Alberta Regulation 91/2001

Marketing of Agricultural Products Act

HATCHING EGGS AMENDMENT REGULATION

Filed: June 12 2001

Made by the Alberta Hatching Egg Producers on May 24, 2001 pursuant to

sections 26 and 27 of the Marketing of Agricultural Products Act.

1 The Hatching Eggs Regulation (AR 280/97) is amended by this Regulation.

Section 18 is repealed.

Section 19 is repealed and the following is substituted:

Increased allotment allocation

19(1) When the Board considers that general marketing conditions

warrant, the Board may increase the total provincial allocation

permanently, and the amount of that increase must be allocated in

accordance with this section.

(2) The Board must ensure that quota is allocated, by a live

auction, to quota holders and to persons eligible to receive licences as

producers based on the amount of quota allocation fee the quota holder or

person offers and pays to the Board.

(3) Quota holders and any person who is eligible to receive a

licence as a producer may participate in the auction.

(4) Any person wishing to participate in the live auction must

register with the Board's office and must inform a licensed hatchery of

their intention.

(5) Any person wishing to participate in the auction must also

provide evidence to the Board, in a form satisfactory to the Board, that

satisfies the Board as to the person's financial capability to pay the

quota allocation fee.

(6) The Board may determine the number of blocks of breeder quota to

be offered for auction and the amount of breeder quota to be included in

each block.

(7) The amount of quota allocation fee paid by a person acquiring

breeder quota by auction pursuant to this

section must be determined by the

amount of the successful bid made by that person for the block of breeder

quota being offered or for the portion of it that the person wishes to

acquire.

(8) A person who is not a quota holder and whose bid is accepted

must make application for a producer's licence under

section 4, and the

Board must determine whether the applicant is eligible to receive a

producer's licence under

section 5.

(9) An offer to a successful bidder is effective only when the Board

has confirmed in writing that

(

a) the bidder's offer has been accepted by the Board,

(

b) the quota allocation fee required has been paid

within the time required by the Board,

(

c) where the successful bidder is not a quota holder,

the successful bidder is eligible to receive a producer's licence, and

(

d) the Board is satisfied that the bidder has complied

with this Regulation.

(10) No amount of breeder quota shall be offered to a quota holder

if as a result that quota holder's quota would exceed the quota limit

established under

section 21.

(11) A person who receives an allocation of breeder quota under this

section must place the increase within 72 weeks from the date that the

confirmation was sent to the producer under subsection (9), and this time

limit shall not be extended or modified by any transfer of the allocation

and the transferee must place the increase within whatever portion of the

72-week period remains.

(12) If any increase in breeder quota is not placed as required

under subsection (11), no extension shall be given by the Board and

(

a) the increase is revoked, and

(

b) the amount of that increase must be added to the

quota bank.

(13) If the allocation is revoked under subsection (12), the Board

retains the quota allocation fee paid.

the conduct of an auction.

Section 20 is repealed and the following is substituted:

Quota bank

20(1) The quota bank is comprised of any amount of breeder quota

added to the quota bank under subsections (2) and (4) and sections 19(12)

and 29(2)(c).

(2) When the Board determines that there is a sufficient amount of

breeder quota in the quota bank to allow blocks of breeder quota to be

auctioned, the Board must determine the number of blocks of quota to be

auctioned and the amount of breeder quota to be included in each block.

(3) The procedures to be followed in an auction of breeder quota

under this

section are the procedures described in

section 19.

(4) A person who has received an allocation of breeder quota under

this

section on or before June 30, 2001 is subject to the requirements

imposed by

section 20(8) as it existed on June 30, 2001.

Section 21(4) is repealed.

Section 28(2) is repealed and the following is substituted:

(2) If breeder quota allocation under this Regulation is not placed

within 72 weeks from the day that the quota is allocated, the breeder quota

is revoked at the conclusion of that 72-week period unless the Board

otherwise directs.

Section 29(2) is amended by adding "or" at the end of clause (

a) and by

repealing clause (b).

8 This Regulation comes into force on July 1, 2001.

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

Alberta Regulation 92/2001

Local Authorities Election Act

EDMONTON ELECTION REGULATION

Filed: June 12, 2001

Made by the Lieutenant Governor in Council (O.C. 215/2001) on June 12, 2001

pursuant to

section 161 of the Local Authorities Election Act.

Definitions

1 In this Regulation,

(a) "Act" means the Local Authorities Election Act;

(b) "ballot transport box" means a ballot box used to transport

election materials from a voting station to the returning officer;

(c) "vote tabulator" means a machine that scans and records the

number of votes on each ballot inserted into the machine.

Modification of election procedure

2 The system for the conduct and procedure of an election or a vote under

the Act where an automated voting system is used is modified by the City of

Edmonton as follows:

(

a) more than one ballot box may be used at a voting station;

(

b) at the completion of the counting of the ballots, the presiding

deputy may use more than one ballot transport box to pack the election

documents, if each ballot transport box

(

i) is sealed in accordance with

section 93 of the Act,

and

(ii) is marked with a number that indicates the number

of boxes used at the voting station;

(

c) the presiding deputy may disassemble and discard the original

ballot box or boxes;

(

d) if a vote incorrectly marked on a ballot clearly indicates for

whom or what the elector intended to vote, a duplicate ballot may be

prepared in the presence of 2 deputies to reflect the intent of the elector

by marking "DUPLICATE" on the ballot, and the word "SPOILED" on the

incorrectly marked ballot and inserting the duplicated ballot into a vote

tabulator to be counted.

Vote at applicant's residence

3 Notwithstanding

section 79(4)(

a) of the Act, the City of Edmonton may

advise an applicant by telephone that an application for a vote at the

applicant's residence has been accepted.

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 February 28, 2005.

Alberta Regulation 93/2001

Municipal Government Act

MUNICIPAL GAS SYSTEMS CORE MARKET REGULATION

Filed: June 12, 2001

Made by the Lieutenant Governor in Council (O.C. 216/2001) on June 12, 2001

pursuant to

section 31 of the Municipal Government Act.

Table of Contents

Interpretation 1

Application of Regulation 2

Classes of consumers 3

Conditions of right to obtain direct gas supply 4

Corporate warranty and option agreement 5

Loss of right to obtain direct gas supply 6

Rights and obligations of the distributor 7

Settlement of disputes 8

Repeal 9

Expiry 10

Interpretation

1(1) In this Regulation,

(a) "Act" means the Municipal Government Act;

(b) "agent" or "consumer's agent" means a person who is the agent

of a core consumer for purposes related to the core consumer's direct

supply arrangement or to any other rights or obligations of the core

consumer under this Regulation;

(c) "Board" means the Alberta Energy and Utilities Board;

(d) "buy-sell contract" means a contract or arrangement under which

a distributor purchases from a core consumer or from a core consumer and

the consumer's agent during a specified period, gas in a quantity that is

expected not to exceed the quantity of gas the distributor is obligated

under the Act to supply to the core consumer during the same period;

(e) "consumer" means a consumer of gas who takes delivery of the

gas at its place of consumption by means of an urban gas system operated by

a distributor;

(f) "consumer supply contract" means a contract or arrangement

under which a core consumer, or a core consumer and the consumer's agent,

obtains a supply of gas from a direct seller;

(g) "core consumer" means a consumer other than

(

i) a person who uses or consumes the gas primarily as

a raw material or as a fuel, whether for space heating, water heating or

otherwise, in an industrial or manufacturing operation, or

(ii) a person who has sustainable access to and

facilities that allow the person to use or consume a source of energy,

other than gas, in quantities sufficient to satisfy the requirements for

which the gas would otherwise be used or consumed;

(h) "direct seller" means a person, other than a distributor, who

sells gas to a consumer or to another person who purchases the gas as an

agent of the consumer for the purposes of

section 31 of the Act;

(i) "direct supply arrangement" means a consumer supply contract

and

(

i) a buy-sell contract, or

(ii) a utility transportation arrangement,

entered into or made in conjunction with the consumer supply

contract;

(j) "distributor" means distributor as defined in

section 31(1) of

the Act but does not include a rural gas co-operative association described

section 31(1)(c)(ii) of the Act;

(k) "entry date" means the date for the commencement of deliveries

under a direct sales arrangement;

(l) "gas purchase option agreement" or "option agreement" means an

agreement referred to in

section 4(1)(i);

(m) "location", in relation to a core consumer, means the place at

which the core consumer consumes the gas delivered to the consumer under a

direct supply arrangement;

(n) "option notice" means a written notice given by a distributor

to a direct seller respecting the exercise of the option granted to the

distributor by a gas purchase option agreement;

(o) "prescribed" means prescribed by the distributor;

(p) "return date" means the date specified in a return notice as

the date on which the core consumer will cease to obtain a gas supply under

a direct supply arrangement;

(q) "return notice" means a written notice to a distributor signed

by or on behalf of a core consumer indicating that the core consumer will

cease to obtain a gas supply under a direct supply arrangement on a

prescribed return date specified in the notice;

(r) "transportation service contract" means a contract under which

a distributor agrees to transport in its urban gas system, on a firm

service basis, gas purchased under a consumer supply contract, for delivery

at a core consumer's location;

(s) "transportation service order" means an order of the Board

under

section 31(4) of the Act requiring a distributor to transport by

means of its urban gas system gas supplied to a core consumer under a

consumer supply contract, for delivery at the consumer's location;

(t) "urban gas system" means a system or works of a public utility

for the distribution of gas to consumers within an urban municipality;

(u) "urban municipality" means an urban municipality as defined in

section 31(1) of the Act;

(v) "utility transportation arrangement" means

(

i) a transportation service contract, or

(ii) a transportation service order.

(2) For the purposes of this Regulation,

(

a) a person is a consumer's distributor if the distributor is the

operator of the gas distribution system by means of which gas is delivered

to the consumer's location;

(

b) a reference to the right of a core consumer to obtain a gas

supply under a direct supply arrangement is a reference to the right

conferred on the consumer by

section 31(3) of the Act to obtain, subject to

this Regulation, a supply of gas from a direct seller for delivery to the

consumer by means of the urban gas system of the consumer's distributor;

(

c) a reference to a consumer supply contract, buy-sell contract,

gas purchase option agreement, transportation service contract or

transportation service order includes an amendment, variation or

replacement of that contract, agreement or order;

(

d) if a consumer supply contract, buy-sell contract, gas purchase

option agreement, transportation service contract or transportation service

order is amended to extend its term, a reference to the term of the

contract, agreement or order is a reference to the extended term.

(3) If a person is a core consumer in respect of more than one location

and the gas consumed at each of those locations is separately metered,

then, for the purposes of this Regulation, that person is to be treated as

a separate consumer in relation to each of those locations and that

person's rights and obligations are to be determined in relation to each of

those locations separately.

(4) If the distributor is authorized by this Regulation to prescribe a

date, deadline or period, the distributor may prescribe the date, deadline

or period generally or with respect to a specific case or class of cases.

(5) The distributor may prescribe

(

a) the date or dates in a year on which deliveries of gas may

commence under a direct supply arrangement;

(

b) the date or dates in a year that may be specified in a return

notice as the return date;

(

c) rules respecting the giving of option notices, notices under

section 4(1)(

d) and return notices, including notice periods.

Application of Regulation

2(1) An urban municipality that operates an urban gas system and has

operated it continuously since on or before December 31, 1994 may by bylaw

provide that this Regulation, except

section 1 and this section, does not

apply to its urban gas system either in relation to

(

a) all core consumers, or

(

b) any class or classes of core consumers specified in the bylaw.

(2) If this Regulation, other than

section 1 and this section, does not

apply to a core consumer by reason of a bylaw under subsection (1), then,

during a period that the bylaw is in effect, the core consumer does not

have the right to obtain a gas supply under a direct supply arrangement.

(3) Despite anything in this Regulation, a consumer does not have the

right to obtain a gas supply from a direct seller for delivery to the

consumer by means of a gas distribution system within part of an urban

municipality operated by a rural gas co-operative association as defined in

the Gas Distribution Act under an agreement referred to in

section 45 of

the Municipal Government Act.

