Alberta Regulation 193/2003

Libraries Act

LIBRARIES AMENDMENT REGULATION

Filed: June 16, 2003

Made by the Minister of Community Development (M.O. 17/03) on June 11, 2003

pursuant to

section 40 of the Libraries Act.

1 The Libraries Regulation (AR 141/98) is amended by this Regulation.

Section 13(1)(

a) is amended by adding "a mission statement and" after

"a plan of service with".

Section 14 is amended

(

a) in subsection (1) by striking out "subsections (2) and (3)" and

substituting "subsection (3)";

(

b) by repealing subsection (2).

Section 18(1) is amended by adding "a mission statement and" after "a

plan of service with".

Section 25(3) is amended by striking out "12 000" wherever it occurs

and substituting "15 000".

Section 48 is amended by striking out "2003" and substituting "2008".

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

Alberta Regulation 194/2003

Bee Act

BEE REGULATION

Filed: June 19, 2003

Made by the Minister of Agriculture, Food and Rural Development (M.O.

22/2003) on June 13, 2003 pursuant to

section 13 of the Bee Act.

Table of Contents

Test 1

Diseases 2

Registration 3,4

Importation of bees 5

Appeal 6

Identification 7

Expiry 8

Test

1 The test for European bees is the wet weight part of the test known as

"Fast Africanized Bee Identification System (FABIS)", as described in "Fast

Africanized Bee Identification System (FABIS) Manual" by Sylvester and

Rinderer published in the American Bee Journal, July 1987, page 511.

Diseases

2 The following are designated as bee diseases:

(

a) American foulbrood (Bacillus larvae);

(

b) European foulbrood (Melissococcus pluton and associated

bacteria);

(

c) Chalkbrood (Ascosphaera apis);

(

d) Nosemosis (Nosema apis);

(

e) Sacbrood (Sacbrood virus);

(

f) Acarosis (Acarapis woodi Renni) (Tracheal mites);

(

g) Varroosis (Varroa destructor Anderson and Trueman);

(

h) Tropilaelaps (Tropilaelaps clareae Delfinado & Baker).

Registration

3(1) A beekeeper must apply for registration with the Provincial

Apiculturalist each year.

(2) An applicant for registration must provide the following information

to the Provincial Apiculturalist:

(

a) the full name, address and telephone number of the applicant;

(

b) the number of colonies of bees owned by the applicant;

(

c) the number of apiaries owned by the applicant and the names of

the municipalities in which they are located;

(

d) if the applicant has purchased live bees within the preceding

12 months or since the last registration, the names of the persons who

provided the bees.

Registration

4(1) On receipt of a complete application for registration, the Provincial

Apiculturist must register, and issue a certificate of registration to, the

applicant.

(2) The certificate of registration is valid from the time it is issued to

the next following June 29th.

Importation of bees

5(1) No person shall import bees into Alberta from a province or territory

unless

(

a) the bees have been treated with a pesticide in a manner that is

approved by the Provincial Apiculturist and that is in compliance with the

Pest Control Products Act (Canada), and

(

b) the person has written permission in accordance with

section

7(1) of the Act.

(2) Subsection (1) does not apply

(

a) to beekeepers who maintain a beekeeping operation in

Saskatchewan or British Columbia within 25 kilometres of the Alberta

border, who winter all their bees solely in that location and are importing

the bees to registered apiary locations in Alberta within 25 kilometres

from the Saskatchewan or British Columbia border, as the case may be, or

(

b) to beekeepers who maintain a beekeeping operation in Alberta

within 25 kilometres of the border with Saskatchewan or British Columbia,

who winter all their bees solely in that location, who have exported the

bees to registered apiary locations within 25 kilometres of Alberta in

Saskatchewan or British Columbia, as the case may be, and who are importing

them back into Alberta.

Appeal

6(1) An appeal may be commenced under

section 11 of the Act by filing with

the office of the Minister, during regular business hours, a notice of

appeal that sets out the grounds of the appeal and includes a copy of the

order being appealed.

(2) An appeal panel appointed by the Minister, consisting of no fewer than

3 persons and no more than 5 persons, the majority of whom are

representatives of the Alberta Beekeepers Association, must

(

a) hear the appeal within 10 days, not including holidays, of the

date the notice of appeal is filed, and

(

b) render a decision within 20 days, not including holidays, of

hearing the appeal.

(3) If an appeal is commenced, the appeal panel may direct that the order

under

section 7 or 8 of the Act not be carried out or that the bees not be

moved until it renders a decision under subsection (2).

Identification

7 The document used for identification of apiculture inspectors must be

signed by the Minister and must state the name of the apiculture inspector

and the expiry date of the appointment as apiculture inspector.

Expiry

8 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, 2012.

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

Alberta Regulation 195/2003

Marketing of Agricultural Products Act

ALBERTA WINTER WHEAT PRODUCERS COMMISSION

AUTHORIZATION AMENDMENT REGULATION

Filed: June 20, 2003

Made by the Alberta Agricultural Products Marketing Council on June 9, 2003

pursuant to

section 26 of the Marketing of Agricultural Products Act.

1 The Alberta Winter Wheat Producers Commission Authorization Regulation

(AR 124/99) is amended by this Regulation.

Section 4 is amended by striking out "2003" and substituting "2010".

Alberta Regulation 196/2003

Local Authorities Election Act

LOCAL AUTHORITIES ELECTION FORMS AMENDMENT REGULATION

Filed: June 20, 2003

Made by the Minister of Municipal Affairs (M.O. L:053/03) on May 26, 2003

pursuant to

section 159(2)(

a) of the Local Authorities Election Act.

1 The Local Authorities Election Forms Regulation (AR 234/2000) is

amended by this Regulation.

2 Form 8 SV is amended by adding "or adult interdependent partner" after

"spouse".

3 This Regulation comes into force on September 1, 2004.

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

Alberta Regulation 197/2003

Marketing of Agricultural Products Act

ALBERTA WINTER WHEAT PRODUCERS MARKETING

AMENDMENT REGULATION

Filed: June 23, 2003

Made by the Alberta Winter Wheat Producers Commission on January 30, 2003

pursuant to

section 26 of the Marketing of Agricultural Products Act.

1 The Alberta Winter Wheat Producers Marketing Regulation (AR 121/99) is

amended by this Regulation.

Section 2 is amended by striking out "$0.75" and substituting "$1.00".

Section 21 is amended by striking out "2003" and substituting "2010".

Alberta Regulation 198/2003

Freedom of Information and Protection of Privacy Act

FREEDOM OF INFORMATION AND PROTECTION OF

PRIVACY AMENDMENT REGULATION

Filed: June 24, 2003

Made by the Lieutenant Governor in Council (O.C. 292/2003) on June 24, 2003

pursuant to

section 94 of the Freedom of Information and Protection of

Privacy Act.

1 The Freedom of Information and Protection of Privacy Regulation (AR

200/95) is amended by this Regulation.

Section 6 is renumbered as

section 6(1) and the following is added

after subsection (1):

(2) The consent or request of a third party under

section 17(2)(

a) of the Act must be in writing.

Section 8 is amended by striking out "sections 42 and 43" and

substituting "section 42".

Section 15(3.2) is amended by striking out "June 30, 2003" and

substituting "December 31, 2006".

Section 16 is repealed.

Section 19 is repealed and the following is substituted:

Expiry

19 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, 2005.

Alberta Regulation 199/2003

Family and Community Support Services Act

CONDITIONAL AGREEMENT AMENDMENT REGULATION

Filed: June 24, 2003

Made by the Lieutenant Governor in Council (O.C. 293/2003) on June 24, 2003

pursuant to

section 7 of the Family and Community Support Services Act.

1 The Conditional Agreement Regulation (AR 218/94) is amended by this

Regulation.

2 The title of the Regulation is repealed and the following is

substituted:

FAMILY AND COMMUNITY SUPPORT

SERVICES REGULATION

Section 1(

b) is amended

(

a) by adding "that are of a preventive nature" after "support

services";

(

b) by striking out "3(1)" and substituting "3".

Section 2 is repealed and the following is substituted:

Responsibili-ties of municipality

2 In providing for the establishment, administration and operation

of a program, a municipality must do all of the following:

(

a) promote and facilitate the development of stronger

communities;

(

b) promote public participation in planning,

delivering and governing the program and services provided under the

program;

(

c) promote and facilitate the involvement of

volunteers;

(

d) promote efficient and effective use of resources;

(

e) promote and facilitate co-operation and

co-ordination with allied service agencies operating within the

municipality.

Section 2.1(2)(

b) is repealed and the following is substituted:

(

b) offer direct assistance, including money, food, clothing or

shelter, to sustain an individual or family,

Section 3(

b) is amended by striking out "an advisory" and substituting

"a".

Section 4(

f) is repealed and the following is substituted:

(

f) any payments to a member of a board or committee referred to in

section 3(

b) or (j), other than reimbursement for expenses referred to in

section 3(l).

Section 5(

c) is repealed and the following is substituted:

(

c) not apply contributions from agencies towards the program, or

funds collected through fees charged to clients for services provided under

the program, as a part of its matching share,

Section 7 is amended by striking out "3(1)" and substituting "3".

Section 13 is amended by striking out "June 30, 2003" and substituting

"June 30, 2013".

11 The

Schedule is amended by striking out "Services provided by the

municipality" and substituting "Internal, directly funded services provided

by the municipality".

