Alberta Regulation 280/2002

Marketing of Agricultural Products Act

ALBERTA EGG PRODUCERS BOARD AUTHORIZATION

AMENDMENT REGULATION

Filed: December 2, 2002

Made by the Alberta Agricultural Products Marketing Council on September

17, 2002 pursuant to sections 26 and 27 of the Marketing of Agricultural

Products Act.

1 The Alberta Egg Producers Board Authorization Regulation (AR 279/97) is

amended by this Regulation.

Section 6 is amended by striking out "December 31, 2002" and

substituting "May 31, 2009".

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Alberta Regulation 281/2002

Apprenticeship and Industry Training Act

DESIGNATED OCCUPATIONS AMENDMENT REGULATION

Filed: December 3, 2002

Made by the Minister of Learning on November 27, 2002 pursuant to

section

36(1) of the Apprenticeship and Industry Training Act.

1 The Designated Occupations Regulation (AR 57/99) is amended by this

Regulation.

Section 1(

b) and 2 are repealed effective January 31, 2003.

Section 4(1) is amended by striking out "January 31, 2003" and

substituting "January 31, 2008".

Alberta Regulation 282/2002

Apprenticeship and Industry Training Act

DESIGNATED OCCUPATION (EXPIRY CLAUSE)

AMENDMENT REGULATION

Filed: December 3, 2002

Made by the Alberta Apprenticeship and Industry Training Board on September

27, 2002 pursuant to

section 37(2) of the Apprenticeship and Industry

Training Act and approved by the Minister of Learning on November 27, 2002.

1(1) The Construction Craft Labourer Occupation Regulation (AR 270/2000)

is amended by this section.

(2) Section 5 is amended by striking out "January 31, 2003" and

substituting "January 31, 2008".

2(1) The Gas Utility Operator Occupation Regulation (AR 278/2000) is

amended by this section.

(2) Section 5 is amended by striking out "January 31, 2003" and

substituting "January 31, 2008".

3(1) The Warehousing Regulation (AR 309/2000) is amended by this section.

(2) Section 5 is amended by striking out "January 31, 2003" and

substituting "January 31, 2008".

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

Alberta Regulation 283/2002

Apprenticeship and Industry Training Act

HAIRSTYLIST TRADE AMENDMENT REGULATION

Filed: December 3, 2002

Made by the Alberta Apprenticeship and Industry Training Board on September

27, 2002 pursuant to

section 33(2) of the Apprenticeship and Industry

Training Act and approved by the Minister of Learning on November 27, 2002.

1 The Hairstylist Trade Regulation (AR 281/2000) is amended by this

Regulation.

Section 6 is repealed.

Alberta Regulation 284/2002

Apprenticeship and Industry Training Act

TILESETTER TRADE AMENDMENT REGULATION

Filed: December 3, 2002

Made by the Alberta Apprenticeship and Industry Training Board on September

27, 2002 pursuant to

section 33(2) of the Apprenticeship and Industry

Training Act and approved by the Minister of Learning on November 27, 2002.

1 The Tilesetter Trade Regulation (AR 308/2000) is amended by this

Regulation.

Section 4 is amended

(

a) in subsection (1) by striking out "14" and substituting "12";

(

b) in subsections (2), (3) and (4) by striking out "2100" and

substituting "1600".

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Alberta Regulation 285/2002

Marketing of Agricultural Products Act

ALBERTA MILK MARKETING AMENDMENT REGULATION

Filed: December 4, 2002

Made by Alberta Milk on November 12, 2002 pursuant to sections 26 and 27 of

the Marketing of Agricultural Products Act.

1 The Alberta Milk Marketing Regulation (AR 151/2002) is amended by this

Regulation.

Section 35 is amended by adding the following after subsection (2):

(3) Despite subsection (1), if Alberta Milk accepts money for

payment to producers on behalf of processors, processors must pay Alberta

Milk the full amount for milk delivered to them, without any deductions.

(4) When a payment is made by a processor to Alberta Milk pursuant

to subsection (3) Alberta Milk assumes the liability to pay to the

producers on behalf of the processor the money it received, subject to the

pooling, deductions and adjustments provided for by this Regulation.

Section 36 is amended by adding the following after subsection (7):

(8) Any money accepted by Alberta Milk from processors for payment

to producers on behalf of processors pursuant to subsection (4) must be

paid to producers, subject to the pooling, deductions and adjustments

provided for by this Regulation.

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Alberta Regulation 286/2002

Safety Codes Act

ELEVATING DEVICES, PASSENGER ROPEWAYS AND

AMUSEMENT RIDES PERMIT REGULATION

Filed: December 4, 2002

Made by the Lieutenant Governor in Council (O.C. 562/2002) on December 4,

2002 pursuant to

section 65 of the Safety Codes Act.

Table of Contents

Definitions 1

Restricted application 2

Permits required 3

Application for construction/alteration permit 4

Acceptance inspections 5

Temporary operation permits 6

Application for operation permit 7

Term of permit 8

Permit refused 9

Application for renewal of permit 10

Identification number 11

Repeal 12

Consequential AR 83/94 13

Expiry 14

Coming into force 15

Definitions

1 In this Regulation,

(a) "acceptance inspection" means an inspection and series of tests

performed by a safety codes officer before a new or altered device is put

into operation to provide evidence of the proper installation of the device

in accordance with the accepted plans and applicable codes;

(b) "Act" means the Safety Codes Act;

(c) "amusement ride" means an amusement ride within the meaning of

the most recent CSA code declared in force under the Safety Codes Act;

(d) "applicable code" means

(

i) with respect to an elevating device or passenger

ropeway, a code that was in force in Alberta on the date that the owner of

the elevating device or passenger ropeway entered into a contract to

purchase it, and

(ii) with respect to an amusement ride, a code that was

in force in Alberta on the date that the design of the amusement ride was

completed;

(e) "authorized accredited agency" means an organization listed in

the

Schedule to the Authorized Accredited Agencies Regulation (AR 184/95);

(f) "certificate of alteration permit" means a permit to authorize

the undertaking of a major alteration of an elevating device or passenger

ropeway;

(g) "certificate of construction permit" means a permit to

authorize construction of an elevating device or a passenger ropeway;

(h) "certificate of operation permit" means a permit to authorize

the operation of an elevating device, passenger ropeway or amusement ride;

(i) "elevating device" means an elevating device within the meaning

of the most recent CSA code B355, B311, B44 or Z185 currently declared in

force under the Act;

(j) "major alteration" means an alteration that, in the opinion of

a safety codes officer, significantly changes the structural or operational

characteristics of the original design, layout drawings, data or any other

information submitted in support of an application for a permit for the

elevating device, passenger ropeway or amusement ride;

(k) "passenger ropeway" means a passenger ropeway within the

meaning of the most recent CSA code declared in force under the Safety

Codes Act;

(l) "safety inspection report" means a report prepared by a

designated safety codes officer employed by an authorized accredited agency

that has been authorized to carry out safety inspection reports for

elevating devices, passenger ropeways and amusement rides or employed by

the Alberta Elevating Devices and Amusement Rides Safety Association.

Restricted application

2 This Regulation applies to

(

a) amusement rides that are located in a place to which the

general public is allowed access, including but not limited to public

events, fairs, carnivals and amusement parks,

(

b) elevating devices, and

(

c) passenger ropeways.

Permits required

3 A person must

(

a) hold a certificate of construction permit in order to construct

an elevating device or a passenger ropeway,

(

b) hold a certificate of alteration permit in order to undertake a

major alteration of an elevating device or passenger ropeway, or

(

c) hold a certificate of operation permit in order to operate an

elevating device, passenger ropeway or amusement ride.

Application for construction/ alteration permit

4(1) The prospective owner of a new elevating device or passenger ropeway,

or the prospective owner's agent, must apply to a safety codes officer for

a certificate of construction permit.

(2) An application under subsection (1) must be accompanied by plans

described in subsection (5).

(3) Prior to altering an elevating device or passenger ropeway, the owner

or the owner's agent must apply to a safety codes officer for a certificate

of alteration permit.

(4) An application under subsection (3) must be accompanied by plans

described in subsection (5).

(5) Plans submitted under this

section must

(

a) have a seal referred to in the Engineering, Geological and

Geophysical Professions Act affixed to them,

(

b) set out all information necessary to demonstrate compliance

with this Regulation and the applicable codes,

(

c) be in a form acceptable to a safety codes officer, and

(

d) be accompanied by the fee for a certificate of construction

permit or a certificate of alteration permit.

Acceptance inspections

5(1) When construction of a new elevating device or passenger ropeway is

completed, the owner or the owner's agent must apply to a safety codes

officer for an acceptance inspection of the device or ropeway.

(2) On completing a major alteration of an existing elevating device or

passenger ropeway before the device or ropeway is restored to service, the

owner or the owner's agent must apply to a safety codes officer for an

acceptance inspection of the device or ropeway.

Temporary operation permits

6 A safety codes officer may issue a temporary certificate of operation

permit for a term of up to one year to an owner or the owner's agent for a

newly constructed or altered elevating device or passenger ropeway

following its inspection under

section 5(1) or an application under

section

Application for operation permit

7(1) The owner of an elevating device, passenger ropeway or amusement ride

or the owner's agent must apply to a safety codes officer for a certificate

of operation permit in accordance with subsection (2).

(2) Subject to subsection (4), an application for a certificate of

operation permit must

(

a) set out all the information necessary to demonstrate compliance

with this Regulation and the applicable codes,

(

b) set out any other information required in writing by a safety

codes officer,

(

c) include a copy of a safety inspection report if it is required

by a safety codes officer,

(

d) be in a form acceptable to a safety codes officer, and

(

e) be accompanied by the applicable fee.

(3) An application for a certificate of operation permit for an amusement

ride must include

(

a) a brief description of the ride, the year it was manufactured

and its identification number,

(

b) confirmation by the owner or person in charge of the amusement

ride that

(

i) the log book is up to date,

(ii) all applicable manuals are readily available at the

amusement ride,

(iii) the manufacturer's directives respecting ride

safety have been performed, and

(iv) the manufacturer's recommendations respecting

non-destructive testing have been performed,

and

(

c) in the case of plans for a new or altered amusement ride, one

or more of the following:

(

i) the seal of a professional engineer;

(ii) the signature of a professional engineer;

(iii) the signature of the manufacturer of the amusement

ride.

(4) For portable amusement rides, in addition to the requirements in

subsection (3), the owner or person in charge must, 21 days prior to its

operation, file with a safety codes officer an itinerary indicating

(

a) the type of amusement ride,

(

b) the amusement ride identification number,

(

c) the location of the amusement ride, and

(

d) the dates when the amusement ride will be operated.

(5) Any change, including additional dates, to the itinerary referred to

in subsection (4) must be filed with a safety codes officer at least 7 days

prior to the date the change takes effect.

Term of permit

8(1) Subject to subsection (2), a certificate of operation permit is valid

until the date specified on the permit but it may remain valid after the

expiration date if an application for a new permit has been submitted to a

safety codes officer before that date.

(2) A certificate of operation permit for an amusement ride, is valid

(

a) for 12 months from the date of issue for permanent amusement

rides, and

(

b) until December 31 of the issuing year for portable amusement

rides.

Permit refused

9 A safety codes officer may refuse to issue a permit for an elevating

device, passenger ropeway or amusement ride if

(

a) incorrect or incomplete information was submitted with the

permit application, or

(

b) plans, blueprints, drawings and specifications for an altered

elevating device, passenger ropeway or amusement ride have not been

submitted.

Application for renewal of permit

10 An owner or the owner's agent who has been issued a certificate of

operation permit must apply for a new certificate of operation permit in

accordance with the requirements of

section 4 before the date on which a

previously issued permit expires or, in the case of a portable amusement

ride, before operating the ride in Alberta.

Identification number

11 A safety codes officer may issue an identification number with respect

to an elevating device, passenger ropeway or amusement ride and may require

that the owner or the owner's agent affix the number to the device, ropeway

or ride in a manner acceptable to the safety codes officer.

Repeal

12 The following regulations are repealed:

(

a) Codes and Procedures Regulation (AR 177/92);

(

b) Amusement Rides Regulation (AR 270/89).

Consequential AR 83/94

13 The Administrative Items Regulation (AR 83/94) is amended by repealing

section 32(2).

Expiry

14 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 February 28, 2011.

Coming into force

15 This Regulation comes into force on January 1, 2003.

Alberta Regulation 287/2002

Assured Income for the Severely Handicapped Act

ASSURED INCOME FOR THE SEVERELY HANDICAPPED

AMENDMENT REGULATION

Filed: December 4, 2002

Made by the Lieutenant Governor in Council (O.C. 570/2002) on December 4,

2002 pursuant to

section 18 of the Assured Income for the Severely

Handicapped Act.

