Alberta Gazette — 30 June 2009 (Part II)
30 June 2009
Alberta — Gazette
Alberta Regulation 140/2009
Traffic Safety Act
COMMERCIAL VEHICLE DIMENSION AND WEIGHT
AMENDMENT REGULATION
Filed: June 1, 2009
For information only: Made by the Minister of Transportation (M.O. 11/09 ) on May
25, 2009 pursuant to sections 116, 151 and 156 of the Traffic Safety Act.
1 The Commercial Vehicle Dimension and Weight
Regulation (AR 315/2002) is amended by this Regulation.
Section 23 is amended by striking out "July 1, 2009" and
substituting "July 1, 2011".
--------------------------------
Alberta Regulation 141/2009
Travel Alberta Act
TRAVEL ALBERTA ACT GENERAL AMENDMENT REGULATION
Filed: June 3, 2009
For information only: Made by the Lieutenant Governor in Council (O.C. 276/2009)
on June 3, 2009 pursuant to
section 16 of the Travel Alberta Act.
1 The Travel Alberta Act General Regulation (AR 48/2009)
is amended by this Regulation.
2 The following is added after
section 2:
Remuneration
2.1(1) Directors are entitled to be paid remuneration and travelling
and living expenses in accordance with Part A of
Schedule 1 of the
Committee Remuneration Order made under the Public Service Act
and in force from time to time.
(2) Members of the Strategic Tourism Marketing Council
established under
section 14 of the Act are entitled to be paid
travelling and living expenses in accordance with
section 3 of Part A
of
Schedule 1 of the Committee Remuneration Order made under the
Public Service Act and in force from time to time.
Alberta Regulation 142/2009
Government Organization Act
MUNICIPAL AFFAIRS AND HOUSING GRANTS
AMENDMENT REGULATION
Filed: June 3, 2009
For information only: Made by the Lieutenant Governor in Council (O.C. 277/2009)
on June 3, 2009 pursuant to
section 13 of the Government Organization Act.
1 The Municipal Affairs and Housing Grants Regulation
(AR 123/2000) is amended by this Regulation.
2 The following is added after
Schedule 7:
Schedule 8
Public Library Service
1(1) In this Schedule,
(a) "appropriation" with respect to a municipal board,
intermunicipal library board or library system board means
the amount of money appropriated for a year by each
municipality or by the members of the library system for the
operation of the municipal library, intermunicipal library or
library system, minus
(
i) the amount of any money paid to each municipality or
members of the library system by the Government of
Canada or the Government of Alberta by way of a grant
for library purposes for that year, and
(ii) the amount of any money paid during that year by the
municipal board, intermunicipal library board or library
system board as rent to the municipality or members of
the library system;
(b) "Guidelines" means the Public Library Service Grant
Program Guidelines established by the Minister;
(c) "member" with respect to a library system means a
municipality, improvement district, special area, Metis
settlement or school authority that is, under
section 14 or 15
of the Libraries Act, a member of the library system;
(d) "per resident share of the appropriation" means,
(
i) in respect of a municipal library, the appropriation for
the municipal board divided by the number of residents
of the municipality,
(ii) in respect of an intermunicipal library board, the
appropriation for the intermunicipal library board
divided by the number of residents of the participating
municipalities, and
(iii) in respect of a library system, the appropriation for the
library system board divided by the number of residents
of the members of the library system;
(e) "resident" means,
(
i) in respect of a municipal library, a resident of the
municipality for which the municipal library is
established,
(ii) in respect of an intermunicipal library board, a resident
of a participating municipality for which the
intermunicipal library board is established,
(iii) in respect of a library system, a resident of the area of
the municipality, improvement district, special area,
Metis settlement or school authority that is a member of
the library system, and
(iv) in respect of a community library, a resident within the
boundaries of the community library.
(2) For the purpose of clause (d), the number of residents shall be
determined under the Guidelines.
2 An application for a grant under this
Schedule must be made in the
manner and form provided for in the Guidelines.
3 A board is not eligible for a grant under this
Schedule if it does not
comply with the Libraries Act and the regulations under it.
4 The Minister may establish conditions on which a grant under this
Schedule may be made.
General Grants
5(1) In this section,
(a) "Alberta organization" means
(
i) a corporation incorporated or continued under the
Companies Act or the Business Corporations Act,
(ii) a society incorporated under the Societies Act,
(iii) an ordinary or limited partnership formed in Alberta,
(iv) a limited partnership formed in a jurisdiction, other than
Alberta, that is registered under
Part 2 of the
Partnership Act,
(
v) a municipality,
(vi) an Indian band located in Alberta,
(vii) a Metis settlement, or
(viii) a board, other than a board as defined in the Libraries
Act, society, council, committee or incorporated
congregation established pursuant to an enactment;
(b) "Canadian corporation" means a corporation or society
incorporated or continued in a jurisdiction in Canada, other
than Alberta.
(2) The Minister may make grants to
(
a) boards for completing, amalgamating or restructuring library
systems,
(
b) boards to assist in restructuring due to municipal
reorganization,
(
c) boards, Alberta organizations and Canadian corporations for
research, development and promotion of programs dealing
with public library services, and
(
d) boards to assist in the development of resource-sharing
networks in Alberta.
Operating Grants
6(1) In this section, "expenditure" in respect of a year means the
amount of money expended in that year for library purposes by a
community board from funds under its control other than
Government of Alberta by way of a grant for library purposes
for that year, and
(
b) funds received from improvement districts, municipal boards,
or intermunicipal library boards for that year.
(2) The Minister may, in accordance with the Guidelines, make a
grant in a year under this
section
(
a) to assist a community board in providing public library
services in the year, if the community board had an
expenditure in the previous year,
(
b) to assist a municipal or intermunicipal library board in
providing public library services in the year, if an amount of
at least $2 per resident is appropriated in respect of the
residents of the municipal or intermunicipal library board,
(
c) to assist a library system board in providing public library
services in the year, if an amount of at least $1 per resident is
appropriated in respect of the residents of the library system
board, and
(
d) to assist a federation board in providing public library
services in the year.
Library Services Grants
7(1) The Minister may make a grant under this
section in accordance
with the Guidelines to a municipal board, intermunicipal library board
or community board that receives financial assistance from an
improvement district, summer village or special area.
(2) A grant under this
section may be used only to provide library
services to libraries in the improvement district, summer village or
special area.
8(1) The Minister may make a grant under this
section in accordance
with the Guidelines
(
a) to a library system board in respect of
(
i) a member of the library system that does not have a
municipal board, or
(ii) a member of the library system that has a municipal
board or intermunicipal library board, but the municipal
board or intermunicipal library board has not applied for
a grant for that year under
section 6(2)(b).
(2) A grant under this
section may be used only to provide library
services to libraries within the library system.
(3) A library system board is not eligible to receive a grant under this
section for a year unless the per resident share of the appropriation for
the library system board for the year is at least $3 per resident.
Establishment Grants
8(1) Subject to subsection (2), the Minister may make an
establishment grant, in accordance with the Guidelines, to a library
system board to assist in the establishment or completion of a library
system with respect to
(
a) a library system board being established under
section 14 of
the Libraries Act,
(
b) a municipality, improvement district, special area or Metis
settlement becoming a member of the library system, or
(
c) a member of the library system undergoing an increase in
population because of the annexation of land from a
municipality, improvement district or special area that was
not a member of the library system.
(2) An establishment grant may not be made to a library system board
with respect to the City of Edmonton or the City of Calgary or in the
case of a merger of 2 or more library systems.
(3) An application for a grant under this
section must include
(
a) in the case of a new member joining a library system,
evidence satisfactory to the Minister of the number of
residents of the new member and a copy of the library
system's agreement referred to in
section 13 of the Libraries
Act signed by the new member, and
(
b) in the case of an annexation, evidence satisfactory to the
Minister of the number of residents within the boundaries of
the annexed land.
(4) An application for a grant under this
section must be submitted
within 60 days after the event referred to in subsection (1) occurs.
3 The Community Development Grants Regulation
(AR 57/98) is amended by repealing
Schedule 2.
Alberta Regulation 143/2009
Municipal Government Act
CAPITAL REGION SOUTHWEST WATER SERVICES COMMISSION
AMENDMENT REGULATION
Filed: June 3, 2009
For information only: Made by the Lieutenant Governor in Council (O.C. 279/2009)
on June 3, 2009 pursuant to
section 602.02 of the Municipal Government Act.
1 The Capital Region Southwest Water Services
Commission Regulation (AR 292/84) is amended by this
Regulation.
Section 2 is amended by adding the following after
clause (d):
(
e) Camrose County;
(
f) Village of Hay Lakes;
(
g) Village of New Sarepta.
--------------------------------
Alberta Regulation 144/2009
Municipal Government Act
SUBDIVISION AND DEVELOPMENT AMENDMENT REGULATION
Filed: June 3, 2009
For information only: Made by the Lieutenant Governor in Council (O.C. 280/2009)
on June 3, 2009 pursuant to
section 694 of the Municipal Government Act.
1 The Subdivision and Development Regulation
(AR 43/2002) is amended by this Regulation.
Section 25 is amended by striking out "June 30, 2009" and
substituting "June 30, 2011".
Alberta Regulation 145/2009
Office of Statistics and Information Act
OFFICE OF STATISTICS AND INFORMATION REGULATION
Filed: June 3, 2009
For information only: Made by the Lieutenant Governor in Council (O.C. 282/2009)
on June 3, 2009 pursuant to
section 11 of the Office of Statistics and Information Act.
Mandatory census or survey
1 The Minister shall not determine that a census or survey is
mandatory unless the Minister considers that one of the following
applies to it:
(
a) it is required to fulfill a specific requirement of federal or
Alberta legislation;
(
b) its purpose is to collect data that are expected to have a direct
influence on the development, implementation or
management of government programs or policies and a
mandatory census or survey is needed to provide the quality
of data required for this purpose.
Expiry
2 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 April 1, 2016.
Coming into force
3 This Regulation comes into force on the coming into force of the
Statistics Bureau Amendment Act, 2008.
--------------------------------
Alberta Regulation 146/2009
Freedom of Information and Protection of Privacy Act
FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY
AMENDMENT REGULATION
Filed: June 3, 2009
For information only: Made by the Lieutenant Governor in Council (O.C. 283/2009)
on June 3, 2009 pursuant to
section 94 of the Freedom of Information and Protection
of Privacy Act.
1 The Freedom of Information and Protection of Privacy
Regulation (AR 186/2008) is amended by this Regulation.
Section 16(
c) is repealed.
3 This Regulation comes into force on the coming into
force of the Statistics Bureau Amendment Act, 2008.
--------------------------------
Alberta Regulation 147/2009
Fair Trading Act
DESIGNATION OF TRADES AND BUSINESSES
AMENDMENT REGULATION
Filed: June 3, 2009
For information only: Made by the Lieutenant Governor in Council (O.C. 289/2009)
on June 3, 2009 pursuant to
section 103 of the Fair Trading Act.