(4) If a bylaw is passed under subsection (1), despite anything in the

bylaw or subsections (1) and (2),

(

a) the bylaw does not affect any consumer supply contract,

buy-sell contract, gas purchase option agreement, transportation service

contract or transportation service order in effect when the bylaw comes

into force, and

(

b) this Regulation continues to apply to those contracts,

agreements and orders and to the distributor in relation to those

contracts, agreements and orders and the core consumers, agents and direct

sellers to whom those contracts, agreements and orders apply.

Classes of consumers

3 Core consumers are established as a class of consumer for the purposes

section 31 of the Act.

Conditions of right to obtain direct gas supply

4(1) The right of a core consumer to obtain a gas supply under a direct

supply arrangement is subject to the following conditions:

(

a) the commencement date of deliveries of gas under the consumer's

direct supply arrangement must be a prescribed entry date;

(

b) the core consumer must be a party to a consumer supply contract

with an initial term consisting of at least 12 consecutive months;

(

c) any renewal or extension of the term of the consumer supply

contract must be for a period of at least 12 consecutive months;

(

d) the core consumer must give to the consumer's distributor, not

later than the prescribed deadline prior to the entry date, a written

notice showing

(

i) the consumer's intention to obtain a gas supply

under the consumer's direct supply arrangement, and

(ii) the entry date for the commencement of deliveries

of gas under the direct supply arrangement;

(

e) the core consumer must pay to the consumer's distributor the

compensation, if any, determined by the distributor as being related to

(

i) costs to the distributor associated with the

consumer obtaining all or part of the consumer's gas supply under a direct

supply arrangement, and

(ii) the distributor's ongoing costs related to the

administration of a buy-sell contract or transportation service contract

entered into in conjunction with the consumer supply contract;

(

f) the direct seller must have a supply of gas in the form of gas

reserves or gas under contract, or a combination of both, that is

sufficient to meet the aggregate of the direct seller's delivery

obligations under

(

i) all of the direct seller's consumer supply

contracts, and

(ii) all gas purchase option agreements to which the

direct seller is a party and under which the distributor has exercised the

option to purchase gas from the direct seller,

and that is not committed to meeting the direct seller's

obligations to deliver gas under any other contracts;

(

g) there must be in effect for at least 12 consecutive months from

the entry date a buy-sell contract or utility transportation arrangement in

conjunction with the consumer supply contract;

(

h) there must be in effect throughout the term of the consumer

supply contract a corporate warranty in accordance with

section 5(1) and

given by the direct seller to the core consumer, unless the direct seller

is obligated to the distributor under clause (j);

(

i) there must be in effect throughout the term of a buy-sell

contract or utility transportation arrangement a gas purchase option

agreement in accordance with

section 5(2) and made between the direct

seller and the distributor;

(

j) throughout the term of a buy-sell contract or utility

transportation arrangement

(

i) the core consumer,

(ii) if the core consumer has an agent, the core

consumer and the agent, or

(iii) the direct seller,

must be obligated under the contract or arrangement to pay the

distributor any amount determined by the distributor as compensation for

the failure to deliver gas to the distributor in accordance with the

contract or arrangement;

(

k) if gas purchased to meet delivery obligations under the direct

supply arrangement is transported by one or more pipelines upstream from

the distributor's urban gas system, there must be contracts in effect

throughout the term of the consumer supply contract under which the gas is

transported by those upstream pipelines on a firm service basis.

(2) The core consumer or the direct seller must, prior to the entry date

for a direct supply arrangement, warrant to the distributor that all of the

conditions enumerated in subsection (1)(b), (f), (

h) and (

k) have been

complied with.

Corporate warranty and option agreement

5(1) A corporate warranty referred to in

section 4(1)(

h) must, at a

minimum, consist of a promise by the direct seller to indemnify

(

a) the core consumer, or

(

b) if the core consumer has an agent, the core consumer and the

agent,

for any amounts for which the core consumer or the core consumer and the

agent, as the case may be, are liable by reason of an obligation under

section 4(1)(j), where the failure to deliver gas to the distributor in

accordance with a buy-sell contract or utility transportation arrangement

is the result of the failure of the direct seller to deliver gas in

accordance with that direct seller's obligations under the consumer supply

contract.

(2) A gas purchase option agreement that is in effect during the term of a

buy-sell contract or utility transportation arrangement must be in

accordance with the following:

(

a) the agreement must provide for the granting by the direct

seller to the distributor of an option, exercisable by the distributor in

accordance with this subsection and subsection (3), to purchase gas from

the direct seller in accordance with and subject to the conditions in this

subsection and subsection (3);

(

b) the option may be exercised only if

(

i) the buy-sell contract or utility transportation

arrangement, as the case may be, is terminated or otherwise discharged

before the expiration of its term, or

(ii) the term of the buy-sell contract or utility

transportation arrangement, as the case may be, expires without being

renewed or replaced, but the core consumer had failed to give a return

notice to the distributor, at least 12 months before the expiration date,

specifying the expiration date as the return date;

(

c) in order to exercise the option, the distributor must give an

option notice to the direct seller

(

i) before the prescribed deadline following the

effective date of the termination or discharge of the buy-sell contract or

utility transportation arrangement, if the option is exercised pursuant to

clause (b)(i),

(ii) before the prescribed deadline following the date

on which the core consumer gave a return notice to the distributor, or

(iii) before the prescribed deadline following the

expiration of the buy-sell contract or utility transportation arrangement,

if the core consumer failed to give any return notice to the distributor

before the expiration date;

(

d) the "option year" for the purposes of this subsection is

(

i) the 12-month period following the effective date of

the termination or discharge of the buy-sell contract or utility

transportation arrangement, if the distributor gives an option notice under

clause (c)(i), or

(ii) the 12-month period following the expiration of the

term of the buy-sell contract or utility transportation arrangement, if the

distributor gives an option notice under clause (c)(ii) or (iii);

(

e) an option notice must specify the quantity of gas to be

purchased, which must be the distributor's good faith estimate of the

quantity of gas reasonably required by the distributor to meet, as the case

requires,

(

i) the distributor's obligations to supply gas to the

consumer during the option year, or

(ii) the part of the core consumer's gas supply

requirements that had been, or was intended to be, obtained under the

direct supply arrangement during the option year;

(

f) unless the distributor and the direct seller agree otherwise,

the period during which the gas may be purchased must be the whole of the

option year;

(

g) unless the distributor and the direct seller agree otherwise,

the price of gas purchased by the distributor under the option agreement

must be

(

i) the price prescribed by the Board, or

(ii) the price determined pursuant to a formula or

method prescribed by the Board,

and the Board, in prescribing that price or that formula or

method, must have regard to market prices for gas sold in Alberta under

Board considers appropriate;

(

h) the option agreement must provide a corporate warranty by the

direct seller consisting of a promise by the direct seller to pay to the

distributor amounts determined by the distributor as compensation to the

distributor for the failure of the direct seller to deliver gas to the

distributor in accordance with the direct seller's obligations under the

option agreement.

(3) If 2 or more core consumers have the same agent and obtain their

respective gas supplies under the same direct supply arrangement, and one

of those core consumers ceases to obtain a gas supply under the direct

supply arrangement before the expiration of the term of the buy-sell

contract or utility transportation arrangement, then, for the purposes of

subsection (2), the contract or arrangement is, in relation to that core

consumer, deemed to be terminated or otherwise discharged when the core

consumer ceases to obtain a gas supply under the direct supply arrangement.

Loss of right to obtain direct gas supply

6(1) A core consumer ceases to have a right to obtain a gas supply under a

direct supply arrangement on the earliest of the following dates:

(

a) the return date specified in a return notice given to the

distributor by or on behalf of the core consumer;

(

b) the date on which the buy-sell contract or utility

transportation arrangement expires unless it is renewed before then or is

replaced before then by a buy-sell contract or utility transportation

arrangement having a term commencing immediately after that expiration

date;

(

c) the effective date of the termination of a buy-sell contract or

transportation service contract by the distributor pursuant to the

provisions of the contract or pursuant to subsection (3);

(

d) the effective date of the termination by the Board of a

transportation service order pursuant to the provisions of the order or

pursuant to subsection (4).

(2) A return notice given to a distributor

(

a) must specify one prescribed return date, and

(

b) is irrevocable unless the distributor agrees to its revocation.

(3) A distributor may terminate a buy-sell contract or transportation

service contract to which it is a party on the ground that a condition in

section 4(1) has not been or is not being complied with or on any other

ground the distributor considers justified in the circumstances.

(4) The Board may, on application or on its own motion, terminate a

transportation service order on the ground that a condition in

section 4(1)

has not been or is not being complied with or on any other ground the Board

considers justified in the circumstances.

(5) If a core consumer ceases to have a right to obtain a gas supply under

a direct supply arrangement in respect of a location by reason of the

operation of subsection (1), the core consumer may not regain that right in

respect of the same location until the first entry date occurring after the

12-month period following the date on which the consumer lost the right.

Rights and obligations of the distributor

7(1) A distributor has the obligation to supply gas to a core consumer at

a location after the consumer ceases to have the right to obtain a gas

supply under a direct supply arrangement by reason of the operation of

section 6(1).

(2) If a core consumer ceases to have the right to obtain a gas supply

under a direct supply arrangement by reason of the operation of

section

6(1), the consumer is liable to pay to the distributor the amount, if any,

determined by the distributor as compensation to the distributor for the

net costs associated with the consumer ceasing to obtain all or part of the

consumer's gas supply under the direct supply arrangement.

(3) The costs in respect of which compensation is payable under subsection

(2) may include any additional costs associated with

(

a) the lack of any return notice to the distributor before the

core consumer lost the right to obtain a gas supply under a direct supply

arrangement, or

(

b) the giving of a return notice to the distributor after the

commencement of the prescribed notice period.

Settlement of disputes

8(1) The Board may hear and determine

(

a) any dispute that arises as to whether

(

i) any provision of this Regulation has been or is

being complied with, or

(ii) any action taken or proposed to be taken by a

distributor, direct seller, core consumer or agent is authorized by this

Regulation;

(

b) an appeal by a core consumer or the consumer's agent from the

termination by the distributor of a buy-sell contract or transportation

service contract pursuant to

section 6(3).

(2) Without limiting its jurisdiction under subsection (1), the Board may

(

a) vary or revoke any decision or action that is the subject of a

dispute referred to in subsection (1)(a);

(

b) make its determination effective as of the date on which the

disputed decision or action was made or taken;

(

c) make any order that it considers just in the circumstances.

Repeal

9 The Municipal Gas Systems Core Market Regulation (AR 45/95) is

repealed.

Expiry

10 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 July 31, 2004.

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

Alberta Regulation 94/2001

Fisheries (Alberta) Act

GENERAL FISHERIES (ALBERTA) AMENDMENT REGULATION

Filed: June 12, 2001

Made by the Lieutenant Governor in Council (O.C. 218/2001) on June 12, 2001

pursuant to

section 43 of the Fisheries (Alberta) Act.

1 The General Fisheries (Alberta) Regulation (AR 203/97) is amended by

this Regulation.

Section 10(1) is amended by adding the following after clause (d):

(

e) a person who engages in sportfishing on the following days:

(

i) if July 1 falls on a Saturday, July 8 or 9, or

both;

(ii) if July 1 falls on a Sunday, July 7 or 8, or both;

(iii) if July 1 falls on any day other than a Saturday or

Sunday, the 2nd Saturday or Sunday, or both, of July.

Alberta Regulation 95/2001

Personal Property Security Act

PERSONAL PROPERTY SECURITY REGULATION

Filed: June 12, 2001

Made by the Lieutenant Governor in Council (O.C. 220/2001) on June 12, 2001

pursuant to

section 71 of the Personal Property Security Act.

