Alberta Gazette — 30 June (ii)
0630 ii
Alberta — Gazette
Alberta Regulation 113/2000
Government Organization Act
DESIGNATION AND TRANSFER OF RESPONSIBILITY
AMENDMENT REGULATION
Filed: June 7, 2000
Made by the Lieutenant Governor in Council (O.C. 216/2000) on June 7, 2000
pursuant to
section 16 of the Government Organization Act.
1 The Designation and Transfer of Responsibility Regulation (AR 127/99)
is amended by this Regulation.
Section 6 is amended
(
a) by repealing subsections (3.1) and (3.2);
(
b) by adding the following after subsection (5):
(6) The responsibility for sections 4(a), (b), (c), (e), (i),
(
j) and (m), 7, 8, 15, 16, 17, 18(1), 20, 21(1), 22(1), 26(a), 28(2), 30
and 31 of the Forests Act is transferred to the common responsibility of
the Minister of Environment and the Minister of Resource Development.
(7) The powers and duties of the Minister in sections 3, 14,
17, 18, 38, 45, 74, 77(c), 112(1), 116.1(1), 120, 154, 155, 160, 164, 165
and 170 of the Timber Management Regulation (AR 60/73) are transferred to
the common responsibility of the Minister of Environment and the Minister
of Resource Development.
Section 17 is amended
(
a) by repealing subsection (10);
(
b) by adding the following after subsection (18):
(19) The responsibility for the Northern Alberta Development
Council Act is transferred to the Minister of Resource Development.
Alberta Regulation 114/2000
Employment Standards Code
EMPLOYMENT STANDARDS AMENDMENT REGULATION
Filed: June 14, 2000
Made by the Lieutenant Governor in Council (O.C. 222/2000) on June 14, 2000
pursuant to
section 138 of the Employment Standards Code.
1 The Employment Standards Regulation (AR 14/97) is amended by this
Regulation.
2 The following is added before
section 2:
Farm or ranch employee exemptions
1.1 An operation that produces cultured fish within the meaning of
the Fisheries (Alberta) Act is specified as a primary agricultural
operation for the purpose of
section 2(3)(
i) of the Act.
Section 2(1) is amended
(
a) in clause (
a) by striking out "entirely";
(
b) in clause (b),
(
i) in subclause (iii) by striking out "mobile" and
substituting "manufactured";
(ii) by repealing subclause (vi) and substituting the
following:
(vi) a person employed by a person who
builds residential homes to sell those homes,
(iii) in subclause (ix) by adding "who is compensated for
activities performed under that certificate entirely by way of commission
income" after "Act";
(iv) by repealing subclause (
x) and substituting the
following:
(
x) an individual who has attained the age
of 16 years and who engages in a direct selling business within the meaning
of the Direct Selling Business Licensing Regulation (AR 190/99) under the
Fair Trading Act on behalf of the holder of a direct selling business
licence established by that Regulation,
(
v) by striking out "or" at the end of subclause (xi),
adding "or" at the end of subclause (xii) and adding the following after
subclause (xii):
(xiii) a counsellor or instructor at an
educational or recreational camp that is operated on a charitable or
not-for-profit basis
(
A) for children or handicapped
individuals, or
(
B) for religious purposes,
Section 2(2) is amended
(
a) in clause (
c) by adding "or student member" after "accountant";
(
b) by striking out "or" at the end of clause (
k) and by adding the
following after clause (l):
(
m) a member within the meaning of the Agrologists Act
or a person registered with the Alberta Institute of Agrologists as an
agrologist in training,
(
n) a certified dental mechanic within the meaning of
the Dental Mechanics Act or a student dental mechanic, or
(
o) an information systems professional, being an
employee who is primarily engaged in the investigation, analysis, design,
development, implementation, operation or management of information systems
based on computer and related technologies through the objective
application of specialized knowledge and professional judgment,
Section 3 is amended
(
a) in clause (
c) by striking out "mobile" and substituting
"manufactured";
(
b) in clause (
h) by adding "who is compensated for activities
performed under that certificate entirely by way of commission income"
after "Act;
(
c) by striking out "or" at the end of clause (
h) and by adding the
following after clause (i):
(
j) a person employed by a person who builds
residential homes to sell those homes,
(
k) an individual who has attained the age of 16 years
and who engages in a direct selling business within the meaning of the
Direct Selling Business Licensing Regulation (AR 190/99) under the Fair
Trading Act on behalf of the holder of a direct selling business licence
established by that Regulation, or
(
l) a counsellor or instructor at an educational or
recreational camp that is operated on a charitable or not-for-profit basis
(
A) for children or handicapped
individuals, or
(
B) for religious purposes,
Section 4(
d) is amended by adding "who is compensated for activities
performed under that certificate entirely by way of commission income"
after "Act".
