Alberta Regulation 222/2010

Government Organization Act

MUNICIPAL AFFAIRS GRANTS AMENDMENT REGULATION

Filed: December 16, 2010

For information only: Made by the Lieutenant Governor in Council (O.C. 475/2010)

on December 16, 2010 pursuant to

section 13 of the Government Organization Act.

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

amended by this Regulation.

Schedule 2 is amended in

section 1(3) by striking out "in

each of 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009 and 2010"

and substituting "in each of the years from 2002 to 2015, both

inclusive,".

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Alberta Regulation 223/2010

Safety Codes Act

PERMIT AMENDMENT REGULATION

Filed: December 16, 2010

For information only: Made by the Lieutenant Governor in Council (O.C. 478/2010)

on December 16, 2010 pursuant to

section 65 of the Safety Codes Act.

1 The Permit Regulation (AR 204/2007) is amended by this

Regulation.

Section 6 is amended

(

a) in subsection (3)

(

i) by repealing clause (

a) and substituting the

following:

(

a) subject to subsection (3.1), construction, including

a renovation or an addition, that does not exceed

$5000 in prevailing market value if matters

affecting health or safety are not at risk;

(ii) by adding the following after clause (c):

(

d) construction of, including a renovation of or an

addition to, a stage if the platform of the stage is

not more than 1200 mm higher than the adjacent

surface on any side;

(

e) construction of, including a renovation of or an

addition to, a tent that is located

(

i) on property that is

(

A) designated for residential use by

municipal land use bylaws, and

(

B) used for residential purposes,

(ii) on a campsite or campground or more than

3 m from any other structure if the tent

(

A) does not cover, and is not part of a

group of tents that collectively cover,

more than 60 m2 of ground, and

(

B) does not contain, and is not intended to

contain, commercial cooking equipment.

(

b) by adding the following after subsection (3):

(3.1) Subsection (3)(

a) does not apply to the construction of,

including a renovation of or an addition to,

(

a) a stage,

(

b) an overhead structure that is used or intended to be used

in conjunction with a stage, or

(

c) a tent.

Section 20(

g) is amended by striking out "and" at the end

of subclause (i), adding "and" at the end of subclause (ii)

and adding the following after subclause (ii):

(iii) if a structure is to be installed on a temporary basis, as

determined by the permit issuer, state the period for which

the structure will be installed,

Alberta Regulation 224/2010

Senatorial Selection Act

Local Authorities Election Act

SENATORIAL SELECTION AND LOCAL AUTHORITIES ELECTION

FORMS AMENDMENT REGULATION

Filed: December 16, 2010

For information only: Made by the Lieutenant Governor in Council (O.C. 479/2010)

on December 16, 2010 pursuant to

section 29 of the Senatorial Selection Act.

1 The Senatorial Selection and Local Authorities Election

Forms Regulation (AR 115/2005) is amended by this

Regulation.

Section 1 is amended

(

a) in clause (a)

(

i) by striking out "11 to 14, 17, 19 and 20" and

substituting "11, 12, 13, 16, 18 and 19";

(ii) by striking out "(AR 378/2003)" and substituting

"(AR 106/2007)";

(

b) in clause (b)

(

i) by striking out "15, 16 and 18" and substituting

"14, 15 and 17";

(ii) by striking out "(AR 378/2003)" and substituting

"(AR 106/2007)";

(

c) in clause (

c) by striking out "(AR 378/2003)" and

substituting "(AR 106/2007)".

Section 2 is amended by striking out "December 31, 2010"

and substituting "December 31, 2015".

Alberta Regulation 225/2010

Post-secondary Learning Act

ATHABASCA UNIVERSITY AMENDMENT REGULATION

Filed: December 16, 2010

For information only: Made by the Lieutenant Governor in Council (O.C. 482/2010)

on December 16, 2010 pursuant to sections 33, 34 and 35 of the Post-secondary

Learning Act.

1 The Athabasca University Regulation (AR 50/2004) is

amended by this Regulation.

2 Sections 3(1)(c)(

v) and 10(1)(g)(

v) are amended by

striking out "the graduate students" and substituting "The

Graduate Students Association of Athabasca University".

Section 13 is amended by striking out "facilities" and

substituting "faculties".

