Alberta Gazette — documents gazette 2005 pdf 0930 ii.pdf

documents gazette 2005 pdf 0930 ii.pdf

Alberta — Gazette

Alberta Regulation 157/2005

Environmental Protection and Enhancement Act

ACTIVITIES DESIGNATION AMENDMENT REGULATION

Filed: September 8, 2005

For information only: Made by the Minister of Environment on July 26, 2005 pursuant to sections 85 and 89 of the Environmental Protection and Enhancement Act, RSA 2000 cE-12 and

section 243.1 of the Environmental Protection and Enhancement Act, SA 1992 cE-13.3.

1 The Activities Designation Regulation (AR 276/2003) is amended by this Regulation.

Section 2 is amended

(

a) in subsection (1)

(

i) by adding the following after clause (a):

(a.1) "Class I compost facility" means a waste management facility where waste, not including hazardous waste, is decomposed through a controlled bio-oxidation process, including a thermophilic phase, that results in a stable humus-like material, but does not include

(

i) a residential composter,

(ii) a compost facility that receives only sludge as defined in the Wastewater and Storm Drainage Regulation (AR 119/93),

(iii) a Class II compost facility, or

(iv) a manure storage facility as defined in the Agricultural Operation Practices Act;

(a.2) "Class II compost facility" means a waste management facility where only vegetative matter or manure is decomposed through a controlled bio-oxidation process, including a thermophilic phase, that results in a stable humus-like material, but does not include

(

i) a residential composter, or

(ii) a manure storage facility as defined in the Agricultural Operation Practices Act;

(ii) by repealing clause (

b) and substituting the following:

(b) "combustion unit" means an industrial kiln, an oven, a furnace, a boiler or a process heater;

(iii) by repealing clause (c);

(iv) by adding the following before clause (d):

(c.1) "container" means any portable device which is or was used to store or hold hazardous waste or dangerous goods;

(c.2) "dangerous goods" means a product, substance or organism that is by its nature or by the regulations under the Transportation of Dangerous Goods Act, 1992 (Canada) included in any of the classes listed in the

Schedule to that Act;

(

v) in clause (

d) by adding "or by deepwell injection" after "landfill";

(vi) by repealing clause (h);

(vii) by adding the following after clause (i):

(i.1) "mobile incinerator" means an incinerator that

(

i) is not fixed to any location, and

(ii) is operated at any one location for at total of not more than 365 days in 2 consecutive calendar years;

(viii) in clause (

n) by striking out "inflammable" and substituting "combustible";

(ix) by repealing clause (q);

(

b) in subsection (2)

(

i) in clause (

e) by adding "refined" before "petroleum products";

(ii) by repealing clause (ii) and substituting the following:

(ii) "meat plant" means a plant, including a meat facility as defined in the Meat Inspection Act, that

(

i) processes into saleable products

(

A) fish, molluscs or crustaceans, or

(

B) carcasses or primal cuts of meat,

(ii) annually produces more than

(A) 1500 tonnes live weight of red meat,

(B) 130 tonnes live weight of poultry, or

(C) 130 tonnes of fish,

and

(iii) releases industrial wastewater into the environment;

(iii) in clause (fff) by striking out "storm drainage or";

(iv) by repealing clauses (iii) and (jjj).

Section 3 is amended

(

a) in subsection (1)

(

i) by repealing clause (

a) and substituting the following:

(a) "alternate fuel" means a liquid that

(

i) is capable of being pumped,

(ii) is derived from recyclables,

(iii) has a net heat value equal to or greater than 12 780 kilojoules per kilogram (5500 BTU per pound),

(iv) meets all of the quality limits for the parameters as specified in Table 10-1 of the Code of Practice for Energy Recovery, 2005, published by the Department, as amended or replaced from time to time, and

(

v) may contain, without limitation, one or more of the following substances:

(

A) refined or synthetic petroleum-based oils, including but not limited to, automotive lubricating oil, compressor oil, fuel oil, gear oil or hydraulic oil;

(

B) fuels, including but not limited to, diesel, naphtha, gasoline or kerosene;

(

C) condensate that contains less than 0.2 parts per million of hydrogen sulphide;

(

D) antifreeze;

(

E) glycols;

(

F) alcohols;

(

G) non-halogenated solvents that contain less than 0.2 parts per million of hydrogen sulphide;

(

H) animal or vegetable based oils;

(ii) by adding the following after clause (a):

(a.1) "burning waste as fuel" means the thermal destruction of waste or a recyclable in a thermal converter, combustion unit or space heater for the purposes of producing heat or electricity, but does not include

(

i) the burning of alternate fuel,

(ii) the burning of 4500 litres or less of used oil per year where the used oil

(

A) is generated on-site, and

(

B) is burned in equipment that meets CSA standards,

(iii) an activity that is governed by an authorization issued under the Oil and Gas Conservation Act;

(a.2) "Class I compost facility" means a Class I compost facility as defined in

section 2(1)(a.1);

(iii) by repealing clause (c);

(iv) by adding the following before clause (d):

(c.1) "energy recovery" means

(

i) the production of alternate fuel, or

(ii) burning waste as fuel;

(c.2) "hazardous waste" has the meaning given to it in the Waste Control Regulation (AR 192/96);

(

v) by repealing clause (

d) and substituting the following:

(d) "land treatment" means

(

i) the controlled application of a substance on the land surface and the incorporation of the substance into the upper soil zone,

(ii) the controlled application of soil containing hydrocarbons on the land surface, with or without incorporation of the soil containing hydrocarbons into the upper soil zone, or

(iii) the controlled application of soil containing hydrocarbons onto a man-made surface or containment system,

in such a manner that physical, chemical or biological removal or degradation of the substance or hydrocarbons takes place, but does not include

(iv) the controlled application to land of sludge as defined in the Wastewater and Storm Drainage Regulation (AR 119/93), or

(

v) the controlled application of a substance to land where that activity constitutes an agricultural operation as defined in the Agricultural Operation Practices Act;

(vi) by adding the following after clause (e):

(e.1) "mobile incinerator" means an incinerator that

(

i) is not fixed to any location, and

(ii) is operated at any one location for a total of not more than 365 days in 2 consecutive calendar years;

(vii) in clause (f)(viii) by striking out "oil or fluid" and substituting "oils or fluids";

(viii) by adding the following after clause (f):

(f.1) "production of alternate fuel" means the collection and processing of recyclables to produce alternate fuel, where 10 tonnes or less of recyclables per month are used for that purpose, but does not include an activity that is governed by an authorization issued under the Oil and Gas Conservation Act;

(f.2) "recyclable" means a substance or mixture of substances that is intended to be recycled;

(ix) by repealing clause (

h) and substituting the following:

(h) "small incinerator" means

(

i) a mobile incinerator that, by means of burning under controlled conditions, treats waste that contains

(

A) halogenated organic compounds in an amount of not more than 1000 milligrams per kilogram of waste,

(

B) polychlorinated biphenyls in an amount of not more than 50 milligrams per kilogram of waste,

(

C) lead in an amount of not more than 100 milligrams per kilogram of waste, or

(

D) mercury in an amount of not more than 2 milligrams per kilogram of waste,

and

(ii) an incinerator that, by means of burning under controlled conditions, treats not more than 10 tonnes of waste per month and

(

A) is fixed to one location, or

(

B) is operated at any one location for a total of more than 365 days in 2 consecutive calendar years,

but does not include an incinerator that

(iii) is used by one single-family detached dwelling to burn household waste that is generated only by that household,

(iv) is used for burning kitchen camp wastes at a mining, construction, demolition, drilling or exploration site,

(

v) is used for burning human bodies at a crematory that is licensed under the Cemeteries Act, or

(vi) is governed by an authorization issued under the Oil and Gas Conservation Act;

(

x) by repealing clause (

i) and substituting the following:

(i) "soil containing hydrocarbons" means soil that is contaminated with only gasoline, kerosene, jet fuel or diesel fuel, or any combination of them;

(xi) by adding the following after clause (l):

(m) "waste" means any solid or liquid material or product or combination of them that is intended to be treated or disposed of or that is intended to be stored and then treated or disposed of, but does not include recyclables.

(

b) in subsection (3) by repealing clause (b).

Section 4 is amended

(

a) by repealing clause (

a) and substituting the following:

(a) "Class II compost facility" means a waste management facility where only vegetative matter or manure is decomposed through a controlled bio-oxidation process, including a thermophilic phase, that results in a stable humus-like material, but does not include

(

i) a residential composter, or

(ii) a manure storage facility as defined in the Agricultural Operation Practices Act;

(

b) by adding the following after clause (a):

(a.1) "exploration operation" means any investigation, work or act to determine the presence of coal or oil sands by test drilling, excavation or other means that results in surface disturbance or that may cause an adverse effect, but excludes any exploration operation that is the subject of a permit, licence or approval under the Exploration Regulation (AR 214/98);

Section 9 is amended by adding the following after subsection (2):

(3) A deemed registration referred to in subsection (1)(

b) has no expiry date.

Section 10 is amended by adding the following after subsection (2):

(3) A deemed registration referred to in subsection (1)(

b) has no expiry date.

Section 11 is amended

(

a) in subsection (1)(

c) by striking out "subsection (2)" and substituting "clause (b)";

(

b) by adding the following after subsection (1):

(1.1) Where, before the coming into force of this subsection, a person held a registration that was in respect of an activity listed in clause (a), (b), (d), (

e) or (

f) of Division 1 of

Schedule 2 to this Regulation, that registration has no expiry date.

Schedule 1 is amended

(

a) in Division 1

(

i) in clause (

a) by striking out "is treated" and substituting "are treated";

(ii) in clause (

a) by striking out "or" at the end of subclause (i), by adding "or" at the end of subclause (ii) and by adding the following after subclause (ii):

(iii) an activity listed in

Schedule 2, Division 1;

(iii) by repealing clause (

b) and substituting the following:

(

b) the operation of a mobile incinerator that treats waste that contains

(

i) halogenated organic compounds in an amount of more than 1000 milligrams per kilogram of waste,

(ii) polychlorinated biphenyls in an amount of more than 50 milligrams per kilogram of waste,

(iii) lead in an amount of more than 100 milligrams per kilogram of waste, or

(iv) mercury in an amount of more than 2 milligrams per kilogram of waste;

(iv) by repealing clause (

c) and substituting the following:

(

c) the construction, operation or reclamation of a facility for the collection and processing of waste or recyclables to produce fuel, where more than 10 tonnes of waste or recyclables per month are used to produce the fuel;

(

v) by repealing clause (d);

(vi) by repealing clause (

e) and substituting the following:

(

e) the construction, operation or reclamation of a facility that is engaged in the storage of hazardous recyclables that are generated by a person other than the person responsible for the facility within the meaning of the Waste Control Regulation (AR 192/96), where

(

i) hazardous recyclables are stored at the facility for a continuous period of more than 365 days, or

(ii) more than 10 tonnes of hazardous recyclables are stored at the facility at any one time;

(vii) by repealing clause (

f) and substituting the following:

(

f) the construction, operation or reclamation of a facility that is engaged in the storage of hazardous waste that is generated by a person other than the person responsible for the facility within the meaning of the Waste Control Regulation (AR 192/96), where

(

i) hazardous waste is stored at the facility for a continuous period of more than 365 days, or

(ii) more than 10 tonnes of hazardous waste are stored at the facility at any one time;

(viii) by repealing clause (g);

(ix) in clause (

l) by adding "Class I or Class II" before "compost facility";

(

b) in Division 2 by repealing clause (

g) and substituting the following:

(

g) the construction, operation or reclamation of a wastewater system that uses a wastewater treatment plant other than a wastewater lagoon, and

(

i) that

(

A) serves 2 or more service connections within a city, town, specialized municipality, village, summer village, hamlet, municipal development or settlement area as defined in the Metis Settlements Act,

(

B) is owned by a regional services commission, or

(

C) is a private utility,

(ii) that serves an industrial development or privately owned development and

(

A) discharges treated wastewater off the site of the development, or

(

B) is designed to treat more than 25 cubic metres of wastewater per day;

(

c) in Division 4 in clause (

a) by striking out "(AR 127/93)" and substituting "(AR 43/97)".

