuant

section 39(1)(

a) of that Act,

(

b) the operator of the approved scheme submits an

application to the Minister to amend the approval in respect of the area

added, and

(

c) the Minister is of the opinion, at the time the

application has been received by the Minister, that

(

i) the area added is part of the enhanced

recovery scheme,

(ii) more crude oil is likely to be obtained

from the enhanced recovery scheme in the area added than from the base

recovery scheme in the area added,

(iii) the costs estimated by the Minister for

implementing and operating the enhanced recovery scheme in the area added

would significantly exceed the implementation and operation costs estimated

by the Minister of the base recovery scheme in the area added, and

(iv) the royalty reduction is in the public

interest, which may include taking into consideration the extent of the

impact of the royalty reduction on the royalty ultimately payable on crude

oil obtained from the area added.

Section 7 is repealed and the following is substituted:

Categories of costs and allowances

7(1) The Minister may establish categories of costs applicable to

approved schemes for which an allowance may be allocated for the purpose of

calculating relief and may add to, change or delete those categories of

costs.

(2) The Minister may, for the purpose of calculating relief,

establish allowances for costs incurred in an approved scheme that fall

within a category of costs and may add to, change or delete those

allowances.

(3) No allowance may be established for costs that would have been

incurred under a base recovery scheme.

Section 9 is amended by adding the following after subsection (3):

(4) If the Minister is of the opinion that insufficient information

has been received to calculate a t-factor under subsection (1), the

Minister may, when approving a royalty reduction under this Regulation for

a scheme, establish a temporary t-factor for the scheme for each month of

the period commencing the effective date of the approval and ending when

the Minister is satisfied that sufficient information has been received to

calculate a t-factor under subsection (1) for the scheme or 2 years from

the effective date of the approval, whichever is earlier.

(5) A temporary t-factor established under subsection (4) in respect

of the scheme for a month shall be used to calculate relief, estimated

relief, interim actual relief or revised actual relief, as the case may be,

for that month on an interim basis until the Minister is satisfied that

sufficient information has been received to calculate a t-factor under

subsection (1) for the scheme or 2 years from the effective date of the

approval, whichever is earlier.

(6) Subject to subsection (8), if 2 years from the effective date of

the approval the Minister is not satisfied that sufficient information has

been received to calculate a t-factor under subsection (1), the temporary

t-factor established under subsection (4) shall cease to be effective and

the Minister shall use a temporary t-factor of zero to calculate relief,

estimated relief, interim actual relief or revised actual relief, as the

case may be, for each month thereafter.

(7) When the Minister calculates a t-factor under subsection

(1) upon being satisfied that sufficient information has been received to do so

and the t-factor is less than the temporary t-factor established under

subsection (4), the Minister shall

(

a) for each month from the effective date of the

approval up to and including the month that the t-factor is calculated,

continue to use the temporary t-factor to calculate relief, estimated

relief, interim actual relief or revised actual relief, as the case may be,

and

(

b) for each month thereafter, use the t-factor to

calculate relief, estimated relief, interim actual relief or revised actual

relief, as the case may be.

(8) The Minister may extend the 2 years referred to in subsections

(4) and (6) to 3 years if

(

a) the operator of the approved scheme submits an

application to the Minister for such extension that contains the

information required by the Minister, and

(

b) the Minister is of the opinion, at the time the

information required by the Minister has been received, that exceptional

circumstances exist.

Section 11(3) is amended by adding "otherwise" before "be".

Section 27(1) is repealed and the following is substituted:

Penalty - information

27(1) If an operator of an approved scheme fails to file a report or

provide information under

section 12 within the time limits under

section

12, the operator is liable to pay a penalty of $1000 for each month or part

of a month during which the failure continues.

9 The following is added after

section 37:

Review

37.1 In compliance with the ongoing regulatory review initiative,

this Regulation must be reviewed on or before December 31, 2013.

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

Alberta Regulation 122/2003

Gaming and Liquor Act

GAMING AND LIQUOR AMENDMENT REGULATION

Filed: May 7, 2003

Made by the Lieutenant Governor in Council (O.C. 229/2003) on May 7, 2003

pursuant to

section 129 of the Gaming and Liquor Act.

1 The Gaming and Liquor Regulation (AR 143/96) is amended by this

Regulation.

Section 1 is amended

(

a) by adding the following after subsection (1)(l):

(l.01) "relationship of interdependence" means a

relationship of interdependence as defined in the Adult Interdependent

Relationships Act;

(

b) by repealing clause (l.1)(ii) and substituting the following:

(ii) by marriage,

(ii.1) by virtue of an adult interdependent

relationship, or

(

c) by repealing subsection (4);

(

d) by repealing subsection (6) and substituting the following:

(6) For the purposes of the Act and this Regulation, a reference to

an applicant's employees, a licensee's employees or a registrant's

employees means

(

a) in the case of an application, licence or

registration relating to a facility or premises, the manager of the

facility or premises and the spouse of the manager or a person with whom

the manager is living in a relationship of interdependence, and

(

b) the person holding a position or performing duties

or functions specified by the board in the business of the applicant,

licensee or registrant and the spouse of that person or a person with whom

that person is living in a relationship of interdependence.

