Alberta Gazette — 31 December 2019 (Part II)
31 December 2019
Alberta — Gazette
Alberta Regulation 171/2019
Traffic Safety Act
OPERATOR LICENSING AND VEHICLE
CONTROL AMENDMENT REGULATION
Filed: December 2, 2019
For information only: Made by the Minister of Transportation (M.O. No: 33/19) on
November 28, 2019 pursuant to
section 64(
b) and (
c) of the Traffic Safety Act.
1 The Operator Licensing and Vehicle Control Regulation
(AR 320/2002) is amended by this Regulation.
Section 15 is amended
(
a) in subsection (2)(
c) by adding ", subject to any terms
and conditions the Registrar deems appropriate" after
"necessary to confirm the person's driving ability":
(
b) by adding the following after subsection (3):
(4) If, following the failure to successfully complete an
examination in respect of a Class 1 or a Class 2 operator's
licence that is referred to in subsection (2)(c), the Registrar is
satisfied that further testing is not appropriate, the Registrar may,
on notice in writing to the tested person and, subject to any terms
and conditions the Registrar deems appropriate,
(
a) advise that the Class 1 or Class 2 operator's licence of
the tested person is of no force or effect, and
(
b) deem the tested person to be the holder of an operator's
licence of a Class held by that person when that person
first applied for a Class 1 or Class 2 operator's licence.
(5) The notice referred to in subsection (4) may include any
Registrar considers necessary to confirm the person's driving
ability, including a requirement to re-apply under
section 15.1 as
a first-time applicant.
Section 15.1(4) is repealed and the following is
substituted:
(4) Notwithstanding subsections (1) and (2), the Registrar may, with
respect to a class of applicants determined by the Registrar and on
the request by first-time applicants of that class for a Class 1 or Class
2 operator's licence who have not successfully completed the
training course referred to in subsection (1), authorize the first-time
applicants
(
a) to take the examinations referred to in subsection (1), subject
appropriate, or
(
b) to take an alternate examination that the Registrar considers
appropriate, subject to
(
i) the requirement, in writing, to successfully complete the
examinations referred to in subsection (1) on or before a
date specified by the Registrar, and
considers appropriate.
(4.1) If, following the failure to successfully complete an
examination in respect of a Class 1 or a Class 2 operator's licence
that is referred to in subsection (4), the Registrar is satisfied that
further testing is not appropriate, the Registrar may, on notice in
the Registrar deems appropriate,
(
a) advise that the Class 1 or Class 2 operator's licence of the
tested person is of no force or effect, and
(
b) deem the tested person to be the holder of an operator's
licence of a Class held by that person when that person first
applied for a Class 1 or Class 2 operator's licence.
(4.2) The notice referred to in subsection (4.1) may include any
Registrar considers necessary to confirm the person's driving ability,
including a requirement to re-apply under
section 15.1 as a first-time
applicant.
Section 15.3 is repealed and the following is substituted:
Exemption
15.3 Notwithstanding
section 15.2, if an operator has maintained
good standing as determined by the Registrar, the Registrar may, in
writing, exempt an operator from the requirements set out in
considers appropriate.
Alberta Regulation 172/2019
Employment Standards Code
EMPLOYMENT STANDARDS (SPECIAL PROVISIONS)
AMENDMENT REGULATION
Filed: December 3, 2019
For information only: Made by the Lieutenant Governor in Council (O.C. 268/2019)
on December 3, 2019 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 after
section 43.84:
Division 12
Mobile Workover or Completion Service Drilling Operations,
Oil and Gas Continuous Operations and Roadbuilding or
Heavy Construction Operations
Definitions
43.841 In this Division,
(a) "mobile workover or completion service drilling operations
employee" means an employee employed in work performed
with a mounted mobile service rig or completion service rig,
including the moving of the worksite and rig, but not
including the actual drilling of a well;
(b) "oil and gas continuous operations employee" means an
employee employed in developing, producing or refining
natural gas or oil who works in a continuous operation
setting;
(c) "roadbuilding or heavy construction operations employee"
means an employee employed in the construction,
maintenance, repair or demolition, for residential,
commercial, industrial, oilfield, oil sands, agriculture or
forestry purposes, of
(
i) highways or roadways, including private roadways,
(ii) highway or roadway appurtenances,
(iii) material processing,
(iv) sidewalks or curbs,
(
v) bridges,
(vi) site development,
(vii) earth or rock fill dams,
(viii) water or sewer management systems,
(ix) drainage or irrigation systems,
(
x) urban rail or transit systems, or
(xi) traffic control accommodations.
Application of Division
43.842 This Division applies to mobile workover or completion
service drilling operations employees, oil and gas continuous
operations employees and roadbuilding or heavy construction
operations employees, other than employees who provide office or
administrative services, and to their respective employers while acting
in the capacity of employer.
Substitution for Act
43.843(1) Sections 43.844 and 43.845 apply in substitution for
section 16(1) of the Act.
(2) Section 43.846 applies in substitution for
section 19(1)(
d) of the
Act with respect to roadbuilding or heavy construction operations
employees and their respective employers while acting in the capacity
of employer.
(3) In the case of oil and gas continuous operations employees and
their respective employers while acting in the capacity of employer,
the reference to "12 hours per day" in
section 23.1(3)(d)(
i) of the Act
is to be read as a reference to "13 hours per day".
(4) For greater certainty, sections 43.844 and 43.845 do not apply with
respect to
(
a) geophysical exploration as defined in
section 18(b), or
(
b) an employee who is subject to Division 8 of this Part.
Hours of work confined
43.844(1) An employer must confine the hours of work of a mobile
workover or completion service drilling operations employee or a
roadbuilding or heavy construction operations employee within a
period of 16 consecutive hours in any one work day unless an accident
occurs, urgent work is necessary to a plant or machinery, or other
unforeseeable or unpreventable circumstances occur.
(2) An employer must confine the hours of work of an oil and gas
continuous operations employee within a period of 13 consecutive
hours in any one work day unless an accident occurs, urgent work is
necessary to a plant or machinery, or other unforeseeable or
unpreventable circumstances occur.
(3) Despite subsections (1) and (2), an employer must comply with a
request by an employee that the employee's hours of work be confined
within a period of 12 consecutive hours in any one work day unless an
accident occurs, urgent work is necessary to a plant or machinery, or
other unforeseeable or unpreventable circumstances occur.
Hours of rest
43.845 An employer must allow an employee whose hours of work
exceed a period of 12 consecutive hours in any one work day at least 8
consecutive hours of rest after the employee completes a shift.
Days of rest
43.846(1) An employer must allow a roadbuilding or heavy
construction operations employee at least 4 days of rest in each period
of 4 consecutive work weeks.
(2) For the purposes of determining the days of rest under subsection
(1), if the hours of work of a roadbuilding or heavy construction
operations employee in a work day total 4 or fewer hours, the
remainder of the work day is to be considered to be one-half day of
rest.
(3) Subsection (2) does not apply if the employer provides the
roadbuilding or heavy construction operations employee 4 consecutive
days of rest in a period of 4 consecutive work weeks.
(4) An employer must comply with a request by a roadbuilding or
heavy construction operations employee for one 24-hour period of rest
in a work week.
(5) Subsection (4) does not apply if the employer provides the
roadbuilding or heavy construction operations employee
(
a) one day of rest in the work week, or
(b) 4 consecutive days of rest in a period of 4 consecutive work
weeks.
Section 66 is repealed.
Alberta Regulation 173/2019
Dairy Industry Act
DAIRY INDUSTRY AMENDMENT REGULATION
Filed: December 3, 2019
For information only: Made by the Lieutenant Governor in Council (O.C. 269/2019)
on December 3, 2019 pursuant to
section 39 of the Dairy Industry Act.
1 The Dairy Industry Regulation (AR 139/99) is amended by
this Regulation.
Section 1(1) is amended
(
a) in clause (a.1) by striking out "test" wherever it
occurs and substituting "method for the analysis of
dairy products";
(
b) by adding the following after clause (a.1):
(a.2) "automatic milking system" means a system to milk
dairy animals that does not require an individual to
conduct the actual milking of the dairy animals;
(
c) by repealing clauses (e), (
f) and (g).
Section 4 is amended by adding the following after
subsection (1):
(1.1) In addition to the conditions referred to in subsection (1), each
licence in a class of licence referred to in
section 2(c), (
d) or (
e) is
also subject to the following conditions:
(
a) the holder of the licence shall not cease producing or
processing milk that the producer or processor is authorized
to produce or process for a period of 12 consecutive months
or longer during the term of the licence;
(
b) the holder of the licence shall notify the Director in writing
immediately if the holder of the licence has failed to comply
with the condition imposed by clause (a).
Section 9(
b) is repealed and the following is substituted:
(
b) free of animal waste, feed waste and obstacles, including,
without limitation, animals, locked gates and machinery.
Section 14 is amended
(
a) in subsection (1)
(
i) by adding "in which an automatic milking system is
not used" after "milking parlour";
(ii) in clause (
c) by adding "if necessary" after
"ventilation system";
(iii) in clause (
d) by adding "if necessary" after
"heating system";
(iv) in clause (
f) by adding ", if any," after "ceilings";
(
v) in clause (g)
(
A) by striking out "15 cm" and substituting
"portion";
(
B) by adding "if any," after "walls,";
(vi) in clause (
h) by striking out "for milking" and
substituting "for the purpose of milking";
(
b) in subsection (2)
(
i) by adding "in which an automatic milking system is
not used" after "milking parlour";
(ii) in clause (
c) by striking out "be rounded" and
substituting "be sealed";
(
c) by repealing subsection (3) and substituting the
following:
(3) If a milking parlour in which an automatic milking system is
not used is constructed as a part of a dairy barn it must
(
a) be separated from the rest of the dairy barn by a holding
area with a floor that is kept clean and free of the
accumulation of manure, and
(
b) be located and maintained so that all equipment can be
kept clean and free of contamination, including stable
odours.
6 The following is added after
section 14:
Milking parlour with automatic milking system
14.1(1) A milking parlour in which an automatic milking system is
used must
(
a) be equipped with or have ready access to a pressurized hot
and cold running potable water system that is protected from
any source of contamination,
(
b) be equipped with pipes, hoses and nozzles that are installed
and arranged in a manner that permits cleaning of the parlour
and equipment,
(
c) be equipped with a ventilation system if necessary to
eliminate condensation and odours that may affect the
organoleptic characteristics of the milk,
(
d) be equipped with a heating system if necessary to prevent
freezing,
(
e) be illuminated in a manner that permits the milking
operations and the inspection, cleaning and sanitizing of the
milking parlour and equipment to be carried out in a sanitary
manner,
(
f) have walls and ceilings, if any, that are
(
i) covered with hard, smooth, washable, light-coloured,
waterproof material, and
(ii) free of indentations, flaking, pitting and cracks,
(
g) have the lower portion of the walls, if any, above floor level,
constructed of concrete or other impervious material, and
(
h) be kept free of animals other than dairy animals.
(2) The floor, ramps and platforms of a milking parlour in which an
automatic milking system is used must
(
a) be constructed of concrete or other impervious material,
(
b) be maintained in good repair,
(
c) be sealed at the intersection with the walls, and
(
d) have covered drains, equipped with traps, that are sloped so
as to flow into a wastewater drainage system.
(3) If a milking parlour in which an automatic milking system is
used is constructed as a part of a dairy barn it must
(
a) be separated from the rest of the dairy barn by a holding area
with a floor that is kept clean and free of the accumulation of
manure, and
(
b) be located and maintained so that all equipment can be kept
clean and free of contamination, including stable odours.
Section 16 is amended
(
a) in subsection (3)
(
i) by repealing clause (c)(
i) and substituting the
following:
(
i) has sufficient capacity to prevent the accumulation
of water or other liquid, and
(ii) by repealing clause (
d) and substituting the
following:
(
d) is sealed at the intersection with the walls.
(
b) in subsection (4)
(
i) by repealing clause (e);
(ii) by striking out "and" at the end of clause (
f) and
by adding the following after clause (f):
(f.1) have the lower portion of the walls, above floor
level, constructed of concrete or other impervious
material, and
(
c) by adding the following after subsection (6):
(7) Where a portion of a bulk milk tank extends beyond the
milk house wall, the area where the milk house wall and bulk
milk tank meet must be tightly sealed so as to prevent odours
or pests from entering the milk house.