Schedule 2 is amended

(

a) in Division 1

(

i) by repealing clause (

d) and substituting the following:

(

d) the construction, operation or reclamation of a facility for energy recovery;

(ii) in clause (

e) by striking out "compost facility" and substituting "Class I compost facility";

(iii) in clause (

f) by striking out "hydrocarbon" and substituting "hydrocarbons";

(

b) in Division 2

(

i) by repealing clauses (

d) and (

e) and substituting the following:

(

d) the construction, operation or reclamation of a wastewater system that uses a wastewater lagoon as the wastewater treatment plant, and

(

i) that

(

A) serves 2 or more service connections within a city, town, specialized municipality, village, summer village, hamlet, municipal development or settlement area as defined in the Metis Settlements Act,

(

B) is owned by a regional services commission, or

(

C) is a private utility,

(ii) that serves an industrial development or privately owned development and

(

A) discharges treated wastewater off the site of the development, or

(

B) is designed to treat more than 25 cubic metres of wastewater per day;

(

e) the construction, operation or reclamation of a wastewater collection system

(

i) that

(

A) serves 2 or more service connections within a city, town, specialized municipality, village, summer village, hamlet, municipal development or settlement area as defined in the Metis Settlements Act,

(

B) is owned by a regional services commission, or

(

C) is a private utility,

(ii) that

(

A) serves an industrial development or privately owned development, and

(

B) is designed to collect more than 25 cubic metres of wastewater per day;

(ii) by repealing the Note following clause (

f) and substituting the following:

NOTE: Clauses (d), (

e) and (

f) do not apply to

(

i) the extension of a storm drainage collection system forming part of a storm drainage system,

(ii) the replacement of a portion of a storm drainage collection system forming part of a storm drainage system,

(iii) the extension of a wastewater collection system forming part of a wastewater system,

(iv) the replacement of a portion of a wastewater collection system forming part of a wastewater system,

(

v) the addition or modification of a storm drainage treatment facility forming part of a storm drainage system,

(vi) irrigation using treated wastewater from a wastewater system, or

(vii) application of sludge from a wastewater system to land,

where the wastewater system or storm drainage system is approved or registered under the Act.

(

c) in Division 3 by repealing clause (a);

(

d) in Division 4 in clause (

a) by striking out "(AR 127/93)" wherever it occurs and substituting "(AR 43/97)".

Schedule 3 is amended by adding the following after clause (b):

(

c) the conduct or reclamation of an exploration operation.

--------------------------------

Alberta Regulation 158/2005

Wildlife Act

WILDLIFE AMENDMENT REGULATION

Filed: September 8, 2005

For information only: Made by the Minister of Sustainable Resource Development (M.O. 46/05) on September 7, 2005 pursuant to sections 12, 23 and 103 of the Wildlife Act.

1 The Wildlife Regulation (AR 143/97) is amended by this Regulation.

Section 11 of

Schedule 15 is amended by striking out "or" at the end of clause (e), by adding ", or" at the end of clause (

f) and by adding the following after clause (f):

(

g) to the hunting of migratory game birds in the area covered by the waters of Wabamun Lake, the islands in that lake and all lands up to 2 miles back from the shores of that lake, lying in townships 52 and 53, range 3, townships 52 and 53, range 4, and townships 52 and 53, range 5, west of the fifth meridian.

--------------------------------

Alberta Regulation 159/2005

Environmental Protection and Enhancement Act

SUBSTANCE RELEASE AMENDMENT REGULATION

Filed: September 8, 2005

For information only: Made by the Lieutenant Governor in Council (O.C. 387/2005) on September 8, 2005 pursuant to sections 38, 86 and 122 of the Environmental Protection and Enhancement Act.

1 The Substance Release Regulation (AR 124/93) is amended by this Regulation.

Section 1(1) is amended

(

a) in clause (

d) by striking out "inflammable" and substituting "combustible";

(

b) in clause (

j) by striking out "inflammable" and substituting "combustible";

(

c) in clause (

n) by striking out "new town," wherever it occurs.

Section 4(1) is amended by adding "or by a code of practice" after "approval".

Section 8(2)(

i) is amended by striking out "the release of particulates from any".

Section 14.1 is repealed and the following is substituted:

Compliance with codes and approvals

14.1(1) A person who, pursuant to a registration, carries on any activity referred to in Column A of the

Schedule to this Regulation shall comply with the corresponding code of practice referred to in Column B of the

Schedule in the carrying on of the activity.

(2) Notwithstanding subsection (1), where the Director issues an approval in respect of the activity pursuant to

section 6(3) of the Activities Designation Regulation (AR 276/2003), the approval holder

(

a) is not required to comply with the code of practice in the Schedule, and

6 The following is added after

section 14.1:

Adoption of codes of practice

14.2 The codes of practice, as amended from time to time, that are listed in Column B of the

Schedule and are published by the Department are adopted and form part of this Regulation.

7 The

Schedule is amended in Column B by striking out "Code of Practice for Discharge of Hydrostatic Test Water from Hydrostatic Testing of Petroleum Liquid and Natural Gas Pipelines" and substituting "Code of Practice for the Release of Hydrostatic Test Water from Hydrostatic Testing of Petroleum Liquid and Gas Pipelines".

--------------------------------

Alberta Regulation 160/2005

Environmental Protection and Enhancement Act

CONSERVATION AND RECLAMATION AMENDMENT REGULATION

Filed: September 8, 2005

For information only: Made by the Lieutenant Governor in Council (O.C. 388/2005) on September 8, 2005 pursuant to sections 38, 86, 122 and 146 of the Environmental Protection and Enhancement Act.

1 The Conservation and Reclamation Regulation (AR 115/93) is amended by this Regulation.

Section 3.1 is amended

(

a) in subsection (2) by striking out "A registration holder who" and substituting "A person who, pursuant to a registration or notice, as applicable,";

(

b) by adding the following after subsection (2):

(3) Notwithstanding subsection (2), where the Director issues an approval in respect of the activity pursuant to

section 6(3) of the Activities Designation Regulation (AR 276/2003), the approval holder

(

a) is not required to comply with the Code of Practice in the Schedule, and

Section 17.1 is amended by adding the following after clause (b):

(

c) an operator that has, or applies for, an approval for the construction, operation or reclamation of an oil production site.

4 The

Schedule is repealed and the following is substituted:

Schedule

COLUMN A

COLUMN B

The conduct or reclamation of an exploration operation.

Code of Practice for Exploration Operations, 2005, published by the Department

The construction, operation or reclamation of a pit that is listed in

Schedule 2, Division 3 of the Activities Designation Regulation.

Code of Practice for Pits, published by the Department

Alberta Regulation 161/2005

Environmental Protection and Enhancement Act

ENVIRONMENTAL PROTECTION AND ENHANCEMENT

(MISCELLANEOUS) AMENDMENT REGULATION

Filed: September 8, 2005

For information only: Made by the Lieutenant Governor in Council (O.C. 389/2005) on September 8, 2005 pursuant to sections 38, 86, 122 and 239 of the Environmental Protection and Enhancement Act.

1 The Environmental Protection and Enhancement (Miscellaneous) Regulation (AR 118/93) is amended by this Regulation.

Section 8.1 is amended

(

a) in subsection (2) by adding ", pursuant to a registration," after "who";

(

b) by adding the following after subsection (6):

(7) Notwithstanding subsection (2), where the Director issues an approval in respect of the activity pursuant to

section 6(3) of the Activities Designation Regulation (AR 276/2003), the approval holder

(

a) is not required to comply with the Code of Practice in the Schedule, and

Section 9 is amended

(

a) in clause (

a) by striking out "or (6)" and substituting ", (6) or (7)";

(

b) in clause (b)

(

i) by adding "(2)," after "5(1),";

(ii) by striking out "or" after "Potable Water Regulation,";

(

c) by adding the following after clause (b):

(b.1)

section 4(1), (3) or (5) or 4.1(2), (3), (4), (5) or (6) of the Release Reporting Regulation (AR 117/93), or

(

d) in clause (

c) by adding ", 4(1) or (2)" after "2".

--------------------------------

Alberta Regulation 162/2005

Environmental Protection and Enhancement Act

WASTE CONTROL AMENDMENT REGULATION

Filed: September 8, 2005

For information only: Made by the Lieutenant Governor in Council (O.C. 390/2005) on September 8, 2005 pursuant to sections 38, 86, 122, 187, 193 and 239 of the Environmental Protection and Enhancement Act.

1 The Waste Control Regulation (AR 192/96) is amended by this Regulation.

Section 1 is amended

(

a) by repealing clause (

e) and substituting the following:

(e) "Class I compost facility" means a waste management facility where waste, not including hazardous waste, is decomposed through a controlled bio-oxidation process, including a thermophilic phase, that results in a stable humus-like material, but does not include

(

i) a residential composter,

(ii) a compost facility that receives only sludge as defined in the Wastewater and Storm Drainage Regulation (AR 119/93),

(iii) a Class II compost facility, or

(iv) a manure storage facility as defined in the Agricultural Operation Practices Act;

(

b) by repealing clause (

f) and substituting the following:

(f) "Class II compost facility" means a waste management facility where only vegetative matter or manure is decomposed through a controlled bio-oxidation process, including a thermophilic phase, that results in a stable humus-like material, but does not include

(

i) a residential composter, or

(ii) a manure storage facility as defined in the Agricultural Operation Practices Act;

(

c) by repealing clause (

g) and substituting the following:

(g) "Class I landfill" means a landfill for the disposal of waste that has

(i) 2 liners of which at least one is a synthetic liner,

(ii) a leachate collection and removal system,

(iii) a leak detection system between the 2 liners, and

(iv) a groundwater monitoring system;

(

d) by repealing clauses (

h) and (i);

(

e) by repealing clause (

k) and substituting the following:

(k) "Class III landfill" means a landfill for the disposal of inert waste;

(

f) by repealing clause (l);

(

g) by repealing clause (

m) and substituting the following:

(m) "container" means any portable device which is or was used to store or hold hazardous waste or dangerous goods;

(

h) by adding the following after clause (m):

(m.1) "dangerous goods" means a product, substance or organism that is by its nature or by the regulations under the Transportation of Dangerous Goods Act, 1992 (Canada) included in any of the classes listed in the

Schedule to that Act;

(

i) by repealing clause (

p) and substituting the following:

(p) "dispose", when used with respect to waste at a landfill or by deepwell injection, means the intentional placement of waste on or in land as its final resting place;

(

j) by repealing clause (

r) and substituting the following:

(r) "farmer" means a person engaged in an agricultural operation as defined in the Agricultural Operation Practices Act;

(

k) by adding the following after clause (w):

(w.1) "inert waste" means solid waste that, when disposed of in a landfill or re-used, is not reasonably expected to undergo physical, chemical or biological changes to such an extent as to produce substances that may cause an adverse effect, and includes, but is not limited to, demolition debris, concrete, asphalt, glass, ceramic materials, scrap metal and dry timber or wood that has not been chemically treated;

(

l) by repealing clause (

y) and substituting the following:

(y) "land treatment" means

(

i) the controlled application of a substance on the land surface and the incorporation of the substance into the upper soil zone,

(ii) the controlled application of soil containing hydrocarbons on the land surface, with or without incorporation of the soil containing hydrocarbons into the upper soil zone, or

(iii) the controlled application of soil containing hydrocarbons onto a man-made surface or containment system,

in such a manner that physical, chemical or biological removal or degradation of the substance or hydrocarbons takes place, but does not include

