Alberta Gazette — 31 December (ii)
1231 ii
Alberta — Gazette
THE ALBERTA GAZETTE,
PART II, DECEMBER 31, 1998
Alberta Regulation 250/98
School Act
STUDENT TRANSPORATION REGULATION
Filed: December 1, 1998
Made by the Minister of Education (M.O. 060/98) pursuant to
section 34(5)
of the School Act.
Table of Contents
Definitions 1
Minimum distance from school 2
Student in need of special education program 3
Student residing outside areas 4
Limit on fee for transportation 5
Repeal 6
Expiry 7
Definitions
1 In this Regulation,
(a) "Act" means the School Act;
(b) "attendance area" means an attendance area established under
section 8 of the Act;
(c) "transportation service area" means the area surrounding a
school in which a board establishes school bus routes by which students may
be transported to and from the site of the school.
Minimum distance from school
2 For the purposes of
section 34(1)(
a) of the Act, a board shall provide
for the transportation of a student to and from the site of the school in
which the board has enrolled the student if the student resides 2.4
kilometres or more from the school.
Student in need of special education program
3 If a student is entitled to a special education program under
section
29 of the Act but does not reside in the attendance area for a school that
provides a special education program that is suitable for the student, the
board of which the student is a resident student shall provide for the
transportation of the student to and from the site of the school that
provides the special education program in which the board enrolls the
student.
Student residing outside areas
4(1) If a student is enrolled in a school pursuant to
section 28(3) of the
Act but does not reside in the attendance area or the transportation
service area for that school, the student or the parent of the student
shall provide for the transportation of the student
(
a) to and from the site of the school, or
(
b) to and from a school bus route in the transportation service
area for that school.
(2) If a student or the parent of a student chooses to provide
transportation in accordance with subsection (1)(b), the board that
enrolled the student in the school shall provide for the transportation of
the student between the site of the school and a point nearest to the
student's residence on a school bus route in the transportation service
area for that school.
(3) Subsection (2) does not apply unless there is a seat available for
that student on the school bus after the students referred to in
section
34(1) of the Act are accommodated on that school bus.
Limit on fee for transportation
5(1) Any fee charged under
section 34(3) of the Act respecting the
transportation of students in accordance with
section 34(1) of the Act and
this Regulation shall not be more than the difference between
(
a) the estimated cost to the board of transporting those students,
and
(
b) the funding received by the board under the School Grants
Regulation (AR 72/95) in respect of the transportation of those students.
(2) A fee charged under
section 34(3) of the Act respecting the
transportation of students other than those referred to in subsection
(1) shall not be more than the estimated cost to the board of transporting
those students.
(3) The basis for the fee referred to in subsections (1) and (2) must be
in accordance with a policy established by the board.
(4) Any surplus from fees charged under subsections (1) and (2) must be
used to subsidize the cost of transportation of students referred to in
those subsections respectively in the next 2 school years.
Repeal
6 The Student Transportation Regulation (AR 218/95) is repealed.
Expiry
7 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be re-passed
in its present or an amended form following a review, this Regulation
expires on November 30, 2000.
Alberta Regulation 251/98
Parentage and Maintenance Act
PARENTAGE AND MAINTENANCE REGULATION
Filed: December 2, 1998
Made by the Lieutenant Governor in Council (O.C. 505/98) pursuant to
section 24 of the Parentage and Maintenance Act.
Forms
1 The forms set out in the
Schedule are prescribed as the forms for the
purposes of the Parentage and Maintenance Act.
Transitional provision
2 Notwithstanding
section 1, with respect to proceedings commenced
before, or to be commenced within 3 months after, the commencement of this
Regulation, either the forms prescribed by
section 1 or those prescribed
by the Parentage and Maintenance Regulation (AR 376/90), as it read
immediately before its repeal, may be used.
Repeal
3 The Parentage and Maintenance Regulation (AR 376/90) is repealed.
Expiry
4 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be repassed in
its present or an amended form following a review, this Regulation expires
on December 31, 2003.
SCHEDULE
(Section 24(
c) of the Act)
FORM 1
(Sections 7, 15 and 16 of the Act)
IN THE COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL DISTRICT OF
IN THE MATTER OF THE PARENTAGE
AND MAINTENANCE ACT
BETWEEN:
, Applicant
- and -
, Respondent
A F F I D A V I T
I, (applicant's name) , of (applicant's address) , make
oath and say that:
1 I am a parent
a child
a person who has the care and control of a
child
(check the appropriate box)
as referred to in
section 7(2) of the Parentage and Maintenance Act, the
child being the person referred to in paragraph 2.
2 (
a) The Respondent is or is believed to be a parent of (name of
child) , born on or about Y / M / D , at (place of birth) .
(
b) The Respondent caused or is believed to have caused the
pregnancy of (name of mother) , whereby a child is expected to be born on
or about Y / M / D .
3 I make this affidavit in support of my application for an order under
sections 7, 15 and 16 of the Parentage and Maintenance Act.
SWORN before me at , )
Alberta, this day of )
, (year) )
) Applicant
Commissioner for Oaths )
in and for the Province of Alberta)
FORM 2
(Sections 7, 15 and 16 of the Act)
IN THE COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL DISTRICT OF
IN THE MATTER OF THE PARENTAGE
AND MAINTENANCE ACT AND THE
SOCIAL DEVELOPMENT ACT
BETWEEN:
, Applicant
- and -
, Respondent
AFFIDAVIT OF DIRECTOR/DELEGATE
I, , of , Alberta, make oath and say that:
1 I am the Director responsible for the Parentage and Maintenance Act.
1 The Director responsible for the Parentage and Maintenance Act has
delegated to me the authority under
section 3 of that Act to make this
application on behalf of the Government.
2 (name of parent) receives a social allowance. I am bringing this
application in (receiving parent'
s) name as provided for in
section
14 of the Social Development Act.
3 (a) (name of parent) has informed me that he/she believes that
the Respondent is a parent of (name of child) , born on or about Y /
M / D , at (place of birth) .
