Alberta Regulation 85/2016

Judicature Act

ALBERTA RULES OF COURT (MISCELLANEOUS)

AMENDMENT REGULATION

Filed: June 16, 2016

For information only: Made by the Lieutenant Governor in Council (O.C. 159/2016)

on June 15, 2016 pursuant to sections 28.1 and 28.21 of the Judicature Act.

1(1) The Alberta Rules of Court (AR 124/2010) are amended

by this section.

(2) Rule 4.14 is amended

(

a) by striking out "or" at the end of clause (e), by

adding ", or" at the end of clause (

f) and by adding

the following after clause (f):

(

g) as a case management judge, exercise the powers that a

trial judge has by adjudicating any issues that can be

decided before commencement of the trial, including

those related to

(

i) the admissibility of evidence,

(ii) expert witnesses,

(iii) admissions, and

(iv) adverse inferences.

(

b) by adding the following after subrule (2):

(3) A decision that results from the exercise of the power

referred to in subrule (1)(

g) is binding on the parties for the

remainder of the trial, even if the judge who hears the evidence

on the merits is not the same as the case management judge,

unless the court is satisfied that it would not be in the interests

of justice because, among other considerations, fresh evidence

has been adduced.

(3) Rule 4.33 is repealed and the following is substituted:

Dismissal for long delay

4.33(1) In this rule,

(a) "applicant" means a party to an action who makes an

application to dismiss the action for delay as set out in

this rule;

(b) "respondent" means a party who has filed a

commencement document;

(c) "suspension period" means, in subrules (5) to (9), a

period that ends on

(

i) a specific date, or

(ii) the happening of a specific event.

(2) If 3 or more years have passed without a significant advance

in an action, the Court, on application, must dismiss the action as

against the applicant, unless

(

a) the action has been stayed or adjourned by order, an

order has been made under subrule (9) or the delay is

provided for in a litigation plan under this Part, or

(

b) an application has been filed or proceedings have been

taken since the delay and the applicant has participated

in them for a purpose and to the extent that, in the

opinion of the Court, warrants the action continuing.

(3) If the Court refuses an application to dismiss an action for

delay, the Court may make whatever procedural order it

considers appropriate.

(4) The period of time referred to in subrule (2) does not include

the following, whichever ends earlier:

(

a) the period of time between the service of a statement of

claim on an applicant and the service of the applicant's

statement of defence;

(

b) the period of one year after the date of service of a

statement of claim on an applicant.

(5) If a respondent and an applicant agree in writing to a

suspension period, the period of time under subrule (2) does not

include the suspension period agreed to.

(6) A respondent, whether or not the respondent has sought

agreement under subrule (5), may serve an applicant with a

written proposal setting out a suspension period and requesting

that the suspension period not be included in computing the

period of time under subrule (2).

(7) An applicant who receives a proposal referred to in subrule

(6) must respond within 2 months, and within that time

(

a) if the applicant agrees with the proposal, then the period

of time under subrule (2) does not include the

suspension period agreed to, or

(

b) if the applicant disagrees with the proposal or does not

respond to the proposal, then the respondent may apply

for an order under subrule (9).

(8) If a suspension period is agreed to under subrule (5) or

(7)(a), the respondent must give all other parties to the action

written notice setting forth what the suspension period is, when it

was agreed to and by whom.

(9) A respondent, whether or not the respondent has sought

agreement under subrule (5) or served a proposal under subrule

(6), may apply for an order setting out a suspension period that

shall not be included in computing the period of time under

subrule (2).

(10) Rule 13.5 does not apply to this rule.

(4) Rule 12.49 is amended by striking out "leave" and

substituting "permission".

(5) Rule 12.71(1) is amended by striking out "leave" and

substituting "permission".

(6) Rule 13.13 is amended by adding the following after

subrule (6):

(7) Authorities referred to in a document provided to the Court

must be cited in accordance with rule 14.31(

a) and (d).

(7) Rule 14.5 is amended

(

a) in subrule (1)(

b) by striking out "directing" and

substituting "respecting";

(

b) in subrule (3) by adding "granting or" before

"denying";

(

c) in subrule (4) by striking out "leave" and substituting

"permission".

(8) Rule 14.18(1) is amended

(

a) by repealing clause (

a) and substituting the

following:

(

a) a Table of Contents at the beginning of each volume,

which must

(

i) list separately each document and show the page

number where the document can be found,

(ii) include a copy of the Table of Contents for the

Transcripts required by clause (d)(i), and

(iii) contain a list and description of all the exhibits

entered in the trial court and the page in the

transcripts where the entry of the exhibit is shown.

(

b) by repealing clause (d)(ii) and substituting the

following:

(ii) all transcripts required by rule 14.15(1)(b);

(9) Rule 14.27(1) is amended by striking out "Each party" and

substituting "Where needed to resolve the issues in the appeal, each

party".

(10) Rule 14.37(2)(

e) is amended by striking out "leave" and

substituting "permission".

(11) Rule 14.40(1) is repealed and the following is

substituted:

Applications to single appeal judges

14.40(1) Subject to Subdivision 3, an application to a single

appeal judge must be made by filing 3 copies of

(

a) an application that meets the requirements of rule 14.53,

(

b) any accompanying affidavit, if required,

(

c) other material to be relied on, even if previously filed,

and

(

d) a memorandum of argument that meets the requirements

of rule 14.54.

(12) Rule 14.54(

c) is repealed and the following is

substituted:

(

c) in an application for permission to appeal, must

(

i) include a copy of the reasons for the decision proposed

to be appealed, and

(ii) state the exact questions of law on which permission to

appeal is requested.

(13) Rule 14.65(3) is amended by striking out "made" and

substituting "granted".

(14) Item 1 of Form FL-10 in Division 2 of

Schedule A is

amended by striking out "Leave of Court (to apply for contact)"

and substituting "Permission from the Court (to apply for contact)".

(15) Item 4 of Form FL-11 in Division 2 of

Schedule A is

amended by striking out "Leave of Court (to apply for contact)"

and substituting "Permission from the Court (to apply for contact)".

(16) Form FL-21 in Division 2 of

Schedule A is amended by

striking out item 4 and substituting the following:

4. The Defendant: (choose those which apply)

? has not responded to the Statement of Claim and has

been noted in default;

? has responded to the Statement of Claim by filing a

____________________;

? consents to this Request for Divorce, as indicated by

his/her signature (or the signature of his/her counsel)

endorsed on the proposed Divorce Judgment (or

Divorce Judgment and Corollary Relief Order);

? has not consented to this Request for Divorce, but an

order has been granted by (name of Judge of Court

of Queen's Bench) on (date) to proceed with

this Request for Divorce;

(17) Form FL-23 in Division 2 of

Schedule A is amended by

striking out item 2 and substituting the following:

2. I identify the person in the picture attached as Exhibit __ to

the Affidavit of Service filed herein as my spouse, who is

the (Plaintiff/Defendant) in this action. (If the Defendant

has not filed a Counterclaim and there is an Order to

proceed under Rule 12.50(1)(c), replace with "I acknowledge

having received a copy of the Statement of Claim.")

(18) Form FL-42 in Division 2 of

Schedule A is amended by

striking out item 3 and substituting the following:

(Choose one)

3. ? I am a parent of the child(ren).

? I am a person standing in the place of a parent to

the child(ren). (describe in paragraph 8 below)

? I am a grandparent of the child(ren) whose contact

with the child(ren) has been interrupted by:

? the separation of the parents which

occurred (approximate date) .

? the death of the (father or mother) who

died on (approximate date) .

? I am none of the above, but I have obtained

permission from the Court to commence this

application. (attach copy of court order granting

permission to apply for contact)

(19) Form FL-44 in Division 2 of

Schedule A is amended

(

a) by striking out "STATEMENT - LEAVE OF COURT

(TO APPLY FOR CONTACT)" and substituting

"STATEMENT - PERMISSION FROM THE COURT

(TO APPLY FOR CONTACT)";

(

b) by striking out item 1 and substituting the

following:

1. I am not a parent of the child(ren) or a person standing in the

place of a parent to the child(ren). I ask for permission from

the Court to make an application for contact with the

child(ren).

(20) Form FL-45 in Division 2 of

Schedule A is amended by

striking out item 1 and substituting the following:

(Choose one)

1. ? I am a parent or guardian of the child(ren) and the

child(ren) is/are in my care.

? I am a person who has care and control of the

child(ren). I am the child(ren)'s (aunt, uncle

etc.) .

? I am applying to be a guardian of the child(ren).

? I am the child (one of the children). My birthdate

is and I am years old.

? I have permission from the Court to apply (attach

court order granting permission to apply for child

support).

(21) Form FL-66 in Division 2 of

Schedule A is amended by

striking out "REPLY STATEMENT - LEAVE OF COURT (TO

APPLY FOR CONTACT)" and substituting "REPLY

STATEMENT - PERMISSION FROM THE COURT (TO APPLY

FOR CONTACT)".

(22) Form AP-5 in Division 3 of

Schedule A is repealed and

the following is substituted:

COURT OF APPEAL OF ALBERTA

Form AP-5

[Rule 14.87]

Registrar's stamp:

COURT OF APPEAL FILE NUMBER:

TRIAL COURT FILE NUMBER:

REGISTRY OFFICE

PLAINTIFF/APPLICANT:

STATUS ON APPEAL:

DEFENDANT/RESPONDENT:

STATUS ON APPEAL:

DOCUMENT COVER PAGE

Appeal from the Decision of

The Honourable Mr./Madam Justice

Dated the ______ day of __________, 20____

Filed the ______ day of __________, 20____

Title of Book (including name and status on appeal of filing party),

volume number, and page numbers and/or tabs included in volume

Party's name, counsel's name, Contact information of all

address, telephone and fax numbers other parties to the appeal

of party filing this document.

Name etc. of the organization

that prepared this document

(When the cover page is being used on an appeal record, include:)

The appeal record has been prepared in ? electronic format

? document format

2(1) The Court Rules and Forms Regulation (AR 39/2002) is

amended by this section.

(2) Section 5.2 is amended by striking out "by leave" and

substituting "with the permission".

3(1) The Crown Minerals Registration Regulation

(AR 264/97) is amended by this section.

(2) Section 6(3) is amended by striking out "the Court of

Queen's Bench granting leave" and substituting "the Court of

Queen's Bench granting permission".

4(1) The Indemnity Authorization Regulation (AR 22/97) is

amended by this section.

(2) Section 1(

h) of the

Schedule is repealed and the

following is substituted:

(

h) if the Crown is not also a party to the action or proceeding,

the person shall consent to any order or permission from the

Court that may be applied for by the Crown to be added as a

party or to be allowed to make representations on its own

behalf without being a party.

5(1) The Natural Gas Marketing Regulation (AR 358/86) is

amended by this section.

(2) Section 28 is amended

(

a) in subsection (1) by striking out "Leave to appeal" and

substituting "Permission to appeal to the Court of Appeal";

(

b) in subsection (2) by striking out "leave to appeal is

obtained" and substituting "the permission of the Court is

obtained".

