Alberta Gazette — 15 October (ii)
1015 ii
Alberta — Gazette
Alberta Regulation 286/2003
Corrections Act
CORRECTIONAL INSTITUTION AMENDMENT REGULATION
Filed: September 23, 2003
Made by the Lieutenant Governor in Council (O.C. 411/2003) on September 23,
2003 pursuant to
section 33 of the Corrections Act.
1 The Correctional Institution Regulation (AR 205/2001) is amended by
this Regulation.
Section 47 is repealed and the following is substituted:
When punishment may be imposed
47(1) No inmate shall
(
a) disobey an order of the Director or an employee;
(
b) break a rule of an institution or fail to comply
with the Act or this Regulation;
(
c) be disrespectful to an employee or a visitor to an
institution;
(
d) be idle, careless or negligent at work;
(
e) refuse to work;
(
f) assault another prisoner;
(
g) use indecent or foul language or gestures;
(
h) commit an indecent act;
(
i) use abusive, insolent, threatening or other
improper language;
(
j) communicate with another inmate without authority
to do so;
(
k) enter the cell of another inmate or any other place
without authority to do so;
(
l) leave the inmate's cell, place of work or any other
place without the consent of an employee;
(
m) wilfully or negligently disfigure or damage any
part of an institution or any property that is not the inmate's;
(
n) fail to keep the inmate's person, clothing, bedding
or cell neat and clean;
(
o) have in the inmate's cell or possession any
unauthorized
article or attempt to obtain such an article;
(
p) give to or receive from any person any unauthorized
article;
(
q) create a disturbance or incite other inmates to
create a disturbance;
(
r) commit or threaten to commit violence on an
employee;
(
s) feign an illness or otherwise malinger;
(
t) persist in making frivolous or groundless
complaints;
(
u) do anything that is prejudicial to good order and
discipline in an institution;
(
v) counsel, procure or incite another inmate to do
anything referred to in clauses (
a) to (u);
(
w) attempt to do anything referred to in clauses (
a) to (v).
(2) The Disciplinary Board may direct that an inmate be punished if
the inmate contravenes subsection (1).
Section 48 is amended by striking out "any alcoholic liquid, volatile
substance, hallucinogen, opiate, barbiturate, amphetamine or any other
drug" and substituting "an illicit drug".
4 The following is added after
section 48:
Illicit drug tests
48.1(1) The Chief Executive Officer must establish,
(
a) for the purposes of
section 14.1 of the Act, a
random selection urinalysis illicit drug test program, and
(
b) for the purposes of
section 14.2 of the Act, a
urinalysis and breath sample illicit drug test program.
(2) The program described in subsection (1)(
a) must require samples
to be provided by inmates whose names have been chosen by random selection
from among the names of the entire inmate population of the institution.
(3) The programs described in subsection (1) must provide for the
following:
(
a) how samples are handled to ensure that there is no
tampering, substitution or loss before testing;
(
b) the manner and form in which tests are to be
recorded;
(
c) what level of illicit drug in the sample is
considered to be a positive result for the purposes of
section 48 of the
Regulation and
section 15(2)(
c) of the Act;
(
d) any other matter considered advisable by the Chief
Executive Officer.
Sample demand
48.2(1) If a demand is made of an inmate to provide
(
a) a urine sample, or
(
b) a breath sample
pursuant to
section 14.1 or 14.2 of the Act, the person making the
demand must forthwith inform the inmate of the grounds of the demand and
the consequences of non-compliance.
(2) To ensure the reliability of a urine sample provided pursuant to
subsection (1), the inmate must provide the sample in the presence of an
employee who is of the same sex as the inmate.
(3) An inmate who is required to provide
(
a) a urine sample, or
(
b) a breath sample
pursuant to
section 14.2(1) of the Act must be given the opportunity
to make representations to the director or the director's delegate before
providing the urine sample or breath sample.
(4) If an inmate objects to providing a urine sample or a breath
sample pursuant to
section 14.2(1) of the Act, the director or the
director's delegate must review the grounds for the demand for the sample
and the inmate's objections to determine whether there are reasonable
grounds on which to require a sample, and
(
a) if the director or the director's delegate
determines that there are reasonable grounds, direct the inmate to provide
a sample, and
(
b) if the director or the director's delegate
determines that there are not reasonable grounds, direct the inmate to not
provide a sample.