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

Alberta Regulation 200/2003

Court of Appeal Act

Court of Queen's Bench Act

Civil Enforcement Act

ALBERTA RULES OF COURT AMENDMENT REGULATION

Filed: June 24, 2003

Made by the Lieutenant Governor in Council (O.C. 294/2003) on June 24, 2003

pursuant to

section 16 of the Court of Appeal Act,

section 20 of the Court

of Queen's Bench Act and

section 107 of the Civil Enforcement Act.

1 The Alberta Rules of Court (AR 390/68) is amended by this Regulation.

2 Rule 30(

n) is amended by adding "or an action by a person against his

or her adult interdependent partner or former adult interdependent partner"

after "matrimonial cause".

3 Rule 155 is repealed and the following is substituted:

Application to counterclaim

155 This Part applies to a counterclaim to the same extent as if a

counterclaim were a separate action except that

(

a) where the plaintiff in the original action has not

filed a statement of defence or demand of notice to a counterclaim, a

judgment on the counterclaim may be obtained against the plaintiff only on

motion with notice to the plaintiff, and

(

b) neither a garnishee summons nor a writ shall issue

against the plaintiff in the original action without leave.

4(1) Rule 174 is amended

(

a) in subrule (1)(

b) and (2) by striking out "greater" and

substituting "more favourable";

(

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

(2.1) Subrule (1.1) or (2) does not require a judge or the

Court of Appeal in awarding solicitor-client costs to award double

solicitor-client costs, but the judge or the Court of Appeal may, in the

judge's or the Court of Appeal's discretion, award costs exceeding

solicitor-client costs.

(2) This

section applies to payments into court, offers of judgment and

offers to settle that are made after this

section comes into force.

5(1) Rule 505(4) is amended by striking out "$1000" and substituting "$25

000".

(2) This

section applies to notices of appeal filed after September 1,

6 Rule 506 is amended by adding the following after subrule (2):

(3) Except as ordered by the court in exceptional circumstances, a

separate notice of appeal must be filed for each order being appealed,

unless those orders were granted by the same judge in the same suit (or, if

applicable, consolidated suit) and arise out of the same hearing.

(4) A substantive order and a later order awarding or concerning

costs of the earlier substantive order shall be deemed to arise out of the

same hearing.

7 Rule 515.1(8) is repealed and the following is substituted:

(8) A civil appeal may be dismissed for want of prosecution

(

a) by the court at any time before or after 6 months

from the date when a notice of appeal was filed, on the application of any

party or on its own motion, or

(

b) by a judge, on the application of any party where

the appellant has done nothing effective to advance the appeal for more

than one year.

8 Rule 530 is amended

(

a) by repealing subrule (5) and substituting the following:

(5) Notwithstanding subrules (1) and (3), if

(

a) the evidence does not exceed a total of 15 pages,

the evidence must be included in the Appeal Book Digest and be labelled

accordingly,

(

b) the exhibits do not exceed a total of 15 pages, the

exhibits must be included in the Appeal Book Digest and be labelled

accordingly, or

(

c) the evidence and exhibits together do not exceed a

total of 30 pages, the evidence and exhibits must be included in the Appeal

Book Digest and be labelled accordingly.

(

b) in subrule (8)(

e) by striking out "index" and substituting

"table of contents";

(

c) in subrule (9)(

b) by striking out "and" at the end of

sub-subrule (vi), by adding "and" at the end of sub-subrule (vii) and by

adding the following after sub-subrule (vii):

(viii) the "Court Ordered Restrictions on

Publication" form or any other similar document, if one exists.

(

d) by adding the following after subrule (17):

(18) An appeal that has been struck and has not been restored

within 6 months from the date the appeal was struck is deemed to be

abandoned.

9 Rule 568 is amended

(

a) in subrules (6) and (7)

(

i) by striking out "Plaintiff" wherever it occurs and

substituting "plaintiff";

(ii) by striking out "Defendant" wherever it occurs and

substituting "defendant";

(

b) by adding the following after subrule (7):

(8) Where the plaintiff in the original action has not filed a

statement of defence or demand of notice to a counterclaim, a judgment on

the counterclaim under this Part may be obtained against the plaintiff only

on motion with notice to the plaintiff.

10 Rule 570.1 is amended by striking out "568(2)" and substituting

"568(1.1)".

11 Rule 605(10)(

d) is amended by striking out "income" and substituting

"input".

Schedule A is amended

(

a) in Form I

(

i) in Part B by adding "or Adult Interdependent

Partner" after "Spouse" wherever it occurs;

(ii) in

Part C by striking out "spouse" and substituting

"dependants";

(

b) by repealing Form L and substituting the following:

Form L

Garnishee Summons

Court of Queen's Bench of Alberta

Judicial District of

Creditor

Debtor

Garnishee

This Garnishee Summons is issued on (date) for $ (total amount)

(The Creditor may adjust the amount by serving a Notice on the Garnishee.)

The Creditor intends to garnish the Debtor's

employment earnings

deposit accounts

money owing from other sources

Clerk of the Court

The judgment is for alimony or maintenance.

When employment earnings are garnished for alimony or maintenance,

Maintenance Enforcement Act employment exemptions apply. Refer to

Maintenance Enforcement Regulation for more information.

This summons expires 1. in the case of a deposit account, 60 days

from the date it was issued, unless it is a joint account, in which case

this is only a one-time obligation.

2. in all other

cases, one year from the date it was issued, unless it has been renewed.

Supporting Affidavit

1. I am the creditor or an agent/lawyer for the creditor.

2. According to the judgment or Attachment Order, a Writ of Enforcement

or Attachment Order has/has not been registered at the Personal Property

Registry.

3. I believe that the proposed Garnishee owes the debtor money now or

will owe the debtor money in the future.

4. The proposed Garnishee is in Alberta, or does business in Alberta

notwithstanding that its payroll office is outside Alberta.

Creditor or Agent/Lawyer Occupation

Sworn in (Town or city) , Alberta on (Date)

Commissioner for Oaths in Alberta

Commissioner's name and commission's expiry date (please print)

Instructions for Garnishee

These instructions will help you to comply with the Garnishee Summons.

They are taken from the following pieces of legislation:

Civil Enforcement Act, RSA 2000, cC-15

Civil Enforcement Regulation, (AR 276/95) sections 39 and 40

Alberta Rules of Court, Rules 470 to 481.1

Make cheques payable to the Minister of Finance and send, along with the

required documents, to:

Future payments to the clerk under this Garnishee Summons should be

accompanied by a copy of the back page of this Garnishee Summons and an

accounting.

Garnishee Summons (which does not attach employment earnings)

Within 15 days from being served with the Garnishee Summons in triplicate

with a $25 compensation fee, you must do the following:

1. Serve a copy of the Garnishee Summons on the debtor (personally

or by ordinary mail).

2. Deliver to the Clerk of the Court a Garnishee's Response. See

below for what this must contain.

3. Pay to the Clerk the lesser of

(

a) the amount indicated on the first page of the Garnishee

Summons, or

(

b) the amount payable by you to the Debtor according to your

obligation to the Debtor

minus $10 as a Garnishee compensation.

Where the Garnishee Summons seeks to affect a joint

entitlement, you must pay to the Clerk, unless a court orders otherwise, an

amount equal to the total amount of the fund divided equally amongst all

the people with the joint entitlement. A Garnishee Summons which seeks to

attach a joint deposit account only attaches a current obligation as

defined in the Civil Enforcement Act.

Garnishee Summons (which does not attach employment earnings) continued

The Garnishee's Response must contain as much of the following as is

applicable:

1. (

a) A Certificate of Service on the Debtor (found on the back

of this document) stating that you have delivered a copy of the Garnishee

Summons to the Debtor, or

(

b) A statement setting out why you could not serve the

Garnishee Summons on the Debtor.

Note: Send the original Certificate of Service to the Clerk.

2. The amount that you owe under your obligation to the Debtor.

3. The amount that you are paying to the Clerk.

4. If you don't think that you have an obligation to pay the

Debtor that can be affected by the Garnishee Summons, please explain why.

5. If you believe that the obligation that the Garnishee Summons

is trying to affect is (or may be) owed to someone other than the Debtor,

give the reasons for your belief and the name and address of that other

person.

6. If you have already received another Garnishee Summons

regarding the same obligation and that Garnishee Summons is still in

effect, let the Clerk's Office know in writing and give the QB Action

Number of the other Garnishee Summons. The QB Action Number is on the

upper right of the back of the Garnishee Summons.

7. Where the Garnishee Summons seeks to affect a joint

entitlement, the Garnishee's Response must contain the name of each person

who has the joint obligation with the Debtor and either

(

a) the address of each person who has the joint obligation

with the Debtor, or

(

b) a completed Certificate of Service (found on the back of

this document) stating that you have served a copy of this Garnishee

Summons on each person who has the joint obligation with the Debtor.

Note: If it is a joint account, it is a one-time obligation.

8. Where the Garnishee Summons has attached a future obligation,

that is, there is an amount that you must pay the Debtor in the future, the

Garnishee's Response must contain the following, if known:

(

a) the date or dates on which the future obligation, or any

part of it, is expected to become payable,

(

b) the amount expected to be payable on each date set out

above, and

(

c) any conditions that must be met before the future

obligation will become payable.

When the future obligation becomes payable, the Garnishee's

Response must set out

(

a) the amount that is now payable, and

(

b) the amount that you are paying to the Clerk.

