Alberta Gazette — 30 June 2007 (Part II)

30 June 2007

Alberta — Gazette

Alberta Gazette — 30 June 2007 (Part II)

30 June 2007

Alberta — Gazette

Alberta Regulation 114/2007

Mobile Home Sites Tenancies Act

MOBILE HOME SITES TENANCIES MINISTERIAL

AMENDMENT REGULATION

Filed: June 1, 2007

For information only: Made by the Minister of Service Alberta (M.O. C:012/2007)

on June 1, 2007 pursuant to

section 66 of the Mobile Home Sites Tenancies Act.

1 The Mobile Home Sites Tenancies Ministerial Regulation

(AR 54/96) is amended by this Regulation.

2 The following is added after

section 2:

Modification of rent increase frequency set out in Act

2.1(1) The references to "180 days" in

section 16(3)(

a) and (

b) of

the Act shall be read as references to "365 days".

(2) Despite

section 16(3) of the Act as modified by subsection (1), a

landlord shall not increase the rent payable under a tenancy

agreement in respect of a periodic tenancy after the landlord has

served a notice of termination on the tenant under

section 13(1) of

the Act.

Rent increase for fixed term tenancies

2.2(1) Despite any agreement, declaration, waiver or statement to

the contrary, a landlord shall not increase the rent payable by a

tenant under a tenancy agreement in respect of a fixed term tenancy

for a term of one year or more or recover any additional rent

resulting from an increase during the term of the tenancy.

(2) Despite any agreement, declaration, waiver or statement to the

contrary, a landlord shall not increase the rent payable by a tenant

who is occupying the same premises under 2 or more consecutive

tenancy agreements in respect of fixed term tenancies each for a term

of less than one year or recover any additional rent resulting from an

increase unless at least 365 days has passed since

(

a) the commencement of the first of those tenancies, whether

the first of those tenancies commenced before or after the

coming into force on this section, or

(

b) the last increase in rent,

whichever is later.

(3) Despite subsection (2)(b), if the 365th day occurs during the

term of a fixed term tenancy, the landlord shall not increase the rent

until the expiration of that tenancy.

3 The following is added after

section 9:

Offence

9.1(1) A landlord who fails to give the minimum required notice

under

section 8, 9, 10, 13, 14 or 16(1) of the Act is guilty of an

offence and liable to a fine of not more than $10 000.

(2) A landlord who contravenes

section 16(3) of the Act as modified

section 2.1(1) of this Regulation is guilty of an offence and liable

to a fine of not more than $10 000.

(3) A landlord who contravenes

section 2.1(2) or 2.2 of this

Regulation is guilty of an offence and liable to a fine of not more

than $10 000.

4 This Regulation is deemed to have come into force on

April 24, 2007.

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

Alberta Regulation 115/2007

Residential Tenancies Act

RESIDENTIAL TENANCIES MINISTERIAL AMENDMENT REGULATION

Filed: June 1, 2007

For information only: Made by the Minister of Service Alberta (M.O. C:011/2007)

on June 1, 2007 pursuant to

section 70 of the Residential Tenancies Act.

1 The Residential Tenancies Ministerial Regulation

(AR 211/2004) is amended by this Regulation.

2 The following is added after

section 2:

Modification of notice periods set out in Act

2.1(1) Despite sections 7, 8 and 9 of the Act, a landlord may

terminate a periodic tenancy for the reason prescribed in

section

2(2)(c)(ii) of this Regulation only if the landlord serves on the tenant

a notice to terminate the tenancy 365 days before the date set out in

the notice to terminate.

(2) The reference to "180 days" in

section 12(2) of the Act shall be

read as a reference to "365 days".

Section 3 is repealed and the following is substituted:

Rent increase

3(1) Despite any agreement, declaration, waiver or statement to the

contrary, for the purposes of

section 14(4) of the Act, a landlord

shall not increase the rent payable by a tenant under a residential

tenancy agreement in respect of a periodic tenancy or recover any

additional rent resulting from an increase unless at least 365 days has

passed since

(

a) the commencement of the tenancy, whether the tenancy

commenced before or after the coming into force of this

section, or

(

b) the last increase in rent,

whichever is later.

(2) Despite subsection (1), a landlord shall not increase the rent

payable by a tenant under a residential tenancy agreement in respect

of a periodic tenancy after the landlord has served a notice of

termination on the tenant under

section 12(2) of the Act or for the

reason prescribed in

section 2(2)(c)(ii) of this Regulation.

(3) Despite any agreement, declaration, waiver or statement to the

contrary, a landlord shall not increase the rent payable by a tenant

under a residential tenancy agreement in respect of a fixed term

tenancy for a term of one year or more or recover any additional rent

resulting from an increase during the term of the tenancy.

(4) Despite any agreement, declaration, waiver or statement to the

contrary, a landlord shall not increase the rent payable by a tenant

who is occupying the same premises under 2 or more consecutive

residential tenancy agreements in respect of fixed term tenancies

each for a term of less than one year or recover any additional rent

resulting from an increase unless at least 365 days has passed since

(

a) the commencement of the first of those tenancies, whether

the first of those tenancies commenced before or after the

coming into force of this section, or

(

b) the last increase in rent,

whichever is later.

(5) Despite subsection (4)(b), if the 365th day occurs during the

term of a fixed term tenancy, the landlord shall not increase the rent

until the expiration of that tenancy.

Section 11 is amended

(

a) by renumbering it as

section 11(1);

(

b) in subsection (1) by striking out "section 70(l)" and

substituting "section 70(1)(l)";

(

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

(2) A landlord who fails to give the minimum required notice

under

section 11 or 14 of the Act or under

section 7, 8, 9 or 12 of

the Act as modified by

section 2.1 of this Regulation is guilty of

an offence and liable to a fine of not more than $10 000.

(3) A landlord who contravenes

section 3 of this Regulation is

guilty of an offence and liable to a fine of not more than $10 000.

5 This Regulation is deemed to have come into force on

April 24, 2007.