1 The Assured Income for the Severely Handicapped Regulation (AR 203/99)

is amended by this Regulation.

Schedule 1 is amended by adding the following after clause (aa):

(bb) a payment under the Piikani First Nation Settlement Agreement

(Oldman River Dam).

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Alberta Regulation 288/2002

Social Development Act

SOCIAL ALLOWANCE AMENDMENT REGULATION

Filed: December 4, 2002

Made by the Lieutenant Governor in Council (O.C. 571/2002) on December 4,

2002 pursuant to

section 30 of the Social Development Act.

1 The Social Allowance Regulation (AR 213/93) is amended by this

Regulation.

Section 7 is amended by adding the following after clause (d.5):

(d.6) a payment under the Piikani First

Nation Settlement Agreement

(Oldman River Dam) 100% exempt

Alberta Regulation 289/2002

Widows' Pension Act

WIDOWS' PENSION AMENDMENT REGULATION

Filed: December 4, 2002

Made by the Lieutenant Governor in Council (O.C. 572/2002) on December 4,

2002 pursuant to

section 10 of the Widows' Pension Act.

1 The Widows' Pension Regulation (AR 166/83) is amended by this

Regulation.

Section 2 is amended by adding the following after clause (aa):

(bb) a payment under the Piikani First Nation Settlement Agreement

(Oldman River Dam).

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Alberta Regulation 290/2002

Government Organization Act

EDMONTON RESTRICTED DEVELOPMENT AREA

AMENDMENT REGULATION

Filed: December 4, 2002

Made by the Lieutenant Governor in Council (O.C. 573/2002) on December 4,

2002 pursuant to

Schedule 5,

section 4 of the Government Organization Act.

1 The Edmonton Restricted Development Area Regulations (AR 287/74) are

amended by this Regulation.

2 Item 1 of the Schedule, describing land located in Township 53, Range

25, West of the Fourth Meridian, is amended by striking out

SECTION 5: Plans 882 0595 and 892 0486, showing survey for descriptive

purposes of a right-of-way for a Transportation/Utility Corridor.

SECTIONS 8 Plan 892 0486 showing survey for descriptive

& 18: purposes of a right-of-way for a Transportation/Utility Corridor; All

that area west of Plan 022 0629, south of Plan 752 1660 and east of Plan

892 0486 within the northwest quarter of

section 8.

SECTION 20: Plan 882 2941 showing survey for descriptive purposes of a

right-of-way for a Transportation/Utility Corridor; Lots A and B Plan 762

0483 within the northeast quarter of

section 20; All that area north of

Plan 882 2941 within the southwest quarter of

section 20; EXCEPTING

THEREOUT Plan 4291 R.S. within the southwest quarter of

section 20.

SECTION 27: Plan 882 1697 showing survey for descriptive purposes of a

right-of-way for a Transportation/Utility Corridor; All that portion of

Block 6 Plan 179 H.W. lying south and east of Plan 882 1697.

SECTION 28: Plan 882 1697 showing survey for descriptive purposes of a

right-of-way for a Transportation/Utility Corridor and Plan 022 0636.

and substituting

SECTION 5: Plans 882 0595 and 892 0486, showing survey for descriptive

purposes of a right-of-way for a Transportation/Utility Corridor; All that

area south and west of Plan 882 0595 within the southwest quarter of

section 5.

SECTIONS 8 Plan 892 0486 showing survey for descriptive

& 18: purposes of a right-of-way for a Transportation/ Utility Corridor;

All that area west of Plan 022 0629, south of Plan 752 1660 and east of

Plan 892 0486 within the northwest quarter of

section 8; All that area west

of Plan 892 0486, north of Plan 6267 R. and east of Plan 782 0811 within

the northwest quarter of

section 8.

SECTION 20: Plan 882 2941 showing survey for descriptive purposes of a

right-of-way for a Transportation/ Utility Corridor; Lot A of Plan 762

0483; All that area north of Plan 882 2941 within the southwest quarter of

section 20; Area A of Plan 022 1630; EXCEPTING THEREOUT Plan 4291 R.S.

within the southwest quarter of

section 20; Area B of Plan 022 1630.

SECTION 27: Plan 882 1697 showing survey for descriptive purposes of a

right-of-way for a Transportation/ Utility Corridor; All that portion of

Block 6 Plan 179 H.W. lying south and east of Plan 882 1697; EXCEPTING

THEREOUT Plan 022 4775.

SECTION 28: Plan 882 1697 showing survey for descriptive purposes of a

right-of-way for a Transportation/ Utility Corridor and Plan 022 0636;

EXCEPTING THEREOUT Plan 022 4775.

3 Item 2 of the Schedule, describing land located in Township 54, Range

25, West of the Fourth Meridian, is amended by striking out

SECTION 1:

(1) Plan 882 2071 showing survey for descriptive purposes of a

right-of-way for a Transportation/Utility Corridor within the south half of

section 1 and Plan 022 0503.

(2) Plan 882 1652 showing survey for descriptive purposes of a

right-of-way for a Transportation/Utility Corridor within the north half of

section 1.

SECTION 2: Plan 882 2071 showing survey for descriptive purposes of a

right-of-way for a Transportation/Utility Corridor.

and substituting

SECTION 1:

(1) Plans 882 2071 and Area B1 of Plan 022 1071 showing survey

for descriptive purposes of a right-of-way for a Transportation/Utility

Corridor within the south half of

section 1 and Plan 022 0503.

(2) Plans 882 1652 and Areas B2 and B4 of Plan 022 1071 showing

survey for descriptive purposes of a right-of-way for a

Transportation/Utility Corridor within the north half of

section 1;

EXCEPTING THEREOUT Areas A1, A2 and A3 of Plan 022 1071.

SECTION 2: Plans 882 2071 and 022 0942 showing survey for descriptive

purposes of a right-of-way for a Transportation/Utility Corridor.

SECTION 12: Area B3 of Plan 022 1071 showing survey for descriptive

purposes of a right-of-way for a Transportation/Utility Corridor.

4 Item 3 of the Schedule, describing land located in Township 54, Range

24, West of the Fourth Meridian, is amended by striking out

SECTIONS 1 Plan 882 2632 showing survey for descriptive purposes of a

right-of-way for a Transportation/Utility Corridor.

SECTIONS 6 Plan 882 1652 showing survey for descriptive

& 7: purposes of a right-of-way for a Transportation/Utility Corridor.

SECTIONS 8 Plan 882 1651 showing survey for descriptive

& 9: purposes of a right-of-way for a Transportation/Utility Corridor.

SECTIONS 2, Plan 882 1928 showing survey for descriptive

10 & 11: purposes of a right-of-way for a Transportation/Utility

Corridor.

and substituting

SECTION 1: Plans 882 2632, 022 0945 and 022 3334

showing survey for descriptive purposes of a right-of-way for a

Transportation/Utility Corridor; EXCEPTING THEREOUT Plan 022 3335; All that

area southwest of Plan 022 0945 within the west half of

section 1.

SECTIONS 6 Plans 882 1652, 022 0614 and Areas B5, B6 and

& 7: B7 of Plan 022 1071 showing survey for descriptive purposes of a

right-of-way for a Transportation/Utility Corridor; All that area north and

east of Plan 882 1652 within the southeast quarter of

section 7.

SECTIONS 8 Plans 882 1651 and 022 0615 showing survey for

& 9: descriptive purposes of a right-of-way for a Transportation/Utility

Corridor; All that area north and west of Plan 882 1651 within the south

half of

section 8; All that area north and east of Plan 882 1651, and all

that area west of lot 4 of Plan 4415 M.C. within the south half of

section

SECTIONS 2, Plans 882 1928 and 022 1202 showing survey for

10 & 11: descriptive purposes of a right-of-way for a

Transportation/Utility Corridor.

5 Item 4 of the Schedule, describing land located in Township 54, Range

23, West of the Fourth Meridian, is amended by striking out

SECTION 6: Plans 882 2632 and 892 0561, showing survey for descriptive

purposes of a right-of-way for a Transportation/Utility Corridor.

and substituting

SECTION 6: Plans 882 2632, 892 0561 and 022 3334 showing survey for

descriptive purposes of a right-of-way for a Transportation/Utility

Corridor; EXCEPTING THEREOUT Plan 022 3336.

6 Item 5 of the Schedule, describing land located in Township 53, Range

23, West of the Fourth Meridian, is amended by striking out

SECTIONS 16 Plan 892 0981, showing survey for descriptive

& 17: purposes of a right-of-way for a Transportation/Utility

Corridor.

SECTIONS 20 Plans 892 0981 and 892 0369, showing survey

& 21: for descriptive purposes of a right-of-way for a

Transportation/Utility Corridor and Lot B of Plan 992 1889.

SECTIONS 31 Plan 892 0561 showing survey for descriptive

&32: purposes of a right-of-way for a Transportation/Utility

Corridor EXCEPTING THEREOUT Plan 952 3910 within the southwest

quarter of

section 32.

and substituting

SECTIONS 16 Plans 892 0981, 022 3214 and Areas A and

& 17: B of Plan 022 4646 showing survey for descriptive purposes

of a right-of-way for a Transportation/Utility Corridor; EXCEPTING THEREOUT

Area C of Plan 022 4646.

SECTIONS 20 Plans 892 0981, 892 0369 and 022 3214 showing

& 21: survey for descriptive purposes of a right-of-way for a

Transportation/Utility Corridor; Lot B of Plan 992 1889; EXCEPTING THEREOUT

Plan 822 2434.

SECTIONS 31 Plan 892 0561 and Area D of Plan 022 1099

& 32: showing survey for descriptive purposes of a right-of-way

for a Transportation/Utility Corridor; Lot 3 of Plan 8188 E.T.; EXCEPTING

THEREOUT Areas A and B of Plan 022 1099.

7 Item 6 of the Schedule, describing land located in Township 52, Range

25, West of the Fourth Meridian, is amended by striking out

SECTIONS Plan 882 2315 showing survey for descriptive

3, 4 & 9 purposes of a right-of-way for a Transportation/Utility

Corridor and Plan 022 0486 EXCEPTING THEREOUT Plan 002 4559 and Area B on

Plan 002 4731.

SECTIONS Plan 882 0604 showing survey for descriptive

8 & 17: purposes of a right-of-way for a Transportation/Utility

Corridor, excepting thereout Plan 882 2480.

SECTIONS Plan 882 0577, showing survey for descriptive

19, 20 & 29: purposes of a right-of-way for a Transportation/Utility

Corridor, EXCEPTING THEREOUT Lots X, Y and Z, Plan 892 1356, within the

west half of

section 20.

and substituting

SECTIONS Plan 882 2315 showing survey for descriptive

3, 4 & 9 purposes of a right-of-way for a Transportation/Utility

Corridor; Plan 022 0486; All that area of the northerly two hundred and

ninety-seven (297) feet throughout within the southwest quarter of

section

4; EXCEPTING THEREOUT Plan 002 4559 and Area B of Plan 002 4731.

SECTIONS Plan 882 0604 showing survey for descriptive

8 & 17: purposes of a right-of-way for a Transportation/Utility

Corridor; All that area southeast of Plan 882 0604 and west of Lot B of

Plan 802 2074; All that area south and east of Plan 882 0604 and north of

Lot B of Plan 802 2074; EXCEPTING THEREOUT All that area of Plan 882 2480

north and east of Plan 882 0604; All that area of Plan 882 2480 west of

Plan 882 0604.

SECTIONS Plan 882 0577 showing survey for descriptive

19, 20 & 29: purposes of a right-of-way for a Transportation/Utility

Corridor; All that area west of Plan 882 0577 within the southwest quarter

section 29; All that area southwest of Plan 882 0577 within the

northwest quarter of

section 29; EXCEPTING THEREOUT Lots X, Y and Z of Plan

892 1356 within the west half of

section 20.

8 Item 8 of the Schedule, describing land located in Township 51, Range

23, West of the Fourth Meridian, is amended by striking out

SECTIONS Plan 892 0346 showing survey for descriptive

29, 30 & 31: purposes of a right-of-way for a Transportation/Utility

Corridor.

SECTION 32: Plans 892 0346 and 892 0406 showing survey for descriptive

purposes of a right-of-way for a Transportation/Utility Corridor.

and substituting

SECTIONS Plan 892 0346 showing survey for descriptive

29, 30 & 31: purposes of a right-of-way for a Transportation/Utility

Corridor; All that area north of Plan 892 0346 and west of Plan 4615 T.R.

within the northwest quarter of

section 30.

SECTION 32: Plans 892 0346 and 892 0406 showing survey for descriptive

purposes of a right-of-way for a Transportation/Utility Corridor; Lot 2 of

Plan 812 0416; All that area northwest of Plan 892 0406 within the

southeast quarter of

section 32; All that area northwest of Plan 892 0346

within the southwest quarter of

section 32.