Garnishee Summons (which attaches employment earnings)

Within 15 days from being served with the Garnishee Summons in triplicate

with a $25 compensation fee, you must do the following:

1. Serve a copy of the Garnishee Summons on the Debtor (personally

or by ordinary mail).

2. Deliver to the Clerk of the Court a Garnishee's Response. See

below for what this must contain.

3. Within 5 days after the end of the Debtor's last pay period for

months affected by the Garnishee Summons, pay to the Clerk the Debtor's net

pay less

(

a) the Debtor's employment earnings exemption (see

Employment Earnings Exemptions listed below), and

(b) $10 as a Garnishee compensation.

Net pay means the Debtor's total earnings minus any amounts you are

required to deduct for income tax, Canada Pension contributions, and

employment insurance premiums. Any other deductions are taken from the

debtor's exemption.

The Garnishee's Response must contain as much of the following as

applicable:

1. Whether or not you employ the Debtor.

2. How often you pay the Debtor.

3. Either

(

a) a Certificate of Service on the Debtor (found on the back

of this document) stating that you have delivered a copy of the Garnishee

Summons to the Debtor,

(

b) a statement setting out why you could not serve the

Garnishee Summons on the Debtor.

Note: Send the original Certificate of Service to the Clerk.

4. If you have already received another Garnishee Summons against

the Debtor's employment earnings and that Garnishee Summons is still in

effect, let the Clerk's Office know in writing and give the QB Action

Number of the other Garnishee Summons. The QB Action Number is on the

upper right of the back of the Garnishee Summons.

At the end of the Debtor's last pay period for each month during which the

Garnishee Summons is in effect, you must deliver to the Clerk a written

statement setting out:

1. the Debtor's total employment earnings for the pay periods that

ended during the month,

2. the amounts deducted from total earnings to calculate the

Debtor's net pay for the month, and

3. the number of the Debtor's dependants.

Employment Earnings Exemptions

Calculate the Debtor's monthly employment earnings exemption by adding

together:

1. the Debtor's minimum exemption, and

2. half the amount by which the Debtor's net pay exceeds this

minimum exemption.

For a Debtor with no dependants, the minimum employment earnings exemption

is $800 and the maximum is $2400. The minimum and maximum employment

earnings exemption increases by $200 for each dependant.

A dependant is:

1. a person identified as a dependant by Court Order,

2. the spouse or adult interdependent partner of the Debtor,

3. any child of the Debtor under 18 who lives with the Debtor, or

4. any relative of the Debtor (or of the Debtor's spouse/adult

interdependent partner) who lives with the Debtor and, because of mental or

physical infirmity, depends financially on the Debtor.

You are entitled to rely on, and act in accordance with, the Debtor's

written statement of the number of dependants he or she has.

You can get a worksheet from the Clerk's Office to help you calculate the

Debtor's employment earnings exemption.

When employment earnings are garnished for alimony or maintenance,

Maintenance Enforcement Act employment exemptions apply. Refer to

Maintenance Enforcement Regulation for more information.

If you pay the Debtor's salary/wage more often than monthly, you can pay

the Clerk of the Court at the end of each pay period instead of at the end

of each month.

In this case, calculate the minimum and maximum employment exemption for

each pay period as follows:

1. multiply the monthly exemption by the number of days in the pay

period, and

2. divide this number by 30.

To the Clerk

The Creditor has a Judgment/Attachment Order against the Debtor, and a Writ

of Enforcement/Attachment Order has been registered at Personal Property

Registry

(11 - digit PPR Registration No.)

QB Action No.

Court of

Queen's Bench

of Alberta

The amount specified in the Writ of Enforcement/ Attachment Order is $

of which the present

balance owing is $

plus related writs $

(according to attached

search results)

plus probable costs $

Total $ (total amount)

Between:

Creditor

Address

(Postal Code)

Phone

Fax

Certificate of Service on the Debtor/Joint Obligee

I, (print name of person who served the Garnishee Summons

am the Garnishee/Agent for the Garnishee.

Creditor/Agent for the Creditor.

Debtor

Address

(Postal Code)

Phone

Fax

I certify that

on (Date of service of Garnishee Summons)

I served (Name of Debtor/ Joint Obligee

personally

Garnishee

Address

(Postal Code)

Phone

Fax

by ordinary mail with a true copy of the Garnishee Summons according

to the Alberta Rules of Court and the Civil Enforcement Act.

Note: Only the Garnishee may serve a Garnishee Summons on a Debtor/ Joint

Obligee by ordinary mail unless otherwise ordered by the Court.

Filed by

Address

(Postal Code)

Phone

Dated

(signature of person who served the Summons)

(If there is more than one Debtor/Joint Obligee, please complete an

additional Certificate of Service for each Debtor/Joint Obligee.)

Fax

File No.

(

c) in Form R

(

i) by striking out "Appellant (Defendant)" and

substituting "Appellant/Respondent (Plaintiff)";

(ii) by striking out "Respondent (Plaintiff)" and

substituting "Appellant/Respondent (Defendant)".

Schedule B is amended

(

a) in Forms 1, 4, and 7 by repealing

section 10(

d) and

substituting the following:

(

d) support of the child or children in the sum of $

per month (commencing on (and being retroactive

to ));

(

d) support of the child or children pursuant to the

Child Support Guidelines (commencing on (and being

retroactive to ));

(

b) in Forms 2, 5 and 8 by repealing

section 14(

d) and substituting

the following:

(

d) support of the child or children in the sum of $

per month (commencing on (and being retroactive

to ));

(

d) support of the child or children pursuant to the

Child Support Guidelines (commencing on (and being

retroactive to ));

(

c) in Forms 2, 4, 5, 7 and 8 by striking out paragraphs 7 and 8

and substituting the following:

Agreements

7. There are in existence the following agreements between the

parties or with a third party relating to the children of the marriage:

Court Proceedings

8. The details of any court orders whether in the Court of Queen's

Bench of Alberta, the Provincial Court of Alberta or any other jurisdiction

in regard to the marriage, support of the parties, property or custody,

access and support of the children are as follows:

Schedule E, Number 8 is amended as to Oral Judgments by striking out

"$2.60" and substituting "$2.20".

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

Alberta Regulation 201/2003

Court of Queen's Bench Act

SURROGATE RULES AMENDMENT REGULATION

Filed: June 24, 2003

Made by the Lieutenant Governor in Council (O.C. 297/2003) on June 24, 2003

pursuant to

section 20 of the Court of Queen's Bench Act.

1 The Surrogate Rules (AR 130/95) are amended by this Regulation.

2 Rule 11 is amended

(

a) by repealing subrule (2)(

a) and substituting the following:

(

a) the surviving spouse or surviving adult

interdependent partner;

(

b) by adding the following after subrule (3):

(3.1) Where a person dies leaving both a surviving spouse and a

surviving adult interdependent partner, the person living with the deceased

at the time of the deceased's death has preference over the other.

(3.2) If at the time of the deceased's death neither the surviving

spouse nor the surviving adult interdependent partner was living with the

deceased, the person who last lived with the deceased has preference over

the other.

3 Rule 14 is amended by striking out "spouse" and substituting "then

spouse or then adult interdependent partner".

4 Rule 78(

a) is amended by adding "or surviving adult interdependent

partner" after "spouse".

Schedule 1 is amended in

Part 2, Table 1, by repealing

section 5(

f) and

(

g) and substituting the following:

(

f) arranging for surviving spouse or surviving adult

interdependent partner to receive notices under the Dependants Relief Act

and Matrimonial Property Act, if necessary;

(

g) arranging for dependants to receive notices under the

Dependants Relief Act, if necessary;

Schedule 3 is amended by striking out "Family Relief Act" wherever it

occurs and substituting "Dependants Relief Act".

Schedule 3, Form NC 2, is amended in paragraph 4.5 by striking out

"spouse" and substituting "spouse/adult interdependent partner".

Schedule 3, Form NC 3, is amended

(

a) by striking out "All immediate family are over 18 and

physically and mentally competent unless otherwise shown." and substituting

"All immediate family are over 18 and none of whom is mentally or

physically disabled and by reason thereof, unable to earn a livelihood.";

(

b) by striking out "SPOUSE" and substituting the following:

SPOUSE

Name:

Complete address:

ADULT INTERDEPENDENT PARTNER

Name:

Complete address:

the adult interdependent partner lived with the

deceased in a relationship of interdependence

for a continuous period of not less

than 3 years commencing and ending

of some permanence of which there is a

child

born

date

adopted

date

the adult interdependent partner entered into an

adult interdependent partner agreement with the deceased which agreement is

dated .

The adult interdependent partner

is not

related to the deceased by blood or adoption.

Schedule 3, Form NC 4, is amended

(

a) by adding the following preceding "Name of first witness":

Adult interdependent partner

agreements entered into by

deceased subsequent to date

of will

(

b) by striking out "Neither witness is a beneficiary or the

husband or wife of a beneficiary named in the will." and substituting

"Neither witness is a beneficiary or the spouse or adult interdependent

partner of a beneficiary named in the will.".

Schedule 3, Form NC 6, is amended by striking out "The following gifts

are void because the beneficiary is a witness or the spouse of a witness to

the will:" and substituting "The following gifts are void because the

beneficiary is a witness or the spouse or adult interdependent partner of a

witness to the will:".

