Alberta Gazette, Part I — Saturday, March 31, 2012
Saturday, March 31, 2012
Alberta — Gazette
The Alberta Gazette
Part I
Vol. 108 Edmonton, Saturday, March 31, 2012 No. 6
PROCLAMATION
[GREAT SEAL]
CANADA
PROVINCE OF ALBERTA Donald S. Ethell, Lieutenant Governor.
ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom,
Canada, and Her Other Realms and Territories, QUEEN, Head of the
Commonwealth, Defender of the Faith
P R O C L A M A T I O N
To all to Whom these Presents shall come
G R E E T I N G
Ray Bodnarek Deputy Minister of Justice and
Deputy Attorney General
WHEREAS
section 34 of the Engineering, Geological and Geophysical Professions
Amendment Act, 2011 provides that that Act comes into force on Proclamation; and;
WHEREAS it is expedient to proclaim the Engineering, Geological and Geophysical
Professions Amendment Act, 2011 in force:
NOW KNOW YE THAT by and with the advice and consent of Our Executive
Council of Our Province of Alberta, by virtue of the provisions of the said Act
hereinbefore referred to and of all other power and authority whatsoever in Us vested
in that behalf, We have ordered and declared and do hereby proclaim the Engineering,
Geological and Geophysical Professions Amendment Act, 2011 in force on March 15,
IN TESTIMONY WHEREOF We have caused these Our Letters to be made Patent
and the Great Seal of Our Province of Alberta to be hereunto affixed.
IN TESTIMONY WHEREOF We have caused these Our Letters to be made Patent
and the Great Seal of Our Province of Alberta to be hereunto affixed.
WITNESS: COLONEL (RETIRED) THE HONOURABLE DONALD S.
ETHELL, Lieutenant Governor of Our Province of Alberta, in Our City of Edmonton
in Our Province of Alberta, this 15th day of March in the Year of Our Lord Two
Thousand Twelve and in the Sixty-first Year of Our Reign.
BY COMMAND Verlyn Olson, Provincial Secretary.
_______________
PROCLAMATION
[GREAT SEAL]
CANADA
PROVINCE OF ALBERTA Donald S. Ethell, Lieutenant Governor.
ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom,
Canada, and Her Other Realms and Territories, QUEEN, Head of the
Commonwealth, Defender of the Faith
P R O C L A M A T I O N
To all to Whom these Presents shall come
G R E E T I N G
Ray Bodnarek Deputy Minister of Justice and
Deputy Attorney General
WHEREAS
section 157 of the Health Professions Act provides that that Act, except
section 143(3), comes into force on Proclamation; and
WHEREAS it is expedient to proclaim sections 152(1) (
a) and (
c) and 156(
j) and
Schedule 21.1 of the Health Professions Act in force:
NOW KNOW YE THAT by and with the advice and consent of Our Executive
Council of Our Province of Alberta, by virtue of the provisions of the said Act
hereinbefore referred to and of all other power and authority whatsoever in Us vested
in that behalf, We have ordered and declared and do hereby proclaim sections
152(1)(
a) and (
c) and 156(
j) and
Schedule 21.1 of the Health Professions Act in force
on July 2, 2012.
IN TESTIMONY WHEREOF We have caused these Our Letters to be made Patent
and the Great Seal of Our Province of Alberta to be hereunto affixed.
WITNESS: COLONEL (RETIRED) THE HONOURABLE DONALD S.
ETHELL, Lieutenant Governor of Our Province of Alberta, in Our City of Edmonton
in Our Province of Alberta, this 15th day of March in the Year of Our Lord Two
Thousand Twelve and in the Sixty-first Year of Our Reign.
BY COMMAND Verlyn Olson, Provincial Secretary.
PROCLAMATION
[GREAT SEAL]
CANADA
PROVINCE OF ALBERTA Donald S. Ethell, Lieutenant Governor.
ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom,
Canada, and Her Other Realms and Territories, QUEEN, Head of the
Commonwealth, Defender of the Faith
P R O C L A M A T I O N
To all to Whom these Presents shall come
G R E E T I N G
Ray Bodnarek Deputy Minister of Justice and
Deputy Attorney General
WHEREAS
section 38 of the Health Professions Amendment Act, 2008 provides
that that Act comes into force on Proclamation; and
WHEREAS it is expedient to proclaim
section 31 of the Health Professions
Amendment Act, 2008 in force:
NOW KNOW YE THAT by and with the advice and consent of Our Executive
Council of Our Province of Alberta, by virtue of the provisions of the said Act
hereinbefore referred to and of all other power and authority whatsoever in Us vested
in that behalf, We have ordered and declared and do hereby proclaim
section 31 of the
Health Professions Amendment Act, 2008 in force on July 2, 2012.
IN TESTIMONY WHEREOF We have caused these Our Letters to be made Patent
and the Great Seal of Our Province of Alberta to be hereunto affixed.
WITNESS: COLONEL (RETIRED) THE HONOURABLE DONALD S.
ETHELL, Lieutenant Governor of Our Province of Alberta, in Our City of Edmonton
in Our Province of Alberta, this 15th day of March in the Year of Our Lord Two
Thousand Twelve and in the Sixty-first Year of Our Reign.
BY COMMAND Verlyn Olson, Provincial Secretary.
_______________
PROCLAMATION
[GREAT SEAL]
CANADA
PROVINCE OF ALBERTA Donald S. Ethell, Lieutenant Governor.
ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom,
Canada, and Her Other Realms and Territories, QUEEN, Head of the
Commonwealth, Defender of the Faith
P R O C L A M A T I O N
To all to Whom these Presents shall come
G R E E T I N G
Ray Bodnarek Deputy Minister of Justice and
Deputy Attorney General
WHEREAS
section 23 of the Securities Amendment Act, 2010 provides that sections
2(a), (
c) and (d), 3, 4, 7 to 10, 12 to 16, 18(
a) and 19 to 21 of that Act come into force
on Proclamation; and
WHEREAS it is expedient to proclaim sections 2(
a) and (c), 3, 7, 10(b), 12, 13, 15,
16, 18(
a) and 21(
b) of the Securities Amendment Act, 2010 in force:
NOW KNOW YE THAT by and with the advice and consent of Our Executive
Council of Our Province of Alberta, by virtue of the provisions of the said Act
hereinbefore referred to and of all other power and authority whatsoever in Us vested
in that behalf, We have ordered and declared and do hereby proclaim sections 2(
a) and (c), 3, 7, 10(b), 12, 13, 15, 16, 18(
a) and 21(
b) of the Securities Amendment Act,
2010 in force on April 20, 2012.
IN TESTIMONY WHEREOF We have caused these Our Letters to be made Patent
and the Great Seal of Our Province of Alberta to be hereunto affixed.
WITNESS: COLONEL (RETIRED) THE HONOURABLE DONALD S.
ETHELL, Lieutenant Governor of Our Province of Alberta, in Our City of Edmonton
in Our Province of Alberta, this 8th day of March in the Year of Our Lord Two
Thousand Twelve and in the Sixty-first Year of Our Reign.
BY COMMAND Verlyn Olson, Provincial Secretary.
_______________
PROCLAMATION
[GREAT SEAL]
CANADA
PROVINCE OF ALBERTA Donald S. Ethell, Lieutenant Governor.
ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom,
Canada, and Her Other Realms and Territories, QUEEN, Head of the
Commonwealth, Defender of the Faith
P R O C L A M A T I O N
To all to Whom these Presents shall come
G R E E T I N G
Ray Bodnarek Deptuy Minister of Justice and
Deputy Attorney General
WHEREAS
section 19 of the Securities Amendment Act, 2011 provides that sections
2(a), 6, 11 and 13 of that Act comes into force on Proclamation; and
WHEREAS it is expedient to proclaim
section 11 of the Securities Amendment Act,
2011 in force:
NOW KNOW YE THAT by and with the advice and consent of Our Executive
Council of Our Province of Alberta, by virtue of the provisions of the said Act
hereinbefore referred to and of all other power and authority whatsoever in Us vested
in that behalf, We have ordered and declared and do hereby proclaim
section 11 of the
Securities Amendment Act, 2011 in force on April 20, 2012.
IN TESTIMONY WHEREOF We have caused these Our Letters to be made Patent
and the Great Seal of Our Province of Alberta to be hereunto affixed.
WITNESS: COLONEL (RETIRED) THE HONOURABLE DONALD S.
ETHELL, Lieutenant Governor of Our Province of Alberta, in Our City of Edmonton
in Our Province of Alberta, this 8th day of March in the Year of Our Lord Two
Thousand Twelve and in the Sixty-first Year of Our Reign.
BY COMMAND Verlyn Olson, Provincial Secretary.
_______________
PROCLAMATION
[GREAT SEAL]
CANADA
PROVINCE OF ALBERTA Donald S. Ethell, Lieutenant Governor.
ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom,
Canada, and Her Other Realms and Territories, QUEEN, Head of the
Commonwealth, Defender of the Faith
P R O C L A M A T I O N
To all to Whom these Presents shall come
G R E E T I N G
Ray Bodnarek Deputy Minister of Justice and
Deputy Attorney General
WHEREAS
section 27 of the Witness Security Act provides that that Act comes into
force on Proclamation; and
WHEREAS it is expedient to proclaim the Witness Security Act in force:
NOW KNOW YE THAT by and with the advice and consent of Our Executive
Council of Our Province of Alberta, by virtue of the provisions of the said Act
hereinbefore referred to and of all other power and authority whatsoever in Us vested
in that behalf, We have ordered and declared and do hereby proclaim the Witness
Security Act in force on April 1, 2012.
IN TESTIMONY WHEREOF We have caused these Our Letters to be made Patent
and the Great Seal of Our Province of Alberta to be hereunto affixed.
WITNESS: COLONEL (RETIRED) THE HONOURABLE DONALD S.
ETHELL, Lieutenant Governor of Our Province of Alberta, in Our City of Edmonton
in Our Province of Alberta, this 15th day of March in the Year of Our Lord Two
Thousand Twelve and in the Sixty-first Year of Our Reign.
BY COMMAND Verlyn Olson, Provincial Secretary.
APPOINTMENTS
Appointment of Provincial Court Judge
(Provincial Court Act)
March 22, 2012
Robin Brian Camp
April 10, 2012
Kenneth Richard McLeod
April 16, 2012
Gordon William Sharek, Q.C.
GOVERNMENT NOTICES
Agriculture and Rural Development
Form 15
(Irrigation Districts Act)
(Section 88)
Notice to Irrigation Secretariat:
Change of Area of an Irrigation District
On behalf of the Western Irrigation District, I hereby request that the Irrigation
Secretariat forward a certified copy of this notice to the Registrar for Land Titles for
the purposes of registration under
section 22 of the Land Titles Act and arrange for
notice to be published in the Alberta Gazette.
The following parcels of land should be removed from the irrigation district and the
notation removed from the certificate of title:
LINC Number
Short Legal Description as shown on title
Title Number
0026 376 947
9510938;1
121 041 858
0034 344 234
1012248;2;1
101 160 323
0031 891 112
0613232;1;8
061 368 483
I certify the procedures required under
part 4 of the Irrigation Districts Act have been
completed and the area of the Western Irrigation District should be changed
according to the above list.
Rebecca Fast, Office Administrator,
Irrigation Secretariat.
Culture and Community Services
Notice of Receipt of a Repatriation Application
(Blackfoot First Nations Sacred Ceremonial Objects Repatriation Regulation)
This notice will be published at a later date.
Energy
Production Allocation Unit Agreement
(Mines and Minerals Act)
Notice is hereby given, pursuant to
section 102 of the Mines and Minerals Act, that
the Minister of Energy on behalf of the Crown has executed counterparts of the
agreement entitled "Production Allocation Unit Agreement - Garrington Cardium
Agreement #2" and that the Unit became effective on April 1, 2011.
Notice is hereby given, pursuant to
section 102 of the Mines and Minerals Act, that
the Minister of Energy on behalf of the Crown has executed counterparts of the
agreement entitled "Production Allocation Unit Agreement - Garrington Cardium
Agreement #3" and that the Unit became effective on June 1, 2011.
