Alberta Gazette — 14 June (ii)
0614 ii
Alberta — Gazette
THE ALBERTA GAZETTE,
PART II, JUNE 14, 1997
Alberta Regulation 93/97
Public Sector Pension Plans Act
LOCAL AUTHORITIES PENSION PLAN AMENDMENT REGULATION
Filed: May 21, 1997
Made by the Lieutenant Governor in Council (O.C. 203/97) pursuant to
Schedule 1,
section 4 of the Public Sector Pension Plans Act.
1 The Local Authorities Pension Plan (AR 366/93) is amended by this
Regulation.
2 The following is added after
section 117.2:
Transitional - Alberta Distance Learning Centre
117.3(1) From the beginning of June 2, 1997 until the end of
December 1997, this Regulation is to be read as if the changes described in
subsections (2) to (6) constituted amendments to the provisions of this
Regulation referred to in those subsections.
(2) The following is to be treated as added before
section 2(1)(0a):
(00a) "ADLC" means the educational institution known as
the "Alberta Distance Learning Centre";
(3) The following is to be treated as added after
section 2(1)(bb):
(bb.1) "Pembina" means the Pembina Hills Regional
Division No. 7;
(4) Section 2(1)(
p) is to be treated as changed
(
a) by adding "or Pembina" after "or E.P.S.";
(
b) by adding "or a person employed by Pembina who is a
participant of the Public Service Pension Plan by virtue of
section
10(1)(c.4) or (c.5) of the Public Service Pension Plan" after "or (c.3) of
the Public Service Pension Plan".
(5) Section 10(1) is to be treated as changed by adding the
following after clause (c.2):
(c.4) employees who are employed by Pembina after June 2,
1997 and who at any time after becoming so employed work in ADLC if,
immediately prior to their becoming so employed, they had pensionable
service accumulated in the Plan, while they remain employed by Pembina;
(6) References in this
section to a provision of this Plan or of the
Public Service Pension Plan are to be treated as references to that
provision as treated as altered by sections 117.1 and 117.2 and by this
section and by sections 117.1, 117.2 and 117.3 of that Plan, as the case
may be.
(7) For the purposes of this section, a person who works for the
Government in ADLC immediately before June 2, 1997 and who continues to
work in ADLC after that time is deemed to become employed by Pembina at the
beginning of June 2, 1997, regardless of when the person actually becomes
employed by it.
(8) This
section is repealed as at the end of December 31, 1997.
------------------------------
Alberta Regulation 94/97
Public Sector Pension Plans Act
PUBLIC SERVICE PENSION PLAN AMENDMENT REGULATION
Filed: May 21, 1997
Made by the Lieutenant Governor in Council (O.C. 204/97) pursuant to
Schedule 2,
section 4 of the Public Sector Pension Plans Act.
1 The Public Service Pension Plan (AR 368/93) is amended by this
Regulation.
2 The following is added after
section 117.2:
Transitional - Alberta Distance Learning Centre
117.3(1) From the beginning of June 2, 1997 until the end of
December 1997, this Regulation is to be read as if the changes described in
subsections (2) to (6) constituted amendments to the provisions of this
Regulation referred to in those subsections.
(2) The following is to be treated as added before
section 2(1)(0a):
(00a) "ADLC" means the educational institution known as
the "Alberta Distance Learning Centre";
(3) The following is to be treated as added after
section 2(1)(bb):
(bb.1) "Pembina" means the Pembina Hills Regional
Division No. 7;
(4) Section 2(1)(
p) is to be treated as changed
(
a) by adding "or Pembina" after "or E.P.S.";
(
b) by adding "or a person employed by Pembina who is a
participant of the Local Authorities Pension Plan by virtue of
section
10(1)(c.4) of the Local Authorities Pension Plan" after "10(1)(c.2) of the
Local Authorities Pension Plan".
(5) Section 10(1) is to be treated as changed by adding the
following after clause (c.3):
(c.4) employees who
(
i) are employed by Pembina after June 2,
1997,
(ii) at any time after becoming so employed,
worked in ADLC,
(iii) work in ADLC in circumstances where,
had they been employed by the Government to work in ADLC before June 2,
1997, they would have been participants of this Plan, and
(iv) do not fall within
section 10(1)(c.4)
of the Local Authorities Pension Plan,
while they remain employed by Pembina;
(c.5) employees of Pembina who were participants of the
Plan employed by the Government to work in ADLC immediately prior to their
becoming employees of Pembina on or following the transfer of ADLC from
Alberta Education to Pembina, while they remain employed by Pembina;
(6) References in this
section to a provision of this Plan or of the
Local Authorities Pension Plan are to be treated as references to that
provision as treated as altered by sections 117.1 and 117.2 and by this
section and by sections 117.1, 117.2 and 117.3 of that Plan, as the case
may be.
(7) For the purposes of this section, a person who works for the
Government in ADLC immediately before June 2, 1997 and who continues to
work in ADLC after that time is deemed to become employed by Pembina at the
beginning of June 2, 1997, regardless of when the person actually becomes
employed by it.
(8) This
section is repealed as at the end of December 31, 1997.
Alberta Regulation 95/97
Public Sector Pension Plans Act
MANAGEMENT EMPLOYEES PENSION PLAN
AMENDMENT REGULATION
Filed: May 21, 1997
Made by the Lieutenant Governor in Council (O.C. 205/97) pursuant to
Schedule 5,
section 4 of the Public Sector Pension Plans Act.
1 The Management Employees Pension Plan (AR 367/93) is amended by this
Regulation.
2 The following is added after
section 117.2:
Transitional - Alberta Distance Learning Centre
117.3(1) From the beginning of June 2, 1997 until the end of
December 1997, this Regulation is to be read as if the changes described in
subsections (2) to (6) constituted amendments to the provisions of this
Regulation referred to in those subsections.
(2) The following is to be treated as added before
section 2(1)(0a):
(00a) "ADLC" means the educational institution known as
the "Alberta Distance Learning Centre";
(3) The following is to be treated as added after
section 2(1)(bb):
(bb.1) "Pembina" means the Pembina Hills Regional
Division No. 7;
(5) Section 10 is to be treated as changed by adding the following
after clause (c.3):
(c.4) employees who
(
i) are employed by Pembina after June 2,
1997,
(ii) at any time after becoming so employed,
worked in ADLC, and
(iii) work in ADLC in circumstances where,
had they been employed by the Government to work in ADLC before June 2,
1997, they would have been participants of this Plan,
while they remain employed by Pembina;
(c.5) employees of Pembina who were participants of the
Plan employed by the Government to work in ADLC immediately prior to their
becoming employees of Pembina on or following the transfer of ADLC from
Alberta Education to Pembina, while they remain employed by Pembina;
(6) References in this
section to a provision of this Plan are to be
treated as references to that provision as treated as altered by
section
117.2 and by this section.
(7) For the purposes of this section, a person who works for the
Government in ADLC immediately before June 2, 1997 and who continues to
work in ADLC after that time is deemed to become employed by Pembina at the
beginning of June 2, 1997, regardless of when the person actually becomes
employed by it.
(8) This
section is repealed as at the end of December 31, 1997.
------------------------------
Alberta Regulation 96/97
Teachers' Pension Plans Act
TEACHERS' AND PRIVATE SCHOOL TEACHERS' PENSION
PLANS AMENDMENT REGULATION
Filed: May 21, 1997
Approved by the Lieutenant Governor in Council (O.C. 218/97) pursuant to
section 14 of the Teachers' Pension Plans Act and
section 12 of the
Teachers' Pension Plans (Legislative Provisions) Regulation (AR 204/95).
1 The Teachers' and Private School Teachers' Pension Plans (AR 203/95)
are amended by this Regulation.
Schedule 1 is amended by adding the following after
section 73:
Transitional - Alberta Distance Learning Centre
74(1) From the beginning of June 2, 1997 until the end of December
1997, this Schedule, as treated as changed by
section 73, is to be read as
if the changes described in subsections (2) to (5) constituted amendments
to the provisions of this
Schedule (as treated as so amended) referred to
in those subsections.
(2) The following is to be treated as added before
section 1(1)(0a):
(00a) "ADLC" means the educational institution known as
the "Alberta Distance Learning Centre";
(3) Section 1(1)(p)(
i) is to be treated as changed by striking out
"subsection (2.1)" wherever it occurs and substituting "subsections (2.1)
and (2.2)".
(4) The following is to be treated as added after
section 1(1)(ff):
(ff.1) "Pembina" means the Pembina Hills Regional
Division No. 7;
(5) Section 1 is to be treated as changed by adding the following
after subsection (2.1):
(2.2) Notwithstanding paragraphs (
A) and (
B) of
subsection (1)(p)(i), those paragraphs are to be taken to exclude any
persons employed by Pembina who work in ADLC, while they remain employed by
Pembina, unless they are persons who are employed after June 2, 1997 and
who, immediately prior to their commencing to work at ADLC, had pensionable
service accumulated in the Plan.