(

e) by repealing subsection (7) and substituting the following:

(7) For the purposes of the Act and this Regulation, a reference to

an applicant's associates, a licensee's associates or a registrant's

associates means

(

a) any person that has a financial interest in the

applicant, licensee or registrant, in the applicant's business, the

licensee's business or the registrant's business or in the facility or

premises to which the application, licence or registration relates and the

spouse of the person or a person with whom the person is living in a

relationship of interdependence,

(

b) if the applicant, licensee or registrant is an

individual or a partnership in which one or more of the partners is an

individual,

(

i) the spouse of the individual or a

person with whom the individual is living in a relationship of

interdependence,

(ii) any relative of the individual and of

the spouse or person referred to in subclause (

i) if the relative resides

with the individual, spouse or person,

(iii) any corporation controlled by the

individual,

(iv) an officer or director of, and any

person with a financial interest in, a corporation controlled by the

individual, and the spouse of the officer, director or person or a person

with whom the officer, director or person is living in a relationship of

interdependence, and

(

v) any corporation that is affiliated with

the corporation referred to in subclause (iv), the affiliated corporation's

officers and directors and any person having a financial interest in the

affiliated corporation, and the spouse of the officer, director or person

or a person with whom the officer, director or person is living in a

relationship of interdependence,

and

(

c) if the applicant, licensee or registrant is a

corporation or a partnership in which one or more of the partners is a

corporation,

(

i) an officer or director of the

corporation,

(ii) the spouse of the officer or director

of the corporation or a person with whom the officer or director is living

in a relationship of interdependence,

(iii) any relative of the officer or director

referred to in subclause (

i) and any relative of the spouse or of a person

referred to in subclause (ii), if the relative resides with the officer,

director, spouse or person,

(iv) any corporation affiliated with the

applicant, licensee or registrant,

(

v) an officer or director of an affiliated

corporation and the spouse of the officer or director of an affiliated

corporation or a person with whom the officer or director is living in a

relationship of interdependence, and

(vi) any person who has a financial interest

in the affiliated corporation and the spouse of the person or a person with

whom the person is living in a relationship of interdependence.

Section 9 is amended by adding ", including a records check," before

"conducted".

Section 10(1) is amended by striking out "or any of the applicant's

associates" and substituting "or associates or any other person with

connections to the applicant".

Section 11 is amended by striking out "or any of the applicant's

associates" and substituting "or associates or any other person with

connections to the applicant".

Section 12(2) is amended by striking out "or any of the applicant's

associates" and substituting "or associates or any other person with

connections to the applicant".

Section 68(4) is repealed and the following is substituted:

(4) If a liquor licensee serves liquor for consumption in licensed

premises in a container that is not the original container used to hold the

liquor purchased under the licence, the container must be satisfactory to

the Board.

Section 87(2) is amended

(

a) in clause (

a) by adding "or person with whom the individual is

living in a relationship of interdependence" after "spouse";

(

b) in clause (

b) by adding "or person" after "spouse" and by

adding ", spouse or person" after "individual".

Section 93(2) is amended by adding ", adult interdependent partner"

after "spouse".

Section 94(2)(

a) and (

d) and (7)(b)(

i) and (ii) are amended by adding

", adult interdependent partner" after "spouse".

Schedule 1 is amended by repealing

section 11.

12 This Regulation comes into force on June 1, 2003.

Alberta Regulation 123/2003

Amusements Act

REGULATIONS UNDER THE AMUSEMENTS ACT

AMENDMENT REGULATION

Filed: May 7, 2003

Made by the Lieutenant Governor in Council (O.C. 230/2003) on May 7, 2003

pursuant to

section 27 of the Amusements Act.

1 The Regulations Under the Amusements Act (AR 72/57) are amended by this

Regulation.

2 The following is added after

section 24:

25 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, 2008.

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

Alberta Regulation 124/2003

Marketing of Agricultural Products Act

ALBERTA CHICKEN PRODUCERS MARKETING

AMENDMENT REGULATION

Filed: May 7, 2003

Made by the Alberta Chicken Producers on January 15, 2003 pursuant to

sections 26 and 27 of the Marketing of Agricultural Products Act.

1 The Alberta Chicken Producers Marketing Regulation (AR 3/2000) is

amended by this Regulation.

Section 1(

l) is amended by striking out "common-law husband, common-law

wife,".

Section 18(7)(

b) is amended by adding ", including an adult

interdependent partner" after "family".

4 This Regulation comes into force on June 1, 2003.

Alberta Regulation 125/2003

Marketing of Agricultural Products Act

HATCHING EGGS AMENDMENT REGULATION

Filed: May 7, 2003

Made by the Alberta Hatching Egg Producers on February 18, 2003 pursuant to

sections 26 and 27 of the Marketing of Agricultural Products Act.

1 The Hatching Eggs Regulation (AR 280/97) is amended by this Regulation.

Section 1(1) is amended

(

a) in clause (

c) by striking out "common-law husband, common-law

wife,";

(

b) in clauses (

d) and (

e) by adding ", including an adult

interdependent partner of a member" after "same family".

Section 16(2) is amended by adding ", including an adult interdependent

partner of a member," after "of the family".

Section 22(3)(

a) is amended by adding ", including an adult

interdependent partner of a member," after "members".

5 This Regulation comes into force on June 1, 2003.

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

Alberta Regulation 126/2003

Marketing of Agricultural Products Act

SUGAR BEET PRODUCTION AND MARKETING

AMENDMENT REGULATION

Filed: May 7, 2003

Made by the Alberta Sugar Beet Growers on March 13, 2003 pursuant to

sections 26 and 27 of the Marketing of Agricultural Products Act.

1 The Sugar Beet Production and Marketing Regulation (AR 287/97) is

amended by this Regulation.

Section 1(1) is amended

(

a) in clause (g)(iv) by adding "or adult interdependent partner"

after "spouse";

(

b) by repealing clause (n).

Section 35(1) is amended by adding ", including an adult interdependent

partner of a member," after "member".

