Alberta Gazette — 15 November 2010 (Part II)

15 November 2010

Alberta — Gazette

Alberta Gazette — 15 November 2010 (Part II)

15 November 2010

Alberta — Gazette

Alberta Regulation 171/2010

Livestock Industry Diversification Act

LIVESTOCK INDUSTRY DIVERSIFICATION (MINISTERIAL)

AMENDMENT REGULATION

Filed: October 22, 2010

For information only: Made by the Minister of Agriculture and Rural Development

(M.O. 13/2010) on October 21, 2010 pursuant to

section 34 of the Livestock Industry

Diversification Act.

1 The Livestock Industry Diversification (Ministerial)

Regulation (AR 256/91) is amended by this Regulation.

Section 15.1 is amended by striking out "October 31, 2010"

and substituting "October 31, 2013".

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

Alberta Regulation 172/2010

Alberta Human Rights Act

HUMAN RIGHTS EDUCATION AND MULTICULTURALISM FUND

GRANT AMENDMENT REGULATION

Filed: October 28, 2010

For information only: Made by the Lieutenant Governor in Council (O.C. 361/2010)

on October 28, 2010 pursuant to

section 14 of the Alberta Human Rights Act.

1 The Human Rights Education and Multiculturalism Fund

Grant Regulation (AR 13/2000) is amended by this

Regulation.

Section 10 is amended by striking out "November 30, 2010"

and substituting "March 31, 2013".

Alberta Regulation 173/2010

Municipal Government Act

CITY OF EDMONTON THE QUARTERS DOWNTOWN COMMUNITY

REVITALIZATION LEVY REGULATION

Filed: October 28, 2010

For information only: Made by the Lieutenant Governor in Council (O.C. 362/2010)

on October 28, 2010 pursuant to

section 381.5 of the Municipal Government Act.

Table of Contents

Definitions

2 Scope of Regulation

3 Establishment of community revitalization levy area

4 Community revitalization plan

5 Community revitalization levy bylaw

6 Borrowing bylaw

7 Preparation of assessments

8 Community revitalization assessment roll

9 Community revitalization levy roll

10 Community revitalization levy rate bylaw

11 Calculating amount of levy

12 Separate fund required

13 Application of Parts 9 to 12 of Act

14 Termination of a community revitalization levy bylaw

15 Expiry

Schedule

Definitions

1 In this Regulation,

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

(b) "assessment baseline" means the property assessment of each

property within The Quarters Downtown Community

Revitalization Levy Area as of December 31 of the year in

which the community revitalization levy bylaw is approved

by the Lieutenant Governor in Council;

(c) "community revitalization levy bylaw" means a bylaw

passed by the council to impose a levy in respect of the

incremental assessed value of property in The Quarters

Downtown Community Revitalization Levy Area;

(d) "community revitalization levy rate" means the rate imposed

under a community revitalization levy bylaw for the

applicable assessment class or sub-class of property;

(e) "council" means the council of the City of Edmonton;

(f) "incremental assessed value" has the meaning given to it in

section 381.1(

a) of the Act;

(g) "property" has the meaning given to it in

section 284(1)(

r) of

the Act;

(h) "The Quarters Downtown Community Revitalization Levy

Area" means the City of Edmonton community revitalization

levy area established pursuant to

section 3.

Scope of Regulation

2(1) This Regulation applies only to property located in The Quarters

Downtown Community Revitalization Levy Area.

(2) Sections 6 to 14 apply only if

(

a) the council passes a community revitalization levy bylaw in

respect of The Quarters Downtown Community

Revitalization Levy Area, and

(

b) the Lieutenant Governor in Council approves the community

revitalization levy bylaw.

Establishment of community revitalization levy area

3 This Regulation establishes a community revitalization levy area in

the City of Edmonton, known as The Quarters Downtown Community

Revitalization Levy Area, on the lands described in the Schedule.

Community revitalization plan

4(1) Before passing a community revitalization levy bylaw in respect

of The Quarters Downtown Community Revitalization Levy Area, the

council must

(

a) prepare a community revitalization plan for The Quarters

Downtown Community Revitalization Levy Area,

(

b) hold one or more public hearings on the proposed community

revitalization plan in accordance with

section 606 of the Act,

and

(

c) make and keep a record of any public hearings, and make the

results of those public hearings available to the public.