(iv) the controlled application to land of sludge as defined in the Wastewater and Storm Drainage Regulation (AR 119/93), or

(

v) the controlled application of a substance to land where that activity constitutes an agricultural operation as defined in the Agricultural Operation Practices Act;

(

m) by repealing clause (aa) and substituting the following:

(aa) "liquid", when used with respect to waste, means a waste that has free liquids;

(

n) by repealing clause (ee) and substituting the following:

(ee) "on-site facility" means a facility that is used solely to deal with wastes or recyclables generated on property that is owned, rented or leased by the person responsible for the facility;

(

o) by adding the following after clause (hh):

(hh.1) "soil containing hydrocarbons" means soil that is contaminated with only gasoline, kerosene, jet fuel or diesel fuel, or any combination of them;

(

p) by adding the following after clause (jj):

(jj.1) "TEQ" means dioxin toxic equivalent with respect to the following toxicity equivalency factors:

Congener

Toxicity equivalency factor

2,3,7,8-tetrachloro-dibenzo-p-dioxin

1.000

1,2,3,7,8-pentachloro-dibenzo-p-dioxin

0.500

1,2,3,4,7,8-hexachloro-dibenzo-p-dioxin

0.100

1,2,3,6,7,8-hexachloro-dibenzo-p-dioxin

0.100

1,2,3,7,8,9-hexachloro-dibenzo-p-dioxin

0.100

2,3,7,8-tetrachloro-dibenzofuran

0.100

1,2,3,7,8-pentachloro-dibenzofuran

0.050

2,3,4,7,8-pentachloro-dibenzofuran

0.500

1,2,3,4,7,8-hexachloro-dibenzofuran

0.100

1,2,3,6,7,8-hexachloro-dibenzofuran

0.100

1,2,3,7,8,9-hexachloro-dibenzofuran

0.100

2,3,4,6,7,8-hexachloro-dibenzofuran

0.100

3 The following is added after

section 3:

Generator's duties

3.1 A person who generates hazardous waste or hazardous recyclables shall

(

a) characterize, and

(

b) classify

the hazardous waste or hazardous recyclables prior to consignment for transportation.

Section 4 is repealed and the following is substituted:

Exemption

4 Sections 188 and 191 of the Act do not apply to the consignor or carrier of hazardous waste when the hazardous waste is transported to on-site facilities if the operation is carried out in compliance with the Federal Regulations.

Section 13 is amended by repealing subsections (2) to (4) and substituting the following:

(2) Despite subsection (1), the following solid hazardous waste may be disposed of in a Class I landfill:

(

a) solid hazardous waste containing one or more halogenated organic compounds in a combined concentration less than 1000 milligrams per kilogram, of which no more than 50 milligrams per kilogram is polychlorinated biphenyl;

(

b) solid hazardous waste containing one or more of the following compounds in a combined concentration less than 1000 milligrams per kilogram:

(

i) acetone;

(ii) benzene;

(iii) n-butyl alcohol;

(iv) carbon disulphide;

(

v) cresol and cresylic acid;

(vi) cyclohexanone;

(vii) ethyl acetate;

(viii) ethyl benzene;

(ix) ethyl ether;

(

x) isobutanol;

(xi) methanol;

(xii) methyl ethyl ketone;

(xiii) nitrobenzene;

(xiv) 2-nitropropane;

(xv) pyridine;

(xvi) toluene;

(xvii) xylene;

(

c) solid hazardous waste that ignites, reacts or corrodes according to a test method set out in the Alberta User Guide for Waste Managers, 1996, published by the Department, as amended from time to time, that describes ignitable, reactive or corrosive hazardous waste, provided that those substances or mixtures of substances are not liable to ignite, propagate combustion, react or corrode under the conditions of disposal;

(

d) solid hazardous waste producing a waste extract in which the concentration of each of the following substances, if present, is less than the following value:

(

i) arsenic: 500 mg/L;

(ii) beryllium: 100 mg/L;

(iii) cadmium: 100 mg/L;

(iv) chromium (VI): 500 mg/L;

(

v) lead: 500 mg/L;

(vi) mercury: 20 mg/L;

(vii) nickel: 500 mg/L;

(viii) selenium: 200 mg/L;

(ix) silver: 100 mg/L;

(

x) thallium: 200 mg/L;

(

e) solid hazardous waste with a pH greater than 12.5.

Section 14 is repealed and the following is substituted:

Codes of practice

14(1) The Codes of Practice listed in Column B of

Schedule 4 to this Regulation are adopted pursuant to

section 38 of the Act and form part of this Regulation.

(2) A person who, pursuant to a registration, carries on any activity referred to in Column A of

Schedule 4 to this Regulation shall comply with the corresponding Code of Practice referred to in Column B of that

Schedule in the carrying on of that activity.

(3) Notwithstanding subsection (2), where the Director issues an approval in respect of the activity pursuant to

section 6(3) of the Activities Designation Regulation (AR 276/2003), the approval holder

(

a) is not required to comply with the Codes of Practice in

Schedule 4, and

Section 19(

a) is repealed and the following is substituted:

(

a) meet the requirements for the shipping document for dangerous goods specified in the Federal Regulations, and

Section 23(2)(

c) is repealed and the following is substituted:

(

c) inert waste used for reclamation.

Section 26 is repealed and the following is substituted:

Burning

26 No person shall burn or permit burning at a waste management facility unless

(

a) the burning is conducted in accordance with the Substance Release Regulation (AR 124/93),

(

b) the burning is done in an area that is

(

i) constructed with a fire break consisting of barren mineral soil,

(ii) located so that is separated from disposal operations, storage compounds and buildings, and

(iii) supervised at the time of burning,

and

(

c) the person responsible for the waste management facility has notified

(

i) the local authorities,

(ii) all adjoining property owners,

(iii) the Director, and

(iv) the local fire department

at least 7 days prior to the date of the burning, informing them of the proposed burning and the date on which the proposed burning is to take place.

Section 38 is amended by striking out "Class II".

Section 42 is amended

(

a) by adding "3.1" after "sections";

(

b) by striking out "and 41" and substituting "or 41".

Section 1 of

Schedule 1 is amended

(

a) by striking out "according to test methods prescribed by the Director," and substituting "according to a test method set out in the Alberta User Guide for Waste Managers, 1996, published by the Department, as amended from time to time, or a test method authorized in writing by the Director,";

(

b) in clause (

a) by striking out "61" and substituting "or equal to 60.5";

(

c) in clause (

d) by repealing subclause (

i) and substituting the following:

(

i) has a rat oral toxicity LD50 not greater than 200 mg/kg, if a solid, or 500 mg/kg, if a liquid,

Schedule 2 is amended

(

a) in

section 1(

d) by striking out "Atomic Energy Control Act (Canada)" and substituting "Nuclear Safety and Control Act (Canada)";

(

b) in

section 2 by striking out "Schedule 1 of " and substituting "section 1 of".

Schedule 4 is repealed and the following is substituted:

Schedule 4

COLUMN A

COLUMN B

The construction, operation or reclamation of a small incinerator as set out in clause (

b) of

Schedule 2, Division 1 of the Activities Designation Regulation (AR 276/2003).

Code of Practice for Small Incinerators, 2005, published by the Department.

The construction, operation or reclamation of a fixed facility for the land treatment of soil containing hydrocarbons as set out in clause (

f) of

Schedule 2, Division 1 of the Activities Designation Regulation (AR 276/2003).

Code of Practice for Land Treatment of Soil Containing Hydrocarbons, 2005, published by the Department.

The construction, operation or reclamation of a facility for energy recovery by the production of alternate fuel or the burning of waste as fuel, as set out in clause (

d) of

Schedule 2, Division 1 of the Activities Designation Regulation (AR 276/2003).

Code of Practice for Energy Recovery, 2005, published by the Department.

Alberta Regulation 163/2005

Environmental Protection and Enhancement Act

ADMINISTRATIVE PENALTY AMENDMENT REGULATION

Filed: September 8, 2005

For information only: Made by the Lieutenant Governor in Council (O.C. 391/2005) on September 8, 2005 pursuant to

section 239 of the Environmental Protection and Enhancement Act.

1 The Administrative Penalty Regulation (AR 23/2003) is amended by this Regulation.

2 The

Schedule is amended

(

a) in item 1

(

i) by striking out "88, " and substituting "83.1, 88, 88.1, 88.2,";

(ii) by adding "138," after "137,";

(

b) in item 3 by adding "3.1(2), (3)" after "3(2),";

(

c) in item 6 by striking out "23(1), (2)" and substituting "23(2),";

(

d) by repealing item 8 and substituting the following:

8 Potable Water Regulation (AR 277/2003)

- sections 2, 3, 4(1), (2), (4), 5, 6(1), (3), 7(1), (3), 8, 9, 10, 11, 12, 13, 14, 16, 17(1), (2), (3), (5).

(

e) by adding the following after item 8:

8.1 Release Reporting Regulation (AR 117/93)

- sections 4(1), (3), (5), 4.1(2), (3), (4), (5), (6).

(

f) by repealing item 11 and substituting the following:

11 Waste Control Regulation (AR 192/96)

- sections 3.1, 6, 7, 8, 9, 10, 11(1), (2), 12(3), (4), (5), (6), 13(1), 14(2), (3), 15(1), (2), 16, 18(1), (2), 19, 20, 21, 23(1), 24(1), (2), (5), (6), 25(1), (3), 26, 37, 39(2), (3), 41(2).

(

g) by repealing item 12 and substituting the following:

12 Wastewater and Storm Drainage Regulation (AR 119/93)

- sections 3, 3.2(1), (4), (5), 4, 5(1), (1.1), (3), 5.1, 6, 6.1(1), (3), 6.2, 7(1), 8(1), (3), (5), (6), (7), 9(1), (3), (5), (6), (7), 9.1(1).

(

h) by repealing item 13 and substituting the following:

13 Wastewater and Storm Drainage (Ministerial) Regulation (AR 120/93)

- sections 2, 4, 5(1), (2), (5).

(

i) by adding the following after item 13:

14 Environmental Protection and Enhancement (Miscellaneous) Regulation (AR 118/93)

section 8.1(2), (5), (6), (7).

--------------------------------

Alberta Regulation 164/2005

Water Act

WATER (OFFENCES AND PENALTIES) AMENDMENT REGULATION

Filed: September 8, 2005

For information only: Made by the Lieutenant Governor in Council (O.C. 392/2005) on September 8, 2005 pursuant to

section 169 of the Water Act.

1 The Water (Offences and Penalties) Regulation (AR 193/98) is amended by this Regulation.

Section 2(2) is amended by striking out "3(1) or (2)" and substituting "3".

Alberta Regulation 165/2005

Labour Relations Code

CONSTRUCTION INDUSTRY LABOUR RELATIONS REGULATION

Filed: September 8, 2005

For information only: Made by the Lieutenant Governor in Council (O.C. 393/2005) on September 8, 2005 pursuant to

section 163 of the Labour Relations Code.

Definitions

1 In this Regulation,

(a) "Code" means the Labour Relations Code;

(b) "General Construction" means construction within the meaning of the Code, excluding Pipeline Construction, Roadbuilding and Heavy Construction and Specialty Construction;

(c) "Specialty Construction" means non-destructive testing work and work in respect of crane rental in the construction industry.

Sectors established

2 The following sectors of the construction industry are established for the purposes of

section 163(3) of the Code:

(

a) Pipeline Construction;

(

b) Roadbuilding and Heavy Construction;

(

c) General Construction;

(

d) Specialty Construction.

Repeal

3 The Construction Industry Transitional Regulation (AR 342/88) is repealed.

Expiry

4 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, 2015.

