Alberta Gazette — 15 April 2006 (Part II)

15 April 2006

Alberta — Gazette

Alberta Gazette — 15 April 2006 (Part II)

15 April 2006

Alberta — Gazette

Alberta Regulation 62/2006

City Transportation Act

CITY TRANSPORTATION AMENDMENT REGULATION

Filed: March 21, 2006

For information only: Made by the Minister of Infrastructure and Transportation

(M.O. 07/06) on March 15, 2006 pursuant to

section 33 of the City Transportation

Act.

1 The City Transportation Regulation (AR 301/80) is

amended by this Regulation.

Section 10 is amended by striking out "March 31, 2006"

and substituting "March 31, 2007".

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

Alberta Regulation 63/2006

Public Highways Development Act

HIGHWAY DEVELOPMENT CONTROL AMENDMENT REGULATION

Filed: March 21, 2006

For information only: Made by the Minister of Infrastructure and Transportation

(M.O. 08/06) on March 15, 2006 pursuant to

section 25 of the Public Highways

Development Act.

1 The Highway Development Control Regulation

(AR 242/90) is amended by this Regulation.

Section 15 is amended by striking out "March 31, 2006"

and substituting "March 31, 2007".

Alberta Regulation 64/2006

Assured Income for the Severely Handicapped Act

ASSURED INCOME FOR THE SEVERELY HANDICAPPED

AMENDMENT REGULATION

Filed: March 22, 2006

For information only: Made by the Lieutenant Governor in Council (O.C. 117/2006)

on March 22, 2006 pursuant to

section 18 of the Assured Income for the Severely

Handicapped Act.

1 The Assured Income for the Severely Handicapped

Regulation (AR 203/99) is amended by this Regulation.

Section 6 is repealed and the following is substituted:

Exempted assets

6 Subject to

section 7, the value of the following assets are exempt

assets under

section 8(

d) of the Act:

(

a) an insurance settlement used for the replacement of exempt

property within 90 days of the settlement;

(

b) money received under a special compensation program

provided by the Government of Alberta or the Government

of Canada that is designated by the Minister as a program to

which this clause applies or any asset to the extent it was

purchased with that money;

(

c) a locked-in retirement account while the money in the

account cannot be withdrawn by the owner of the account;

(

d) assets held by a trustee in a bankruptcy proceeding;

(

e) a non-commutable annuity that was bought on or before

February 1, 2002;

(

f) assets purchased with a refund of payment under

Part 1,

Division 4.1 of the Alberta Personal Income Tax Act, to the

extent it was purchased with that refund.

Section 9(2)(

b) is amended by adding "Table 1 of " after

"that is payable under".

Schedule 1 is amended

(

a) in

section 1 by adding the following after clause

(i.1):

(i.2) a refund of overpayment under

Part 1, Division 4.1, of

the Alberta Personal Income Tax Act;

(

b) in

section 2(1)(

b) by striking out "section 1" and

substituting "Table 1".

(

c) in

section 2.2(2) by striking out "$1487.50" and

substituting "$1488".

Schedule 2 is amended

(

a) by striking out the heading to

Schedule 2 and

substituting the following:

Schedule 2

Categories and Amounts of

Handicap Benefits

Table 1

Monthly Handicap Benefit

(

b) in Table 1 by repealing

section 1 and substituting

the following:

1(1) The monthly handicap benefit is $950 plus the amount of

the child benefit referred to in subsection (3), less any income

that is not exempt under

Schedule 1.

(2) Effective April 1, 2006, the monthly handicap benefit is

$1000 plus the amount of the child benefit referred to in

subsection (3), less any income that is not exempt under

Schedule 1.

(3) The child benefit is $100 per dependent child payable to

one recipient per household.

(

c) in Table 1,

section 4 by striking out "$175" and

substituting "$265 and the amount of the child benefit

referred to in

section 1(3)";

(

d) by adding the following after

section 4:

Table 2

Personal Benefits

General

1(1) The Director may provide a recipient a personal benefit

under this table where the benefit, or a similar benefit, is not

available to the recipient under another program or by

another source and in the opinion of the Director the benefit

is necessary for the recipient.

(2) The amounts of the allowances for the personal benefits

under this table are to be determined by the Minister.

Special diet/nutritional supplement

2 Where a physician or registered dietitian provides a

written opinion that it is necessary for a recipient or a

recipient's dependent child to follow a special diet, the

Director may provide a monthly allowance for that diet.