1 The Designation of Trades and Businesses Regulation
(AR 178/99) is amended by this Regulation.
2 The following is added after
section 4:
Payday loan business
4.1(1)
Part 10 of the Fair Trading Act applies to the payday loan
business.
(2) In this section,
(a) "payday lender" means a person who offers, arranges or
provides payday loans;
(b) "payday loan" means an advancement of money with a
principal of $1500 or less and a term of 62 days or less, made
in exchange for a post-dated cheque, a pre-authorized debit
or a future payment of a similar nature, but not for any
guarantee, suretyship, overdraft protection or security on
property and not through a margin loan, pawnbroking, a line
of credit or a credit card;
(c) "payday loan business" means the activity of offering,
arranging or providing payday loans by a payday lender.
Alberta Regulation 148/2009
Health Insurance Premiums Act
HEALTH INSURANCE PREMIUMS AMENDMENT REGULATION
Filed: June 3, 2009
For information only: Made by the Lieutenant Governor in Council (O.C. 295/2009)
on June 3, 2009 pursuant to
section 2 of the Health Insurance and Premiums Act.
1 The Health Insurance Premiums Regulation (AR 217/81)
is amended by this Regulation.
2 The
Schedule is amended
(
a) in
section 9 by striking out "$20.50" and substituting
"$41.00";
(
b) in
section 10 by striking out "41.00" and substituting
"82.00";
(
c) in
section 11 by striking out "14.35" and substituting
"28.70";
(
d) in
section 12 by striking out "28.70" and substituting
"57.40".
--------------------------------
Alberta Regulation 149/2009
Wildlife Act
WILDLIFE (2009 HUNTING SEASON - JOINT AUTHORITY)
AMENDMENT REGULATION
Filed: O.C June 3, 2009
M.O. June 11, 2009
For information only: Made by the Lieutenant Governor in Council (O.C. 300/2009)
on June 3, 2009 pursuant to
section 104 of the Wildlife Act and made by the Minister
of Sustainable Resource Development (M.O. 19/2009) on June 2, 2009 pursuant to
section 103 of the Wildlife Act and sections 1(
b) and (2) of the Wildlife Regulation
(AR 143/97).
1 The Wildlife Regulation (AR 143/97) is amended by this
Regulation.
Schedule 1 is amended by adding the following after
section 4(1)(l):
(
m) a minor who has reached 12 years of age and has
successfully completed the Alberta Conservation and Hunter
Education Program or has achieved an equivalent
certification in another jurisdiction, while hunting migratory
game birds on the Saturday or Sunday immediately preceding
Labour Day.
--------------------------------
Alberta Regulation 150/2009
Provincial Offences Procedure Act
PROCEDURES (TRANSPORTATION) AMENDMENT REGULATION
Filed: June 3, 2009
For information only: Made by the Lieutenant Governor in Council (O.C. 301/2009)
on June 3, 2009 pursuant to
section 42 of the Provincial Offences Procedure Act.
1 The Procedures Regulation (AR 233/89) is amended by
this Regulation.
Schedule 2,
Part 27 is amended by repealing
section 5.
Schedule 2,
Part 30.1 is repealed.
4(1) The following is added after
Schedule 2,
Part 33:
Part 33.1
Regulations under the
Traffic Safety Act
Commercial Vehicle Safety Regulation
1 Proceedings with respect to the contravention of any provision
referred to in this Part may be commenced by a violation ticket issued
under either
Part 2 or
Part 3 of the Provincial Offences Procedure Act.
2 The specified penalty payable in respect of a contravention of a
provision of the Commercial Vehicle Safety Regulation shown in
Column 1 is the amount shown in Column 2 in respect of that
provision.
Item
Number
Column 1
(Section Number
of Regulation)
Column 2
(Specified Penalty
in Dollars)
4(1)
see
section 4 of this
Part
4(2)
5(2)(
a) see
section 5 of this
Part
5(2)(
b) see
Part 44
5(3)
see
section 6 of this
Part
5(4)
see
section 7 of this
Part
5(5)(
a) see
section 8 of this
Part
5(5)(b)
5(6)
6(1), (2), (3), (4) or (5)
10(2), (4)(a), (4)(b), (8)(a)
(8)(b), (9) or (11)
11(1), (3) or (4)
12(2), (3), (4), (5) or (6)
13(1) or (2)
14(
a) or (b)
15(
a) or (b)
16(
a) or (b)
17(3)
see
section 3 of this
Part
17(4)
18(
a) see
Part 27
18(
b) see
section 8 of this
Part
19(1), (6) or (7)
20(1)
22(1)
23(2)
25(1) or (2)
26(1) or (2)
28(1) or (2)
31(2)
see
section 9 of this
Part
32(2)
33(1) or (2)
35(1), (2) or (3)
37(2), (3) or (4)
38(1) or (2)
3(1) In this Part, "Standard" means the National Safety Code Standard
10 (Cargo Securement) made by the Canadian Council of Motor
Transport Administrators dated September 23, 2004 and adopted under
section 2 of the Commercial Vehicle Safety Regulation.
(2) The specified penalty for the contravention of
section 17(3) of the
Commercial Vehicle Safety Regulation is the amount provided for the
contravention of the relevant provision in the Standard provided for in
this section.
(3) The specified penalty payable in respect of a contravention of a
provision of
section 3(1), (2), (3) or (5) of
Part 1, Division 1 of the
Standard is $500.
(4) The specified penalty payable in respect of a contravention of a
provision of
Part 1, Division 2 of the Standard shown in Column 1 is
the amount shown in Column 2 in respect of that provision.
Item
Number
Column 1
(Section Number
of Code)
Column 2
(Specified Penalty
in Dollars)
4(1)
4(2)
4(3)
(5) The specified penalty payable in respect of a contravention of a
provision of
Part 1, Division 3 of the Standard shown in Column 1 is
the amount shown in Column 2 in respect of that provision.
Item
Number
Column 1
(Section Number
of Code)
Column 2
(Specified Penalty
in Dollars)
10(2) or (3)
11(4)
(6) The specified penalty payable in respect of a contravention of a
provision of
Part 1, Division 4 of the Standard shown in Column 1 is
the amount shown in Column 2 in respect of that provision.
Item
Number
Column 1
(Section Number
of Code)
Column 2
(Specified Penalty
in Dollars)
19(1), (2) or (4)
22(2), (3) or (4)
(7) The specified penalty payable in respect of a contravention of a
provision of
Part 1, Division 5 of the Standard shown in Column 1 is
the amount shown in Column 2 in respect of that provision.
Item
Number
Column 1
(Section Number
of Code)
Column 2
(Specified Penalty
in Dollars)
23(2)
(8) The specified penalty payable in respect of a contravention of a
provision of
Part 2, Division 1 of the Standard shown in Column 1 is
the amount shown in Column 2 in respect of that provision.
Item
Number
Column 1
(Section Number
of Code)
Column 2
(Specified Penalty in
Dollars)
34(2)
40(2), (3), (4) or (5)
(9) The specified penalty payable in respect of a contravention of a
provision of
Part 2, Division 2 of the Standard shown in Column 1 is
the amount shown in Column 2 in respect of that provision.
Item
Number
Column 1
(Section Number
of Code)
Column 2
(Specified Penalty
in Dollars)
46(1)
46(2)
(10) The specified penalty payable in respect of a contravention of a
provision of
Part 2, Division 3 of the Standard shown in Column 1 is
the amount shown in Column 2 in respect of that provision.
Item
Number
Column 1
(Section Number
of Code)
Column 2
(Specified Penalty
in Dollars)
49(2) or (3)
49(4)
50(2)
50(3)
50(4)
52(1)
52(2)
52(3)
53(1)
53(2)
53(3)
54(1)
54(2)
54(3)
55(2)
55(3)
55(4)
(11) The specified penalty payable in respect of a contravention of a
provision of
Part 2, Division 4 of the Standard shown in Column 1 is
the amount shown in Column 2 in respect of that provision.
Item
Number
Column 1
(Section Number
of Code)
Column 2
(Specified Penalty in
Dollars)
63(2)
63(3) or (5)
63(6), (7) or (8)
64(2)
65(3) or (4)
65(5)
65(6)
66(2) or (3)
68(3), (4), (5) or (6)
68(7)
69(2), (3) or (4)
70(3), (4) or (5)
71(2) or (3)
72(2)
72(3)
72(4)
(12) The specified penalty payable in respect of a contravention of a
provision of
Part 2, Division 5 of the Standard shown in Column 1 is
the amount shown in Column 2 in respect of that provision.
Item
Number
Column 1
(Section Number
of Code)
Column 2
(Specified Penalty in
Dollars)
75(2), (3), (4), (5) or (6)
79(2), (3) or (4)
80(3) or (4)
81(2) or (3)
82(2), (3), (4), (5), (6) or
(7) 500
(13) The specified penalty payable in respect of a contravention of a
provision of
Part 2, Division 6 of the Standard shown in Column 1 is
the amount shown in Column 2 in respect of that provision.
Item
Number
Column 1
(Section Number
of Code)
Column 2
(Specified Penalty
in Dollars)
84(2), (3) or (4)
85(2), (3) or (4)
86(2), (4) or (5)
(14) The specified penalty payable in respect of a contravention of a
provision of
Part 2, Division 7 of the Standard shown in Column 1 is
the amount shown in Column 2 in respect of that provision.
Item
Number
Column 1
(Section Number
of Code)
Column 2
(Specified Penalty
in Dollars)
88(2), (3) or (4)
89(2), (3) or (4)
(15) The specified penalty payable in respect of a contravention of a
provision of
Part 2, Division 8 of the Standard shown in Column 1 is
the amount shown in Column 2 in respect of that provision.
Item
Number
Column 1
(Section Number
of Code)
Column 2
(Specified Penalty
in Dollars)
96(1) or (2)
(16) The specified penalty payable in respect of a contravention of a
provision of
Part 2, Division 9 of the Standard shown in Column 1 is
the amount shown in Column 2 in respect of that provision.
Item
Number
Column 1
(Section Number
of Code)
Column 2
(Specified Penalty
in Dollars)
98(1), (2) or (3)
98(4)
99(1)
99(2)
4(1) The specified penalty for the contravention of
section 4(1) of the
Commercial Vehicle Safety Regulation is the amount provided for the
contravention of the relevant provision in
Schedule 1 to the
Commercial Vehicle Safety Regulation provided for in subsection (2).
(2) The specified penalty payable in respect of a provision of
Schedule
1 to the Commercial Vehicle Safety Regulation shown in Column 1 is
the amount shown in Column 2 in respect of that provision.
