THE ALBERTA GAZETTE,

PART II, NOVEMBER 15, 1997

Alberta Regulation 193/97

Regional Health Authorities Act

COMMUNITY HEALTH COUNCILS (MINISTERIAL) REGULATION

Filed: October 23, 1997

Made by the Minister of Health (M.O. 58/97) pursuant to

section 22 of the

Regional Health Authorities Act.

Definitions

1 In this Regulation,

(a) "Act" means the Regional Health Authorities Act;

(b) "community health council" means a community health council

established in accordance with the Community Health Councils Regulation.

Remuneration of members of community health councils

2 Members of a community health council are not entitled to remuneration

for acting as members, but the regional health authority that established

the council may authorize the payment of expenses incurred by a member of

the council in the course of acting as a member that in the opinion of the

regional health authority are reasonable.

Community health council annual report

3(1) A community health council shall provide to the regional health

authority that established it an annual report of its activities for the

previous fiscal year.

(2) The regional health authority may require the community health council

to submit the annual report

(

a) in the form,

(

b) containing the information, and

(

c) by the date

specified by the regional health authority.

(3) A regional health authority that receives an annual report under

subsection (1) shall make the report available to the public.

Winding up or disestablishing a council

4(1) The regional health authority that establishes a community health

council shall, if it wishes to disestablish the council, submit to the

Minister a proposal for the disestablishment of the council and the

winding-up of the council's affairs.

(2) When the proposal has been approved by the Minister, the regional

health authority shall pass a by-law to disestablish the community health

council in accordance with the approved proposal.

(3) The regional health authority shall submit to the Minister a copy of

each by-law disestablishing a community health council.

(4) No by-law under subsection (2) has effect until it is approved by the

Minister.

(5) On receiving a by-law under subsection (3), the Minister may

(

a) approve the by-law as submitted, or

(

b) refer the by-law back to the regional health authority to take

further action as directed by the Minister and to re-submit the by-law.

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

Alberta Regulation 194/97

Child Welfare Act

ADOPTION AMENDMENT REGULATION

Filed: October 27, 1997

Made by the Minister of Family and Social Services pursuant to

section 96

of the Child Welfare Act.

1 The Adoption Regulation (AR 3/89) is amended by this Regulation.

Section 12(1)(

c) is repealed and the following is substituted:

(

c) refer the guardian, and the child if the child is 12 years of

age or over,

(

i) to a director or lawyer for the completion of a

consent to adoption, and

(ii) to a director for counselling services concerning

the proposed adoption, if the guardian or the child, or both, request those

counselling services from the director.

Section 13(2)(

c) is amended

(

a) in subclause (

i) by striking out "director" and substituting

"director or lawyer";

(

b) in subclause (ii) by striking out "director" and substituting

"director or lawyer".

Section 20(2)(

b) is amended by adding the following after subclause

(i):

(i.1) consents under this Regulation taken by lawyers,

Section 21(4)(

b) is amended by striking out "relating to persons who

have applied to the agency for an adoption placement and persons who have

applied to the agency to have a direct placement adoption processed".

Section 22(1) is amended

(

a) by striking out "an applicant, a person who has applied under

section 16.1(1) to have a direct placement adoption processed by the agency

or an adoptive parent" and substituting "a person, other than a guardian

who wishes to place or who has placed a child for adoption through the

agency,";

(

b) by repealing clause (

e) and substituting the following:

(

e) preparation of a home assessment report;

Section 24(2)(d)(ii) is amended by striking out "parent" and

substituting "parent or a prospective adoptive parent".

8 Forms 3 and 16 are repealed and the attached Forms 3 and 16 are

substituted.

FORM 3

REQUEST FOR CHILD WELFARE RECORD CHECK

To: A director

Alberta Family and Social Services

Name of applicant:

year/ month /day

(full name and all previous names) / /

birthdate

year/ month /day

(full name and all previous names) / /

birthdate

Regarding each applicant:

I have applied to (name of licensed adoption agency)

(check one of the following)

to:

place a child in my home for adoption

process my adoption of a child placed in my home by the parent.

Please check for any child welfare records about me. Please send the

results of your check to me at: (address).

(check one of the following)

I have no other child.

year/

month/ day

My other children are: (name) / /

birthdate

year/

month/ day

(name) /

birthdate

Signatures

year/ month/ day (applicant's

(witness's signature) / / signature)

date

year/ month/ day (applicant's

(witness's signature) / / signature)

date

Results of Child Welfare Record Check

I, (name) , (position) have conducted a child

welfare record check on (applicant) and report as follows:

I have found no child welfare record indicating that the

applicants might have caused a child to be in need of protective services

in Alberta.

year/ month/ day

Father: (name) , born / /

date

(address) (phone)

Notice

This is your notice that we received custody of this child

year/ month/ day

from the parent on / / for the purpose of

date

adoption. We intend to apply for an adoption order

regarding the child.

year/ month/ day

(applicant's signature) , / /

date

year/ month/ day

(applicant's signature) , / /

date

FORM 16

NOTICE BY A PARENT ABOUT A

DIRECT ADOPTION PLACEMENT

Regarding the child (name as on birth document)

year/ month/ day

born / / at (place of birth)

date

Parents

I am this child's parent. I am:

year/ month/

day

(name) , born / /

date

(address) (phone)

The child's other parent is:

year/ month/

day

(name) , born / /

date

(address) (phone)

Applicants

The people who will be applying to adopt my child are:

(applicant's legal name) (applicant's legal name)

(address) (phone)

Notice

This is your notice that I placed this child with the

year/ month/ day

applicants on / / for the purpose of

date

adoption.

I understand that I will need to sign a consent form for the

adoption. I also understand that I can have the consent form completed

either by going to a lawyer, or by contacting Alberta Family and Social

Services.

year/ month/

day

(parent's signature) / /

date

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

Alberta Regulation 195/97

Persons with Developmental Disabilities

Community Governance Act

GOVERNANCE (MINISTERIAL) REGULATION

Filed: October 27, 1997

Made by the Minister of Family and Social Services pursuant to

section 23

of the Persons with Developmental Disabilities Community Governance Act.

Definition

1 In this Regulation, "Foundation" means the Persons with Developmental

Disabilities Foundation under the Persons with Developmental Disabilities

Foundation Act.

Notice of meeting

2 The Provincial Board must provide 10 days' written notice of its

meetings to the chair of the Foundation's board of trustees.

Appeal form

3 The form of a notice of appeal to the Provincial Board is in the

attached Form 1.

Expiry

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

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

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

expires on October 1, 2002.

FORM 1

NOTICE OF APPEAL TO THE PROVINCIAL BOARD

1 My name is (name) .

My address is (address) .

My telephone number is (telephone number) .

2 I am __ a person who has been

affected by a

(Check 1) decision of a Community Board or

Facility Board.

__ the guardian of (name of

dependent adult , who is a person who has been affected by a decision of

a Community Board or Facility Board.

__ the agent of (name of

maker of personal directive) , who is a person who has been affected by a

decision of a Community Board or Facility Board.

3 I am appealing a decision of (name of Board) .

The decision I am appealing is _______________________.

I was told about the decision on (year/month/day) .

Date

My reasons for appealing the decision are:

4 I understand that, instead of proceeding with a formal hearing of my

appeal, this dispute can be referred to an impartial person who will

attempt to mediate the dispute.

__ I agree to having my appeal referred to a mediator.

__ I do not agree to having my appeal referred to a mediator.

(year/month/day)

Signature of person appealing Date

Alberta Regulation 196/97

Public Sector Pension Plans Act

LOCAL AUTHORITIES PENSION PLAN AMENDMENT REGULATION

Filed: October 29, 1997

Made by the Lieutenant Governor in Council (O.C. 473/97) 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) is amended in clause (rr), in subclause (

i) by striking

out "or", by adding ", or" at the end of subclause (ii) and by adding the

following after subclause (ii):

(iii) ceasing to be an employee, if applicable, as a result or as

part of the process of his employer's withdrawal from the Plan pursuant to

section 14 or 14.1 of the Act Schedule;

Section 11 is amended by adding the following after clause (h):

(h.1) who is employed by an employer who has withdrawn from the Plan

under

section 14 or 14.1 of the Act Schedule,

Section 116.1 is amended

(

a) in subsection (1)

(

i) by repealing clause (

a) and striking out everything

preceding clause (

a) and substituting the following:

Transitional - Edmonton Telephones Corporation/ Telus Group

116.1(1)

WHEREAS the business of Edmonton

Telephones Corporation (formerly listed in

Part 1 of

Schedule 2 and in this

section referred to as "ETC") was reorganized by the transfer of certain

assets and liabilities of ETC to ED TEL Inc., a wholly owned subsidiary of

ETC, and to 3 wholly-owned subsidiaries of ED TEL Inc. that are listed in

subsection (4) (in this

section the 4 last-mentioned corporations,

including ED TEL Inc., being individually and collectively referred to as

"ETI"),

AND

WHEREAS ETI was subsequently acquired by TELUS

Corporation by virtue of the latter's acquisition of all of the share

capital issued by ED TEL Inc., after which the corporations comprising ETI

were renamed as described in subsection (4),

AND

WHEREAS all the employees affected by this

section are currently employed by either TELUS Edmonton Holdings Inc.,

TELUS Communications (Edmonton) Inc. or TELUS Advertising Services

(Edmonton) Inc. (which corporations are in this

section both individually

and collectively referred to as "TELUS Edmonton"),

THEREFORE, until arrangements have been made under

section 14.1 of the Act

Schedule to effect withdrawal from the Plan and a

transfer of assets and liabilities to another pension plan, then, with

respect to the position in the Plan formerly occupied by ETC and currently

deemed to be or treated as occupied by TELUS Edmonton

(ii) in clauses (

b) and (

c) by striking out "ETI"

wherever it occurs and substituting "TELUS Edmonton";

(iii) by repealing clause (

d) and substituting the

following:

(

d) subject to clause (e), for the purposes

of the Plan only, TELUS Edmonton will be treated as being the successor of

ETC and employees who worked for ETC, who then continued to work for ETI

and then TELUS Edmonton and who continue to work for TELUS Edmonton as

employees on a continuous basis are to be treated as not having terminated,

(iv) in clause (

f) by striking out "ETI" and

substituting "TELUS Edmonton";

(

b) in subsections (2) and (3) by striking out "ETI" and

substituting "TELUS Edmonton";

(

c) in subsection (2) by striking out "after its formation";

(

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

(4) The corporations individually and collectively referred to in

subsection (1) as "ETI" are ED TEL Inc., which has been renamed as TELUS

Edmonton Holdings Inc., and its wholly owned subsidiaries

(

a) ED TEL Communications Inc., which has been renamed

as TELUS Communications (Edmonton) Inc.,

(

b) ED TEL Directory Inc., which has been renamed as

TELUS Advertising Services (Edmonton) Inc., and

(

c) ED TEL Mobility Inc., which amalgamated with AGT

Mobility Inc. under the latter's name, the amalgamated corporation

subsequently being renamed TELUS Mobility Inc., and whose employees became,

and currently are, employees of TELUS Edmonton Holdings Inc.

(

e) in subsection (5)(

a) by striking out "14" and substituting

"14.1".

Part 1 of

Schedule 2 is amended by striking out "Edmonton Telephones

Corporation".

6 Sections 2 and 3 come into force at the end of 1997.

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

Alberta Regulation 197/97

Public Sector Pension Plans Act

PUBLIC SECTOR PENSION PLANS (LEGISLATIVE

PROVISIONS) AMENDMENT REGULATION

Filed: October 29, 1997

Made by the Lieutenant Governor in Council (O.C. 474/97) pursuant to

Schedule 1, sections 12 and 14 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 8.1(6) is amended

(

a) by adding "Local Authorities Pension Plan Board of Trustees or

the" before "Universities";

(

b) by adding "section 20 of

Schedule 1 or by" after "given by";

(

c) by adding ", as the case may be," after "Schedule 3".