Extraordinary transportation

3(1) The Director may provide an allowance for

transportation costs

(

a) where a recipient or a recipient's dependent child,

in the opinion of the Director, has a severe health

problem and needs regular access to insured health

services under the Alberta Health Care Insurance

Act, or

(

b) where a recipient requires access to a day program

or employment program that supports the

recipient's efforts to obtain employment.

(2) The severe health problem referred to in subsection

(1)(

a) must

(

a) be life-threatening, or

(

b) be such that it will leave a permanent debilitating

effect unless the medical treatment is provided.

Remote community allowance

4 The Director may provide an allowance to a recipient who

resides in a permanent community that does not have all-

season road access.

Child care

5(1) The Director may provide, for each dependent child, an

allowance for the costs of subsidized child care in a daycare

or licensed family day home, or for private child care, if

subsidized child care is not available or not appropriate.

(2) This

section applies where no adult member of the

household is able to care for a dependent child of the

recipient because

(

a) of employment,

(

b) of a medical condition,

(

c) of involvement with a training or employment

program,

(

d) of attendance at an approved addictions treatment

program, or

(

e) a physician or a psychologist has determined that

the provision of child care is in the best interests of

the child.

Service animal supplement

6 Where a recipient is in need of a service animal to assist

the recipient in his or her daily life, the Director may provide

a monthly allowance if the animal is certified by a training

organization approved by the Director.

Medical alert service

7 Where a recipient is in need of a medical alert service to

assist in his or her daily life, the Director may provide an

allowance for that purpose.

Community start-up allowance

8(1) Where a recipient has been residing in an institution

and is leaving the institution to establish a residence in the

community, the Director may provide an allowance for the

cost of establishing a residence.

(2) The allowance under subsection (1) may be provided

only once in the lifetime of the recipient unless the Director

determines that an additional allowance may be paid due to

exceptional circumstances.

Exceptional travel

9(1) The Director may provide an allowance to a recipient

where a recipient or a recipient's dependent child must travel

(

a) to receive, on a non-emergency basis, insured

health services under the Alberta Health Care

Insurance Act,

(

b) to appear in court if required by the Government,

(

c) to comply with a court order, or

(

d) at the request of the Director

(2) Where a recipient must travel and it would be

unreasonable to expect a dependent child of the recipient to

accompany the recipient, and no other adult member of the

household is available to provide child care, the Director may

provide an allowance in accordance with

section 5(1) for the

cost of the child care.

(3) The Director may pay allowances under this

section for a

person who is required to accompany

(

a) a recipient, or

(

b) a recipient's dependent child, where the recipient

is unable to accompany the child,

because of the recipient's or the recipient's dependent child's

age or medical condition.

Funeral expenses

10 The Director may pay an allowance for funeral expenses

for recipients or their dependants who die or are buried in

Alberta, where financial resources are inadequate and there

are no other means to pay for the funeral expenses.

Employment and training supports

11 Where a recipient is seeking employment, has a job

offer or is applying for or participating in a training or

employment program approved by the Director, including an

employment preparation program, the Director may provide

an allowance for the following:

(

a) the application, deposit, registration or testing fees

required before the start of classes in an approved

training or employment program;

(

b) the cost of operating a vehicle;

(

c) necessary clothing for work or training or

employment program purposes;

(

d) cost for tools and any other goods or services that

enhance a recipient's employment capabilities.

Medical equipment and supplies

12 Where a recipient or recipient's dependent child requires

medical items that are not covered under any other program

or resource, the Minister may provide an allowance, if a

medical practitioner provides a written opinion that the item

is essential for the medical management of the individual's

condition.

Addictions treatment allowance

13(1) If a recipient requires addiction treatment in a

residential facility that is approved by the Alberta Alcohol

and Drug Abuse Commission, the Director may provide

(

a) a daily allowance for the duration of the treatment

program, and

(

b) an allowance for travel costs outside the recipient's

home community to receive treatment in the

residential facility.

(2) The Director may provide allowances under subsection

(1)(

b) for a person who must accompany the recipient

because of the medical condition or age of the recipient.