Alberta Regulation 166/2005

Professional and Occupational Associations Registration Act

CERTIFIED MANAGEMENT CONSULTANTS REGULATION

Filed: September 8, 2005

For information only: Approved by the Lieutenant Governor in Council (O.C. 394/2005) on September 8, 2005 pursuant to

section 14 of the Professional and Occupational Associations Registration Act and made by the Institute of Certified Management Consultants of Alberta.

Table of Contents

Definitions

2 Registration Committee

3 Registers

4 Powers and duties of Registration Committee

5 Registration as member

6 Registration as Fellow

7 Registration as prospective member

8 Review of application

9 Certificate of registration

10 Payment of fee

11 Practice Review Committee

12 Powers of Practice Review Committee

13 Reports and recommendations

14 Discipline Committee

15 Costs

16 Cancellation and suspension

17 Cancellation on request

18 Non-payment of fees, etc.

19 Registration in error

20 Use of title

21 Code of ethics

22 Transitional

23 Repeal

Schedule

Definitions

1 In this Regulation,

(a) "Act" means the Professional and Occupational Associations Registration Act;

(b) "Board" means the Board of Directors of the Institute established under the bylaws;

(c) "Discipline Committee" means the Discipline Committee established pursuant to

section 14;

(d) "engaged in the practice of management consulting" means engaged in the practice of management consulting for at least 1200 hours per year;

(e) "Fellow Certified Management Consultant" means a member whose name is entered in the register of Fellow Certified Management Consultants;

(f) "Institute" means the Institute of Certified Management Consultants of Alberta;

(g) "Institute Registrar" means the Registrar of the Institute appointed under the bylaws;

(h) "management consultant" means an individual who

(

i) investigates and identifies management issues related to an organization's policies and organization,

(ii) analyses and recommends appropriate activities with respect to those management issues, and

(iii) implements the appropriate actions if required;

(i) "member" means a person whose name is entered in the register of Certified Management Consultants;

(j) "Practice Review Committee" means the Practice Review Committee established pursuant to

section 11;

(k) "prospective member" means a person whose name is entered in the register of prospective members;

(l) "reciprocal institute" means an institute or other organization in another province or territory or in another country that is, in the opinion of the Board, equivalent to the Institute;

(m) "registered member" means a prospective member, a member or a Fellow Certified Management Consultant;

(n) "Registration Committee" means the Registration Committee established pursuant to

section 2.

Registration Committee

2(1) The Registration Committee is established consisting of the following persons appointed by the Board:

(

a) one registered member who is a member of the Board;

(

b) up to 5 registered members who are not members of the Board, one of whom the Board must appoint as chair.

(2) The Registration Committee must meet at the call of the chair.

(3) The quorum at a meeting of the Registration Committee is a majority of its members.

Registers

3(1) The Institute Registrar must maintain, in accordance with this Regulation and the bylaws,

(

a) a register of Certified Management Consultants,

(

b) a register of Fellow Certified Management Consultants, and

(

c) a register of prospective members.

(2) The Institute Registrar must enter in the appropriate register

(

a) the name of an individual who has paid the fee prescribed by the bylaws and whose registration has been approved by the Board or the Registration Committee, and

(

b) the business address of that individual.

Powers and duties of Registration Committee

4(1) The Registration Committee must consider applications from persons to become registered members of the Institute in accordance with this Regulation and the bylaws and may

(

a) approve the registration,

(

b) refuse to approve the registration,

(

c) defer approval until the applicant has successfully completed examinations or coursework as required by the Registration Committee, or

(

d) defer approval until the applicant has successfully completed the type and term of work experience as required by the Registration Committee in order to meet the requirements of

section 5.

(2) The Registration Committee must send a written notice of any decision made by it to the applicant.

(3) If the decision made by the Registration Committee is to refuse the registration of the applicant, written reasons for the decision must be sent to the applicant.

Registration as member

5(1) An applicant who

(

a) has been engaged in management consulting for 3600 hours with a minimum of 1200 hours in a 12-month period immediately preceding the date of application,

(

b) produces documentation satisfactory to the Registration Committee that shows that the applicant has completed the certification program prescribed by the Institute, and

(

c) provides evidence of good character and reputation

is entitled to be registered as a member.

(2) Notwithstanding section (1), an applicant who satisfies the Registration Committee

(

a) that the applicant has a combination of education, experience, examinations or other qualifications that demonstrate the competence required for registration, or

(

b) that the applicant is registered in good standing with a profession in another jurisdiction recognized by the Registration Committee as having substantively equivalent competence and practice requirements

is entitled to be registered as a member.

Registration as Fellow

6 A member

(

a) who has contributed outstanding service to the profession of management consulting and to the community, and

(

b) whose nomination has been approved by a process satisfactory to the Board

is entitled to be registered as a Fellow Certified Management Consultant.

Registration as prospective member

7(1) An applicant who

(

a) has been primarily engaged in management consulting for 600 hours during the 24 months immediately preceding the date of application,

(

b) produces documentation satisfactory to the Registration Committee that shows acceptable academic qualifications and work experience qualifications, and

(

c) provides evidence of good character and reputation

is entitled to be registered as a prospective member.

(2) Notwithstanding subsection (1), an applicant who

(

a) is the equivalent to a prospective member in good standing with a reciprocal institute, and

(

b) produces documentation satisfactory to the Registration Committee that shows acceptable academic qualifications and work experience qualifications

is entitled to be registered as a prospective member.

(3) A person may not remain in the register of prospective members for longer than 11 years.

(4) Despite subsection (3), the Registration Committee may extend the total period of time a person may remain in the register of prospective members.

Review of application

8(1) An applicant whose application for registration is refused by the Registration Committee may, by notice in writing served on the Institute Registrar within 30 days of receiving a notice of refusal and the reasons for it, appeal the refusal.

(2) The notice of appeal must set out the reasons why, in the applicant's opinion, the application for registration should be approved.

(3) An applicant who appeals a decision of the Registration Committee under this

section

(

a) must be notified in writing by the Institute Registrar of the date, place and time that the Board is to hear the appeal, and

(

b) is entitled to appear with counsel or an agent and make representations to the Board when it hears the appeal.

(4) A member of the Registration Committee who is also a member of the Board may participate in the appeal but may not vote on a decision of the Board under this section.

(5) On hearing an appeal under this section, the Board may make any decision the Registration Committee may make and must notify the applicant of its decision.

Certificate of registration

9 On entering the name of a registered member in the appropriate register, the Institute Registrar must issue proof of registration to that person.

Payment of fee

10(1) A registered member must pay the annual fee prescribed by the bylaws to the Institute Registrar or to any person authorized by the Institute Registrar to accept payment of the fee.

(2) Registered members who have not renewed their registration by the annual renewal date must pay the late renewal fee prescribed by the bylaws to the Institute Registrar or to any person authorized by the Institute to accept payment of the fee.

Practice Review Committee

11(1) The Practice Review Committee is established consisting of the following persons appointed by the Board:

(

a) one registered member who is a member of the Board;

(

b) up to 5 registered members who are not members of the Board, one of whom the Board must appoint as chair.

(2) The Practice Review Committee must meet at the call of the chair.

(3) The quorum at a meeting of the Practice Review Committee is a majority of its members.

Powers of Practice Review Committee

12 The Practice Review Committee may, on its own initiative, and must, at the request of the Board, inquire into and report to and advise the Board in respect of

(

a) the assessment and development of educational standards and experience requirements for registration as a member, generally,

(

b) any other matter that the Board considers necessary or appropriate in connection with the exercise of its powers and the performance of its duties in relation to competence in the practice of management consulting under this Regulation, and

(

c) the practice of management consulting generally.

Reports and recommendations

13 After each inquiry or review under

section 12, the Practice Review Committee must make a written report to the Board on the inquiry or review and, where appropriate,

(

a) may make recommendations, together with reasons, to the Board regarding the matter inquired into or reviewed,

(

b) may make recommendations, together with reasons, as to a member's conduct in the practice of management consulting, and

(

c) must, if it is of the opinion that the conduct of a registered member constitutes or may constitute either unskilled practice of the profession or professional misconduct within the meaning of

section 19 of the Act, forthwith submit the matter to the chair of the Discipline Committee in writing as a complaint in accordance with

section 20 of the Act.

Discipline Committee

14(1) The Discipline Committee is established consisting of the following persons appointed by the Board:

(

a) one registered member who is a member of the Board;

(

b) up to 5 registered members who are not members of the Board, one of whom the Board must appoint as chair.

(2) The Discipline Committee must meet at the call of the chair.

(3) The quorum at a meeting of the Discipline Committee is a majority of its members.

Costs

15(1) The Discipline Committee, with respect to hearings before it, and the Board, with respect to reviews by it, may order the investigated person to pay the following costs:

(

a) the fee payable to the counsel advising the Discipline Committee or Board at the hearing or review and the fee payable to the counsel acting in a prosecutory role at the hearing or review;

(

b) the cost of recording the evidence and preparing transcripts;

(

c) the expenses of the members constituting the Discipline Committee, including, without limitation, the daily allowances of those members;

(

d) any other expenses incurred by the Institute that are incidental to the hearing or review.

(2) If the Board determines under

section 22(3)(

a) of the Act that a complaint is frivolous or vexatious, it may order the complainant to pay the following costs:

(

a) the fee payable to the counsel advising the Board at any hearing held by the Board;

(

b) any other expenses incurred by the Institute that are incidental to any hearing held by the Board.

Cancellation and suspension

16(1) The registration of a registered member is cancelled or suspended when the decision to cancel or suspend the registration is made in accordance with the Act or this Regulation.

(2) The Institute Registrar must enter a memorandum of the cancellation or suspension of the registration in the appropriate register indicating

(

a) the date of the cancellation or suspension,

(

b) the period of the suspension, and

(

c) the nature of any finding under

Part 3 of the Act.

(3) If the registration of a registered member is cancelled, that person must, on request, surrender to the Institute Registrar all documents relating to the registration.

Cancellation on request

17 The Institute Registrar may not cancel the registration of a registered member at the request of the registered member unless the request for cancellation is approved by the Board.

Non-payment of fees, etc.

18(1) The Board must direct the Institute Registrar to suspend or cancel the registration of a registered member who is in default of payment of annual fees, penalties, costs or any other fees, dues or levies payable under the Act, this Regulation or the bylaws after the expiration of 60 days following the service on that person of a written notice by the Board, unless that person complies with the notice.

(2) The notice under subsection (1) must state that the Institute Registrar must suspend or cancel the registration unless the fees, penalties, costs, dues or levies are paid as indicated in the notice.

(3) Despite subsection (1), the Board may, for reasons satisfactory to the Board, delay directing the Institute Registrar to suspend or cancel.

Registration in error

19 The Board must direct the Institute Registrar to cancel the registration of any person that is entered in error in a register.

Use of title

20(1) A member may, in accordance with the Act, use the title Certified Management Consultant and the abbreviations C.M.C. and CMC, designated under an order under

section 9 of the Act.

(2) A Fellow Certified Management Consultant may, in accordance with the Act, use the title and abbreviations referred to in subsection (1) and Fellow Certified Management Consultant and the abbreviations F.C.M.C. and FCMC, designated under an order under

section 9 of the Act.

Code of ethics

21 The code of ethics of the Institute is the code of ethics in the Schedule.

Transitional

22 On the coming into force of this Regulation, the Institute Registrar must enter in the appropriate register the name of the persons who are registered on the register of regular members, register of prospective members and register of Fellow Certified Management Consultants under the Certified Management Consultants Regulation (AR 61/91).

Repeal

23 The Certified Management Consultants Regulation (AR 61/91) is repealed.

Schedule

Code of Ethics

1 A registered member must behave in a professional, ethical and responsible manner.

2 A registered member must act in accordance with the applicable legislation and laws.

3 A registered member is liable to suspension or cancellation from membership if that member has behaved in a manner unbecoming to the profession, as determined by the Discipline Committee or the Institute's governing body.

