Alberta Regulation 97/2009

Safety Codes Act

PRESSURE WELDERS AMENDMENT REGULATION

Filed: April 16, 2009

For information only: Made by the Lieutenant Governor in Council (O.C. 183/2009)

on April 16, 2009 pursuant to

section 65 of the Safety Codes Act.

1 The Pressure Welders Regulation (AR 169/2002) is

amended by this Regulation.

Section 8(3) is repealed and the following is substituted:

(3) The expiry date of a Grade C Pressure Welder Certificate of

Competency must be no later than 12 months following the date it is

issued unless the holder of the certificate meets the requirements of

section 12(1)(b).

(3.1) The expiry date of a Grade C Pressure Welder Certificate of

Competency issued to a candidate who meets the requirements of

section 12(1)(

b) must be no later than 24 months following the date

it was issued.

Section 9(2) is amended by striking out "or" at the end of

clause (b), by adding "or" at the end of clause (

c) and by

adding the following after clause (c):

(

d) hold a trade certificate, as defined in

section 1(o)(ii) of the

Apprenticeship and Industry Training Act, in the trade of

welder.

4 The following is added after

section 9:

Grade B equivalents

9.1 If the Administrator determines that a person holds a certificate

from a jurisdiction outside Alberta that is equivalent to a Grade B

Pressure Welder Certificate of Competency issued under this

Regulation, the Administrator may, on application, issue an

equivalent certificate of competency.

Section 10(2) is repealed and the following is

substituted:

(2) To qualify to take a Grade C Pressure Welder Certificate of

Competency examination, a candidate's employer or prospective

employer must satisfy a safety codes officer that the candidate has

(

a) engaged in welding in Alberta for a period and of a type of

welding acceptable to the Administrator, or

(

b) engaged in welding outside Alberta for a period of 36 months

and holds a pressure welder qualification issued by a

jurisdiction outside Alberta.

Section 11 is amended

(

a) by striking out "welding" wherever it occurs and

substituting "welder";

(

b) by adding "program" after "apprentice's apprenticeship".

Section 12 is repealed and the following is substituted:

Grade C equivalents

12(1) Pursuant to

section 42 of the Act, a Grade C Pressure Welder

Certificate of Competency may be issued to a person coming into

Alberta

(

a) who has, in the opinion of the Administrator, experience and

qualifications equivalent to the holder of a Grade B Pressure

Welder Certificate of Competency if the person's employer

(

i) applies to the Administrator on a form satisfactory to

the Administrator, and

(ii) certifies in writing to the Administrator that the welding

to be performed is of an urgent nature,

(

b) who has, notwithstanding

section 10,

(

i) a Journeyman Welder's Red Seal Certificate of

Competency from a Canadian jurisdiction outside

Alberta or a trade certificate, as defined in

section

1(o)(ii) of the Apprenticeship and Industry Training

Act, in the trade of welder,

(ii) a valid pressure welder certificate of competency from a

Canadian jurisdiction outside Alberta that is acceptable

to the Administrator, and

(iii) a valid performance qualification certification from a

Canadian jurisdiction outside Alberta that is acceptable

to the Administrator.

(2) Despite

section 8, a Grade C Pressure Welder Certificate of

Competency issued under subsection (1)(

a) may not be issued for a

term exceeding 10 working days.

Section 21(1)(

b) is repealed and the following is

substituted:

(

b) the welding procedure in respect of which a performance

qualification test is to be conducted has been accepted and

registered in accordance with

section 27 of the Pressure

Equipment Safety Regulation (AR 49/2006),

Section 25 is amended by striking out "September 30, 2009"

and substituting "May 31, 2010".

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

Alberta Regulation 98/2009

Seniors Benefit Act

SENIORS BENEFIT ACT GENERAL AMENDMENT REGULATION

Filed: April 16, 2009

For information only: Made by the Lieutenant Governor in Council (O.C. 195/2009)

on April 16, 2009 pursuant to

section 6 of the Seniors Benefit Act.

1 The Seniors Benefit Act General Regulation (AR 213/94)

is amended by this Regulation.

2 The

Schedule is amended in the Table

(

a) by repealing Parts 1 and 2 and substituting the

following:

Part 1

Accommodation and

Relationship Category

Percentage

Maximum Annual

Cash Benefit

Homeowner

Single senior

Senior couple

20.03%

20.15%

$3360

$5040

Renter

Single senior

Senior couple

20.03%

20.15%

$3360

$5040

Lodge Resident

Single senior

Senior couple

20.03%

20.15%

$3360

$5040

Long-term Care

Centre

Single senior

Senior couple

20.03%

20.15%

$3360

$5040

Designated Assisted

Living Unit

Single senior

Senior couple

20.03%

20.15%

$3360

$5040

All other

Accommodation

Single senior

Senior couple

13.95%

18.71%

$2340

$4680

Part 2

Accommodation

Assistance Only

(Seniors not eligible

for OAS)

Percentage of Benefit

(as calculated above)

Single senior

Senior couple

Homeowner

Renter

Lodge resident

Long-term care centre

resident

51.34%

51.34%

51.34%

51.34%

34.23%

34.23%

34.23%

34.23%

Designated Assisted

Living Unit

51.34%

34.23%

(

b) in the Note by striking out "October 2008" and

substituting "April 2009".

Alberta Regulation 99/2009

Health Professions Act

DISCLOSURE OF INFORMATION AMENDMENT REGULATION

Filed: April 16, 2009

For information only: Made by the Lieutenant Governor in Council (O.C. 203/2009)

on April 16, 2009 pursuant to

section 134 of the Health Professions Act.

1 The Disclosure of Information Regulation (AR 196/2004)

is amended by this Regulation.

Section 1 is repealed and the following is substituted:

Requirement to provide information

1 For the purposes of

section 33(4)(

b) of the Health Professions

Act, a regulated member of a college must provide the information

respecting the member set out in the

Schedule to the registrar of the

college.

Section 2 is amended by striking out "of health planning and

delivery" and substituting "set out in that section".

4 Sections 3, 4 and 5 are repealed and the following is

substituted:

Disclosure of information

3 The Minister may disclose information pursuant to

section 122 of

the Health Professions Act

(

a) to a regulated member where the disclosure is necessary to

enable the regulated member to provide a health service,

(

b) to an individual who provides a health service if

(

i) the individual is governed by a regulatory body, where

the regulatory body is established or governed pursuant

to an Alberta enactment, and

(ii) the disclosure is necessary to enable the individual to

provide a health service,

(

c) to a college if the college provided the information to the

Minister under

section 122 of the Health Professions Act,

(

d) to a custodian, as defined in the Health Information Act, and

(

e) to any province or organization with which the Government

of Alberta has entered into an agreement to share

information.

Section 7 is repealed.

6 The following is added after

section 8:

Schedule

(

a) the member's date of birth;

(

b) the member's gender;

(

c) the following information respecting each of the regulated

member's education credentials:

(

i) the type of credentials;

(ii) the year the credentials were granted;

(iii) the name of the institution that granted the credentials

and the country in which the institution is located;

(

d) the information respecting the member that the registrar must

enter in the register under

section 33(3) of the Health

Professions Act including,

(

i) in respect of

section 33(3)(

c) of the Health Professions

Act, if any conditions have been imposed on the

member's practice permit, the details of those

conditions, the date the conditions were imposed and

the date the conditions are to expire, if applicable,

(ii) in respect of

section 33(3)(

f) of the Health Professions

Act, if the member is authorized to provide a restricted

activity not normally provided by regulated members of

the college, what that restricted activity is, the date the

restricted activity was authorized and the date the

authorization is to expire, if applicable,

(iii) in respect of

section 33(3)(

g) of the Health Professions

Act, if the member is not authorized to provide a

restricted activity that is normally provided by regulated

members of the college, what that restricted activity is,

the date the prohibition was imposed and the date the

prohibition is to expire, if applicable, and

(iv) category of register.

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

Alberta Regulation 100/2009

Provincial Offences Procedure Act

PROCEDURES (SUSTAINABLE RESOURCE DEVELOPMENT)

AMENDMENT REGULATION

Filed: April 16, 2009

For information only: Made by the Lieutenant Governor in Council (O.C. 204/2009)

on April 16, 2009 pursuant to

section 42 of the Provincial Offences Procedure Act.

1 The Procedures Regulation (AR 233/89) is amended by

this Regulation.

Schedule 2,

Part 4 is amended

(

a) by adding the following after item 7:

7.1

10.2(1)

7.2

10.2(2)

(

b) by adding the following after item 28:

28.1

15.7(1)

28.2

15.8(1)(a)

28.3

15.8(1)(b)

28.4

15.8(2)

(

c) by adding the following after item 39:

39.1

25.1(1)

39.2

25.1(2)

Schedule 2,

Part 22 is amended by adding the following

after item 30:

30.1

81.1(4)

Schedule 2,

Part 23 is amended

(

a) by repealing item 2 and substituting the following:

98(4), (6), (6.1) or (7)

(

b) by adding the following after item 7:

7.1

103.1

(

c) by repealing item 8;

(

d) by repealing item 9 and substituting the following:

105(1)

9.1

105(2)

9.2

105(3)

(

e) by repealing item 15 and substituting the following:

120(2)

(

f) by adding the following after item 19:

19.1

126(1.1) or (1.2)

(

g) by adding the following after item 27:

27.1

130(2.01), (2.1), (3.1),

(4.1) or (4.2)

(

h) by repealing item 28 and substituting the following:

132(1)

(

i) by repealing item 31.

Schedule 2,

Part 23.1 is amended by repealing item 1

and substituting the following:

18(1)

Alberta Regulation 101/2009

Teachers' Pension Plans Act

TEACHERS' AND PRIVATE SCHOOL TEACHERS' PENSION PLANS

(CONTRIBUTION RATES 2009) AMENDMENT REGULATION

Filed: April 22, 2009

For information only: Made by the Alberta Teachers' Retirement Fund Board on

April 21, 2009 pursuant to

section 16(2) and (6) of the Teachers' Pension Plans Act.

1 The Teachers' and Private School Teachers' Pension

Plans (AR 203/95) are amended by this Regulation.

Schedule 1 is amended by sections 3 to 6 of this

Regulation.

Section 10(2) is amended

(

a) in clause (

a) by striking out "5.65%" and substituting

"6.02%";

(

b) in clause (

b) by striking out "10.07%" and

substituting "9.47%".

Section 11 is amended by striking out "1.56%" and

substituting "2.03%".

Section 12 is repealed.

Section 13 is amended

(

a) in clause (

a) by striking out "6.92%," and

substituting "7.02%, and";

(

b) in clause (

b) by striking out "1.47%, and" and

substituting "1.91%,";

(

c) by repealing clause (c).

Schedule 2 is amended by sections 8 to 10 of this

Regulation.

Section 10 is amended

(

a) in clause (a)

(

i) by striking out "7.46%" and substituting

"7.63%";

(ii) by striking out "5.65%" and substituting

"6.02%";

(

b) in clause (b)

(

i) by striking out "10.69%" and substituting

"10.91%";

(ii) by striking out "10.07%" and substituting

"9.47%".

9 Sections 11 and 12 are repealed and the following is

substituted:

Members' contributions for post-August 1992 liabilities

11 Whenever a contributing active member makes current service

contributions, that member shall also make contributions for

unfunded liabilities attributable to pensionable service after August

31, 1992, under

section 16(6) of the Act, at the rate of 0.00% of the

pensionable salary paid.

Section 13 is amended

(

a) in clause (

a) by striking out "7.83%" and substituting

"8.08%";

(

b) in clause (

b) by striking out "0.08%" and

substituting "0.00%".

11 This Regulation comes into force on September 1,

Alberta Regulation 102/2009

Public Sector Pension Plans Act

LOCAL AUTHORITIES PENSION PLAN ("GOOD SAM"

EMPLOYEES, 2009) AMENDMENT REGULATION

Filed: April 22, 2009

For information only: Made by the Lieutenant Governor in Council (O.C. 205/2009)

on April 22, 2009 pursuant to

section 4,

Schedule 1 of the Public Sector Pension

Plans Act.

1 The Local Authorities Pension Plan (AR 366/93) is

amended by this Regulation.