Schedule 1 is amended

(

a) by adding the following before

section 1:

PART 1

GENERAL PROVISIONS

(

b) by adding the following after

section 8:

PART 2

EMPLOYER WITHDRAWALS

Application

9 This Part establishes, in addition to

section 14 of the Act

Schedule, the bases for the withdrawal of employers from the Plan under

that section, the method by which such withdrawals are to be made and other

General

Definitions

10 In this Part,

(a) "actuarial valuation methods and assumptions" means

the actuarial cost methods and assumptions used by the Plan's actuary in

the actuarial valuation report for funding purposes, but with assets being

valued at market value, that is coincident with or that most recently

precedes the time of withdrawal;

(b) "additional contributions" means additional

contributions paid or payable to the other plan under

section 14(6) and (7)

of the Act

Schedule and under

section 17.1(6) and (7) or 17.2;

(c) "market value" means the amount that the Provincial

Treasurer, using generally accepted accounting principles, including the

accounting recommendations of the Canadian Institute of Chartered

Accountants set out in the Handbook published by that Institute, as amended

from time to time, determines to represent the value of the assets or

investments that would be agreed on in an arm's length transaction between

knowledgeable and willing parties who are under no compulsion to act;

(d) "other plan" has the meaning assigned to "the other

plan" in

section 14(1) of the Act Schedule;

(e) "post-1991 assets" means the Plan's assets, as

determined and reflected in the Plan's most recent audited financial

statements coincident with or preceding the time of withdrawal and updated,

if necessary, to the time of withdrawal, in respect of the post-1991

liability;

(f) "post-1991 liability" means the Plan's liabilities

in respect of all service recognized as pensionable service and all

benefits in place, less the pre-1992 liability;

(g) "pre-1992 assets" means the Plan's assets, as

determined and reflected in the Plan's most recent audited financial

statements coincident with or preceding the time of withdrawal and updated,

if necessary, to the time of withdrawal, in respect of the pre-1992

liability;

(h) "pre-1992 liability" means the Plan's liabilities

in respect of all service that was recognized as pensionable service, and

all the benefits that were in place, as at December 31, 1991;

(i) "time of withdrawal" means the effective time of a

withdrawal specified in the notice given under

section 14(1) or, if

applicable, agreed under

section 13(1);

(j) "withdrawal" means the withdrawal of an employer

from the Plan under

section 14 of the Act

Schedule and includes the

consequential transfer of a portion of the liabilities and assets of the

Plan under that section;

(k) "withdrawing employer" means an employer who has

given notice under

section 14(1), and includes any successor to that

employer;

(l) "withdrawing participant" means a withdrawing

person described in

section 12(1)(a);

(m) "withdrawing person" means a person falling within

section 12(1)(a), (c.1) or (d).

Required characteristics of other plan

11(1) The other plan must, in addition to meeting the requirements

section 14(1) of the Act Schedule,

(

a) provide for the benefits and entitlements provided

for by

Part 5 of the plan rules to withdrawing participants or for benefits

and entitlements that are not less favourable for those persons in respect

(

i) pensionable service accumulated to the

time of withdrawal, and

(ii) pensionable salaries earned during

participation in the Plan and in the other plan,

(

b) provide in effect that all service of or with

respect to withdrawing persons that counts as pensionable service for the

purposes of determining eligibility for benefits under the Plan is to count

as pensionable service for those purposes under the other plan, and

(

e) provide to persons referred to in

section

12(1)(c.1) the protection afforded by

section 13 of this Regulation

(preceding this Schedule).

(2) The other plan must also provide in effect that

(

a) the legal owners of the pension fund of the other

plan are to hold all the assets transferred from the Plan to the other plan

and all investment income and capital appreciation derived from those

assets in trust, and to use them, for the sole purposes of providing

benefits and entitlements under the other plan to withdrawing persons and

to meet the other plan's administration costs that relate to those benefits

and entitlements and any payments payable from the pension fund of the

other plan under any indemnity provided for in the Act

Schedule or this

Part, until all of those benefits, entitlements and costs have been

discharged or satisfied in their entirety, and

(

b) subject to clause (a), those assets, investment

income and capital appreciation belong beneficially to the withdrawing

persons.

(3) To avoid any doubt, benefits and entitlements are not less

favourable, for the purposes of subsection (1)(a), by reason only of their

being provided by means of defined contribution provisions within the

meaning of the Employment Pension Plans Act if

(

a) the arrangements under those defined contribution

provisions are agreed to in writing by each withdrawing participant who

elects to participate in the other plan under those defined contribution

arrangements, and

(

b) the benefits and entitlements provided to each such

withdrawing participant are of equivalent value to those benefits and

entitlements to which the participant would be entitled if he did not agree

to those arrangements.

Employees, etc. withdrawn

12(1) Subject to this section, on a withdrawal, the withdrawing

employer withdraws from the Plan only in relation to

(

a) persons who were participants and who were

employees of that employer immediately before the time of withdrawal and

who do not terminate with effect as at, or die at, the time of withdrawal,

(c.1) spouses or former spouses of persons referred to in

clause (

a) who, immediately before the time of withdrawal, have

entitlements to benefits arising under matrimonial property orders filed

with the Minister with respect to those persons, and

(

d) persons prospectively or potentially entitled to

benefits under the Plan accrued to the time of withdrawal through persons

referred to in clause (

a) or (c.1).

(2) A person who

(

a) falls within subsection (1)(a), and

(

b) was, immediately before the time of withdrawal,

also accruing pensionable service with another employer who is not a

withdrawing employer,

remains a participant of the Plan as well as becoming a member of the

other plan.

(4) A person referred to in subsection (2)

(

a) withdraws from the Plan in relation to service

performed or treated by the Board as performed before the time of

withdrawal with the withdrawing employer, and

(

b) remains in the Plan in relation to service

performed or treated by the Board as performed before the time of

withdrawal with the employer remaining in the Plan.

(5) Where there are 2 or more withdrawing employers involved

withdrawing to 2 or more other plans, a person referred to in subsection

(1)(

a) becomes a member of both or all of the other plans to the respective

extent decided by the Board.

(6) The Board shall make any decisions required by subsection (4) or

(5) on the basis which, in its opinion, most closely reflects the overall

intent of this Part.

Timing

13(1) The time of withdrawal must occur as at the end of a calendar

year unless the Board and the withdrawing employer agree in writing that it

is to occur as at the end of another day specified in the agreement.

(2) Subject to

section 12, withdrawing participants cease to be

participants immediately before the time of withdrawal and become members

of the other plan immediately after that time, and other withdrawing

persons cease to have their current, prospective or potential entitlements

under this Plan and assume their respective entitlements, if any, under the

other plan at those respective times.

Information and disclosure

14(1) An employer who wishes to withdraw from the Plan must give

written notice of the intention to withdraw, specifying when the withdrawal

is intended to become effective,

(

a) to the Minister and the Board at least 12 months in

advance, and

(

b) to each potential withdrawing participant at least

9 months in advance.

(2) At least 9 months before the time of withdrawal, the Board must

report in writing to the withdrawing employer the Board's estimation, as at

the time of withdrawal and with respect to that employer, of

(

a) the apportionment of the pre-1992 and post-1991

assets that will be determined on the basis set out in

section 17, and

(

b) the apportionment of the pre-1992 and post-1991

liabilities.

(2.1) At least 6 months before the time of withdrawal, the

withdrawing employer must provide written notice to each potential

withdrawing participant regarding the withdrawal containing

(

a) a

summary of the other plan, including the relevant

benefits and entitlements under that plan,

(

b) a description of the conditions that the other plan

is required by

section 11 to meet and a certification by the withdrawing

employer that the other plan meets those requirements,

(

c) a general description of the obligations of the

withdrawing employer, its employees and the Crown to pay additional

contributions, and

(

d) the name of the withdrawing employer's

representative who can provide more information to potential withdrawing

participants on request.

(3) At least 3 months before the time of withdrawal, the withdrawing

employer must submit to the Board and the Minister, in writing,

(

a) confirmation by the employer of the decision to

withdraw,

(

b) certification by the other plan's actuary that the

other plan meets the requirements of

section 11(1),

(

c) a copy of the indemnity for the Crown given by that

employer under

section 14(5) of the Act Schedule,

(

e) a written opinion of the legal adviser of the

withdrawing employer to the effect that the other plan meets the

requirements of

section 11(2),

(

f) certification by the employer that the disclosure

required by subsection (2.1) has been made,

(

g) a copy of the notice given under subsection (2.1),

and

(

h) certification by the employer that the proposed

withdrawal has the support of a majority of the potential withdrawing

participants.

(4) At the earliest practicable time, the Board must

(

a) report in writing to the withdrawing employer, with

respect to that employer, the final apportionment of the pre-1992 and

post-1991 assets under

section 17 and of the pre-1992 and post-1991

liabilities, and

(

b) provide to the withdrawing employer a copy of the

actuarial valuation referred to in

section 16(1),

and, as soon as practicable thereafter, the withdrawing employer must

provide to the Minister and the Board a certificate agreeing to that

apportionment.

(5) If the withdrawing employer so requests, the Board must

forthwith provide to that employer the data and working papers used for

calculating the apportionments of assets and liabilities referred to in

subsections (2) and (4).

(6) For the purposes of subsections (2) and (4), the pre-1992 and

the post-1991 liabilities following the provisional and final

apportionments are to be taken as the amounts "B" and "D", as defined in

section 16(1)(

b) and (d), respectively.

(7) At the earliest practicable time, the withdrawing employer must

submit to the Board and the Minister a copy of the indemnity for the Crown

given by the legal owners of the pension fund of the other plan under

section 14(5) of the Act Schedule.

Completion of purchases of service

14.1(1) Where a withdrawing participant made arrangements to acquire

service as pensionable service before the time of withdrawal, has not fully

paid for the service being acquired and wishes to transfer the service not

yet paid for to the other plan, payment must be made for that unacquired

service before the time of withdrawal.

(2) No service that has not been paid for may be transferred to the

other plan.

(3) At least 6 months before the time of withdrawal, the Minister

must give written notice to each potential withdrawing participant who has

made arrangements to acquire service as pensionable service and has not

fully paid for the service being acquired, of the obligation to pay

outstanding amounts for that service prior to the time of withdrawal in

order to receive appropriate credit as a result of such payment.

Application fee and withdrawal costs

15(1) The Provincial Treasurer may charge the plan fund for all

reasonable costs, including the cost referred to in

section 23 but

excluding any plan costs, incurred by the Minister, the Board and the

Provincial Treasurer before the completion or withdrawal of the withdrawal,

with respect to the withdrawal or proposed withdrawal.

(2) The withdrawing employer

(

a) on applying for the withdrawal must pay the plan

fund a fee on account of the costs chargeable under subsection (1), in an

amount equal to $50 times the number of withdrawing participants

anticipated, to a maximum of $5000, and

(

b) is further liable to the plan fund for any costs

charged to the plan fund under subsection (1) that exceed in amount the

amount of that fee.

(3) Subject to subsection (6), the costs for which the withdrawing

employer is liable under subsection (2)(

b) are to be deducted from the

assets apportioned to the withdrawing employer under

section 17 in

accordance with

section 17(4) and (5).

(4) If the withdrawal is withdrawn, the withdrawing employer must

reimburse the plan fund for any costs incurred with respect to the

examination of the proposed withdrawal for which the employer is liable

under subsection (2)(b), in which case the withdrawing employer must pay

those costs within 30 days of being charged for them by the Provincial

Treasurer.

(5) Transactions involving withdrawal costs under this

section

involving the plan fund must be applied to its post-1991 assets.

(6) As an alternative to having assets reduced as referred to in

subsection (3), the withdrawing employer may elect in writing to the

Provincial Treasurer, at least 3 months before the time of withdrawal, to

reimburse the plan fund directly for the costs for which the employer is

liable under subsection (2)(b), in which case the employer must pay those

costs within 30 days of being charged for them by the Provincial Treasurer.

(7) The Provincial Treasurer shall repay from the plan fund an

amount equal to the amount, if any, by which the application fee paid under

subsection (2)(

a) exceeds the total amount ultimately chargeable under

subsection (1).

Definitions for calculation purposes

16(1) The following letters designate the amounts used in the

calculations under sections 17 and 17.1(1) as determined in a written

actuarial valuation that is prepared for the purposes of the withdrawal as

at the time of withdrawal on the basis of the actuarial valuation methods

and assumptions and that is approved by the Board:

(a) "A" means the pre-1992 liability;

(b) "B" means the pre-1992 liability, so far as it

relates to the withdrawing persons;

(c) "C" means the post-1991 liability;

(d) "D" means the post-1991 liability, so far as it

relates to the withdrawing persons;

(e) "E" means the market value of the pre-1992 assets;

(f) "F" means the market value of the post-1991 assets;

(g) "G" means the decimalized fraction (rounded to 5

decimal places) representing the ratio, determined immediately before the

time of withdrawal, of the aggregate annualized pensionable salaries of the

withdrawing participants to those of all withdrawing participants and other

participants who do not terminate with effect as at, or die at, the time of

withdrawal.

(2) For the purposes of subsection (1), except so far as they relate

to the withdrawing persons,

(

a) a pre-1992 liability includes the amount, if any,

by which liabilities in respect of service for which a written application

to purchase it was made before 1992 and that is in the course of being

purchased over time and that, at the time of withdrawal, has not yet been

paid for exceed the present value of the outstanding contributions in

respect of that service, and

(

b) a post-1991 liability includes the amount, if any,

by which liabilities in respect of other service that is in the course of

being purchased over time and that, at the time of withdrawal, has not yet

been paid for exceed the present value of the outstanding contributions in

respect of that service.

