Alberta Regulation 79/96

Water Resources Act

DAM AND CANAL SAFETY AMENDMENT REGULATION

Filed: May 8, 1996

Made by the Lieutenant Governor in Council (O.C. 186/96) pursuant to

section 72 of the Water Resources Act..

1 The Dam and Canal Safety Regulation (Alta. Reg. 351/78) is amended by

this Regulation.

Section 1(1) is amended by repealing clauses (

b) and (

c) and

substituting the following:

(b) "canal" means any structure or part of a structure that is

constructed for the purpose of conveying 15 cubic metres or more per second

of water or water containing any other substance and that has embankments

that are 2.5 metres or more in height when measured vertically from the

lowest elevation at the outside limit of the embankment to the top of the

embankment;

(c) "dam" means a barrier, constructed for enabling the storage of

water or water containing any other substance, that provides for a storage

capacity of 30 000 cubic metres or more and that is 2.5 metres or more in

height when measured to the top of the barrier

(

i) in the case of a barrier across a stream or

watercourse, from the natural bed of the stream or watercourse at the

downstream toe of the barrier, and

(ii) in the case of a barrier that is not across a

stream or watercourse, from the lowest elevation at the outside limit of

the barrier,

and includes works incidental to, necessary for or in

connection with the barrier;

Alberta Regulation 80/96

Water Resources Act

EXEMPTION REGULATION

Filed: May 8, 1996

Made by the Lieutenant Governor in Council (O.C. 187/96) pursuant to

section 72 of the Water Resources Act.

Green area surface water

1(1) A licence or permit is not necessary for the temporary diversion and

use of up to 5000 cubic metres of surface water in the Green Area, as

classified by the Minister responsible for the Public Lands Act, when the

diversion is made in accordance with the conditions on the surface

disposition issued by the Land and Forest Service of the Department of

Environmental Protection and any specific instructions from the local

Forestry Office.

(2) This

section does not apply to diversion of water for hydrostatic

testing.

Saline ground water

2(1) In this section, "saline ground water" means ground water that has

total dissolved solids exceeding 4000 parts per million.

(2) A licence or permit is not necessary for the diversion or use of

saline ground water.

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

Alberta Regulation 81/96

Regional Health Authorities Act

INTERIM REGIONAL HEALTH AUTHORITY

APPOINTMENT REGULATION

Filed: May 8, 1968

Made by the Lieutenant Governor in Council (O.C. 189/96) pursuant to

section 21 of the Regional Health Authorities Act.

1(1) The successors to the first members of regional health authorities

appointed under

section 4(1) of the Regional Health Authorities Act shall

be appointed by the Minister.

(2) Where a first member is reappointed under subsection (1) that member

shall be considered to be a successor for the purpose of subsection (1).

(3) The Minister shall appoint under subsection (1) the number of members

that the Minister considers appropriate.

(4) Before making appointments under subsection (1) the Minister may

request nominations in any manner the Minister considers appropriate.

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

Alberta Regulation 82/96

Agriculture Financial Services Act

AGRICULTURE FINANCIAL SERVICES AMENDMENT REGULATION

Filed: May 8, 1996

Made by the Lieutenant Governor in Council (O.C. 191/96) pursuant to

sections 17 and 53 of the Agriculture Financial Services Act.

1 The Agriculture Financial Services Regulation (Alta. Reg. 174/94) is

amended by this Regulation.

Section 2 is amended by striking out "and amounts of travelling and

living expenses".

Section 6.1 is repealed and the following is substituted:

Appeal committees

6.1(1) A person who is a party to a contract of insurance with the

Corporation under the Act may appeal to an appeal committee established

under

section 10.1 of the Act a decision made by the Corporation or a

person on behalf of the Corporation where

(

a) the decision involves the

interpretation of

(

i) the contract of insurance or any

related document, or

(ii) this Regulation as it relates to the

contract of insurance,

and

(

b) the matter of

interpretation relates to the rights

or obligations of any of the parties to the contract of insurance.

(2) An appeal must be commenced not later than one year after the

date of the decision being appealed.

(3) An appeal committee shall establish its own rules of procedure,

subject to the following:

(

a) where an appeal committee consists of more than one

person, the chair may vote only for the purposes of breaking a tie vote;

(

b) the strict legal rules of evidence need not be

followed;

(

c) representation of appellants or the Corporation by

third parties, including legal counsel, is not prohibited;

(

d) each party appearing before an appeal committee is

responsible for its own costs, regardless of the decision of the appeal

committee.

Section 16(2) is repealed.

Section 17 is amended

(

a) by repealing clause (f);

(

b) in clause (g)(ii) by adding "fresh beans, broccoli,

cauliflower, cucumbers, pumpkins, winter squash," after "cabbage,".

Section 28 is amended by adding the following after subsection (2):

(3) The insured must give to the Corporation written notification of

the insured's unseeded acreage not later than the date set by the

Corporation.

Section 32 is amended

(

a) by repealing subsection (3) and substituting the following:

(3) If an insured is under the personal plan of crop

insurance, production may be measured each year and coverage adjustments

revised based on the cumulative index and using indexing guidelines.

(

b) by repealing subsection (4)(b);

(

c) by repealing subsections (5), (6), (7) and (8) and substituting

the following:

(5) Where the insured has records with the Corporation for at

least 3 years, coverage adjustments in a crop year based on the cumulative

index will be made to the nearest 1%.

(6) Where the insured has records with the Corporation for

fewer than 3 years, coverage adjustments in a crop year shall not increase

or decrease by more than 5% from the adjustment for the previous year.

(7) All entrants into the crop insurance program after the

coming into force of this subsection must be enrolled in the personal plan

of crop insurance.