6(1) The Protection of Children Abusing Drugs Regulation

(AR 138/2006) is amended by this section.

(2) Form 3 is amended by striking out "but the Court made an

order dated (year/month/day) granting me leave to make this

application" and substituting "but the Court made an order dated

(year/month/day) granting me permission to make this application".

7(1) The Provincial Court Procedures (Family Law)

Regulation (AR 149/2005) is amended by this section.

(2) Section 9(2) is amended by striking out "leave" and

substituting "permission".

8(1) The Publication Ban (Court Applications and Orders)

Regulation (AR 207/2014) is amended by this section.

(2) Form 1 of the

Schedule is amended

(

a) in Item 1 by striking out "I am seeking leave of the Court

to make this application" and substituting "I am seeking

permission from the Court to make this application";

(

b) in Item 3 by striking out "(check only if you are seeking

leave of the Court) I believe that I should be granted leave of

the Court to make this application because" and

substituting "(check only if you are seeking permission from

the Court to apply) I believe that the Court should grant me

permission to make this application because".

9(1) The Regional Airports Authorities Regulation

(AR 149/90) is amended by this section.

(2) Section 131 is amended

(

a) in subsection (1) by striking out "leave" and

substituting "permission";

(

b) in subsection (2) by striking out "Leave may not be

granted under subsection (1) unless the Court is satisfied

that" and substituting "The Court may not grant

permission under subsection (1) unless the Court is satisfied

that".

(3) Section 133(2)(

n) is amended by striking out "granting

leave to the applicant" and substituting "granting the applicant

permission".

Alberta Regulation 86/2016

Municipal Government Act

EDMONTON INTERNATIONAL AIRPORT VICINITY PROTECTION AREA

(EXPIRY DATE EXTENSION) AMENDMENT REGULATION

Filed: June 16, 2016

For information only: Made by the Lieutenant Governor in Council (O.C. 160/2016)

on June 15, 2016 pursuant to

section 693 of the Municipal Government Act.

1 The Edmonton International Airport Vicinity Protection

Area Regulation (AR 55/2006) is amended by this

Regulation.

Section 12 is amended by striking out "June 30, 2016" and

substituting "June 30, 2021".

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

Alberta Regulation 87/2016

Drug-endangered Children Act

DRUG-ENDANGERED CHILDREN AMENDMENT REGULATION

Filed: June 16, 2016

For information only: Made by the Lieutenant Governor in Council (O.C. 161/2016)

on June 15, 2016 pursuant to

section 6 of the Drug-endangered Children Act.

1 The Drug-endangered Children Regulation (AR 256/2006)

is amended by this Regulation.

Section 5 is repealed.

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

Alberta Regulation 88/2016

Income and Employment Supports Act

INCOME SUPPORT, TRAINING AND HEALTH

BENEFITS AMENDMENT REGULATION

Filed: June 16, 2016

For information only: Made by the Lieutenant Governor in Council (O.C. 162/2016)

on June 15, 2016 pursuant to

section 50 of the Income and Employment Supports Act.

1 The Income Support, Training and Health Benefits

Regulation (AR 122/2011) is amended by this Regulation.

Section 21 is amended

(

a) by repealing subsection (1)(

b) and substituting the

following:

(

b) the federal child benefit amount, determined by the

Minister, that would be provided to the household unit

if each dependent child were assumed to be eligible for

the federal child benefit, and

(

b) by repealing subsection (2)(

b) and substituting the

following:

(

b) the federal child benefit amount, determined by the

Minister, that would be provided to the household unit

if each dependent child were assumed to be eligible for

the federal child benefit, and

Section 48(1)(

b) is repealed and the following is

substituted:

(

b) the federal child benefit amount, determined by the Minister,

that would be provided to the household unit if each

dependent child were assumed to be eligible for the federal

child benefit, and

Section 90(1)(a)(ii) is amended by striking out "Canada

Child Tax Benefit" and substituting "Canada Child Benefit".

Section 99(d)(ii) is amended by striking out "to a household

unit that is eligible to receive the National Child Benefit Supplement".

Section 1 of

Schedule 2 is amended by adding the

following after clause (a):

(a.1) a Canada Child Benefit;

Section 5 of

Schedule 4 is amended

(

a) in subsection (1) by striking out "that does not receive

or is not eligible to receive all or part of the National Child

Benefit Supplement in respect of a dependent child" and

substituting "as determined by the Minister";

(

b) by repealing subsection (2);

(

c) in subsection (3)(

a) by striking out "the National Child

Benefit Supplement" and substituting "the Canada Child

Benefit".

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

Alberta Regulation 89/2016

Agricultural Service Board Act

FORMS AMENDMENT REGULATION

Filed: June 20, 2016

For information only: Made by the Minister of Agriculture and Forestry

(M.O. 019/2016) on June 14, 2016 pursuant to

section 17 of the Agricultural Service

Board Act.

1 The Forms Regulation (AR 203/98) is amended by this

Regulation.

Section 3 is repealed.

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

Alberta Regulation 90/2016

Teachers' Pension Plans Act

TEACHERS' AND PRIVATE SCHOOL TEACHERS' PENSION PLANS

(CONTRIBUTION RATES 2016) AMENDMENT REGULATION

Filed: June 22, 2016

For information only: Made by the Alberta Teachers' Retirement Fund Board on

March 2, 2016 pursuant to

section 16(2) of the Teachers' Pension Plans Act and

section 12(4) of the Teachers' Pension Plans (Legislative Provisions) Regulation.

1 The Teachers' and Private School Teachers' Pension

Plans (AR 203/95) are amended by this Regulation.

Schedule 1 is amended by sections 3 to 5 of this

Regulation.

Section 10(2) is amended

(

a) in clause (

a) by striking out "6.33%" and substituting

"6.87%";

(

b) in clause (

b) by striking out "11.23%" and

substituting "11.47%".

Section 11 is amended by striking out "5.11%" and

substituting "3.87%".

Section 13 is amended

(

a) in clause (

a) by striking out "7.85%" and substituting

"8.31%";

(

b) in clause (

b) by striking out "4.80%" and

substituting "3.64%".

Schedule 2 is amended by sections 7 to 9 of this

Regulation.

Section 10 is amended

(

a) in clause (a)

(

i) by striking out "7.80%" and substituting "7.63%";

(ii) by striking out "6.33%" and substituting "6.87%";

(

b) in clause (b)

(

i) by striking out "12.18%" and substituting

"11.52%";

(ii) by striking out "11.23%" and substituting

"11.47%".

Section 11 is amended by striking out "2.42%" and

substituting "1.46%".

Section 13 is amended

(

a) in clause (

a) by striking out "8.74%" and substituting

"8.87%";

(

b) in clause (

b) by striking out "2.25%" and

substituting "1.36%".

10 This Regulation comes into force on September 1, 2016.

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

Alberta Regulation 91/2016

Municipal Government Act

SUPERNET ASSESSMENT REGULATION

Filed: June 22, 2016

For information only: Made by the Minister of Municipal Affairs

(M.O. MSL:002/16) on June 17, 2016 pursuant to

section 322(1)(b.1) and (c.1) of the

Municipal Government Act.

Table of Contents

Definitions

2 Assessment of assessable SuperNet linear property

3 Report by Minister required

4 Repeal

5 Expiry

6 Coming into force

Schedule

Definitions

1 In this Regulation,

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

(b) "assessable SuperNet linear property" means linear property

in the extended area network that is used for SuperNet

purposes and is assessable under

section 298(3) of the Act;

(c) "extended area network" means the specifications,

characteristics and network design as reported by the

Minister;

(d) "Minister" means the Minister of Service Alberta;

(e) "SuperNet" means the high speed high capacity broadband

network that is owned by Bell Canada, linking government

offices, schools, health care facilities and libraries in the

extended area network.

Assessment of assessable SuperNet linear property

2(1) Where linear property in the extended area network is used for

business and is assessable to the extent reported under

section 3(2), the

assessment must be prepared by the assessor designated under

section

292(1) of the Act.

(2) Section 292(2) to (5) of the Act do not apply in respect of an

assessment referred to in subsection (1), and instead the assessment

must be prepared in accordance with the Schedule.

Report by Minister required

3(1) The Minister must report the following information to the

assessor designated by the Minister of Municipal Affairs under

section

292(1) of the Act not later than October 31 of each year following

2014:

(

a) for the purposes of

section 1(c), the specifications,

characteristics and network design that form the extended

area network;

(

b) for the purposes of

section 2(

a) of the Schedule, the

construction costs of the assessable SuperNet linear property.

(2) The Minister must report the extent to which linear property in the

extended area network is used for business to the assessor designated

by the Minister of Municipal Affairs under

section 292(1) of the Act

not later than December 31 of each year following 2014.

Repeal

4 The Supernet Assessment Regulation (AR 113/2012) is repealed.

Expiry

5 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, 2018.

Coming into force

6 This Regulation comes into force on January 1, 2017.

Schedule

1 In this Schedule, "Minister's Guidelines" means the Alberta Linear

Property Assessment Minister's Guidelines referred to in

section

322.1(1)(a)(i)(

C) of the Act.

2 To calculate an assessment for assessable SuperNet linear property,

the assessor must

(

a) multiply the construction costs of the assessable SuperNet

linear property, as reported by the Minister under

section

3(1)(

b) of this Regulation, by a factor that represents business

use as reported by the Minister under

section 3(2) of this

Regulation,

(

b) multiply the product obtained from the calculation referred to

in clause (

a) by the assessment year modifier set out in

Schedule B for Telecommunications Systems contained in

the Minister's Guidelines,

(

c) multiply the product obtained from the calculation referred to

in clause (

b) by the depreciation factor set out in

Schedule C

for Telecommunications Systems contained in the Minister's

Guidelines, and

(

d) multiply the product obtained from the calculation referred to

in clause (

c) by an additional depreciation factor of 1.000 for

the purposes of

Schedule D for Telecommunications Systems

contained in the Minister's Guidelines.

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

Alberta Regulation 92/2016

Fair Trading Act

PAYDAY LOANS (EXPIRY DATE EXTENSION)

AMENDMENT REGULATION

Filed: June 22, 2016

For information only: Made by the Minister of Service Alberta (M.O. SA:007/2016)

on June 21, 2016 pursuant to

section 105(1) of the Fair Trading Act.

1 The Payday Loans Regulation (AR 157/2009) is amended

by this Regulation.

Section 26 is amended by striking out "June 30, 2016" and

substituting "June 30, 2018".

Alberta Regulation 93/2016

Municipal Government Act

BUSINESS IMPROVEMENT AREA REGULATION

Filed: June 22, 2016

For information only: Made by the Minister of Municipal Affairs

(M.O. MSL:017/16) on June 17, 2016 pursuant to sections 53 and 381 of the

Municipal Government Act.