4 A registered member must keep informed of the complete Code of Professional Conduct and the profession's common body of knowledge.

5 A registered member must recognize that the self-disciplinary nature of the profession is a privilege and that the member has a responsibility to merit retention of this privilege and therefore a registered member must report incompetent, illegal and unethical conduct by another registered member to the appropriate authority.

6 A registered member is responsible for the safe working conditions, and safety in designing and operation in an installation, for people under the member's supervision.

7 A registered member must behave in a manner that maintains the good reputation of the profession and its ability to serve the public interest.

8 A registered member must act in the best interests of the client, providing professional services with integrity, objectivity and independence.

9 A registered member must correct any deficiency, if the deficiency fails to meet the contract.

10 Subject to

section 2, a registered member must treat all client information as confidential and keep all prices and information confidential, disclosing pertinent information only to a bidding party or the contractual party.

11 A registered member must acknowledge the value of education and continually seek further knowledge, innovation and advanced technologies in new products, business procedures and all matters that enhance the reputation of the profession.

12 A registered member must not adopt any method of obtaining business that detracts from the professional image of the Institute or its registered members.

13 A registered member must, before accepting an assignment, reach a mutual understanding with the client as to the assignment objectives, scope, work plan and costs.

14 A registered member must refrain from serving a client under terms or conditions that impair independence and a member must reserve the right to withdraw from the assignment if it occurs.

--------------------------------

Alberta Regulation 167/2005

Forests Act

FOREST RESOURCES IMPROVEMENT AMENDMENT REGULATION

Filed: September 8, 2005

For information only: Made by the Lieutenant Governor in Council (O.C. 398/2005) on September 8, 2005 pursuant to

section 4 of the Forests Act.

1 The Forest Resources Improvement Regulation (AR 152/97) is amended by this Regulation.

Schedule 1 is repealed and the following is substituted:

Schedule 1

Maximum Timber Dues Adjustment

for Coniferous Timber

The maximum adjustment of timber dues under

Schedule 3 of the TMR for coniferous timber is the rate set out in Column 2 of Parts A and B of this

Schedule that is opposite the range of prices set out in Column 1 of Parts A and B of this

Schedule for the reduced average price for that timber calculated in accordance with

Schedule 3 of the TMR.

Part A

For First 107 296 Cubic Metres of Roundwood in respect of which the Dues Determination Activity occurs during May 1 to April 30

Column 1

Random Lengths Price

in $ per 1000 Board Feet

Column 2

Maximum Timber Dues Adjustment per Cubic Metre of Roundwood

$0.01

$436.00

$0.00

436.01

448.50

0.26

448.51

461.00

0.50

461.01

473.50

0.75

473.51

486.00

0.99

486.01

498.50

1.26

498.51

511.00

1.56

511.01

523.50

1.85

523.51

536.00

2.15

536.01

548.50

2.47

548.51

561.00

2.81

561.01

573.50

3.15

573.51

586.00

3.49

586.01

598.50

3.86

598.51

611.00

4.25

611.01

623.50

4.65

623.51

636.00

5.04

636.01

648.50

5.46

648.51

661.00

5.90

661.01

673.50

6.34

673.51

686.00

6.78

686.01

698.50

7.24

698.51

711.00

7.73

711.01

723.50

8.22

723.51

736.00

8.71

736.01

748.50

9.20

748.51

761.00

9.69

761.01

773.50

10.18

773.51

786.00

10.67

786.01

798.50

11.16

798.51

811.00

11.65

811.01

823.50

12.14

823.51

836.00

12.63

836.01

848.50

13.12

848.51

861.00

13.61

861.01

873.50

14.10

873.51

886.00

14.59

886.01

898.50

15.08

898.51

911.00

15.57

911.01

923.50

16.06

923.51

936.00

16.55

936.01

948.50

17.04

948.51

961.00

17.53

961.01

973.50

18.02

973.51

986.00

18.51

986.01

998.50

19.00

998.51

1011.00

19.49

1011.01

1023.50

19.98

1023.51

1036.00

20.47

1036.01

1048.50

20.96

1048.51

1061.00

21.45

1061.01

1073.50

21.94

1073.51

1086.00

22.43

1086.01

1098.50

22.92

1098.51

1111.00

23.41

1111.01

1123.50

23.90

1123.51

1136.00

24.39

1136.01

1148.50

24.88

1148.51

1161.00

25.37

1161.01

1173.50

25.86

1173.51

1186.00

26.35

1186.01

1198.50

26.84

1198.51

1211.00

27.33

1211.01

1223.50

27.82

1223.51

1236.00

28.31

1236.01

1248.50

28.80

1248.51

1261.00

29.29

1261.01

1273.50

29.78

1273.51

1286.00

30.27

1286.01

1298.50

30.76

1298.51

1311.00

31.25

1311.01

1323.50

31.74

1323.51

1336.00

32.23

1336.01

1348.50

32.72

1348.51

1361.00

33.21

1361.01

1373.50

33.70

1373.51

1386.00

34.19

1386.01

1398.50

34.68

1398.51

1411.00

35.17

1411.01

1423.50

35.66

1423.51

1436.00

36.15

1436.01

1448.50

36.64

1448.51

1461.00

37.13

1461.01

1473.50

37.62

1473.51

1486.00

38.11

1486.01

1498.50

38.60

1498.51

1511.00

39.09

1511.01

1523.50

39.58

1523.51

1536.00

40.07

1536.01

1548.50

40.56

1548.51

1561.00

41.05

1561.01

1573.50

41.54

1573.51

1586.00

42.03

1586.01

1598.50

42.52

1598.51

1611.00

43.01

1611.01

1623.50

43.50

1623.51

1636.00

43.99

1636.01

1648.50

44.48

1648.51

1661.00

44.97

1661.01

1673.50

45.46

1673.51

1686.00

45.95

1686.01

1698.50

46.44

1698.51

1711.00

46.93

1711.01

1723.50

47.42

1723.51

1736.00

47.91

1736.01

1748.50

48.40

1748.51

1761.00

48.89

1761.01

1773.50

49.38

1773.51

1786.00

49.87

1786.01

1798.50

50.36

1798.51

1811.00

50.85

1811.01

1823.50

51.34

1823.51

1836.00

51.83

1836.01

1848.50

52.32

Part B

Excess over 107 296 Cubic Metres of Roundwood in respect of which the Dues Determination Activity occurs during May 1 to April 30

Column 1

Random Lengths Price

in $ per 1000 Board Feet

Column 2

Maximum Timber Dues Adjustment per Cubic Metre of Roundwood

$0.01

$385.00

$0.00

385.01

397.50

0.26

397.51

410.00

0.50

410.01

422.50

0.75

422.51

435.00

0.99

435.01

447.50

1.26

447.51

460.00

1.56

460.01

472.50

1.85

472.51

485.00

2.15

485.01

497.50

2.47

497.51

510.00

2.81

510.01

522.50

3.15

522.51

535.00

3.49

535.01

547.50

3.86

547.51

560.00

4.25

560.01

572.50

4.65

572.51

585.00

5.04

585.01

597.50

5.46

597.51

610.00

5.90

610.01

622.50

6.34

622.51

635.00

6.78

635.01

647.50

7.24

647.51

660.00

7.73

660.01

672.50

8.22

672.51

685.00

8.71

685.01

697.50

9.20

697.51

710.00

9.69

710.01

722.50

10.18

722.51

735.00

10.67

735.01

747.50

11.16

747.51

760.00

11.65

760.01

772.50

12.14

772.51

785.00

12.63

785.01

797.50

13.12

797.51

810.00

13.61

810.01

822.50

14.10

822.51

835.00

14.59

835.01

847.50

15.08

847.51

860.00

15.57

860.01

872.50

16.06

872.51

885.00

16.55

885.01

897.50

17.04

897.51

910.00

17.53

910.01

922.50

18.02

922.51

935.00

18.51

935.01

947.50

19.00

947.51

960.00

19.49

960.01

972.50

19.98

972.51

985.00

20.47

985.01

997.50

20.96

997.51

1010.00

21.45

1010.01

1022.50

21.94

1022.51

1035.00

22.43

1035.01

1047.50

22.92

1047.51

1060.00

23.41

1060.01

1072.50

23.90

1072.51

1085.00

24.39

1085.01

1097.50

24.88

1097.51

1110.00

25.37

1110.01

1122.50

25.86

1122.51

1135.00

26.35

1135.01

1147.50

26.84

1147.51

1160.00

27.33

1160.01

1172.50

27.82

1172.51

1185.00

28.31

1185.01

1197.50

28.80

1197.51

1210.00

29.29

1210.01

1222.50

29.78

1222.51

1235.00

30.27

1235.01

1247.50

30.76

1247.51

1260.00

31.25

1260.01

1272.50

31.74

1272.51

1285.00

32.23

1285.01

1297.50

32.72

1297.51

1310.00

33.21

1310.01

1322.50

33.70

1322.51

1335.00

34.19

1335.01

1347.50

34.68

1347.51

1360.00

35.17

1360.01

1372.50

35.66

1372.51

1385.00

36.15

1385.01

1397.50

36.64

1397.51

1410.00

37.13

1410.01

1422.50

37.62

1422.51

1435.00

38.11

1435.01

1447.50

38.60

1447.51

1460.00

39.09

1460.01

1472.50

39.58

1472.51

1485.00

40.07

1485.01

1497.50

40.56

1497.51

1510.00

41.05

1510.01

1522.50

41.54

1522.51

1535.00

42.03

1535.01

1547.50

42.52

1547.51

1560.00

43.01

1560.01

1572.50

43.50

1572.51

1585.00

43.99

1585.01

1597.50

44.48

1597.51

1610.00

44.97

1610.01

1622.50

45.46

1622.51

1635.00

45.95

1635.01

1647.50

46.44

1647.51

1660.00

46.93

1660.01

1672.50

47.42

1672.51

1685.00

47.91

1685.01

1697.50

48.40

1697.51

1710.00

48.89

1710.01

1722.50

49.38

1722.51

1735.00

49.87

1735.01

1747.50

50.36

1747.51

1760.00

50.85

1760.01

1772.50

51.34

1772.51

1785.00

51.83

1785.01

1797.50

52.32

3 This Regulation comes into force on January 1, 2006.

--------------------------------

Alberta Regulation 168/2005

Forests Act

TIMBER MANAGEMENT AMENDMENT REGULATION

Filed: September 8, 2005

For information only: Made by the Lieutenant Governor in Council (O.C. 399/2005) on September 8, 2005 pursuant to

section 4 of the Forests Act.

1 The Timber Management Regulation (AR 60/73) is amended by this Regulation.

Section 39(3)(

a) is amended by striking out "$1.40" and substituting "$1.90".

Section 81 is amended

(

a) in subsection (2) by striking out "$0.70" and substituting "$0.95";

(

b) in subsection (3) by striking out "the base rate" and substituting "$0.76 per cubic metre of roundwood";

(

c) in subsection (4)(

b) by striking out "above" and substituting "smaller in diameter than";

(

d) in subsections (6), (7) and (8) by striking out "$0.70" and substituting "$0.95";

(

e) in subsections (9) and (10) by striking out "$1.40" and substituting "$1.90".

Section 81.1(3) is amended by striking out "the base rate" and substituting "$0.76 per cubic metre of roundwood".

Section 81.3(4)(

a) is amended by striking out "$1.40" and substituting "$1.90".

6 Sections 82(2)(

b) and 87(3)(

b) are amended by striking out "above" and substituting "smaller in diameter than".

Section 89.2 is amended

(

a) in subsection (3) by striking out "the base rate" and substituting "$0.76 per cubic metre of roundwood";

(

b) in subsection (4)(

b) by striking out "above" and substituting "smaller in diameter than".