(5) An inmate must, within 2 hours of
(
a) a demand by an employee to provide a urine sample
or a breath sample pursuant to
section 14.1 or 14.2 of the Act, or
(
b) a direction by the director or the director's
delegate to provide a sample pursuant to subsection
(3) whichever is the later, provide the person making the demand with the
sample.
5 This Regulation comes into force on the coming into force of
section 6
of the Corrections Amendment Act, 2003.
------------------------------
Alberta Regulation 287/2003
Insurance Act
MISCELLANEOUS PROVISIONS AMENDMENT REGULATION
Filed: September 23, 2003
Made by the Lieutenant Governor in Council (O.C. 415/2003) on September 23,
2003 pursuant to
section 15 of the Insurance Act.
1 The Miscellaneous Provisions Regulation (AR 120/2001) is amended by
this Regulation.
Section 3 is repealed and the following is substituted:
Prescribed entities and benefits for s15, Act purposes
3(1) The following are the prescribed entities for the purposes of
section 15 of the Act:
(
a) an employer with employees who are resident or
employed in Alberta;
(
b) an association, or the trustees or the principals
of an association, plan, trust or fund, that provides the benefits referred
to in subsection (2) to its members or participants who are employees
resident or employed in Alberta of one or more employers that participate
directly or indirectly in that association, plan, trust or fund;
(
c) any combination of 2 or more persons referred to in
clauses (
a) and (
b) or either of them.
(2) The benefits prescribed for the purposes of
section 15 of the
Act are any medical care or goods or services for employees or former
employees that are not provided under the Alberta Health Care Insurance Act
or are provided after the limits for that care or those goods or services
under the Alberta Health Care Insurance Act have been reached.
3 The following is added after
section 3:
Prescribed benefits for s15.1, Act purposes
3.1 The benefits prescribed for the purposes of
section 15.1(2) of
the Act are
(
a) any short or long term income replacement benefits,
and
(
b) any benefits under a pension plan that is
registered under the Income Tax Act (Canada).
4(1)
Section 2 comes into force on the commencement of
section 30 of the
Financial Sector Statutes Amendment Act, 2003, so far as it repeals
section
15 of the Act and substitutes a new
section 15.
(2) Section 3 comes into force on the commencement of
section 30 of the
Financial Sector Statutes Amendment Act, 2003, so far as it adds a new
section 15.1 to the Act.
------------------------------
Alberta Regulation 288/2003
Public Sector Pension Plans Act
PUBLIC SECTOR PENSION PLANS (LEGISLATIVE PROVISIONS)
(PSMPP CLOSED MEMBERSHIP) AMENDMENT REGULATION
Filed: September 23, 2003
Made by the Lieutenant Governor in Council (O.C. 417/2003) on September 23,
2003 pursuant to
Schedule 2,
section 4;
Schedule 5,
section 4 and
Schedule
section 12 of the Public Sector Pension Plans Act.
1 The Public Sector Pension Plans (Legislative Provisions) Regulation (AR
365/93) is amended by
section 2.
2 The following is added after
Schedule 5:
SCHEDULE 6
PUBLIC SERVICE MANAGEMENT (CLOSED
MEMBERSHIP) PENSION PLAN PROVISIONS
Pension suspension
1(1) In this section, references to sections 22 and 23 are to be
taken to refer to those sections of the Public Service Management Pension
Plan Regulation (AR 311/85), as those sections had been saved and were
applicable to the Plan before and as at the end of 2000.
(2) Once a pension has commenced, it may not be suspended for any
reason.
(3) Subsection (2) does not affect the ongoing validity of a pension
suspension effected before 2001 under
section 22(1) (but not under
section
23), as provided for in subsection (4).
(4) Subject to subsection (5),
section 22(1) continues to apply with
respect to pension suspensions effected under it before 2001 so long as the
person continues, without interruption, to make current service
contributions within the meaning of and to the permanent plan or the Public
Service Pension Plan.