Section 33 and the table following it are repealed and the following is

substituted:

Other use guidelines

33 Where the insured wishes to put the insured crop to another use,

the Corporation shall inspect the crop and estimate the potential yield in

units of production, and the appraisal shall be regarded as harvested

production in the calculation of indemnities.

Section 40 is repealed.

Section 44(

d) is repealed and the following is substituted:

(d) "request for adjuster form" means the request for adjuster form

prescribed by the Corporation;

Section 47(1) is amended by striking out "notice of claim of loss" and

substituting "request for adjuster form".

Section 47(2) is amended

(

a) by striking out "notice of claim of loss" and substituting

"request for adjuster form";

(

b) by repealing clause (f).

Section 48(1) is amended by striking out "notice of claim of loss" and

substituting "request for adjuster form".

14 The following is added after

section 49:

PART 4.1

FARM INCOME DISASTER COMPENSATION

Definitions

49.1(1) In this Part,

(a) "Alberta resident" means an individual who files a

T1 Federal and Alberta Individual Income Tax Return with respect to the

claim year;

(b) "claim year" means the taxation year for which an

application for compensation is made;

(c) "program margin" with respect to a claim year means

the applicant's allowable farm revenue, as determined by the Corporation,

less the applicant's allowable farm expenses, as determined by the

Corporation;

(d) "reference margin" means the average of an

applicant's program margins for the 3 years immediately preceding a claim

year, as adjusted by the Corporation to take into account structural

change;

(e) "structural change" means any or all of the

following:

(

i) changes in the ownership or business

structure of the applicant's farming business;

(ii) changes in the size or type of the

applicant's farming business or in the applicant's farming practices;

(iii) changes in the applicant's accounting

methods relative to the farming business;

(iv) any other changes that have an effect

on the program margin.

(2) Where an applicant has not been engaged in the farming business

for the 3 years immediately preceding a claim year, the Corporation shall

determine the applicant's reference margin for the purposes of this

Regulation.

(3) Where a program margin is a negative value in a claim year, it

shall be considered to be 0.

Program established

49.2(1) The Farm Income Disaster Program (also known as the Farm

Income Stability Program) is hereby established.

(2) The Corporation may make compensation payments under the Program

in accordance with this Regulation.

Eligibility

49.3(1) The following persons are eligible to apply for compensation

payments under the Program:

(

a) an individual who is an Alberta resident and

carries on the business of farming in Alberta as a sole proprietor or as a

partner in a partnership;

(

b) a private corporation carrying on the business of

farming in Alberta, where at least one of the shareholders is an Alberta

resident;

(

c) a trust carrying on the business of farming in

Alberta where at least one of the beneficiaries of the trust is an Alberta

resident.

(2) For the purposes of subsection (1),

(

a) an individual is considered to be carrying on the

business of farming if the individual reports farming income earned in

Alberta on a T1 Federal and Alberta Individual Income Tax Return;

(

b) a corporation is considered to be carrying on the

business of farming if it reports farming income earned in Alberta on a T2

Corporation Income Tax Return;

(

c) a trust is considered to be carrying on the

business of farming if the trust reports farming income earned in Alberta

on a T3 Trust Income Tax and Information Return;

(

d) an individual who is a shareholder in a corporation

that is a shareholder in a private corporation referred to in subsection

(1)(

b) is considered to be a shareholder of the private corporation.

Amount of compensation

49.4(1) An applicant is eligible to receive compensation with

respect to a claim year if the applicant's program margin for that year is

less than 70% of the applicant's reference margin.

(2) If the difference obtained under subsection (1) is $50 000 or

less, the applicant is eligible to receive the full amount, but if the

difference is more than $50 000, the applicant is eligible to receive $50

000 plus 50% of the balance.

(3) Where the applicant is an individual, the maximum amount the

applicant is entitled to receive with respect to that claim is $100 000.

(4) Where the applicant is a corporation,

(

a) the Corporation shall determine the amount of

compensation the corporation is entitled to, based on the number of

shareholders and the distribution of the shareholders' equity, and

(

b) the maximum amount the corporation is entitled to

receive with respect to that claim is an amount determined by multiplying

the number of shareholders who are Alberta residents by $100 000, to a

maximum of $500 000.

(5) Where an individual applicant is a shareholder in a corporation

that receives a compensation payment, the Corporation may take the payment

to the corporation into account in determining the maximum compensation

amount the individual as applicant is entitled to under subsection (3).

(6) Where an individual receives a compensation payment and the

individual is a shareholder in a corporation that applies for a

compensation payment, the Corporation may take the payment to the

individual into account in determining the maximum compensation amount the

corporation as applicant is entitled to under subsection (4).

(7) The Corporation may deduct from a compensation payment an

administration fee in an amount prescribed by the Minister.

(8) The Corporation may deduct from a compensation payment any

amounts owing by the applicant to the Corporation or to any department or

agency of the Crown that is involved in the delivery of the Program.

(9) The Corporation may deduct from a compensation payment an amount

determined by the Corporation, to take into account contributions made by

the Crown in Right of Alberta or Canada to a Net Income Stabilization

Account on behalf of the applicant.

(10) The total amount of compensation paid under the Program in a

claim year may not exceed $200 000 000.

(11) Where the total amount of eligible claims for compensation for

a claim year exceeds $200 000 000, the Corporation may pro rate the

compensation payments in any manner it considers appropriate.

Application

49.5(1) An application for compensation must be made to the

Corporation in a form acceptable to the Corporation and must be received by

the Corporation or postmarked not later than July 31 of the year following

the claim year.

