Alberta Gazette — 31 December 2014 (Part II)
31 December 2014
Alberta — Gazette
Alberta Regulation 208/2014
Traffic Safety Act
DRIVERS' HOURS OF SERVICE (EXTENSION OF EXPIRY DATE)
AMENDMENT REGULATION
Filed: December 4, 2014
For information only: Made by the Minister of Transportation (M.O. 27/14) on
October 23, 2014 pursuant to
section 156 of the Traffic Safety Act.
1 The Drivers' Hours of Service Regulation (AR 317/2002)
is amended by this Regulation.
Section 22 is amended by striking out "January 1, 2015"
and substituting "March 15, 2018".
--------------------------------
Alberta Regulation 209/2014
Alberta Corporate Tax Act
ALBERTA CORPORATE TAX (QUALIFYING ENVIRONMENTAL TRUSTS)
AMENDMENT REGULATION
Filed: December 5, 2014
For information only: Made by the Lieutenant Governor in Council (O.C. 444/2014)
on December 4, 2014 pursuant to
section 56 of the Alberta Corporate Tax Act.
1 The Alberta Corporate Tax Regulation (AR 119/2008) is
amended by this Regulation.
2 The following is added after
section 5.1:
Qualifying environmental trusts and
Alberta QET tax credits
tax imposed by
section 25.1(1) of the Act, the provisions of
Part
XII.4 of the federal Act, other than subsections 211.6(1) and (2),
apply instead of
Part 8 of the Act for the purposes of
section 25.1(2)
of the Act.
(2) A corporation entitled to a tax credit under
section 26.92(1) of
the Act may deduct from its tax otherwise payable under the Act for
a taxation year an amount not exceeding the lesser of
(
a) the corporation's Alberta QET tax credit for the particular
year, and
(
b) the corporation's tax otherwise payable under the Act for the
particular year.
(3) The amount deducted under subsection (2) is deemed to have
been paid on account of the corporation's tax payable under the Act
for the particular year on the corporation's balance-due day for the
particular year.
(4) For the purposes of
section 26.92(3) of the Act, the amount by
which a corporation's Alberta QET tax credit for the particular year
exceeds the amount referred to in subsection (2)(b)
(
a) may be applied by the Provincial Minister to pay any tax,
interest or penalty owing by the corporation for that or any
taxation year pursuant to the Act, or any other amount owing
to the Crown in right of Alberta, and the part of the amount
not so applied shall be paid to the corporation, and
(
b) is deemed to have been paid by the corporation on the later of
the corporation's balance-due day for the particular year and
the day on which the corporation's application for the
Alberta QET tax credit was received by the Provincial
Minister.
(5) Subject to subsection (6), for the purposes of
section 26.92(4) of
the Act, a corporation entitled to a tax credit under
section 26.92(1)
of the Act applies for the Alberta QET tax credit by making a claim
for the Alberta QET tax credit in its return for the particular year in
accordance with
Part 8 of the Act.
(6) For the purposes of
section 26.92(4) of the Act, a corporation
that applies for the Alberta QET tax credit shall submit to the
Provincial Minister a letter or statement from each qualifying
environmental trust of which the corporation is a beneficiary,
specifying as applicable in respect of the last taxation year of the
qualifying environmental trust,
(
a) the income subject to tax as reported by the qualifying
environmental trust for federal income tax purposes pursuant
to subsection 211.6(3) of the federal Act and the Alberta tax
paid on that income pursuant to
section 25.1(1) of the Act
and subsection 211.6(4) of the federal Act, and
(
b) the corporation's share of the income subject to tax and the
corporation's share of the Alberta tax on that income.
Alberta Regulation 210/2014
Teachers' Pension Plans Act
TEACHERS' PENSION PLANS (LEGISLATIVE PROVISIONS)
(BOARD MEMBERSHIP INCREASE) AMENDMENT REGULATION
Filed: December 5, 2014
For information only: Made by the Lieutenant Governor in Council (O.C. 446/2014)
on December 4, 2014 pursuant to sections 5 and 23 of the Teachers' Pension Plans
Act.
1 The Teachers' Pension Plans (Legislative Provisions)
Regulation (AR 204/95) is amended by this Regulation.
Section 2(1) is amended by striking out "is 3" and
substituting "is 4".