Table of Contents

Definitions

Establishment

2 Procedure for establishment

3 Request for establishment

4 Petition objecting to establishment

5 Business improvement area bylaw

6 Board

7 Amendments to BIA bylaw

8 Change in boundaries

Capital Property

9 Capital property

Financial Matters

10 Financial year

11 Budget

12 Notice of proposed budget

13 Budget amendments

14 Transfer of money by municipality

15 Restrictions on board

16 Non-profit organization

17 Records

18 Auditor

19 Financial statement and reports

Business Improvement Area Tax

20 BIA tax bylaw

21 BIA tax rate bylaw

22 Application of business tax provisions

Disestablishment

23 Procedure for disestablishment

24 Petition

25 Disestablishment bylaw and taxpayers vote

26 Notice

27 Taxpayer vote on bylaw

28 Consequences of taxpayers vote

29 Liability for deficiency

30 Imposing tax after disestablishment

Expiry

31 Expiry

Transitional

32 Transitional

Commencement

33 Coming into force

Definitions

1 In this Regulation,

(a) "board" means the board of a business improvement area;

(b) "capital property" means a capital property as defined in

section 241(

c) of the Act;

(c) "disestablishment" in respect of a business improvement area

includes the dissolution of the area's board;

(d) "taxable business" means a business in a business

improvement area whose operator is a taxpayer;

(e) "taxpayer" means a person who operates a business and is

liable to pay business improvement area tax in respect of that

business.

Establishment

Procedure for establishment

2 A business improvement area may only be established in

accordance with this Regulation.

Request for establishment

3(1) The process for establishing a business improvement area begins

with a request to council signed by persons who

(

a) would be taxpayers if an area was established, and

(

b) represent at least 25% of the businesses that would be taxable

businesses if an area was established.

(2) The request must ask that an area be established and describe the

proposed purposes and boundaries of the area.

(3) Within 30 days of receiving a request that meets the requirements

of subsections (1) and (2), the municipality must take reasonable steps

to ensure that a notice of the request is mailed or delivered to every

business in the proposed area that would be a taxable business if an

area was established.

Petition objecting to establishment

4(1) Persons who would be taxpayers if a proposed area was

established may petition the council objecting to the establishment of

the area.

(2) The petition is not sufficient unless

(

a) it is signed by persons referred to in subsection (1) who

represent more than 50% of the businesses that would be

taxable businesses if the proposed area was established, and

(

b) it is filed with the chief administrative officer within 60 days

of the last date on which notice of the request was mailed or

delivered.

(3) If the chief administrative officer declares a petition to be

sufficient, council may not pass a bylaw establishing a business

improvement area set out in the request until 2 years have passed from

the day the petition was declared to be sufficient.

Business improvement area bylaw

5(1) If a sufficient petition is not received, the council may pass a

business improvement area bylaw that is based on the request.

(2) A business improvement area bylaw must

(

a) designate an area as a business improvement area,

(

b) designate a name for the area,

(

c) describe the purposes for which the area is established,

(

d) establish a board for the area, and

(

e) specify the number of board members, the term of office of

board members and the method of filling vacancies.

Board

6(1) A board established for a business improvement area must

consist of individuals nominated by one or more taxpayers in the zone.

(2) A council may also appoint one or more councillors to be members

of a board.

(3) A council may only revoke the appointment of a board member

who was nominated by a taxpayer if the revocation is recommended by

the board.

Amendments to BIA bylaw

7 Sections 3 and 4 do not apply to an amendment of a business

improvement area bylaw or when a business improvement area is

disestablished.

Change in boundaries

8(1) A council may not pass a proposed bylaw to amend a business

improvement area bylaw that changes the boundaries of the area

unless, before the proposed bylaw receives second reading,

(

a) the area's board consents to the change in boundaries, and

(

b) taxpayers in the area and people who would be taxpayers

under the change in boundaries are provided with an

opportunity to make representations concerning the change to

council.

(2) Before the proposed bylaw receives second reading, the

municipality must take reasonable steps to ensure that a notice that

meets the requirements of subsection (3) is mailed or delivered to

every taxable business in the area and to every business that would be

a taxable business under the change in boundaries.

(3) The notice must set out

(

a) a

summary of the proposed bylaw, including a description of

the change in boundaries,

(

b) a statement that taxpayers in the area and people who would

be taxpayers under the change in boundaries may make

representations concerning the proposed bylaw to council,

and

(

c) the manner and time period for making those representations.

Capital Property

Capital property

9(1) A board may enter into an agreement with a municipality in

which the municipality agrees to undertake the construction of a

capital property to be located within the business improvement area of

the board.

(2) The agreement may deal with payment for the costs and expenses

associated with the construction of the capital property and its

subsequent maintenance and operation and any other matter relating to

the capital property that the board and the municipality consider

appropriate.

Financial Matters

Financial year

10 The financial year of a board is the calendar year.

Budget

11(1) A board must submit a proposed budget for each calendar year

to the council for the council's approval.

(2) The proposed budget must be submitted at the time and in the form

specified by council.

(3) The proposed budget must be a balanced budget and include

(

a) the estimated amount of the board's revenue from every

source, including the amount that the board will receive from

the municipality in respect of the business improvement area

tax, and

(

b) the estimated amount of all operating and capital

expenditures planned for the year.

Notice of proposed budget

12(1) The municipality must take reasonable steps to ensure that a

notice of the proposed budget and the date and place of the council

meeting at which the proposed budget will be considered is mailed or

delivered to every taxable business in the business improvement area.

(2) Persons representing those businesses may, with the permission of

council, speak at the meeting.

Budget amendments

13(1) Council may, in its approval of a board's budget,

(

a) authorize the board to amend the budget by

(

i) transferring amounts to or from the board's reserves,

and

(ii) transferring amounts between expenditures so long as

the amount of the total expenditures is not increased,

and

(

b) establish conditions respecting the amendment of the budget

under clause (a).

(2) An amendment to a board's budget made in accordance with

subsection (1) is deemed to be approved by council.

Transfer of money by municipality

14(1) After council approves the budget of a board, the municipality

is required to transfer to the board the amounts identified in the

approved budget as revenue to be received from the municipality.

(2) The municipality may make the payments in a method agreed

upon with the board.

Restrictions on board

15(1) A board may only make an expenditure if

(

a) the expenditure is included in the board's budget, and

(

b) the budget has been approved by the council.

(2) A board must not incur indebtedness extending beyond the current

fiscal year of the board without the approval of the council.

Non-profit organization

16 A board must apply all income and any profits to promoting the

objects of the board and must not pay any dividends to any person.

Records

17 A board must ensure that proper financial records are maintained

and that the minutes of its meetings and its resolutions are recorded.

Auditor

18(1) The board must appoint an auditor.

(2) An auditor appointed by the board is at all reasonable times and

for any purpose related to an audit entitled to access to

(

a) the records of the board, and

(

b) data processing equipment owned or leased by the board.

Financial statement and reports

19 Each year following its financial year, the board must submit an

audited financial statement to the council and any reports required by

the council by the date agreed upon with the council.

Business Improvement Area Tax

BIA tax bylaw

20(1) A council of a municipality must pass a business improvement

area tax bylaw if there is a business improvement area within the

municipality.

(2) A business improvement area tax bylaw or an amendment to it

applies to the year in which it is passed only if it is passed before May

1 of that year.

(3) The business improvement area tax bylaw authorizes the council to

impose a tax on all businesses operating within the business

improvement area, except businesses that are referred to in

section 351

or 375 of the Act.

(4) The business improvement area tax bylaw must require

assessments of taxable businesses operating within the area to be

prepared and recorded on an assessment roll for the purposes of the

business improvement area tax.

(5) If a council has passed a business tax bylaw, the business

improvement area bylaw may adopt for the purposes of the business

improvement area tax the assessments of businesses prepared for the

business tax.

(6) A business improvement area tax bylaw may establish maximum

and minimum amounts to be paid under it.

BIA tax rate bylaw

21(1) Each council that has passed a business improvement area tax

bylaw must pass a business improvement area tax rate bylaw annually.

(2) A business improvement area tax rate for an area may be

(

a) a uniform rate throughout the area, or

(

b) at different rates in different parts of the area if the council

considers that some activities of the board are of greater

benefit to businesses in one or more parts of the area.

(3) The business improvement area tax rate for an area must be

sufficient to raise the amount that the board is to receive from the

municipality in respect of the business improvement area tax as set out

in the board's approved budget.

Application of business tax provisions

22(1) Except as modified by this Regulation, Parts 9 to 12 of the Act

relating to business tax apply with the necessary modifications to

business improvement area tax and for that purpose a reference in

those Parts to

(

a) business tax or tax imposed under

Part 10, Division 3 is

deemed to be a reference to business improvement area tax;

(

b) a business tax bylaw is deemed to be a reference to a

business improvement area tax bylaw;

(

c) a business tax rate bylaw is deemed to be a reference to a

business improvement area tax rate bylaw;

(

d) a business assessment roll is deemed to be a reference to the

assessment roll prepared or adopted for the purposes of the

business improvement area tax;

(

e) a business tax roll is deemed to be a reference to a business

improvement area tax roll.

(2) Sections 371, 372, 374(1)(a), (2), 376 and 377(3) and (4) of the

Act do not apply to business improvement area tax.

Disestablishment

Procedure for disestablishment

23 A business improvement area may only be disestablished in

accordance with this Regulation.

Petition

24(1) Taxpayers in a business improvement area may petition for a

bylaw to disestablish the zone.

(2) The petition is not sufficient unless it is signed by taxpayers

representing at least 25% of the taxable businesses in the business

improvement area.

Disestablishment bylaw and taxpayers vote

25(1) A council must, within 30 days of the chief administrative

officer's declaring a petition referred to in

section 24 to be sufficient,

(

a) give first reading to a bylaw to disestablish the business

improvement area,

(

b) specify a date that is within 90 days after the bylaw receives

first reading for a vote of the taxpayers in the area on the

bylaw, and

(

c) specify the question that is to appear on the ballot for the

vote.

(2) The bylaw must specify the date, being at least 6 weeks after the

date of the vote, on which the bylaw is to take effect.

(3) A council that wants to disestablish a business improvement area

either on its own initiative or on the request of the area's board must

follow the procedures for the disestablishment of the area that apply

when a petition referred to in

section 24 is declared to be sufficient.

Notice

26 After a bylaw to disestablish an area receives first reading, the

municipality must take reasonable steps to ensure that every taxable

business within the area is notified

(

a) that a bylaw to disestablish the area has been given first

reading, and

(

b) that a vote on the bylaw will be held on the specified day.

Taxpayer vote on bylaw

27(1) Council is responsible for holding the vote on the bylaw to

disestablish the area.

(2) The board of the business improvement area is responsible for the

costs and expenses of the vote on the bylaw.

(3) The vote must be conducted in accordance with the Local

Authorities Election Act, except that

(

a) sections 44, 46(1), (2), (2.1) and (3), 47, 49, 50 and 52 of that

Act do not apply to the vote,

(

b) only a taxpayer in the business improvement area is eligible

to vote,

(

c) if there is more than one taxpayer for a taxable business, only

one such taxpayer, selected by the taxable business, may vote

in respect of that business, and

(

d) the returning officer may

(

i) prepare a list of the taxable businesses eligible to vote

on the bylaw,

(ii) require reasonable proof of a taxpayer's entitlement to

vote on behalf of an eligible taxable business,

(iii) remove the taxable business's name from the list once a

ballot is issued to a taxpayer who operates the business,

(iv) refuse to issue a ballot to a taxpayer who does not meet

the eligibility requirements, and

(

v) utilize any form necessary to further the objects of this

section.

