Alberta Regulation 13/2010

Wildlife Act

WILDLIFE (AUTHORIZATIONS, 2010) AMENDMENT REGULATION

Filed: March 5, 2010

For information only: Made by the Minister of Sustainable Resource Development

(M.O. 05/2010) on March 2, 2010 pursuant to

section 103 of the Wildlife Act.

1 The Wildlife Regulation (AR 143/97) is amended by this

Regulation.

Section 52 is amended

(

a) in subsection (1)

(

i) by striking out "The" and substituting "The kinds

of";

(ii) by striking out "24(3)" and substituting "22.1(1)";

(

b) in subsection (2) by striking out "the Act that apply

with respect to licences, except" and substituting "this

Regulation that apply with respect to licences, except this

section and";

(

c) by adding the following after subsection (2):

(3) Provisions of the Act that apply only with respect to

recreational licences are prescribed as exceptions for the

purposes of

section 22.1(2) of the Act.

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

Alberta Regulation 14/2010

Government Organization Act

MUNICIPAL AFFAIRS GRANTS AMENDMENT REGULATION

Filed: March 12, 2010

For information only: Made by the Lieutenant Governor in Council (O.C. 57/2010)

on March 11, 2010 pursuant to

section 13 of the Government Organization Act.

1 The Municipal Affairs Grants Regulation (AR 123/2000) is

amended by this Regulation.

2 Sections 6 and 7(2) are amended by striking out "Minister

of Finance" wherever it occurs and substituting "Minister of

Finance and Enterprise".

Section 11 is amended by striking out "March 31, 2010"

and substituting "March 31, 2015".

Schedule 3 is repealed.

Schedule 5 is amended

(

a) in

section 2 by striking out "or" at the end of clause

(b), by adding "or" at the end of clause (

c) and by

adding the following after clause (c):

(

d) to provide services relating to municipal matters.

(

b) in

section 3 by striking out "and Housing";

(

c) in

section 6 by adding "and Enterprise" after "Minister

of Finance".

Schedule 7 is amended in

section 2 by adding the

following after clause (c):

(c.1) provide services relating to municipal matters.

7 This Regulation comes into force on March 31, 2010.

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

Alberta Regulation 15/2010

Public Sector Pension Plans Act

PUBLIC SECTOR PENSION PLANS (LEGISLATIVE PROVISIONS)

(LAPP - INTERNAL BOARD RULES) AMENDMENT REGULATION

Filed: March 12, 2010

For information only: Made by the Lieutenant Governor in Council (O.C. 64/2010)

on March 11, 2010 pursuant to

Schedule 1,

section 12 of the Public Sector Pension

Plans Act.

1 The Public Sector Pension Plans (Legislative Provisions)

Regulation (AR 365/93) is amended by this Regulation.

Schedule 1 is amended by adding the following after

section 3:

Internal Board rules - quorum and resolutions

3.05(1) In this section,

(a) "plan rule resolution" means a resolution that constitutes or

would, if passed, constitute a recommendation under

section

4(2) of the Act Schedule;

(b) "present" means, with reference to a Board member at a

meeting, present at the meeting at the time when the vote on

the resolution was taken;

(c) "resolution" means a resolution of the Board;

(d) "super majority" means a majority at a level specified in

subsection (4)(a).

(2) Notwithstanding

section 6 of the portion of this Regulation

preceding this Schedule,

(

a) section 17 of the

Interpretation Act does not apply to the

Board,

(

b) the Board's quorum rule and the rules relating to the passing

of resolutions and related matters are as set out in this

section, and

(

c) subject to subsection (7), the Board may not make any

resolution dealing with those rules on quorum or the passing

of resolutions.

(3) The quorum at a meeting of the Board is 7 Board members.

(4) A resolution is passed;

(

a) in the case of a plan rule resolution, only

(

i) if it is passed by at least 2/3 of the Board members

present, and

(ii) the Board members present include at least 4 employee

nominees and at least 4 employer nominees,

(

b) if it is not a plan rule resolution, and subject to

section 15(2)

of the Act Schedule, if it is passed by a majority of the Board

members present.

(5) A vacancy in the membership of the Board does not

(

a) invalidate the constitution of the Board if the number of

members is not less than a quorum, or

(

b) subject to subsections (3) and (4), impair the right of the

members of the Board to act.