Section 17 is amended
(
a) in subsection (1)
(
i) in clause (
a) by striking out "concave bottoms"
and substituting "bottoms that slope towards a
drain";
(ii) by repealing clause (
c) and substituting the
following:
(
c) soap and single-use towels for washing and drying
hands, and
(
b) in subsection (3)
(
i) by striking out "lavatory, the lavatory" and
substituting "washroom, the washroom";
(ii) by striking out "and" at the end of clause (a);
(iii) by adding the following after clause (a):
(a.1) contain a sink and soap and single-use towels for
washing and drying hands, and
Section 18 is amended
(
a) by repealing subsection (2);
(
b) by adding the following after subsection (3):
(4) Detergents, sanitizers, cleaning materials and veterinary
drugs that are used or stored in a milk house must not
contaminate the milk or farm-separated cream.
(5) The following must not be stored in a milk house:
(
a) pesticides;
(
b) toxic products other than
(
i) detergents, sanitizers and other cleaning materials
used in the production and handling of milk or
farm-separated cream, and
(ii) veterinary drugs.
Section 19(1) is amended by striking out "and" at the
end of clause (
b) and by repealing clause (
c) and
substituting the following:
(
c) has a tight-fitting cover that is kept closed when not in
use to prevent the entry of pests, and
(
d) is maintained in a safe and sanitary condition so as to
prevent risks of damage or injury.
Section 23 is amended by adding "bulk milk grader or"
before "processor" wherever it occurs.
Section 24(1)(
b) is amended by striking out "pouring"
and substituting "working".
Section 25 is amended
(
a) in subsection (1)
(
i) in clause (
a) by adding "or standards substantially
similar to 3-A Standards approved by the Director"
after "3-A Standards";
(ii) by repealing clause (
c) and substituting the
following:
(
c) have sufficient capacity to hold at least the milk
production, as determined on the basis of the dairy
animal herd's milk production during its peak
production period, of the dairy animal herd
between regularly scheduled shipments of milk,
(iii) in clause (
h) by striking out "1øC and 4øC" and
substituting "0øC and 4øC, inclusive";
(iv) by repealing clause (
i) and substituting the
following:
(
i) have legs
(
A) that are adjustable for the purposes of
calibration, and
(
B) that, after each calibration, are prevented
from being readjusted by being sealed by
concrete or by another method approved by
the Director,
(
b) by repealing subsection (4) and substituting the
following:
(4) Despite subsection (1)(c), if there is more than one bulk
milk tank on a dairy farm, the combined capacity of the bulk
milk tanks must be able to hold at least the milk production, as
determined on the basis of the dairy animal herd's milk
production during its peak production period, of the dairy
animal herd between regularly scheduled shipments of milk.
Section 26 is amended
(
a) in subsections (1) and (2)(
a) and (
b) by striking out
"between 1øC and 4øC" and substituting "between 0øC
and 4øC, inclusive,";
(
b) by adding the following after subsection (2):
(3) If milk is harvested using an automated milking system
(
a) the milk must be cooled to a temperature between 0§C
and 4§C, inclusive, within 2 hours after the start of
milking, and
(
b) the blend temperature must not rise above 4§C for more
than 15 consecutive minutes.
15 The following is added after
section 27:
Frozen Storage of Sheep's Milk
Sheep's milk
27.1(1) Sheep's milk may be stored in frozen storage.
(2) A producer who stores sheep's milk in frozen storage must
ensure that
(
a) reusable containers used to store the sheep's milk are cleaned
after use and sanitized and dried before being reused,
(
b) single-use articles used to store the sheep's milk are not used
more than once,
(
c) the containers used to store the sheep's milk are stored so
that the exteriors of the containers are kept clean and free of
contaminants,
(
d) the freezer unit used to store the sheep's milk is equipped
with an accurate temperature measuring device, and
(
e) the freezer unit, including racks and any other parts of the
unit, used to store the sheep's milk is
(
i) free of pits and corrosion, and
(ii) maintained in a sanitary condition.
(3) Sheep's milk must be cooled to 4øC or less before it is added to
a container of frozen sheep's milk.
(4) Sheep's milk that is to be stored in frozen storage must
(
a) be frozen within 72 hours after the start of milking,
(
b) be maintained at a temperature of -18øC or colder, and
(
c) remain frozen until it is received by the processor.
(5) A producer who stores sheep's milk in frozen storage shall
maintain a daily record of the freezer temperature.
(6) A producer shall give each container of sheep's milk stored in
frozen storage a unique identifier and shall keep a record of the
container that includes the container identifier, the producer's name
and the milking dates for the milk in the container.
Section 30 is amended
(
a) by repealing subsection (1) and substituting the
following:
Milk handling equipment
30(1) No person shall install or permit the installation of
milking or milk handling equipment on a dairy farm unless the
equipment conforms to, and is installed in accordance with,
3-A Standards or standards substantially similar to 3-A
Standards approved by the Director.
(
b) by repealing subsection (3) and substituting the
following:
(3) No producer shall use or permit the use of milking or milk
handling equipment
(
a) that is not in good condition, or
(
b) that an inspector has determined is not in a suitable
condition for use for its intended purpose.
Section 32(1) is amended by striking out "single-service"
and substituting "single-use".
Section 34 is amended
(
a) in subsection (1) by striking out "and manure" and
substituting ", manure and other contaminants";
(
b) by repealing subsection (3).
Section 35 is amended by renumbering it as
section
35(1) and by adding the following after subsection (1):
(2) A producer must have posted procedures for the milking
equipment sanitation program and ensure that they are followed.
Section 36 is amended
(
a) by repealing subsection (1) and substituting the
following:
Cleansers
36(1) Detergents and sanitizers used in a dairy barn must not
contaminate the milk or farm-separated cream.
(
b) in subsection (2) by striking out ", sanitizers, pesticides
and other pest control products" and substituting "and
sanitizers".
Section 40(5) is repealed and the following is
substituted:
(5) When a bulk milk grader completely empties a bulk milk tank,
the bulk milk grader must ensure that the tank is rinsed immediately
after it is emptied.
Section 42(1) is amended by adding ", or standards
substantially similar to 3-A Standards approved by the Director," after
"3-A Standards".
Section 46 is amended
(
a) by repealing subsection (1) and substituting the
following:
Testing
46(1) A sample of milk taken for testing must be taken in an
aseptic manner using an approved method and be maintained at
a temperature between 0§C and 4§C, inclusive.
(
b) in subsection (2) by striking out "carried out in a
manner satisfactory to the Director";
(
c) in subsection (3)
(
i) in clause (a)(
i) by striking out "carried out in a
manner satisfactory to the Director";
(ii) by repealing clause (
b) and substituting the
following:
(
b) a person who, for the purpose of an analysis
referred to in clause (a),
(
i) takes samples must take the samples in
accordance with an approved method, or
(ii) identifies or transports samples must identify
or transport the samples in accordance with a
method approved by the Director.
Section 50(6) and (7) are repealed and the following is
substituted:
(6) If, on being tested under
section 71(2), a sample of milk taken
from a compartment of a milk transport vehicle does not meet the
requirements of
Schedule 2 with respect to drug residues, the
processor must ensure that
(
a) a sample of milk taken from the compartment is submitted to
an approved laboratory for confirmation of the results,
(
b) a sample of milk taken from the other compartment of the
milk transport vehicle is submitted to an approved laboratory
for testing, and
(
c) the samples taken under
section 40(3)(
d) of the milk of the
producers whose milk was in the milk transport vehicle are
submitted to an approved laboratory for testing.
Section 51(2) is repealed.
Section 57 is amended
(
a) by renumbering it as
section 57(1);
(
b) in subsection (1)(a)(iii) by striking out "inclined
toward" and substituting "sloped towards";
(
c) by adding the following after subsection (1):
(2) The utility lines within a dairy plant must be located so that
the equipment, dairy products, ingredients and packaging
materials are not contaminated by the lines or as a result of the
location of the lines.
Section 58(5) is repealed and the following is
substituted:
(5) A dairy plant must be equipped with
(
a) a washroom that
(
i) does not lead directly into the dairy product
handling areas, and
(ii) has hot and cold running potable water under
pressure, and soap and single-use towels for
washing and drying hands,
and
(
b) a change area that is separate from the washroom and
the rest of the dairy plant for personnel to change their
work apparel.
28 The following is added after
section 58:
Water samples
58.1 A processor must, as required by the Director, test samples of
water used in the dairy plant and submit the results to the Director.
Section 64(1)(d)(ii) is amended by striking out "7 kPa"
and substituting "14 kPa".
Section 65 is amended by repealing subsections (2) and
(3) and substituting the following:
(2) In the case of batch pasteurization, the cooling referred to in
subsection (1)
(
a) must be accomplished by continuous cooling, and
(
b) must be completed within 2 hours.
(3) All dairy products requiring refrigeration must be kept at a
temperature that is between 0§C and 4§C, inclusive.
31 The heading before
section 68 is amended by striking
out "Employees" and substituting "Personnel".
Section 68 is amended by striking out "workers who work"
and substituting "personnel".
Section 69 is amended
(
a) in subsection (2) by striking out "workers" and
substituting "personnel";
(
b) in subsection (4)
(
i) by striking out "workers" and substituting
"personnel";
(ii) by repealing clause (
c) and substituting the
following:
(
c) change work apparel or take appropriate sanitary
measures before moving from a high potential
cross-contamination area or activity to a lower
potential cross-contamination area or activity,
(iii) by repealing clause (
e) and substituting the
following:
(
e) be able to demonstrate competence in the duties
being performed.
Section 71 is amended
(
a) by adding the following after subsection (1):
(1.1) A processor may reject milk that arrives at the dairy plant
at a temperature higher than 6§C.
(
b) by repealing subsection (2) and substituting the
following:
(2) When milk is delivered to a dairy plant, the processor shall
(
a) ensure that a sample is taken from each compartment in
the milk transport vehicle,
(
b) ensure that the samples taken are not mixed or
combined, and
(
c) separately test each sample taken for drug residues in
accordance with this Regulation.
Section 75 is amended
(
a) by repealing subsection (4) and substituting the
following:
(4) The materials and equipment that come into contact with
dairy products must be cleaned and sanitized
(
a) immediately before use,
(
b) every time they are contaminated, and
(
c) at the end of the dairy plant's daily operations.
(
b) in subsection (5) by striking out "the Canadian Food
Inspection Agency" and substituting "the Director".
Section 76 is amended
(
a) in subsection (1) by striking out "the Canadian Food
Inspection Agency" and substituting "the Director";
(
b) by repealing subsection (2) and substituting the
following:
(2) All cleaning agents, disinfectants, insecticides, pesticides
and other products used to fight pests in a dairy plant must
(
a) be in containers that are labelled to identify their
contents, and
(
b) if stored in the dairy plant, be stored
(
i) away from the dairy products handling area, and
(ii) in an enclosed area, or in a compartment,
designated by the operator.
(
c) by repealing subsection (3).
Section 82 is amended by striking out "January 31, 2020"
and substituting "January 31, 2025".
Schedule 1 is amended by striking out "16 sec."
wherever it occurs and substituting "15 sec.".
Schedule 2 is amended
(
a) by striking out "1øC to 4øC" and substituting "Between
0øC and 4øC, inclusive,";
(
b) by striking out "Maximum 50 000 total living mesophyllic
aerobic bacteria per ml or maximum 121 000 total individual
bacteria per ml" and substituting the following:
Cow's milk: maximum 50 000 total living mesophyllic
aerobic bacteria per ml or maximum 121 000 total individual
bacteria per ml
Goat's milk: maximum 50 000 total living mesophyllic
aerobic bacteria per ml or maximum 321 000 total individual
bacteria per ml
Milk of any other species: maximum 50 000 total living
mesophyllic aerobic bacteria per ml
(
c) by adding the following after "Maximum: -0.525øH for
cow's milk":
Maximum: -0.554øH for goat's milk
--------------------------------
Alberta Regulation 174/2019
Marketing of Agricultural Products Act
ALBERTA PULSE GROWERS MARKETING PLAN
AMENDMENT REGULATION
Filed: December 3, 2019
For information only: Made by the Lieutenant Governor in Council (O.C. 270/2019)
on December 3, 2019 pursuant to
section 23 of the Marketing of Agricultural
Products Act.