(2) An application must be accompanied by an application fee in an

amount determined by the Minister.

(3) An application fee is not refundable.

(4) An applicant shall on the request of the Corporation provide to

the Corporation any additional information relevant to the application that

the Corporation requires.

(5) An applicant shall forthwith notify the Corporation of any

material changes in respect of the information respecting the application

that the applicant provided to the Corporation.

Availability of records

49.6 An applicant shall make available to the Corporation or its

representative for inspection all farm records, books of account, income

tax returns and notices of assessment, Canadian Wheat Board permit books,

loan and crop insurance records and any other records the Corporation or

its representative considers necessary to determine the accuracy of the

information in the application or the applicant's entitlement to

compensation.

Compensation not assignable

49.7 Compensation payments are not assignable.

Return of compensation

49.8(1) The Corporation may by notice in writing require an

applicant to return to the Corporation all or part of a compensation

payment if

(

a) the applicant has provided false or misleading

information to the Corporation in respect of the application, or

(

b) the applicant has, in the opinion of the

Corporation, received an over-payment of compensation or a compensation

payment to which the applicant was not entitled.

(2) Interest is payable on money owing under subsection (1) at a

rate equal to the prime lending rate of the Canadian Imperial Bank of

Commerce plus 2%, adjusted quarterly.

(3) Money owing under this

section is recoverable in an action in

debt.

15 This Regulation comes into force on the date

section 10 of the

Agriculture Financial Services Amendment Act, 1996 comes into force.

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

Alberta Regulation 83/96

Public Highways Development Act

SECONDARY HIGHWAYS DESIGNATION AMENDMENT ORDER

Filed: May 8, 1996

Made by the Minister of Transportation and Utilities pursuant to

section 7

of the Public Highways Development Act.

1 The Secondary Highways Designation Order (Alta. Reg. 210/89) is amended

by this Order.

Schedule 1 is amended

(

a) by repealing

section 118 and substituting the following:

118 Secondary Highway No. 617 (Junction Highway 21 South of Hay

Lakes to Junction Secondary Highway 834 North of Round Hill)

Book 6 Page 1 Date: August 1, 1989

Page 2 Date: May 1, 1996

Page 3 Date: August 1, 1989

(

b) by repealing

section 124 and substituting the following:

124 Secondary Highway No. 623 (Leduc East Corporate Limits to

Junction Secondary Highway 617 East of Hay Lakes)

Book 7 Pages 1-4 Date: August 1, 1989

Page 5 Date: May 1, 1996

Page 6 Date: August 1, 1989

(

c) by repealing

section 334 and substituting the following:

334 Secondary Highway No. 833 (Camrose North Corporate Limits

to Junction Highway 14 South of Lindbrook)

Book 15 Pages 1-2 Date: August 1, 1989

Pages 3-4 Date: May 1, 1996

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

Alberta Regulation 84/96

Highway Traffic Act

MAXIMUM SPEED LIMITS AMENDMENT REGULATION

Filed: May 13, 1996

Made by the Minister of Transportation and Utilities pursuant to

section 5

of the Highway Traffic Act.

1 The Maximum Speed Limits Regulation (Alta. Reg. 218/83) is amended by

this Regulation.

Schedule 1 is amended

(

a) by adding the following after

section 16(12):

(13) Wetaskiwin

(

a) All that portion of Highway Number 13 beginning

from the intersection with Highway 2A at the west boundary of

section 26,

township 46, range 24, west of the fourth meridian, thence easterly along

the highway to the east boundary of the said

section (west corporate limit

of Wetaskiwin, at the intersection of SH 814),

Maximum - 80 kilometres per hour.

(

b) by adding the following after

section 17:

17A HIGHWAY NUMBER 14X

(1) Highway Number 16 Interchange - Clover Bar

(

a) Northbound - All that portion of Highway Number 14X

beginning from the east/west quarterline of

section 9, township 53, range

23, west of the fourth meridian, thence northerly along the highway to the

south corporate limit of the City of Edmonton in the southwest quarter of

section 16, township 53, range 23, west of the fourth meridian,

Maximum - 70 kilometres per hour;

(

b) Southbound - All that portion of Highway Number 14X

beginning from the south corporate limit of the City of Edmonton in the

southwest quarter of

section 16, township 53, range 23, west of the fourth

meridian, thence southerly along the highway to a point 320 metres north of

the east/west quarterline of

section 8, township 53, range 23, west of the

fourth meridian,

Maximum - 70 kilometres per hour;

(

c) West to South Connector Road - All that portion of

the West to South Connector Road beginning from a point 490 metres east of

the north/south quarterline of

section 8, township 53, range 23, west of

the fourth meridian, thence easterly and southerly along the road to a

point 320 metres north of the east/west quarterline of said section,

Maximum - 90 kilometres per hour.

(2) Baseline Road Interchange

(

a) North to West Connector Road - All that portion of

the North to West Connector Road beginning from a point 100 metres north of

the east/west quarterline of

section 5, township 53, range 23, west of the

fourth meridian, thence southerly and westerly along the road to its

intersection with the westbound lanes of Baseline Road in the northwest

quarter of

section 32, township 52, range 23, west of the fourth meridian,

Maximum - 90 kilometres per hour.

(

c) in

section 20 by repealing subsections (1) and (2).

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

Alberta Regulation 85/96

Credit Union Act

ASSESSMENT REPEAL REGULATION

Filed: May 15, 1996

Made by the Lieutenant Governor in Council (O.C. 202/96) pursuant to

section 226 of the Credit Union Act and

section 23 of the

Interpretation

Act.