(6) For the purposes of this section, a person who was working for
the Government in ADLC immediately before June 2, 1997 and who continued to
work in ADLC after that time is deemed to have become employed by Pembina
at the beginning of June 2, 1997, regardless of when the person actually
became employed by it.
(7) This
section is repealed as at the end of December 31, 1997.
Schedule 2 is amended by adding the following after
section 73:
Section 74 of the Related Plan has no application with respect
to the Plan.
Alberta Regulation 97/97
Mines and Minerals Act
PRESCRIBED AMOUNTS (NATURAL GAS ROYALTY)
AMENDMENT REGULATION
Filed: May 21, 1997
Made by the Branch Head, Gas Royalty and Mineral Tax (M.O. 11/97) pursuant
section 6 of the Natural Gas Royalty Regulation, 1994 (AR 351/93).
1 The Prescribed Amounts (Natural Gas Royalty) Regulation (AR 36/95) is
amended by this Regulation.
Section 4 is amended by adding the following after subsection (27):
(28) The following prices are prescribed for the March 1997
production month:
Item Price
Gas Reference Price $1.39 per gigajoule
Gas Par Price $2.28 per gigajoule
Pentanes Reference Price $181.70 per cubic metre
Pentanes Par Price $181.72 per cubic metre
Propane Reference Price $118.55 per cubic metre
Butanes Reference Price $120.55 per cubic metre
Section 5 is amended by adding the following after subsection (27):
(28) The following allowances per cubic metre are prescribed for
the March 1997 production month:
Item Price
Fractionation Allowance $7.00
Transportation Allowance Region Region Region Region
1 2 3 4
(
a) pentanes plus described in s6(7)(b)(
i) of the Natural Gas
Royalty Regulation, 1994 (AR 351/93)
$3.82 $5.75 $9.83 $6.47
(
b) propane and butanes described in s6(7)(b)(ii) of the Natural
Gas Royalty Regulation, 1994 (AR 351/93)
$6.69 $6.08 $6.38 $9.41
(
c) pentanes plus, propane and butanes described in s6(7)(b)(iii)
of the Natural Gas Royalty Regulation, 1994 (AR 351/93)
$6.55 $8.02 $13.66 $11.93
Storage Allowance for pentanes plus, propane and butanes
$ 0.00
------------------------------
Alberta Regulation 98/97
Marketing of Agricultural Products Act
TURKEY MARKETING AMENDMENT REGULATION
Filed: May 23, 1997
Made by the Alberta Turkey Growers Marketing Board pursuant to sections 26
and 27 of the Marketing of Agricultural Products Act.
1 The Turkey Marketing Regulation (AR 397/88) is amended by this
Regulation.
Section 11 is amended
(
a) in subsection (1) by striking out "$.02" and substituting
"$.025";
(
b) in subsection (2) by striking out "$.02" and substituting
"$.025".
Alberta Regulation 99/97
Municipal Government Act
AIRPORT VICINITY PROTECTION AREA REPEAL REGULATION
Filed: May 28, 1997
Made by the Lieutenant Governor in Council (O.C. 228/97) pursuant to
section 702 of the Municipal Government Act.
1 The following Regulations are repealed:
(
a) Barrhead (Johnson) Airport Vicinity Protection Area Regulation
(AR 239/88);
(
b) Camrose Airport Vicinity Protection Area Regulation (AR
277/92);
(
c) Donnelly Airport Vicinity Protection Area Regulation (AR
74/93);
(
d) Eaglesham Airport Vicinity Protection Area Regulation (AR
110/88);
(
e) Edson Airport Vicinity Protection Area Regulation (AR 75/91);
(
f) Fairview Airport Vicinity Protection Area Regulation (AR
72/93);
(
g) Ft. Vermilion Airport Vicinity Protection Area Regulation (AR
405/87);
(
h) High Level Airport Vicinity Protection Area Regulation (AR
406/87);
(
i) High Prairie Airport Vicinity Protection Area Regulation (AR
378/82);
(
j) La Crete Airport Vicinity Protection Area Regulation (AR
407/87);
(
k) Lac La Biche Airport Vicinity Protection Area Regulation (AR
39/91);
(
l) Lethbridge Airport Vicinity Protection Area Regulation (AR
14/87);
(
m) Provost Airport Vicinity Protection Area Regulation (AR
278/92);
(
n) Rainbow Lake Airport Vicinity Protection Area Regulation (AR
308/85);
(
o) Swan Hills Airport Vicinity Protection Area Regulation (AR
112/88);
(
p) Vegreville Airport Vicinity Protection Area Regulation (AR
199/89);
(
q) Whitecourt Airport Vicinity Protection Area Regulation (AR
352/87).
2 This Regulation comes into force on December 31, 1997.
------------------------------
Alberta Regulation 100/97
Government Organization Act
DESIGNATION AND TRANSFER OF RESPONSIBILITY
AMENDMENT REGULATION
Filed: May 28, 1997
Made by the Lieutenant Governor in Council (O.C. 229/97) pursuant to
section 16 of the Government Organization Act.
1 The Designation and Transfer of Responsibility Regulation (AR 398/94)
is amended by this Regulation.
Section 17 is renumbered as
section 17(1) and the following is added
after subsection (1).
(2) The Minister Without Portfolio Responsible for Children's
Services is designated as the Minister responsible for sections 2, 3, 5, 18
and 21 of the Child and Family Services Authorities Act.
(3) The Minister of Family and Social Services is designated as the
Minister responsible for the Child and Family Services Authorities Act
except for sections 2, 3, 5, 18 and 21.
Alberta Regulation 101/97
Environmental Protection and Enhancement Act
BEVERAGE CONTAINER RECYCLING REGULATION
Filed: May 28, 1997
Made by the Lieutenant Governor in Council (O.C. 231/97) pursuant to
section 168 of the Environmental Protection and Enhancement Act.
Table of Contents
Interpretation 1
Designation of containers 2
Exemptions 3
Board established 4
Business plan and reports 5
Prohibitions re sale, distribution 6
Registration of containers 7
Recovery of non-refillable containers 8
Recovery of refillable containers 9
Refunds by depot operators and retailers 10
No refund payable 11
Collection of containers 12
Reimbursement of depot operators and retailers 13
Permit for depot 14
Advertising of deposit 15
Re-use and recycling 16
Information to Board 17
By-laws 18
Offence 19
Due diligence 20
Repeals
Repeal 21
Expiry
Expiry 22
Coming into Force
Coming into force 23
Interpretation
1(1) In this Regulation,
(a) "Act" means the Environmental Protection and Enhancement Act;
(b) "beverage" means any liquid that is a ready-to-serve drink and
is not exempt from this Regulation;
(c) "Board" means the Beverage Container Management Board;
(d) "by-laws" means by-laws made under
section 18;
(e) "collection system agent" means the agent appointed under
section 8;
(f) "common collection system" means a container collection system
that does not distinguish containers of similar size and material from each
other based on the manufacturer of the container;
(g) "container" means a bottle, can, plastic cup or paperboard
carton or a package made of metal, plastic, paper, glass or other material,
or a combination of them, that contains or has contained a beverage;
(h) "depot" means a place operated as a business for the collection
of empty containers;
(i) "depot operator" means the owner or operator of a depot and
includes a person acting or purporting to act on behalf of the owner or
operator, but does not include a retailer;
(j) "liquor" has the same meaning as in the Gaming and Liquor Act;
(k) "manufacturer" means a person who manufactures a beverage and
includes
(
i) a person who carries on the business of filling
containers with a beverage, and
(ii) a person who imports a beverage in a container into
Alberta for the purpose of distribution or sale in Alberta;
(l) "refillable container" means a container that is capable of
being reused by a manufacturer without being remanufactured;
(m) "retailer" means a person who sells beverages in containers to
consumers.
(2) For the purpose of this Regulation, the Alberta Gaming and Liquor
Commission, or an agent acceptable to the Board, is deemed to be the
manufacturer of liquor, except in respect of beer that is exempt from this
Regulation.
Designation of containers
2 A container is designated as a designated material for the purposes of
the Act and this Regulation.
Exemptions
3(1) Beer and beer containers that are manufactured in or imported into
Alberta by Alberta beer manufacturers and that are returnable to Alberta
beer manufacturers or their agents are exempt from this Regulation.
(2) Milk and milk containers are exempt from this Regulation.
(3) Plastic and paper cups that are not sealed by a manufacturer are
exempt from this Regulation.