Item
Number
Column 1
(Section Number
of Regulation)
Column 2
(Specified Penalty
in Dollars)
1(2) or (4)
3(2) or (3)
4(2) or (3)
5(1) or (2)
6(1) or (2)
7(1)
9(1), (2) or (3)
11(
a) or (b)
13(1)(a)
13(1)(
b) or (1)(c)
15(1), (2)(a), (2)(
b) or
(2)(c)
16(1) or (2)
17(1), (2), (3), (4) or (5)
5(1) The specified penalty for the contravention of
section 5(2)(
a) of
the Commercial Vehicle Safety Regulation is the amount provided for
the contravention of the relevant provision in
Schedule 2 to the
Commercial Vehicle Safety Regulation provided for in subsection (2).
(2) The specified penalty payable in respect of a provision of
Schedule
2 to the Commercial Vehicle Safety Regulation shown in Column 1 is
the amount shown in Column 2 in respect of that provision.
Item
Number
Column 1
(Section Number
of Regulation)
Column 2
(Specified Penalty
in Dollars)
1(1) or (2)
5(2)
7(1) or (2)
8(a), (b), (c), (
d) or (e)
9(2)(a), (b), (c), (d), (
e) or
(f)
11(2)
16(2)
20(2)
21(2)
25(1) or (2)
28(2) or (3)
31(1) or (2)
6(1) The specified penalty for the contravention of
section 5(3) of the
Commercial Vehicle Safety Regulation is the amount provided for the
contravention of the relevant provision in
Schedule 3 to the
Commercial Vehicle Safety Regulation provided for in subsection (2).
(2) The specified penalty payable in respect of a provision of
Schedule
3 to the Commercial Vehicle Safety Regulation shown in Column 1 is
the amount shown in Column 2 in respect of that provision.
Item
Number
Column 1
(Section Number
of Regulation)
Column 2
(Specified Penalty
in Dollars)
5(1) or (2)
9(1) or (2)
7(1) The specified penalty for the contravention of
section 5(4) of the
Commercial Vehicle Safety Regulation is the amount provided for the
contravention of the relevant provision in
Schedule 4 to the
Commercial Vehicle Safety Regulation provided for in subsection (2).
(2) The specified penalty payable in respect of a provision of
Schedule
4 to the Commercial Vehicle Safety Regulation shown in Column 1 is
the amount shown in Column 2 in respect of that provision.
Item
Number
Column 1
(Section Number
of Regulation)
Column 2
(Specified Penalty
in Dollars)
3(1), (2), (3), (4), (5), (6),
(7), (8), (9), (10) or (11)
4(1), (2), (3), (4), (5), (6),
(7), (8), (9) or (10)
14(1) or (2)
8(1) The specified penalty for the contravention of
section 5(5)(
a) of
the Commercial Vehicle Safety Regulation is the amount provided for
the contravention of the relevant provision in
Schedule 5 to the
Commercial Vehicle Safety Regulation provided for in subsection (2).
(2) The specified penalty payable in respect of a provision of
Schedule
5 to the Commercial Vehicle Safety Regulation shown in Column 1 is
the amount shown in Column 2 in respect of that provision.
Item
Number
Column 1
(Section Number
of Regulation)
Column 2
(Specified Penalty
in Dollars)
2(1), (3) or (4)
3(1), (2) or (3)
4(1) or (2)
5(1) or (2)
6(1) or (2)
8(1) or (2)
9(1), (2), (3), (4), (5) or (6)
10(1), (2) or (3)
11(1), (2), (3) or (4)
12(1) or (2)
15(1), (2) or (3)
22(1) or (2)
23(2), (3) or (4)
25(1) or (2)
9(1) The specified penalty for the contravention of
section 31(2) of
the Commercial Vehicle Safety Regulation is the amount provided for
the contravention of the relevant provision in
Schedule 6 to the
Commercial Vehicle Safety Regulation provided for in subsection (2).
(2) The specified penalty payable in respect of a provision of
Schedule
6 to the Commercial Vehicle Safety Regulation shown in Column 1 is
the amount shown in Column 2 in respect of that provision.
Item
Number
Column 1
(Section Number
of Regulation)
Column 2
(Specified Penalty
in Dollars)
3(1) or (2)
4(1) or (2)
10(2), (3) or (4)
11(1)
12(1) or (2)
13(1), (2) or (3)
14(1) or (2)
15(1) or (2)
Schedule 2,
Part 34 is repealed.
Schedule 2,
Part 34.1 is repealed.
Schedule 2,
Part 35 is repealed.
Schedule 2,
Part 36 is repealed.
Schedule 2,
Part 38 is repealed.
Schedule 2,
Part 41 is repealed.
Schedule 2,
Part 42 is repealed.
12(1)
Schedule 2,
Part 43 is amended in
section 1
(
a) by adding the following after item 56:
56.1 49.1(2) or (3) 100
(
b) by adding the following after item 69:
69.1 55.1 100
69.2 55.2(1) or (2) 100
(
c) by adding the following after item 82:
82.1 73(1.1)(a) 150
(2) Item 82.1 added by subsection (1)(
c) is effective on
September 1, 2010.
13(1)
Schedule 2,
Part 44 is repealed and the following is
substituted:
Part 44
Regulations under the
Traffic Safety Act
Vehicle Equipment Regulation
1(1) The specified penalty payable in respect of a contravention of a
provision of the Vehicle Equipment Regulation shown in Column 1 is
the amount shown in Column 2 in respect of that provision and
proceedings with respect to the contravention may be commenced by a
violation ticket issued under either
Part 2 or
Part 3 of the Provincial
Offences Procedure Act.
Item
Number
Column 1
(Section Number
of Regulation)
Column 2
(Specified Penalty
in Dollars)
4(2) or (4)
6(1), (2), (4) or (5)
7(2), (3) or (4)
8(1) or (2)
9(2)
10(1)
10(2) or (3)
11(1) or (3)
13(1), (2), (3), (4), (5) or
(6) 14(1), (2) or (3)
16(1)
16(2)
17(1)
18(1), (2), (3), (4), (5) or
(6) 19(1), (2), (3), (4), (5) or
(6) 20(1) or (2)
20(3)
21(3) or (4)
23(2), (3), (4), (5), (6), (8)
or (9)
24(1) or (3)
25(2) or (6)
26(2), (3), (4) or (5)
27(1), (2), (3) or (4)
28(3)
29(2)
30(2)
31(1), (2) or (4)
32(3)
33(2)
34(1), (2), (3), (4), (5), (6),
(8) or (9)
35(2)
37(1) or (2)
38(1), (2) or (4)
39(1), (2), (4), (5) or
(6) 40(1), (2), (4), (5) or
(6) 42(2), (3), (4), (5), (6), (8),
(9), (10) or (11)
46(1) or (2)
48(1), (2), (3), (4) or (6)
50(1) or (2)
52(2) or (3)
53(2) or (3)
54(1), (2), (3) or (4)
55(5)
56(1) or (2)
57(1) or (2)
59(1) or (2)
61(1), (2) or (3)
62(1), (2) or (3)
64(1), (2) or (3)
65(1) or (2)
66(2)
67(1) or (2)
68(1)
70(1), (2), (3), (4), (6) or
(7) 71(2), (3), (4), (6), (7) or
(9) 72(1), (2) or (3)
74(1), (2), (3) or (4)
76(1) or (2)
79(1)
79(2), (3) or (6)
82(1), (2), (3), (4), (5) or
(6) 100
83(1) or (2)
88(4)
90(1), (6), (7), (8) or (9)
90(2) or (4)
91(3)
91(4)
92(1) or (2)
97(1), (3) or (4)
98(1), (2) or (3)
99(3)
102(2), (3) or (4)
106(1)
107(2)
108(1), (3) or (4)
111(1), (2) or (3)
112(1), (3), (4), (5) or (6)
112(7)
113(1)
113(2)
114(4)
(2) Items 80 and 81 added by subsection (1) are effective
on September 1, 2010.
14 The following is added before
Schedule 2,
Part 45:
Part 44.1
Regulations Under the
Traffic Safety Act
Vehicle Inspection Regulation
1 The specified penalty payable in respect of a contravention of a
provision of the Vehicle Inspection Regulation (AR 211/2006) shown in
Column 1 is the amount shown in Column 2 in respect of that provision.
2 An "X" in Column 3 indicates that proceedings may be commenced by
a violation ticket issued under either
Part 2 or
Part 3 of the Provincial
Offences Procedure Act.
Item
Number
Column 1
(Section
Number
of Regulation)
Column 2
(Specified
Penalty
in Dollars)
Column 3
(Part 2/Part 3
Violation
Ticket)
7(1) or (2)
12(1)
13(
a) or (b)
14(
a) or (b)
15(1)
19(1)(a), (1)(b),
(1)(c), (1)(d),
(2)(
a) or (2)(b)
20(1)(a), (1)(b),
(1)(
c) or (1)(d)
21(1) or (3)
25(3)
26(1)
27(1), (2), (3),
(5)(a), (5)(b),
(5)(c), (5)(d),
(6), (7)(
a) or
(7)(b)
28(1)(a), (1)(b),
(1)(c), (1)(d),
(1)(
e) or (2)
29(1)(a), (1)(b),
(1)(c), (2)(
a) or
(2)(b)
32(3)
33(6)
34(7)
39(1)
44(1), (2) or (3)
45(1) or (2)
46(1)
52(a), (b), (
c) or
(d)
55(3)
64(1)(a), (1)(b),
(1)(c), (1)(d),
(2)(a), (2)(b),
(2)(c), (2)(
d) or
(2)(e)
78(2)
79(1), (2)(
a) or
(2)(b)
81(2)
82(5)
83(1) or (2)
84(1) or (4)
15 This Regulation comes into force on July 1, 2009.
--------------------------------
Alberta Regulation 151/2009
Regional Airports Authorities Act
REGIONAL AIRPORTS AUTHORITIES AMENDMENT REGULATION
Filed: June 3, 2009
For information only: Made by the Lieutenant Governor in Council (O.C. 302/2009)
on June 3, 2009 pursuant to
section 40 of the Regional Airports Authority Act.
1 The Regional Airports Authorities Regulation
(AR 149/90) is amended by this Regulation.
Section 144.1 is amended by striking out "June 30, 2009"
and substituting "June 30, 2012".
--------------------------------
Alberta Regulation 152/2009
Traffic Safety Act
USE OF HIGHWAY AND RULES OF THE ROAD
AMENDMENT REGULATION
Filed: June 3, 2009
For information only: Made by the Lieutenant Governor in Council (O.C. 303/2009)
on June 3, 2009 pursuant to sections 1, 112 and 113 of the Traffic Safety Act.
1 The Use of Highway and Rules of the Road Regulation
(AR 304/2002) is amended by this Regulation.
Section 1(1) is amended
(
a) by repealing clause (
i) and substituting the
following:
(i) "moped" means a vehicle that
(
i) is propelled by an electric motor or an engine that
has a displacement of not more than 50 cubic
centimetres, and
(ii) is a limited-speed motorcycle under the Motor
Vehicle Safety Regulations (Canada)
(C.R.C., c. 1038);
(
b) in clause (
m) by striking out "primary" and
substituting "provincial";
(
c) by repealing clause (
o) and substituting the
following:
(o) "power bicycle" means a vehicle that is a
power-assisted bicycle under the Motor Vehicle Safety
Regulations (Canada) (C.R.C., c. 1038);
(
d) by repealing clause (
p) and substituting the
following:
(p) "provincial highway" means a highway designated as a
provincial highway pursuant to the Highways
Development and Protection Act;
Section 10 is amended by striking out "Equipment
Regulation" wherever it occurs and substituting "Vehicle
Equipment Regulation".