Notice is hereby given, pursuant to
section 102 of the Mines and Minerals Act, that
the Minister of Energy on behalf of the Crown has executed counterparts of the
agreement entitled "Production Allocation Unit Agreement - Provost Dina
Agreement No. 1" and that the Unit became effective on December 1, 2011.
Unit Agreement
(Mines and Minerals Act)
Notice is hereby given, pursuant to
section 102 of the Mines and Minerals Act, that
the Minister of Energy on behalf of the Crown has executed counterparts of the
agreement entitled "Unit Agreement - East Taber Mannville D Unit No. 1" with
respect to M4 R16 T009: 7L13; 17L12; 18L1, L5, L8; 19L8; 20L3, L6, L11, L13,
L15; 29L2, L3, L7, L8, L9, and that the enlargement became effective on October 1,
Finance
Certificate of Registration
(Loan and Trust Corporations Act)
Notice is hereby given that a Certificate of Registration was issued to B2B Trustco
effective March 13, 2012.
J.T. Flett, C.A.
Executive Director
Financial Institutions - Policy
Standard Automobile Insurance Policy (SPF # 1)
Notice is hereby given pursuant to
section 610 of the Insurance Act that,
as a result of the coming into force of
section 29 of the Insurance
Amendment Act, 2008, the Superintendent of Insurance has approved the
following Standard Automobile Policy (SPF # 1)for use in Alberta,
effective July 1, 2012.
Brad Geddes
Deputy Superintendent of Insurance
Alberta Standard Automobile Policy
S.P.F. No. 1
(Insurance Act)
INDEX
BODILY INJURY OR DAMAGE TO PROPERTY
Section A - Third Party Liability
AGREEMENTS OF THE INSURED
SECTION B - ACCIDENT BENEFITS
Subsection 1 - Medical Payments
Subsection 2 - Death and Total Disability
Subsection 3 - Uninsured Motorist Cover
SPECIAL PROVISIONS,
DEFINITIONS AND EXCLUSIONS OF ACCIDENT
BENEFITS
SECTION
LOSS OF OR DAMAGE TO INSURED AUTOMOBILE -
SECTION C
All Perils Coverage - Subsection 1
Collision or Upset Coverage - Subsection 2
Comprehensive Coverage - Subsection 3
Specified Perils Coverage - Subsection 4
Deductible Clause
GENERAL PROVISIONS,
DEFINITIONS AND EXCLUSIONS
STATUTORY CONDITIONS
INSURING AGREEMENTS
Now, Therefore in Consideration of the payment of the premium specified and of the
statements contained in the application and subject to the limits, terms, conditions,
provisions,
definitions and exclusions herein stated and subject always to the
condition that the Insurer shall be liable only under the section(
s) or subsection(
s) of
the following Insuring Agreements A, B, C for which a premium is specified in Item
4 of the application and no other.
SECTION A - THIRD PARTY LIABILITY
The Insurer agrees to indemnify the Insured and, in the same manner and to the same
extent as if named herein as the Insured, every other person who with his consent
personally drives the automobile, or personally operates any part thereof, against the
liability imposed by law upon the Insured or upon any such other person for loss or
damage arising from the ownership, use or operation of the automobile and resulting
from
BODILY INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO
PROPERTY
The Insurer shall not be liable under this section,
(
a) for any liability imposed by any workmen's compensation law upon any person
insured by this section; or
(b) -deleted
(
c) for loss or damage resulting from bodily injury to or the death of any employee
of any person insured by this
section while engaged in the operation or repair of
the automobile; or
(
d) for loss of or damage to property carried in or upon the automobile or to any
property owned or rented by, or in the care, custody or control of any person
insured by this section; or
(e) -deleted
(f) -deleted
(
g) for any amount in excess of the limit(
s) stated in
section A of item 4 of the
application and expenditures provided for in the Additional Agreements of this
section; subject always to the provisions of the
section of the Insurance Act
(Automobile Insurance Part) relating to the nuclear energy hazard;
(
h) for any liability arising from contamination of property carried in the automobile.
See also General Provisions,
Definitions, Exclusions and Statutory Conditions of
this Policy
ADDITIONAL AGREEMENTS OF INSURER
Where indemnity is provided by this
section the Insurer shall,
(1) upon receipt of notice of loss or damage caused to persons or property, serve any
person insured by this Policy by such investigation thereof, or by such
negotiations with the claimant, or by such settlement of any resulting claims, as
may be deemed expedient by the Insurer; and
(2) defend in the name and on behalf of any person insured by this Policy and at the
cost of the Insurer any civil action which may at any time be brought against
such person on account of such loss or damage to persons or property; and
(3) pay all costs taxed against any person insured by this Policy in any civil action
defended by the Insurer and any interest accruing after entry of judgment upon
that part of the judgment which is within the limit(
s) of the Insurer's liability; and
(4) in case the injury be to a person, reimburse any person insured by this Policy for
outlay for such medical aid as may be immediately necessary at the time of such
injury; and
(5) be liable up to the minimum limit(
s) prescribed for that province or territory of
Canada in which the accident occurred, if that limit(
s) is higher than the limit(
s) stated in
section A of Item 4 of the application; and
(6) not set up any defence to a claim that might not be set up if the policy were a
motor vehicle liability policy issued in the province or territory of Canada in
which the accident occurred.
AGREEMENTS OF INSURED
Where indemnity is provided by this section, every person insured by this Policy:
(
a) by the acceptance of this Policy, constitutes and appoints the Insurer his
irrevocable attorney to appear and defend in any province or territory of Canada
in which action is brought against the Insured arising out of the ownership, use or
operation of the automobile;
(
b) shall reimburse the Insurer, upon demand, in the amount which the Insurer has
paid by reason of the provisions of any statute relating to automobile insurance
and which the Insurer would not otherwise be liable to pay under this Policy.
SECTION B - ACCIDENT BENEFITS
The Insurer agrees to pay to or with respect to each insured person as defined in this
section who sustains bodily injury or death directly and independently of all other
causes by an accident arising out of the use or operation of an automobile.
SUBSECTION 1 - MEDICAL PAYMENTS
(1) In respect of
(
a) injuries to which the Diagnostic and Treatment Protocols Regulation applies
and that are diagnosed and treated in accordance with the protocols under
that Regulation, the expenses payable for any service, diagnostic imaging,
laboratory testing, specialized testing, supply, treatment, visit, therapy,
assessment or making a report, or any other activity or function authorized
under that Regulation, and payment must be made in the manner and subject
to the provisions of that Regulation, notwithstanding anything to the
contrary in
Section B, and
(
b) injuries
(
i) to which the Diagnostic and Treatment Protocols Regulation applies but
that are not diagnosed and treated in accordance with the protocols
under that Regulation,
(ii) to which the Diagnostic and Treatment Protocols Regulation ceases to
apply but for which the insured person wishes to make a claim under
provision (3) of "Special Provisions,
Definitions, and Exclusions of
Section B", and
(iii) to which
Section B applies, other than those injuries referred to in
subclauses (
i) and (ii),
all reasonable expenses incurred within 2 years from the date of the accident
as a result of those injuries for necessary medical, surgical, chiropractic,
dental, hospital, psychological, physical therapy, occupational therapy,
massage therapy, acupuncture, professional nursing and ambulance services
and, in addition, for other services and supplies that are, in the opinion of the
insured person's attending physician and in the opinion of the Insurer's
medical advisor, essential for the treatment or rehabilitation of the injured
person,
to the limit of $50,000 per person.
(2) Notwithstanding provision (1),
(
a) expenses payable in respect of chiropractic services provided under
provision (1)(
b) are limited to $750 per person;
(
b) expenses payable in respect of massage therapy services provided under
provision (1)(
b) are limited to $250;
(
c) expenses payable in respect of acupuncture services provided under
provision (1)(
b) are limited to $250.
(3) Subject to provision (4), the Insurer is not liable under this provision for those
portions of expenses payable or recoverable under any medical, surgical, dental
or hospitalization plan or law or, except for similar insurance provided under
another automobile insurance contract, under any other insurance contract or
certificate issued to or for the benefit of any insured person.
(4) Except for those portions of expenses payable or recoverable under any law,
provision (3) does not apply to expenses payable or recoverable for an injury to
which the Diagnostic and Treatment Protocols Regulation applies.
SUBSECTION 2 - DEATH, GRIEF COUNSELLING, FUNERAL AND
TOTAL DISABILITY
Part 1 - Death, Grief Counselling and Funeral Benefits
Subject to the provisions of this
Part 1, for death, a payment of a principal sum -
based on the age and status at the date of the accident of the deceased in a household
where the head of the household or the spouse/adult interdependent partner or
dependants survive - of the following amount:
Age of Deceased at
Date of Accident
Status of Deceased at
Date of Accident
Head of
Household
Spouse/Adult
Interdependent
Partner
Dependent
Relative
Up to age of 4 years
$1000
5 to 9 years
10 to 17 years
$10 000
$10 000
18 to 64 years
10 000
10 000
65 to 69 years
10 000
10 000
70 years and over
10 000
10 000
In addition, funeral service expenses up to the amount of $5,000 in respect of the
death of any one person.
In addition, grief counselling expenses up to the amount of $400 per family in respect
of the death of any one person.
In addition, with respect to the death of the head of household,
(
a) where there are 2 or more survivors who are
(
i) a spouse/adult interdependent partner and one or more dependent relatives,
(ii) 2 or more dependent relatives,
the principal sum payable is increased 20% for each survivor other than the first,
and
(
b) where there is a spouse/adult interdependent partner or dependent relative
survivor living in the household, the death benefit is increased
(
i) by $15,000 for the first spouse/adult interdependent partner or dependent
relative survivor, and
(ii) by a subsequent $4,000 for each of the remaining survivors.
For the purposes of this
Part I
(1) "head of household" means that member of a household with the largest income
in the year preceding the date of the accident;
(2) "dependent relative" means a person
(
a) under the age of 18 years for whose support the head of household or the
spouse/adult interdependent partner of the head of household (or both of
them) is legally liable and who is dependent upon either or both of them for
financial support; or
(b) 18 years of age or over and residing in the same dwelling premises as the
head of household who, because of mental or physical infirmity, is
principally dependent on the head of household or the spouse/adult
interdependent partner of the head of household (or both the head of
household and the spouse/adult interdependent partner) for financial
support;
(2.1)If the head of household has both a spouse and an adult interdependent partner, a
reference to spouse/adult interdependent partner or surviving spouse/adult
interdependent partner means
(
a) the spouse or surviving spouse, or
(
b) the adult interdependent partner or surviving adult interdependent partner
living in the same dwelling premises as the head of household.
(3) the total sum payable shall be paid with respect to death of head of household or
spouse/adult interdependent partner to the surviving spouse/adult interdependent
partner. If there is no surviving spouse/adult interdependent partner in the
household, no amount shall be payable unless there are surviving dependent
relatives and in that event the total sum payable shall be divided equally among
the surviving dependent relatives;
(4) the total amount payable with respect to death due to a common disaster of head
of household and spouse/adult interdependent partner shall be paid equally to
surviving dependent relatives;
(5) the sum payable with respect to the death of a dependent relative shall be paid to
the head of household or, if he does not survive, to the surviving spouse/adult
interdependent partner of the head of household but, if neither the head of
household nor the spouse/adult interdependent partner survives, no amount is
payable;
(6) amounts payable under this
Part I shall be paid only to a person who is alive 60
days after the death of the insured person;
(7) the amount payable under this
Part I for the death of any person shall be reduced
by the amount of any payments made to or for such person with respect to the
same accident under
Part II, Total Disability;
(8) the amount payable under this Part for grief counselling is payable to the
spouse/adult interdependent partner or other immediate family member of the
deceased in respect of grief counselling for the immediate family members of an
insured person who dies as a result of the accident.
Part II - Total Disability
A weekly benefit for the period during which the injury shall wholly and continuously
disable such insured person, provided
(
a) such person was employed at the date of the accident;
(
b) within 60 days from the date of the accident such injury prevents him from
performing any and every duty pertaining to his occupation or employment;
(
c) no benefit shall be payable for the first seven days of such disability or for any
period in excess of 104 weeks.
Amount of Weekly Benefit - The weekly benefit payable shall be the lesser of:
(a) $400 per week, and
(b) 80% of the average gross weekly earnings, less any payments for loss of income
from occupation or employment received by or available to such insured person
under Subsection 2 (
A) of this
Section B.