Section 3(2) is amended by striking out "5" and
substituting "7".
--------------------------------
Alberta Regulation 211/2014
Unclaimed Personal Property and Vested Property Act
GENERAL AMENDMENT REGULATION
Filed: December 5, 2014
For information only: Made by the Lieutenant Governor in Council (O.C. 447/2014)
on December 4, 2014 pursuant to
section 64 of the Unclaimed Personal Property and
Vested Property Act.
1 The General Regulation (AR 104/2008) is amended by
this Regulation.
Section 6(2)(
c) and (c.1) are repealed and the following is
substituted:
(
c) subject to clause (d), for a security or any other equity
interest in a business organization, the later of
(i) 7 years after the earlier of the date of the first
(
A) dividend, share split or other distribution that was
unclaimed by the apparent owner, and
(
B) event or action that the apparent owner did not
respond to or complete as required,
and
(ii) one year after the date specified by the Minister for the
purposes of this clause;
(c.1) for the contents of a safety deposit box, the later of
(i) 7 years after the date of the last indication by the
apparent owner of interest in the contents of the safety
deposit box, and
(ii) one year after the date specified by the Minister for the
purposes of this clause;
--------------------------------
Alberta Regulation 212/2014
Guarantees Acknowledgment Act
GUARANTEES ACKNOWLEDGMENT FORMS
AMENDMENT REGULATION
Filed: December 5, 2014
For information only: Made by the Lieutenant Governor in Council (O.C. 448/2014)
on December 4, 2014 pursuant to
section 7 of the Guarantees Acknowledgment Act.
1 The Guarantees Acknowledgment Forms Regulation
(AR 66/2003) is amended by this Regulation.
2 The
Schedule is repealed and the following is
substituted:
Schedule
Form
Guarantees Acknowledgment Act
(Section 3)
CERTIFICATE
I HEREBY CERTIFY THAT:
1 (guarantor's name) , the guarantor in the guarantee
dated made between __________ and __________, which this
certificate is attached to or noted on, appeared in person before me and
acknowledged that he/she had executed the guarantee.
2 I satisfied myself by examination of the guarantor that he/she is
aware of the contents of the guarantee and understands it.
CERTIFIED by (print name) , Barrister and Solicitor at the _______
of ________, in the Province of Alberta, this _____ day of ______ , 20__.
Signature
STATEMENT OF GUARANTOR
I am the person named in this certificate.
________________________
Signature of Guarantor
3 This Regulation comes into force on the coming into
force of the Notaries and Commissioners Act.
--------------------------------
Alberta Regulation 213/2014
Judgment Interest Act
JUDGMENT INTEREST AMENDMENT REGULATION
Filed: December 5, 2014
For information only: Made by the Lieutenant Governor in Council (O.C. 449/2014)
on December 4, 2014 pursuant to
section 4 of the Judgment Interest Act.
1 The Judgment Interest Regulation (AR 215/2011) is
amended by this Regulation.
Section 1 is amended by adding the following after
clause (v):
(
w) the interest rate from January 1, 2015 to December 31, 2015
is prescribed at 1.05% per year.
--------------------------------
Alberta Regulation 214/2014
Dairy Industry Act
DAIRY INDUSTRY AMENDMENT REGULATION
Filed: December 5, 2014
For information only: Made by the Lieutenant Governor in Council (O.C. 469/2014)
on December 4, 2014 pursuant to
section 39 of the Dairy Industry Act.
1 The Dairy Industry Regulation (AR 139/99) is amended by
this Regulation.
Section 82 is amended by striking out "January 31, 2015"
and substituting "January 31, 2017".
--------------------------------
Alberta Regulation 215/2014
Farm Implement Act
FARM IMPLEMENT (EXTENSION OF EXPIRY DATE)
AMENDMENT REGULATION
Filed: December 5, 2014
For information only: Made by the Lieutenant Governor in Council (O.C. 470/2014)
on December 4, 2014 pursuant to
section 30 of the Farm Implement Act.
1 The Farm Implement Regulation (AR 204/83) is amended
by this Regulation.
Section 10 is amended by striking out "March 31, 2015" and
substituting "March 31, 2016".