Section 36 is amended
(
a) in subsection (1) by striking out "Public Highways
Development Act" and substituting "Highways
Development and Protection Act";
(
b) in subsection (2) by striking out "primary highway"
and substituting "provincial highway".
Section 43 is amended in subsection (3) by striking out
"primary highway" and substituting "provincial highway".
Section 49 is repealed and the following is substituted:
Stationary non-commercial vehicles
49(1) At any time on a highway during the night time or when,
due to insufficient light or unfavourable atmospheric conditions,
objects are not clearly discernible on the highway at a distance of
at least 150 metres ahead, a person shall not permit a vehicle that is
not a commercial vehicle to be stationary on a highway outside the
limits of an urban area unless
(
a) the tail lamps with which the vehicle is required to be
equipped are alight without delay,
(
b) the vehicle is equipped with the reflectors with which it is
required to be equipped or that are a type approved under the
Vehicle Equipment Regulation and that reflect the lights of a
motor vehicle approaching the stationary vehicle from the
rear, or
(
c) the vehicle hazard warning lamps with which the vehicle is
required to be equipped are alight without delay.
(2) Subsection (1) does not apply to a vehicle that is subject to
section 49.1.
7 The following is added after
section 49:
Stationary commercial vehicles
49.1(1) In this section, "advance warning triangle" means an
advance warning triangle that meets the requirements of
section 4
of
Schedule 1 to the Commercial Vehicle Safety Regulation.
(2) Subject to subsection (3), during the night time a person shall
not permit a commercial vehicle to be stationary on a highway
outside the limits of an urban area unless
(
a) the hazard warning lamps with which the commercial
vehicle is required to be equipped under the Vehicle
Equipment Regulation are alight, if the lamps are
functional, and
(
b) advance warning triangles are placed without delay on
the highway in line with the commercial vehicle at a
distance of
(
i) approximately 30 metres behind the commercial
vehicle, and
(ii) approximately 30 metres in front of the
commercial vehicle.
(3) At any time when, due to insufficient light or unfavourable
atmospheric conditions, objects are not clearly discernible on the
highway at a distance of at least 150 metres ahead, a person shall
not permit a commercial vehicle to be stationary on a highway
outside the limits of an urban area unless
(
a) the lighting equipment, including the hazard warning
lamps with which the commercial vehicle is required to
be equipped under the Vehicle Equipment Regulation, is
alight, if the lighting equipment is functional, and
(
b) advance warning triangles are placed without delay on
the highway in line with the commercial vehicle at a
distance of
(
i) approximately 75 metres behind the commercial
vehicle, and
(ii) approximately 75 metres in front of the
commercial vehicle.
(4) Subsections (2)(
b) and (3)(
b) do not apply to a bus or a school
bus that is stopped on a highway while a passenger, luggage,
cargo, goods or equipment is being loaded onto or taken off the
bus or school bus.
Section 55 is amended
(
a) in subsection (1) by striking out "Equipment
Regulation" wherever it occurs and substituting
"Vehicle Equipment Regulation";
(
b) in subsection (1)(
c) by adding "under the Vehicle
Equipment Regulation" after "is required to be equipped".
9 The following is added after
section 55:
Daytime running lamps
55.1 If a motor vehicle is equipped with daytime running lamps
installed by the manufacturer of the motor vehicle, a person must
not have the motor vehicle in motion on a highway unless the
daytime running lamps are alight.
Authorized lamps
55.2(1) A person shall not have a vehicle in motion on a highway
with lamps alight that are not authorized under the Vehicle
Equipment Regulation for use on that type of vehicle.
(2) Without limiting the generality of subsection (1), if a vehicle is
equipped with a supplementary non-driving lighting system, a
person shall not have the vehicle in motion on a highway with the
supplementary non-driving lighting system alight.
(3) In this section, "supplementary non-driving lighting system"
means a lighting system consisting of one or more lamps mounted
on the vehicle that are intended to provide light when work is
being carried out adjacent to the vehicle, or for the loading or
unloading of passengers, during night time or in conditions of
insufficient light.
Section 73 is amended
(
a) by adding the following after subsection (1):
(1.1) A person driving a school bus
(
a) shall activate the strobe lamp during adverse
atmospheric and visibility conditions, including fog,
blizzard and smoke, and
(
b) may activate the strobe lamp where increased visibility
is desirable.
(
b) by repealing subsection (2) and substituting the
following:
(2) Subsections (1)(
a) and (1.1) apply only in respect of school
buses that are equipped with strobe lamps and alternately
flashing red and amber lamps.
Section 113 is amended by adding "section 73(1.1)" after
"section 73(1)".
12 The following is added after
section 113:
Expiry
113.1 For the purpose of ensuring that this Regulation is reviewed
for ongoing relevancy and necessity, with the option that it be
repassed in its present or an amended form following a review, this
Regulation expires on July 1, 2019.
13(1) Sections 2(
a) and (c), 3, 6, 7, 8 and 9 come into force
on July 1, 2009.
(2) Sections 2(
b) and (d), 4 and 5 come into force on the
coming into force of
section 2 of the Highways
Development and Protection Act.
(3) Sections 10 and 11 come into force on September 1,
--------------------------------
Alberta Regulation 153/2009
Family Law Act
ALBERTA CHILD SUPPORT GUIDELINES AMENDMENT REGULATION
Filed: June 3, 2009
For information only: Made by the Lieutenant Governor in Council (O.C. 304/2009)
on June 3, 2009 pursuant to
section 107 of the Family Law Act.
1 The Alberta Child Support Guidelines (AR 147/2005) are
amended by this Regulation.
Schedule 3 is amended by adding the following after
section 15:
Deemed split-pension amounts
16 If a parent is deemed to have received a split-pension amount
under paragraph 60.03(2)(
b) of the Income Tax Act (Canada) that is
included in that parent's total income in the T1 General form issued
by the Canada Revenue Agency, deduct that amount.
3 This Regulation comes into force on July 1, 2009.
--------------------------------
Alberta Regulation 154/2009
Environmental Protection and Enhancement Act
REMEDIATION CERTIFICATE REGULATION
Filed: June 3, 2009
For information only: Made by the Lieutenant Governor in Council (O.C. 308/2009)
on June 3, 2009 pursuant to
section 120 of the Environmental Protection and
Enhancement Act.
Table of Contents
Definitions
2 Guidelines
3 Application for remediation certificate
4 Issuance of remediation certificate
5 Name on remediation certificate
6 Notice of decision
7 Contents of remediation certificate
8 Environmental protection orders
9 Public information
10 Records
11 Offences
12 Expiry
Definitions
1 In this Regulation,
(a) "Act" means the Environmental Protection and Enhancement
Act;
(b) "agricultural land" means agricultural land described in the
Guidelines;
(c) "applicant" means a person who submits an application for a
remediation certificate under
section 3;
(d) "application" means an application for a remediation
certificate;
(e) "base of remediation" means the elevations, in metres above
sea level, of the lowermost depth of the soil, water or
groundwater that was remediated;
(f) "domestic use aquifer" means an aquifer as defined in the
Guidelines;
(g) "Guidelines" means the Guidelines under
section 2;
(h) "natural area" means a natural area described in the
Guidelines;
(i) "Professional Regulatory Organization" means a Professional
Regulatory Organization approved by the Director;
(j) "remediated area" means land that is the subject of an
application and that has been remediated to meet the
requirements of the Guidelines;
(k) "remediated zone" means the soil or water within the
remediated area that is located between the base of
remediation and the top of remediation;
(l) "remediation" means reducing, removing or destroying
substances in soil, water or groundwater through the
application of physical, chemical or biological processes;
(m) "top of remediation" means the elevations, in metres above
sea level, of the uppermost surface of the soil, water or
groundwater that was remediated.
Guidelines
2(1) The following Guidelines are adopted pursuant to
section 38 of
the Act and form part of this Regulation:
(
a) the Alberta Tier 1 Soil and Groundwater Remediation
Guidelines published by the Department on June 21, 2007, as
amended or replaced from time to time;
(
b) the Alberta Tier 2 Soil and Groundwater Remediation
Guidelines published by the Department on June 21, 2007, as
amended or replaced from time to time.
(2) If a substance is listed in any one of the Guidelines referred to
under subsection (1), the applicant must comply with the remediation
standards for the substance either in accordance with the appropriate
guideline or in accordance with any other standard of remediation that
is acceptable to the Director.
(3) If a substance is not listed in any of the Guidelines referred to
under subsection (1), the applicant may follow any other standard of
remediation that is acceptable to the Director or an inspector.
Application for remediation certificate
3(1) An application for a remediation certificate must be submitted to
the Director or an inspector in a form and manner approved by the
Director or an inspector.