Section 3(7) is amended by striking out "and (ii)" and

substituting ", (ii) and (iii)".

Section 10(

j) is amended

(

a) in subclause (i)

(

i) by striking out "are and,";

(ii) by striking out "are or";

(iii) by striking out "and" at the end;

(

b) by repealing subclause (ii) and substituting the

following:

(ii) have at any time had money deducted from their

paycheques and remitted as if they were participants,

and

(iii) prior to the date that is 90 days after the filing under the

Regulations Act of the Local Authorities Pension Plan

("Good Sam" Employees, 2009) Amendment

Regulation,

(

A) sent the Minister a signed opting-in declaration in

the form set by the Minister, or

(

B) ceased or had previously ceased to be employed by

that Society,

with respect to the periods in respect of which those

remittances occurred and thereafter (except in the case of

employees referred to in paragraph (B)) so long as they

remain or to the extent that they remained continuously

employed by that Society.

4 This Regulation is retroactive to the extent necessary to

achieve its purposes with respect to each person affected

by it.

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

Alberta Regulation 103/2009

Public Sector Pension Plans Act

MEPP AND PSPP (TRAVEL ALBERTA) AMENDMENT REGULATION

Filed: April 22, 2009

For information only: Made by the Lieutenant Governor in Council (O.C. 206/2009)

on April 22, 2009 pursuant to

section 4, Schedules 2 and 5 of the Public Sector

Pension Plans Act.

Part 1

Management Employees

Pension Plan

1 The Management Employees Pension Plan (AR 367/93) is

amended by this Part.

Schedule 2 is amended in

Part 2 by adding the following

after clause (m):

(m.1) Travel Alberta,

Part 2

Public Service Pension Plan

3 The Public Service Pension Plan (AR 368/93) is amended

by this Part.

Schedule 2 is amended in

Part 2 by adding the following

after item 23:

24 Travel Alberta.

Part 3

General

5 This Regulation is deemed to have come into force on

April 1, 2009.

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

Alberta Regulation 104/2009

Business Corporations Act

BUSINESS CORPORATIONS AMENDMENT REGULATION

Filed: April 22, 2009

For information only: Made by the Lieutenant Governor in Council (O.C. 210/2009)

on April 22, 2009 pursuant to

section 293.3 of the Business Corporations Act.

1 The Business Corporations Regulation (AR 118/2000) is

amended by this Regulation.

2 The following is added before

section 1:

Part 1

General

Section 17(2) is repealed and the following is

substituted:

(2) Subsection (1) does not apply to

(

a) a corporation that has as its name a designated number

assigned under

section 11, 13(3) or 210(4)(

d) of the Act, or

(

b) an extra-provincial corporation that has as its name a number

name.

Section 18 is repealed and the following is substituted:

Number as name

18 Where the Registrar assigns as a name a designated number

under

section 11, 13(3) or 210(4)(

d) of the Act, the name must be the

corporation's file number followed by

(

a) Alberta, and

(

b) a legal element referred to in

section 10(3) or 15.4 of the Act.

Section 20(

c) is amended by adding "digital imaging,"

before "microfilming".

6 Sections 28 to 30 are repealed and the following is

substituted:

Part 2

Special Rules Respecting

Extra-provincial Matters

Division 1

Interpretation and Designations

Definitions

28 In this Part,

(a) "agreement" means an agreement under

section 293.2 of the

Act;

(b) "designated extra-provincial corporation" means an

extra-provincial corporation designated under

section 29(2);

(c) "designated extra-provincial registrar" means an

extra-provincial registrar designated under

section 29(1);

(d) "home jurisdiction", in respect of a designated

extra-provincial corporation, means the jurisdiction

(

i) in which the designated extra-provincial corporation is

incorporated,

(ii) in which the designated extra-provincial corporation is

continued, or

(iii) in which the designated extra-provincial corporation is

amalgamated;

(e) "registered corporation" means a corporation that is

registered in the jurisdiction of a designated extra-provincial

registrar.

Designations

29(1) The Registrar of Companies appointed under the Business

Corporations Act, SBC 2002, c.57 is designated as an

extra-provincial registrar to which this Regulation applies.

(2) Those extra-provincial corporations that are companies as

defined in the Business Corporations Act, SBC 2002, c.57 are

designated as extra-provincial corporations to which this Regulation

applies.

Division 2

Alberta Corporations

Registration in jurisdiction of designated extra-provincial registrar

30(1) A corporation may request the Registrar to act under this

Division in respect of the corporation's application for registration in

the jurisdiction of a designated extra-provincial registrar.

(2) A request under subsection (1) must be accompanied with the

information, documents and fees required under the legislation of the

jurisdiction of the designated extra-provincial registrar.

Maintaining registration

31(1) A registered corporation may request the Registrar to act

under this Division in respect of extra-provincial matters in the

jurisdiction of a designated extra-provincial registrar in which the

registered corporation is registered.

(2) A request under subsection (1) must be accompanied with the

information, documents and fees required under the legislation of the

jurisdiction of the designated extra-provincial registrar.

Requests, information and documents

32(1) A request, information and documents submitted by a

corporation under

section 30 or a registered corporation under

section 31 must

(

a) be in the form, including an electronic format, established by

the Registrar, and

(

b) if the Registrar has not established an electronic format,

comply with

section 20.

(2) If the Registrar considers that a request, information or a

document submitted under this Division contains extraneous

information, the Registrar may reject the request, information or

document.

(3) On receipt of a request under

section 30(1) or 31(1), the

Registrar shall, forthwith, compile any information and documents

from the Registrar's records that the applicable agreement requires

the Registrar to provide to the designated extra-provincial registrar.

(4) The Registrar shall, in accordance with the applicable

agreement, transmit to the designated extra-provincial registrar

(

a) the information, documents and fees submitted to the

Registrar under this Division, and

(

b) the information and documents compiled under subsection

(3).

Provision of other information to designated extra-provincial registrar

33(1) Where a registered corporation submits information or a

document to the Registrar under the Act, the Registrar shall, if

required by the applicable agreement,

(

a) transmit the information or document to the designated

extra-provincial registrar, and

(

b) take any other action respecting the information or document

that is specified in the applicable agreement.

(2) Where the Registrar takes action with respect to a registered

corporation under the Act, the Registrar shall, if required by the

applicable agreement,

(

a) transmit to the designated extra-provincial registrar

information respecting the action taken, and

(

b) take any other action respecting the information that is

specified in the applicable agreement.

(3) The Registrar may act under subsection (1) or (2) whether or not

the registered corporation has made a request under

section 31(1).

Division 3

Designated Extra-provincial Corporations

Registrations and filings of designated extra-provincial corporations

34 A designated extra-provincial corporation may not apply for

registration or submit information or documents for filing under

Part

21 of the Act except in accordance with this Division.

Registration

35(1) A designated extra-provincial corporation may apply to the

Registrar to be registered under

Part 21 of the Act.

(2) An application referred to in subsection (1) must

(

a) be submitted to the designated extra-provincial registrar, and

(

b) be accompanied with the following information and

documents:

(

i) if the name of the designated extra-provincial

corporation contravenes

section 282 of the Act, the

assumed name of the designated extra-provincial

corporation;

(ii) if the designated extra-provincial corporation does not

have as its name a number name, the number and date

of an Alberta Search Report from the NUANS (Newly

Upgraded Automated Name Search) system maintained

days prior to the date of the application;

(iii) the address of the head office of the designated

extra-provincial corporation;

(iv) the appointment of the designated extra-provincial

corporation's attorney for service and, if applicable,

alternative attorney for service, including the attorney's

and alternative attorney's name, firm name, physical

address and, if different from the physical address,

mailing address.

(3) Subject to

section 282 of the Act, if the Registrar is satisfied that

all of the information and documents necessary for a designated

extra-provincial corporation to register under

Part 21 of the Act have

been received in the form specified in the applicable agreement, the

Registrar shall

(

a) file the information and documents, and

(

b) register the designated extra-provincial corporation and issue

a certificate of registration for the designated extra-provincial

corporation.

Head office

36(1) If a designated extra-provincial corporation has a registered

office in its home jurisdiction, the designated extra-provincial

corporation may specify the address of its registered office as the

address of its head office.

(2) If a registered designated extra-provincial corporation that has

specified the address of its registered office as the address of its head

office ceases to have a registered office in its home jurisdiction, the

address of the former registered office continues to be the address of

the head office in the records of the Registrar until the head office is

changed in accordance with

section 40.

Attorney for service

37(1) A designated extra-provincial corporation may appoint an

individual as its alternative attorney if that individual is

(

a) a member of a partnership of which the attorney is also a

member, or

(

b) an assistant manager of the designated extra-provincial

corporation and the attorney is the manager for Alberta of the

designated extra-provincial corporation.

(2) A designated extra-provincial corporation shall ensure that the

address of its attorney is an office that is

(

a) accessible to the public during normal business hours, and

(

b) readily identifiable from the physical address.

Changes in name

38(1) If a registered designated extra-provincial corporation

changes its name, it shall, within one month after the effective date

of the change, give notice to the Registrar that it has changed its

name.

(2) A notice referred to in subsection (1) must

(

a) be submitted to the designated extra-provincial registrar,

(

b) if the new name contravenes

section 282 of the Act, include

the new assumed name of the designated extra-provincial

corporation, and

(

c) if the designated extra-provincial corporation does not have

as its name a number name, include the number and date of

an Alberta Search Report from the NUANS (Newly

Upgraded Automated Name Search) system maintained by

prior to the date the notice is given.

(3) Subject to

section 282 of the Act, if the Registrar is satisfied that

all of the information and documents necessary for a registered

designated extra-provincial corporation to change its name have

been received in the form specified in the applicable agreement, the

Registrar shall issue a certificate of amendment of registration and

change the Registrar's records accordingly.

Cancellation of assumed name

39(1) A registered designated extra-provincial corporation that has

assumed a name pursuant to

section 283(1) of the Act may apply to

the Registrar to cancel its assumed name and carry on business in

Alberta under the name in which it was registered.

(2) An application referred to in subsection (1)

(

a) must be submitted to the designated extra-provincial

registrar, and

(

b) if the designated extra-provincial corporation does not have

as its name a number name, must be accompanied with the

number and date of an Alberta Search Report from the

NUANS (Newly Upgraded Automated Name Search) system

than 90 days prior to the date of the application.

(3) Subject to

section 282 of the Act, if the Registrar is satisfied that

all of the information and documents necessary for a designated

extra-provincial corporation to cancel its assumed name have been

received in the form specified in the applicable agreement, the

Registrar may issue a certificate of cancellation of assumed name.

(4) If the Registrar approves the application referred to in subsection

(1), the registered designated extra-provincial corporation may carry

on business in Alberta under the name in which it was registered.

Changes in head office

40(1) If a registered designated extra-provincial corporation

changes its head office, it shall, within one month after the effective

date of the change, give notice of the change in head office to the

Registrar.

(2) The notice referred to in subsection (1) must

(

a) be submitted to the designated extra-provincial registrar, and

(

b) include the address of the new head office.

(3) If the Registrar is satisfied that all of the information and

documents necessary for a registered designated extra-provincial

corporation to change its head office have been received in the form

specified in the applicable agreement, the Registrar shall file the

information and documents.

Changes in attorney for service

41(1) If an attorney of a registered designated extra-provincial

corporation dies or resigns or the attorney's appointment is revoked,

the registered designated extra-provincial corporation shall forthwith

give the Registrar notice of an appointment of an individual as its

attorney for service.

(2) A registered designated extra-provincial corporation shall give

the Registrar a notice of any change in the name, firm name or

address of its attorney or alternative attorney.

(3) An attorney for a registered designated extra-provincial

corporation who intends to resign shall

(

a) give not less than 60 days' notice to the registered designated

extra-provincial corporation at its head office, and

(

b) give the Registrar a copy of the notice.

(4) A notice under subsection (1), (2) or (3) must

(

a) be submitted to the designated extra-provincial registrar, and

(

b) include the attorney's and any alternative attorney's name,

firm name, physical address and, if different from the

physical address, mailing address.