Moving allowance

14 The Director may provide an allowance for moving the

recipient's goods, appliances and furniture, where a

residential move is essential under the following

circumstances:

(

a) the recipient or the recipient's spouse or

cohabitating partner is accepting confirmed

full-time employment in Alberta or Canada that

assures the recipient's reasonable future financial

independence;

(

b) the recipient is required to move to living

accommodation that is adapted to that recipient's

or recipient's dependent child's particular

disability;

(

c) the current accommodation is endangering the

health or safety of the recipient or recipient's

dependent child.

Emergency allowance

15 Where, due to circumstances that are beyond the control

of the recipient, the recipient or the recipient's dependent

child is, in the opinion of the Director, in a situation that

presents a serious health or safety risk, and the recipient

cannot wait until the next monthly payment under Table 1,

the Director may provide an allowance to be used for such

things as the following:

(

a) accommodation, food, clothing, child care and

travel;

(

b) essential home and appliance repairs;

(

c) utility arrears that must be paid in order to access

utility services or prevent a disconnection of utility

services;

(

d) goods and services required on an emergency basis

that are not referred to in clauses (a), (

b) and (c).

Escaping abuse

16(1) Where a recipient is establishing a new residence to

escape a situation in which the recipient or recipient's

dependent child is being abused, the Director may provide an

allowance to the recipient

(

a) to establish a new residence,

(

b) to cover moving expenses, and

(

c) for any necessary damage deposit for rental

accommodation.

(2) The allowances under this

section may only be issued

once in the lifetime of the recipient unless the Director

determines that an additional allowance may be paid.

Infant allowance

17 Where a recipient or a recipient's spouse or cohabitating

partner

(

a) is at least 36 weeks pregnant or has given birth and

the infant is not more than 6 months old, or

(

b) has within the last 6 months adopted an infant and

the infant is less than 12 months old,

the Director may provide an allowance for needed infant

items.

Alberta Centennial Education Savings (ACES) Plan

18 The Director may provide a one-time allowance to a

recipient for each dependent child who is eligible for a grant

under the Alberta Centennial Education Savings Plan Act to

establish a registered education savings plan for that child.

Children's school expenses

19 Where a recipient's dependent child is registered in

pre-school or kindergarten or an elementary, junior high or

high school in Alberta, the Director may provide an

allowance for the fees and costs associated with school

attendance.

Specialized clothing supplement

20 The Director may provide a recipient an allowance for

the actual cost of necessary specialized clothing for the

recipient.

Other continuous or non-continuous needs

21 The Minister may, from time to time, provide an

allowance for any other thing or service to the recipient for

the benefit of the recipient or the recipient's dependent child

the Minister considers to be a necessity for such period as the

Minister considers necessary.

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

Alberta Regulation 65/2006

Seniors Benefit Act

GENERAL AMENDMENT REGULATION

Filed: March 22, 2006

For information only: Made by the Lieutenant Governor in Council (O.C. 119/2006)

on March 22, 2006 pursuant to

section 6 of the Seniors Benefit Act.

1 The General Regulation (AR 213/94) is amended by this

Regulation.

Section 1(1) is amended by adding the following after

clause (e):

(e.01) "designated assisted living unit" means the part of a

residential facility approved by the Minister as a designated

assisted living unit where residents are admitted or

discharged by a regional health authority on the basis of

health needs;

Section 3(4) is repealed and the following is substituted:

(4) An individual is not eligible for the accommodation assistance

component of the benefit if

(

a) the individual is not a homeowner and does not pay rent,

(

b) the individual provides services instead of paying rent for an

accommodation shared by a relative or friend, or

(

c) the individual is a status Indian living on an Indian reserve.

4 The

Schedule is amended

(

a) in

section 9(1) by striking out "institution" and

substituting "centre or designated assisted living unit";

(

b) in the Table

(

i) in

Part 1 by adding the following before "All

other Accommodation":

Designated Assisted

Living Unit

Single senior

Senior couple

18.27%

19.01%

$2880

$4320

(ii) in

Part 2 by adding the following after

"Long-term care centre resident":

Designated Assisted

Living Unit

51.39%

34.26%

(iii) in

Part 3

(

A) by striking out "28.27%" and substituting

"43.02%";

(

B) by striking out "$4455" and substituting

"$6780";

(

C) by adding the following after "Long-term

Care Centre":

Designated Assisted

Living Unit

43.02%

$6780

(iv) in the Note by striking out "July 2005" and

substituting "January 2006".