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

Alberta Regulation 116/2007

Metis Settlements Act

METIS SETTLEMENTS OMBUDSMAN REGULATION

Filed: June 4, 2007

For information only: Made by the Minister of International, Intergovernmental and

Aboriginal Relations (M.O. 16/2007) on June 1, 2007 pursuant to

section 175.1 of the

Metis Settlements Act.

Table of Contents

Definitions

2 Purpose

Part 1

Office and Role of the Metis

Settlements Ombudsman

3 Office of the Metis Settlements Ombudsman

4 Appointment of the Metis Settlements Ombudsman

5 Term of office

6 Removal from office

7 Investigators and other staff

8 Authority of Metis Settlements Ombudsman

and investigators

9 Ombudsman authorized to perform Ministerial powers

10 Referring matters to the Metis Settlements Ombudsman

11 Internal management and operation

12 Reports

Part 2

Metis Settlements Ombudsman Selection

Committee and Transitional Issues

13 Committee established

14 Transition

15 Expiry

16 Coming into force

Definitions

1 In this Regulation,

(a) "Act" means the Metis Settlements Act;

(b) "investigator" means an investigator appointed under

section

(c) "Metis Settlements Ombudsman" means the Metis

Settlements Ombudsman appointed by the Minister under

section 4.

Purpose

2 The purpose of this Regulation is to further the attainment of self-

governance by Metis settlements under the laws of Alberta while

preserving and enhancing Metis culture and identity.

Part 1

Office and Role of the Metis

Settlements Ombudsman

Office of the Metis Settlements Ombudsman

3 The Office of the Metis Settlements Ombudsman is established.

Appointment of the Metis Settlements Ombudsman

4(1) The Minister must appoint an individual as Metis Settlements

Ombudsman for the term described in

section 5(1), or if required, for a

term described in

section 5(3).

(2) The Minister, after considering the recommendation of the Metis

Settlements Ombudsman Selection Committee established under

Part

2, must appoint an individual as Metis Settlements Ombudsman for the

term described in

section 5(2).

(3) The individual appointed as Metis Settlements Ombudsman must

(

a) be a Canadian citizen,

(

b) be of good character,

(

c) be familiar with Metis history and the history of the

settlements in Alberta, and have the capacity to recognize

and implement the purpose of this Regulation, and

(

d) have sufficient integrity, education, qualifications and

experience to perform the functions, powers and duties

conferred on the Metis Settlements Ombudsman.

Term of office

5(1) The term of office of the first Metis Settlements Ombudsman

appointed under this Regulation expires 2 years after the effective date

of appointment, but that person may be reappointed under subsection

(2).

(2) The term of office of each Metis Settlements Ombudsman

appointed after the first Metis Settlements Ombudsman, other than a

person appointed under subsection (3), is 5 years, and a person may be

reappointed as Metis Settlements Ombudsman any number of times.

(3) If the Metis Settlements Ombudsman dies, resigns or is removed

from office, an individual must be appointed by the Minister under

section 4(1) as Metis Settlements Ombudsman for the unexpired period

of the term, or for any longer or shorter period the Minister considers

appropriate, and

section 4(2) does not apply to that appointment.

Removal from office

6(1) The Metis Settlements Ombudsman may be removed from office

by the Minister for any of the following causes only:

(

a) incapacity;

(

b) neglect of duty;

(

c) misconduct;

(

d) bankruptcy.

(2) The Minister may establish a process for the purpose of making a

decision under subsection (1).

Investigators and other staff

7(1) Investigators and other staff necessary for the Office of the Metis

Settlements Ombudsman must be appointed by the Metis Settlements

Ombudsman and the appointment of investigators and other staff may

only be terminated by the Metis Settlements Ombudsman.

(2) The individual appointed as an investigator must

(

a) be of good character,

(

b) unless the Metis Settlements Ombudsman decides that it is

unnecessary in particular circumstances, be familiar with

Metis history and the history of the settlements in Alberta,

and

(

c) have sufficient integrity, education, qualifications and

experience to perform the functions, powers and duties of an

investigator.

Authority of Metis Settlements Ombudsman

and investigators

8(1) The Metis Settlements Ombudsman and investigators are each

authorized to perform all or any of the functions, powers and duties of

an investigator under sections 171 to 175 of the Act with respect to

(

a) a settlement, or

(

b) an entity that is directly or indirectly controlled by a

settlement council or by persons who are employees or

officials of a settlement.

(2) The exercise of authority by an investigator is subject to the

direction and control of the Metis Settlements Ombudsman.

Ombudsman authorized to perform Ministerial powers

9 The Metis Settlements Ombudsman is authorized to perform all or

any of the functions, powers and duties of the Minister under sections

171 to 175 of the Metis Settlements Act, except for the authority under

section 172(2) of the Act, with respect to

(

a) a settlement, or

(

b) an entity that is directly or indirectly controlled by a

settlement council or by persons who are employees or

officials of a settlement.

Referring matters to the Metis Settlements Ombudsman

10(1) Recognizing the purpose of this Regulation, the Metis

Settlements Ombudsman is authorized to make rules governing and

dealing with

(

a) the manner in which matters are to be referred to the Metis

Settlements Ombudsman and by whom, and

(

b) the process or processes for dealing with those matters.

(2) The Metis Settlements Ombudsman must distribute copies of the

rules referred to in subsection (1) to the Minister, General Council,

settlement councils and any other person that the Metis Settlements

Ombudsman considers appropriate.

Internal management and operation

11(1) Recognizing the purpose of this Regulation, the Metis

Settlements Ombudsman is authorized to make rules respecting the

internal management and operation of the Office of the Metis

Settlements Ombudsman.

(2) The Metis Settlements Ombudsman must distribute copies of the

rules referred to in subsection (1) to the Minister, General Council,

settlement councils and any other person that the Metis Settlements

Ombudsman considers appropriate.

