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".