Alberta Regulation 66/2006

Government Organization Act

DESIGNATION AND TRANSFER OF RESPONSIBILITY

AMENDMENT REGULATION

Filed: March 22, 2006

For information only: Made by the Lieutenant Governor in Council (O.C. 122/2006)

on March 22, 2006 pursuant to sections 16 and 17 of the Government Organization

Act.

1 The Designation and Transfer of Responsibility

Regulation (AR 44/2001) is amended by this Regulation.

Section 1(1)(

b) is repealed.

Section 20.1 is amended by adding the following after

subsection (8):

(9) The responsibility for the Queen's Printer Act is transferred to

the Minister of Restructuring and Government Efficiency.

(10) The responsibility for that part of the public service directly

employed in the administration of the Queen's Printer Act, except

position number 00007000 but including position number

00007009, is transferred to the Minister of Restructuring and

Government Efficiency.

4 This Regulation comes into force on April 1, 2006.

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

Alberta Regulation 67/2006

Oil and Gas Conservation Act

ORPHAN FUND DELEGATED ADMINISTRATION

AMENDMENT REGULATION

Filed: March 22, 2006

For information only: Made by the Lieutenant Governor in Council (O.C. 123/2006)

on March 22, 2006 pursuant to

section 77 of the Oil and Gas Conservation Act.

1 The Orphan Fund Delegated Administration Regulation

(AR 45/2001) is amended by this Regulation.

2 Sections 6(2) and 10 are repealed.

Section 11 is amended by striking out "2006" and

substituting "2016".

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

Alberta Regulation 68/2006

Judicature Act

JUSTICES OF THE PEACE COMPENSATION COMMISSION

AMENDMENT REGULATION

Filed: March 22, 2006

For information only: Made by the Lieutenant Governor in Council (O.C. 128/2006)

on March 22, 2006 pursuant to

section 42 of the Judicature Act.

1 The Justices of the Peace Compensation Commission

Regulation (AR 242/2003) is amended by this Regulation.

Section 22 is repealed.

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

Alberta Regulation 69/2006

Administrative Procedures and Jurisdiction Act

DESIGNATION OF CONSTITUTIONAL DECISION MAKERS REGULATION

Filed: March 22, 2006

For information only: Made by the Lieutenant Governor in Council (O.C. 131/2006)

on March 22, 2006 pursuant to

section 16 of the Administrative Procedures and

Jurisdiction Act.

Table of Contents

Definitions

2 Authorization

3 Form of notice

4 Expiry

5 Coming into force

Schedules

Definitions

1 In this Regulation,

(a) "Charter" means the Canadian Charter of Rights and

Freedoms;

(b) "labour arbitrator" means

(

i) a voluntary arbitration board appointed under

Part 2,

Division 15 of the Labour Relations Code;

(ii) a compulsory arbitration board appointed under

Part 2,

Division 16 of the Labour Relations Code;

(iii) a public emergency tribunal established under

Part 2,

Division 18 of the Labour Relations Code;

(iv) an arbitrator, arbitration board or other body referred to

Part 2, Division 22 of the Labour Relations Code;

(

v) a construction industry disputes resolution tribunal

under

Part 3, Division 6 of the Labour Relations Code;

(vi) a compulsory arbitration board established under

Part 6

of the Public Service Employee Relations Act;

(vii) an arbitrator appointed under

Part 7 of the Public

Service Employee Relations Act,

(viii) an interest arbitration board established under

Part 3 of

the Police Officers Collective Bargaining Act;

(ix) an arbitrator, a grievance arbitration board or other body

referred to in

Part 4 under the Police Officers Collective

Bargaining Act;

(c) "Law Society entity" means the Benchers or a panel,

committee or subcommittee of the Benchers or any other

entity established, by or under the Legal Profession Act.

Authorization

2 The decision makers listed in column 1 of the

Schedule have

jurisdiction to determine the questions of constitutional law set out

opposite them in column 2.

Form of notice

3 The notice for the purpose of

section 12(1) of the Act is set out in

Schedule 2.

Expiry

4 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 January 31, 2016.

Coming into force

5 This Regulation comes into force on the coming into force of

section 8 of the Administrative Procedures Amendment Act, 2005.