(5) A person whose pension was, as at the end of 2000, under
suspension pursuant to
section 22(1) may, within 120 days of the enactment
of this section, apply in writing to the Minister not to have subsection
(4) apply to that person at all, in which case subsection (4) does not so
apply and payment of the pension recommences with effect from January 1,
2001, with interest at the applicable rate referred to in
section 79(1)(
b) of the permanent plan.
(6) Where, as at the end of 2000, a pension was under suspension
under
section 23, payment of the pension is to recommence as at January 1,
2001, with interest at the rate referred to in subsection (5).
(7) Sections 22(2) and (3) and 23 are to be treated as not applying
after 2000.
(8) This
section applies with respect to all pensionable service,
whether before or after the end of 1991.
3 The Management Employees Pension Plan (AR 367/93) is amended in
section
11(d.1) by striking out "or under the Public Service Pension Plan" and
substituting ", the Public Service Pension Plan or the Public Service
Management (Closed Membership) Pension Plan".
4 The Public Service Pension Plan (AR 368/93) is amended in
section
11(d.1) by striking out "or under the Management Employees Pension Plan"
and substituting ", the Management Employees Pension Plan or the Public
Service Management (Closed Membership) Pension Plan".
5 This Regulation is deemed to have come into force on January 1, 2001.
------------------------------
Alberta Regulation 289/2003
Private Vocational Schools Act
PRIVATE VOCATIONAL SCHOOLS AMENDMENT REGULATION
Filed: September 24, 2003
Made by the Lieutenant Governor in Council (O.C. 418/2003) on September 23,
2003 pursuant to
section 24 of the Private Vocational Schools Act.
1 The Private Vocational Schools Regulation (AR 66/94) is amended by this
Regulation.
Section 30.1 is amended by striking out "September 30, 2003" and
substituting "January 31, 2004".
------------------------------
Alberta Regulation 290/2003
Marketing of Agricultural Products Act
ALBERTA CHICKEN PRODUCERS MARKETING
AMENDMENT REGULATION
Filed: September 26, 2003
Made by the Alberta Chicken Producers on September 19, 2003 pursuant to
sections 26 and 27 of the Marketing of Agricultural Products Act.
1 The Alberta Chicken Producers Marketing Regulation (AR 3/2000) is
amended by this Regulation.
Section 1 is amended by adding the following after clause (o):
(o.1) "On-Farm Food Safety Assurance Program" means the program known
as the On-Farm Food Safety Assurance Program as approved or varied from
time to time by the Canadian Food Inspection Agency;
Section 5 is amended
(
a) in subsection (1) by striking out "subsection (3)" and
substituting "subsections (3) and (3.1)";
(
b) in subsection (3) by striking out "or" at the end of clause
(a), by adding "or" at the end of clause (
b) and by adding the following
after clause (b):
(
c) fails to comply with any technical requirements
under the On-Farm Food Safety Assurance Program.
(
c) by adding the following after subsection (3):
(3.1) Notwithstanding subsection (3)(c), where an authorized
producer fails to comply with any technical requirements under the On-Farm
Food Safety Assurance Program, the Board may renew that producer's licence
on the condition that, until the producer complies with those requirements,
that producer's quota must be leased to another authorized producer or to a
person who is licensed as a lessee of quota.
Section 7 is amended
(
a) in subsection (1)(
a) by striking out "or" at the end of
subclause (i), by adding "or" at the end of subclause (ii) and by adding
the following after subclause (ii):
(iii) fails to comply with any technical requirements
under the On-Farm Food Safety Assurance Program,
(
b) by adding the following after subsection (3):
(4) Notwithstanding subsection (1)(a)(iii), where the Board is of
the opinion that an authorized producer has failed to comply with any of
the requirements under the On-Farm Food Safety Assurance Program, the Board
may choose not to suspend that producer's quota if the producer leases or
has leased the producer's quota to another authorized producer or to a
person who is licensed as a lessee of quota.
5 The following is added after
section 28.1:
New market programs
28.2(1) In this section,
(a) "new market development quota" means a new market
development quota as defined in
section 28;
(b) "new market program" means a program referred to in
section 28 that is established for the purposes of developing new markets;
(c) "period" means period as defined in
section 28;
(d) "supply agreement" means an agreement between a
processor and an authorized producer for the supply of chicken.