(3) Section 9(8) of the Act

Schedule applies to the extent that the

actuarial valuation referred to in subsection (1) applies with respect to

the Plan's unfunded liability referred to in

section 9(1) of the Act

Schedule.

Formulas for apportionment of assets

17(1) The assets to be apportioned to the withdrawing employer as at

the time of withdrawal are equal to the sum of the results of the

apportionments under this section.

(2) If A exceeds E, the pre-1992 assets to be apportioned to the

withdrawing employer as at the time of withdrawal are

B - [(A -

E) x G],

or, if A is less than or equal to E, they are

(3) If C exceeds F, the post-1991 assets to be apportioned to the

withdrawing employer as at the time of withdrawal are

D - [(C -

F) x G],

or, if C is less than or equal to F, they are

(4) Unless

section 15(6) applies, the post-1991 assets to be

apportioned to the withdrawing employer under subsection (3) are to be

reduced by an amount equal to the costs referred to in

section 15(2)(b).

(5) Unless

section 15(6) applies, if the costs referred to in

subsection (4), when finalized, exceed the post-1991 assets to be

apportioned to the withdrawing employer under subsection (3), no post-1991

assets are to be apportioned to the withdrawing employer, and the

withdrawing employer must pay an amount equal to the excess to the plan

fund within 30 days of being charged for them by the Provincial Treasurer.

Pre-1992 unfunded liability provisions

17.1(1) In this section,

(a) "other plan's initial unfunded amount" means an

amount equal to the other plan's pre-1992 unfunded liability as at the time

of withdrawal based on the actuarial valuation methods and assumptions,

which amount is equal to

(A -

E) x G

or, if that amount is negative, zero;

(b) "other plan's pre-1992 unfunded liability" means

the other plan's unfunded liability in respect of service that was

recognized as pensionable service, and the benefits that were in place,

under the Plan as at December 31, 1991;

(c) "total required" means the aggregate additional

contributions that are required to be paid under subsection (6), expressed

as the constant percentage referred to in that subsection.

(2) If the other plan's initial unfunded amount

(

a) is a positive amount, additional contributions are

payable in respect of it to the other plan, and

(

b) is equal to zero, the Crown has no liability for

additional contributions and subsections (3) to (13) do not apply.

(3) The rules of the other plan must require that the other plan's

pre-1992 unfunded liability is re-determined by the other plan's actuary at

each actuarial valuation for funding purposes and that a separate

accounting is made and maintained in respect of that liability, including

the application of the additional contributions and the application of any

payments made pursuant to the funding and solvency requirements as a result

of subsection (11).

(4) A re-determination of the other plan's pre-1992 unfunded

liability referred to in subsection (3) is subject to approval by the

Provincial Treasurer if such approval is required by him.

(5) The withdrawing employer must provide a copy of each actuarial

valuation of the other plan prepared for funding purposes, with the data

and working papers relating to that valuation, to the Provincial Treasurer

within 60 days of being requested to do so.

(6) Additional contributions are payable as a constant percentage of

the pensionable salaries of the employees of the withdrawing employer who

are members of the other plan and that percentage must be determined,

subject to the approval of the Provincial Treasurer, on the basis that

(

a) those contributions are paid quarterly,

(

b) future pensionable salaries of those employees are

projected over the period from the time of withdrawal to December 31, 2036,

and

(

c) the actuarial present value, as at the time of

withdrawal, of all additional contributions over the period to December 31,

2036 is equal to the other plan's initial unfunded amount,

with the projection of pensionable salaries referred to in clause (

b) and the actuarial present value referred to in clause (

c) being calculated

using the actuarial valuation methods and assumptions.

(7) The additional contributions required to be paid are

(

a) by the Crown, additional contributions in the

aggregate amount of 30% of the total required;

(

b) additional contributions

(

i) by the withdrawing employer, or

(ii) if there are 2 or more withdrawing

employers, by those employers, with the contributions being based as

between different employers proportionately on the pensionable salaries of

all members of the other plan who are employees of a particular employer,

in the aggregate amount of 35% of the total

required;

(

c) by the employees of the withdrawing employer who

are members of the other plan, additional contributions, based as between

individual such members proportionately on each person's pensionable

salary, in the aggregate amount of 35% of the total required.

(8) The Crown ceases to be liable to pay additional contributions at

the earliest of the following:

(

a) the end of December, 2036;

(

b) the date the other plan's pre-1992 unfunded

liability is first eliminated;

(

c) the effective date of the termination of the other

plan;

(

d) the date the other plan is de-registered under the

tax rules;

(

e) the date the condition in

section 14(6) of the Act

Schedule is first not met.

(9) The withdrawing employer shall give the Provincial Treasurer at

least 12 months' written notice or, if that period of notice is impossible,

written notice at the earliest possible time, of the effective date of any

proposal by any person

(

a) to eliminate the other plan's pre-1992 unfunded

liability,

(

b) to terminate the other plan,

(

c) to de-register the other plan under the tax rules,

(

d) to cease to continue to pay additional

contributions.

(10) Subject to subsection (8), the total required and the

schedule

of additional contributions established under subsections (6) and (7), once

established, are never to change.

(11) The liability of the Crown under

section 14(6) and (7) of the

Act

Schedule is limited to its liability for the payment of additional

contributions, and any further payments that may be required in respect of

the other plan's pre-1992 unfunded liability are to be paid pursuant to the

funding and solvency requirements.

(12) If it transpires at any time that the Crown has paid additional

contributions in excess of the amount that was required, the overpayment is

repayable to the Crown, with interest, as a debt, and the Provincial

Treasurer may charge the other plan interest on the overpayment at the rate

per year equal to the prime interest rate, according to the Canadian

Imperial Bank of Commerce, on the first banking day of each quarter, plus

2%.

(13) If additional contributions are to be paid, the rules of the

other plan must require separate accounting of the pre-1992 and the

post-1991 assets apportioned under

section 17.

Alternative pre-1992 unfunded liability arrangements

17.2(1) Notwithstanding anything in

section 17.1 but subject to

section 14 of the Act

Schedule and subsection (2), as part of the terms and

conditions of the withdrawal, the Provincial Treasurer and the withdrawing

employer may agree in writing to

(

a) a different

schedule of additional contributions

from that in

section 17.1(6) and (7), including one that allows the

employer to assume liability for all or part of the employees' share of

additional contributions, and

with in

section 17.1 generally that deviate from that section.

(2) An agreement under subsection (1) must not subject employees of

the withdrawing employer who are members of the other plan to paying a

higher percentage of their pensionable salaries as additional contributions

than would be the case if

section 17.1 applied.

Order in Council effectuating withdrawal

17.3 The Lieutenant Governor in Council may, if satisfied that

section 14 of the Act

Schedule and this Part have been met, order the

withdrawal with effect as at the time of withdrawal.

Apportionment and transfer

18(1) Before the time of withdrawal, the Board shall estimate the

assets to be apportioned to the withdrawing employer as at the time of

withdrawal on the basis set out in

section 17.

(2) At and as at the time of withdrawal, the Provincial Treasurer

shall make an initial transfer to the pension fund of the other plan of an

amount equal to 80% of the estimated apportionment.

(3) At the earliest practicable time after the finalization of data,

the Board shall determine the final apportionment of assets to the

withdrawing employer, as at the time of withdrawal, on the basis set out in

section 17 and, once the withdrawing employer has provided the certificate

under

section 14(4), the transfer under subsection (4) or the return of

excess under subsection (5) shall be made forthwith.

(4) If the amount determined under subsection (3) exceeds the amount

transferred under subsection (2), the Provincial Treasurer shall transfer

the remainder of the apportionment, with interest from the time of

withdrawal to the date of payment, from the plan fund to the pension fund

of the other plan.

(5) If the amount determined under subsection (3) is less than the

amount transferred under subsection (2), the legal owners of the other

plan's pension fund shall return the excess, with interest from the time of

withdrawal to the date of payment, from the pension fund of the other plan

to the plan fund in the form of cash or, with the consent of the Provincial

Treasurer, specific assets equal in market value to the amount required, or

a combination of both.

(6) Interest under subsection (4) or (5) is payable on the basis of

the market rate of return earned by the plan fund, net of those investment

costs that are specified by the Provincial Treasurer for that purpose, from

the time of withdrawal until the latest date up to which that rate is

available, and on the basis of the rate of return earned by the

Consolidated Cash Investment Trust Fund for the remainder of the period to

the date of payment.

(7) The transfers from the plan fund under subsections (2) and

(4) are to consist of such specific assets and to be in such of the following

forms as is decided by the Provincial Treasurer after consulting with the

Board, namely

(

a) in cash,

(

b) on the basis of a prorated interest in the

investments of the plan fund valued at market value, or

(

c) as a combination of the forms set out in clauses

(

a) and (b),

and where the transfer would require a significant liquidation of the

assets in a pooled fund, the transfer may include securities held by the

pooled fund.

(8) Where any assets transferred under subsection (2) or (4) are

interests in a pooled fund, the other plan must redeem those interests in

accordance with the guidelines established for the pooled fund within one

year of the date of the transaction under subsection (4) or (5) or within

such longer period as is agreed in writing between the withdrawing employer

and the Provincial Treasurer.

(9) The guidelines referred to in subsection (8) are exempt from the

Regulations Act.

(10) The assets and liabilities attributable to the withdrawing

employer as at the time of withdrawal become final when, and may not change

after, the transaction described in subsection (4) or (5) is completed.

Application to withdrawing persons accruing multiple service

19 Where

(a) subsections (2) and (4) or subsection (5) of

section 12 apply, or

(

b) any other similar circumstances that give rise to

doubt as to a person's pension coverage or potential coverage under this

Part arise,

any apportionment or other separation or division that needs to be

done under this Part as between the Plan and the other plan or plans or

between the other plans must be done on a basis that is approved by the

Board and that most closely reflects the overall intent of this Part.

Indemnific-ation

20(1) The withdrawing employer and the legal owners of the pension

fund of the other plan indemnify

(

a) the Board and the members of the Board for any

damages or legal and other expenses incurred in defending any claim against

the Board or any Board member that arises directly or indirectly from the

withdrawal, and

(

b) the plan fund and the Plan's administrator and

trustee for any claims made by any person that arise directly or indirectly

from the withdrawal.

(2) Subject to subsection (1), an indemnification by subsection

(1)(

a) covers anything done by the Board or Board member, as the case may

be, in good faith in the exercise of powers, duties and functions under

section 14 of the Act

Schedule or this Part.

Agreement to alter time limits

21 Notwithstanding anything in this Part, where a provision of this

Part requires anything to be done within a certain period or by a specified

time prior to the time of withdrawal, the Minister, the Board and the

withdrawing employer may enter into a written agreement altering the time

before which that thing must be done.

Transfer of records and documents

23 As soon as is practicable, the Minister shall transfer to the

administrator of the other plan, at the withdrawing employer's cost, those

documents and records that the Minister holds as the administrator of the

Plan, that pertain to withdrawing persons and that are needed for the

administration of the other plan.

References in matrimonial property orders

24 Where there is a reference to the Plan in a matrimonial property

order in respect of a withdrawing person, that reference is to be treated,

with effect from the time of withdrawal, as a reference to the other plan.

4 This Regulation, to the extent that

section 3(

b) incorporates a new

Part 2 into

Schedule 1 to the Regulation being amended, comes into force on

January 1, 1998.

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

Alberta Regulation 198/97

Public Sector Pension Plans Act

PUBLIC SECTOR PENSION PLANS (LEGISLATIVE

PROVISIONS) AMENDMENT REGULATION

Filed: October 29, 1997

Made by the Lieutenant Governor in Council (O.C. 475/97) pursuant to

Schedule 1, sections 12, 14 and 14.1 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 8.1(6) is amended by adding "or 40 or 41(2)" before "of

Schedule 1".