9 Item 9 of the Schedule, describing land located in Township 51, Range

24, West of the Fourth Meridian, is amended by striking out

SECTIONS 27 Plan 882 2388 showing survey for descriptive

& 28: purposes of a right-of-way for a Transportation/Utility

Corridor; Area 1 of Plan 012 2043; EXCEPTING THEREOUT Plan 932 2712.

and substituting

SECTIONS 27 Plan 882 2388 showing survey for descriptive

& 28: purposes of a right-of-way for a Transportation/Utility

Corridor; Area 1 of Plan 012 2043; Lot 1 of Plan 932 2712; EXCEPTING

THEREOUT Lot 2 of Plan 932 2712.

10 Item 10 of the Schedule, describing land located in Township 51, Range

25, West of the Fourth Meridian, is amended by striking out

SECTIONS Plan 882 2894 showing survey for descriptive

25 & 26: purposes of a right-of-way for a Transportation/Utility

Corridor EXCEPTING THEREOUT Plans 942 1206 and 002 0909.

and substituting

SECTIONS Plan 882 2894 showing survey for descriptive

25 & 26: purposes of a right-of-way for a Transportation/Utility

Corridor; All that area of Block 3 of Plan 822 0275 northwest of Plan 882

2894 within the northeast quarter of

section 25; EXCEPTING THEREOUT Plans 942 1206 and 002 0909.

Alberta Regulation 291/2002

Marketing of Agricultural Products Act

POTATO GROWERS OF ALBERTA PLAN REGULATION

Filed: December 4, 2002

Made by the Lieutenant Governor in Council (O.C. 574/2002) on December 4,

2002 pursuant to

section 23 of the Marketing of Agricultural Products Act.

Table of Contents

Definitions 1

Designation of agricultural product 2

Part 1

General Operation of Plan

Division 1

Plan

Plan continued 3

Termination of Plan 4

Application of Plan 5

Purpose of Plan 6

Areas 7

Division 2

Operation of Plan by the Commission

Board continued as a commission 8

Functions of the Commission 9

Regulations to operate Plan 10

Financing of Plan 11

Remuneration 12

Auditor 13

Indemnification fund 14

Honorary memberships 15

Part 2

Governance of Plan

Division 1

Producers

General rights of producers 16

Producers who are individuals 17

Producers that are not individuals 18

Division 2

Commission

Members of the Commission 19

Chair 20

Commission meetings 21

Quorum re meeting of members 22

Term of office 23

Resignations and removal from office 24

Division 3

General Meetings of Producers

Annual meetings 25

Special meetings 26

Area meetings 27

Notification of meetings 28

Quorum 29

Division 4

Eligibility, Voting and Elections

Eligibility to vote 30

Election of area members 31

Election of members at large 32

Election results 33

Returning officer 34

Result of invalid election 35

Controverted election 36

Service for unexpired term of office 37

Part 3

Transitional Provision, Review and Repeal

Transitional 38

Review 39

Repeal 40

Definitions

1 In this Regulation,

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

(b) "area" means an area referred to in

section 7;

(c) "Canada Act" means

(

i) the Farm Products Agencies Act (Canada);

(ii) the Agricultural Products Marketing Act (Canada);

(iii) the Advance Payments for Crops Act (Canada);

(d) "Commission" means the Potato Growers of Alberta referred to in

section 8;

(e) "Council" means the Alberta Agricultural Products Marketing

Council;

(f) "dealer" means any person engaged in the business of marketing

potatoes that are purchased or received from a licensed producer;

(g) "licensed producer" means a producer who holds a producer's

licence and

(

i) grows potatoes on one or more parcels of land that

in the aggregate exceed 5 acres, or

(ii) grows potatoes by means of an undertaking that

consists of a facility or operation made up of one or more greenhouses or

laboratories or any combination of greenhouses and laboratories where the

annual gross income, sales and transfers arising from potatoes derived from

that undertaking exceeds $10 000;

(h) "marketing"

(

i) means buying, owning, selling, offering for sale,

storing, grading, assembling, packing, transporting, advertising or

financing, and

(ii) includes any other function or activity designated

as marketing by the Lieutenant Governor in Council;

(i) "person" means a person as defined in the

Interpretation Act

and includes

(

i) a partnership as defined in the Partnership Act;

(ii) an unincorporated organization that is not a

partnership referred to in subclause (i);

(iii) any group of individuals who are carrying on an

activity for a common purpose and are neither a partnership referred to in

subclause (

i) nor an unincorporated organization referred to in subclause

(ii);

(j) "Plan" means the Plan referred to in

section 3;

(k) "potatoes" means a vegetable of the species Tuberosum, and all

related tissue, that is grown in Alberta;

(l) "processing"

(

i) means changing by any means including dehydration

the nature or form of potatoes from their raw or natural state, and

(ii) includes any function or activity designated as

processing by the Lieutenant Governor in Council;

(m) "processor" means a person engaged in the business of

processing potatoes;

(n) "producer" means a person who grows potatoes;

(o) "regulated product" means potatoes;

(p) "representative" means an individual appointed as a

representative under

section 18;

(q) "voters list" means a list of individuals entitled to vote in

an election provided for in this Plan.

Designation of agricultural product

2 Potatoes are designated as an agricultural product for the purposes of

the Act.

Part 1

General Operation of Plan

Division 1

Plan

Plan continued

3 The Alberta Potato Marketing Plan, established under Alberta Regulation

208/88 and amended and continued under Alberta Regulation 274/97, is hereby

revised, amended and continued under this Regulation with the name "Potato

Growers of Alberta Plan".

Termination of Plan

4 This Plan does not terminate at the conclusion of a specific period of

time and remains in force unless otherwise terminated pursuant to the Act.

Application of Plan

5(1) This Plan applies

(

a) to all of Alberta;

(

b) to all persons who produce or market or produce and market

potatoes;

(

c) for the purposes of

section 10(b), (c), (d), (

e) and (g), to

processors and dealers.

(2) Notwithstanding subsection (1), this Plan does not apply to persons

who

(

a) grow potatoes on one or more parcels of land that do not in the

aggregate exceed 5 acres, or

(

b) grow potatoes by means of an undertaking that consists of a

facility or operation made up of one or more greenhouses or laboratories or

any combination of greenhouses and laboratories where the annual gross

income, sales and transfers arising from potatoes derived from that

undertaking does not exceed $10 000.

(3) Notwithstanding subsection (1), this Plan does not apply to a

greenhouse, laboratory or field potato production or marketing operation

that is owned or operated by the Crown in right of Alberta or Canada.

Purpose of Plan

6 The purposes of this Plan are

(

a) to provide for the initiation, support and conduct of programs

for stimulating, increasing and improving the economic well-being of the

potato industry in Alberta;

(

b) to provide for the initiation, support or conduct of studies

and research in connection with

(

i) the sustainable production of potatoes,

(ii) the processing and marketing of potatoes,

(iii) the industrial use of potatoes and by-products of

potatoes, and

(iv) consumer needs and demands with respect to

potatoes;

(

c) to provide assistance in the education of producers with

respect to the proper and profitable methods of production, marketing and

processing of potatoes;

(

d) to provide for the initiation, support and conduct of

promotional activities in respect of the production, marketing and

processing of potatoes;

(

e) to work with any organization that has similar objectives to

those of the Commission;

(

f) to develop industry alliances with other marketing boards and

commissions, grower associations and co-operatives and other persons to

increase producer participation in the industry;

(

g) to provide market information to producers, to encourage the

exchange of information among producers and to encourage communication

among producers;

(

h) to encourage fair and ethical practices among producers;

of Alberta with respect to the production, marketing and processing of

potatoes.

Areas

7 For the purposes of this Plan, Alberta is divided into 2 areas as

follows:

(

a) Alberta North consisting of all of that area of Alberta that is

north of the 7th base line;

(

b) Alberta South consisting of all of that area of Alberta that is

south of the 7th base line.

Division 2

Operation of Plan by the Commission

Board continued as a commission

8 The board known as the "Potato Growers of Alberta" is hereby continued

under this Plan as a commission known as the "Potato Growers of Alberta".

Functions of the Commission

9 The Commission is responsible for the operation, regulation,

supervision and enforcement of this Plan and, without limiting the

generality of the foregoing, the Commission,

(

a) must open one or more accounts in a bank, trust company,

treasury branch, credit union or other secured depository;

(

b) must designate those officers, employees and other persons as

are necessary to sign cheques and transact the Commission's business with

its bank, trust company, treasury branch, credit union or other secured

depository;

(

c) must cause books and records, including financial records, to

be maintained,

(

i) from time to time as may be required under the Act,

the regulations or by order of the Council, or

(ii) as may be determined by the Commission;

(

d) must open its books and records for inspection at all

reasonable times at the office of the Commission on the written request of

any licensed producer;

(

e) must maintain an office, the location of which at all times is

to be made known to the Council and each licensed producer, dealer and

processor;

(

f) may enter into an operating line of credit or other loan

agreement with its bank, trust company, treasury branch, credit union or

other lending institution;

(

g) may designate those officers, employees and other persons as

are necessary to transact the Commission's business;

(

h) may appoint officers, employees and agents, prescribe their

duties and fix their remuneration;

(

i) may, subject to the Act, the regulations and any orders of the

Council, issue general orders governing the Commission's internal operation

as it may from time to time determine;

(

j) may become a member of any organization that promotes the

interests of producers;

(

k) may contribute funds to any organization that promotes the

interests of producers;

(

l) may, in accordance with

section 50 of the Act, with respect to

the production or marketing, or both, of potatoes, be authorized to perform

any function or duty and exercise any power imposed or conferred on the

Commission by or under any Canada Act.

Regulations to operate Plan

10 For the purposes of enabling the Commission to operate this Plan, the

Commission may be empowered by the Council, pursuant to

section 26 of the

Act, to make regulations

(

a) requiring producers engaged in the production or marketing, or

both, of the regulated product to register their names and addresses with

the Commission;

(

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

regulated product to furnish to the Commission any information or record

relating to the production, marketing or processing of the regulated

product that the Commission considers necessary;

(

c) requiring persons to be licensed under this Plan before they

become engaged in the production, marketing and processing, or any one or

more of those functions, of the regulated product;

(

d) prohibiting persons from engaging in the production, marketing

or processing, as the case may be, of the regulated product except under

the authority of a licence issued under this Plan;

(

e) governing the issuance, suspension or cancellation of a licence

issued under this Plan;

(

f) providing for

(

i) the assessment, charging and collection of service

charges and licence fees, as the case may be, from producers from time to

time for the purposes of this Plan, and

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

the service charges and licence fees, as the case may be;

(

g) requiring any person who receives any of the regulated product

from a producer

(

i) to deduct from the money payable to the producer

any service charges, licence fees or levies, as the case may be, payable by

the producer to the Commission, and

(ii) to forward the amount deducted to the Commission;

(

h) providing for the use of any class of service charges, licence

fees, levies or other money payable to or received by the Commission for

the purpose of paying its expenses and administering this Plan and the

regulations made by the Commission;

(

i) providing for the payment to a Canada Board of money that is

payable under a Canada Act.

Financing of Plan

11 In accordance with the regulations, this Plan is to be financed

(

a) by the charging and collection of service charges and licence

fees from producers, and

(

b) by any other money payable to or received or accrued by the

Commission.

Remuneration

12 The members of the Commission are to receive remuneration and expenses

as the Commission considers proper.

Auditor

13 The auditor for the Commission is to be appointed at each annual

meeting.

Indemnifica-tion fund

14 The Commission shall not establish and operate a fund under

section 34

or 35 of the Act.

Honorary memberships

15 The Commission may establish non-voting associate, patron, industry,

affiliate or honorary memberships under this Plan to provide interested

individuals or organizations the opportunity to contribute to the

activities and goals of the Commission.

Part 2

Governance of Plan

Division 1

Producers

General rights of producers

16 In accordance with and subject to this Plan, a licensed producer is

entitled, as a matter of right,

(

a) to attend annual meetings and special meetings;

(

b) to make representations on any matter pertaining to this Plan,

the Commission and the members of the Commission;

(

c) to vote on any matter under this Plan;

(

d) to vote in elections held under this Plan;

(

e) to hold office under this Plan;

(

f) to vote in any plebiscites of producers held under the Act in

respect of this Plan.

Producers who are individuals

17(1) Where a licensed producer is an individual, that individual may,

subject to this Plan, exercise the rights referred to in

section 16.

(2) Subject to subsections (3), (4) and (5), an individual who is a

producer is not to cast a vote under this Plan unless that person's name

appears on the current list of licensed producers.