1 The Alberta Pulse Growers Marketing Plan Regulation
(AR 120/99) is amended by this Regulation.
Section 1 is amended
(
a) by repealing clause (
i) and substituting the
following:
(i) "dealer" means a person purchasing or acquiring
regulated product from a producer and includes
(
i) elevator companies, grain companies, grain
dealers, grain brokers, processors, feed
manufacturers and livestock feeders, and
(ii) persons who acquire regulated product for sale on
the producer's behalf,
but does not include a person purchasing or acquiring
regulated product from a producer solely for the
person's own use and not for resale;
(
b) by repealing clause (k);
(
c) in clause (
p) by adding the following after
subclause (vii):
(viii) mung beans;
Section 6 is repealed and the following is substituted:
Purposes of Plan
6(1) The purposes of the Plan are to do the following:
(
a) to sponsor, direct and assist in research and development of
all kinds pertaining to the furtherance and development of the
pulse industry in Alberta;
(
b) to provide studies and research and development in
connection with the production and marketing of pulses,
including help to eligible producers and dealers in
implementing proper measures respecting the production,
processing and marketing of pulses;
(
c) to direct and assist in the advertising of and to promote the
consumption of pulses;
(
d) to work with federal and provincial agencies and with any
person to improve the pulse industry;
(
e) where possible, to represent the pulse industry at regional,
national and international meetings;
(
f) to represent the pulse industry at public hearings and
inquiries that are of concern to eligible producers;
(
g) to act as an agent on behalf of eligible producers in respect of
matters relating to the Canada Revenue Agency's Scientific
Research and Experimental Development Program as it
applies to pulses;
(
h) to advise governments on matters concerning the pulse
industry;
(
i) to work with any other organization that has similar
objectives to those of the Commission.
(2) Under this Plan neither the production nor the marketing of the
regulated product is to be controlled or regulated.
Section 8 is amended by adding the following after
clause (j):
(
k) may be authorized, in accordance with
section 50 of the Act,
to perform any function or duty and exercise any power
imposed or conferred on the Commission by or under the
Agricultural Marketing Programs Act (Canada).
Section 10(
b) is repealed and the following is
substituted:
(
b) the service charges are to be collected by the dealer if the
product is being purchased or acquired by a dealer;
(b.1) the service charges are to be collected directly from the
producer if the product is purchased or acquired by a person
who is not a dealer;
Section 11 is amended
(
a) in subsection (1)
(
i) in clause (
a) by striking out "who is a resident of
Alberta";
(ii) in clause (b)(ii)
(
A) in paragraph (
B) by striking out "mailing
address and telephone number" and
substituting "mailing address, telephone
number, email address if available and producer
identification number if available";
(
B) in paragraph (
C) by adding "if the service
charges are collected by the dealer," before "a
copy of";
(
C) by adding the following after paragraph
(C):
(C.1) if the service charges are collected directly
from the producer, a letter stating the quantity
of product sold, the total sale price and the
amount of the service charge paid by the
producer, or other documentation containing
the same information,
(
D) by adding the following after paragraph
(D):
(
E) any other information in respect of the refund
that is requested by the Commission;
(iii) by adding the following after clause (e):
(
f) notwithstanding clause (d), the Commission may,
if it is satisfied that extenuating circumstances
exist that warrant its doing so, consider an
application for a refund that is received after the
applicable time period referred to in clause (c).
(
b) in subsection (3) by striking out "90 days" and
substituting "120 days".
Section 12.1 is repealed.
Section 15 is amended
(
a) by renumbering
section 15 as
section 15(1);
(
b) by adding the following after subsection (1):
(2) In determining a quorum, vacant director positions on the
board of directors shall not be considered.
Section 27(3) is amended by striking out "may, by
resolution, determine" and substituting "may determine".
Section 29(
b) is amended by striking out "10" and
substituting "8".
Section 30 is amended
(
a) in subsection (1)
(
i) by adding "and" at the end of clause (a);
(ii) by repealing clause (b);
(
b) by repealing subsection (5).
Section 35(2) is amended by striking out "180 days" and
substituting "210 days".
Section 42 is amended
(
a) in subsection (1) by striking out "Subject to subsection
(2), the" and substituting "The";
(
b) by repealing subsection (2).
14 The heading of
Part 4 is repealed and the following is
substituted:
Part 4
Review and Repeal
Section 45 is repealed.
Section 46 is amended by striking out "June 30, 2019"
and substituting "June 30, 2024".
Alberta Regulation 175/2019
Condominium Property Act
CONDOMINIUM PROPERTY AMENDMENT
(CORRECTION) AMENDMENT REGULATION
Filed: December 3, 2019
For information only: Made by the Lieutenant Governor in Council (O.C. 271/2019)
on December 3, 2019 pursuant to
section 81 of the Condominium Property Act.
1 The Condominium Property Amendment Regulation
(AR 154/2019) is amended by this Regulation.
Section 22 is amended by striking out "section 42" and
substituting "section 43".
--------------------------------
Alberta Regulation 176/2019
Post-secondary Learning Act
GRADUATE STUDENTS ASSOCIATION MODEL BYLAW
PROVISIONS REPEAL REGULATION
Filed: December 3, 2019
For information only: Made by the Lieutenant Governor in Council (O.C. 278/2019)
on December 3, 2019 pursuant to
section 124 of the Post-secondary Learning Act.
1 The Graduate Students Association Model Bylaw
Provisions Regulation (AR 92/2018) is repealed.
--------------------------------
Alberta Regulation 177/2019
Oil and Gas Conservation Act
Oil Sands Conservation Act
Responsible Energy Development Act
CURTAILMENT RULES AMENDMENT REGULATION
Filed: December 3, 2019
For information only: Made by the Lieutenant Governor in Council (O.C. 279/2019)
on December 3, 2019 pursuant to
section 10 of the Oil and Gas Conservation Act,
section 20 of the Oil Sands Conservation Act and
section 68 of the Responsible
Energy Development Act.
1 The Curtailment Rules (AR 214/2018) are amended by
this Regulation.
Section 1 is amended by adding the following after
clause (d):
(d.01) "oil sands deposit" means an oil sands strata as defined in the
Oil Sands Conservation Rules (AR 76/88) or any other oil
sands deposit designated by the Regulator under
section 7(3)
of the Oil Sands Conservation Act;
Section 3 is amended by adding the following:
(3) These Rules do not apply in respect of crude oil produced from a
well with a spud date of November 8, 2019 or later if the well is
located outside an oil sands deposit.
--------------------------------
Alberta Regulation 178/2019
Judgment Interest Act
JUDGMENT INTEREST AMENDMENT REGULATION
Filed: December 3, 2019
For information only: Made by the Lieutenant Governor in Council (O.C. 281/2019)
on December 3, 2019 pursuant to
section 4 of the Judgment Interest Act.
1 The Judgment Interest Regulation (AR 215/2011) is
amended by this Regulation.
Section 1 is amended by adding the following after
clause (aa):
(bb) the interest rate from January 1, 2020 to December 31, 2020
is prescribed at 1.5% per year.
Alberta Regulation 179/2019
Provincial Court Act
Court of Queen's Bench Act
PROVINCIAL COURT JUDGES AND MASTERS IN CHAMBERS
COMPENSATION (2017-2021) AMENDMENT REGULATION
Filed: December 3, 2019
For information only: Made by the Lieutenant Governor in Council (O.C. 283/2019)
on December 3, 2019 pursuant to
section 9.52 of the Provincial Court Act and
section
16 of the Court of Queen's Bench Act.
1 The Provincial Court Judges and Masters in Chambers
Compensation Regulation (AR 176/98) is amended by this
Regulation.
Section 0.1(
e) is amended by striking out "sections 1(3) and
(4) and 9" and substituting "section 9".
Section 1(2), (3), (4) and (5) are repealed and the
following is substituted:
(2) For the period from the beginning of April 2017 to the end of
March 2021, the annual salary to be paid to judges who are
appointed on a full-time basis is $293
Section 1.01 is repealed and the following is substituted:
Salaries for administrative judges
1.01 For the period from the beginning of April 2017 to the end of
March 2021, the annual salaries to be paid to the administrative
judges are to be calculated by multiplying the annual salary of a full-
time judge under
section 1 by the following appropriate multiple:
(a) 1.1 for the Chief Judge;
(b) 1.075 for the Deputy Chief Judge;
(c) 1.05 for an Assistant Chief Judge.
Section 2(1) is amended
(
a) by striking out "from the beginning of April 2013 to the
end of March 2017" and substituting "from the beginning
of April 2017 to the end of March 2021";
(
b) by striking out "for the relevant year".
Section 4.1 is amended
(
a) by repealing subsection (3) and substituting the
following:
(3) The amount of the allowance referred to in subsections
(1) and (2), for the period from the beginning of April 2017 to the
end of March 2021, is up to a maximum of $4500 per year.
(
b) by repealing subsection (6) and substituting the
following:
(6) The amount of the allowance over $3750 up to the maximum
amount under subsection (3) per year, for the period from the
beginning of April 2017 to the end of March 2019, may be used
for the payment of expenditures covered by subsection (1) or
(2) that have been incurred during the period from the beginning of
April 2017 to the date determined by the Chief Judge or the
Chief Justice of the Court of Queen's Bench, as applicable.
7 This Regulation is deemed to have come into force on
April 1, 2017.
--------------------------------
Alberta Regulation 180/2019
Public Health Act
WAIVER AMENDMENT REGULATION
Filed: December 3, 2019
For information only: Made by the Lieutenant Governor in Council (O.C. 287/2019)
on December 3, 2019 pursuant to
section 66 of the Public Health Act.
1 The Waiver Regulation (AR 298/2003) is amended by this
Regulation.
Section 1(1) is amended
(
a) by repealing clause (
e) and substituting the
following:
(
e) the Personal Services Regulation;
(
b) by repealing clause (
g) and substituting the
following:
(
g) the Public Swimming Pools Regulation (AR 204/2014)
except sections 10 and 13(1) and (2);
--------------------------------
Alberta Regulation 181/2019
Employment Standards Code
EMPLOYMENT STANDARDS (BUDGET IMPLEMENTATION)
AMENDMENT REGULATION
Filed: December 5, 2019
For information only: Made by the Lieutenant Governor in Council (O.C. 292/2019)
on December 5, 2019 pursuant to
section 138 of the Employment Standards Code.
1 The Employment Standards Regulation (AR 14/97) is
amended by this Regulation.
Section 1 is amended by renumbering it as
section 1(1)
and adding the following after subsection (1):
(2) For the purpose of restricting the meaning of "employee" in
section 1(1) of the Act, an individual who is an amateur athlete
engaged in activities directly or indirectly related to the individual's
athletic endeavours is not an employee.
(3) In the Act and this Regulation, "amateur athlete" means an
athlete who is a registered player or registered participant with, or
member of, an amateur athletic association, an amateur sports league
or a development sports league, and includes an individual who is a
player on a Western Hockey League team.
3 The following is added after
section 3:
General holidays, general holiday pay, vacation
and vacation pay exemptions
3.1(1) In this
section and
section 3.2, "teacher" means a teacher as
defined in the Education Act who is employed, in a position that
requires the employee to hold a certificate of qualification as a
teacher issued under that Act, by
(
a) a board as defined in the Education Act,
(
b) a Francophone regional authority as defined in the Education
Act,
(
c) the person responsible for the operation of a private school
accredited under the Education Act,
(
d) the operator of a charter school established under the
Education Act, or
(
e) the board as defined in the Northland School Division Act.
(2) Part 2, Divisions 5 and 6 of the Act (relating to general holidays,
general holiday pay, vacations and vacation pay) do not apply to an
employee who is a teacher or to the teacher's employer while acting
in the capacity of employer.
Transitional
3.2(1) Subject to subsection (2),
section 3.1 does not apply in
respect of a teacher who, on the date this
section comes into force,
(
a) is not bound by a collective agreement entered into under the
Public Education Collective Bargaining Act, and
(
b) is a party to a collective agreement or an employment
contract that provides specific entitlements to general holiday
pay or vacation pay, or both, under the Employment
Standards Code
to the extent that the collective agreement or employment contract
provides for the specific entitlements.