Schedule 1 is amended by adding the following after

section 24:

PART 3

WITHDRAWAL OF TELUS EDMONTON

Application

25 The Minister's having consulted with the Board on the matter and

having determined that the corporations referred to in this Part as "TELUS

Edmonton" are about to become ineligible to continue to participate in the

Plan as employers, this Part establishes, in addition to

section 14.1 of

the Act Schedule, the bases for the withdrawal of TELUS Edmonton from the

Plan under that section, the method by which that withdrawal is to be made

General

definitions

26 In this Part,

(a) "actuarial valuation methods and assumptions" means

the actuarial cost methods and assumptions used by the Plan's actuary in

the actuarial valuation report for funding purposes, but with assets being

valued at market value, that is coincident with or that most recently

precedes the time of withdrawal;

(b) "additional contributions" means additional

contributions paid or payable to the other plan under

section 14.1(4) of

the Act

Schedule as it incorporates

section 14(6) and (7) of the Act

Schedule, and under

section 36(6) and (7) or 37;

(c) "federal Pensions Act" means the Pension Benefits

Standards Act, 1985 (Canada);

(d) "market value" means the amount that the Provincial

Treasurer, using generally accepted accounting principles, including the

accounting recommendations of the Canadian Institute of Chartered

Accountants set out in the Handbook published by that Institute, as amended

from time to time, determines to represent the value of the assets or

investments that would be agreed on in an arm's length transaction between

knowledgeable and willing parties who are under no compulsion to act;

(e) "other plan" means a registered pension plan, other

than the Plan, to which the federal Pensions Act applies;

(f) "post-1991 assets" means the Plan's assets, as

determined and reflected in the Plan's most recent audited financial

statements coincident with or preceding the time of withdrawal and updated,

if necessary, to the time of withdrawal, in respect of the post-1991

liability;

(g) "post-1991 liability" means the Plan's liabilities

in respect of all service recognized as pensionable service and all

benefits in place, less the pre-1992 liability;

(h) "pre-1992 assets" means the Plan's assets, as

determined and reflected in the Plan's most recent audited financial

statements coincident with or preceding the time of withdrawal and updated,

if necessary, to the time of withdrawal, in respect of the pre-1992

liability;

(i) "pre-1992 liability" means the Plan's liabilities

in respect of all service that was recognized as pensionable service, and

all the benefits that were in place, as at December 31, 1991;

(j) "TELUS Edmonton" means any or all of the

corporations individually and collectively referred to as "TELUS Edmonton"

section 116.1 of the plan rules, and, after the time of withdrawal,

includes its or their successors;

(k) "time of withdrawal" means the end of calendar year

1997 or such later date, if any, as is previously requested in a written

notice given by TELUS Edmonton to the Minister and as is approved in

writing before that first-mentioned date by the Minister;

(l) "withdrawal" means the withdrawal of TELUS Edmonton

from the Plan under

section 14.1 of the Act

Schedule and this Part and

includes the consequential transfer of a portion of the liabilities and

assets of the Plan under those provisions;

(m) "withdrawing participant" means a withdrawing

person described in

section 29(a);

(n) "withdrawing person" means a person falling within

section 29(a), (

b) or (c).

Withdrawal by TELUS Edmonton from Plan

27(1) TELUS Edmonton may withdraw from participation in, and cease

to be an employer for the purposes of, the Plan and have a portion of the

Plan's liabilities and assets transferred to the other plan if the

conditions set out in and the requirements of this Part are met.

(2) The withdrawal may be effected only if all the corporations

referred to in

section 116.1 of the plan rules withdraw from the Plan and

withdraw at the same time.

Required characteristics of other plan

28(1) The other plan must, in addition to meeting the requirements

section 26(e),

(

a) provide for the benefits and entitlements provided

for by

Part 5 of the plan rules to withdrawing participants or for benefits

and entitlements that are not less favourable for those persons in respect

(

i) pensionable service accumulated to the

time of withdrawal, and

(ii) pensionable salaries earned during

participation in the Plan and in the other plan,

(

b) provide to persons referred to in

section 29(

b) the

protection afforded by

section 13 of the Regulations (preceding the

Schedules), and

(

c) provide in effect that all service of or with

respect to withdrawing persons that counts as pensionable service for the

purposes of determining eligibility for benefits under the Plan is to count

as pensionable service for those purposes under the other plan.

(2) The other plan must also provide in effect that

(

a) the legal owner of the pension fund of the other

plan is to hold all the assets transferred from the Plan to the other plan

and all investment income and capital appreciation derived from those

assets in trust, and to use them, for the sole purposes of providing

benefits and entitlements under the other plan to withdrawing persons and

to meet the other plan's administration costs that relate to those benefits

and entitlements and any payments payable from the pension fund of the

other plan under any indemnity provided for in the Act

Schedule or this

Part, until all of those benefits, entitlements and costs have been

discharged or satisfied in their entirety, and

(

b) subject to clause (a), those assets, investment

income and capital appreciation belong beneficially to the withdrawing

persons.

(3) To avoid any doubt, benefits and entitlements are not less

favourable, for the purposes of subsection (1)(a), by reason only of their

being provided by means of defined contribution provisions within the

meaning of the federal Pensions Act if

(

a) the arrangements under those defined contribution

provisions are agreed to in writing by each withdrawing participant who

elects to participate in the other plan under those defined contribution

arrangements, and

(

b) the benefits and entitlements provided to each such

withdrawing participant are of equivalent value to those benefits and

entitlements to which the participant would be entitled if he did not agree

to those arrangements.

Employees, etc., withdrawn

29 TELUS Edmonton withdraws from the Plan only in relation to

(

a) persons who were participants and who were

employees of TELUS Edmonton immediately before the time of withdrawal and

who do not terminate with effect as at, or die at, the time of withdrawal,

(

b) spouses or former spouses of persons referred to in

clause (

a) who, immediately before the time of withdrawal, have

entitlements to benefits arising under matrimonial property orders filed

with the Minister with respect to those persons, and

(

c) persons prospectively or potentially entitled to

benefits under the Plan accrued to the time of withdrawal through persons

referred to in clause (

a) or (b).

Effective

time of change-over

30 Withdrawing participants cease to be participants immediately

before the time of withdrawal and become members of the other plan

immediately after that time, and other withdrawing persons cease to have

their current, prospective or potential entitlements under this Plan and

assume their respective entitlements, if any, under the other plan at those

respective times.

Information and disclosure

31(1) Before the time of withdrawal and as soon as practicable, the

Board must report in writing to TELUS Edmonton the Board's estimation, as

at the time of withdrawal and with respect to TELUS Edmonton, of

(

a) the apportionment of the pre-1992 and post-1991

assets that will be determined on the basis set out in

section 35, and

(

b) the apportionment of the pre-1992 and post-1991

liabilities.

(2) Before the time of withdrawal and as soon as practicable, TELUS

Edmonton must provide written notice to each potential withdrawing

participant regarding the withdrawal containing

(

a) a

summary of the other plan, including the relevant

benefits and entitlements under that plan,

(

b) a description of the conditions that the other plan

is required by

section 28 to meet and a certification by TELUS Edmonton

that the other plan meets those requirements,

(

c) a general description of the obligations of TELUS

Edmonton, its employees and the Crown to pay additional contributions, and

(

d) the name of TELUS Edmonton's agent who can provide

more information to potential withdrawing participants on request.

(3) Before the time of withdrawal and as soon as is practicable in

each case, TELUS Edmonton must submit to the Board and the Minister, in

writing,

(

a) certification by TELUS Edmonton that the disclosure

required by subsection (2) has been made, and

(

b) a copy of the notice given under subsection (2).

(4) As soon as is practicable in each case, TELUS Edmonton must

submit to the Board and the Minister, in writing,

(

a) certification by the other plan's actuary that the

other plan meets the requirements of

section 28(1),

(

b) a written opinion of the legal adviser of TELUS

Edmonton to the effect that the other plan meets the requirements of

section 28(2), and

(

c) evidence of the other plan's registration under the

tax rules.

(5) At the earliest practicable time, the Board must

(

a) report in writing to TELUS Edmonton, with respect

to that employer, the final apportionment of the pre-1992 and post-1991

assets under

section 35 and of the pre-1992 and post-1991 liabilities, and

(

b) provide a copy of the actuarial valuation referred

to in

section 34(1),

and, as soon as practicable thereafter, TELUS Edmonton must provide

to the Minister and the Board a certificate agreeing to that apportionment.

(6) If TELUS Edmonton so requests, the Board must forthwith provide

to TELUS Edmonton the data and working papers used for calculating the

apportionments of assets and liabilities referred to in subsections (1) and

(5).

(7) For the purposes of subsections (1) and (5), the pre-1992 and

the post-1991 liabilities following the provisional and final

apportionments are to be taken as the amounts "B" and "D", as defined in

section 34(1)(

b) and (d), respectively.

Completion of purchases of service

32(1) Where a withdrawing participant made arrangements to acquire

service as pensionable service before the time of withdrawal, has not fully

paid for the service being acquired and wishes to transfer the service not

yet paid for to the other plan, payment must be made for that unacquired

service before the time of withdrawal.

(2) No service that has not been paid for may be transferred to the

other plan.

Withdrawal costs

33(1) TELUS Edmonton is liable for all reasonable costs, including

the cost referred to in

section 43 but excluding any plan costs, incurred

by the Minister, the Board and the Provincial Treasurer before the

completion of the withdrawal, with respect to the withdrawal.

(2) Subject to subsection (4), the costs for which TELUS Edmonton is

liable under subsection (1) are to be deducted from the assets apportioned

to TELUS Edmonton under

section 35, in accordance with

section 35(4).

(3) Transactions involving withdrawal costs under this

section

involving the plan fund must be applied to its post-1991 assets.

(4) As an alternative to having assets reduced as referred to in

subsection (2), TELUS Edmonton may elect in writing to the Provincial

Treasurer, before the time of withdrawal, to pay directly for the costs for

which the TELUS Edmonton is liable under subsection (1), in which case

TELUS Edmonton must pay those costs within 30 days of being charged for

them by the Provincial Treasurer.

Definitions for calculation purposes

34(1) The following letters designate the amounts used in the

calculations under sections 35 and 36(1) as determined in a written

actuarial valuation that is prepared for the purposes of the withdrawal as

at the time of withdrawal on the basis of the actuarial valuation methods

and assumptions and that is approved by the Board:

(a) "A" means the pre-1992 liability;

(b) "B" means the pre-1992 liability, so far as it

relates to the withdrawing persons;

(c) "C" means the post-1991 liability;

(d) "D" means the post-1991 liability, so far as it

relates to the withdrawing persons;

(e) "E" means the market value of the pre-1992 assets;

(f) "F" means the market value of the post-1991 assets;

(g) "G" means the decimalized fraction (rounded to 5

decimal places) representing the ratio, determined immediately before the

time of withdrawal, of the aggregate annualized pensionable salaries of the

withdrawing participants to those of all withdrawing participants and other

participants who do not terminate with effect as at, or die at, the time of

withdrawal.

(2) For the purposes of subsection (1), except so far as they relate

to the withdrawing persons,

(

a) a pre-1992 liability includes the amount, if any,

by which liabilities in respect of service for which a written application

to purchase it was made before 1992 and that is in the course of being

purchased over time and that, at the time of withdrawal, has not yet been

paid for exceed the present value of the outstanding contributions in

respect of that service, and

(

b) a post-1991 liability includes the amount, if any,

by which liabilities in respect of other service that is in the course of

being purchased over time and that, at the time of withdrawal, has not yet

been paid for exceed the present value of the outstanding contributions in

respect of that service.

(3) Section 9(8) of the Act

Schedule applies to the extent that the

actuarial valuation referred to in subsection (1) applies with respect to

the Plan's unfunded liability referred to in

section 9(1) of the Act

Schedule.

Formulas for apportionment of assets

35(1) The assets to be apportioned to TELUS Edmonton as at the time

of withdrawal are equal to the sum of the results of the apportionments

under this section.

(2) If A exceeds E, the pre-1992 assets to be apportioned to TELUS

Edmonton as at the time of withdrawal are

B - [(A -

E) x G]

or, if A is less than or equal to E, they are

(3) If C exceeds F, the post-1991 assets to be apportioned to TELUS

Edmonton as at the time of withdrawal are

D - [(C -

F) x G]

or, if C is less than or equal to F, they are

(4) Unless

section 33(4) applies, the post-1991 assets to be

apportioned to TELUS Edmonton under subsection (3) are to be reduced by an

amount equal to the costs for which TELUS Edmonton is liable under

section

33(1).

Pre-1992 unfunded liability provisions

36(1) In this section,

(a) "other plan's initial unfunded amount" means an

amount equal to the other plan's pre-1992 unfunded liability as at the time

of withdrawal based on the actuarial valuation methods and assumptions,

which amount is equal to

(A -

E) x G

or, if that amount is negative, zero;

(b) "other plan's pre-1992 unfunded liability" means

the other plan's unfunded liability in respect of service that was

recognized as pensionable service, and the benefits that were in place,

under the Plan as at December 31, 1991;

(c) "total required" means the aggregate additional

contributions that are required to be paid under subsection (6), expressed

as the constant percentage referred to in that subsection.