(5) If the Registrar is satisfied that all of the information and

documents necessary for a registered designated extra-provincial

corporation to change its attorney for service have been received in

the form specified in the applicable agreement, the Registrar shall

file the information and documents.

Instrument of amalgamation

42(1) If a registered designated extra-provincial corporation

amalgamates with one or more designated extra-provincial

corporations or other extra-provincial corporations, the registered

designated extra-provincial corporation shall, within one month after

the effective date of the amalgamation, give notice to the Registrar

of the amalgamation.

(2) A notice referred to in subsection (1) must

(

a) be submitted to the designated extra-provincial registrar, and

(

b) be accompanied with the following information and

documents:

(

i) if the name of the amalgamated designated

extra-provincial corporation contravenes

section 282 of

the Act, the assumed name of the amalgamated

designated extra-provincial corporation;

(ii) if the amalgamated designated extra-provincial

corporation does not have a number name, the number

and date of an Alberta Search Report from the NUANS

(Newly Upgraded Automated Name Search) system

more than 90 days prior to the date of the application;

(iii) the address of the head office of the amalgamated

designated extra-provincial corporation;

(iv) the appointment of the amalgamated designated

extra-provincial corporation's attorney for service and,

if applicable, alternative attorney for service, including

the attorney's and alternative attorney's name, firm

name, physical address and, if different from the

physical address, mailing address.

(3) Subject to

section 282 of the Act, if the Registrar is satisfied that

all of the information and documents necessary to register the

amalgamated designated extra-provincial corporation have been

received in the form specified in the applicable agreement, the

Registrar shall

(

a) file the information and documents, and

(

b) issue a new certificate of registration of the amalgamated

designated extra-provincial corporation.

Application to cancel registration

43(1) A registered designated extra-provincial corporation that

ceases to carry on business in Alberta may apply to cancel its

registration.

(2) An application referred to in subsection (1) must

(

a) be submitted to the designated extra-provincial registrar, and

(

b) contain a statement that the registered designated

extra-provincial corporation has ceased to carry on business

in Alberta.

Cancellation of registration without notice

44(1) The Registrar may, without notice, cancel the registration of a

designated extra-provincial corporation if the designated

extra-provincial corporation

(

a) has applied to cancel its registration,

(

b) has continued out of or amalgamated out of its home

jurisdiction,

(

c) is dissolved, or

(

d) does not comply with a direction of the Registrar under

section 282(2) of the Act.

(2) The reinstatement or revival of a designated extra-provincial

corporation in its home jurisdiction does not affect the cancellation

of the designated extra-provincial corporation's registration.

Cancellation of registration with notice

45(1) The Registrar may cancel the registration of a designated

extra-provincial corporation if the designated extra-provincial

corporation

(

a) does not have an attorney for service,

(

b) does not carry out an undertaking given in accordance with

this Regulation, or

(

c) has otherwise contravened

Part 21 of the Act or this

Regulation.

(2) The Registrar shall not cancel the registration of a designated

extra-provincial corporation under subsection (1) until

(

a) the Registrar has given at least 120 days' notice of the

proposed cancellation with the Registrar's reasons for it

(

i) to the designated extra-provincial corporation by mail

addressed to its head office, and

(ii) to its attorney by mail addressed to the attorney,

(

b) the Registrar has published a notice of the proposed

cancellation in the Registrar's periodical or The Alberta

Gazette, and

(

c) either no appeal is commenced under

section 247 of the Act

or, if an appeal has been commenced, it has been

discontinued or the Registrar's decision is confirmed on the

appeal.

(3) A notice of a proposed cancellation sent by ordinary mail to a

registered designated extra-provincial corporation or to its attorney

in accordance with subsection (2) is deemed to have been received at

the time it would be delivered in the ordinary course of mail despite

the fact that it is returned as undeliverable.

Cancellation of registration of extra-provincial corporation

46 The Registrar may, without notice, cancel the registration of an

extra-provincial corporation that has become a designated

extra-provincial corporation.

Liability for obligations

47 The cancellation of the registration of a designated

extra-provincial corporation under

section 44 or 45 or of an

extra-provincial corporation under

section 46 does not affect the

liability of the designated extra-provincial corporation or of the

extra-provincial corporation for its obligations.

Collection of information

48(1) The Registrar may collect from a designated extra-provincial

registrar any information or documents specified in the applicable

agreement that are submitted to or held by the designated

extra-provincial registrar, including, without limitation, information

and documents respecting the following:

(

a) the application for registration of a designated

extra-provincial corporation;

(

b) a change in the name of a registered designated

extra-provincial corporation;

(

c) the application of a registered designated extra-provincial

corporation to cancel its assumed name;

(

d) a change in the head office of a registered designated

extra-provincial corporation;

(

e) a change in the attorney for service of a registered designated

extra-provincial corporation;

(

f) a notice of an amalgamation given by a registered designated

extra-provincial corporation;

(

g) the application of a registered designated extra-provincial

corporation to cancel its registration;

(

h) the dissolution of a registered designated extra-provincial

corporation;

(

i) a registered designated extra-provincial corporation's

continuance out of its home jurisdiction;

(

j) a correction of information or documents relating to a

registered designated extra-provincial corporation.

(2) The Registrar may file any information or documents collected

under subsection (1).

Complete information required

49 The Registrar may decline to file any information or document

or to issue any document in respect of any matter relating to a

designated extra-provincial corporation, including, without

limitation, the registration of the designated extra-provincial

corporation, until the Registrar has received from the designated

extra-provincial registrar, in the form specified in the applicable

agreement, the information and documents relating to the matter

(

a) required to be submitted to the designated extra-provincial

registrar by the designated extra-provincial corporation, and

(

b) that the Registrar requires that are held by the designated

extra-provincial registrar.

Form of information

50 An application, request, notice, information or document

required to be submitted to a designated extra-provincial registrar

under this Regulation must be in the form or electronic format

established by the designated extra-provincial registrar.

Certificates

51 The Registrar shall send any certificate issued in respect of a

designated extra-provincial corporation under this Division to

(

a) the attorney for service of the designated extra-provincial

corporation, or

(

b) where there is no attorney for service, the head office of the

designated extra-provincial corporation.

Certificate as evidence

52 A certificate of registration issued under

section 35(3)(

b) to a

designated extra-provincial corporation or under

section 42(3)(

b) to

an amalgamated designated extra-provincial corporation is

conclusive proof for the purposes of the Act and for all other

purposes that the provisions of the Act and this Regulation in respect

of registration of the designated extra-provincial corporation or

amalgamated designated extra-provincial corporation and all

requirements precedent and incidental to registration have been

complied with, and that the designated extra-provincial corporation

or amalgamated designated extra-provincial corporation has been

registered under

Part 21 of the Act as of the date shown in the

certificate of registration.

Original Alberta Search Report

53 A designated extra-provincial corporation shall maintain the

original of each Alberta Search Report from the NUANS (Newly

Upgraded Automated Name Search) system maintained by the

provide it to the Registrar on request.

Fee exemption

54 A designated extra-provincial corporation is exempt from the

requirement to pay a fee in respect of its application for registration

or the filing of information and documents related to its registration

under

Part 21 of the Act.

Application of provisions of Act

55 Sections 280, 283(4), 284 to 286, 288(1) to (6) and 289 to 292

of the Act do not apply in respect of a designated extra-provincial

corporation.

Part 3

Expiry

Expiry

56 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 June 30, 2015.

7 This Regulation comes into force on April 27, 2009.

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

Alberta Regulation 105/2009

Partnership Act

PARTNERSHIP REGULATIONS

Filed: April 22, 2009

For information only: Made by the Lieutenant Governor in Council (O.C. 211/2009)

on April 22, 2009 pursuant to sections 80.1 and 104.1 of the Partnership Act.

Table of Contents

1 Definition

Part 1

General

2 Format requirements

3 Designation of jurisdictions

4 Annual report of LLPs

5 Names of Alberta LLPs

Part 2

Special Rules Respecting

Extra-provincial Matters

Definitions

Division 1

Designations

7 Designations

Division 2

Alberta Limited Partnerships and Alberta LLPs

8 Registrations in jurisdiction of designated extra-provincial registrar

9 Maintaining registration

10 Requests, information and documents

11 Provision of other information to designated extra-provincial

registrar

Division 3

Designated Extra-provincial

Limited Partnerships and Designated

Extra-provincial Limited Liability Partnerships

Designated Extra-provincial Limited Partnerships

12 Registrations and filings of designated extra-provincial limited

partnerships

13 Registration

14 Changes in name

15 Changes respecting general partner

16 Application to cancel registration

17 Cancellation of registration without notice

18 Application of provisions of Act

Designated Extra-provincial Limited Liability Partnerships

19 Registrations and filings of designated extra-provincial limited

liability partnerships

20 Registration

21 Head office

22 Attorney for service

23 Partnership list

24 Changes in name

25 Changes in head office

26 Changes in attorney for service

27 Application to cancel registration

28 Cancellation of registration without notice

29 Cancellation of registration with notice

30 Notice to and service on a designated extra-provincial limited

liability partnership

31 Application of provisions of Act

General Matters

32 Collection of information

33 Complete information required

34 Form of information

35 Registration statement and certificate of registration

36 Fee exemption

Transitional

37 Transitional

Part 3

Repeal, Expiry and

Coming into Force

38 Repeal

39 Expiry

40 Coming into force

Definition

1 In this Regulation, "Act" means the Partnership Act.

Part 1

General

Format requirements

2 A form or other document filed with the Registrar in other than an

electronic format must

(

a) be printed or typewritten on good quality white paper 21.5

cm by 28 cm,

(

b) be legible, and

(

c) be suitable for digital imaging, microfilming and

photocopying.

Designation of jurisdictions

3 The following jurisdictions are designated for the purposes of

section 52(2) of the Act in respect of the registration of limited

partnerships:

(

a) any province or territory of Canada;

(

b) any state of the United States of America;

(

c) the United Kingdom.

Annual report of LLPs

4(1) For the purposes of subsection (2), the anniversary month of an

Alberta LLP and an extra-provincial LLP is the month in which the

certificate of registration under

Part 3 of the Act was issued by the

Registrar.

(2) An Alberta LLP and an extra-provincial LLP shall annually, not

later than the last day of the month immediately following the

anniversary month, file with the Registrar, in a format and manner

approved by the Registrar, a return setting out any changes in respect

to the following information:

(

a) the name and residential address of the partner who is

designated as the representative of the partnership in respect

to matters relating to the partnership;

(

b) the address of the registered office of the partnership;

(

c) the separate post office box, if any, designated as the

partnership's address for service by mail.

Names of Alberta LLPs

5(1) The name of an Alberta LLP must contain the legal element

"LLP" or its abbreviation "LLP" or "Soci‚t‚ … Responsabilit‚ Limit‚e"

or its abbreviation "SRL", and where the name contains the legal

element "LLP" or its abbreviation "LLP", the name must end with that

legal element.

(2) The name of an Alberta LLP may not be

(

a) identical to the name of any other Alberta LLP or any

extra-provincial LLP registered in Alberta, or

(

b) so similar to the name of any other Alberta LLP or any

extra-provincial LLP registered in Alberta that the only

difference is in respect to the legal element.

(3) If, through inadvertence or otherwise, an Alberta LLP is registered

with a name that does not comply with this section, the Registrar may,

by notice in writing to the partnership, direct the partnership to change

its name to one that complies with this

section within 60 days of the

date of the notice.

Part 2

Special Rules Respecting

Extra-provincial Matters

Definitions

6 In this Part,

(a) "agreement" means an agreement under

section 80.1 or 104.1

of the Act, as the case may be;

(b) "Alberta limited partnership" means a limited partnership

formed in Alberta;

(c) "designated extra-provincial limited liability partnership"

means a partnership designated under

section 7(3);

(d) "designated extra-provincial limited partnership" means a

partnership designated under

section 7(2);

(e) "designated extra-provincial registrar" means an

extra-provincial registrar designated under

section 7(1);

(f) "registered Alberta limited partnership" means an Alberta

limited partnership that is registered in the jurisdiction of a

designated extra-provincial registrar;

(g) "registered Alberta LLP" means an Alberta LLP that is

registered in the jurisdiction of a designated extra-provincial

registrar;

(h) "registered designated extra-provincial limited liability

partnership" means an extra-provincial limited liability

partnership that is registered under

section 104.1 of the Act;

(j) "registered designated extra-provincial limited partnership"

means an extra-provincial limited partnership that is

registered under

section 80.1 of the Act.