(2) Section 3.1 applies in respect of a teacher referred to in
subsection (1)
(
a) in the case of a collective agreement referred to in subsection
(1)(b), the date the collective agreement expires,
(
b) in the case of an employment contract referred to in
subsection (1)(
b) that has an expiry date, the date the
employment contract expires, or
(
c) in the case of an employment contract referred to in
subsection (1)(
b) that does not have an expiry date, 2 years
after the date this
section comes into force.
4 This Regulation comes into force on January 1, 2020.
Alberta Regulation 182/2019
Various Acts
FARM FREEDOM AND SAFETY REGULATIONS
AMENDMENT REGULATION
Filed: December 5, 2019
For information only: Made by the Lieutenant Governor in Council (O.C. 293/2019)
on December 5, 2019 pursuant to
section 4 of the Farm Freedom and Safety Act and
Various Acts.
1(1) The Employment Standards Regulation (AR 14/97) is
amended by this section.
(2) Section 1.1 is repealed and the following is substituted:
Farm or ranch employee exemptions
1.1(1) For the purpose of
section 2.1(4) of the Act, an operation that
produces cannabis within the meaning of the Cannabis Act (Canada)
in a greenhouse does not constitute a "farming or ranching
operation".
(2) For the purpose of
section 2.1(4)(
c) of the Act, an operation that
produces cultured fish within the meaning of the Fisheries (Alberta)
Act is specified as a "primary agricultural operation".
(3) Section 11(1) is amended by striking out "sections 51.2(3)"
and substituting "sections 51.3(3)"
(4) Sections 51.1 and 51.2 are amended by renumbering
them as sections 51.2 and 51.3.
(5) The following is added before
section 51.2:
Application of
Part
51.1 This Part does not apply to employees and employers to
which
section 2.1(1) of the Act applies.
(6) This
section comes into force on January 31, 2020.
2(1) The Farming and Ranching Exemption Regulation
(AR 27/95) is amended by this section.
(2) Section 1 is amended by striking out "section 1(s)" and
substituting "section 1(hh)(i)".
(3) Section 2(1) is amended by striking out "section 1(s)(
i) and
(bb)" and substituting "section 1(hh)(
i) and (aaa)(ii)".
(4) This
section comes into force on January 31, 2020.
3(1) The Occupational Health and Safety Code (AR 87/2009)
is amended by this section.
(2) Section 1.1 is repealed and the following is substituted:
Farming and ranching operations
1.1(1) Subject to subsection (2) and except as expressly provided in
this Code, this Code does not apply to the following farming and
ranching operations:
(
a) the production of crops, including fruits and vegetables,
through the cultivation of land;
(
b) the raising and maintenance of animals or birds;
(
c) the keeping of bees.
(2) For greater certainty, the following are not farming and ranching
operations:
(
a) the processing of food or other products from the operations
referred to in subsection (1);
(
b) the operation of greenhouses, mushroom farms, nurseries or
sod farms;
(
c) landscaping;
(
d) the raising or boarding of pets.
(3) The following provisions are repealed:
section 12.1;
section 13(3);
section 62(1.1);
section 121(3);
section 122(4);
section 123(4);
section 130(7);
section 159(1.1);
section 217(3);
section 256(4);
section 257.1;
section 260(6);
section 270(4);
section 270.1;
section 276.1;
section 278(1.1) and (1.2);
section 326(8);
section 357(6) and (7);
section 364.1;
section 527.1.
(4) This
section comes into force on January 31, 2020.
4(1) The Occupational Health and Safety Regulation
(AR 62/2003) is amended by this section.
(2) The following is added after
section 1:
Farming and ranching operations
1.1(1) Subject to subsection (2) and except as expressly provided in
this Regulation, this Regulation does not apply to the following
farming and ranching operations:
(
a) the production of crops, including fruits and vegetables,
through the cultivation of land;
(
b) the raising and maintenance of animals or birds;
(
c) the keeping of bees.
(2) For greater certainty, the following are not farming and ranching
operations:
(
a) the processing of food or other products from the operations
referred to in subsection (1);
(
b) the operation of greenhouses, mushroom farms, nurseries or
sod farms;
(
c) landscaping;
(
d) the raising or boarding of pets.
(3) This
section comes into force on January 31, 2020.
5(1) The Workers' Compensation Regulation (AR 325/2002)
is amended by this section.
(2) Section 3(1)(
d) is repealed and the following is
substituted:
(
d) persons in an industry listed in
Schedule D.
(3) This
section comes into force on January 31, 2020.
Alberta Regulation 183/2019
Public Service Employee Relations Act
PUBLIC SERVICE EMPLOYEE RELATIONS REGULATION
Filed: December 5, 2019
For information only: Made by the Lieutenant Governor in Council (O.C. 294/2019)
on December 5, 2019 pursuant to
section 12 of the Public Service Employee
Relations Act.
Application of
section 12(1)(e.1) of the Act
1 For the purposes of
section 12(1.1) of the Act,
section 12(1)(e.1) of
the Act applies in respect of a person employed by the Crown in right
of Alberta as of January 1, 2020.
--------------------------------
Alberta Regulation 184/2019
Agricultural Operation Practices Act
AGRICULTURAL OPERATIONS,
PART 0.1 AND
PART 1 MATTERS REGULATION
Filed: December 5, 2019
For information only: Made by the Lieutenant Governor in Council (O.C. 295/2019)
on December 5, 2019 pursuant to
section 1.4 of the Agricultural Operation Practices
Act.
Private insurance
1 For the purpose of
section 1.2 of the Act, "private insurance" means
a contract of insurance issued by an insurer licensed under the
Insurance Act to carry on the business of insurance in Alberta that
provides coverage for workers in case of
(
a) disability, including bodily injury or sickness, and
(
b) accidental death and dismemberment.
2 This Regulation comes into force on January 31, 2020.
Alberta Regulation 185/2019
Animal Health Act
BIOSECURITY REGULATION
Filed: December 5, 2019
For information only: Made by the Lieutenant Governor in Council (O.C. 296/2019)
on December 5, 2019 pursuant to
section 69 of the Animal Health Act.
Table of Contents
Interpretation
2 Prohibitions
3 Notice
4 Offences and penalties
5 Compensation for biosecurity breach
6 Civil remedies and liability unaffected
Interpretation
1(1) In this Regulation,
(a) "biosecurity area" means the premises and the immediate
area around the premises where one or more livestock or
other animals are being, have recently been or will
imminently be kept segregated from other animals or from
human beings;
(b) "livestock" means the following animals in captivity:
(
i) alpacas;
(ii) asses;
(iii) beef cattle;
(iv) bees;
(
v) bison;
(vi) cervids;
(vii) dairy cattle;
(viii) donkeys;
(ix) doves;
(
x) ducks;
(xi) fish acquired, propagated, reared or kept in accordance
with a class A commercial fish culture licence or a class
B commercial fish culture licence issued under the
Fisheries (Alberta) Act;
(xii) fur-bearing animals as defined in the Fur Farms Act;
(xiii) geese;
(xiv) goats;
(xv) guinea fowl;
(xvi) horses;
(xvii) llamas;
(xviii) mules;
(xix) peafowl;
(xx) pheasants;
(xxi) pigeons;
(xxii) poultry;
(xxiii) quail;
(xxiv) rabbits raised for the production of meat;
(xxv) ratites;
(xxvi) sheep;
(xxvii) swine;
(xxviii) wild boars;
(xxix) yaks;
(c) "premises" means lands and structures, or either of them, and
includes vehicles and trailers.
(2) For the purpose of this Regulation, a person is deemed to enter a
biosecurity area
(
a) when the person places any part of the person's body within
the biosecurity area,
(
b) when the person intentionally places any material or
substance within the biosecurity area, or
(
c) when the person gives or feeds any material or substance to
an animal being kept in the biosecurity areas.
Prohibitions
2(1) No person shall enter a biosecurity area in which any livestock
are being, have recently been or will imminently be kept without the
express authorization of
(
a) if livestock are being kept in the biosecurity area, the person
having custody or care and control of the livestock, and
(
b) if livestock have recently been or will imminently be kept in
the biosecurity area, the person having custody or care and
control of the biosecurity area.
(2) Where entry is prohibited by notice to that effect, no person shall
enter a biosecurity area in which one or more animals other than
livestock are being, have recently been or will imminently be kept
without the express authorization of
(
a) if one or more animals are being kept in the biosecurity area,
the person having custody or care and control of the animals,
and
(
b) if animals have recently been or will imminently be kept in
the biosecurity area, the person having custody or care and
control of the biosecurity area.
(3) No person shall fail to leave a biosecurity area in which any
livestock or other animals are being, have recently been or will
imminently be kept immediately after being directed to do so by
(
a) if any livestock or other animals are being kept in the
biosecurity area, the person having custody or care and
control of the livestock or other animals, and
(
b) if any livestock or other animals have recently been or will
imminently be kept in the biosecurity area, the person having
custody or care and control of the biosecurity area.
(4) No person shall aid, counsel, or direct another person to enter a
biosecurity area in contravention of subsection (1) or (2) or to fail to
leave a biosecurity area in contravention of subsection (3).
(5) For the purpose of this section, a person who obtains by false
pretences express authorization to enter a biosecurity area from the
owner of the biosecurity area, or from the owner of any livestock or
other animal being kept in the biosecurity area, is deemed to have
entered the biosecurity area without express authorization.
(6) Subsections (1), (2), (3) and (4) do not apply in respect of the entry
to a biosecurity area by a person authorized by or under an enactment
of Alberta or of Canada to enter premises or inspect animals.
(7) For greater certainty, this
section applies in respect of the entry to
or failure to leave a biosecurity area irrespective of whether, at the time
of entry or failure to leave, any livestock or other animals are being
kept in the biosecurity area.
Notice
3(1) For the purposes of
section 2(2), notice may be given
(
a) orally,
(
b) in writing, or
(
c) by posters or signboards visibly displayed at all places where
normal access is obtained to the biosecurity area.
(2) Substantial compliance with subsection (1)(a), (
b) or (
c) is
sufficient notice.
(3) No person shall tear down, remove, damage, deface or cover up a
poster or signboard referred to in subsection (1)(c).
Offences and penalties
4(1) A person who contravenes
section 2(1), (2), (3) or (4) is guilty of
an offence and liable
(
a) in the case of an individual,
(
i) for a first offence, to a fine of not more than $15 000
and, in the case of a continuing offence, to a further fine
of not more than $1000 for each day or part of a day
during which the offence continues after the first day,
and
(ii) for a 2nd or subsequent offence,
(
A) to a fine of not more than $30 000 and, in the case
of a continuing offence, to a further fine of not
more than $2000 for each day or part of a day
during which the offence continues after the first
day, or
(
B) to imprisonment for a term not exceeding one year,
or to both fines and imprisonment,
and
(
b) in the case of a corporation, to a fine of not more than $200
000 and, in the case of a continuing offence, to a further fine
of not more than $15 000 for each day or part of a day during
which the offence continues after the first day.
(2) A person who contravenes
section 3(3) is guilty of an offence and
liable to a fine of not more than $2000.
(3) In a prosecution for an offence under this Regulation, it is
sufficient proof of the offence to establish that it was committed by an
employee or agent of the accused, whether or not the employee or
agent is identified or has been prosecuted for or convicted of the
offence, unless the accused establishes that the offence was committed
without the accused's knowledge and that the accused exercised all
due diligence to prevent its commission.
(4) Where a corporation commits an offence under this Regulation,
any officer, director or agent of the corporation who directed,
authorized, assented to, acquiesced in or participated in the
commission of the offence is guilty of that offence and liable to the
penalty provided for the offence, whether or not the corporation has
been prosecuted for or convicted of that offence.
(5) A prosecution for an offence under this Regulation may be
commenced within 2 years of the discovery of the commission of the
alleged offence but not afterwards.
