Alberta Gazette — 31 December 2019 (Part II)

31 December 2019

Alberta — Gazette

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Section 15.1(4) is repealed and the following is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".

Document details

CollectionAlberta — Gazette
Citation31 December 2019
Typegazette
Volume / chapter24 Dec31 Part2
Languageen
Formathtml
SourcePROVINCIAL
Identifiera5363e28381769ca958e929c9e132f8f5b5abd61

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