Division 1

Designations

Designations

7(1) The registrar as defined in the Partnership Act, RSBC 1996,

c348 is designated as an extra-provincial registrar to which this Part

applies.

(2) Those extra-provincial limited partnerships that are formed under

the Partnership Act, RSBC 1996, c348 are designated as

extra-provincial limited partnerships to which this Part applies.

(3) Those extra-provincial limited liability partnerships that are

registered as limited liability partnerships under the Partnership Act,

RSBC 1996, c348 are designated as extra-provincial limited liability

partnerships to which this Part applies.

Division 2

Alberta Limited Partnerships and

Alberta LLPs

Registration in jurisdiction of designated

extra-provincial registrar

8(1) An Alberta limited partnership or an Alberta LLP may request

the Registrar to act under this Division in respect of the Alberta limited

partnership's or Alberta LLP's application for registration in the

jurisdiction of a designated extra-provincial registrar.

(2) A request under subsection (1) must be accompanied with the

information, documents and fees required under the legislation of the

jurisdiction of the designated extra-provincial registrar.

Maintaining registration

9(1) A registered Alberta limited partnership or a registered Alberta

LLP may request the Registrar to act under this Division in respect of

extra-provincial matters in the jurisdiction of a designated

extra-provincial registrar in which the registered Alberta limited

partnership or the registered Alberta LLP is registered.

(2) A request under subsection (1) must be accompanied with the

information, documents and fees required under the legislation of the

jurisdiction of the designated extra-provincial registrar.

Requests, information and documents

10(1) A request, information and documents submitted under

section

8 or 9 must

(

a) be in the form, including an electronic format, established by

the Registrar, and

(

b) if the Registrar has not established an electronic format,

comply with

section 2.

(2) If the Registrar considers that a request, information or a document

submitted under this Division contains extraneous information, the

Registrar may reject the request, information or document.

(3) On receipt of a request under

section 8(1) or 9(1), the Registrar

shall, forthwith, compile any information and documents from the

Registrar's records that the applicable agreement requires the Registrar

to provide to the designated extra-provincial registrar.

(4) The Registrar shall, in accordance with the applicable agreement,

transmit to the designated extra-provincial registrar

(

a) the information, documents and fees submitted to the

Registrar under this Division, and

(

b) the information and documents compiled under subsection

(3).

Provision of other information to designated

extra-provincial registrar

11(1) Where a registered Alberta limited partnership or registered

Alberta LLP submits information or a document to the Registrar under

the Act, the Registrar shall, if required by the applicable agreement,

(

a) transmit the information or document to the designated

extra-provincial registrar, and

(

b) take other action respecting the information or document that

is specified in the applicable agreement.

(2) Where the Registrar takes action with respect to a registered

Alberta limited partnership or registered Alberta LLP under the Act,

the Registrar shall, if required by the applicable agreement,

(

a) transmit to the designated extra-provincial registrar

information respecting the action, and

(

b) take any other action respecting the information that is

specified in the applicable agreement.

(3) The Registrar may act under subsection (1) or (2) whether or not

the registered Alberta limited partnership or registered Alberta LLP

has made a request under

section 9.

Division 3

Designated Extra-provincial Limited

Partnerships and Designated

Extra-provincial Limited Liability

Partnerships

Designated Extra-provincial

Limited Partnerships

Registrations and filings of designated

extra-provincial limited partnerships

12 A designated extra-provincial limited partnership may not apply

for registration or submit information or documents for filing under the

Act except in accordance with this Division.

Registration

13(1) A designated extra-provincial limited partnership may apply to

the Registrar to be registered as an extra-provincial limited partnership.

(2) An application referred to in subsection (1) must be submitted to

the designated extra-provincial registrar.

(3) If the Registrar is satisfied that all of the information and

documents necessary for a designated extra-provincial limited

partnership to be registered as an extra-provincial limited partnership

have been received from the designated extra-provincial registrar in the

form specified in the applicable agreement, the Registrar may

(

a) file the information and documents, and

(

b) register the designated extra-provincial limited partnership

and issue a registration statement.

(4) A firm registered as a designated extra-provincial limited

partnership under subsection (3) has the same rights and is subject to

the same duties, restrictions and liabilities under the Act as a firm

formed as a limited partnership under

section 52(1) of the Act.

Changes in name

14(1) If a registered designated extra-provincial limited partnership

changes its name, it shall within one month after the effective date of

the change give notice to the Registrar that it has changed its name.

(2) A notice referred to in subsection (1) must be submitted to the

designated extra-provincial registrar.

Changes respecting general partner

15(1) A registered designated extra-provincial limited partnership

shall give the Registrar notice of

(

a) a person becoming or ceasing to be a general partner, or

(

b) a change in the name or address of any of its general

partners.

(2) A notice referred to in subsection (1) must be submitted to the

designated extra-provincial registrar.

Application to cancel registration

16(1) A registered designated extra-provincial limited partnership that

ceases to carry on business in Alberta may apply to cancel its

registration.

(2) An application referred to in subsection (1) must

(

a) be submitted to the designated extra-provincial registrar, and

(

b) contain a statement that the registered designated

extra-provincial limited partnership has ceased to carry on

business in Alberta.

Cancellation of registration without notice

17 The Registrar may, without notice, cancel the registration of a

designated extra-provincial limited partnership

(

a) if the designated extra-provincial limited partnership has

applied to cancel its registration,

(

b) on the dissolution of the designated extra-provincial limited

partnership in the jurisdiction in which it was formed, or

(

c) on the cancellation of the registration of the designated

extra-provincial limited partnership in the jurisdiction in

which it was formed.

Application of provisions of Act

18 Sections 52 and 69 to 72 of the Act do not apply to a designated

extra-provincial limited partnership.

Designated Extra-provincial Limited

Liability Partnerships

Registrations and filings of designated

extra-provincial limited liability partnerships

19 A designated extra-provincial limited liability partnership may not

apply for registration or submit information or a document for filing

under the Act except in accordance with this Division.

Registration

20(1) A designated extra-provincial limited liability partnership may

apply to the Registrar to be registered as an extra-provincial limited

liability partnership.

(2) Subsection (1) does not apply where the Alberta governing body

of any of the eligible professions in which the partners in the

partnership carry on practice has passed a rule or bylaw prohibiting

persons who carry on practice in the eligible profession from doing so

in a limited liability partnership under the Act.

(3) An application referred to in subsection (1) must

(

a) be submitted to the designated extra-provincial registrar, and

(

b) include the following information and documents:

(

i) the eligible profession or professions in which the

partners carry on practice or, if the partners do not carry

on practice in an eligible profession, the other business

of the partners;

(ii) if the partners are engaged in an eligible profession,

confirmation that the designated extra-provincial limited

liability partnership possesses a current statement that

meets the requirements of

section 94(3)(b)(ii) of the

Act;

(iii) the address of the head office of the designated

extra-provincial limited liability partnership;

(iv) the appointment of the designated extra-provincial

limited liability partnership's attorney for service and, if

applicable, alternative attorney for service, including the

attorney's and alternative attorney's name, firm name,

physical address and, if different from the physical

address, mailing address.

(4) If the Registrar is satisfied that all of the information and

documents necessary for a designated extra-provincial limited liability

partnership to be registered as an extra-provincial limited liability

partnership have been received in the form specified in the applicable

agreement, the Registrar shall register the designated extra-provincial

limited liability partnership and issue a certificate of registration.

(5) A certificate of registration issued by the Registrar is conclusive

evidence that the designated extra-provincial limited liability

partnership named in the certificate is registered under the Act.

(6) The registration of an extra-provincial limited liability partnership

is not adversely affected by errors in the application, in the information

collected under subsection (3)(b)(i), (iii) or (iv) or

section 32 or by

changes in the filed information that occur after the date of

registration.

(7) The registration of a designated extra-provincial limited liability

partnership is not adversely affected by a change in the partners in the

partnership.

Head office

21(1) If a designated extra-provincial limited liability partnership has

a registered office in its governing jurisdiction, the designated

extra-provincial limited liability partnership may specify the address of

its registered office as the address of its head office.

(2) If a registered designated extra-provincial limited liability

partnership that has specified the address of its registered office as the

address of its head office ceases to have a registered office in its

governing jurisdiction, the address of the former registered office

continues to be the address of the head office in the records of the

Registrar until the head office is changed in accordance with

section

Attorney for service

22(1) A designated extra-provincial limited liability partnership may

appoint an individual as its alternative attorney if that individual is

(

a) a member of a partnership of which the attorney is also a

member, or

(

b) an assistant manager of the designated extra-provincial

limited liability partnership and the attorney is the manager

for Alberta of the designated extra-provincial limited liability

partnership.

(2) A designated extra-provincial limited liability partnership shall

ensure that the address of its attorney is an office that is

(

a) accessible to the public during normal business hours, and

(

b) readily identifiable from the physical address.

Partnership list

23 A designated extra-provincial limited liability partnership shall

keep at the office of its attorney for service a list of the Alberta

partners in the limited liability partnership and shall forthwith provide

the following information to any person who requests it:

(

a) a list of the Alberta partners in the limited liability

partnership;

(

b) a list of the persons who were Alberta partners in the limited

liability partnership on a particular date that is after the date

of registration and is specified in the request.

Changes in name

24(1) If a registered designated extra-provincial limited liability

partnership changes its name, it shall, within one month after the

effective date of the change, give notice to the Registrar that it has

changed its name.

(2) A notice referred to in subsection (1) must be submitted to the

designated extra-provincial registrar.

Changes in head office

25(1) If a registered designated extra-provincial limited liability

partnership changes its head office, it shall, within one month after the

effective date of the change, give notice of the change in head office to

the Registrar.

(2) The notice referred to in subsection (1) must

(

a) be submitted to the designated extra-provincial registrar, and

(

b) include the address of the new head office.

(3) If the Registrar is satisfied that all of the information and

documents necessary for a registered designated extra-provincial

corporation to change its head office have been received in the form

specified in the applicable agreement, the Registrar shall file the

information and documents.

Changes in attorney for service

26(1) If an attorney of a registered designated extra-provincial limited

liability partnership dies or resigns or the attorney's appointment is

revoked, the registered designated extra-provincial limited liability

partnership shall forthwith give the Registrar notice of an appointment

of an individual as its attorney for service.

(2) A registered designated extra-provincial limited liability

partnership shall give the Registrar a notice of any change in the name,

firm name or address of its attorney or alternative attorney.

(3) An attorney for a registered designated extra-provincial limited

liability partnership who intends to resign shall

(

a) give not less than 60 days' notice to the registered designated

extra-provincial limited liability partnership at its head office,

and

(

b) give the Registrar a copy of the notice.

(4) A notice under subsection (1), (2) or (3) must

(

a) be submitted to the designated extra-provincial registrar, and

(

b) include the attorney's and any alternative attorney's name,

firm name, physical address and, if different from the

physical address, mailing address.

(5) If the Registrar is satisfied that all of the information and

documents necessary for a registered designated extra-provincial

limited liability partnership to change its attorney for service have been

received in the form specified in the applicable agreement, the

Registrar shall file the information and documents.

Application to cancel registration

27(1) A registered designated extra-provincial limited liability

partnership that ceases to carry on business in Alberta may apply to

cancel its registration.

(2) An application referred to in subsection (1) must

(

a) be submitted to the designated extra-provincial registrar, and

(

b) contain a statement that the registered designated

extra-provincial limited liability partnership has ceased to

carry on business in Alberta.