Board established
4 The Beverage Container Management Board, being an incorporated body
under the laws of Alberta, is hereby established as a management board
within the meaning of
section 168(ff) of the Act for the purpose of
exercising the powers and carrying out the duties conferred or imposed on
it pursuant to the Act, this Regulation and the by-laws in respect of
regulated containers.
Business plan and reports
5(1) The Board shall
(
a) not less than 30 days before the start of each fiscal year
provide to the Minister a business plan for the Board that indicates its
goals for the coming fiscal year, and
(
b) not more than 6 months after the end of each fiscal year
provide to the Minister an annual report summarizing the activities of the
Board and containing the audited financial statements of the Board for the
fiscal year.
(2) The remuneration and benefits that are paid to
(
a) all members of the board of directors of the Board, and
(
b) all management personnel who report directly to one or more of
the members of the board of directors
during the fiscal year must be reported in the financial statements or as a
note or
schedule to the financial statements.
(3) The remuneration and benefits must be reported
(
a) on an individual basis by name in the case of the persons
referred to in subsection (2)(a), and
(
b) on an aggregate basis in the case of the persons referred to in
subsection (2)(b).
(4) The Minister is authorized to disclose personal information reported
under this section, and this subsection constitutes an authorization for
the purposes of
section 38(1)(
e) of the Freedom of Information and
Protection of Privacy Act.
Prohibitions re sale, distribution
6(1) No person shall sell or distribute or offer to sell or distribute or
permit to be sold or distributed in Alberta any beverage in a container
(
a) that when empty cannot reasonably be identified as having
contained the beverage manufactured by the manufacturer of that beverage,
(
b) on which is written, stamped or in any way inscribed or to
which is attached any label, cap or any other thing indicating
(
i) that the container is not returnable, or
(ii) that no refund is payable with respect to the
container.
(2) No manufacturer shall sell or distribute or offer to sell or
distribute or permit to be sold or distributed in Alberta any beverage in a
container unless the manufacturer has received written notice from the
Board that the container is registered.
(3) No retailer shall sell or offer to sell any beverage in a container
unless the container is registered.
Registration of containers
7 A manufacturer shall register a container with the Board in accordance
with the by-laws.
Recovery of non-refillable containers
8(1) Manufacturers of beverages in non-refillable containers for sale or
distribution in Alberta shall use and maintain a common collection system
for the recovery and recycling of empty non-refillable registered
containers from depots.
(2) The manufacturers shall appoint a collection system agent satisfactory
to the Board to act on behalf of the manufacturers with respect to the
operation of the common collection system.
(3) No manufacturer shall sell or distribute, offer to sell or distribute
or permit to be sold or distributed in Alberta any beverage in a
non-refillable container unless the manufacturer uses the common collection
system.
Recovery of refillable containers
9 A manufacturer of a beverage in a refillable container for sale or
distribution in Alberta shall
(
a) provide a collection service capable of recovering the
manufacturer's empty refillable registered containers from all depots and
retailers accepting such containers, or
(
b) use the common collection system referred to in
section 8 for
the recovery of those containers.
Refunds by depot operators and retailers
10(1) When a person presents to a depot operator an empty registered
container that is reasonably identifiable as having contained a beverage,
the depot operator shall
(
a) accept the container, and
(
b) pay to the person a cash refund of not less than
(i) 5› for each container with a capacity of one litre
or less, and
(ii) 20› for each container with a capacity greater than
one litre.
(2) When a person presents to a retailer at the retailer's premises an
empty refillable registered container that
(
a) is the same size or type of container as containers that are
sold by the retailer,
(
b) is not exempt from this Regulation, and
(
c) is reasonably identifiable as having contained a beverage of
the same brand as sold by the retailer,
the retailer may accept the container and, on accepting the container,
shall pay to the person a cash refund of not less than the amount set out
in subsection (1)(
b) for the container.
(3) Notwithstanding subsections (1) and (2), the refund on a container is
an amount equal to the manufacturer's deposit on the container if that
deposit is greater than the applicable amount set out in subsection (1)(b).
(4) A retailer is exempt from paying a refund under this
section for a
container where
(
a) the beverage in the container is sold by the retailer for
consumption on the retail premises, including any store, restaurant,
cafeteria, hall or other place,
(
b) no deposit is charged by the retailer for the container, and
(
c) the beverage is consumed on the premises.
(5) A retailer is not required to accept under this
section more than 24
refillable containers per person per day.
No refund payable
11(1) No depot operator or retailer shall accept a container or provide a
cash refund for a container that can reasonably be identified by the depot
operator or retailer as having been transported into Alberta.
(2) No person shall return to a depot or retailer for a refund a container
that the person knows or ought reasonably to know has been transported into
Alberta.
(3) Subsections (1) and (2) do not apply to a container that has been
transported into Alberta by a manufacturer for the purposes of selling a
beverage in the container in Alberta.
(4) A retailer shall not accept or pay a cash refund for an empty
non-refillable container.
Collection of containers
12(1) The collection system agent shall, in accordance with the by-laws,
collect non-refillable registered containers from depots.
(2) A manufacturer shall, in accordance with the by-laws, collect or cause
to be collected from a depot or retailer refillable registered containers
that contained a beverage manufactured by that manufacturer.
Reimburse-ment of depot operators and retailers
13 A manufacturer or the collection system agent, as the case may be, on
collecting containers from a depot or retailer pursuant to
section 12,
shall, in accordance with the by-laws,
(
a) reimburse the depot operator or retailer for each container
collected from the depot operator or retailer in the applicable amount set
out in
section 10(1)(
b) for the container, and
(
b) pay a depot operator, in addition to the amount referred to in
clause (a), a handling commission in an amount specified in the by-laws for
containers collected from the depot operator and in respect of which
refunds were paid by the depot operator.
Permit for depot
14(1) No person shall operate a depot unless that person holds a permit
for that purpose issued by the Board in accordance with the by-laws and the
permit is not under suspension.
the permit is subject.
Advertising of deposit
15 A retailer shall, in a manner that is acceptable to the Board, clearly
advertise, in an open and conspicuous place in the retail premises and
separate from the price of the container with contents, the amount of the
deposit for each type of container sold by the retailer.
Re-use and recycling
16(1) A manufacturer of a beverage in a refillable container shall
(
a) re-use the container as a refillable container if the
manufacturer considers the container to be suitable for re-use as a
container, or
(
b) cause the container to be recycled by a method approved by the
Board, if the manufacturer considers the container is not suitable for
re-use as a container.
(2) The collection system agent shall cause non-refillable containers to
be recycled by a method approved by the Board.
Information to Board
17(1) A depot operator, the collection system agent and a manufacturer
shall, in accordance with the by-laws, provide or cause to provide to the
Board information pertaining to the recovery of containers.
(2) Where the Board acquires information referred to in subsection (1) and
the information relates to a trade secret, process or technique that the
person providing the information keeps confidential, the Board shall take
all reasonable steps to ensure that the information is not used or released
in a form or manner that is likely to undermine the confidentiality of the
information.
(3) The collection system agent shall conduct the operations of the common
collection system in a manner that protects the confidentiality of
proprietary information of individual manufacturers.
By-laws
18(1) The Board shall make by-laws
(
a) prescribing the manner and frequency of container collections
from depots and retailers by the collection system agent and manufacturers;
(
b) prescribing the manner and frequency of payments to depot
operators and retailers by the collection system agent and manufacturers;
(
c) prescribing the handling commissions for the purposes of
section 13(b);
(
d) establishing the criteria and procedures for changing the
handling commissions referred to in
section 13(b);
(
e) respecting the registration of containers, including, without
limitation, the form and manner in which containers are registered and the
fee, if any, that is payable on registration;
(
f) respecting all aspects related to permits for the operation of
depots including, without limitation,
(
i) the form and manner of application for a permit or
a renewal of a permit,
(ii) the fee, if any, that is payable with an
application,
(iv) the transfer, amendment and renewal of permits, and
(
v) the suspension and cancellation of permits;
(
g) respecting the operation and administration of depots;
(
h) respecting the keeping of records in respect of transactions in
beverage containers.
(2) The Board may make by-laws
(
a) respecting the criteria for establishing the number of depots
in all or any part of Alberta for the purpose of maintaining a viable
container recovery system;
(
b) respecting any other matter related to the administration of
the Act and this Regulation by the Board.
(3) The Board shall not make, amend or repeal a by-law under subsection
(1) or (2)(
a) except by a resolution passed by at least of the members
present and voting on the resolution.
Offence
19 Any person who contravenes
section 6, 7, 8, 9, 10, 11, 12, 13, 14, 15,
16 or 17(1) or
section 8, 9(1) or (5), 10 or 11 of the Beverage Container
Management Board Administrative By-law is guilty of an offence and liable,
(
a) in the case of an individual, to a fine of not more than $50
000, or
(
b) in the case of a corporation, to a fine of not more than $500
Due diligence
20 No person shall be convicted of an offence referred to in
section 19
if that person establishes on a balance of probabilities that he took all
reasonable steps to prevent its commission.