(3) If an individual is not on the list of licensed producers, that

individual is not to cast a vote in an election unless the individual

(

a) has signed a declaration stating that the individual

(

i) is or qualifies as a licensed producer under this

Plan, and

(ii) resides within the area for which the election is

to be held,

and

(

b) files the declaration signed under clause (

a) with the

returning officer or deputy returning officer at the meeting at which the

election is to be held but prior to the casting of the ballots.

(4) An individual who is eligible to vote may appoint any person as a

proxy to vote on the individual's behalf if the individual appointing the

proxy deposits with the returning officer at least 2 days before the day on

which the vote is to be held the document under which the proxy is

appointed.

(5) A person may not act as a proxy for more than one individual in

respect of the same vote.

Producers that are not individuals

18(1) Where a licensed producer is not an individual, that producer may,

only in accordance with this section, exercise the rights referred to in

section 16.

(2) A licensed producer to which this

section applies must appoint an

individual to be the representative of the licensed producer.

(3) A representative appointed by a licensed producer under this

section

is to

(

a) represent that licensed producer in any matter pertaining to

this Plan,

(

b) attend meetings on behalf of this licensed producer, and

(

c) vote and hold office, as the case may be, on behalf of the

licensed producer.

(4) If a licensed producer is

(

a) a corporation, it must appoint an individual who is a director,

shareholder, member, officer or employee of the corporation as its

representative,

(

b) a partnership, it must appoint an individual who is a partner

or employee of the partnership as its representative, or

(

c) an organization, other than a corporation or a partnership, it

must appoint an individual who is a member, officer or employee of the

organization as its representative.

(5) An appointment of a representative under this

section is to be

(

a) in writing, and

(

b) in the case where a vote is to be taken at a meeting, filed

with the returning officer prior to the calling to order of the meeting at

which a vote is to take place.

(6) A representative of a licensed producer shall not cast a vote under

this Plan unless the individual who is the representative

(

a) presents a document signed by the licensed producer indicating

the name of the person who may vote for the licensed producer, or

(

b) makes a statutory declaration stating that the individual

(

i) is a representative of the licensed producer, and

(ii) has not previously voted in the election or on the

matter in respect of which the individual wishes to cast a vote.

(7) A statutory declaration made under subsection (6)(

b) must be made in

writing before the retuning officer prior to the votes' being cast.

(8) An individual cannot at any one time be a representative under this

section for more than one licensed producer.

(9) A representative shall not vote or hold office before that person's

appointment is filed in accordance with subsection (5).

(10) A representative of a licensed producer who is eligible to vote may

appoint any person as a proxy to vote on the representative's behalf if the

representative appointing the proxy deposits with the returning officer at

least 2 days before the day on which the vote is to be held the document

under which the proxy is appointed.

(11) A person may not act as a proxy for more than one representative in

respect of the same vote.

Division 2

Commission

Members of the Commission

19 The Commission is to consist of 7 members as follows:

(a) 2 members elected from Alberta North;

(b) 2 members elected from Alberta South;

(c) 3 members elected at large.

Chair

20(1) The members of the Commission, at their first meeting following the

election of members to the Commission, are to elect from the members of the

Commission

(

a) a chair of the Commission, and

(

b) a vice-chair of the Commission.

(2) Where the chair's position becomes vacant, the vice-chair is to assume

the position of chair and the members of the Commission are to elect from

among themselves one member to serve as vice-chair.

(3) During their term of office, the chair and vice-chair serve at the

pleasure of the members of the Commission.

Commission meetings

21 The Commission may, at the call of the chair or of not less than 3

members, conduct a meeting of the members of the Commission.

Quorum re meeting of members

22 The quorum necessary for the conduct of business at a meeting of the

members of the Commission is a majority of the Commission members then

holding office.

Term of office

23(1) Subject to subsection (2), each member of the Commission is to be

elected for a term of 3 years.

(2) The term of office of a member,

(

a) if elected at the annual meeting, commences on the conclusion

of the annual meeting at which the member was elected, or

(

b) if elected at an area meeting commences on the conclusion of

the next following annual meeting

and expires on the conclusion of the annual meeting that takes place in the

year that member's term of office is to expire.

(3) A person shall not serve as a member of the Commission for more than 2

consecutive terms.

(4) Notwithstanding subsection (3), where a person has served as a member

of the Commission for 2 consecutive terms, that person is once again

eligible to serve as a member of the Commission once 3 years have expired

from the conclusion of that person's last term of office.

Resignation and removal from office

24(1) A person who resigns as a member of the Commission ceases to be a

member of the Commission on the day that the resignation takes effect.

(2) A member of the Commission who ceases to be a licensed producer or a

representative of a licensed producer during that person's term of office,

ceases to be a member of the Commission effective on the day the producer

ceases to be a licensed producer unless that person sooner resigns as a

member.

(3) Where a member of the Commission is absent from 3 consecutive meetings

of the Commission, without providing reasons that the Commission considers

satisfactory, that person's position on the Commission as a member is

deemed to be vacant at the conclusion of the 3rd consecutive meeting from

which that person is absent.

(4) When a vacancy occurs on the Commission under this section, the

Commission may appoint, with the approval of the Council, a licensed

producer or a representative of a licensed producer to fill the position

from among the persons who are eligible to be elected to that position.

(5) A person appointed under subsection (4) is to serve for that portion

of the term that runs to the next annual meeting following the person's

appointment, at which time

(

a) the person ceases to hold office, and

(

b) an election is to be held to fill the office for the unexpired

portion, if any, of the term of the vacant position.

Division 3

General Meetings of Producers

Annual meetings

25 An annual meeting of the licensed producers is to be held

(

a) once in each year, and

(

b) within 15 months following the date of the commencement of the

last annual meeting.

Special meetings

26(1) A special meeting of the licensed producers

(

a) may be called by the Council,

(

b) may be called by the Commission, and

(

c) must be called by the Commission on the written request of not

less than 10% of the licensed producers.

Area meetings

27(1) The Commission is to organize and finance one area meeting in each

area within a reasonable period of time prior to the annual meeting of

licensed producers.

(2) The purpose of an area meeting, when required, is to elect a member of

the Commission to represent the area.

Notification of meetings

28(1) The Commission is to set the time, place and date of annual

meetings, special meetings and area meetings.

(2) Not less than 15 days prior to the day on which the meeting referred

to in subsection (1) is to take place, the Commission is to send to all

licensed producers who are entitled to vote on any matter at that meeting a

written notice setting out the following:

(

a) the time, place and date and purpose of the meeting;

(

b) if special or extraordinary business is to be transacted at the

meeting, the nature of the business;

(

c) if the meeting is an area meeting, the names of the persons

nominated up to the date of the notice who have been nominated to stand for

election as members of the Commission to represent the area;

(

d) if the meeting is an annual meeting, a ballot containing the

names of the persons nominated at each area meeting who have been nominated

to stand for election as members at large of the Commission.

(3) Any notice under subsection (2) may be conveyed to the licensed

producer

(

a) by ordinary mail sent to the licensed producer's last address

shown on the records of the Commission, or

(

b) by facsimile, e-mail or other electronic means sent to the

licensed producer's last electronic address shown on the records of the

Commission.

Quorum

29 The quorum necessary under this Plan,

(

a) in the case of an area meeting, is 10% of the licensed

producers who reside within the area;

(

b) in the case of an annual meeting or special meeting, is 10% of

the licensed producers.

Division 4

Eligibility, Voting and Elections

Eligibility to vote

30(1) A person is eligible to vote

(

a) on any question put to a vote at an annual meeting or special

meeting, or

(

b) in an election for a member,

if the person

(

c) is a licensed producer or a representative of a licensed

producer, or

(

d) is a person appointed by a licensed producer or a

representative of a licensed producer as a proxy in accordance with

section

17(4) or 18(10)

and is present at the annual meeting or special meeting of the licensed

producers.

(2) If a person who is appointed as a proxy is also a licensed producer or

a representative of a licensed producer, that person is entitled to vote in

that person's own right as a licensed producer or as a representative of a

licensed producer and on behalf of the individual who appointed that person

as a proxy.

(3) A person who is eligible to vote or who holds a proxy pursuant to

section 17(4) or 18(10) may

(

a) vote once on each matter, and

(

b) in the case of an election of members of the Commission, vote

for any number of candidates the person chooses, not exceeding the number

of members to be elected to the Commission,

notwithstanding that the person may manage, operate, own, lease or hold

equity in one or more operations that are licensed separately with the

Commission.

(4) Notwithstanding subsection (1), a person who is eligible to vote in an

election for a member at large may do so without being in attendance at the

annual meeting or special meeting at which the election is to be held if

that person completes the ballot and forwards that completed ballot by mail

or by electronic means to the Commission's office.

(5) The returning officer is to consider any ballot forwarded to the

Commission's office under subsection (4) as being cast in the election if

the ballot is received in the Commission's office at least 3 days before

the annual meeting or special meeting at which the election is to be

conducted.

Election of area members

31(1) Subject to this Plan, the licensed producers who reside within an

area are to elect the members to represent the area.

(2) Nominations for candidates to represent an area must be made to the

returning officer pursuant to subsection (3), prior to or during the area

meeting.

(3) A nomination for a candidate to represent an area as a member must

(

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

satisfactory to the Commission,

(

b) name a licensed producer or a representative of a licensed

producer from the area in respect of which the nomination is being made,

(

c) be made only by a licensed producer who resides within the area

in respect of which the nomination is being made, and

(

d) be accompanied by or have endorsed on the written nomination

the consent of the person being nominated.

(4) One of the current members of the Commission representing the area

must be the chair of the area meeting unless that member is a candidate for

election as a member of the Commission representing the area, in which case

a chair is to be elected from among those licensed producers present at the

meeting who are not candidates in that election.

(5) The chair of the area meeting

(

a) is to vote only in the case of a tie, and

(

b) must forward the results of the election held at the area

meeting to the Commission within 5 days from the day that the area meeting

was held, together with a signed statement affirming that the requirements

of this

section have been met.

(6) The election for a member to represent an area

(

a) is to be held at the area meeting;

(

b) may, notwithstanding clause (a), be held at the annual meeting

(

i) no nominations were received prior to or during the

area meeting, or

(ii) the Council has determined pursuant to

section 36

that an area election is invalid;

(

c) is to be determined by votes case only by persons, or on behalf

of persons, who reside in the area in respect of which the vote is being

held;

(

d) is to be conducted by means of a secret ballot.

Election of members at large

32(1) Three members of the Commission are to be elected by means of a

secret ballot as members at large,

(

a) one of whom is to be elected at each annual meeting, and

(

b) for whom nominations are to be received by the Commission from

the floor of each area meeting in accordance with subsection (3).

(2) On the conclusion of the last of the area meetings to be held prior to

the annual meeting, the Commission is to

(

a) prepare a ballot containing the names of the persons nominated

at the area meetings who have been nominated to stand for election as

members at large, and

(

b) send a ballot to each of the licensed producers in the same

manner as a notice may be sent to a licensed producer under

section 28(3).

(3) A person may be nominated for election as a member at large of the

Commission at an area meeting if

(

a) that person is a licensed producer or a representative of a

licensed producer, and

(

b) that person has consented to being nominated.

Election results

33(1) In the case of an election held under

section 31 or 32,

(

a) the candidate receiving the largest number of votes in the

election is the person who is elected to the position for which the

election is held, but

(

b) if only one person is nominated for the position that is to be

filled, that person is deemed to have been elected to the position.

(2) In the case of an election held under

section 32, if a tie vote occurs

among the candidates receiving the most votes, the returning officer,

immediately following the tabulation of the votes, is to conduct a draw of

names of the tied candidates and the candidate whose name is drawn is

deemed to have been elected.

Returning officer

34(1) The Commission must appoint a returning officer for the purpose of

and in connection with any election or vote taken under this Plan.

(2) The returning officer is to

(

a) compile and maintain a voters list of persons who are entitled

to vote under this Plan;

(

b) ensure that each person who votes in an election is on the

voters list, has signed a declaration pursuant to

section 17 or 18 or has

been appointed as a proxy pursuant to

section 17(4) or 18(10);

(

c) permit scrutiny by a scrutineer of all the actions of the

returning officer in respect of the conduct of an election held under this

Plan.

(3) Unless otherwise directed by the Council, no person shall destroy any

records or ballots in respect of a vote or election held under this Plan

until 90 days have elapsed from the day on which the vote was taken.

Result of invalid election

35(1) If an election is held under this Plan and there is in attendance at

the meeting at which the election is held an insufficient number of persons

who are eligible to vote at the election,

(

a) the election is void, and

(

b) the position for which the election was held is vacant.

(2) Notwithstanding that a position is vacant under subsection (1), the

term of office of the position is deemed to have commenced as if a person

had been elected to the position.

(3) If a position is vacant under subsection (1), the Commission may, with

the approval of the Council, fill the position by appointing, from persons

eligible to be elected to that position, a person to fill that position.