Reports

12(1) The Metis Settlements Ombudsman must

(

a) make an annual report of the activities of the Office of the

Metis Settlements Ombudsman each year to the Minister,

General Council, settlement councils and to any other person

that the Metis Settlements Ombudsman considers necessary,

and

(

b) make any other report that the Minister requires.

(2) The Metis Settlements Ombudsman may make any report to the

Minister, General Council, a settlement council or any other person

that the Metis Settlements Ombudsman considers necessary or

appropriate.

Part 2

Metis Settlements Ombudsman

Selection Committee and

Transitional Issues

Committee established

13(1) The Metis Settlements Ombudsman Selection Committee is

established for the purpose of making a recommendation to the

Minister under

section 4(2).

(2) The Metis Settlements Ombudsman Selection Committee consists

of 3 persons who are appointed as follows:

(

a) one person is to be appointed by the Minister;

(

b) one person is to be appointed by the General Council;

(

c) one person is to be appointed jointly by the members

appointed under clauses (

a) and (b).

(3) If the General Council fails to make the appointment under

subsection (2)(

b) within 30 days after a request from the Minister to do

so, the Minister may make the appointment.

(4) If the 2 members appointed under subsection (2)(

a) and (

b) are

unable to agree on a person to be appointed as the 3rd member under

subsection (2)(c), the Minister must make the appointment.

(5) The members of the Metis Settlements Ombudsman Selection

Committee must appoint a chair from among them.

(6) If the Metis Settlements Ombudsman Selection Committee is

unable to make a recommendation on the appointment of an individual

as the Metis Settlements Ombudsman, the Minister may act alone.

(7) The mandate of the members of the Metis Settlements

Ombudsman Selection Committee ends once a recommendation is

made under

section 4(2) unless the Minister otherwise directs.

Transition

14(1) The Metis Settlements Ombudsman is the successor to Harley

Johnson in his capacity as a person authorized to exercise or perform

the powers and duties conferred on the Minister under the Ministerial

Order dated April 14, 2003.

(2) In particular, and without limitation,

(

a) the rules, policies, procedures and protocols of Harley

Johnson acting under the Ministerial Order are the rules,

policies, procedures and protocols of the Metis Settlements

Ombudsman,

(

b) a complaint made to Harley Johnson, acting under the

Ministerial Order, whether or not investigated or reported on

before this Regulation comes into force, is a complaint made

to the Metis Settlements Ombudsman,

(

c) a review, investigation, inspection, audit or activity ongoing

under the authority of the Ministerial Order is a review,

investigation, inspection, audit or activity of the Metis

Settlements Ombudsman, and

(

d) all files, records, information, audits, data, complaints,

reports or material in the possession or under the control of

Harley Johnson in his capacity acting under the Ministerial

Order, is to be provided to and is in the possession and under

the control of the Metis Settlements Ombudsman.

Expiry

15 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 May 31, 2014.

Coming into force

16 This Regulation comes into force on June 4, 2007.

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

Alberta Regulation 117/2007

Safety Codes Act

BUILDING CODE REGULATION

Filed: June 6, 2007

For information only: Made by the Lieutenant Governor in Council (O.C. 252/2007)

on June 6, 2007 pursuant to

section 65 of the Safety Codes Act.

Table of Contents

1 Code in force

2 Disclaimer

3 Repeal

4 Expiry

5 Coming into force

Code in force

1 The Alberta Building Code 2006, as established by the Safety

Codes Council and published by the National Research Council of

Canada, is declared in force in respect of buildings.

Disclaimer

2 The Code declared in force in this Regulation, and any codes and

standards referred to in that Code, do not make or imply any assurance

or guarantee by the Crown in right of Alberta with respect to the life

expectancy, durability or operating performance of materials,

appliances, systems and equipment referred to in that Code, codes or

standards.

Repeal

3(1) The Building Code Regulation (AR 50/98) is repealed.

(2) Notwithstanding subsection (1), the Building Code Regulation

(AR 50/98) remains in force

(

a) for work for which a permit is issued by a safety codes

officer or other person designated by an Administrator

pursuant to

section 44 of the Safety Codes Act prior to

September 2, 2007, or

(

b) for work for which a permit application is submitted prior to

March 2, 2008 to a safety codes officer or other person

designated by an Administrator pursuant to

section 44 of the

Safety Codes Act who is satisfied that the preparation of the

plans and specifications for the project commenced prior to

September 2, 2007,

until that work has been completed or the permit has expired or been

revoked.

Expiry

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

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

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

Regulation expires on November 30, 2016.

Coming into force

5 This Regulation comes into force on September 2, 2007.

Alberta Regulation 118/2007

Safety Codes Act

FIRE CODE REGULATION

Filed: June 6, 2007

For information only: Made by the Lieutenant Governor in Council (O.C. 253/2007)

on June 6, 2007 pursuant to

section 65 of the Safety Codes Act.

Table of Contents

1 Code in force

2 Disclaimer

3 Repeal

4 Expiry

5 Coming into force

Code in force

1 The Alberta Fire Code 2006, as established by the Safety Codes

Council and published by the National Research Council of Canada, is

declared in force in respect of fire protection.

Disclaimer

2 The Code declared in force in this Regulation, and any codes and

standards referred to in that Code, do not make or imply any assurance

or guarantee by the Crown in right of Alberta with respect to the life

expectancy, durability or operating performance of materials,

appliances, systems and equipment referred to in that Code, codes or

standards.

Repeal

3 The Fire Code Regulation (AR 52/98) is repealed.

Expiry

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

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

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

Regulation expires on November 30, 2016.

Coming into force

5 This Regulation comes into force on September 2, 2007.

Alberta Regulation 119/2007

Safety Codes Act

PLUMBING CODE REGULATION

Filed: June 6, 2007

For information only: Made by the Lieutenant Governor in Council (O.C. 254/2007)

on June 6, 2007 pursuant to

section 65 of the Safety Codes Act.