Cancellation of registration without notice

28(1) The Registrar may, without notice, cancel the registration of a

designated extra-provincial limited liability partnership

(

a) if the designated extra-provincial limited liability partnership

has applied to cancel its registration,

(

b) where the partners of the designated extra-provincial limited

liability partnership carry on practice in an eligible profession

or professions, if the Registrar receives a notice from a

person who is authorized by the governing body of the

applicable eligible profession in Alberta to provide the

notice, stating that

(

i) no statement referred to in a confirmation provided

under

section 20(3)(b)(ii) had been given in respect of

the designated extra-provincial limited liability

partnership at the time of its registration, or

(ii) the designated extra-provincial limited liability

partnership or one or more of the partners no longer

satisfy the criteria set out in

section 94(3)(b)(ii)(

A) and

(

B) of the Act,

(

c) if the designated extra-provincial limited liability partnership

no longer has the status of a limited liability partnership in its

governing jurisdiction, or

(

d) on the cancellation of the registration of the designated

extra-provincial limited liability partnership in its governing

jurisdiction.

(2) Notwithstanding any other provision of this Regulation, if the

Registrar cancels the registration of a designated extra-provincial

limited liability partnership under subsection (1)(b)(i),

section 93 of

the Act applies to the designated extra-provincial limited liability

partnership as if the designated extra-provincial limited liability

partnership had never been registered under the Act.

Cancellation of registration with notice

29(1) Subject to subsection (2), the Registrar may cancel the

registration of a designated extra-provincial limited liability

partnership if the designated extra-provincial limited liability

partnership

(

a) does not have an attorney for service, or

(

b) has otherwise contravened

Part 3 of the Act or this

Regulation.

(2) The Registrar shall not cancel the registration of a designated

extra-provincial limited liability partnership under subsection (1) until

(

a) the Registrar has given at least 120 days' notice of the

proposed cancellation with the Registrar's reasons for it

(

i) to the designated extra-provincial limited liability

partnership by mail addressed to its head office, and

(ii) to its attorney by mail addressed to the attorney,

and

(

b) the Registrar has published a notice of the proposed

cancellation in the Registrar's periodical or The Alberta

Gazette.

(3) A notice of a proposed cancellation sent by ordinary mail to a

registered designated extra-provincial limited liability partnership or to

its attorney in accordance with subsection (2) is deemed to have been

received at the time it would be delivered in the ordinary course of

mail despite the fact that it is returned as undeliverable.

Notice to and service on a designated extra-provincial limited liability

partnership

30(1) A notice or document that is required or permitted to be sent to

or served on a designated extra-provincial limited liability partnership

may be

(

a) delivered to its attorney for service or to an individual who is

its alternative attorney for service according to the

Registrar's records, or

(

b) delivered to or sent by registered mail to the address,

according to the Registrar's records, of its attorney for

service.

(2) A notice or document sent by registered mail to a designated

extra-provincial limited liability partnership in accordance with

subsection (1)(

b) is deemed to be received or served at the time it

would be delivered in the ordinary course of mail unless there are

reasonable grounds for believing that the designated extra-provincial

limited liability partnership did not receive the notice or document at

that time or at all.

Application of provisions of Act

Part 3 of the Act, except sections 81, 93, 96, 99, 104 and 104.1 of

that Act, does not apply to a designated extra-provincial limited

liability partnership.

General Matters

Collection of information

32(1) The Registrar may collect from a designated extra-provincial

registrar any information or documents specified in the applicable

agreement that are submitted to or held by the designated

extra-provincial registrar, including, without limitation, information

and documents respecting the following:

(

a) the application for registration of

(

i) a designated extra-provincial limited partnership, or

(ii) a designated extra-provincial limited liability

partnership;

(

b) a change in the name of

(

i) a registered designated extra-provincial limited

partnership, or

(ii) a registered designated extra-provincial limited liability

partnership;

(

c) a change in the general partners of a registered designated

extra-provincial limited partnership or in the name or address

of a general partner;

(

d) the application to cancel its registration of

(

i) a designated extra-provincial limited partnership, or

(ii) a designated extra-provincial limited liability

partnership;

(

e) a change in the head office of a registered designated

extra-provincial limited liability partnership;

(

f) a change in the attorney for service of a registered designated

extra-provincial limited liability partnership or in the address

of the attorney for service;

(

g) the dissolution of a registered designated extra-provincial

limited partnership in the jurisdiction in which it was formed;

(

h) a registered designated extra-provincial limited liability

partnership ceasing to have the status of a limited liability

partnership in its governing jurisdiction;

(

i) the cancellation of the registration of a

(

i) registered designated extra-provincial limited

partnership in the jurisdiction in which it was formed, or

(ii) registered designated extra-provincial limited liability

partnership in its governing jurisdiction;

(

j) a correction of information or documents relating to a

(

i) registered designated extra-provincial limited

partnership, or

(ii) registered designated extra-provincial limited liability

partnership.

(2) Information and documents referred to in subsection (1) may be

collected electronically or by mail or fax.

(3) The Registrar may file any information or documents collected

under subsection (1).

Complete information required

33 The Registrar may decline to file any information or document or

to issue any document in respect of any matter relating to a designated

extra-provincial limited partnership or a designated extra-provincial

limited liability partnership, including, without limitation, the

registration of the designated extra-provincial limited partnership or

the designated extra-provincial limited liability partnership, until the

Registrar has received from the designated extra-provincial registrar, in

the form specified in the applicable agreement, the information and

documents relating to the matter specified in the applicable agreement

(

a) that are required to be submitted to the designated

extra-provincial registrar by the designated extra-provincial

limited partnership or designated extra-provincial limited

liability partnership, and

(

b) that the Registrar requires that are held by the designated

extra-provincial registrar.

Form of information

34 An application, request, notice, information or document required

to be submitted to a designated extra-provincial registrar under this

Regulation must be in the form or electronic format established by the

designated extra-provincial registrar.

Registration statement and certificate of registration

35(1) The Registrar shall send a registration statement issued under

this Division to the general partner of the designated extra-provincial

limited partnership.

(2) The Registrar shall send a certificate of registration issued under

this Division to the attorney for service of the designated

extra-provincial limited liability partnership.

Fee exemption

36(1) A designated extra-provincial limited partnership is exempt

from the requirement to pay a fee in respect of its application for

registration or the filing of information and documents related to its

registration under the Act.

(2) A designated extra-provincial limited liability partnership is

exempt from the requirement to pay a fee in respect of its application

for registration or the filing of information and documents related to its

registration under the Act.

Transitional

Transitional

37(1) Where an extra-provincial limited partnership formed in the

jurisdiction of a designated extra-provincial registrar was registered as

an extra-provincial limited partnership in Alberta immediately before

the coming into force of this section, the extra-provincial limited

partnership is deemed to be registered under

section 80.1 of the Act on

the coming into force of this section.

(2) Where an extra-provincial limited liability partnership for which

the governing jurisdiction is the jurisdiction of a designated

extra-provincial registrar was registered as an extra-provincial limited

liability partnership under

section 95 of the Act immediately before the

coming into force of this section, the extra-provincial limited liability

partnership is deemed to be registered under

section 104.1 of the Act

on the coming into force of this section.

(3) The representative partner of an extra-provincial limited liability

partnership referred to in subsection (2) is deemed to be the attorney

for service for the extra-provincial limited liability partnership and the

residential address of the representative partner is deemed to be the

address of the attorney for service until a notice of change of attorney

is filed.

Part 3

Repeal, Expiry and

Coming into Force

Repeal

38 The Partnership Regulation (AR 276/99) is repealed.

Expiry

39 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 October 31, 2014.

Coming into force

40 This Regulation comes into force on April 27, 2009.

Alberta Regulation 106/2009

Corrections Act

CORRECTIONAL INSTITUTION AMENDMENT REGULATION

Filed: April 22, 2009

For information only: Made by the Lieutenant Governor in Council (O.C. 217/2009)

on April 22, 2009 pursuant to

section 33 of the Corrections Act.

1 The Correctional Institution Regulation (AR 205/2001) is

amended by this Regulation.

Section 1 is amended

(

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

clause (c):

(c.1) "health practitioner" means an individual who provides

a health service to an inmate;

(

b) by repealing subsection (2) and substituting the

following:

(2) A reference in this Regulation to an institution's health

practitioner is a reference to a health practitioner who is

employed or engaged by a regional health authority to deliver

health services to inmates.

Section 14 is amended

(

a) in subsection (1) by striking out "a physician or a

nurse" and substituting "an institution's health

practitioner";

(

b) by repealing subsection (2)(

f) and substituting the

following:

(

f) any other examination or test that is considered

necessary by the examining health practitioner.

Section 15 is amended

(

a) in subsection (2) by striking out "physician or nurse"

and substituting "health practitioner";

(

b) in subsection (3)

(

i) by striking out "physician or nurse" and

substituting "health practitioner";

(ii) by striking out "certified" and substituting

"determined".

Section 16 is repealed.

Section 17 is repealed.

Section 19 is amended

(

a) in subsection (1) by striking out "physician or

psychologist" and substituting "health practitioner";

(

b) in subsection (2) by striking out "physician or

psychologist" and substituting "health practitioner".

Section 46(

d) is repealed.

Section 48 is amended by striking out "physician" and

substituting "health practitioner".

Section 55 is repealed.

11 This Regulation comes into force on April 1, 2010.

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

Alberta Regulation 107/2009

Cooperatives Act

COOPERATIVES AMENDMENT REGULATION

Filed: April 22, 2009

For information only: Made by the Minister of Service Alberta (M.O. SA:008/2009)

on April 21, 2009 pursuant to

section 382.3 of the Cooperatives Act.

1 The Cooperatives Regulation (AR 55/2002) is amended

by this Regulation.

2 The heading preceding

section 1 is repealed and the

following is substituted:

Part 1

General

Names

3 Sections 51 and 52 are repealed and the following is

substituted:

Part 2

Special Rules Respecting

Extra-provincial Matters

Division 1

Interpretation and Designations

Definitions

51 In this Part,

(a) "agreement" means an agreement under

section 382.2 of the

Act;

(b) "designated extra-provincial cooperative" means an

extra-provincial cooperative designated under

section 52(2);

(c) "designated extra-provincial director" means an

extra-provincial director designated under

section 52(1);

(d) "home jurisdiction", in respect of a designated

extra-provincial cooperative, means the jurisdiction

(

i) in which the designated extra-provincial cooperative is

incorporated,

(ii) into which the designated extra-provincial cooperative

is continued, or

(iii) in which the designated extra-provincial cooperative is

amalgamated;

(e) "registered cooperative" means a cooperative that is

registered in the jurisdiction of a designated extra-provincial

director.

Designations

52(1) The registrar as defined in the Cooperative Association Act,

SBC 1999, c28 is designated as an extra-provincial director to which

this Part applies.

(2) Those extra-provincial cooperatives that are associations as

defined in the Cooperative Association Act, SBC 1999, c28 are

designated as extra-provincial cooperatives to which this Part

applies.

Division 2

Alberta Cooperatives

Registration in jurisdiction of designated extra-provincial director

53(1) A cooperative may request the Director to act under this

Division in respect of the cooperative's application for registration in

the jurisdiction of a designated extra-provincial director.

(2) A request under subsection (1) must be accompanied with the

information, documents and fees required under the legislation of the

jurisdiction of the designated extra-provincial director.

Maintaining registration

54(1) A registered cooperative may request the Director to act

under this Division in respect of extra-provincial matters in the

jurisdiction of a designated extra-provincial director in which the

registered cooperative is registered.

(2) A request under subsection (1) must be accompanied with the

information, documents and fees required under the legislation of the

jurisdiction of the designated extra-provincial director.

Requests, information and documents

55(1) A request, information and documents submitted by a

cooperative under

section 53 or a registered cooperative under

section 54 must

(

a) be in the form, including an electronic format, established by

the Director, and

(

b) if the Director has not established an electronic format, be

(

i) printed or typewritten on good quality white paper 21.5

cm by 28 cm,

(ii) legible, and

(iii) suitable for digital imaging, microfilming and

photocopying.

(2) If the Director considers that a request, information or a

document submitted under this Division contains extraneous

information, the Director may reject the request, information or

document.

(3) On receipt of a request under

section 53(1) or 54(1), the Director

shall, forthwith, compile any information and documents from the

Director's records that the applicable agreement requires the

Director to provide to the designated extra-provincial director.

(4) The Director shall, in accordance with the applicable agreement,

transmit to the designated extra-provincial director

(

a) the information, documents and fees submitted to the

Director under this Division, and

(

b) the information and documents compiled under subsection

(3).

