Alberta Gazette — 15 December 2017 (Part II)
15 December 2017
Alberta — Gazette
Alberta Regulation 211/2017
Apprenticeship and Industry Training Act
DESIGNATION OF OCCUPATIONS AMENDMENT REGULATION
Filed: November 21, 2017
For information only: Made by the Minister of Advanced Education
(M.O. 308/2017) on November 15, 2017 pursuant to
section 36(1)(
a) of the
Apprenticeship and Industry Training Act.
1 The Designation of Occupations Regulation
(AR 285/2006) is amended by this Regulation.
Section 1(
b) is amended by striking out "construction craft
labourer" and substituting "construction craft worker".
3 This Regulation comes into force on September 1, 2018.
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Alberta Regulation 212/2017
Apprenticeship and Industry Training Act
STEAMFITTER - PIPEFITTER TRADE AMENDMENT REGULATION
Filed: November 21, 2017
For information only: Made by the Alberta Apprenticeship and Industry Training
Board on September 22, 2017 and approved by the Minister of Advanced Education
on November 15, 2017 pursuant to
section 33(2) of the Apprenticeship and Industry
Training Act.
1 The Steamfitter - Pipefitter Trade Regulation (AR
305/2000) is amended by this Regulation.
Section 1(
c) is amended
(
a) in subclause (xii) by striking out "gases" and
substituting "gas";
(
b) by adding the following after subclause (xiii):
(xiv) fuel systems;
(xv) medical gas systems;
Section 3 is amended
(
a) by repealing clauses (f), (
g) and (
h) and substituting
the following:
(
f) rigging, hoisting and lifting equipment and piping
components;
(
g) installing, maintaining, servicing and troubleshooting
boilers and controls;
(
h) installing, maintaining and servicing heat exchange
equipment and controls;
(
b) by repealing clauses (
j) and (
k) and substituting the
following:
(
j) installing, maintaining and servicing pumps, valves and
related equipment;
(
k) installing, maintaining and servicing components in
heating, ventilation and air conditioning systems;
Section 4 is amended
(
a) in subsection (1) by striking out "3 periods" and
substituting "4 periods";
(
b) in subsections (2), (3) and (4) by striking out "1500
hours" and substituting "1560 hours";
(
c) by adding the following after subsection (4):
(4.1) In the 4th period of the apprenticeship program an
apprentice must acquire not less than 1560 hours of on the job
training and successfully complete the technical training that is
required or approved by the Board.
Section 5(3) is amended by striking out "3rd period" and
substituting "4th period".
Section 6(2) is amended by adding the following after
clause (c):
(c.1) 90% in the 4th period of the apprenticeship program.
7 The heading before
section 7 is amended by striking out
", Expiry".
Section 9 is repealed.
9 This Regulation comes into force on May 1, 2018.
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Alberta Regulation 213/2017
Apprenticeship and Industry Training Act
TRADE AND OCCUPATIONS REGULATIONS
AMENDMENT REGULATION
Filed: November 21, 2017
For information only: Made by the Alberta Apprenticeship and Industry Training
Board on September 22, 2017 and approved by the Minister of Advanced Education
on November 10, 2017 pursuant to sections 22.1(1), 33(2) and 37(2) of the
Apprenticeship and Industry Training Act.
1 The Cathodic Protection Technician Exception
Regulation (AR 16/2013) is amended by repealing
section 6.
2 The Cathodic Protection Technician Occupation
Regulation (AR 17/2013) is amended by repealing
section 4.
3(1) The Concrete Finisher Trade Regulation (AR 269/2000)
is amended by this section.
(2) The heading before
section 7 is amended by striking out
", Expiry".
(3) Section 9 is repealed.
4(1) The Landscape Horticulturist Trade Regulation
(AR 286/2000) is amended by this section.
(2) The heading before
section 7 is amended by striking out
", Expiry".
(3) Section 9 is repealed.
5(1) The Oil and Gas Transportation Services Occupation
Regulation (AR 275/2004) is amended by this section.
(2) The heading for
Part 7 is amended by striking out
"Expiry and".
(3) Section 15 is repealed.
6 The Slickline Services Occupation Regulation
(AR 154/2013) is amended by repealing
section 4.
7 The Well Testing Services Supervisor Occupation
Regulation (AR 276/2004) is amended by repealing
section
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Alberta Regulation 214/2017
Apprenticeship and Industry Training Act
CONSTRUCTION CRAFT LABOURER OCCUPATION
AMENDMENT REGULATION
Filed: November 21, 2017
For information only: Made by the Alberta Apprenticeship and Industry Training
Board on September 22, 2017 and approved by the Minister of Advanced Education
on November 15, 2017 pursuant to
section 37(2) of the Apprenticeship and Industry
Training Act.
1 The Construction Craft Labourer Occupation Regulation
(AR 270/2000) is amended by this Regulation.
2 The title is repealed and the following is substituted:
CONSTRUCTION CRAFT WORKER
OCCUPATION REGULATION
Section 1(
b) is amended by striking out "construction craft
labourer" and substituting "construction craft worker".
Section 3(
n) is amended by striking out "by construction
craft labourers" and substituting "in the occupation".
5 This Regulation comes into force on September 1, 2018.
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Alberta Regulation 215/2017
Queen's Printer Act
QUEEN'S PRINTER AMENDMENT REGULATION
Filed: November 21, 2017
For information only: Made by the Minister of Service Alberta (M.O. SA:011/2017)
on November 16, 2017 pursuant to
section 5 of the Queen's Printer Act.
