Alberta Regulation 5/99

Protection of Children Involved in Prostitution Act

PROTECTION OF CHILDREN INVOLVED IN

PROSTITUTION REGULATION

Filed: January 19, 1999

Made by the Minister of Family and Social Services (M.O. 2/99) pursuant to

section 8 of the Protection of Children Involved in Prostitution Act.

Protective safe houses

1 The premises referred to in the

Schedule are prescribed as protective

safe houses for the purposes of the Act.

Assessments

2 An assessment, by a director, of a child confined to a protective safe

house pursuant to

section 2 of the Act must include, but is not restricted

to,

(

a) an assessment of the child's physical and nutritional health,

(

b) an assessment of the child's use of alcohol, drugs and other

intoxicating substances,

(

c) an assessment of the child's risk of self-harm and of engaging

in or attempting to engage in prostitution, and

(

d) an assessment of whether the child is in need of protective

services under the Child Welfare Act.

Expiry

3 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, 2004.

Coming into force

4 This Regulation comes into force on the coming into force of the

Protection of Children Involved in Prostitution Act.

SCHEDULE

The following are protective safe houses for the purposes of the Act:

(

a) Youth Assessment Centre (High Prairie);

(

b) Youth Assessment Centre (Lac La Biche);

(

c) Youth Assessment Centre (Red Deer);

(

d) Yellowhead Youth Centre (Edmonton);

(

e) Woods Homes (Calgary).

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

Alberta Regulation 6/99

Justice of the Peace Act

JUSTICE OF THE PEACE REGULATION

Filed: January 27, 1999

Made by the Lieutenant Governor in Council (O.C. 4/99) pursuant to

section

7 of the Justice of the Peace Act.

Table of Contents

Definitions 1

Duty roster 2

Jurisdiction of justices 3

Additional functions and duties of non-presiding justices 4

Cooling-off period 5

Remuneration - full-time sitting justices 6

Remuneration - part-time sitting justices 7

Remuneration - part-time presiding justices 8

Fee - non-presiding justices 9

Repeal 10

Coming into force 11

Schedules

Definitions

1 In this Regulation,

(a) "Act" means the Justice of the Peace Act;

(b) "sitting justice" means a justice of the peace designated as a

sitting justice of the peace under

section 2.1(2) of the Act.

Duty roster

2 The duties of sitting justices and presiding justices of the peace

must be performed in accordance with the schedules established by the Chief

Judge, which may include evening and weekend assignments.

Jurisdiction of justices

3(1) Subject to subsection (2), a sitting justice may hear, try and

determine matters arising under the following:

(

a) the Amusements Act;

(

b) the Animal Protection Act;

(

c) the Dangerous Dogs Act;

(

d) the Dangerous Goods Transportation and Handling Act;

(

e) the Fisheries (Alberta) Act;

(

f) the Forests Act;

(

g) the Fuel Tax Act;

(

h) provisions of the Gaming and Liquor Act that relate to liquor

matters;

(

i) the Government Property Traffic Act (Canada);

(

j) the Highway Traffic Act;

(

k) the Livestock Identification and Brand Inspection Act;

(

l) the Livestock and Livestock Products Act;

(

m) the Motor Transport Act;

(

n) the Motor Vehicle Administration Act;

(

o) the Off-highway Vehicle Act;

(

p) the Petty Trespass Act;

(

q) the Provincial Offences Procedure Act,

section 5;

(

r) the Provincial Parks Act;

(

s) the Railway Act (Canada);

(

t) the School Act,

section 21(1);

(

u) the Stray Animals Act;

(

v) the Tobacco Tax Act, sections 3(1) and 3.2(4);

(

w) the Transportation of Dangerous Goods Control Act;

(

x) the Trespass to Premises Act;

(

y) the Young Offenders Act,

section 16;

(

z) the Wildlife Act;

(aa) any regulations or orders made under any Act referred to in

clauses (

a) to (

g) and (

i) to (z);