Schedule 3, Form NC 22, is repealed and the following substituted:

NC 22

ESTATE NAME

DOCUMENT Notice to spouse of deceased

Matrimonial Property Act

To: Name:

Complete address:

Enclosed with this notice is a copy of the application for a grant of

_____. The Matrimonial Property Act gives rights to a spouse or former

spouse in certain circumstances and the law requires that the notice be

given to you because you are the spouse or a former spouse and have not

been given all of the property in the estate.

You may have a claim under the Matrimonial Property Act on the property in

the estate. This must be dealt with before the estate can be finally

distributed.

There are some time requirements that must be met. You must begin any

application before the expiration of six months from the date the court

issued the grant of probate or administration. There are other time limits

in the Act which may mean that in your case you have less than six months

in which to act, after that, the personal representative may distribute the

property.

If you want to take this further, you must consult your own lawyer

immediately.

Personal Representative Date

Name:

Complete address:

I ACKNOWLEDGE RECEIPT OF THIS NOTICE AND OF A COPY OF THE APPLICATION FOR A

GRANT OF IN THE ESTATE OF

Spouse Date

Schedule 3, Form NC 23, is amended

(

a) by striking out "Notice to spouse of deceased" and substituting

"Notice to spouse/adult interdependent partner of deceased";

(

b) in the 1st paragraph by striking out "grant of probate" and

substituting "grant of _____";

(

c) in the 1st and 2nd paragraphs by striking out "spouse" wherever

it occurs and substituting "spouse/adult interdependent partner";

(

d) at the end of the form by striking out "Spouse" and

substituting "Spouse/Adult Interdependent Partner".

Schedule 3, Form NC 24, is amended in the 1st paragraph by striking

out "grant of probate" and substituting "grant of _____".

Schedule 3, Form NC 29, is amended in paragraph 5.5 by striking out

"spouse" and substituting "spouse/adult interdependent partner".

Schedule 3, Form NC 31, is amended in paragraph 5.5 by striking out

"spouse" and substituting "spouse/adult interdependent partner".

Schedule 3, Form NC 33, is amended in paragraph 4.5 by striking out

"spouse" and substituting "spouse/adult interdependent partner".

Schedule 3, Form C 5, is amended in paragraphs 5.3 and 5.9 by striking

out "spouse" and substituting "spouse/adult interdependent partner".

Schedule 3, Form C 6, is amended in paragraph 5.5 by striking out

"spouse" and substituting "spouse/adult interdependent partner".

Schedule 3, Form C 7, is amended

(

a) by adding the following preceding "Location of will at date of

death" wherever it occurs:

Adult interdependent partner

agreements entered into by

deceased subsequent to date

of will

(

b) in sections 1 and 2 by adding "or adult interdependent partner"

after "spouse".

Alberta Regulation 202/2003

Judicature Act

ALBERTA PROVINCIAL JUDGES COMPENSATION

COMMISSION REGULATION

Filed: June 24, 2003

Made by the Lieutenant Governor in Council (O.C. 299/2003) on June 24, 2003

pursuant to

section 42 of the Judicature Act.

Table of Contents

Definitions 1

Role of the Commission 2

Establishment of the Commission 3

Commission membership 4

Commission expenses 5

Scope of the inquiry 6

Presentation of the report 7

Presentation of the report to the Lieutenant Governor in Council 8

Effective date 9

Effect of recommendations 10

Public notice of inquiry 11

Pre-inquiry procedure 12

Inquiry procedure 13

Criteria 14

Amended report 15

Review 16

Communication 17

Costs 18

Judicial review 19

Notice 20

Effect of regulation 21

Expiry 22

Repeal 23

Definitions

1 In this Regulation,

(a) "Association" means the Alberta Provincial Judges' Association;

(b) "Commission" means the 2003 Alberta Judicial Compensation

Commission appointed under

section 3;

(c) "compensation" means the salary, pension, including the

contributions of the Government of Alberta and a judge, benefits and

allowances provided to the judges;

(d) "court" means The Provincial Court of Alberta;

(e) "judges" means, except in

section 14(e), the judges of The

Provincial Court of Alberta and the masters in chambers appointed under the

Court of Queen's Bench Act;

(f) "minister" means any minister of the Crown;

(g) "Minister" means the Minister of Justice and Attorney General;

(h) "reasons" means an explanation in writing that meets the

justification standard under the Constitution of Canada used to evaluate

decisions of a government to depart from a recommendation of an independent

body regarding judicial compensation;

(i) "report" means the report of the Commission presented to the

Minister and the Association under

section 7 and any amended report

presented to the Minister and the Association under

section 15.

Role of the Commission

2(1) The Commission must make recommendations respecting the compensation

of judges.

(2) The Commission must determine issues relating to compensation

independently, effectively and objectively.

(3) The Commission is to contribute to maintaining and enhancing the

independence of the court and the judges through the inquiry process and

its report.

Establishment of the Commission

3(1) The 2003 Alberta Judicial Compensation Commission consists of

(

a) one member appointed by the Minister on nomination by the

Association,

(

b) one member appointed by the Minister, and

(

c) one member appointed by the Minister on nomination by the

members appointed under clauses (

a) and (b).

(2) The member appointed under subsection (1)(

c) is the chair of the

Commission.

(3) If a member resigns or is unable for any reason to discharge the

responsibilities of a member, the Minister must appoint a replacement

member but in the case of a member appointed under subsection (1)(

a) or

(c), only after receiving a nomination in accordance with subsection (1).

Commission membership

4 Active judges, justices of the peace, members of the Legislative

Assembly, members of other boards and commissions appointed by the

Lieutenant Governor in Council or by a minister, persons who hold office by

way of an appointment by the Lieutenant Governor in Council or by a

minister and employees, as defined in the Public Service Act, may not be

members of the Commission.

Commission expenses

5(1) The Crown must pay the Commission all reasonable expenses incurred by

the Commission in conducting an inquiry and preparing a report.

(2) A member of the Commission is entitled to compensation and

reimbursement for expenses as determined by the Minister.

Scope of the inquiry

6 The Commission must conduct an inquiry respecting

(

a) the appropriate level of compensation for judges sitting full

or part time or on a supernumerary basis,

(

b) the appropriate design and level of judges' pension benefits of

all kinds,

(

c) the appropriate level and kinds of benefits and allowances of

judges, and

(

d) any other issues relevant to the financial security of the

judges that the Commission agrees to resolve.

Presentation of the report

7 The Commission must present a report to the Minister and the

Association at a time determined by the Minister.

Presentation of the report to the Lieutenant Governor in Council

8 Within 90 days of the presentation of a report under

section 7 or an

amended report under

section 15, whichever is the later, the Minister must

place the report before the Lieutenant Governor in Council, obtain its

decision, and if any of the recommendations in the report are not accepted,

ensure that reasons are provided.

Effective date

9 The effective date of any recommendations in a report is April 1, 2003

and is for the period April 1, 2003 to March 31, 2006.

Effect of recommenda-tions

10(1) Subject to subsection (2), a recommendation in a report is binding

on the Crown.

(2) A recommendation that is not accepted in whole or in

part in reasons

issued by the Lieutenant Governor in Council and delivered to the

Association within 90 days of the date of the report under

section 7 or an

amended report under

section 15, whichever is later, is not binding on the

Crown.

Public notice of inquiry

11 The Commission must give public notice of the commencement of its

inquiry as it considers necessary and the notice must advise of the closing

date for written submissions.

Pre-inquiry procedure

12 At the earliest opportunity, prior to the commencement of the inquiry,

the Minister and the Association must meet with the Commission to address

any preliminary matters that may arise and any other matters that the

Commission considers advisable.

Inquiry procedure

13(1) Subject to this section, the Commission may determine its own

inquiry procedure.

(2) The Minister and the Association must provide the Commission with an

agreed statement of facts and an agreed list of exhibits to be filed, to

the extent that they have been able to agree on them.

(3) The Commission may record any inquiry proceedings and must provide

transcripts to those who request them and pay the required fee.

(4) The Commission may accept such evidence as is relevant to the

determination of the issues and is not required to adhere to the rules of

evidence applicable to courts of civil or criminal jurisdiction.

(5) Any member of the public is entitled to attend the inquiry and to make

written submissions to the Commission.

(6) The Commission may, after hearing from the Minister and the

Association, choose to limit to written submissions any submission from an

individual judge.

(7) The Commission may, after hearing from either the Minister or the

Association, grant leave to any member of the public to make oral

submissions.

(8) The Commission may require the attendance of any person who has filed

a written submission and may require that person to respond to any

questions from either the Minister or the Association, as well as from the

Commission.

(9) If any person fails to appear when required to do so or to respond to

questions as directed, the Commission may ignore the written submissions of

the person who fails to appear or respond to a question as directed.

(10) The Commission may on application direct the Minister and the

Association to produce documents not subject to privilege.

(11) The testimony of witnesses must be under oath or affirmation.

(12) The Commission may not award costs for written submissions but may

award the reasonable travel, accommodation and meal expenses of anyone

required by the Commission to attend.

(13) Any one requesting copies of any written submissions to the

Commission is entitled to receive a copy of the submissions on payment of a

reasonable fee.

(14) The recommendations in a report must be based solely on the evidence

submitted to the Commission.