1 The Assessment Regulation (Alta. Reg. 207/94) is repealed.

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Alberta Regulation 86/96

Wildlife Act

CAPTIVE WILDLIFE AMENDMENT REGULATION

Filed: May 15, 1996

Made by the Lieutenant Governor in Council (O.C. 206/96) pursuant to

section 96 of the Wildlife Act.

1 The Captive Wildlife Regulation (Alta. Reg. 51/87) is amended by this

Regulation.

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

(a.1) "captive pheasant" means a pheasant that is held in captivity,

that has not been collected from the wild in Alberta and that is or is a

descendant of

(

i) a pheasant that was lawfully possessed under the

authority of a permit or a game bird shooting ground licence, or

(ii) a pheasant that was lawfully possessed in a

jurisdiction outside of Alberta and was, in accordance with the laws of

that other jurisdiction, exported into Alberta,

and includes a pheasant described in this clause that is killed

while in captivity;

3 The following is added after

section 2:

Provisions that do not apply to captive pheasants

2.01(1) For the purposes of the Act, a person who conducts an

activity described in

section 1(1)(g.1) of the Act in respect of a captive

pheasant is not to be regarded as hunting that captive pheasant.

(2) Sections 54, 58, 59, 60 and 61 of the Act do not apply to

captive pheasants.

Section 2.1 is repealed.

Section 15 is amended by striking out "pheasants," wherever it occurs.

Section 22(2) is repealed and the following is substituted:

(2) Wildlife, except lynx, held in accordance with the Fur Farms

Act, game birds held under the authority of a permit or licence issued

pursuant to this Regulation and captive pheasants are exempt from the

application of sections 10(1) and 57 of the Act.

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

Alberta Regulation 87/96

Wildlife Act

GENERAL WILDLIFE AMENDMENT REGULATION

Filed: May 15, 1996

Made by the Lieutenant Governor in Council (O.C. 207/96) pursuant to

sections 15 and 96 of the Wildlife Act.

1 The General Wildlife Regulation (Alta. Reg. 50/87) is amended by this

Regulation.

Section 1 is amended

(

a) in subsection (1)

(

i) by repealing clause (g);

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

(l.1) "full curl trophy sheep" means a trophy

sheep that, when viewed in profile along a straight line that touches the

most anterior point of both horn bases, has a horn that is of sufficient

size so that the horn extends past and beyond a straight line drawn from

the most posterior point of the base of the horn to the centre of the

nostril;

(iii) by adding the following after clause (ff):

(ff.1) "partner" in respect of a

registered fur management area means a person who is

(

i) authorized by the senior

holder for the area to hunt in the area as the partner of the senior

holder, and

(ii) approved by a wildlife

officer under

section 5(2);

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

(ii.01) "senior holder" in respect of a

registered fur management area means,

(

i) if one registered fur

management licence is issued for the registered fur management area, the

holder of the licence, and

(ii) if more than one registered

fur management licence is issued for the registered fur management area,

the holder of the licence who has held the licence for the greatest length

of time;

(

v) by repealing clauses (ii.1) and (ii.2) and

substituting the following:

(ii.1) "six point elk" means an elk

having an antler with a main beam that has not fewer than 5 tines that are

at least 3 inches in length and the base of each of those 5 tines is at

least 3 inches from the pointed end of the main beam;

(ii.2) "three point elk" means an elk

having an antler with a main beam that has not fewer than 2 tines that are

at least 3 inches in length and the base of each of those 2 tines is at

least 3 inches from the pointed end of the main beam;

(

b) in subsection (2)(

e) by adding ", subject to subsection (2.1),"

after "are";

(

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

(2.1) A bird is not a migratory game bird if the bird

(

a) is raised in captivity,

(

b) has not been taken from the wild, and

(

c) is readily distinguishable from a wild bird of the

same species by size, shape or colour.

Section 3 is amended

(

a) by adding the following after subsection (5.3):

(5.4) A licence to hunt big game, wolf or coyote issued to a

non-resident alien does not authorize the holder to hunt while accompanied

by a class C guide if the holder has hunted while accompanied by a class C

guide during the previous 2 fiscal years.

(

b) by repealing subsections (6) and (7).

Section 5.1 is amended

(

a) by repealing subsection (1);

(

b) by repealing subsection (4) and substituting the following:

(4) An authorization of a person as a partner by a senior

holder is for a term of one year and the authorization is automatically

renewed unless the senior holder advises a wildlife officer that the

authorization is not to be renewed.

Section 8 is repealed.

Section 14 is amended

(

a) in subsection (4) by striking out ", coyote";

(

b) by adding the following after subsection (5):

(5.1) Coyote may be hunted other than with traps

(

a) by a resident on public land that is not in the

Green Area,

(

b) by a resident authorized to hunt by the owner or

occupant of privately owned land, on the privately owned land,

(

c) by the owner or occupant of privately owned land,

on the privately owned land,

(

d) by a person authorized to maintain livestock on

public land, on the public land, or

(

e) by a resident authorized in writing to hunt by a

person authorized to maintain livestock on public land that is in the Green

Area, on the public land that is in the Green Area.

(

c) in subsection (7) by adding "and raven" after "red fox".

Section 16 is amended

(

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

(a.1) a partner of a senior holder while hunting

fur-bearing animals in the registered fur management area of the holder;

(a.2) a person, other than a partner, authorized by the

holder of a registered fur management licence and approved by a wildlife

officer under

section 5(2) while hunting fur-bearing animals in the

registered fur management area of the holder;

(

b) by repealing clause (

b) and substituting the following:

(

b) a resident under 18 years of age while hunting

fur-bearing animals on land on which his parent may hunt fur-bearing

animals

(

i) under the authority of a registered fur

management licence, or

(ii) as a partner of a senior holder;

(

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

(c.1) the spouse of the partner of a senior holder while

hunting fur-bearing animals in the registered fur management area of the

senior holder, except if the spouse is the holder of a fur dealer permit;

Section 20(2) is amended by striking out "12 midnight" and substituting

"one hour before sunrise".