(bb) a provision of

(

i) the Environmental Protection and Enhancement Act,

(ii) a regulation made under that Act

for which a specified penalty is set out in

Schedule 2, Parts

3.1 to 3.4 of the Procedures Regulation (AR 233/89) under the Provincial

Offences Procedure Act;

(cc) the Alberta Fishery Regulations made under the Fisheries Act

(Canada);

(dd) regulations made under

Schedule 12 of the Government

Organization Act;

(ee) regulations made under the Gaming and Liquor Act that relate to

liquor matters;

(ff) provisions of the Young Offenders Act, to the extent that those

provisions deal with statutes, regulations, bylaws and orders referred to

in clauses (

a) to (hh);

(gg) any bylaw of a municipality or a Metis settlement;

(hh) any orders made by the Minister of Municipal Affairs in respect

of an improvement district or special area.

(2) A sitting justice may not hear, try or determine and may not be

assigned to hear, try or determine

(

a) any complaint or information that involves the death of any

person,

(

b) any complaint or information that involves a determination

whether any rights under the Canadian Charter of Rights and Freedoms have

been infringed or denied,

(

c) any issue relating to the constitutional validity of any law,

(

d) any complaint or information that involves a determination of

any aboriginal or treaty rights.

Additional functions and duties of non-presiding justices

4(1) For the purposes of

section 2.2(2)(

d) of the Act, the prescribed

functions and duties of a non-presiding justice of the peace are the

following:

(

a) processing judicial interim release orders that have previously

been made by a judge, sitting justice or presiding justice of the peace;

(

b) qualifying sureties on judicial interim release orders;

(

c) receiving informations, except under

section 810 of the

Criminal Code (Canada);

(

d) subject to subsection (2), confirming or cancelling an

appearance notice, promise to appear or recognizance under

section 508(1)

of the Criminal Code (Canada);

(

e) issuing summonses under

section 27(2) of the Domestic Relations

Act;

(

f) issuing subpoenas;

(

g) taking affidavits;

(

h) ordering the disposition of seized items;

(

i) dealing with first appearances, and with applications for

extension of time to pay, as they relate to offences under the statutes,

regulations, bylaws and orders referred to in

section 3, except

(

i) the taking of guilty pleas on mandatory court

appearances, and

(ii) the issuing of summonses or warrants for arrest.

(2) When a non-presiding justice of the peace cancels an appearance

notice, promise to appear or recognizance under

section 508(1)(b)(ii) of

the Criminal Code (Canada), the justice of the peace may only issue a

summons.

Cooling-off period

5 For the purpose of

section 2.1(7) of the Act, the amount of time that

must elapse is 6 months.

Remuneration - full-time sitting justices

6(1) The annual salary for a full-time sitting justice is $55,008, less

any deductions required by law or authorized by the full-time sitting

justice.

(2) In addition to the salary provided under subsection (1), a full-time

sitting justice is entitled to the benefits set out in

Schedule 1.

Remuneration - part-time sitting justices

7(1) The remuneration for a part-time sitting justice is $250 for a full

day and $125 for a half day.

(2) A part-time sitting justice is not entitled to any other payment or

benefits except as provided in subsection (1).

Remuneration - part-time presiding justices

8(1) The remuneration for a part-time presiding justice of the peace is

$220 for a full day and $110 for a half day.

(2) A part-time presiding justice of the peace is not entitled to any

other payment or benefits except as provided in subsection (1).

Fee - non- presiding justices

9 A non-presiding justice of the peace, who is not an employee of the

Government of Alberta, is entitled to be paid fees for serving as a

non-presiding justice of the peace in accordance with

Schedule 2.

Repeal

10(1) The Justice of the Peace Regulation (AR 309/91), except sections 9,

10 and 11 and Schedules 1 and 2 is repealed.

(2) The Justices of the Peace Fees and Returns Regulation (AR 232/86) is

repealed

Coming into force

11 This Regulation comes into force on February 1, 1999.

SCHEDULE 1

BENEFITS FOR FULL-TIME SITTING

JUSTICES OF THE PEACE

1 In this Schedule, "sitting justice" means a full-time sitting justice

of the peace.