Compensation for biosecurity breach
5(1) A justice who convicts a defendant of an offence under
section
2(1), (2), (3) or (4) may, on the application of a person aggrieved, at
the time sentence is imposed, order the defendant to pay to the
applicant an amount of not more than $100 000 as compensation
(
a) for loss of or damage to property suffered by the applicant
relating to the act for which the defendant was convicted, and
(
b) for any reasonable costs incurred by the applicant in carrying
out remedial or preventative action to protect the health of
any animal affected by the act for which the defendant was
convicted or to restore the integrity of the biosecurity area
affected by the act for which the defendant was convicted,
where the amount is readily ascertainable.
(2) If an amount that is ordered to be paid under subsection (1) is not
paid within the time ordered by the justice, the applicant may, by filing
the order, enter as a judgment in the Court of Queen's Bench the
amount ordered to be paid, and that judgment is enforceable against
the defendant in the same manner as if it were a judgment rendered
against the defendant in the Court of Queen's Bench in civil
proceedings.
Civil remedies and liability unaffected
6 Nothing in this Regulation affects any civil remedy for
an act by
reason only that the act is an offence under
section 2(1), (2), (3) or
(4) or gives rise to a civil remedy under
section 5, and nothing in this
Regulation shall be construed so as to repeal, reduce or remove any
remedy available to any person under common law or under any other
enactment of Alberta or of Canada.
--------------------------------
Alberta Regulation 186/2019
Investing in a Diversified Alberta Economy Act
INVESTING IN A DIVERSIFIED ALBERTA ECONOMY ACT
(BUDGET IMPLEMENTATION) AMENDMENT REGULATION
Filed: December 5, 2019
For information only: Made by the Lieutenant Governor in Council (O.C. 297/2019)
on December 5, 2019 pursuant to
section 55 of the Investing in a Diversified Alberta
Economy Act.
1(1) The Community Economic Development Corporation
Tax Credits Regulation (AR 113/2018) is amended by this
section.
(2) Section 11 of the
Schedule is amended by adding the
following after subsection (3):
(4) Notwithstanding anything in this Act, the Minister shall not
grant approval on or after October 24, 2019 to a community
economic development corporation to raise equity capital,
irrespective of when the community economic development
corporation applied for approval.
(3) Section 21 of the
Schedule is amended by adding the
following after subsection (9):
(10) Notwithstanding anything in this Act, a tax credit certificate
respecting equity capital raised after December 31, 2019 must not be
applied for or issued under this section.
2(1) The Alberta Investor Tax Credits Regulation (AR 203/2016)
is amended by this section.
(2) Section 12(1) is amended by striking out "sections 11(c),"
and substituting "sections 11(1)(c),".
3 This Regulation has effect on and after October 24, 2019.
--------------------------------
Alberta Regulation 187/2019
Municipal Government Act
CITY CHARTERS, 2018 (CALGARY AND EDMONTON)
AMENDMENT REGULATION
Filed: December 5, 2019
For information only: Made by the Lieutenant Governor in Council (O.C. 298/2019)
on December 5, 2019 pursuant to
section 141.3 of the Municipal Government Act.
1(1) The City of Calgary Charter, 2018 Regulation
(AR 40/2018) is amended by this section.
(2) Section 4 is amended
(
a) by repealing subsections (5)(a), (13) and (15);
(
b) in subsection (19) in the new
section 325.1 by
striking out "section 297, 313 or 316.2" and
substituting "section 316.2";
(
c) by repealing subsections (22), (26) and (29);
(
d) in subsection (35.1) in the modified
section 648(2)
by striking out "School Act" and substituting
"Education Act";
(
e) by repealing subsection (37);
(
f) in subsection (37.1) in the new
section 670.01(3) by
striking out "School Act" and substituting "Education
Act".
(3) Section 7 is amended
(
a) by adding the following after subsection (1):
(1.1) In the Education Act,
(a)
section 1(1)(n.2) does not apply to the City;
(
b) the following is added after
section 53:
Joint use and planning agreements
53.01(1) In this section,
(a) "joint use and planning agreement" means an
agreement under
section 670.01 of the Municipal
Government Act, as added to that Act by the City
of Calgary Charter, 2018 Regulation
(AR 40/2018) pursuant to
section 141.5(3) of that
Act;
(b) "municipal reserve", "municipal and school
reserve" and "school reserve" have the meanings
given to them in
section 616 of the Municipal
Government Act.
(2) Where on the coming into force of this
section a board
is operating within the municipal boundaries of the City,
the board must, within 3 years after this
section comes into
force, or if the Minister extends that period under
subsection (4), within the extended period, enter into a joint
use and planning agreement with the City.
(3) Where after the coming into force of this
section a
board commences operating within the municipal
boundaries of the City, the board must, within 3 years after
it commences operating in the City, or if the Minister
extends that period under subsection (4), within the
extended period, enter into a joint use and planning
agreement with the City.
(4) The Minister may extend the 3-year period under
subsection (2) or (3) in respect of all boards or one or more
specified boards.
(5) More than one board may be a party to a joint use and
planning agreement.
(6) A joint use and planning agreement may be amended
from time to time as the parties consider necessary or
advisable.
(
c) section 53.1 does not apply to the City.
(
b) by repealing subsection (3).
2(1) The City of Edmonton Charter, 2018 Regulation
(AR 39/2018) is amended by this section.
(2) Section 4 is amended
(
a) by repealing subsections (5)(a), (13) and (15);
(
b) in subsection (19) in the new
section 325.1 by
striking out "section 297, 313 or 316.2" and
substituting "section 316.2";
(
c) by repealing subsections (22), (26) and (29);
(
d) in subsection (35.1) in the modified
section 648(2)
by striking out "School Act" and substituting
"Education Act";
(
e) by repealing subsection (37);
(
f) in subsection (37.1) in the new
section 670.01(3) by
striking out "School Act" and substituting "Education
Act".
(3) Section 7 is amended
(
a) by adding the following after subsection (1):
(1.1) In the Education Act,
(a)
section 1(1)(n.2) does not apply to the City;
(
b) the following is added after
section 53:
Joint use and planning agreements
53.01(1) In this section,
(a) "joint use and planning agreement" means an
agreement under
section 670.01 of the Municipal
Government Act, as added to that Act by the City
of Edmonton Charter, 2018 Regulation
(AR 39/2018) pursuant to
section 141.5(3) of that
Act;
(b) "municipal reserve", "municipal and school
reserve" and "school reserve" have the meanings
given to them in
section 616 of the Municipal
Government Act.
(2) Where on the coming into force of this
section a board
is operating within the municipal boundaries of the City,
the board must, within 3 years after this
section comes into
force, or if the Minister extends that period under
subsection (4), within the extended period, enter into a joint
use and planning agreement with the City.
(3) Where after the coming into force of this
section a
board commences operating within the municipal
boundaries of the City, the board must, within 3 years after
it commences operating in the City, or if the Minister
extends that period under subsection (4), within the
extended period, enter into a joint use and planning
agreement with the City.
(4) The Minister may extend the 3-year period under
subsection (2) or (3) in respect of all boards or one or more
specified boards.
(5) More than one board may be a party to a joint use and
planning agreement.
(6) An agreement may be amended from time to time as
the parties consider necessary or advisable.
(
c) section 53.1 does not apply to the City.
(
b) by repealing subsection (3).
3(1) In this section,
(a) "Calgary Charter Regulation" means the City of
Calgary Charter, 2018 Regulation (AR 40/2018);
(b) "Edmonton Charter Regulation" means the City of
Edmonton Charter, 2018 Regulation (AR 39/2018).
(2) Subject to subsections (3) and (4), this Regulation has
effect on January 1, 2020.
(3) The following provisions have effect on September 1,
2019:
(a)
section 1(1), (2)(
d) and (f);
(b)
section 1(3), to the extent it adds the new
section
7(1.1)(
b) to the Calgary Charter Regulation;
(c)
section 2(1), (2)(
d) and (f);
(d)
section 2(3), to the extent it adds the new
section
7(1.1)(
b) to the Edmonton Charter Regulation.
(4) The following provisions have effect on the coming into
force of
section 2(2) and (3) of the Bill to enact the Red Tape
Reduction Implementation Act, 2019:
(a)
section 1(3), to the extent it adds the new
section
7(1.1)(
a) and (
c) to the Calgary Charter Regulation;
(b)
section 2(3), to the extent it adds the new
section
7(1.1)(
a) and (
c) to the Edmonton Charter
Regulation.
--------------------------------
Alberta Regulation 188/2019
Municipal Government Act
INTERMUNICIPAL COLLABORATION FRAMEWORK
REPEAL REGULATION
Filed: December 5, 2019
For information only: Made by the Lieutenant Governor in Council (O.C. 299/2019)
on December 5, 2019 pursuant to
section 708.52 of the Municipal Government Act.
1 The Intermunicipal Collaboration Framework Regulation
(AR 191/2017) is repealed effective January 1, 2020.
--------------------------------
Alberta Regulation 189/2019
Public Transit and Green Infrastructure Project Act
GENERAL REGULATION
Filed: December 5, 2019
For information only: Made by the Lieutenant Governor in Council (O.C. 300/2019)
on December 5, 2019 pursuant to sections 5 and 6 of the Public Transit and Green
Infrastructure Project Act.
Amendment to grant agreement
1 The grant agreement is amended in
Schedule E under the heading
"Alberta's Contribution" by striking out clause a) and substituting
the following:
a) Alberta will provide a grant from the General Revenue Fund
towards 40% of the Eligible Expenditures to the maximum of
$1,530,000,000 CDN to be paid as follows:
ALBERTA
2018-19
2019-20
2020-21
2021-22
$25,000,000
2022-23
$50,000,000
2023-24
$291,000,000
2024-25
$291,000,000
2025-26
$291,000,000
2026-27
$291,000,000
2027-28
$291,000,000
Total
$1,530,000,000
Funding agreement with City of Edmonton
2 For the purposes of a future funding agreement entered into
between the Crown and the City of Edmonton, the Crown will provide
a grant from the General Revenue Fund to a maximum of
$1 470 000 000 to be paid as follows:
ALBERTA
2018-19
2019-20
2020-21
2021-22
2022-23
2023-24
$294,000,000
2024-25
$294,000,000
2025-26
$294,000,000
2026-27
$294,000,000
2027-28
$294,000,000
Total
$1,470,000,000
Expiry
3 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, 2028.
Coming into force
4 This Regulation comes into force on the coming into force of the
Public Transit and Green Infrastructure Project Act.
--------------------------------
Alberta Regulation 190/2019
Post-secondary Learning Act
TUITION AND FEES AMENDMENT REGULATION
Filed: December 5, 2019
For information only: Made by the Lieutenant Governor in Council (O.C. 301/2019)
on December 5, 2019 pursuant to
section 124 of the Post-secondary Learning Act.
1 The Tuition and Fees Regulation (AR 228/2018) is
amended by this Regulation.
Section 1 is amended
(
a) in subsection (1)
(
i) by repealing clause (
d) and substituting the
following:
(d) "approved program" means a program approved
by the Minister under the Programs of Study
Regulation (AR 91/2009) or for the purposes of
section 1(1)(
m) of the Student Financial
Assistance Act;
(ii) in clause (
e) by striking out "approved program of
study" and substituting "approved program";
(iii) by repealing clauses (
f) and (g);
(vi) in clauses (
j) and (
k) by striking out "approved
program of study" and substituting "approved
program";
(
b) in subsection (2)
(
i) in clause (
f) by striking out "approved program of
study" and substituting "approved program";
(ii) in clause (h)(i)
(
A) by striking out "approved programs of study"
and substituting "approved programs";
(
B) by repealing paragraph (E).
Section 5 is amended
(
a) in subsections (1) and (2) by striking out "approved
program of study" wherever it occurs and substituting
"approved program";
(
b) by repealing subsections (3) and (4) and
substituting the following:
(3) A board may submit an application in writing, no more
frequently than every 5 years, requesting that the Minister
approve an exceptional tuition fee increase in respect of an
approved program.
(4) The board must consult with the students' council before
making an application referred to in subsection (3).
Section 7(2) is repealed.
5 The following is added after
section 11:
Tuition fee increases for the 2020-2021, 2021-2022
and 2022-2023 academic years
11.1 In setting the tuition fees for the 2020-2021, 2021-2022 and
2022-2023 academic years, a board may increase the tuition fees to
be paid by domestic students if the average tuition fee increase per
domestic student does not exceed the product of the average tuition
fees per domestic student in the preceding academic year multiplied
by 7%.