Schedule 1

Column 1

Column 2

Decision Maker

Jurisdiction

Labour Relations Board

all questions of constitutional law

Alberta Energy and Utilities Board

all questions of constitutional law

Law Society entity

all questions of constitutional law

a human rights panel appointed

under the Human Rights,

Citizenship and Multiculturalism

Act

questions of constitutional law

arising from the federal or

provincial distribution of powers

under the Constitution of Canada

labour arbitrators

all questions of constitutional law

Workers' Compensation Board

questions of constitutional law

arising from the federal or

provincial distribution of powers

under the Constitution of Canada

Appeals Commission established

under the Workers' Compensation

Act

questions of constitutional law

arising from the federal or

provincial distribution of powers

under the Constitution of Canada

Law Enforcement Review Board

questions of constitutional law

relating to the Charter

Alberta Securities Commission

questions of constitutional law

that relate to the Charter or arising

from the federal or provincial

distribution of powers under the

Constitution of Canada

Schedule 2

(Administrative Procedures and

Jurisdiction Act (section 12))

Notice of Question of Constitutional Law

To: The Minister of Justice and Attorney General of Alberta:

To: The Attorney General of Canada:

AND

To: (decision-maker before which question will be raised)

From:

Address:

Phone:

Lawyer (if any):

Date of hearing:

I intend to raise the following question(

s) of constitutional law. Attached

are the details of my argument:

Question(s):

I intend to seek the following relief:

Estimated time needed to call evidence and make arguments before the

decision-maker:

Dated:

Signed:

Details of Argument

Details are to include:

- The grounds to be argued and reasonable particulars of the proposed argument,

including a concise statement of the constitutional principles to be argued,

references to any statutory provision or rule on which reliance will be placed

and any cases or authorities to be relied upon.

- The law in question, the right or freedom alleged to be infringed or denied or the

aboriginal or treaty right to be determined, as the case may be.

- The material and documents that will be filed with the decision-maker.

- List of witnesses intended to be called to give evidence before the

decision-maker and the substance of their proposed testimony.

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

Alberta Regulation 70/2006

Health Insurance Premiums Act

HEALTH INSURANCE PREMIUMS AMENDMENT REGULATION

Filed: March 23, 2006

For information only: Made by the Lieutenant Governor in Council (O.C. 132/2006)

on March 23, 2006 pursuant to

section 2 of the Health Insurance Premiums Act.

1 The Health Insurance Premiums Regulation (AR 217/81)

is amended by this Regulation.

Section 3(2) is amended

(

a) in clause (a)

(

i) by striking out "$12 450" wherever it occurs and

substituting "$17 450";

(ii) by striking out "$15 970" and substituting

"$20 970";

(

b) in clause (b)

(

i) by striking out "$21 200" wherever it occurs and

substituting "$26 200";

(ii) by striking out "$28 240" and substituting

"$33 240";

(

c) in clause (c)

(

i) by striking out "$27 210" wherever it occurs and

substituting "$32 210";

(ii) by striking out "$34 250" and substituting

"$39 250";

(

d) in clause (

d) by striking out "$12 450" and

substituting "$17 450";

(

e) in clause (

e) by striking out "$21 200" and

substituting "$26 200";

(

f) in clause (

f) by striking out "$27 210" and

substituting "$32 210".

3 This Regulation comes into force on April 1, 2006.

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

Alberta Regulation 71/2006

Municipal Government Act

DETERMINATION OF POPULATION AMENDMENT REGULATION

Filed: March 23, 2006

For information only: Made by the Minister of Municipal Affairs (M.O. L:015/06)

on March 16, 2006 pursuant to

section 604 of the Municipal Government Act.

1 The Determination of Population Regulation

(AR 63/2001) is amended by this Regulation.

2 The following is added after

section 4:

Population of Municipality of Crowsnest Pass

4.1(1) Notwithstanding

section 4, for the purpose of the

determination of population under

section 6 of the Police Act, the

area of the Municipality of Crowsnest Pass, instead of being

treated as an entity, shall be treated as if it were the following 6

separate areas:

(

a) the following 4 former municipalities as they existed as of

January 1, 1979, being the date of their amalgamation as the

Municipality of Crowsnest Pass:

(

i) the Town of Blairmore;

(ii) the Town of Coleman;

(iii) the Village of Bellevue;

(iv) the Village of Frank;

(

b) the part of former Improvement District No. 5 that was

included in the Municipality of Crowsnest Pass as of January

1, 1979;

(

c) the part of former Improvement District No. 6 that is now

included in the Municipality of Crowsnest Pass, as it existed

as of January 1, 1996, being the date of its amalgamation

with the Municipality of Crowsnest Pass.