Table of Contents

Part 1

Definitions

Definitions 1

Part 2

General

Interests to be registered 2

Forms 3

Electronic data 4

Length of registration (PPSA, Sale of Goods Act, Factors Act) 5

Length and scope of registration (writs of enforcement) 6

Length of registration (other interests) 7

Calculation of registration period 8

Authorization 9

Additional pages 10

Order of forms 11

Manner of completing forms 12

Authorized abbreviations 13

Spacing 14

Rejections 15

Statement covering one or more security interests 16

Re-registration of interest registered prior to October 1, 1990 17

Re-registration after lapse or discharge 18

Part 3

Debtor and Secured Party Names

Individual or business name 19

Specifying names of individuals 20

Specifying names of artificial bodies 21

Name of debtor re writ 22

Secured party or registrant code 23

Additional space for name or address 24

Part 4

Description of Collateral

Matrimonial property order 25

Writ of enforcement 26

Garageman's lien 27

Railway Act 28

Workers' Compensation Board 29

Sale of Goods Act 30

Crown charge 31

Charge on land 32

Stays, statutory liens and receiver's reports 33

Collateral description 34

Contents of serial number description 35

Collateral to be described other than by serial number 36

Proceeds description 37

Part 5

Financing Statements - Miscellaneous

Other registrations 38

Court orders, etc. 39

Part 6

Financing Change Statements

Use of financing change statements 40

Financial report re enforcement debtor 41

Deletion of information 42

Court orders 43

Subordinations 44

Change of name or transfer 45

Change of name or address affecting multiple registrations 46

Partial transfers 47

Trust indentures 48

Changes of "Court Order, Other Changes, Additional

Information" 49

Proof of service of demand 50

Court order to amend garageman's lien registration 51

Seizure of security interest 52

Identifying agreement by date 53

Corrections by Registrar 54

Part 7

Verification Statements and Notices of Discharge

Sending of verification statements 55

Use of verification statements 56

Correction of Registry errors 57

Part 8

Administration

Search results 58

Schedule 4 Fees 59

Fee for demand for information 60

Fee for receivers 61

Exemption from fees 62

Agreements re credit and electronic access 63

Assurance fund limits 64

Deemed damages 65

Fixtures 66

Application of

Part 4 of the Act 67

Part 9

Transitional Provisions, Repeals, Expiry

and Coming into Force

Transitional 68

Repeals 69

Expiry 70

Coming into force 71

Schedules

PART 1

DEFINITIONS

Definitions

1(1) In this Regulation,

(a) "Act" means the Personal Property Security Act;

(b) "aircraft" means any machine capable of deriving support in the

atmosphere from the reactions of the air, other than a machine designed to

derive support in the atmosphere from reactions against the earth's surface

of air expelled from the machine;

(c) "artificial body" includes a partnership, a corporation, an

association, an organization, an estate of a deceased individual or of a

bankrupt, a trade union, a trust, a syndicate or a joint venture, but does

not include an individual;

(d) "block number" means the number assigned to a segment of

collateral, debtor or secured party information in the records of the

Registry as shown on a verification statement or search result;

(e) "boat" means a vessel that is designed for transporting persons

or things on water and that is propelled primarily by any power other than

muscular power;

(f) "charge on land" means an interest, whether arising immediately

or in the future, in real property given by a corporation, that secures

payment or performance of an obligation;

(g) "collateral" means with respect to the registration of all

forms, where the registration is

(

i) in respect of a security interest, the personal

property that is subject to the security interest,

(ii) authorized under the Sale of Goods Act or the

Factors Act, the goods or documents of title that are the subject of the

registration,

(iii) authorized under the Garagemen's Lien Act, the

motor vehicle or farm vehicle that is the subject of the registration,

(iv) in respect of a writ of enforcement, the property

of the enforcement debtor to be bound by the writ,

(

v) authorized to be registered under the Matrimonial

Property Act, the mobile home or household goods that are the subject of

the registration,

(vi) authorized to be registered under the Workers'

Compensation Act or the Railway Act, the property that is the subject of

the registration,

(vii) in respect of a Crown charge, the property that is

subject to the Crown charge,

(viii) in respect of a statutory charge, the

property that is subject to the statutory charge,

(ix) in respect of a charge on land, the real property

that is subject to the charge, and

(

x) in respect of a general property order, the

property that is subject to the order;

(h) "consolidated registration" means a registration as it exists

after any amendments;

(i) "Crown charge" means a lien, charge or other interest that

(

i) affects property,

(ii) is created by a law, including the common law, and

(iii) is held by the Crown in right of Canada or a

province;

(j) "debtor" means, with respect to the registration of all forms,

where the registration is

(

i) in respect of a security interest, a "debtor" as

defined under the Act,

(ii) authorized under the Sale of Goods Act or the

Factors Act, a person who, having sold goods, continues or is in possession

of the goods or of the documents of title to the goods that are the subject

of the registration,

(iii) authorized under the Garagemen's Lien Act, the

owner against whose interest in a motor vehicle or farm vehicle a lien is

claimed under the Garagemen's Lien Act,

(iv) in respect of a writ of enforcement, the

enforcement debtor,

(

v) authorized to be registered under the Matrimonial

Property Act, a spouse against whose interest in any property an order may

be registered under

section 23 or 26 of the Matrimonial Property Act,

(vi) authorized to be registered under the Workers'

Compensation Act or the Railway Act, an employer referred to in

section 126

of the Workers' Compensation Act or company referred to in

section 63 of

the Railway Act, as the case may be,

(vii) in respect of a Crown charge, the person whose

interest in property is subject to the charge,

(viii) in respect of a charge on land, the

corporation whose interest in real property is subject to the charge,

(ix) in respect of a general property order, the person

whose interest in property is subject to the order,

(

x) in respect of a stay, the judgment debtor,

(xi) in respect of a statutory charge, the person whose

property is subject to the statutory charge,

(xii) in respect of a receiver's report, the person whose

property is the subject of the receivership, and

(xiii) in respect of a maintenance order, the person

whose interest in the property is subject to the maintenance order;

(k) "designated manufactured home" means a designated manufactured

home as defined in

section 284(1)(f.1) of the Municipal Government Act that

is subject to a tax recovery lien under

Part 10, Division 8.1 of the

Municipal Government Act;

(l) "farm vehicle" in respect of a registration authorized under

the Garagemen's Lien Act, means a "farm vehicle" as defined in that Act;

(m) "general property order" means an order of a court or an order

authorized by an enactment or a federal Act or statutory instrument that

creates or affects an interest in property, but does not include

(

i) an order that may be registered under

section 23 or

26 of the Matrimonial Property Act, or

(ii) a court order that renews, discharges or otherwise

amends a registration;

(n) "maintenance order" means a maintenance order referred to in

section 16 of the Maintenance Enforcement Act;

(o) "mobile home" means a structure, whether ordinarily equipped

with wheels or not, that is not self-propelled and is designed

(

i) to be moved from one place to another by being

towed or carried, and

(ii) to be used as

(

A) a dwelling house or premises,

(

B) a business office or premises, or

(

C) accommodation for a purpose other than

one described in paragraph (

A) or (B);

(p) "motor vehicle" means,

(

i) except in respect of a garageman's lien, a mobile

device that is propelled primarily by any power other than muscular power

(

A) in, on or by which a person or thing

may be transported or drawn, and that is designed for use on a road or

natural terrain, or

(

B) that is used in the construction or

maintenance of roads,

and includes a pedal bicycle with a motor attached,

a combine or tractor, but does not include a device that runs on rails or

machinery designed only for use in farming, other than a combine or

tractor, and

(ii) in respect of a garageman's lien, "motor vehicle"

as defined in the Garagemen's Lien Act;

(q) "prescribed form" means a form prescribed by the Minister

pursuant to

section 3;

(r) "real property" means land, an interest in land, including a

leasehold interest in land, and a right to payment arising in connection

with an interest in land, including an interest in rental payments payable

under a lease of land, but does not include a right to payment evidenced by

a security or an instrument to which the Act applies;

(s) "receiver" means a receiver appointed under the Civil

Enforcement Act;

(t) "receiver's report" means a notice referred to in

section 33(2)

of the Civil Enforcement Regulation (AR 276/95);

(u) "registrant code" means the number assigned to a secured party

or transmitting party by the Registrar pursuant to

section 23;

(v) "registration package" means one or more financing statements

or financing change statements, together with any attachments, submitted at

the same time for registration by a secured party;

(w) "secured party" means with respect to the registration of

forms, where the registration is

(

i) in respect of a security interest, a "secured

party" as defined in the Act,

(ii) authorized under the Sale of Goods Act or the

Factors Act, a person who, having bought goods, leaves the goods or the

documents of title to the goods that are the subject of the registration in

the possession of the seller,

(iii) authorized under the Garagemen's Lien Act, a

garageman under the Garagemen's Lien Act,

(iv) in respect of a writ of enforcement, the

enforcement creditor,

(

v) authorized to be registered under the Matrimonial

Property Act, a spouse in whose favour an order is registered under

section

23 or 26 of the Matrimonial Property Act,

(vi) authorized to be registered under the Workers'

Compensation Act or the Railway Act, the Workers' Compensation Board or the

holders or trustees referred to in

section 63 of the Railway Act, as the

case may be,

(vii) in respect of a Crown charge, the holder of the

Crown charge,

(viii) in respect of a charge on land, the person

claiming the charge,

(ix) in respect of a general property order, the person

in whose favour the order is given,

(

x) in respect of a stay, the judgment creditor,

(xi) in respect of a statutory charge, the person

claiming the statutory charge,

(xii) in respect of a receiver's report, the receiver,

and

(xiii) in respect of a maintenance order, the person

in whose favour the maintenance order is given;

(x) "secured party code" means a code assigned to a secured party

by the Registrar pursuant to

section 23;

(y) "serial number goods" means,

(

i) except in respect of a garageman's lien, a motor

vehicle, a trailer, a mobile home, a designated manufactured home, an

aircraft, a boat or an outboard motor for a boat, and

(ii) in respect of a garageman's lien, a motor vehicle

or farm vehicle;

(z) "status report" means a financing change statement that is used

for the purposes of

(

i) renewing or amending the registration of a writ of

enforcement, or

(ii) amending a registration relating to

(

A) an attachment order,

(

B) a general property order,

(

C) a maintenance order, or

(

D) a receiver's report;

(aa) "statutory charge" means a lien, charge or other interest that

(

i) affects property, and

(ii) is created under an enactment in force in Alberta;

(bb) "tractor" means a self-propelled vehicle that is designed for

drawing other vehicles or machines;

(cc) "trailer" means a device in, on or by which a person or thing

may be transported or drawn that is not self-propelled and that is designed

to be drawn on a road by a motor vehicle, but does not include a mobile

home;

(dd) "transmitting party" means a party authorized by the Registrar

to effect the registration of a financing statement or financing change

statement by transmitting data electronically to the Registry;

(ee) "verification statement" means a verification statement under

section 55.

(2) For the purposes of the Act and this Regulation, any form prescribed

by the Civil Enforcement Act that may be registered in the Registry is

considered to be a financing statement or a financing change statement, as

the case may be.

PART 2

GENERAL

Interests to be registered

2 In addition to anything else that may be registered in the Registry

pursuant to an enactment, the following interests, rights or claims may be

registered in the Personal Property Registry:

(

a) a Crown charge;

(

b) a charge on land;

(

c) a general property order;

(

d) a statutory charge.

Forms

3(1) The Minister may prescribe any form to be used for the purposes of

the Act and this Regulation.

(2) A secured party is responsible for ensuring that all information on a

prescribed form submitted for registration in the Registry is fully and

accurately completed and is in accordance with the Act and this Regulation.

(3) Where any enactment authorizes a financing statement or financing

change statement to be registered in the Registry, the form to be used is

the prescribed form that is provided by the Registrar or a person

designated by the Registrar.

Electronic data

4(1) Notwithstanding

section 3, the Registrar may authorize a party to

transmit data electronically to effect the registration of a financing

statement or financing change statement.

(2) The requirements under this Regulation applicable to the completion of

forms to be submitted to the Registrar for registration apply, with all

necessary modifications, to the electronic version of a financing statement

or financing change statement and a reference in this Regulation to a form

includes a reference to the electronic version of the form.

Length of registration (PPSA, Sale of Goods Act, Factors Act)

5(1) A registration of a financing statement or financing change statement

in relation to a security interest or an interest under the Sale of Goods

Act or the Factors Act is effective for the period of time selected by the

secured party.

(2) For the purposes of subsection (1), a secured party may select

"infinity" or a number of whole years from 1 to 25, inclusive.