(2) If the other plan's initial unfunded amount

(

a) is a positive amount, additional contributions are

payable in respect of it to the other plan, and

(

b) is equal to zero, the Crown has no liability for

additional contributions and subsections (3) to (13) do not apply.

(3) The rules of the other plan must require that the other plan's

pre-1992 unfunded liability is re-determined by the other plan's actuary at

each actuarial valuation for funding purposes and that a separate

accounting is made and maintained in respect of that liability, including

the application of the additional contributions and the application of any

payments made pursuant to the requirements of the federal Pensions Act

dealing with funding and solvency as a result of subsection (11).

(4) A re-determination of the other plan's pre-1992 unfunded

liability referred to in subsection (3) is subject to approval by the

Provincial Treasurer if such approval is required by him.

(5) TELUS Edmonton must provide a copy of each actuarial valuation

of the other plan prepared for funding purposes, with the data and working

papers relating to that valuation, to the Provincial Treasurer within 60

days of being requested to do so.

(6) Additional contributions are payable as a constant percentage of

the pensionable salaries of the employees of TELUS Edmonton who are members

of the other plan and that percentage must be determined, subject to the

approval of the Provincial Treasurer, on the basis that

(

a) those contributions are paid quarterly,

(

b) future pensionable salaries of those employees are

projected over the period from the time of withdrawal to December 31, 2036,

and

(

c) the actuarial present value, as at the time of

withdrawal, of all additional contributions over the period to December 31,

2036 is equal to the other plan's initial unfunded amount,

with the projection of pensionable salaries referred to in clause (

b) and the actuarial present value referred to in clause (

c) being calculated

using the actuarial valuation methods and assumptions.

(7) The additional contributions required to be paid are

(

a) by the Crown, additional contributions in the

aggregate amount of 30% of the total required;

(

b) by TELUS Edmonton, additional contributions in the

aggregate amount of 35% of the total required;

(

c) by the employees of TELUS Edmonton who are members

of the other plan, additional contributions, based as between individual

such members proportionately on each person's pensionable salary, in the

aggregate amount of 35% of the total required.

(8) The Crown ceases to be liable to pay additional contributions at

the earliest of the following:

(

a) the end of December, 2036;

(

b) the date the other plan's pre-1992 unfunded

liability is first eliminated;

(

c) the effective date of the termination of the other

plan;

(

d) the date the other plan is de-registered under the

tax rules;

(

e) the date the condition in

section 14.1(4) of the

Act Schedule, as it incorporates

section 14(6) of the Act Schedule, is

first not met.

(9) TELUS Edmonton shall give the Provincial Treasurer at least 12

months' written notice or, if that period of notice is impossible, written

notice at the earliest possible time, of the effective date of any proposal

by any person

(

a) to eliminate the other plan's pre-1992 unfunded

liability,

(

b) to terminate the other plan,

(

c) to de-register the other plan under the tax rules,

(

d) to cease to continue to pay additional

contributions.

(10) Subject to subsection (8), the total required and the

schedule

of additional contributions established under subsections (6) and (7), once

established, are never to change.

(11) The liability of the Crown under

section 14.1(4) of the Act

Schedule, as it incorporates

section 14(6) and (7) of the Act

Schedule is

limited to its liability for the payment of additional contributions, and

any further payments that may be required in respect of the other plan's

pre-1992 unfunded liability are to be paid pursuant to the requirements of

the federal Pensions Act dealing with funding and solvency.

(12) If it transpires at any time that the Crown has paid additional

contributions in excess of the amount that was required, the overpayment is

repayable to the Crown, with interest, as a debt, and the Provincial

Treasurer may charge the other plan interest on the overpayment at the rate

per year equal to the prime interest rate, according to the Canadian

Imperial Bank of Commerce, on the first banking day of each quarter, plus

2%.

(13) If additional contributions are to be paid, the rules of the

other plan must require separate accounting of the pre-1992 and the

post-1991 assets apportioned under

section 35.

Alternative pre-1992 unfunded liability arrangements

37(1) Notwithstanding anything in

section 36 but subject to

section

14.1 of the Act

Schedule and subsection (2) of this section, as part of the

Edmonton may agree in writing to

(

a) a different

schedule of additional contributions

from that in

section 36(6) and (7), including one that allows TELUS

Edmonton to assume liability for all or part of the employees' share of

additional contributions, and

with in

section 36 generally that deviate from that section.

(2) An agreement under subsection (1) must not subject employees of

TELUS Edmonton who are members of the other plan to paying a higher

percentage of their pensionable salaries as additional contributions than

would be the case if

section 36 applied.

Order in Council effectuating withdrawal

38 The Lieutenant Governor in Council may, if satisfied that

section 14.1 of the Act

Schedule and this Part have been met, order the

withdrawal with effect as at the time of withdrawal.

Apportionment and transfer

39(1) Before the time of withdrawal, the Board shall estimate the

assets to be apportioned to TELUS Edmonton as at the time of withdrawal on

the basis set out in

section 35.

(2) At and as at the time of withdrawal, the Provincial Treasurer

shall make an initial transfer to the pension fund of the other plan of an

amount equal to 80% of the estimated apportionment.

(3) At the earliest practicable time after the finalization of data,

the Board shall determine the final apportionment of assets to TELUS

Edmonton, as at the time of withdrawal, on the basis set out in

section 35

and, once TELUS Edmonton has provided the certificate under

section 31(5),

the transfer under subsection (4) or the return of excess under subsection

(5) shall be made forthwith.

(4) If the amount determined under subsection (3) exceeds the amount

transferred under subsection (2), the Provincial Treasurer shall transfer

the remainder of the apportionment, with interest from the time of

withdrawal to the date of payment, from the plan fund to the pension fund

of the other plan.

(5) If the amount determined under subsection (3) is less than the

amount transferred under subsection (2), the legal owner of the other

plan's pension fund shall return the excess, with interest from the time of

withdrawal to the date of payment, from the pension fund of the other plan

to the plan fund in the form of cash or, with the consent of the Provincial

Treasurer, specific assets equal in market value to the amount required, or

a combination of both.

(6) Interest under subsection (4) or (5) is payable on the basis of

the market rate of return earned by the plan fund, net of those investment

costs that are specified by the Provincial Treasurer for that purpose, from

the time of withdrawal until the latest date up to which that rate is

available, and on the basis of the rate of return earned by the

Consolidated Cash Investment Trust Fund for the remainder of the period to

the date of payment.

(7) The transfers from the plan fund under subsections (2) and

(4) are to consist of such specific assets and to be in such of the following

forms as is decided by the Provincial Treasurer after consulting with the

Board, namely

(

a) in cash,

(

b) on the basis of a prorated interest in the

investments of the plan fund valued at market value, or

(

c) as a combination of the forms set out in clauses

(

a) and (b),

and where the transfer would require a significant liquidation of the

assets in a pooled fund, the transfer may include securities held by the

pooled fund.

(8) Where any assets transferred under subsection (2) or (4) are

interests in a pooled fund, the other plan must redeem those interests in

accordance with the guidelines established for the pooled fund within one

year of the date of the transaction under subsection (4) or (5) or within

such longer period as is agreed in writing between TELUS Edmonton and the

Provincial Treasurer.

(9) The guidelines referred to in subsection (8) are exempt from the

Regulations Act.

(10) The assets and liabilities attributable to TELUS Edmonton as at

the time of withdrawal become final when, and may not change after, the

transaction described in subsection (4) or (5) is completed.

Indemnific-ation

40(1) TELUS Edmonton and the legal owner of the pension fund of the

other plan indemnify

(

a) the Board and the members of the Board for any

damages or legal and other expenses incurred in defending any claim against

the Board or any Board member that arises directly or indirectly from the

withdrawal, and

(

b) the plan fund and the Plan's administrator and

trustee for any claims made by any person that arise directly or indirectly

from the withdrawal.

(2) Subject to subsection (1), an indemnification by subsection

(1)(

a) covers anything done by the Board or Board member, as the case may

be, in good faith in the exercise of powers, duties and functions under

section 14.1 of the Act

Schedule or this Part.

Right of TELUS Corporation to give indemnities

41(1) The Minister's having approved TELUS Corporation as a related

corporation referred to in

section 14.1(5) of the Act Schedule, TELUS

Corporation may give the indemnity referred to in that subsection.

(2) TELUS Corporation may in writing assume instead of TELUS

Edmonton the obligations that

section 40 would, but for the application of

this section, have placed on TELUS Edmonton.

(3) Any obligations assumed under subsection (1) or (2) by TELUS

Corporation must bind its successors.

Alteration of time limits

42 Notwithstanding anything in this Part, where a provision of this

Part requires anything to be done within a certain period or by a specified

time, the Minister, at the request of Telus Edmonton, may in writing alter

the time before which that thing must be done.

Transfer of records and documents

43 As soon as is practicable, the Minister shall transfer to the

administrator of the other plan, at TELUS Edmonton's cost, those documents

and records that the Minister holds as the administrator of the Plan, that

pertain to withdrawing persons and that are needed for the administration

of the other plan.

References in matrimonial property orders

44 Where there is a reference to the Plan in a matrimonial property

order in respect of a withdrawing person, that reference is to be treated,

with effect from the time of withdrawal, as a reference to the other plan.

TELUS agent

45(1) TELUS Edmonton shall appoint an agent for the purposes of

receiving all notices and other communications required to be given to

TELUS Edmonton under this Part, and shall notify the Minister and the Board

of the name and address of that agent.

(2) Notwithstanding anything in this Part, all notices and other

communications to be given to the Minister, the Provincial Treasurer or the

Board may be given by the agent referred to in subsection (1).

Expiry

46 For the purpose of ensuring that this

Part is reviewed for

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

in its present or an amended form following a review, this Part expires on

June 30, 2001.

4 This Regulation comes into force on the day after it is filed under the

Regulations Act.

Alberta Regulation 199/97

Municipal Government Act

CALGARY INTERNATIONAL AIRPORT VICINITY PROTECTION

AREA AMENDMENT REGULATION

Filed: October 29, 1997

Made by the Lieutenant Governor in Council (O.C. 483/97) pursuant to

section 693 of the Municipal Government Act.

1 The Calgary International Airport Vicinity Protection Area Regulation

(AR 318/79) is amended by this Regulation.

Schedule C, Table 1, item 2 is amended in the line respecting Schools,

Kindergartens and Colleges within the column for NEF 30-35 Area by striking

out "NA" and substituting "C2".

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

Alberta Regulation 200/97

Judgment Interest Act

JUDGMENT INTEREST AMENDMENT REGULATION

Filed: October 29, 1997

Made by the Lieutenant Governor in Council (O.C. 486/97) pursuant to

section 4 of the Judgment Interest Act.

1 The Judgment Interest Regulation (AR 364/84) is amended by this

Regulation.

2 The following is added after

section 14:

15 The interest rate from January 1, 1998 to December 31, 1998 is

prescribed at 3.5% per year.

Alberta Regulation 201/97

Victims of Crime Act

VICTIMS' BENEFITS REGULATION

Filed: October 29, 1997

Made by the Lieutenant Governor in Council (O.C. 490/97) pursuant to

section 17 of the Victims of Crime Act.

Table of Contents

Fund payment request 1

Eligible offences 2

Application 3

Benefits reductions 4

Financial benefits 5

CICA reviews 6

Appeals 7

Expiry 8

Coming into force 9

Schedules

Fund payment request

1 The Minister may request that payment from the Fund be made

(

a) for grants under the Victims' Programs Regulation (AR 135/97);

(

b) for costs that in the opinion of the Minister are incurred by

the Committee and Appeal Board in carrying out their duties under this Act;

(

c) for remuneration of and expenses incurred by

(

i) the Committee, in an amount authorized under

section 5(3) of the Act, and

(ii) the Appeal Board, in an amount authorized under

section 7(3) of the Act;

(

d) for financial benefits payable under the Act and this

Regulation;

(

e) for costs that in the opinion of the Minister are incurred in

the administration of the Act.

Eligible offences

2 The offences under the Criminal Code (Canada) listed in

Schedule 1 are

offences with respect to which an application may be made for financial

benefits.

Application

3(1) An application for financial benefits must be made in writing in a

form approved by the Director pursuant to

section 12 of the Act.

(2) If a victim in respect of the victim's injury or the dependant in

respect of a victim's death is under 18 years of age, the application may

be made on behalf of the victim or dependant by the parent or guardian of

the victim or dependant unless the victim or dependant satisfies the

Director that he is living independently of a parent or guardian.

(3) The applicant for financial benefits must provide all the information

required by the Director respecting the injuries, the circumstances under

which the injuries were acquired and the nature of the injuries and must

authorize the Director to acquire that information.