(2) For the purpose of reporting population to the Minister under

this section, the form set out in the

Schedule may be adapted to list

separately the population of each of the 6 areas referred to in

subsection (1).

(3) This

section ceases to apply when the population attributed

under subsection (1) to any of the areas referred to in subsection

(1)(a), (

b) or (

c) exceeds 5000.

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

Alberta Regulation 72/2006

Marketing of Agricultural Products Act

ALBERTA BEEKEEPERS AUTHORIZATION REGULATION

Filed: March 30, 2006

For information only: Made by the Alberta Agricultural Products Marketing Council

on October 13, 2005 pursuant to

section 26 of the Marketing of Agricultural Products

Act and approved by the Minister of Agriculture, Food and Rural Development on

March 22, 2006.

Definitions

1(1) In this Regulation,

(a) "Act" means the Marketing of Agricultural Products Act;

(b) "Commission" means the Alberta Beekeepers;

(c) "Plan" means the Alberta Beekeepers Plan Regulation (AR

/2005);

(d) "producer" means a producer as defined in the Plan;

(e) "regulated product" means regulated product as defined in

the Plan.

(2) Words used in this Regulation that are defined in the Plan have the

same meaning as defined in the Plan.

Regulations made under

section 26 of the Act

2 For the purposes of enabling the Commission to operate the Plan,

the Commission is hereby authorized under

section 26 of the Act to

make regulations

(

a) requiring any person who produces, markets or processes the

regulated product to furnish to the Commission any

information or record relating to the production, marketing or

processing of the regulated product that the Commission

considers necessary,

(

b) providing for

(

i) the assessment, charging and collection of service

charges from producers for the purposes of the Plan,

and

(ii) the taking of legal action to enforce payment of the

service charges,

(

c) providing for the refund of service charges, and

(

d) providing for the use of any class of service charges or other

money payable to or received by the Commission for the

purpose of paying its expenses and administering the Plan

and the regulations made by the Commission.

Expiry

3 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, the

Regulation expires on May 31, 2011.

Alberta Regulation 73/2006

Marketing of Agricultural Products Act

ALBERTA BEEKEEPERS MARKETING REGULATION

Filed: March 30, 2006

For information only: Made by the Alberta Beekeepers on March 27, 2006 pursuant

section 26 of the Marketing of Agricultural Products Act and approved by the

Agricultural Products Marketing Council on March 29, 2006.

Table of Contents

Definitions

2 Service charge

3 Variation of service charge

4 Collection of service charges

5 Refund of service charge

6 Information

7 Use of funds

8 Interest

9 Legal action

10 Expiry

11 Coming into force

Definitions

1(1) In this Regulation,

(a) "Act" means the Marketing of Agricultural Products Act;

(b) "Commission" means the Alberta Beekeepers;

(c) "Plan" means the Alberta Beekeepers Plan Regulation.

(2) Words that are defined in either the Act or the Plan have the same

meaning when used in this Regulation.

Service charge

2 Every producer with 100 or more colonies in Alberta must pay to

the Commission a service charge of $50 plus $0.65 per colony per

year.

Variation of service charge

3 The Commission may vary the amount of the service charge if the

variation of the service charge is approved by the eligible producers at

an annual Commission meeting or a special Commission meeting.

Collection of service charges

4 Each eligible producer must, at the end of each crop year, forward

to the Commission on or before the next September 30 the service

charge that is payable to the Commission in respect of that year.

Refund of service charge

5(1) Any service charge that is paid by or on behalf of a producer

must be refunded to the producer on request of the producer.

(2) A request for a refund of the service charge must

(

a) be made in writing on a form that is provided by or

acceptable to the Commission, and

(

b) contain the following information:

(

i) the producer's name;

(ii) the producer's mailing address and telephone number;

(iii) the number of colonies registered under the Bee Act;

(iv) any specifics of the refund that are requested by the

Commission.

(3) Requests for refunds of service charges must be received by the

Commission at its office prior to the end of October in the same crop

year for which the service charges apply.

(4) Any request for a refund that is not received by the Commission

within the time period specified under subsection (3) will not be

considered by the Commission and the producer will not be entitled to

a refund in respect of the service charges in question.

(5) Notwithstanding subsection (4), the Commission may, if it is

satisfied that extenuating circumstances exist that warrant its doing so,

accept an application for the purpose of making a refund where the

application is received after the time period referred to in subsection

(3).