(4) A person appointed under subsection (3) is to serve for that portion

of the term that runs to the next annual meeting following the person's

appointment, at which time

(

a) the person ceases to hold office, and

(

b) an election shall be held to fill the office for the unexpired

portion, if any, of the term of the vacant position.

Controverted election

36(1) If a licensed producer

(

a) questions

(

i) the eligibility of a candidate,

(ii) the eligibility of a voter,

(iii) any matter relating to a ballot or the tabulation

of ballots, or

(iv) any irregularity with respect to the conduct of an

election,

and

(

b) seeks to have the election declared invalid and the position

declared vacant,

that person must, not later than 30 days after the day on which the

election was held, apply in writing to the Council to have the election

declared invalid and the position declared vacant.

(2) If, within the 30-day period referred to in subsection (1), the

Council has not received an application under subsection (1), a person

elected at that election is deemed to be duly elected.

(3) On receipt of an application under subsection (1), the Council must

consider the matter and may

(

a) declare the election to be proper and the position filled if,

in the opinion of the Council, there is no basis for the application,

(

b) declare the election to be proper and the position filled,

notwithstanding that there is a basis for the application if, in the

opinion of the Council,

(

i) the basis for application did not materially affect

the result of the election, and

(ii) the election was conducted substantially in

accordance with this Plan and the Act,

(

c) declare the election to be void and the position vacant if, in

the opinion of the Council, there is a basis for the application and the

basis is sufficient to, or did, affect the result of the election.

(4) Notwithstanding that an election is declared void and a position is

declared vacant under subsection (3)(c), the term of office of the position

declared vacant is nevertheless deemed to have commenced on the day that

the term of office would have commenced if the election had not been

voided.

(5) If the Council declares an election to be void and the position

vacant, the Council may

(

a) order that, within the time that the Council considers proper,

a special meeting be held and an election be conducted to fill the vacant

position, or

(

b) appoint, from among the persons who are eligible to be elected

to the position, a person to fill the vacant position.

(6) A person elected under subsection (5)(

a) is to hold office for the

unexpired portion of the term.

(7) A person appointed under subsection (5)(

b) is to serve for that

portion of the term that runs to the next annual meeting following that

person's appointment, at which time

(

a) that person ceases to hold office, and

(

b) an election is to be held to fill the unexpired portion, if

any, of the term.

Service for unexpired term of office

37 When, pursuant to

section 24, 35 or 36, a person fills a vacancy for

an unexpired term of office that is for a period of less than 18 months,

that unexpired term of office that is served by that person is not to be

considered as a term of office for the purposes of

section 23(2).

Part 3

Transitional Provision, Review and Repeal

Transitional

38(1) In this section,

(a) "new Plan" means the Plan as continued by this Regulation;

(b) "previous Plan" means the Potato Growers of Alberta Plan under

the Potato Growers of Alberta Plan Regulation (AR 274/97) as it read

immediately before the coming into force of this Regulation.

(2) The persons who, immediately before the coming into force of this

Regulation, were members of the Board under the previous Plan, on the

coming into force of the new Plan, continue as members of the Commission

under the new Plan until the members of the Commission are elected under

the new Plan.

Review

39 In compliance with the ongoing regulatory review initiative, this

Regulation must be reviewed on or before January 31, 2008.

Repeal

40 The Potato Growers of Alberta Plan Regulation (AR 274/97) is repealed.

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

Alberta Regulation 292/2002

Insurance Act

CERTIFICATE EXPIRY, PENALTIES AND FEES

AMENDMENT REGULATION

Filed: December 4, 2002

Made by the Lieutenant Governor in Council (O.C. 576/2002) on December 4,

2002 pursuant to

section 498 of the Insurance Act.

1 The Certificate Expiry, Penalties and Fees Regulation (AR 125/2001) is

amended by this Regulation.

Section 1 is repealed and the following is substituted:

Expiry dates

1(1) A life insurance agent's certificate of authority issued,

renewed, amended or reinstated

(

a) during the period from February 16 to the following

December 15 expires on February 15 following the date of its issue,

renewal, amendment or reinstatement;

(

b) during the period from December 16 to the following

February 15 expires on February 15 of the year following the expiry of that

period.

(2) An accident and sickness insurance agent's certificate of

authority issued, renewed, amended or reinstated

(

a) during the period from February 16 to the following

December 15 expires on February 15 following the date of its issue,

renewal, amendment or reinstatement;

(

b) during the period from December 16 to the following

February 15 expires on February 15 of the year following the expiry of that

period.

(3) A general insurance agent's certificate of authority issued,

renewed, amended or reinstated

(

a) during the period from December 16, 2001 to

December 15, 2002 expires on October 31, 2003;

(

b) during the period from December 16, 2002 to August

31, 2003 expires on October 31, 2003;

(

c) during the period from September 1, 2003 to October

31, 2003 expires on October 31, 2004.

(4) After October 31, 2003, a general insurance agent's certificate

of authority issued, renewed, amended or reinstated

(

a) during the period from November 1 to the following

August 31 expires on October 31 following the date of its issue, renewal,

amendment or reinstatement;

(

b) during the period from September 1 to the following

October 31 expires on October 31 of the year following the expiry of that

period.

(5) An adjuster's certificate of authority issued, renewed, amended

or reinstated

(

a) during the period from June 1 to the following

March 31 expires on May 31 following the date of its issue, renewal,

amendment or reinstatement;

(

b) during the period from April 1 to the following May

31 expires on May 31 of the year following the expiry of that period.

Section 3 is repealed and the following is substituted:

Issue or renewal of certificate

3 The fees payable by insurance agents for the issue or renewal of

an insurance agent's certificate of authority are as follows:

(

a) to undertake general insurance

$ 60;

(

b) to undertake life insurance

$ 60;

(

c) to undertake accident and sickness insurance

$ 25;

(

d) despite clause (a), to undertake general insurance limited to a

single class of insurance

$

Section 6 is repealed and the following is substituted:

Amendment or reinstatement of certificate

6 The fee payable by insurance agents for the amendment or

reinstatement of an insurance agent's certificate of authority is $10.

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

Alberta Regulation 293/2002

Insurance Act

INSURANCE AGENTS AND ADJUSTERS AMENDMENT REGULATION

Filed: December 4, 2002

Made by the Lieutenant Governor in Council (O.C. 577/2002) on December 4,

2002 pursuant to

section 498 of the Insurance Act.

1 The Insurance Agents and Adjusters Regulation (AR 122/2001) is amended

by this Regulation.

Section 9 is amended

(

a) by adding the following after subsection (5):

(5.1) If, during the 36-month period following the issuance of

a level 1 general insurance agent's certificate of authority,

(

a) the certificate is cancelled, revoked or suspended,

and

(

b) subsequently the person who holds the certificate

of authority applies for the reinstatement of the certificate under

subsection (8),

the 36-month period referred to in subsection (5) is not extended by

the length of time the certificate was cancelled, revoked or suspended.

(

b) by adding the following after subsection (7):

(7.1) Where a level 1 general insurance agent's certificate of

authority is cancelled under subsection (5) and the individual who held the

certificate of authority applies for a new certificate of authority, the

individual must meet the qualifications set out in subsection (2)(

b) for a

level 2 general insurance agent's certificate of authority.

Section 22 is amended

(

a) in subsection (3)(

a) by adding "C-15 (Loss Adjustment and

Claims Settlements) or" after "must be";

(

b) by repealing subsection (5)(

b) and substituting the following:

(

b) has completed

(

i) the C-32 (Bodily Injury Claims) course

of the Insurance Institute of Canada, and

(ii) either the C-46 (Claims 2) or the C-41

(Property Loss Adjustment) courses of the Insurance Institute of Canada,

and

(

c) in subsection (5)(

c) by striking out "consecutive".

Section 27 is amended by adding the following after clause (c):

(

d) recreational, marine, farm implement and construction equipment

dealers.

Section 29 is amended

(

a) in subsection (2) by adding "of authority" after "for a

certificate";

(

b) in subsection (3) by adding "of authority" after "for a

certificate".

Section 30 is repealed and the following is substituted:

Continuing education requirements

30(1) An individual or a sole proprietor who holds

(

a) a life insurance agent's certificate of authority,

(

b) an accident and sickness insurance agent's

certificate of authority

must complete in the 2-year period commencing on February 16, 2002 at

least 15 hours of the continuing education courses approved under

section

29 with respect to the certificate of authority.

(2) An individual or a sole proprietor who holds a general insurance

agent's certificate of authority must complete in the period commencing on

February 16, 2002 and ending on October 31, 2003 at least 15 hours of the

continuing education courses approved under

section 29 with respect to that

certificate of authority.

(3) After October 31, 2003, a person referred to in subsection

(2) must complete at least 15 hours of the courses referred to in subsection

(2) in each certificate term.

(4) After February 15, 2004, a person referred to in subsection

(1) must complete at least 15 hours of the courses referred to in subsection

(1) in each certificate term.

(5) Subsection (2) does not apply to an individual or sole

proprietor who holds an insurance agent's certificate of authority limited

to hail insurance or livestock insurance.

(6) An individual or a sole proprietor who holds an adjuster's level

1, 2 or 3 certificate of authority must complete in the 2-year period

commencing on June 1, 2002 at least 15 hours of the continuing education

courses approved under

section 29 with respect to the adjuster's

certificate of authority.

(7) After May 31, 2004, the person referred to in subsection

(6) must complete at least 15 hours of the courses referred to in subsection

(6) in each certificate term.

(8) Subsections (1), (2), (4), (5) and (6) do not apply to a

non-resident individual or sole proprietor who holds a certificate of

authority to operate in Alberta if the individual or sole proprietor is a

resident of and is registered in another jurisdiction that has a continuing

education requirement satisfactory to the Minister.

(9) Notwithstanding anything in this section, where an individual or

sole proprietor applies for and obtains a new certificate of authority

(

a) in the 3 months preceding the expiry date for that

certificate, the individual or sole proprietor need not complete the

continuing education required under this

section for the certificate term,

(

b) when there is more than 3 months remaining before

the expiry date for that certificate, the individual or sole proprietor

must complete the number of hours of continuing education calculated in

accordance with the following formula:

A x C

where

A is the number of months remaining in

the certificate term;

B is 12 months;

C is 15 hours.

(10) Subsection (9) takes effect

(

a) on February 16, 2003 for holders of life insurance

agents' certificates of authority,

(

b) on June 1, 2003 for holders of adjusters' level 1,

2 or 3 certificates of authority, and

(

c) on February 16, 2003 for holders of general

insurance agents' certificates of authority.

(11) A person who completes excess hours of continuing education

courses in one certificate term may apply the excess hours to satisfy up to

7.5 hours of continuing education required under this

section in the

certificate term following that certificate term.

(12) Where a certificate of authority for an individual or sole

proprietor is cancelled or revoked within 3 months of the expiry date of

the certificate and the holder of that certificate applies for a new

certificate of authority for the same class of certificate as the former

certificate within 6 months of the cancellation or revocation, the

applicant must have complied with the continuing education requirements

applicable to the former certificate.

(13) In this section, "certificate term" means

(

a) in respect of a life insurance agent's certificate

of authority, the period beginning on February 16 and ending on the next

February 15,

(

b) in respect of an accident and sickness insurance

agent's certificate of authority, the period beginning on February 16 and

ending on the next February 15,

(

c) in respect of a general insurance agent's

certificate of authority, the period beginning on November 1 and ending on

the next October 31, and

(

d) in respect of an adjuster's certificate of

authority, the period beginning on June 1 and ending on the next May

Section 32 is amended

(

a) by adding "of authority" after "for a certificate";

(

b) by adding "of authority" after "certificates" wherever it

occurs.

Section 35 is amended

(

a) in subsection (1) by adding "with a maximum policy payout for

all claims of $2 000 000 in a policy year" after "per claim";

(

b) in subsection (2) by adding "with a maximum policy payout for

all claims of $2 000 000 in a policy year" after "per claim".

9 The Classes of Insurance Regulation (AR 121/2001) is amended

(

a) in

section 1(1)

(

i) by adding the following after clause (k):

(k.1) "equipment warranty insurance" means

the sub-class of boiler and machinery insurance that comprises insurance

against loss of or damage to a motor vehicle or to recreational, marine,

farm implement or construction equipment, arising from its mechanical

failure, but does not include automobile insurance or insurance incidental

to automobile insurance;

(ii) by repealing clause (mm);

(

b) in

section 2(2) by striking out "vehicle warranty insurance"

and substituting "equipment warranty insurance".

10(1) This Regulation except

section 8 comes into force on January 1,

(2) Section 8 comes into force on the coming into force of

section 465 of

the Insurance Act.