1 The Queen's Printer Regulations (AR 44/70) are amended
by this Regulation.
Section 13 is repealed.
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Alberta Regulation 216/2017
Emergency Management Act
GOVERNMENT EMERGENCY MANAGEMENT (EXPIRY DATE
EXTENSION) AMENDMENT REGULATION
Filed: November 21, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 390/2017)
on November 21, 2017 pursuant to
section 6 of the Emergency Management Act.
1 The Government Emergency Management Regulation
(AR 248/2007) is amended by this Regulation.
Section 6 is amended by striking out "November 30, 2017"
and substituting "November 30, 2019".
Alberta Regulation 217/2017
Government Organization Act
AUTHORIZED ACCREDITED AGENCIES (EXPIRY DATE
EXTENSION) AMENDMENT REGULATION
Filed: November 21, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 391/2017)
on November 21, 2017 pursuant to
Schedule 10,
section 2 of the Government
Organization Act.
1 The Authorized Accredited Agencies Regulation
(AR 184/95) is amended by this Regulation.
Section 8 is amended by striking out "January 31, 2018"
and substituting "April 30, 2020".
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Alberta Regulation 218/2017
Alberta Corporate Tax Act
ALBERTA CORPORATE TAX AMENDMENT REGULATION
Filed: November 21, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 392/2017)
on November 21, 2017 pursuant to
section 56 of the Alberta Corporate Tax Act.
1 The Alberta Corporate Tax Regulation (AR 119/2008) is
amended by this Regulation.
2(1) The following is added after
section 3:
Prescribed corporations
3.1(1) For the purposes of
section 36.1(2.1) of the Act, a
"prescribed corporation" means any corporation whose gross
revenue exceeds $1 million except
(
a) an insurance corporation as defined in subsection 248(1) of
the federal Act,
(
b) a non-resident corporation,
(
c) a corporation reporting in functional currency as defined in
subsection 261(1) of the federal Act, or
(
d) a corporation that is exempt from taxation under
section 35
of the Act and
section 149 of the federal Act.
(2) For the purposes of
section 36.1(2.4)(
b) of the Act, "a prescribed
corporation" means
(
a) an insurance corporation as defined in subsection 248(1) of
the federal Act,
(
b) a non-resident corporation, or
(
c) a corporation reporting in functional currency as defined in
subsection 261(1) of the federal Act.
(2) Subsection (1) applies in respect of returns for taxation
years ending after December 31, 2017.
3(1)
Section 5.2 is amended
(
a) by repealing subsection (1);
(
b) in subsection (6)(
a) by striking out "section 25.1(1) of
the Act" and substituting "section 6.2 of the Alberta
Personal Income Tax Act".
(2) Subsection (1) is deemed to have come into force on
January 1, 2014.
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Alberta Regulation 219/2017
Employment Pension Plans Act
EMPLOYMENT PENSION PLANS AMENDMENT REGULATION
Filed: November 21, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 394/2017)
on November 21, 2017 pursuant to
section 159 of the Employment Pension Plans Act.
1 The Employment Pension Plans Regulation
(AR 154/2014) is amended by this Regulation.
Section 10.1 is amended
(
a) by repealing subsection (2)(a)(iii) and (iv) and
substituting the following:
(iii) the commuted value of the defined benefit provision
will be determined either
(
A) in accordance with
section 9(1), or
(
B) in accordance with the actuarial assumptions used
in the current actuarial valuation report to
determine the going concern liabilities value of the
plan multiplied by the lesser of 1 and the going
concern funded ratio,
and
(iv) if the commuted value of the defined benefit provision
is determined in accordance with
section 9(1), the plan
will, on termination of active membership or pre-
retirement death of the member, pay the full value of the
benefit, regardless of the current solvency ratio of the
provision,
(b) subsection (3)(
a) is amended by striking out "of the
Act".
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Alberta Regulation 220/2017
Financial Administration Act
INDEMNITY AUTHORIZATION AMENDMENT REGULATION
Filed: November 21, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 395/2017)
on November 21, 2017 pursuant to
section 71 of the Financial Administration Act.
1 The Indemnity Authorization Regulation (AR 22/97) is
amended by this Regulation.
Section 7 is amended by repealing subsections (1) and
(2) and substituting the following:
Metis settlements inspections, investigations
and audits indemnity
7(1) In this section,
(a) "Act" means the Metis Settlements Act;
(b) "associate personnel" means
(
i) any person who had been engaged by the Minister
to provide services in relation to the office of the
former Metis Settlements Ombudsman;
(ii) any person who had been employed or otherwise
engaged by a person referred to in subclause (
i) for
the purposes of providing any of the services in
relation to the office of the former Metis
Settlements Ombudsman;
(iii) any person who had been appointed by the former
Metis Settlements Ombudsman as an inspector or
an investigator under
section 171 of the Act or to
carry out audits under
section 172 of the Act;
(c) "former Metis Settlements Ombudsman" means a
person who had been designated by the Minister as the
Metis Settlements Ombudsman;
(d) "former Regulation" means the Metis Settlements
Ombudsman Regulation (AR 116/2007);
(e) "Minister" means the Minister referred to in
section 171
of the Act;
(f) "prescribed duties" means
(
i) with respect to the former Metis Settlements
Ombudsman, the exercise or performance of any
powers or duties that the former Metis Settlements
Ombudsman was authorized by the Minister or the
former Regulation to exercise or perform;
(ii) with respect to any associate personnel who had
been engaged in providing services in relation to
the office of the former Metis Settlements
Ombudsman, the provision of any of those
services;
(iii) with respect to any associate personnel who had
been appointed as an inspector or an investigator
under
section 171 of the Act or under the former
Regulation, the carrying out of any functions by
that person as an inspector or an investigator;
(iv) with respect to any associate personnel who had
been appointed under
section 172 of the Act or
under the former Regulation to carry out audits,
the carrying out of any function by that person in
respect of those audits;
(
v) with respect to any person appointed as an
inspector or an investigator under
section 171 of
the Act, the carrying out of any functions by that
person as an inspector or an investigator;
(vi) with respect to any person appointed under
section
172 of the Act to carry out audits, the carrying out
of any function by that person in respect of those
audits;
(vii) with respect to any person appointed under
section
173 of the Act to assist an inspector or an
investigator, the carrying out of any functions by
that person to assist an inspector or an investigator.