(6) The Commission must refund the service charges to the producer

within 90 days

(

a) from the end of the period in which the request for a refund

of the service charges is received in accordance with

subsection (3), or

(

b) from the date the request for a refund is accepted under

subsection (5).

Information

6 The Commission may request from a producer the following

information:

(

a) the amount of regulated product marketed by a producer and

the details of the marketing;

(

b) the amount of regulated product marketed by a person and

the manner in which the regulated product is marketed;

(

c) any other general information relating to production and

marketing of the regulated product that the Commission

requires to carry out its purposes under the Act and the Plan.

Use of funds

7 Any funds received by the Commission under the Plan and any

interest that accrues in respect of those funds must be used by the

Commission for the purposes of paying its expenses and administering

the Plan and the regulations.

Interest

8 Interest must be paid to the Commission for any late payment of

service charges at the rate of 1% per month calculated on the balance

due.

Legal action

9 The Commission may commence and maintain any legal action that

is necessary to enforce the payment of service charges that are payable

under the Plan and this Regulation.

Expiry

10 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 May 31, 2011.

Coming into force

11 This Regulation comes into force on April 1, 2006.

Alberta Regulation 74/2006

Provincial Parks Act

FEES AMENDMENT REGULATION

Filed: March 31, 2006

For information only: Made by the Minister of Community Development

(M.O. 07/06) on March 30, 2006 pursuant to sections 9(2) and 12(

p) of the Provincial

Parks Act.

1 The Fees Regulation (AR 301/83) is amended by this

Regulation.

Section 4 is amended

(

a) in clause (

a) by striking out "$10" and substituting

"$25";

(

b) in clause (

b) by striking out "$3" and substituting

"$15".

Section 6 is amended

(

a) by striking out "summer cabin disposition" and

substituting "disposition for a summer cottage lot";

(

b) by repealing clause (

b) and substituting the

following:

(

b) an annual fee of,

(

i) for the first full acre or if the cottage lot is less than

one acre in area, $500 if the cottage lot is located

in Beauvais Lake Provincial Park, Crimson Lake

Provincial Park, Dillberry Lake Provincial Park,

Gooseberry Lake Provincial Park, Kinbrook Island

Provincial Park or Winagami Lake Provincial Park

or $600 if located in Elkwater Townsite in Cypress

Hills Provincial Park, and

(ii) if applicable, for each additional full acre or part of

an acre after the first full acre of any of the cottage

lots referred to in subclause (i), $200,

and

(

c) in clause (

c) by striking out "$2" and substituting

"$3".

Section 7 is amended by repealing clauses (

a) and (

b) and substituting the following:

(

a) an application fee of $200,

(

b) a one-time new disposition fee of $500 payable on the initial

issue of the disposition,

(

c) a timber damage charge as determined by the Minister,

assessed by reference to the estimated value of the timber

that is removed from the land for the purposes of the

disposition, and

(

d) an annual rental fee of $500 for each acre or part of an acre

covered by the disposition.

5 The following is added after

section 7:

Exploration application

7.1 The fees payable in respect of an application to conduct a

seismic program or any other exploration activity in a park or

recreation area, with amendments if applicable, are

(

a) an application fee of $375, and

(

b) an additional fee of $175 for each amendment made to

an application after the initial application is submitted.

Section 8 is amended

(

a) in clause (

a) by striking out "$50" and substituting

"$200";

(

b) in clause (b)(

i) by striking out "$100" and

substituting "$250";

(

c) in clause (b)(ii) by striking out "$50" and

substituting "$100";

(

d) by adding "and" at the end of clause (b)(ii) and

adding the following at the end of the section:

(

c) a timber damage charge as referred to in

section 7(

c) and determined by the Minister.

Section 9(1)(

b) is amended by striking out "$25" and

substituting "$50".

Section 10(

a) is amended by striking out "$10" and

substituting "$50".

Section 11 is amended

(

a) in subsection (1)

(

i) by adding "of land or, if applicable, of buildings and

improvements without land" after "miscellaneous

lease";

(ii) in clause (b)(i), (ii) and (iv) by striking out

"leased";

(

b) by repealing subsections (2) and (3) and

substituting the following:

(2) For the purposes of subsection (1)(b), the market value of

the land may be determined, at the Minister's option,

(

a) by reference to the valuation assessed by the

relevant municipality for property tax purposes, or

(

b) by an appraisal or by some other determination of

market value effected by or on behalf of the

Minister.