Alberta Regulation 216/2014
Fur Farms Act
FUR FARMS (EXTENSION OF EXPIRY DATE)
AMENDMENT REGULATION
Filed: December 5, 2014
For information only: Made by the Lieutenant Governor in Council (O.C. 471/2014)
on December 4, 2014 pursuant to
section 18 of the Fur Farms Act.
1 The Fur Farms Regulation (AR 299/96) is amended by
this Regulation.
Section 4 is amended by striking out "March 31, 2015" and
substituting "March 31, 2020".
--------------------------------
Alberta Regulation 217/2014
Government Organization Act
DESIGNATION AND TRANSFER OF RESPONSIBILITY
AMENDMENT REGULATION
Filed: December 5, 2014
For information only: Made by the Lieutenant Governor in Council (O.C. 472/2014)
on December 4, 2014 pursuant to sections 16, 17 and 18 of the Government
Organization Act.
1 The Designation and Transfer of Responsibility
Regulation (AR 80/2012) is amended by this Regulation.
Section 8(1.01)(
a) is repealed.
Section 9 is amended
(
a) in subsection (1) by adding the following after
clause (ff):
(ff.1) Supportive Living Accommodation Licensing Act;
(
b) by repealing subsection (3.1) and substituting the
following:
(3.1) The powers, duties and functions of the Minister in the
Health Grants Regulation (AR 146/2002) are transferred to the
common responsibility of the Minister of Health and the Minister
of Seniors.
(
c) by repealing subsections (5) to (8) and substituting
the following:
(5) Notwithstanding
section 14.1(2), the responsibility for that
part of the public service associated with the parts of the
appropriation transferred under subsection (6) is transferred to
the Minister of Health.
(6) Notwithstanding
section 14.1(3), the responsibility for the
administration of the unexpended balance of the following parts
of the 2014-15 Government appropriation for Health is
transferred from the Minister of Seniors to the Minister of
Health:
(
a) element 15.3, Supportive Living Accommodations
Licensing and Monitoring, of program 15, Seniors
Services;
(
b) the portions of program 1, Ministry Support Services,
related to the part of the appropriation transferred under
clause (a).
Section 14 is amended by adding the following after
subsection (5):
(5.1) The powers, duties and functions of the Minister in the
Municipal Affairs Grants Regulation (AR 123/2000) are transferred
to the responsibility of the Minister of Municipal Affairs.
Section 14.1 is amended
(
a) in subsection (1)
(
i) in clause (
d) by adding ", except sections 2, 5 and
6" after "Act";
(ii) by repealing clause (f);
(
b) by adding the following after subsection (1):
(1.1) The responsibility for sections 2, 5 and 6 of the Seniors
Benefit Act is transferred to the common responsibility of the
Minister of Seniors and the Minister of Health.
(1.2) The powers, duties and functions of the Minister in
sections 8.3, 8.4 and 10 of the Seniors Benefit Act General
Regulation (AR 213/94) are transferred to the common
responsibility of the Minister of Seniors and the Minister of
Health.
(
c) in subsection (3)
(
i) by adding the following after clause (b):
(b.1) element 19.5, Affordable Supportive Living
Initiative, of program 19, Infrastructure Support;
(ii) in clause (
c) by striking out "and (b)" and
substituting ", (
b) and (b.1)".
(
d) by repealing subsection (5).
Section 18 is amended by adding the following after
subsection (7):
(8) The responsibility for the administration of the Regulatory
Review Secretariat is transferred to the President of Treasury Board
and Minister of Finance.
(9) The responsibility for that part of the public service responsible
for administering the Regulatory Review Secretariat is transferred to
the President of Treasury Board and Minister of Finance.
(10) The responsibility for the administration of the unexpended
balance of element 1.1, Office of the Premier / Executive Council, of
program 1, Office of the Premier / Executive Council, related to the
Regulatory Review Secretariat, of the 2014-15 Government
appropriation for Executive Council is transferred to the President of
Treasury Board and Minister of Finance.
--------------------------------
Alberta Regulation 218/2014
Municipal Government Act
WELL DRILLING EQUIPMENT TAX RATE REGULATION
Filed: December 9, 2014
For information only: Made by the Minister of Municipal Affairs (M.O. L:166/14)
on December 2, 2014 pursuant to
section 390 of the Municipal Government Act.