Section 142.5(4)(

b) is amended by striking out "above" and substituting "smaller in diameter than".

9 The following is added after

section 175:

176 For the purpose of ensuring that timber dues for coniferous timber are reviewed to reflect current market and financial conditions, the Minister shall delegate to an employee of the Minister's Department the authority to review the following by September 1, 2007, and at least once every 3 years, thereafter:

section 39;

section 81;

section 92;

the Table in

Schedule 3.

10 The Table in

Schedule 3 is repealed and the following is substituted:

Table

Part A

For First 107 296 Cubic Metres of Roundwood in respect of which the Dues Determination Activity occurs during May 1 to April 30

Column 1

Random Lengths Price

in $ per 1000 Board Feet

Column 2

Timber Dues Payable per Cubic Metre of Roundwood

$0.01

$386.00

$1.90

386.01

398.50

2.15

398.51

411.00

2.65

411.01

423.50

3.15

423.51

436.00

3.64

436.01

448.50

4.28

448.51

461.00

4.89

461.01

473.50

5.51

473.51

486.00

6.12

486.01

498.50

6.80

498.51

511.00

7.54

511.01

523.50

8.27

523.51

536.00

9.01

536.01

548.50

9.81

548.51

561.00

10.67

561.01

573.50

11.53

573.51

586.00

12.39

586.01

598.50

13.32

598.51

611.00

14.30

611.01

623.50

15.29

623.51

636.00

16.27

636.01

648.50

17.31

648.51

661.00

18.42

661.01

673.50

19.53

673.51

686.00

20.64

686.01

698.50

21.80

698.51

711.00

23.03

711.01

723.50

24.26

723.51

736.00

25.49

736.01

748.50

26.72

748.51

761.00

27.95

761.01

773.50

29.18

773.51

786.00

30.41

786.01

798.50

31.64

798.51

811.00

32.87

811.01

823.50

34.10

823.51

836.00

35.33

836.01

848.50

36.56

848.51

861.00

37.79

861.01

873.50

39.02

873.51

886.00

40.25

886.01

898.50

41.48

898.51

911.00

42.71

911.01

923.50

43.94

923.51

936.00

45.17

936.01

948.50

46.40

948.51

961.00

47.63

961.01

973.50

48.86

973.51

986.00

50.09

986.01

998.50

51.32

998.51

1011.00

52.55

1011.01

1023.50

53.78

1023.51

1036.00

55.01

1036.01

1048.50

56.24

1048.51

1061.00

57.47

1061.01

1073.50

58.70

1073.51

1086.00

59.93

1086.01

1098.50

61.16

1098.51

1111.00

62.39

1111.01

1123.50

63.62

1123.51

1136.00

64.85

1136.01

1148.50

66.08

1148.51

1161.00

67.31

1161.01

1173.50

68.54

1173.51

1186.00

69.77

1186.01

1198.50

71.00

1198.51

1211.00

72.23

1211.01

1223.50

73.46

1223.51

1236.00

74.69

1236.01

1248.50

75.92

1248.51

1261.00

77.15

1261.01

1273.50

78.38

1273.51

1286.00

79.61

1286.01

1298.50

80.84

1298.51

1311.00

82.07

1311.01

1323.50

83.30

1323.51

1336.00

84.53

1336.01

1348.50

85.76

1348.51

1361.00

86.99

1361.01

1373.50

88.22

1373.51

1386.00

89.45

1386.01

1398.50

90.68

1398.51

1411.00

91.91

1411.01

1423.50

93.14

1423.51

1436.00

94.37

1436.01

1448.50

95.60

1448.51

1461.00

96.83

1461.01

1473.50

98.06

1473.51

1486.00

99.29

1486.01

1498.50

100.52

1498.51

1511.00

101.75

1511.01

1523.50

102.98

1523.51

1536.00

104.21

1536.01

1548.50

105.44

1548.51

1561.00

106.67

1561.01

1573.50

107.90

1573.51

1586.00

109.13

1586.01

1598.50

110.36

1598.51

1611.00

111.59

1611.01

1623.50

112.82

1623.51

1636.00

114.05

1636.01

1648.50

115.28

1648.51

1661.00

116.51

1661.01

1673.50

117.74

1673.51

1686.00

118.97

1686.01

1698.50

120.20

1698.51

1711.00

121.43

1711.01

1723.50

122.66

1723.51

1736.00

123.89

1736.01

1748.50

125.12

1748.51

1761.00

126.35

1761.01

1773.50

127.58

1773.51

1786.00

128.81

1786.01

1798.50

130.04

1798.51

1811.00

131.27

1811.01

1823.50

132.50

1823.51

1836.00

133.73

1836.01

1848.50

134.96

1848.51

1861.00

136.19

Part B

Excess over 107 296 Cubic Metres of Roundwood in respect of which the Dues Determination Activity occurs during May 1 to April 30

Column 1

Random Lengths Price

in $ per 1000 Board Feet

Column 2

Timber Dues Payable per Cubic Metre of Roundwood

$0.01

$335.00

$1.90

335.01

347.50

2.15

347.51

360.00

2.65

360.01

372.50

3.15

372.51

385.00

3.64

385.01

397.50

4.28

397.51

410.00

4.89

410.01

422.50

5.51

422.51

435.00

6.12

435.01

447.50

6.80

447.51

460.00

7.54

460.01

472.50

8.27

472.51

485.00

9.01

485.01

497.50

9.81

497.51

510.00

10.67

510.01

522.50

11.53

522.51

535.00

12.39

535.01

547.50

13.32

547.51

560.00

14.30

560.01

572.50

15.29

572.51

585.00

16.27

585.01

597.50

17.31

597.51

610.00

18.42

610.01

622.50

19.53

622.51

635.00

20.64

635.01

647.50

21.80

647.51

660.00

23.03

660.01

672.50

24.26

672.51

685.00

25.49

685.01

697.50

26.72

697.51

710.00

27.95

710.01

722.50

29.18

722.51

735.00

30.41

735.01

747.50

31.64

747.51

760.00

32.87

760.01

772.50

34.10

772.51

785.00

35.33

785.01

797.50

36.56

797.51

810.00

37.79

810.01

822.50

39.02

822.51

835.00

40.25

835.01

847.50

41.48

847.51

860.00

42.71

860.01

872.50

43.94

872.51

885.00

45.17

885.01

897.50

46.40

897.51

910.00

47.63

910.01

922.50

48.86

922.51

935.00

50.09

935.01

947.50

51.32

947.51

960.00

52.55

960.01

972.50

53.78

972.51

985.00

55.01

985.01

997.50

56.24

997.51

1010.00

57.47

1010.01

1022.50

58.70

1022.51

1035.00

59.93

1035.01

1047.50

61.16

1047.51

1060.00

62.39

1060.01

1072.50

63.62

1072.51

1085.00

64.85

1085.01

1097.50

66.08

1097.51

1110.00

67.31

1110.01

1122.50

68.54

1122.51

1135.00

69.77

1135.01

1147.50

71.00

1147.51

1160.00

72.23

1160.01

1172.50

73.46

1172.51

1185.00

74.69

1185.01

1197.50

75.92

1197.51

1210.00

77.15

1210.01

1222.50

78.38

1222.51

1235.00

79.61

1235.01

1247.50

80.84

1247.51

1260.00

82.07

1260.01

1272.50

83.30

1272.51

1285.00

84.53

1285.01

1297.50

85.76

1297.51

1310.00

86.99

1310.01

1322.50

88.22

1322.51

1335.00

89.45

1335.01

1347.50

90.68

1347.51

1360.00

91.91

1360.01

1372.50

93.14

1372.51

1385.00

94.37

1385.01

1397.50

95.60

1397.51

1410.00

96.83

1410.01

1422.50

98.06

1422.51

1435.00

99.29

1435.01

1447.50

100.52

1447.51

1460.00

101.75

1460.01

1472.50

102.98

1472.51

1485.00

104.21

1485.01

1497.50

105.44

1497.51

1510.00

106.67

1510.01

1522.50

107.90

1522.51

1535.00

109.13

1535.01

1547.50

110.36

1547.51

1560.00

111.59

1560.01

1572.50

112.82

1572.51

1585.00

114.05

1585.01

1597.50

115.28

1597.51

1610.00

116.51

1610.01

1622.50

117.74

1622.51

1635.00

118.97

1635.01

1647.50

120.20

1647.51

1660.00

121.43

1660.01

1672.50

122.66

1672.51

1685.00

123.89

1685.01

1697.50

125.12

1697.51

1710.00

126.35

1710.01

1722.50

127.58

1722.51

1735.00

128.81

1735.01

1747.50

130.04

1747.51

1760.00

131.27

1760.01

1772.50

132.50

1772.51

1785.00

133.73

1785.01

1797.50

134.96

1797.51

1810.00

136.19

11 This Regulation comes into force on January 1, 2006.

Alberta Regulation 169/2005

Public Lands Act

DISPOSITIONS AND FEES AMENDMENT REGULATION

Filed: September 8, 2005

For information only: Made by the Lieutenant Governor in Council (O.C. 407/2005) on September 8, 2005 pursuant to

section 8 of the Public Lands Act.

1 The Dispositions and Fees Regulation (AR 54/2000) is amended by this Regulation.

2 The following is added after

section 124:

Part 10.1

Special Provisions Regarding

Grazing of Bison

Definition

124.1 In this Part, "disposition authorizing the grazing of bison" means

(

a) a disposition referred to in

section 124.2, and

(

b) a disposition that is listed in

Schedule 4.

Authorization to graze bison

Restriction

124.3(1) No disposition may authorize the grazing of bison in respect of public land that is located in the area described in

Schedule 3.

(2) Subsection (1) does not apply in respect of a disposition authorizing the grazing of bison, as amended, including an amendment as to the description of the land under the disposition, or renewed from time to time, that is listed in

Schedule 4.

Cancellation of authorization

124.4(1) The Minister may cancel an authorization to graze bison under a disposition authorizing the grazing of bison at any time for any reason the Minister considers appropriate.

(2) The holder of a disposition authorizing the grazing of bison has no right to compensation for anything done by the Minister under subsection (1).

Prohibition

124.5(1) No person may graze bison on public land except in accordance with a disposition authorizing the grazing of bison.

(2) The holder of a disposition authorizing the grazing of bison shall not graze bison of which the holder is not the owner, or allow such livestock to graze, on the land that is subject to the disposition without the written consent of the Minister.

(3) Notwithstanding subsection (1), the members of a grazing association that holds a grazing disposition that also authorizes the grazing of bison may, without the written consent of the Minister, graze bison owned by them on the land that is subject to the grazing disposition.

Testing and marking

124.6(1) The Minister may, by notice in writing, require the holder of a disposition authorizing the grazing of bison to ensure that

(

a) tests for disease are conducted on the bison, and

(

b) a system of marking the bison is implemented,

whether before or after the bison are allowed on the land that is the subject of the disposition.

(2) A notice under subsection (1) must specify the details of the nature and frequency of the testing or of the marking, as the case may be.

(3) A person to whom a notice under subsection (1) is given under this

section shall comply with it in accordance with its terms.

Limitations on assignment

124.7 Where the holder of a disposition authorizing the grazing of bison assigns the disposition, the assignment does not operate to convey the right to graze bison unless the Minister consents to such a use.

Order re disease

124.8(1) Where

(

a) a holder of a disposition authorizing the grazing of bison contravenes

section 124.6(3), or

(

b) the Minister considers that bison that are on the land that is subject to the disposition are, may be or may become infected with a disease,

the Minister may issue an order to the holder requiring the holder to do or refrain from doing anything specified in the order to remedy the contravention or address the disease or identification issue, as the case may be.

(2) A holder who receives an order under subsection (1) shall comply with it in accordance with its terms.