Criteria

14 The Commission, in making the recommendations in its report, must

consider the following criteria:

(

a) the constitutional law of Canada;

(

b) the need to maintain the independence of the court and the

judges;

(

c) the unique nature of the judges' role;

(

d) the need to maintain a strong court by attracting highly

qualified applicants;

(

e) the compensation of other judges in Canada;

(

f) the growth and decline in real per capita income;

(

g) the need to provide fair and reasonable compensation for judges

in light of prevailing economic conditions in Alberta and the overall state

of the economy;

(

h) the cost of living index and the position of the judges

relative to its increases;

(

i) the nature of the jurisdiction of the court and masters in

chambers;

(

j) the current financial position of the government;

(

k) any other factors relevant to the matters in issue.

Amended report

15(1) The Commission may amend its report presented under

section 7 after

reviewing the submissions of the Minister and the Association if

(

a) the Commission is satisfied that its report

(

i) failed to deal with an issue raised during the

inquiry, or

(ii) contains an obvious error,

and

(

b) the Minister or the Association requests that the Commission

amend its report within 15 days of receipt of the report under

section 7.

(2) Within 7 days of receipt of a request under subsection (1), the

Commission must either present an amended report to the Minister and the

Association or inform the Minister and the Association that no amended

report will be presented.

(3) An amended report under subsection (2) may only differ from the report

presented under

section 7 so far as is necessary to deal with the matters

under subsection (1).

Review

16 The Minister and the Association may meet at any time to discuss

improvements to the Commission inquiry process.

Communica-tion

17(1) The Minister must advise the Association of any changes made to the

judges' compensation after the presentation of a report under

section 7 or

an amended report under

section 15 within 14 days of the Lieutenant

Governor in Council's decision to change the judges' compensation and the

Association must inform the judges of any such change.

(2) The Minister must provide the Association with one updated copy of the

legislation, regulations or schedules related to changes described in

subsection (1).

(3) The Association must provide the judges with updated copies of

legislation, regulations or schedules as necessary.

Costs

18 The Commission may order the Crown to pay the reasonable costs

incurred by the Association in making its submissions to the Commission.

Judicial review

19(1) If

(

a) the Lieutenant Governor in Council makes a decision to not

accept one or more of the recommendations in whole or in

part contained in

the report, and

(

b) the Association brings an application for judicial review of

that decision and the application is successful,

the Lieutenant Governor in Council has 90 days from the day that the

application is granted to reconsider the report's recommendations in

accordance with the directions, if any, of the Court.

(2) If an application for judicial review is successful, the report is not

deemed to be binding on the Crown solely because the reasons given by the

Lieutenant Governor in Council for not accepting one or more of the

recommendations in whole or in part were found to be inadequate by the

Court.

Notice

20(1) If notice is required to be given to the Crown or the Minister,

(

a) it must be given by leaving a written copy of the notice at the

legislative office of the Minister, or

(

b) if the Crown or the Minister gives notice in writing of the

appointment of counsel, it may be given by service on counsel as provided

for in the Alberta Rules of Court.

(2) If notice is required to be given to the Association, it must be given

by leaving a written copy at the registered office of the Association.

Effect of regulation

21 This Regulation only has effect for the Commission appointed in 2003.

Expiry

22 This Regulation expires on March 31, 2006.

Repeal

23 The Alberta Provincial Judges Compensation Commission Regulation (AR

100/2000) is repealed.

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

Alberta Regulation 203/2003

Regulations Act

MISCELLANEOUS CORRECTION AND REPEAL REGULATION

Filed: June 24, 2003

Made by the Lieutenant Governor in Council (O.C. 302/2003) on June 24, 2003

pursuant to

section 10 of the Regulations Act.

1 The Irrigation General Regulation (AR 78/2000) is amended in

section

5(4) by striking out "are is" and substituting "is".

2 The Coal Royalty Regulation (AR 295/92) is amended

(

a) in

section 9(1)(

b) and (2)(

b) by striking out "section 40" and

substituting "section 38";

(

b) in

Schedule 2 in

section 5.1(4) by striking out "section

40(3)(a)" and substituting "section 38(3)(a)".

3 The Authorities Designation Regulation (AR 64/2003) is amended by

repealing

section 1(

c) and substituting the following:

(

c) the Alberta Transportation Safety Board;

4 The Guarantees Acknowledgement Forms Regulation (AR 66/2003) is amended

in the title to the regulation by striking out "ACKNOWLEDGEMENT" and

substituting "ACKNOWLEDGMENT".

5 The Meat Inspection Regulation (AR 42/2003) is amended in

section 73 by

relettering the second clause (

a) as clause (b).

6 The Electrician Trade Regulation (AR 274/2000) is amended in

section

5(2)(

b) by striking out "trade the is" and substituting "trade that is".

7 The Bill of Lading and Conditions of Carriage Regulation (AR 313/2002)

is amended in

Schedule 2

(

a) by striking out "tariifs" and substituting "tariffs";

(

b) by striking out "mutally" and substituting "mutually";

(

c) by striking out "desination" and substituting "destination".

8 The Societies Regulation (AR 122/2000) is amended in

Schedule 1

(

a) in Form 1 by striking out "(Section 5)" and substituting

"(Section 9)";

(

b) in Form 2 by striking out "(Section 20(2))" and substituting

"(Section 24(2))";

(

c) in Form 3 by striking out "(Section 22(2))" and substituting

"(Section 26(2))";

(

d) in Forms 4 and 5 by striking out "(Section 27.1)" and

substituting "(Section 32)".

9 The Procedures Amendment Regulation (AR 233/89) is amended in

Schedule

Part 19.1, item 1 by striking out "Procedures" and substituting

"Procedure".

10 The following regulations are repealed:

(

a) the Livestock Patron's Assurance Fund Regulation (AR 418/91);

(

b) the Seat Belt Regulation (AR 258/87);

(

c) the Delegation Order (AR 98/84);

(

d) the Local Government Control of Secondary and Rural Roads

Regulation (AR 204/94);

(

e) the Local Government Control of Streets Regulation (AR 167/81);

(

f) the Bicycle Safety Helmet Specification Regulation (AR

59/2002);

(

g) the Highway Traffic Regulation (AR 155/97);

(

h) the School Bus Lights and Stop Arm Regulation (AR 189/2000);

(

i) the Fees Regulation (AR 73/85);

(

j) the Department of Labour Grant Regulations (AR 253/75);

(

k) the Transfer of Powers Regulation (AR 139/90);

(

l) the Forest Travel Permit Area Regulation (AR 417/63).

Alberta Regulation 204/2003

Securities Act

SECURITIES AMENDMENT REGULATION

Filed: June 24, 2003

Made by the Lieutenant Governor in Council (O.C. 303/2003) on June 24, 2003

pursuant to

section 223 of the Securities Act.

1 The Securities Regulation (AR 115/95) is amended by this Regulation.

Section 7 is amended

(

a) by striking out "pursuant to

section 161(1)(d)" and

substituting "pursuant to

section 194(1)(f)";

(

b) by striking out "section 36(1)" and substituting "section 36(1)

and (2)";

(

c) by striking out "section 57".

3 The following is added after

section 12:

Review

13 In compliance with the Government's regulatory review

initiative, this Regulation must be reviewed on or before June 1, 2013 and

not less frequently than every 10 years after that date.

4 The

Schedule is amended

(

a) in

section 1

(

i) in clause (

b) by striking out "National Policy

Statement No. 39" and substituting "NI 81-101";

(ii) in clause (

c) by striking out "National Policy

Statement No. 44" and substituting "NI 44-102";

(iii) by repealing clause (

g) and substituting the

following:

(g) "Shelf Procedures" means the

requirements of NI 44-102 for the distribution of securities under a base

shelf prospectus and a shelf prospectus supplement;

(

b) in

section 3(1) by relettering subclauses (

i) and (ii) as

clause (

a) and (

b) respectively;

(

c) in

section 4(1)(b)(ii)(

C) by adding "shelf" before "prospectus"

wherever it occurs;

(

d) in

section 5

(

i) in subsection (1)

(

A) by striking out "every Form 20" and

substituting "a report of exempt distribution required to be filed in

connection with the use of an exemption from the prospectus requirements

under Alberta securities laws";

(

B) by repealing clause (

c) and

substituting the following:

(

c) in any other case, 0.025%

of the gross proceeds realized in Alberta by the issuer or selling security

holder from the distribution in respect of which the report of exempt

distribution is filed exceeds $100.

(ii) in subsection (2) by striking out "Form 20" and

substituting "report of exempt distribution";

(

e) in

section 6(1) by striking out "65(1)(

o) and 107(1)(h)" and

substituting "86(1)(

o) and 131(1)(h)";

(

f) in

section 9(1)

(

i) by striking out "121" and substituting "149";

(ii) in clause (

a) by striking out "National Policy

Statement No. 47" and substituting "NI 44-101";

(

g) in

section 12(1) by striking out "48" and substituting "58";

(

h) in

section 13 by striking out "25(1)" and substituting "36(1)";

(

i) in

section 14

(

i) in subsection (1) by striking out "116" and

substituting "144";

(ii) in subsection (2) by striking out "144" and

substituting "179";

(

j) in

section 15

(

i) in subsection (1) by striking out "123 or 184(2)"

and substituting "151 or 212(2)";

(ii) in subsection (2) by striking out "123" and

substituting "151";

(

k) in

section 17 by striking out "189" and substituting "218".