(b) (name of mother) has informed me that she believes the
Respondent caused her pregnancy, whereby a child is expected to be born on
or about Y / M / D .
4 I make this affidavit in support of my application for an order under
sections 7, 15 and 16 of the Parentage and Maintenance Act.
SWORN before me at , )
Alberta, this day of )
, (year) )
Commissioner for Oaths )
in and for the Province of Alberta)
FORM 3
(Section 9 of the Act)
IN THE COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL DISTRICT OF
IN THE MATTER OF THE PARENTAGE
AND MAINTENANCE ACT AND THE
SOCIAL DEVELOPMENT ACT*
BETWEEN:
, Applicant
- and -
, Respondent
SUMMONS TO RESPONDENT
WHEREAS the Applicant has applied for an order in accordance with the
Parentage and Maintenance Act by filing an affidavit alleging that:
(
a) You are or are believed to be a parent of (name of child) ,
born on or about Y / M / D , at (place of birth)
(
b) You caused or are believed to have caused the pregnancy of
(name of mother) , whereby a child is expected to be born on or about Y
/ M / D .
YOU ARE THEREFORE COMMANDED to appear on Y / M / D , at
o'clock in the noon before the Court of Queen's Bench at (address
of court house) , Alberta, and to attend at any other time required by the
Court, to show cause why an order under sections 7, 15 and 16 of the
Parentage and Maintenance Act declaring that you are a parent for the
purposes of the Act and directing payment of maintenance, expenses and
costs specified in the Act should not be made against you.
SHOULD YOU FAIL TO APPEAR in accordance with this summons without offering
a reasonable excuse, a warrant may be issued for your arrest, or the Court,
after hearing the evidence presented to it, may make any order that it
could have made if you had appeared at the hearing. This may include an
order FOR MAINTENANCE AND OTHER EXPENSES in the amount of $ or
any other amount the Court considers appropriate.
DATED Y / M / D at , Alberta.
Justice of the Court of Queen's Bench/
Clerk of the Court
*Delete reference to the Social Development Act unless the Applicant is the
Director or the Director's delegate exercising subrogation rights given by
that Act.
FORM 4
(Section 9(5) of the Act)
IN THE COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL DISTRICT OF
WARRANT FOR ARREST
To all the Peace Officers of Alberta:
This warrant is issued for the arrest of , of the of
in the of , the Respondent in an
application under the Parentage and Maintenance Act.
WHEREAS:
the Respondent failed to attend court in accordance with the summons
served on the Respondent and has offered no reasonable excuse for the
failure;
a recognizance was entered into by the Respondent and the Respondent
failed to attend court in accordance with the recognizance;
it appears that a summons cannot be served because the Respondent is
evading service;
other (specify) .
THIS IS THEREFORE TO COMMAND YOU, in Her Majesty's name, forthwith to
arrest the Respondent and to bring the Respondent before the Court or a
Justice of the Peace, to be dealt with according to law.
DATED Y / M / D at , Alberta.
Justice of the Court of Queen's Bench/
Clerk of the Court
FORM 5
MAINTENANCE AGREEMENT
This Agreement is made pursuant to
section 6 of the Parentage and
Maintenance Act
BETWEEN:
, the Recipient
- and -
, the Payer
(Delete inappropriate paragraphs.)
acknowledges that he (is/may be) the father
of (name(
s) of child(ren)) (born/expected to be born) to (name of
mother) on or about Y / M / D .
IT IS AGREED THAT:
1 (Standard Child Support Payment Clause)
The Payer shall pay to the Recipient the sum of $_________ per month,
for the maintenance of the child(ren) (name(
s) of child(ren)), on the
first day of each month, commencing ____________1, (year) .
2 (Add-on for Additional Expenses)
The Payer shall pay to the Recipient the sum of $_________ per month,
for additional expenses for the child(ren), on the first day of each
month, commencing __________1, (year) , allocated as follows:
Child Add-on Nature of Percentage of
Amount Add-on Total
____________ _____________ _________________
____________ _____________ _________________
3 (Medical and Dental Coverage)
The Payer shall provide medical and dental insurance coverage for the
child(ren).
4 (Expenses Resulting from Pregnancy)
The Payer shall pay to the Recipient, for expenses referred to in
section 6(2)(
a) of the Act incurred as a result of the pregnancy of the
child(ren)'s mother, the sum of (Dollars) ($ ), payable as follows:
(
a) the monthly or periodic sum of (Dollars) ($ ), to be paid
on Y / M / D and thereafter on the day of each month.
(
b) a single payment, to be paid on or before Y / M / D , in
full and final settlement of all claims or demands that may be made against
the Payer for payment of those expenses.
5 (Director's Costs)
The Payer shall pay to the Director under the Parentage and
Maintenance Act, for expenses incurred by the Director for the purpose of
determining parentage, the sum of (Dollars) ($ ), payable as
follows:
(
a) the monthly or periodic sum of (Dollars) ($ ), to be
paid on Y / M / D and thereafter on the day of each
month.
(
b) a single payment, to be paid on or before Y / M / D , in
full and final settlement of all claims or demands that may be made against
the Payer for payment of the expenses incurred as a result of determining
parentage of the child(ren).
6 (Transfer of Maintenance)
Monthly payments for the maintenance of the child(ren) are to
continue to be made to any person who assumes the care and control of the
child(ren) even though that person is not a party to this Agreement if that
person, within 30 days of assuming the care and control of the child(ren),
notifies the Director of Maintenance Enforcement by registered mail of the
change in care and control.
7 (Enforcement by Director of Maintenance Enforcement)
Where this Agreement is filed with the Director of Maintenance
Enforcement, the payments made under this Agreement shall be made to the
Director of Maintenance Enforcement pursuant to the Maintenance Enforcement
Act.
8 (Determination of Incomes)
The Payer is determined as having a child support guideline income of
$ and the Recipient is determined as having a child support
guideline income of $ .
9 This Agreement is entered into Y / M / D at ,
Alberta.