(3) Where a holder fails to comply with an order under subsection (1) to the Minister's satisfaction, the Minister may

(

a) carry out the order or cause it to be carried out, and

(

b) order the forfeiture of all or part of the security deposit, if any, paid by the holder, in an amount equal to the reasonable costs of carrying out the order, as determined by the Minister.

(4) If there is no security deposit or if the amount of the security deposit is insufficient to cover the costs, the Minister may recover the costs or the excess amount, as the case may be, from the holder as a debt owing to the Crown.

Offences

124.9 A person who contravenes

(

a) section 124.5(1) or (2), 124.6(3) or 124.8(2), or

(

b) a term or condition of an authorization under

section 124.2

is guilty of an offence.

3 The following is added after

Schedule 1:

Schedule 3

All those Parcels or tracts of land administered under the Public Lands Act, lying and being in the Province of Alberta, and more particularly described as follows:

Commencing at the intersection of the south boundary of Township 88 with the Alberta/Saskatchewan Boundary, thence westerly along the said south boundary of the said Township 88 to the intersection with the right bank of the Peace River, thence northerly along the said right bank of the Peace River to its intersection with the south boundary of Township 95, thence westerly along the said south boundary of the said Township 95 to the intersection with the Alberta/British Columbia Boundary, thence northerly along the said Alberta/British Columbia Boundary to the intersection of the Alberta/Northwest Territories Boundary, thence easterly along the said Alberta/Northwest Territories Boundary to its intersection of the Alberta/Saskatchewan Boundary, thence southerly along the said Alberta/Saskatchewan Boundary to the point of commencement.

Schedule 4

Grandfathered Dispositions Authorizing

Grazing of Bison

FDL = Farm Development Lease

FGL = Forest Grazing Licence

GRL = Grazing Lease

GRP = Grazing Permit

MLL = Miscellaneous Lease

FDL 790133

FGL 890007

FGL 930016

GRL 15293

GRL 15744

GRL 16785

GRL 030092

GRL 31753

GRL 31977

GRL 32675

GRL 32845

GRL 33423

GRL 33861

GRL 34309

GRL 34840

GRL 35136

GRL 35518

GRL 35619

GRL 36781

GRL 36850

GRL 37155

GRL 37291

GRL 37693

GRL 39231

GRL 39677

GRL 39721

GRL 40111

GRL 40872

GRL 940122

GRL 800248

GRL 810050

GRL 810465

GRL 820160

GRL 820456

GRP 840038

GRL 860002

GRL 860098

GRL 870035

GRL 880015

GRL 880198

GRL 900019

GRL 900050

GRL 910054

GRL 940061

GRL 940121

GRL 960001

GRL 960025

GRL 960114

GRL 970057

GRP 800005

GRP 800091

GRP 980004

MLL 010011

--------------------------------

Alberta Regulation 170/2005

Assured Income for the Severely Handicapped Act

ASSURED INCOME FOR THE SEVERELY HANDICAPPED

AMENDMENT REGULATION

Filed: September 8, 2005

For information only: Made by the Lieutenant Governor in Council (O.C. 409/2005) on September 8, 2005 pursuant to

section 18 of the Assured Income for the Severely Handicapped Act.

1 The Assured Income for the Severely Handicapped Regulation (AR 203/99) is amended by this Regulation.

Section 4 is amended by repealing clause (

f) and substituting the following:

(

f) if the person is not living with the person's spouse or cohabiting partner because the person or the person's spouse or cohabiting partner must live in a facility, the Minister may exempt all or part of the income of the person and the person's spouse or cohabiting partner for the purpose of determining the handicap benefit where, in the opinion of the Minister, inclusion of the income would create a financial hardship for the family;

Schedule 1 is amended

(

a) in

section 1

(

i) by repealing clauses (

h) and (i);

(ii) by repealing clause (

o) and substituting the following:

(iii) by repealing clause (

q) and substituting the following:

(iv) by repealing clause (r);

(

v) in clause (

u) by striking out "$600" wherever it occurs and substituting "$900";

(vi) by repealing clauses (w), (y), (

z) and (aa) to (dd);

(vii) by adding the following after clause (ee):

(ff) an equal distribution payment by a First Nation to each of its band members, not including a payment referred to in clause (ee), up to and including $900 per person per year;

(gg) a payment received from a life insurance policy on a terminally ill person;

(hh) honoraria;

(ii) a continuous benefit received by the spouse or cohabiting partner of the person under the Seniors Benefit Act.

(

b) in Table 1

(

i) in clause (

g) by striking out "board and room" and substituting "room and board";

(ii) in clause (

h) by striking out "25%" and substituting "50%";

(iii) by repealing clause (n);

(iv) by repealing clause (p);

(

c) in Table 2

(

i) by repealing clause (b);

(ii) by repealing clauses (

h) and (i);

(iii) in clause (

j) by striking out "a benefit under any other Act" and substituting "a benefit received under any Act".

4 This Regulation comes into force on October 1, 2005.

Alberta Regulation 171/2005

Assured Income for the Severely Handicapped Act

REGULATION TO AMEND THE ASSURED INCOME FOR THE SEVERELY

HANDICAPPED AMENDMENT REGULATION

Filed: September 8, 2005

For information only: Made by the Lieutenant Governor in Council (O.C. 410/2005) on September 8, 2005 pursuant to

section 18 of the Assured Income for the Severely Handicapped Act.

1 The Assured Income for the Severely Handicapped Amendment Regulation (AR 52/2005) is amended by this Regulation.

Section 2 is amended by repealing the proposed

section 1(1)(a.1) and substituting the following:

(a.1) "dependent child" means an individual who

(

i) is financially dependent on a person receiving a handicap benefit,

(ii) resides with the person receiving the handicap benefit or would ordinarily reside with that person if that person were not living in a facility, and

(iii) is under the age of 18 years or, if attending an education program under the School Act, under the age of 20 years,

but does not include

(iv) a child in the custody or guardianship of a director under the Child, Youth and Family Enhancement Act,

(

v) a child in respect of whom the maximum financial assistance support payments referred to in

section 10 of the Child, Youth and Family Enhancement Regulation (AR 160/2004) are being made, or

(vi) a child on whose behalf income support is being received from the child financial support program through a Child and Family Services Authority;

Section 3 is amended in the proposed

section 2.3(5) by striking out "$1487.50" and substituting "$1488.00".

Alberta Regulation 172/2005

Provincial Offences Procedure Act

PROCEDURES (BLIND PERSONS' RIGHTS) AMENDMENT REGULATION

Filed: September 8, 2005

For information only: Made by the Lieutenant Governor in Council (O.C. 411/2005) on September 8, 2005 pursuant to

section 42 of the Provincial Offences Procedure Act.

1 The Procedures Regulation (AR 233/89) is amended by this Regulation.

Section 2 is amended by adding the following before clause (c.1):

(c.01) Blind Persons' Rights Act;

3 This Regulation comes into force on November 1, 2005.

--------------------------------

Alberta Regulation 173/2005

Marketing of Agricultural Products Act

ALBERTA CANOLA PRODUCERS MARKETING PLAN

AMENDMENT REGULATION

Filed: September 8, 2005

For information only: Made by the Lieutenant Governor in Council (O.C. 419/2005) on September 8, 2005 pursuant to

section 23 of the Marketing of Agricultural Products Act.

1 The Alberta Canola Producers Marketing Plan Regulation (AR 108/98) is amended by this Regulation.

Section 6(1) is amended by adding the following after clause (h):

(h.1) to act as an agent on behalf of producers in respect of matters relating to the Canada Revenue Agency's Scientific Research Experimental Development Program as it applies to canola;

3 The following is added after

section 14:

Authorization

14.1 In accordance with

section 50 of the Act, the Commission may be authorized, with respect to the production or marketing, or both, of the regulated product, to perform any function or duty and exercise any power imposed or conferred on the Commission by or under the Agricultural Products Marketing Act (Canada).

4 The

Schedule is amended

(

a) by repealing

section 8(c);

(

b) in

section 12

(

i) by repealing clause (d);

(ii) by adding the following after clause (h):

(h.1) Town of Drumheller;

(iii) in clause (

i) by striking out "clauses (

a) to (h)" and substituting "clauses (

a) to (h.1)".

--------------------------------

Alberta Regulation 174/2005

Marketing of Agricultural Products Act

ALBERTA CANOLA PRODUCERS COMMISSION FEDERAL

AUTHORIZATION ORDER

Filed: September 8, 2005

For information only: Approved by the Lieutenant Governor in Council (O.C. 420/2005) on September 8, 2005 and made by the Alberta Agricultural Products Marketing Council on August 11, 2005 pursuant to

section 50 of the Marketing of Agricultural Products Act.

Definitions

1 In this order,

(a) "Commission" means the commission known as the Alberta Canola Producers Commission;

(b) "Federal Act" means the Agricultural Products Marketing Act (Canada);

(c) "Marketing Council" means the Alberta Agricultural Products Marketing Council.

Authorization

2 The Marketing Council hereby authorizes the Commission to perform all functions and duties and exercise all powers imposed or conferred on the Commission under the Federal Act.

--------------------------------

Alberta Regulation 175/2005

Government Organization Act

DESIGNATION AND TRANSFER OF RESPONSIBILITY

AMENDMENT REGULATION

Filed: September 8, 2005

For information only: Made by the Lieutenant Governor in Council (O.C. 421/2005) on September 8, 2005 pursuant to

section 17 of the Government Organization Act.

1 The Designation and Transfer of Responsibility Regulation (AR 44/2001) is amended by this Regulation.

Section 14.1 is amended by adding the following after subsection (10):

(11) The responsibility for the School Facilities Infrastructure Program is transferred to the common responsibility of the Minister of Infrastructure and Transportation and the Minister of Education.

(12) The responsibility for the Post-Secondary Facilities Infrastructure Program is transferred to the common responsibility of the Minister of Infrastructure and Transportation and the Minister of Advanced Education.

(13) The responsibility for the Health Facilities Infrastructure Program is transferred to the common responsibility of the Minister of Infrastructure and Transportation and the Minister of Health and Wellness.

Alberta Regulation 176/2005

Cemeteries Act

CEMETERIES EXEMPTION AMENDMENT REGULATION

Filed: September 8, 2005

For information only: Made by the Lieutenant Governor in Council (O.C. 423/2005) on September 8, 2005 pursuant to

section 65 of the Cemeteries Act.

1 The Cemeteries Exemption Regulation (AR 236/98) is amended by this Regulation.

Section 3(1)(b)(ii) is amended by adding "and Memorial Gardens Canada Limited" after "(Alberta) Limited".

3 The following is added after

section 3.1:

St. Joseph's Industrial School Memorial Site

3.2 The St. Joseph's Industrial School Memorial Site owned by the Crown as represented by the Minister of Community Development consisting of Parcel A containing 0.146 hectares (0.36 acres) more or less, Plan 2419 JK of the south-east quarter of

section 27, range 21, township 28, west of the 4th meridian is exempt from the provisions of the Act on condition that its use is restricted to the reburial of remains from the former St. Joseph's Industrial School Memorial Site located on the south-east quarter of

section 27, range 21, township 28, west of the 4th meridian.

Traditional Burial Grounds/Fort Edmonton Cemetery

3.3 The Traditional Burial Grounds/Fort Edmonton Cemetery owned by the City of Edmonton consisting of land legally described as Area B of Plan 0523469 is exempt from the provisions of

(

a) the Act, except sections 1, 7, 10, 11 (other than the requirement under that

section to provide the Director of Vital Statistics a certificate of death when making an application for disinterment), 49, 53 to 59 and 74 to 78, and

(

b) the regulations under the Act, except this Regulation and sections 20.1, 20.2, 26(1), 27, 28, 29, 30, and 39 of the General Regulation (AR 249/98),

on the condition that there shall be no new burials in that cemetery except for the reburial of human remains and grave goods originally buried in the Rossdale Flats area of Edmonton or the Alberta Legislature area, or any area adjacent to either of those 2 areas prior to circa 1890 when those areas were no longer being used for human burials.