(2) The President of Treasury Board and Minister of Finance is
authorized, on behalf of the Crown, to indemnify the former
Metis Settlements Ombudsman, associate personnel and any
person referred to in subsection (1)(f)(
v) to (vii) against all costs,
charges and expenses, including amounts paid to settle actions or
satisfy judgments, reasonably incurred by any of those persons in
respect of civil, criminal or administrative actions or
proceedings, to which any of those persons is made a party by
reason of carrying out any prescribed duties, if the person
(
a) acted honestly and in good faith with a view to carrying
out the prescribed duties,
(
b) complied with the Schedule, and
(
c) in the case of a criminal or administrative action or
proceeding enforceable by a monetary penalty, had
reasonable grounds for believing that the conduct of the
person was lawful.
3 The following is added after
section 11:
Provincial Court judges and masters
in chambers indemnity
12(1) In this section, "Minister" means the member of the
Executive Council responsible for the Provincial Court Act and the
Court of Queen's Bench Act.
(2) The Minister is authorized on behalf of the Crown, on the terms
and conditions recommended by a Judicial Compensation
Commission that are binding on the Crown, to indemnify a judge of
the Provincial Court of Alberta or a master in chambers against all
costs, charges and expenses, including amounts paid to settle actions
or satisfy judgments, incurred by the judge or master in chambers in
respect of civil, criminal or administrative actions or proceedings,
including any complaints, charges or inquiries, and whether a party
or not, arising out of his or her conduct as a judge or master in
chambers.
--------------------------------
Alberta Regulation 221/2017
Civil Enforcement Act
CIVIL ENFORCEMENT AMENDMENT
(2017) REGULATION
Filed: November 21, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 396/2017)
on November 21, 2017 pursuant to
section 106 of the Civil Enforcement Act.
1 The Civil Enforcement Regulation (AR 276/95) is
amended by this Regulation.
Section 4 is amended by striking out "and" at the end of
clause (a), by adding ", and" at the end of clause (
b) and by
adding the following after clause (b):
(
c) an e-mail address by which documents may be served on the
agency.
Section 5(
a) is amended by adding "e-mail address," after
"address,".
Schedule 4 is amended by sections 5 to 8.
5 Form 5 is amended by adding "E-mail Address" after
"Telephone Number".
6 Form 6 is amended by adding ", E-mail Address" after
"(Name, Address".
7 Form 8 is amended by adding "E-mail Address" after
"(Province Postal Code Telephone Number".
8 Form 9 is amended by striking out the following:
__________________________________
Print Name of Civil Enforcement Agency
____________________________
Address
____________________________
City/Town Province Postal Code
and substituting:
__________________________________
Print Name of Civil Enforcement Agency
____________________________
Address
____________________________
City/Town Province Postal Code
____________________________
E-mail Address
9 The heading to
Part 6 is amended by striking out
"Expiry,".
Section 62 is repealed.
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Alberta Regulation 222/2017
Provincial Court Act
Court of Queen's Bench Act
PROVINCIAL JUDGES AND MASTERS IN CHAMBERS
REGISTERED AND UNREGISTERED PENSION
PLANS
(2017) AMENDMENT REGULATION
Filed: November 21, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 397/2017)
on November 21, 2017 pursuant to
section 16 of the Court of Queen's Bench Act and
section 9.52 of the Provincial Court Act.
1 The Provincial Judges and Masters in Chambers
Registered and Unregistered Pension Plans (AR 196/2001)
is amended by this Regulation.
2 Sections 1 and 2 are amended by striking out "7" and
substituting "5".
Schedule 1 is amended by sections 4 to 11 and 17(a).
Section 1(1)(cc) is amended by striking out "5" and
substituting "2".
Section 20(1) is amended by adding "and
section 36(5)"
after "and (3)".
Section 28 is amended
(
a) in subsection (1) by adding "and
section 38(5)" after
"and (3)";
(
b) in subsection (3)(
b) by striking out "1(y)(iii)" and
substituting "1(1)(r.1)(iii)".
Section 34 is amended by adding ", other than a surviving
pension partner within the meaning of
section 35(2)," after "person".
Section 35 is amended by renumbering it as
section
35(1) and the following is added after
section 35(1):
(2) In this Division, "surviving pension partner" means the
individual (if any) who was the pension partner of the deceased
immediately before the death occurred, and who survived the
deceased.
Section 36 is repealed and the following is substituted:
Pension partner's pension on death before
pension commencement
36(1) Where there is a surviving pension partner, that pension
partner is entitled to choose to receive
(
a) a pension for life in an amount equal to 3/4 of the
normal pension, or
(
b) a pension provided for in subsection (2),
with the pension specified in clause (
a) applying automatically if
no such choice is made or made in time.
(2) The pension referred to in subsection (1)(
b) is the pension
described in
section 38(2).