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

Alberta Regulation 205/2003

Financial Administration Act

INDEMNITY AUTHORIZATION AMENDMENT REGULATION

Filed: June 24, 2003

Made by the Lieutenant Governor in Council (O.C. 304/2003) on June 24, 2003

pursuant to

section 71 of the Financial Administration Act.

1 The Indemnity Authorization Regulation (AR 22/97) is amended by this

Regulation.

2 The following is added after

section 7:

Receiver, trustee etc indemnity

8(1) In this section, "representative" means a receiver, trustee,

receiver-manager, liquidator or monitor or any other person appointed by

the Crown or by a court at the request of the Crown in relation to an

insolvency, bankruptcy or liquidation.

(2) The Minister of Finance may on behalf of the Crown, on such

representative appointed by, at the request of, or with the concurrence of

the Crown against all costs, charges and expenses, including losses

resulting from unpaid remuneration provided for in the appointment and

including amounts paid to settle actions or satisfy judgments, reasonably

incurred by the representative in respect of civil, criminal or

administrative actions or proceedings to which the representative is made a

party by reason of duties performed under that appointment, if the

representative acted honestly and in good faith, complies with the

Schedule

and, in the case of a criminal or administrative action or proceeding

enforceable by a monetary penalty, had reasonable grounds for believing

that the representative's conduct was lawful.

Alberta Regulation 206/2003

Public Sector Pension Plans Act

PUBLIC SECTOR PENSION PLANS (LEGISLATIVE PROVISIONS)

(RELATIONSHIP BREAKDOWN, 2003) AMENDMENT REGULATION

Filed: June 24, 2003

Made by the Lieutenant Governor in Council (O.C. 308/2003) on June 24, 2003

pursuant to

section 6 of the Public Sector Pension Plans Act.

1 The Public Sector Pension Plans (Legislative Provisions) Regulation (AR

365/93) is amended by this Regulation.

Section 13 is repealed and the following is substituted:

Division and distribution of benefits on pension partnership breakdown

13(1) In this section,

(a) "EPPA" means the Employment Pension Plans Act;

(b) "EPPR" means the Employment Pension Plans

Regulation (AR 35/2000);

(c) "Plans" means the pension plans referred to in

section 1(a), (b), (

d) and (

e) of the Act, and "plan rules" means the plan

rules of the Plan in question.

(2) The following provisions of EPPA and of EPPR apply to all of the

Plans:

(

a) Part 4 of EPPA, except sections 60(2) and 64;

(

b) Part 4 of EPPR, except

section 58(3);

(c)

section 1(1)(

d) and (

e) of EPPR;

(d)

section 15(1), other than clauses (

a) to (j), and

section 15(2) of EPPA;

(

e) section 24 of EPPR;

(

f) section 88 of EPPA, so far as applicable, for the

purpose of applying

section 62 of EPPR,

subject to the adaptations referred to in subsection (3) and to any

other necessary adaptations.

(3) For the purposes of applying subsections (1) and (2), the

adaptations made in subsections (4) to (9) to EPPA and EPPR are to be

treated as applying.

(4) For the purposes of applying this section, with reference to the

language used in the provisions of EPPA and EPPR referred to in subsection

(2) and any related provisions,

(

a) subject to this subsection,

definitions that are

required to support

interpretation of those provisions apply;

(b) "member" is deemed to read "participant";

(c) "pension partner" has the meaning given it in the

respective plan rules, and "member-pension-partner" and

"non-member-pension-partner" are to be construed accordingly;

(

d) references to termination of membership and

terminating members are deemed to refer to "termination" within the meaning

of the plan rules.

(5) The following is deemed to be inserted in substitution for

section 60(2) of EPPA:

(2) This Part applies only with respect to a matrimonial

property order or agreement

(

a) made or entered into after the commencement of this

subsection, or

(

b) in respect of which there is filed with the

administrator (being the Minister) a written election, in the form required

by the administrator, by both pension partners to have this Part apply.

(6) The following is deemed to be inserted in substitution for

section 64 of EPPA:

Section 33 of the plan rules, as it applies with respect

to a member-pension-partner, also applies with respect to the

non-member-pension-partner's share.

(7) For the purposes of

section 69 of EPPA,

(

a) in subsection (1) of that section,

(

i) the reference to

section 85 of EPPA is

deemed to be a reference to

section 109 of the plan rules, and

(ii) the words "surrender of an interest,"

are deemed to be included after "charge,",

and

(

b) in subsection (2) of that section, the reference to

section 85 of EPPA is deemed to be a reference to

section 14 of this

Regulation.

(8) The words in

section 58(2)(

b) of EPPR "in any manner specified,

and subject to all the conditions set out, in

section 30(2) of the Act,

but" are deemed not to exist.

(9) The words in

section 59(3)(

b) of EPPR "equal to the commuted

value of the pension, calculated as if" are deemed to read as follows:

"equal

(

i) in the case of a member-pension-partner who is

eligible for a benefit under

section 36 or 47, or both, of the plan rules,

to the commuted value of that benefit, or

(ii) in any other case, to the benefit (excluding any

"employee contribution excess", where applicable) under

section 69 or 72,

or both, as the case may be, of the plan rules,

calculated as if".

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

Alberta Regulation 207/2003

Public Sector Pension Plans Act

LOCAL AUTHORITIES PENSION PLAN (APEX CONFORMITY)

AMENDMENT REGULATION

Filed: June 24, 2003

Made by the Lieutenant Governor in Council (O.C. 309/2003) on June 24, 2003

pursuant to

Schedule 1,

section 4 of the Public Sector Pension Plans Act.

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

Regulation.

Section 2(1)(

g) is amended by striking out "under" and substituting

"made under the repealed".

Section 16 is repealed.

Section 34.1 is amended

(

a) in subsection (3) by striking out "end of the month preceding

that in which" and substituting "date when";

(

b) in subsection (5) by adding ", at the rate that was assumed in

determining that commuted value," after "added".

Section 37 is amended

(

a) in subsection (1) by striking out "38(1)(c)(ii)" and

substituting "38(1)(d)(ii)";

(

b) in subsection (2) by striking out "any form of joint life

pension under

section 38(1)(c)(

i) or (d)" and substituting "the form of

joint life pension under

section 38(1)(d)(i)".

Section 38 is amended

(

a) in subsection (1)

(

i) by repealing clause (c);

(ii) by repealing clause (

d) and substituting the

following:

(

d) a joint life pension, payable during

the joint lives of the pensioner and a nominee designated by the pensioner

and which, after the death of either, continues to be payable

(

i) in the same amount as the

amount payable before the death, or

(ii) in the amount of 2/3 of it,

to the survivor for life and that is

payable, in the event that the survivor dies within 5 years of pension

commencement, for the remainder of the guaranteed term of 5 years from

pension commencement in the amount that was payable to the survivor

immediately before the survivor's death.

(

b) in subsection (3) by striking out "(1)(c)" and substituting

"(1)(d)".

Section 44 is amended

(

a) by renumbering it as

section 44(1);

(

b) in subsection (1)(

b) by striking out "38(1)(c)(ii)" and

substituting "38(1)(d)(ii)";

(

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

(2) Subsection (1), other than clause (

a) of it, also applies where

the request referred to in subsection (1) was made between April 9 and July

6, 2003.

8 Sections 45 and 45.1 are amended in clause (

a) by striking out

"38(1)(c)(i)" and substituting "38(1)(d)(i)".

Section 48 is amended by adding "(d)" after "38(1)" wherever it occurs.

Section 55 is amended by striking out "(c)(ii)" and substituting

"(d)(ii)".

11 Sections 56 and 56.1 are amended by striking out "38(1)(c)(i)"

wherever it occurs and substituting "38(1)(d)(i)".

12 Sections 59(a)(i)(

A) and 64(a)(i)(

A) are amended by striking out

"38(1)(c)(i)" and substituting "38(1)(d)(i)".

Section 79 is amended

(

a) in subsection (1) by striking out "Where" and substituting

"Except where otherwise specifically provided, where";

(

b) in subsection (5) by striking out "end of the month immediately

preceding the".

Section 80(4) is amended by striking out "38(1)(c)(ii) or

section

38(1)(d), as it relates to

section 38(1)(c)(ii)" and substituting

"38(1)(d)(ii)".

Section 81 is amended

(

a) in subsection (3)(

c) by striking out "after";

(

b) in subsection (6) by striking out "following the death of the

deceased" and substituting "of the deceased's death".

Section 87(5) is repealed and the following is substituted:

(5) The reduction of a pension payable on the first death in the

form specified in

(a)

section 38(1)(c)(ii) or

section 38(1)(d), as it

related to

section 38(1)(c)(ii), as those enactments existed before July 7,

2003, in the case of a death that occurred before that date, or

(b)

section 38(1)(d)(ii), in the case of a death

occurring on or after that date,

is to be taken as occurring with effect from the beginning of the

month following that in which the death occurred.

Section 93(4) is amended by striking out "38(1)(c)(ii) or

section

38(1)(d), as it relates to

section 38(1)(c)(ii)" and substituting

"38(1)(d)(ii)".

Section 100 is repealed and the following is substituted:

Method of payment of pensions

Section 87 applies, with the references in subsection (5) of it

section 38(1)(c)(ii), (

d) and (d)(ii) being taken as references to

section 49 as it incorporated or incorporates, respectively, those

enactments.