The above benefits shall be subject to the terms of provision (3) below.
For the purpose of this
Part II,
(1) an insured person who is 18 years of age or over and who is not engaged in an
occupation or employment for wages or profit and is completely incapacitated
and unable to perform any of his or her household duties shall, while so
incapacitated, receive $135 per week for not more than 26 weeks;
(1.1) average gross weekly earnings is the greater of
(
a) average gross weekly earnings from an occupation or employment for the 4
weeks preceding the accident, and
(
b) average gross weekly earnings from an occupation or employment for the 52
weeks preceding the accident;
(2) a person shall be deemed to be employed
(
a) if actively engaged in occupation or employment for wages or profit at the
date of the accident, or
(
b) if 18 years of age or over, so engaged for any six months during the 12
months preceding the date of the accident.
(3) if the benefits for loss of time payable under this Part, together with benefits for
loss of time under another contract, including a contract of group accident
insurance and a life insurance contract providing disability insurance, exceed
the average gross weekly earnings of the insured person, the weekly benefit shall
be calculated in accordance with the following formula:
WB = 80% of WE x PB PB + OB
where
WB is the weekly benefit,
WE is the average gross weekly earnings of the insured person,
PB is the lesser of $400 and 80% of WE,
OB is the total of all other weekly benefits payable to the insured person under
other contracts, including a contract of group accident insurance and a life
insurance contract providing disability insurance, excluding benefits under
the Employment Insurance Act (Canada) and the Canada Pension Plan
(Canada);
(4) the disability of the insured person shall be certified by a duly qualified
medical practitioner, if so required by the Insurer.
SUBSECTION 2(A) - SUPPLEMENTED BENEFITS RESPECTING
ACCIDENTS OCCURRING OUTSIDE ALBERTA IN A NO-FAULT
JURISDICTION
(1) In this Subsection, 2(A)
(a) "accident" means an event resulting in bodily injury caused by an
automobile or by the use of an automobile or by the load of an automobile,
including damage caused by a trailer;
(b) "applicable laws" means, with respect to a no-fault jurisdiction, the laws in
force from time to time governing the system of no-fault automobile
insurance in that jurisdiction;
(c) "insured person" means an individual who is a resident of Alberta and who
(
i) is an occupant of the described automobile or of a newly acquired or
temporary substitute automobile as defined in this policy,
(ii) is an occupant of an automobile and is
(
A) the named insured, or a spouse/adult interdependent partner of the
named insured living in the same dwelling premises as the named
insured, or
(
B) a dependent relative of an individual referred to in paragraph
(
A) living in the same dwelling premises as the named insured,
(iii) while a pedestrian, is struck by the described automobile or a newly
acquired or temporary substitute automobile as defined in this policy,
(iv) while a pedestrian, is struck by an automobile and is
(
A) the named insured, or a spouse/adult interdependent partner of the
named insured living in the same dwelling premises as the named
insured, or
(
B) a dependent relative of an individual referred to in paragraph
(
A) living in the same dwelling premises as the named insured,
(
v) is the occupant of an automobile or a pedestrian struck by an
automobile and is
(
A) an employee or partner of the named insured who is provided with
the regular use of the described automobile, or a spouse/adult
interdependent partner of the employee living in the same dwelling
premises as the employee or a spouse/adult interdependent partner
of the partner living in the same dwelling premises as the partner,
(
B) a dependent relative of an individual referred to in paragraph
(
A) living in the same dwelling premises as that individual,
(vi) is
(
A) the occupant of an automobile, or
(
B) a pedestrian struck by an automobile driven by an individual
described in any of subclauses (
i) through (v),
but does not include an individual who is, at the time of an accident in
Quebec, the owner or occupant of an automobile registered in Quebec;
(d) "no-fault jurisdiction" means the Province of Quebec, Ontario, Manitoba or
Saskatchewan;
(e) "pedestrian" means an individual who is not an occupant of an automobile;
(f) "resident of Alberta" means an individual who
(
i) is authorized by law to be or to remain in Canada and is living and
ordinarily present in Alberta, and
(ii) meets the criteria for non-residency in the no-fault jurisdiction
established by the applicable laws of the no-fault jurisdiction.
(2) The definition of "insured person" under the heading Special Provisions,
Definitions, and Exclusions of
Section B does not apply to this Subsection.
(3) Where an insured person suffers personal injury as a result of an accident
occurring in a no-fault jurisdiction, the insurer agrees to pay to the insured person
the amount that would be payable under the applicable laws of the no-fault
jurisdiction as if the insured person were a resident of the no-fault jurisdiction.
(4) For the purposes of calculating an amount payable under (3) in respect of an
accident occurring in Quebec, references in the Automobile Insurance Act
(Quebec) to other statutes or regulations of Quebec used to calculate an amount
payable under (3) shall be read as references to corresponding Alberta statutes or
regulations or federal statutes or regulations that apply in Alberta.
(5) In any claim or action in Alberta arising out of an accident in Alberta, the insurer
agrees not to exercise its right of subrogation against a resident of Manitoba or
Saskatchewan in respect of
Section B - Accident Benefits paid to a resident of
Alberta under this policy.
(6) No exclusion or limitation in
Section B or in the General Provisions,
Definitions
and Exclusions and the Statutory Conditions of this policy may be raised by the
insurer in respect of a claim by an insured under (3).
SUBSECTION 3 - UNINSURED MOTORIST COVER
All sums which every insured person shall be legally entitled to recover as damages
for bodily injury and all sums which any other person shall be legally entitled to
recover as damages because of the death of any insured person, from the owner or
driver of an uninsured or unidentified automobile as defined herein.
(1) The Insurer shall not be liable under this subsection,
(
a) to any person who has a right of recovery under an unsatisfied judgment or
similar fund or plan in effect in any jurisdiction of Canada or the United
States of America;
(
b) to any person who, without the written consent of the Insurer, makes
directly or through his representative any settlement with or prosecutes to
judgment any action against any person or organization which may be
legally liable therefor;
(
c) for any amount in excess of the minimum limit(
s) for automobile bodily
injury liability insurance applicable in the jurisdiction in which the accident
occurs regardless of the number of persons so injured or killed, but in no
event shall such limit(
s) exceed the minimum limit(
s) applicable in the
jurisdiction stated in Item 1 of the application.
(2) Uninsured automobile defined
An "uninsured automobile" under this
section means an automobile with respect
to which neither the owner nor driver thereof has applicable and collectible
bodily injury liability insurance for its ownership, use or operation, but shall not
include an automobile owned by or registered in the name of
(
a) the named insured or by any person residing in the same dwelling premises
therewith; or
(
b) the governments of Canada or the United States of America or any political
sub-division thereof or any agency or corporation owned or controlled by
any of them; or
(
c) any person who is an authorized self-insurer within the meaning of a
financial or safety responsibility law; or
(
d) any person who has filed a bond or otherwise given proof of financial
responsibility with respect to his liability for the ownership, use or operation
of automobiles.
(3) Unidentified automobile defined
An "unidentified" automobile under this subsection means an automobile which
causes bodily injury or death to an insured person arising out of physical contact
of such automobile with the automobile of which the insured person is an
occupant at the time of the accident, provided
(
a) the identity of either the owner or driver of such automobile cannot be
ascertained, and
(
b) the insured person or someone on his behalf has reported the accident within
24 hours to a police, peace or judicial officer or to an administrator of motor
vehicle laws and shall have filed with the Insurer within 30 days thereafter
a statement under oath that the insured person or his legal representative
has a cause or causes of action arising out of such accident for damages
against a person or persons whose identity cannot be ascertained and setting
forth the facts in support thereof; and
(
c) at the request of the Insurer, the insured person or his legal representative
makes available for inspection the automobile of which the insured person
was an occupant at the time of the accident.
(4) Limitation of liability
(
a) If claim is made under this subsection and claim is also made against any
person who is an insured under
section A - Third Party Liability of this
Policy, any payment under this subsection shall be applied in reduction of
any amount which the insured person may be entitled to recover from any
person who is insured under
section A;
(
b) Any payment made under
section A or under subsections 1 or 2 of
section B
of this Policy to an insured person hereunder shall be applied in reduction of
any amount which such person may be entitled to recover under this
subsection.
(5) Determination of legal liability and amount of damages
The determination as to whether the insured person shall be legally entitled to
recover damages and if so entitled, the amount thereof, shall be made by
agreement between the insured person and the Insurer.
If any difference arises between the insured person and the Insurer as to whether
the insured person is legally entitled to recover damages and, if so entitled, as to
the amount thereof these questions shall be submitted to arbitration of some
person to be chosen by both parties, or if they cannot agree on one person, then
by two persons, one to be chosen by the insured person and the other by the
Insurer and a third person to be appointed by the persons so chosen. The
submission shall be subject to the provisions of The Arbitration Act and the
award shall be binding upon the parties.
(6) Notice of legal action
If, before the Insurer makes payment of loss hereunder, the insured person or his
representative shall institute any legal action for bodily injury or death against
any other person owning or operating an automobile involved in the accident, a
copy of the writ of summons or other process served in connection with such
legal action shall be forwarded immediately to the Insurer.
SPECIAL PROVISIONS,
DEFINITIONS, AND EXCLUSIONS
OF
SECTION B
(1) "INSURED PERSON" DEFINED
In this section, the words "insured person" mean
(
a) any person while an occupant of the described automobile or of a newly
acquired or temporary substitute automobile as defined in this policy;
(
b) the insured and, if residing in the same dwelling premises as the insured, his
or her spouse/adult interdependent partner and any dependent relative of
either while an occupant of any other automobile; provided that
(
i) the insured is an individual or are two spouses/adult interdependent
partners in a household;
(ii) such person is not engaged in the business of selling, repairing,
maintaining, servicing, storing or parking automobiles at the time of the
accident;
(iii) such other automobile is not owned or regularly or frequently used by
the insured or by any person or persons residing in the same dwelling
premises as the insured;
(iv) such other automobile is not owned, hired, or leased by an employer of
the insured or by an employer of any person or persons residing in the
same dwelling premises as the insured;
(
v) such other automobile is not used for carrying passengers for
compensation or hire or for commercial delivery;
(
c) in Subsection 1 and 2 of
Section B only, any person, not the occupant of an
automobile or of railway rolling-stock that runs on rails, who is struck, in
Canada, by the described automobile or a newly acquired or temporary
substitute automobile as defined in the policy.
(
d) in Subsection 1 and 2 of
Section B only, the named insured, if an individual
and his or her spouse/adult interdependent partner and any dependent
relative residing in the same dwelling premises as the named insured, not the
occupant of an automobile or of railway rolling- stock that runs on rails,
who is struck by any other automobile; provided that
(
i) such person is not engaged in the business of selling, repairing,
maintaining, servicing, storing, or parking automobiles at the time of
the accident;
(ii) that automobile is not owned or regularly or frequently used by the
insured or by any person or persons residing in the same dwelling
premises as the named insured;
(iii) that automobile is not owned, hired, or leased by an employer of the
insured or by an employer of any person or persons residing in the same
dwelling premises as the named insured;
(
e) if the insured is a corporation, unincorporated association, or partnership, or
a sole proprietorship, any employee or partner of the insured for whose
regular use the automobile is furnished, and his or her spouse/adult
interdependent partner and any dependent relative of either, residing in the
same dwelling premises as such employee or partner, while an occupant of
any other automobile; and
(
f) in Subsections 1 and 2 of
Section B only, any employee or partner of the
insured, for whose regular use the automobile is furnished, and his or her
spouse/adult interdependent partner and any dependent relative of either,
residing in the same dwelling premises as such employee or partner, while
not the occupant of an automobile or of railway rolling- stock that runs on
rails, who is struck by any other automobile; provided that in respect of (
e) and (
f) above,
(
i) neither such employee nor partner or his or her spouse/adult
interdependent partner is the owner of an automobile;
(ii) such person is not engaged in the business of selling, repairing,
maintaining, servicing, storing, or parking automobiles at the time of
the accident;
(iii) such other automobile is not owned or regularly or frequently used by
the employee or partner, or by any person or persons residing in the
same dwelling premises as such employee or partner;
(iv) such other automobile is not owned, hired, or leased by the insured or
by an employer of any person or persons residing in the same dwelling
premises as such employee or partner of the insured;
in respect of (
e) above only,
(
v) such other automobile is not used for carrying passengers for
compensation or hire or for commercial delivery.