4 This Regulation comes into force on June 1, 2003.

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

Alberta Regulation 127/2003

Marketing of Agricultural Products Act

TURKEY MARKETING AMENDMENT REGULATION

Filed: May 7, 2003

Made by the Alberta Turkey Producers on February 24, 2003 pursuant to

sections 26 and 27 of the Marketing of Agricultural Products Act.

1 The Turkey Marketing Regulation (AR 113/98) is amended by this

Regulation.

Section 1(

g) is amended by striking out "common-law husband, common-law

wife,".

Section 3(2)(c)(

i) is amended by adding ", including the person's adult

interdependent partner" after "family".

Section 17(5) is amended by adding "including an adult interdependent

partner of a person," after "family,".

5 This Regulation comes into force on June 1, 2003.

Alberta Regulation 128/2003

Apprenticeship and Industry Training Act

PARTS TECHNICIAN TRADE AMENDMENT REGULATION

Filed: May 7, 2003

Made by the Alberta Apprenticeship and Industry Training Board on April 14,

2003 pursuant to

section 33(2) of the Apprenticeship and Industry Training

Act.

1 The Parts Technician Trade Regulation (AR 293/2000) is amended by this

Regulation.

Section 1(

c) is repealed and the following is substituted:

(c) "parts" means any part, assembly or accessory pertaining to

(

i) automobiles and trucks;

(ii) aviation;

(iii) electronics;

(iv) heavy duty vehicles and equipment;

(

v) agricultural equipment;

(vi) industrial equipment;

(vii) motorcycles;

(viii) outdoor power equipment;

(ix) recreational vehicles and equipment;

(

x) marine equipment;

(xi) turf equipment.

Section 3 is amended in clause (

a) by striking out "problems to

determine" and substituting "providing".

Alberta Regulation 129/2003

Public Trustee Act

LIMITATIONS (MINORS) REGULATION

Filed: May 14, 2003

Made by the Minister of Justice and Attorney General (M.O. 14/03) on May 8,

2003 pursuant to sections 5.1(15) and 6.1(2) of the Limitations Act and the

Public Trustee Act respectively.

Notice to proceed

1(1) Subject to subsection (2), a notice to proceed for the purposes of

section 5.1 of the Limitations Act must be in Form 1.

(2) If the minor does not, to the knowledge of the potential defendant,

have a guardian, the notice to proceed must be in Form 2.

(3) A notice to proceed must be

(

a) served personally on the minor's guardian before it is

delivered to the Public Trustee, if the minor has a guardian, and

(

b) delivered to the Public Trustee by registered mail at the

address shown in Form 1 and Form 2.

Notice delivered by Public Trustee

2(1) A notice referred to in

section 5.1(6)(

a) of the Limitations Act must

be in Form 3.

(2) A notice referred to in

section 5.1(6)(

b) of the Limitations Act must

be in Form 4.

(3) A notice referred to in

section 5.1(6) of the Limitations Act may be

delivered by registered mail.

Public Trustee fee when notice to proceed delivered

3 The fee payable to the Public Trustee by a potential defendant under

section 5.1(3)(

b) of the Limitations Act is $500 for each minor in respect

of whom the potential defendant serves a notice to proceed.

Public Trustee compensation for acting as next friend for minor

4(1) For the purpose of this section,

(

a) a minor's claim is considered to be resolved before discovery

if it is settled or a judgment is obtained

(

i) after the Public Trustee delivers a notice under

section 5.1(6)(

b) of the Limitations Act or is directed by a judge to act

as the minor's next friend, and

(ii) before any examinations for discovery are conducted

in a proceeding relating to the minor's claim;

(

b) a minor's claim is considered to be resolved before trial if it

is not resolved before discovery but is settled or a judgment is obtained

before the commencement of a trial relating to the minor's claim;

(

c) a minor's claim is considered to be resolved after trial if it

is settled or a judgment is obtained after the commencement of a trial

relating to the minor's claim;

(

d) the amount recovered for a minor includes the cost of funding a

structured settlement.

(2) The compensation payable to the Public Trustee under

section 6.1(1)(

b) of the Public Trustee Act out of money recovered for a minor is the

aggregate of the following:

(a) $500;

(

b) any amount paid or payable by the Public Trustee to a third

party for the purpose of pursuing the minor's claim;

(

c) one of the following amounts:

(i) 1% of the amount recovered for the minor, if the

minor's claim is resolved before discovery;

(ii) 2% of the amount recovered for the minor, if the

minor's claim is resolved before trial;

(iii) 3% of the amount recovered for the minor, if the

minor's claim is resolved after trial.

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 April 30, 2013.

Coming into force

6 This Regulation comes into force on the coming into force of

section 7

of the Justice Statutes Amendment Act, 2002.

SCHEDULE

Form 1

Province of Alberta, Canada

Notice to Proceed under the Limitations Act

(Minor in custody of a guardian)

Date: (date of notice)

To: (name of guardian), guardian of the minor, (full name of minor)

(residential address of guardian)

Copy: Public Trustee for the Province of Alberta

400 South, 10365 - 97 Street

Edmonton, AB T5J 3Z8

1 This notice is delivered by or on behalf of the following

person or persons --

(name(

s) of potential defendant(s))

-- who is or are referred to below as the potential defendant.

2 This notice concerns the minor, (name of minor), who, to the

best of the potential defendant's knowledge, was born on (minor's date of

birth). The minor might have a claim against the potential defendant

arising out of the following:

(brief description of the events that might give rise to a

claim, including location and time or period at or during which events

occurred)

3 There is a deadline for starting legal proceedings against the

potential defendant. The minor could lose the opportunity to enforce a

claim against the potential defendant if you do not start legal proceedings

on the minor's behalf before the deadline. You should contact a lawyer to

get advice regarding the minor's claim if you have not already done so.