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

Alberta Regulation 294/2002

Public Sector Pension Plans Act

PUBLIC SECTOR PENSION PLANS (LEGISLATIVE PROVISIONS)

AMENDMENT REGULATION

Filed: December 4, 2002

Made by the Lieutenant Governor in Council (O.C. 580/2002) on December 4,

2002 pursuant to

Schedule 1, sections 12 and 15 of the Public Sector

Pension Plans Act.

1 The Public Sector Pension Plans (Legislative Provisions) Regulation (AR

365/93) is amended by this Regulation.

Schedule 1 is amended in

section 50 by striking out "2002" and

substituting "2003".

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

Alberta Regulation 295/2002

Public Sector Pension Plans Act

PUBLIC SERVICE PENSION PLAN (APEX CONFORMITY)

AMENDMENT REGULATION

Filed: December 4, 2002

Made by the Lieutenant Governor in Council (O.C. 581/2002) on December 4,

2002 pursuant to

Schedule 2,

section 4 of the Public Sector Pension Plans

Act.

1 The Public Service Pension Plan (AR 368/93) is amended by this

Regulation.

Section 34.1 is amended

(

a) in subsection (3) by striking out "end of the month preceding

that in which" and substituting "date when";

(

b) in subsection (5) by adding ", at the rate that was assumed in

determining that commuted value," after "added".

Section 37 is amended

(

a) in subsection (1) by striking out "38(1)(c)(ii)" and

substituting "38(1)(d)(ii)";

(

b) in subsection (2) by striking out "any form of joint life

pension under

section 38(1)(c)(

i) or (d)" and substituting "the form of

joint life pension under

section 38(1)(d)(i)".

Section 38 is amended

(

a) in subsection (1)

(

i) by repealing clause (c);

(ii) by repealing clause (

d) and substituting the

following:

(

d) a joint life pension, payable during

the joint lives of the pensioner and a nominee designated by the pensioner

and which, after the death of either, continues to be payable

(

i) in the same amount as the

amount payable before the death, or

(ii) in the amount of 2/3 of it,

to the survivor for life and that is

payable, in the event that the survivor dies within 5 years of pension

commencement, for the remainder of the guaranteed term of 5 years from

pension commencement in the amount that was payable to the survivor

immediately before the survivor's death.

(

b) in subsection (3) by striking out "(1)(c)" and substituting

"(1)(d)".

Section 44 is amended

(

a) by renumbering it as

section 44(1);

(

b) in subsection (1)(

b) by striking out "38(1)(c)(ii)" and

substituting "38(1)(d)(ii)";

(

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

(2) Subsection (1), other than clause (

a) of it, also applies where

the request referred to in subsection (1) was made between September 2 and

November 30, 2002.

6 Sections 45 and 45.1 are amended in clause (

a) by striking out

"38(1)(c)(i)" and substituting "38(1)(d)(i)".

Section 48 is amended by adding "(d)" after "38(1)" wherever it occurs.

Section 55 is amended by striking out "(c)(ii)" and substituting

"(d)(ii)".

9 Sections 56 and 56.1 are amended by striking out "38(1)(c)(i)" wherever

it occurs and substituting "38(1)(d)(i)".

10 Sections 59(a)(i)(

A) and 64(a)(i)(

A) are amended by striking out

"38(1)(c)(i)" and substituting "38(1)(d)(i)".

Section 79 is amended

(

a) in subsection (1) by striking out "Where" and substituting

"Except where otherwise specifically provided, where";

(

b) in subsection (5) by striking out "end of the month immediately

preceding the".

Section 80(4) is amended by striking out "38(1)(c)(ii) or

section

38(1)(d), as it relates to

section 38(1)(c)(ii)" and substituting

"38(1)(d)(ii)".

Section 81 is amended

(

a) in subsection (3)(

c) by striking out "after";

(

b) in subsection (6) by striking out "following the death of the

deceased" and substituting "of the deceased's death".

Section 87(5) is repealed and the following is substituted:

(5) The reduction of a pension payable on the first death in the

form specified in

(a)

section 38(1)(c)(ii) or

section 38(1)(d), as it

related to

section 38(1)(c)(ii), as those enactments existed before

December 1, 2002, in the case of a death that occurred before that date, or

(b)

section 38(1)(d)(ii), in the case of a death

occurring on or after that date,

is to be taken as occurring with effect from the beginning of the

month following that in which the death occurred.

Section 93(4) is amended by striking out "38(1)(c)(ii) or

section

38(1)(d), as it relates to

section 38(1)(c)(ii)" and substituting

"38(1)(d)(ii)".

Section 100 is repealed and the following is substituted:

Method of payment of pensions

Section 87 applies, with the references in subsection (5) of it

section 38(1)(c)(ii), (

d) and (d)(ii) being taken as references to

section 49 as it incorporated or incorporates, respectively, those

enactments.

17 This Regulation comes into force on December 4, 2002.

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

Alberta Regulation 296/2002

Public Sector Pension Plans Act

MANAGEMENT EMPLOYEES PENSION PLAN (APEX

CONFORMITY) AMENDMENT REGULATION

Filed: December 4, 2002

Made by the Lieutenant Governor in Council (O.C. 582/2002) on December 4,

2002 pursuant to

Schedule 5,

section 4 of the Public Sector Pension Plans

Act.

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

Regulation.

Section 34.1 is amended

(

a) in subsection (3) by striking out "end of the month preceding

that in which" and substituting "date when";

(

b) in subsection (5) by adding ", at the rate that was assumed in

determining that commuted value," after "added".

Section 37(2) is amended by striking out "a form of joint life pension

under

section 38(1)(c)(

i) or (d), so far as it relates to

section

38(1)(c)(i)" and substituting "the form of joint life pension under

section

38(1)(d)(i)".

Section 38 is amended

(

a) in subsection (1)

(

i) by repealing clause (c);

(ii) by repealing clause (

d) and substituting the

following:

(

d) a joint life pension, payable during

the joint lives of the pensioner and a nominee designated by the pensioner

and which, after the death of either, continues to be payable

(

i) in the same amount as the

amount payable before the death, or

(ii) in the amount of 2/3 of it,

to the survivor for life and that is

payable, in the event that the survivor dies within 5 years of pension

commencement, for the remainder of the guaranteed term of 5 years from

pension commencement in the amount that was payable to the survivor

immediately before the survivor's death.

(

b) in subsection (3) by striking out "(1)(c)" and substituting

"(1)(d)".

Section 48(2) is amended by striking out "references in it to

section

38 being taken as references to

section 49 as it incorporates

section 38"

and substituting "the reference in it to

section 38(1)(d)(

i) being taken as

a reference to

section 49 as it incorporates

section 38(1)(d)(i)".

Section 59 is amended in clause (a)(

i) by striking out "38(1)(c)(i)" and

substituting "38(1)(d)(i)".

Section 64 is amended in clause (a)(i)(

A) by striking out "38(1)(c)(i)"

and substituting "38(1)(d)(i)".

Section 79 is amended

(

a) in subsection (1) by striking out "Where" and substituting

"Except where otherwise specifically provided, where";

(

b) in subsection (5) by striking out "end of the month immediately

preceding the".

Section 80(5) is amended by striking out "(

c) or".

Section 81 is amended

(

a) in subsection (3)(

c) by striking out "after";

(

b) in subsection (6) by striking out "following the death of the

deceased" and substituting "of the deceased's death".

Section 87(5) is repealed and the following is substituted:

(5) The reduction of a pension payable on the first death in the

form specified in

(a)

section 38(1)(c)(ii) or

section 38(1)(d), as it

related to

section 38(1)(c)(ii), as those enactments existed before

December 1, 2002, in the case of a death that occurred before that date, or

(b)

section 38(1)(d)(ii), in the case of a death

occurring on or after that date,

is to be taken as occurring with effect from the beginning of the

month following that in which the death occurred.

Section 93(5) is amended by striking out "(

c) or".

Section 100 is repealed and the following is substituted:

Method of payment of pensions

Section 87 applies, with the references in subsection (5) of it

section 38(1)(c)(ii), (

d) and (d)(ii) being taken as references to

section 49 as it incorporated or incorporates, respectively, those

enactments.

14 This Regulation comes into force on December 4, 2002.

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

Alberta Regulation 297/2002

Alberta Heritage Scholarship Act

ALBERTA HERITAGE SCHOLARSHIP AMENDMENT REGULATION

Filed: December 4, 2002

Made by the Lieutenant Governor in Council (O.C. 583/2002) on December 4,

2002 pursuant to

section 7 of the Alberta Heritage Scholarship Act.

1 The Alberta Heritage Scholarship Regulation (AR 214/99) is amended by

this Regulation.

Section 1 is amended

(

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

(a.1) "Alberta university" means a university as defined

in the Universities Act;

(

b) in clause (b)

(

i) in subclause (

i) by striking out "a university" and

substituting "an Alberta university";

(ii) by repealing subclause (iv);

(iii) by repealing subclause (vii) and substituting the

following:

(vii) a post-secondary educational

institution in Alberta or elsewhere that is approved by the Minister for

the purposes of this Regulation, including for the purposes of

section

3(1)(

c) a non post-secondary educational institution in Alberta approved by

the Minister;

(

c) in clause (

d) by striking out "within or outside Alberta" and

substituting "in Alberta or elsewhere";

(

d) in clause (f)(ii) by striking out "within or outside Alberta"

and substituting "in Alberta or elsewhere";

(

e) in clause (f)(ii) by adding the following after paragraph (C):

(C.1) pharmacy,

(

f) in clause (g)(i)(

B) by striking out "a post-secondary

educational institution" and substituting "an educational institution in

Alberta or elsewhere";

(

g) by repealing clause (j).

Section 2(1)(

c) is amended by adding "in Alberta or elsewhere" after

"institution".

Section 3(1) is amended

(

a) in clause (

b) by striking out "Education" and substituting

"Learning";

(

b) in clause (

c) by striking out "a post-secondary educational

institution" and substituting "an educational institution in Alberta or

elsewhere".

Section 4 is amended

(

a) in subsections (1), (3) and (4) by striking out "United World

College Scholarship" and substituting "Grant MacEwan United World College

Scholarship";

(

b) in subsection (2) by striking out "6" and substituting "8 Grant

MacEwan".

Section 6(1)(

d) is amended by striking out "a post-secondary program"

and substituting "an educational institution".

Section 9(1)(

c) is amended by striking out "a university" and

substituting "an Alberta university".

Section 10 is amended

(

a) in subsection (2)(

a) by striking out "a university" and

substituting "an Alberta university";

(

b) in subsection (3) by striking out "university" and substituting

"Alberta university";

(

c) by repealing subsection (4);

(

d) in subsection (6) by striking out "A university" and

substituting "An Alberta university".

Section 11(1) is amended by striking out "pursuing post-secondary

studies" and substituting "enrolled in an educational institution".

Section 12(4) is amended by striking out "$5000" and substituting "$10

000".

Section 14 is amended

(

a) in subsection (1) by striking out "Alberta Foundation for the

Arts Scholarship for non-academic study or career development in the arts"

and substituting "Arts Career Development Scholarship";

(

b) by repealing subsection (3).

Section 15 is amended

(

a) in subsection (1) by striking out "Alberta Foundation for the

Arts Scholarship for masters or equivalent level study" and substituting

"Arts Graduate Scholarship";

(

b) in subsection (3) by striking out "is $10 000" and substituting

"may not exceed $5000";

(

c) by repealing subsection (4);

(

d) by repealing subsection (5) and substituting the following:

(5) The Minister may grant 2 Arts Graduate Scholarships to the

same individual but may not grant more than one of those scholarships in

the same year to the same individual.

Section 15.1 is amended by striking out "section 2(

a) and (b)" and

substituting "section 2".

Section 19 is amended

(

a) by striking out "(b), (

c) and (d)" and substituting "(a), (

b) and (c)";

(

b) by striking out "$20 000 000" and substituting "$22 000 000".

Section 21 is amended by striking out "September 30, 2004" and

substituting "November 30, 2012".

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

Alberta Regulation 298/2002

Students Finance Act

Student Loan Act

Student Financial Assistance Act

STUDENT FINANCIAL ASSISTANCE REGULATION

Filed: December 4, 2002

Made by the Lieutenant Governor in Council (O.C. 587/2002) on December 4,

2002 pursuant to

section 10 of the Students Finance Act,

section 13 of the

Student Loan Act and

section 22 of the Student Financial Assistance Act.