(1.1) "Prescribed claim form" Defined - In this section, the words "prescribed claim
form" mean a form prescribed by the Minister under
section 803 of the Insurance
Act.
(1.2) "Spouse/adult interdependent partner" Defined - In this section, the words
"spouse/adult interdependent partner" mean the spouse or adult interdependent
partner, as the case may be.
(2) EXCLUSIONS
(
a) The Insurer shall not be liable under provision (1) of subsection 1 nor under
Part II of subsection 2 of this
section B for bodily injury to any person
(
i) resulting from the suicide of such person or attempt thereat, whether
sane or insane; or
(ii) who is entitled to receive the benefits of any workmen's compensation
law or plan as a result of the accident; or
(iii) where the person at the time of the accident is engaged in a race or
speed test; or
(iv) caused directly by sickness or disease; or
(
v) who is using the automobile for any illicit or prohibited trade or
transportation.
(
b) The Insurer shall not be liable under
Part II of subsection 2 of this
section B
for bodily injury
(
i) sustained by any person who is convicted of an offence under
section
253(
b) of The Criminal Code (driving with more than 80 milligrams of
alcohol in 100 millilitres of blood) or under
section 253(
a) of The
Criminal Code (driving while ability to drive impaired by alcohol or a
drug) occurring at the time of the accident, or
(ii) sustained by any person driving the automobile who is under the age
prescribed by the law of the jurisdiction in which the accident occurs as
being the minimum age at which a licence or permit to drive the
automobile may be issued to him; or
(iii) sustained by any person driving the automobile who is not for the time
being either authorized by Law or qualified to drive the automobile.
(3) NOTICE AND PROOF OF CLAIM
Subject to the Diagnostic and Treatment Protocols Regulation, the insured person
or the insured person's agent, or the person otherwise entitled to make a claim or
that person's agent, shall
(
a) deliver personally,
(
b) mail,
(
c) fax, or
(
d) send by e-mail if both parties have agreed to this method of sending and
receiving notices and other documents,
a properly completed prescribed claim form, containing at least the information
referred to in provision (3.1), to the chief agency or head office of the Insurer in
Alberta within 30 days of the accident, or if giving notice within 30 days is not
reasonable, as soon as practicable after that.
(3.1)Contents of Claim Form - The completed prescribed claim form must include
(
a) details of the injury, and
(
b) details of the accident that are within the personal knowledge of the insured
person.
(3.2)Responsibility for Expenses Related to Completion of Claim Form - The
Insurer shall pay all expenses incurred by or on behalf of the insured person in
completing the medical report portion of the prescribed claim form.
(3.3)Total Disability Claim - With respect to a total disability claim, the insured
person shall, if so required by the Insurer, furnish a certificate from a duly
qualified medical practitioner as to the cause and nature of the accident for which
the claim is made and as to the duration of the disability caused thereby.
(4) MEDICAL REPORTS - Subject to provision (4.1), the Insurer has the right
and the claimant shall afford to a duly qualified medical practitioner named by
the Insurer an opportunity to examine the person of the insured's person when
and as often as it reasonably requires while the claim is pending, and also, in the
case of the death of the insured person, to make an autopsy subject to the law
relating to autopsies.
(4.1)Exemption - The Insurer has no right and the claimant is under no obligation
under provision (4) with respect to
(
a) injuries to which the Diagnostic and Treatment Protocols Regulation applies
during the period and with respect to any service, diagnostic imaging,
laboratory testing, specialized testing, supply, treatment, visit, therapy,
assessment, making a report or other activity or function authorized under
that Regulation;
(
b) subject to provision (4.2), any other injuries for which the following services
are provided:
(
i) chiropractic services;
(ii) massage therapy services;
(iii) acupuncture services;
(iv) the following services to the extent of the specified limit:
(
A) psychological services, up to $600 per person;
(
B) physical therapy services, up to $600 per person;
(
C) occupational therapy services, up to $600 per person.
(4.2)Non-application - Provision (4.1)(
b) does not apply to those injuries to which
the Diagnostic and Treatment Protocols Regulation ceases to apply.
(5) RELEASE
Notwithstanding any release provided for under the relevant sections of The
Insurance Act of the Province, the Insurer may demand, as a condition precedent
to payment of any amount under
Section B of the policy, a release in favour of
the insured and the Insurer from liability to the extent of such payment from the
insured person or his personal representative or any other person.
(6) WHEN MONEYS PAYABLE
(
a) Except for the expenses authorized to be paid in accordance with the
Diagnostic and Treatment Protocols Regulation, all amounts payable under
Section B other than benefits under
Part II of Subsection 2 shall be paid by
the Insurer within 60 days after it has received a completed prescribed claim
form. The initial benefits for loss of time under
Part II of Subsection 2 shall
be paid within 30 days after the Insurer has received the completed
prescribed claim form, and payments shall be made thereafter within each
30-day period while the Insurer remains liable for payments if the insured
person, whenever required to do so, furnishes, prior to payment, proof of
continuing disability.
(
b) No person shall bring an action to recover the amount of a claim under this
section unless the requirements of provisions (3) and (4) are complied with,
nor until the amount of the loss has been ascertained as provided in this
section.
(
c) Every action or proceeding against the Insurer for the recovery of a claim
under this
section shall be commenced within one year from the date on
which the cause of action arose and not afterwards.
See also general provisions,
definitions, exclusions, and statutory conditions of
this policy.
SECTION C - LOSS OF OR DAMAGE TO INSURED AUTOMOBILE
The Insurer agrees to indemnify the Insured against direct and accidental loss of or
damage to the automobile, including its equipment
Subsection 1 - ALL PERILS - from all perils;
Subsection 2 - COLLISION OR UPSET - caused by collision with another
object or by upset;
Subsection 3 - COMPREHENSIVE - from any peril other than by collision with
another object or by upset;
The words "another object" as used in this subsection 3 shall be deemed to include (
a) a vehicle to which the automobile is attached and (
b) the surface of the ground and
any object therein or thereon. Loss or damage caused by missiles, falling or flying
objects, fire, theft, explosion, earthquake, windstorm, hail, rising water, malicious
mischief, riot or civil commotion shall be deemed loss or damage caused by perils for
which insurance is provided under this subsection 3.
Subsection 4 - SPECIFIED PERILS - caused by fire, lightning, theft or attempt
thereat, windstorm, earthquake, hail, explosion, riot or civil commotion, falling
or forced landing of aircraft or of parts thereof, rising water, or the stranding,
sinking, burning, derailment or collision of any conveyance in or upon which the
automobile is being transported on land or water;
DEDUCTIBLE CLAUSE
Each occurrence causing loss or damage covered under any subsection of
section C
except loss or damage caused by fire or lightning or theft of the entire automobile
covered by such subsection, shall give rise to a separate claim in respect of which the
Insurer's liability shall be limited to the amount of loss or damage in excess of the
amount deductible, if any, stated in the applicable subsection of
section C of Item 4 of
the application.
EXCLUSIONS
The Insurer shall not be liable,
(1) under any subsection of
Section C for loss or damage
(
a) to tires or consisting of or caused by mechanical fracture or breakdown of
any part of the automobile or by rusting, corrosion, wear and tear, freezing,
or explosion within the combustion chamber, unless the loss or damage is
coincident with other loss or damage covered by such subsection or is
caused by fire, theft or malicious mischief covered by such subsection; or
(
b) caused by the conversion, embezzlement, theft or secretion by any person in
lawful possession of the automobile under a mortgage, conditional sale,
lease or other similar written agreement; or
(
c) caused by the voluntary parting with title or ownership, whether or not
induced to do so by any fraudulent scheme, trick, device or false pretense; or
(
d) caused directly or indirectly by contamination by radioactive material; or
(
e) to contents of trailers or to rugs or robes; or
(
f) to tapes and equipment for use with a tape player or recorder when such
tapes or equipment are detached therefrom; or
(
g) where the insured drives or operates the automobile
(
i) while under the influence of intoxicating liquor or drugs to such an
extent as to be for the time being incapable of the proper control of the
automobile; or
(ii) while in a condition for which he is convicted of an offence under
section 253 of the Criminal Code (Canada) or under or in connection
with circumstances for which he is convicted of an offence under
section 254 of the Criminal Code (Canada); or
(
h) where the insured permits, suffers, allows or connives at the use of the
automobile by any person contrary to the provisions of (g);
(2) under subsections 3 (Comprehensive), 4 (Specified Perils) only, for loss or
damage caused by theft by any person or persons residing in the same dwelling
premises as the Insured, or by any employee of the Insured engaged in the
operation, maintenance or repair of the automobile whether the theft occurs
during the hours of such service or employment or not.
See also General Provisions,
Definitions, Exclusions and Statutory Conditions of
this Policy
ADDITIONAL AGREEMENTS OF INSURER
(1) Where loss or damage arises from a peril for which a premium is specified under
a subsection of this section, the Insurer further agrees:
(
a) to pay general average, salvage and fire department charges and customs
duties of Canada or of the United States of America for which the Insured is
legally liable;
(
b) to waive subrogation against every person who, with the insured's consent,
has care, custody or control of the automobile, provided always that this
waiver shall not apply to any person (1) having such care, custody or control
in the course of the business of selling, repairing, maintaining, servicing,
storing or parking automobiles, or (2) who has (
i) committed a breach of any
condition of this policy or (ii) driven or operated the automobile in the
circumstances referred to in (
i) or (ii) of paragraph (
g) of the Exclusions to
Section C of this policy;
(
c) to indemnify the Insured and any other person who personally drives a
temporary substitute automobile as defined in the General Provisions of this
Policy against the liability imposed by law or assumed by the Insured or
such other person under any contract or agreement for direct and accidental
physical loss or damage to such automobile and arising from the care,
custody and control thereof; provided always that:
(
i) such indemnity is subject to the deductible clause and exclusions of
each such subsection;
(ii) if the owner of such automobile has or places insurance against any
peril insured by this section, the indemnity provided herein shall be
limited to the sum by which the deductible amount, if any, of such other
insurance exceeds the deductible amount stated in the applicable
subsection of this Policy;
(iii) the Additional Agreements under
section A of this Policy shall insofar
as they are applicable, extend to the indemnity provided herein.
(2) Loss of Use by Theft - Where indemnity is provided under subsections 1, 3 or 4
of
section C hereof the Insurer further agrees, following a theft of the entire
automobile covered thereby, to reimburse the Insured for expense not exceeding
$25.00 for any one day nor totalling more than $750.00 incurred for the rental of
a substitute automobile including taxicabs and public means of transportation.
Reimbursement is limited to such expense incurred during the period
commencing seventy-two hours after such theft has been reported to the Insurer
or the police and terminating, regardless of the expiration of the policy period,
(
a) upon the date of the completion of repairs to or the replacement of the
property lost or damaged, or (
b) upon such earlier date as the Insurer makes or
tenders settlement for the loss or damage caused by such theft.
GENERAL PROVISIONS,
DEFINITIONS AND EXCLUSIONS
1. TERRITORY
This Policy applies only while the automobile is being operated, used, stored or
parked within Canada, the United States of America or upon a vessel plying
between ports of those countries.
2. OCCUPANT DEFINED
In this Policy the word "occupant" means a person driving, being carried in or
upon or entering or getting on to or alighting from an automobile.
3. CONSENT OF OWNER
No person shall be entitled to indemnity or payment under this Policy who is an
occupant of any automobile which is being used without the consent of the
owner thereof.
4. GARAGE PERSONNEL EXCLUDED
No person who is engaged in the business of selling, repairing, maintaining,
storing, servicing or parking automobiles shall be entitled to indemnity or
payment under this Policy for any loss, damage, injury or death sustained while
engaged in the use or operation of or while working upon the automobile in the
course of that business or while so engaged is an occupant of the described
automobile or a newly acquired automobile as defined in this Policy, unless the
person is the owner of such automobile or his employee or partner.