19 This Regulation comes into force on July 7, 2003.

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

Alberta Regulation 208/2003

Public Sector Pension Plans Act

SPECIAL FORCES PENSION PLAN (APEX CONFORMITY)

AMENDMENT REGULATION

Filed: June 24, 2003

Made by the Lieutenant Governor in Council (O.C. 310/2003) on June 24, 2003

pursuant to

Schedule 4,

section 4 of the Public Sector Pension Plans Act.

1 The Special Forces Pension Plan (AR 369/93) is amended by this

Regulation.

Section 34.1 is amended

(

a) in subsection (3) by striking out "end of the month preceding

that in which" and substituting "date when";

(

b) in subsection (5) by adding ", at the rate that was assumed in

determining that commuted value," after "added".

Section 38 is amended

(

a) in subsection (1)

(

i) by repealing clause (c);

(ii) by repealing clause (

d) and substituting the

following:

(

d) a joint life pension, payable during

the joint lives of the pensioner and a nominee designated by the pensioner

and which, after the death of either, continues to be payable

(

i) in the same amount as the

amount payable before the death, or

(ii) in the amount of 2/3 of it,

to the survivor for life and that is

payable, in the event that the survivor dies within 5 years of pension

commencement, for the remainder of the guaranteed term of 5 years from

pension commencement in the amount that was payable to the survivor

immediately before the survivor's death.

(

b) in subsection (3) by striking out "(1)(c)" and substituting

"(1)(d)".

Section 64(a)(i)(

A) is amended by striking out "38(1)(c)(i)" and

substituting "38(1)(d)(i)".

Section 79 is amended

(

a) in subsection (1) by striking out "Where" and substituting

"Except where otherwise specifically provided, where";

(

b) in subsection (5) by striking out "end of the month immediately

preceding the".

Section 80(5) is amended by striking out "(

c) or".

Section 81 is amended

(

a) in subsection (3)(

c) by striking out "after";

(

b) in subsection (6) by striking out "following the death of the

deceased" and substituting "of the deceased's death".

Section 87(5) is repealed and the following is substituted:

(5) The reduction of a pension payable on the first death in the

form specified in

(a)

section 38(1)(c)(ii) or

section 38(1)(d), as it

related to

section 38(1)(c)(ii), as those enactments existed before

September 15, 2003, in the case of a death that occurred before that date,

(b)

section 38(1)(d)(ii), in the case of a death

occurring on or after that date,

is to be taken as occurring with effect from the beginning of the

month following that in which the death occurred.

Section 93(5) is amended by striking out "(

c) or".

Section 100 is repealed and the following is substituted:

Method of payment of pensions

Section 87 applies, with the references in subsection (5) of it

section 38(1)(c)(ii), (

d) and (d)(ii) being taken as references to

section 49 as it incorporated or incorporates, respectively, those

enactments.

11 This Regulation comes into force on September 15, 2003.

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

Alberta Regulation 209/2003

Seniors Benefit Act

GENERAL AMENDMENT REGULATION

Filed: June 24, 2003

Made by the Lieutenant Governor in Council (O.C. 315/2003) on June 24, 2003

pursuant to

section 6 of the Seniors Benefit Act.

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

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

(f.1) "lodge" means a facility that receives funding under the Lodge

Assistance Program Regulation (AR 406/94);

Section 3(2) and (4) are amended by striking out "portion" and

substituting "component".

4 The

Schedule is amended

(

a) by repealing

section 2 and substituting the following:

2 An annual cash benefit under sections 3 and 4 of this Regulation

may consist of an income supplement component, an accommodation assistance

component or a supplementary accommodation assistance component, or all of

them.

(

b) in sections 3(1) and (2) by striking out "The annual cash

benefit component is" and substituting "The income supplement and

accommodation assistance components are";

(

c) by adding the following after

section 3:

4(1) The annual supplementary accommodation benefit is based on

(

a) the applicant's accommodation status and, if

applicable, the accommodation status of the applicant's spouse or adult

interdependent partner, and

(

b) the income for calculating benefits of the

applicant, or one half of the combined incomes of individuals in a senior

couple, as the case may be, reduced by the applicable percentage set out in

Column 2 of

Part 3 of the Table and the maximum annual supplementary

accommodation benefit set out in Column 3 of

Part 3 of the Table.

(2) The annual supplementary accommodation benefit is calculated by

reducing the maximum annual supplementary accommodation benefit by the

income for calculating benefits as reduced under subsection (1).

(

d) by repealing

Part 1 of the Table and substituting the

following:

Part 1

Accommodation and Relationship Category

Percentage

Maximum Annual Cash Benefit

Homeowner

Single senior

Senior couple

16.43%

19.92%

$2220

$3600

Regular Renter

Single senior

Senior couple

20.87%

23.24%

$2820

$4200

Lodge Resident

Single senior

Senior couple

20.87%

23.24%

$2820

$4200

Long-term Care Centre

Single senior

Senior couple

20.87%

23.24%

$2820

$4200

All Other Accommodation

Single senior

Senior couple

13.32%

19.92%

$1800

$3600

(

e) by adding the following after

Part 2 in the Table:

Part 3

Accommodation and Relationship Category

Percentage

Maximum Annual Supplementary Accommodation Benefit

Long-term Care Centre

32.96%

$4455

(

f) in the Note at the end of the Table by striking out "2002" and

substituting "2003".

Alberta Regulation 210/2003

Forest Reserves Act

THE FOREST RESERVES AMENDMENT REGULATION

Filed: June 25, 2003

Made by the Lieutenant Governor in Council (O.C. 290/2003) on June 24, 2003

pursuant to

section 7 of the Forest Reserves Act.

1 The Forest Reserves Regulations (AR 604/65) are amended by this

Regulation.

Section 2(1)(

e) is amended by striking out "annual".

3 Sections 3(1)(

a) and 7(4) are amended by striking out "an annual" and

substituting "a".

4 This Regulation comes into force on the commencement of

section

14(1)(

b) of the Wilderness Areas, Ecological Reserves and Natural Areas

Amendment Act (RSA 2000 c34(Supp.)).

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

Alberta Regulation 211/2003

Public Lands Act

DISPOSITIONS AND FEES AMENDMENT REGULATION

Filed: June 25, 2003

Made by the Lieutenant Governor in Council (O.C. 291/2003) on June 24, 2003

pursuant to sections 8 and 9 of the Public Lands Act.

1 The Dispositions and Fees Regulation (AR 54/2000) is amended by this

Regulation.

Section 31(2) is repealed.

3 This Regulation comes into force on the commencement of

section

14(2)(

b) of the Wilderness Areas, Ecological Reserves and Natural Areas

Amendment Act (RSA 2000 c.34 (Supp)).

Alberta Regulation 212/2003

Public Trustee Act

PUBLIC TRUSTEE COMMON FUND INTEREST RATE REGULATION

Filed: June 25, 2003

Made by the Public Trustee on June 23, 2003 pursuant to

section 27(1) of

the Public Trustee Act.

Interest rate

1 On and after August 1, 2003 the interest payable in respect of estates,

the money of which forms the Common Fund, shall

(

a) be at the rate of 6.5% per annum calculated on the minimum

monthly balance held in each estate account, and

(

b) be credited to individual estate accounts on the last day of

each month.

Repeal

2 The Public Trustee Common Fund Interest Rate Regulation (AR 17/2002) is

repealed.

Coming into force

3 This Regulation comes into force on August 1, 2003.

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

Alberta Regulation 213/2003

School Act

CERTIFICATION OF TEACHERS AMENDMENT REGULATION

Filed: June 25, 2003

Made by the Minister of Learning (M.O. 056/2003) on June 23, 2003 pursuant

section 94 of the School Act.

1 The Certification of Teachers Regulation (AR 3/99) is amended by this

Regulation.

Section 1 is amended

(

a) in clause (

c) by striking out "other certificate" and

substituting "other authority to teach";

(

b) by adding the following after clause (d):

(d.1) "complaint" means a complaint filed under the

Teaching Profession Act or the Practice Review of Teachers Regulation (AR

4/99);

(

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

(e.1) "practicum" means a student teaching placement in a

kindergarten to Grade 12 program supervised by academic staff of an

approved basic professional teacher preparation program;

Section 3(3) is amended by striking out "may" wherever it occurs and

substituting "shall".

Section 6(2) is repealed and the following is substituted:

(2) If an application is made under subsection (1) and the Registrar

makes a request of the applicant in writing, the Registrar may consider the

application to have expired if the applicant does not respond appropriately

to the request within one year following the initial date of the

application.

Section 7 is repealed and the following is substituted:

Requirements for interim professional certificate

7(1) The Registrar may issue an interim professional certificate to

an applicant who

(

a) holds a Bachelor of Education degree, or

(

b) holds a degree that is acceptable to the Minister

in education or in any other field from an institution outside Alberta that

is approved by the Minister, if the degree

(

i) includes or is supplemented with a

basic professional teacher preparation program that is acceptable to the

Minister, and

(ii) meets the requirements for professional

teacher certification in the jurisdiction where the degree or the basic

professional teacher preparation program was completed.

(2) Notwithstanding subsection (1), the Registrar may issue an

interim professional certificate to an applicant who has completed the

practicum or course work prescribed by the Registrar at an institution

approved by the Minister that, when combined with the applicant's other

qualifications, is in the Registrar's opinion equivalent to the

requirements of a Bachelor of Education degree.