(3) The pensions addressed in subsection (2), as it incorporates
section 38(2)(c) (as deemed to have been selected by the
deceased), are
(
a) a joint life pension payable during the joint lives of the
deceased and the surviving pension partner and which,
after the death of the deceased, is payable to that
pension partner for life in the same amount as would
have been payable before the death but in an amount
that is the actuarial equivalent of the pension payable in
the form specified in
section 19(2)(b), and
(
b) a term only pension, payable for whichever term, being
5, 10 or 15 years, is selected by the pension partner and
in the amount of the guaranteed term pension that the
deceased would have received under
section 21(1) (with
that selected term) had the deceased selected that
guaranteed term pension and continued to live until the
end of that term, and that is the actuarial equivalent of
the pension payable in the form specified in
section
19(2)(a).
(4) Section 38(4) applies with respect to this section.
(5) Where this
section applies, nothing in
section 20 does.
(6) A choice under subsection (1) of a pension referred to in
subsection (1)(
b) must be made within 90 days after a request
made by the Minister to the surviving pension partner to do so
has been sent.
Section 38 is repealed and the following is substituted:
Pension partner's benefit on death before
pension commencement
38(1) Where there is a surviving pension partner, that pension
partner is entitled,
(
a) if the deceased was vested, to choose to receive, subject
to any maximum limit imposed by the tax rules,
(
i) a pension for life in an amount equal to 2/3 of the
normal pension, or
(ii) a pension provided for in subsection (2),
with the pension specified in subclause (
i) applying
automatically if no such choice is made or made in time,
(
b) if the deceased was not vested, to receive an amount
equal to the participant contributions.
(2) The pension referred to in subsection (1)(a)(ii) is the pension
that the surviving pension partner would have received if the
deceased, immediately before dying,
(
a) has that surviving pension partner as his or her pension
partner at pension commencement,
(
b) terminated with an entitlement, subject to this section,
to a normal pension, and
(
c) chose that pension which that surviving pension partner,
in a written notice filed with the Minister within 90 days
after being requested to do so by the Minister, elects to
treat the deceased as being deemed to have chosen from
among the pensions specified in subsection (3).
(3) The pensions referred to in subsection (2)(c) (as deemed to
have been selected by the deceased) are
(
a) a joint life pension payable during the joint lives of the
deceased and the surviving pension partner and which,
after the death of the deceased, is payable to that
pension partner for life in the same amount as would
have been payable before the death but in an amount
that is the actuarial equivalent of the pension payable in
the form specified in
section 27(3)(b), and
(
b) a term only pension, payable for whichever term, being
5, 10 or 15 years, is selected by the pension partner and
in such amount as the deceased would have received as
a guaranteed term pension under
section 29(1)(a) (with
that selected term) had the deceased selected that
guaranteed term pension and continued to live until the
end of that term, and as is the actuarial equivalent of the
pension payable in the form specified in
section
27(3)(a).
(4) The pension partner's option under this
section applies
(
a) regardless of whether or not the deceased would, given
the circumstances, have been entitled under this Plan to
choose the pension so chosen immediately before dying,
and
(
b) disregarding any age or age and judicial service
shortfall respecting that eligibility and in the calculation
of the pension.
(5) Where this
section applies, nothing in
section 28 does.
(6) A choice under subsection (1)(
a) of a pension referred to in
subsection (1)(a)(ii) must be made within 90 days after a request
made by the Minister to the surviving pension partner to do so
has been sent.
Section 39(
b) is amended by adding "and is to be in an
amount that is the actuarial equivalent of the pension in the
section
27(3)(
a) form" after "that choice".
Schedule 2 is amended by sections 13 to 16 and 17(b).
Section 1(3)(
b) is amended by adding "the same or" after
"paragraph of".
Section 34 is amended by adding ", other than a surviving
pension partner within the meaning of
section 35, as it incorporates
section 35(2) of the Registered Plan," after "person".
Section 36 is repealed and the following is substituted:
Pension partner's pension for pre-1992 service
36(1) Where there is a surviving pension partner, that pension
partner is entitled to choose to receive
(
a) a pension for life in an amount equal to 3/4 of that part
of the normal pension, if any, that is based on
pensionable service before 1992, or
(
b) a pension provided for in subsection (2),
with the pension specified in clause (
a) applying automatically if
no such choice is made.
(2) Section 36(2) of the Registered Plan applies with respect to
this Plan, with the reference to
section 38(2) being taken as a
reference to
section 38(2), as it incorporates
section 38(2) of the
Registered Plan.
(3) Section 36(3) and (4) of the Registered Plan apply with
respect to this Plan with the references in them to provisions in
section 38 being taken as references to
section 38, as it
incorporates the corresponding provisions in
section 38 of the
Registered Plan.
(5) Where this
section applies, nothing in
section 28 does.
(6) Section 36(6) of the Registered Plan applies with respect to
this Plan.
Section 38 is repealed and the following is substituted:
Pension partner's benefit on death before
pension commencement
38(1) Where there is a surviving pension partner, that pension
partner is entitled,
(
a) if the deceased was vested, to choose to receive
(
i) a pension for life in an amount equal to 3/4 of that
part of the normal pension that is based on
pensionable service after 1991, or
(ii) a pension provided for in subsection (2),
with the pension specified in subclause (
i) applying
automatically if no such choice is made or made in time,
(
b) if the deceased was not vested, to receive an amount
equal to the participant contributions.
(2) Section 38(2) to (6) of the Registered Plan apply with respect
to this Plan, with the reference to
section 29(1)(
a) being taken as
a reference to
section 29, as it incorporates
section 29(1)(
a) of
the Registered Plan.