Table of Contents

Interpretation

2 Exemption

3 Approved equipment

4 Plumbing Code

5 Crown disclaimer

6 Repeal

7 Expiry

8 Coming into force

Interpretation

1(1) In this Regulation,

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

(b) "certification body" means an organization accredited by the

Standards Council of Canada as a certification body;

(c) "Code" means the National Plumbing Code of Canada 2005.

(2) The

definitions in the Act and the Code apply to the words used in

this Regulation.

Exemption

2 This Regulation does not apply to plumbing systems that are

private sewage disposal systems.

Approved equipment

3(1) If the Code requires approved equipment, that equipment must

meet the requirements of subsection (2).

(2) No person shall, for use in Alberta, manufacture, install, sell or

offer for sale any equipment related to plumbing systems unless the

equipment has been

(

a) tested and certified by a certification body, or

(

b) inspected and approved by a certification body and the

equipment bears evidence of having been accepted in the

manner authorized by the certification body.

Plumbing Code

4(1) The National Plumbing Code of Canada 2005, as published by

the National Research Council of Canada and as varied by this section,

is declared in force in respect of plumbing systems other than private

sewage disposal systems.

(2) The Code is varied in Division A Sentence 1.1.1.1.(3) by

striking out "National Building Code of Canada 2005" and

substituting "Alberta Building Code 2006".

(3) The Code is varied in Division A Sentence A-2.2.1.1.(1)

by striking out "National Building Code, the National Fire Code"

and substituting "Alberta Building Code 2006, the Alberta Fire

Code 2006".

(4) The Code is varied in Division A Sentence A-3.2.1.1.(1)

by striking out "National Building Code, the National Fire Code"

and substituting "Alberta Building Code 2006, the Alberta Fire

Code 2006".

(5) The code is varied in Division B

Article 1.3.2.1

(

a) by striking out "NBC" and substituting "ABC";

(

b) by striking out "National Building Code of Canada 2005"

and substituting "Alberta Building Code 2006";

(

c) by striking out "NFC" and substituting "AFC";

(

d) by striking out "National Fire Code of Canada 2005" and

substituting "Alberta Fire Code 2006".

(6) The Code is varied in Division B Sentences 2.1.3.1.(1),

2.2.5.12.(2), 2.2.5.12.(3), 2.2.6.7.(3) and 2.4.10.4.(1) by

striking out "NBC" and substituting "ABC".

(7) Division B

Article 2.4.2.1 of the Code is varied by adding

the following after Sentence (4):

(5) The soil-or-waste pipe serving a clothes washer shall not be

less than 50 mm and separately vented or the connection shall be

downstream of all fixtures that are circuit vented.

(8) Division B Sentence 2.4.3.1.(1) of the Code is varied by

striking out "(See

Article 3.7.2.6 of Division B of the NBC.)" and

substituting "(See

Article 7.2.2.4 of Division B of the ABC.)".

(9) Division B Sentence 2.4.8.2.(1) of the Code is varied by

striking out "1200 mm" and substituting "900 mm".

(10) Division B Sentence 2.5.2.1.(1) of the Code is varied by

striking out Clause (

c) and substituting the following:

(

c) where 2 water closets are connected at the same level it shall

be by means of a double sanitary T fitting if the vent pipe is

vertical and by means of a double Y fitting if the vent pipe is

horizontal,

(11) Division B

Article 2.5.4.2 of the Code is varied by

striking out Sentence (1) and substituting the following:

(1) Except as provided in Sentence (2), a vent stack shall be

installed to protect the base of every soil-or-waste stack that has

fixtures draining to it on more than 4 storeys.

(12) Division B Sentence 2.5.4.5.(1) of the Code is varied by

adding "relief vent," after "additional circuit vent,".

(13) Division B

Article 2.5.5.2 of the Code is varied by

striking out "NFC" and substituting "AFC".

(14) Division B

Article 2.5.9.1 of the Code is varied by

adding the following after Sentence (1):

(2) Except for fixtures located in island counters, air admittance

valves shall not be used in new construction.

(15) Division B Sentence 2.5.9.3.(5) of the Code is varied by

striking out "Sentence 2.5.6.2.(1)" and substituting "Sentence

2.5.8.4.(5)".

(16) Division B of the Code is varied by striking out

Article

2.6.2.4 and substituting the following:

2.6.2.4. Backflow from Fire Protection Systems

(1) A backflow preventer shall not be required in residential full

flow-through fire sprinkler/sandpipe systems in which the pipes

and fittings are constructed of potable water system materials.

(2) Backflow caused by back-siphonage or back pressure from

fire sprinkler systems where water treatment is not added shall be

prevented by the installation of not less than an Approved

Double Check Valve Assembly, and such a device shall not

adversely affect the designed performance of the system.

(3) Backflow caused by back-siphonage or back pressure from

standpipe systems where water treatment is not added shall be

prevented by the installation of not less than an Approved

Double Check Valve Assembly, and such a device shall not

adversely affect the designed performance of the system.

Crown disclaimer

5 The Code referred to in, and as varied by,

section 4 and any code or

standards referenced in that Code do not make or imply any assurance

or guarantee by the Crown in right of Alberta with respect to life

expectancy, durability or operating performance of equipment or

materials referenced in the codes or standards.

Repeal

6 The Plumbing Code Regulation (AR 219/97) is repealed.

Expiry

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

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

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

Regulation expires on November 1, 2016.

Coming into force

8 This Regulation comes into force on September 2, 2007.

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

Alberta Regulation 120/2007

Emblems of Alberta Act

ALBERTA SYMBOLS OF DISTINCTION REGULATION

Filed: June 6, 2007

For information only: Made by the Lieutenant Governor in Council (O.C. 255/2007)

on June 6, 2007 pursuant to

section 11.1 of the Emblems of Alberta Act.

Criteria

1 For the purpose of

section 11.1 of the Emblems of Alberta Act, the

following criteria must be met before a thing, including music and

works of art, is prescribed as an Alberta Symbol of Distinction:

(

a) must represent a cultural group that has contributed to

Alberta's culturally diverse society;

(

b) must not duplicate or significantly resemble the symbol of

another cultural group;

(

c) must be unique to Alberta or represent Alberta in some

manner;

(

d) must not be religious in nature;

(

e) must be non-partisan;

(

f) must not be offensive or promote hatred, racism or

divisiveness.