Table of Contents

Division of Regulation 1

Repeal 2

Expiry 3

Schedule 1

Regulations Under the Students Finance Act

or the Student Loan Act, or Both

Interpretation of

Schedule 1 1

Interpretation - resident in Alberta 2

Part 1

Student Financial Assistance Generally

(Including Loans)

Interpretation of

Part 1 3

Application of

Part 1 4

Forms 5

Availability of money 6

Agents of the Minister 7

Requirements for students 8

Requirements for programs of study 9

Assistance to private vocational school students 10

Purposes of assistance 11

Instalments 12

Conditions of assistance 13

Provision of information and reassessment 14

Appeals 15

Grants and Bursaries

Bursaries and grants to part-time students 16

Northern Alberta Development Bursary 17

Maintenance Grant 18

Grant for Disabled Students 19

Alberta Motion Picture Industry Training Grants 20

Alberta Opportunities Bursary 21

Northern Student Supplement 22

General scholarships, fellowships and awards 23

Part 2

Provisions Dealing Only with Loans

Definitions for

Part 2 24

Application of

Part 2 25

General Loan Provisions

Certificates 26

Loan limits 27

Repayment, etc., of principal and interest 28

Minister's authority to write off 29

Principal and interest during interest free period 30

Interest relief after interest free period 31

Guaranteed Loans

Duties of credit institutions 32

Guaranteed loans - when they become due 33

Instalments under consolidation agreement 34

Repayment under consolidation agreement 35

Rate of interest under consolidation agreement 36

Limit on Government's liability under guarantee 37

Riskshared Loans

Duties of participating credit institutions 38

Direct Loans

Eligibility 39

Schedule 2

Regulations Under the Student

Financial Assistance Act

Division of Regulation

1 Apart from this

section and sections 2 and 3, this Regulation is

divided into

(

a) Schedule 1, containing the regulations made under the Students

Finance Act or the Student Loan Act, or both, which are to apply only with

respect to financial assistance provided under those Acts or either of

them, as the case may be, before the commencement of

section 25 of the

Student Financial Assistance Act, and

(

b) Schedule 2, containing the regulations made under the Student

Financial Assistance Act, which are to apply only with respect to financial

assistance provided under that Act after that commencement.

Repeal

2 The Student Financial Assistance Regulation (AR 215/99) is repealed.

Expiry

3 For the purpose of ensuring that this Regulation is reviewed for

ongoing relevancy and necessity, with the option that it may be repassed in

its present or an amended form following a review, this Regulation expires

on September 30, 2012.

Schedule 1

Regulations Under the Students Finance Act

or the Student Loan Act, or Both

Interpretation of

Schedule 1

1(1) In this Schedule,

(a) "academic year" means the period decided by the Minister, being

not more than 40 weeks and not less than 18 weeks or, exceptionally, such

longer or shorter period as the Minister decides;

(b) "assistance" means student financial assistance, and includes

any repayment, payment, remission, relief or adjustment under

section 28;

(c) "common law partner" means an individual who is not married to

the student in question but

(

i) who has lived with that student in a conjugal

relationship continuously for the past one year,

(ii) who the student has declared to have a status

equivalent to that of the student's common law partner under any other law

of Alberta or of Canada, or

(iii) who is living with that student in a conjugal

relationship, where there are one or more children living in the household;

(d) "dependent student" means a student who is not an independent

student;

(e) "disabled student" means a student with a functional limitation

caused by a physical or mental impairment that restricts the student's

ability to perform the daily activities necessary to participate in studies

at a post-secondary level or in the labour force and whose impairment is

expected to remain for the remainder of the student's natural life;

(f) "full-time student" means a student who is enrolled in not less

than 60% of a full-time program of study in the semester in question at one

or more post-secondary educational institutions;

(g) "independent student" means a student who

(

i) is married or has a common law partner,

(ii) is widowed,

(iii) is divorced,

(iv) is the parent of at least one child,

(

v) has been employed or been available for employment,

or a combination of both, for at least 2 periods of at least 12 consecutive

months each,

(vi) has been employed or available for employment or

has been a full-time student at a post-secondary educational institution,

or in any combination of those situations, for a period totalling at least

4 years, or

(vii) is declared to be an independent student by the

Minister;

(h) "loan", where no specific kind of loan is indicated, means

(

i) a provincial loan, or

(ii) a loan under the Canada Student Loans Act (Canada)

or the Canada Student Financial Assistance Act (Canada);

(i) "loan year" means the period from August 1 in one year to July

31 in the next;

(j) "Minister" means the Minister determined under

section 16 of

the Government Organization Act as the Minister responsible for the Student

Loan Act or the Students Finance Act, as the case may be, or, after the

effective date of the repeal of those Acts, the Student Financial

Assistance Act;

(k) "part-time student" means a student who is enrolled in less

than 60% of a full-time program referred to in subsection (2) in the

semester in question at one or more post-secondary educational

institutions;

(l) "program" means a program of study within the meaning of the

Students Finance Act, and includes anything that is the equivalent of such

a program of study resulting from the application of

section 8(2) of that

Act and also any course, period of training, seminar or similar period of

study that forms part of the criteria expressly stated in this

Schedule as

eligibility criteria for assistance;

(m) "provincial loan" means a loan to a student under the Students

Finance Act or the Student Loan Act, or both;

(n) "semester" means a period of not more than 17 weeks unless the

Minister decides that some other period is appropriate;

(o) "student" includes

(

i) any person or member of a class of persons who is

engaged in a program, and

(ii) a person who was, but no longer is, a student but

who still owes money under an assistance program.

(2) The

definitions in sections 1 of the Students Finance Act and of the

Student Loan Act apply for the purposes of the whole of this Schedule.

(3) In this Schedule, a reference to assistance or any particular kind of

assistance includes assistance or assistance in that particular form that

was awarded or granted before the commencement of this

Schedule under any

predecessor of this Schedule.

Interpretation - resident in Alberta

2(1) For the purposes of this

Schedule and

section 2 of the Student Loan

Act, a person is resident in Alberta if that person

(

a) is a dependent student with a parent who has maintained

permanent residence in Canada for the 12 consecutive months immediately

before, and is maintaining permanent residence in Alberta on, the date on

which the program in respect of which assistance may be or is granted

begins,

(

b) is an independent student who, for the 12 consecutive months

immediately before the date on which that program begins, has maintained

permanent residence in Alberta and has not attended a post-secondary

institution,

(

c) is a Convention refugee as defined in the Immigration Act

(Canada) who is living in Alberta on the date on which that program begins,

(

d) is a person declared, or who falls within a class of persons

declared, to be resident in Alberta by the Minister.

(2) A student who becomes resident in Alberta by virtue of subsection

(1) automatically continues to be resident in Alberta for the remainder of the

academic year and during each subsequent consecutive year in which the

student continues to be continuously enrolled whether in the same or in a

different program and whether in the same or in a different post-secondary

educational institution.

Part 1

Student Financial Assistance Generally

(Including Loans)

Interpretation of

Part 1

3(1) In this Part, "Act" means the Students Finance Act.

(2) For the purposes of this Schedule, where the Government of Alberta or

of Canada has requested the provision of information in an application for

financial assistance of any description, the failure to provide the

information requested is deemed to be the provision of false information.

Application of

Part 1

4 This

Part contains provisions that apply to all forms of assistance

including, where applicable, loans.

Forms

5 Applications for assistance must be made in the form required by the

Minister.

Availability of money

6 Notwithstanding anything in this Schedule, the Minister may award

assistance only if money is available for the assistance.

Agents of the Minister

7 Where a payment may or must be made under this

Schedule to the

Government, it may be made to an agent of the Minister (if any) acting in

respect of the transaction.

Requirements for students

8(1) Subject to other provisions of this Schedule, a student, to qualify

for assistance, must

(

a) be a full-time student except where assistance to a part-time

student is provided for,

(

b) complete an application for assistance in the form set by the

Minister,

(

c) be resident in Alberta,

(

d) establish to the Minister's satisfaction that the student

(

i) is enrolled in a program of study that meets the

requirements of this

Schedule at an educational institution referred to in

section 8(1) of the Act,

(ii) is a person or a member of a class of persons

designated under

section 8(2) of the Act, or

(iii) is enrolled in a class of program of study

designated under

section 8(3) of the Act,

(

e) establish to the Minister's satisfaction that the student is in

financial need, taking into account the financial resources available to

the student, and

(

f) have an academic history that is acceptable to the Minister.

(2) For the purposes of subsection (1)(e), the financial resources of the

student's parents, spouse and common law partner are deemed to be available

to the student.

(3) Notwithstanding anything else in this Schedule, the Minister may

declare ineligible for assistance a student who

(

a) has ever provided to the Government of Alberta or of Canada any

false or misleading information that the Minister considers materially to

affect or have affected the student's eligibility to receive financial

(

b) is or has ever been in default in repaying a loan, or

(

c) has ever filed for bankruptcy, whether discharged or not.

(4) Subsection (3)(

a) does not apply if the student has previously

received financial assistance which has been repaid in full and a period of

3 years, or such other period as the Minister considers appropriate, has

elapsed since that repayment was completed.

Requirements for programs of study

9 A program of study must meet the following requirements:

(

a) in the case of a program for which provincial loans are

provided, the provincial loan default rate with respect to the program is

at a level acceptable to the Minister;

(

b) the Minister considers that the program is appropriately

accredited or that a significant portion of the program is accepted for

credit toward credentials conferred by one of the educational institutions

referred to in

section 8(1)(

a) to (

d) of the Act;

(

c) if the Minister considers the employment of graduates of the

program to be relevant, the potential for employment for graduates of the

program is acceptable to the Minister.

Assistance to private vocational school students

10 Notwithstanding anything else in this Schedule, the Minister may

declare ineligible for assistance a student enrolled in a program of study

that is authorized to be provided under a licence that is issued under the

Private Vocational Schools Act or that the Minister considers equivalent to

a licence issued under that Act unless the licensee has entered into an

agreement with the Minister providing for

(

a) tuition fee refunds,

(

b) notification of withdrawals of students from that program,

(

c) the withdrawal or reduction of assistance if

(

i) the Minister considers that the persons who are or

were enrolled in that program have an unacceptable provincial loan default

rate, and

(ii) the Director of Private Vocational Schools

considers that that program has an unacceptable student retention rate or

that graduates of the program have an unacceptable employment placement

rate,

and

(

d) any other provision that the Minister considers is required for

the proper administration of that program.

Purposes of assistance

11(1) Assistance is awarded to enable a student to pay some or all of the

following costs:

(

a) tuition and other fees that the educational institution

requires the student to pay;

(

b) the cost of books, materials and supplies used in the programs;

(

c) subject to subsection (2), the student's living and other

expenses approved by the Minister.

(2) The Minister may specify a program for which the maximum amount of

assistance, excluding assistance under

section 23, that may be awarded to a

student enrolled in the program is the total of the fees and the costs

referred to in subsection (1)(

a) and (b).

Instalments

12 The Minister may pay assistance to a student in instalments.

Conditions of assistance

13(1) The awarding of assistance, other than under

section 23, is subject

to the following conditions:

(

a) the student must pay all fees referred to in

section 11(1)

within the time period specified by the institution;

(

b) if the Minister considers that all or any of the assistance is

not being or has not been used for the purposes for which it was given, the

student must repay that assistance or the part of it that is considered not

to have been used for those purposes, as the case may be, to the Minister

in favour of the Minister of Finance or, if a credit institution provided

the assistance, to the credit institution;

(

c) if the educational institution refunds to the student all or

part of the tuition or other fees, the student must pay the refund to the

Minister in favour of the Minister of Finance or, if a credit institution

provided the assistance, to the credit institution;

(

d) the student must advise the Minister of any change in the

student's address, single, spousal or common law partner status, financial

circumstances, academic status or study period or in the address or

financial circumstances of the student's parents, spouse or common law

partner;

(

e) the student must enter into any agreement that the Minister

requires.

(2) If the Minister is satisfied that a student has provided any false or

misleading information, the Minister may require the student to repay all

or part of any assistance obtained as a direct or indirect result of the

false or misleading information to the Minister in favour of the Minister

of Finance or, if a credit institution provided the assistance, to the

credit institution.

(3) Any money repayable by a student under subsection (1) or (2) must be

repaid immediately unless the Minister otherwise directs.

Provision of information and reassessment

14(1) The Minister may direct a student to provide any information or

documents to verify any statement made in the student's application for

assistance.

(2) The Minister may refuse to provide the assistance applied for to a

student who does not comply with a direction under subsection (1) and may

require the student immediately to repay all or part of any assistance paid

to or in favour of the student and to pay

(

a) any interest,

(

b) any service fees on loans, and

(

c) any risk premiums paid by the Government to a credit

institution in respect of a loan made under an agreement entered into by

the Minister and the credit institution under

section 9 of the Student Loan

Act.

(3) Based on the information and documents provided under subsection (1),

the Minister may reassess the amount of assistance that the student is

eligible to receive and may require the student to make the immediate

repayment and payment referred to in subsection (2).

Appeals

15(1) A student whose application for assistance is refused on the ground

that the student

(

a) is declared ineligible under

section 8(3),

(

b) is not resident in Alberta, including the question of whether

or not the student is an independent student, or

(

c) in the case of a Northern Alberta Development Bursary, does not

meet the requirements of

section 17(2)

may appeal against the decision to the Minister.