17 The following provisions are amended by adding "with
the Minister" after "filed" or "filing", as the case may be:
(
a) in
Schedule 1, sections 19(2)(
a) and (b), 27(3)(
a) and
(
b) and 49(4), and
(
b) in
Schedule 2, sections 27(3)(
a) and (
b) and 58.
18 This Regulation is deemed to have come into force on
April 1, 2013.
Alberta Regulation 223/2017
Government Organization Act
JUSTICE AND SOLICITOR GENERAL GRANTS
AMENDMENT REGULATION
Filed: November 21, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 398/2017)
on November 21, 2017 pursuant to
section 13 of the Government Organization Act.
1 The Justice and Solicitor General Grants Regulation
(AR 97/2001) is amended by this Regulation.
Section 10 is repealed.
--------------------------------
Alberta Regulation 224/2017
Judgment Interest Act
JUDGMENT INTEREST AMENDMENT REGULATION
Filed: November 21, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 399/2017)
on November 21, 2017 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 (y):
(
z) the interest rate from January 1, 2018 to December 31, 2018
is prescribed at 0.87% per year.
Alberta Regulation 225/2017
Land Agents Licensing Act
LAND AGENTS LICENSING AMENDMENT REGULATION
Filed: November 21, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 402/2017)
on November 21, 2017 pursuant to
section 25 of the Land Agents Licensing Act.
1 The Land Agents Licensing Regulation (AR 227/2001) is
amended by this Regulation.
Section 12 is repealed.
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Alberta Regulation 226/2017
Alberta Utilities Commission Act
SECURITY MANAGEMENT AMENDMENT REGULATION
Filed: November 21, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 407/2017)
on November 21, 2017 pursuant to
section 78 of the Alberta Utilities Commission
Act.
1 The Security Management Regulation (AR 230/2012) is
amended by this Regulation.
Section 4 is repealed.
--------------------------------
Alberta Regulation 227/2017
Mines and Minerals Act
OIL SANDS TENURE REGULATION, 2010 (EXPIRY DATE
EXTENSION) AMENDMENT REGULATION
Filed: November 21, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 408/2017)
on November 21, 2017 pursuant to
section 5 of the Mines and Minerals Act.
1 The Oil Sands Tenure Regulation, 2010 (AR 196/2010) is
amended by this Regulation.
Section 33 is amended by striking out "December 1, 2017"
and substituting "November 30, 2019".
--------------------------------
Alberta Regulation 228/2017
Provincial Parks Act
PROVINCIAL PARKS (DISPOSITIONS) AMENDMENT REGULATION
Filed: November 21, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 409/2017)
on November 21, 2017 pursuant to
section 12 of the Provincial Parks Act.
1 The Provincial Parks (Dispositions) Regulation
(AR 241/77) is amended by this Regulation.
Section 85 is repealed.
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Alberta Regulation 229/2017
Water Act
WATER (OFFENCES AND PENALTIES) (EXPIRY DATE
EXTENSION, 2017) AMENDMENT REGULATION
Filed: November 21, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 410/2017)
on November 21, 2017 pursuant to
section 169 of the Water Act.
1 The Water (Offences and Penalties) Regulation (AR
193/98) is amended by this Regulation.
Section 7 is amended by striking out "December 1, 2017"
and substituting "December 1, 2019".
Alberta Regulation 230/2017
Income and Employment Supports Act
INCOME AND EMPLOYMENT SUPPORTS ACT REGULATIONS
AMENDMENT REGULATION
Filed: November 21, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 411/2017)
on November 21, 2017 pursuant to sections 18, 27, 33 and 42 of the Income and
Employment Supports Act.
1(1) The Child and Adult Support Services Regulation
(AR 61/2004) is amended by this section.
(2) Section 8 is repealed.
2(1) The Disability-Related Employment Supports and
Services Regulation (AR 117/2011) is amended by this
section.
(2) Section 9 is repealed.
3(1) The Income Support, Training and Health Benefits
Regulation (AR 122/2011) is amended by this section.
(2) Section 103 is repealed.
4(1) The Temporary Employment and Job Creation
Programs Regulation (AR 33/2010) is amended by this
section.
(2) Section 5 is repealed.
--------------------------------
Alberta Regulation 231/2017
Post-secondary Learning Act
CAMPUS ALBERTA SECTOR AMENDMENT REGULATION
Filed: November 21, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 415/2017)
on November 21, 2017 pursuant to
section 102.2 of the Post-secondary Learning Act.
1 The Campus Alberta Sector Regulation (AR 239/2008) is
amended by this Regulation.
Section 5 is repealed and the following is substituted:
Independent Academic Institutions
5 The following publicly funded private colleges are assigned to
the Independent Academic Institutions sector of the publicly funded
post-secondary system:
(
a) Ambrose University;
(
b) Burman University;
(
c) Concordia University of Edmonton;
(
d) The King's University;
(
e) St. Mary's University.
Section 7 is amended by striking out "January 31, 2018"
and substituting "January 31, 2020".
--------------------------------
Alberta Regulation 232/2017
Traffic Safety Act
DRIVERS' HOURS OF SERVICE (EXPIRY DATE
EXTENSION) AMENDMENT REGULATION
Filed: November 22, 2017
For information only: Made by the Minister of Transportation (M.O. 31/17) on
November 20, 2017 pursuant to
section 156 of the Traffic Safety Act.
1 The Drivers' Hours of Service Regulation (AR 317/2002)
is amended by this Regulation.