Section 16 is amended by striking out "January 31, 2011"

and substituting "January 31, 2013".

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Alberta Regulation 226/2010

Post-secondary Learning Act

LAND USE AMENDMENT REGULATION

Filed: December 16, 2010

For information only: Made by the Lieutenant Governor in Council (O.C. 483/2010)

on December 16, 2010 pursuant to sections 121 and 124 of the Post-secondary

Learning Act.

1 The Land Use Regulation (AR 54/2004) is amended by

this Regulation.

Section 12 is amended by striking out "January 31, 2011"

and substituting "May 31, 2013".

Alberta Regulation 227/2010

Post-secondary Learning Act

MODEL PROVISIONS AMENDMENT REGULATION

Filed: December 16, 2010

For information only: Made by the Lieutenant Governor in Council (O.C. 484/2010)

on December 16, 2010 pursuant to sections 87, 88, 92, 96 and 124 of the

Post-secondary Learning Act.

1 The Model Provisions Regulation (AR 53/2004) is

amended by this Regulation.

Section 6 is amended by striking out "January 31, 2011"

and substituting "September 30, 2013".

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Alberta Regulation 228/2010

Professional and Occupational Associations Registration Act

LANDSCAPE ARCHITECTS REGULATION

Filed: December 16, 2010

For information only: Made by the Alberta Association of Landscape Architects on

February 25, 2010 pursuant to the Professional and Occupational Associations

Registration Act and approved by the Lieutenant Governor in Council

(O.C. 491/2010) on December 16, 2010 pursuant to sections 9 and 14 of the

Professional and Occupational Associations Registration Act.

Table of Contents

Definitions

2 Registration Committee

3 Registers

4 Powers and duties of Registration Committee

5 Review of application

6 Registration as landscape architect

7 Certificate of registration

8 Fees for annual renewal

9 Annual membership card

10 Practice Review Committee

11 Powers and duties of Practice Review Committee

12 Reports and recommendations

13 Discipline Committee

14 Costs

15 Cancellation and suspension

16 Cancellation on request

17 Non-payment of fees, etc.

18 Registration in error

19 Use of title

20 Code of ethics

21 Transitional

22 Expiry

Schedule

Definitions

1 In this Regulation,

(a) "Act" means the Professional and Occupational Associations

Registration Act;

(b) "Association" means the Alberta Association of Landscape

Architects;

(c) "Association Registrar" means the Registrar of the

Association appointed under the bylaws;

(d) "Board" means the Board of Directors of the Association

established under the bylaws;

(e) "bylaws" means the bylaws of the Association;

(f) "Discipline Committee" means the Discipline Committee

established under

section 13;

(g) "landscape architect" means a person whose name is entered

in the register of landscape architects;

(h) "practice of landscape architecture" means the analysis,

planning, design, management and rehabilitation of the

outdoor environment for the purpose of development,

restoration, preservation, conservation and enhancement of

such environment;

(i) "Practice Review Committee" means the Practice Review

Committee established under

section 10;

(j) "Registration Committee" means the Registration Committee

established under

section 2.

Registration Committee

2(1) The Registration Committee is established consisting of at least 3

landscape architects who are not members of the Board, one of whom

must be appointed by the Board as chair in accordance with the

bylaws.

(2) The members of the Registration Committee must be appointed by

the Board in accordance with the bylaws.

(3) A quorum at a meeting of the Registration Committee is 3 of its

members.

Registers

3(1) The Association Registrar must maintain, in accordance with this

Regulation and the bylaws, and subject to the direction of the Board, a

register of landscape architects.

(2) The Association Registrar must enter in the register

(

a) the name of an individual who has paid the fee prescribed by

the bylaws and whose registration has been approved by the

Registration Committee or the Board, and

(

b) the business address of that individual or, if the business

address is not in Alberta, an address in Alberta at which

notices of any kind may be effectively given or served on

that individual.

Powers and duties of Registration Committee

4(1) The Registration Committee must consider applications from

persons to become landscape architects in accordance with this

Regulation and the bylaws and may

(

a) approve the registration,

(

b) refuse to approve the registration, or

(

c) defer approval until the applicant has satisfied the

requirements under

section 6.

(2) The Registration Committee must send a written notice of any

decision made by it to the applicant.