(6) The Board shall ensure that there is indicated in the minutes of a

meeting at which a plan rule resolution was voted on all information

necessary to determine whether or not the requirements of this

section for a super majority were met with respect to that resolution,

including

(

a) the number of votes for and against the motion for the plan

rule resolution, with abstentions, and how each such vote was

cast (including abstentions) by each Board member present,

and

(

b) whether those Board members were employee nominees,

employer nominees or individuals referred to in

section 3(

c) or (d).

(7) Without limiting

section 6 of the portion of this Regulation

preceding this Schedule, the Board may adopt a process that

provides that a Board member may vote and otherwise participate in

a meeting to the same extent as if personally present by means of a

telephonic or other communication facility that permits all persons

participating in the meeting to communicate adequately with each

other during the meeting.

(8) If the process referred to in subsection (7) is properly applied,

then, for the purposes of this section, there is deemed to be a meeting

if there is otherwise no actual meeting at law and all the Board

members who are lawfully participating by one of those means at the

time the vote on the resolution is taken are deemed to be present at

that time at a meeting actually or deemed to be held, as the case may

be, to deal with the proposed resolution.

(9) The Crown shall not submit to the Lieutenant Governor in

Council any proposed regulation for enactment under

section 4(2) of

the Act

Schedule unless it is satisfied that the Board has certified that

the applicable plan rule resolution was duly passed with a super

majority.

Alberta Regulation 16/2010

Government Organization Act

DESIGNATION AND TRANSFER OF RESPONSIBILITY

AMENDMENT REGULATION

Filed: March 12, 2010

For information only: Made by the Lieutenant Governor in Council (O.C. 65/2010)

on March 11, 2010 pursuant to

section 16 of the Government Organization Act.

1 The Designation and Transfer of Responsibility

Regulation (AR 38/2008) is amended by this Regulation.

Section 21 is amended by adding the following after

subsection (7):

(7.1) In addition to the provisions of the Public Lands Act

transferred under subsection (7) and notwithstanding subsection

(1)(h), sections 2, 7(a), 21 and 30 of the Public Lands Act are

transferred to the common responsibility of the Minister of

Sustainable Resource Development and the Minister of Tourism,

Parks and Recreation.

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

Alberta Regulation 17/2010

Municipal Government Act

CAPITAL REGION BOARD REGULATION

Filed: March 15, 2010

For information only: Made by the Lieutenant Governor in Council (O.C. 66/2010)

on March 15, 2010 pursuant to

section 603 of the Municipal Government Act.

Table of Contents

Definitions

Part 1

Capital Region Board

2 Establishment of Board

3 Mandate of Board

4 Chair of Board

5 Voting rights of representatives

6 Powers and duties of Board

7 Delegation

8 Bylaws

9 Annual report of Board

Part 2

Preparation of Capital Region

Growth Plan

10 Preparation of Plan

11 Objectives of Plan

12 Contents of Plan

13 Approval of Plan

14 Effective date of Plan

Part 3

Effect of Capital Region Growth Plan

15 Application of

Part

16 Limitation of Plan

17 Actions must conform with Plan

18 Plan prevails

19 Conformity with Plan

Part 4

Approval of Statutory Plans

20 Application of

Part

21 Regional Evaluation Framework

22 Approval of statutory plans

Part 5

General Matters

23 Effect of Regulation on existing statutory plans

24 Information must be provided

25 Dispute resolution

26 Matters before the Municipal Government Board

27 Limitation of actions

28 No remedy

29 Proceedings barred

30 No expropriation or injurious affection

31 Regulation prevails

32 Ministerial orders

33 Transitional

34 Repeal

35 Expiry

36 Coming into force

Schedule

Definitions

1 In this Regulation,

(a) "Act" means the Municipal Government Act;

(b) "Capital Region" means the lands lying within the

boundaries of the participating municipalities;

(c) "Capital Region Board" means the Capital Region Board

established by

section 2;

(d) "Capital Region Growth Plan" means an integrated growth

management plan for the Capital Region, including any

amendments to that plan, approved by the Minister under

section 13;

(e) "Framework" means the Regional Evaluation Framework,

including any amendments to the Framework, established by

the Minister under

section 21;

(f) "Minister" means the Minister responsible for the Act;

(g) "municipal agreement" means an agreement entered into by a

participating municipality;

(h) "participating municipality" means a municipality listed in

the Schedule;

(i) "representative" means a representative on the Capital

Region Board;

(j) "statutory plan" means

(

i) a statutory plan as defined in

section 616(dd) of the Act,

(ii) an amendment to a statutory plan referred to in

subclause (i).