5. AUTOMOBILE DEFINED
In this Policy except where stated to the contrary the words "the automobile"
mean:
Under sections A (Third Party Liability), B (Accident Benefits), C (Loss of
or Damage to Insured Automobile)
(
a) The Described Automobile - an automobile, trailer or semi-trailer
specifically described in the Policy or within the description of insured
automobiles set forth therein;
(
b) A Newly Acquired Automobile - an automobile, ownership of which is
acquired by the insured and, within fourteen days following the date of its
delivery to him, notified to the Insurer in respect of which the insured has no
other valid insurance, if either it replaces an automobile described in the
application or the Insurer insures (in respect of the
section or subsection of
the Insuring Agreements under which claim is made) all automobiles owned
by the lnsured at such delivery date and in respect of which the Insured pays
any additional premium required; provided however, that insurance
hereunder shall not apply if the Insured is engaged in the business of selling
automobiles;
and under sections A (Third Party Liability) and B (Accident Benefits) only
(
c) A Temporary Substitute Automobile - an automobile not owned by the
Insured, nor by any person or persons residing in the same dwelling
premises as the Insured, while temporarily used as the substitute for the
described automobile which is not in use by any person insured by this
Policy, because of its breakdown, repair, servicing, loss, destruction or sale;
(
d) Any Automobile of the Private Passenger or Station Wagon type, other than
the described automobile, while personally driven by the Insured, or by his
or her spouse if residing in the same dwelling premises as the Insured
provided that
(
i) the described automobile is of the private passenger or station wagon
type;
(ii) the Insured is an individual or are husband and wife;
(iii) neither the Insured nor his or her spouse is driving such automobile in
connection with the business of selling, repairing, maintaining,
servicing, storing or parking automobiles;
(iv) such other automobile is not owned or regularly or frequently used by
the Insured or by any person or persons residing in the same dwelling
premises as the Insured;
(
v) such other automobile is not owned, hired or leased by an employer of
the Insured or by an employer of any person or persons residing in the
same dwelling premises as the Insured;
(vi) such other automobile is not used for carrying passengers for
compensation or hire or for commercial delivery;
(
e) If the Insured is a corporation, unincorporated association or registered co-
partnership, any automobile of the private passenger or station wagon type,
other than the described automobile, while personally driven by the
employee or partner for whose regular use the described automobile is
furnished, or by his or her spouse if residing in the same dwelling premises
as such employee or partner, provided that
(
i) neither such employee or partner or his or her spouse is the owner of an
automobile of the private passenger or station wagon type;
(ii) the described automobile is of the private passenger or station wagon
type;
(iii) neither such employee, partner or spouse is driving the automobile in
connection with the business of selling, repairing, maintaining,
servicing, storing or parking automobiles;
(iv) such other automobile is not owned, hired or leased or regularly or
frequently used by the Insured or such employee or by any partner of
the Insured or by any persons residing in the same dwelling premises as
any of the aforementioned persons;
(
v) such other automobile is not used for carrying passengers for
compensation or hire or commercial delivery.
(
f) Trailers - any trailer used in connection with the automobile.
6. TWO OR MORE AUTOMOBILES
(
a) When two or more automobiles are described hereunder (
i) with respect to
the use or operation of such described automobiles, each automobile shall be
deemed to be insured under a separate policy; (ii) with respect to the use or
operation of an automobile not owned by the Insured, the limit of the
Insurer's liability shall not exceed the highest limit applicable to any one
described automobile;
(
b) When the Insured owns two or more automobiles which are insured as
described automobiles under two or more automobile insurance policies, the
limit of the Insurer under this Policy with respect to the use or operation of
an automobile not owned by the Insured shall not exceed the proportion that
the highest limit applicable to any one automobile described in this Policy
bears to the sum of the highest limits applicable under each policy and in no
event shall exceed such proportion of the highest limit applicable to any one
automobile under any policy;
(
c) A motor vehicle and one or more trailers or semi-trailers attached thereto
shall be held to be one automobile with respect to the limit(
s) of liability
under insuring Agreements A and B and separate automobiles with respect
to the limit(
s) of liability, including deductible provisions, under Insuring
Agreement C.
7. WAR RISKS EXCLUDED
The Insurer shall not be liable under
section B or C of this Policy for any loss,
damage, injury or death caused directly or indirectly by bombardment, invasion,
civil war, insurrection, rebellion, revolution, military or usurped power, or by
operation of armed forces while engaged in hostilities, whether war be declared
or not.
8. EXCLUDED USES
Unless coverage is expressly given by an endorsement of this Policy, the insurer
shall not be liable under this Policy while:
(
a) the automobile is rented or leased to another person, but does not include the
use by an employee of the employer's automobile in the business of the
employee's employer for which the employee is paid;
(
b) the automobile is used to carry explosives, or to carry radioactive material
for research, education, development or industrial purposes, or for purposes
incidental to those purposes. "Radioactive material" means
(
a) spent nuclear fuel rods that have been exposed to radiation in a nuclear
reactor,
(
b) radioactive waste material,
(
c) unused enriched nuclear fuel rods, or
(
d) any other radioactive material of such quantity and quality as to be
harmful to persons or property if its container were destroyed or
damaged;
(
c) the automobile is used as a taxicab, public omnibus, livery, jitney or
sightseeing conveyance or for carrying passengers for compensation or hire
provided that the following uses shall not be deemed to be the carrying of
passengers for compensation or hire:
(
i) the use by the insured of his automobile for the carriage of another
person in return for the insured's carriage in the automobile of the other
person.
(ii) the occasional and infrequent use by the insured of the automobile for
the carriage of another person who shares the cost of the trip;
(iii) the use by the insured of his automobile for the carriage of a temporary
or permanent domestic servant of the insured or the insured's spouse or
adult interdependent partner;
(iv) the occasional and infrequent use by the insured of the automobile for
the transportation of children to or from activities conducted as part of
an educational program,
(
v) the use by an insured of the automobile for the carriage of a client or
customer or prospective client or customer.
9. LIMITATION OF ACTIONS
Every action or proceeding against an insurer for the recovery of insurance
money payable under the contract is absolutely barred unless commenced within
the time set out in the Insurance Act.
STATUTORY CONDITIONS
In these Statutory Conditions, unless the context otherwise requires, "insured" means
a person insured by the contract whether named in the contract or not.
(
i) Statutory Condition 3 does not apply when the contract does not insure against
liability for loss or damage to persons and property;
(ii) Statutory Condition 4 does not apply when the contract does not insure against
loss of or damage to the automobile.
Material Change in Risk
(1) The insured named in this contract must promptly notify the insurer or its
agent in writing, of any change in the risk material to the contract and within
the insured's knowledge.
(2) Without restricting the generality of subparagraph (1) of this condition,
"change in the risk material to the contract" includes
(
a) any change in the insurable interest of the insured named in the contract
in the automobile by sale, assignment or otherwise, except through
change of title by succession, death or proceedings under the
Bankruptcy and Insolvency Act (Canada); and
(
b) in respect to insurance against loss of or damage to the automobile,
(
i) any mortgage, lien or encumbrance affecting the automobile after
the application for the contract, and
(ii) any other insurance of the same interest, whether valid or not,
covering loss or damage insured by the contract or any portion of
the contract.
Prohibited Use by Insured
(1) The insured must not drive or operate the automobile
(
a) unless the insured is for the time being either authorized by law or
qualified to drive or operate the automobile,
(
b) while the insured's licence to drive or operate an automobile is
suspended or while the insured's right to obtain a licence is suspended
or while the insured is prohibited under order of any court from driving
or operating an automobile,
(
c) while the insured is under the age of 16 years or under any other age
prescribed by the law of the province in which the insured resides at the
time the contract is made as being the minimum age at which a licence
or permit to drive an automobile may be issued to the insured,
(
d) for any illicit or prohibited trade or transportation, or
(
e) in any race or speed test.
Prohibited Use by Others
(2) The insured must not permit or allow the use of the automobile
(
a) by any person
(
i) unless that person is for the time being either authorized by law or
qualified to drive or operate the automobile, or
(ii) while that person is under the age of 16 years or under any other
age prescribed by the law of the province in which the person
resides at the time the contract is made as being the minimum age
at which a licence or permit to drive an automobile may be issued
to the person,
(
b) by any person who is a member of the household of the insured while
the person's licence to drive or operate an automobile is suspended or
while the person's right to obtain a licence is suspended or while the
person is prohibited under order of any court from driving or operating
an automobile,
(
c) for any illicit or prohibited trade or transportation, or
(
d) in any race or speed test.
Requirements Where Loss or Damage to Persons or Property
(1) The insured must
(
a) promptly give to the insurer written notice, with all available
particulars, of any accident involving loss or damage to persons or
property and of any claim made on account of the accident,
(
b) verify by statutory declaration, if required by the insurer, that the claim
arose out of the use or operation of the automobile and that the person
operating or responsible for the operation of the automobile at the time
of the accident is a person insured under the contract, and
(
c) forward immediately to the insurer every letter, document, advice or
writ received by the insured from or on behalf of the claimant.
(2) The insured must not
(
a) voluntarily assume any liability or settle any claim except at the
insured's own cost, or
(
b) interfere in any negotiations for settlement or in any legal proceeding.
(3) The insured must, whenever requested by the insurer, aid in securing
information and evidence and the attendance of any witness, and must co-
operate with the insurer, except in a pecuniary way, in the defence of any
action or proceeding or in the prosecution of any appeal.
Requirements Where Loss or Damage to the Automobile
(1) When loss of or damage to the automobile occurs, the insured must, if the
loss or damage is covered by the contract,
(
a) promptly give notice of the loss or damage in writing to the insurer with
fullest information obtainable at the time,
(
b) at the expense of the insurer, and as far as reasonably possible, protect
the automobile from further loss or damage, and
(
c) deliver to the insurer within 90 days after the date of the loss or damage
a statutory declaration stating, to the best of the insured's knowledge
and belief, the place, time, cause and amount of the loss or damage, the
interest of the insured and of all others in the automobile, the
encumbrances on the automobile, all other insurance, whether valid or
not, covering the automobile and that the loss or damage did not occur
through any wilful act or neglect, procurement, means or connivance of
the insured.
(2) Any further loss or damage accruing to the automobile directly or indirectly
from a failure to protect it as required under subparagraph (1) of this
condition is not recoverable under the contract.
(3) No repairs, other than those that are immediately necessary for the
protection of the automobile from further loss or damage, may be
undertaken and no physical evidence of the loss or damage may be removed
(
a) without the written consent of the insurer, or
(
b) until the insurer had a reasonable opportunity to make the inspection for
which provision is made in Statutory Condition 5.
Examination of Insured
(4) The insured must submit to examination under oath and must produce for
examination at any reasonable place and time designated by the insurer or its
representative all documents in the insured's possession or control that
relate to the matters in question, and the insured must permit extracts and
copies of the documents to be made.
Insurer Liable for Cash Value of Automobile
(5) The insurer is not liable for more than the actual cash value of the
automobile at the time any loss or damage occurs, and the loss or damage
must be ascertained or estimated according to that actual cash value with
proper deductions for depreciation, however caused, and must not exceed
the amount that it would cost to repair or replace the automobile, or any part
of the automobile, with material of similar kind and quality, but if any part
of the automobile is obsolete and unavailable, the liability of the insurer in
respect of the automobile is limited to the value of that part at the time of
loss or damage, not exceeding the maker's latest list price.
Repair or Replacement
(6) Except where a dispute resolution process has been initiated, the insurer,
instead of making payment, may, within a reasonable time, repair, rebuild or
replace the property damaged or lost with other of similar kind and quality
if, within 7 days after the receipt of the proof of loss, it gives written notice
of its intention to do so.
No Abandonment, Salvage
(7) There must be no abandonment of the automobile to the insurer without the
insurer's consent.
(8) If the insurer exercises the option to replace the automobile or pays the
actual cash value of the automobile, the salvage, if any, vests in the insurer.
In Case of Disagreement
(9) In the event of disagreement as to the nature and extent of the repairs and
replacements required, or as to their adequacy, if effected, or as to the
amount of the loss or damage, those questions must be determined by a
dispute resolution process as provided under the Insurance Act before there
can be recovery under the contract, whether the right to recover under the
contract is disputed or not, and independently of all other questions.