(2) Subject to subsection (3), an application for a remediation
certificate must contain the following information:
(
a) a map showing the legal boundaries of the land where the
remediated area is located;
(
b) a land survey prepared by a registered Alberta land surveyor
showing the boundaries of the remediated area;
(
c) the maximum depth of the base of remediation;
(
d) a diagram, including cross-sections, showing the top of
remediation and the base of remediation within the
remediated area;
(
e) a description of the substance that is the subject of the
application;
(
f) the name, mailing address, telephone number, fax number
and e-mail address of the applicant;
(
g) the name, mailing address and telephone number of each
registered owner of the land where the remediated area is
located;
(
h) a copy of the certificate of title for each parcel of land where
the remediated area is located;
(
i) a description and a map showing
(
i) the legal boundaries and the legal surveyed coordinates
of the remediated area, and
(ii) the extent, depth and concentration of the substance on
the land where the remediated area is located prior to
the remediation of the substance, and whether the
substance was present within or outside the remediated
area;
(
j) the location of all
(
i) surface water bodies, and
(ii) water wells
that are within the remediated area or within 300 metres from
the edge of the remediated area;
(
k) the location of
(
i) all domestic use aquifers, and
(ii) any other aquifers
that were considered in the development of the remediation
procedures;
(
l) the location of all
(
i) residences or occupied buildings, and
(ii) utility corridors, including pipelines and conduits,
that are on the land where the remediated area is located and
on all land immediately adjacent to that land;
(
m) copies of any preliminary site investigation reports and
detailed site investigation reports;
(
n) a description of the current land use, any allowable or
discretionary land uses and, if known, any proposed future
land use for the remediated area;
(
o) a description of the current land designation and, if known,
the proposed future land designation for the remediated area;
(
p) a detailed history of each release of the substance into the
environment, if known or ascertainable, including
(
i) the date the substance was released, or the date the
substance was discovered in the environment,
(ii) the activity that resulted in each release of the
substance,
(iii) the quantity of the substance released, and
(iv) copies of any reports made to Alberta Environment, the
Energy Resources Conservation Board or any other
government body about the release of the substance;
(
q) written details on the remediation procedure and the results
of the remediation, including
(
i) the methods of field investigation and laboratory
analysis used to determine which substances required
remediation and the extent of the remediation required,
(ii) the determination of the applicable Guidelines,
(iii) particulars of the characteristics of the land where the
remediated area is located, including topography,
drainage, soil and vegetation,
(iv) subsurface descriptions, including observed or
measured engineering, geological and environmental
properties that affected the remediation procedure or the
selection of the applicable Guidelines,
(
v) the methods used for sampling and testing the samples,
(vi) the analytical results of any samples taken from the
remediated zone and areas outside the remediated zone
before and during remediation,
(vii) the dates the remediation started and ended,
(viii) the types and volumes of materials, including
substances, taken from the remediated zone in the
course of remediation,
(ix) the location and type of waste management facilities to
which materials and substances from the remediated
zone were taken,
(
x) the methods used to remediate any substance remaining
within the remediated zone after materials were taken
from the remediated zone to a waste management
facility,
(xi) the source and volume of any soil materials brought to
the remediated zone to replace soil taken to a waste
management facility,
(xii) analytical results confirming that the soil materials in
subclause (xi) are of suitable quality for use as
replacement fill based on the land uses in clause (n),
(xiii) the methods used to determine that the remediation was
successfully completed, and
(xiv) the analytical results showing that the remediation was
successfully completed;
(
r) plans designed to effectively monitor, mitigate or prevent any
adverse effect of the substance or substances identified in
clause (
i) outside the remediated zone;
(
s) a written declaration that the applicant has complied with all
terms, conditions, directions, objectives and Guidelines
applicable to the remediated zone, including
(
i) approvals, codes of practice, environmental protection
orders and enforcement orders,
(ii) the written directions of the Director or an inspector,
and
(iii) the Guidelines;
(
t) any reclamation certificate numbers applicable for all or part
of the remediated area;
(
u) any other remediation certificate numbers applicable to all or
part of the remediated zone;
(
v) the name and signature of the person from a Professional
Regulatory Organization who has certified that all of the
information submitted in the application is to the best of that
person's knowledge true, accurate and complete.
(3) The Director or an inspector may waive any of the requirements in
subsection (2).
(4) The Director or an inspector may require the applicant to submit
information in addition to the information listed under subsection (2).
(5) The Director or an inspector is authorized to collect, directly or
indirectly, information, including personal information, listed under
this section.
Issuance of remediation certificate
4(1) The Director or an inspector may issue or refuse to issue a
remediation certificate pursuant to
section 117 of the Act.
(2) The Director or an inspector may issue a remediation certificate
under subsection (1) in respect of the substance that is the subject of
the remediation if the substance within the remediated zone has been
remediated in accordance with the Guidelines.
(3) If the substance that is the subject of the remediation is also
present on land outside the remediated area, the Director or an
inspector may issue a remediation certificate under subsection (1) in
respect of the substance that is the subject of the remediation
(
a) if the substance within the remediated zone has been
remediated in accordance with the Guidelines, and
(
b) if the Director or inspector is of the opinion that there is an
adequate plan to monitor, mitigate or prevent any adverse
effect that may be caused by the substance.
(4) A remediation certificate may not be issued under subsection (3) if
the land that is the subject of the remediation is located within a natural
area or on agricultural land.
Name on remediation certificate
5 The name on the remediation certificate must be the applicant's
name.
Notice of decision
6(1) If the Director or an inspector issues a remediation certificate
under
section 117 of the Act, the Director or inspector must provide a
copy of the remediation certificate to
(
a) the applicant, and
(
b) the registered owner of the land for which the remediation
certificate has been issued.
(2) If the Director or inspector amends a remediation certificate under
section 117(5) of the Act, the Director or inspector must provide a
copy of the amended remediation certificate to
(
a) the person to whom the remediation certificate was issued
under subsection (1)(a), and
(
b) the current registered owner of the land for which the
remediation certificate has been issued.
(3) The Director or the inspector must provide a notice of refusal to
the applicant and the registered owner of the land if the Director or
inspector
(
a) refuses to accept an application under
section 117(3.1) of the
Act, or
(
b) refuses to issue a remediation certificate under
section
117(3.2) or (4) of the Act.
(4) If the Director or inspector cancels a remediation certificate under
section 117(5) of the Act, the Director or inspector must provide a
notice of the cancellation to
(
a) the person to whom the remediation certificate was issued
under subsection (1)(a), and
(
b) the current registered owner of the land for which the
remediation certificate was issued.
Contents of remediation certificate
7(1) A remediation certificate must include the following information:
(
a) a map, with references to legal boundaries, showing the legal
surveyed coordinates of the remediated area;
(
b) a diagram, including cross-sections, showing the remediated
zone;
(
c) the substance that is the subject of the remediation certificate;
(
d) the remediation values and associated land use in the
Guidelines under which the substance was remediated;
(
e) the date the remediation was completed;
(
f) the date the remediation certificate was issued.
(2) The remediation certificate may, in accordance with
section 117(4)
of the Act, include any terms or conditions that the Director or
inspector considers appropriate.
Environmental protection orders
8(1) Subject to this section, no environmental protection order may be
made under
section 113 of the Act with respect to the substance and
the remediated zone that are the subject of the remediation certificate
after
(
a) the date the remediation certificate was issued, or
(
b) the date that the last term or condition in the remediation
certificate has been completed to the satisfaction of the
Director,
whichever is later.
(2) Notwithstanding subsection (1), an environmental protection order
may be issued to a person at any time where the Director or an
inspector is of the opinion that one or more of the substances specified
in the remediation certificate
(
a) are present in the remediated zone specified in the
remediation certificate, and
(
b) exceed the remediation objectives in the Guidelines that were
applicable at the time the remediation certificate was issued.
(3) An environmental protection order may be issued at any time to a
person who
(
a) causes a change in the condition of the remediated area or the
remediated zone specified in the remediation certificate in
such a manner that, in the opinion of the Director or an
inspector, the substance present within the remediated zone
may cause, is causing or has caused an adverse effect, or
(
b) changes the use of the remediated area specified in the
remediation certificate in such a manner that, in the opinion
of the Director or an inspector, the substance present within
the remediated zone may cause, is causing or has caused an
adverse effect.
Public information
9 Once an application for a remediation certificate has been
submitted to the Director or an inspector, the following information is
deemed to be public information for the purposes of
section 35 of the
Act and the Disclosure of Information Regulation (AR 273/2004):
(
a) information contained in or referred to in an application;
(
b) a remediation certificate or an amended remediation
certificate;
(
c) any notices of refusal or cancellation provided under
section
6(3) and (4).
Records
10 An applicant must retain all of the information described in
section 3 for a period of 10 years following the issuance of a
remediation certificate.
Offences
11(1) Any person who provides false, misleading or inaccurate
information in an application under this Regulation is guilty of an
offence and is liable
(
a) in the case of an individual, to a fine of not more than
$50 000, or
(
b) in the case of a corporation, to a fine of not more than
$500 000.
(2) No person shall be convicted of an offence referred to in
subsection (1) if that person establishes on a balance of probabilities
that the person took all reasonable steps to prevent its commission.
Expiry
12 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, 2016.
--------------------------------
Alberta Regulation 155/2009
Environmental Protection and Enhancement Act
LUBRICATING OIL MATERIAL RECYCLING AND MANAGEMENT
AMENDMENT REGULATION
Filed: June 3, 2009
For information only: Made by the Lieutenant Governor in Council (O.C. 309/2008)
on June 3, 2009 pursuant to
section 175 of the Environmental Protection and
Enhancement Act.
1 The Lubricating Oil Material Recycling and Management
Regulation (AR 82/97) is amended by this Regulation.
Section 11 is amended by striking out "June 30, 2009" and
substituting "June 30, 2010".
--------------------------------
Alberta Regulation 156/2009
Government Organization Act
DESIGNATION AND TRANSFER OF RESPONSIBILITY
AMENDMENT REGULATION
Filed: June 3, 2009
For information only: Made by the Lieutenant Governor in Council (O.C. 310/2009)
on June 3, 2009 pursuant to
section 16 of the Government Organization Act.
1 The Designation and Transfer of Responsibility
Regulation (AR 38/2008) is amended by this Regulation.
Section 2 is amended by adding the following after
subsection (2):
(2.1) The powers, duties and functions of the Minister in the
Gaming Grants Regulation (AR 29/2004) are transferred to the
responsibility of the Minister of Aboriginal Relations.
Section 3 is amended
(
a) by adding the following after subsection (1):
(1.1) The Minister of Advanced Education and Technology
is designated as the Minister responsible for the Alberta
Enterprise Corporation Act.
(
b) by repealing subsection (3).
Section 4 is amended
(
a) by repealing subsection (1)(
p) and (dd);
(
b) by adding the following after subsection (1.1):
(1.2) The Minister of Agriculture and Rural Development is
designated as the Minister responsible for the Heating Oil
and Propane Rebate Act.
(
c) by repealing subsection (2).
Section 5(2.1) is repealed.
Section 6 is amended by adding the following after
subsection (1):
(1.1) The Minister of Culture and Community Spirit is designated
as the Minister responsible for the Film and Video Classification
Act.
Section 8 is amended by repealing subsection (3.1).
Section 9 is amended by adding the following after
subsection (1):
(1.1) The Minister of Energy is designated as the Minister
responsible for the Dunvegan Hydro Development Act.
Section 12 is amended
(
a) by repealing subsection (1)(e), (
f) and (g);
(
b) by adding the following after subsection (1):
(1.1) The Minister of Health and Wellness is designated as
the Minister responsible for the following Acts:
(
a) Emergency Health Services Act;
(
b) Health Governance Transition Act.
Section 18 is amended by adding the following after
subsection (1.1):
(1.2) The Minister of Seniors and Community Supports is
designated as the Minister responsible for the Adult Guardianship
and Trusteeship Act.
Section 20 is amended
(
a) by adding the following after subsection (2):
(2.1) The Solicitor General and Minister of Public Security
is designated as the Minister responsible for the Security
Services and Investigators Act.
(
b) by repealing subsection (3).
Section 22 is amended by adding the following after
subsection (1):
(1.1) The Minister of Tourism, Parks and Recreation is designated
as the Minister responsible for the Travel Alberta Act.
--------------------------------
Alberta Regulation 157/2009
Fair Trading Act
PAYDAY LOANS REGULATION
Filed: June 3, 2009
For information only: Made by the Minister of Service Alberta (M.O. SA:019/2009)
on June 3, 2009 pursuant to
section 105(1) of the Fair Trading Act.