Length and scope of registration (writs of enforcement)

6 A registration relating to a writ of enforcement may be renewed for one

or more further periods of 2 years each from the date of the registration

of the renewal.

Length of registration (other interests)

7 The registration of a financing statement does not expire if the

registration is in respect of

(

a) an order under

section 23 or 26 of the Matrimonial Property

Act,

(

b) a mortgage deed under

section 63 of the Railway Act,

(

c) an interest under

section 126 of the Workers' Compensation Act,

(

d) a Crown charge,

(

e) a stay,

(

f) a statutory charge,

(

g) a receiver's report,

(

h) a maintenance order,

(

i) a charge on land, or

(

j) a general property order.

Calculation of registration period

8(1) For the purpose of calculating the period of effectiveness of a

registration,

(

a) the time from registration up to but not including 12:00 a.m.

of the first anniversary date of the date of registration is the first year

of the period, and

(

b) the time from each subsequent anniversary date up to but not

including 12:00 a.m. of the next anniversary date is a year.

(2) For the purposes of subsection (1), the anniversary date of a

registration made on February 29 is

(

a) where the year in which the registration is to expire is a leap

year, February 29, and

(

b) where the year in which the registration is to expire is not a

leap year, March 1.

(3) Subsections (1) and (2) also apply to the term of registration

relating to a garageman's lien.

Authorization

9(1) A financing statement or financing change statement must be signed by

(

a) the secured party or a person having the authority to sign for

the secured party,

(

b) a person entitled to register a financing change statement

pursuant to

section 50(5) of the Act, or

(

c) an authorized representative of the civil enforcement agency

conducting the seizure, in the case of a seizure of a security interest or

encumbrance pursuant to

section 51 of the Civil Enforcement Act.

(2) The transmitting party may register a financing statement or financing

change statement without requiring proof that the signature on it is that

of the secured party or a person having the authority to sign on behalf of

the secured party.

(3) An electronic version of a financing statement or financing change

statement referred to in

section 4(1) is deemed to be signed by the secured

party.

Additional pages

10(1) If the space provided in a financing statement or financing change

statement is insufficient to list all secured parties, debtors or

collateral, the secured party must complete additional pages in the

prescribed form provided by the Registrar for "Debtor/Secured Party

Additions", "Serial Number Goods Additions", "General Collateral

Additions", "Debtor/Secured Party Deletions" or "Collateral Deletions", as

the case may be, and attach them to the financing statement or financing

change statement.

(2) Where the number of lien claimants or vehicle owners exceeds the

number that may be included in a garageman's lien financing statement,

additional lien claimants or vehicle owners may be included by using the

prescribed form for "Debtor/Secured Party Additions".

Order of forms

11 Prescribed forms attached to a financing statement or financing change

statement must be attached in the following order:

(

a) Debtor/Secured Party Additions;

(

b) Serial Number Goods Additions;

(

c) General Collateral Additions;

(

d) Court Order, Other Changes and Additional Information;

(

e) Debtor/Secured Party Deletions;

(

f) Collateral Deletions.

Manner of completing forms

12 The information required or permitted by this Regulation to be set out

on a prescribed form submitted for registration in the Registry must not

contain any punctuation marks, symbols or abbreviations, other than as set

out in Column 2 of

Schedule 1.

Authorized abbreviations

13(1) The abbreviations set out for the provinces and other jurisdictions

referred to in

Part 1 of

Schedule 2 must be used in the area for "Prov." in

completing the address for a debtor or secured party.

(2) Where "XX" is used to indicate a jurisdiction not specifically listed

Part 1 of

Schedule 2, the secured party must

(

a) attach to the financing statement or financing change statement

the prescribed form for "Court Order, Other Changes and Additional

Information",

(

b) place an "X" next to "Additional Information", and

(

c) in the area for particulars, specify

(i) "Further information relating to name or address:",

(ii) the name of the party to whom the address applies,

(iii) whether the party referred to in subclause (ii) is

a debtor or secured party, and

(iv) the complete address of the party.

(3) The name abbreviations set out in Column 2 of

Part 2 of

Schedule 2 may

be used in any financing statement or financing change statement in place

of the information set out in Column 1.

(4) Information provided in a financing statement or financing change

statement may be truncated in the computerized system of the Registry.

Spacing

14(1) The secured party must complete any information in a prescribed form

within the space provided.

(2) The secured party must not include

(

a) more than one name on a line provided for the secured party or

debtor, or

(

b) more than one item of collateral on a line in the area set out

for a description of serial number goods.

Rejections

15 The Registrar may refuse to accept for registration any financing

statement, financing change statement or other document if the Registrar

considers it to be ambiguous, incomprehensible, illegible or incomplete or

not suitable for the purposes of registration.

Statement covering one or more security interests

16 A financing statement may cover one or more security interests in the

collateral described, whether arising on, before or after October 1, 1990

and whether or not registered under prior registration law as defined in

section 74 of the Act.

Re-regis-tration of interest registered prior to October 1, 1990

17(1) Where

section 75 of the Act provides for the continuation of the

registered or perfected status of an interest by registration in the

Personal Property Registry, a financing statement must be registered before

that registered or perfected status ceases to be effective.

(2) Where "PPSA Security Agreement" is specified as the type of

registration, a registration of a financing statement under this

section

covers any security interest in the collateral described that was

previously the subject of one or more registrations with the Central

Registry, Vehicle Registry or Registrar of Corporations, if those

registrations have been identified on the financing statement in accordance

with this section.

(3) In a financing statement under subsection (1),

(

a) the names of the secured party and the debtor must be in

accordance with sections 19, 20, 21 and 24, and

(

b) the description of the collateral must be in accordance with

sections 34, 35, 36 and 37, and in the case of a registration under

section

75(2.1) of the Act, in accordance with

section 30 of this Regulation.

(4) In a financing statement under subsection (1), the secured party must

(

a) specify with an "X", with respect to each registration being

continued, whether the previous registration was registered with the

Central Registry, Vehicle Registry or the Registrar of Corporations, or any

2 or more of them, and

(

b) attach to the financing statement the prescribed form for

"Court Order, Other Changes and Additional Information",

(

i) placing an "X" next to "Additional Information",

and

(ii) in the area for Particulars, specifying "Previous

Registration Number:" followed by, with respect to each registration being

continued,

(

A) in the case of a previous registration

with the Central or Vehicle Registry, the registration number of the

financial interest statement if the registration has not been amended, or

the registration number of the latest amending financial interest statement

if the registration has been amended, and

(

B) in the case of a previous registration

with the Registrar of Corporations, the corporate access number.

Re-regis-tration after lapse or discharge

18(1) A secured party may re-register a security interest pursuant to

section 35(6) of the Act by registering a financing statement.

(2) Where a financing statement is to be registered under subsection (1),

the secured party must attach to the financing statement the prescribed

form for "Court Order, Other Changes and Additional Information",

(

a) placing an "X" next to "Additional Information", and

(

b) in the area for "Particulars", specifying

(

i) that the registration is a re-registration pursuant

section 35(6) of the Act, and

(ii) the registration number of the registration that

lapsed or was discharged.

PART 3

DEBTOR AND SECURED PARTY NAMES

Individual or business name

19 In specifying the name of a debtor or a secured party, the secured

party must indicate on the financing statement or the financing change

statement whether the name is that of

(

a) an individual, in which case an "X" must be placed next to

"Individual", or

(

b) an artificial body, in which case an "X" must be placed next to

"Business".

Specifying names of individuals

20(1) This

section applies where the name of the debtor or secured party

to be set out in a financing statement or financing change statement is an

individual.

(2) The last name followed by the individual's first name and middle name,

if any, must be specified.

(3) If the individual has more than one middle name, the first of the

middle names must be specified.

(4) If the name does not consist of both a first name and last name, that

name must be shown as the individual's last name.

(5) Where the name includes a designation such as "Junior", that

designation must be specified following the first name.

(6) Where the individual carries on business under a name or style other

than the individual's own name, the individual's own name must be given and

must be indicated as the name of an individual for the purposes of

section

(7) The name of the individual is to be determined for the purposes of

this

section by the following:

(

a) where the individual was born in Canada and the individual's

birth is registered in Canada with a government agency responsible for the

registration of births, the name of the individual is the name as stated in

the individual's birth certificate or equivalent document issued by the

government agency;

(

b) where the individual was born in Canada but the individual's

birth is not registered in Canada with a government agency responsible for

the registration of births, the name of the individual is

(

i) the name as stated in the current passport issued

(ii) if the individual does not have a current Canadian

passport, the name as stated in a current social insurance card issued to

(iii) if the individual does not have a current Canadian

passport or social insurance card, the name as stated in a current passport

issued to the individual by the government of a jurisdiction other than

Canada where the individual habitually resides;

(

c) where the individual was not born in Canada but is a Canadian

citizen, the name of the individual is the name as stated in the

individual's certificate of Canadian citizenship;

(

d) where the individual was not born in Canada and is not a

Canadian citizen, the name of the individual is

(

i) the name as stated in a current visa issued to the

(ii) if the individual does not have a current Canadian

visa, the name as stated in a current passport issued to the individual by

the government of the jurisdiction where the individual habitually resides,

(iii) if the individual does not have a current Canadian

visa or a current passport, the name as stated in the birth certificate or

equivalent document issued to the individual by the government agency

responsible for the registration of births at the place where the

individual was born;

(

e) notwithstanding clauses (

a) to (

d) and subject to clause (f),

(

i) if the individual changes name because of marriage

and that name is recognized under the law of the jurisdiction where the

individual habitually resides, the name of the individual is the name

adopted by the individual after marriage, and

(ii) if the individual changes name in accordance with

change of name legislation, the name of the individual is the name as

stated in the individual's change of name certificate or equivalent

document, as the case may be;

(

f) where the law of the jurisdiction where the individual

habitually resides allows a person to use both the name adopted after

marriage and the name that person had before marriage, and the individual

uses both names, clauses (

a) to (

d) continue to apply and both the name of

the individual determined in accordance with those clauses and the name

adopted after marriage must be registered as separate individual names;

(

g) in a case not falling within clauses (

a) to (f), the name of

the individual is the name as stated in any 2 of the following documents

territory of Canada:

(

i) a current motor vehicle operator's licence;

(ii) a current vehicle registration;

(iii) a current medical insurance card.

(8) For the purposes of subsection (7), the name of the individual must be

determined as of the date of the event or transaction to which the

registration relates.

(9) In addition to specifying the name of the individual in accordance

with subsections (1) to (8), the secured party may enter any other name of

the individual of which the secured party has knowledge as a separate

debtor or secured party name.

Specifying names of artificial bodies

21(1) This

section applies where the name of the debtor or secured party

to be set out in a financing statement or financing change statement is an

artificial body.

(2) The following must be specified:

(

a) in the case of a body corporate, the name of the body

corporate;

(

b) in the case of an estate of a deceased individual, the first

name followed by the middle name, if any, followed by the last name of the

deceased, followed by the word "estate";

(

c) in the case of a trade union, the name of the trade union and

the name of each individual representing the trade union in the transaction

giving rise to the registration;

(

d) in the case of a trust,

(

i) where the document creating the trust designates a

name for the trust, the name of the trust, followed by the word "trust", or

(ii) where the document creating the trust does not

designate a name for the trust, the first name followed by the middle name,

if any, followed by the last name of one of the trustees, followed by the

word "trustee";

(

e) in the case of an estate of a bankrupt individual, the first

name followed by the middle name, if any, followed by the last name of the

bankrupt, followed by the word "bankrupt";

(

f) in the case of a bankrupt artificial body, the name of the

artificial body followed by the word "bankrupt".

(3) If the debtor is a debtor because of membership in or association with

an artificial body that is not a corporation or trade union, the following

must be specified as the debtor:

(

a) in the case of an artificial body that is a partnership

registered under the Partnership Act, the registered name of the

partnership;

(

b) in the case of an artificial body that is any other

partnership, the name of the partnership and at least one of the partners;

(

c) in the case of an artificial body that is an unincorporated

association or organization, the name as set out in the constitution,

charter or other document creating the association or organization and the

name of each person representing the artificial body in the transaction

giving rise to the registration;

(

d) in the case of an artificial body that is a syndicate or joint

venture, the name of the syndicate or joint venture set out in the document

creating it and the name of each party to or participant in it;

(

e) in the case of an artificial body other than one mentioned in

clauses (

a) to (d), the name of the artificial body and the name of each

person representing the artificial body in the transaction giving rise to

the registration.