Section 24(2)(

b) is repealed and the following is substituted:

(

b) killed on a game bird shooting ground authorized by a game bird

shooting ground licence,

(b.1) that are captive pheasants as defined in

section 1(a.1) of the

Captive Wildlife Regulation (Alta. Reg. 51/87), or

Section 26 is amended

(

a) in subsection (1)(

c) by striking out "the non-residents" and

substituting "not more than 2 licensed non-resident or non-resident alien

hunters";

(

b) by repealing subsection (4) and substituting the following:

(4) A class C guide's licence does not authorize the holder

(

a) to guide another person for gain or reward, or

(

b) to guide a non-resident alien hunter during a

fiscal year if the holder has previously guided a non-resident alien hunter

under a class C guide's licence in either of the preceding 2 fiscal years.

Section 30(1)(

a) is repealed and the following is substituted:

(

a) processed upland game birds;

(a.1) the feathers and flesh of captive pheasant as defined in

section 1(a.1) of the Captive Wildlife Regulation (Alta. Reg. 51/87) or

upland game birds raised under the authority of a game bird farm permit or

game bird shooting ground licence;

Schedule 2 is amended

(

a) in Item 1 by adding the following after "Bubalus (Bos) bubalus (Domestic Water Buffalo)":

Camelus bactrianus (Domestic Bactrian Camel)

Camelus dromedarius (Dromedary)

Lama glama [Llama (domestic Guanaco)]

Lama pacos [Alpaca (domestic Vicuna)]

(

b) in Item 2 by striking out:

Anser (Cygnopsis) cygnoides [Domestic Chinese Goose

(Domestic Swan Goose)]

Anser anser (Domestic Graylag Goose)

Cairina moschata (Domestic Muscovy Duck)

and substituting:

Subfamily Anseranatinae1 (All species)

Subfamily Anserinae1 (All species)

Subfamily Anatinae1 (All species)

(

c) by adding at the end of Item 2:

1 Limited to birds that are either incapable of flight or have been

rendered incapable of flight and that are readily distinguishable from

migratory game birds protected under the Migratory Birds Convention Act

(Canada).

Part 1 of

Schedule 3 is amended

(

a) in item 1 by striking out "Commencing where the C.P.R.

right-of-way crosses secondary road 885 near Etzikom; thence easterly along

the C.P.R. right-of-way to the Alberta-Saskatchewan boundary;" and

substituting "Commencing at the junction of highway 61 and secondary road

885 at Etzikom; thence easterly and southerly along highway 61 to secondary

road 889; thence southerly along secondary road 889 to secondary road 501

(Red Coat trail); thence easterly along secondary road 501 to the

Alberta-Saskatchewan boundary;

(

b) in item 7 by striking out "the C.P.R. right-of-way at Etzikom;

thence southerly and easterly along the C.P.R. right-of-way to" and

substituting "highway 61; thence southerly and easterly along highway 61

to";

(

c) by repealing item 8 and substituting the following:

8 Forty Mile Wildlife Management Unit

(118) Commencing at the Alberta-Saskatchewan boundary and

secondary road 501 (Red Coat trail); thence westerly along secondary road

501 to secondary road 889 (locally known as Black and White Trail); thence

northerly along secondary road 889 to the road locally known as Ranchville

Road; thence northerly and easterly along Ranchville Road to secondary road

941; thence easterly to the boundary of Cypress Hills Provincial Park at

the southwest corner of

section 6, township 8, range 3 West of the fourth

meridian; thence easterly along the southern boundary of Cypress Hills

Provincial Park to the Alberta-Saskatchewan boundary; thence southerly

along the Alberta-Saskatchewan boundary to the point of commencement.

Schedule 5 is amended

(

a) in

Part 1

(

i) by adding the following after item 10:

10.1 resident trophy sheep special licence 48.50

(ii) by repealing items 13 and 14 and substituting the

following:

13 resident antlered moose special licence 31.78

13.1 resident calf moose special licence 31.78

14 resident antlerless moose special licence 31.78

(iii) by repealing items 22 and 23;

(iv) by adding the following after item 27:

27.1 resident antlered white-tailed deer special licence 31.82

(

v) by repealing items 40 and 41 and substituting the

following:

40 non-resident black bear special licence 60.65

(vi) by repealing item 53;

(vii) by repealing items 59 and 60 and substituting the

following:

59 non-resident alien black bear special licence 90.89

(

b) by repealing

Part 3;

(

c) in

Part 4 by repealing items 7 to 10 and substituting the

following:

7 class 1 fur dealer permit 100.00

8 class 2 fur dealer permit 500.00

9 resident fur management licence 20.00

10 registered fur management licence 40.00

Schedule 11 is repealed.

Schedule 12 is amended

(

a) by striking out "Sage Grouse 2";

(

b) by striking out:

Canada Geese and White-fronted Geese 12(

b) Snow and Ross' Geese 12(

c) and substituting:

Canada Geese and White-fronted Geese 16(

b) Snow and Ross' Geese 16

(

c) in clause (

b) by striking out "4" and substituting "6";

(

d) by repealing clause (c).

17 The

Schedule to the Act is amended

(

a) in Item 2

(

i) by repealing sub-items 4 and 5 and substituting the

following:

4 A shotgun having a gauge of .410 or less.

5 Any bait consisting of a food attractant,

including a mineral and any representation of a food attractant.