(4) If an applicant has received financial benefits with respect to an

eligible offence and the applicant develops a new injury or the effect of

an injury arising from that eligible offence becomes worse,

(

a) section 12 of the Act applies to an application for a further

financial benefits, and

(

b) the Director must consider the amount of and the reason for the

financial benefits already paid and offset that amount if any further

financial benefits are to be paid.

Benefits reductions

4 If in the opinion of the Director the victim's conduct directly or

indirectly contributed to the victim's injury or death, the Director may,

depending on the conduct and how it contributed to the injury, reduce the

financial benefits by 25%, 50%, 75% or by a further amount that the

Director considers reasonable.

Financial benefits

5(1) The injuries for which financial benefits are payable and the amount

of the financial benefits payable are the injuries and amounts listed in

Schedule 2.

(2) Notwithstanding subsection (1), the maximum number of injuries for

which a victim may receive financial benefits is 3 and the maximum

financial benefits payable to a victim is $110 000.

(3) Notwithstanding subsection (1), if a victim suffers an injury that is

not listed in

Schedule 2, the Director may send the victim to a physician,

dentist or other health professional selected by the Director to assess the

injury and advise the Director as to which band of

Schedule 2 the injury is

most closely related.

(4) Regardless of the number of dependants in respect of a victim's death,

the maximum amount of financial benefits payable to the dependants is the

amount set out in Band 12 of

Schedule 2.

(5) Financial benefits described in subsection (4) may be paid to the

applicant or, at the discretion of the Director, to other dependants.

CICA reviews

6 Notwithstanding

section 5(2), if under

section 15 of the Act an order

by The Crimes Compensation Board for periodic payments is to be converted

to final payment of financial benefits under the Victims of Crime Act, the

Director may with the approval of the Minister authorize financial

benefits that are different from the amount listed in

Schedule 2 for the

injury.

Appeals

7(1) An application for an appeal to the Appeal Board must

(

a) be in writing,

(

b) state the grounds of the appeal, and

(

c) include the appellant's mailing address.

(2) On receipt of an application for an appeal, the Appeal Board must

review it and

(

a) if the Appeal Board determines that there are no grounds for an

appeal set out in the application, confirm the decision of the Director, or

(

b) if the Appeal Board determines that there are grounds for an

appeal set out in the application, send the appellant written notification

of the date, time and place that the appeal is to be heard.

(3) A hearing may be held in public and may proceed even if the appellant

is not present.

(4) The proceedings at a hearing must be recorded.

(5) A decision of the Appeal Board must be in writing.

Expiry

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

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

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

expires on November 1, 2002.

Coming into force

9 This Regulation comes into force on November 1, 1997.

SCHEDULE 1

ELIGIBLE OFFENCES

Section of Description of Offence

Criminal Code

(Canada)

65 taking

part in a riot

76 hijacking of aircraft

77 endangering safety of aircraft in flight

78 taking on board a civilian aircraft offensive weapons or

explosive substances

80 failure to take reasonable care in respect of explosives where

death or bodily harm results

81(1) intentionally causing death or bodily harm by explosive

substance

86(2) careless use of firearm

151, 152 sexual intercourse with a female under 14 or under 16

years of age

153 sexual exploitation

155 incest

159 anal intercourse

160 bestiality (forcing someone to participate or watch)

163(1) child pornography

170 parent or guardian procuring sexual activity

173 indecent acts (exposure)

175 causing disturbance, indecent exhibition, loitering, etc.

212 procuring

215 failure to provide necessaries

218 abandoning child

220 causing death by criminal negligence

221 causing bodily harm by criminal negligence

235.1 murder

236 manslaughter

239 attempted murder

244 causing bodily harm with intent

245 administering noxious substance

246 overcoming resistance to commission of offence

247 setting traps likely to cause death or bodily harm

248 interfering with transportation facilities

262 impeding attempt to save life

264 criminal harassment

266 assault

267 assault causing bodily harm; assault with a weapon

268 aggravated assault

269 unlawfully causing bodily harm

270 assaulting a peace officer

271 sexual assault

272(1) sexual assault with a weapon, threats to a third party or

causing bodily harm

273(1) aggravated sexual assault

273(3) removal of child from Canada (for sexual purpose)

279 kidnapping / hostage taking / abduction / illegal confinement

344 robbery

346.1 extortion

348 break and enter which includes bodily harm

423 intimidation by violence (stalking)

430(2) mischief causing actual danger to life

433 arson

SCHEDULE 2

FINANCIAL BENEFITS

Band

Description of Injury

Benefits

Head: deviated nasal septum

$1,000

Head: nose: undisplaced fracture of

nasal bones

Head: teeth: chipped front teeth

requiring crown

Head: teeth: fractured tooth/teeth

requiring crown

Head: loss of 1 tooth other than front

Head: teeth: slackening of teeth

requiring dental treatment

Minor injuries: multiple (see notes)

Shock (see notes): moderate -

lasting for 6 to 16 weeks

Torso: fractured rib

Head: teeth: loss of crowns

Lower limbs: scarring: minor - no

significant disfigurement

Torso: scarring: minor - no significant

disfigurement

Upper limbs: dislocated finger or thumb

Upper limbs: scarring: minor - no

significant disfigurement

Head: burns: minor

$1,250

Head: ear: temporary partial deafness -

lasting at least 13 weeks

Head: face: scarring: minor - no

significant disfigurement

Head: nose: displaced fracture of

nasal bones

Head: scarring: visible, but no

significant disfigurement

Head: skull: concussion (lasting at

least 1 week)

Head: teeth: loss of 1 front tooth

Head: teeth: loss of 2 or more

teeth other than front

Lower limbs: burns -minor

Lower limbs: fractured phalanges (toes)

Neck: burns: minor

Neck: scarring: minor - no significant

disfigurement

Torso: burns: minor

Torso: fractured ribs (2 or more)

Upper limbs: burns: minor

Upper limbs: fractured finger/thumb

Upper limbs: sprained wrist -

disabling for at least 13 weeks

Head: ear: perforated ear drum

Head: eye: blurred or double vision -

lasting at least 13 weeks

Lower limbs: scarring: significant

disfigurement

Neck: whiplash injury: effects lasting

at least 13 weeks

Torso: damage to testes

Torso: dislocated hip (full recovery)

Torso: dislocated shoulder (full recovery)

Head: eye: corneal abrasions

$2,000

Head: face: burns - minor

Head: facial: dislocated jaw

Head: facial: fractured malar and/or

zygomatic - cheek bones

Head: nose: deviated nasal septum

requiring septoplastamy

Head: teeth: loss of 2 or 3 front

teeth

Torso: fractured clavicle - collar bone

Upper limbs: fractured hand

Head: skull: simple fracture (no operation)

$2,500

Lower limbs: fractured great toe

Lower limbs: fractured tarsal bones -

7 small bones of instep

Lower limbs: sprained ankle -

disabling for at least 13 weeks

Torso: fractured coccyx - tail bone

Torso: fractured scapula - shoulder blade

Torso: fractured sternum - breast bone

Torso: scarring: significant disfigurement

Torso: strained back - disabling for at

least 13 weeks

Upper limbs: partial loss of finger

(other than thumb/index) (1 joint)

Upper limbs: scarring: significant

disfigurement

Head: ear: tinnitus (ringing noise in

$3,000

ears) - lasting at least 13 weeks

Head: eye: blow out fracture of orbit

bone cavity containing eyeball

Head: facial: fractured mandible

and/or maxilla - jaw bones

Head: scarring: multiple - some, but

not serious, disfigurement

Head: teeth: loss of 4 or more

front teeth

Lower limbs: fractured ankle (full

recovery)

Lower limbs: fractured femur - thigh

bone (full recovery)

Lower limbs: fractured fibula - slender

bone from knee to ankle (full recovery)

Lower limbs: fractured tibia - shin

bone (full recovery)

Lower limbs: severely damaged tendon(s)/

/ligament(s) (no continuing damage)

Neck: scarring: significant disfigurement

Torso: damage to digestive tract/organs

(full recovery)

Torso: punctured lung

Upper limbs: dislocated/fractured

elbow (with full recovery)

Upper limbs: fracture of 2 or more

fingers

Upper limbs: fractured humerus - upper

arm bone (with full recovery)

Upper limbs: fractured radius - smaller

forearm bone (with full recovery)

Upper limbs: fractured ulna - inner

forearm bone (with full recovery)

Upper limbs: fractured wrist

(including scaphoid fracture)

Upper limbs: severely damaged tendon(s)/

ligament(s) (with full recovery)

Head: ear: partial deafness (1 ear)

$3,500

- remaining hearing socially useful

with hearing aid if necessary

Head: face: scarring: significant

disfigurement

Lower limbs: 2 sprained ankles -

disabling for at least 13 weeks

Torso: collapsed lung

Torso: frozen shoulder

Torso: hernia

Torso: injury requiring laparotomy

Upper limbs: 2 fractured hands

Head: burns: moderate

$4,000

Head: ear: partial loss of ear (at least

10% loss)

Head: facial: continuing

numbness/loss of feeling

Head: nose: partial loss (at least 10%)

Lower limbs: burns - moderate

Neck: burns: moderate

Neck: scarring: serious disfigurement

Shock (see notes): serious - lasting

for over 16 weeks and up to 26 weeks

Torso: burns: moderate

Torso: loss of spleen

Upper limbs: burns: moderate

Upper limbs: fractured wrist (Colles type)

Upper limbs: partial loss of thumb or

index finger (1 joint)

Upper limbs: scarring: serious

disfigurement

Epilepsy: serious exacerbation of

$4,500

pre-existing condition

Head: eye: detached retina

Head: face: burns - moderate

Head: nose: loss of smell and/or

taste (partial)

Head: scarring: serious disfigurement

Lower limbs: fractured ankle (with

continuing disability)

Lower limbs: fractured femur (with

continuing disability)

Lower limbs: fractured fibula (with

continuing disability)

Lower limbs: fractured tibia - shin bone (with continuing disability)

Lower limbs: scarring: serious

disfigurement

Neck: whiplash injury: moderate -

recovery period 26 weeks or more

Torso: continuing and disabling damage to

lungs from smoke inhalation

Torso: damage to genitalia (full recovery)

Torso: spinal fracture (full recovery)

Torso: dislocated shoulder (residual

disability)

Torso: loss of testicle

Torso: scarring: serious disfigurement

Torso: strained back (seriously

disabling, but not continuing)

Upper limbs: fractured humerus (with

continuing disability)

Upper limbs: fractured radius - (with

continuing disability)

Upper limbs: fractured ulna (with

continuing disability)

Upper limbs: loss of 1 finger other

than index

Upper limbs; loss of dexterity: 1

finger or thumb

Head: skull: depressed fracture

$6,000

(requiring operation)

Lower limbs: 2 fractured ankles

(full recovery)

Lower limbs: 2 fractured femurs

(full recovery)

Lower limbs: 2 fractured fibulas

(full recovery)

Lower limbs: 2 fractured tibias (full

recovery)

Upper limbs: 2 fractured wrists

(including scaphoid fracture)

Upper limbs: 2 fractured humerus

(full recovery)

Upper limbs: 2 fractured radius

(full recovery)

Upper limbs: 2 fractured ulna (full

recovery)

Epilepsy: fully controlled

$8,500

Head: ear: partial deafness (both ears) -

remaining hearing socially useful with

hearing aid if necessary

Head: ear: tinnitus - continuing

(moderate)

Head: eye: blurred or double vision -

continuing

Head: face: scarring: serious

disfigurement

Head: skull: balance impaired -

continuing

Lower limbs: fractured patella - knee cap

Lower limbs: severely damaged tendon(s)/

ligament(s) (continuing damage)

Lower limbs: 2 fractured ankles

(with continuing disability)

Lower limbs: 2 fractured femurs

(with continuing disability)

Lower limbs: 2 fractured fibulas

(with continuing disability)

Lower limbs: 2 fractured tibias

(with continuing disability)

Shock (see notes): severe - lasting for over

26 weeks but not continuing

Torso: spinal fracture (continuing

disability)

Torso: dislocated hip (residual disability)

Torso: fractured pelvis

Torso: strained back (seriously

disabling, continuing disability)

Upper limbs: dislocated/fractured

elbow (with continuing disability)

Upper limbs: 2 dislocated/fractured

elbows (with full recovery)

Upper limbs: 2 fractured wrists

(Colles type)

Upper limbs: 2 fractured humerus (with

continuing disability)

Upper limbs: 2 fractured radius (with

continuing disability)

Upper limbs: 2 fractured ulna (with

continuing disability)

Upper limbs: loss of index finger

Upper limbs: continuingly & seriously

impaired grip - 1 arm

Upper limbs: severely damaged tendon(s)/

ligament(s) (with continuing disability)