4 Items 6 and 7 of the

Schedule are repealed.

--------------------------------

Alberta Regulation 177/2005

Provincial Offences Procedure Act

PROCEDURES (RESIDENTIAL TENANCIES) AMENDMENT REGULATION

Filed: September 8, 2005

For information only: Made by the Lieutenant Governor in Council (O.C. 425/2005) on September 8, 2005 pursuant to

section 42 of the Provincial Offences Procedure Act.

1 The Procedures Regulation (AR 233/89) is amended by this Regulation.

Schedule 2 is amended by repealing

Part 20.1 and

Part 20.2 and substituting the following:

Part 20.1

Residential Tenancies Act

1 The specified penalty payable in respect of a contravention of a provision of the Residential Tenancies Act shown in Column 1 is the amount shown in Column 2 in respect of that provision.

Item

Number

Column 1

(Section Number

of Act)

Column 2

(Specified Penalty

in Dollars)

6(2)

19(6)

31(13), (14)

44(1), (3)

44(5), (6)

46(2), (6)

Part 20.2

Regulations Under the

Residential Tenancies Act

Residential Tenancies Ministerial Regulation

1 The specified penalty payable in respect of a contravention of a provision of the Residential Tenancies Ministerial Regulation (AR 211/2004) shown in Column 1 is the amount shown in Column 2 in respect of that provision.

Item

Number

Column 1

(Section Number

of Regulation)

Column 2

(Specified Penalty

in Dollars)

Part 20.3

Regulations Under the

Residential Tenancies Act

Subsidized Public Housing Regulation

1 The specified penalty payable in respect of a contravention of

section 4(1) of the Subsidized Public Housing Regulation (AR 191/2004) is $150.

--------------------------------

Alberta Regulation 178/2005

Credit Union Act

CREDIT UNION (PRINCIPAL) (CENTRAL MEMBERSHIP 2005)

AMENDMENT REGULATION

Filed: September 8, 2005

For information only: Made by the Lieutenant Governor in Council (O.C. 427/2005) on September 8, 2005 pursuant to

section 230 of the Credit Union Act.

1 The Credit Union (Principal) Regulation (AR 249/89) is amended by this Regulation.

Section 69(1) is amended by striking out "and" at the end of clause (c), by adding ", and" at the end of clause (

d) and by adding the following after clause (d):

(

e) providing corporations that operate automated teller machines or point-of-sale terminals in Canada on the Everlink Payment Services Inc.'s network with settlement facilities, including related deposit and credit facilities, under that network.

--------------------------------

Alberta Regulation 179/2005

Insurance Act

AUTOMOBILE INSURANCE RATE BOARD FEES REGULATION

Filed: September 8, 2005

For information only: Made by the Lieutenant Governor in Council (O.C. 428/2005) on September 8, 2005 pursuant to

section 653 of the Insurance Act.

Table of Contents

Definitions

2 Authority to charge fees

3 Calculation of basic fees

4 Other fees

5 Application

6 Expiry

Definitions

1 In this Regulation,

(a) "Annual Report" means the Annual Report of the Superintendent of Insurance;

(b) "Board" means the Automobile Insurance Rate Board;

(c) "insurer" means an insurer that holds a licence authorizing the insurer to undertake automobile insurance.

Authority to charge fees

2(1) Each fiscal year the Board is authorized to charge insurers fees to be used to pay for the Board's operations and for matters relating to the Board's administration for that year.

(2) The Board shall, on or before August 1 of each year, send a notice to each insurer indicating the amount of the basic fee payable under

section 3 for that year and indicating the date by which the amount is due.

(3) For the 2005 fiscal year, the notice shall be sent on or before September 30, 2005.

Calculation of basic fees

3(1) Subject to subsections (2) and (5), the basic fee payable by each insurer in respect of a year shall be calculated in accordance with the following formula:

A = B x D

where

A is the amount of the fee payable by the insurer;

B is the insurer's total direct premiums written for automobile insurance by the insurer, as set out in the most recently published Annual Report;

C is the total of the direct premiums written for automobile insurance for all insurers, as set out in the most recently published Annual Report;

D is the Board's annual budget approved by the Minister for the fiscal year less the estimated amount budgeted for fees paid and costs recovered under

section 4.

(2) Where an insurer who wrote direct premiums for automobile insurance in the previous calendar year is not set out in the most recently published Annual Report, the Board may estimate the amount of the fee payable by that insurer based on information available to the Board.

(3) An insurer referred to in subsection (2) may within 30 days of receiving notice of the amount determined in accordance with subsection (2) request the Board to review the amount of the fee and the insurer may provide to the Board such further information the insurer considers necessary.

(4) After reviewing the insurer's request and further information, the Board shall confirm or readjust the amount of the fee.

(5) No fee is payable by an insurer under this

section if the amount calculated for that insurer is less than $100.

Other fees

4(1) In addition to the basic fee payable under

section 3, the Board may charge an insurer a fee of $500 for each application for an approval or review referred to in the following and the Board may charge the insurer the actual costs of engaging the services of an actuary for the purpose of carrying out the approval or review:

(

a) the approval of rating programs for basic coverage for vehicles other than private passenger vehicles;

(

b) the approval of rating programs for basic coverage with respect to insurers licensed in the current fiscal year or for insurers licensed in the previous fiscal year whose rating program was not approved in the previous fiscal year;

(

c) reviews under

section 6 of the Automobile Insurance Premiums Regulation (AR 124/2004).

(2) On making an application for an approval or review under subsection (1), an insurer shall include with the application an amount of money estimated by the Board to be the cost of engaging the services of an actuary for the purpose of carrying out the approval or review.

(3) On completion of the approval or the review, the Board shall provide the insurer with a statement as to the actual cost of engaging the services of the actuary for the purpose of carrying out the approval or review.

(4) If the amount paid under subsection (2) is insufficient to cover the actual cost of engaging the services of an actuary, the insurer shall pay the Board the amount owing within 30 days of receiving a notice of the amount owing, and if the amount paid under subsection (2) exceeds the actual cost of engaging the services of the actuary, the Board shall refund the difference within 30 days of making that determination.

Application

5 This Regulation applies for the 2005 fiscal year and subsequent fiscal years.

Expiry

6 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 August 31, 2015.

Alberta Regulation 180/2005

Tourism Levy Act

HOTEL ROOM TAX AMENDMENT REGULATION

Filed: September 8, 2005

For information only: Made by the Lieutenant Governor in Council (O.C. 430/2005) on September 8, 2005 pursuant to

section 40 of the Tourism Levy Act.

1 The Hotel Room Tax Regulation (AR 398/87) is amended by this Regulation.

2 The title of the Regulation is repealed and the following is substituted:

TOURISM LEVY REGULATION

Section 1 is amended

(

a) in clause (

a) by striking out "Hotel Room Tax Act" and substituting "Tourism Levy Act";

(

b) by adding the following after clause (b):

(c) "identification card" means

(

i) a card issued under the Indian Act (Canada) indicating that the holder is an Indian, or

(ii) a ministerial identification card issued by the Minister for the purposes of the Fuel Tax Act or the Tobacco Tax Act, or the regulations under those Acts;

(d) "Indian" means an Indian as defined in the Indian Act (Canada);

(e) "Indian band" means a band as defined in the Indian Act (Canada);

(f) "security" means surety bonds, bank guarantees or other financial arrangements.

Section 2(3) is amended by striking out "Provincial Treasurer" and substituting "Minister".

5 The following is added after

section 2:

Registration as operator

2.1(1) A person who wishes to become registered as an operator must apply to the Minister in a form provided by the Minister.

Exemption from payment of tourism levy

2.2 Notwithstanding

section 2 of the Act, the following purchasers are exempt from the payment of a tourism levy:

(

c) a country or state other than Canada, a political subdivision of that country or state, an agency of that country, state or political subdivision or an accredited person representing that country, state or political subdivision if the operator obtains from the person using the accommodation certification that the accommodation purchased is for the use of the country, state, political subdivision, agency or accredited person, as the case may be;

(

d) an Indian or Indian band if

(

i) the Indian or Indian band presents to the operator at the time of purchase a valid identification card in the Indian's name or the Indian band's name, as the case may be,

(ii) the accommodation is provided on an Indian reserve as defined in the Indian Act (Canada), and

(iii) the accommodation is for the use of the Indian or Indian band.

Section 3 is repealed and the following is substituted:

Remittance of tourism levy

3(1) An operator shall

(

a) file a return in the form and manner specified by the Minister, with respect to each collection period, and

(

b) remit the tourism levy collected or deemed to have been collected during a collection period

so that the return and the tourism levy are received by the Minister not later than 28 days after the end of the collection period.

(2) A return is required to be filed whether or not any accommodation was offered for sale or was purchased during the collection period, unless the Minister notifies the operator in writing that a return is not required for any collection period when no accommodation is sold or offered for sale.

Section 4 is repealed.

8 The following is added before

section 5:

Refund of tourism levy

4.1(1) In this section, "bad debt" means a debt owing to an operator that is established by the operator to have become uncollectible and that has been included in computing the operator's income for the current or a preceding taxation year for the purposes of the Income Tax Act (Canada).

(2) For the purposes of subsection (1), a debt is not uncollectible unless the operator

(

a) has exhausted all efforts to collect the debt that would reasonably be expected to be made by a creditor who is dealing at arm's length with a debtor, and

(

b) in the case of a bankruptcy or receivership of a debtor, has filed a claim with the trustee or receiver that includes the amount of the tourism levy owing shown separately.

(3) The Minister may, on receipt of an application in the form provided by the Minister, pay a refund of a tourism levy that was remitted in respect of accommodation purchased on credit, where all or a portion of the amount of the debt in respect of the purchase is a bad debt.

(4) An application for a refund must be accompanied by invoices, ledgers and any other records, documents and evidence required

(

a) to prove the claim, and

(

b) to determine the amount of the tourism levy that was remitted to the Minister and the amount of tourism levy to be refunded.

(5) An application for a refund must be received by the Minister within one year after the earlier of

(

a) the date that a notice of the bankruptcy or notice of the appointment of a receiver is received by the applicant, and

(

b) the date that the debt has been written off as a bad debt in the applicant's books of account.

(6) If, in the opinion of the Minister, an applicant has misrepresented a material fact, the applicant's application for a refund under this

section shall be disallowed and no refund shall be made.

Section 5 is repealed and the following is substituted:

Interest

5 Interest that is payable by virtue of

section 13 of the Act is simple interest, payable to the Minister from the date the amount owing was due until the date on which the amount is received at the rate prescribed for the purposes of

section 39 of the Alberta Corporate Tax Act.

Section 6 is amended

(

a) by striking out "Provincial Treasurer" wherever it occurs and substituting "Minister";

(

b) in subsection (2) by striking out "tax" and substituting "tourism levy".

Section 7 is amended

(

a) by striking out "Provincial Treasurer" wherever it occurs and substituting "Minister";

(

b) in subsection (1) by striking out "tax" and substituting "tourism levy".

Section 8(1) is amended

(

a) by striking out "which tax" and substituting "which a tourism levy";

(

b) by striking out "tax payable" and substituting "tourism levy payable".

THE ALBERTA GAZETTE,

PART II, SEPTEMBER 30, 2005

Document details

Collection	Alberta — Gazette
Citation	documents gazette 2005 pdf 0930 ii.pdf
Type	gazette
Volume / chapter	documents gazette 2005 pdf 0930 ii.pdf
Language	en
Format	json
Source	PROVINCIAL
Identifier	a88d8e72a8481e5509490d7eb5bf751f8f126172

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