Consequences of taxpayers vote

28(1) If the vote approves the bylaw to disestablish the area, the

council must pass the bylaw within 30 days of the date of the vote

without any alteration affecting the bylaw's substance.

(2) If the vote does not approve the bylaw, the council

(

a) must not give the bylaw any further readings and any

previous readings are rescinded, and

(

b) must not, within 2 years of the date of the vote, give first

reading to a bylaw that disestablishes the business

improvement area.

Liability for deficiency

29 If on the disestablishment of a business improvement area the

amount received from the disposal of the board's assets does not cover

the board's liabilities, the municipality is liable to pay the outstanding

amount of the liabilities.

Imposing tax after disestablishment

30(1) The council may, despite the disestablishment of a business

improvement area, recover any outstanding amount referred to in

section 29 by imposing a business improvement area tax on businesses

that were taxable businesses before the disestablishment of the area.

(2) Section 21(3) does not apply to a business improvement area tax

imposed under subsection (1).

Expiry

Expiry

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

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

repassed in its present or an amended form following a review, this

Regulation expires on June 30, 2021.

Transitional

Transitional

32(1) In this section, "previous regulation" means the Business

Revitalization Zone Regulation (AR 377/94).

(2) On the coming into force of this Regulation,

(

a) a business revitalization zone established under the previous

regulation is deemed to be a business improvement area

established under this Regulation;

(

b) a board of a business revitalization zone established under

the previous regulation is deemed to be a board of a business

improvement area;

(

c) a business revitalization zone bylaw passed under the

previous regulation is deemed to be a business improvement

area bylaw passed under this Regulation;

(

d) a business revitalization zone tax bylaw passed under the

previous regulation is deemed to be a business improvement

area tax bylaw passed under this Regulation;

(

e) a business revitalization zone tax rate bylaw passed under the

previous regulation is deemed to be a business improvement

area tax rate bylaw passed under this Regulation.

Commencement

Coming into force

33 This Regulation comes into force on July 1, 2016.

Alberta Regulation 94/2016

Municipal Government Act

WOOD BUFFALO UTILITIES CORPORATION REGULATION

Filed: June 22, 2016

For information only: Made by the Minister of Municipal Affairs

(M.O. MSL:019/16) on June 17, 2016 pursuant to

section 73 of the Municipal

Government Act.

Table of Contents

Definitions

2 Application of Act

3 Exemption from Public Utilities Act

4 Dispute resolution

5 Provision of extra-provincial services

Definitions

1 In this Regulation,

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

(b) "Corporation" means the Wood Buffalo Utilities Corporation

incorporated by the Regional Municipality of Wood Buffalo;

(c) "public utility" means a system or works used to provide the

following for public consumption, benefit, convenience or

use:

(

i) water;

(ii) sewage disposal;

(iii) solid waste management;

(iv) steam;

(

v) heat;

(vi) electric power.

Application of Act

2(1) Subject to subsection (2), sections 43 to 47 of the Act apply in

respect of a utility service provided by the Corporation.

(2) Section 45(3)(

b) of the Act does not apply in respect of a public

utility owned or operated by the Corporation.

Exemption from Public Utilities Act

Part 2 of the Public Utilities Act does not apply in respect of a

public utility that

(

a) is owned or operated by the Corporation, and

(

b) provides a utility service within the boundaries of the

Regional Municipality of Wood Buffalo.

Dispute resolution

4 If there is a dispute between a regional services commission and the

Corporation with respect to

(

a) rates, tolls or charges for a service that is a public utility,

(

b) compensation for the acquisition by the commission of

facilities used to provide a service that is a public utility, or

(

c) the commission's use of any road, square, bridge, subway or

watercourse to provide a service that is a public utility,

any party involved in the dispute may submit it to the Public Utilities

Board, and the Public Utilities Board may issue an order on any terms

and conditions that the Public Utilities Board considers appropriate.

Provision of extra-provincial services

5 The Corporation shall not provide any utility services outside of

Alberta without the prior written approval of the Minister.

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

Alberta Regulation 95/2016

Apprenticeship and Industry Training Act

LANDSCAPE GARDENER TRADE AMENDMENT REGULATION

Filed: June 22, 2016

For information only: Made by the Alberta Apprenticeship and Industry Training

Board on February 9, 2016 and approved by the Minister of Advanced Education on

June 14, 2016 pursuant to

section 33(2) of the Apprenticeship and Industry Training

Act.

1 The Landcape Gardener Trade Regulation (AR 286/2000)

is amended by this Regulation.

2 The title is repealed and the following is substituted:

LANDSCAPE HORTICULTURIST

TRADE REGULATION

Section 1(

d) is amended by striking out "landscape

gardener" and substituting "landscape horticulturist".

4 This Regulation comes into force on September 1, 2016.

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

Alberta Regulation 96/2016

Apprenticeship and Industry Training Act

STRUCTURAL STEEL AND PLATE FITTER TRADE

AMENDMENT REGULATION

Filed: June 22, 2016

For information only: Made by the Alberta Apprenticeship and Industry Training

Board on February 9, 2016 and approved by the Minister of Advanced Education on

June 14, 2016 pursuant to

section 33(2) of the Apprenticeship and Industry Training

Act.

1 The Structural Steel and Plate Fitter Trade Regulation

(AR 306/2000) is amended by this Regulation.

2 The title of the Regulation is amended by striking out

"STRUCTURAL STEEL AND PLATE FITTER" and

substituting "METAL FABRICATOR (FITTER)".

Section 1(

e) is amended by striking out "structural steel and

plate fitter" and substituting "metal fabricator (fitter)".

Section 4 is amended by striking out "1500" wherever it

occurs and substituting "1560".

5 This Regulation comes into force on September 1, 2016.

Alberta Regulation 97/2016

New Home Buyer Protection Act

NEW HOME BUYER PROTECTION (GENERAL)

AMENDMENT REGULATION

Filed: June 29, 2016

For information only: Made by the Lieutenant Governor in Council (O.C. 164/2016)

on June 28, 2016 pursuant to

section 28 of the New Home Buyer Protection Act.

1 The New Home Buyer Protection (General) Regulation

(AR 211/2013) is amended by this Regulation.

Section 1 is amended

(

a) by repealing subsection (1)(a);

(

b) by adding the following after subsection (1):

(1.1) In this Regulation, a reference to "the Act" includes the

regulations made under the statute.

Section 9(1) is amended by striking out "and" at the end

of clause (a), adding "and" at the end of clause (

b) and

adding the following after clause (b):

(

c) may collect information, including personal information,

about residential builders.

Section 10 is amended

(

a) in subsection (2) by striking out "and" at the end of

clause (f), adding "and" at the end of clause (

g) and

adding the following after clause (g):

(

h) any information required to be provided under

section 2

of the New Home Buyer Protection (Regional

Municipality of Wood Buffalo) Regulation.

(

b) in subsection (3) by striking out "and" at the end of

clause (d), adding "and" at the end of clause (

e) and

adding the following after clause (e):

(

f) the number of new homes, if any, for which a specified

person was the residential builder and for which the

warranty provider cancelled the home warranty

insurance contract before the commencement of the

protection period.

Section 11 is amended by adding the following after

subsection (5):

(6) A residential builder or warranty provider to whom the New

Home Buyer Protection (Regional Municipality of Wood Buffalo)

Regulation applies must provide the information required by that

Regulation in addition to the information required by this section.

Section 12(2) is amended by repealing clause (

b) and

substituting the following:

(

b) provide information to the public about residential builders

that are corporations and their directors, officers and agents

and warranty providers regarding

(

i) contraventions of or offences committed under the Act,

the Safety Codes Act, the Fair Trading Act, the

Municipal Government Act or similar legislation in

another province,

(ii) assignments and proceedings under the Bankruptcy and

Insolvency Act (Canada),

(iii) any compromise or arrangement proposed or

proceedings commenced under the Companies'

Creditors Arrangement Act (Canada),

(iv) relevant licences, permits or authorizations issued under

legislation in another province,

(

v) court orders requiring the payment of money, and

(vi) compliance orders issued, administrative penalties

imposed and penalties assessed under the Act or any

other legislation referred to in subclause (i).

7 This Regulation comes into force on June 30, 2016.

Alberta Regulation 98/2016

New Home Buyer Protection Act

NEW HOME BUYER PROTECTION (REGIONAL MUNICIPALITY

OF WOOD BUFFALO) REGULATION

Filed: June 29, 2016

For information only: Made by the Lieutenant Governor in Council (O.C. 165/2016)

on June 28, 2016 pursuant to

section 28 of the New Home Buyer Protection Act.

Table of Contents

Interpretation

2 Additional information regarding residential builders

and warranty providers

3 Publication of declarations

4 Administrative penalties

5 Transitional

6 Coming into force

Interpretation

1(1) In this Regulation,

(a) "building code" means the applicable Alberta Building Code

as declared in force by a regulation under the Safety Codes

Act;

(b) "Regional Municipality of Wood Buffalo" means the

specialized municipality established by Order in Council

numbered 817/94;

(c) "residential builder" means a person who is a residential

builder, as defined in the statute, in respect of a new home, or

a proposed new home, in the Regional Municipality of Wood

Buffalo;

(d) "statute" means the New Home Buyer Protection Act;

(e) "warranty provider" means a person who is a warranty

provider, as defined in

section 548.1(1) of the Insurance Act,

in respect of a new home, or a proposed new home, in the

Regional Municipality of Wood Buffalo.

(2) In this Regulation, a reference to "the Act" includes the regulations

made under the statute.

Additional information regarding residential builders

and warranty providers

2(1) In addition to the information required under

section 11(1) and

(2) of the New Home Buyer Protection (General) Regulation

(AR 211/2013), a residential builder must provide to the Registrar a

declaration that includes the following information:

(

a) a statement identifying all

(

i) convictions for offences committed by the residential

builder and in the case of a corporation by any director

or officer of the residential builder,

(ii) fines and other penalties, including administrative

penalties, imposed on the residential builder and in the

case of a corporation on any director or officer of the

residential builder,

(iii) compliance orders or other enforcement orders issued to

the residential builder and in the case of a corporation to

any director or officer of the residential builder, and

(iv) decisions, orders and notices issued to the residential

builder and in the case of a corporation to any director

or officer of the residential builder

under the Act, the Safety Codes Act, the Fair Trading Act, the

Municipal Government Act or similar legislation in another

province, and indicating whether the fine or other penalty has

been fully discharged or the order has been fully complied

with;

(

b) a statement as to whether there are any unpaid court

judgments against the residential builder and if so, providing

particulars of them;

(

c) a statement as to whether the residential builder has made an

assignment or is the subject of any proceedings under the

Bankruptcy and Insolvency Act (Canada);

(

d) a statement as to whether a compromise or arrangement has

been proposed or any proceedings commenced under the

Companies' Creditors Arrangement Act (Canada) in respect

of the residential builder;

(

e) a list of any companies whose business includes the

construction of a thing referred to in

section 2(1)(

a) to (

g) of

the Safety Codes Act and that are wholly or partly owned by

the residential builder;

(

f) a statement as to whether the residential builder is a resident

of Alberta or in the case of a corporation whether the

corporation is registered in Alberta and, if it is extra-

provincially registered, whether any directors of the

corporation are residents of Alberta;

(

g) a statement as to whether the residential builder owns a copy

of the building code and intends to comply with the building

code and require its employees and contractors to comply

with the building code.