10 This Agreement varies and replaces the Agreement made between
and on Y / M / D .
Y / M / D Y / M / D
Recipient Payer
Y / M / D Y / M / D
Witness Witness
AFFIDAVIT OF EXECUTION
My name is (name of witness) .
My address is (address) .
I make oath and say that I witnessed (the Recipient) sign the
Maintenance Agreement.
SWORN before me at , )
Alberta, this day of )
, (year) )
) Witness
Commissioner for Oaths )
in and for the Province of Alberta)
AFFIDAVIT OF EXECUTION
My name is (name of witness) .
My address is (address) .
I make oath and say that I witnessed (the Payer) sign the
Maintenance Agreement.
SWORN before me at , )
Alberta, this day of )
, (year) )
) Witness
Commissioner for Oaths )
in and for the Province of Alberta)
FORM 6
IN THE COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL DISTRICT OF
IN THE MATTER OF THE PARENTAGE
AND MAINTENANCE ACT AND THE
SOCIAL DEVELOPMENT ACT*
BETWEEN:
, Applicant
- and -
, Respondent
SUMMONS TO WITNESS
TO of , Alberta.
WHEREAS the
Applicant has applied for an order in accordance with the Parentage and
Maintenance Act by filing an affidavit alleging that , the
Respondent, of in the of ,
is or is believed to be a parent of , born on or about
Y / M / D , at in the of ,
caused or is believed to have caused the pregnancy of (name of mother) ,
whereby a child is expected to be born on or about Y / M / D , and
it appears that you may be able to give material evidence for the
Applicant/Respondent in the matter.
YOU ARE THEREFORE COMMANDED to appear on Y / M / D at
o'clock in the noon before the Court of Queen's
Bench at (address of court house) , Alberta, to give evidence in this
matter.
Dated Y / M / D at , Alberta.
Justice of the Court of Queen's Bench/
Clerk of the Court
AFFIDAVIT OF SERVICE
I, , of , Alberta, make oath and say that:
I did on Y / M / D personally serve with a
true copy of the Summons attached to this affidavit by leaving the copy
with at (address) , Alberta.
SWORN before me at , )
Alberta, this day of )
, (year) )
Commissioner for Oaths )
in and for the Province of Alberta)
* Delete reference to the Social Development Act unless the Applicant is
the Director or the Director's delegate exercising subrogation rights given
by that Act.
Delete whichever is inapplicable.
Alberta Regulation 252/98
Government Organization Act
ENERGY GRANT AMENDMENT REGULATION
Filed: December 2, 1998
Made by the Lieutenant Governor in Council (O.C. 509/98) pursuant to
section 13 of the Government Organization Act.
1 The Energy Grant Regulation (AR 309/86) is amended by this Regulation.
2 The following is added after
section 2:
Grant application
2.1 An application for a grant must be in the form prescribed by
the Minister and must contain the following information:
(
a) the name and address of the applicant, and if the
applicant is a corporation, the names and positions within the corporation
of the persons signing the application;
(
b) the date of the application;
(
c) a concise description of the purpose of the
application and sufficient information to allow the Minister to determine
if the grant will be used for a purpose described in a Schedule;
(
d) the proposed date of commencement and estimated
date of completion of the project;
(
e) the proposed form of reporting results;
(
f) an estimate of the amount of money required under
the grant, and if the grant is to provide only a portion of the total
amount of money required, an estimate of the total amount required;
(
g) details of any other applications for grants made
to any other department or agency of the Government either separately or in
conjunction with an application under this Regulation;
(
h) details of any other financial assistance applied
for and the source or sources of that assistance;
(
i) any other information requested by the Minister in
the form prescribed by the Minister.
Section 3 is amended by adding "and the Minister may require an
applicant for a grant under this Regulation to enter into an agreement with
respect to any matter relating to the payment of the grant" after "of a
grant".
Section 5 is amended
(
a) by adding "only" after "use the grant";
(
b) in clause (
a) by striking out "only" and substituting
"described in a
Schedule and".
Schedule 1 is amended by repealing
section 3.
6 The following is added after
Schedule 1:
SCHEDULE 2
RURAL GAS GRANTS
1 In this Schedule,
(a) "distributor" means the owner of a rural gas
utility;
(b) "franchise area" means the area of land in Alberta
that is described in a franchise area approval issued under the Gas
Distribution Act;
(c) "rural gas utility" means a system of pipelines
used for the supply, transmission, distribution and delivery of gas to
consumers in a franchise area.
2 The Minister may make grants pursuant to this
Schedule for the
following purposes:
(
a) to undertake studies related to the design,
technical standards, construction, operation or safety of rural gas
utilities;
(
b) to develop, construct, improve, replace and rebuild
rural gas utilities;
(
c) to assist, in whole or in part, in the cost of any
activity that, in the opinion of the Minister, is of benefit to the overall
natural gas supply and service needs of rural Albertans.
3 The following are eligible to apply for a grant under this
Schedule:
(
a) a distributor;
(
b) a person or organization that, in the opinion of
the Minister, contributes to the development of rural gas utilities or that
is engaged or intends to engage in the supply and delivery of natural gas
to rural Albertans.
SCHEDULE 3
RURAL ELECTRIFICATION GRANTS
1 In this Schedule,
(a) "association" means an association under the Rural
Utilities Act that has as its principal object the supplying of electricity
to its members;
(b) "rural electrification system" means the poles,
lines, conduits and structures for the supply, transmission, distribution
and delivery of electrical power in rural areas of Alberta.
2 The Minister may make grants pursuant to this
Schedule for the
following purposes:
(
a) to undertake studies related to the development of
rural electrification systems;
(
b) to develop, construct, improve, replace and rebuild
rural electrification systems;
(
c) to assist, in whole or in part, in the cost of any
activity that, in the opinion of the Minister, is of benefit to the overall
electrical power supply and service needs of rural Albertans.
3 The following are eligible to apply for a grant under this
Schedule:
(
a) an association;
(
b) a person or organization that, in the opinion of
the Minister, contributes to the development of rural electrification
systems or that is engaged or intends to engage in the supply and delivery
of electrical power to rural Albertans.