Repeals
Repeal
21 The Beverage Container Recycling Regulation (AR 128/93) is repealed.
Expiry
Expiry
22 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be re-passed
in its present or an amended form following a review, this Regulation
expires on October 31, 2001.
Coming into Force
Coming into force
23 This Regulation comes into force on September 1, 1997.
------------------------------
Alberta Regulation 102/97
Family and Community Support Services Act
CONDITIONAL AGREEMENT AMENDMENT REGULATION
Filed: May 28, 1997
Made by the Lieutenant Governor in Council (O.C. 236/97) pursuant to
section 7 of the Family and Community Support Services Act.
1 The Conditional Agreement Regulation (AR 218/94) is amended by this
Regulation.
2 Sections 1 and 2 are repealed and the following is substituted:
Definitions
1 In this Regulation,
(a) "Act" means the Family and Community Support
Services Act;
(b) "program" means an arrangement for the delivery of
family and community support services in accordance with an agreement
entered into pursuant to
section 3(1) of the Act.
Obligation of municipality
2 In providing for the establishment, administration and operation
of a program, a municipality must
(
a) promote, encourage and facilitate the involvement
of volunteers,
(
b) promote efficient and effective use of resources,
(
c) encourage and facilitate co-operation and
co-ordination with allied service agencies operating within the
municipality,
(
d) promote, encourage and facilitate the development
of stronger communities, and
(
e) promote citizen participation in planning, delivery
and the governance of the program and of services provided under the
program.
Service requirements
2.1(1) Services provided under a program must
(
a) be of a preventive nature that enhances the social
well-being of individuals and families through promotion or intervention
strategies provided at the earliest opportunity, and
(
b) do one or more of the following:
(
i) help people to develop independence,
strengthen coping skills and become more resistant to crisis;
(ii) help people to develop an awareness of
social needs;
(iii) help people to develop interpersonal
and group skills which enhance constructive relationships among people;
(iv) help people and communities to assume
responsibility for decisions and actions which affect them;
(
v) provide supports that help sustain
people as active participants in the community.
(2) Services provided under a program must not
(
a) provide primarily for the recreational needs or
leisure time pursuits of individuals,
(
b) offer direct financial assistance to sustain an
individual or family,
(
c) be primarily rehabilitative in nature, or
(
d) duplicate services that are ordinarily provided by
a government or government agency.
Section 5 is amended
(
a) by adding the following after clause (b):
(b.1) allocate from the operating budget of the
municipality the 20% matching share referred to in clause (b),
(
b) by repealing clause (d).
Section 6 is repealed and the following is substituted:
Payment of $100 000 or less
6 The audited financial statement required under
section 6 of the
Act from a municipality that receives a payment under
section 3 of the Act
in the amount of $100 000 or less
(
a) must set out the revenues and expenditures shown in
the Schedule, and
(
b) must contain the municipality's certification
(
i) that the services provided under the
program meet the conditions set out in
section 2.1 of this Regulation,
(ii) that the expenditures set out in the
financial report include only costs that are eligible under
section 3 of
this Regulation and do not include expenditures listed in
section 4 of this
Regulation,
(iii) that the funds provided for services
under the program were expended for those services, except for the amount
reported as surplus,
(iv) that the municipality's contribution is
not less than 20% of the total budget as provided for in
section 5(
b) of
this Regulation,
(
v) that the 20% matching share has been
allocated in accordance with
section 5(b.1) of this Regulation, and
(vi) that any funds collected through fees
charged to clients for services provided under the program have not been
included as part of the municipality's contribution as provided for in
section 5(
c) of this Regulation.
Payment of more than $100 000 and less than $500 000
6.1 The audited financial statement required under
section 6 of the
Act from a municipality that receives a payment under
section 3 of the Act
in the amount of more than $100 000 but less than $500 000 must contain
(
a) the information referred to in
section 6(
a) and
(b), and
(
b) a review engagement report relating to the revenues
and expenditures shown in the Schedule, prepared in accordance with the
standards of the Canadian Institute of Chartered Accountants for review
engagement reports.
Payment of $500 000 or more
6.2 The audited financial statement required under
section 6 of the
Act from a municipality that receives a payment under
section 3 of the Act
in the amount of $500 000 or more must contain
(
a) the information referred to in
section 6(
a) and
(b), and
(
b) an auditor's report relating to the revenues and
expenditures shown in the Schedule, prepared in accordance with the
standards of the Canadian Institute of Chartered Accountants for auditors'
reports.
Auditor
6.3(1) The financial statements referred to in sections 6.1 and 6.2
may be prepared by an employee of the municipality but must be reviewed or
audited, as the case may be, by an auditor who is not an employee of the
municipality.
(2) The auditor referred to in subsection (1) may be the same person
who audits the general financial statements of the municipality.
(3) Notwithstanding subsection (1), financial statements referred to
in sections 6.1 and 6.2 may be reviewed or audited, as the case may be, by
an employee of the municipality if the employee satisfies the conditions
set by the Minister.
Section 11 is amended
(
a) in clause (
a) by striking out "section 1" and substituting
"section 2 or 2.1";
(
b) in clause (b)(ii) by striking out "section 6" and substituting
"section 6, 6.1 or 6.2, as the case may be".
6 The following is added after
section 12:
Expiry
Expiry
13 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be re-passed
in its present or an amended form following a review, this Regulation
expires on March 31, 2002.
7 The
Schedule is repealed and the following
Schedule is substituted:
SCHEDULE
Revenues and Expenditures
Revenues
Funding provided under the Act
Municipal contribution
Other revenues
Total Revenues
Expenditures
Services provided by the municipality under the program including
administration
Funds provided to service providers who are external
to the municipality
Less surpluses retained/returned by service providers
who are external to the municipality
Net total funding to service providers who are external to the
municipality
Total Expenditures
Surplus (Deficit)
8(1) This Regulation, except
section 3(
a) and
section 4 as it relates to
the proposed
section 6(b)(v), comes into force on April 1, 1997.
(2) Section 3(
a) and
section 4 as it relates to the proposed
section
6(b)(v), come into force on January 1, 1998.
------------------------------
Alberta Regulation 103/97
Health Disciplines Act
LICENSED PRACTICAL NURSES REGULATION
Filed: May 28, 1997
Approved by the Lieutenant Governor in Council (O.C. 239/97) pursuant to
section 27 of the Health Disciplines Act.
Table of Contents
Definitions 1
Eligibility for registration 2
Temporary registration 3
Renewal 4
Education programs and examinations 5
Register 6
Practical nurse services 7
Standards of conduct 8
Right to title 9
Professional Council 10
Registration Committee 11
Conduct and Competency Committee 12
Annual report 13
Repeal 14
Expiry 15
Definitions
1 In this Regulation,
(a) "Act" means the Health Disciplines Act;
(b) "advanced training" means training beyond the basic program
that is approved by the Board;
(c) "Board" means the Health Disciplines Board;
(d) "Conduct and Competency Committee" means the conduct and
competency committee described in
section 7.6 of the Act and established
under
section 12 of this Regulation;
(e) "Council" means the Professional Council of Licensed Practical
Nurses designated under
section 4.2(
b) of the Act;
(f) "employer" means an individual, agency or facility, as defined
in the policies of the Council, that engages the services of a Licensed
Practical Nurse as a paid or unpaid employee;
(g) "Licensed Practical Nurse" means a person who is registered
under this Regulation;
(h) "Registrar" means the registrar appointed under
section 7.4(1)
of the Act for the licensed practical nurse health discipline;
(i) "Registration Committee" means the registration committee
described in
section 7.5 of the Act and established under
section 11 of
this Regulation.
Eligibility for registration
2(1) For the purpose of
section 9.1(
a) of the Act, a person is eligible to
be registered as a Licensed Practical Nurse if that person has
(
a) satisfactorily completed a program of studies approved by the
Board,
(
b) satisfactorily completed an examination approved by the Board,
(
c) provided evidence satisfactory to the Registrar of
practice as a Licensed Practical Nurse in Alberta,
(
d) within the 4 years preceding the date of the application,
(
i) met the requirements of clause (a),
(ii) satisfactorily completed a refresher program
approved by the Board, or
(iii) maintained competency by actively engaging in the
practice of practical nursing, in accordance with the criteria established
by the Registration Committee,
(
e) completed and submitted to the Registrar the forms prescribed
by the Minister, and
(
f) paid the prescribed fee.