(2) A residential builder must provide a new declaration under

subsection (1) whenever there is a change in any information required

to be included under that subsection.

(3) A declaration under subsection (1) may contain the following

information:

(

a) the relevant qualifications of the residential builder;

(

b) the number of new homes that the residential builder has

built in Alberta in the past;

(

c) a statement as to whether the residential builder holds a pre-

paid contracting business license under the Prepaid

Contracting Business Licensing Regulation (AR 185/99);

(

d) a statement as to whether the residential builder holds or has

held any relevant licence, permit or authorization issued by

another province and the number of new homes the

residential builder has built or is building in that province;

(

e) a statement as to whether the residential builder intends to

hire employees or engage contractors, or both, to construct or

reconstruct the new home, and a list of any contractors

intended to be engaged.

(4) Where a residential builder referred to in subsection (1) is a

corporation, a declaration under that subsection must be given by a

director of the corporation.

(5) Where under

section 11(3)(

d) of the New Home Buyer Protection

(General) Regulation (AR 211/2013) a warranty provider is required to

provide information to the Registrar concerning a residential builder,

the warranty provider must also provide to the Registrar a declaration

that includes information regarding all notices of defect, if any,

received by the warranty provider under

section 5 of the Home

Warranty Insurance Regulation (AR 225/2013) in respect of new

homes built by the residential builder.

(6) The Registrar may require any information that a residential

builder or a warranty provider is required to provide under this

section

section 11 of the New Home Buyer Protection (General) Regulation

(AR 211/2013) to be provided under oath or affirmation.

(7) Where a residential builder of a new home or a proposed new

home has not provided complete and accurate information, or has

provided information the Registrar considers to be superfluous in a

declaration under this section, the Registrar may refuse to register the

new home in the registry or to provide a permit issuer with proof of

warranty coverage.

Publication of declarations

3 The Registrar may publish, in any manner the Registrar considers

appropriate, a declaration provided under

section 2.

Administrative penalties

4(1) In addition to the administrative penalties that the Registrar may

impose under

section 14 of the New Home Buyer Protection (General)

Regulation (AR 211/2013), the Registrar may impose an

administrative penalty of between $250 and $10 000 for a residential

builder's or a warranty provider's failure to provide accurate

information under

section 11 of that Regulation or under

section 2.

(2) Section 14(2) to (4) of the New Home Buyer Protection (General)

Regulation (AR 211/2013) apply in respect of an administrative

penalty imposed under subsection (1).

Transitional

5 This Regulation does not apply in respect of a new home or a

proposed new home for which a building permit was applied before

June 30, 2016.

Coming into force

6 This Regulation comes into force on June 30, 2016.

Alberta Regulation 99/2016

Safety Codes Act

PERMIT AMENDMENT REGULATION

Filed: June 29, 2016

For information only: Made by the Lieutenant Governor in Council (O.C. 166/2016)

on June 28, 2016 pursuant to

section 65 of the Safety Codes Act.

1 The Permit Regulation (AR 204/2007) is amended by this

Regulation.

Section 6.1 is amended by adding the following after

subsection (3):

(4) Where a permit issuer issues a building permit for a proposed

new home, the permit issuer shall indicate on the permit the date

that it was applied for.

Section 26 is amended by adding the following after

clause (b):

(b.1) incorrect or insufficient information is provided under

section 11 of the New Home Buyer Protection (General)

Regulation or

section 2 of the New Home Buyer

Protection (Regional Municipality of Wood Buffalo)

Regulation,

(b.2) evidence provided under

section 6.1(2) was incorrect or

is no longer correct,

4 This Regulation comes into force on June 30, 2016.

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

Alberta Regulation 100/2016

Traffic Safety Act

TRANSPORTATION NETWORK COMPANIES REGULATION

Filed: June 29, 2016

For information only: Made by the Lieutenant Governor in Council (O.C. 168/2016)

on June 28, 2016 pursuant to

section 129.4 of the Traffic Safety Act.

Table of Contents

Interpretation

2 Approval of transportation network company operation

3 Appeal

4 Requirements

5 Records

6 Contents of notices of administrative penalties

7 Manner of determining amount of administrative penalty

8 Limitation period

9 Coming into force

Interpretation

1(1) For the purposes of the Act and this Regulation, "transportation

network company" means a corporation, partnership, sole

proprietorship, association or other entity or individual that connects

passengers with transportation network drivers for pre-arranged

transportation exclusively through the offering, use or operation of a

transportation network.

(2) In this Regulation,

(a) "Act" means the Traffic Safety Act;

(b) "for compensation" means that a transportation network

driver is being paid for the transportation services that a

transportation network automobile is being used to provide,

but does not include any payment when the transportation

network driver drives a motor vehicle, that is from time to

time operated as a transportation network automobile, for the

transportation of passengers on an incidental or occasional

basis and receives payment in respect of that transportation

of those passengers only in one or more of the following

forms:

(

i) as payment for the kilometres travelled at a rate not

exceeding the limit of tax exempt allowance paid by

employers to employees as prescribed in

section 7306

of the Income Tax Regulations (Canada - CRC

chapter

945);

(ii) as straight reimbursement for out of pocket expenses

directly related to the transportation, including, without

limitation, gas, parking, gate passes and tolls;

(iii) in a case where the transportation network driver is

party to an agreement to provide transportation to only

the transportation network driver's family members,

members of the transportation network driver's

household or persons for whom the transportation

network driver is a legal guardian, as compensation only

to provide transportation to those persons;

(c) "motor vehicle liability policy" means a motor vehicle

liability policy under the Insurance Act;

(d) "transportation network" means an online enabled

application, a digital platform, software, a website, or any

other system offered, used or operated by a transportation

network company and that is used by persons to pre-arrange

the transportation of passengers for compensation by a

transportation network driver;

(e) "transportation network automobile" means a motor vehicle

with a manufacturer's seating capacity originally designed

for 8 or fewer passengers, including the driver, used to

provide pre-arranged transportation of passengers for

compensation through the use of a transportation network,

but does not include a taxi;

(f) "transportation network automobile insurance policy" means

a contract of automobile insurance maintained by a

transportation network company that specifically covers

liabilities arising from a transportation network driver's use

or operation of a transportation network automobile for

transportation network services;

(g) "transportation network driver" means a person authorized

by a transportation network company to operate a

transportation network automobile to provide pre-arranged

transportation of passengers for compensation through the

use of a transportation network;

(h) "transportation network services" means

(

i) any time a transportation network driver operating a

transportation network automobile is logged onto a

transportation network for the purposes of accepting

requests for transportation services for compensation

from prospective passengers,

(ii) any time from the moment a transportation network

driver operating a transportation network automobile

has accepted a ride request through a transportation

network, continuing while that transportation network

driver is en route to pick up prospective passengers to

provide transportation services for compensation, and

ending when the first passenger enters the transportation

network automobile or a trip is cancelled, whichever is

later, or

(iii) any time from the moment a transportation network

driver operating a transportation network automobile

has passengers in a transportation network automobile,

continuing while such passengers are being transported

for compensation, and ending when the last passenger

departs from the transportation network automobile.

Approval of transportation network company operation

2(1) A transportation network company shall not operate in Alberta

without being authorized to do so by an approval granted by the

Registrar for that purpose.

(2) A person who wishes to obtain an approval to operate as a

transportation network company must apply to the Registrar for the

approval and provide the following information in a form acceptable to

the Registrar:

(

a) the transportation network company's name and principal

place of business in Alberta;

(

b) if the transportation network company does not have a

principal place of business in Alberta, the name and address

of the transportation network company's resident agent or

representative in Alberta;

(

c) the location in Alberta of the records referred to in

section

4(1), (2), (3) and (6) or a location from which, on demand by

a peace officer or the Registrar under

section 5, the records

can be produced;

(

d) the geographic scope of the transportation network

company's operations in Alberta;

(

e) the number of the transportation network company's

transportation network drivers in Alberta;

(

f) any additional information or material that the Registrar

considers appropriate to determine whether to grant the

approval.

(3) The Registrar may, after considering an application for an

approval,

(

a) issue to the applicant an approval, for a term of up to one

(

b) refuse the application for an approval.

(4) The Registrar may refuse to issue an approval to a person if

(

a) the person or the person's agent makes a false statement or

provides misleading information in the application for the

approval,

(

b) the person or the person's agent provides false information to

the Registrar,

(

c) the person or the person's agent refuses to provide the

information required under this Regulation to the Registrar,

(

d) the person has contravened any provision of the Act or the

regulations and, in the Registrar's opinion, that contravention

affects the person's fitness to hold an approval, or

(

e) in the opinion of the Registrar, it is not in the public interest

to issue an approval to the person.

(5) The Registrar shall

(

a) notify the applicant of the decision in writing,

(

b) if the application is refused, give reasons for the refusal and

notify the applicant of the applicant's right to appeal to the

Board under

section 3, and

the applicant's right to appeal to the Board under

section 3.

(6) A transportation network company shall notify the Registrar

immediately in writing if it ceases operations.

(7) On being notified under subsection (6), the Registrar shall cancel

the approval of the transportation network company.

(8) Despite subsection (1), a transportation network company that is

operating in Alberta on or before the date this Regulation comes into

force that has not submitted an application for an approval under this

Regulation and that complies with sections 4 and 5 is deemed to have

been issued an approval by the Registrar under subsection (3)(

a) and,

subject to subsections (9) and (10), may operate as a transportation

network company under this Regulation.

(9) The deemed approval under subsection (8) is in effect for 30 days

from the coming into force of this Regulation, within which time the

transportation network company referred to in subsection (8) shall

submit an application for an approval under subsection (2).

(10) If the transportation network company referred to in subsection

(8) does not submit an application for an approval within the time

specified in subsection (9), or the Registrar does not issue an approval,

the transportation network company shall cease operations.

(11) Subsections (8) to (10) are repealed 30 days after the coming into

force of this Regulation.

Appeal

3(1) An applicant may appeal a refusal of an application for an

the Board.

(2) In determining an appeal commenced pursuant to this section, the

Board may

(

a) confirm, vary or rescind the decision made by the Registrar,

(

b) set aside the decision made by the Registrar and make any

decision that the Registrar is empowered to make.