Section 12 is repealed.
7 The following sections are amended by striking out
"approved program of study" wherever it occurs and
substituting "approved program":
section 4(1);
section 10;
section 11.
Alberta Regulation 191/2019
Assured Income for the Severely Handicapped Act
ASSURED INCOME FOR THE SEVERELY HANDICAPPED
GENERAL AMENDMENT REGULATION (NO. 2)
Filed: December 5, 2019
For information only: Made by the Lieutenant Governor in Council (O.C. 302/2019)
on December 5, 2019 pursuant to
section 12 of the Assured Income for the Severely
Handicapped Act.
1 The Assured Income for the Severely Handicapped
General Regulation (AR 91/2007) is amended by this
Regulation.
Section 1(1) is amended by adding the following after
clause (c):
(d) "severe handicap" means an impairment of mental or
physical functioning or both that, in a director's opinion after
considering any relevant medical or psychological reports,
causes substantial limitation in the person's ability to earn a
livelihood and is likely to continue to affect that person
permanently because no remedial therapy is available that
would materially improve the person's ability to earn a
livelihood.
3 The following is added after
section 2:
Eligibility for benefits
2.01(1) Subject to subsection (2), a person is eligible to receive a
benefit if the person satisfies a director that
(
a) the person is a Canadian citizen or permanent resident within
the meaning of the Immigration and Refugee Protection Act
(Canada), is ordinarily resident in Alberta and is 18 years of
age or older,
(
b) the person has a severe handicap,
(
c) the income of the person and the person's cohabiting partner
as determined in accordance with
Schedule 1.1 is less than
the maximum amount of the living allowance plus, if
applicable, the child benefit,
(
d) the value of all assets of the person and the person's
cohabiting partner as determined in accordance with
Schedule 2 is
(i) $100 000 or less, or
(ii) in the case of eligibility for a personal benefit, $5000 or
less, and
(
e) the person meets any additional conditions set out in section
(2) Where the Minister determines that a person is in circumstances
of financial hardship, the Minister may exempt that person from the
requirement of
(a) subsection (1)(c), in the case of eligibility for a health
benefit, and
(b) subsection (1)(d)(ii).
Section 3 is repealed.
Section 4(1) is amended by striking out "section 3.2(1)(
e) of
the Act" and substituting "section 2.01(1)(e)".
6 The following is added before
Schedule 2:
Schedule 1.1
Determination of Income
Total income
1(1) The following constitute income that is included in a
determination of income:
(
a) income reportable under the Income Tax Act (Canada) that is
not exempted under Table 1;
(
b) tax-exempt employment, self-employment or pension income
of a treaty Indian;
(
c) the value of support, as determined by a director, received by
a sponsored immigrant under an agreement under the
Immigration and Refugee Protection Act (Canada);
(
d) trust income, as deemed by a director, payable to a
beneficiary under a trust.
(2) The following are deducted from the related income under
subsection (1) in a determination of income:
(
a) if the income is employment income,
(
i) the deductions allowable under the Income Tax Act
(Canada) for
(
A) income tax,
(
B) Canada Pension Plan (Canada) premiums,
(
C) employment insurance premiums,
(
D) union, professional and like dues, and
(
E) other employment expenses,
and
(ii) any deductions required by an employer as a condition
of the employment;
(
b) if the income is self-employment income, limited or
non-active partnership income or rental income, the
deductions allowable under the Income Tax Act (Canada) for
(
i) determining net income,
(ii) Canada Pension Plan (Canada) contributions, and
(iii) union, professional and like dues;
(
c) if the income is employment insurance income, income tax;
(
d) if the income is tax-exempt employment income of a treaty
Indian,
(
i) the deductions that would have been allowable under
clause (a)(i), had the income been taxable, and
(ii) any deductions allowable under clause (a)(ii);
(
e) if the income is tax-exempt self-employment income of a
treaty Indian, the deductions that would have been allowable
under clause (b), had the income been taxable.
(3) Despite subsection (2), a director is not required to deduct the
following under that subsection:
(
a) any amount referred to in subsection (2)(a)(i), (b), (c), (d)(
i) or (
e) that, in the director's opinion, would not be allowed
under the Income Tax Act (Canada) or that artificially
reduces net income;
(
b) any amount referred to in subsection (2)(a)(ii) or (d)(ii) that
the director is not satisfied is being deducted as a condition
of the employment.
(4) After the items in subsection (2) have been deducted, the following
are deducted from income, subject to subsection (5):
(
a) if the applicant or client does not have a cohabiting partner or
a dependent child,
(
i) in respect of income that is listed in Table 2, the sum of
(A) 100% of the income up to $300, plus
(B) 25% of the remainder,
and
(ii) in respect of self-employment and employment income,
the sum of
(A) 100% of the income up to $1072, plus
(B) 50% of the income in excess of $1072 up to
$2009;
(
b) if the applicant or client has a cohabiting partner or a
dependent child,
(
i) in respect of income that is listed in Table 2 and income
of the cohabiting partner that is listed in Table 3 the sum
(A) 100% of the income up to $875, plus
(B) 25% of the remainder,
and
(ii) in respect of self-employment and employment income,
the sum of
(A) 100% of the income up to $2612, plus
(B) 50% of the income in excess of $2612 up to
$3349.
(5) For the purposes of subsection (4), cohabiting partners who are
both applicants or clients are treated as if
(
a) they did not have a cohabiting partner, and
(
b) only one has, if any, a dependent child.
(6) The remainder of the income is then prorated or applied to a
specific month in accordance with
section 2 of this
Schedule to
determine income for the purposes of
section 2.01(1)(
c) of this
Regulation,
section 2(2)(l)(
i) of
Schedule 2 and
section 6(
b) and (
c) of
Schedule 1 of the Act.
(7) If the hourly minimum wage established under the Employment
Standards Code is increased, the maximum amounts referred to in
subsection (4)(a)(ii) and (b)(ii) must be increased by a percentage,
rounded to 3 decimal places, equal to the percentage increase in the
minimum wage and rounded up to the nearest dollar.
Monthly income
2(1) Self-employment income is determined by taking the previous
year's income and prorating it over 12 months.
(2) Income, excluding self-employment income, is determined, in the
sole discretion of a director, by one of the following methods:
(
a) if income is reported monthly, based on the prior month's
actual income;
(
b) if income is reported other than monthly,
(
i) based on actual monthly income of the prior reporting
period,
(ii) based on the prior reporting period's actual income
prorated over the number of months in that period, or
(iii) a combination of (
i) and (ii).
(3) Despite subsection (1), if, in a director's opinion, there is a
significant change in the present year's self-employment income, the
director may prorate the previous year's self-employment income over
a different period.
(4) Despite subsections (1) and (3), if, in a director's opinion, income
is reported that relates to a different or longer period, the director may
apply or prorate the income to that period.
Table 1
100% Income Exemptions
1 The following income reportable under the Income Tax Act
(Canada) is exempted from the determination of income:
(
a) honoraria;
(
b) death benefits;
(
c) income for the benefit of a dependent child under the
following:
(
i) a child support agreement;
(ii) the Child, Youth and Family Enhancement Act;
(
d) a benefit under this Act;
(
e) a benefit under the Seniors Benefit Act if it is received by a
cohabiting partner;
(
f) RRSP withdrawals;
(f.1) a payment under a registered disability savings plan under
section 146.4 of the Income Tax Act (Canada);
(
g) an award or prize given in recognition of outstanding
academic or community achievement;
(
h) a scholarship, bursary or other form of contribution used for
educational purposes at a school or educational establishment
recognized under the Income Tax Act (Canada);
(
i) an education or training grant, an artist grant or a grant to
start a business;
(
j) money received for home repairs or renovations from the
from a community service organization;
(
k) income exempted by the Minister where
(
i) an applicant or client or his or her cohabiting partner is
residing in a facility, and
(ii) the Minister determines that the inclusion of the income
would create a financial hardship;
Government of Alberta or the government of another
province or territory exempted by the Minister for the
purpose of this clause.
Table 2
Partial Income Exemptions
(
a) limited or non-active partnership income;
(
b) rental income;
(
c) trust income;
(
d) non-pension annuity income;
(
e) investment income.
Table 3
Special Income Exemptions for
Cohabiting Partners
(
a) pension income;
(
b) income under the Workers' Compensation Act;
(
c) income under the Employment Insurance Act (Canada);
(
d) income, other than a death benefit, under the Canada
Pension Plan (Canada).
Schedule 2 is amended
(
a) in
section 2(2) by adding the following after clause
(j):
(
k) an asset held in a trust in which the applicant or client or
the cohabiting partner of the applicant or client has a
beneficial interest;
(
l) money received where that money is
(
i) not income as determined in accordance with
Schedule 1.1, and
(ii) invested within 365 days from the date of receipt
of the money in an asset designated under
section
3 for the purposes of this section.
(
b) in
section 3 by striking out "section 3.3(b)(ii) of the
Act" and substituting "section 2(2)(l)(ii)".
8 This Regulation comes into force on December 31, 2019.
Alberta Regulation 192/2019
Provincial Offences Procedure Act
PROCEDURES (FINE RETENTION) AMENDMENT REGULATION
Filed: December 5, 2019
For information only: Made by the Lieutenant Governor in Council (O.C. 303/2019)
on December 5, 2019 pursuant to
section 42 of the Provincial Offences Procedure Act.
1 The Procedures Regulation (AR 63/2017) is amended by
this Regulation.
Section 8(2) is amended by striking out "26.67%" and
substituting "40%".
3 This Regulation comes into force on April 1, 2020.
--------------------------------
Alberta Regulation 193/2019
Alberta Health Care Insurance Act
ALBERTA HEALTH CARE INSURANCE
AMENDMENT REGULATION (NO. 2)
Filed: December 5, 2019
For information only: Made by the Lieutenant Governor in Council (O.C. 304/2019)
on December 5, 2019 pursuant to
section 16 of the Alberta Health Care Insurance Act.
1 The Alberta Health Care Insurance Regulation
(AR 76/2006) is amended by this Regulation.
Section 12(2)(
l) is repealed and the following is
substituted:
(
l) services provided outside Canada that are available inside
Canada (other than services provided in the case of an
emergency resulting from an acute and unexpected illness,
disease, condition or injury that requires medically required
treatment without delay outside Canada);
3 This Regulation comes into force on April 1, 2020.
Alberta Regulation 194/2019
Alberta Health Care Insurance Act
BLUE CROSS AGREEMENT AMENDMENT REGULATION
Filed: December 5, 2019
For information only: Made by the Lieutenant Governor in Council (O.C. 305/2019)
on December 5, 2019 pursuant to
section 41 of the Alberta Health Care Insurance Act.
1 The Blue Cross Agreement Regulation (AR 77/2006) is
amended by this Regulation.
Section 10 is amended
(
a) by repealing subsection (1) and substituting the
following:
Enrolment of seniors
10(1) If a resident is 65 years of age or older, the Minister shall
enrol the resident as a non-group member of the Alberta Blue
Cross Plan.
(
b) in subsection (2) by striking out ", spouse or adult
interdependent partner" wherever it appears;
(
c) in subsection (3) by striking out ", spouse or adult
interdependent partner who is 65 years of age or older".
Section 11 is repealed.
4 This Regulation comes into force on March 1, 2020.
--------------------------------
Alberta Regulation 195/2019
Health Insurance Premiums Act
HEALTH INSURANCE PREMIUMS AMENDMENT REGULATION
Filed: December 5, 2019
For information only: Made by the Lieutenant Governor in Council (O.C. 306/2019)
on December 5, 2019 pursuant to
section 2 of the Health Insurance Premiums Act.
1 The Health Insurance Premiums Regulation (AR 217/81)
is amended by this Regulation.
Section 3(1) is amended by striking out "7(2), (3) or (4)"
and substituting "7(2) or (3)".
Section 5 is amended
(
a) by renumbering
section 5 as
section 5(1);
(
b) by adding the following after subsection (1):
(2) Despite subsection (1)(b), the monthly premium payable by
a registrant who
(
a) is under 65 years of age and has only one dependant,
who is 65 years of age or over,
(
b) is 65 years of age or over and has only one dependant,
who is under 65 years of age, or
(
c) is 65 years of age or over and has a spouse or adult
interdependent partner who is 65 years of age or over
and only one other dependant, who is under 65 years of
age,
shall be the premium shown in
section 9 of the Schedule.
