Alberta Gazette, Part I — Saturday, March 31, 2012

Saturday, March 31, 2012

Alberta — Gazette

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

Document details

CollectionAlberta — Gazette
CitationSaturday, March 31, 2012
Typegazette
Volume / chapter06 Mar31 Part1
Languageen
Formathtml
SourcePROVINCIAL
Identifierca3513f40757a8923fc1746e41be7d6a4f8f9009

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