Alberta Regulation 253/98
Public Sector Pension Plans Act
LOCAL AUTHORITIES PENSION PLAN AMENDMENT REGULATION
Filed: December 9, 1998
Made by the Lieutenant Governor in Council (O.C. 511/98) pursuant to
Schedule 1,
section 4 of the Public Sector Pension Plans Act.
1 The Local Authorities Pension Plan (AR 366/93) is amended by this
Regulation.
Section 105(3) is amended by striking out everything from "calculated
on the basis of" to the end and substituting "equal to the nominal interest
rate per annum, compounded annually, used in the calculation of actuarial
reserve amounts".
------------------------------
Alberta Regulation 254/98
Public Sector Pension Plans Act
MANAGEMENT EMPLOYEES PENSION PLAN
AMENDMENT REGULATION
Filed: December 9, 1998
Made by the Lieutenant Governor in Council (O.C. 512/98) pursuant to
Schedule 5,
section 4 of the Public Sector Pension Plans Act.
1 The Management Employees Pension Plan (AR 367/93) is amended by this
Regulation.
Section 105(3) is amended by striking out everything from "calculated
on the basis of" to the end and substituting "equal to the nominal interest
rate per annum, compounded annually, used in the calculation of actuarial
reserve amounts".
Alberta Regulation 255/98
Public Sector Pension Plans Act
PUBLIC SERVICE PENSION PLAN AMENDMENT REGULATION
Filed: December 9, 1998
Made by the Lieutenant Governor in Council (O.C. 513/98) pursuant to
Schedule 2,
section 4 of the Public Sector Pension Plans Act.
1 The Public Service Pension Plan (AR 368/93) is amended by this
Regulation.
Section 105(3) is amended by striking out everything from "calculated
on the basis of" to the end and substituting "equal to the nominal interest
rate per annum, compounded annually, used in the calculation of actuarial
reserve amounts".
------------------------------
Alberta Regulation 256/98
Public Sector Pension Plans Act
SPECIAL FORCES PENSION PLAN AMENDMENT REGULATION
Filed: December 9, 1998
Made by the Lieutenant Governor in Council (O.C. 514/98) pursuant to
Schedule 4,
section 4 of the Public Sector Pension Plans Act.
1 The Special Forces Pension Plan (AR 369/93) is amended by this
Regulation.
Section 105(3) is amended by striking out everything from "calculated
on the basis of" to the end and substituting "equal to the nominal interest
rate per annum, compounded annually, used in the calculation of actuarial
reserve amounts".
Alberta Regulation 257/98
Public Sector Pension Plans Act
SPECIAL FORCES PENSION PLAN AMENDMENT REGULATION
Filed: December 9, 1998
Made by the Lieutenant Governor in Council (O.C. 515/98) pursuant to
Schedule 4,
section 4 of the Public Sector Pension Plans Act.
1 The Special Forces Pension Plan (AR 369/93) is amended by this
Regulation.
Section 4(1) is amended by adding "or" at the end of clause (c), by
striking out ", or" at the end of clause (
d) and by repealing clause (e).
3 This Regulation comes into force on December 31, 1998.
------------------------------
Alberta Regulation 258/98
Public Sector Pension Plans Act
UNIVERSITIES ACADEMIC PENSION PLAN
AMENDMENT REGULATION
Filed: December 9, 1998
Made by the Lieutenant Governor in Council (O.C. 516/98) pursuant to
Schedule 3,
section 4 of the Public Sector Pension Plans Act.
1 The Universities Academic Pension Plan (AR 370/93) is amended by this
Regulation.
Section 105(3) is amended by striking out everything from "calculated
on the basis of" to the end and substituting "equal to the nominal interest
rate per annum, compounded annually, used in the calculation of actuarial
reserve amounts".
Alberta Regulation 259/98
Municipal Government Act
ATHABASCA REGIONAL WASTE MANAGEMENT
SERVICES COMMISSION REGULATION
Filed: December 9, 1998
Made by the Lieutenant Governor in Council (O.C. 518/98) pursuant to
section 602.02 of the Municipal Government Act.
Table of Contents
Establishment 1
Members 2
Services 3
Operating deficits 4
Sale of property 5
Profit and surpluses 6
Establishment
1 A regional services commission known as the Athabasca Regional Waste
Management Services Commission is established.
Members
2 The following municipalities are members of the Commission:
(
a) The County of Athabasca No. 12;
(
b) Town of Athabasca;
(
c) Municipal District of Lesser Slave River No. 124.
Services
3 The Commission is authorized to provide solid waste management
services.
Operating deficits
4 The Commission may not assume operating deficits that are shown on the
books of any of the member municipalities.
Sale of property
5(1) The Commission may not, without the approval of the Minister, sell
any of its land, buildings or personal property whose purchase has been
funded wholly or partly by grants from the Government of Alberta.
(2) The Minister may not approve a sale under subsection (1) unless the
Minister is satisfied
(
a) as to the repayment of grants from the Government of Alberta
and outstanding debt associated with that portion of the land, buildings
and personal property to be sold,
(
b) that the sale would not have a significant adverse effect on
the services the Commission provides, and
(
c) that the sale will be properly reflected in the rates
subsequently charged to the customers of the Commission.
Profit and surpluses
6(1) Unless otherwise approved by the Minister, the Commission must not
(
a) operate for the purposes of making a profit, or
(
b) distribute any of its surpluses to its member municipalities.
(2) The Minister's approval may contain any terms or conditions that the
Minister considers appropriate.
------------------------------
Alberta Regulation 260/98
Municipal Government Act
CAPITAL REGION ASSESSMENT SERVICES
COMMISSION AMENDMENT REGULATION
Filed: December 9, 1998
Made by the Lieutenant Governor in Council (O.C. 519/98) pursuant to
section 602.02 of the Municipal Government Act.
1 The Capital Region Assessment Services Commission Regulation (AR 77/96)
is amended by this Regulation.