(ii) in sub-item 6

(

A) by adding "and" at the end of clause

(a);

(

B) in clause (b)

(

I) by striking out "1 inch"

and substituting "7/8 inch";

(II) by striking out ", and" at

the end;

(

C) by repealing clause (c);

(iii) in sub-item 7 by repealing clause (

b) and

substituting the following:

(

b) requires a pull of at least 40 pounds

to draw an arrow 28 inches in length to its head.

(

b) in Item 3 by repealing sub-item 3 and substituting the

following:

3 Any bait consisting of a food attractant, including a

mineral and any representation of a food attractant.

(

c) in Item 5 by repealing sub-item 3 and substituting the

following:

3 A hook or other similar device designed or used to capture

an animal by impaling the animal.

18 Sections 2(a)(ii) to (v), 3(a), 4, 7, 8, 10, 13, 14(a)(

v) and (vii),

14(

c) and 16 come into force on July 1, 1996.

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

Alberta Regulation 88/96

Wildlife Act

FISH AND WILDLIFE TRUST FUND AMENDMENT REGULATION

Filed: May 15, 1996

Made by the Lieutenant Governor in Council (O.C. 208/96) pursuant to

section 96 of the Wildlife Act.

1 The Fish and Wildlife Trust Fund Regulation (Alta. Reg. 277/85) is

amended by this Regulation.

Section 2(

b) is amended

(

a) in subclause (i.1) by striking out "and" at the end;

(

b) in subclause (ii) by adding "under the Shot Livestock

Compensation Sub-program, and" after "season";

(

c) by adding the following after subclause (ii):

(iii) providing compensation under the Wildlife Predator

Compensation Sub-program for injury or death of livestock resulting, or a

death of livestock that probably resulted, from predation by wolves,

grizzly bears, black bears or cougars;

Section 4(2)(

b) is amended by repealing subclause (

v) and substituting

the following:

(

v) remuneration paid directly to a veterinarian or to

another person in reimbursement of remuneration paid by that person to a

veterinarian, in accordance with

Part 2;

Section 7 is repealed and the following is substituted:

7(1) For the purposes of interpreting this

Part in respect of the

Shot Livestock Compensation Sub-program of the Wildlife Support Program,

"livestock" means domestic horse (Equus caballus), domestic cow (Bos

taurus) (indicus), domestic goat (Capra hircus), domestic sheep (Ovis

aries), domestic swine (Sus scrofa domesticus) and Bison (Bison bison).

(2) For the purposes of interpreting this

Part in respect of the

Wildlife Predator Compensation Sub-program of the Wildlife Support Program,

"livestock" means domestic cow (Bos taurus) (indicus), domestic goat (Capra

hircus), domestic sheep (Ovis aries), domestic swine (Sus scrofa

domesticus) and Bison (Bison bison).

(3) In this Part, "compensation committee" means the committee

established under

section 14(1).

Section 12 is amended

(

a) in subsection (1) by adding "under the Shot Livestock

Compensation Sub-program of the Wildlife Support Program" after "the

livestock";

(

b) in subsection (3) by repealing clauses (

c) and (

d) and

substituting the following:

(

c) an accurate description of the livestock and its

salvage value, if any;

(

c) by adding the following after subsection (4):

(5) Where, under the Shot Livestock Compensation Sub-program of the

Wildlife Support Program, livestock is confirmed as having been shot, the

owner of the livestock may submit a claim for fees previously paid by him

to a veterinarian whose services were requested by the owner in relation to

the dead or injured livestock, if the claim consists of fees paid for

(

a) the veterinarian's investigation into whether the

animal was shot, or

(

b) the medical treatment of the animal's injury,

or both.

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

13(1) A person whose livestock is killed or injured through

predation by wolves, grizzly bears, black bears or cougars may apply to the

Minister for compensation from the Wildlife Support Program for the death

or injury of the livestock under the Wildlife Predator Compensation

Sub-program of the Wildlife Support Program.

(2) A claim under subsection (1) respecting an injured livestock

animal is to consist only of fees paid for the medical treatment of the

injured animal.

(3) An applicant under subsection (1) shall, within 3 days of

learning of the death or injury of the livestock, report that fact to an

office where a wildlife officer appointed under

section 2(1) of the Act is

stationed.

(4) The application for compensation for the dead or injured

livestock must be on a form provided by the Minister.

(5) A person may submit an application for compensation for

livestock whose death is confirmed as probably being attributable to

predation described in subsection (1), if

(

a) the livestock has been confirmed as probably having

died within 90 days of a confirmed death or injury of other livestock that

has been attributed to predators referred to in subsection (1), and

(

b) the location where the dead livestock was

discovered is not more than 10 kilometres from the location of that

confirmed kill or injury.

(6) An investigation of the death or injury of livestock under the

Wildlife Predator Compensation Sub-program may be conducted by a wildlife

officer appointed under

section 2(1) of the Act, a veterinarian or, if such

an officer is not readily available, a problem wildlife specialist employed

by the Department of Agriculture, Food and Rural Development.

14(1) The Minister shall establish a committee to determine the

amount of compensation that may be payable for

(

a) the confirmed death or injury of livestock pursuant

to the Shot Livestock Compensation Sub-program, and

(

b) the confirmed death, injury or loss of livestock

due to predation pursuant to the Wildlife Predator Compensation

Sub-program.

(2) The compensation committee shall perform its functions in

accordance with this Regulation.

(3) For the purposes of the Shot Livestock Compensation Sub-program

and the Wildlife Predator Compensation Sub-program, the compensation

committee shall determine the value of a livestock animal based on the

commercial market value of the class of livestock to which it belongs.