(4) For the purposes of subsections (2) and (3), a person representing an

artificial body in a transaction is a person who has power to bind the

artificial body or its officers or members and who has exercised that power

in the formation of the contract or contracts involved in the transaction.

(5) Where under subsection (2)(

c) or (3)(

b) to (e)

(

a) an individual is identified, the individual must be identified

in the manner provided for an individual under sections 19 and 20, or

(

b) a body corporate is identified, it must be identified in the

manner provided for a body corporate under subsection (2)(

a) and

section

(6) Section 20(3) and (4) apply to a person referred to in subsection

(2)(

d) and (

e) of this section.

(7) Notwithstanding subsection (2)(a), if

(

a) the debtor is a corporation,

(

b) the name of the debtor is in more than one of the following

forms

(ii) a French form, or

and

(

c) the debtor uses more than one form of its name in Alberta at

the time of registration,

the financing statement or financing change statement must set out, as

separate debtor names, all forms of the name of the debtor that are used by

it in its business dealings in Alberta.

Name of debtor re writ

22(1) The name of the debtor on a financing statement submitted for

registration in respect of a writ of enforcement must be the name of the

debtor as it appears on the judgment.

(2) In addition to the name of the debtor shown on a financing statement

under subsection (1), any other names by which the debtor may be known may

be added to the registration by registering a status report in respect of

the writ of enforcement.

Secured party or registrant code

23(1) The Registrar may assign a code to a secured party or a transmitting

party and the code may be set out in a financing statement or in a

financing change statement instead of the name and address of the

transmitting party or secured party.

(2) If a transmitting party or secured party sets out a registrant code or

secured party code on a financing statement or financing change statement

in addition to a name and address, and there is a conflict between the name

or address to which the code refers and the name or address specified in

the financing statement or financing change statement, the name or address

specified in the financing statement or financing change statement is of no

effect to the extent of the conflict.

Additional space for name or address

24(1) If the space provided in a financing statement or financing change

statement is insufficient to complete the name or address of a secured

party, debtor or transmitting party, the secured party may use the

prescribed form for "Court Order, Other Changes and Additional Information"

to complete the name or address in accordance with subsection (2).

(2) A secured party referred to in subsection (1) must

(

a) place an "X" next to "Additional Information",

(

b) specify in the area for "Particulars"

(i) "Further information relating to name or address:",

(ii) the name of the party for whom the name or address

information is incomplete, as that name appears on the financing statement

or financing change statement,

(iii) whether the party referred to in subclause (ii) is

a debtor, secured party or transmitting party,

(iv) whether the incomplete information relates to name

or to address, and

(

v) the name or address information required,

and

(

c) attach the form completed in accordance with clauses (

a) and

(

b) to the financing statement or financing change statement.

PART 4

DESCRIPTION OF COLLATERAL

Matrimonial property order

25 Where a financing statement is submitted for registration in respect

of a matrimonial property order under the Matrimonial Property Act,

(

a) any mobile home or household goods that are serial number goods

must be described in accordance with

section 35, and

(

b) any household goods that are not serial number goods must be

described in accordance with

section 36(2)(a).

Writ of enforcement

26 Where a financing statement is submitted for registration in respect of

a writ of enforcement,

(

a) except as provided in clause (b), a description of the property

bound by the writ is not required, and

(

b) for the purposes of

section 36(3) of the Civil Enforcement Act,

a description by serial number must be provided in accordance with

section

Garageman's lien

27 Where a financing statement is submitted for registration in respect

of a garageman's lien, a motor vehicle or farm vehicle must be described in

accordance with

section 35.

Railway Act

28 Where a financing statement is submitted in relation to the

registration of a mortgage deed under

section 63 of the Railway Act, the

collateral must be described in accordance with

section 36(2)(

b) or (c).

Workers' Compensa-tion Board

29 Where a financing statement is submitted in relation to the

registration of a charge under

section 126 of the Workers' Compensation

Act, the collateral must be described under "Collateral: General" as "all

present and after-acquired personal property".

Sale of Goods Act

30 Where a financing statement is submitted for registration, as

authorized by the Factors Act or the Sale of Goods Act,

(

a) goods that are serial number goods must be described in

accordance with

section 35, and

(

b) goods other than serial number goods must be described in

accordance with

section 36(2)(a).

Crown charge

31(1) Subject to subsection (2), where a financing statement is submitted

for registration in respect of a Crown charge or a statutory charge, the

secured party must describe the collateral under "Collateral: General" and

specify the law that creates the charge.

(2) Where a financing statement is submitted for registration in respect

of a statutory charge against a designated manufactured home, the secured

party must provide a description of the goods by serial number in

accordance with

section 35 and must specify the law that creates the

charge.

Charge on land

32 Where a financing statement is submitted for registration in respect

of a charge on land, the secured party is not required to provide a

description of the collateral.

Stays, statutory liens and receiver's reports

33 Where a financing statement is submitted for registration in respect

of a stay or receiver's report, the secured party is not required to

provide a description of collateral.

Collateral description

34(1) Where a financing statement is submitted for registration in respect

of a security interest in collateral that is serial number goods,

(

a) if the goods are consumer goods, the secured party must provide

a description of the goods by serial number in accordance with

section 35,

and

(

b) if the goods are equipment or inventory, the secured party may

provide a description of the goods in accordance with

section 36 or by

serial number in accordance with

section 35.

(2) Where a financing statement is submitted for registration of a

security interest in collateral that is other than serial number goods, the

secured party must provide a description of the collateral in accordance

with

section 36.

Contents of serial number description

35(1) Where collateral is required to be described under this section, the

description must be set out in the space provided for serial number

description, and must include

(

a) the last 25 characters of the serial number for the collateral

or all the characters if the serial number contains less than 25

characters,

(

b) the 4 digits for the model year of the collateral,

(

c) the make and model of the collateral, and

(

d) the appropriate 2-character code set out in Column 2 of

Schedule 3 for the category of collateral.

(2) For the purposes of subsection (1)(a), the serial number for

(

a) a trailer, mobile home, designated manufactured home or motor

vehicle, other than an automobile or truck, is the serial number located on

the chassis,

(

b) an automobile or truck is the vehicle identification number

located on the body frame,

(

c) a boat that is of a type

(

i) that can be registered, recorded or licensed under

the Canada Shipping Act (Canada) is the registration, recording or licence

number that is assigned to the boat, or

(ii) not referred to in subclause (

i) is the serial

number of the boat,

(

d) an aircraft that must be registered under the Aeronautics Act

(Canada) is the registration marks assigned to the airframe by the

Department of Transport (Canada), omitting any hyphen,

(

e) an aircraft, other than an aircraft referred to in clause (d),

that must be registered under the law of a state that is a party to the

Convention on International Civil Aviation 1944 (Chicago) is the

registration marks assigned to the airframe by the relevant licensing

authority, omitting any hyphen, and

(

f) an aircraft, other than an aircraft referred to in clause (

d) or (e), is the serial number of the airframe.

(3) For the purposes of subsection (1)(c), ditto marks may be used to

indicate that the make and model of serial number goods is the same as that

for the immediately preceding serial number goods described.

(4) Where the registration relates to a lien on an airplane under the

Garagemen's Lien Act, the serial number of the airplane is the serial

number of the airframe pursuant to subsection (2)(d), (

e) or (f).

(5) Where the collateral to be described under this

section is a boat or

an aircraft and

(

a) the registration is in respect of a lien under the Garagemen's

Lien Act, and

(

b) the boat is not registered, recorded or licensed as provided in

subsection (2)(c)(

i) or the aircraft is not registered as provided in

subsection (2)(

d) or (e),

the serial number is the serial number of the boat or airframe.

(6) Unless otherwise provided by subsection (2), the serial number of

collateral is the serial number that is assigned by the manufacturer and is

cut, embossed or otherwise permanently marked or attached on the

collateral.

(7) In completing a serial number, the secured party must not include

(

a) any hyphens, nor

(

b) any words, punctuation marks or symbols that are not part of

the serial number.

(8) Where collateral to be described by serial number does not have a

serial number referred to in subsection (6), a serial number may be

assigned to the collateral if it contains at least 6 characters and is cut,

embossed or otherwise permanently marked or attached on the collateral.

(9) Subsection (8) does not apply to collateral that is a boat referred to

in subsection (2)(c)(

i) or an aircraft referred to in subsection (2)(

d) or

(

e) other than a boat or aircraft referred to in subsection (5).

Collateral to be described other than by serial number

36(1) This

section applies where a financing statement is submitted for

the registration of a security interest in

(

a) collateral other than serial number goods, or

(

b) serial number goods not described in accordance with

section 35

in the case of inventory or equipment.

(2) Where collateral is to be described under this section, the secured

party must set out the description under "Collateral: General" and must

provide

(

a) a description of the collateral by item or kind or as "goods",

"chattel paper", "securities", "documents of title", "instruments", "money"

or "intangibles",

(

b) a statement indicating that a security interest is taken in all

of the debtor's present and after-acquired personal property,

(

c) a statement indicating that a security interest is taken in all

of the debtor's present and after-acquired personal property except

specified items or kinds of personal property or except personal property

described as "goods", "chattel paper", "securities", "documents of title",

"instruments", "money" or "intangibles", or

(

d) a description of the collateral as inventory, but such a

description is valid for the purposes of this

section only while the

collateral is held by the debtor as inventory.

(3) A description is inadequate for the purposes of subsection (2) if it

describes collateral as consumer goods or equipment without further

reference to the kind of collateral.

Proceeds description

37 Where collateral that is proceeds is to be described pursuant to

section 28(2)(

a) or (3) of the Act,

(

a) if the proceeds are serial number goods that are consumer

goods, the secured party must provide a description of the goods in

accordance with

section 35;

(

b) if the proceeds are serial number goods that are equipment, the

secured party may

(

i) provide a description of the goods in accordance

with

section 36 and must write "Proceeds:" preceding the description, or

(ii) provide a description of the goods in accordance

with

section 35;

(

c) if the proceeds are inventory or collateral other than serial

number goods, the secured party must provide a description of the proceeds

in accordance with

section 36 and must write "Proceeds:" preceding the

description.

PART 5

FINANCING STATEMENTS - MISCELLANEOUS

Other registrations

38 A secured party who submits a financing statement for the registration

of an interest listed in

Schedule 5 must

(

a) place an "X" next to "Other" under "Registration Type", and

(

b) specify in the space provided after "Specify Type" the

applicable 2-letter code from

Schedule 5 to identify the particular

registration type.

Court orders, etc.

39 Where a financing statement is submitted in respect of a court order,

stay or receiver's report that is an initial registration, the secured

party must attach to the financing statement the prescribed form for "Court

Order, Other Changes and Additional Information" that has been completed by

(

a) placing an "X" next to "Court Order", and

(

b) specifying in the area for "Particulars"

(

i) the Court,

(ii) the date and court file number of the order,

(iii) the judicial district out of which it was issued,

and

(iv) its effect.

PART 6

FINANCING CHANGE STATEMENTS

Use of financing change statements

40 A financing change statement may be used to

(

a) renew, discharge or otherwise amend any consolidated

registration commenced by registration of a financing statement,

(

b) discharge or otherwise amend a pre-October 1, 1990 registration

of a matrimonial property order, garageman's lien or employment standards

order, or

(

c) discharge any pre-October 1, 1990 registration of a conditional

sales contract, bill of sale, chattel mortgage or assignment of book debts.

Financial report re enforcement debtor

41 A notice, stating that an enforcement creditor has under Rule 370 of

the Alberta Rules of Court (AR 390/68) been furnished with a financial

report regarding an enforcement debtor, may be registered by submitting for

registration a status report in respect of the writ of enforcement.

Deletion of information

42(1) Where a financing change statement is submitted to amend a

consolidated registration by deleting a block of information in respect of

a debtor, a secured party or collateral, the secured party must specify the

block number for that information, and may provide a description of the

information to be deleted.