(10) There is no right to a dispute resolution process until
(
a) a specific demand for it is made in writing, and
(
b) the proof of loss has been delivered.
Inspection of Automobile
5. The insured must permit the insurer at all reasonable times to inspect the
automobile and its equipment.
Time and Manner of Payment of Insurance Money
(1) The insurer must pay the insurance money for which it is liable under the
contract within 60 days after the proof of loss has been received by it or,
where a dispute resolution process is conducted under Statutory Condition
4(9), within 15 days after the decision is rendered.
When Action May Be Brought
(2) The insured may not bring an action to recover the amount of a claim under
the contract unless the requirements of Statutory Conditions 3 and 4 are
complied with or until the amount of the loss has been ascertained as
provided for under Statutory Conditions 3 and 4 or by a judgment against
the insured after trial of the issue, or by agreement between the parties with
the written consent of the insurer.
Who May Give Notice and Proofs of Claim
7. Notice of claim may be given and proofs of claim may be made by the agent of
the insured named in this contract in the case of absence or inability of the
insured to give the notice or make the proof, such absence or inability being
satisfactorily accounted for or, in the like case or if the insured refuses to do so,
by a person to whom any part of the insurance money is payable.
Termination
(1) The contract may be terminated
(
a) by the insurer giving to the insured 15 days' notice of termination by
registered mail or 5 days' written notice of termination personally
delivered, or
(
b) by the insured at any time on request.
(2) If the contract is terminated by the insurer,
(
a) the insurer must refund the excess of premium actually paid by the
insured over the prorated premium for the expired time, but in no event,
may the prorated premium for the expired time be less than any
minimum retained premium specified, and
(
b) the refund must accompany the notice unless the premium is subject to
adjustment or determination as to the amount, in which case the refund
must be made as soon as practicable.
(3) If the contract is terminated by the insured, the insurer must refund as soon
as practicable the excess of premium actually paid by the insured over the
short rate premium for the expired time, but in no event may the short rate
premium for the expired time be deemed to be less than any minimum
retained premium specified.
(4) The 15-day referred to in subparagraph 1(
a) of this condition starts to run on
the day the registered letter or notification of it is delivered to the insured's
postal address.
Notice
(1) Any written notice to the insurer may be delivered at, or sent by registered
mail to, the chief agency or head office of the insurer in the province.
(2) Written notice may be given to the insured named in the contract by letter
personally delivered to the insured or by registered mail addressed to the
insured at the insured's latest postal address as notified to the insurer.
(3) In this condition, "registered" means registered in or outside Canada.
Infrastructure
Hosting Expenses Exceeding $600.00
For the period October 1, 2011 to December 31, 2011
Name: Meeting with EFB Consultants and Sub-Consultants
Date(s): October 4 and November 17, 2011
Amount: $3,193.08
Purpose: Session for the Federal Building
Location: Edmonton, Alberta
Name: Design Development Meeting
Date(s): November 8, 9, 22 & 23, 2011
Amount: $2,988.34
Purpose: Design Development, to discuss details with the users, this will include site
layout, room layouts, interrelation of various furniture and equipments, site
landscaping and interior courtyard landscaping concepts. Those attending will be
from Alberta Health Services, Stantec Consultants, and Alberta Infrastructure
Location: High Prairie, Alberta
Sale or Disposition of Land
(Government Organization Act)
Name of Purchaser: G3 Development Services Inc.
Consideration: $5,001,000.00
Land Description: Plan 7921758, Block 1, Lot 2. Containing 19.9 Hectares (49.19
Acres) more or less. Excepting thereout all mines and minerals. Located in the City
of Red Deer
_______________
Name of Purchaser: Tricycle Lane Ranches Ltd.
Consideration: $70,010.00
Land Description: Plan 8222372, Stock Pile Site. Containing 6.04 Hectares (14.93
Acres) more or less. Excepting thereout all mines and minerals. Located in Leduc
County
Safety Codes Council
Agency Accreditation - Cancellation
Pursuant to
section 30 of the Safety Codes Act it is hereby ordered that
Alberta Elevator Inspection Services Ltd, Accreditation No. A000284, Order No.
Is to cease services under the Safety Codes Act for Elevators
Issued Date: February 28, 2012.
_______________
Corporate Accreditation - Cancellation
(Safety Codes Act)
Pursuant to
section 28 of the Safety Codes Act it is hereby ordered that
Gulf Chemical & Metallurgical Canada Corporation, Accreditation No. C000155,
Order No. 0737
Is to cease administration under the Safety Codes Act within its jurisdiction for
Electrical
Consisting of all parts of the Canadian Electrical Code, Code for Electrical
Installations at Oil & Gas Facilities.
Issued Date: February 28, 2012.
Pursuant to
section 28 of the Safety Codes Act it is hereby ordered that
Hinton Pulp (A Division of West Fraser Mills Ltd), Accreditation No. C000178,
Order No. 956
Is to cease administration under the Safety Codes Act within its jurisdiction for
Plumbing
Consisting of all parts of the National Plumbing Code and Alberta Private Sewage
Systems Standard of Practice including applicable Alberta amendments and
regulations.
Issued Date: March 5, 2012.
Alberta Securities Commission
MULTILATERAL INSTRUMENT 11-102 PASSPORT SYSTEM
AMENDING INSTRUMENT
(Securities Act)
Made as a rule by the Alberta Securities Commission on January 11, 2012 pursuant to
sections 223 and 224 of the Securities Act.
AMENDMENTS TO
MULTILATERAL INSTRUMENT 11-102
PASSPORT SYSTEM
1. Multilateral Instrument 11-102 Passport System is amended by this
Instrument.
2. This Instrument is amended by adding the following Part:
PART 4B APPLICATION TO BECOME A DESIGNATED RATING
ORGANIZATION
4B.1 Specified jurisdiction
For the purposes of this Part, the specified jurisdictions are British Columbia, Alberta,
Saskatchewan, Manitoba, Ontario, Qu‚bec, Nova Scotia and New Brunswick.
4B.2 Principal regulator - general
Subject to sections 4B.3 to 4B.5, the principal regulator for an application by a credit
rating organization to become a designated rating organization is
(
a) the securities regulatory authority or regulator of the jurisdiction in which the head
office of the credit rating organization is located,
(
b) if the head office for a credit rating organization is not in a jurisdiction of Canada,
the securities regulatory authority or regulator of the jurisdiction in which the largest
branch office of the credit rating organization is located, or
(
c) if neither the head office or a branch office of the credit rating organization is
located in a jurisdiction of Canada, the securities regulatory authority or regulator of
the jurisdiction with which the credit rating organization has the most significant
connection.
4B.3 Principal regulator - head office not in a specified jurisdiction
Subject to
section 4B.5, if the jurisdiction identified under
section 4B.2 is not a
specified jurisdiction, the principal regulator for the application is the securities
regulatory authority or regulator of the specified jurisdiction with which the credit
rating organization has the most significant connection.
4B.4 Principal regulator - designation not sought in principal jurisdiction
Subject to
section 4B.5 if a credit rating organization is not seeking to become a
designated rating organization in the jurisdiction of the principal regulator, as
determined under
section 4B.2 or 4B.3, as applicable, the principal regulator for the
designation is the securities regulatory authority or regulator in the specified
jurisdiction
(
a) in which the credit rating organization is seeking the designation, and
(
b) with which the credit rating organization has the most significant connection.
4B.5 Discretionary change of principal regulator for application for designation
If a credit rating organization receives written notice from a securities regulatory
authority or regulator that specifies a principal regulator for the credit rating
organization's application, the securities regulatory authority or regulator specified in
the notice is the principal regulator for the designation.
4B.6 Deemed designation of a credit rating organization
(1) If an application to become a designated rating organization is made by a credit
rating organization in the principal jurisdiction, the credit rating organization is
deemed to be a designated rating organization in a local jurisdiction if
(
a) the local jurisdiction is not the principal jurisdiction for the application,
(
b) the principal regulator for the application designated the credit rating
organization and that designation is in effect,
(
c) the credit rating organization that applied to be designated gives notice
to the securities regulatory authority or regulator that this subsection is
intended to be relied upon for the designation in the local jurisdiction,
and
(
d) the credit rating organization complies with any terms, conditions,
restrictions or requirements imposed by the principal regulator as if they
were imposed in the local jurisdiction.
(2) For the purpose of paragraph (1)(c), the credit rating organization may give the
notice referred to in that paragraph by giving it to the principal regulator..
3. Appendix D is amended by adding, in the format indicated by the shaded area,
the following row, that commences with "Designated rating organizations", after
the row that commences with "Institutional trade matching and settlement":
Provision
Que
PEI
NWT
Nun
Designated
rating
organizations
NI 25-101
4. This Instrument comes into force on April 20, 2012.
NATIONAL INSTRUMENT 25-101
DESIGNATED RATING ORGANIZATIONS
(Securities Act)
Made as a rule by the Alberta Securities Commission on January 11, 2012 pursuant to
sections 223 and 224 of the Securities Act.
NATIONAL INSTRUMENT 25-101
DESIGNATED RATING ORGANIZATIONS
PART 1 -
DEFINITIONS AND
INTERPRETATION
Definitions
1. In this Instrument
"board of directors" means, in the case of a designated rating organization that
does not have a board of directors, a group that acts in a capacity similar to a
board of directors;
"code of conduct" means the code of conduct referred to in
Part 4 of this
Instrument and may include, for greater certainty, one or more codes;
"compliance officer" means the compliance officer referred to in
section 12;
"designated rating organization" means a credit rating organization that has
been designated under securities legislation;
"DRO affiliate" means an affiliate of a designated rating organization that
issues credit ratings in a foreign jurisdiction and that has been designated as a
DRO affiliate under the terms of the designated rating organizations'
designation;
"DRO employee" means an individual, other than an employee or agent of a
DRO affiliate, who is
(
a) employed by a designated rating organization, or
(
b) an agent who provides services directly to the designated rating
organization and who is involved in determining, approving or
monitoring a credit rating issued by the designated rating
organization;
"Form NRSRO" means the annual certification on Form NRSRO, including
exhibits, required to be filed by an NRSRO under the 1934 Act;
"NRSRO" means a nationally recognized statistical rating organization, as
defined in the 1934 Act;
"rated entity" means a person or company that is issuing, or that has issued,
securities that are the subject of a credit rating issued by a designated rating
organization and includes a person or company that made a submission to a
designated rating organization for the designated rating organization's initial
review or for a preliminary rating but did not request a final rating;
"rated securities" means the securities issued by a rated entity that are the
subject of a credit rating issued by a designated rating organization;
"ratings employee" means any DRO employee who participates in
determining, approving or monitoring a credit rating issued by the designated
rating organization;
"related entity" means in relation to an issuer of a securitized product, an
originator, arranger, underwriter, servicer or sponsor of the securitized product
or any person or company performing similar functions;
"securitized product" means any of the following:
(
a) a security that entitles the security holder to receive payments that
primarily depend on the cash flow from self-liquidating financial
assets collateralizing the security, such as loans, leases,
mortgages, and secured or unsecured receivables, including:
(
i) an asset-backed security;
(ii) a collateralized mortgage obligation;
(iii) a collateralized debt obligation;
(iv) a collateralized bond obligation;
(
v) a collateralized debt obligation of asset-backed securities;
(vi) a collateralized debt obligation of collateralized debt
obligations;
(
b) a security that entitles the security holder to receive payments that
substantially reference or replicate the payments made on one or
more securities of the type described in paragraph (
a) but that do
not primarily depend on the cash flow from self-liquidating
financial assets that collateralize the security, including:
(
i) a synthetic asset-backed security;
(ii) a synthetic collateralized mortgage obligation;
(iii) a synthetic collateralized debt obligation;
(iv) a synthetic collateralized bond obligation;
(vi) a synthetic collateralized debt obligation of asset-backed
securities;
(vii) a synthetic collateralized debt obligation of collateralized
debt obligations.
Interpretation
2. Nothing in this Instrument is to be interpreted as regulating the content of a
credit rating or the methodology a credit rating organization uses to determine
a credit rating.
Affiliate
(1) In this Instrument, a person or company is an affiliate of another person
or company if either of the following apply:
(
a) one of them is the subsidiary of the other;
(
b) each of them is controlled by the same person or company.