Provision of other information to designated

extra-provincial director

56(1) Where a registered cooperative submits information or a

document to the Director under the Act, the Director shall, if

required by the applicable agreement,

(

a) transmit the information or document to the designated

extra-provincial director, and

(

b) take any other action respecting the information or document

that is specified in the applicable agreement.

(2) Where the Director takes action with respect to a registered

cooperative under the Act, the Director shall, if required by the

applicable agreement,

(

a) transmit to the designated extra-provincial director

information respecting the action taken, and

(

b) take any other action respecting the information that is

specified in the applicable agreement.

(3) The Director may act under subsection (1) or (2) whether or not

the registered cooperative has made a request under

section 54(1).

Division 3

Designated Extra-provincial Cooperatives

Registrations and filings of designated extra-provincial cooperatives

57 A designated extra-provincial cooperative may not apply for

registration or submit information or documents for filing under

Part

17 of the Act except in accordance with this Division.

Registration

58(1) A designated extra-provincial cooperative may apply to the

Director to be registered under

Part 17 of the Act.

(2) An application referred to in subsection (1) must

(

a) be submitted to the designated extra-provincial director, and

(

b) be accompanied with the following information and

documents:

(

i) if the name of the designated extra-provincial

cooperative contravenes

section 371 of the Act, the

assumed name of the designated extra-provincial

cooperative;

(ii) an original Alberta Search Report from the NUANS

(Newly Upgraded Automated Name Search) system

more than 90 days prior to the submission of the report;

(iii) the principal business in which the cooperative is

engaged;

(iv) the address of the head office of the designated

extra-provincial cooperative;

(

v) the appointment of the designated extra-provincial

cooperative's attorney for service and, if applicable,

alternative attorney for service, including the attorney's

and alternative attorney's name, firm name, physical

address and, if different from the physical address,

mailing address.

(3) Subject to

section 371 of the Act, if the Director is satisfied that

all of the information and documents necessary for a designated

extra-provincial cooperative to register under

Part 17 of the Act have

been received in the form specified in the applicable agreement, the

Director shall

(

a) file the information and documents, and

(

b) register the designated extra-provincial cooperative and issue

a certificate of registration for the designated extra-provincial

cooperative.

Head office

59(1) If a designated extra-provincial cooperative has a registered

office in its home jurisdiction, the designated extra-provincial

cooperative may specify the address of its registered office as the

address of its head office.

(2) If a registered designated extra-provincial cooperative that has

specified the address of its registered office as the address of its head

office ceases to have a registered office in its home jurisdiction, the

address of the former registered office continues to be the address of

the head office in the records of the Director until the head office is

changed in accordance with

section 63.

Attorney for service

60(1) A designated extra-provincial cooperative may appoint an

individual as its alternative attorney.

(2) A designated extra-provincial cooperative shall ensure that the

address of its attorney is an office that is

(

a) accessible to the public during normal business hours, and

(

b) readily identifiable from the physical address.

Changes in name

61(1) If a registered designated extra-provincial cooperative

changes its name, it shall, within one month after the effective date

of the change, give notice to the Director that it has changed its

name.

(2) A notice referred to in subsection (1) must

(

a) be submitted to the designated extra-provincial director,

(

b) if the new name contravenes

section 371 of the Act, include

the new assumed name of the designated extra-provincial

cooperative, and

(

c) be accompanied with an original Alberta Search Report from

the NUANS (Newly Upgraded Automated Name Search)

more than 90 days prior to the submission of the report.

(3) Subject to

section 371 of the Act, if the Director is satisfied that

all of the information and documents necessary for a registered

designated extra-provincial cooperative to change its name have

been received in the form specified in the applicable agreement, the

Director shall issue a certificate of amendment of registration and

change the Director's records accordingly.

Cancellation of assumed name

62(1) A registered designated extra-provincial cooperative that has

assumed a name pursuant to

section 372(1) of the Act may apply to

the Director to cancel its assumed name and carry on business in

Alberta under the name in which it was registered.

(2) An application referred to in subsection (1) must be

(

a) submitted to the designated extra-provincial director, and

(

b) accompanied with an original Alberta Search Report from the

NUANS (Newly Upgraded Automated Name Search) system

than 90 days prior to the submission of the report.

(3) Subject to

section 371 of the Act, if the Director is satisfied that

all of the information and documents necessary for a designated

extra-provincial cooperative to cancel its assumed name have been

received in the form specified in the applicable agreement, the

Director may issue a certificate of cancellation of assumed name.

(4) If the Director approves the application referred to in subsection

(1), the registered designated extra-provincial cooperative may carry

on business in Alberta under the name in which it was registered.

Changes in head office

63(1) If a registered designated extra-provincial cooperative

changes its head office, it shall, within one month after the effective

date of the change, give notice of the change in head office to the

Director.

(2) The notice referred to in subsection (1) must

(

a) be submitted to the designated extra-provincial director, and

(

b) include the address of the new head office.

(3) If the Director is satisfied that all of the information and

documents necessary for a registered designated extra-provincial

cooperative to change its head office have been received in the form

specified in the applicable agreement, the Director shall file the

information and documents.

Changes in attorney for service

64(1) If an attorney of a registered designated extra-provincial

cooperative dies or resigns or the attorney's appointment is revoked,

the registered designated extra-provincial cooperative shall forthwith

give the Director notice of an appointment of an individual as its

attorney for service.

(2) A registered designated extra-provincial cooperative shall give

the Director a notice of any change in the name, firm name or

address of its attorney or alternative attorney.

(3) An attorney for a registered designated extra-provincial

cooperative who intends to resign shall

(

a) give not less than 60 days' notice to the registered designated

extra-provincial cooperative at its head office, and

(

b) give the Director a copy of the notice.

(4) A notice under subsection (1), (2) or (3) must

(

a) be submitted to the designated extra-provincial director, and

(

b) include the attorney's and any alternative attorney's name,

firm name, physical address and, if different from the

physical address, mailing address.

(5) If the Director is satisfied that all of the information and

documents necessary for a registered designated extra-provincial

cooperative to change its attorney for service have been received in

the form specified in the applicable agreement, the Director shall file

the information and documents.

Instrument of amalgamation

65(1) If a registered designated extra-provincial cooperative

amalgamates with one or more designated extra-provincial

cooperatives or other extra-provincial cooperatives, the registered

designated extra-provincial cooperative shall, within one month after

the effective date of the amalgamation, give notice to the Director of

the amalgamation.

(2) A notice referred to in subsection (1) must

(

a) be submitted to the designated extra-provincial director, and

(

b) be accompanied with the following information and

documents:

(

i) if the name of the amalgamated designated

extra-provincial cooperative contravenes

section 371 of

the Act, the assumed name of the amalgamated

designated extra-provincial cooperative;

(ii) an original Alberta Search Report from the NUANS

(Newly Upgraded Automated Name Search) system

more than 90 days prior to the submission of the report;

(iii) the principal business in which the cooperative is

engaged;

(iv) the address of the head office of the amalgamated

designated extra-provincial cooperative;

(

v) the appointment of the amalgamated designated

extra-provincial cooperative's attorney for service and,

if applicable, alternative attorney for service, including

the attorney's and alternative attorney's name, firm

name, physical address and, if different from the

physical address, mailing address.

(3) Subject to

section 371 of the Act, if the Director is satisfied that

all of the information and documents necessary to register the

amalgamated designated extra-provincial cooperative have been

received in the form specified in the applicable agreement, the

Director shall

(

a) file the information and documents, and

(

b) issue a new certificate of registration of the amalgamated

designated extra-provincial cooperative.

Application to cancel registration

66(1) A registered designated extra-provincial cooperative that

ceases to carry on business in Alberta may apply to cancel its

registration.

(2) An application referred to in subsection (1) must

(

a) be submitted to the designated extra-provincial director, and

(

b) contain a statement that the registered designated

extra-provincial cooperative has ceased to carry on business

in Alberta.

Cancellation of registration without notice

67(1) The Director may, without notice, cancel the registration of a

designated extra-provincial cooperative if the designated

extra-provincial cooperative

(

a) has applied to cancel its registration,

(

b) has continued out of or amalgamated out of its home

jurisdiction,

(

c) is dissolved, or

(

d) does not comply with a direction of the Director under

section 371(2) of the Act.

(2) The reinstatement or revival of a designated extra-provincial

cooperative in its home jurisdiction does not affect the cancellation

of the designated extra-provincial cooperative's registration.

Cancellation of registration with notice

68(1) The Director may cancel the registration of a designated

extra-provincial cooperative if the designated extra-provincial

cooperative

(

a) does not have an attorney for service,

(

b) does not carry out an undertaking given in accordance with

this Regulation, or

(

c) has otherwise contravened

Part 17 of the Act or this

Regulation.

(2) The Director may not cancel the registration of a designated

extra-provincial cooperative under subsection (1) until

(

a) the Director has given at least 120 days' notice of the

proposed cancellation with the Director's reasons for it

(

i) to the designated extra-provincial cooperative by mail

addressed to its head office, and

(ii) to its attorney for service by mail addressed to the

attorney,

(

b) the Director has published a notice of the proposed

cancellation in a publication generally available to the public,

and

(

c) either no appeal is commenced under

section 335 of the Act

or, if an appeal has been commenced, it has been

discontinued or the Director's decision is confirmed on the

appeal.

(3) A notice of a proposed cancellation sent by ordinary mail to a

registered designated extra-provincial cooperative or to its attorney

in accordance with subsection (2) is deemed to have been received at

the time it would be delivered in the ordinary course of mail despite

the fact that it is returned as undeliverable.

Cancellation of registration of extra-provincial cooperative

69 The Director may, without notice, cancel the registration of an

extra-provincial cooperative that has become a designated

extra-provincial cooperative.

Liability for obligations

70 The cancellation of the registration of a designated

extra-provincial cooperative under

section 67 or 68 or of an

extra-provincial cooperative under

section 69 does not affect the

liability of the designated extra-provincial cooperative or of the

extra-provincial cooperative for its obligations.

Collection of information

71(1) The Director may collect from a designated extra-provincial

director any information or documents specified in the applicable

agreement that are submitted to or held by the designated

extra-provincial director, including, without limitation, information

and documents respecting the following:

(

a) the application for registration of a designated

extra-provincial cooperative;

(

b) a change in the name of a registered designated

extra-provincial cooperative;

(

c) the application of a registered designated extra-provincial

cooperative to cancel its assumed name;

(

d) a change in the head office of a registered designated

extra-provincial cooperative;

(

e) a change in the attorney for service of a registered designated

extra-provincial cooperative;

(

f) a notice of an amalgamation given by a registered designated

extra-provincial cooperative;

(

g) the application of a registered designated extra-provincial

cooperative to cancel its registration;

(

h) the dissolution of a registered designated extra-provincial

cooperative;

(

i) a registered designated extra-provincial cooperative's

continuance out of its home jurisdiction;

(

j) a correction of information or documents relating to a

registered designated extra-provincial cooperative.

(2) Information and documents referred to in subsection (1) may be

collected electronically or by mail or fax.

(3) The Director may file any information or documents collected

under subsection (1).

Complete information required

72 The Director may decline to file any information or document

or to issue any document in respect of any matter relating to a

designated extra-provincial cooperative, including, without

limitation, the registration of the designated extra-provincial

cooperative, until the Director has received from the designated

extra-provincial director, in the form specified in the applicable

agreement, the information and documents relating to the matter

(

a) required to be submitted to the designated extra-provincial

director by the designated extra-provincial cooperative, and

(

b) that the Director requires that are held by the designated

extra-provincial director.

Form of information

73 An application, request, notice, information or document

required to be submitted to a designated extra-provincial director

under this Regulation must be in the form or electronic format

established by the designated extra-provincial director.

Certificates

74 The Director shall send any certificate issued in respect of a

designated extra-provincial cooperative under this Division to

(

a) the attorney for service of the designated extra-provincial

cooperative, or

(

b) where there is no attorney for service, the head office of the

designated extra-provincial cooperative.