Section 5 is amended by adding the following after subsection (2):
(3) Notwithstanding
section 55(2) of the Act, to the extent that
section 55(2)(
c) of the Act applies with respect to an employee engaged in
oilwell drilling, that clause is deemed to read
(
c) when the employee is employed for a definite term
or task on completion of which the employment terminates,
(4) In subsection (3), "oilwell drilling" means the drilling of an
oil or gas well, and includes any work performed with a mobile or
completion servicing rig.
8 The following is added after
section 5:
Termination pay
5.1
Section 63(1) of the Act does not apply with respect to an
employee who
(
a) is employed to work in a school within the meaning
of the School Act, or is employed as a school bus driver,
(
b) works until the end of one school year, and
(
c) at and from the beginning of the next school year
(
i) continues to work for the same
employer, or
(ii) is given the opportunity (whether the
employee takes it or not) to continue to work for that employer.
Section 6 is amended by repealing clauses (
b) and (c).
Section 8 is amended
(
a) by repealing clauses (
a) and (b);
(
b) in clause (
e) by adding "who is compensated for activities
performed under that certificate entirely by way of commission income"
after "Act";
(
c) by repealing clause (f);
(
d) in clause (
g) by repealing subclauses (ii) and (iii) and "or"
following subclause (iii) and substituting the following:
(ii) in an off-campus education program provided under
the School Act, or
(iii) in a work experience program approved by the
Minister of Learning or the Minister of Human Resources and Employment,
(
e) by adding "or" at the end of clause (
h) and adding the
following after clause (h):
(
i) a counsellor or instructor at an educational or
recreational camp that is operated on a charitable or not-for-profit basis
(
i) for children or handicapped
individuals, or
(ii) for religious purposes,
Section 9 is amended
(
a) in clause (a)
(
i) by adding "or (c)" after "(b)";
(ii) by repealing subclauses (
i) and (ii);
(
b) in clause (b)
(
i) by repealing subclause (
i) and substituting the
following:
(
i) an individual who has attained the age
of 16 years and who engages in a direct selling business within the meaning
of the Direct Selling Business Licensing Regulation (AR 190/99) under the
Fair Trading Act on behalf of the holder of a direct selling business
licence established by that Regulation,
(ii) in subclause (iii) by adding ", recreational
vehicle" after "truck";
(iii) in subclause (iv) by striking out "mobile" and
substituting "manufactured";
(iv) by striking out "or" at the end of subclause (vi)
and adding the following after subclause (vii):
(vii.1) a land agent licensed under the
Land Agents Licensing Act, or
(vii.2) any person referred to in
section
2(2),
(
v) by repealing subclauses (viii) and (ix);
(
c) by adding the following after clause (b):
(
c) in the case of an employer and employee referred to
section 6, where the employee lives or lives primarily in the employer's
home, the rate is $1125 per month.
Section 11(3) is amended by striking out "or" at the end of clause
(a), adding "or" at the end of clause (
b) and adding the following after
clause (b):
(
c) an adolescent employed on a day when the adolescent is required
to attend school,
13 The following is added after
section 13:
Deductions above or below minimum wage
13.1 Without limiting
section 13, any deduction or receipt of
payment out of wages for a purpose referred to in
section 13 may not exceed
the cost to the employer for the
article or service in question, whether
the reduction results in a wage that is below minimum wage or not.
14 The heading to
Part 3 is repealed and the following is substituted":
SPECIAL PROVISIONS FOR SPECIFIC INDUSTRIES
AND OCCUPATIONS
15 The heading to Division 1 of
Part 3 is amended by striking out
"Drivers and".