Table of Contents
1 Calculation of tax for 2015
2 Calculation of tax for 2016
3 Calculation of tax for 2017
4 Calculation of tax for 2018
5 Calculation of tax for 2019
6 Expiry
7 Coming into force
Calculation of tax for 2015
1 The tax under Division 6 of
Part 10 of the Municipal Government
Act must be calculated in 2015 as follows:
(
a) if the depth of the well is 900 metres or less, $0.44 per metre
of depth, with the minimum tax being $290;
(
b) if the depth of the well is more than 900 metres but not more
than 1500 metres, $435 plus $0.87 for each metre of depth
exceeding 900;
(
c) if the depth of the well is more than 1500 metres but not
more than 1800 metres, $957 plus $1.02 for each metre of
depth exceeding 1500;
(
d) if the depth of the well is more than 1800 metres but not
more than 2400 metres, $1450 plus $2.18 for each metre of
depth exceeding 1800;
(
e) if the depth of the well is more than 2400 metres but not
more than 3000 metres, $2900 plus $5.22 for each metre of
depth exceeding 2400;
(
f) if the depth of the well is more than 3000 metres but not
more than 3600 metres, $6382 plus $8.27 for each metre of
depth exceeding 3000;
(
g) if the depth of the well is more than 3600 metres but not
more than 4200 metres, $11 893 plus $17.40 for each metre
of depth exceeding 3600;
(
h) if the depth of the well is more than 4200 metres but not
more than 4800 metres, $23 496 plus $21.76 for each metre
of depth exceeding 4200;
(
i) if the depth of the well is more than 4800 metres, $38 000
plus $26.11 for each metre of depth exceeding 4800.
Calculation of tax for 2016
2 The tax under Division 6 of
Part 10 of the Municipal Government
Act must be calculated in 2016 as follows:
(
a) if the depth of the well is less than or equal to 500 metres, the
minimum tax is $780;
(
b) if the depth of the well is more than 500 metres but not more
than 1000 metres, $780 plus $2.00 for each metre of depth
exceeding 500 metres;
(
c) if the depth of the well is more than 1000 metres, $1780 plus
$4.00 for each metre of depth exceeding 1000 metres.
Calculation of tax for 2017
3 The tax under Division 6 of
Part 10 of the Municipal Government
Act must be calculated in 2017 as follows:
(
a) if the depth of the well is less than or equal to 500 metres, the
minimum tax is $798;
(
b) if the depth of the well is more than 500 metres but not more
than 1000 metres, $798 plus $2.05 for each metre of depth
exceeding 500 metres;
(
c) if the depth of the well is more than 1000 metres, $1820 plus
$4.09 for each metre of depth exceeding 1000 metres.
Calculation of tax for 2018
4 The tax under Division 6 of
Part 10 of the Municipal Government
Act must be calculated in 2018 as follows:
(
a) if the depth of the well is less than or equal to 500 metres, the
minimum tax is $816;
(
b) if the depth of the well is more than 500 metres but not more
than 1000 metres, $816 plus $2.09 for each metre of depth
exceeding 500 metres;
(
c) if the depth of the well is more than 1000 metres, $1862 plus
$4.19 for each metre of depth exceeding 1000 metres.
Calculation of tax for 2019
5 The tax under Division 6 of
Part 10 of the Municipal Government
Act must be calculated in 2019 as follows:
(
a) if the depth of the well is less than or equal to 500 metres, the
minimum tax is $835;
(
b) if the depth of the well is more than 500 metres but not more
than 1000 metres, $835 plus $2.14 for each metre of depth
exceeding 500 metres;
(
c) if the depth of the well is more than 1000 metres, $1905 plus
$4.28 for each metre of depth exceeding 1000 metres.
Expiry
6 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be
repassed in its present or an amended form following a review, this
Regulation expires on December 31, 2019.
Coming into force
7 This Regulation comes into force on January 1, 2015.
--------------------------------
Alberta Regulation 219/2014
Notaries and Commissioners Act
COMMISSIONERS FOR OATHS REGULATION
Filed: December 10, 2014
For information only: Made by the Minister of Justice and Solicitor General
(M.O. J 51/2014) on December 10, 2014 pursuant to
section 24 of the Notaries and
Commissioners Act.