Fatal award (per case)

$12,500

Head: burns: severe

Head: ear: loss of ear

Head: eye: cataracts

(continuing/inoperable)

Head: nose: loss of smell or taste

Lower limbs: burns - severe

Neck: burns: severe

Neck: whiplash injury: continuing

disability

Torso: burns: severe

Torso: damage to genitalia (continuing)

Torso: damage to digestive

tract/organs (continuing)

Torso: loss of thyroid

Upper limbs: burns: severe

Upper limbs: 2 dislocated/fractured

elbows (with continuing disability)

Upper limbs: loss of 2 or more fingers

Epilepsy: partially controlled

$25,000

Torso: loss of 1 lung

Brain damage: moderate impairment

of social/intellectual functions

Head: ear: total deafness (1 ear)

Head: ear: tinnitus - continuing

(very serious)

Head: nose: loss of smell and taste

Upper limbs: loss of thumb

Head: eye: loss of sight of 1 eye

$35,000

Shock (see notes): very severe -

continuing disability (excluding

physical symptoms alone for

which the maximum award is Band 12)

Torso: loss of kidney

Torso: loss of bladder

Head: eye: loss of 1 eye

$40,000

Head: face: burns - severe

Lower limbs: paralysis of leg

Upper limbs: paralysis of arm

Head: tongue: loss of speech -

continuing

Lower limbs: loss of leg below knee

$42,500

Brain damage: serious impairment

$45,000

of social/intellectual functions

Epilepsy: uncontrolled

Head: ear: total deafness (both ears)

Lower limbs: loss of leg above knee

Upper limbs: loss of hand

Bodily functions: hemiplegia

(paralysis of 1 side of body)

$50,000

Head: eye: loss of sight of both eyes

$60,000

Head: eye: loss of both eyes

$65,000

Lower limbs: loss of both legs

Upper limbs: loss of both hands

Bodily functions: paraplegia

$70,000

(paralysis of the lower limbs)

Bodily functions: quadriplegia/tetraplegia

$110,000

(paralysis of all 4 limbs)

Brain damage: continuing - extremely

serious (no effective control of

functions)

Notes:

1 Where the criminal injury has the effect of accelerating or

exacerbating a pre-existing condition, the award will reflect only the

degree of acceleration or exacerbation.

2 Payment for burns or scarring may be subject to inspection of injury.

3 To qualify for a payment for multiple minor injuries, the claimant must

have sustained at least 3 injuries of the following type, necessitating at

least 2 visits to a medical practitioner:

(

a) grazing, cuts, lacerations (no permanent scarring);

(

b) severe and widespread bruising;

(

c) severe soft tissue injury (not permanently disabling);

(

d) black eye(s);

(

e) bloody nose;

(

f) hair pulled from scalp;

(

g) loss of fingernail.

4 Shock or "nervous shock" may be taken to include conditions attributed

to Post Traumatic Stress Disorder, Depression and similar generic terms

covering such psychological symptoms as anxiety, tension, insomnia,

irritability, loss of confidence, agoraphobia, pre-occupation with thoughts

of self-harm or guilt, and related physical ones such as alopecia, asthma,

eczema, enuresis, and psoriasis.

Alberta Regulation 202/97

Regional Health Authorities Act

COMMUNITY HEALTH COUNCILS REGULATION

Filed: October 29, 1997

Made by the Lieutenant Governor in Council (O.C. 491/97) pursuant to

section 21 of the Regional Health Authorities Act.

Table of Contents

Definitions 1

Establishment of community health councils 2

Contents of by-law 3

Corporate status 4

Eligibility 5

Conflict of interest 6

Termination of a member 7

Fiscal year 8

Closed meetings 9

Minutes 10

Expiry 11

Definitions

1 In this Regulation, "Act" means the Regional Health Authorities Act.

Establishment of community health councils

2(1) Where the Minister approves a health plan proposal in respect of

matters referred to in

section 8(4)(

b) and (

c) of the Act, the regional

health authority that submitted the proposal shall forthwith pass a by-law

establishing the community health council in accordance with the proposal.

(2) The regional health authority shall submit to the Minister a copy of

the by-law under subsection (1).

(3) No by-law under subsection (1) and no amendment or repeal of such a

by-law has effect until it is approved by the Minister.

(4) On receiving a by-law under subsection (1), the Minister may

(

a) approve the by-law as submitted, or

(

b) refer the by-law back to the regional health authority to take

further action as directed by the Minister and to resubmit the by-law.

Contents of by-law

3(1) A by-law establishing a community health council must contain the

following:

(

a) the name of the council;

(

b) the objects of the council and the purposes for which it is

established;

(

c) the functions and duties of the council, which may include any

or all of the following:

(

i) gathering information and public input respecting

health, health needs and health services;

(ii) providing advice to the regional health authority

that established the council about health issues, health needs and

priorities, access to health services, the promotion of health and any

other matters requested by the regional health authority;

(iii) promoting community health promotion activities;

(iv) providing health services pursuant to a delegation

from the regional health authority;

(

d) if the regional health authority intends to delegate to the

community health council under clause (c)(iv) the power to provide health

services on the regional health authority's behalf,

(

i) a statement to that effect, together with a list of

health services that may be so delegated, and

(ii) a statement that the community health council is to

be a corporation;

(

e) the area or the communities served by the council;

(

f) the number of members on the council;

(

g) the composition of the council;

(

h) subject to

section 5, the qualifications and other eligibility

requirements for becoming and remaining a member of the council;

(

i) the criteria and process for selecting the members of the

council, including, without limitation, the consultative process to be used

by the regional health authority in order to involve the communities to be

served by the council in the selection process;

(

j) the term of office of each member of the council;

(

k) the method of filling vacancies on the council;

(

l) the method of selecting the chair of the council.

(2) No by-law may contain a statement referred to in subsection (1)(

d) unless the regional health authority's health plan proposal under

section 8

of the Act contains a statement that the community health council is to

have the power to enter into agreements with the regional health authority.

(3) When a by-law establishing a community health council has been

approved by the Minister, the regional health authority shall appoint the

members of the council in accordance with the by-law.

(4) A regional health authority shall submit to the Minister the name of

the chair of each community health council established by the regional

health authority.

Corporate status

4 Where the by-law establishing a community health council provides that

the council is to be a corporation, the council is thereby established as a

corporation consisting of its members.

Eligibility

5(1) No person is eligible to be or remain a member of a community health

council unless that person is ordinarily resident in the health region for

which the council is established.

(2) The following persons are not eligible to be or remain a member of a

community health council:

(

a) all members of the regional health authority that established

the community health council;

(

b) the chief executive officer of the regional health authority

that established the community health council;

(

c) all regional health authority management personnel who report

directly to one or more members of the regional health authority;

(

d) all regional health authority management personnel who report

directly to the chief executive officer;

(

e) all remaining regional health authority management personnel

who report to management personnel referred to in clause (d);

(

f) all persons who are engaged on a fee for service basis in a

management capacity referred to in any of clauses (

b) to (e).

(3) The following persons are eligible to be members of a community health

council, but not more than of the membership may consist of such persons:

(

a) employees of the regional health authority that established the

community health council, other than persons referred to in subsection

(2) who are employees;

(

b) independent health service providers who, directly or

indirectly through a corporation, partnership or other association, receive

from the Government of Alberta or the regional health authority that

established the council, income through the provision of health services;

(

c) employees of persons referred to in clause (b);

(

d) other persons who rely in whole or part on contracts with the

regional health authority as a means of earning their livelihood;

(

e) directors, officers or employees of a corporation that is a

person referred to in clause (

d) or partners or employees of a partnership

that is a person referred to in clause (d).

(4) Notwithstanding subsection (3), an employee of the regional health

authority that established a community health council is not eligible to be

or remain a member of the council where the regional health authority

intends to delegate to the council the power to provide health services on

the regional health authority's behalf.

Conflict of interest

6(1) In this section,

(a) "member" means a member of a community health council;

(b) "minor child" includes a minor to whom a member has

demonstrated a settled intention to treat as a child of the member's

family;

(c) "private corporation" means a corporation none of whose shares

are publicly-traded securities;

(d) "private interest" does not include the following:

(

i) an interest in a matter

(

A) that is of general application,

(

B) that affects a person as one of a broad

class of the public, or

(

C) that concerns the remuneration and

benefits of a member;

(ii) an interest that is trivial;

(e) "publicly-traded securities" means

(

i) securities of a corporation that are listed or

posted for trading on a recognized stock exchange, or

(ii) securities of a corporation that has more than 15

shareholders and any of whose issued securities were part of a distribution

to the public;

(f) "senior officer" means, with reference to a corporation,

(

i) the president, vice-president, secretary,

comptroller, treasurer or general manager of the corporation, or

(ii) any other person who performs functions for the

corporation similar to those normally performed by persons holding the

offices referred to in subclause (i);

(g) "spouse" includes a party to a relationship between a man and a

woman who are living together on a bona fide domestic basis, but does not

include a party who is living apart from the other party in circumstances

where there is a written separation agreement or the support obligations

and family property have been dealt with by a court order.

(2) For the purposes of this section, a person is directly associated with

a member if that person is

(

a) the member's spouse,

(

b) a corporation having share capital and carrying on business or

activities for profit or gain and the member is a director or senior

officer of the corporation,

(

c) a private corporation carrying on business or activities for

profit or gain and the member, the member's spouse or the member's minor

child owns or is the beneficial owner of shares of the corporation,

(

d) a partnership having not more than 20 partners

(

i) of which the member is a partner, or

(ii) of which one of the partners is a corporation

directly associated with the member by reason of clause (

b) or (c),

(

e) a person or group of persons acting as the agent of the member

and having actual authority in that capacity from the member.

(3) Subsection (2)(

c) does not apply where the corporation is

(

a) an association as defined in the Co-operative Associations Act,

(

b) a credit union continued or incorporated under the Credit Union

Act,

(

c) a co-operative credit society incorporated by or under

an Act

of the Parliament of Canada, or

(

d) the United Farmers of Alberta Co-operative Limited.

(4) No member shall take

part in a decision in the course of carrying out

the member's office or powers as a member knowing that the decision might

further a private interest of the member, a person directly associated with

the member or the member's minor child.

(5) Where

(

a) a matter for decision is before a community health council or a

committee of the community health council, and

(

b) a member has reasonable grounds to believe that the member, the

member's minor child or a person who is directly associated with the member

has a private interest in the matter,

the member must declare that interest and must withdraw from the meeting

without voting on or participating in the discussion of the matter.

(6) No member shall use the member's office or powers as a member to

influence a decision to be made by or on behalf of the community health

council or a regional health authority to further a private interest of the

member, a person directly associated with the member or the member's minor

child.

(7) No member shall use or communicate information not available to the

general public that was gained by the member in the course of carrying out

the member's office or powers as a member to further or seek to further a

private interest of the member, a person directly associated with the

member or the member's minor child.

Termination of a member

7 A regional health authority may, for cause, by notice in writing

terminate the appointment of any member of a community health council

established by it.

Fiscal year

8 The fiscal year of a community health council is April 1 to the

following March 31.

Closed meetings

9(1) If a community health council decides under

section 11 of the Act to

hold a meeting or part of a meeting in private, the council shall ensure

that the minutes of the meeting indicate

(

a) the nature of the subject-matter to be discussed in private,

and

(

b) the reasons why the council considers it necessary to hold the

meeting or part of the meeting in private.

(2) Where a meeting or part of a meeting is held in private under

subsection (1), no resolution related to the subject-matter that was

discussed in private may be passed unless the meeting reverts to being held

in public.

(3) In determining under

section 11 of the Act whether to hold a meeting

or part of a meeting in private, a community health council shall take the

following considerations into account:

(

a) whether holding the meeting or part of the meeting in public

would result in the release of information that would prejudice measures

protecting health, safety, security or the maintenance of the law;

(

b) whether holding the meeting or part of the meeting in private

is justified in order to permit the council to carry out its

responsibilities in an effective and efficient manner;

(

c) any other relevant consideration.

Minutes

10(1) A community health council shall record the minutes of its meetings.

(2) At each meeting the community health council shall adopt the minutes

of the previous meeting.

(3) A community health council shall forward a copy of the adopted

minutes to the regional health authority that established the council

within 7 days after the meeting at which the minutes were adopted.

(4) The regional health authority shall make the adopted minutes available

for inspection by the public during normal business hours of the regional

health authority.

(5) A regional health authority may exclude from minutes made available

under subsection (4) any matter that relates to a meeting or part of a

meeting that was held in private, other than a resolution that was passed

in respect of that matter.