Section 14 is amended by striking out "ambulance drivers or".
Section 15 is repealed.
Section 16 is amended by renumbering it as
section 16(1) and adding
the following after subsection (1):
(2) This
section applies in substitution for
section 21 of the Act.
Section 17 is repealed and the following is substituted:
Calculation of hours of work
17(1) Notwithstanding
section 16 of the Act, if
(
a) a shift starts at or after 4:00 p.m. on one day and
ends not later than 9:00 a.m. on the following day, and
(
b) the employee is provided with sleeping
accommodation,
the shift may last up to 14 hours in aggregate.
(2) A shift described in subsection (1) is, for the purposes of
determining the number of hours of work, to be considered 10 hours of work.
(3) Notwithstanding subsection (2) but subject to subsection (4),
where the employee provides active services for the employer for more than
10 hours during the shift, those excess hours are overtime hours.
(4) Subsection (3) does not apply where a collective or other
agreement provides that all the hours in a shift to which subsection
(1) applies, whether or not active services for the employer are performed
during the shift, are to be compensated at the employee's regular rate of
pay.
Relief from on-call duties
17.1 On at least 4 days in every 28-day period, an employee must be
relieved of on-call duties unless the employee has expressly agreed to be
on call.
20 The title of Division 2 of
Part 3 is repealed and the following is
substituted:
Miscellaneous Services (Field Catering,
Geophysical Exploration, Surveying, Logging
and Lumbering and Road Maintenance Activities)
Section 18 is amended by repealing clause (
c) and substituting the
following:
(c) "land surveying" means the practice of land surveying within
the meaning of the Land Surveyors Act;
22 The following is added after
section 21:
Geophysical exploration
21.1
Section 16 of the Act does not apply with respect to
geophysical exploration.
23 The following is added after
section 33:
Hours of work
33.1
Section 16 of the Act does not apply with respect to oilwell
servicing.
24 The following is added after
section 35:
Payment of bonus component of wages
35.1 Any bonus component of wages that, but for this section, would
have to be paid in accordance with
section 8(1) of the Act must,
notwithstanding that section, be paid within 10 days after the end of the
pay period subsequent to the one in which the bonus was earned.
Bonus treatment in calculating general holiday pay
35.2 Notwithstanding
section 28 of the Act, if an employee is paid
a combination of salary and bonus, then, for the purpose of calculating
general holiday pay, the bonus component is not considered to be wages.
Overtime pay where bonus component
35.3 Notwithstanding sections 24(2) and 32(2) of the Act, where an
employee is paid a combination of salary and bonus, then, for the purpose
of calculating minimum entitlement to overtime pay and pay for time worked
on a general holiday, the employee's wage rate is deemed to be the minimum
wage.
Section 39(
a) is amended by striking out "driver, helper or swamper"
and substituting "driver or helper".
Section 43 is amended
(
a) by renumbering it as
section 43(1);
(
b) in subsection (1) by striking out "8 consecutive hours of rest"
and substituting "the longer of
(
a) the consecutive period of rest, if applicable,
required by the Drivers' Hours of Service Regulation (AR 290/89), and
(b) 8 consecutive hours of rest";
(
c) by adding the following after subsection (1):
(2) An employee who is subject to the Drivers' Hours of
Service Regulation (AR 290/89) is exempt from
section 16 of the Act.
Section 58 is repealed.
Section 59(2) is repealed and the following is substituted:
(2) If an audit of employer records is conducted by a person under
the authority of
section 72 of the Act, the Director is liable to pay to
that person the fees charged by the auditor and approved by the Director,
and the employer is liable to pay the same amount to the Director.
Section 66 is amended by striking out "2000" and substituting "2005".
30(1) Sections 2(1)(b)(ix), 3(h), 4(
d) and 8(
e) are amended by striking
out "certificate under
section 512" and substituting "insurance agent's
certificate of authority under
section 470".