(2) Where a block number is specified for deletion, the entire block of

information relating to that block number must be deleted.

(3) In the event of a conflict between the block number specified for

deletion and a description of the information to be deleted, the block

number prevails.

Court orders

43 Where a financing change statement, other than a garageman's lien

financing change statement, is submitted in respect of a court order, the

secured party must

(

a) identify the changes to the consolidated registration by

completing all relevant information regarding renewal, total discharge,

deletions or additions, and

(

b) attach to the financing change statement the prescribed form

for "Court Order, Other Changes and Additional Information",

(

i) placing an "X" next to "Court Order", and

(ii) specifying in the area for "Particulars"

(

A) the court,

(

B) the date and court file number of the

order,

(

C) the judicial district out of which it

was issued, and

(

D) its effect.

Subordin-ations

44 Where a financing statement or financing change statement is submitted

in respect of a subordination, the secured party must attach to the

financing statement or financing change statement the form for "Court

Order, Other Changes and Additional Information",

(

a) placing an "X" next to "Other Change", and

(

b) specifying in the area for "Particulars"

(

i) the registration number of the registration to

which the security interest is being subordinated, or where the security

interest is being subordinated to an interest not registered in the

Registry, a description of the interest, and

(ii) a description of the collateral to which the

subordination applies, if the subordination applies to only part of the

collateral.

Change of name or transfer

45 Where a financing change statement is submitted in respect of a change

of name of a secured party or debtor, or a transfer by a secured party of

the secured party's or debtor's entire interest, the secured party must

(

a) specify under "Deletions" the block number for the name to be

changed or for the transferor, and

(

b) specify under "Additions" the new name or the name of the

transferee, together with the required information relating to an address.

Change of name or address affecting multiple registrations

46(1) A secured party may submit a "Global Financing Change Statement" in

the prescribed form to

(

a) change the name or address of a secured party, or

(

b) disclose a transfer by a secured party of the secured party's

entire interest

in relation to all registrations showing a secured party code for the

secured party.

(2) The "Global Financing Change Statement" may only be used for a

transfer under subsection (1) if the transferee has a secured party code.

Partial transfers

47 Where a financing change statement is submitted in respect of

(

a) the transfer by a secured party of a part of a security

interest or a security interest in part of the collateral, or

(

b) the transfer by a debtor of a partial interest in the

collateral, or a transfer of a part of the collateral,

the secured party must

(

c) disclose the transferee by completing the information required

for the new secured party or debtor, as the case may be, under "Additions",

and

(

d) attach to the financing change statement the prescribed form

for "Court Order, Other Changes and Additional Information",

(

i) placing an "X" next to "Other Change", and

(ii) specifying, in the area for "Particulars", the

extent of the interest or the collateral being transferred and the names of

the transferor and transferee.

Trust indentures

48 Where a financing change statement is submitted to disclose that the

consolidated registration relates to or no longer relates to a security

interest arising under a trust indenture, the secured party must attach to

the financing change statement the form for "Court Order, Other Changes and

Additional Information",

(

a) placing an "X" next to "Other Changes", and

(

b) specifying in the area for "Particulars" that the consolidated

registration relates to or no longer relates to a security interest arising

under the trust indenture.

Changes of "Court Order, Other Changes, Additional Information"

49 Where a financing change statement is submitted to change information

previously provided under "Court Order, Other Changes and Additional

Information", the secured party must attach to the financing change

statement the prescribed form for "Court Order, Other Changes and

Additional Information",

(

a) placing an "X" next to "Court Order", "Other Changes" or

"Additional Information", as the case may be, to refer to the heading of

information being changed, and

(

b) specifying, in the area for "Particulars", a description of the

change.

Proof of service of demand

50 Where a financing change statement is submitted for registration

pursuant to

section 50(5) of the Act, it must be accompanied by a statutory

declaration in the prescribed form as proof that the demand referred to in

section 50(3) of the Act has been given to the secured party.

Court order to amend garageman's lien registration

51 Where a garageman's lien financing change statement is submitted in

respect of a court order other than to extend the time for seizure, the

secured party must identify the changes to the registration by completing

the appropriate prescribed forms under

section 10 for additions or

deletions of secured parties, debtors or collateral, and attach those pages

immediately following the garageman's lien financing change statement.

Seizure of security interest

52 For the purposes of registering a notice of seizure of a security

interest pursuant to

section 51 of the Civil Enforcement Act, the secured

party must

(

a) complete a financing change statement, and

(

b) attach to the financing change statement the form for "Court

Order, Other Changes and Additional Information", that has been completed

(

i) placing an "X" next to "Other Change", and

(ii) indicating in the area for "Particulars"

(

A) that seizure of a specified security

interest has been made,

(

B) the name of the enforcement debtor, and

(

C) the name of the enforcement creditor.

Identifying agreement by date

53 A secured party who, for the purpose of complying with a demand under

section 59.2(6) of the Law of Property Act, amends a registration in

respect of a charge on land to identify by date the agreement to which it

relates must on a General Collateral Additions form state "The date of the

agreement to which the charge on land relates is" and then specify the date

of the agreement.

Corrections by Registrar

54(1) The Registrar may register a financing statement or financing change

statement to correct any error of the Registry in the registration of a

financing statement or financing change statement and may sign the

financing statement or financing change statement as the secured party.

(2) Any changes to a consolidated registration made by the Registrar under

subsection (1) are effective only from the time the changes are made.

PART 7

VERIFICATION STATEMENTS

AND NOTICES OF DISCHARGE

Sending of verification statements

55(1) On registering a financing statement or financing change statement,

the Registrar may send, by ordinary mail, to the person specified in the

financing statement or financing change statement as the transmitting

party, a verification statement to confirm the registration of the

information on the financing statement or financing change statement.

(2) Where a "Global Financing Change Statement" is registered, the

verification statement may be sent to

(

a) the transmitting party, and

(

b) any secured party in respect of whom the change is made.

(3) Where a financing change statement totally discharges a consolidated

registration, the Registrar may send a verification statement providing

notice of the discharge to the secured party and the transmitting party.

Use of verification statements

56(1) A verification statement, other than a verification statement

referred to in

section 55(2), may be submitted to a transmitting party by a

secured party to do one of the following:

(

a) totally discharge the consolidated registration;

(

b) renew the consolidated registration;

(

c) in the case of a registration relating to a garageman's lien,

register an order of the Court extending the time for seizure;

(

d) request a correction of an error made by the secured party or

the transmitting party in registering information.

(2) The portion of a verification statement to be used for the purposes

specified in subsection (1) is deemed to be a financing change statement

for the purposes of the Act and this Regulation.

(3) Where a verification statement is submitted under subsection (1)(c),

the Court order extending the time for seizure must be submitted to the

transmitting party together with the verification statement.

Correction of Registry errors

57 Where a secured party submits for registration a verification

statement pursuant to

section 56(1)(d), the secured party must

(

a) identify the incorrect information by drawing a line through

it,

(

b) type or print the correct information, and

(

c) return to the transmitting party the first page of the

verification statement together with any pages showing requested

corrections.

PART 8

ADMINISTRATION

Search results

58 The results of a search of the Registry

(

a) must include information actively maintained in the Registry

corresponding to the search criterion specified by the person requesting

the search, and

(

b) may include information actively maintained in the Registry

corresponding to search criteria similar to those provided by the person

requesting the search.

Schedule 4 fees

59(1) The fees set out in

Schedule 4 are required to be paid for the

services referred to in that Schedule.

(2) The Registrar may refund the fee for a registration, less $30, if

(

a) the Registrar is satisfied that, due to a clerical error, the

registration was for a longer period than intended,

(

b) the registration has been discharged, and

(

c) application for the refund is made within 60 days after the

date of registration.

Fee for demand for information

60 For the purposes of

section 18 of the Act, the prescribed fee that may

be required by a person to whom a demand is made under that

section is

(a) $15, plus

(b) $0.50 for each page of a security agreement or amendment if a

demand is made for a copy of the security agreement or amendment.

Fee for receivers

61 For the purposes of

section 65(6) of the Act, the prescribed fee that

may be demanded by a receiver under that subsection is

(a) $15, plus

(b) $0.50 for each page of the financial statement or final account

if a demand is made for copies of the financial statement or final account.

Exemption from fees

62(1) No fees are payable by a Government department as defined by the

Public Service Act if an agreement is established with that department

providing that fees are not to be charged.

(2) No fees are payable by a government of another province of

Canada or of a state of the United States of America if reciprocal

provisions have been made with that government to provide no-charge

services to the Government of Alberta for services similar to those

provided by the Registry.

(3) No fees are payable by a member of a municipal police force

or the Royal Canadian Mounted Police with respect to searches or copies of

documents required by the member in the execution of his duties if the head

of that police force has entered into an agreement with the Registrar for

the provision of no-charge searches to that police force.

Agreements re credit and electronic access

63 The Registrar may enter into an agreement with any person to establish

(

a) services on credit from the Registry, or

(

b) electronic access to the Registry database for the purpose of

searches or registrations.

Assurance fund limits

64(1) The limit on the amount payable in respect of a single action

pursuant to

section 52 of the Act is $200 000.

(2) The limit on the total of all claims for compensation in a single

action under

section 53 of the Act is $2 000 000.

Deemed damages

65 For the purposes of

section 67(2) of the Act, the debtor or the person

disclosed as the debtor is deemed to have suffered damages of not less than

$200.

Fixtures

66(1) Where a notice registered under

section 49 of the Act is signed by

an agent on behalf of the secured party, the notice must be accompanied by

an affidavit in the prescribed form verifying the notice.

(2) A notice registered under

section 49(4) of the Act must be executed by

the secured party or the agent of the secured party in accordance with the

requirements of the Land Titles Act.

(3) Where the Land Titles Act does not provide for the manner of execution

by an artificial body, the notice referred to in subsection (2) must be

executed by an agent.

Application of

Part 4 of the Act

67(1) Except for the following provisions of the Act,

Part 4 of the Act

does not apply to the registration of a stay, statutory charge, receiver's

report, maintenance order or Crown charge or to a registration pursuant to

the Matrimonial Property Act, the Workers' Compensation Act, the

Garagemen's Lien Act, or

section 22 or 33 of the Civil Enforcement Act:

section 43(1) to (3) and (6) to (10);

section 46;

section 47;

section 48;

section 52;

section 54.

(2) Section 44(3) and (4) of the Act apply to the registration of a stay,

statutory charge, receiver's report, maintenance order and Crown charge and

a registration under the Matrimonial Property Act, the Workers'

Compensation Act or

section 22 or 33 of the Civil Enforcement Act.

(3) Section 50 of the Act applies to a registration of a stay, statutory

charge and maintenance order and to a registration made pursuant to

section

22 or 33 of the Civil Enforcement Act.

PART 9

TRANSITIONAL PROVISIONS, REPEALS, EXPIRY

AND COMING INTO FORCE

Transitional

68(1) Sections 20 and 21 apply to financing statements and financing

change statements registered on or after October 1, 2001.

(2) Despite the repeal of the Personal Property Security Regulation (AR

234/90),

section 17 of the Personal Property Security Regulation (AR

234/90) applies to financing statements and financing change statements

registered before October 1, 2001.

(3) A reference in

section 17(3) of this Regulation to sections 20 and 21

is deemed until September 30, 2001 a reference to

section 17 of the

Personal Property Security Regulation (AR 234/90).

Repeals

69(1) The Personal Property Security Regulation (AR 234/90) is repealed.

(2) The Personal Property Security Fees Regulation (AR 121/2000) is

repealed.

Expiry

70 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 June 30, 2006.

Coming into force

71 This Regulation comes into force on July 3, 2001.

SCHEDULE 1

PUNCTUATION

Column 1 Column 2

Ampersand &

Apostrophe '

Comma ,

Dollar Sign $

Hyphen -

Parentheses ()

Per cent Sign %

Period .