Table of Contents
1 Expiry of appointment
2 Code of conduct
3 Directives governing the duties and conduct of commissioners
4 Applications
5 Fees
6 Written directions and notices
7 Records and information
8 Repeal
9 Expiry
10 Coming into force
Schedule
Expiry of appointment
1 Unless revoked, an appointment under
Part 2 of the Act expires on
the 3rd anniversary of the commissioner for oaths' birthday after the
date of his or her appointment.
Code of conduct
2 The code of conduct referred to in
section 18(1) of the Act is set out
in the Schedule.
Directives governing the duties and conduct of commissioners
3 A directive referred to in
section 18(2) of the Act must be published
in the form and manner determined by the Minister.
Applications
4(1) The application referred to in
section 20 of the Act shall be
submitted in a form and manner satisfactory to the Minister.
(2) The application shall be supported by an affidavit satisfactory to
the Minister, if the Minister so requires.
Fees
5(1) Subject to subsection (2), the fee payable for an appointment
under
Part 2 of the Act is $50.
(2) No fee is payable under subsection (1) for an appointment as
commissioner for oaths for the purposes of employment with
(
a) the Government of Alberta or Canada or an agency of either,
(
b) the Metis Settlements General Council or a Metis settlement,
(
c) a municipality.
Written directions and notices
6(1) A written direction issued to a commissioner for oaths under
section 22 of the Act must be sent to the last known address or e-mail
address of that individual.
(2) The refusal of an application or a notice of the suspension or
revocation of an appointment referred to in
section 23 of the Act must
(
a) provided in writing, and
(
b) sent to the applicant or commissioner for oaths at that
individual's last known address or e-mail address.
Records and information
7(1) For the purposes of
section 24(
e) of the Act, the Minister may
collect, use and disclose information, including personal information,
for the purposes of
(
a) confirming that a commissioner for oaths has an office or
status referred to in
section 16(1) or (2) of the Act,
(
b) authenticating a commissioner for oaths' signature,
(
c) considering and approving applications, issuing written
directions or suspending or revoking appointments under
Part
2 of the Act and providing, publishing or issuing notices of
suspensions or revocations, and
(
d) any other purpose required for the administration of the Act.
(2) The Minister may collect, use or disclose information referred to in
this
section indirectly, without the consent of the commissioner for
oaths to which the information relates.
Repeal
8 The Commissioners for Oaths Fee Regulation (AR 65/2003) is
repealed.
Expiry
9 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be
repassed in its present or an amended form following a review, this
Regulation expires on April 30, 2024.
Coming into force
10 This Regulation comes into force on the coming into force of the
Notaries and Commissioners Act.
Schedule
Code of Conduct for
Commissioners for Oaths
1 A commissioner for oaths must
(
a) discharge all of the commissioner for oaths' responsibilities
with honesty, dignity and integrity;
(
b) treat all persons fairly, courteously and with respect;
(
c) provide services in a professional, ethical and responsible
manner;
for oaths' appointment;
(
e) comply with
(
i) the Notaries and Commissioners Act,
(ii) the applicable regulations under the Notaries and
Commissioners Act,
(iii) any other law or directives that govern the conduct of
commissioners for oaths in the discharge of their
responsibilities, and
(iv) any direction issued to the commissioner for oaths
under
section 22 of the Act;
(
f) act in a manner that maintains and upholds the honour and
reputation of the office of commissioner for oaths;
(
g) maintain up-to-date knowledge on the law and directives
governing the duties and conduct of commissioners for oaths;
(
h) hold in strict confidence all information of a confidential
nature that comes to the commissioner for oaths' knowledge,
except as is required to perform the services of the
commissioner for oaths or as otherwise required by law.
2 A commissioner for oaths must not
(
a) mislead or attempt to mislead anyone in the discharge of the
commissioner for oaths' responsibilities;
(
b) commission or participate in the preparation or delivery of
any document that is false, incomplete, misleading, deceptive
or fraudulent;
(
c) commission or participate in the preparation or delivery of
any document that
(
i) has the appearance of being validly issued by a court or
other legitimate authority but is not,
(ii) is intended to or has the effect of deceiving any person,
(iii) otherwise is lacking valid legal effect.