(2) Section 2(2) is amended by repealing clauses (b), (
c) and (
d) and
substituting the following:
(
b) a certified general accountant, certified management accountant
or chartered accountant or a student, within the meaning of
section 1 of
the Regulated Accounting Profession Act,
(3) Section 2(2) is amended by repealing clause (
e) and substituting the
following:
(
e) a person who is registered as a regulated member of, and has a
practice permit issued by the registrar of, The College of Chiropractors of
Alberta, or a professional corporation that is registered on the record of
professional corporations of that College and has an annual permit, under
the Health Professions Act,
(4) Section 2(2) is amended by repealing clause (
f) and substituting the
following:
(
f) a person who is registered as a regulated member of, and has a
practice permit issued by the registrar of, The Alberta Dental Association
and College, or a professional corporation that is registered on the record
of professional corporations of that Association and College and has an
annual permit, under the Health Professions Act,
(5) Section 2(2) is amended by repealing clause (
i) and substituting the
following:
(
i) a person who has a practice permit issued by the registrar of
The Alberta College of Optometrists, or a corporation that is registered on
the record of professional corporations of that College or has an annual
permit, under the Health Professions Act,
(6) Section 2(2) is amended by repealing clause (
j) and substituting the
following:
(
j) a person who is a regulated member of the College of Physicians
and Surgeons of the Province of Alberta and has a practice permit referred
to in
section 15(4) of
Schedule 21 to the Health Professions Act (which
subsection deals with podiatry),
(7) Section 2(2) is amended by repealing clause (
k) and substituting the
following:
(
k) a person who is registered as a regulated member of, and has a
practice permit issued by, The College of Alberta Psychologists, under the
Health Professions Act,
(8) Section 2(2) is amended by repealing clause (
n) and substituting the
following:
(
n) a person who is registered as a regulated member of, and has a
practice permit issued by the registrar of, the College of Alberta
Denturists under the Health Professions Act, or
(9) Section 39(
a) is amended
(
a) by repealing subclause (
i) and substituting the following:
(
i) a truck driver to operate a truck that has a
manufacturer's rated carrying capacity of 910 kilograms net weight or over
and that is a commercial vehicle within the meaning of the Traffic Safety
Act, and to an employee employed as the truck driver's helper, or
(
b) in subclause (ii) by striking out "operating a bus licensed as
a public vehicle as defined in the Motor Transport Act" and substituting
"to operate a bus within the meaning of and in accordance with the Traffic
Safety Act".
31(1) Subject to this section, this Regulation comes into force on July 1,
(2) Section 30(1) comes into force on the Proclamation of
section 470 of
the Insurance Act (SA 1999 cI-5.1).
(3) Section 30(2) comes into force on the Proclamation of
section 1 of the
Regulated Accounting Profession Act.
(4) Section 30(3) comes into force on the Proclamation of
Schedule 2 to
the Health Professions Act.
(5) Section 30(4) comes into force on the Proclamation of
Schedule 7 to
the Health Professions Act.
(6) Section 30(5) comes into force on the Proclamation of
Schedule 17 to
the Health Professions Act.
(7) Section 30(6) comes into force on the Proclamation of
section 15(4) of
Schedule 21 to the Health Professions Act.
(8) Section 30(7) comes into force on the Proclamation of
Schedule 22 to
the Health Professions Act.
(9) Section 30(8) comes into force on the Proclamation of
Schedule 8 to
the Health Professions Act.
(10) Section 30(9) comes into force on the Proclamation of
section 130 of
the Traffic Safety Act.
Alberta Regulation 115/2000
Social Development Act
SOCIAL ALLOWANCE AMENDMENT REGULATION
Filed: June 14, 2000
Made by the Lieutenant Governor in Council (O.C. 225/2000) on June 14, 2000
pursuant to
section 30 of the Social Development Act.
1 The Social Allowance Regulation (AR 213/93) is amended by this
Regulation.
Section 5(5) is amended by adding "(d.1), (d.2)," after "section
7(d),".