2 Sitting justices of the peace are entitled to participate in the group

benefit plans available to managers in the public service of the Province.

3 The Province must pay « of the cost of the sitting justice's

participation in the Alberta Health Care Insurance Plan.

4(1) Sitting justices are entitled to vacation of 15 working days per

year.

(2) The scheduling of vacation is subject to the prior approval of the

Chief Judge.

(3) If the appointment of a sitting justice is terminated, the sitting

justice's actual vacation entitlement is to be calculated on the basis of

1¬ days' vacation per completed month of service and the sitting justice

must, at such termination, reimburse the Province for any vacation taken in

excess of the sitting justice's actual entitlement.

(4) Any actual vacation entitlement not taken by the sitting justice must,

at such termination, be paid by the Province to the sitting justice.

5(1) A sitting justice is entitled to sick leave of 18 days per year.

(2) If the sitting justice's appointment is terminated, the sitting

justice's actual sick leave entitlement will be calculated on the basis of

1« days' sick leave per completed month of service, and following

termination the sitting justice must reimburse the Province for any sick

leave taken in excess of the sitting justice's actual entitlement.

(3) A sitting justice is entitled to all statutory holidays normally

granted to employees in the public service of the Province.

(4) The sitting justice must provide the Chief Judge with a monthly

absence report.

6 A sitting justice is entitled to reimbursement for travelling and

subsistence expenses incurred in the course of the performance of duties as

a justice of the peace in accordance with the Subsistence, Travel and

Moving Expenses Regulation made under the Public Service Act.

SCHEDULE 2

FEES FOR NON-PRESIDING JUSTICES

NOT EMPLOYED BY THE PROVINCE

The following fees are payable to a non-presiding justice of the peace who

is not an employee of the Province:

(

a) administering oaths, affirmations or taking declarations, $2;

(

b) processing judicial interim release orders that have previously

been made by a judge, sitting justice or presiding justice of the peace, 9

a.m. to 12 a.m. - $10, 12 a.m. to 9 a.m. - $20;

(

c) adjourning cases where a judge of the Provincial Court or a

sitting justice of the peace is not present, $5 per accused;

(

d) confirming or cancelling an appearance notice, promise to

appear or recognizance, $2;

(

e) issuing summonses where appearance notices, promises to appear

or recognizances are cancelled, $2;

(

f) receiving informations, except under

section 810 of the

Criminal Code (Canada), $2;

(

g) issuing subpoenas, $1;

(

h) ordering disposition of seized items, $2.

Alberta Regulation 7/99

Protection of Children Involved in Prostitution Act

COURT FORMS AND PROCEDURES REGULATION

Filed: January 27, 1999

Made by the Lieutenant Governor in Council (O.C. 7/99) pursuant to

section

8 of the Protection of Children Involved in Prostitution Act.

Table of Contents

Practice, procedure 1

Non-compliance 2

Order format 3

Application form 4

Forms 5

Expiry 6

Coming into force 7

Schedule

Practice, procedure

1(1) In any matter not provided for in the Act or this Regulation, the

practice and procedure in the Court, as far as may be, must be regulated by

analogy to the Alberta Rules of Court and the procedures followed in the

Court of Queen's Bench.

(2) The Court may give directions on practice and procedure.

(3) The Court on application may

(

a) vary a rule of practice or procedure,

(

b) refuse to apply a rule of practice or procedure, or

(

c) direct that some other procedure be followed.

Non-compliance

2(1) Unless the Court so directs, non-compliance with this Regulation does

not render any act or proceeding void, but the act or proceeding may be set

aside either wholly or in part as irregular or amended, or may be otherwise

dealt with.

(2) No proceeding shall be defeated on the ground of an alleged defect of

form.

Order format

3(1) An order may be made in the relevant form set out in the Schedule.

(2) Unless the Court otherwise directs, an order under the Act may be

signed by the clerk of the Court.

(3) Every order must be dated as of the day on which it is pronounced and

the order takes effect from that date, unless the Court otherwise directs.