Section 22 is amended by striking out "March 15, 2018"
and substituting "March 15, 2022".
Alberta Regulation 233/2017
Skin Cancer Prevention (Artificial Tanning) Act
ARTIFICIAL TANNING REGULATION
Filed: November 23, 2017
For information only: Made by the Minister of Health (M.O. 32/2017) on October
10, 2017 pursuant to sections 1 and 2(1) of the Skin Cancer Prevention (Artificial
Tanning) Act.
Table of Contents
Definitions
2 Prescribed forms of identification
3 Advertising directed to minors
4 Signage
5 Enforcement officers
6 Coming into force
Definitions
1 In this Regulation, "Act" means the Skin Cancer Prevention
(Artificial Tanning) Act.
Prescribed forms of identification
2(1) Subject to subsection (2), the following forms of identification
are prescribed as acceptable for the purposes of
section 2 of the Act as
proof of a person's age:
(
a) an operator's licence or driver's licence;
(
b) a passport;
(
c) a Canadian permanent resident card;
(
d) a Canadian Armed Forces identity card;
(
e) other documentation that is issued by the Government of
Canada, the government of a province or the government of
another country.
(2) Subsection (1) applies only if the form of identification is valid
and shows the person's full name, photograph, date of birth and
signature.
Advertising directed to minors
3 For the purposes of
section 4 of the Act, advertising directed to
minors includes advertising that
(
a) is placed in media that are targeted at persons who are less
than 18 years of age, or
(
b) employs depictions that are targeted at persons who are less
than 18 years of age.
Signage
4(1) A person who sells, offers for sale or provides artificial tanning
services shall post signage in the form, content and colour as depicted,
and in the dimensions as set out, in the Standards for Artificial
Tanning Facility Signage developed by the Minister and posted on the
Government of Alberta website, as amended or replaced from time to
time.
(2) A person who sells, offers for sale or provides artificial tanning
services shall post the signage specified in subsection (1) in
accordance with the following:
(
a) one entrance sign must be displayed at each customer
entrance door, with each sign
(
i) located within 0.5 metre of the entrance door, and
(ii) visible to individuals entering the facility;
(
b) one sign facing customers must be displayed at each point of
sale, with each sign
(
i) located within 1.0 metre of each cash register or other
place in the artificial tanning facility where payment is
made and identification is verified, and
(ii) visible to a prospective customer at the cash register or
other place in the artificial tanning facility where
payment is made and identification is verified;
(
c) one sign facing employees must be displayed at each point of
sale, with each sign
(
i) located within 1.0 metre of each cash register or other
place in the artificial tanning facility where payment is
made and identification is verified, and
(ii) visible to an employee at the cash register or place in
the artificial tanning facility where payment is made and
identification is verified;
(
d) one health warning sign must be displayed near each piece of
artificial tanning equipment, with each sign
(
i) located within 1.0 metre of the piece of artificial tanning
equipment, and
(ii) visible to a customer before using the artificial tanning
equipment.
(3) A person who sells, offers for sale or provides artificial tanning
services shall ensure that the signage referred to in subsections (1) and
(2) is kept in good condition, unobstructed and clearly visible at all
times.
Enforcement officers
5 Individuals appointed by a regional health authority as executive
officers under
section 9 of the Public Health Act are designated as
enforcement officers for the purposes of the Act.
Coming into force
6 This Regulation comes into force on the coming into force of
sections 1, 2(1), (2) and (4) and 3 to 12 of the Skin Cancer Prevention
(Artificial Tanning) Act.
--------------------------------
Alberta Regulation 234/2017
Income and Employment Supports Act
INCOME AND EMPLOYMENT SUPPORTS ACT REGULATIONS
(MINISTERIAL) AMENDMENT REGULATION
Filed: November 27, 2017
For information only: Made by the Minister of Advanced Education
(M.O. 303/2017) on November 23, 2017 pursuant to sections 26 and 42(2) of the
Income and Employment Supports Act.
1(1) The Recovery Regulation (AR 43/2010) is amended by
this section.
(2) Section 4 is repealed.
2(1) The Training Provider Regulation (AR 186/2011) is
amended by this section.
(2) Section 8 is repealed.
Alberta Regulation 235/2017
Petroleum Marketing Act
PETROLEUM MARKETING AMENDMENT REGULATION
Filed: November 28, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 418/2017)
on November 28, 2017 pursuant to
section 19.1 of the Petroleum Marketing Act.
1 The Petroleum Marketing Regulation (AR 174/2006) is
amended by this Regulation.
2 The following is added after
section 26:
Direction to transmit or store hydrocarbons
26.1(1) When the Commission wishes to arrange for the storage of
a hydrocarbon substance delivered to it pursuant to
section 16 of the
Act, the Commission may
(
a) direct the supplier of a pipeline to transmit the hydrocarbon
substance by the supplier's pipeline to a storage facility in
Alberta designated by the Commission or to a point in
Alberta designated by the Commission that is en route to a
storage facility, or
(
b) subject to subsection (2), direct the supplier of any storage
facility in Alberta to accept the hydrocarbons for storage and
to store it in that storage facility,
subject to the payment of compensation for it by the Commission in
accordance with subsection (3).
(2) The Commission shall not make a direction under subsection
(1)(
b) in respect of a storage facility consisting of an underground
formation unless approval has been previously obtained from the
Alberta Energy Regulator pursuant to
section 39(1)(
d) of the Oil and
Gas Conservation Act.