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

Alberta Regulation 121/2007

Electric Utilities Act

TRANSMISSION AMENDMENT REGULATION

Filed: June 6, 2007

For information only: Made by the Lieutenant Governor in Council (O.C. 260/2007)

on June 6, 2007 pursuant to

section 142 of the Electric Utilities Act.

1 The Transmission Regulation (AR 86/2007) is amended

by this Regulation.

Section 53 is amended by striking out "section 50" and

substituting "section 52".

Alberta Regulation 122/2007

Seniors Benefit Act

GENERAL AMENDMENT REGULATION

Filed: June 6, 2007

For information only: Made by the Lieutenant Governor in Council (O.C. 263/2007)

on June 6, 2007 pursuant to

section 6 of the Seniors Benefit Act.

1 The General Regulation (AR 213/94) is amended by this

Regulation.

2 The title of the Regulation is amended by adding

"SENIORS BENEFIT ACT" before "GENERAL".

Section 8.1(1) is amended

(

a) in clause (

c) by striking out "$21 700" and

substituting "$22 200";

(

b) in clause (

d) by striking out "$34 900" and

substituting "$35 900".

Section 12.1 is amended by striking out "2007" and

substituting "2010".

5 The

Schedule is amended by repealing the Table and

substituting the following:

TABLE

CALCULATION OF THE CASH BENEFIT

Part 1

Accommodation and

Relationship

Category

Percentage

Maximum

Annual Cash

Benefit

Homeowner

Single senior

Senior couple

17.54%

17.83%

$2880

$4320

Renter

Single senior

Senior couple

17.54%

17.83%

$2880

$4320

Lodge Resident

Single senior

Senior couple

17.54%

17.83%

$2880

$4320

Long-term Care

Centre

Single senior

Senior couple

17.54%

17.83%

$2880

$4320

Designated Assisted

Living Unit

Single senior

Senior couple

17.54%

17.83%

$2880

$4320

All other

Accommodation

Single senior

Senior couple

11.33%

15.35%

$1860

$3720

Part 2

Accommodation

Assistance Only

(Seniors not eligible

for OAS)

Percentage of Benefit

(as calculated above)

Single senior

Senior couple

Homeowner

Renter

Lodge resident

Long-term care centre

resident

51.39%

51.39%

51.39%

51.39%

34.26%

34.26%

34.26%

34.26%

Designated Assisted

Living Unit

51.39%

34.26%

Part 3

Accommodation and

Relationship

Category

Percentage

Maximum

Annual

Supplementary

Accommodation

Benefit

Long-term Care

Centre

41.30%

$6780

Designated Assisted

Living Unit

41.30%

$6780

(Note: The benefit calculations in this table apply with respect

to July 2007 and following months.)

6 This Regulation comes into force on July 1, 2007.

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

Alberta Regulation 123/2007

Public Sector Pension Plans Act

LOCAL AUTHORITIES PENSION PLAN (SYLVAN LAKE MUNICIPAL

LIBRARY BOARD) AMENDMENT REGULATION

Filed: June 6, 2007

For information only: Made by the Lieutenant Governor in Council (O.C. 264/2007)

on June 6, 2007 pursuant to

Schedule 1,

section 4 of the Public Sector Pension Plans

Act.

1 The Local Authorities Pension Plan (AR 366/93) is

amended by this Regulation.

Part 1 of

Schedule 2 is amended by adding the following

to the list in its appropriate alphabetical order:

Sylvan Lake Municipal Library Board

Alberta Regulation 124/2007

Wildlife Act

WILDLIFE (2007 HUNTING SEASON - JOINT AUTHORITY)

AMENDMENT REGULATION

Filed: June 7, 2007

For information only: Made by the Lieutenant Governor in Council (O.C. 242/2007)

on May 30, 2007 pursuant to

section 104 of the Wildlife Act.

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

Regulation.

Section 130(4) is repealed and the following is

substituted:

(4) A person who kills a cougar shall personally submit a report to

the Service and,

(

a) where the cougar was hunted in accordance with a

section 7(8) exemption, deliver either the skull and the

skin or the whole carcass to an appointed officer within

one week after the killing for disposition by the Service,

(

b) where the cougar was killed under any other

circumstances, deliver the skin to an appointed officer

not later than the end of the first usual business day of

the Service after the animal was killed.

Schedule 1 is amended

(

a) in

section 4(1)(

b) by adding "or (6)" after "8(2)";

(

b) in

section 7 by repealing subsection (8) and

substituting the following:

(8) Cougar may be hunted, otherwise than by trapping or by

the use of dogs, on privately owned land by the owner or

occupant of that land, but the property in a cougar killed under

those circumstances remains in the Crown.

(

c) in

section 12

(

i) in subsection (1) by adding "541," after "540,";

(ii) in subsection (2) by striking out "2" the first 2

times it occurs and substituting "43";

(iii) in subsection (2.1) by striking out "34"

wherever it occurs and substituting "43";

(

d) in

section 19

(

i) by striking out "animals are" and substituting

"is";

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

(

i) the feathers of migratory game birds, but only for

the purposes and under the conditions stated in

section 12.1(1) of the Migratory Birds Regulations

(Canada) (C.R.C., c. 1035).

(

e) in

section 21(1) and (1.01) by adding "elk," after

"moose,".

4 Item 1 of

Part 2 of

Schedule 9 is amended by striking out

"General" and substituting "Provincial Parks (General)".