4 The potential defendant will deliver a copy of this notice to

the Public Trustee, as required by

section 5.1 of the Limitations Act. The

Public Trustee will contact you to determine what steps you plan to take on

the minor's behalf.

Signed:

(signature of potential defendant or representative)

(printed name of signer)

(relationship to potential defendant,

if not the potential defendant)

Additional information for the Public Trustee

[The following is to be completed on the copy of this notice that is

delivered to the Public Trustee]

5 The potential defendant is aware of the following information

that may assist the Public Trustee to contact the minor's guardian:

Guardian's telephone number (if known):

Other (e.g. guardian's e-mail address, if known):

6 The Public Trustee may send notices to the potential defendant

at the following address:

(address of potential defendant or representative)

7 The potential defendant or the defendant's representative may

be contacted at the following telephone numbers during regular business

hours:

Statutory declaration of service on guardian

I, (name of declarant), solemnly declare that (describe manner, place and

time of personal service of notice to proceed on guardian), and I make this

solemn declaration conscientiously believing it to be true and knowing that

it is of the same force and effect as if made under oath.

Declared before me at )

(municipality) , Alberta, this ) (signature of

declarant)

(day) of (month) , 20 )

(signature of Commissioner for Oaths)

(printed name of Commissioner)

A Commissioner for Oaths

My commission expires (expiration date of commission, if applicable)

Form 2

Province of Alberta, Canada

Notice to Proceed under the Limitations Act

(Minor not in custody of a guardian)

Date: (date of notice)

To: Public Trustee for the Province of Alberta

400 South, 10365 - 97 Street

Edmonton, AB T5J 3Z8

1 This notice is delivered by or on behalf of the following

person or persons --

(name(

s) of potential defendant(s))

-- who is or are referred to below as the potential defendant.

2 This notice concerns the minor, (full name of minor), who, to

the best of the potential defendant's knowledge, was born on (minor's date

of birth). The minor might have a claim against the potential defendant

arising out of the following:

(brief description of the events that might give rise to a

claim, including location and time or period at or during which events

occurred)

3 To the best of the potential defendant's knowledge, the minor

has no guardian as defined by

section 5.1(1) of the Limitations Act.

4 The potential defendant is aware of the following information

that may assist the Public Trustee to contact the minor:

Minor's residential address (if known):

Minor's telephone number (if known):

Other (e.g. e-mail address, if known):

5 The Public Trustee may send notices to the potential defendant

at the following address:

(address of potential defendant)

Signed:

(signature of potential defendant or representative)

(printed name of signer)

(relationship to potential defendant,

if not the potential defendant)

6 The potential defendant or the defendant's representative may

be contacted at the following telephone numbers during regular business

hours:

Form 3

Province of Alberta, Canada

Office of the Public Trustee

Notice of Decision not to Intervene

Limitations Act,

section 5.1(6)(

a) Date: (date of notice)

To: (name of potential defendant), potential defendant

(address of potential defendant)

To: (name of guardian), guardian of the minor, (name of minor)

(address of guardian)

This notice relates to the notice to proceed dated (date of notice to

proceed) regarding a possible claim of the minor, (name of minor), against

the potential defendant.

The Public Trustee is satisfied that the guardian has the ability and

intends to act in the best interest of the minor regarding the minor's

possible claim against the potential defendant. Accordingly, the Public

Trustee has decided not to intervene in this matter.

In accordance with

section 5.1(4) of the Limitations Act, the limitation

period applicable to the minor's possible claim against the potential

defendant began to run on the date the Public Trustee received the notice

to proceed, which was (date notice to proceed received by Public Trustee).

(signature of officer)

Acting under the authority of the Public Trustee

pursuant to the Public Trustee Act

Note: The Public Trustee's decision not to intervene in this matter

does not affect the provisions of

section 15 of the Minors Property Act or

section 6 of the Public Trustee Act.

Form 4

Province of Alberta, Canada

Office of the Public Trustee

Notice of Intention to act as Next Friend

Limitations Act,

section 5.1(6)(

b) Date: (date of notice)

To: (name of potential defendant), potential defendant

(address of potential defendant)

To: (name of guardian), guardian of the minor, (name of minor)

(address of guardian)

This notice relates to the notice to proceed dated (date of notice to

proceed) regarding a possible claim of the minor, (name of minor), against

the potential defendant.

The Public Trustee intends to act as next friend of the minor in relation

to the claim.

The Public Trustee received the notice to proceed on (date notice to

proceed received by Public Trustee).

(signature of officer)

Acting under the authority of the Public Trustee

pursuant to the Public Trustee Act

Consent of Guardian

I, (name of guardian), guardian of the minor, (name of minor), consent to

the Public Trustee acting as next friend to the minor in relation to the

minor's claim against the potential defendant.

(signature of guardian)

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

Alberta Regulation 130/2003

Social Development Act

SOCIAL ALLOWANCE AMENDMENT REGULATION

Filed: May 14, 2003

Made by the Lieutenant Governor in Council (O.C. 237/2003) on May 14, 2003

pursuant to

section 30 of the Social Development Act.

1 The Social Allowance Regulation (AR 213/93) is amended by this

Regulation.