(2) Notwithstanding subsection (1)(a), (b), (
c) and (d), a person is
eligible to be registered as a Licensed Practical Nurse under
section 10 of
the Act if
(
a) the Registration Committee is satisfied that the person has
attained a level of competence equivalent to that required under subsection
(1)(a), (b), (
c) and (
d) because of directly related education,
examinations and practice, or
(
b) the person successfully completes any education or examinations
or consents to any terms, conditions or limitations on registration or
practice, required by the Registration Committee under
section 10(5)(
b) of
the Act.
Temporary registration
3(1) Notwithstanding
section 2, for the purposes of
section 9.1(
a) of the
Act, a person is eligible to be registered as a Licensed Practical Nurse on
a temporary basis if the Registration Committee is satisfied that temporary
registration is appropriate.
(2) A person who is registered under subsection (1) may engage in the
practice of practical nursing subject to any terms, conditions or
limitations imposed by the Registration Committee.
(3) Temporary registration issued under subsection (1) may be issued for a
term of not more than one year and is not renewable.
(4) A person who is registered under subsection (1) has, subject to
subsection (2), the rights and responsibilities of a person registered
under
section 2.
(5) A person who is registered under subsection (1) may write the
examination referred to in
section 2(1)(
b) not more than 3 times.
(6) A person who is registered under subsection (1), who does not pass the
examination at the first attempt and who wishes to rewrite the examination
shall write the examination on the next occasion that it is scheduled.
(7) The Registrar may excuse a person who is registered under subsection
(1) from writing the examination on the next occasion that it is scheduled
if the person presents evidence satisfactory to the Registrar of an
inability to write the examination on that occasion.
(8) A person who is registered under subsection (1) and who has not
successfully passed the practical nurse examination on the 3rd attempt
must, as directed by the Registration Committee, complete all or a portion
of the program referred to in
section 2(1)(
a) in order to be eligible to
write the examination again.
Renewal
4(1) For the purposes of
section 10.1(3)(
a) and (
b) of the Act, a Licensed
Practical Nurse is eligible for an annual renewal of registration if the
Licensed Practical Nurse has
(
a) completed an application in the form prescribed by the Minister
and filed it with the Registrar,
(
b) paid the prescribed fee, and
(
c) within the 4 years preceding the date of submission of the
application for registration renewal,
(
i) met the requirements of
section 2(1)(a),
(ii) satisfactorily completed a refresher program
approved by the Board, or
(iii) maintained competency by actively engaging in the
practice of practical nursing in accordance with criteria established by
the Registration Committee.
(2) For the purposes of
section 10.1 of the Act, the date for submission
of an application for renewal of registration is December 31.
(3) Notwithstanding subsection (1), a Licensed Practical Nurse is eligible
for annual renewal of registration under
section 10.1 of the Act if
(
a) the Registration Committee is satisfied that the Licensed
Practical Nurse has maintained a level of competence equivalent to that
required under subsection (1)(c)(i), (ii) or (iii) because of directly
related education or practice, or
(
b) the Licensed Practical Nurse successfully completes any
education and examinations, or consents to any terms, conditions or
limitations on registration or practice, required by the Registration
Committee under
section 10.1(7) of the Act.
Education programs and examinations
5 For the purposes of
section 10(5)(
a) and 10.1(7) of the Act, the
education programs and examinations that the Registration Committee may
require are the following:
(
a) a refresher program approved by the Board;
(
b) the examination referred to in
section 2(1)(b);
(
c) all or part of a program of studies referred to in
section
2(1)(
a) as prescribed by the Registration Committee or any other education
the Registration Committee considers appropriate.
Register
6(1) The Registrar shall enter in the register
(
a) the names, places of employment, practice status and
registration numbers of each Licensed Practical Nurse,
(
b) any terms, conditions or limitations imposed on a Licensed
Practical Nurse's practice by the Registration Committee under this
Regulation or by the Conduct and Competency Committee under
Part 4 of the
Act, and
(
c) any training approved by the Board and satisfactorily completed
by each Licensed Practical Nurse.
(2) A Licensed Practical Nurse shall forthwith inform the Registrar in
writing of any changes in name, home address, place of employment or
employment status.
Practical nurse services
7(1) A Licensed Practical Nurse, on being delegated under subsection
(4) and within the guidelines approved by the Board, may provide the following
services:
(
a) collect health data from appropriate sources using established
assessment format to contribute to the identification of a client's health
care needs;
(
b) organize the data in order to plan and implement appropriate
care;
(
c) participate in the plan of care by carrying out nursing
treatments and interventions;
(
d) prepare clients for tests, surgery and other procedures;
(
e) evaluate the effect of interventions;
(
f) confer with appropriate regulated health professionals;
(
g) document and communicate data for clients to provide continuity
of care;
(
h) implement an individualized teaching plan in order to promote,
maintain and restore health.
(2) A Licensed Practical Nurse, on being delegated under subsection
(4) and within guidelines approved by the Board, may provide the following
services:
(
a) prepare and administer percutaneous medications;
(
b) prepare and administer oral and subcutaneous medications if the
Licensed Practical Nurse has
(
i) graduated after 1995 from a program of studies
referred to in
section 2(1)(a), or
(ii) completed advanced training approved by the Board;
(
c) assess and maintain intravenous infusions if the Licensed
Practical Nurse has
(
i) graduated after 1994 from a program of studies
referred to in
section 2(1)(a), or
(ii) completed advanced training approved by the Board.
(3) A Licensed Practical Nurse who has received advanced training approved
by the Board may, on being delegated under subsection (4) and within
guidelines approved by the Board, provide services in specialized areas,
including but not limited to the following:
(
a) operating room;
(
b) advanced orthopaedics;
(
c) dialysis.
(4) A regulated health professional who
(
a) has knowledge of the educational preparation of Licensed
Practical Nurses and the nursing services they are qualified to provide,
and
(
b) has the authority for the appropriate delegation of client
services
may delegate practical nurse services to a Licensed Practical Nurse.
(5) Notwithstanding subsections (1) to (4), the direction to provide
clinical nursing services may only be given by
(
a) a registered nurse, a certified graduate nurse or a permit
holder under the Nursing Profession Act,
(
b) a registered member as defined in the Psychiatric Nurses
Regulation (AR 509/87), or
(
c) a physician.
Standards of conduct
8 Licensed Practical Nurses shall
(
a) execute all duties in accordance with generally accepted
standards of practice and professional ethics and be guided at all times by
the welfare, best interests and informed consent of the client;
(
b) work within, be limited by and inform clients regarding
(
i) the Licensed Practical Nurse's health services and
individual ability, and
(ii) any terms, conditions or limitations on
registration or practice imposed by the Registration or Conduct and
Competency Committees;
(
c) maintain currency in knowledge and skill in the practice of
practical nurse health services and enhance that knowledge and skill in
accordance with new developments, procedures or equipment;
(
d) work to encourage high standards of performance and research in
the practice of practical nurse health services;
(
e) refer any incompetent, illegal or unethical conduct by
colleagues or other health personnel to the appropriate authorities;
(
f) hold in confidence all client information unless the Licensed
Practical Nurse is permitted by the client or required by the Act or any
other enactment or by order of a court to disclose the information.
Right to title
9 A Licensed Practical Nurse may use any of the following titles and
initials:
(a) "Licensed Practical Nurse" and "LPN";
(b) "Registered Nursing Assistant" and "RNA";
(c) "Registered Nursing Orderly" and "RNO".
Professional Council
10 The governing body of the Council consists of
(
a) not fewer than 8 persons, who must be Licensed Practical
Nurses, and
(
b) the persons appointed by the Lieutenant Governor in Council
under
section 7.3(1) of the Act.
Registration Committee
11(1) The Registration Committee consists of 5 persons who are Licensed
Practical Nurses and who are appointed by the Council.
(2) The Council may designate not more than 4 Licensed Practical Nurses
from among whom acting members of the Registration Committee may be
appointed.
(3) If a member of the Registration Committee is temporarily absent or is
unable to act, the Council may appoint from the Licensed Practical Nurses
designated under subsection (2) an acting member of the Committee to carry
out the duties of the member during that member's temporary absence or
inability to act.
Conduct and Competency Committee
12(1) The Conduct and Competency Committee consists of
(a) 5 persons who are Licensed Practical Nurses and who are
appointed by the Council, and
(
b) the person appointed by the Lieutenant Governor in Council
under
section 7.6(1)(
b) of the Act.
(2) The Council may designate not more than 4 Licensed Practical Nurses
from among whom acting members of the Conduct and Competency Committee may
be appointed.
(3) If a member of the Conduct and Competency Committee is temporarily
absent or is unable to act, the Council may appoint from the Licensed
Practical Nurses designated under subsection (2) an acting member of the
Committee to carry out the duties of the member during that member's
temporary absence or inability to act.
Annual report
13 The date on or before which a report under
section 7.8 of the Act must
be submitted is March 31.