Schedule 15 is amended

(

a) in

section 6 by adding "except when hunting under a

section 7(8) exemption" after "for cougar";

(

b) in

section 8 by adding the following after

subsection (5):

(6) A resident may hunt bobcat, otherwise than by trapping,

from November 1 to the last day of February in

(

a) WMU 102, 104, 106, 108, 112, 116, 118 or 119, or

(

b) the portion of WMU 110 that lies east of highway 2 and

south of highway

Section 3(c)(

i) comes into force if and when Wildlife

Management Unit 541 is added by a future Ministerial

Regulation to

Schedule 9, and that subclause expires and is

formally repealed if that result is not effected within 2 years

after the filing of this Regulation under the Regulations Act.

Alberta Regulation 125/2007

Municipal Government Act

SUBDIVISION AND DEVELOPMENT FORMS AMENDMENT REGULATION

Filed: June 11, 2007

For information only: Made by the Minister of Municipal Affairs and Housing

(M.O. L:108/07) on June 6, 2007 pursuant to

section 604 of the Municipal

Government Act.

1 The Subdivision and Development Forms Regulation

(AR 44/2002) is amended by this Regulation.

Section 3 is amended by striking out "June 30, 2007" and

substituting "June 30, 2009".

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

Alberta Regulation 126/2007

Municipal Government Act

SUBDIVISION AND DEVELOPMENT AMENDMENT REGULATION

Filed: June 13, 2007

For information only: Made by the Lieutenant Governor in Council (O.C. 266/2007)

on June 13, 2007 pursuant to

section 694 of the Municipal Government Act.

1 The Subdivision and Development Regulation

(AR 43/2002) is amended by this Regulation.

Section 25 is amended by striking out "June 30, 2007" and

substituting "June 30, 2009".

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

Alberta Regulation 127/2007

Income and Employment Supports Act

INCOME SUPPORTS, HEALTH AND TRAINING BENEFITS

AMENDMENT REGULATION

Filed: June 13, 2007

For information only: Made by the Lieutenant Governor in Council (O.C. 267/2007)

on June 13, 2007 pursuant to

section 18 of the Income and Employment Supports Act.

1 The Income Supports, Health and Training Benefits

Regulation (AR 60/2004) is amended by this Regulation.

Section 1 is amended

(

a) in subsection (1)(

i) by striking out "Human Resources

and Employment" and substituting "Employment,

Immigration and Industry";

(

b) in subsection (3) by striking out "(1)(

e) applies" and

substituting "1(

e) and (

j) apply".

Section 5(2) is amended by repealing clauses (

e) and (f).

4 The following is added after

section 5:

Exempt assets vehicles

5.1(1) A vehicle that is specially adapted to accommodate a

disability of a member of the household unit is an exempt asset.

(2) Other vehicles of a reasonable value are exempt assets.

(3) If a member of a household unit is a full-time learner, all

vehicles are exempt assets.

Section 6(4)(

a) is amended

(

a) by adding the following after subclause (viii):

(viii.1) an Alberta Family Employment Tax Credit received

from the Government of Alberta;

(

b) in subclause (xiv) by adding "not including a student

or the Government of Alberta" after "institution".

Section 18 is amended by repealing clause (

a) and

substituting the following:

(

a) persons ordinarily resident on an Indian reserve who are

eligible for financial support from the federal government;

Section 19 is repealed and following is substituted:

Emergency benefits

19 A Director may provide income support and benefits or health

benefits that would otherwise not be payable under this Regulation

because the financial resources available to a household unit

exceed its budgetary requirements if

(

a) the Director considers that not providing the benefit

would result in extreme hardship to the household unit,

(

b) the household unit does not have sufficient liquid assets,

and

(

c) the household unit does not have any non-exempt

assets.

Section 22 is amended

(

a) by repealing subsection (2) and substituting the

following:

(2) Notwithstanding subsection (1), an adult who

(

a) is participating full time in an educational training

program that is not an approved training program, and

(

b) is not receiving training benefits

is not eligible for health benefits, unless the Minister determines

otherwise.

(

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

(7) An adult is financially eligible for health benefits until the

first date of annual renewal for the health benefits if the

combined prescribed income or current income of the adult

members of the household unit less cost of prescription drugs

and the essential diabetic supplies required by the household unit

is equal to or less than the maximum qualifying income level as

determined by the Minister for the purpose of this section.

(8) A pregnant adult who is not in receipt of income support and

benefits is financially eligible for health benefits until the end of

the month of the adult's expected delivery date if the combined

prescribed income or current income of the person and her

cohabiting partner is equal to or less than the maximum

qualifying income level as determined by the Minister for the

purpose of this section.

Section 23(2.1) is repealed and the following is

substituted:

(2.1) A dependent child is financially eligible for health benefits

until the next date for annual renewal if the child is a member of a

household unit where either the combined current income less the

cost of ongoing health needs of the household unit or the combined

prescribed income of the adults in the household unit is equal to or

less than the maximum qualifying income level as determined by the

Minister for the purpose of this section.

Section 24 is repealed.

Section 25 is repealed and the following is substituted:

Annual renewals

25 A person who has been in receipt of a health benefit pursuant

section 22(3) to (7) continues to be financially eligible until the

next date for annual renewal if no other health benefit coverage is

reasonably available to cover the costs of the ongoing health needs

and

(

a) the combined prescribed income of the person and his

or her cohabiting partner is equal to or less than the

maximum income level prescribed by the Minister for

the purpose of this section, or

(

b) the combined current income of the person and his or

her cohabiting partner less the cost of ongoing health

needs of the household unit of which the person is a

member is equal to or less than the maximum income

level prescribed under clause (a).

Section 34 is amended

(

a) in subsection (1)

(

i) by repealing clause (

b) and substituting the

following:

(

b) the member has not attended high school for 12

consecutive months,

(ii) by repealing clause (

c) and substituting the

following:

(

c) the member is a resident of Alberta, and

(

b) by repealing subsection (2);

(

c) in subsection (3)

(

i) in clause (

a) by striking out "the income level set

out in the Table in

Schedule 4 for the household

composition" and substituting "the maximum

qualifying income level as determined by the Minister

for the purpose of this section";

(ii) by repealing clause (

b) and substituting the

following:

(

b) the household unit has Registered Retirement

Savings Plans of a total combined value that

exceeds $100 000, or

Section 35 is amended by adding the following after

subsection (7):

(8) With respect to full-time learners who begin an approved

training program on or before July 31, 2007, a reference to Table A

under this Regulation means Table A as it read on July 31, 2007.