Requirements

4(1) A transportation network company shall ensure that all its

transportation network drivers have a valid and subsisting Class 1, 2 or

4 operator's licence as referred to in the Operator Licensing and

Vehicle Control Regulation (AR 320/2002) at all times that the

transportation network drivers provide transportation network services.

(2) A transportation network company shall ensure that any person

applying to it to be authorized as a transportation network driver has a

police information check and a vulnerable sector search, reviewed by

and acceptable to the transportation network company, prior to

authorizing that person to perform transportation network services.

(3) A transportation network company shall ensure that at all times all

its transportation network drivers have been issued a police

information check within the previous 12 months.

(4) A transportation network company shall not authorize any person

as a transportation network driver if during the 10 years immediately

preceding the person's application to be authorized as a transportation

network driver the person was convicted of an offence under the

Criminal Code (Canada) or the Controlled Drugs and Substances Act

(Canada) that is related to the functions, duties or business of a

transportation network company or a transportation network driver,

including, without limitation,

(

a) any offence of a violent nature, including firearms and

weapons offences,

(

b) any offence involving sexual assault, sexual exploitation,

sexual interference, procuring or invitation to sexual

touching,

(

c) trafficking,

(

d) any offence involving fraud or fraudulent transactions,

conspiracy to defraud, the use of false pretences, bribery,

extortion or theft, or

(

e) any offence relating to the unlawful operation of a motor

vehicle.

(5) A transportation network company shall not maintain the

authorization of any person as a transportation network driver if the

person is charged with or convicted of an offence under the Criminal

Code (Canada) or the Controlled Drugs and Substances Act (Canada)

that is related to the functions, duties or business of a transportation

network company or a transportation network driver, including,

without limitation,

(

a) any offence of a violent nature, including firearms and

weapons offences,

(

b) any offence involving sexual assault, sexual exploitation,

sexual interference, procuring or invitation to sexual

touching,

(

c) trafficking,

(

d) any offence involving fraud or fraudulent transactions,

conspiracy to defraud, the use of false pretences, bribery,

extortion or theft, or

(

e) any offence relating to the unlawful operation of a motor

vehicle.

(6) A transportation network company shall ensure that its

transportation network drivers and the transportation network

automobiles they operate are covered at all times that the drivers and

the automobiles provide transportation network services by either

(

a) a motor vehicle liability policy

(

i) that complies with the Insurance Act and its regulations,

(ii) that provides for insurance coverage of not less than

$1 000 000 for liability resulting from bodily injury to

or the death of one or more persons and loss of or

damage to property as a result of any single accident

that arises any time that a transportation network driver

or transportation network automobile is engaged in

providing transportation network services as described

section 1(2)(h), and

(iii) that provides for passenger hazard coverage of not less

than $1 000 000 for liability resulting from bodily injury

to or the death of one or more persons as a result of any

single accident that arises any time that a transportation

network driver or transportation network automobile is

engaged in providing transportation network services as

described in

section 1(2)(h)(iii),

(

b) a motor vehicle liability policy or a transportation network

automobile insurance policy

(

i) that has been approved in accordance with the

Insurance Act,

(ii) that complies with the Insurance Act and its regulations,

(iii) that provides for insurance coverage of not less than

$1 000 000 for liability resulting from bodily injury to

or the death of one or more persons and loss of or

damage to property as a result of any single accident

that arises any time that a transportation network driver

or transportation network automobile is engaged in

providing transportation network services as described

section 1(2)(h)(i), and

(iv) that provides for insurance coverage of not less than

$2 000 000 for liability resulting from bodily injury to

or the death of one or more persons and loss of or

damage to property as a result of any single accident

that arises any time that a transportation network driver

or transportation network automobile is engaged in

providing transportation network services as described

section 1(2)(h)(ii) and (iii).

(7) The requirements of subsection (6) may be satisfied by any of the

following:

(

a) insurance maintained by a transportation network company;

(

b) insurance maintained by a transportation network driver;

(

c) insurance maintained by the owner of a transportation

network automobile;

(

d) any combination of the insurance referred to in clauses (

a) to

(c).

(8) If the transportation network company obtains the motor vehicle

liability policy or the transportation network automobile insurance

policy referred to in subsection (6), the transportation network

company shall provide a copy of the policy, which may be in

electronic form, to its transportation network drivers.

(9) If subsection (8) applies, the transportation network company shall

disclose in writing to its transportation network drivers the types of

insurance coverage and the liability limits for each type of insurance

coverage provided under the motor vehicle liability policy or the

transportation network automobile insurance policy referred to in

subsection (6).

(10) The transportation network company shall advise its

transportation network drivers in writing that the driver's own personal

motor vehicle liability policy, having regard to its terms, may not

provide any coverage while the transportation network driver is

providing transportation network services.

(11) The transportation network company shall cooperate in respect of

the investigation of any loss or claim, and produce in writing to any

insurers, to any peace officer, and to any directly affected parties,

including anyone sustaining loss or injury, information or documents

related to the loss or claim.

(12) The information and documents referred to in subsection

(11) include the dates and times of an accident involving a transportation

network driver and transportation network automobile and the precise

times that the transportation network driver logged in and was logged

out of the transportation network.

(13) A transportation network company shall ensure that its

transportation network drivers do not solicit, accept or transport

passengers other than through the use of a transportation network.

(14) If any of the information required to be submitted under

section

2(2)(

a) to (

f) changes or is changed, the transportation network

company shall notify the Registrar within 15 days after the change.

Records

5(1) The documents or copies of the documents required by

section

4(1), (2), (3) and (6) must be maintained by the transportation network

company

(

a) for a minimum of 5 years for every transportation network

driver, and

(

b) for a minimum of 2 years after a former transportation

network driver's last recorded trip for that transportation

network company.

(2) The documents or copies of the documents required by

section

4(1), (2), (3) and (6) and any documents relating to the transportation

network company's operation must be produced by the transportation

network company within 24 hours of a demand by a peace officer or

the Registrar.

Contents of notices of administrative penalties

6(1) A notice of an administrative penalty imposed under

section

129.2 of the Act must contain the following information:

(

a) the name of the person on whom the administrative penalty is

imposed;

(

b) the provision of

Part 6.1 of the Act or of the regulations the

person has contravened or failed to comply with;

(

c) a brief description of the nature of the contravention or

failure to comply identified under clause (b);

(

d) the amount of the administrative penalty imposed;

(

e) whether the penalty is fixed or accumulates for each day or

part of a day that the contravention or failure to comply

occurs or continues;

(

f) the date the notice of the administrative penalty is issued;

(

g) the date by which the penalty must be paid, unless the

penalty is an accumulating penalty;

(

h) a statement describing the right of a person on whom the

administrative penalty is imposed to appeal the

administrative penalty to the Board, the addresses to which

the appeal is to be sent, how the appeal is to be made and the

date by which the appeal is to be made.

(2) The form of the notice of the administrative penalty, containing at

least the information described in subsection (1), must be approved by

the Registrar.

Manner of determining amount of administrative penalty

7(1) The Registrar is to determine the amount of the administrative

penalty imposed on a person after considering the following factors

and the considerations described in subsection (2):

(

a) the seriousness of the contravention or failure to comply;

(

b) the nature of the transportation network company operation;

(

c) whether an accident occurred or the danger that an accident

could have occurred as a result of the contravention or failure

to comply;

(

d) the history of contraventions of or failures to comply with

Part 6.1 of the Act or the regulations by the person on whom

the administrative penalty is imposed.

(2) The Registrar is to be guided by the following considerations:

(

a) the amount of the administrative penalty imposed should

reflect the seriousness of the contravention or failure to

comply;

(

b) the greater the danger or possibility that an accident could

have occurred, or the greater the degree of risk to people or

property that did occur as a result of the contravention or

failure to comply, or the fact that an accident did occur, the

higher the penalty should be;

(

c) the more times a person has previously been issued an

administrative penalty the higher the penalty should be;

(

d) the greater the degree of wilfulness or neglect in the

contravention or failure to comply, the higher the penalty

should be.

Limitation period

8 An administrative penalty may be imposed only within 6 months of

the date the Registrar first becomes aware of the contravention of or

failure to comply with

Part 6.1 of the Act or the regulation in respect of

which the administrative penalty is to be imposed.

Coming into force

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

section 9 of the Traffic Safety Amendment Act, 2016.

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

Alberta Regulation 101/2016

New Home Buyer Protection Act

NEW HOME BUYER PROTECTION (MINISTERIAL)

AMENDMENT REGULATION

Filed: June 29, 2016

For information only: Made by the Minister of Municipal Affairs(M.O. P:008/16) on

June 29, 2016 pursuant to

section 28(2) of the New Home Buyer Protection Act.

1 The New Home Buyer Protection (Ministerial) Regulation

(AR 220/2013) is amended by this Regulation.

Section 1 is repealed and the following is substituted:

Interpretation

1(1) In this Regulation,

(a) "appeal" means an appeal referred to in

section 17(1) of the

statute;

(b) "statute" means the New Home Buyer Protection Act.

(2) In this Regulation, a reference to "the Act" includes the

regulations made under the statute.

Section 2(2)(a)(iv) and (

v) are repealed and the following

is substituted:

(iv) Habitat for Humanity On the Border Lloydminster Society;

(

v) Habitat for Humanity Red Deer Region Society;

(vi) Habitat for Humanity Southern Alberta Society;

(vii) Habitat for Humanity - Wood Buffalo Society.

Section 11 is amended by adding the following after

subsection (1.1):

(1.2) A person affected by an action taken or a decision made by the

Registrar under

section 2 of the New Home Buyer Protection

(Regional Municipality of Wood Buffalo) Regulation may appeal the

action or decision.

5 This Regulation comes into force on June 30, 2016.

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

Alberta Regulation 102/2016

Environmental Protection and Enhancement Act

REMEDIATION CERTIFICATE (EXPIRY DATE EXTENSION)

AMENDMENT REGULATION

Filed: June 30, 2016

For information only: Made by the Lieutenant Governor in Council (O.C. 179/2016)

on June 29, 2016 pursuant to

section 120 of the Environmental Protection and

Enhancement Act.

1 The Remediation Certificate Regulation (AR 154/2009) is

amended by this Regulation.

Section 12 is amended by striking out "June 30, 2016" and

substituting "June 30, 2018".

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

Alberta Regulation 103/2016

Environmental Protection and Enhancement Act

CONSERVATION AND RECLAMATION (EXPIRY DATE EXTENSION)

AMENDMENT REGULATION

Filed: June 30, 2016

For information only: Made by the Lieutenant Governor in Council (O.C. 180/2016)

on June 29, 2016 pursuant to

section 146 of the Environmental Protection and

Enhancement Act.

1 The Conservation and Reclamation Regulation

(AR 115/93) is amended by this Regulation.

Section 25.1 is amended by striking out "June 30, 2016"

and substituting "June 30, 2018".

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

Alberta Regulation 104/2016

Environmental Protection and Enhancement Act

ENVIRONMENTAL AND PARKS REGULATIONS (EXPIRY DATE

EXTENSION) AMENDMENT REGULATION

Filed: June 30, 2016

For information only: Made by the Lieutenant Governor in Council (O.C. 181/2016)

on June 29, 2016 pursuant to

section 175 of the Environmental Protection and

Enhancement Act.