Application form

4(1) An application under the Act must be commenced by completing and

filing the relevant form set out in the

Schedule with the clerk of the

Court before the Court hears the application.

(2) Notwithstanding subsection (1), the Court may hear an application

before the relevant form is filed with the clerk of the Court.

Forms

5 The forms to be used in any application to the Court under the Act are

the forms in the Schedule.

Expiry

6 For the purpose of ensuring that this Regulation is reviewed for

ongoing relevancy and necessity, with the option that it may be repassed in

its present or an amended form following a review, this Regulation expires

on December 31, 2004.

Coming into force

7 This Regulation comes into force on the coming into force of the

Protection of Children Involved in Prostitution Act.

SCHEDULE

FORM 1

In the Provincial Court of Alberta

In the Matter of the Protection of Children

Involved in Prostitution Act

Application for an Apprehension Order

Regarding the child (name) , born year/month/day

date

My name is (name) .

I am a police officer.

I am a director.

Application

I am applying for an order under

section 2 of the Protection of Children

Involved in Prostitution Act:

authorizing a police officer or director to apprehend and

convey the child to the child's guardian or to an adult who in the opinion

of the person apprehending the child is a responsible adult who has care

and control of the child;

authorizing a police officer to apprehend and convey the child

to a protective safe house and authorizing a director to confine the child

for up to 72 hours to ensure the safety of the child and to assess the

child;

authorizing a police officer or director to enter, by force if

necessary, the place or premises specified in my declaration below and to

search for and apprehend the child.

Declaration

In support of my application, I solemnly declare:

I have reasonable and probable grounds to believe that this

child is engaging in prostitution or is attempting to engage in

prostitution as shown by

I have reasonable and probable grounds to believe that this

child may be found at:

(address)

because (state grounds)

year/month/day

Applicant's signature date

Declared before me at

(city or town) , Stamp of Commissioner for Oaths

in the Province of Alberta on or

year/month/day Seal of Notary Public

(date)

Notary Public or Commissioner for Oaths

for Alberta

FORM 2

In the Provincial Court of Alberta

In the Matter of

Born on year/month/day

A CHILD WITHIN THE MEANING OF THE

PROTECTION OF CHILDREN INVOLVED

IN PROSTITUTION ACT

Heard Before The Honourable Judge/ on (day

of week) ,

Justice of the Peace (name of Judge the (day)

of (month), (year)

/Justice of the Peace) at , Alberta.

APPREHENSION ORDER

WHEREAS (name) , (police officer or director) has applied for an

order authorizing the apprehension of the child;

AND

WHEREAS I am satisfied that the applicant has reasonable and probable

grounds to believe that the child is engaging in prostitution or is

attempting to engage in prostitution;

IT IS ORDERED THAT a police officer or a director may apprehend the

child and convey the child to (name) ,

the child's guardian, or to (name) , who in the opinion of the person

apprehending the child is a responsible adult who has care and control of

the child;

IT IS ORDERED THAT a police officer or a director may apprehend the

child and convey the child to a protective safe house, where a director may

confine the child for up to 72 hours and may assess the child;

and if either order is granted

IT IS FURTHER ORDERED THAT a police officer or a director may enter

(place or premises) , using force if necessary, in order to search for and

apprehend the child.

Judge or Justice of the Peace or Clerk of the Court

FORM 3

In the Provincial Court of Alberta

In the Matter of the Protection of Children

Involved in Prostitution Act

Appearance to Show Cause for Confinement

Regarding the child (name) , born year/month/day

(date)

My name is (name) .

I am a director.

Appearance to Show Cause for Confinement

I am appearing to show cause why the confinement of the child was

necessary, because the child was confined without an order under

section

2(10) of the Act.

The child was apprehended on (year/month/day) .

date

The child was confined on (year/month/day) at (name of protective

safe house). date

Declaration

I solemnly declare that I have reasonable and probable grounds to

believe it was necessary to confine this child to ensure the safety of this

child and to assess the child because

and I make this solemn declaration conscientiously believing it to be

true and knowing that it is of the same force and effect as if made under

oath.