(3) If the decision made by the Registration Committee is to refuse the

registration of the applicant, the Registration Committee must send the

applicant written reasons for the decision.

Review of application

5(1) An applicant whose application for registration is refused by the

Registration Committee may, by notice in writing served on the

Association Registrar within 30 days of receiving a notice of refusal

and the reasons for it, appeal the refusal to the Board.

(2) The notice of appeal must set out the reasons why, in the

applicant's opinion, the application for registration should be

approved.

(3) An applicant who appeals a decision of the Registration

Committee under this

section

(

a) must be notified in writing by the Association Registrar of

the date, place and time that the Board is to hear the appeal,

and

(

b) is entitled to appear with a lawyer or an agent and make

representations to the Board when it hears the appeal.

(4) On hearing an appeal under this section, the Board may make any

decision the Registration Committee may make, and must give written

notice of its decision to the applicant.

Registration as landscape architect

6 An applicant is entitled to be registered as a landscape architect if

the applicant provides proof of good character and reputation

acceptable to the Registration Committee, pays the registration fee

prescribed in the bylaws and either

(

a) produces documentation that satisfies the Registration

Committee that the applicant

(

i) has obtained

(

A) a degree in landscape architecture recognized by

the Board, or

(

B) a combination of education, experience,

examinations or other qualifications that

demonstrate the competence required for

registration,

(ii) has obtained at least 3 years of practical experience in

the practice of landscape architecture under the

supervision of a landscape architect within the 5 years

immediately preceding the application, and

(iii) has successfully completed the entrance examination

approved by the Board,

(

b) the applicant is registered and in good standing with a

professional regulatory organization under

an Act of another

province or territory of Canada to perform an occupation

that, in the opinion of the Board, is substantially equivalent,

in terms of scope of practice and competencies, to that of a

Landscape Architect.

Certificate of registration

7 On entering the name of a person in the register of landscape

architects, the Association Registrar must issue a certificate of

registration to that person.

Fees for annual renewal

8(1) A landscape architect must pay the annual fee prescribed by the

bylaws to the Association Registrar or to any person authorized by the

Association Registrar to accept payment of the fee.

(2) A landscape architect who applies for a renewal of registration

after the annual renewal date prescribed by the Board must pay the late

renewal fee prescribed by the bylaws to the Association Registrar or to

any person authorized by the Association Registrar to accept payment

of the fee.

(3) The Board may waive, in whole or in part, a late renewal fee

imposed under subsection (2) on being satisfied that it is appropriate to

do so in the circumstances.

Annual membership card

9(1) The Association Registrar must issue an annual membership card

to a landscape architect

(

a) whose registration is not under suspension or cancelled, and

(

b) who has paid the fees required under

section 8.

(2) An annual membership card expires on the date prescribed in the

bylaws.

Practice Review Committee

10(1) The Practice Review Committee is established consisting of 3

landscape architects who are not members of the Board, one of whom

must be appointed by the Board as chair in accordance with the

bylaws.

(2) The members of the Practice Review Committee must be

appointed by the Board in accordance with the bylaws.

(3) The Practice Review Committee must meet at the call of the chair.

(4) A quorum at a meeting of the Practice Review Committee is 3

members.

Powers and duties of Practice Review Committee

11 The Practice Review Committee must, at the request of the Board,

inquire into and report to and advise the Board in respect of

(

a) the assessment and development of educational standards and

experience requirements that are conditions precedent to

registration as a landscape architect,

(

b) the evaluation of desirable standards of competence of

landscape architects generally,

(

c) any other matter that the Board from time to time considers

necessary or appropriate in connection with the exercise of

its powers and the performance of its duties in relation to

competence in the practice of landscape architecture under

this Regulation, and

(

d) the practice of landscape architecture generally.

Reports and recommendations

12 After each inquiry under

section 11, the Practice Review

Committee

(

a) must make a written report to the Board on the inquiry, and

(

b) may make recommendations to the Board regarding the

matter inquired into, together with reasons for the

recommendations.

Discipline Committee

13(1) The Discipline Committee is established consisting of 3

landscape architects who are not members of the Board, one of whom

must be appointed by the Board as chair in accordance with the

bylaws.

(2) The members of the Discipline Committee must be appointed by

the Board in accordance with the bylaws.