Section 6 is amended by adding the following after clause (e.2):
(e.3) an asset that is purchased with a payment received by the
applicant or recipient or a member of the family unit under
Schedule A or B
to the 1986-1990 Hepatitis C Settlement Agreement other than
(
i) a payment under
section 4.02 of that Agreement for
loss of income, or
(ii) a payment under
section 6.01 of that Agreement for
loss of support resulting from the death of the infected person;
(e.4) an asset that is purchased by the applicant or recipient or a
member of the family unit with a payment received from the Government of
Canada by a veteran of the Canadian or Newfoundland Merchant Navy or a
surviving spouse of that veteran;
Section 7 is amended by adding the following after clause (d):
(d.1) a payment received under
Schedule A or B to the 1986-1990
Hepatitis C Settlement Agreement other than
(
i) a payment under
section 4.02 of that Agreement for
loss of income, or
(ii) a payment under
section 6.01 of that Agreement for
loss of support resulting from the death of the infected person
of wartime service by a veteran of the Canadian or Newfoundland Merchant
Navy or a surviving spouse of that veteran
100% exempt
100% exempt
Section 12 is amended
(
a) by renumbering it as
section 12(1);
(
b) in subsection (1)(
c) by adding "unless subsection (2) applies"
after "benefits";
(
c) by adding the following after subsection (1):
(2) Where health benefits are payable to a person under sections
4.06 and 4.07 of Schedules A and B to the 1986-1990 Hepatitis C Settlement
Agreement, those benefits are not included in a basic allowance payable to
that person under this Regulation.
Section 13 is amended
(
a) in subsection (3) by repealing the table and substituting the
following
Ages of Children
in Family Unit
Monthly Standard
Allowance
Number of Children in Family Unit
0-11
years
12-17
years
one
adult
two
adults
$229
$426
(
b) in subsection (4)
(
i) in clause (
a) by striking out "$96" and
substituting "$81";
(ii) in clause (
b) by striking out "$129" and
substituting "$114";
(
c) in subsection (5)
(
i) in clause (
a) by striking out "$96" and
substituting "$81";
(ii) in clause (
b) by striking out "$129" and
substituting "$114";
(
d) in subsection (9) by repealing the table and substituting the
following:
Unit
Amount
individual adult
$143
each adult in 2-person family unit
each adult in 3-person or larger family unit
1st child under 12 years of age
1st child 12 to 17 years of age
2nd child under 12 years of age
2nd child 12 to 17 years of age
3rd child under 12 years of age and for each additional child under 12
years of age
3rd child 12 to 17 years of age and for each additional child 12 to 17
years of age
Section 27 is repealed and the following is substituted:
Allowance for school expenses
27 Where a child member of a family unit or a child referred to in
section 9 of the Act is registered in and attending a kindergarten program
or an elementary, junior high or high school in Alberta, the Director may
provide an allowance to cover fees and costs associated with school
attendance in the amount of
(a) $50 per year per student, where the student is
attending a kindergarten program,
(b) $100 per year per student, where the student is
attending an elementary school, and
(c) $175 per year per student, where the student is
attending a junior high school or high school.
Section 30.1 is amended
(
a) in subsection (1)
(
i) in clause (
a) by striking out "August 1, 1999" and
substituting "August 1, 2000, or".
(ii) by repealing (b);
(iii) in clause (
c) by striking out "August 1, 1999" and
substituting "August 1, 2000";
(
b) in subsection (2) by striking out "August 1, 1999" and
substituting "August 1, 2000".
Section 30.2 is repealed.
Section 30.3(2)(
b) is amended by striking out "Revenue Canada" and
substituting "the Canada Customs and Revenue Agency".
Section 30.4 is amended
(
a) in subsection (1)(
b) by striking out "$42" and substituting
"$58";
(
b) in subsection 2(
b) by striking out "Revenue Canada" and
substituting "the Canada Customs and Revenue Agency".
Section 30.6(2) is amended by striking out "$42" and substituting
"$58".
13 Sections 6, 8, 9, 10, 11 and 12 come into force on August 1, 2000.
------------------------------
Alberta Regulation 116/2000
Government Organization Act
DESIGNATION AND TRANSFER OF RESPONSIBILITY
AMENDMENT REGULATION
Filed: June 14, 2000
Made by the Lieutenant Governor in Council (O.C. 227/2000) on June 14, 2000
pursuant to
section 16 of the Government Organization Act.
1 The Designation and Transfer of Responsibility Regulation (AR 127/99)
is amended by this Regulation.