Part 1

Capital Region Board

Establishment of Board

2(1) The Capital Region Board is established.

(2) The Capital Region Board is a corporation consisting of

(

a) the participating municipalities, as represented by the persons

appointed by the participating municipalities under

subsection (3) or designated by subsection (5),

(

b) the persons appointed by the Lieutenant Governor in Council

under subsection (7), and

(

c) if applicable, the interim chair appointed under

section 4(2).

(3) Each participating municipality shall appoint

(

a) a person to represent the participating municipality on the

Capital Region Board, and

(

b) a person to act in the representative's place in the event of the

representative's temporary absence or temporary inability to

act.

(4) A representative appointed under subsection (3) must be a

councillor of the participating municipality that appointed that

representative.

(5) Until a participating municipality appoints a representative under

subsection (3), the chief elected official of the participating

municipality is designated as that municipality's representative.

(6) If the representative of a participating municipality that is a town

or village is unable to attend a meeting of the Capital Region Board,

the Capital Region Board, on the request of the participating

municipality, shall provide for an alternative method of representation

for the participating municipality at that meeting.

(7) The Lieutenant Governor in Council may appoint one or more

persons to represent the Government of Alberta on the Capital Region

Board, but those persons do not have voting rights.

Mandate of Board

3 The Capital Region Board shall

(

a) prepare a proposed Capital Region Growth Plan in

accordance with

Part 2,

(

b) advise and make recommendations to the Minister regarding

the preparation and implementation of the Capital Region

Growth Plan,

(

c) facilitate the resolution of issues arising from the preparation

and implementation of the Capital Region Growth Plan,

(

d) implement policies for the sharing of costs among the

participating municipalities for regional projects of the

Capital Region, and

(

e) carry out any other functions and duties as the Minister

directs.

Chair of Board

4(1) The representatives appointed under

section 2(3) or designated

section 2(5) shall elect from among themselves a chair of the

Capital Region Board, whose term expires on the date the chair's

current term as a councillor expires.

(2) Despite subsection (1), the Minister may by order appoint an

interim chair of the Capital Region Board for a term specified by the

Minister.

(3) If the Minister appoints an interim chair, the term of the chair

elected under subsection (1) commences on the day after the day the

interim chair's term expires.

(4) The interim chair does not have voting rights.

Voting rights of representatives

5(1) Subject to sections 2(7) and 4(4), each representative has one

vote.

(2) If a decision of the Capital Region Board is to be made by a vote,

the decision must be supported by not fewer than 17 representatives

from participating municipalities that collectively have at least 75% of

the population in the Capital Region.

(3) Subject to

section 2(6), if a representative is not present when a

vote of the Capital Region Board is taken, or abstains from voting, the

representative is deemed to have voted in the affirmative.

Powers and duties of Board

6(1) Divisions 3 and 4 of

Part 15.1 of the Act apply with any

necessary modifications in respect of the Capital Region Board as if it

were a regional services commission.

(2) Divisions 3 and 4 of

Part 15.1 of the Act apply with any necessary

modifications in respect of the representatives appointed under

section

2(3) or designated by

section 2(5) as if those representatives were

directors of a regional services commission.

(3) The Capital Region Board is deemed to be a regional services

commission for the purposes of

(

a) the Freedom of Information and Protection of Privacy Act,

and

(

b) the Alberta Capital Finance Authority Act.

Delegation

7(1) Subject to subsection (2), the Capital Region Board may delegate

any of its powers, duties or functions under this Regulation to another

person.

(2) The Capital Region Board may not delegate

(

a) the power to make bylaws;

(

b) the power to borrow money;

(

c) the power to adopt budgets;

(

d) the power to approve financial statements.

Bylaws

8(1) The Capital Region Board may make bylaws respecting its

conduct and affairs, including, without limitation, rules and procedures

for dealing with matters before the Capital Region Board.