1 The Beverage Container Recycling Regulation

(AR 101/97) is amended in

section 22 by striking out "June

30, 2016" and substituting "June 30, 2018".

2 The Designated Material Recycling and Management

Regulation (AR 93/2004) is amended in

section 18 by

striking out "June 30, 2016" and substituting "June 30, 2018".

3 The Electronics Designation Regulation (AR 94/2004) is

amended in

section 5 by striking out "June 30, 2016" and

substituting "June 30, 2018".

4 The Lubricating Oil Material Recycling and Management

Regulation (AR 82/97) is amended in

section 11 by striking

out "June 30, 2016" and substituting "June 30, 2018".

5 The Paint and Paint Container Designation Regulation

(AR 200/2007) is amended in

section 4 by striking out "June

30, 2016" and substituting "June 30, 2018".

6 The Tire Designation Regulation (AR 95/2004) is

amended in

section 5 by striking out "June 30, 2016" and

substituting "June 30, 2018".

Alberta Regulation 105/2016

Environmental Protection and Enhancement Act

PESTICIDE SALES, HANDLING, USE AND APPLICATION (EXPIRY DATE

EXTENSION) AMENDMENT REGULATION

Filed: June 30, 2016

For information only: Made by the Lieutenant Governor in Council (O.C. 182/2016)

on June 29, 2016 pursuant to sections 86, 166 and 239 of the Environmental

Protection and Enhancement Act.

1 The Pesticide Sales, Handling, Use and Application

Regulation (AR 24/97) is amended by this Regulation.

Section 35.1 is amended by striking out "June 30, 2016"

and substituting "June 30, 2018".

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

Alberta Regulation 106/2016

Wildlife Act

WILDLIFE (EXPIRY DATE EXTENSION) AMENDMENT REGULATION

Filed: June 30, 2016

For information only: Made by the Lieutenant Governor in Council (O.C. 183/2016)

on June 29, 2016 and the Minister of Environment and Parks (M.O. 21/2016) on June

6, 2016 pursuant to sections 103 and 104 of the Wildlife Act and sections 1(

b) and 2

of the Wildlife Regulation.

1 The Wildlife Regulation (AR 143/97) is amended by this

Regulation.

Section 153 is amended by striking out "June 30, 2016"

and substituting "June 30, 2018 ".

Alberta Regulation 107/2016

Seniors' Home Adaptation and Repair Act

SENIORS' HOME ADAPTATION AND REPAIR REGULATION

Filed: June 30, 2016

For information only: Made by the Lieutenant Governor in Council (O.C. 187/2016)

on June 29, 2016 pursuant to

section 11 of the Seniors' Home Adaptation and Repair

Act.

Table of Contents

Interpretation

2 Application

3 Loan requirements

4 Approval of loan

6 Maximum loan value

7 Equity in eligible residence

8 Grant requirements

9 Maximum grant value

10 Payments

11 Ownership interests

12 Application deadline

13 Review

14 Payments to trustee or power of attorney

15 Payments to a third party

16 Accounting

17 Notice of change in eligible residence

18 Cancellation of certain contracts

19 Address of supplier unknown

20 Collection of information

21 Consequential amendment

22 Coming into force

Schedule

Interpretation

1(1) In this Regulation,

(a) "adaptation" means a structural modification to the exterior

or interior of an eligible residence that is designed to

improve, modernize or increase the usefulness of the eligible

residence and includes

(

i) the purchase of material for that purpose,

(ii) the relocation of any equipment, and

(iii) the modification of all or any parts of any plumbing,

heating, ventilating, air conditioning, sewage disposal,

water supply or electrical system;

(b) "benefit year" means July 1 in one year to June 30 of the

following year;

(c) "program" means the Seniors' Home Adaptation and Repair

Program;

(d) "renovation" means any modification to an eligible residence

that improves

(

i) the maintenance or structural integrity of the residence,

(ii) the health, safety or mobility of the occupants of the

residence, or

(iii) the energy efficiency of the residence;

(e) "repair" means to restore to good working order any portion

of an eligible residence that has been damaged or is defective

or broken;

(f) "senior couple" means 2 individuals who are the spouses or

adult interdependent partners of each other and at least one of

whom is an eligible owner.

(2) In this Regulation, subject to any applicable deductions set out in

subsection (3), "total income" means

(

a) in respect of an owner or each individual in a senior couple,

(

i) the total income shown on line 150 of the Notice of

Assessment in respect of the income tax return filed by

the person under the Income Tax Act (Canada), or

(ii) if a Notice of Assessment is not available, the amount

that is determined by the Minister using the same

income information that would have been used by the

person to report total income on line 150 of an income

tax return,

(

b) in respect of a senior couple, the sum of the 2 individuals'

total incomes determined in accordance with clause (a), and

(

c) in respect of a senior couple where the 2 individuals have

jointly elected to split pension income, the sum of

(

i) the amount shown on line 150 of the Notice of

Assessment less the amount shown on line 210 of the

income tax return filed under the Income Tax Act

(Canada) by the individual who is receiving the pension,

and

(ii) the amount shown on line 150 of the Notice of

Assessment in respect of the income tax return filed

under the Income Tax Act (Canada) by the other

individual,

where the amount deducted on line 210 of the income tax

return filed for the individual who is receiving the pension

and the amount claimed on line 116 of the other individual's

income tax return are the same.

(3) The following amounts are deductions for the purposes of

calculating total income:

(

a) the amount shown on line 125 of each individual's income

tax return for Registered Disability Savings Plan income;

(

b) the supplementary accommodation assistance component of

the benefit under the Seniors Benefit Act General Regulation

(AR 213/94) paid and claimed on the previous year's income

tax return filed by the individual;

(

c) the Canada Pension Plan Death Benefit claimed on the

income tax return filed by the individual;

(

d) any other amount determined by the Minister.

Application

2(1) An application for a loan or grant under the program must be

made in accordance with this section.

(2) An application under this

section must be in the form approved by

the Minister and must be signed by

(

a) an owner who meets the requirements set out in

section 2(1)

of the Act,

(

b) the spouse or adult interdependent partner of an owner

referred to in clause (a), and

(

c) all the other owners, if any, of the eligible residence.

(3) Information submitted in an application under this

section may be

used to determine whether an owner is eligible to receive a loan or a

grant under the program.

(4) If the requirements for a loan under the Act and this Regulation are

met, a loan may be made for a repair, renovation or adaptation of the

owner's eligible residence.

(5) If the requirements for a loan are not met, the application may be

reviewed to determine if the requirements under the Act and this

Regulation for a grant under the program are met.

(6) If the requirements under the Act and this Regulation for a grant

under the program are met, a grant may be made for a repair of the

owner's eligible residence.

Loan requirements

3(1) For the purposes of

section 2(1)(a)(iii) and (b)(iv) of the Act, an

owner must meet each of the following requirements:

(

a) the owner must be a Canadian citizen or be lawfully admitted

to Canada for permanent residence;

(

b) the owner must be an Alberta resident and have been an

Alberta resident for at least 3 months immediately preceding

the date on which the application is received;

(

c) the total income of the owner or senior couple must be

$75 000 or less;

(

d) the owner must provide the Minister with any information

required by the Minister in respect of the application.

(2) The Minister may in exceptional circumstances, after taking into

consideration all of the relevant factors, except an owner from the age

requirement specified in

section 2(1)(a)(ii) or (b)(iii) of the Act.

(3) A loan may not be made if

(

a) there is only one eligible owner and the eligible owner is an

inmate of a correctional institution as defined in the

Corrections Act or of a prison as defined in the Criminal

Code (Canada), or

(

b) the total value of the repair, renovation or adaptation eligible

for the loan is less than $500.

Approval of loan

4(1) If the Minister is satisfied that the requirements of the Act and

this Regulation for a loan have been met, the Minister may approve the

application.

(2) Where the Minister approves an application for a loan, the

application form signed by the owners referred to in

section 2(2)

constitutes the Seniors' Home Adaptation and Repair Loan Agreement.

Home Adaptation and Repair Loan Agreement referred to in

section

4(2) in respect of the following:

(

a) authorizing the Minister to register a caveat or impose a

charge on an interest in the property that is an eligible

residence;

(

b) setting out requirements for an owner to notify the Minister

of the death of an owner or when the property is transferred

or encumbered;

(

c) establishing when or in what circumstances an eligible owner

is to repay the loan or part of the loan, together with interest;

(

d) specifying the extent to which an owner will be liable for

costs or expenses to the Minister where an action for

recovery or enforcement is commenced;

(

e) stipulating whether the rights or benefits in a loan agreement

may be assigned;

(

f) specifying the form or extent of insurance that must be

maintained or provided to the Minister;

(

g) respecting the consequences of an owner providing false or

misleading information;

(

h) authorizing the Minister to collect, use, share or disclose

personal information relating to the application for a loan in

certain circumstances;

(

i) confirming that an owner has reviewed certain information in

respect of the loan application or the administration of the

program;

(

j) confirming that an owner is aware of the cancellation rights

under the Act;

(

k) stipulating in what circumstances a loan may be made to an

owner;

(

l) specifying that the loan payments may be made by a lump

sum or by instalment;

Minister, for the purposes of approving or providing the loan,

set out in the Seniors' Home Adaptation and Repair Loan

Agreement.

Maximum loan value

6 The maximum loan amount that may be owing at any time by an

eligible owner or senior couple is $40 000, excluding interest.

Equity in eligible residence

7(1) For the purposes of

section 2(2)(

a) of the Act, the prescribed

percentage is 25%.

(2) For the purposes of

section 2(2)(

a) of the Act, the owners' equity

in the eligible residence expressed as a percentage of the value of the

eligible residence is determined by the following formula:

E% = (A - [B + L]) x 100

where

E% is the owners' equity in the eligible residence;

A is the most recent assessment of the eligible residence as

shown on the assessment roll prepared under the Municipal

Government Act or The Lloydminster Charter

(AR 212/2012);

B is the total amount of encumbrances outstanding in respect of

the eligible residence;

L is the amount of the loan requested.

Grant requirements

8(1) For the purposes of

section 5(1)(

f) of the Act, an owner must

meet each of the following requirements:

(

a) the owner must be a Canadian citizen or be lawfully admitted

to Canada for permanent residence;

(

b) the owner must be an Alberta resident and have been an

Alberta resident for at least 3 months immediately preceding

the date on which the application is received;

(

c) the total income of the owner or senior couple must not

exceed the income thresholds for single seniors and senior

couples to qualify for primary funded items provided under

section 8.1(1) of the Seniors Benefit Act General Regulation

(AR 213/94);

(

d) the owner must have completed an application in the form

provided under

section 2(1) of the Seniors Benefit Act

General Regulation (AR 213/94).

(2) A grant may be made only if the total value of the repair eligible

for the grant is a minimum of $500.

(3) A grant may not be made to an eligible owner who is an inmate of

a correctional institution as defined in the Corrections Act or of a

prison as defined in the Criminal Code (Canada).