Section 11.1 is amended

(

a) by renumbering it as

section 11.1(1);

(

b) in subsection (1)

(

i) in clause (c)(

i) by striking out "$25" and

substituting "$50";

(ii) in clause (c)(ii)(

A) by striking out "$25" and

substituting "$100";

(iii) in clause (c)(ii)(

B) by striking out "$5" and

substituting "$50";

(iv) by repealing clause (c)(iii)(A), (

B) and (

C) and

substituting the following:

(A) $10 per kilometre in the case of a roadway not

exceeding 15 metres in width,

(B) $15 per kilometre in the case of a roadway of more

than 15 metres but not more than 18 metres in

width,

(C) $20 per kilometre in the case of a roadway of more

than 18 metres in width, and

(

D) a timber damage charge arising from the

construction of a roadway, assessed as referred to

section 7(

c) and as determined by the Minister;

(

v) in clause (c)(

v) by striking out "$1 per acre" and

substituting "$50 per intake site";

(vi) in clause (c)(vi) by striking out "$100" and

substituting "$150";

(vii) in clause (c)(viii)(

B) by striking out "$5" and

substituting "$25";

(

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

(2) The fees payable in respect of a licence of occupation for a

trapper's cabin in a park or recreation area are

(

a) an application fee of $25, and

(

b) an annual land use fee of $25.

Section 11.2(

b) is amended by striking out "$10" and

substituting "$25".

Section 11.3 is amended

(

a) in clause (

b) by striking out "$100 plus an additional

$10" and substituting "$250 plus an additional $25";

(

b) by adding the following after clause (b):

(b.1) for the assignment of a mineral surface lease, a fee of

$100;

13 The following is added after

section 11.3:

Amendment of a disposition

11.4 The fee payable in respect of an amendment to any

disposition for which an amendment fee has not otherwise been

specified in this Regulation is $50.

Disposition inspection

11.5 If any deficiency is noted during a first inspection of a

disposition and the deficiency is such that one or more

subsequent inspections is or are required to ensure the deficiency

has been corrected, the fee for each such subsequent inspection

related to the deficiency is $250.

Reclamation inspection and certificate

11.6 The fee in respect of a reclamation inspection and the

issue of a reclamation certificate is $300.

Section 15 is amended

(

a) in clause (

a) by striking out "$25 to $65" and

substituting "$35 to $75";

(

b) by repealing clause (

b) and substituting the

following:

(

b) to camp in a group area per night is the fee established

by written directive of the Minister,

(

c) in clause (

c) by striking out "$17" and substituting

"$20";

(

d) in clause (

d) by striking out "$3" and substituting

"$8".

Section 16 is amended

(

a) by adding "of services" after "provision";

(

b) in clause (

a) by striking out "$3" and substituting

"$5 per service";

(

c) in clause (

b) by striking out "$3" and substituting

"$5".

Section 20 is repealed and the following is substituted:

Fees for guide and instruction permits

20 The Minister may by written directive

(

a) provide for fees in respect of permits authorizing

persons to act as guides or to conduct courses of paid

instruction in outdoor activities in parks and recreation

areas, and

(

b) for that purpose, classify such permits and provide for

different fees for different classes.

17 The following is added after

section 21:

Special events

21.1 The Minister may by written directive establish fees for

special events in parks and recreation areas.

18 This Regulation comes into force on April 1, 2006.

AR 64/2006 ASSURED INCOME FOR THE SEVERELY HANDICAPPED

AR 65/2006 SENIORS BENEFIT

AR 67/2006 OIL AND GAS CONSERVATION

AR 69/2006 ADMINISTRATIVE PROCEDURES AND JURISDICTION

AR 70/2006 HEALTH INSURANCE PREMIUMS

AR 71/2006 MUNICIPAL GOVERNMENT

AR 72/2006 MARKETING OF AGRICULTURAL PRODUCTS

AR 73/2006 MARKETING OF AGRICULTURAL PRODUCTS

AR 74/2006 PROVINCIAL PARKS

Document details

CollectionAlberta — Gazette
Citation15 April 2006
Typegazette
Volume / chapter07 Apr15 Part2
Languageen
Formathtml
SourcePROVINCIAL
Identifierd87bdd6039cffa254fa828b006fbb4a113b16412

Source file is stored in the law ingest library (html).