Repeal
14 The Licensed Practical Nurses Regulation (Alta. Reg. 306/86) is
repealed.
Expiry
15 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be re-passed
in its present or an amended form following a review, this Regulation
expires on July 1, 2002.
------------------------------
Alberta Regulation 104/97
Livestock and Livestock Products Act
HONEY GRADING REGULATION
Filed: May 28, 1997
Made by the Lieutenant Governor in Council (O.C. 240/97) pursuant to
section 2 of the Livestock and Livestock Products Act.
Table of Contents
Definitions 1
Application 2
Honey Regulations 3
Container requirements 4
Grades 5
Repeals
Repeal 6
Expiry
Expiry 7
Definitions
1 In this Regulation,
(a) "beekeeper" has the meaning given to it in the Bee Act;
(b) "farmers' market" means a place or premises operated to
facilitate the sale of agricultural products by the producer directly to a
consumer who takes delivery of the product at that place or premises;
(c) "Federal Honey Regulations" means the Honey Regulations, C.R.C.
1978, c.287 under the Canada Agricultural Products Standards Act;
(d) "honey house" means a place or premises used by a beekeeper for
handling, storing, extracting or packaging honey;
(e) "registered establishment" has the meaning given to it in
section 2(1) of the Federal Honey Regulations.
Application
2(1) This Regulation applies to honey produced in Alberta that is to be
sold in Alberta.
(2) Section 5(1) of this Regulation does not apply to honey that a
beekeeper sells directly to a consumer at the beekeeper's honey house or
residence or at a farmers' market.
Honey Regulations
3 A person who in Alberta produces, packs, ships, transports, advertises,
displays or sells or offers to pack, ship, transport, advertise, display or
sell honey to which this Regulation applies shall comply with the Federal
Honey Regulations.
Container requirements
4(1) A beekeeper who sells honey directly to a consumer at the beekeeper's
honey house or residence or at a farmers' market shall ensure that the
container in which the honey is sold
(
a) displays the name and address of the beekeeper, and
(
b) shows the net weight of the contents.
(2) Subsection (1) does not apply if the container is provided by the
consumer.
Grades
5(1) Honey to which this Regulation applies must be graded before it is
sold.
(2) The grades for honey to which this Regulation applies are the grades
set out in Table III of
Schedule I of the Federal Honey Regulations.
Repeals
Repeal
6 The Honey Grading Regulation (AR 277/84) is repealed.
Expiry
Expiry
7 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be re-passed
in its present or an amended form following a review, this Regulation
expires on December 31, 2001.
Alberta Regulation 105/97
Vegetable Sales (Alberta) Act
VEGETABLE SALES REGULATION
Filed: May 28, 1997
Made by the Lieutenant Governor in Council (O.C. 241/97) pursuant to
section 2 of the Vegetable Sales (Alberta) Act.
Table of Contents
Definitions 1
Vegetables 2
Application 3
Grades 4
Packages and markings 5
Experimental packages 6
Advertising 7
Markings on packages of more than 1.36 kg 8
Markings on packages of 1.36 kg or less 9
Bulk containers 10
Master containers 11
Size and placement of markings 12
Marks appearing as part of a grade 13
Prohibited marks 14
Old markings 15
Inspection 16
Inspection certificate or card 17
Appeal inspection 18
Detention 19,20
Notice of release 21
Fees 22,23
Certificate copies 24
Repeals
Repeal 25
Expiry
Expiry 26
Definitions
1 In this Regulation,
(a) "Act" means the Vegetable Sales (Alberta) Act;
(b) "address" includes postal code;
(c) "Department" means the Department of Agriculture, Food and
Rural Development;
(d) "Director" means the leader of the Horticulture/Apiculture
program of the Department;
(e) "farmers' market" means a place or premises operated to
facilitate the sale of agricultural products by the producer directly to
the consumer who takes delivery of the product at that place or premises;
(f) "greenhouse cucumbers" means cucumbers that have been grown in
artificial conditions under glass or other protective covering;
(g) "inspection certificate" means a certificate issued by an
inspector;
(h) "lot" means that quantity of vegetables that for any reason is
considered separately from other vegetables as the subject of an
inspection;
(i) "Ministerial Regulation" means the Grades, Packages and Fees
Regulation (AR 106/97) made under the Act;
(j) "prepackaged" with respect to vegetables means vegetables that
are in a package that is ordinarily sold to consumers without being
repacked;
(k) "producer" means a person who ships, transports or sells
vegetables only on his own farm;
(l) "rutabaga" means the plant commonly known as Swede turnip but
does not include the usually smaller species commonly known as summer
turnip;
(m) "transparent package" means a package in which the vegetables
can be clearly seen through at least half the package.
Vegetables
2 In accordance with
section 1(
d) of the Act, the following plants are
designated as vegetables in addition to potatoes:
(
a) beets;
(
b) carrots;
(
c) parsnips;
(
d) tomatoes;
(
e) cucumbers;
(
f) rutabagas;
(
g) head lettuce;
(
h) corn;
(
i) onions;
(
j) brussels sprouts;
(
k) celery;
(
l) asparagus;
(
m) cabbage;
(
n) cauliflower.
Application
3(1) This Regulation applies to vegetables grown in Alberta that are to be
sold in Alberta.
(2) This Regulation does not apply to the following:
(
a) seed potatoes in respect of which a certificate has been issued
pursuant to
section 52(1) of the Seeds Regulations, C.R.C. 1978, c.1400
under the Seeds Act (Canada);
(
b) banana type potatoes;
(
c) carrots, beets and onions, the tops of which have not been
removed;
(
d) vegetables consigned to a plant, factory or other place for
canning, freezing or other processing or preservation;
(
e) vegetables sold by a producer to a consumer at a farmers'
market, at the producer's farm or at another location.
Grades
4 No person shall
(
a) transport or pack vegetables that are to be sold, or
(
b) advertise, sell, offer for sale or have in his possession for
sale any vegetables
unless the vegetables meet the standards for one of the grades as described
in the Ministerial Regulation for the vegetables.
Packages and markings
5 No person shall transport vegetables that are to be sold and that are
in a package or sell, offer for sale or have in his possession for sale any
vegetables that are in a package unless
(
a) the vegetables are packed in a sanitary manner,
(
b) the package meets the requirements of the Ministerial
Regulation, and
(
c) the package or a tag attached to the package is marked in
accordance with this Regulation.
Experimental packages
6(1) Notwithstanding the requirements for packages established in the
Ministerial Regulation, the Director may authorize, for experimental use,
sizes and types of packages not specified in the Ministerial Regulation.
(2) Packages authorized by the Director must be marked "Exp. Pkg. No."
together with the number assigned by the Director.
Advertising
7 No person shall advertise the sale of vegetables unless the
advertisement states the volume, weight or count of the vegetables.
Markings on packages of more than 1.36 kg
8(1) This
section applies to
(
a) prepackaged vegetables listed in
Schedule 2 of the Ministerial
Regulation, and
(
b) prepackaged vegetables not listed in
Schedule 2 of the
Ministerial Regulation that are in packages of more than 1.36 kg net
weight.
(2) The package or a tag attached to the package in which vegetables are
to be sold must be marked with the following:
(
a) the grade name of the vegetables as described in the
Ministerial Regulation;
(b) "Product of Alberta" or "Product of Canada";
(
c) the name and address of the packer or, if the vegetables are
packed for a person who will sell the vegetables under his own label,
"packed for" followed by the name and address of that person;
(
d) the common name of the vegetables unless their identity is
readily visible while in the package;
(
e) if the package is not transparent and contains cauliflower or
lettuce, the number of heads in the package;
(
f) if the package is not transparent and contains celery, the
number of stalks in the package;
(
g) if the package is not transparent and contains sweet corn, the
number of ears in the package;
(
h) if the package is not transparent and contains greenhouse
cucumbers of Canada No. 1 grade, the number of cucumbers in the package;
(
i) the volume, weight or count of the vegetables except
(
i) in those cases provided for in clauses (
e) to (h),
(ii) if the vegetables are listed in
Schedule 2 of the
Ministerial Regulation and the package is designated for the vegetables
under that Schedule.
Markings on packages of 1.36 kg or less
9(1) This
section applies to prepackaged vegetables not listed in
Schedule
2 of the Ministerial Regulation that are in packages of not more than 1.36
kg net weight.
(2) The package or tag attached to the package in which vegetables are to
be sold must be marked with the net weight of the vegetables.
Bulk containers
10 No person shall transport vegetables that are to be sold and that are
in a bulk container unless
(
a) the bulk container is commonly used for that vegetable and is
suitable for that vegetable, and
(
b) the container is marked with
(
i) the grade name of the vegetables as described in
the Ministerial Regulation;
(ii) the name and address of the packer or, if the
vegetables are packed for a person who will sell the vegetables under his
own label, "packed for" followed by the name and address of that person;
(iii) the volume, weight or count of the vegetables.