(4) The Minister may by order designate

(

a) additional eligibility criteria, factors and conditions that must

be met in respect of a repair to be paid for by a grant,

(

b) the maximum number of repairs in respect of which grants

may be made and the frequency with which grants may be

made to any eligible owner or senior couple, either annually

or in a lifetime, or both, and

(

c) the maximum amount that may be paid for each repair.

Maximum grant value

9 The maximum amount that an eligible owner or senior couple is

eligible to receive as a grant under this Regulation, either through a

single grant or multiple grants, is

(a) $5000 each benefit year, and

(b) $15 000 in a lifetime.

Payments

10 The Minister may provide for the payment of a grant in a lump

sum or by instalments at the times the Minister considers appropriate.

Ownership interests

11(1) For the purposes of

section 2(1)(a)(

i) and (b)(

i) and

section

5(1)(b)(

i) of the Act, a lease of public lands granted by the Minister

responsible for the National Parks of Canada Lease and Licence of

Occupation Regulations (SOR/92-25) is an ownership interest in the

land of an eligible residence.

(2) For the purposes of

section 5(1)(b)(iv) of the Act, an ownership

interest in an eligible residence includes

(

a) an interest in the eligible residence by a settlement member

who is the holder of Metis title in accordance with the Metis

Settlements Act, and

(

b) any other interest in the eligible residence determined by the

Minister.

Application deadline

12(1) The owners of an eligible residence are ineligible to receive a

loan in respect of a repair, renovation or adaptation that was completed

more than 12 months prior to the date the application for the loan was

received by the Minister, unless exempted by the Minister.

(2) The owners of an eligible residence are ineligible to receive a grant

in respect of a repair that was completed more than 12 months prior to

the date the application was received by the Minister, unless exempted

by the Minister.

(3) A grant may not be made in respect of a repair that was completed

prior to July 1, 2016.

Review

13(1) A request for a review under

section 6 of the Act must be made

by submitting a written request to the Executive Director of the

program.

(2) In making a decision on a review, the Executive Director must

determine whether a loan or grant may be made to the individual in

accordance with the Act and this Regulation.

Payments to trustee or power of attorney

14(1) The Minister, for the benefit of a recipient of a loan or grant,

may pay the loan or grant to a person who

(

a) submits a completed application in a form satisfactory to the

Minister, and

(

b) provides the Minister with a copy of a trusteeship document,

power of attorney or other similar document satisfactory to

the Minister.

(2) A person must notify the Minister as soon as possible if the person

ceases to hold a power of attorney for the recipient of the loan or grant

or ceases to be the trustee of the recipient of the loan or grant.

Payments to a third party

15 The Minister may provide the amount of the loan or grant directly

to the supplier of services or goods and services for the repair,

renovation or adaptation.

Accounting

16(1) The Minister may require that the recipient of a loan or grant

(

a) provide information satisfactory to the Minister to determine

whether the recipient has complied or is complying with all

(

b) account to the satisfaction of the Minister for how the loan or

grant or any portion of it was or is being used, and

(

c) permit a representative of the Minister to examine any books

or records that the Minister considers necessary to determine

whether the loan or grant or any portion of it was or is being

used properly.

(2) Without limiting subsection (1), the recipient of a loan or grant

shall, within the period of time determined by the Minister or by any

later date provided for under subsection (3), account to the Minister, in

the manner that the Minister determines, for the way in which the loan

or grant has been spent.

(3) The Minister may, in writing, extend the time period referred to in

subsection (2).

(4) For the purposes of this section, the Minister may request the

recipient to provide any evidence or documents, including photographs

or an inspector's report, demonstrating that the loan or grant was used

for the purpose for which it was requested.

Notice of change in eligible residence

17 For the purposes of

section 4(2) of the Act, if any of the

circumstances set out in

section 4(1) of the Act occur, the owners of

the eligible residence or their personal representatives shall provide

notice of the change in circumstances to the Minister by telephone or

in writing.

Cancellation of certain contracts

18(1) A statement of cancellation rights referred to in

section 7(3)(

c) of the Act must

(

a) be in writing,

(

b) contain

(

i) in the case of a contract that is in writing, the words

specified in Option 1 set out in the Schedule, or

(ii) in the case of a contract that is not in writing, the words

specified in Option 2 set out in the Schedule,

(

c) show the headings in not less than 12 point bold type,

(

d) show the statements of the 45-day application period and

30-day cancellation period in not less than 12 point bold

type,

(

e) show the waiver of cancellation rights in not less than 12

point bold type, and

(

f) show the remainder of the information in not less than 10

point type.

(2) If the contract is in writing, the statement of cancellation rights

must be

(

a) printed on the front of the contract,

(

b) attached to the contract as an appendix that forms part of the

contract, or

(

c) otherwise included in the contract, in which case a notice

must be printed on the front of the contract, in not less than

12 point bold type, indicating where in the contract the

statement of cancellation rights is included.

Address of supplier unknown

19 If a consumer is not able to find an address for a supplier referred

to in

section 8(5) of the Act, the consumer may send or deliver a

written notice of cancellation to the head office of the program.

Collection of information

20 Information collected under the Act and this Regulation may be

used and shared with programs under the Seniors Benefit Act and

programs under the Seniors' Property Tax Deferral Act for the purpose

of administering the Act and this Regulation and the programs under

the Seniors Benefit Act and the Seniors' Property Tax Deferral Act.

Consequential amendment

21(1) The Health Information Regulation (AR 70/2001) is

amended by this section.

(2) Sections 5(2)(h.1) and 7(

c) are amended by adding ", the

Seniors' Home Adaptation and Repair Act" after "Seniors Benefit

Act".

Coming into force

22 This Regulation comes into force on July 1, 2016.

Schedule

One of the following options must appear in each statement of

cancellation rights:

OPTION 1

(Use this option for a contract that is in writing)

Consumer's Right Under the Seniors' Home Adaptation

and Repair Act to Cancel Contract

Right to Cancel Contract

You may cancel this contract if

(

a) you apply to the Seniors' Home Adaptation and Repair

Program for a loan to pay for costs of the services or goods

and services to be provided under this contract,

(

b) your application is received by the Program within 45 days of

the date of this contract, and

(

c) you receive notice that your application for a loan under the

Program is not approved.

If you decide to cancel this contract because your application for a loan

under the Program is not approved, you must do so within 30 days

after receiving notice that your application is not approved.

The right to cancel this contract does not restrict, limit or derogate

from any other legal, equitable or statutory right or remedy you may

have, including any right or remedy under the Fair Trading Act. For

more information about rights and remedies under the Fair Trading

Act, you may contact Service Alberta at the Consumer Contact Centre.

To cancel this contract, you may give notice of cancellation by any of

the following methods:

(

a) personal service;

(

b) registered mail;

(

c) courier;

(

d) fax;

(

e) any other method, including orally, by which you can

provide evidence of the date that you cancelled the contract.

[Details for notice - insert supplier's address, including e-mail

address, if any, and fax or phone number, if any.]

If you cancel this contract, the supplier has 15 days to refund your

money.

Loss of Right to Cancel

You lose the right to cancel this contract if you accept delivery of the

goods, or provision of the services, to be provided under this contract,

in whole or in part.

Waiver of Right to Cancel

You may choose to waive your right under the Seniors' Home

Adaptation and Repair Act to cancel this contract. You may waive

your right to cancel this contract by initialling below. By initialling,

(

a) you are requesting the supplier to provide the goods or

services whether or not you apply for or receive a loan under

the Act,

(

b) you acknowledge that you have read and understand this

statement setting out your right under the Seniors' Home

Adaptation and Repair Act to cancel this contract, and

(

c) you waive your right under

section 7 of the Seniors' Home

Adaptation and Repair Act to cancel this contract.

I waive my right under the Seniors' Home Adaptation and Repair Act

to cancel this contract: _______

(Initials)

OPTION 2

(Use this option for a contract that is not in writing)

Consumer's Right Under the Seniors' Home Adaptation

and Repair Act to Cancel Contract

Right to Cancel Contract

You may cancel the contract between you

[insert name of consumer]

and

[insert name of supplier]

dated [insert date of contract]

(

a) you apply to the Seniors' Home Adaptation and Repair

Program for a loan to pay for costs of the services or goods

and services to be provided under the contract,

(

b) your application is received by the Program within 45 days of

the date of the contract, and

(

c) you receive notice that your application for a loan under the

Program is not approved.

If you decide to cancel the contract because your application for a loan

is not approved, you must do so within 30 days after receiving notice

that your application for a loan is not approved.

The right to cancel the contract does not restrict, limit or derogate from

any other legal, equitable or statutory right or remedy you may have,

including any right or remedy under the Fair Trading Act. For more

information about rights and remedies under the Fair Trading Act, you

may contact Service Alberta at the Consumer Contact Centre.

To cancel the contract, you may give notice of cancellation by any of

the following methods:

(

a) personal service;

(

b) registered mail;

(

c) courier;

(

d) fax;

(

e) any other method, including orally, by which you can

provide evidence of the date that you cancelled the contract.

[Details for notice - insert supplier's address, including e-mail

address, if any, and fax or phone number, if any.]

If you cancel the contract, the supplier has 15 days to refund your

money.

Loss of Right to Cancel

You lose the right to cancel the contract if you accept delivery of the

goods, or provision of the services, to be provided under the contract,

in whole or in part.

Waiver of Right to Cancel

You may choose to waive your right under the Seniors' Home

Adaptation and Repair Act to cancel the contract. You may waive

your right to cancel the contract by initialling below. By initialling,

(

a) you are requesting the supplier to provide the goods or

services whether or not you apply for or receive a loan under

the Act,

(

b) you acknowledge that you have read and understand this

statement setting out your right under the Seniors' Home

Adaptation and Repair Act to cancel the contract, and

(

c) you waive your right under

section 7 of the Seniors' Home

Adaptation and Repair Act to cancel the contract.

I waive my right under the Seniors' Home Adaptation and Repair Act

to cancel the contract: _______

(Initials)

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

Alberta Regulation 108/2016

Environmental Protection and Enhancement Act

PESTICIDE (MINISTERIAL) (EXPIRY DATE EXTENSION)

AMENDENT REGULATION

Filed: June 30, 2016

For information only: Made by the Minister of Environment and Parks

(M.O. 23/2016) on June 6, 2016 pursuant to sections 85 and 165 of the Environmental

Protection and Enhancement Act.

1 The Pesticide (Ministerial) Regulation (AR 43/97) is

amended by this Regulation.

Section 22.1 is amended by striking out "June 30, 2016"

and substituting "June 30, 2018".

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

Alberta Regulation 109/2016

Pharmacy and Drug Act

SCHEDULED DRUGS AMENDMENT REGULATION

Filed: June 30, 2016

For information only: Made by the Minister of Health (M.O. 41/2016) on June 29,

2016 pursuant to

section 34(1) of the Pharmacy and Drug Act.

1 The Scheduled Drugs Regulation (AR 66/2007) is

amended by this Regulation.

Section 5 is repealed.