2 The
Schedule is amended by striking out the following:
The Summer Village of Alberta Beach
The Summer Village of Bondiss
The Summer Village of Castle Island
The Summer Village of South View
The Summer Village of Sunset Point
The Summer Village of Val Quentin
The Summer Village of West Cove
The Summer Village of Yellowstone
Alberta Regulation 261/98
Municipal Government Act
BUSINESS ASSESSMENT REGULATION
Filed: December 9, 1998
Made by the Lieutenant Governor in Council (O.C. 520/98) pursuant to
section 603 of the Municipal Government Act.
Net annual rental value
1 A municipality's business tax bylaw under
section 374 of the Municipal
Government Act may
(
a) specify that one of the methods of assessment of a business is
an assessment based on a percentage of the net annual rental value of the
premises, and
(
b) specify the basis on which a business tax may be imposed by
prescribing, for the assessment method referred to in clause (a), the
percentage of the net annual rental value.
Application
Section 1 applies to business tax bylaws that are passed in 1999 and
later years.
------------------------------
Alberta Regulation 262/98
Mental Health Act
MENTAL HEALTH AMENDMENT REGULATION
Filed: December 9, 1998
Made by the Lieutenant Governor in Council (O.C. 522/98) pursuant to
section 53 of the Mental Health Act.
1 The Mental Health Regulation (AR 309/89) is amended by this Regulation.
Section 2(1) is amended
(
a) in clause (
c) by striking out "Bow Valley Centre and";
(
b) by adding the following after clause (o):
(
p) Claresholm Care Centre.
Section 4(1)(
b) is repealed.
Alberta Regulation 263/98
Government Organization Act
DESIGNATION AND TRANSFER OF RESPONSIBILITY
AMENDMENT REGULATION
Filed: December 9, 1998
Made by the Lieutenant Governor in Council (O.C. 523/98) pursuant to
section 16 of the Government Organization Act.
1 The Designation and Transfer of Responsibility Regulation (AR 398/94) is
amended by this Regulation.
Section 21 is amended by renumbering it as
section 21(1) and adding the
following after subsection (1):
(2) The Minister of Public Works, Supply and Services is designated
as the Minister responsible for the Protection from Second-hand Smoke in
Public Buildings Act.
------------------------------
Alberta Regulation 264/98
Canadian Airlines Corporation Act
CANADIAN OWNERSHIP REGULATION
Filed: December 9, 1998
Made by the Lieutenant Governor in Council (O.C. 530/98) pursuant to
section 16 of the Canadian Airlines Corporation Act.
Table of Contents
Interpretation 1
Beneficial owner 2
Limitation on holding by non-Canadians 3
Underwriters and intermediaries 4
Pro rata representation 5
Refusal to register 6
Notice to convert or sell voting shares 7
Requirement of Corporation to convert 8
Alternative remedies for non-compliance 9
Conversion of voting shares 10
Redemption of voting shares 11
Sale of voting shares 12
Request for information 13
Judicial remedies 14
Reliance by the Corporation 15
Repeal 16
Expiry 17
Interpretation
1(1) In this Regulation,
(a) "Act" means the Canadian Airlines Corporation Act;
(b) "articles" has the meaning given to it in the Business
Corporations Act;
(c) "Canadian" has the meaning given to it in the Canada
Transportation Act (Canada);
(d) "conversion election notice" means a notice given by a
registered holder to the Corporation pursuant to
section 7(2)(c)(
i) or
(iii);
(e) "Corporation" means Canadian Airlines Corporation;
(f) "excess voting shares" means the voting shares specified in a
notice given by the Corporation pursuant to
section 7(1)(
b) as the voting
shares to which the notice relates;
(g) "non-Canadian" means a person who is not a Canadian;
(h) "principal stock exchange" means the stock exchange in Canada
designated by the Board as the principal stock exchange for the
Corporation;
(i) "registered holder" means a person who is registered on the
securities register of the Corporation as the owner of voting shares;
(j) "voting share" means a share of the Corporation that, subject
to the Act and this Regulation, carries the right under all circumstances
to vote on a resolution electing all or any of the directors of the
Corporation.
(2) The expressions "shareholder" and "voting share", as defined in the
Act, do not apply to this Regulation.
(3) If
(
a) the Governor in Council, by a regulation made pursuant to the
definition of "Canadian" in the Canada Transportation Act (Canada),
specifies a percentage of less than 75%, or
(
b) the definition of "Canadian" in the Canada Transportation Act
(Canada) is amended to change the reference to 75% in the definition to
some other percentage,
the references in sections 3(1) and 5(1) to 25% are then deemed to refer to
a percentage determined by subtracting from 100% the lesser percentage or
other percentage, as the case may be.
(4) If the name of the Corporation is changed in accordance with
section
13(1)(
b) of the Act, the reference to "Canadian Airlines Corporation" in
section 1(1)(
e) is to be construed as a reference to the Corporation by its
new name.
Beneficial owner
2(1) For the purposes of this Regulation, a person is the beneficial owner
of voting shares if
(
a) that person is the registered holder of the shares and
(
i) also beneficially owns the shares, or
(ii) does not beneficially own the shares but has the
power, whether or not exercised, to sell or direct the sale of the
beneficial ownership in the shares without being under an obligation to
obtain consent or directions from any other person respecting the sale,
(
b) that person is not the registered holder of the shares but has
the power, whether or not exercised, to sell or direct the sale of the
beneficial ownership in the shares without being under an obligation to
obtain consent or directions from any other person respecting the sale,
whether or not that person also beneficially owns the shares.
(2) Notwithstanding subsection (1), if voting shares are held by a person
as security only pursuant to an agreement or arrangement under which that
person has the right to sell or to direct the sale of the shares without
being under an obligation to obtain consent or directions in respect of the
sale from the person who would be the beneficial owner of the shares in the
absence of the agreement or arrangement, then, for the purposes of this
Regulation,
(
a) the beneficial owner of the shares does not cease to be their
beneficial owner by reason only of the agreement or arrangement, and
(
b) the person holding the shares as security only does not become
the beneficial owner of the shares by reason only of the agreement or
arrangement.