Plus Sign +

Quotation Marks "

Virgule /

SCHEDULE 2

ABBREVIATIONS

PART 1

PROVINCE, TERRITORY AND STATE CODES

Canada

Province Code

Alberta AB

British Columbia BC

Manitoba MB

New Brunswick NB

Newfoundland NF

Nova Scotia NS

Northwest Territories NT

Nunavut NU

Ontario ON

Prince Edward Island PE

Quebec PQ

Saskatchewan SK

Yukon Territory YT

UNITED STATES

State Code

Alabama AL

Alaska AK

Arkansas AR

Arizona AZ

California CA

Colorado CO

Connecticut CT

Delaware DE

District of Columbia DC

Florida FL

Georgia GA

Guam GU

Hawaii HI

Idaho ID

Illinois IL

Indiana IN

Iowa IA

Kansas KS

Kentucky KY

Louisiana LA

Maine ME

Maryland MD

Massachusetts MA

Michigan MI

Minnesota MN

Mississippi MS

Missouri MO

Montana MT

Nebraska NE

Nevada NV

New Hampshire NH

New Jersey NJ

New Mexico NM

New York NY

North Carolina NC

North Dakota ND

Ohio OH

Oklahoma OK

Oregon OR

Pennsylvania PA

Puerto Rico PR

Rhode Island RI

South Carolina SC

South Dakota SD

Tennessee TN

Texas TX

Utah UT

Vermont VT

Virginia VA

Washington WA

West Virginia WV

Wisconsin WI

Wyoming WY

OTHER JURISDICTIONS XX

PART 2

NAMES

Column 1 Column 2

Brothers BROS

Caisse Populaire CAISSE POP

Canada CAN

Compagnie CIE

Compagnies CIE

Company CO

Construction CONST

Co-operative CO-OP

Corporation CORP

Division of DIV OF

Credit Union CREDIT U

Incorporated INC

Incorporee INC

Incorporees INC

Limited LTD

Limitee LTEE

Manufacturer MFG

Manufacturers MFG

Manufacturing MFG

Non-personal Liability NPL

SCHEDULE 3

CODES FOR CATEGORIES OF COLLATERAL

Column 1 Column 2

Category of Collateral Code

Mobile Homes MH

Trailers TR

Designated Manufactured Homes

(Applies only to registrations under

Part 10, Division 8.1 of the

Municipal Government Act) MF

Aircraft Registered in Canada AC

Aircraft not Registered in Canada AF

Boats BO

Outboard Motors for Boats OM

Farm Vehicles

(Applies only to registrations

under Garagemen's Lien Act) FV

Motor Vehicles MV

SCHEDULE 4

FEES

Registrations

1 To register a financing statement covering

(

a) a security agreement under the Act or a registration under the

Sale of Goods Act or the Factors Act

$2 per year for optional registration life from 1 to 25 years, or $400 for

infinity registration life

(

b) any other registration authorized under any Act to be made at

the Personal Property Registry

2 To register a writ of enforcement under the Civil Enforcement Act

$10

3 To register a financing change statement covering

(

a) a renewal of a registration relating to a security agreement

under the Personal Property Security Act or a registration under the Sale

of Goods Act or the Factors Act

$2 per year for optional renewal registration life from 1 to 25 years, or

$400 for infinity renewal registration life

(

b) an amendment other than a renewal or total discharge

no charge

(

c) a renewal referred to in (

a) and an amendment referred to in

(

b) the greater of the fee for the renewal or the amendment

(

d) a total discharge

no charge

4 To register

(

a) a status report to renew a writ of enforcement

(

b) a status report, other than one referred to in clause (a), to

amend a writ of enforcement

no charge

5 To register a stay

no charge

6 To register

(

a) a civil enforcement agency report in respect of a seizure

(

b) an amendment to a civil enforcement agency report in respect of

a seizure

no charge

(

c) a civil enforcement agency report in respect of a sale or

distribution or an amendment to a civil enforcement agency report in

respect of a sale or distribution

no charge

7 To register

(

a) a maintenance order

(

b) a status report to amend a maintenance order

no charge

8 To register a Global Financing Change Statement

no charge

Search Requests

1 To obtain a related writ search

2 To obtain a distribution seizure search for the purposes of the Civil

Enforcement Act

3 To obtain any other search result

$1 for each name, serial number or registration number searched

Miscellaneous

1 To obtain a photocopy of a document

$1 per page

2 Additional charge to certify a copy obtained in item 1

$5 per registration

3 To obtain periodic reports

$0.50 for each registration disclosed

SCHEDULE 5

OTHER REGISTRATION TYPES

Registration Type Code

1. Interest of the Workers' Compensation Board under WC

section 126 of the Workers' Compensation Act

2. Mortgage deed under

section 63 of the Railway Act RR

3. Crown charge CR

4. Charge on land LC

5. General property order CO

6. Stay ST

7. Statutory charge, in the case of a security interest

referred to in

section 40.2 of the Employment

Pension Plans Act EP

8. Statutory charge other than an interest referred

to in

section 7 of this

Schedule SC

9. Receiver's report RE

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

Alberta Regulation 96/2001

Employment Standards Code

MATERNITY AND PARENTAL LEAVE REPEAL REGULATION

Filed: June 12, 2001

Made by the Lieutenant Governor in Council (O.C. 221/2001) on June 12, 2001

pursuant to

section 138 of the Employment Standards Code.

1 The Maternity and Parental Leave Regulation (AR 38/2001) is repealed on

the coming into force of the Employment Standards Amendment Act, 2001.

Alberta Regulation 97/2001

Government Organization Act

JUSTICE GRANTS REGULATION

Filed: June 12, 2001

Made by the Lieutenant Governor in Council (O.C. 222/2001) on June 12, 2001

pursuant to

section 13 of the Government Organization Act.

Table of Contents

Definition 1

Grants authorization 2

Application 3

Delegation 4

Agreement 5

Payment 6

Written reports and examination of records 7

Conditional grants 8

Repeal 9

Expiry 10

Definition

1 In this Regulation, "Minister" means the Minister of Justice and

Attorney General.

Grants authorization

2 The Minister is authorized to make grants to a person or organization

for any purpose related to any program, service or other matter under the

administration of the Minister.

Application

3 An application for a grant must be made in the manner and form

satisfactory to the Minister.

Delegation

4 The Minister is authorized to delegate in writing any function, duty or

power under this Regulation to any employee of the Government.

Agreement

5 The Minister is authorized to enter into agreements with respect to any

matter relating to the payment of a grant.

Payment

6 The Minister may provide for the payment of any grant in a lump sum or

by way of instalments and may determine the time or times at which the

grant is to be paid.

Written reports and examination of records

7(1) The Minister may at any time require the recipient of a grant to

provide a written report, in a form satisfactory to the Minister, on the

work and activity in respect of which the grant was made, including any

information required by the Minister relating to the expenditure of the

grant.

(2) The recipient of a grant must permit a representative of the Minister,

the Auditor General or both to examine the books or records pertaining to

the grant that the Minister or Auditor General considers necessary to

determine whether the grant has been properly expended.

Conditional grants

8(1) The recipient of a grant may use the money only

(

a) in accordance with the conditions on which the grant is made,

(

b) if the original conditions on which the grant is made are

varied with the consent of the Minister, in accordance with the conditions

as varied.

(2) If the recipient of a grant does not use all of the money, the

Minister may require the recipient to refund the surplus money to the

Minister of Finance.

(3) The Minister may require the recipient of a grant to repay all or part

of the money to the Minister of Finance if the recipient does not comply

with any of the conditions of the grant or does not use the money as

required under this Regulation.

Repeal

9 The Justice Grants Regulation (AR 33/97) is repealed.

Expiry

10 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 June 30, 2006.

Alberta Regulation 98/2001

Alberta Heritage Savings Trust Fund Act

HERITAGE FUND FOREIGN INVESTMENT LIMITATION

AMENDMENT REGULATION

Filed: June 12, 2001

Made by the Lieutenant Governor in Council (O.C. 225/2001) on June 12, 2001

pursuant to

section 17 of the Alberta Heritage Savings Trust Fund Act.

1 The Heritage Fund Foreign Investment Limitation Regulation (AR 265/96)

is amended by this Regulation.

Section 3 is amended by striking out "35%" and substituting "40%".

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

Alberta Regulation 99/2001

Teachers' Pension Plans Act

TEACHERS' PENSION PLANS (LEGISLATIVE PROVISIONS -

MISCELLANEOUS 2001) AMENDMENT REGULATION

Filed: June 12, 2001

Made by the Lieutenant Governor in Council (O.C. 226/2001) on June 12, 2001

pursuant to

section 23 of the Teachers' Pension Plans Act.

1 The Teachers' Pension Plans (Legislative Provisions) Regulation (AR

204/95) are amended by this Regulation.

Section 1(2)(

b) is amended

(

a) by striking out "Alta. Reg. 364/86" and substituting "AR

35/2000";

(

b) by striking out "34" wherever it occurs and substituting "48".

Section 13 is amended by adding the following before clause (a):

(0a) deletes the pre-condition for being a disabled member that the

person applied to the Board to be treated as such at any given time or

period,

Section 13(0a) is repealed.

Section 22(2) is amended

(

a) by striking out "37" and substituting "55";

(

b) by striking out "Alta. Reg. 364/86" and substituting "AR

35/2000".

6 The

Schedule is amended

(

a) by repealing Item 4;

(

b) by adding the following after Item 8:

9. Calgary Public Teachers Local #38

Section 4 comes into force at the beginning of the day after

section 3

of the Teachers' Pension Plans (Legislative Provisions - Miscellaneous

2001) Amendment Regulation comes into force.

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

Alberta Regulation 100/2001

Teachers' Pension Plans Act

TEACHERS' AND PRIVATE SCHOOL TEACHERS' PENSION

PLANS AMENDMENT REGULATION

Filed: June 12, 2001

Approved by the Lieutenant Governor in Council (O.C. 227/2001) on June 12,

2001 and made by the Alberta Teachers' Retirement Fund Board on March 1,

2001 pursuant to

section 14 of the Teachers' Pension Plans Act and

section

12 of the Teachers' Pension Plans (Legislative Provisions) Regulation (AR

204/95).

1 The Teachers' and Private School Teachers' Pension Plans (AR 203/95)

are amended by this Regulation.

Section 1(2) of

Schedule 1 is amended by adding "and" at the end of

clause (

a) on the line following after the end of clause (a)(iii), and by

repealing clause (b).

3 This Regulation

(

a) has no force unless

section 3 of the Teachers' Pension Plans

(Legislative Provisions - Miscellaneous 2001) Amendment Regulation gets

enacted, and

(

b) if that

section is enacted,

(

i) is to be deemed to be enacted immediately after the

enactment of that section, and

(ii) is deemed to have come into force on September 1,

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

Alberta Regulation 101/2001

Alberta Energy and Utilities Board Act

ALBERTA ENERGY AND UTILITIES BOARD RULES OF PRACTICE

Filed: June 14, 2001

Made by the Alberta Energy and Utilities Board on June 4, 2001 pursuant to

section 23 of the Alberta Energy and Utilities Board Act.

Table of Contents

Interpretation of Rules 1

Definitions 2

Application of Rules 3

Part 1

General Matters

Directions 4

On-site visits 5

Setting of time limits and extending or abridging time 6

Variation of Rules 7

Failure to comply with Rules 8

Motions 9

Filing of documents 10

Service of documents 11

Public record 12

Technical reports 13

Revisions to documents 14

Affidavits 15

Evidence 16

Additional information, documents and materials 17

Part 2

Commencement of Proceedings

Commencement of proceedings 18

Form of application 19

Withdrawal of application or submission 20

Notice of application 21

Notice of hearing 22

Submission of intervener 23

Applicant to provide documents and material 24

Late filing 25

Adjournments 26

Information request 27

Response to information request 28

Partial or no response 29

Pre-hearing meeting 30

Technical meeting 31

Appropriate dispute resolution or negotiated settlements 32

Settlement meetings 33

Settlement proposal 34

Effect of settlement proposal 35

Part 3

Hearings

No electronic hearing 36

Notice to attend 37

Oath or affirmation 38

Witness panels 39

Presenting evidence 40

Hearings in absence of the public 41

Participation of Crown 42

Submissions by Board staff 43

Arguments 44

Written hearings 45

Part 4

Review and Rehearing

Application for review 46

Application for rehearing 47

Correction of errors 48

Part 5

Costs

Costs 49

Advance of funds request 50

Budget to be filed 51

Interim awards 52

Costs claim 53

Comments on costs claim 54

Costs award 55

Liability for costs 56

Costs order 57

Review request 58

Part 6

Repeals, Expiry and

Coming into Force

Repeals 59

Expiry 60

Coming into force 61

Interpretation of Rules

1 These Rules must be liberally construed in the public interest to

ensure the most fair, expeditious and efficient determination on its merits

of every proceeding before the Board.