(2) A community revitalization plan must address

(

a) the objectives, risks and benefits associated with the plan,

(

b) the need for the plan, including substantiation that

redevelopment will not progress significantly in its absence,

(

c) the costs associated with the plan, including the amount and

timing of projected

(

i) redevelopment capital costs,

(ii) borrowing costs, and

(iii) other costs,

(

d) the revenues associated with the plan, including the amount

and timing of projected

(

i) community revitalization levies in respect of the

incremental assessed value of property in The Quarters

Downtown Community Revitalization Levy Area,

(ii) general municipal revenues, and

(iii) other revenue sources,

(

e) the amount, timing and source of projected borrowings

associated with the plan, and the amount and timing of the

repayments,

(

f) a low, medium and high projection of estimated changes in

the incremental assessed value of property in The Quarters

Downtown Community Revitalization Levy Area and the

consequent impact on projected revenues from community

revitalization levies,

(

g) how the municipality will fund any shortfall, in the event that

actual revenues associated with the plan are not sufficient to

provide for the actual costs and repayment of borrowings

associated with the plan,

(

h) the proposed land uses for The Quarters Downtown

Community Revitalization Levy Area,

(

i) the proposed phasing of development in The Quarters

Downtown Community Revitalization Levy Area,

(

j) the impact, if any, that the redevelopment of The Quarters

Downtown Community Revitalization Levy Area will have

on the residents of that area,

(

k) which features, facilities and characteristics of the

municipality will be adversely affected by the redevelopment

of The Quarters Downtown Community Revitalization Levy

Area and what is proposed to mitigate those effects,

(

l) which historically significant buildings in The Quarters

Downtown Community Revitalization Levy Area will be

conserved and maintained and how they will be conserved

and maintained, and

(

m) the expected role of private sector developers in the

redevelopment of The Quarters Downtown Community

Revitalization Levy Area.

(3) A community revitalization plan must be consistent with the land

use policies established by the Lieutenant Governor in Council under

section 622 of the Act.

Community revitalization levy bylaw

5(1) A community revitalization levy bylaw must include all of the

information required to be included in the community revitalization

plan.

(2) A community revitalization levy bylaw may be amended by the

council, but any amendments made have no effect unless they are

approved by the Lieutenant Governor in Council.

Borrowing bylaw

6 Despite sections 256 to 263 of the Act, a borrowing bylaw for the

purpose of implementing the community revitalization plan, in whole

or in part, must be advertised in accordance with

section 606 of the

Act.

Preparation of assessments

7 Assessments of property in The Quarters Downtown Community

Revitalization Levy Area must be prepared in the same manner as

similar properties in the municipality in accordance with

Part 9 of the

Act, as modified by this Regulation.

Community revitalization assessment roll

8(1) The municipality must prepare annually, not later than February

28, a community revitalization assessment roll.

(2) A community revitalization assessment roll may be a continuation

of the assessment roll prepared under

Part 9 of the Act or may be

separate from that roll.

Community revitalization levy roll

9(1) The municipality must prepare a community revitalization levy

roll annually.

(2) A community revitalization levy roll may be a continuation of the

tax roll prepared under

Part 10 of the Act or may be separate from that

roll.

(3) A community revitalization levy roll must show the same

information that is required to be shown on the tax roll in accordance

with

section 329 of the Act.

Community revitalization levy rate bylaw

10(1) The council must pass a community revitalization levy rate

bylaw annually.

(2) A community revitalization levy rate bylaw must

(

a) set and show separately all of the community revitalization

levy rates that must be imposed to raise the revenue required

to meet the levy increment financing program and council's

approved budget, and

(

b) not be imposed in respect of property that

(

i) is exempt under

section 351, 361 or 362 of the Act,

(ii) is exempt under

section 363 of the Act, unless the bylaw

passed under

section 363 makes the property taxable, or

(iii) is made exempt from taxation by the bylaw passed

under

section 364 of the Act.

(3) A community revitalization levy rate must be equal to or greater

than the tax rates established annually for the corresponding property

tax bylaw for each assessment class or sub-class of property referred to

section 297 of the Act.

(4) A community revitalization levy rate bylaw may set out the class

and subclass tax rates for the municipal property tax, the school

requisition and the community revitalization levy rate.

Calculating amount of levy

11(1) The amount of the levy to be imposed in respect of property

located in The Quarters Downtown Community Revitalization Levy

Area is to be calculated by multiplying the incremental assessed value

of the property by the community revitalization levy rate to be imposed

on that property.

(2) If a tax-exempt property in The Quarters Downtown Community

Revitalization Levy Area becomes taxable or partially taxable, the

community revitalization levy for that property is to be calculated on a

prorated basis by applying the community revitalization levy rate to

the incremental assessed value of the taxable portion of the property.

(3) The community revitalization levy under subsection (2) is to be

applied beginning in the year that the property becomes taxable or

partially taxable.