(2) A bylaw made under subsection (1) does not come into force until

it has been approved by the Minister.

(3) The Regulations Act does not apply to a bylaw made under

subsection (1).

Annual report of Board

9(1) The Capital Region Board shall submit a report before May 1 of

each year to the Minister summarizing its activities during the

preceding calendar year.

(2) On receiving the report under subsection (1), the Minister shall lay

a copy of it before the Legislative Assembly if it is then sitting or, if it

is not then sitting, within 15 days after the commencement of the next

sitting.

Part 2

Preparation of Capital Region

Growth Plan

Preparation of Plan

10 The Capital Region Board shall, within the time and in the form

and manner specified by the Minister, prepare and submit to the

Minister a proposed Capital Region Growth Plan.

Objectives of Plan

11 The objectives of the Capital Region Growth Plan are

(

a) to promote an integrated and strategic approach to planning

for future growth in the Capital Region;

(

b) to identify the overall development pattern and key future

infrastructure investments that would

(

i) best complement existing infrastructure, services and

land uses in the Capital Region, and

(ii) maximize benefits to the Capital Region;

(

c) to co-ordinate decisions in the Capital Region to sustain

economic growth and ensure strong communities and a

healthy environment.

Contents of Plan

12(1) Except as otherwise specified by the Minister, a proposed

Capital Region Growth Plan must contain the following:

(

a) a comprehensive, integrated regional land use plan for the

Capital Region that includes the following:

(

i) population and employment projections;

(ii) the identification of

(

A) priority growth areas,

(

B) land supply for residential, commercial and

industrial purposes,

(

C) agricultural lands,

(

D) buffer areas,

(

E) density of development, and

(

F) the development and location of infrastructure;

(iii) the identification of corridors for recreation,

transportation, utilities and intermunicipal transit;

(iv) policies regarding environmentally sensitive areas;

(

v) policies for the co-ordination of planning and

development among the participating municipalities;

(vi) specific actions to be taken by the participating

municipalities to implement the land use plan;

(

b) a regional intermunicipal transit network plan for the Capital

Region that includes the following:

(

i) the decision-making process to approve the regional

intermunicipal transit network;

(ii) procedures for implementing the delivery of regional

intermunicipal transit services;

(iii) provision for special transit services for persons with

disabilities;

(iv) methods for reviewing and monitoring the regional

intermunicipal transit network plan;

(

c) a plan to co-ordinate geographic information services for the

Capital Region that includes the following:

(

i) the protocols and the methods for collecting, storing and

accessing data;

(ii) the protocols and the methods for compiling and

analyzing information;

(iii) standardized terminology and standards for mapping

capabilities for the participating municipalities;

(

d) a plan regarding social and market affordable housing

requirements for the Capital Region that includes

recommendations with respect to the following:

(

i) the general location of social housing;

(ii) options to increase market affordable housing.

(2) In preparing a proposed Capital Region Growth Plan, the Capital

Region Board may also have regard to any matter relating to the

physical, social or economic development of the Capital Region.

Approval of Plan

13(1) On receiving a proposed Capital Region Growth Plan from the

Capital Region Board, the Minister may by order approve it or reject it.

(2) If the Minister rejects the proposed Capital Region Growth Plan,

the Minister may return it to the Capital Region Board with

suggestions for changes and directions on how to proceed.

(3) The Capital Region Growth Plan is not a regulation within the

meaning of the Regulations Act.

Effective date of Plan

14 The Capital Region Growth Plan takes effect on the date specified

by the Minister.

Part 3

Effect of Capital Region Growth Plan

Application of

Part

15 This Part applies only after the Capital Region Growth Plan takes

effect.

Limitation of Plan

16 Despite anything to the contrary in this Regulation, the Capital

Region Growth Plan is of no effect to the extent it directs the

Government of Alberta to expend funds, to commit to funding

arrangements or to undertake particular actions or adopt particular

policies or programs.

Actions must conform with Plan

17(1) Despite any other enactment, no participating municipality shall

take any of the following actions that conflict with the Capital Region

Growth Plan:

(

a) undertake a public work, improvement, structure or other

thing;

(

b) adopt a statutory plan;

(

c) make a bylaw or pass a resolution;

(

d) enter into a municipal agreement.