(3) When a direction is made by the Commission under subsection
1(
a) and the Commission is unable to reach an agreement with the
supplier of the pipeline as to the just and reasonable charges to be
paid by the Commission for the transmission of the hydrocarbon
substance by the pipeline,
section 110 of the Public Utilities Act
applies.
Alberta Regulation 236/2017
New Home Buyer Protection Act
NEW HOME BUYER PROTECTION (MINISTERIAL)
AMENDMENT REGULATION
Filed: November 29, 2017
For information only: Made by the Minister of Municipal Affairs (M.O. P:011/17)
on November 7, 2017 pursuant to
section 28(2) of the New Home Buyer Protection
Act.
1 The New Home Buyer Protection (Ministerial) Regulation
(AR 220/2013) is amended by this Regulation.
Section 2(2)(
a) is amended by adding the following after
subclause (vii):
(viii) Humans Helping Humans Housing Foundation.
3 The following is added after
section 2:
Residential builder licensing exemptions
2.1(1) In this section, the terms "manufactured home", "mobile home"
and "package home" have the meanings given to them in the Retail
Home Sales Business Licensing Regulation (AR 197/99).
(2) Subject to subsection (3), the following persons are exempt from
the licensing requirements in
section 2.1 of the statute:
(
a) a person authorized to trade in real estate as a real estate
broker under the Real Estate Act;
(
b) a person who is permitted to practise engineering under the
Engineering and Geoscience Professions Act;
(
c) a professional technologist as defined in
section 86.4(
m) of
the Engineering and Geoscience Professions Act;
(
d) a registered architect as defined in
section 1(
m) of the
Architects Act.
(3) An exemption under subsection (2)(a), (b), (
c) or (
d) applies
only with respect to work performed by the person within the scope
of practice under the Real Estate Act, Engineering and Geoscience
Professions Act or Architects Act, as the case may be.
(4) A person who holds a licence under the Retail Home Sales
Business Licensing Regulation (AR 197/99) is exempt from the
requirement to hold a developer licence under the New Home Buyer
Protection (General) Regulation (AR 211/2013) in respect of new
homes that are manufactured homes, mobile homes or package
homes.
4 Sections 3 and 4 are repealed.
Section 5(1) is amended by adding the following after
clause (j):
(
k) apply for a licence.
Section 11(1.2) is repealed.
Section 31 is repealed.
8 The
Schedule is amended by striking out Form 1,
Compliance Order, and substituting the following:
Form 1
Compliance Order
(New Home Buyer Protection Act
section 12)
To (name)
of (address)
Take notice that:
This order is issued in respect of the following contravention (identify
contravention and, if applicable, location of contravention):
You are hereby ordered, on or before (date) , pursuant to
section 12 of the New Home Buyer Protection Act ("the Act"), to take,
stop or modify the following action (set out the order):
This order is being issued because (set out the reasons):
Non-compliance with this order is an offence under the Act.
Pursuant to sections 4, 5, 6, 15 and 26 of the Act, contravention of or
failure to comply with this order may result in one or more of the
following actions being taken against you:
- you might be prosecuted under the Act in respect of the
contravention or failure to comply;
- you might have an administrative penalty imposed on you in
respect of the contravention or failure to comply;
- you might be refused an authorization as an owner builder
under the Act or have an authorization issued to you as an
owner builder under the Act suspended or cancelled.
- you might be refused a residential builder licence, or, if you
hold such a licence, you might be subject to disciplinary
consequences.
This compliance order may be reviewed by the Registrar under
section
13 of the Act if a written request for review is made within 30 days of
the date of receipt of this order to (name, address, telephone number
and facsimile number of the Registrar) .
The Registrar may make a decision on a review of the compliance
order or may refer the review decision to the New Home Buyer
Protection Board.
Dated this day of , 20 .
Compliance Officer
9 This Regulation comes into force on December 1, 2017.
--------------------------------
Alberta Regulation 237/2017
New Home Buyer Protection Act
NEW HOME BUYER PROTECTION (MINISTERIAL)
AMENDMENT REGULATION
Filed: November 29, 2017
For information only: Made by the Minister of Municipal Affairs (M.O. P:002/17)
on November 8, 2017 pursuant to
section 28(2) of the New Home Buyer Protection
Act.
1 The New Home Buyer Protection (Ministerial) Regulation
(AR 220/2013) is amended by this Regulation.
Section 6 is repealed and the following is substituted:
Service of compliance orders and notices
6(1) A compliance order issued, amended, confirmed, varied or
cancelled under the Act and a notice of administrative penalty or
other written notice or document required by the Act to be issued or
sent must be served
(
a) in the case of an individual,
(
i) by personal service,
(ii) by leaving it for the individual with a person apparently
at least 18 years of age at the individual's current or
most usual dwelling place,
(iii) by sending it by registered mail to
(
A) the individual's last known address, or
(
B) the most recent address provided by the individual
to the Registrar,
(iv) by sending it by facsimile or other form of electronic
transmission to the individual's last known facsimile
number or electronic address, if there is a record of so
sending it,
and
(
b) in the case of a corporation,
(
i) by leaving it with a director, manager or officer of the
corporation, or the president, chairperson or other head
officer, by whatever name that person is known, of the
corporation,
(ii) by leaving it at the corporation's registered office,
(iii) by sending it by registered mail to the corporation's
registered office,
(iv) in the case of an extra-provincial corporation, by
leaving it with, at the address of, or by sending it by
registered mail to the address of
(
A) the corporation's attorney for service appointed as
required by the Business Corporations Act, or
(
B) the corporation's principal place of business in
Alberta,
(
v) by sending it by facsimile or other form of electronic
transmission to the corporation's last known facsimile
number or electronic address, if there is a record of so
sending it.