Section 1 is amended

(

a) by repealing clause (f);

(

b) by adding the following after clause (g):

(g.1) "household unit" means an applicant or recipient

and

(

i) the person

(

A) who is the spouse of the

applicant or recipient,

(

B) with whom the person has

entered into an adult interdependent partner agreement under

section 7 of

the Adult Interdependent Relationships Act,

(

C) with whom, in the opinion

of the Director, the applicant or recipient is living in a relationship of

interdependence as defined in the Adult Interdependent Relationships Act,

(

D) with whom the applicant or

recipient is living and has a child or has adopted a child, or

(

E) with whom the applicant or

recipient has a relationship described in paragraph (A), (B), (

C) or (

D) and has a financial interdependency, other than for the support of child,

but does not reside with the applicant or recipient,

but does not include a person who is

related by blood or adoption to the applicant or recipient unless the

person has entered into an adult interdependent partner agreement under

section 7 of the Adult Interdependent Relationships Act, and

(ii) the dependent children, if any, who are

living with the applicant or recipient or with the applicant or recipient

and the person referred to in subclause (i),

but does not include a foster child and, for the

purposes of determining the amount of a standard allowance or shelter

allowance, does not include a child in respect of whom the maximum

financial support payments referred to in

section 49 of the Adoption

Regulation (AR 37/2002) are being made, and does not include a child on

whose behalf income support is being received from the child financial

support program through a Child and Family Services Authority;

Section 5(1)(

d) is amended by striking out "family unit's" and

substituting "household unit's".

Section 6 is amended

(

a) in clause (e.2) by striking out "family" and substituting

"household unit";

(

b) in clause (e.4) by adding "or adult interdependent partner"

after "spouse".

Section 7(d.2) is amended by adding "or adult interdependent partner"

after "spouse".

Section 14(4) is amended

(

a) in clause (a)(

i) by adding "or by virtue of an adult

interdependent relationship" after "marriage";

(

b) in clause (b)(

i) by striking out "marriage or adoption" and

substituting "adoption or marriage or by virtue of an adult interdependent

relationship".

Section 21 is amended by adding "or by virtue of an adult

interdependent relationship" after "marriage".

Section 30.3(2)(b)(iii) is amended by adding "or common-law partner"

after "spouse".

9 In sections 13(3) and 14(5) "Family Unit" is struck out and "Household

Unit" is substituted.

10 In the Regulation "family unit" is struck out wherever it occurs and

"household unit" is substituted.

11 This Regulation comes into force on June 1, 2003.

Alberta Regulation 131/2003

Provincial Court Act

Court of Queen's Bench Act

PROVINCIAL COURT JUDGES AND MASTERS IN CHAMBERS

COMPENSATION AMENDMENT REGULATION

Filed: May 14, 2003

Made by the Lieutenant Governor in Council (O.C. 238/2003) on May 14, 2003

pursuant to sections 16 and 9.52 of the Court of Queen's Bench Act and the

Provincial Court Act respectively.

1 The Provincial Court Judges and Masters in Chambers Compensation

Regulation (AR 176/98) is amended by this Regulation.

Section 4(2) is amended by striking out "33.5" and substituting "38".

3 This Regulation is deemed to have come into force on April 1, 2003.

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

Alberta Regulation 132/2003

Government Organization Act

DESIGNATION AND TRANSFER OF RESPONSIBILITY

AMENDMENT REGULATION

Filed: May 14, 2003

Made by the Lieutenant Governor in Council (O.C. 240/2003) on May 14, 2003

pursuant to

section 16 of the Government Organization Act.

1 The Designation and Transfer of Responsibility Regulation (AR 44/2001)

is amended by this Regulation.

Section 12(1)(aa) and (jj) is repealed.

Section 19(2) is amended by striking out "and

section 14(1)(

b) of the

Highway Traffic Act".

Section 24 is amended

(

a) in subsection (1)

(

i) by repealing clauses (d), (e), (

g) and (h);

(ii) by repealing clause (

j) and substituting the

following:

(

j) Traffic Safety Act, except for sections

2(1), 8 and 64(a), (d), (f), (g), (m), (

s) and (u)(

i) to (iv).

(

b) by repealing subsections (2) and (3);

(

c) by adding the following after subsection (4):

(5) The responsibility for sections 2(1), 8 and 64(a), (d), (f),

(g), (m), (

s) and (u)(

i) to (iv) of the Traffic Safety Act is transferred

to the common responsibility of the Minister of Transportation and the

Minister of Government Services.

5 Sections 3 and 4 come into force on May 20, 2003.

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

Alberta Regulation 133/2003

Employment Pension Plans Act

EMPLOYMENT PENSION PLANS (FINANCIAL HARDSHIP

WITHDRAWAL - 2003) AMENDMENT REGULATION

Filed: May 14, 2003

Made by the Lieutenant Governor in Council (O.C. 243/2003) on May 14, 2003

pursuant to

section 87 of the Employment Pension Plans Act.

1 The Employment Pension Plans Regulation (AR 35/2000) is amended by this

Regulation.

Section 2(3) is amended by adding a comma at the end of clause (

d) and

by adding at the end, on the line following after clause (d), "but money is

not to be regarded as unlocked or unlockable by reason only of the

potential for its withdrawal, surrender or commutation pursuant to any

exemption expressly provided for in the Act or this Regulation or any

alternative provision made under

section 87(1)(

q) of the Act".

Section 39(10)(

b) is amended by striking out "section 45(2)" and

substituting "sections 41.1 and 45(2)".

4 Sections 40(3)(

b) and 41(3)(

b) are amended by adding ", and that,

subject to sections 39(11) and (12), as incorporated by subsection (2) of

this section, and 41.1 and 45(2), no withdrawal, commutation or surrender

of money is permitted at all" at the end.