(3) Notwithstanding subsection (1), a person does not cease to be the
beneficial owner of voting shares by reason only that the shares cannot be
sold without obtaining consent or directions from a court or public body or
public official in respect of the sale.
Limitation on holding by non-Canadians
3(1) The number of voting shares that may be held by non-Canadians as
beneficial owners must not exceed in the aggregate 25% of the total number
of issued and outstanding voting shares.
(2) For the purposes of this Regulation, if
(
a) voting shares are held jointly by 2 or more persons as
beneficial owners, and
(
b) one or more of the joint holders is a non-Canadian,
the voting shares are deemed to be held by a non-Canadian as the beneficial
owner of the shares.
(3) In the case of the subscription for shares of the Corporation
pursuant to an offer of voting shares by way of
(
a) rights granted by the Corporation to registered holders to
purchase additional voting shares, or
(
b) a distribution of voting shares to the public,
the Corporation may, for the purposes of this section, count all of the
unissued voting shares included in the offer as voting shares issued and
outstanding until the offer has terminated.
(4) Subsection (3) does not apply if the offer exceeds 120 days in
duration.
Underwriters and intermediaries
4(1)
Section 3(1) does not apply to
(
a) a person acting as an underwriter in connection with a
distribution of voting shares during the period commencing on the
commencement date of that distribution and ending on the date of completion
of that distribution or 120 days after the commencement date of that
distribution, whichever occurs first, or
(
b) a person who provides centralized facilities for the clearing
of trades in securities and is acting in relation to trades in voting
shares solely as an intermediary in the payment of funds or the delivery of
securities, or both.
(2) A person referred to in subsection (1)(
a) must not exercise the voting
rights attached to the voting shares so held by him during the period
mentioned in that subsection.
(3) In this section, "distribution" and "underwriter" have the meanings
given to them in the Securities Act.
Pro rata representation
5(1) When, on a motion made at a meeting of shareholders of the
Corporation, more than 25% of the votes cast, in person or by proxy, have
been cast in respect of voting shares held by non-Canadians as beneficial
owners, the votes cast in respect of the voting shares so held must be
reduced on a pro rata basis to the extent necessary to ensure that the
total number of those votes equals 25% of the total number of votes cast on
the motion.
(2) For the purposes of subsection (1), when a non-Canadian
(
a) holds voting shares as security only, and
(
b) either has the right to vote the shares without obtaining
voting instructions or the right to give voting instructions in respect of
the shares,
the shares are deemed to be held by the non-Canadian as the beneficial
owner of the shares.
Refusal to register
6 When the Corporation determines that a contravention of
section 3 would
result, the Corporation must not
(
a) issue any of its voting shares, or
(
b) register or otherwise recognize the transfer of any of its
voting shares.
Notice to convert or sell voting shares
7(1) Where voting shares are held in contravention of
section 3, the
Corporation may
(
a) determine the number of voting shares held in excess of the
percentage limit in
section 3, and
(
b) give notices under this
section to registered holders chosen
pursuant to subsection (3) for the purpose of eliminating the contravention
section 3.
(2) A notice under subsection (1)(
b) must
(
a) be given to a registered holder only in respect of voting
shares held by non-Canadians as beneficial owners,
(
b) specify the number of voting shares to which the notice
relates, and
(
c) direct the registered holder to whom it is given to do one of
the following within the period prescribed in the notice:
(
i) give a written notice to the Corporation stating
that the holder elects to have all of the holder's excess voting shares
converted into shares of another class pursuant to
section 8,
(ii) dispose or arrange for the disposition of all of
the holder's excess voting shares so that they will be held by Canadians as
beneficial owners, or
(iii) give a written notice to the Corporation stating
that the holder elects to have a specified number of the holder's excess
voting shares converted into shares of another class pursuant to
section 8
and to dispose or arrange for the disposition of the remaining excess
voting shares so that they will be held by Canadians as beneficial owners.
(3) Notices under subsection (1)(
b) must be given to registered holders of
voting shares held by non-Canadians as beneficial owners who are chosen by
the Corporation according to the length of time voting shares have been
held by non-Canadians as beneficial owners, with the notices being given to
registered holders of voting shares so held for the shortest period of time
before notices are given to registered holders of other voting shares so
held for a longer time.
(4) A notice under subsection (1)(b)
(
a) may be given by personal service or by courier delivery or mail
addressed to the registered holder at the holder's last known address
according to the records of the Corporation or its registrar and transfer
agent, and
(
b) must prescribe a period of not less than 60 days from the time
the notice is given as the period within which the registered holder must
comply with subsection (2)(c)(i), (ii) or (iii).
(5) A notice sent by courier delivery or mail in accordance with
subsection (4)(
a) is deemed to be given at the time it is delivered to the
courier or deposited in the mail, as the case may be, unless
(
a) there are reasonable grounds for believing that the registered
holder did not receive the notice, and
(
b) information about the current address of the registered holder
comes to the attention of the Corporation prior to the expiration of the
notice period referred to in subsection (4)(
b) and the current address is
different from the last known address to which the notice was sent.
(6) A conversion election notice
(
a) may be given by personal service or by courier delivery or
registered mail addressed to the Corporation at its registered office, and
(
b) must be given within the period prescribed in the notice given
under subsection (1)(b).
(7) A conversion election notice sent by courier delivery or registered
mail in accordance with subsection (6) is deemed to be given at the time it
is received by the Corporation.
Requirement of Corporation to convert
8 Where
(
a) the registered holder of excess voting shares gives a
conversion election notice to the Corporation in respect of all or a
specified number of those shares within the period prescribed by the notice
given under
section 7(1)(b), and
(
b) voting shares are then held in contravention of
section 3,
the Corporation must convert the excess voting shares to which the
conversion election notice relates into shares of another class of the
Corporation in accordance with
section 10 and the articles of the
Corporation by making the necessary changes in the securities register of
the Corporation.