Schedule 1 is amended

(

a) by repealing Table A and substituting the following:

Table A: Core Essential Benefit

(monthly amounts)

ETW

NETW

Learner

Single Adult

$ 234

$ 319

$ 395

Childless Couple

Single Adult With

1 Child

$ 304

$ 394

$ 650

2 Children

3 Children

4 Children

5 Children

6 Children

Each Additional

Child Add

$ 56

$ 56

$ 56

Couple With

1 Child

$ 473

$ 596

$ 734

2 Children

3 Children

4 Children

5 Children

6 Children

Each Additional

Child Add

$ 56

$ 56

$ 56

NOTE:

Core Essential Table assumes all children are under 12 years of age.

For each dependent child 12 - 19 years of age in a household unit

designated in the expected to work or working or the not expected to

work categories add $33.

(

b) by repealing Table A and substituting the following:

Table A: Core Essential Benefit

(monthly amounts)

ETW

NETW

Learner

Single Adult

$ 234

$ 319

$ 431

Childless Couple

Single Adult With

1 Child

$ 304

$ 394

$ 710

2 Children

3 Children

4 Children

5 Children

6 Children

Each Additional

Child Add

$ 56

$ 56

$ 56

Couple With

1 Child

$ 473

$ 596

$ 799

2 Children

3 Children

4 Children

5 Children

6 Children

Each Additional

Child Add

$ 56

$ 56

$ 56

NOTES:

1. Core Essential Table assumes all children are under 12 years of

age. For each dependent child 12 - 19 years of age in a household unit

designated in the expected to work or working or the not expected to

work categories add $33.

2. Learners who begin training on or before July 31, 2007 are subject

to this Table as it read on July 31, 2007.

Schedule 2 is amended in

section 8 by striking out

"$50" and substituting "$86".

Schedule 3 is amended

(

a) in

section 12(2) by striking out "$300" and

substituting "$500";

(

b) in

section 18.1 by adding "Plan" after "Savings"

wherever it occurs.

Schedule 4 is repealed.

18(1) Sections 5(a), 14(a), 15 and 16(

a) come into force on

July 1, 2007.

(2) Sections 3, 4, 6, 8(b), 9, 10, 11, 12, 13, 14(

b) and 17 come

into force on August 1, 2007.

Alberta Regulation 128/2007

Income and Employment Supports Act

CHILD AND ADULT SUPPORT SERVICES AMENDMENT REGULATION

Filed: June 13, 2007

For information only: Made by the Lieutenant Governor in Council (O.C. 268/2007)

on June 13, 2007 pursuant to

section 33 of the Income and Employment Supports Act.

1 The Child and Adult Support Services Regulation

(AR 61/2004) is amended by this Regulation.

Section 6 is amended by striking out ", excluding GST,".

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

Alberta Regulation 129/2007

Public Sector Pension Plans Act

PUBLIC SECTOR PENSION PLANS (PSPP/MEPP ACTING PAY)

AMENDMENT REGULATION

Filed: June 13, 2007

For information only: Made by the Lieutenant Governor in Council (O.C. 277/2007)

on June 13, 2007 pursuant to

Schedule 2,

section 4 and

Schedule 5,

section 4 of the

Public Sector Pension Plans Act.

Part 1

Public Service Pension Plan

1 The Public Service Pension Plan (AR 368/93) is amended

section 2(1)(ll) by striking out ", and remuneration paid for

working on weekends" and substituting "and for work performed

on weekends and acting pay (that is, extra pay for the performance on

a temporary basis of duties at a higher level than the duties referred to

in subclause (i))".

Part 2

Management Employees

Pension Plan

2 The Management Employees Pension Plan (AR 367/93) is

amended in

section 2(1)(ll) by adding ", except that it includes

acting pay (that is, extra pay for the performance on a temporary basis

of duties at a higher level than the duties referred to in subclause (i))

which the employer treats as salary under the employer's established

salary policy for pension purposes" after "compensation".

Alberta Regulation 130/2007

Personal Property Security Act

PERSONAL PROPERTY SECURITY AMENDMENT REGULATION

Filed: June 13, 2007

For information only: Made by the Lieutenant Governor in Council (O.C. 279/2007)

on June 13, 2007 pursuant to

section 73 of the Personal Property Security Act.

1 The Personal Property Security Regulation (AR 95/2001)

is amended by this Regulation.

Section 36(2)(

a) and (

c) are amended by striking out

" "securities" " and substituting " "investment property" ".

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

Alberta Regulation 131/2007

Apprenticeship and Industry Training Act

RECREATION VEHICLE SERVICE TECHNICIAN TRADE

AMENDMENT REGULATION

Filed: June 13, 2007

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

Board on May 18, 2007 pursuant to

section 33(2) of the Apprenticeship and Industry

Training Act and approved by the Minister of Advanced Education and Technology

on June 11, 2007 pursuant to

section 33(2) of the Apprenticeship and Industry

Training Act.

1 The Recreation Vehicle Service Technician Trade

Regulation (AR 299/2000) is amended by this Regulation.

Section 1(

c) is amended by repealing subclause (ii).

Alberta Regulation 132/2007

Apprenticeship and Industry Training Act

HEAVY EQUIPMENT TECHNICIAN TRADE AMENDMENT REGULATION

Filed: June 13, 2007

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

Board on May 18, 2007 pursuant to

section 33(2) of the Apprenticeship and Industry

Training Act and approved by the Minister of Advanced Education and Technology

on June 11, 2007 pursuant to

section 33(2) of the Apprenticeship and Industry

Training Act.

1 The Heavy Equipment Technician Trade Regulation

(AR 282/2000) is amended by this Regulation.