(2) For the purposes of paragraph (1)(b), a person or company (first person)
is considered to control another person or company (second person) if
any of the following apply:
(
a) the first person beneficially owns, or controls or directs, directly
or indirectly, securities of the second person carrying votes which,
if exercised, would entitle the first person to elect a majority of
the directors of the second person, unless that first person holds
the voting securities only to secure an obligation;
(
b) the second person is a partnership, other than a limited
partnership, and the first person holds more than 50% of the
interests of the partnership;
(
c) the second person is a limited partnership and the general partner
of the limited partnership is the first person.
Credit rating
4. In British Columbia, credit rating means an assessment that is publicly
disclosed or distributed by subscription concerning the creditworthiness of an
issuer,
(
a) as an entity, or
(
b) with respect to specific securities or a specific pool of securities or
assets.
Market participant in Ontario
5. In Ontario, a DRO affiliate is deemed to be a market participant.
PART 2 - DESIGNATION OF RATING ORGANIZATIONS
Application for designation
(1) A credit rating organization that applies to be a designated rating
organization must file a completed Form 25-101F1.
(2) Despite subsection (1), a credit rating organization that is an NRSRO
may file its most recent Form NRSRO.
(3) A credit rating organization that applies to be a designated rating
organization that is incorporated or organized under the laws of a foreign
jurisdiction and does not have an office in Canada must file a completed
Form 25-101F2.
(4) Any person or company that will be a DRO affiliate upon the
designation of a credit rating agency that does not have an office in
Canada must file a completed Form 25-101F2.
PART 3 - BOARD OF DIRECTORS
Board of directors
7. A designated rating organization must not issue a credit rating unless it, or a
DRO affiliate that is a parent of the designated rating organization, has a board
of directors.
Composition
(1) For the purposes of
section 7, a board of directors of a designated rating
organization, or the board of directors of the DRO affiliate that is a
parent of the designated rating organization, as the case may be, must be
composed of a minimum of three members.
(2) At least one-half, but not fewer than two, of the members of the board of
directors must be independent of the organization and any DRO affiliate.
(3) For the purposes of subsection (2), a member of the board of directors is
not considered independent if the director
(
a) other than in his or her capacity as a member of the board of
directors or a board committee, accepts any consulting, advisory
or other compensatory fee from the designated rating organization
or a DRO affiliate;
(
b) is a DRO employee or an employee or agent of a DRO affiliate;
(
c) has a relationship with the designated rating organization that
could, in the opinion of the board of directors, be reasonably
expected to interfere with the exercise of a director's independent
judgment; or
(
d) has served on the board of directors for more than five years in
total.
(4) For the purposes of paragraph 3(c), in forming its opinion, the
board of directors is not required to conclude that a member is not
independent solely on the basis that the member is, or was, a user
of the designated rating organization's rating services.
PART 4 ? CODE OF CONDUCT
Code of conduct
(1) A designated rating organization must establish, maintain and comply
with a code of conduct.
(2) A designated rating organization's code of conduct must incorporate
each of the provisions set out in Appendix A.
Filing and publication
(1) A designated rating organization must file a copy of its code of conduct
and post a copy of it prominently on its website promptly upon
designation.
(2) Each time an amendment is made to a code of conduct by a designated
rating organization, the amended code of conduct must be filed, and
prominently posted on the organization's website, within five business
days of the amendment coming into effect.
Waivers
11. A designated rating organization's code of conduct must specify that a
designated rating organization must not waive provisions of its code of
conduct.
PART 5 ? COMPLIANCE OFFICER
Compliance officer
(1) A designated rating organization must not issue a credit rating unless it,
or a DRO affiliate that is a parent of the designated rating organization,
has a compliance officer that monitors and assesses compliance by the
designated rating organization and its DRO employees with the
organization's code of conduct and with securities legislation.
(2) The compliance officer must regularly report on his or her activities
directly to the board of directors.
(3) The compliance officer must report to the board of directors as soon as
reasonably possible if the compliance officer becomes aware of any
circumstances indicating that the designated rating organization or its
DRO employees may be in non-compliance with the organization's code
of conduct or securities legislation and any of the following apply:
(
a) the non-compliance would reasonably be expected to create a
significant risk of harm to a rated entity or the rated entity's
investors;
(
b) the non-compliance would reasonably be expected to create a
significant risk of harm to the capital markets;
(
c) the non-compliance is part of a pattern of non-compliance.
(4) The compliance officer must not, while serving in such capacity,
participate in any of the following:
(
a) the development of credit ratings, methodologies or models;
(
b) the establishment of compensation levels, other than for DRO
employees reporting directly to the compliance officer.
(5) The compensation of the compliance officer and of any DRO employee
that reports directly to the compliance officer must not be linked to the
financial performance of the designated rating organization or its DRO
affiliates and must be determined in a manner that preserves the
independence of the compliance officer's judgment.
PART 6 ? BOOKS AND RECORDS
Books and records
(1) A designated rating organization must keep such books and records and
other documents as are necessary to account for the conduct of its credit
rating activities, its business transactions and financial affairs and must
keep such other books, records and documents as may otherwise be
required under securities legislation.
(2) A designated rating organization must retain the books and records
maintained under this
section
(
a) for a period of seven years from the date the record was made or
received, whichever is later;
(
b) in a safe location and a durable form; and
(
c) in a manner that permits it to be provided promptly to the
securities regulatory authority upon request.
Part 7 ? FILING REQUIREMENTS
Filing requirements
(1) No later than 90 days after the end of its most recently completed
financial year, each designated rating organization must file a completed
Form 25-101F1.
(2) Upon any of the information in a Form 25-101F1 filed by a designated
rating organization becoming materially inaccurate, the designated
rating organization must promptly file an amendment to, or an amended
and restated version of, its Form 25-101F1.
(3) Until six years after it has ceased to be a designated rating organization
in any jurisdiction of Canada, a designated rating organization must file
a completed amended Form 25-101F2 at least 30 days before
(
a) the termination date of Form 25-101F2, or
(
b) the effective date of any changes to Form 25-101F2.
(4) Until six years after it has ceased to be a DRO affiliate in any
jurisdiction of Canada, a DRO affiliate must file a completed amended
Form 25-101F2 at least 30 days before
(
a) the termination date of Form 25-101F2, or
(
b) the effective date of any changes to Form 25-101F2.
PART 8 ? EXEMPTIONS AND EFFECTIVE DATE
Exemptions
(1) The regulator or the securities regulatory authority may grant an
exemption from the provisions of this Instrument, in whole or in part,
subject to such conditions or restrictions as may be imposed in the
exemption.
(2) Despite subsection (1), in Ontario, only the regulator may grant an
exemption.
(3) Except in Ontario, an exemption referred to in subsection (1) is granted
under the statute referred to in Appendix B of National Instrument 14-
Definitions opposite the name of the local jurisdiction.
Effective date
16. This Instrument comes into force on April 20, 2012.
APPENDIX A TO NATIONAL INSTRUMENT 25-101
DESIGNATED RATING ORGANIZATIONS - PROVISIONS REQUIRED TO BE INCLUDED IN
A DESIGNATED RATING ORGANIZATION'S CODE OF CONDUCT
INTERPRETATION
1.1 A term used in this code of conduct has the same meaning as in National
Instrument 25-101 Designated Rating Organizations if used in that Instrument.
2. QUALITY AND INTEGRITY OF THE RATING PROCESS
A. Quality of the Rating Process
I - General Requirements
2.1 A designated rating organization must adopt, implement and enforce procedures
in its code of conduct to ensure that the credit ratings it issues are based on a thorough
analysis of all information known to the designated rating organization that is relevant
to its analysis according to its rating methodologies.
2.2 A designated rating organization must include a provision in its code of conduct
that it will use only rating methodologies that are rigorous, systematic, continuous and
subject to validation based on experience, including back-testing.
II - Specific Provisions
2.3 Each ratings employee involved in the preparation, review or issuance of a credit
rating, action or report must use methodologies established by the designated rating
organization. Each ratings employee must apply a given methodology in a consistent
manner, as determined by the designated rating organization.
2.4 A credit rating must be assigned by the designated rating organization and not by
an employee or agent of the designated rating organization.
2.5 A credit rating must reflect all information known, and believed to be relevant, to
the designated rating organization, consistent with its published methodology. The
designated rating organization will ensure that its ratings employees and agents have
appropriate knowledge and experience for the duties assigned.
2.6 The designated rating organization, its ratings employees and its agents must take
all reasonable steps to avoid issuing a credit rating, action or report that is false or
misleading as to the general creditworthiness of a rated entity or rated securities.
2.7 The designated rating organization will ensure that it has and devotes sufficient
resources to carry out high-quality credit assessments of all rated entities and rated
securities. When deciding whether to rate or continue rating an entity or securities, the
organization will assess whether it is able to devote sufficient personnel with
sufficient skill sets to make a credible rating assessment, and whether its personnel
are likely to have access to sufficient information needed in order make such an
assessment. A designated rating organization will adopt all necessary measures so that
the information it uses in assigning a rating is of sufficient quality to support a
credible rating and is obtained from a source that a reasonable person would consider
to be reliable.
2.8 The designated rating organization will appoint a senior manager, or establish a
committee made up of one or more senior managers, with appropriate experience to
review the feasibility of providing a credit rating for a structure that is significantly
different from the structures the designated rating organization currently rates.
2.9 The designated rating organization will assess whether the methodologies and
models used for determining credit ratings of a securitized product are appropriate
when the risk characteristics of the assets underlying the securitized product change
significantly. If the quality of the available information is not satisfactory or if the
complexity of a new type of structure, instrument or security should reasonably raise
concerns about whether the designated rating organization can provide a credible
rating, the designated rating organization will not issue or maintain a credit rating.
2.10 The designated rating organization will ensure continuity and regularity, and
avoid conflicts of interest, in the rating process.
B. Monitoring and Updating
2.11 The designated rating organization will establish a committee to be responsible
for implementing a rigorous and formal process for reviewing, on at least an annual
basis, and making changes to the methodologies, models and key ratings assumptions
it uses. This review will include consideration of the appropriateness of the
designated rating organization's methodologies, models and key ratings assumptions
if they are used or intended to be applied to new types of structures, instruments or
securities. This process will be conducted independently of the business lines that are
responsible for credit rating activities. The committee will report to its board of
directors or the board of directors of a DRO affiliate that is a parent of the designated
rating organization.
2.12 If a methodology, model or key ratings assumption used in a credit rating
activity is changed, the designated rating organization will do each of the following:
(
a) promptly identify each credit rating likely to be affected if the credit
rating were to be re-rated using the new methodology, model or key
ratings assumption and, using the same means of communication the
organization generally uses for the credit ratings, disclose the scope of
credit ratings likely to be affected by the change in methodology, model
or key ratings assumption;
(
b) promptly place each credit rating identified under subsection (
a) under
surveillance;
(
c) within six months of the change, review each credit rating identified
under subsection (
a) with respect to its accuracy;
(
d) re-rate a credit rating if, following the review required in subsection (c),
the change, alone or combined with all other changes, affects the
accuracy of the credit rating.
2.13 The designated rating organization will ensure that adequate personnel and
financial resources are allocated to monitoring and updating its credit ratings. Except
for ratings that clearly indicate they do not entail ongoing monitoring, once a rating is
published the designated rating organization will monitor the rated entity's
creditworthiness on an ongoing basis and, at least annually, update the rating. In
addition, the designated rating organization must initiate a review of the accuracy of a
rating upon becoming aware of any information that might reasonably be expected to
result in a rating action (including termination of a rating), consistent with the
applicable rating methodology and must promptly update the rating, as appropriate,
based on the results of such review.
Subsequent monitoring will incorporate all cumulative experience obtained.
2.14 If the designated rating organization uses separate analytical teams for
determining initial ratings and for subsequent monitoring, the organization will ensure
each team has the requisite level of expertise and resources to perform their respective
functions competently and in a timely manner.
2.15 If the designated rating organization discloses a credit rating to the public and
subsequently discontinues the rating, the designated rating organization will disclose
that the rating has been discontinued using the same means of communication as was
used for the disclosure of the rating. If the designated rating organization discloses a
rating only to its subscribers, if it discontinues the rating, the designated rating
organization will disclose to each subscriber of that rating that the rating has been
discontinued. In both cases, a subsequent publication by the designated rating
organization of the discontinued rating will indicate the date the rating was last
updated and disclose that the rating is no longer being updated and the reasons for the
decision to discontinue the rating.