(3) The Discipline Committee must meet at the call of the chair.

(4) A quorum at a meeting of the Discipline Committee is 3 members.

Costs

14 In accordance with

section 34 of the Act, the Discipline

Committee may, with respect to hearings before it and reviews by the

Board, order the investigated person to pay the following costs:

(

a) the fee payable to the lawyer advising the Discipline

Committee or Board at the hearing or review and the fee

payable to the lawyer acting in a prosecutory role at the

hearing or review;

(

b) the cost of recording the evidence and preparing transcripts;

(

c) the expenses of the members constituting the Discipline

Committee, including, without limitation, the daily

allowances of those members;

(

d) any other expenses incurred by the Association that are

incidental to the hearing or review.

Cancellation and suspension

15(1) The registration of a landscape architect is cancelled or

suspended when the decision to cancel or suspend the registration is

made in accordance with the Act or this Regulation.

(2) The Association Registrar must enter a memorandum of the

cancellation or suspension of the registration in the appropriate register

indicating

(

a) the date of the cancellation or suspension,

(

b) the period of the suspension, and

(

c) the nature of any finding under

Part 3 of the Act.

(3) If the registration of a landscape architect is cancelled, the person

whose registration is cancelled must, on request, surrender to the

Association Registrar all documents and materials relating to the

registration.

Cancellation on request

16 The Association Registrar must not cancel the registration of a

landscape architect at the request of the landscape architect unless the

request for cancellation is approved by the Board.

Non-payment of fees, etc.

17(1) The Board must direct the Association Registrar to suspend or

cancel the registration of a landscape architect who is in default of

payment of annual fees, penalties, costs or any other fees, dues or

levies payable under the Act, this Regulation or the bylaws after the

expiration of 30 days following the service on that person of a written

notice by the Board unless that person complies with the notice.

(2) The notice under subsection (1) must state that the Association

Registrar will suspend or cancel the registration unless the fees,

penalties, costs, dues or levies are paid as indicated in the notice.

Registration in error

18 The Board must direct the Association Registrar to cancel the

registration of any person that is entered in error in a register.

Use of title

19 A landscape architect may use the title "Landscape Architect" and

the abbreviations "L.A." and "LA".

Code of ethics

20 The code of ethics of the Association is the code of ethics in the

Schedule.

Transitional

21 The Association Registrar must enter in the register of landscape

architects the name of a person who, on the coming into force of this

Regulation, is registered as a landscape architect under the bylaws of

the Association.

Expiry

22 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 November 30, 2015.

Schedule

Code of Ethics

Conduct

1 A landscape architect must conduct himself or herself in a

professional, ethical and responsible manner.

Duty to public

2 A landscape architect must consider the health, safety and welfare

of the members of the public who will use the landscape architect's

products and designs.

Duty to clients and employers

3 A landscape architect must provide a professional level of service

to his or her clients and employers.

Duty to consider environment

4 A landscape architect must consider the stewardship, protection,

preservation and enhancement of the natural environment.

Competence

5 A landscape architect must undertake only such professional work

that the landscape architect is competent to perform by virtue of his or

her training and experience.

Continuing education

6 A landscape architect must maintain and upgrade the knowledge

and skills necessary to carry out his or her professional work.

Conflict

7 A landscape architect must not place himself or herself in a conflict

of interest with his or her client or employer and must disclose to the

client or employer any situation where a conflict of interest exists or

may arise.

Confidentiality

8 A landscape architect must hold in confidence information obtained

during the course of his or her work unless disclosure is permitted by

the client or required by the Act, any other enactment or by order of a

court.

Integrity of the profession

9 A landscape architect must refrain from engaging in any practices

that detract from the professional image of the Association or its

members.

Alberta Regulation 229/2010

Government Organization Act

GAMING GRANTS AMENDMENT REGULATION

Filed: December 16, 2010

For information only: Made by the Lieutenant Governor in Council (O.C. 494/2010)

on December 16, 2010 pursuant to

section 13 of the Government Organization Act.

1 The Gaming Grants Regulation (AR 29/2004) is amended

by this Regulation.

Section 1 is amended by striking out "Minister of Gaming"

and substituting "Minister of Aboriginal Relations".