(3) An application for an interim professional certificate must be

accompanied by

(

a) the applicant's written declaration that the

applicant has completed the requirements for that certificate as prescribed

by Ministerial Order No. 016/97, Teaching Quality Standard Applicable to

the Provision of Basic Education in Alberta, and

(

b) a written statement from a designated officer of an

institution in Alberta that is approved by the Minister to offer a basic

professional teacher preparation program, indicating that the applicant has

completed the requirements for the Bachelor of Education degree and the

requirements for that certificate as prescribed by Ministerial Order No.

016/97, Teaching Quality Standard Applicable to the Provision of Basic

Education in Alberta.

(4) An applicant who has not completed a basic professional teacher

preparation program in Alberta may provide, in lieu of the written

statement referred to in subsection (3)(b),

(

a) proof satisfactory to the Registrar that the

applicant holds a teaching authority from the jurisdiction where the

applicant initially completed a basic professional teacher preparation

program,

(

b) proof satisfactory to the Registrar that the

teaching authority has not been suspended or cancelled, and

(

c) any other proof that the Registrar requires.

(5) The Registrar may issue an interim professional certificate only

to a Canadian citizen or an individual lawfully admitted to Canada for

permanent residence.

Section 8(1)(

a) is amended by striking out "and" and substituting "or".

Section 9 is amended

(

a) in subsection (2) by striking out "order of the Minister" and

substituting "Ministerial Order No. 016/97, Teaching Quality Standard

Applicable to the Provision of Basic Education in Alberta";

(

b) in subsection (3) by striking out "for a period not exceeding 3

years" and substituting "to August 31 of the 3rd year following the year in

which it was issued".

Section 10(1)(

b) and (

c) are amended by striking out "order of the

Minister" and substituting "Ministerial Order No. 016/97, Teaching Quality

Standard Applicable to the Provision of Basic Education in Alberta".

Section 12(3) is repealed and the following is substituted:

(3) The Registrar may refuse to issue a certificate, re-issue a

certificate or to extend the term of a certificate if the Registrar is

aware of any conduct on the part of the applicant that is, at the time the

Registrar is reviewing the application under

section 6, the subject of a

complaint.

10 The following is added after

section 12:

Letter of authority

12.1(1) On the recommendation of an officer or the Certification

Appeal Committee, or on the Registrar's own initiative, the Registrar may

issue a letter of authority to an individual who

(

a) has academic and professional qualifications or

technical and professional qualifications that are acceptable to the

Minister, and

(

b) is lawfully authorized to work in Canada.

(2) The Registrar may attach to a letter of authority any terms or

conditions that the Registrar considers appropriate.

(3) A letter of authority is considered to be a certificate.

Section 15 is amended by renumbering it as

section 15(1) and by adding

the following after subsection (1):

(2) A teacher wishing to be known by another name while holding a

certificate must provide the Registrar with evidence of that change in the

form prescribed by the Registrar.

(3) A teacher must, on the request of and in the form prescribed by

the Registrar, provide to the Registrar any information about the teacher

that is necessary to maintain the accuracy and completeness of the

Registry.

Section 17 is amended

(

a) in subsection (1)

(

i) by repealing clauses (c), (

d) and (

e) and

substituting the following:

(

c) to the appropriate authority in a

jurisdiction outside Alberta information, including personal information,

about whether an individual has applied for, holds or once held a

certificate, the type of certificate and whether

(

i) the certificate is in good

standing, has expired and may be re-issued or has been suspended or

cancelled and the reasons for suspension or cancellation, or

(ii) there is a report filed

under

section 109.1 of the Act, a complaint or a proceeding pending or

underway that may result in the certificate being suspended or cancelled or

not being re-issued,

(

d) to an employer or prospective employer

who is required under the Act to employ teachers, information, including

personal information, about a teacher's qualifications, major areas of

specialization, graduate diplomas or degrees, vocational training or years

of teaching experience and whether

(

i) the teacher's certificate

is in good standing, has expired and may be re-issued or has been suspended

or cancelled and the reasons for suspension or cancellation, or

(ii) there is a report filed

under

section 109.1 of the Act, a complaint or a proceeding pending or

underway that may result in the teacher's certificate being suspended,

cancelled or not being re-issued,

and

(

e) on the written request of a teacher, to

the appropriate authority in a jurisdiction outside Alberta, a statement of

standing, including personal information, about whether an individual has

applied for, holds or once held a certificate, the type of certificate and

whether

(

i) the certificate is in good

standing, has expired and may be re-issued or has been suspended or

cancelled and the reasons for suspension or cancellation, or

(ii) there is a report filed

under

section 109.1 of the Act, a complaint or a proceeding pending or

underway that may result in the certificate being suspended or cancelled or

not being re-issued.

(

b) by repealing subsection (2) and substituting the following:

(2) A decision of the Registrar to disclose information under

subsection (1)(

a) to (

d) may not be appealed under

section 19.

(

c) in subsection (3) by adding "of the Registrar" before "not to

disclose".

Section 18 is amended by adding "the Executive Secretary of" before

"The Alberta".

Section 27 is repealed and the following is substituted:

Cancellation on request

27 The Minister may cancel a certificate on receiving from the

holder a written request that sets out the reason for requesting the

cancellation.

Section 29 is repealed.

Section 32 is amended

(

a) in subsection (1)(

c) by striking out "or the evaluation of

credentials";

(

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

"(1)".

Section 36 is repealed.

Section 40 is amended by striking out "2003" and substituting "2008".

Alberta Regulation 214/2003

Alberta Energy and Utilities Board Act

ADMINISTRATION FEES AMENDMENT REGULATION

Filed: June 26, 2003

Made by the Alberta Energy and Utilities Board on June 24, 2003 pursuant to

section 6 of the Alberta Energy and Utilities Board Act.

1 The Administration Fees Regulation (AR 135/2002) is amended by this

Regulation.

Section 1, 2 and 3 are repealed and the following is substituted:

Administration fee - coal mine

1(1) In this section, "coal production" means the total tons of coal

mined in Alberta by an operator of a coal mine in the 2002 calendar year.

(2) The administration fees payable for the purpose of

section 6 of

the Alberta Energy and Utilities Board Act for the fiscal year 2003-2004 by

operators in respect of their coal mines are calculated as follows:

coal production x 5.67› for each ton of coal = administration

fee.

Administration fee - power plants

2(1) In this section, "marketed production" means the total electric

energy generated in Alberta by each operator of a power plant or plants

that is exchanged through the Power Pool of Alberta, or sold to or through

the City of Medicine Hat, in the 2002 calendar year.

(2) The administration fees payable for the purpose of

section 6 of

the Alberta Energy and Utilities Board Act for the fiscal year 2003-2004 by

operators in respect of their power plants are calculated as follows:

marketed production x 3.52› for each MWh = administration fee.

(3) Where the administration fee calculated under subsection (2) is

less than $5000 in total, the operator is exempt from the payment of the

administration fee.

Prescribed date

3 For the purposes of

section 6 of the Alberta Energy and Utilities

Act and this Regulation, the prescribed date for the fiscal year 2003-2004

is March 31, 2004.

Alberta Regulation 215/2003

Oil and Gas Conservation Act

OIL AND GAS CONSERVATION AMENDMENT REGULATION

Filed: June 26, 2003

Made by the Alberta Energy and Utilities Board on June 24, 2003 pursuant to

sections 58 and 59 of the Oil and Gas Conservation Act.

1 The Oil and Gas Conservation Regulations (AR 151/71) are amended by

this Regulation.

Section 16.081 is repealed and the following is substituted:

16.081 For the 2003-2004 fiscal year of the Board, the annual

adjustment factor of

(a) 0.8112 must be applied to the administration fees

for wells described in clauses (

c) to (

h) of

section 16.070, and

(b) 1.19672 must be applied to the administration fees

for oil sands projects described in

section 16.080.

Section 16.100 is repealed and the following is substituted:

16.100 For the purpose of

Part 10 of the Act, the prescribed date

for the 2003-2004 fiscal year of the Board is March 31, 2004.

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

Alberta Regulation 216/2003

Public Utilities Board Act

GENERAL ASSESSMENT ORDER FOR THE FISCAL YEAR 2003-2004

Filed: June 26, 2003

Made by the Alberta Energy and Utilities Board on June 24, 2003 pursuant to

section 22 of the Public Utilities Board Act.

Assessments

1 The assessments for the purposes of

section 22 of the Public Utilities

Board Act for the fiscal year 2003-2004 are prescribed as set out in the

Schedule.

Repeal

2 The General Assessment Order for the Fiscal Year 2002-2003 (AR

137/2002) is repealed.

SCHEDULE

The following persons shall pay the following assessments in one lump sum

on or before July 30, 2003:

ATCO Electric Ltd. $ 388 815

ATCO Gas and Pipelines Ltd. 2 112 642

AltaGas Utilities Inc. 135 810

EPCOR Energy Services (Alberta) Inc. 741 696

NOVA Gas Transmission Ltd. 1 404 321

Aquila Networks Canada (Alberta) Ltd. 497 716

Alberta Electric System Operator 1 988 000

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

Alberta Regulation 217/2003

School Act

PRACTICE REVIEW OF TEACHERS AMENDMENT REGULATION

Filed: June 26, 2003

Made by the Minister of Learning (M.O. 052/2003) on June 23, 2003 pursuant

section 94 of the School Act.

1 The Practice Review of Teachers Regulation (AR 4/99) is amended by this

Regulation.

Section 31 is amended by striking out "2003" and substituting "2006".