(4) The Minister shall determine whether an application is eligible

to be considered as a confirmed death or injury of livestock for the

purposes of the Shot Livestock Compensation Sub-program or a confirmed

death or injury of livestock resulting or a death probably resulting from

predation, for the purposes of the Wildlife Predator Compensation

Sub-program.

(5) The maximum amount of compensation payable for an animal whose

value has been determined pursuant to subsection (3) is,

(

a) for dead livestock under the Shot Livestock

Compensation Sub-program, 85% of the value of the animal to a maximum, in

the case of a horse, of $2000, or

(

b) for dead livestock under the Wildlife Predator

Compensation Sub-program, 85% of the value of the animal for confirmed

kills and 50% of the value of an animal that has been determined to be a

probable loss to predation.

(6) The maximum amount of compensation payable to the owner of

livestock for the medical treatment of an injured livestock animal under

the Shot Livestock Compensation Sub-program or the Wildlife Predator

Compensation Sub-program is not to exceed the lesser of

(

a) the amount paid by the applicant for veterinarian's

bills and drugs and medication for the injured animal, and

(

b) the maximum amount that could have been payable

under subsection (5)(

a) or (

b) if the injured animal had died.

14.1(1) The Minister shall consider an application for compensation

in accordance with this Regulation and may accept or reject the claim.

(2) The amount of compensation to be paid for a claim respecting

veterinary fees is to be determined by the compensation committee.

(3) If an injured animal dies after receiving medical treatment, the

amount of compensation payable for the dead animal is to be reduced by the

amount paid under a claim for the medical treatment of the animal's injury,

if any.

(4) The amount of compensation payable under this

section is to be

reduced by the amount or value realized by an applicant on a sale or

salvage of the dead or injured animal or any part of the animal.

(5) The Minster shall provide to a claimant the result of a decision

under subsection (1).

(6) A decision made by the Minister under subsection (1) is final.

Schedule 1 is repealed.

Alberta Regulation 89/96

Wildlife Act

GENERAL WILDLIFE (MINISTERIAL) AMENDMENT REGULATION

Filed: May 15, 1996

Made by the Minister of Environmental Protection (M.O. 3) pursuant to

sections 25(2) and 97 of the Wildlife Act.

1 The General Wildlife (Ministerial) Regulation (Alta. Reg. 95/87) is

amended by this Regulation.

Section 6 is amended

(

a) in subsection (1.1) by adding "and any reference to a trophy

sheep that has been killed does not include a trophy sheep that has been

killed under a Minister's special licence to hunt trophy sheep" after

"trophy sheep";

(

b) in subsection (2)

(

i) by repealing clause (a.4) and substituting the

following:

(a.4) more than 1 of the following:

(

i) a white-tailed deer

licence;

(ii) a youth white-tailed deer

licence;

(iii) an antlered white-tailed

deer special licence,

(ii) by repealing clause (b);

(iii) by repealing clause (g)(iii), (iv), (vii), (viii),

(ix), (

x) and (xi);

(iv) by striking out "or" at the end of clause (f), by

adding "or" at the end of clause (

g) and by adding the following after

clause (g):

(

h) more than 1 of the following:

(

i) antlered moose special

licence;

(ii) antlerless moose special

licence;

(iii) calf moose special licence.

(

c) by repealing subsection (3)(

g) and (h);

(

d) by repealing subsection (3.1) and substituting the following:

(3.1) A non-resident is not eligible to obtain or hold both a

non-resident black bear special licence and a

(

a) a non-resident black bear licence, or

(

b) a non-resident supplemental black bear licence.

(

e) by repealing subsection (4) and substituting the following:

(4) A non-resident alien is not eligible to obtain or hold a

trophy sheep special licence in a fiscal year if the non-resident alien

killed a trophy sheep in any of the preceding 4 fiscal years.

(

f) by repealing subsection (4.1);

(

g) in subsection (5)

(

i) in the portion preceding clause (

a) by striking out

"authorization or" wherever it occurs;

(ii) in clause (

b) by striking out "or authorization";

(

h) in subsection (5.3)(

c) by striking out "a WMU 104" and

substituting "an antlered";

(

i) in subsection (6) by striking out "authorizations and" wherever

it occurs;

(

j) in subsection (7) by striking out "authorizations or" wherever

it occurs.

Section 9(

a) is repealed.

Section 15 is amended

(

a) by repealing subsection (1)(c), (c.1) and (

d) and substituting

the following:

(

c) where the issuing or renewal of the licence would

result in the applicant becoming the senior holder for the registered fur

management area, the application is approved by the Director of the

Wildlife Management Division,

(

d) where 1 or more registered fur management licences

are issued in respect of the registered fur management area and the

applicant is not the senior holder, the applicant has the written consent

of the senior holder for the area, and

(

b) by repealing subsection (2)(

b) and substituting the following:

(

b) is accompanied by a completed WA12 form showing,

for the 12 months ending on August 31 in the year in which the application

for renewal is made, the number and species of fur-bearing animals taken in

the registered fur management area by

(

i) all the holders of registered fur

management licences for the area,

(ii) a person referred to in

section

16(a.1), (a.2), (b), (

c) or (c.1) of the General Wildlife Regulation (Alta.

Reg. 50/87), and

(iii) a person referred to in

section

16.1(1),

Section 18(5) is repealed.

Section 27(3) is amended by adding "to captive pheasants as defined in

section 1(a.1) of the Captive Wildlife Regulation (Alta. Reg. 51/87) or"

after "does not apply".