Alternative remedies for non-compliance
9 Where the Corporation has not received written evidence satisfactory to
it that a notice given under
section 7(1)(
b) to a registered holder has
been complied with within the period prescribed by the notice, and voting
shares are then held in contravention of
section 3, the Corporation may,
with respect to all or any of the registered holder's excess voting shares
not converted pursuant to
section 8,
(
a) convert them into shares of another class of the Corporation in
accordance with
section 10 and the articles of the Corporation by making
the necessary changes in the securities register of the Corporation,
(
b) redeem them for cancellation by making the necessary changes in
the securities register of the Corporation, or
(
c) sell them on behalf of the registered holder on the principal
stock exchange at the prevailing market price.
Conversion of voting shares
10(1) Excess voting shares that are converted by the Corporation pursuant
section 8 or 9(
a) must be converted into shares of a class that rank
equally, share for share, with voting shares with respect to the payment of
dividends and the distribution of the remaining property of the Corporation
on dissolution.
(2) Where excess voting shares are converted pursuant to
section 8 or
9(a), the Corporation must as soon as practicable give a notice of
conversion to the registered holder of those shares.
(3) On the conversion of excess voting shares pursuant to
section 8 or
9(a), the rights of the registered holder and any beneficial owners of them
cease except the right of a registered holder to receive a certificate
representing the shares into which they have been converted on presentation
and surrender of the certificate representing the excess voting shares so
converted.
(4) A notice of conversion under subsection (2) may be given by personal
service or by courier delivery or mail addressed to the registered holder
at the holder's last known address according to the records of the
Corporation or its registrar and transfer agent.
(5) A notice of conversion sent by courier delivery or mail in accordance
with subsection (4) is deemed to be given at the time it is delivered to
the courier or deposited in the mail, as the case may be.
(6) The Corporation is not bound to see to the execution of any trust,
whether express, implied or constructive, in respect of excess voting
shares converted under this section, and the Corporation is not estopped by
any certificates outstanding in respect of excess voting shares converted
under this section.
Redemption of voting shares
11(1) Where excess voting shares are redeemed pursuant to
section 9(b),
the Corporation must as soon as practicable
(
a) deposit the amount of the redemption price of those shares,
less the amount of any tax that the Corporation is required to withhold due
to the redemption of those shares, in a special trust account with a bank,
treasury branch, credit union or trust corporation in trust for the person
entitled to receive the amount deposited, and
(
b) give to the registered holder of those shares a notice of
redemption and a statement showing the amount deposited pursuant to clause
(
a) and how the amount was determined.
(2) On the redemption of excess voting shares pursuant to
section 9(b),
the rights of the registered holder and any beneficial owners of them cease
except the right of a registered holder to receive the amount deposited
pursuant to subsection (1)(a), without interest, on presentation and
surrender of the certificate representing the shares.
(3) Any interest payable by the bank, treasury branch, credit union or
trust corporation on the deposit made pursuant to subsection (1)(
a) must be
paid to the Corporation.
(4) A notice of redemption under subsection (1)(
b) may be given by
personal service or by courier delivery or mail addressed to the registered
holder at the holder's last known address according to the records of the
Corporation or its registrar and transfer agent.
(5) A notice of redemption sent by courier delivery or mail in accordance
with subsection (4) is deemed to be given at the time it is delivered to
the courier or deposited in the mail, as the case may be.
(6) The Corporation is not bound to see to the application of the amount
deposited or to the execution of any trust, whether express, implied or
constructive, in respect of excess voting shares redeemed for cancellation
under this section, and the Corporation is not estopped by any certificates
outstanding in respect of excess voting shares redeemed for cancellation
under this section.
(7) The redemption price of excess voting shares for the purposes of this
section is the weighted average price per share of the voting shares on the
principal stock exchange during the 60-day period immediately preceding the
date of the giving of the notice of redemption.
Sale of voting shares
12(1) Where excess voting shares are sold pursuant to
section 9(c), the
Corporation must as soon as practicable
(
a) deposit the amount of the net proceeds of sale of those shares
in a special trust account with a bank, treasury branch, credit union or
trust corporation in trust for the person entitled to receive the amount
deposited, and
(
b) give to the registered holder of those shares a notice of sale
and a statement showing the amount deposited pursuant to clause (
a) and how
the amount was determined.
(2) On the sale of excess voting shares pursuant to
section 9(c), the
rights of the registered holder and any beneficial owners of them cease
except the right of a registered holder to receive the amount deposited
pursuant to subsection (1)(a), without interest, on presentation and
surrender of the certificate representing the shares.
(3) Any interest payable by the bank, treasury branch, credit union or
trust corporation on the deposit made pursuant to subsection (1)(
a) must be
paid to the Corporation.
(4) A notice of sale under subsection (1)(
b) may be given by personal
service or by courier delivery or mail addressed to the registered holder
at the holder's last known address according to the records of the
Corporation or its registrar and transfer agent.
(5) A notice of sale sent by courier delivery or mail in accordance with
subsection (4) is deemed to be given at the time it is delivered to the
courier or deposited in the mail, as the case may be.
(6) The Corporation is not bound to see to the application of the amount
deposited or to the execution of any trust, whether express, implied or
constructive, in respect of excess voting shares sold under this section,
and the Corporation is not estopped by any certificates outstanding in
respect of excess voting shares sold under this section.
(7) The net proceeds of sale of excess voting shares for the purposes of
this
section must be calculated by deducting from the proceeds of sale of
the shares any commission, tax or other cost of sale.
(8) The Corporation is, for the purposes of a sale of excess voting shares
under
section 9(c), the agent and the lawful attorney of the registered
holder and the beneficial owner of the excess voting shares.