Section 9 is amended

(

a) by repealing subsection (2.1) and substituting the

following:

(2.1) Subsection (2) does not apply to an apprentice who is

engaged in an apprenticeship program

(

a) in the heavy equipment technician branch of the trade

and has completed all the requirements required or

approved by the Board for advancement into the 4th

period of that apprenticeship program,

(

b) in the heavy duty equipment mechanic (off road) branch

of the trade and has completed all the requirements

required or approved by the Board for advancement into

the 3rd period of that apprenticeship program, or

(

c) in the truck and transport mechanic branch of the trade

and has completed all the requirements required or

approved by the Board for advancement into the 3rd

period of that apprenticeship program.

(

b) in subsection (3)(

a) by striking out ", truck and

transport mechanic branch".

Section 15 is amended

(

a) by repealing subsection (2.1) and substituting the

following:

(2.1) Subsection (2) does not apply to an apprentice who is

engaged in an apprenticeship program

(

a) in the heavy equipment technician branch of the trade

and has completed all the requirements required or

approved by the Board for advancement into the 4th

period of that apprenticeship program,

(

b) in the heavy duty equipment mechanic (off road) branch

of the trade and has completed all the requirements

required or approved by the Board for advancement into

the 3rd period of that apprenticeship program, or

(

c) in the truck and transport mechanic branch of the trade

and has completed all the requirements required or

approved by the Board for advancement into the 3rd

period of that apprenticeship program.

(

b) in subsection (3)

(

i) in clause (

a) by striking out ", the truck and

transport mechanic branch";

(ii) in clause (

b) by striking out "the truck and

transport mechanic branch or".

Section 21 is amended

(

a) by repealing subsection (2.1) and substituting the

following:

(2.1) Subsection (2) does not apply to an apprentice who is

engaged in an apprenticeship program

(

a) in the heavy equipment technician branch of the trade

and has completed all the requirements required or

approved by the Board for advancement into the 4th

period of that apprenticeship program,

(

b) in the heavy duty equipment mechanic (off road) branch

of the trade and has completed all the requirements

required or approved by the Board for advancement into

the 3rd period of that apprenticeship program, or

(

c) in the truck and transport mechanic branch of the trade

and has completed all the requirements required or

approved by the Board for advancement into the 3rd

period of that apprenticeship program.

(

b) in subsection (3)(

b) by striking out "truck and transport

mechanic branch or".

Section 27 is amended

(

a) in subsection (2) by striking out "A person" and

substituting "Subject to subsection (2.1), a person";

(

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

(2.1) Subsection (2) does not apply to an apprentice who is

engaged in an apprenticeship program

(

a) in the heavy equipment technician branch of the trade

and has completed all the requirements required or

approved by the Board for advancement into the 4th

period of that apprenticeship program,

(

b) in the heavy duty equipment mechanic (off road) branch

of the trade and has completed all the requirements

required or approved by the Board for advancement into

the 3rd period of that apprenticeship program, or

(

c) in the truck and transport mechanic branch of the trade

and has completed all the requirements required or

approved by the Board for advancement into the 3rd

period of that apprenticeship program.

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

Alberta Regulation 133/2007

Apprenticeship and Industry Training Act

IRONWORKER TRADE AMENDMENT REGULATION

Filed: June 13, 2007

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

Board on May 18, 2007 pursuant to sections 22.1(1) and 33(2) of the Apprenticeship

and Industry Training Act and approved by the Minister of Advanced Education and

Technology on June 11, 2007 pursuant to sections 22.1(1) and 33(2) of the

Apprenticeship and Industry Training Act.

1 The Ironworker Trade Regulation (AR 156/2006) is

amended by this Regulation.

Section 1 is amended by adding the following after

clause (b):

(b.1) "structures" means the following:

(

i) curtain walls;

(ii) bridges;

(iii) metal building systems as defined in

section 11;

(iv) steel, concrete or precast structures not referred to in

subclauses (

i) to (iii);

(

v) platforms, ladders, walkways, floors, roofs, supports

and similar equipment related to or used in respect of

structures referred to in subclauses (

i) to (iv);

Section 5 is repealed.

4 The following is added after

section 18:

Quebec structural ironworkers

18.1(1) In this section, "Quebec structural ironworker's

certificate" means a certificat de comp‚tence compagnon issued by

the Commission de la construction du Qu‚bec in the occupation of

monteur d'acier de structure.

(2) Even though a person is not otherwise permitted under the

Apprenticeship and Industry Training Act to work in the

structural/ornamental branch of the trade, a person may carry out

the tasks, activities and functions in the undertakings that

constitute that branch of the trade, except for the undertaking of the

field fabrication and erection of ornamental metal work, if the

person holds a Quebec structural ironworker's certificate.

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

Alberta Regulation 134/2007

Employment Standards Code

EMPLOYMENT STANDARDS AMENDMENT REGULATION

Filed: June 14, 2007

For information only: Made by the Lieutenant Governor in Council (O.C. 281/2007)

on June 14, 2007 pursuant to

section 138 of the Employment Standards Code.

1 The Employment Standards Regulation (AR 14/97) is

amended by this Regulation.

Section 9 is amended

(

a) in clause (

a) by striking out "$7.00" and substituting

"$8.00";

(

b) in clause (

b) by striking out "the rate is $280" and

substituting "the rate is $320";

(

c) in clause (

c) by striking out "the rate is $1335" and

substituting "the rate is $1525";

Section 12(1) is amended

(

a) in clause (

a) by striking out "$2.30" and substituting

"$2.63";

(

b) in clause (

b) by striking out "$3.05" and substituting

"$3.48".

4 This Regulation comes into force on September 1, 2007.

Document details

CollectionAlberta — Gazette
Citation30 June 2007
Typegazette
Volume / chapter12 Jun30 Part2
Languageen
Formathtml
SourcePROVINCIAL
Identifierc24d7a06eb23eb9a064e29f01326ff94999aa4e7

Source file is stored in the law ingest library (html).