Table of Contents
Definitions
2 Application
3 Licensing
4 Multiple locations
5 Prohibition
6 Representations
7 Term and fee
8 Requirements for licence
9 Security
10 Notification required
11 Prohibited practices
12 Tied selling prohibited
13 Cooling off period
14 Agreement and advance
15 Receipt for payment
16 Payout of balance on cash card
17 Maximum allowable cost of borrowing
18 Prepayment
19 Consequence of failure to comply
20 Signs and notices
21 Creation of records
22 Use of information
23 Retention of documents
24 Offences
25 Review
26 Expiry
27 Coming into force
Definitions
1 In this Regulation,
(a) "Act" means the Fair Trading Act;
(b) "cash card" means a card or other device issued by a payday
lender to the borrower of a payday loan instead of advancing
cash or transferring money to the order of the borrower that
can be used to obtain cash or acquire goods and services, but
does not include a credit card;
(c) "discounting" means the practice of deducting or withholding
from the initial advance of a payday loan an amount
representing any portion of the cost of borrowing;
(d) "licence" means a payday loan business licence;
(e) "payday lender" means a person who offers, arranges or
provides payday loans;
(f) "payday loan" means any advancement of money with a
principal of $1500 or less and a term of 62 days or less made
in exchange for a post-dated cheque, a pre-authorized debit
or a future payment of a similar nature, but not for any
guarantee, suretyship, overdraft protection or security on
property and not through a margin loan, pawnbrokering, a
line of credit or a credit card;
(g) "payday loan business" means the activity of offering,
arranging or providing payday loans by a payday lender;
(h) "rollover loan" means the extension or renewal of a payday
loan that imposes additional fees or charges on the borrower,
other than interest, and includes the advancement of a new
payday loan to pay out an existing payday loan.
Application
2(1) The provisions of this Regulation apply
(
a) to every payday lender who offers, arranges or provides a
payday loan to a borrower in Alberta, whether the payday
lender operates from business premises or on the Internet,
and
(
b) to each payday loan, regardless of the number of payday
lenders involved in the payday loan.
(2) The General Licensing and Security Regulation (AR 187/99)
applies to the payday loan business.
(3) This Regulation does not apply to a payday loan made before the
coming into force of this Regulation, except to the extent that it relates
to an extension or renewal of a payday loan made or granted after the
coming into force of this Regulation.
Licensing
3(1) The class of licence to be known as the payday loan business
licence is established.
(2) A person who holds a payday loan business licence is authorized
to engage in the payday loan business.
Multiple locations
4(1) If a payday lender engages in the business of making payday
loans at more than one location, the licence referred to in
section 3(2)
must specify each location at which the payday lender engages in the
business of making payday loans.
(2) A payday lender must prominently display a copy of the licence in
each location named to which the licence pertains.
(3) If the payday lender engages in the payday loan business by means
of the Internet, the payday lender must display a copy of the licence,
prominently at or near the top of the introductory page of the website
for Alberta borrowers.
Prohibition
5(1) A payday lender shall not engage in the business of making
payday loans at any of the payday lender's locations in Alberta under a
business name that differs from the name on the licence.
(2) Where a payday lender who holds a licence in respect of one or
more locations intends to engage in the payday loan business at a new
location, the payday lender shall not engage in any business at the new
location until the payday lender has obtained a licence for that
location.
Representations
6(1) A payday lender shall not represent, expressly or by implication,
that a payday loan business licence is an endorsement or approval of
the payday lender by the Government of Alberta.
(2) Subsection (1) does not preclude a payday lender from
representing that the payday lender is licensed under this Regulation.
Term and fee
7(1) The term of a licence under this Regulation shall not exceed 2
years.
(2) The fee for a licence and the first location is $1000 per year plus
$500 per year for each additional location specified on the application.
(3) The fee to issue an amended licence, including the transfer of a
licence to another licensed payday lender, is $75.
(4) The fee to add new locations to a licence is $500 per year for each
location.
Requirements for licence
8 An applicant for a licence must submit to the Director
(
a) a copy of each of the following documents that the applicant
uses or intends to use:
(
i) the standard loan agreement;
(ii) the cancellation notice form;
(iii) the form for acknowledging the receipt of the loan
cancellation;
(iv) the form for acknowledging receipt of payments made
by the borrower;
(
v) a copy of the signs required under
section 20(1),
and
(
b) any other information or documentation required by the
Director.
Security
9(1) A payday loan business licence shall not be issued or renewed
unless the applicant submits to the Director a security in a form and an
amount approved by the Director.
(2) The Director may, if the Director considers it appropriate, increase
the amount of the security that is to be provided by a payday lender
before the term of the payday lender's licence expires.
Notification required
10(1) Subject to subsection (3), the holder of a payday loan business
licence shall notify the Director in writing respecting any change in
(
a) any licensing information provided to the Director in
accordance with
section 8, and
(
b) the number of locations and the addresses of the locations at
which the holder is operating as a payday lender,
within 15 days of the change.
(2) If a payday lender makes changes to any document that was
submitted to the Director under
section 8, the payday lender must
submit copies of the changed document to the Director within 15 days
of making the change.
(3) Where a payday lender who holds a licence in respect of one or
more locations intends to engage in the payday loan business at a new
location, the notice referred to in subsection (1) must be provided to
the Director, together with the applicable fee, prior to conducting any
business at the new location.
Prohibited practices
11(1) A payday lender shall not engage in any of the following
practices:
(
a) discounting the principal amount of a payday loan;
(
b) granting a rollover loan;
(
c) accepting a cheque from the borrower unless it is payable to
the payday lender;
(
d) requiring that a payday loan be due before the first day after
the first banking day on which the borrower will receive his
or her pay or other income following the date of the loan;
(
e) requiring, requesting or accepting information that would
give the payday lender direct access to a borrower's bank
account, except for pre-authorization for repayment of a
specific payday loan;
(
f) making unauthorized withdrawals from a borrower's
account;
(
g) charging any fee to a borrower for whom the payday lender
acts in addition to those fees provided for in the agreement
with that borrower in relation to the payday loan;
(
h) failing to include the name of the payday lender as shown on
the payday lender licence in all contacts and correspondence
with the borrower;
(
i) making any personal call or telephone call for the purpose of
collecting or attempting to collect a debt on any day except
between 7 a.m. and 10 p.m. in Alberta;
(
j) directly or indirectly threatening or stating an intention to
proceed with any action for which there is no lawful
authority;
(
k) contacting or attempting to contact the borrower, any
member of the borrower's household, any relative of the
borrower, the borrower's employer or any neighbour, friend
or acquaintance of the borrower by any means in such a
manner as to constitute harassment, including but not limited
(
i) the use of threatening, profane, intimidating or coercive
language,
(ii) the use of undue, excessive or unreasonable pressure, or
(iii) the use of telephone, e-mail or other methods of contact,
other than traditional mail, to call or send messages
excessively;
(
l) giving any person, directly or indirectly, by implication or
otherwise, any false or misleading information, including but
not limited to references to the police, a law firm, prison,
credit history, court proceedings or a lien or garnishment;
(
m) contacting a borrower's spouse or adult interdependent
partner, relative, neighbour, friend or acquaintance unless the
contact is limited to the purpose of obtaining the borrower's
residential address, personal telephone number or
employment telephone number;
(
n) contacting the borrower's employer for any purpose other
than to confirm the borrower's employment status, business
title, the address of the business or the date of the next
payday;
(
o) contacting a borrower at the borrower's place of employment
if the borrower
(
i) requests the payday lender not to contact the borrower
there,
(ii) makes reasonable arrangements to discuss the payday
loan with the payday lender, and
(iii) discusses the payday loan with the payday lender in
accordance with the arrangements;
(
p) communicating information about the payday loan or the
existence of the payday loan to any person except the
borrower unless the borrower has expressly consented to the
communication;
(
q) entering into or arranging wage assignments with a borrower
or the employer of a borrower;
(
r) publishing or threatening to publish a borrower's failure to
pay;
(
s) giving false, misleading or deceptive information in
advertisements, solicitations or negotiations with respect to a
payday loan.
(2) A payday lender shall not attempt to collect an outstanding payday
loan more than 3 years after the date of the last payment or written
acknowledgement by the borrower.
Tied selling prohibited
12(1) A payday lender shall not make a payday loan contingent on the
supply of other goods or services.
(2) A payday loan agreement shall not include a term or condition
relating to the supply of other goods or services.
(3) A payday loan agreement must include a statement that the supply
of other goods or services is separate and optional.
(4) The statement referred to in subsection (3) must be initialled by the
borrower.
Cooling off period
13(1) A borrower under a payday loan agreement may, without any
reason, cancel the agreement at any time up to the end of
(
a) the 2nd day after the payday lender gives a copy of the
agreement to the borrower, if the payday lender is open for
business on that day, or
(
b) the next day that the payday lender is open for business
following the 2nd day described in clause (a), if the payday
lender is not open for business on that 2nd day.
(2) A borrower who wishes to cancel a payday loan agreement must
(
a) give written notice within the time period set out in
subsection (1) to the payday lender, and
(
b) return the full amount received by the borrower to the payday
lender.
(3) In giving notice of cancellation under subsection (2), a borrower
may
(
a) use the copy of the cancellation notice provided by the
payday lender under
section 14(2), or
(
b) provide notice in writing, signed by the borrower, of the
borrower's intention to cancel the payday loan agreement.
(4) On receiving notice of cancellation from a borrower under this
section, the payday lender shall give the borrower a receipt in the form
referred to in
section 8 acknowledging receipt of the loan cancellation.
(5) A payday lender shall not charge a fee for the cancellation of a
payday loan.
Agreement and advance
14(1) A payday lender shall ensure that the terms, information and
statements contained in its standard loan agreement are written in a
clear and comprehensible manner.
(2) A payday lender shall give a borrower a copy of the agreement at
the time it is signed by the borrower, together with a copy of the
cancellation notice that may be used by the borrower for the purposes
section 13.
(3) A payday lender shall ensure that the proceeds of the payday loan
are delivered to the borrower no later than at the time of entering into
the agreement.
Receipt for payment
15 On receiving payment, a payday lender shall immediately give the
borrower a receipt for that payment in the form referred to in
section 8
that specifies
(
a) the name of the borrower,
(
b) the date of payment,
(
c) the agreement number of the payday loan on which the
payment was made,
(
d) the amount paid, and
(
e) the amount still owing on the payday loan, if any.
Payout of balance on cash card
16(1) If in respect of a payday loan the payday lender issues a cash
card to the borrower, the borrower is entitled to be paid in cash the
amount of credit remaining on the card where
(
a) the balance of credit remaining on the cash card is less than
$25, or
(
b) the payday loan has been repaid by the borrower and the cash
card has expired.
(2) If the borrower is entitled to be paid a balance under subsection
(1) and returns the cash card to the payday lender, the payday lender shall
immediately pay the balance on demand by the borrower.
Maximum allowable cost of borrowing
17(1) The maximum total cost of borrowing that may be charged,
required or accepted by a payday lender is 23% of the principal
amount of the loan.