Certificate as evidence

75 A certificate of registration issued under

section 58(3)(

b) to a

designated extra-provincial cooperative or under

section 65(3)(

b) to

an amalgamated designated extra-provincial cooperative is

conclusive proof for the purposes of the Act and for all other

purposes that the provisions of the Act and this Regulation in respect

of registration of the designated extra-provincial cooperative or

amalgamated designated extra-provincial cooperative and all

requirements precedent and incidental to registration have been

complied with, and that the designated extra-provincial cooperative

or amalgamated designated extra-provincial cooperative has been

registered under

Part 17 of the Act as of the date shown in the

certificate of registration.

Fee exemption

76 A designated extra-provincial cooperative is exempt from the

requirement to pay a fee in respect of its application for registration

or the filing of information and documents related to its registration

under

Part 17 of the Act.

Application of provisions of Act

77 Sections 369, 372(4), 373 to 375, 377(1) to (6) and 378 to 381

of the Act do not apply in respect of a designated extra-provincial

cooperative.

Part 3

Expiry

Expiry

78 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 March 31, 2010.

Schedule 1 is amended by striking out "The fees payable"

and substituting "Subject to

section 76, the fees payable".

5(1)

Schedule 2 is amended in

(

a) Statutory Declaration, Cooperatives Act, GS 89,

(

b) Statutory Declaration, Cooperatives Act, GS 93A,

(

c) Statutory Declaration, Cooperatives Act, GS 93B,

(

d) Statutory Declaration, Cooperatives Act, GS 93C,

(

e) Statutory Declaration, Cooperatives Act, GS 93D,

(

f) Statutory Declaration, Cooperatives Act, GS 95,

(

g) Statutory Declaration, Cooperatives Act, GS 97,

(

h) Statutory Declaration, Cooperatives Act, GS 98, and

(

i) Statutory Declaration, Cooperatives Act,

Section

261(1), GS 122

by striking out

_________________________________

A Commissioner for Oaths/Notary Public

in and for the Province of Alberta

________________________________

Print Name

________________________________

Expiry Date of Commission

(month/day/year)

and substituting

___________________________

A Commissioner for Oaths

or Notary Public

___________________________

Print Name

___________________________

Expiry Date of Commission

or Appointment

(month/day/year)

(2) Schedule 2 is amended in the form "Summary of

Articles of Incorporation" by adding the following after item

11:

11.1 Is the cooperative requesting the Registrar to take action in

respect of its extra-provincial registration in British Columbia? See

Division 2 of

Part 2.

? Yes ? No

If Yes, please complete and include the Designated Extra-provincial

Registration Document, a copy of which may be obtained from the

Director, and include any necessary fees, information and

documents. The request, fees, information and documents will be

forwarded to the British Columbia Registrar.

(3) Schedule 2 is amended in the form "Summary of

Articles of Amalgamation" by adding the following after

item 12:

13 Is the cooperative requesting the Registrar to take action in

respect of its extra-provincial registration in British Columbia? See

Division 2 of

Part 2.

? Yes ? No

If Yes, please complete and include the Designated Extra-provincial

Registration Document, a copy of which may be obtained from the

Director, and include any necessary fees, information and

documents. The request, fees, information and documents will be

forwarded to the British Columbia Registrar.

6 This Regulation comes into force on April 27, 2009.

Alberta Regulation 108/2009

Government Organization Act

CORPORATE REGISTRY DOCUMENT HANDLING PROCEDURES

AMENDMENT REGULATION

Filed: April 22, 2009

For information only: Made by the Minister of Service Alberta (M.O. SA:010/2009)

on April 21, 2009 pursuant to

section 12 of

Schedule 12 of the Government

Organization Act.

1 The Corporate Registry Document Handling Procedures

Regulation (AR 10/2002) is amended by this Regulation.

Section 28 is amended by adding the following after

subsection (2):

(3) A person may not charge a service charge in respect of registry

services provided by accredited persons under Division 2 of

Part 2 of

(

a) the Business Corporations Regulation, or

(

b) the Partnership Regulation.

3 The

Schedule is amended

(

a) under the heading "Business Corporations Act" by

striking out "The fees payable" and substituting

"Subject to

section 54 of the Business Corporations

Regulation, the fees payable";

(

b) under the heading "Partnership Act" by striking out

the words "The fees payable" and substituting "Subject

section 36 of the Partnership Regulation, the fees

payable".

4 This Regulation comes into force on April 27, 2009.

Alberta Regulation 109/2009

Coal Conservation Act

AGENT EXEMPTION REGULATION

Filed: April 24, 2009

For information only: Made by the Energy Resources Conservation Board on April

22, 2009 pursuant to

section 33(6) of the Coal Conservation Act.

Definitions

1 In this Regulation,

(a) "mutual recognition agreement" means a valid and subsisting

agreement made between the Board and a regulatory body

for the purpose of recognizing substantial regulatory

equivalency and enabling reciprocity between Alberta and

another jurisdiction;

(b) "regulatory body" means an entity having lawful authority

respecting the regulation of coal mines and related facilities

in a jurisdiction other than Alberta.

Exemption from agent requirement

2(1) An individual or a corporation or other organization is exempt

from the requirement to appoint an agent under

section 33(1) of the

Act if, and for so long as, the individual, corporation or organization

(

a) is resident of a jurisdiction and subject to the authority of a

regulatory body that is a party to a mutual recognition

agreement with the Board,

(

b) is in compliance with all applicable legislation and

regulations and all applicable directives, orders and

directions of the Board and the regulatory body referred to in

clause (a),

(

c) owes no debt to the Board,

(

d) does not, in Alberta or elsewhere, operate a coal mine or a

related facility in a manner that, in the opinion of the Board,

is unsafe or presents a serious threat to public safety or the

environment,

(

e) agrees to attorn to the jurisdiction of Alberta with respect to

all matters, obligations and liabilities pertaining to its coal

licences, permits and approvals in Alberta, and

(

f) meets any other condition imposed by the Board for the

purpose of exemption from the requirement to appoint an

agent.

(2) For greater certainty, nothing in this

section requires the Board

to enter into a mutual recognition agreement if the other jurisdiction

fails to prove to the satisfaction of the Board that substantial

regulatory equivalency exists between Alberta and the other

jurisdiction.

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

Alberta Regulation 110/2009

Livestock Identification and Commerce Act

LIVESTOCK MARKET AND LIVESTOCK ASSEMBLING STATION

OPERATOR'S LICENCE REGULATION

Filed: April 28, 2009

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

(M.O. 5/2009) on April 22, 2009 pursuant to

section 92(

k) of the Livestock

Identification and Commerce Act.

Table of Contents

Definitions

2 Operator's licence required

3 Location specified in operator's licence

4 Application for operator's licence

5 Application refused or licence cancelled or suspended

6 Notice of closure

7 Records

8 Request for information

9 Change of address

10 Misleading statements

11 Expiry of licence

12 Licence must be displayed

13 Licence not transferable

14 Form of licence

15 Expiry

Schedules

Definitions

1 In this Regulation,

(a) "Act" means the Livestock Identification and Commerce Act;

(b) "inspector" means an inspector appointed under the Livestock

Identification and Commerce Act;

(c) "livestock assembling station" means any area of land,

including buildings, pens, fences, gates, chutes, weigh scales

and any other equipment located on the land that is operated

to assemble livestock for shipment by any form of

transportation and includes any premises maintained with

respect to the movement of livestock by a common carrier as

a convenience to the public,

but does not include the following:

(

i) a facility that is associated with an abattoir for the

purpose of holding livestock for slaughter;

(ii) any area of land or facility used in respect of the sale of

livestock by a producer or feedlot operator where the

livestock offered for sale have been held on that land for

maintenance, feeding or fattening purposes;

(iii) any area of land or facility used for the purpose of

holding a sale of registered purebred livestock;

(iv) any area of land or facility used for the purpose of

holding a sale of livestock on behalf of members of

recognized 4-H clubs;

(d) "livestock market" means any area of land, including

buildings, pens, fences, gates, chutes, weigh scales and any

other equipment located on the land that is operated as a

public market for the purchase and sale, or either of them, of

livestock or for the receiving of livestock by a livestock

dealer or a livestock dealer's agent licensed under the

Livestock Identification and Commerce General Regulation

(AR 208/2008) on consignment;

(e) "local authority" means

(

i) a city, town, village, municipal district or county, or

specialized municipality, or

(ii) the Minister of Municipal Affairs, in the case of an

improvement district or a special area;

(f) "operator" means a person who operates a livestock market

or a livestock assembling station.

Operator's licence required

2 No person shall operate

(

a) a livestock market unless that person holds

(

i) a livestock market operator's licence issued under this

Regulation, and

(ii) a livestock dealer's licence issued under the Livestock

Identification and Commerce General Regulation (AR

208/2008),

(

b) a livestock assembling station unless that person holds a

livestock assembling station operator's licence issued under

this Regulation,

and the livestock market or the livestock assembling station that the

person intends to operate is licensed under this Regulation.

Location specified in operator's licence

3(1) A livestock market operator's licence or a livestock assembling

station operator's licence issued under this Regulation must state the

location of the livestock market or the location of the livestock

assembling station that the holder of the licence may operate under the

authority of that licence.

(2) A person must obtain a separate livestock market operator's

licence and livestock assembling station operator's licence for each

livestock market or livestock assembling station that is operated by

that person.

Application for operator's licence

4(1) An application for a livestock market operator's licence must

(

i) be made to the Minister in the form set out in

Schedule 1 of

this Regulation, and

(ii) be accompanied with the fee of $100.00.

(2) An application for a livestock assembling station operator's

licence must

(

i) be made to the Minister in the form set out in

Schedule 2 of

this Regulation, and

(ii) be accompanied with the fee of $100.00.

(3) Where a person applies for a licence to operate a livestock market

or a livestock assembling station for which no operator's licence was

issued in the immediately preceding year, that person must provide the

Minister with a written statement

(

a) from the local authority in which the livestock market or

livestock assembling station is located certifying its approval

of the location of the livestock market or livestock

assembling station,

(

b) from the Minister of Transportation approving the location of

the livestock market or livestock assembling station and the

entrances to and exits from the livestock market or livestock

assembling station, where that livestock market or livestock

assembling station is situated adjacent to a highway as

defined in the Public Highways Development Act, and

(

c) from a veterinarian licensed to practise in the province of

Alberta that the facility, in the veterinarian's professional

opinion, does not create an undue hazard to livestock being

handled and complies with all applicable construction and

sanitation requirements under the Livestock Market and

Livestock Assembling Station Regulation (AR 70/2000).

(4) If the Minister is satisfied that the livestock market or the livestock

assembling station conforms to the requirements of the Act, the

regulations under the Act, the Animal Health Act and the regulations

under the Animal Health Act, and that the appropriate approvals have

been given under subsection (3), the Minister shall issue a livestock

market operator's licence or a livestock assembling station operator's

licence.

Application refused or licence cancelled or suspended

5(1) The Minister may

(

a) refuse an application made under

section 4 where the

applicant has failed to comply with the provisions of

(

i) the Livestock Identification and Commerce Act,

(ii) the Animal Health Act, or

(iii) the Livestock and Livestock Products Act,

(

b) cancel or suspend a licence issued under

section 4 where the

holder of that licence fails to comply with the provisions of

(

i) the Livestock Identification and Commerce Act,

(ii) the Animal Health Act, or

(iii) the Livestock and Livestock Products Act.

(2) Where the Minister cancels or suspends a licence under this

section, the Minister shall serve the holder of that licence with written

notice of that cancellation or suspension

(

a) by means of personal service, or

(

b) by sending it by registered mail to the last address of that

person on file with the Minister.

Notice of closure

6(1) Where a licence is cancelled or suspended under

section 5, an

inspector may place on the livestock receiving chutes of the livestock

market or the livestock assembling station signs reading "Premises

Closed by Order of the Minister".

(2) The signs placed on the livestock receiving chutes under

subsection (1) must be removed by an inspector if a person presents

the inspector with a new or reinstated livestock market operator's

licence or livestock assembling station operator's licence permitting

the operation of that livestock market or livestock assembling station.

(3) No person shall operate a livestock market or a livestock

assembling station during the time that a sign referred to in subsection

(1) remains on a livestock receiving chute.