5 The following is added after

section 41:

Withdrawals from LIRAs, etc., on ground of financial hardship

41.1(1) A LIRA, LIF or LRIF must provide for the right of its owner

to withdraw, on application to the financial institution that administers

it, the whole or part of the money held in that vehicle if the

Superintendent has previously given written consent, pursuant to

Schedule

4, to the owner's application for the withdrawal on the grounds of being in

circumstances of financial hardship and need.

(2) RRSPs containing money to which

section 35(2) of the Act applies

are deemed to provide for the withdrawal of money from them provided for in

subsection (1) and those RRSPs are exempted from

section 35(1) and (5) of

the Act with respect to such withdrawals.

6 Until the end of May 2003, all references in

Schedule 4 of the

Regulation being amended to a pension partner are deemed instead to refer

to a spouse.

7 The following is added before

section 73:

Transitional provision

72.1 The amendments contained in sections 3, 5 and 6, and the

words "41.1 and" in

section 4, of the Employment Pension Plans (Financial

Hardship Withdrawal - 2003) Amendment Regulation, expire 3 years after they

came into force.

8 The following is added after

Schedule 3:

SCHEDULE 4

(Section 41.1)

CONSENT TO WITHDRAWAL ON GROUNDS

OF FINANCIAL HARDSHIP AND NEED

Interpretation

1(1) In this Schedule,

(a) "application" means an application to the

Superintendent for consent;

(b) "consent" means consent referred to in

section 41.1

of this Regulation for a withdrawal;

(c) "consented gross amount" means the aggregate

maximum amount withdrawable under

section 3(2);

(d) "consented net amount" means the consented gross

amount less the contractual payment and the withholding tax;

(e) "contractual payment" means the aggregate amount,

if any, that is payable on a withdrawal to the financial institution under

the contract for the retirement savings vehicle, but does not include the

withholding tax;

(f) "disability" means an illness, disability or

incapacity that may reasonably be expected to last for a continuous period

of at least one year;

(g) "financial institution" means the financial

institution that administers the retirement savings vehicle in question;

(h) "medical expenses" means, in relation to an

individual, expenses for goods and services for treatment of a condition

pertaining to that individual that the Superintendent considers to be of a

medical or dental nature;

(i) "old RRSP" means an RRSP containing money to which

section 35(2) of the Act applies;

(j) "owner" means an owner within the meaning of

section 39(2), 40(2) or 41(2) of this Regulation or the owner of an old

RRSP, as the case may be;

(k) "pension partner" means the owner's pension

partner, if any;

(l) "principal residence" means, in relation to an

owner, pension partner or dependant as the case may be, a home, of whatever

nature,

(

i) that is ordinarily inhabited by that

individual in the calendar year in which the application was signed or in

the following calendar year, and

(ii) in which any of them has an estate or

interest;

(m) "retirement savings vehicle" means a LIRA, LIF,

LRIF or an old RRSP, as the case may be;

(n) "withdrawal" means a withdrawal provided for in

section 41.1 of this Regulation of money held in a retirement savings

vehicle;

(o) "withholding tax" means the amount that the

financial institution is required to withhold on account of the owner's

income tax liability to comply with the institution's legal obligations in

that regard.

(2) For the purposes of this Schedule, an individual

(

a) may have only one principal residence, and

(

b) is a dependant if he or she is not that

individual's pension partner but was dependent on the owner or the pension

partner for support at some time during the calendar year in which the

application was signed or during the previous calendar year.

Consent

2 The Superintendent may give a consent subject to the provisions

of this Schedule.

Application for withdrawal

3(1) An application must be completed in the form required by the

Superintendent.

(2) The application must request that the consent authorize the

withdrawal of an amount not exceeding the aggregate of

(

a) the amount specified in the application, being an

amount whose withdrawal is allowed by this Schedule,

(

b) any contractual payment, and

(

c) the withholding tax.

(3) Notwithstanding anything in this Schedule, an application may

not be made for a consented net amount of less than

(a) $500, if payment is to be made as a lump sum, or

(b) $200 per instalment, if payment is to be made in

the form of instalments that are allowed by the consent.

(4) Where this

Schedule allows payment by instalment and the owner

wishes payment in that form, the application must request that the consent

authorize payment in that form.

(5) The owner of a LIRA, LIF or LRIF who has a pension partner may

make an application only if it is accompanied by a statement by the pension

partner, in the form required by the Superintendent, that

(

a) states that the pension partner is aware of the

pension partnership entitlements under that retirement savings vehicle,

(

b) states that the pension partner is aware of the

consequences of withdrawing the money but nevertheless agrees to the

withdrawal, and

(

c) was signed by the pension partner in the presence

of a witness and outside the presence of the owner.

(6) An owner who acquired the money as a result of a transfer from

another individual's retirement savings vehicle and who has a pension

partner may make an application only if it is accompanied by a statement by

the owner, in the form required by the Superintendent, that attests to the

fact that none of the money in the owner's retirement savings vehicle is

derived, directly or indirectly, from a pension benefit provided in respect

of any employment of the owner.

(7) An application must be accompanied by the owner's signed

statement acknowledging the understanding that money released as a result

of the consent will not be exempt from execution, seizure or attachment.

(8) Each application must relate to only one retirement savings

vehicle.

(9) An application must be accompanied by a copy of the most recent

statement on the retirement savings vehicle issued by the financial

institution.

(10) Before deciding whether or not to give consent, the

Superintendent may require the owner to submit, along with the

application, such documents and information as the Superintendent considers

necessary to verify the owner's claim for the withdrawal.