(2) Service by registered mail is not invalid by reason only that
(
a) the addressee refuses to accept the mail,
(
b) the addressee returns the mail,
(
c) the addressee refuses to take delivery, or
(
d) the addressee no longer resides or is otherwise not present at
the address and has not provided the postal service with a
current mailing address.
(3) The Registrar may apply to the Board for direction regarding the
service of a notice of administrative penalty, including service in a
manner or to a location not set out in this section.
(4) The service referred to in this
section is presumed to be effected
on the date indicated in this subsection, unless the contrary is
proved:
(
a) in the case of a document sent by registered mail, on the date
of delivery;
(
b) in the case of a document sent by facsimile machine or
e-mail, on the date the facsimile or e-mail was sent as
confirmed by a record of successfully completed
transmission;
(
c) in any other case, on the date when the Administrator
complies fully with the directions of the Board regarding the
service.
Section 7(1) is amended
(
a) by adding the following after clause (d):
(d.1) "issuing authority" means the Registrar;
(
b) in clause (e)(iii) by striking out "the Registrar" and
substituting "the issuing authority".
Section 10(3)(
b) is amended by striking out "under
section
17 of the statute".
Section 13(1) is repealed and the following is
substituted:
Notice of hearing
13(1) Unless
section 22 applies, at least 21 days before the hearing
date the Board must send to the parties by mail or by e-mail a notice
setting out
(
a) whether the Board intends to proceed with
(
i) an oral appeal hearing conducted in person, or
(ii) an electronic hearing,
(
b) in the case of an oral hearing conducted in person, the time
and place of the hearing of the appeal, and
(
c) in the case of an electronic hearing, the time and the
information needed to participate in the hearing of the appeal.
Section 14(
a) and (
b) are repealed and the following is
substituted:
(
a) any relevant guidelines and
interpretation bulletins issued by
the issuing authority, and
(
b) any matter on the record, including decisions of a compliance
officer, the issuing authority or any other person.
7 The following is added after
section 14:
Deadline for submissions
14.1 Subject to an order of the Board or a direction of a case
manager, evidence and written submissions on which a party intends
to rely must be submitted no later than 14 days before the hearing in
which the party intends to introduce that evidence.
Section 16(4) is amended by striking out "7 days" and
substituting "10 days".
Section 17(3) is repealed and the following is
substituted:
(3) Subsection (2) does not apply
(
a) if the party attends before the Board, or
(
b) to a government employee who represents the issuing
authority.
Section 25 is repealed and the following is substituted:
Dispute resolution
25 The Board may, with or without a hearing, accept or reject a
recommendation to resolve a dispute from the parties.
Section 28 is amended by adding the following after
subsection (3):
(3.1) A copy of a permit issued by a permit issuer and submitted to
the Board by an issuing authority
(
a) is admissible without the attendance or affidavit of the permit
issuer, and
(
b) the absence of proof to the contrary, shall constitute proof of
the issuance of a permit and its contents.
Section 29 is amended by adding the following after
subsection (1):
(1.1) The Board may, in accordance with the rules of the Board,
make an award of costs that the Board considers appropriate, relating
to matters contained in the appeal or relating to the conduct of the
appeal.
Section 30 is repealed and the following is substituted:
Publication
30 The Board may publish its decisions, orders and reasons in any
manner that the chair considers appropriate.
14 This Regulation comes into force on December 1, 2017.
Alberta Regulation 238/2017
Surface Rights Act
SURFACE RIGHTS ACT GENERAL (EXPIRY DATE
EXTENSION) AMENDMENT REGULATION
Filed: November 29, 2017
For information only: Made by the Minister of Environment and Parks
(M.O. 46/2017) on November 17, 2017 pursuant to
section 41 of the Surface Rights
Act.
1 The Surface Rights Act General Regulation
(AR 195/2007) is amended by this Regulation.
Section 16 is amended by striking out "November 30, 2017"
and substituting "November 30, 2019".
--------------------------------
Alberta Regulation 239/2017
Provincial Parks Act
PROVINCIAL PARKS (GENERAL) AMENDMENT REGULATION
Filed: November 29, 2017
For information only: Made by the Minister of Environment and Parks
(M.O. 48/2017) on November 21, 2017 pursuant to
section 12(2) of the Provincial
Parks Act.
1 The Provincial Parks (General) Regulation (AR 102/85) is
amended by this Regulation.
Section 50 is repealed.
Alberta Regulation 240/2017
Water Act
WATER (MINISTERIAL, EXPIRY DATE EXTENSION, 2017)
AMENDMENT REGULATION
Filed: November 29, 2017
For information only: Made by the Minister of Environment and Parks
(M.O. 55/2017) on November 21, 2017 pursuant to
section 169(2) of the Water Act.
1 The Water (Ministerial) Regulation (AR 205/98) is
amended by this Regulation.
Section 76 is amended by striking out "December 1, 2017"
and substituting "December 1, 2019".
--------------------------------
Alberta Regulation 241/2017
Hydro and Electric Energy Act
HYDRO AND ELECTRIC ENERGY (EXPIRY DATE
EXTENSION) AMENDMENT REGULATION
Filed: November 30, 2017
For information only: Made by the Alberta Utilities Commission on November 15,
2017 pursuant to
section 5 of the Hydro and Electric Energy Act.
1 The Hydro and Electric Energy Regulation (AR 409/83) is
amended by this Regulation.
Section 22 is amended by striking out "January 31, 2018"
and substituting "January 31, 2023".