Section 4(1) is amended by adding the following after clause (e):
(e.1) First Nations Sacred Ceremonial Objects Repatriation Act;
Section 5(1)(
b) is repealed.
Section 10 is amended by adding the following after subsection (2.1):
(2.2) The Minister of Human Resources and Employment is designated
as the Minister responsible for the Special Payment Act.
Section 12 is amended by adding the following after subsection (1):
(1.1) The Minister of Innovation and Science is Minister designated
as the Minister responsible for the Alberta Heritage Foundation for Science
and Engineering Research Act.
Section 18(1)(cc) is repealed.
------------------------------
Alberta Regulation 117/2000
Persons With Developmental Disabilities
Community Governance Act
GOVERNANCE AMENDMENT REGULATION
Filed: June 14, 2000
Made by the Lieutenant Governor in Council (O.C. 228/2000) on June 14, 2000
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 2 is renumbered as
section 2(1) and the following is added
after subsection (1)
(2) A member of a Board continues to hold office after the expiry of
the member's term of office until the member is reappointed or a successor
is appointed.
------------------------------
Alberta Regulation 118/2000
Business Corporations Act
BUSINESS CORPORATIONS REGULATION
Filed: June 14, 2000
Made by the Lieutenant Governor in Council (O.C. 229/2000) on June 14, 2000
pursuant to
section 254 of the Business Corporations Act.
Table of Contents
Prescribed residents 1
Name in articles 2
Interpretation 3
Similar names 4
Minor differences 5
Distinctive meaning through use 6
Family names 7
Name of amalgamated corporation 8
Additional form of name 9
Limited number of characters 10
Permitted characters in name 11
Year in name 12
Prohibited names 13
Other prohibited affiliations 14
Registrar's powers 15
Pseudonym 16
Name search reports 17
Number as name 18
Securities Act forms 19
Form requirements 20
Financial statements 21
Auditor's report 22
Disclosure of remuneration 23
Annual return 24
Securities register information 25
Registrar's records 26
Fee for security certificate 27
Repeal 28
Expiry 29
Coming into force 30
Prescribed residents
1 The following classes of persons are prescribed for the purpose of
section 1(t)(ii) of the Act:
or a province or territory of Canada, of an agency of any such government
or of a federal or provincial crown corporation;
(
b) persons who are full-time employees of a body corporate
(
i) of which more than 50% of the voting shares are
beneficially owned or over which control or direction is exercised by
resident Canadians, or
(ii) a majority of the directors of which are resident
Canadians,
where the principal reason for the residence of the employees
outside Canada is to act as such employees;
(
c) persons who are full-time students at a university or other
educational institution recognized by the educational authorities of a
majority of the provinces of Canada, and have been resident outside Canada
for less than 10 consecutive years;
(
d) persons who are full-time employees of an international
association or organization of which Canada is a member;
(
e) persons who were, at the time of reaching their 60th birthday,
ordinarily resident in Canada and have been resident outside Canada for
less than 10 consecutive years.
Name in articles
2 The name of a corporation must be set out in articles filed with the
Registrar.
Interpretation
3 In this
section and sections 4 and 5,
(a) "corporate person" means a body corporate incorporated in
Alberta, a registered extra-provincial corporation and a Canada
corporation;
(b) "dissolved body corporate" means a dissolved body corporate
that was incorporated in Alberta;
(
c) a reference to the name of a registered extra-provincial
corporation includes an assumed name under
section 270 of the Act.
Similar names
4(1) A corporation and an extra-provincial corporation registered in
Alberta may not have a name that is similar to the name of a corporate
person unless that person consents in writing to the use of the name in
whole or in part.
(2) A corporation and an extra-provincial corporation registered in
Alberta may not have a name that is similar to the name of a dissolved body
corporate unless the body corporate has been dissolved for more than 3
years.
(3) No name that is identical or similar to a name that is identified in a
computer printed search report as "proposed" may be used by a corporation
or extra-provincial corporation registered in Alberta unless it is the
person who first proposed the name or unless it has the consent in writing
of the person who first proposed the name.