(4) If a tax-exempt property in The Quarters Downtown Community

Revitalization Levy Area becomes taxable or partially taxable, the

assessment baseline for that property shall be excluded from the

equalized assessment beginning in the year that the property becomes

taxable or partially taxable.

(5) If taxable property in The Quarters Downtown Community

Revitalization Levy Area becomes tax exempt, no community

revitalization levy is to be applied to that property beginning in the

year that the property becomes exempt.

(6) If, after the community revitalization area has been established,

there is

(

a) a subdivision affecting the property within The Quarters

Downtown Community Revitalization Levy Area, or

(

b) a consolidation of 2 or more properties within The Quarters

Downtown Community Revitalization Levy Area,

in respect of which a community revitalization levy is payable, the

municipality must reallocate the assessment baseline to each of the

new properties in the year that the subdivision or consolidation occurs.

(7) If, after the community revitalization area has been established,

there are changes to the assessment class or assessment sub-class for a

property, the municipality may revise the assessment class or sub-class

applicable to the property assessment baseline to reflect those changes

with respect to future years.

Separate fund required

12 A community revitalization levy collected from The Quarters

Downtown Community Revitalization Levy Area, and any interest

earned from the investment of that levy, must

(

a) be accounted for separately from other levies collected, and

(

b) be used only for the purposes specified in the community

revitalization plan for The Quarters Downtown Community

Revitalization Levy Area.

Application of Parts 9 to 12 of Act

13 Except as modified by this Regulation, Parts 9 to 12 of the Act

relating to the assessment and taxation of property apply with the

necessary modifications to a community revitalization levy, and, for

that purpose, a reference in those Parts to

(

a) a tax imposed under

Part 10, Division 2 is deemed to be a

reference to a community revitalization levy,

(

b) a property tax bylaw is deemed to be a reference to a

community revitalization levy bylaw,

(

c) an assessment roll is deemed to be a reference to a

community revitalization assessment roll, and

(

d) a tax roll is deemed to be a reference to a community

revitalization levy roll.

Termination of a community revitalization levy bylaw

14 The community revitalization levy bylaw is terminated on the

earliest of the following:

(

a) at the end of a period of 20 years from the year in which the

community revitalization levy bylaw is approved by the

Lieutenant Governor in Council;

(

b) the date that all borrowings for The Quarters Downtown

Community Revitalization Levy Area are repaid or recovered

from the revenues associated with the community

revitalization plan;

(

c) an earlier date specified by the Lieutenant Governor in

Council.

Expiry

15 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, 2020.

Schedule

All lands in the City of Edmonton contained in the area shown on the

following map and which may be described, approximately, as

follows:

Commencing at a point along the easterly limit of 97th Street

intersecting the south boundary of Plan 0422742, Block 15, Lot 45,

thence easterly along the southerly boundary of said Lot thence

north-easterly along the southerly limit of the Light Rail Transit

Right-of-Way to the westerly boundary of 84th Street. Thence south

along the westerly boundary of 84th Street to the northerly limit of

Jasper Avenue thence south-westerly to the intersection of the

northerly limit of 103A Avenue and the northerly limit of Jasper

Avenue, thence south along the westerly boundary of 92nd Street to

it's intersection of with the northerly limit of Rowland Road. Thence

westerly along the northerly limit of Rowland Road to its intersection

with the westerly limit of 95th Street.

Thence south along the westerly limit of 95th Street to its intersection

with the northerly limit of 101 Avenue. Thence west along the

northerly limit of 101 Avenue to its intersection with the northerly

limit of Jasper Avenue. Thence west along the northerly limit of Jasper

Avenue to its intersection with the westerly limit of 97th Street.

Thence north along the easterly limit of 97th Street to the point of

commencement.

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

Alberta Regulation 174/2010

Livestock Industry Diversification Act

LIVESTOCK INDUSTRY DIVERSIFICATION (PRINCIPAL)

AMENDMENT REGULATION

Filed: October 28, 2010

For information only: Made by the Lieutenant Governor in Council (O.C. 363/2010)

on October 28, 2010 pursuant to

section 33 of the Livestock Industry Diversification

Act.

1 The Livestock Industry Diversification (Principal)

Regulation (AR 255/91) is amended by this Regulation.

Section 4.1 is amended by striking out "October 31, 2010"

and substituting "October 31, 2013".

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

Alberta Regulation 175/2010

Marketing of Agricultural Products Act

ALBERTA MILK PLAN AMENDMENT REGULATION

Filed: October 28, 2010

For information only: Made by the Lieutenant Governor in Council (O.C. 364/2010)

on October 28, 2010 pursuant to

section 23 of the Marketing of Agricultural Products

Act.