(2) If the Capital Region Board finds that a participating municipality

has taken an action described in subsection (1)(

a) that conflicts with

the Capital Region Growth Plan, the Capital Region Board may, by

written notice to the participating municipality, order the participating

municipality to stop the action within the time set out in the notice.

(3) If the participating municipality fails or refuses to comply with a

notice under subsection (2), the Capital Region Board may apply by

originating notice to the Court of Queen's Bench for an injunction or

other order.

(4) The Court of Queen's Bench may grant or refuse the injunction or

other order or may make any order that in the opinion of the Court is

just in the circumstances.

Plan prevails

18 Despite any other enactment, the Capital Region Growth Plan

prevails in the event of a conflict between the Capital Region Growth

Plan and a statutory plan, bylaw, resolution or municipal agreement of

a participating municipality.

Conformity with Plan

19(1) The council of a participating municipality shall amend every

statutory plan and bylaw as necessary to conform with the Capital

Region Growth Plan no later than the date specified by the Minister.

(2) If the council of a participating municipality fails to amend a

statutory plan or bylaw in accordance with subsection (1), the statutory

plan or bylaw is deemed to be invalid to the extent that it conflicts with

the Capital Region Growth Plan.

(3) The Minister may, in respect of a municipal agreement entered

into by a participating municipality that conflicts with the Capital

Region Growth Plan, require the council of the participating

municipality, to the extent possible under the terms of the municipal

agreement,

(

a) to amend the municipal agreement so that it conforms to the

Capital Region Growth Plan, or

(

b) to terminate the municipal agreement.

(4) If the council of a participating municipality fails to amend or

terminate a municipal agreement when required to do so by the

Minister under subsection (3), the municipal agreement is deemed to

be invalid to the extent that it conflicts with the Capital Region Growth

Plan.

(5) This

section applies only to statutory plans adopted, bylaws made

and municipal agreements entered into after April 15, 2008.

Part 4

Approval of Statutory Plans

Application of

Part

20 This Part applies to statutory plans only after a Regional

Evaluation Framework is established by the Minister under

section 21.

Regional Evaluation Framework

21(1) The Minister may by order establish a Regional Evaluation

Framework containing

(

a) criteria to be used to determine whether a statutory plan must

be submitted for approval under

section 22(1),

(

b) procedures for submitting statutory plans for approval under

section 22(1), and

(

c) the criteria and procedures to be followed by the Capital

Region Board in evaluating and approving statutory plans.

(2) If the Minister establishes a Framework, the Minister shall provide

a copy of it to each participating municipality.

(3) The Framework is not a regulation within the meaning of the

Regulations Act.

Approval of statutory plans

22(1) Statutory plans to be adopted by a participating municipality

that meet the criteria set out in the Framework must be submitted to the

Capital Region Board for approval.

(2) The Capital Region Board may, in accordance with the

Framework, approve or reject a statutory plan.

(3) A statutory plan referred to in subsection (1) has no effect unless it

is approved by the Capital Region Board under subsection (2).

(4) Except as provided in the Framework, a participating municipality

has no right to a hearing before the Capital Region Board in respect of

its approval or rejection of a statutory plan.

(5) A decision of the Capital Region Board under this

section is final

and not subject to appeal.

(6) This

section applies only to statutory plans to be adopted by a

participating municipality after the establishment of the Framework.

Part 5

General Matters

Effect of Regulation on existing statutory plans

23 For greater certainty, except as provided in Parts 3 and 4 of this

Regulation and

Part 17 of the Act, all statutory plans of a participating

municipality that were in effect on April 15, 2008 and have not been

repealed before the coming into force of this Regulation remain in full

force and effect.

Information must be provided

24(1) The chief elected official of a participating municipality shall,

when required in writing by the Capital Region Board to do so, provide

the Capital Region Board with information about the participating

municipality that the Capital Region Board requires.

(2) A person who contravenes subsection (1) is guilty of an offence

and liable to a fine of $10 000 or to imprisonment for a term of not

more than one year, or to both a fine and imprisonment.

Dispute resolution

25(1) A participating municipality may make a complaint in writing

to the Capital Region Board if the participating municipality is of the

view that there has been a breach of process, improper administration

or discriminatory treatment by the Capital Region Board.