(4) For the purposes of subsections (1), (2) and (3), a name is similar if
it is
(
a) a name that would reasonably lead to the inference that the
corporation or extra-provincial corporation bearing the name is or would be
associated or affiliated with the corporate person, dissolved body
corporate or person proposing the name if the corporation or
extra-provincial corporation and the corporate person, dissolved body
corporate or person proposing the name are not or will not be associated or
affiliated, or
(
b) a name whose similarity to the name of the corporate person or
dissolved body corporate or to the proposed name would lead someone who has
an interest in dealing with the corporate person, dissolved body corporate
or person proposing the name to deal with the corporation or
extra-provincial corporation bearing the name in the mistaken belief that
he is dealing with the corporate person, dissolved body corporate or person
proposing the name.
Minor differences
5(1) A corporation and an extra-provincial corporation registered in
Alberta may not have a name where the only difference from the name of a
corporate person or of a dissolved body corporate is
(
a) the addition or deletion of punctuation marks or spaces,
(
b) the insertion or removal of a year in the name,
(
c) a difference in the legal element of the name referred to in
section 10(3) of the Act or the addition or deletion of the word "company"
or its abbreviation,
(
d) the substitution of a word for its abbreviation or an
abbreviation for the word,
(
e) the substitution of a word for its homonym,
(
f) the addition or deletion of an article, or
(
g) any other change that does not produce a phonetic difference
between the name and the name of the corporate person or dissolved body
corporate.
(2) Subsection (1)(
b) to (
g) as they apply to a corporate person do not
apply
(
a) where the corporate person consents in writing and undertakes
(
i) change its name, or
(ii) dissolve
within 6 months, or
(
b) in the case of a corporate person that is a registered
extra-provincial corporation, where the registered extra-provincial
corporation undertakes to
(
i) cease to be registered in Alberta, or
(ii) change its name in its home jurisdiction
within 6 months.
(3) Subsection (1)(
b) to (
g) as they apply to a dissolved body corporate
do not apply where the dissolved body corporate has been dissolved for at
least 3 years prior to the time the corporation or extra-provincial
corporation has the name.
Distinctive meaning through use
6 No corporation may have a name that
(
a) is too general,
(
b) is only descriptive, in any language, of the quality, function
or other characteristics of the goods or services in which the corporation
deals or intends to deal,
(
c) is primarily or only the name or surname of an individual who
is living or has died within 30 years preceding the date of filing the
articles, or
(
d) consists primarily or only of a geographic name,
unless the name has through use acquired a meaning that renders the name
distinctive.
Family names
7(1) No corporation may have a name that contains a word or expression, an
element of which is the family name of an individual, whether or not the
word or expression is preceded by the individual's given name or initials,
unless the individual or the individual's heir, executor, administrator,
assigns or guardian consents in writing to the use of the individual's
name.
(2) Subsection (1) does not apply where the corporation that will have the
name is the successor or affiliate of a corporation using the family name
as an element in its corporate name, and that corporation consents in
writing to the use of the name by the successor or affiliate corporation.
Name of amalgamated corporation
8 When 2 or more corporations amalgamate, the name of the amalgamated
corporation may be identical to the name of one of the amalgamating
corporations if the name is not a number name.
Additional form of name
9(1) An additional form of name used pursuant to
section 10(6) of the Act
must be a direct translation of the corporate name.
(2) Notwithstanding subsection (1), changes may be made to the additional
form of name to ensure that it is idiomatically correct.
Limited number of characters
10 No corporation may have a name that exceeds 200 characters in length,
including punctuation marks and spaces.
Permitted characters in name
11(1) The name of a corporation and extra-provincial corporation
registered in Alberta may contain only the following:
(
b) arabic numerals;
(
c) the following punctuation or other marks:
(i) !
(ii) "
(iii) #
(iv) $
(v) %
(vi) &
(vii)
(viii) ( )
(ix) *
(x) +
(xi) ,
(xii) .
(xiii) -
(xiv) /
(xv) :
(xvi) ;
(xvii) >
(xviii)
(xviii) 7
cm or 3 sites >3 cm, Bsx, splenomegaly @ umbilicus, compression syndromes
(GI, GU, orbit), effusions cytopenias, Age