Records

7 Every operator of a livestock market or a livestock assembling

station shall

(

a) keep a detailed record of each transaction relating to

livestock that takes place at that livestock market or livestock

assembling station, and

(

b) retain the record for 24 months from the date that the

transaction took place.

Request for information

8 Every operator shall, not later than the 10th day of each month,

forward to the Minister such information as may be requested by the

Minister.

Change of address

9 Every operator shall notify the Minister in writing of any change in

that operator's address.

Misleading statements

10(1) No operator shall publish in any form or by any medium a

statement that misrepresents in any manner the goods or services

offered by that operator.

(2) No operator shall make or permit an employee or a person who is

under contract to the operator to make any statement or representation

that is likely to deceive or mislead or that is intended to deceive or

mislead any person with respect to a transaction that takes place at or

in respect of that operator's livestock market or livestock assembling

station.

Expiry of licence

11 A licence issued under this Regulation expires on December 31 of

the year in which the licence was issued.

Licence must be displayed

12 The holder of a licence issued under this Regulation must display

the licence at all times in a prominent location within the livestock

market or the livestock assembling station.

Licence not transferable

13 A licence under this Regulation is not transferable.

Form of licence

14 Where

(

a) a livestock market operator's licence is issued under this

Regulation, the licence must be in the form shown in

Schedule 3, and

(

b) a livestock assembling station operator's licence is issued

under this Regulation, the licence must be in the form shown

in

Schedule 4.

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, 2015.

Schedule 1

Application for Livestock Market

Operator's Licence

Under the Livestock Identification

and Commerce Act

Property where

Livestock Market

is located

Qtr

Sec

Twnp

Rge

W of

Other legal description

Name of operator

Mailing address

Town or city Province Postal code

Phone number Fax number

Please read

carefully

? The applicant acknowledges that any licence

granted will be subject to cancellation or

suspension pursuant to the Livestock Market

and Livestock Assembling Station Operator's

Licence Regulation and agrees that, upon such

cancellation or suspension of a licence, the

applicant will immediately return the licence.

Licence fee:

$100.00

Signature of applicant

Date

For office use only:

Date received Class of licence

Receipt number

Schedule 2

Application for Livestock Assembling

Station Operator's Licence

Under the Livestock Identification

and Commerce Act

Property where

Livestock Assembling

Station is located

Qtr

Sec

Twnp

Rge

W of

Other legal description

Name of operator

Mailing address

Town or city Province Postal code

Phone number Fax number

Livestock Assembling

Station will be

operated by

Operated under the name of:

Name of operator

Mailing address

Town or City Province Postal code

Phone number Fax number

Class of Livestock Assembling

Station (check only one) Auction Market ? Assembly Yard ?

Agricultural Society ? Other ? _________

Please read

carefully

? The applicant acknowledges that any licence

granted will be subject to cancellation or

suspension pursuant to the Livestock Market

and Livestock Assembling Station Operator's

Licence Regulation and agrees that, upon such

cancellation or suspension of a licence, the

applicant will immediately return the licence.

? The applicant agrees that the Livestock

Assembling Station facilities may be inspected

by a veterinarian at any time determined by

Alberta Agriculture and Rural Development.

Licence fee:

$100.00

Signature of applicant

Date

For office use only:

Date received Class of licence

Receipt number

Schedule 3

Livestock Market

Operator's Licence

Under the Livestock Identification

and Commerce Act

Licence No. ___________________________

This is to certify that the person named herein is hereby licensed under

the Livestock Identification and Commerce Act to operate a Livestock

Market located at _________________ between the ______ day of

______________________ and the 31st day of December _________.

_________________________________ Date ______________

(Name of Livestock Market Operator)

_____________________________________

(Signature of Minister or Minister's Delegate)

Schedule 4

Livestock Assembling Station

Operator's Licence

Under the Livestock Identification

and Commerce Act

Licence No. ___________________________

This is to certify that the premises described herein are hereby licensed

as a Livestock Assembling Station between the ______ day of

____________ and the 31st day of December __________.

____________________ ____________________

(Name of Livestock (Location of Livestock

Assembling Station) Assembling Station)

Date _____________________________

_____________________________________

(Signature of Minister or Minister's Delegate)

Alberta Regulation 111/2009

Public Sector Pension Plans Act

LAPP (RED DEER AND DISTRICT MUSEUM SOCIETY)

AMENDMENT REGULATION

Filed: April 29, 2009

For information only: Made by the Lieutenant Governor in Council (O.C. 223/2009)

on April 29, 2009 pursuant to

Schedule 1,

section 4 of the Public Sector Pension

Plans Act.

1 The Local Authorities Pension Plan (AR 366/93) is

amended by this Regulation.

Section 3(7) is amended by adding "or (k)" after "(ii)".

Section 10 is amended by adding the following after

clause (j):

(

k) employees who were transferred from the Normandeau

Cultural and Natural History Society to the Red Deer and

District Museum Society before 2009, so long as they

continue to be employed by the Red Deer and District

Museum Society.

4 This Regulation is deemed to have come into force on

January 1, 2009.

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

Alberta Regulation 112/2009

Meat Inspection Act

MEAT INSPECTION AMENDMENT REGULATION

Filed: April 29, 2009

For information only: Made by the Lieutenant Governor in Council (O.C. 225/2009)

on April 29, 2009 pursuant to

section 11 of the Meat Inspection Act.

1 The Meat Inspection Regulation (AR 42/2003) is amended

by this Regulation.

Section 1 is repealed.

Section 2 is repealed and the following is substituted:

Interpretation

2(1) In this Regulation,

(a) "dispose" means, in the case of a carcass or portion of a

carcass or product of an animal, disposal in the manner

specified in

section 55;

(b) "edible" refers to whether or not meat is fit for human

consumption;

(c) "exempted animal" means an animal referred to in

section

6(2);

(d) "legislation" means the Meat Inspection Act or this

Regulation, or both, as the case may be;

(e) "meat handler" means an individual working in or for a meat

facility, whose functions require or permit the individual to

be in contact with meat or with equipment that comes into

contact with meat;

(f) "poultry" includes all birds whose meat is potentially edible;

(g) "red meat animal" means an animal other than poultry;

(h) "slaughter area" means a dedicated room or area where

animals are slaughtered and dressed.

(2) A word defined in this Regulation has the same meaning in the

Act.

Section 3 is amended by repealing subsection (1) and

substituting the following:

Application - meat facilities, mobile butchers

3 This Regulation applies with respect to meat facilities and to

mobile butcher operations.

Section 4(1) is amended by adding "of the meat facility"

after "operator".

Section 5 is amended by striking out "an abattoir" and

substituting "a meat facility".

7 By adding the following after

section 5:

Exemption - establishments (federally inspected meat)

5.1(1) The legislation does not apply to an establishment or an

operator of an establishment.

(2) Section 5(a), (

c) and (

d) of the Act do not apply if the meat has a

meat inspection legend under the Meat Inspection Act (Canada)

applied to it.

Exemption - fish

5.2 The legislation does not apply in respect of fish.

Section 6 is amended

(

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

substituting the following:

(2) Except where expressly stated in this Regulation, an

animal is exempt from the legislation if the animal

(

a) is to be or has been killed on the premises of the

producer of the animal and is for consumption only by

persons who form part of that producer's household, or

(

b) is wildlife as defined under the Wildlife Act but is not a

present or prospective domestic cervid within the

meaning of the Livestock Industry Diversification Act.

(3) A person shall not bring an exempted animal into a meat

facility unless it is clean and edible.

(

b) in subsection (4)

(

i) by adding "of a meat facility" after "operator";

(ii) in clause (a)

(

A) by striking out "a wild game or home-

slaughtered animal" and substituting "an

exempted animal";

(

B) by striking out "abattoir" and substituting

"meat facility";

(

c) in subsections (5) and (6) by striking out "a wild

game or home-slaughtered animal" wherever it occurs

and substituting "an exempted animal".

Section 7 is amended

(

a) in subsection (1)

(

i) by adding "of a meat facility" after "by an operator";

(ii) by striking out "abattoir" and substituting "meat

facility";

(

b) in subsection (2) by striking out "abattoir" and

substituting "meat facility";

(

c) in subsection (3) by striking out "an abattoir" and

substituting "a meat facility".

Section 10 is repealed.

11 Sections 11 to 14 are repealed and the following is

substituted:

Licences

11(1) For the purposes of

section 3.1 of the Act, the Director may

issue a licence to a person to do one or more of the following,

subject to the requirements of this Regulation:

(

a) to process meat from an animal in a meat facility operated by

the person;

(

b) to slaughter an animal in an abattoir operated by the person;

(

c) to slaughter an animal as a mobile butcher.

(2) Subject to subsection (3), the Director shall issue or renew a

licence if the person

(

a) submits an application as required by the Director, and

(

b) satisfies the Director that the person will operate the meat

facility or will operate as a mobile butcher in accordance

with the requirements of the legislation.

(3) The Director may refuse to renew or may suspend or revoke a

licence if the Director is of the opinion that the person has failed to

comply with a requirement of the legislation.

Expiry

12 A licence expires on December 31 following the date of its

issue unless earlier suspended or revoked.

Transfer prohibited

13 A licence is not transferable.

12 The following is added after

section 15:

Part 2.1

Meat Facility Standards

Compliance

15.1 An operator of a meat facility shall comply with and shall,

respecting the operation of the meat facility, ensure compliance with

(

a) the requirements of the Meat Facility Standards published by

the Minister as it may be amended or replaced, and

(

b) the requirements of the legislation.

13 The heading preceding

section 16 is repealed and the

following is substituted:

Part 3

Meat Facility - Facility and

Equipment Requirements

Section 16 is amended

(

a) in subsections (1) and (2) by striking out "an abattoir"

and substituting "a meat facility";

(

b) in subsection (3)(

a) by striking out "abattoir" and

substituting "meat facility".

Section 17 is repealed.

16 Sections 18 and 19 are repealed and the following is

substituted:

General requirements

18(1) The operator of a meat facility shall ensure that the meat

facility is designed and equipped to provide for

(

a) its operational needs and the requirements of the legislation,

(

b) the hygienic production, handling and storage of meat,

including

(

i) in the case of an abattoir, a slaughter area,

(ii) separation of incompatible activities,

(iii) adequate shipping and receiving areas,

(iv) sequential slaughtering or processing operations,

(

v) personal hygiene facilities, and

(vi) food contact surfaces that are non-toxic, non-absorbent,

smooth, corrosion resistant, crack or crevice free and

able to withstand frequent sanitization,

(

c) readily available refrigeration facilities which allow

temperature to be monitored and recorded where necessary,

(

d) inspections and inspectors as required by the Director,

including a furnished office,

(

e) adequate ventilation, lighting, hot and cold potable water,

plumbing and sewer facilities,

(

f) the sanitary handling, storage and removal of waste and

condemned or inedible meat,

(

g) the effective cleaning and sanitization of the meat facility and

equipment,

(

h) in the case of an abattoir, the safe and humane handling of

live animals, and

(

i) any other requirement that the Director may specify.

(2) The operator of a meat facility shall ensure that the meat facility

is soundly constructed and maintained in good repair.

Section 20 is repealed.

Section 21 is amended

(

a) in subsection (1) by striking out "shall not inflict

unnecessary pain or discomfort on" and substituting

"shall minimize pain and distress of";

(

b) in subsection (3) by adding "holding" before "pen".

Section 22 is repealed and the following is substituted:

Humane slaughtering - instruments

22 A person shall not use an instrument to slaughter an animal or

render it unconscious unless the instrument is in good repair.

20 The following is added after

section 22:

Slaughter requirements

22.1(1) A person shall restrain an animal and render it unconscious

immediately before the animal is slaughtered.

(2) The method of rendering the animal unconscious must

(

a) produce rapid unconsciousness,

(

b) ensure the animal does not regain sensitivity or

consciousness before it is slaughtered, and

(

c) be described in one of the following subclauses:

(

i) delivering a blow to its head by means of a mechanical

device;

(ii) exposing it to gas;

(iii) applying an electric current;

(iv) shooting it in the head with a rifle;

(

v) a method approved by the Director for the purpose of

developing or testing a new procedure or item of