--------------------------------
Alberta Regulation 220/2014
Notaries and Commissioners Act
NOTARIES PUBLIC REGULATION
Filed: December 10, 2014
For information only: Made by the Minister of Justice and Solicitor General
(M.O. J 52/2014) on December 10, 2014 pursuant to
section 13 of the Notaries and
Commissioners Act.
Table of Contents
1 Expiry of appointment
2 Code of conduct
3 Directives governing the duties and conduct of notaries public
4 Applications
5 Fees
6 Written directions and notices
7 Records and information
8 Repeal
9 Expiry
10 Coming into force
Schedule
Expiry of appointment
1 Unless revoked, an appointment under
Part 1 of the Act expires 2
years after December 31 of the year in which the appointment was
made.
Code of conduct
2 The code of conduct referred to in
section 6(1) of the Act is set out
in the Schedule.
Directives governing the duties and conduct of notaries public
3 A directive referred to in
section 6(2) of the Act must be published
in the form and manner determined by the Minister.
Applications
4(1) The application referred to in
section 8 of the Act shall be
submitted in a form and manner satisfactory to the Minister.
(2) The application shall be supported by an affidavit satisfactory to
the Minister, if the Minister so requires.
Fees
5(1) Subject to subsection (2), the fee payable for an appointment
under
Part 1 of the Act is $75.
(2) No fee is payable under subsection (1) for an appointment as a
notary public for the purpose of employment with
(
a) the Government of Alberta or Canada or an agency of either,
(
b) a police service.
Written directions and notices
6(1) A written direction issued to a notary public under
section 10 of
the Act must be sent to the last known address or e-mail address of that
individual.
(2) The refusal of an application or a notice of the suspension or
revocation of an appointment referred to in
section 11 of the Act must
(
a) provided in writing, and
(
b) sent to the applicant or notary public at that individual's last
known address or e-mail address.
Records and information
7(1) For the purposes of
section 13(
f) of the Act, the Minister may
collect, use and disclose information, including personal information,
for the purposes of
(
a) confirming that a notary public has an office or status
referred to in
section 16(1) or (2) of the Act,
(
b) authenticating a notary public's signature,
(
c) considering and approving applications, issuing written
directions or suspending or revoking appointments under
Part
1 of the Act and providing, publishing or issuing notices of
suspensions or revocations, and
(
d) any other purpose required for the administration of the Act.
(2) The Minister or the Notary Public Advisory Committee may
collect, use or disclose information referred to in this
section
indirectly, without the consent of the notary public to which the
information relates.
Repeal
8 The Notaries Public Regulation (AR 68/2003) is repealed.
Expiry
9 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be
repassed in its present or an amended form following a review, this
Regulation expires on April 30, 2024.
Coming into force
10 This Regulation comes into force on the coming into force of the
Notaries and Commissioners Act.
Schedule
Code of Conduct for Notaries Public
1 A notary public must
(
a) discharge all of the notary public's responsibilities with
honesty, dignity and integrity;
(
b) treat all persons fairly, courteously and with respect;
(
c) provide services in a professional, ethical and responsible
manner;
appointment;
(
e) comply with
(
i) the Notaries and Commissioners Act,
(ii) the applicable regulations under the Notaries and
Commissioners Act,
(iii) any other law or directives that govern the conduct of
notaries public in the discharge of their responsibilities,
and
(iv) any direction issued to the notary public under
section
10 of the Act;
(
f) act in a manner that maintains and upholds the honour and
reputation of the office of notary public;
(
g) maintain up-to-date knowledge on the law and directives
governing the duties and conduct of notaries public;
(
h) hold in strict confidence all information of a confidential
nature that comes to the notary public's knowledge, except as
is required to perform the services of the notary public or as
otherwise required by law.
2 A notary public must not
(
a) mislead or attempt to mislead anyone in the discharge of the
notary public's responsibilities;
(
b) notarize or participate in the preparation or delivery of any
document that is false, incomplete, misleading, deceptive or
fraudulent;
(
c) notarize or participate in the preparation or delivery of any
document that
(
i) has the appearance of being validly issued by a court or
other legitimate authority but is not,
(ii) is intended to or has the effect of deceiving any person,
(iii) is otherwise lacking valid legal effect.