(Applicant's signature) (year/month/day)

date

Declared before me at

(city or town) , Stamp of Commissioner for Oaths

in the Province of Alberta on or

year/month/day Seal of Notary Public

(date)

Notary Public or Commissioner for Oaths

for Alberta

Alberta Regulation 8/99

Off-highway Vehicle Act

OFF-HIGHWAY REPEAL ORDER

Filed: January 28, 1999

Made by the Minister of Transportation and Utilities (M.O. 1/99) pursuant

section 18(2) of the Off-highway Vehicle Act.

1 The following Orders are repealed:

(

a) The Off-highway Vehicle Order (AR 18/77);

(

b) Order Allowing the Operation of Snow Vehicles on Highways

Within the Hamlet of Fort Chipewyan (AR 351/77);

(

c) Crowsnest Winter Off-highway Vehicle Access Order (AR 327/91).

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

Alberta Regulation 9/99

Marketing of Agricultural Products Act

ALBERTA CHICKEN PRODUCERS MARKETING

AMENDMENT REGULATION

Filed: January 29, 1999

Made by the Alberta Chicken Producers pursuant to sections 26 and 27 of the

Marketing of Agricultural Products Act.

1 The Alberta Chicken Producers Marketing Regulation (AR 227/96) is

amended by this Regulation.

2 Sections 13 and 14 are repealed and the following is substituted:

Base quota increases

14(1) When the Board considers that general marketing conditions

warrant a permanent increase in base quota, that increase shall,

(

a) in the case of an increase offered after this

section comes into force but before May 1, 1999, be carried out in

accordance with

Schedule 2, and

(

b) in the case of an increase offered on or after May

1, 1999, be carried out, subject to subsections (2) to (6), by the Board

allocating the increase in quota using an auction based on the amount of

quota allocation fee that an applicant for the increase offers and pays to

the Board.

(2) Any person who is eligible to receive a licence as an authorized

producer may participate in the auction.

(3) Any person wishing to participate in the auction must provide

evidence to the Board, in the form specified by the Board, that satisfies

the Board as to the person's financial capability to purchase the quota.

(4) The amount of the allocation fee paid by a person acquiring

quota units by auction pursuant to this

section shall be determined by the

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

units being offered.

(5) The Board may allocate quota to the successful bidders in

accordance with their bid if the Board is satisfied that the bidder has

complied with this Regulation.

(6) The Board may establish procedures for the conduct of an

auction.

3 The

Schedule is amended by renumbering it as

SCHEDULE 1 and by adding

the following after

SCHEDULE 1:

SCHEDULE 2

QUOTA ALLOCATION TRANSITIONAL PROVISIONS

Definitions

1 In this Schedule,

(a) "new applicant" means a person whose name is on the

register in accordance with

section 2 of this Schedule;

(b) "register" means the register maintained under

section 13 of this Regulation;

(c) "section 13 of this Regulation" means

section 13 of

the Alberta Chicken Producers Marketing Regulation (AR 227/96) as that

section read immediately before that

section was repealed by the Regulation

that enacted this Schedule.

Names on register

2(1) For the purposes of

section 3(1)(

a) of this Schedule, a

person's name is on the register, if on the coming into force of this

Schedule, a person's name is on the register pursuant to

section 13 of this

Regulation.

(2) No additional names shall be added to the register after the

coming into force of this Schedule.

Base quota increases

3(1) If, prior to May 1, 1999, the Board considers that general

marketing conditions warrant a permanent increase in base quota, that

increase shall be allocated as follows:

(

a) approximately 35% of the increase in the base quota

shall be offered through an auction to new applicants in blocks of 6000

quota units;

(

b) approximately 65% of the increase in base quota

shall be offered in equal amounts as specified by the Board as an increase

to all existing authorized quota holders, except to authorized quota

holders whose authorized quota exceeds the quota limit established under

section 33 of this Regulation.