Definitions

2 In these Rules,

(a) "Act" means the Alberta Energy and Utilities Board Act and any

other Act under which the Board is charged with the conduct of proceedings;

(b) "applicant" means a person who files an application with the

Board;

(c) "application" means an application to the Board for an

approval, permit, licence or other relief under the Act;

(d) "Board" means the Alberta Energy and Utilities Board and, where

examiners are appointed by the Board to conduct a proceeding, the examiners

for the purpose of the proceeding;

(e) "Crown" means Her Majesty the Queen in the right of Alberta;

(f) "document" includes films, photographs, charts, maps, graphs,

plans, surveys, books of account, transcripts, and video and audio

recordings;

(g) "electronic hearing" means an oral hearing conducted by

conference telephone or other electronic means where each participant is

able to hear and respond to the comments of the other participants at the

time the comments are made;

(h) "file" means file with the Board at its office in Calgary;

(i) "hearing" means a hearing before the Board;

(j) "information request" means a request for information described

section 27;

(k) "intervener" means a person, other than an applicant, who files

a submission with the Board in respect of a proceeding;

(l) "notice of application" means a notice of application issued by

the Board under

section 21;

(m) "notice of hearing" means a notice of hearing issued by the

Board under

section 22;

(n) "oral hearing" means a hearing at which the participants attend

in person before the Board;

(o) "party" means

(

i) an applicant,

(ii) an intervener, and

(iii) for the purposes of these Rules, any other person

whom the Board determines to be a party to a proceeding;

(p) "proceeding" means a matter brought before the Board

(

i) by application,

(ii) by the Board on its own initiative, or

(iii) at the request of the Lieutenant Governor in

Council;

(q) "publication" means a guide, information letter, interim

directive or general bulletin issued by the Board;

(r) "representative" means the agent or solicitor of a party;

(s) "written hearing" means a hearing held by means of an exchange

of documents whether in writing or in electronic form.

Application of Rules

3 These Rules apply to all energy or utilities proceedings of the Board,

other than appeals under

Part 11 of the Oil and Gas Conservation Act.

PART 1

GENERAL MATTERS

Directions

4 The Board may, at any time before making a decision on a proceeding,

issue any directions that it considers necessary for the fair determination

of an issue.

On-site visits

5 The Board may, with or without the parties, conduct an on-site visit of

lands or facilities to better determine any matter relevant to the

disposition of a proceeding before it.

Setting of time limits and extending or abridging time

6(1) The Board may set time limits for doing anything provided for in

these Rules.

(2) The Board may, on its own initiative or on motion by a party, extend

or abridge a time limit specified in these Rules or by the Board, on any

terms that the Board considers appropriate.

(3) The Board may, with or without a hearing, exercise its discretion

under this

section before or after the expiration of a time limit specified

in these Rules or by the Board.

Variation of Rules

7 The Board may, with or without a hearing, dispense with, vary or

supplement all or any part of these Rules if it is satisfied that the

circumstances of any proceeding require it.

Failure to comply with Rules

8(1) If a party fails to comply with these Rules or a direction of the

Board, the Board may

(

a) make an order that the Board considers appropriate to ensure

the fair determination of an issue, or

(

b) adjourn the proceeding until it is satisfied that these Rules

or the direction of the Board has been complied with.

(2) If a party fails to comply with a time limit specified in these Rules

or by the Board for the filing of documentary evidence or other material,

the Board may disregard the documentary evidence or material.

(3) No proceeding is invalid by reason of a defect or other irregularity

in form.

Motions

9(1) If a matter arises in a proceeding, other than during an oral hearing

or electronic hearing, that requires a decision or order of the Board, a

party may bring the matter before the Board by filing a motion.

(2) A motion brought under subsection (1) must

(

a) be in writing,

(

b) briefly describe

(

i) the decision or order sought,

(ii) the grounds on which the motion is made, and

(iii) the nature of any oral or documentary evidence

sought to be presented in support of the motion,

and

(

c) be accompanied with

(

i) an affidavit setting out a clear and concise

statement of the facts relevant to the motion, and

(ii) any documents that may support the motion.

(3) A party bringing a motion under subsection (1) shall serve a copy of

it on the other parties.

(4) A party who wishes to respond to a motion brought under subsection

(1) shall file and serve, as directed by the Board, a response.

(5) A response under subsection (4) must

(

a) be in writing,

(

b) briefly describe the nature of any oral or documentary evidence

sought to be presented in support of the response, and

(

c) be accompanied with any documents that may support the

response.

(6) A party who wishes to reply to a response to a motion under subsection

(4) shall file and serve, as directed by the Board, a reply.

(7) A reply under subsection (6) must

(

a) be in writing,

(

b) briefly describe the nature of any oral or documentary evidence

sought to be presented in support of the reply, and

(

c) be accompanied with any documents that may support the reply.

(8) If the Board decides to hear a motion brought under subsection (1),

the Board shall give at least 2 days' notice to each party stating the time

and place of the hearing.

(9) If a matter arises in an oral hearing or electronic hearing that

requires a decision or order of the Board, a party may bring the matter

before the Board by making a motion.

(10) A motion brought under subsection (9)

(

a) may be made orally, and

(

b) must be disposed of in accordance with such procedures as the

Board may order.

Filing of documents

10(1) If a person is required to file a document with the Board, the

person shall

(

a) file the original and the required number of copies of the

document, as set out in the relevant statutory provision or publication,

and

(

b) indicate on the original document

(

i) the application number,

(ii) the date of filing, and

(iii) the name of each person on whom the person will

serve or has served a copy of the document.

(2) Subsection (1)(b)(

i) does not apply if the document is a form of

application.

(3) Subject to subsection (5), a document may be filed by personal

delivery, courier service, ordinary mail, fax, electronic means or by any

other means directed by the Board.

(4) If a document is filed by fax or electronic means, the original and

the required number of copies of the document, as set out in the relevant

statutory provision or publication, must be delivered in writing to the

Board by the end of the next business day or as directed by the Board.

(5) A document may only be filed by electronic means if

(

a) the electronic means is compatible with the Board's information

technology, equipment, software and processes, and

(

b) the document is in a form acceptable to the Board.

(6) A document is deemed to have been filed when it is received by the

Board unless it is received after the Board's business hours, in which case

the document is deemed to have been filed on the next business day of the

Board.

(7) The Board may require that all or any part of a document filed be

verified by affidavit.

Service of documents

11(1) Subject to subsection (2), a document required to be served under

these Rules or by the Board may be served on a person

(

a) by personal delivery,

(

b) by courier service, ordinary mail, fax or electronic means to

the address given by the person, or

(

c) by such other method as the Board directs.

(2) A document may only be served by electronic means if the person being

served has the information technology, equipment, software and processes

for receiving or retrieving the document.

(3) The date of service of a document is the day on which the person being

served receives the document unless it is received after 5 o'clock in the

afternoon Mountain Standard Time, in which case the date of service is

deemed to be the next business day.

(4) The Board may require a person to file an affidavit of service setting

out on whom a document was served and the means taken to effect service.

(5) Where an oral hearing or electronic hearing is in progress, a party

entering a document as an exhibit shall provide copies of the document to

the Board, the Board staff attending the hearing and the other parties.

(6) The Board may serve, or direct the applicant to serve, a notice issued

by the Board either in accordance with this

section or by public

advertisement in a daily or weekly newspaper in circulation in the

community affected by the proceeding.

(7) Any document required to be served on a party under these Rules may be

served on the party's representative.

Public record

12(1) Subject to this section, all documents filed in respect of a

proceeding must be placed on the public record.

(2) If a party wishes to keep confidential any information in a document,

the party may, before filing the document, file a request for

confidentiality and serve a copy of the request on the other parties.

(3) The request for confidentiality must

(

a) be in writing,

(

b) briefly describe

(

i) the nature of the information in the document, and

(ii) the reasons for the request, including the specific

harm that would result if the document were placed on the public record,

and

(

c) indicate whether all or only a part of the document is the

subject of the request.

(4) The Board may, with or without a hearing, grant a request for

confidentiality on any terms it considers appropriate

(

a) if the Board is of the opinion that disclosure of the

information could reasonably be expected

(

i) to result in undue financial loss or gain to a

person directly affected by the proceeding, or

(ii) to harm significantly that person's competitive

position,

(

b) if

(

i) the information is personal, financial, commercial,

scientific or technical in nature,

(ii) the information has been consistently treated as

confidential by a person directly affected by the proceeding, and

(iii) the Board considers that the person's interest in

confidentiality outweighs the public interest in the disclosure of the

proceeding.

(5) If the Board grants a request for confidentiality under subsection

(4), a party may only receive a copy of the document if the party files an

undertaking stating that the party will hold the document in confidence and

use it only for the purpose of the proceeding.

(6) Nothing in this

section limits the operation of any statutory

provision that protects the confidentiality of information or documents.

Technical reports

13 A document containing a technical report or material of a technical

nature must indicate the technical qualifications of the person signing or

taking responsibility for the report or material.

Revisions to documents

14(1) Despite any other provision in these Rules, the Board may, on any

terms it considers appropriate,

(

a) allow a revision of all or any part of a document, or

(

b) order the revision of all or any part of a document that in the

opinion of the Board is

(

i) not relevant or may tend to prejudice or delay a

fair hearing of an application or other proceeding on the merits, or

(ii) necessary for the purpose of hearing and

determining the pertinent questions in issue in the proceeding.

(2) A party shall revise a document if

(

a) significant new information relating to the document becomes

available before the proceeding is disposed of, and

(

b) the information is necessary for the purpose of hearing and

determining the pertinent questions in issue in the proceeding.

(3) Any document that is revised must clearly indicate the date of the

revision and the part of the document that is revised.

Affidavits

15(1) An affidavit intended to be used in a proceeding must be confined to

those facts within the knowledge of the person making the affidavit or

based on the information and belief of the person making the affidavit.

(2) If a statement is made in an affidavit on information and belief, the

source of the information and the grounds on which the belief is based must

be set out in the affidavit.

(3) If an affidavit refers to an exhibit, the exhibit must be marked as

such by the person making the affidavit and attached to the affidavit.

Evidence

16(1) Unless the Board otherwise directs, if a party intends to present

documentary evidence at an oral hearing or electronic hearing, or is

directed to do so by the Board, the party shall file the documentary

evidence and serve a copy of it on the other parties before the hearing

takes place.

(2) The documentary evidence must be accompanied with a statement setting

out the qualifications of the person who prepared the documentary evidence

or under whose direction or control the evidence was prepared.

(3) If a party is not able to file all of the party's documentary evidence

before the hearing takes place, the party shall

(

a) file such documentary evidence as is available at that time,

and

(

b) file a statement

(

i) identifying the balance of the documentary evidence

to be filed, and

(ii) stating when the balance of the documentary

evidence will be filed.

(4) If a party is not willing to file documentary evidence when directed

to do so by the Board under subsection (1), the party shall file a

statement setting out the reasons why the party is not willing to do so.

Additional information, documents and material

17(1) The Board may direct the applicant or an intervener to file such

further information, documents or material as the Board considers necessary

to permit a full and satisfactory understanding of an issue in a

proceeding.

(2) If the applicant or the intervener does not file the information,

documents or material when directed to do so by the Board under subsection

(1), the Board may

(

a) adjourn the proceeding until the information, documents or

material is filed, or

(

b) dismiss the application or submission, as the case may be.

PART 2

COMMENCEMENT OF PROCEEDINGS

Commence-ment of proceedings

18(1) Subject to subsection (2), a proceeding must be commenced by filing

an application.

(2) A proceeding initiated by the Board or at the request of the

Lieutenant Governor in Council may be commenced by a notice of hearing or

as determined by the Board.

Form of application

19(1) An applic