Master containers
11(1) In this section, "master container" means a container that holds
vegetables that are in packages.
(2) No person shall transport vegetables that are to be sold and that are
in a master container unless the master container or a tag attached to the
container is marked with the following:
(
a) the grade name of the vegetables as described in the
Ministerial Regulation;
(
b) the name and address of the packer or, if the vegetables are
packed for a person who will sell the vegetables under his own label,
"packed for" followed by the name and address of that person;
(
c) if the vegetables are not readily identifiable without opening
the master container, the common name of the vegetables.
Size and placement of markings
12 All markings required under this Regulation
(
a) shall be clearly legible under normal sale conditions with
letters not less than 1.6 mm in height, except that the declaration of net
quantity and the grade shall be shown in bold face type in letters not less
than
(i) 1.6 mm, if the principal display surface of the
container is not more than 32 cm2,
(ii) 3.2 mm, if the principal display surface of the
container is more than 32 cm2 but not more than 258 cm2,
(iii) 6.4 mm, if the principal display surface of the
container is more than 258 cm2 but not more than 645 cm2,
(iv) 9.5 mm, if the principal display surface of the
container is more than 645 cm2 but not more than 25.8 dm2, or
(v) 12.7 mm, if the principal display surface of the
container is more than 25.8 dm2,
and
(
b) shall be displayed on any part of the label except that part of
the label, if any, applied to the bottom of a container.
Marks appearing as part of a grade
13(1) Subject to subsection (2), if a grade is marked on a package, no
other words or markings shall be displayed on the package so as to appear
to be part of the grade or in a manner so as to be readily mistaken for
part of the grade.
(2) If the standards for a grade as described in the Ministerial
Regulation require that a package be marked to indicate the size of the
vegetables in it, the size declaration shall be immediately adjacent to the
grade in the same size of print as the grade name and there shall not be
any intervening printed, written or graphic matter.
Prohibited marks
14 A package on which a grade has been marked shall not have marked on it
(
a) any legible marks that do not relate to the present contents of
the package, or
(
b) any words that are false or misleading as to the contents of
the package.
Old markings
15 If the marking on a package is changed, the change shall be made so
that the old marking cannot be confused with the new marking.
Inspection
16 A person who wishes to have vegetables inspected shall
(
a) give at least 24 hours' notice to an inspector or, if there is
no inspector in the area, give at least 48 hours' notice to the nearest
inspection office,
(
b) provide adequate facilities for the inspection to be carried
out, which must include
(
i) lighting that provides illumination of at least 540
lux, and
(ii) an electrical outlet to facilitate the use of
electronic equipment
and must be free of vehicular traffic and other hazards,
(
c) place the vegetables so that they are accessible and their
quality and condition are fully disclosed, and
(
d) provide the inspector with any assistance he requires to carry
out an inspection.
Inspection certificate or card
17 After inspecting vegetables, an inspector may
(
a) issue an inspection certificate in respect of the vegetables,
(
b) if an inspection certificate cannot accompany a shipment of
vegetables, issue a card that indicates that the vegetables have been
inspected.
Appeal inspection
18(1) The Director may, on the application of a person financially
interested in a lot, including a consignor or consignee, grant an appeal
inspection with respect to an inspection certificate or card described in
section 17(
b) issued for the lot.
(2) The application shall state the reasons for the applicant's
dissatisfaction with the original inspection certificate or card described
section 17(b).
(3) The Director shall refuse to grant an appeal inspection if
(
a) the vegetables cannot be made accessible for inspection,
(
b) the lot has lost its identity, or
(
c) less than 75% of the original lot is available for inspection.
(4) If the Director grants an appeal inspection, the inspector making the
appeal inspection
(
a) shall confirm the original inspection certificate or card
described in
section 17(b), or
(
b) if his findings do not substantiate the original certificate or
card with respect to any factor that could not have changed after the
original inspection, shall issue an appeal inspection certificate.
(5) An appeal inspection certificate renders an original inspection
certificate or card described in
section 17(
b) void.
Detention
19 Pursuant to
section 4(
d) of the Act, vegetables detained may be
detained by attaching a detention tag provided by the Minister to a
prominent place on the lot.
Detention
20(1) No person shall alter, deface or remove the detention tag referred
to in
section 19.
(2) No person shall move, sell or otherwise dispose of any vegetables
detained by an inspector until authorized to do so by an inspector.
Notice of release
21(1) If an inspector is satisfied that the vegetables held in detention
comply with this Regulation, he shall complete a Notice of Release in the
form provided by the Minister.
(2) The inspector shall deliver or mail one copy of the Notice of Release
to each person notified pursuant to
section 5 of the Act.
Fees
22 The fees payable for an inspection of vegetables are prescribed in the
Ministerial Regulation.
Fees
23 The fees are payable by the applicant for inspection
(
a) on delivery of the inspection certificate,
(
b) in the case of applicants holding authorized charge accounts,
on receipt of an invoice from a program manager, or
(
c) in advance of the inspection if so requested by the inspector.
Certificate copies
24(1) The applicant for an inspection shall be supplied with 2 copies of
the inspection certificate but, on request to the inspector prior to
issuance of the certificate, the number of copies may be increased to 4
copies at no additional charge.
(2) As part of the inspection process, on request to the Director and
payment of the fee prescribed in the Ministerial Regulation, a person
financially interested in the vegetables, including a consignor or
consignee covered by an inspection certificate, may be supplied with not
more than 4 copies of the certificate.
Repeals
Repeal
25 The Vegetable Sales Regulation (AR 455/87) is repealed.
Expiry
Expiry
26 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be re-passed
in its present or an amended form following a review, this Regulation
expires on December 31, 2001.
------------------------------
Alberta Regulation 106/97
Vegetable Sales (Alberta) Act
GRADES, PACKAGES AND FEES REGULATION
Filed: May 28, 1997
Made by the Minister of Agriculture, Food and Rural Development pursuant to
section 2.1 of the Vegetables Sales (Alberta) Act.
Table of Contents
Interpretation 1
Application 2
Grades 3
Packages 4
Inspection fees 5
Appeal inspection fees 6
Inspection certificate fee 7
Repeals
Repeal 8
Expiry
Expiry 9
Schedules
Interpretation
1(1) In this Regulation,
(a) "condition defect" means any defect that may develop in
vegetables during storage or transit;
(b) "diameter" means the greatest width at right angles to the
longitudinal axis;
(c) "field cucumbers" means cucumbers that are not greenhouse
cucumbers;
(d) "field tomatoes" means tomatoes that are not greenhouse
tomatoes;
(e) "greenhouse cucumbers" means cucumbers that have been grown in
artificial conditions under glass or other protective covering;
(f) "greenhouse tomatoes" means tomatoes that have been grown in
artificial conditions under glass or other protective covering;
(g) "properly packed" with respect to vegetables means vegetables
that are packed in a package so that they are not slack, overpressed or in
a condition likely to result in damage during handling or in transit.
(2) Definitions in
section 1 of the Vegetable Sales Regulation (AR 105/97)
apply to this Regulation.
Application
2(1) This Regulation applies to fresh vegetables grown in Alberta that are
to be sold in Alberta.
(2) This Regulation does not apply to the following:
(
a) seed potatoes in respect of which a certificate has been issued
pursuant to
section 52(1) of the Seeds Regulations, C.R.C. 1978, c.1400
under the Seeds Act (Canada);
(
b) banana type potatoes;
(
c) carrots, beets and onions, the tops of which have not been
removed;
(
d) vegetables consigned to a plant, factory or other place for
canning, freezing or other processing or preservation;
(
e) vegetables sold by a producer directly to a consumer at a
farmers' market, the producer's farm or at another location.
Grades
3(1) Subject to subsections (3) and (4), the grades for fresh vegetables
and the standards for those grades are set out in
Schedule 1.
(2) Condition defects affect the grade of fresh vegetables and are to be
taken into account
(
a) at all times, for any lot of beets, cabbages, carrots, onions,
parsnips, potatoes or rutabagas, and
(
b) at the time of shipping or repacking, for any lot of other
vegetables.
(3) Subject to subsection (4), a tolerance of 5% in addition to the
tolerances provided in
Schedule 1 is allowed for condition defects but, in
the case of potatoes, not more than an additional 1% may be decay and, in
the case of the other vegetables, not more than an additional 2% may be
decay.
(4) The additional tolerance allowed under subsection (3) does not apply
to beets, carrots, onions, parsnips, potatoes or rutabagas at the time of
shipping or at the time of repacking.