C. Integrity of the Rating Process
2.16 The designated rating organization, its ratings employees and agents will
comply with all applicable laws and regulations governing its activities.
2.17 The designated rating organization, its ratings employees and agents must deal
fairly, honestly and in good faith with rated entities, investors, other market
participants, and the public.
2.18 The designated rating organization will hold its ratings employees and agents to
a high standard of integrity, and the designated rating organization will not employ an
individual which a reasonable person would consider to be lacking in or have
compromised integrity.
2.19 The designated rating organization and its ratings employees and agents will
not, either implicitly or explicitly, give any assurance or guarantee of a particular
rating prior to a rating assessment. The designated rating organization may develop
prospective assessments if the assessment is to be used in a securitized product or
similar transaction.
2.20 A person or company listed below must not make a recommendation to a rated
entity about the corporate or legal structure, assets, liabilities, or activities of the rated
entity:
(
a) a designated rating organization;
(
b) an affiliate or related entity of the designated rating organization;
(
c) the ratings employees of any of the above.
2.21 The designated rating organization will instruct its employees and agents that,
upon becoming aware that the organization, another employee or an affiliate, or an
employee of an affiliate of the designated rating organization, is or has engaged in
conduct that is illegal, unethical or contrary to the designated rating organization's
code of conduct, the employee or agent must report that information immediately to
the compliance officer. Upon receiving the information, the compliance officer will
take appropriate action, as determined by the laws and regulations of the jurisdiction
and the rules and guidelines set forth by the designated rating organization. The
designated rating organization will not take or allow retaliation against the employee
or agent by employees, agents, the designated rating organization itself or its
affiliates.
D. Governance Requirements
2.22 The designated rating organization will not issue a credit rating unless a
majority of its board of directors, or the board of directors of a DRO affiliate that is a
parent of the designated rating organization, including its independent directors, have,
what a reasonable person would consider, sufficient expertise in financial services to
fully understand and properly oversee the business activities of the designated rating
organization. If the designated rating organization issues a credit rating for a
securitized product, at least one independent member and one other member must
have, what a reasonable person would consider to be, in-depth knowledge and
experience at a senior level, regarding the securitized product.
2.23 The designated rating organization will not issue a credit rating if a member of
its board of directors, or the board of directors of a DRO affiliate that is a parent of
the designated rating organization, participated in any deliberation involving a
specific rating in which the member has a financial interest in the outcome of the
rating.
2.24 The designated rating organization will not compensate an independent member
of its board of directors, or the board of directors of a DRO affiliate that is a parent of
the designated rating organization, in a manner or in an amount that a reasonable
person could conclude that the compensation is linked to the business performance of
the designated rating organization or its affiliates. The organization will only
compensate directors in a manner that preserves the independence of the director.
2.25 The board of directors of a designated rating organization or a DRO affiliate that
is a parent of the designated rating organization must monitor the following:
(
a) the development of the credit rating policy and of the methodologies
used by the designated rating organization in its credit rating activities;
(
b) the effectiveness of any internal quality control system of the designated
rating organization in relation to credit rating activities;
(
c) the effectiveness of measures and procedures instituted to ensure that
any conflicts of interest are identified and either eliminated or managed
and disclosed, as appropriate;
(
d) the compliance and governance processes, including the performance of
the committee identified in
section 2.11.
2.26 The designated rating organization will design reasonable administrative and
accounting procedures, internal control mechanisms, procedures for risk assessment,
and control and safeguard arrangements for information processing systems. The
designated rating organization will implement and maintain decision-making
procedures and organizational structures that clearly, and in a documented manner,
specify reporting lines and allocate functions and responsibilities.
2.27 The designated rating organization will monitor and evaluate the adequacy and
effectiveness of its administrative and accounting procedures, internal control
mechanisms, procedures for risk assessment, and control and safeguard arrangements
for information processing systems, established in accordance with securities
legislation and the designated rating organization's code of conduct, and take any
measures necessary to address any deficiencies.
2.28 The designated rating organization will not outsource activities if doing so
impairs materially the effectiveness of the designated rating organization's internal
controls or the ability of the securities regulatory authority to conduct compliance
reviews of the designated rating organization's compliance with securities legislation
or its code of conduct. The designated rating organization will not outsource the
functions or duties of the designated rating organization's compliance officer.
3. INDEPENDENCE AND CONFLICTS OF INTEREST
A. General
3.1 The designated rating organization will not refrain from taking a rating action
based in whole or in part on the potential effect (economic or otherwise) of the action
on the designated rating organization, a rated entity, an investor, or other market
participant.
3.2 The designated rating organization and its employees will use care and
professional judgment to remain independent and maintain the appearance of
independence and objectivity.
3.3 The determination of a credit rating will be influenced only by factors relevant to
the credit assessment.
3.4 The designated rating organization will not allow its decision to assign a credit
rating to a rated entity or rated securities to be affected by the existence of, or
potential for, a business relationship between the designated rating organization or its
affiliates and any other person or company including, for greater certainty, the rated
entity, its affiliates or related entities.
3.5 The designated rating organization and its affiliates will keep separate,
operationally and legally, their credit rating business and their rating employees from
any ancillary services (including the provision of consultancy or advisory services)
that may present conflicts of interest with their credit rating activities and will ensure
that the provision of such services does not present conflicts of interest with their
credit rating activities. The designated rating organization will define and publicly
disclose what it considers, and does not consider, to be an ancillary service and
identify those that are ancillary services. The designated rating organization will
disclose in each ratings report any ancillary services provided to a rated entity, its
affiliates or related entities.
3.6 The designated rating organization will not rate a person or company that is an
affiliate or associate of the organization or a ratings employee. The designated rating
organization must not assign a credit rating to a person or company if a ratings
employee is an officer or director of the person or company, its affiliates or related
entities.
B. Procedures and Policies
3.7 The designated rating organization will identify and eliminate or manage and
publicly disclose any actual or potential conflicts of interest that may influence the
opinions and analyses of ratings employees.
3.8 The designated rating organization will disclose the actual or potential conflicts
of interest it identifies under
section 3.7 in a complete, timely, clear, concise, specific
and prominent manner.
3.9 The designated rating organization will disclose the general nature of its
compensation arrangements with rated entities.
(1) If the designated rating organization or an affiliate receives from a rated
entity, an affiliate or a related entity compensation unrelated to its
ratings service, such as compensation for ancillary services (as referred
to in
section 3.5), the designated rating organization will disclose the
percentage that non-rating fees represent out of the total amount of fees
received by the designated rating organization or its affiliate, as the case
may be, from the rated entity, the affiliate or the related entity.
(2) If the designated rating organization or its affiliates receives directly or
indirectly 10 percent or more of its annual revenue from a particular
rated entity or subscriber, including revenue received from an affiliate or
related entity of the rated entity or subscriber, the organization will
disclose that fact and identify the particular rated entity or subscriber.
3.10 A designated rating organization and its DRO employees and their associates
must not trade a security, derivative or exchange contract if the organization's
employee's or associate's interests in the trade conflict with their interests relating to
a credit rating.
3.11 If a designated rating organization is subject to the oversight of a rated entity, or
an affiliate or related entity of the rated entity, the designated rating organization will
use different DRO employees to conduct the rating actions in respect of that entity
than those involved in the oversight.
C. Employee Independence
3.12 Reporting lines for a ratings employee or DRO employees and their
compensation arrangements will be structured to eliminate or manage actual and
potential conflicts of interest.
(1) The designated rating organization will not compensate or evaluate a
ratings employee on the basis of the amount of revenue that the
designated rating organization or its affiliates derives from rated entities
that the ratings employee rates or with which the ratings employee
regularly interacts.
(2) The designated rating organization will conduct reviews of
compensation policies and practices for its DRO employees within
reasonable regular time periods to ensure that these policies and
practices do not compromise the objectivity of the designated rating
organization's rating process.
3.13 The designated rating organization will take reasonable steps to ensure that its
ratings employees, and any agent who has responsibility for developing or approving
procedures or methodologies used for determining credit ratings, do not initiate, or
participate in, discussions or negotiations regarding fees or payments with any rated
entity or its affiliates or related entities.
3.14 The designated rating organization will not permit a ratings employee to
participate in or otherwise influence the determination of a credit rating if the ratings
employee
(
a) owns directly or indirectly securities, derivatives or exchange contracts
of the rated entity, other than holdings through an investment fund;
(
b) owns directly or indirectly securities, derivatives or exchange contracts
of a rated entity or its related entities, the ownership of which causes or
may reasonably be perceived as causing a conflict of interest;
(
c) has had a recent employment, business or other relationship with the
rated entity, its affiliates or related entities that causes or may reasonably
be perceived as causing a conflict of interest; or
(
d) has an associate who currently works for the rated entity, its affiliates or
related entities.
3.15 The designated rating organization will not permit a ratings employee or an
associate of such ratings employee to buy or sell or engage in any transaction
involving a security, a derivative or an exchange contract based on a security issued,
guaranteed, or otherwise supported by any person or company within such ratings
employee's area of primary analytical responsibility, other than holdings through an
investment fund.
3.16 The designated rating organization will not permit a ratings employee or an
associate of such ratings employee to accept gifts, including entertainment, from
anyone with whom the designated rating organization does business, other than items
provided in the normal course of business if the aggregate value of all gifts received is
nominal.
3.17 If a DRO employee of a designated rating organization becomes involved in any
personal relationship that creates any actual or potential conflict of interest, the DRO
employee must disclose the relationship to the designated rating organization's
compliance officer. The designated rating organization will not issue a credit rating if
a DRO employee has an actual or potential conflict of interest with a rated entity. If
the credit rating has been issued, the designated rating organization will publicly
disclose in a timely manner that the credit rating may be affected.
3.18 The designated rating organization will review the past work of any ratings
employee that leaves the organization and joins a rated entity (or an affiliate or related
entity of the rated entity) if
(
a) the ratings employee has, within the last year, been involved in rating
the rated entity, or
(
b) the rated entity is a financial firm with which the ratings employee had,
within the last year, significant dealings as part of his or her duties at the
designated rating organization.
4. RESPONSIBILITIES TO THE INVESTING PUBLIC AND ISSUERS
A. Transparency and Timeliness of Ratings Disclosure
4.1 The designated rating organization will distribute in a timely manner its ratings
decisions regarding the entities and securities it rates.
4.2 The designated rating organization will publicly disclose its policies for
distributing ratings, ratings reports and updates.
4.3 Except for a rating it discloses only to the rated entity, a designated rating
organization will disclose to the public, on a non-selective basis and free of charge,
any ratings decision regarding rated entities that are reporting issuers or the securities
of such issuers, as well as any subsequent decisions to discontinue such a rating, if the
rating decision is based in whole or in part on material non-public information.
4.4 In each of its ratings reports, a designated rating organization will disclose the
following:
(
a) when the rating was first released and when it was last updated;
(
b) the principal methodology or methodology version that was used in
determining the rating and where a description of that methodology can be
found. If the rating is based on more than one methodology, or if a review of
only the principal methodology might cause investors to overlook other
important aspects of the rating, the designated rating organization must explain
this fact in the ratings report, and include a discussion of how the different
methodologies and other important aspects factored into the rating decision;
(
c) the meaning of each rating category and the definition of default or recovery,
and the time horizon the designated rating organization used when making a
rating decision;
(
d) any attributes and limitations of the credit rating. If the rating involves a type
of financial product presenting limited historical data (such as an innovative
financial vehicle), the designated rating organization will disclose, in a
prominent place, the limitations of the rating;
(
e) all material sources, including the rated entity, its affiliates and related entities,
that were used to prepare the credit rating and whether the credit rating has
been disclosed to the rated entity or its related entities and amended following
that disclosure before being issued.
4.5 In each of its ratings reports in respect of a securitized product, a designated
rating organization will disclose the following:
(
a) all information about loss and cash-flow analysis it has performed or is relying
upon and an indication of any expected change in the credit rating. The
designated rating organization will also disclose the degree to which it analyzes