(2) The Minister may, after hearing an appeal under subsection (1) and

considering any information considered relevant, make any decision that the

Minister could have made on the original application.

(3) A student who applies for assistance may appeal against the decision

to a committee appointed from among members of the public by the Minister

(

a) either

(

i) no assistance is awarded, or

(ii) the assistance awarded is less than the amount

applied for,

and

(b) subsection (1) does not apply.

(4) The committee is responsible for hearing an appeal under subsection

(3) and for making recommendations on the appeal to the Minister.

(5) The Minister may, after considering the recommendations of the

committee and any other information that the Minister considers relevant,

make any decision respecting the appeal under subsection (3) that could

have been made on the original application and that the Minister considers

appropriate.

(6) Unless otherwise specified by the Minister, with respect to appeals

under subsection (3),

(

a) hearings are to be conducted by at least 2 members of the

committee,

(

b) the committee's secretary is a non-voting member of the

committee, but may be present during hearings,

(

c) the committee and the appellant are to be provided with all

relevant material before the hearing, including a

summary outlining the

situation and any action taken to date and, in the case of the committee,

all documents provided by the appellant,

(

d) before the hearing, each party is to be given an opportunity to

review the material provided to the committee,

(

e) the appellant is to be allowed to participate in the hearing by

appearing in person or by counsel or an agent or by means of a conference

call, and

(

f) the decision of the majority of the committee members hearing

the appeal is to be recorded, signed by the person chairing the hearing and

provided to the Minister in the form of recommendations.

(7) An appeal under this

section must

(

a) be in writing and filed with the secretary of the committee,

(

b) be filed before the end of the academic year for which the

assistance is applied, and

(

c) provide

(

i) the applicant's name, current address and telephone

number,

(ii) the decision appealed against,

(iii) the reasons for the appeal, and

(iv) any other relevant information requested by the

Minister or that the applicant wishes considered.

Grants and Bursaries

Bursaries and grants to part-time students

16(1) The Minister may award a bursary or grant to a part-time student who

is enrolled at an educational institution in Alberta in

(

a) a program of study, or

(

b) a community adult learning course approved by the Minister.

(2) The maximum amount of a bursary or grant under this

section is $300

per semester.

(3) A bursary or grant under this

section may be used only to pay for the

cost of

(

a) tuition fees for the courses in the program,

(

b) books, materials and supplies used in those courses,

(

c) transportation of the student to allow attendance at the

courses, or

(

d) child care for the student's children while the student attends

the courses.

Northern Alberta Development Bursary

17(1) The Minister may award assistance to a student in the form of a

Northern Alberta Development Bursary.

(2) To be eligible to receive a Bursary under subsection (1), a student

(

a) must either be resident in Alberta or must have maintained

permanent residence in Alberta for a period of at least 3 years immediately

before the student's enrolment in the program for which the Bursary would

be granted, and

(

b) subject to subsection (3), must enter into an agreement that

provides at least

(

i) that the student will, after completing or

terminating that program, both live and either work or provide services

within the boundaries of the Northern Alberta Development Council for the

period stipulated in the agreement, and

(ii) for the repayment of all or part of the Bursary if

the student does not comply with the terms or conditions of the agreement.

(3) The Minister may waive the requirement to enter into an agreement

under subsection (2)(

b) if

(

a) the student is enrolled in a program that runs for less than a

full academic year, or

(

b) the Minister considers that there are special circumstances.

(4) The maximum amount of a Bursary that may be awarded to a student in an

academic year under subsection (1) is

(

a) in the case of a student who is exempted under subsection

(3) from the requirement of an agreement, $1500, and

(

b) in any other case,

(i) $3500, or

(ii) $7000 if the Minister considers that considerable

difficulty exists in recruiting

(

A) students to a program, or

(

B) graduates of a program to work within

the boundaries of the Northern Alberta Development Council.

Maintenance Grant

18(1) The Minister may award assistance in the form of a Maintenance Grant

to a student who

(

a) the Minister considers is socially disadvantaged and requires

special help, and

(

b) has obtained a loan of $1000 or more in the loan year in which

the academic year or semester referred to in subsection (2) begins.

(2) The maximum amount of a Maintenance Grant is

(

a) in the case of a student enrolled in an accelerated program,

$9000 in an academic year or $4500 in a semester, or

(

b) in any other case, $6000 in an academic year or $3000 in a

semester.

(3) In subsection (2), "accelerated program" means a program of study

that, in the opinion of the Minister,

(

a) is offered in 1/2 or less than 1/2 of the time over which it is

normally offered, as measured in the number of program weeks,

(

b) leads to a common Alberta or federally recognized credential,

and

(

c) has acceptable loan delinquency rates.

Grant for Disabled Students

19 The Minister may award assistance in the form of a Grant for Disabled

Students, in an amount not exceeding $1000 per semester, to a disabled

student who the Minister considers requires special help.

Alberta Motion Picture Industry Training Grants

20(1) The Minister may award assistance in the form of an Alberta Motion

Picture Industry Training Grant, at a rate not exceeding $5000 per course

or seminar, to a full-time or a part-time student who

(

a) is enrolled in a course or seminar approved by the Minister

that is related to the film industry, and

(

b) the Minister considers has the potential to benefit the film

industry in Alberta.

(2) The Minister may award assistance in the form of an Alberta Motion

Picture Industry On-the-Job Training Grant to an employer in that industry

if the Minister considers that the assistance would be of benefit to that

industry and on condition that

(

a) the assistance is used to train an individual in a field

related to that industry,

(

b) the trainee is trained by a craftsperson qualified in that

field,

(

c) the trainee is not replacing a qualified craftsperson during

the training, and

(

d) payment of the whole of the assistance is deferred until the

conclusion of the training.

(3) The amount of an Alberta Motion Picture Industry On-the-Job Training

Grant award is not to exceed the rate of $200 for each week in which the

training continues to a maximum period of 6 months.

Alberta Opportunities Bursary

21(1) The Minister may award assistance in the form of an Alberta

Opportunities Bursary to a student who

(

a) meets the minimum financial need threshold set by the Minister,

and

(

b) is attending an educational institution participating in the

Alberta Opportunities Bursary.

(2) The maximum amount of an Alberta Opportunities Bursary is $1500 in an

academic year.

Northern Student Supplement

22(1) The Minister may award assistance in the form of a Northern Student

Supplement to a student who

(

a) is attending an educational institution participating in the

Alberta Opportunities Bursary, and

(

b) either

(

i) lived, for at least the 12 months immediately

preceding the date of application for the Supplement, within the boundaries

of the Northern Alberta Development Council, or

(ii) graduated from a high school located within those

boundaries.

(2) The maximum amount of a Northern Student Supplement is $1500 in an

academic year.

General scholarships, fellowships and awards

23(1) The Minister may award assistance to full-time students or part-time

students engaged in any programs in the form of scholarships, fellowships,

prizes, grants or bursaries or any combination of them that are not among

those specified in another

section of this Part.

(2) Sections 8(1) and 13(1) do not apply to assistance awarded under this

section.

(3) The Minister may establish the conditions, criteria and award amounts

under or for which the assistance under this

section will be awarded.

(4) If assistance under this

section is paid in instalments, the

instalments must be paid over the period of time for which the assistance

was awarded, but not exceeding 12 months in any case.

Part 2

Provisions Dealing Only With Loans

Definitions for

Part 2

24 In this Part,

(a) "Act" means the Student Loan Act;

(b) "consolidation of direct loans agreement" means an agreement

between a student and the Minister consolidating, and setting the terms of

payment by the student of principal and interest for, the student's

outstanding direct loans;

(c) "consolidation of guaranteed loans agreement" means an

agreement between a student and a non-participating credit institution

consolidating, and setting the terms of payment by the student of principal

and interest for, the student's outstanding guaranteed loans held by that

non-participating credit institution;

(d) "consolidation of riskshared and guaranteed loans agreement"

means an agreement between a student and a participating credit institution

consolidating, and setting the terms of payment by the student of principal

and interest for, the student's outstanding riskshared and guaranteed loans

held by that participating credit institution;

(e) "direct loan" means a provincial loan by the Government to a

student under an agreement between the Minister and the student;

(f) "guaranteed loan" means a provincial loan by a credit

institution to a student that is guaranteed by the Government;

(g) "interest free period" means the continuous period commencing

when a person became a full-time student and continuing

(

i) until the last day of the 6th month after the

person ceased to be a full-time student, if the person ceased to be a

full-time student on or before April 1, 2001,

(ii) until July 31, 2001, if the person ceased to be a

full-time student after April 1, 2001 but before August 1, 2001, and

(iii) until the last day of the month in which the person

ceased or ceases to be a full-time student, if the person ceased or ceases

to be a full-time student on or after August 1, 2001,

but treating any break of 6 months or less between the times

the person ceased to be a full-time student and subsequently resumed

full-time student status as not breaking that continuity;

(h) "loan holder" means the person or body (including the

Government of Alberta or of Canada) that is the creditor under a loan at

the time in question;

(i) "participating credit institution" means a credit institution

that has, and "non-participating credit institution" means a credit

institution that has not, entered into an agreement with the Minister under

section 9 of the Act;

(j) "riskshared loan" means a provincial loan under an agreement

entered into under

section 9 of the Act involving the payment of a risk

premium by the Government to a credit institution under

section 9(2)(

c) of

the Act.

Application of

Part 2

25 This

Part contains provisions that apply only to loans and not to

other forms of assistance.

General Loan Provisions

Certificates

26(1) In this section, "certificate" means a certificate of eligibility

authorizing a provincial loan or any other means established under

section

3 of the Act to authorize a provincial loan.

(2) The Minister may issue a certificate to a student who meets the

requirements of

section 8 if

(

a) the other applicable requirements of

Part 1 respecting

provincial loans are met, and

(

b) the amount of the loan would not cause the student to exceed a

loan limit under

section 27.

the Minister and set out in the certificate.

Loan limits

27(1) Subject to subsection (2), a student is not eligible for a loan if

that loan would result in the outstanding principal amount of all loans

owing by the student exceeding the aggregate loan limit specified by order

of the Minister or such higher aggregate loan limit as the Minister directs

with respect to that student.

(2) A student who has received financial assistance under the Canada

Student Loans Act (Canada) or the Canada Student Financial Assistance Act

(Canada), or both, in a loan year may receive in that loan year a

provincial loan that exceeds the limit set by subsection (1) provided that

that provincial loan, when combined with the total amount of all the

student's loans made in that loan year and outstanding under any program of

financial assistance for students (including federal assistance), does not

exceed the annual loan limit specified for that loan year by order of the

Minister.

Repayment, etc., of principal and interest

28(1) Subject to this section, the Minister may, in whatever manner the

Minister considers appropriate, pay, repay, remit, relieve or otherwise

adjust all or any portion of the principal or interest, or both, owing

(

a) on any provincial loan, or

(

b) in accordance with this section, on any other loan,

in favour of the loan holder or, if there is more than one loan holder, in

favour of those loan holders that the Minister considers appropriate.

(2) In subsections (3) to (10), any reference to a payment or the making

of a payment includes the making or giving of any repayment, remission,

relief or other adjustment under this section.

(3) A payment under this

section may not be made unless

(

a) the application for the payment, if the Minister required such

an application, is received by the Minister within the time period that the

Minister establishes for making that application,

(

b) the information required by the Minister is provided, and

(

c) the borrower is no longer a full-time student.

(4) Section 8(1) does not apply to a payment under this section.

(5) The Minister may not make a payment under this

section in respect of a

loan made before July 1, 1971.

(6) If a loan

(

a) was made under the Act on or after July 1, 1971 but before July

1, 1975, the Minister may pay not more than 25% of the original principal

of the loan,

(

b) was made under the Canada Student Loans Act (Canada) on or

after July 1, 1973 but before July 1, 1975, the Minister may pay not more

than 25% of the original principal of the loan,

(

c) was made under the Act or the Canada Student Loans Act

(Canada), or both, on or after July 1, 1975 but before May 1, 1990, the

Minister may pay not more than 50% of the original principal of the loan,

(

d) is or was made under the Act or the Students Finance Act, or

both, on or after May 1, 1990, the Minister may pay the whole or any

portion of the original principal of the loan if the total of the original

amounts of principal for all loans obtained by the student borrower under

the Act, the Students Finance Act, the Canada Student Loans Act (Canada)

and the Canada Student Financial Assistance Act (Canada) exceeds the debt

level established by the Minister for the year in which the borrower ceased

to be a full-time student.

(7) The Minister may make a payment under this

section at one time or in a

series of payments over a period not exceeding 5 years.

(8) If the Minister decides to make a payment under this

section of all or

any portion of the principal of and interest on a provincial loan but the

student pays the loan and pays all the interest on it before completion of