1 The Alberta Milk Plan Regulation (AR 150/2002) is

amended by this Regulation.

Section 43 is amended

(

a) in subsections (4) and (5) by striking out "2

consecutive" and substituting "3 consecutive";

(

b) by repealing subsections (6) and (7).

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

Alberta Regulation 176/2010

Feeder Associations Guarantee Act

FEEDER ASSOCIATIONS GUARANTEE AMENDMENT REGULATION

Filed: October 28, 2010

For information only: Made by the Lieutenant Governor in Council (O.C. 366/2010)

on October 28, 2010 pursuant to

section 11 of the Feeder Associations Guarantee Act.

1 The Feeder Associations Guarantee Regulation

(AR 75/98) is amended by this Regulation.

Section 1 is amended

(

a) in clause (a.1) by adding "or livestock products" after

"the livestock";

(

b) by repealing clause (

d) and substituting the

following:

(d) "feeder agreement" means

(

i) the feeder agreement and promissory note set out

in the Schedule, or

(ii) in the case of a purpose referred to in

section

6(1)(

b) to (d), a feeder agreement and promissory

note in the form and manner required by the

Minister;

Section 5(

a) is amended by adding "unless approved by the

Minister" after "different species".

Section 6 is repealed and the following is substituted:

Purpose of guaranteed loan

6(1) A feeder association may only use a guaranteed loan for the

following purposes:

(

a) growing or finishing livestock, or both;

(

b) research or development in respect of livestock or livestock

products;

(

c) value-chain activities approved by the Minister in respect of

livestock or livestock products;

(

d) equity or contingent interest loans approved by the Minister

with respect to livestock or livestock products.

(2) The use of the guaranteed loan is restricted to livestock or

livestock products owned by the feeder association.

(3) A feeder association may only use a guaranteed loan for a

purpose referred to in subsection (1) if that purpose is specified in

the feeder agreement.

(4) A feeder association may only use a guaranteed loan for a

purpose referred to in subsection (1)(b), (

c) or (

d) if

(

a) the project or activity is approved by the Minister,

(

b) the maximum amount of the loan guarantee associated with

the project or activity does not exceed $3 million, and

(

c) the project or activity is expected to result in a benefit to the

livestock industry.

Section 7(1.2) is repealed and the following is

substituted:

(1.2) A feeder association shall not purchase livestock for a feeder if

the cumulative total of the value of the livestock purchased by all

feeder associations in respect of that feeder exceeds the cumulative

total of the amounts per species set out in subsections (1) and (1.1).

Section 11 is amended

(

a) by renumbering it as subsection (1);

(

b) by adding the following after subsection (1):

(2) Subsection (1) applies to livestock products of the livestock

purchased by a feeder association with the proceeds of a

guaranteed loan.

Section 17 is amended

(

a) by adding the following after subsection (1):

(1.1) Subsection (1) does not apply to a feeder agreement with

respect to a guaranteed loan for a purpose referred to in

section

6(1)(

b) to (d).

(

b) in subsection (2) by adding ", unless otherwise

approved by the Minister" after "were purchased";

(

c) in subsection (3) by adding ", unless otherwise

approved by the Minister" after "entered into".

Section 18 is amended by repealing subsection (2) and

substituting the following:

(2) A feeder association may purchase feeder cows for a feeder only

(

a) the cows are not intended for breeding or calving purposes,

and

(

b) the feeder agreement requires sale or slaughter within 120

days or less.

9 This Regulation comes into force on the coming into

force of the Feeder Associations Guarantee Act, SA cF-11.1

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

Alberta Regulation 177/2010

Matrimonial Property Act

MATRIMONIAL PROPERTY AMENDMENT REGULATION

Filed: October 28, 2010

For information only: Made by the Lieutenant Governor in Council (O.C. 375/2010)

on October 28, 2010 pursuant to

section 32 of the Matrimonial Property Act.

1 The Matrimonial Property Regulation (AR 13/99) is

amended by this Regulation.

Section 1(

a) is amended

(

a) by striking out "and a true appraisal";

(

b) by adding "whether situated in Alberta or elsewhere" after

"that spouse".

Section 4 is amended by striking out "November 30, 2010"

and substituting "November 30, 2018".