Section 32 is repealed and the following is substituted:

Hunting in game bird sanctuary or restricted area

32(1) No person shall hunt game birds in a game bird sanctuary

unless that activity is expressly authorized by a licence.

(2) No person shall hunt migratory game birds in any restricted area

or upland game birds on lakes that are a restricted area described in B of

Schedule 4

Part 3 of the General Wildlife Regulation (Alta. Reg. 50/87)

including islands located in those lakes and land that is 0.5 miles back

from the edge of the water of those lakes unless

(

a) the person hunts during the open season for

migratory game birds after October 31, or

(

b) the person holds a damage control licence or a

collection licence that expressly authorizes that activity.

Schedule 1 is amended

(

a) in

section 4

(

i) in clause (

k) by striking out "September 6 to

September 23" and substituting "September 4 to September 28";

(ii) in clause (k.1) by striking out "October 16 to

October 28" and substituting "October 17 to October 31";

(iii) in clauses (

l) and (

m) by striking out "November 23

to November 25" and substituting "November 28 to November 30";

(

b) in

section 5

(

i) in subsection (6) by striking out "September 30 to

October 1, October 28 to October 29 and November 4 to November 5" and

substituting "October 5 to October 6, October 26 to October 27 and November

2 to November 3";

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

(7) The open season to hunt ruffed grouse and

sharp-tailed grouse in WMUs 728 and 730 is from August 31 to September 2.

(

c) in

section 7(2)

(

i) by repealing clause (

a) and substituting the

following:

(

a) coyote, from October 1 to the last day

of February on land within big game zones 1 to 16 that is public land

within the Green Area,

(a.01) coyote throughout the year within

big game zones 1 to 16 on land other than public land within the Green

Area,

(ii) in clause (a.1) by striking out "December 10" and

substituting "December 15";

(

d) by repealing

section 10 and substituting the following:

10 The following footnotes are applicable to Tables 2A and

2B:

1 This season is provided only for those who hold the

applicable special licence.

2 This season applies only to 3-point mule deer.

3 This season applies only to 6-point elk.

4 This season applies only to 3-point elk.

5 This season applies to calf moose only.

6 This season applies only on Thursday, Friday and

Saturday.

7 This season applies only to full curl trophy sheep.

(

e) in

section 12 by adding the following after footnote 25:

26 The opening date for this season does not apply to WMU

346. The opening date for this season in WMU 346 is September 1.

(

f) by repealing Tables 1, 2A, 2B, 3 and 5 and substituting Tables

1, 2A, 2B, 3 and 5 set out in the

Schedule to this Regulation.

Schedule 2 is amended

(

a) by striking out

Sage Grouse 1

(

b) by striking out

Canada Geese and White-fronted Geese 6(

b) Snow and Ross' Geese 6(

c) and substituting:

Canada Geese and White-fronted Geese 8(

b) Snow and Ross' Geese 8

(

c) in clause (

b) by striking out "2" and substituting "3";

(

d) by repealing clause (c).

10 Sections 2(

d) and (f), 4, 7, 8(a), (b), (d), (

e) and (

f) and 9 come

into force on July 1, 1996.

SCHEDULE

SCHEDULE 1

TABLE 1

BIG GAME SEASONS

WMU

SEASON GROUP

GENERAL

SEASONS

ARCHERY ONLY

SEASONS

102,104,106

G24

A18

G24

A38

110,112,116,118,119,124

G24

A18

128,130

G24

A38

132,134,136,138,140,142,144,148,150,151,152,156,158,160,162,163, 164

G24

A18

G27

A19

G28

A21

202,204

G25

A22

G34

A23

G25

A22

G24

A18

N/A

A34

G10

A32

216,220,221

G25

A22

G31

A23

G29

A22

G32

A21

G25

A22

G34

A23

G29

A22

234,236,238,240

G28

A21

G29

A22

G32

A21

G25

A22

N/A

A35

G33

A20

252,254

G30

A23

256,258

G28

A21

G30

A23

G22

A16

G21

A17

304,305

G23

A17

306,308

G21

A17

310,312,314

G20

A15

G37

A24

318,320,322,324

G35

A28

G48

G13

G11

G35

A28

334,336

G29

A22

337,338

G36

A29

339,340,342

G12

G12

G36

A29

G12

G12

G12

355,356

G44

G49

A39

G45

A40

G50

G47

A14

G19

A14

404,406

G17

A12

G18

A13

N/A

A34

412,414

G14

A11

G51

A11

G46

A11

418,420,422

G51

A11

G14

A11

G51

A11

G51

A11

G15

A11

434,436

G14

A11

G16

A11

438,439

G14

A11

440,441,442,444,445,446

G15

A10

G30

A31

501,502

G33

A20

503,504

G42

A33

G38

A25

G26

A37

G39

A26

G29

A22

G41

A30

G40

A27

511,512,514,515,516,517,518,519, 520

521,522

G50

524,525

G49

A39

528,529,530,531,532,534

540,542,544

G43

A36

Alberta Regulation 90/96

Regional Health Authorities Act

REGIONAL HEALTH AUTHORITIES (MINISTERIAL)

AMENDMENT REGULATION

Filed: May 15, 1996

Made by the Minister of Health (M.O. 33/96) pursuant to

section 22(

g) of

the Regional Health Authorities Act.

1 The Regional Health Authorities (Ministerial) Regulation (Alta. Reg.

17/95) is amended by this Regulation.

2 The following is added after

section 5:

Remuneration and benefits

6 Members of regional health authorities are entitled to

remuneration and traveling and living expenses in accordance with

Schedule

1, Part A of the Appendix to the Committee Remuneration Order, Order in

Council No. 769/93.