Alberta Gazette — 30 June (ii)

0630 ii

Alberta — Gazette

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

Document details

CollectionAlberta — Gazette
Citation0630 ii
Typegazette
Volume / chapter0630 ii
Languageen
Formathtml
SourcePROVINCIAL
Identifiera398c2ff93d4d63ae565800d228d0ec0807d8cef

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