Section 6(1) is amended by striking out "7(2), (3) or (4)"
and substituting "7(2) or (3)".
5 The following is added after
section 6:
6.1(1) A registrant referred to in
section 5(2) to whom
section 7(2)
or (3) does not apply is eligible to apply in the prescribed form for a
subsidized premium for Alberta Blue Cross non-group membership
in respect of a benefit period.
(2) Notwithstanding subsection (1), a person whose ordinary place
of residence is outside Canada and who is in full-time attendance as
a student at an accredited educational institution in Alberta is not
eligible to apply under subsection (1).
(3) An application for a subsidy may be approved by the Minister
and in the case of a registrant referred to in
section 5(2), the monthly
subsidized premium the registrant is liable to pay is the amount set
out in
section 11 of the
Schedule if the following circumstances
apply:
(
a) if the registrant
(
i) is under 65 years of age and has only one dependant,
who is the registrant's spouse or adult interdependent
partner and is 65 years of age or over, or
(ii) is 65 years of age or over and has only one dependant,
who is the registrant's spouse or adult interdependent
partner and is under 65 years of age
and the combined taxable income of the registrant and the
registrant's spouse or adult interdependent partner for the
preceding taxation year is less than $33 240;
(
b) if the registrant
(
i) is 65 years of age or over and has only one dependant
who is not a spouse or adult interdependent partner and
is under 65 years of age, or
(ii) is 65 years of age or over and has a spouse or adult
interdependent partner who is 65 years of age or over
and only one other dependant who is under 65 years of
age
and the taxable income of the registrant, or the combined
taxable income of the registrant and the registrant's spouse or
adult interdependent partner, where applicable, for the
preceding taxation year is less than $39
Section 8.3 is repealed and the following is substituted:
8.3(1) A registrant is not liable for the payment of premiums for
Alberta Blue Cross Plan non-group membership
(
a) on behalf of the registrant if the registrant is 65 years of
age or over, or
(
b) on behalf of a dependant of the registrant if the
dependant is 65 years of age or over.
(2) This
section is effective with respect to the payment of
premiums as follows:
(
a) on behalf of the registrant
(
i) on the date on which the registration becomes
effective, where at the time of the registration the
registrant is 65 years of age or over,
(ii) on the first day of the first month following the
65th birthday of the registrant, where the birthday
occurs after the effective date of the registration,
and
(iii) on the 65th birthday of the registrant, where the
birthday falls on the first day of a month and
occurs after the effective date of the registration;
(
b) on behalf of a dependant of the registrant
(
i) on the date on which the registration becomes
effective, where at the time of the registration the
dependant is 65 years of age or over,
(ii) on the first day of the first month following the
65th birthday of the dependant, where the birthday
occurs after the effective date of the registration,
and
(iii) on the 65th birthday of the dependant, where the
birthday falls on the first day of a month and
occurs after the effective date of the registration.
Section 13(2) is amended
(
a) in clause (
i) by striking out ", or whose spouse or adult
interdependent partner is 65 years of age or over";
(
b) by repealing clause (j).
Section 30 is amended
(
a) in subsection (1) by striking out "subsections (3) and
(3.1)" and substituting "subsection (3)";
(
b) by repealing subsection (3.1).
9 The
Schedule is amended
(
a) in
section 9 by striking out "5(a)" and substituting
"5(1)(
a) and (2)";
(
b) in
section 10 by striking out "5(b)" and substituting
"5(1)(b)";
(
c) in
section 11 by striking out "Single, as described in
section 6(2)(a)" and substituting "Single or family, as
described in sections 6(2)(
a) and 6.1(3)".
10 This Regulation comes into force on March 1, 2020.
--------------------------------
Alberta Regulation 196/2019
Hospitals Act
HOSPITALIZATION BENEFITS AMENDMENT REGULATION
Filed: December 5, 2019
For information only: Made by the Lieutenant Governor in Council (O.C. 307/2019)
on December 5, 2019 pursuant to
section 43 of the Hospitals Act.
1 The Hospitalization Benefits Regulation (AR 244/90) is
amended by this Regulation.
Section 4(2)(e.1) is repealed and the following is
substituted:
(e.1) services provided by a facility outside of Canada (other than
services provided in the case of an emergency resulting from
an acute and unexpected illness, disease, condition or injury
that requires medically required treatment without delay
outside Canada) without the prior approval of the Minister,
unless the Minister directs otherwise;
3 This Regulation comes into force on April 1, 2020.
Alberta Regulation 197/2019
Environmental Protection and Enhancement Act
Forests Act
FOREST RESOURCES IMPROVEMENT
AMENDMENT REGULATION
Filed: December 5, 2019
For information only: Made by the Lieutenant Governor in Council (O.C. 308/2019)
on December 5, 2019 pursuant to
section 37 of the Environmental Protection and
Enhancement Act and
section 4 of the Forests Act.
1 The Forest Resources Improvement Regulation
(AR 152/97) is amended by this Regulation.
Section 2(1) is amended by striking out "section 37(d)" and
substituting "section 37(1)(d)".
Section 12 is repealed.
--------------------------------
Alberta Regulation 198/2019
Environmental Protection and Enhancement Act
ENVIRONMENTAL PROTECTION AND ENHANCEMENT ACT (BUDGET
IMPLEMENTATION) AMENDMENT REGULATION
Filed: December 5, 2019
For information only: Made by the Lieutenant Governor in Council (O.C. 309/2019)
on December 5, 2019 pursuant to sections 86 and 146 of the Environmental
Protection and Enhancement Act.
1(1) The Environmental Protection and Enhancement
(Miscellaneous) Regulation (AR 118/93) is amended by this
section.
(2) Section 4 is amended
(
a) in subsection (3) by adding "for the purpose of
defraying the costs of any activities carried out by or on
behalf of the Minister under this
section to carry out the
terms of the water management order or enforcement order"
after "forfeited";
(
b) in subsection (4)(
b) by striking out "Environmental
Protection and Enhancement Fund" and substituting
"General Revenue Fund";
(
c) by repealing subsections (5), (6), (7) and (8) and
substituting the following:
(5) Security may be forfeited under subsection (3) and
transferred to the General Revenue Fund under subsection 4(
b) despite the fact that the approval holder may not have actually
received the notice referred to in subsection 4(a).
(6) Where security has been forfeited under subsection (3), the
Minister may, at the Minister's discretion, carry out the terms of
the water management order or enforcement order referred to in
subsection (3) as the Minister considers necessary.
(7) Where the amount required to carry out the terms of the
water management order or enforcement order under subsection
(6) is less than the amount of the forfeited security, the Minister
shall pay the approval holder an amount equivalent to the
difference.
(8) Where the amount required to carry out the terms of the
water management order or enforcement order under subsection
(6) exceeds the amount of the forfeited security, the approval
holder remains liable to the Minister for the difference, which
amount is recoverable by the Minister as a debt due to the
Crown.
(9) Nothing in this
section imposes any obligation on the
Minister to carry out the terms of the water management order or
enforcement order.
(10) Nothing in this
section relieves an approval holder of its
obligation to comply with the terms of an order referred to in
subsection (3).
(3) Section 5.1 is repealed.
2(1) The Waste Control Regulation (AR 192/96) is amended
by this section.
(2) Section 33 is amended
(
a) in subsection (1) by adding "for the purpose of
defraying the costs of any conservation and reclamation
activities carried out by or on behalf of the Minister under
this section" after "forfeited";
(
b) in subsection (2)(
b) by striking out "Environmental
Protection and Enhancement Fund" and substituting
"General Revenue Fund";
(
c) by repealing subsections (3), (4), (5) and (6) and
substituting the following:
(3) Security may be forfeited under subsection (1) and
transferred to the General Revenue Fund under subsection 2(
b) despite the fact that the approval holder or registration holder
may not have actually received the notice referred to in
subsection (2)(a).
(4) Where security has been forfeited under subsection (1), the
Minister may, at the Minister's discretion and as the Minister
considers necessary, carry out the conservation and reclamation
in accordance with the Act, the Regulations, any order referred to
in subsection (1) and any applicable approval or Code of
Practice, as the case may be.
(5) Where the amount required to carry out the conservation and
reclamation under subsection (4) is less than the amount of the
forfeited security, the Minister shall pay to the approval holder or
registration holder an amount equivalent to the difference.
(6) Where the amount required to carry out the conservation and
reclamation under subsection (4) exceeds the amount of the
forfeited security, the approval holder or registration holder
remains liable to the Minister for the difference, which amount is
recoverable by the Minister as a debt due to the Crown.
(7) Nothing in this
section imposes any obligation on the
Minister to carry out conservation and reclamation under
subsection (4).
(8) Nothing in this
section relieves an approval holder or
registration holder of its obligations to undertake conservation or
reclamation in accordance with the Act, the Regulations, any
order referred to in subsection (1) and any applicable approval or
Code of Practice, as the case may be.
3(1) The Conservation and Reclamation Regulation
(AR 115/93) is amended by this section.
(2) Section 24 is amended
(
a) in subsection (1) by adding "for the purpose of
defraying the costs of any conservation or reclamation
activities carried out by or on behalf of the Minister on the
specified land under this section" after "forfeited";
(
b) in subsection (2)(
b) by striking out "Environmental
Protection and Enhancement Fund" and substituting
"General Revenue Fund";
(
c) by repealing subsections (3), (4), (5) and (6) and
substituting the following:
(3) Security may be forfeited under subsection (1) and
transferred to the General Revenue Fund under subsection 2(
b) despite the fact that the operator may not have actually received
the notice referred to in subsection 2(a).
(4) Where security has been forfeited under subsection (1), the
Minister may, at the Minister's discretion, carry out conservation
and reclamation activities on the specified land in accordance
with the Act, the regulations and the order referred to in
subsection (1) as the Minister considers necessary.
(5) Where the amount required to carry out the conservation and
reclamation activities under subsection (4) is less than the
amount of the forfeited security, the Minister shall pay the
operator an amount equivalent to the difference.
(6) Where the amount required to carry out the conservation and
reclamation activities under subsection (4) exceeds the amount of
the forfeited security, the operator remains liable to the Minister
for the difference, which amount is recoverable by the Minister
as a debt due to the Crown.
(7) Nothing in this
section imposes any obligation on the
Minister to carry out conservation and reclamation on the
specified land.
(8) Nothing in this
section relieves an operator of its obligation
to undertake conservation or reclamation on the specified land or
to comply with the terms of an order referred to in subsection
(1).
Alberta Regulation 199/2019
An Act to Cap Regulated Electricity Rates
Electric Utilities Act
RATE REGULATIONS AMENDMENT REGULATION
Filed: December 5, 2019
For information only: Made by the Minister of Energy (M.O. 579/2019) on
November 25, 2019 pursuant to
section 6 of
An Act to Cap Regulated Electricity
Rates and sections 108 and 115 of the Electric Utilities Act.
1(1) The Rate Cap (Board or Council Approved Regulated
Rate Tariffs) Regulation (AR 139/2017) is amended by this
section.
(2) Section 3(4)(a)(ii) is amended by striking out "May 2021"
and substituting "November 2019".
(3) Sections 5(2) and (3) and 8(1) and (2) are amended by
striking out "May 31, 2021" and substituting "November 30,
2019".
2(1) The Rate Cap (City of Medicine Hat) Regulation
(AR 256/2017) is amended by this section.
(2) Section 3(4)(
a) is amended by striking out "May 2021"
and substituting "November 2019".
(3) Sections 5(2) and 8(1) and (2) are amended by striking
out "May 31, 2021" and substituting "November 30, 2019".
3(1) The Rate Cap (Commission Approved Regulated Rate
Tariffs) Regulation (AR 138/2017) is amended by this
section.
(2) Sections 3(2) and 6(1) and (2) are amended by striking
out "May 31, 2021" and substituting "November 30, 2019".
4(1) The Regulated Rate Option Regulation (AR 262/2005) is
amended by this section.
(2) Section 6 is amended
(
a) by repealing subsection (1)(d.1);
(
b) by repealing subsection (3).
(3) This
section comes into force on the repeal of
An Act to
Cap Regulated Electricity Rates.