(6) A community health council and the regional health authority shall

keep a copy of the minutes of each meeting of the council.

Expiry

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

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

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

expires on December 31, 2000.

Alberta Regulation 203/97

Fisheries (Alberta) Act

GENERAL FISHERIES (ALBERTA) REGULATION

Filed: October 29, 1997

Made by the Lieutenant Governor in Council (O.C. 493/97) pursuant to

section 43 of the Fisheries (Alberta) Act.

Table of Contents

Definitions 1

Part 1

Licences

Licence categories 2

Licence transfer 4

Activity under another's licence 5

Lost licences 6

Fishing location 7

Bait fish 8

Buying, selling authorized 9

Sportfishing

Licence not required 10

Sportfishing 11

Trophy fishing 12

Sturgeon fishing 13

Sportfishing, special 14

Sturgeon fishing licence 15

Retaining sturgeon 16

Trophy licence eligibility 17

Trophy fishing licence 18

Game fish 19

Commercial Fishing

Applying for commercial fishing licences 20

Metis/commercial fishing licences 21

Bait fishing licence 22

Limited net licence 23

Salvage Fishing

Salvage fishing licence 24

Domestic Fishing

Domestic fishing licence 25

Trout Stocking

Trout stocking licence 26

Fish Culture

Licences 27

Cultured fish prohibited 28

Applying for a licence 29

Prohibited live fish 30

Selling class A fish 31

Prohibited waters 32

Prescribed, contained waters 33

Class B conditions 34

Ineligible applicants 35

Prohibited live fish 36

Sale of live cultured fish 37

Chemicals 38

Fish stock from public water 39

Report of diseased or escaped cultured fish 40

Fish Research

Research licence 41

Restricted possession 42

Fish Establishment

Licence required 43

Classes A and B licences 44

Licence application 45

Sanitary standards 46

Packing fish 47

Part 2

Fish Handling and Quality

Dressing fish 48

Sanitary standards 49

Healthy fish 50

Importing fish 51

Substandard fish 52

Sale of fish prohibited 53

Ice fishing 54

Surplus of fish 55

Fish in boat 56

Game fish 57

Gill nets 58

Illegal fish 59

Transportation of fish 60

Part 3

Repeals, Expiry and Coming into Force

Repeals 61

Expiry 62

Coming into force 63

Schedules

Definitions

1 In this Regulation,

(a) "angling" means fishing with hook and line gear;

(b) "box" means a container of a size and type approved by the

Corporation;

(c) "comminuted", in relation to fish, means fish flesh that has

been ground to a fine uniform consistency;

(d) "decomposed", with respect to fish, means having a rancid or

abnormal, offensive or objectionable odour or flavour or a textural defect

associated with spoilage;

(e) "Director" means an employee under the administration of the

Minister designated as the Director of Fisheries Management;

(f) "dressed fish" means fish from which the gills and viscera have

been removed and the blood along the backbone has been spooned but not

scraped out and which has been rinsed clean on the outside and inside;

(g) "fish culture premises" means a location where cultured fish

are kept alive for the purpose of propagation or rearing or both;

(h) "fish establishment" means a place of business where fish are

received for handling, packing, dressing, processing or storage and

includes the buildings, grounds, equipment and employees at that place of

business;

(i) "game fish" means a fish of a species set out in

Part 1 of

Schedule 1 of the Alberta Fishery Regulations under the Fisheries Act

(Canada);

(j) "mesh size" means, in respect of a net, the distance between

the diagonally opposite angles of a single mesh measured

(

i) after the net has been immersed in water for at

least 30 minutes, and

(ii) with the mesh extended without straining the twine;

(k) "Ministerial Regulation" means the Fisheries (Ministerial)

Regulation under the Fisheries (Alberta) Act;

(l) "public water" means all water vested in the Crown in right of

Alberta;

(m) "resident of Alberta" means

(

i) a person who makes his home in Alberta and is

ordinarily present in Alberta,

(ii) a partnership, if at least one of the partners

makes his home in Alberta and is ordinarily present in Alberta, or

(iii) a corporation that is lawfully carrying on business

in Alberta;

(n) "resident of Canada" means a person who

(

i) is a Canadian citizen or is a permanent resident as

defined in the Immigration Act (Canada), or

(ii) has resided in Canada for the 12-month period

immediately preceding the date of the person's application for a licence or

the date the person begins to fish;

(o) "round fish" means whole fish from which no part or portion,

including the gills or viscera, has been removed;

(p) "sportfishing" means angling or fishing with bow and arrow,

spear, dip net, seine net or minnow trap;

(q) "trophy waters" means the waters specified in

Schedule 2;

(r) "unwholesome fish" means fish destined for human consumption

that, in the opinion of an executive officer or inspector under the Public

Health Act or an inspector of the Corporation, is unfit for human

consumption.

PART 1

LICENCES

Licence categories

2 The following are the categories of licences:

(

a) sportfishing licences:

(

i) sportfishing licence:

(

A) for a resident of Canada;

(

B) with a term that expires on March 31

following the date of its issue for a non-resident of Canada;

(

C) with a term of 5 days for a

non-resident of Canada;

(ii) special sportfishing licence;

(

b) trophy waters fishing licence;

(

c) sturgeon fishing licence;

(

d) commercial fishing licences:

(

i) commercial fishing licence;

(ii) commercial fishing lake licence;

(iii) Metis commercial fishing licence;

(iv) commercial bait fishing licence;

(

v) limited net fishing licence;

(

e) fish culture licences:

(

i) recreational fish culture licence;

(ii) class A commercial fish culture licence;

(iii) class B commercial fish culture licence;

(iv) fish import licence;

(

f) fish establishment licences:

(

i) class A fish establishment licence;

(ii) class B fish establishment licence;

(

g) fish research licence;

(

h) fish stocking licence - trout stocking licence;

(

i) salvage fishing licence;

(

j) domestic fishing licences:

(

i) Metis domestic fishing licence;

(ii) domestic fishing licence.

authorizes fishing generally or specifically on the following matters:

(

a) the species or kind of fish and the quantities, sizes or

weights of fish that are permitted to be taken;

(

b) when, where and how fishing is permitted to be carried out;

(

c) who may conduct activities pursuant to the licence;

(

d) the type and quantity of fishing gear and equipment, including

mesh size, that may be used and how they may be used;

(

e) how fish caught and retained for educational or scientific

purposes are to be held, displayed and disposed of;

(

f) how caught and retained fish are to be marked and transported;

(

g) how scientific and catch data are to be reported;

(

h) whether the fish may be bought or sold and how;

(

i) how a licensee may be required to report proposed activities;

(

j) the term of the licence if it is not the term set out in

section 14(1) of the Act or

section 2(

a) of this Regulation.

licence generally or specifically on the following:

(

a) the species or kinds of fish that may be kept under the

authority of the licence;

(

b) the size or shape of the container or volume of the water in

which the fish may be kept;

(

c) the lining or construction of a reservoir in which the fish may

be kept, including the maintenance and repair of any works or undertakings;

(

d) the method of screening or constructing and maintaining the

outflow from a reservoir in which the fish are kept;

(

e) the treatment and disposal of water or fish from any facility;

(

f) the care, feeding or prophylactic treatment of fish and the

care and prophylactic treatment of water under a licence;

(

g) the testing for and control of any parasite, disease or

infestation;

(

h) the reporting of information or submission of records;

(

i) the term of the licence if it is not the term set out in

section 14(1) of the Act.

licence generally or specifically on the following:

(

a) the care, construction or maintenance of a fish establishment

and equipment used in relation to it;

(

b) the buying, selling, handling, packing, dressing, processing,

storage or transportation of fish or products of fish;

(

c) the reporting of information and submission of records;

(

d) the term of the licence if it is not the term set out in

section 14(1) of the Act.

licence generally or specifically with respect to the following:

(

a) the possession of trout and transport to the location where

they may be stocked;

(

b) where and when trout may be stocked;

(

c) the person or persons authorized to transport and stock the

trout;

(

d) the species and number of trout to be stocked at any location;

(

e) the reporting of trout stocking activities and the submission

of records.

Licence transfer

4(1) The Minister may, on the surrender of a licence by a licensee,

approve the transfer of the licence to another person.

(2) The Minister may, in a licence that is to be transferred,

(

a) delete or alter any terms or conditions of the licence,

(

c) alter the term of the licence if the term is not or is not to

be the term set out in

section 14(1) of the Act.

Activity under another's licence

5(1) For the purposes of

section 18(

b) of the Act, an instrument must be

in writing, authorized by the Director and state who is authorized to

conduct activities pursuant to the licence.

(2) An instrument may only be authorized with respect to a special

sportfishing licence, a commercial fishing licence or a fish research

licence.

Lost licences

6 If a sportfishing licence is lost or destroyed, the licensee may apply

to the Minister for a replacement licence.

Fishing location

7(1) Subject to this Regulation, licences that authorize fishing, research

or stocking do not apply in a National Park of Canada.

(2) A licence that authorizes fishing is not required for fishing

(

a) in contained waters, and

(

b) in water in which fish are lawfully held live under the

authority of a licence for that location.

Bait fish

8 No person shall have in his possession live bait fish unless

(

a) the bait fish are possessed as specifically authorized under

the authority of a research licence, or

(

b) if imported, the bait fish are held in contained waters as pets

or for sale as pets.

Buying, selling authorized

9(1) A licence that authorizes fishing authorizes the holder to sell fish

taken under the licence if regulations state that the licence is issued for

a commercial purpose.

(2) A licence other than a fish culture licence authorizes the holder to

sell fish taken under the licence or held live under the licence if

(

a) regulations state that the sale is allowed, or

(

b) a term or condition, issued in accordance with this Act,

specifically authorizes the sale of dead fish caught pursuant to the

licence.

(3) An establishment licence authorizes the buying or selling of fish in

accordance with

section 44.

(4) No person shall knowingly buy, sell or attempt to buy or sell fish

that have not been caught pursuant to a licence that authorizes the buying

or selling of the fish.

Sportfishing

Licence not required

10(1) The following persons do not require a sportfishing licence when

they engage in sportfishing:

(

a) a person who is under 16 years of age;

(

b) a person who is a resident of Canada, who is 65 years of age or

older and whose primary residence is in Alberta;

(

c) a person who is a member of a group that is named in a special

sportfishing licence that authorizes that fishing;

(

d) a person who is authorized under the Fisheries Act (Canada) to

engage in sportfishing in Alberta without having been issued a sportfishing

licence.

(2) A person who is sportfishing in Cold Lake or Primrose Lake and holds a

valid angling licence issued pursuant to the Fisheries Act (Saskatchewan),

1994 does not require a sportfishing licence while sportfishing.

Sportfishing

11 A person who holds a sportfishing licence and a person described in

section 10(1) or (2) may engage in sportfishing for non-commercial

purposes.

Trophy fishing

12 A trophy waters fishing licence authorizes the licensee to engage in

angling in trophy waters for non-commercial purposes.

Sturgeon fishing

13 A sturgeon fishing licence authorizes the licensee to retain sturgeon,

for non-commercial purposes, taken by means of angling.

Sportfishing, special

14 The Minister, on considering the advice of the Director, may issue a

special sportfishing licence authorizing an organized group to engage in

sportfishing.

Sturgeon fishing licence

15(1) Only a sportfishing licensee or a person described in

section 10 is

eligible to apply for a sturgeon fishing licence.

(2) One or more tags may be issued with a sturgeon fishing licence and

they

(

a) are valid only during the period during which the sturgeon

fishing licence may be used, and

(

b) are considered to be part of the licence until the they are

used.

(3) No person shall

(

a) apply for or hold more than one sturgeon fishing licence during

the period from April 1 to March 31, or

(

b) retain a sturgeon that the person has caught without being the

holder of a sturgeon fishing licence.

(4) A person described in subsection (3)(

b) must immediately return the

sturgeon to the waters from which it was caught.

Retaining sturgeon

16(1) No person shall retain a sturgeon that the person has caught unless

(

a) the sturgeon is caught while the person holds a sturgeon

fishing licence and the licensee is lawfully angling,

(

b) the sturgeon is more than 130 centimetres in length, and

(

c) a tag, issued with the licence, is attached to the sturgeon in

accordance with subsection (2).

(2) A person who retains a sturgeon must immediately tag it by placing a

tag issued with the licence through the gill cavity and mouth of the

sturgeon and securely locking the tag.

(3) No person shall remove a sturgeon tag affixed to a sturgeon unless the

sturgeon

(

a) is being prepared for preservation by taxidermy, or

(

b) is being prepared for consumption.

Trophy licence eligibility

17(1) Only a person who holds a sportfishing licence is eligible to apply

for a trophy wat