Request for information
13(1) At the request of the Corporation, a person must file a
shareholder's declaration with the Corporation or its registrar and
transfer agent if that person
(
a) is or proposes to be a registered holder,
(
b) holds or proposes to hold or is believed by the Corporation to
hold voting shares on behalf of another person, other than as a registered
holder,
(
c) is or proposes to be or is believed by the Corporation to be a
beneficial owner of voting shares,
(
d) subscribes for voting shares,
(
e) requests registration of a transfer of voting shares,
(
f) requests a change in the registration of voting shares, or
(
g) elects to convert or exchange any securities of the Corporation
into or for voting shares.
(2) A person to whom a request is made pursuant to subsection (1) must
file the shareholder's declaration in a form authorized by the Board, and
the shareholder's declaration must contain the information requested by the
Corporation to enable the Corporation to determine whether this Regulation
is being or may be contravened.
(3) Without restricting the Corporation's right to request information,
the information mentioned in subsection (2) may include in respect of any
voting shares
(
a) the name and address of the current or proposed registered
holder of the voting shares,
(
b) the name and address of any person on whose behalf the current
or proposed registered holder or other intermediary holds or is to hold the
voting shares,
(
c) whether the current or proposed beneficial owner of the voting
shares is a non-Canadian,
(
d) the number of voting shares that are or are to be held by the
current or proposed beneficial owner and the date or dates on which that
person acquired or is to acquire his interests, and
(
e) whether any voting shares are or are to be held as security
only.
(4) When
(
a) a shareholder's declaration is requested in respect of voting
shares under this
section by the Corporation from a registered holder or a
beneficial owner or another person for whom the registered holder or other
intermediary has indicated he holds the voting shares, and
(
b) the registered holder, beneficial owner or other person does
not submit to the Corporation a declaration satisfactory to the Corporation
within the time, being not less than 30 days, prescribed in the request,
then, until a declaration satisfactory to the Corporation has been
submitted to it,
(
c) no dividends shall be paid, and no voting rights shall be
exercised, in respect of those voting shares, and
(
d) sections 7, 8, 9, 10, 11, 12 and 14(4) apply to those voting
shares as though they were voting shares held in contravention of section
(5) It is a condition of every transfer of voting shares to be made or
recorded in the securities register of the Corporation and of the issue of
voting shares that the person to whom the shares are being transferred or
issued must submit to the Corporation a declaration if requested pursuant
to subsection (1).
(6) When the Corporation has requested a declaration from a person, other
than a person referred to in
section 4(1)(b), pursuant to subsection (1),
the Corporation must not
(
a) accept any offer to purchase voting shares from that person,
(
b) accept any request from that person to issue voting shares upon
the conversion of securities, or
(
c) allow any transfer of voting shares to be made or recorded in
the name of that person in the securities register of the Corporation,
unless the declaration has been submitted to the Corporation and it appears
from the declaration that a contravention of
section 3 would not result
from the acceptance of the offer to purchase the shares being purchased,
the acceptance of the request to issue shares upon the conversion of
securities or the entry in the securities register of the share transfer,
as the case may be.
Judicial remedies
14(1) A registered holder or beneficial owner of voting shares may apply
to the Court of Queen's Bench for an order under this section.
(2) On application under this section, the Court may, subject to
section
16(2) of the Act, make an order to rectify the contravention complained of
if the Court is satisfied that any directors then holding office were
(
a) elected at an election at which voting shares were voted in
contravention of
section 4, 5 or 13(4), or
(
b) appointed to replace directors elected at an election at which
voting shares were voted in contravention of
section 4, 5 or 13(4).
(3) In connection with an application under this section, the Court may
make any interim or final order it thinks fit, including, without limiting
the generality of the foregoing, any or all of the following:
(
a) an order restraining the Board from exercising any powers
specified in the order;
(
b) an order removing the directors then holding office;
(
c) an order respecting an election of directors and providing for
their terms of office.
(4) On an application under this section, the Court may make an order
directing the Corporation to commence and diligently prosecute proceedings
under
section 7 and, if applicable, under
section 9 in respect of the
voting shares specified in the order.
Reliance by the Corporation
15(1) The Corporation is entitled to assume for the purposes of this
Regulation that the registered holder of any voting shares is also the
beneficial owner of the shares except if the Corporation has evidence to
the contrary by way of
(
a) a statutory declaration or other declaration in a form
authorized by the Board submitted by the registered holder to the
Corporation stating that some other person is the beneficial owner of the
shares and naming that beneficial owner,
(
b) statements made in any declaration submitted to the Corporation
under
section 13, or
(
c) any other information in the possession of the Corporation,
and if the Corporation then has no reasonable grounds to believe that the
evidence is not true.
(2) If the Corporation is of the reasonable opinion, from the securities
register of the Corporation or otherwise, that a person holds as beneficial
owner not more than the lesser of
(a) 0.02% of the total number of issued and outstanding voting
shares, and
(b) 20 000 voting shares,
the Corporation is entitled to assume for the purposes of this Regulation,
unless the address recorded in the securities register for the person is
outside Canada, that the shares will be held by a Canadian as beneficial
owner.
(3) In determining, for the purposes of this Regulation,
(
a) whether voting shares are held in contravention of
section 3,
(
b) whether voting rights were exercised in contravention of
section 4, 5 or 13(4), or
(
c) any other circumstances relevant to the performance of the
duties of the Corporation and the Board under this Regulation,
the Corporation and any director, officer, employee or agent of the
Corporation may rely on statements made in any declaration submitted under
section 13 or subsection (1)(
a) of this
section or may rely on the
knowledge of any director, officer, employee or agent of the circumstances,
and the Corporation and its directors, officers, employees or agents are
not liable in an action for any thing done or omitted by them in good faith
in connection with this Regulation, including any thing done or omitted as
a result of any conclusions made by them on the basis of any such
statements or knowledge.
Repeal
16 The Canadian Ownership Regulation (AR 138/94) is repealed.
Expiry
17 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 December 31, 2003.
ERRATUM
The Designation and Transfer of Responsibility Amendment Regulation as
published in The Alberta Gazette of October 31, 1998 (vol. 94 no. 20 p.
690) was incorrectly numbered as Alberta Regulation 190/89. That
Regulation was filed on October 7, 1998 as Alberta Regulation 190/98.