(2) On receipt of a complaint under subsection (1), the Capital Region

Board shall attempt to resolve the complaint informally with the

participating municipality.

(3) If a complaint cannot be resolved under subsection (2), the Capital

Region Board may refer the matter to mediation.

(4) If the parties are not able to resolve the matter through mediation,

the Capital Region Board may refer the matter to arbitration under the

Arbitration Act.

Matters before the Municipal Government Board

26(1) If under the Act

(

a) a matter relating to land within the Capital Region is

appealed to the Municipal Government Board, or

(

b) the Municipal Government Board is considering an

application for an annexation involving 2 or more

participating municipalities,

the Minister may by order direct the Municipal Government Board to

defer its consideration of the matter.

(2) When the Minister makes an order under subsection (1), all steps

in the appeal or application, as the case may be, are stayed as of the

date of the order until the Minister gives notice to the Municipal

Government Board that the appeal or application may be continued.

(3) This

section applies to an appeal or application commenced after

April 15, 2008.

Limitation of actions

27 No cause of action arises as a result of

(

a) the enactment of this Regulation,

(

b) the making of an order under this Regulation, or

(

c) anything done or omitted to be done in accordance with this

Regulation.

No remedy

28 No costs, compensation or damages are owing or payable to any

person, and no remedy, including in contract, restitution or trust, is

available to any person in connection with anything referred to in

section 27.

Proceedings barred

29 No proceedings, including any proceedings in contract, restitution

or trust, that are based on anything referred to in

section 27 may be

brought or maintained against any person.

No expropriation or injurious affection

30 Nothing done or omitted to be done in accordance with this

Regulation or an order made under it constitutes an expropriation or

injurious affection for the purposes of the Expropriation Act or

otherwise.

Regulation prevails

31 In the event of a conflict between this Regulation and any other

enactment, other than the Act, this Regulation prevails.

Ministerial orders

32(1) In addition to any other orders the Minister may make under

this Regulation, the Minister may make any one or more of the

following orders:

(

a) an order providing for transitional matters related to the

coming into force of this Regulation;

(

b) an order respecting the requisition of operating and capital

costs of the Capital Region Board;

(

c) an order respecting the management, duties and functions of

the Capital Region Board;

(

d) an order respecting the records to be kept by the Capital

Region Board and the manner in which they are to be kept

and respecting which reports are to be submitted to the

Minister;

(

e) an order providing for any other matter that the Minister

considers necessary for carrying out the purposes of this

Regulation.

(2) In addition to the orders the Minister may make under subsection

(1), the Minister may by order take any action that the Capital Region

Board may or must take under this Regulation.

(3) If there is a conflict between an order made by the Minister under

subsection (2) and an action taken by the Capital Region Board, the

Minister's order prevails.

(4) The Regulations Act does not apply to an order made under this

Regulation.

Transitional

33(1) In this section, "former regulation" means the Capital Region

Board Regulation (AR 49/2008).

(2) Despite the repeal of the former regulation, that regulation and the

Transitional Regional Evaluation Framework established under it

continue to apply with respect to any applications for approval of

statutory plans that are made under

section 21 of the former regulation

before this Regulation comes into force.

Repeal

34 The Capital Region Board Regulation (AR 49/2008) is repealed.

Expiry

35 This Regulation is made in accordance with

section 603(1) of the

Act and is subject to repeal in accordance with

section 603(2) of the

Act.

Coming into force

36 This Regulation comes into force on March 31, 2010.

Schedule

Participating Municipalities

(

a) Town of Beaumont;

(

b) Town of Bon Accord;

(

c) Town of Bruderheim;

(

d) Town of Calmar;

(

e) Town of Devon;

(

f) City of Edmonton;

(

g) City of Fort Saskatchewan;

(

h) Town of Gibbons;

(

i) Lamont County;

(

j) Town of Lamont;

(

k) City of Leduc;

(

l) Leduc County;

(

m) Town of Legal;

(

n) Town of Morinville;

(

o) Village of New Sarepta;

(

p) Parkland County;

(

q) Town of Redwater;

(

r) City of St. Albert;

(

s) City of Spruce Grove;

(

t) Town of Stony Plain;

(

u) Strathcona County;

(

v) Sturgeon County;

(

w) Village of Thorsby;

(

x) Village of Wabamun;

(

y) Village of Warburg.