Section 12 is amended by striking out "February 28, 2011"

and substituting "February 29, 2016".

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Alberta Regulation 230/2010

Environmental Protection and Enhancement Act

TIRE DESIGNATION AMENDMENT REGULATION

Filed: December 17, 2010

For information only: Made by the Lieutenant Governor in Council (O.C. 493/2010)

on December 16, 2010 pursuant to

section 175 of the Environmental Protection and

Enhancement Act.

1 The Tire Designation Regulation (AR 95/2004) is

amended by this Regulation.

Section 2 is amended by adding "(AR 93/2004)" after

"Regulation".

Section 3 is amended by striking out "is $4" and

substituting "(AR 93/2004) is the relevant amount prescribed in the

Schedule".

4 The following is added after

section 6:

Schedule

Maximum Advance Disposal

Surcharges For Tires

CATEGORY OF TIRE

MAXIMUM

SURCHARGE

1. Medium Truck Tires:

Tires with rim sizes greater than 19.5 inches for use

on larger vehicles licensed for highway use

(including semi-trailer transport trucks, buses and

trailers)

2. Industrial/Off-the-Road (OTR) Tires:

Tires used on industrial (non-agricultural) vehicles

or industrial non-agricultural equipment that are not

licensed for highway use (including excavation,

hauling, loading, logging and materials handling

equipment):

(

a) small OTR Tires, with rim sizes up to 24

inches

$40

(

b) medium OTR Tires, with rim sizes greater

than 24 inches but not greater than 33

inches

$100

(

c) large OTR Tires, with rim sizes greater

than 33 inches

$200

3. All other tires (including passenger car and light

truck tires, all other tires for vehicles licensed for

highway use, all-terrain vehicles tires, forklift tires

and skid-steer (Bobcat) tires) except farm tires used

on agricultural vehicles, agricultural implements

and agricultural equipment that are not licensed for

highway use

5 This Regulation comes into force on April 1, 2011.

Alberta Regulation 231/2010

Wildlife Act

WILDLIFE,

SCHEDULE TO THE ACT

(2010) AMENDMENT REGULATION

Filed: December 22, 2010

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

(M.O. 39/2010) on December 7, 2010 pursuant to

section 103(1)(

j) of the Wildlife

Act.

1 The

Schedule to the Wildlife Act is amended by this

Regulation.

2 Item 1 is amended

(

a) by adding the following sentence at the end of

subitem 3:

This subitem prevails in the event of any conflict with the

exception in subitem 10.

(

b) by repealing subitem 10 and substituting the

following:

10 A restricted firearm or a prohibited firearm of a kind that is

a handgun for whose possession the holding of a licence and a

registration certificate is required by the Criminal Code

(Canada), except where a person

(

a) uses the handgun to kill an animal caught in a trap, or

(

b) is in possession of that handgun only for a purpose

incidental to that use or the reasonable expectation of

that use.

(

c) by adding the following after subitem 11:

[NOTE: In subitem 10, "restricted firearm", "prohibited

firearm", "licence", "registration certificate" and "handgun"

have the meanings contained in

section 84 of the Criminal

Code (Canada) (excluding a handgun that is deemed not to be a

firearm by subsection 84(3) of that Code).]

Alberta Regulation 232/2010

Public Sector Pension Plans Act

SPECIAL FORCES PENSION PLAN (COLA ADJUSTMENT, 2010)

AMENDMENT REGULATION

Filed: December 31, 2010

For information only: Made by the Special Forces Pension Board on December 17,

2010 pursuant to

Schedule 4,

section 4(9) of the Public Sector Pension Plans Act.

1 The Special Forces Pension Plan (AR 369/93) is

amended by this Regulation.

Section 78.2 is amended

(

a) in subsection (1)

(

i) by striking out "Pension" and substituting

"Subject to subsections (9) and (10), pension";

(ii) by striking out "(6)" and substituting "(7)";

(

b) by adding the following after subsection (8):

(9) Pensions are increased relative to that part of the pensions

that is payable with respect to pensionable service occurring

after 2000 except that, for the purposes of this subsection,

section 75(5)(

b) is to be treated as reading "1 + .3X" instead of

"1+.6X".

(10) Subsection (9) is to be treated as having come into force

on January 1, 2011.