(2) In addition to subsection (1), if a borrower fails to repay the
amount specified in the agreement, the payday lender may charge the
following:
(
a) interest at a rate of 2.5% per month, not to be compounded;
(
b) a one-time fee in an amount determined by the Director for
each dishonoured cheque or dishonoured pre-authorized
debit.
(3) The maximum charges under this
section include all amounts that
can be collected directly or indirectly from a borrower.
Prepayment
18 A borrower may pay the full outstanding balance under a payday
loan agreement at any time without incurring any prepayment charge
or penalty.
Consequence of failure to comply
19 If a payday lender fails to comply with any of the requirements of
section 11, 12, 14(2) or (3), 15, 16, 17 or 18,
(
a) all amounts in respect of the payday loan except the principal
cease to be permissible charges, and
(
b) the borrower is not liable to pay the payday lender any
amount that exceeds the principal of the payday loan.
Signs and notices
20(1) A payday lender shall prominently display at each of the
payday lender's locations
(
a) a sign visible to borrowers immediately on entering the
location, and
(
b) a sign visible to borrowers at each place where a payday loan
is negotiated.
(2) The signs required under subsection (1) shall consist of only the
following information in the following order:
(
a) the words "Maximum charges permitted in Alberta for a
payday loan: $23 per $100 lent";
(
b) the words "We charge ________", representing the payday
lender's total charges for a payday loan;
(
c) the words "For a $300 loan for 14 days:
Total cost of borrowing = __________", representing the
payday lender's total charges for a $300 loan for 14 days;
(
d) the words "Annual Percentage Rate = _________"
representing the annual percentage rate charged by the
payday lender for a $300 loan for 14 days;
(
e) the words "This information meets the requirements of the
Payday Loans Regulation under the Fair Trading Act";
(
f) the payday lender's licence number.
(3) A payday lender who engages in the payday loan business
(
a) by means of the Internet must display the information
required under subsection (2) on a page of the payday
lender's website that precedes the payday loan application,
and
(
b) by telephone must disclose to a prospective borrower the
information required under subsection (2).
Creation of records
21 A payday lender shall create and maintain records relating to the
payday lender's collection activities with respect to each payday loan,
including but not limited to logs of telephone calls and other records of
contact such as note lines.
Use of information
22 A payday lender shall ensure that applications for payday loans,
payday loan agreements and other documents in respect of payday
loans
(
a) are used only for the purpose of providing, administering or
collecting payday loans, and
(
b) are not used in connection with the provision of any other
goods or services.
Retention of documents
23(1) A payday lender shall retain each payday loan agreement,
receipts and other documents in respect of the payday loan, including
logs of telephone calls, records of contact such as note lines and other
records relating to collection activities, for a period of 3 years after the
date on which the payday loan is fully repaid.
(2) Where a payday loan is not repaid, a payday lender shall retain the
documents referred to in subsection (1) in respect of the payday loan
until a date 3 years after the date referred to in
section 11(2).
Offences
24 A person who contravenes or fails to comply with any of the
following provisions is guilty of an offence:
section 5;
section 10;
section 11;
section 12;
section 14(2), (3);
section 15;
section 16;
section 17;
section 18;
section 20;
section 21;
section 22;
section 23.
Review
25 The maximum total cost of borrowing established under
section
17(1) must be reviewed within 3 years from the date on which
section
17 comes into force.
Expiry
26 For the purposes 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, 2016.
Coming into force
27(1) This Regulation, except
section 17, comes into force on
September 1, 2009.
(2) Section 17 comes into force on January 31, 2010.
--------------------------------
Alberta Regulation 158/2009
Oil Sands Conservation Act
OIL SANDS CONSERVATION AMENDMENT REGULATION
Filed: June 4, 2009
For information only: Made by the Energy Resources Conservation Board on June 1,
2009 pursuant to
section 20(1) of the Oil Sands Conservation Act.
1 The Oil Sands Conservation Regulation (AR 76/88) is
amended by this Regulation.
Section 62 is amended by striking out "June 30, 2009" and
substituting "June 30, 2011".
Alberta Regulation 159/2009
Alberta Utilities Commission Act
Electric Utilities Act
FAIR, EFFICIENT AND OPEN COMPETITION REGULATION
Filed: June 8, 2009
For information only: Made by the Minister of Energy (M.O 10/2009 ) on May 20,
2009 pursuant to
section 59 of the Alberta Utilities Commission Act and
section 41 of
the Electric Utilities Act.
Table of Contents
Definitions
2 Conduct not supporting fair, efficient and open competition
3 Preferential sharing of records that are not available to the public
4 Restrictions on trading using outage records that are not available
to the public
5 Market share offer control
6 ISO matters
7 Expiry
8 Coming into force
Definitions
1(1) In this Regulation,
(a) "affiliate" means an affiliated body corporate as defined in
Part 1 of the Business Corporations Act;
(b) "congestion" means a situation where anticipated in-merit
electric energy cannot be dispatched due to a constraint
affecting the interconnected electric system;
(c) "ISO" means the Independent System Operator created
pursuant to the Electric Utilities Act;
(d) "MSA" means the Market Surveillance Administrator
continued pursuant to
Part 5 of the Alberta Utilities
Commission Act;
(e) "outage records" means records that relate to the capability
(
i) a generating unit connected to the interconnected
electric system to produce electric energy,
(ii) a transmission facility, including the capability of
interties, as defined in the Transmission Regulation
(AR 86/2007), to transfer electric energy,
(iii) an electric distribution system to transfer electric
energy, or
(iv) a market participant to consume electric energy;
(f) "price index" includes the pool price or other price indices
relating to the price of electricity, electric energy, electricity
services or ancillary services in Alberta that is made
available to the public;
(g) "share" means to disclose or make records available to any
other person;
(h) "trade" means any financial or physical agreement,
arrangement, transaction or strategy relating to the exchange,
purchase or sale of electricity, electric energy, electricity
services or ancillary services involving 2 or more market
participants.
(2) In this Regulation, the following words and phrases have the
meaning given to them by the Electric Utilities Act:
(
a) ancillary services;
(
b) Commission;
(
c) conduct;
(
d) customer;
(
e) dispatch;
(
f) electric distribution system;
(
g) electric energy;
(
h) electricity;
(
i) electricity services;
(
j) generating unit;
(
k) interconnected electric system;
(
l) ISO rules;
(
m) market;
(
n) market participant;
(
o) person;
(
p) pool price;
(
q) power pool;
(
r) record;
(
s) transmission facility;
(
t) transmission system.
Conduct not supporting fair, efficient and open competition
2 Conduct by a market participant that does not support the fair,
efficient and openly competitive operation of the market includes the
following:
(
a) providing misleading records to the market or to any other
person;
(
b) misrepresenting the financial condition of the market
participant to the market or to any other person;
(
c) prearranging offsetting or wash trades that, when completed,
collectively result in
(
i) no material financial risk, and
(ii) no net change in beneficial ownership;
(
d) misrepresenting to the market or to any other person the
availability of electricity, electric energy, electricity services
or ancillary services;
(
e) misrepresenting the capability or operational status of a
generating unit, transmission facility or electric distribution
system to the market or to any other person;
(
f) not offering to the power pool all electric energy from a
generating unit that is capable of operating, except where
(
i) the electric energy is used on property for the market
participant's own use,
(ii) the electric energy has been accepted by the ISO for the
provision of ancillary services, or
(iii) the Electric Utilities Act, its regulations or the ISO does
not require the electric energy to be offered;
(
g) disrupting or impairing the safety or reliability of the
interconnected electric system;
(
h) restricting or preventing competition, a competitive response
or market entry by another person, including
(
i) a market participant directly or indirectly colluding,
conspiring, combining, agreeing or arranging with
another market participant to restrict or prevent
competition, and
(ii) a market participant engaging in predatory pricing or
any other form of predatory conduct;
(
i) offering electric energy from a generating unit or operating a
generating unit, transmission facility or electric distribution
system for the purpose of
(
i) creating or increasing congestion, and
(ii) being paid to relieve that congestion;
(
j) manipulating market prices, including any price index, away
from a competitive market outcome;
(
k) carrying out actions or transactions to circumvent any
enactment, order or decision of the Commission, ISO rule or
other rule applicable to a market participant.
Preferential sharing of records that are not available to the public
3(1) Subject to subsection (2), a market participant shall not share
records that are not available to the public relating to any past, current
or future price and quantity offer made to the power pool or for the
provision of ancillary services.
(2) Records that are not available to the public referred to in
subsection (1) may be shared
(
a) between market participants who are affiliates of each other,
(
b) between market participants 60 days after the price and
quantity offer was made to the power pool or for the
provision of ancillary services,
(
c) by a market participant with a broker, brokerage, forward
exchange or person who prepares a price index for the
purpose of, or related to, trading electricity, electric energy,
electricity services or ancillary services,
(
d) by a market participant with the ISO or the MSA,
(
e) by a market participant with another person, where required
or permitted to do so by any enactment, except an ISO rule,
(
f) by a market participant with another person, where required
or permitted to do so by an ISO rule, but only to the extent
that sharing is for the sole purpose of financial settlement,
(
g) pursuant to an agreement or arrangement approved by the
ISO before the coming into force of this Regulation, for a
period of one year after the coming into force of this
Regulation or until the expiry or termination of the
agreement or arrangement, whichever is earlier, or
(
h) in accordance with an order of the Commission under
subsection (3).
(3) The Commission may, on application by a market participant that
is otherwise prohibited from sharing records referred to under
subsection (1), issue an order permitting the sharing of those records
where the market participant establishes that
(
a) the records will not be used for any purpose that does not
support the fair, efficient and openly competitive operation of
the electricity market, including the conduct referred to in
section 2, and
(
b) the sharing of the records is reasonably necessary for the
market participant to carry out its business.
(4) A market participant seeking an order pursuant to subsection
(3) shall notify the MSA of the application at the same time as making the
application to the Commission.
(5) Where the Commission receives an application under this section,
the Commission shall
(
a) publish notice of the application,
(
b) hold in private a hearing or other proceeding involving only
the market participant that filed the application and, subject
to subsection (6), the MSA, and
(
c) publish a notice of any order of the Commission relating to
the application and, in the opinion of the Commission,
include sufficient detail to allow a reasonable understanding
of the nature of the hearing or other proceeding and the
findings of the Commission.
(6) The MSA may choose not to participate in a hearing or other
proceeding referred to in subsection (5)(b).
Restrictions on trading using outage records that are not available to the
public
4(1) A market participant shall not, directly or indirectly, use outage
records to trade unless permitted to do so under this section.
(2) Subject to subsection (6), market participants shall provide outage
records to the ISO as soon as reasonably practicable, in a form and
manner and containing the content required by the ISO.
(3) The ISO shall make outage records received from market
participants available to the public
(
a) by category, including
(
i) generating unit fuel type,
(ii) transmission facility,
(iii) electric distribution system, and
(iv) market participant capability to consume electric
energy,
(
b) through outage reports that include the effective date and
time of the most recent outage records received from market
participants in each report, and
(
c) on its website, or through any other means, as soon as
reasonably practicable.