(11) The Superintendent is entitled to rely on the information

provided in or with the application and the accompanying documents as well

as on any additional evidence and other information provided to the

Superintendent and the Superintendent and the Government have no liability

with respect to the giving or withholding of a consent.

(12) A signed document is void if signed

(

a) more than 60 days before the Superintendent

receives it, in the case of a document that requires the signature of the

owner or pension partner, or

(

b) more than 12 months before the Superintendent

receives it, in all other cases.

Consent by Super-intendent

4(1) A consent authorizes the financial institution to pay to the

owner in accordance with the consent, the lowest of

(

a) the consented net amount,

(

b) such amount as the owner ultimately requests the

financial institution in writing to pay, and

(

c) such amount as is realizable from the retirement

savings vehicle.

(2) The amount payable must be paid in the form of

(

a) a lump sum payment, or

(

b) instalments,

as specified in the consent, unless the owner and the financial

institution agree otherwise.

(3) The financial institution shall make the payment or the first

payment, as the case may be, within 30 days after receiving the consent.

(4) The consent is void if the financial institution receives it

more than 12 months after the date the Superintendent signed it.

Circumstances constituting financial hardship

5(1) Any one or more of the following constitute circumstances that

the Superintendent may treat as circumstances of financial hardship for the

purposes of

section 41.1 of this Regulation if the Superintendent otherwise

determines the owner to be in financial need:

(

a) the owner or pension partner has received a written

demand in respect of arrears in the payment of rent on either's principal

residence, and either is facing legal eviction if the debt remains unpaid;

(

b) the owner or pension partner has received a written

demand in respect of a default on a debt that is secured against either's

principal residence, and either is facing legal eviction or forced sale of

the residence if the debt remains unpaid;

(

c) the owner or pension partner requires money to pay

up to 2 months' rent or one month's rent plus a security deposit to obtain

a home for either;

(

d) the owner or pension partner or a dependant has

incurred or will incur medical expenses for the treatment of any of them,

to the extent that the expenses claimed are reasonable and are not paid by

or subject to reimbursement from any other source;

(

e) the owner or pension partner or a dependant has

incurred or will incur expenses for renovations or other alterations to, or

additional expenses in the construction of, the principal residence of any

of them made necessary by the disability of any of them, to the extent that

the expenses claimed are reasonable and are not paid by or subject to

reimbursement from any other source;

(

f) the owner's expected total income from all sources

before taxes for the one-year period following the date of signing the

application is 66 2/3 per cent or less of the Year's Maximum Pensionable

Earnings for the year in which the application is signed;

(

g) the owner is in arrears as to a payment of income

tax and legal proceedings for the debt have been commenced by the Canada

Customs and Revenue Agency;

(

h) any other circumstances that the Superintendent,

having regard to the individual circumstances of the owner and the pension

partner (including those of a dependant), considers to be circumstances of

financial hardship.

(2) In an application relating to subsection (1)(a), the consented

net amount may not exceed the aggregate of

(

a) an amount sufficient to pay the rent arrears and

otherwise to reinstate the tenancy to good standing, and

(

b) enough money to cover the rent payments for one

year.

(3) In an application relating to subsection (1)(b), the consented

net amount may not exceed the aggregate of

(

a) an amount sufficient to pay the debt and otherwise

to bring the debt into good standing, and

(

b) enough money to cover the debt payments for one

year.

(4) In an application relating to subsection (1)(c), the consented

net amount may not exceed the amount sufficient to pay 2 months' rent or

one month's rent plus the security deposit, as the case may be.

(5) In an application relating to subsection (1)(d), the consented

net amount may not exceed the aggregate of

(

a) an amount sufficient to pay the medical expenses

incurred or to be incurred, and

(

b) enough money to cover the medical expenses for one

year.

(6) In an application relating to subsection (1)(e), the consented

net amount may not exceed the aggregate of the expenses for labour and

materials involved in the work.

(7) For the purposes of subsection (1)(f), expected total income

from all sources before taxes does not include

(

a) the consented gross amount,

(

b) a refund or repayment of taxes paid to a Canadian

jurisdiction or interest thereon,

(

c) a refundable tax credit,

(

d) a payment received by a foster parent under the

Child Welfare Act, or

(

e) child support payments received under a court order

or an agreement.

(8) In an application relating to subsection (1)(f), the consented

net amount may not exceed the amount by which "E" exceeds "F" where,

"E" is 50% of the Year's Maximum Pensionable Earnings

for the year in which the application is signed, and

"F" is 75% of the owner's expected total income from

all sources (but taking into account subsection (7)) before taxes for the

one-year period following the date of signing the application.

(9) In an application relating to subsection (1)(g), the consented

net amount may not exceed the amount of the debt that is claimed in the

legal proceedings.

(10) In an application relating to subsection (1)(h), the consented

net amount may not exceed the amount that the Superintendent considers

necessary given the circumstances of the case.

(11) Payments under subsections (2)(b), (3)(b), (5)(

b) and (8)(

b) may be made as lump sum payments or in instalments.

Section 6 is repealed on June 2, 2003.

Alberta Regulation 134/2003

Persons with Developmental Disabilities

Community Governance Act

GOVERNANCE AMENDMENT REGULATION

Filed: May 14, 2003

Made by the Lieutenant Governor in Council (O.C. 247/2003) on May 14, 2003

pursuant to

section 23 of the Persons with Developmental Disabilities

Community Governance Act.

1 The Governance Regulation (AR 208/97) is amended by this Regulation.

Section 3(2) is amended by striking out "6 previous months" and

substituting "12 previous months".