(2) The auction for the increase in base quota offered under

subsection (1)(

a) shall be conducted as follows:

(

a) each new applicant shall, by single registered mail

sent to the last address provided to the Board by that new applicant, be

notified of the date, time and location of the auction;

(

b) subject to

section 33 of this Regulation, a new

applicant may participate in the auction if the new applicant produces

evidence to the Board, in a form specified by the Board, that satisfies the

Board as to the applicant's financial capability to purchase the quota;

(

c) the amount of base quota available under subsection

(1)(

a) shall be auctioned in blocks of 6000 quota units and the new

applicant that bids the highest for a block of quota shall be the

successful bidder for that block;

(

d) subject to subsection (3), a successful bidder for

a block of 6000 quota units may elect to take all or any portion of the

block of 6000 quota units at the successful bid price and that election

must be made immediately;

(

e) the quota allocation fee for the quota units

acquired by the bidder shall be the successful bid price on the block of

6000 quota units but, if the bidder elects under clause (

d) or is required

under subsection (3) to take only a portion of the block, the quota

allocation fee shall be reduced proportionately to reflect the number of

units the bidder actually takes;

(

f) a successful bidder is not eligible to bid on any

further blocks of quota units or a residual amount under clause (g);

(

g) any units in a block that are not taken by a

successful bidder form a residue that will be auctioned to the highest

bidder amongst the new applicants after all the blocks of 6000 quota units

have been auctioned.

(3) If a successful bidder holds any authorized quota or an

ownership interest in any authorized quota, that bidder is only entitled to

elect to take the difference between the 6000 quota units in the block and

the amount of authorized quota held by that bidder and any amount remaining

forms part of the residue under subsection (2)(g).

(4) No new applicant shall hold or have an ownership interest in

more than 6000 quota units of base quota as a result of an allocation of

quota under subsection (1)(a).

(5) The restrictions set forth in subsections (3) and (4) do not

apply to an amount of authorized quota in which a successful bidder has an

ownership interest by virtue of holding shares in

(

a) a publicly traded company listed on a recognized

stock exchange, or

(

b) a co-operative that has more than 200 members.

(6) The Board may establish further procedures for the conduct of an

auction that are not inconsistent with subsections (2) to (4).

(7) The Board may allocate quota to a successful bidder accordance

with the bid if

(

a) the bidder has paid the quota allocation fee under

subsection (2)(e), and

(

b) the Board is satisfied that the bidder has complied

with this Regulation.

(8) Notwithstanding

section 15 of this Regulation, if a successful

bidder holds advanced quota, the successful bidder shall not be required to

exchange base quota allocated under subsection (7) for advanced quota.

(9) The Board shall announce an offer to existing authorized

producers under subsection (1)(

b) by publishing a notice of the offer in

the regular publication of the Board and the announcement must include

(

a) the date by which the offer must be accepted, and

(

b) the amount of the quota allocation fee.

(10) An authorized producer who wishes to accept an offer made under

subsection (1)(

b) must within the time specified in the announcement

(

a) confirm acceptance in writing to the Board,

(

b) provide to the Board any information that the Board

may require, and

(

c) pay to the Board the quota allocation fee.

(11) For the purpose of quota increases made pursuant to subsection

(1)(b),

(

a) the amount of a quota allocation fee is the average

of the quota allocation fees paid by the successful new applicants under

subsection (1)(a);

(

b) an authorized producer is eligible to receive only

one base quota increase offer notwithstanding that more than one production

facility and premises may be owned by that authorized producer;

(

c) only one base quota increase shall be offered in

respect of a single production facility and premises notwithstanding that

the production facility and premises may be owned by several persons;

(

d) where several production facilities and premises

are operated by persons living at the same location, the production

facilities and premises are deemed to be a single production entity;

(

e) where a person has an ownership interest in more

than one authorized quota, only one offer shall be made in respect of all

authorized quotas in which that person has an ownership interest.

(12) Notwithstanding subsection (10)(c), a quota allocation fee is

not payable in respect of any amount of advanced quota that is converted to

base quota.