5 This Regulation, except
section 4, is effective on
November 30, 2019.
--------------------------------
Alberta Regulation 200/2019
Safety Codes Act
AMUSEMENT RIDES STANDARDS AMENDMENT REGULATION
Filed: December 6, 2019
For information only: Made by the Lieutenant Governor in Council (O.C. 310/2019)
on December 6, 2019 pursuant to
section 65 of the Safety Codes Act.
1 The Amusement Rides Standards Regulation
(AR 223/2001) is amended by this Regulation.
Section 2 is repealed and the following is substituted:
Codes and standards
2(1) Except as provided in this section, the ASTM F2783-17,
Standard Practice for Design, Manufacture, Operation, Maintenance,
and Inspection of Amusement Rides and Devices, in Canada,
published by the American Society for Testing and Materials
International is declared in force as amended or replaced from time
to time.
(2) Section 2.4, Standards for Specific Classification of Amusement
Rides and Devices, is not declared in force but the following
standards referenced in
section 2.4 are declared in force as amended
or replaced from time to time:
(
a) ASTM F2374-07a, Standard Practice for Design,
Manufacture, Operation, and Maintenance of Inflatable
Amusement Devices;
(
b) ASTM F2959-18, Standard Practice for Aerial Adventure
Courses, for zip lines only.
Alberta Regulation 201/2019
Reform of Agencies, Boards and Commissions Compensation Act
SALARY RESTRAINT AMENDMENT REGULATION
Filed: December 6, 2019
For information only: Made by the Lieutenant Governor in Council (O.C. 314/2019)
on December 6, 2019 pursuant to sections 5 and 23 of the Reform of Agencies,
Boards and Commissions Compensation Act.
1 The Salary Restraint Regulation (AR 6/2018) is amended
by this Regulation.
Section 1 is amended by repealing clause (
e) and
substituting the following:
(e) "restraint period" means the period April 1, 2018 to March
31, 2020;
Section 8 is amended by striking out "December 31, 2019"
and substituting "March 31, 2020".
--------------------------------
Alberta Regulation 202/2019
Mines and Minerals Act
BITUMEN VALUATION METHODOLOGY (MINISTERIAL)
AMENDMENT REGULATION
Filed: December 10, 2019
For information only: Made by the Minister of Energy (M.O. 798/2019) on
December 5, 2019 pursuant to
section 36 of the Mines and Minerals Act.
1 The Bitumen Valuation Methodology (Ministerial)
Regulation (AR 232/2008) is amended by this Regulation.
Section 2(
b) is amended
(
a) by striking out "December, 2019" and substituting
"December, 2021";
(
b) by striking out "January, 2020" and substituting
"January, 2022".
Alberta Regulation 203/2019
Municipal Government Act
COUNCIL AND COUNCIL COMMITTEE MEETINGS
(MINISTERIAL) REPEAL REGULATION
Filed: December 10, 2019
For information only: Made by the Minister of Municipal Affairs (M.O. No.
MSL:078/19) on November 18, 2019 pursuant to
section 1(1.1) of the Municipal
Government Act.
1 The Council and Council Committee Meetings
(Ministerial) Regulation (AR 197/2017) is repealed effective
January 1, 2020.
--------------------------------
Alberta Regulation 204/2019
Municipal Government Act
SUBDIVISION AND DEVELOPMENT APPEAL BOARD
AMENDMENT REGULATION
Filed: December 10, 2019
For information only: Made by the Minister of Municipal Affairs (M.O. No.
MSL:077/19) on November 18, 2019 pursuant to
section 627.3 of the Municipal
Government Act.
1 The Subdivision and Development Appeal Board
Regulation (AR 195/2017) is amended by this Regulation.
Section 1 is amended in clause (
b) by striking out
"designated officer" and substituting "person".
Section 2 is amended
(
a) in subsection (1) by striking out "designated officer"
and substituting "person";
(
b) in subsection (3) by striking out "An individual who"
and substituting "A person who".
4 This Regulation comes into force on January 1, 2020.
Alberta Regulation 205/2019
Municipal Government Act
WELL DRILLING EQUIPMENT TAX RATE
AMENDMENT REGULATION
Filed: December 10, 2019
For information only: Made by the Minister of Municipal Affairs (M.O. No.
MAG:015/19) on November 27, 2019 pursuant to
section 390(1) of the Municipal
Government Act.
1 The Well Drilling Equipment Tax Rate Regulation
(AR 218/2014) is amended by this Regulation.
2 Sections 1 to 5 are repealed and the following is
substituted:
Calculation of tax for 2019 and 2020
1 The tax under Division 6 of
Part 10 of the Municipal Government
Act must be calculated as follows in 2019 and 2020:
(
a) if the depth of the well is less than or equal to 500 metres, the
minimum tax is $835;
(
b) if the depth of the well is more than 500 metres but not more
than 1000 metres, $835 plus $2.14 for each metre of depth
exceeding 500 metres;
(
c) if the depth of the well is more than 1000 metres, $1905 plus
$4.28 for each metre of depth exceeding 1000 metres.
Section 6 is amended by striking out "December 31, 2019"
and substituting "December 31, 2020".
4 This Regulation comes into force on December 31, 2019.
Alberta Regulation 206/2019
Safety Codes Act
PRESSURE EQUIPMENT EXEMPTION ORDER
AMENDMENT REGULATION
Filed: December 11, 2019
For information only: Made by the Minister of Municipal Affairs (M.O. No.
P:004/19) on September 9, 2019 pursuant to
section 2(2) of the Safety Codes Act.
1 The Pressure Equipment Exemption Order (AR 56/2006)
is amended by this Regulation.
2 The following is added after
section 2.1:
Exemptions - thermal liquid heating system
2.2(1) The Power Engineers Regulation (AR 85/2003) does not
apply to a thermal liquid heating system in a chemical processing
plant, natural gas processing plant or oil refinery.
(2) The Pressure Equipment Safety Regulation (AR 49/2006),
except for sections 35, 37(
b) to (
g) and 41, does not apply to a
thermal liquid heating system in a chemical processing plant, natural
gas processing plant or oil refinery that
(
a) is fully vented, or
(
b) has a pressure vessel, with a gas cushion, operating with one
or more pressure relief devices with set pressure not
exceeding 103 kilopascals and sized so that the operating
pressure cannot exceed 103 kilopascals.
3 This Regulation comes into force on January 1, 2020.
--------------------------------
Alberta Regulation 207/2019
Railway (Alberta) Act
INDUSTRIAL RAILWAY (EXPIRY DATE EXTENSION)
AMENDMENT REGULATION
Filed: December 11, 2019
For information only: Made by the Minister of Transportation (M.O. No.: 22/19) on
December 9, 2019 pursuant to
section 30 of the Railway (Alberta) Act.
1 The Industrial Railway Regulation (AR 338/2009) is
amended by this Regulation.
Section 15 is amended by striking out "December 31, 2019"
and substituting "December 31, 2022".
--------------------------------
Alberta Regulation 208/2019
Cooperatives Act
COOPERATIVES AMENDMENT REGULATION
Filed: December 13, 2019
For information only: Made by the Minister of Service Alberta (M.O. No.
SA:006/2019) on December 6, 2019 pursuant to
section 382.3 of the Cooperatives Act.
1 The Cooperatives Regulation (AR 55/2002) is amended
by this Regulation.
Section 52 is repealed and the following is substituted:
Designations
52(1) The following are designated as extra-provincial directors to
which this Part applies:
(
a) the registrar as defined in the Cooperative Association Act,
SBC 1999, c28;
(
b) the registrar as defined in The Co-operatives Act, 1996, SS
1996, c C-37.3;
(
c) the registrar as defined in The New Generation Co-operatives
Act, SS 1999, c N-4.001;
(
d) the Registrar as defined in The Cooperatives Act,
CCSM c C223.
(2) The following are designated as extra-provincial cooperatives to
which this Part applies:
(
a) associations as defined in the Cooperative Association Act,
SBC 1999, c28;
(
b) co-operatives as defined in The Co-operatives Act, 1996, SS
1996, c C-37.3;
(
c) co-operatives as defined in The New Generation
Co-operatives Act, SS 1999, c N-4.001;
(
d) cooperatives as defined in The Cooperatives Act,
CCSM c C233.
Section 78 is amended by striking out "March 31, 2020"
and substituting "March 31, 2023".
4(1)
Section 2 comes into force on a day determined by an
order of the Minister.
(2) A copy of the order must be published in
Part 1 of The
Alberta Gazette.
--------------------------------
Alberta Regulation 209/2019
Marketing of Agricultural Products Act
ALBERTA PULSE GROWERS MARKETING
AMENDMENT REGULATION
Filed: December 13, 2019
For information only: Made by the Alberta Pulse Growers Commission on
September 6, 2019 and approved by the Alberta Agricultural Products Marketing
Council on September 26, 2019 pursuant to
section 26 of the Marketing of
Agricultural Products Act.
1 The Alberta Pulse Growers Marketing Regulation
(AR 129/99) is amended by this Regulation.
Section 4 is amended
(
a) in subsection (4)(
c) by striking out "name and address"
and substituting "name, address, telephone number and, if
available, email address";
(
b) by adding the following after subsection (4):
(5) If a producer sells any regulated product to a person who is
not a dealer, the producer must
(
a) directly pay to the Commission a service charge at the
rate set in accordance with sections 2 and 3 of this
Regulation, and
(
b) subject to any directions given by the Commission, pay
the amount of the service charge to the Commission
within 55 days from the end of the month within which
the regulated product was sold.
(6) Any producer required to directly pay a service charge to the
Commission must, on payment of the service charge to the
Commission, provide to the Commission a
summary detailing
(
a) the amount, value and type of the regulated product sold
by the producer,
(
b) the amount of service charge being paid by the
producer, and
(
c) the name, address, telephone number and, if available,
email address of the producer.
Section 5 is amended
(
a) in subsection (2)(b)
(
i) in subclause (ii) by striking out "address and
telephone number" and substituting "address,
telephone number and, if available, email address";
(ii) in subclause (iii) by adding "if the service charge
was deducted from the proceeds payable to or on behalf
of a producer," before "a copy of";
(iii) by adding the following after subclause (iii):
(iii.1) if the producer has paid the service charge directly
to the Commission, a letter stating the quantity of
product sold, the total sale price and the amount of
the service charge paid by the producer, or other
documentation containing the same information;
(iv) by adding the following after subclause (iv):
(
v) any other information in respect of the refund that
is requested by the Commission.
(
b) in subsection (4) by adding ", except in cases where the
Commission considers that extenuating circumstances exist"
after "in question".
Section 7(2)(
a) is amended by striking out "telephone
number and mailing address" and substituting "telephone number,
mailing address and, if available, email address".
Section 14 is repealed and the following is substituted:
Report to Commission
14(1) A dealer must record for each month
(
a) the total volume of regulated product purchased by the dealer
from producers,
(
b) the total amount paid by the dealer to producers for that
regulated product so purchased, and
(
c) the type of pulse.
(2) When recording the type of pulse for each month, a dealer may
also record the variety of the pulse purchased.
(3) At the conclusion of each month, a dealer must report to the
Commission the information recorded under subsections (1) and (2).
Section 16 is amended by adding the following after
subsection (2):
(3) A dealer must, when requested by the Commission, assist the
Commission in the compilation of lists of eligible producers.
Section 18 is amended by striking out "1.5%" and
substituting "1%".
Section 22 is amended by striking out "June 30, 2020" and
substituting "June 30, 2024".
Alberta Regulation 210/2019
Marketing of Agricultural Products Act
ALBERTA PULSE GROWERS COMMISSION AUTHORIZATION
AMENDMENT REGULATION
Filed: December 13, 2019
For information only: Made by the Alberta Agricultural Products Marketing Council
on September 26, 2019 and approved by the Minister of Agriculture and Forestry on
October 22, 2019 pursuant to
section 26 of the Marketing of Agricultural Products Act.
1 The Alberta Pulse Growers Commission Authorization
Regulation (AR 128/99) is amended by this Regulation.
Section 2 is amended
(
a) by adding the following after clause (f):
(f.1) respecting the circumstances, if any, under which a
service charge may be refunded to a producer;
(
b) in clause (
h) by adding "and other money" after "service
charges".