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

Alberta Regulation 135/2003

School Act

CLOSURE OF SCHOOLS AMENDMENT REGULATION

Filed: May 14, 2003

Made by the Minister of Learning (M.O. 043/2003) on May 14, 2003 pursuant

section 58 of the School Act.

1 The Closure of Schools Regulation (AR 238/97) is amended by this

Regulation.

2 The following is added after

section 1:

Non-application of sections

1.1 Sections 4 to 7 do not apply if a closure occurs as a result of

the transfer by one board to another board of the ownership of real

property on which a school building is located and the school building will

continue to be used for the instruction or accommodation of students.

Alberta Regulation 136/2003

Traffic Safety Act

COMMERCIAL VEHICLE CERTIFICATE AND INSURANCE

AMENDMENT REGULATION

Filed: May 15, 2003

Made by the Minister of Transportation (M.O. 18/03) on May 12, 2003

pursuant to

section 156 of the Traffic Safety Act.

1 The Commercial Vehicle Certificate and Insurance Regulation (AR

314/2002) is amended by this Regulation.

Section 2 is amended

(

a) in subsection (3) by adding the following after clause (c):

(

d) a commercial vehicle that is exempted by the

Registrar under subsection (4).

(

b) by adding the following after subsection (3):

(4) The Registrar may exempt a commercial vehicle from the

requirement of a safety fitness certificate under subsection (1) subject to

Section 10 is amended

(

a) in subsection (2) by adding the following after clause (f):

(

g) is a commercial vehicle that is exempted by the

Registrar under subsection (2.1).

(

b) by adding the following after subsection (2):

(2.1) The Registrar may exempt a commercial vehicle from the

requirement of an operating authority certificate under subsection (1)

appropriate.

4 The following is added after

section 22:

Temporary safety fitness certificate

22.1 Despite sections 20 and 21, when a person becomes the

registered owner of a commercial vehicle for which a safety fitness

certificate is required under

section 19(1), the Registrar may issue, with

days, in which case the registered owner must be assigned a conditional

safety fitness rating.

Section 26(1) is amended

(

a) in clause (

e) by striking out "11" and substituting "10";

(

b) in clause (

f) by striking out "more than 11 passengers" and

substituting "11 passengers or more".

Section 55 is amended

(

a) by striking out "section 53(3)" and substituting "section

53(1), (3)";

(

b) by striking out "section 55";

(

c) by adding "section 57" after "section 56".

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

Alberta Regulation 137/2003

Traffic Safety Act

OPERATOR LICENSING AND VEHICLE CONTROL

AMENDMENT REGULATION

Filed: May 15, 2003

Made by the Minister of Transportation (M.O. 21/03) on May 14, 2003

pursuant to sections 18(2), 64, 81, 100 and 116 of the Traffic Safety Act.

1 The Operator Licensing and Vehicle Control Regulation (AR 320/2002) is

amended by this Regulation.

Section 1 is amended by adding the following after clause (i):

(i.1) "facial recognition software" means software that measures the

unique invariable characteristics of a person's face;

Section 14 is amended

(

a) in subsection (1)(

b) by striking out "may" and substituting

"must";

(

b) by adding the following after subsection (2):

(3) The Registrar may, without limiting the use of other means of

identity verification, use facial recognition software for the purpose of

the identification of, or the verification of the identity of, a person who

has applied for an operator's licence.

Section 32(6) is amended by adding "or a moped" after "motor cycle".

Section 94 is amended by adding the following after subsection (4):

(4.1) The fee for reissuing an operator's licence pursuant to an

application under

section 20 is $13.

Section 123(1) is amended

(

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

(g.1) for photocopies of

(

i) carrier profiles, per page $2

(ii) public profiles, each $15;

(

b) in clause (

h) by striking out "clause (f)" and substituting

"clause (

g) or (g.1)".

Schedule 1 is amended

(

a) in the Form titled "NOTICE OF SUSPENSION" by striking out

Novice Driver - Zero Alcohol Tolerance Program

1 month suspension starting in 7 days

and substituting

Novice Driver - Zero Alcohol Tolerance Program

1 month suspension starting in 7 days

1 month suspension effective immediately

(

b) in the Form titled "NOTICE OF SUSPENSION/DISQUALIFICATION

Alberta Administrative Licence Suspension or Novice Driver - Zero Alcohol

Tolerance Program" in the text following the heading "Novice Driver - Zero

Alcohol Tolerance Program" by adding

1 month term effective immediately

after

1 month term starting in 7 days.

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

Alberta Regulation 138/2003

Traffic Safety Act

VEHICLE EQUIPMENT AMENDMENT REGULATION

Filed: May 15, 2003

Made by the Minister of Transportation (M.O. 16/03) on May 12, 2003

pursuant to

section 81 of the Traffic Safety Act.

1 The Vehicle Equipment Regulation (AR 322/2002) is amended by this

Regulation.

Section 47(5)(

b) is amended by striking out "15" and substituting "150"

and by striking out "30" and substituting "300".

Section 81(2) is amended by striking out "Section 78(3)" and

substituting "Section 78(1)".

Section 82 is amended by striking out "Section 78(1)" and substituting

"Section 78(2)(a)".

Section 87(6) is repealed.

Section 100 is amended

(

a) by striking out

section 30(2) except subsection

(2) and substituting

section 30(2)

section 31

(

b) by striking out

section 51

section 51

and substituting

section 51

section 52

(

c) by striking out "section 77".

Document details

CollectionAlberta — Gazette
Citation0531 ii
Typegazette
Volume / chapter0531 ii
Languageen
Formathtml
SourcePROVINCIAL
Identifiera3517c96d1efaa0fd5673cff67eef1ae4fd149f0

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