Packages
4 The requirements with respect to packages for fresh vegetables are as
follows:
(
a) the package must be suitable for the vegetables;
(
b) if the vegetables are listed in
Schedule 2 and the vegetables
are prepackaged, the package must be of the size or weight set out in
column 2 of
Schedule 2;
(
c) if the vegetables are not listed in
Schedule 2 and the package
contains not more than 1.36 kg net weight, the package must be a
transparent package or other closed package that allows the vegetables to
be readily visible;
(
d) if the vegetables are visible in the package, the vegetables
that are visible must represent the grade, size, maturity, colour and
variety of the vegetables contained in the package;
(
e) the package must not be stained, soiled, warped, broken or
damaged so as to affect the shipping quality or marketability of the
vegetables;
(
f) if the package is a bag, the bag must be tightly and securely
closed;
(
g) if the package contains potatoes or onions, the package must be
new;
(
h) if the package is a bag that contains sweet corn, the bag must
be new and of open mesh type.
Inspection fees
5(1) The fees for an inspection of fresh vegetables are
(a) $68 or $0.60 per 100 kg of vegetables inspected, whichever is
the greater amount, if the inspection is performed at the shipping point,
(b) $68 or $1.17 per 100 kg of vegetables inspected, whichever is
the greater amount, if the inspection is performed at a place other than
the shipping point,
plus any amount under subsection (2).
(2) Reasonable travelling, telegram, telephone or other expenses incurred
in connection with the inspection of fresh vegetables are part of the
inspection fees.
Appeal inspection fees
6(1) The fee for an appeal inspection referred to in
section 18 of the
Vegetable Sales Regulation (AR 105/97) is the fee payable under
section 5.
(2) No fee is payable for an appeal inspection if the original inspection
is not confirmed.
Inspection certificate fee
7 The fee for additional copies of an inspection certificate under
section 24(2) of the Vegetable Sales Regulation (AR 105/97) is $2.
Repeals
Repeal
8 The Grades, Packages and Fees Regulation (AR 370/90) is repealed.
Expiry
Expiry
9 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be re-passed
in its present or an amended form following a review, this Regulation
expires on December 31, 2001.
SCHEDULE 1
GRADES AND GRADE STANDARDS
1 In this Schedule, where a grade is described as a "Canada" grade, the
standards for that grade are those set out in the Fresh Fruit and Vegetable
Regulations, C.R.C. 1978, c.285 under the Canada Agricultural Products
Standards Act.
Asparagus
2 The grades for asparagus are Canada No. 1, Canada No. 1 Slender and
Canada No. 2.
Beets
3 The grades for beets are Canada No. 1 and Canada No. 2.
Brussels sprouts
4 The grades for brussels sprouts are Canada No. 1 and
Canada No. 2.
Cabbages
5 The grades for cabbages are Canada No. 1 and Canada No. 2.
Carrots
6(1) The grades for carrots are Canada No. 1, Canada No. 2 and Alberta No.
1 Small.
(2) Alberta No. 1 Small is the grade for carrots that meet the following
standards:
(
a) have similar varietal characteristics;
(
b) are not woody in texture, broken, soft, flabby or shrivelled;
(
c) are not trimmed into the crown but are so trimmed that the
length of the tops of 75% of the carrots does not exceed 13 mm and the
length of the tops of the remaining 25% of the carrots does not exceed 25
mm;
(
d) are not rough, forked or misshapen and not materially affected
by secondary rootlets;
(
e) are reasonably clean;
(
f) are free from sunburn that
(
i) extends more than 13 mm below the outer edge of the
crown, or
(ii) affects more than 10% of the carrots in the lot,
other than sunburn affecting only the crown and not extending downward from
the outer edge of the crown;
(
g) are free from decay;
(
h) are free from any injury or defect, other than an injury or
defect referred to in clauses (
b) to (g), that
(
i) materially affects their appearance, edibility or
shipping quality, or
(ii) cannot be removed without a loss of more than 5% of
the total weight of a carrot;
(
i) have a minimum length of 89 mm;
(
j) have a diameter that is not less than 13 mm and not greater
than 25 mm;
(
k) are properly packed.
Cauliflower
7 The grades for cauliflower are Canada No. 1 and Canada No. 2.
Celery
8 The grades for celery are Canada No. 1, Canada No. 1 Heart and Canada
No. 2.
Sweet corn
9 The grade for sweet corn is Canada No. 1.
Field cucumbers
10 The grades for field cucumbers are Canada No. 1 and Canada No. 2.
Greenhouse cucumbers
11 The grades for greenhouse cucumbers are Canada No. 1 and Canada No. 2.
Head lettuce
12 The grades for head lettuce are Canada No. 1 and Canada No. 2.
Onions
13 The grades for onions are Canada No. 1, Canada No. 1 Pickling and
Canada No. 2.
Parsnips
14(1) The grades for parsnips are Canada No. 1, Canada No. 2 and Alberta
No. 1 Small.
(2) Alberta No. 1 Small is the grade for parsnips that meet the following
standards:
(
a) have similar varietal characteristics;
(
b) are firm and not woody in texture;
(
c) are not trimmed into the crown but are so trimmed that the
length of the tops of 75% of the parsnips does not exceed 13 mm and the
length of the tops of the remaining 25% of the parsnips does not exceed 25
mm;
(
d) are fairly smooth;
(
e) are free from secondary rootlets that materially affect their
appearance;
(
f) are not turnip-shaped or so forked or misshapen as to
materially affect their appearance;
(
g) are reasonably clean;
(
h) are free from decay;
(
i) are free from any injury or defect, other than an injury or
defect referred to in clauses (
b) to (
h) that
(
i) materially affects their appearance, edibility or
shipping quality, or
(ii) cannot be removed without a loss of 5% by weight of
a parsnip;
(
j) have a minimum length of 127 mm and a diameter that is not less
than 22 mm and not greater than 76 mm;
(
k) are properly packed.
Potatoes
15(1) The grades for potatoes are Canada No. 1, Canada No. 1 Large, Canada
No. 1 Creamer, Canada No. 2 and Alberta No. 1 Small.
(2) The standards for Alberta No. 1 Small Potatoes are the same as the
standards for Canada No. 1 Potatoes except that the Alberta No. 1 Small
Potatoes have a diameter that is not less than 25 mm and not greater than
57 mm.
Rutabagas
16 The grade for rutabagas is Canada No. 1.
Field tomatoes
17 The grades for field tomatoes are Canada No. 1, Canada No. 2, Canada
No. 1 Picklers and Canada No. 2 Picklers.
Greenhouse tomatoes
18 The grades for greenhouse tomatoes are Canada No. 1, Canada Commercial
and Canada No. 2.
SCHEDULE 2
PACKAGES
COLUMN 1 COLUMN 2
KIND NET WEIGHT
(
a) beets 907 g, 2.27 kg, 4.54 kg. 11.3 kg and 22.7 kg
(
b) carrots 907 g, 1.36 kg, 2.27 kg, 4.54 kg, 11.3 kg and 22.7 kg
(
c) onions 907 g, 1.36 kg, 2.27 kg, 4.54 kg, 11.3 kg and 22.7 kg
(
d) parsnips 454 g, 907 g, 4.54 kg, 9.07 kg, 11.3 kg and 22.7 kg
(
e) potatoes 2.27 kg, 4.54 kg, 9.07 kg, 22.7 kg, 34 kg and 45.4 kg
(
f) rutabagas 907 g, 2.27 kg, 4.54 kg, 11.3 kg, and 22.7 kg
------------------------------
Alberta Regulation 107/97
Public Sector Pension Plans Act
UNIVERSITIES ACADEMIC PENSION PLAN AMENDMENT REGULATION
Filed: May 30, 1997
Made by the Universities Academic Board pursuant to
section 5(2) and 9(6)
of
Schedule 3 of the Public Sector Pension Plans Act.
1 The Universities Academic Pension Plan (AR 370/93) is amended by this
Regulation.
Section 13 is amended
(
a) in subsection (1),
(
i) in clause (
a) by striking out "5.4" and
substituting "5.0";
(ii) in clause (
b) by striking out "7.9" and
substituting "7.4";
(
b) in subsection (1.1),
(
i) in clause (
a) by striking out "5.9" and
substituting "5.5";
(ii) in clause (
b) by striking out "8.4" and
substituting "7.9";
Section 15 is amended
(
a) in subsection (1),
(
i) in clause (
a) by striking out "6.4" and
substituting "6.0";
(ii) in clause (
b) by striking out "8.9" and
substituting "8.4";
(
b) in subsection (1.1),
(
i) in clause (
a) by striking out "5.9" and
substituting "5.5";
(ii) in clause (
b) by striking out "8.4" and
substituting "7.9";
Section 16(2) is amended by striking out from "Act Schedule," to the
end of the subsection and substituting "Act Schedule, from July 1, 1997 is
0.875% of salary".
5 This Regulation comes into force on July 1, 1997.