4 The

Schedule is amended

(

a) by repealing the form headed "Disclosure of

Matrimonial Property by Wife/Husband" and

substituting the following:

Matrimonial Property Statement

[Section 31(1)]

Clerk's stamp:

COURT FILE NUMBER

COURT Court of Queen's Bench

JUDICIAL CENTRE

PLAINTIFF

(DEFENDANT BY COUNTERCLAIM)

DEFENDANT

(PLAINTIFF BY COUNTERCLAIM)

DOCUMENT MATRIMONIAL PROPERTY

STATEMENT OF

(Indicate name of party

providing statement)

ADDRESS FOR SERVICE AND

CONTACT INFORMATION OF

PARTY FILING THIS DOCUMENT

I, , the in this action, hereby swear or

affirm that:

1. Pursuant to

section 31(1) of the Matrimonial Property Act, the

following is a statement disclosing particulars of all property in

which I have an interest in Alberta and elsewhere, including

property disposed of within one year before the matrimonial

property action was commenced:

Asset (in or out of

Alberta)

Nature of

Interest/

Location

Date

Acquired &

Purchase

Price

Current

Market

Value

(Estimated)

1. Real Estate

(List any interest in

land, including

leasehold interests and

mortgages, whether or

not you are registered

as owner. Provide

legal descriptions and

indicate estimated

market value of your

interest without

deducting

encumbrances or costs

of disposition.)

(Record

encumbrances under

debts.)

2. Vehicles

(List cars, trucks,

motorcycles, trailers,

motor homes, boats,

etc.)

3. Financial Assets

(List savings and

chequing accounts,

cash ,term deposits,

GICs, stocks, bonds,

Canada Savings

Bonds, mutual funds,

insurance policies

(indicate

beneficiaries),

accounts receivable,

securities, etc.)

4. Pensions and

RRSPs

(Indicate name of

institution where

accounts are held,

name and address of

pension plan and

pension details.)

5. Corporate/

Business Interests and

Trust Interests

(List any interest you

hold, directly or

indirectly, in any

corporation,

unincorporated

business, partnership,

trust, joint venture,

etc.)

6. Other

(List anything else of

value that you own,

including money

owing to you,

precious metals,

collections, works of

art, jewellery or

household items of

high value, tools.)

Debt

Particulars/

Name on

Debt

Date Incurred

Balance Owing

1. Secured Debts

(List all mortgages,

lines of credit, car

loans and any other

debt secured against

an asset that you

own. Include name

of creditor/lender)

2. Unsecured Debts

(List all bank loans,

personal loans, lines

of credit, overdrafts,

credit cards and any

other debts that you

have. Include name

of creditor/lender)

3. Other

(List any other debts

that you have,

including debts for

income taxes or

other forms of tax.

Include name of

creditor)

2. I am claiming the following exemptions in the amounts and for the

reasons indicated:

SWORN BEFORE ME at the of )

, in the Province of Alberta, the )

day of , .)

(Commissioner for Oaths )

in and for the Province of Alberta) )

(

b) in the form headed "CERTIFICATE OF LIS

PENDENS" by striking out "A.D. 19__" and

substituting "20__".

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

Alberta Regulation 178/2010

Jury Act

JURY ACT AMENDMENT REGULATION

Filed: October 28, 2010

For information only: Made by the Lieutenant Governor in Council (O.C. 380/2010)

on October 28, 2010 pursuant to

section 8 of the Rules of Court Statutes Amendment

Act, 2009.

1 The Jury Act Regulation (AR 68/83) is amended by this

Regulation.

Section 1 is renumbered as

section 1(1) and the

following is added after subsection (1):

(2) The judicial centres for the purposes of the Act and this

Regulation are the judicial centres set out in the Alberta Rules of

Court (AR 124/2010).

(3) When the Court is sitting in Hinton, the Court is deemed to be

sitting in the judicial centre of Edmonton.

3 This Regulation comes into force on November 1, 2010.

Alberta Regulation 179/2010

Climate Change and Emissions Management Act

RENEWABLE FUELS STANDARD AMENDMENT REGULATION

Filed: October 28, 2010

For information only: Made by the Lieutenant Governor in Council (O.C. 381/2010)

on October 28, 2010 pursuant to

section 60 of the Climate Change Emissions

Management Act.

1 The Renewable Fuels Standard Regulation (AR 29/2010)

is amended by this Regulation.

2 Sections 21(1) and (2) and 22(1) and (2) are amended by

striking out "October 31, 2010" and substituting "March 31,

2011".

Document details

CollectionAlberta — Gazette
Citation15 November 2010
Typegazette
Volume / chapter21 Nov15 Part2
Languageen
Formathtml
SourcePROVINCIAL
Identifierd443a991cb21591412615472cec6900fb38eb282

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