(4) The ISO shall, to the extent practicable, aggregate outage records
received from market participants relating to generating units and
market participant capability to consume electric energy when
including those records in outage reports.
(5) A market participant may use an outage record to trade after the
outage record has been made available to the public by the ISO.
(6) The ISO may exempt a market participant from the requirement to
provide outage records under subsection (2) where, in the ISO's
opinion,
(
a) the records would not reasonably be expected to have a
material impact on market prices, and
(
b) the records are not necessary to carry out the ISO's duties
under the Electric Utilities Act.
(7) The ISO shall request and have regard for the views of the MSA
relating to subsection (6)(
a) before determining whether to exempt a
market participant from the requirement to provide outage records
under subsection (2).
(8) Subsections (1) and (3) do not apply to outage records that are not
required to be provided to the ISO pursuant to subsection (2) or (6).
Market share offer control
5(1) In this section,
(a) "associate of a market participant" means a person associated
with a market participant where
(
i) one is an affiliate of the other,
(ii) one is a corporation of which the other legally or
beneficially owns or controls, directly or indirectly,
(
A) at least 10% of the voting shares or securities that
are convertible into at least 10% of the voting
shares, or
(
B) an exercisable option or right to purchase at least
10% of the voting shares or securities that are
convertible into at least 10% of the voting shares,
(iii) one is a partnership of which the other is a partner,
including a general partner of a limited partnership,
(iv) one is a trust or estate in which the other owns or holds
at least a 10% legal or beneficial interest or in respect of
which the other serves as a trustee or in a similar
capacity, or
(
v) one is a corporation of which the other is an officer or
director;
(b) "generating unit" means a generating unit as defined in the
Electric Utilities Act, but does not include
(
i) a generating unit that is not connected to the
interconnected electric system, or
(ii) a generating unit that is being decommissioned and is
not capable of providing electric energy to the
interconnected electric system;
(c) "market participant" means a market participant as defined in
the Electric Utilities Act and includes an associate of a
market participant;
(d) "maximum capability" means the maximum quantity of
megawatts that could be provided or offered from a
generating unit to the power pool under optimal operating
conditions, in accordance with ISO rules;
(e) "offer control" means the ultimate control and determination
by a market participant of the price and quantity offers made
to the power pool of all or a portion of the maximum
capability of one or more generating units, which
(
i) includes the maximum capability associated with each
generating unit where a market participant is required
by the ISO to make a price and quantity offer to the
power pool, including minimum stable generation and
must run volumes, and
(ii) excludes the maximum capability associated with a
generating unit where a market participant is not
required by the ISO to make a price and quantity offer
to the power pool.
(2) The MSA shall at least annually calculate the percentage of offer
control held by market participants using the following formula:
P = A x 100
where
P is the percentage of offer control held by a market
participant;
A is the sum of offer control held by a market participant;
B is the sum of maximum capability of generating units in
Alberta.
(3) The MSA shall at least annually make available to the public an
offer control report that
(
a) shall include the names and the percentage of offer control
held by market participants, where the percentage of offer
control is greater than 5%, and
(
b) may include the names and the percentage of offer control
held by market participants, where the percentage of offer
control is 5% or less.
(4) The MSA may from time to time publish an updated offer control
report if, in its opinion, new records result in any material change to
the offer control of a market participant or may cause a market
participant to approach or exceed the percentage set out in subsection
(5).
(5) Subject to subsection (6) a market participant shall not hold offer
control in excess of 30% of the total maximum capability of generating
units in Alberta.
(6) A market participant does not contravene subsection (5) if the
Commission decides that the percentage limit established under that
subsection was exceeded as a result of an unexpected decrease in the
denominator of the formula referred to in subsection (2).
(7) Where the Commission makes a decision under subsection (6), the
market participant shall not increase its offer control further until the
Commission decides that the market participant is under the percentage
limit established under subsection (5).
ISO matters
6(1) The ISO shall make available to the public the price, quantity and
asset identification associated with each offer made to the power pool
that is available for dispatch.
(2) The ISO shall
(
a) develop information technology systems that are capable of
identifying and tracking the market participant that holds the
offer control associated with each price and quantity offer
made to the power pool, and
(
b) include that information in the reporting made available to
the public under subsection (1), when the ISO's information
technology systems are capable of identifying and tracking
that information.
(3) The ISO shall delay making available to the public the asset
identification referred to in subsection (1) and the identification of the
market participant that holds the offer control referred to in subsection
(2) by 60 days after they are made to the power pool.
Expiry
7 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 1, 2029.
Coming into force
8 This Regulation comes into force on September 1, 2009.
--------------------------------
Alberta Regulation 160/2009
Electric Utilities Act
TRANSMISSION AMENDMENT REGULATION
Filed: June 8, 2009
For information only: Made by the Lieutenant Governor in Council (O.C. 311/2009)
on June 8, 2009 pursuant to
section 142 of the Electric Utilities Act.
1 The Transmission Regulation (AR 86/2007) is amended
by this Regulation.
Section 24(3) is repealed and the following is
substituted:
(3) Subsection (1) does not apply in respect of
(
a) a transmission facility to which
section 27 applies, or
(
b) critical transmission infrastructure in respect of which the
Minister has made a determination under
section 24.1(2).
3 The following is added after
section 24:
Critical transmission infrastructure
24.1(1) In this section, "critical transmission infrastructure" means
a transmission facility that, in the Minister's opinion, is critical to the
safe, reliable and economic operation of the interconnected electric
system.
(2) The Minister may determine
(
a) who is eligible to apply for the construction or operation, or
both, of a critical transmission infrastructure, and
(
b) who is responsible for upgrades or enhancements to a critical
transmission infrastructure.
(3) The ISO must have regard to a determination made by the
Minister under subsection (2) when carrying out the ISO's functions
under the Act and regulations, including
(
a) taking into account, when preparing a needs identification
document under
section 34 of the Act, that the Minister has
under
section 24.1(2) determined the person who is eligible
to apply to construct or operate, or who is responsible for
upgrades or enhancements to, a critical transmission
infrastructure,
(
b) giving, when giving a direction or making a request under
section 35 of the Act, the direction or making the request to
the person determined by the Minister under
section 24.1(2).
(4) The Commission when considering approval of the matters in
section 142(1)(l)(iii) of the Act must have regard to the
determination made by the Minister under
section 24.1(2).
--------------------------------
Alberta Regulation 161/2009
Energy Resources Conservation Act
ENERGY RESOURCES CONSERVATION BOARD ADMINISTRATION
FEES AMENDMENT REGULATION
Filed: June 11, 2009
For information only: Made by the Energy Resources Conservation Board on June 3,
2009 pursuant to
section 27.2 of the Energy Resources Conservation Act.
1 The Energy Resources Conservation Board
Administration Fees Regulation (AR 114/2008) is amended
by this Regulation.
Section 2(2) is amended by striking out "2008-09 fiscal year
is December 31, 2007" and substituting "2009-10 fiscal year is
December 31, 2008".
Section 3(2) is repealed and the following is substituted:
(2) For the 2009-10 fiscal year, the annual adjustment factor is
1.380553.
Section 4(2) is amended by striking out "$0.046117" and
substituting "$0.045976".
Section 5 is amended
(
a) in subsection (4) by striking out "2.041806" and
substituting "1.772539";
(
b) in subsection (5) by striking out "1.890394" and
substituting "1.454550";
(
c) in subsection (6) by striking out "2.050056" and
substituting "1.465206";
(
d) in subsection (7) by striking out "1.776024" and
substituting "1.582236";
(
e) in subsection (8) by striking out "2.020267" and
substituting "4.648886".
--------------------------------
Alberta Regulation 162/2009
Fair Trading Act
GIFT CARD AMENDMENT REGULATION
Filed: June 11, 2009
For information only: Made by the Minister of Service Alberta (M.O. SA:022/2009)
on June 9, 2009 pursuant to
section 4.1 of the Fair Trading Act.
1 The Gift Card Regulation (AR 146/2008) is amended by
this Regulation.
Section 1 is amended by adding the following after
clause (a):
(a.1) "financial institution" means
(
i) a bank listed in
Schedule I, II or III of the Bank Act
(Canada),
(ii) a treasury branch,
(iii) a credit union, or
(iv) a trust corporation or loan corporation registered
under the Loan and Trust Corporations Act;
3 The following is added after
section 1:
Non-application
1.1 This Regulation does not apply to a prepaid purchase card if
there is a direct agreement between the cardholder and the financial
institution relating to the use of the card and that agreement includes
a provision that the financial institution promises that the cardholder
may make purchases with the card up to the amount of the card in
accordance with the agreement, subject to any fees payable to the
institution under the agreement.
Section 5(1) is amended by striking out "comprehensible"
and substituting "concise".
--------------------------------
Alberta Regulation 163/2009
Fair Trading Act
COLLECTION AND DEBT REPAYMENT PRACTICES
AMENDMENT REGULATION
Filed: June 15, 2009
For information only: Made by the Minister of Service Alberta (M.O. SA:017/2009)
on June 10, 2009 pursuant to
section 118 of the Fair Trading Act.
1 The Collection and Debt Repayment Practices
Regulation (AR 194/99) is amended by this Regulation.
Section 12(1)(c)(ii) is repealed and the following is
substituted:
(ii) when using an automated call system, fail to provide a
contact number for the debtor to call when leaving a
message;
--------------------------------
Alberta Regulation 164/2009
Freedom of Information and Protection of Privacy Act
FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY
(MINISTERIAL) AMENDMENT REGULATION
Filed: June 15, 2009
For information only: Made by the Minister of Service Alberta (M.O. SA:018/2009)
on June 10, 2009 pursuant to
section 94(3) of the Freedom of Information and
Protection of Privacy Act.
1 The Freedom of Information and Protection of Privacy
(Ministerial) Regulation (AR 56/2009) is amended by this
Regulation.
Section 1 is amended by adding the following after
clause (c):
(
d) Alberta Livestock and Meat Agency Ltd.
--------------------------------
Alberta Regulation 165/2009
Traffic Safety Act
VEHICLE EQUIPMENT AMENDMENT REGULATION
Filed: June 15, 2009
For information only: Made by the Minister of Transportation (M.O. 15/09) on June
15, 2009 pursuant to
section 81 of the Traffic Safety Act.
1 The Vehicle Equipment Regulation (AR 122/2009) is
amended by this Regulation.
2 The following is added after
section 79:
Armoured vehicles
79.1 A person shall not drive or operate a motor vehicle that has
been constructed or modified so that it protects its occupants from
firearms or explosive devices if the motor vehicle, as a result of the
construction or modification, is unsafe to operate or does not meet
the other requirements of this Regulation.
Section 115 is amended by adding "section 79.1" after
"section 79(1), (2), (3) and (6)".