(2) Where, in respect of a new market program, the processor and an
authorized producer enter into a supply agreement, the supply agreement,
even though it is to be negotiated between processor and the producer, is
not effective until
(
a) the supply agreement has been approved by the
Board, and
(
b) the Board has approved a lease of new market
development quota to the authorized producer for the purposes of supplying
chicken under the supply agreement.
(3) When a supply agreement is entered between a processor and an
authorized producer, either the producer or processor must submit the
supply agreement to the Board and on considering the agreement the Board
may do one or more of the following:
(
a) approve the supply agreement;
(
b) approve a lease of new market development quota to
the producer;
(
c) impose any conditions and issue any directions that
the Board considers appropriate in respect of the supply agreement or lease
of new market development quota;
(
d) refuse to grant the approvals.
(4) Where an authorized producer has submitted a supply agreement
entered into between the producer and a processor to the Board for
approval, the Board must notify the producer and the processor
(
a) as to whether the supply agreement and the lease of
the new market development quota have been approved, and
(
b) if the approvals have been granted, of the
conditions or directions, if any, that have been imposed in respect of the
approvals.
(5) The maximum amount of new market development quota that an
authorized producer is eligible to lease under this
section shall not
exceed the amount of marketing quota that would be available to that
producer if the utilization factor in effect for the period or periods
covered by the lease were 100%.
(6) The lease rate and payment terms for a lease of new market
development quota under this
section is to be determined by the Board.
(7) If
(
a) a processor fails to carry out a new market program
in accordance with the program or any conditions imposed or directions
given by the Board, the Board may revoke the approval granted in respect of
the program;
(
b) a processor or an authorized producer fails to
comply with any of the provisions of an approved supply agreement or any
conditions imposed or directions given by the Board, the Board may revoke
the approval granted in respect of the supply agreement;
(
c) an authorized producer fails to comply with any of
the terms of the lease of new market development quota approved under this
section or of any conditions imposed or directions given by the Board in
respect of the lease, the Board may revoke the lease.
(8) Any application or submission made to the Board under this
section must
(
a) be in a form established or provided for, and
(
b) contain the information required,
by the Board or that is otherwise acceptable to the Board.
(9) The Board may by resolution establish rules, procedures and
policies respecting
(
a) the making of applications or submissions under
this section;
(
b) the granting of approvals and the setting of
conditions under this
section or in respect of new market programs referred
to in this section;
(
c) the operation and administration of new market
programs, supply agreements and new market development quotas referred to
in this section.
(10) This
section expires on September 1,
Section 4 comes into force on April 1, 2004.
Alberta Regulation 291/2003
Wildlife Act
WILDLIFE AMENDMENT REGULATION
Filed: September 30, 2003
Made by the Minister of Sustainable Resource Development (M.O. 46/03) on
September 23, 2003 pursuant to sections 23 and 103 of the Wildlife Act.
1 The Wildlife Regulation (AR 143/97) is amended by this Regulation.
Schedule 15 is amended
(
a) in
section 7(3)
(
i) in clause (
a) by striking out "3 female cougar or
5" and substituting "2 female cougar or 3";
(ii) in clause (
b) by striking out "5 female cougar or
9" and substituting "3 female cougar or 5";
(iii) in clause (
c) by striking out "6 female cougar or
12" and substituting "3 female cougar or 6";
(iv) in clause (
d) by striking out "5 female cougar or
9" and substituting "1 female cougar or 2";
(
v) in clause (
g) by striking out "6 female cougar or
12" and substituting "7 female cougar or 14";
(vi) in clause (
h) by striking out "18" and substituting
"16";
(vii) in clause (
j) by striking out "14 female cougar or
29" and substituting "20 female cougar or 28";
(viii) in clause (
k) by striking out "6" and
substituting "7";
(
b) in
section 15 by repealing footnote 6;
(
c) by repealing Table 5 and substituting the following:
TABLE 5
FUR SEASONS
FUR MANAGEMENT ZONE 1
FUR MANAGEMENT ZONE 2
FUR MANAGEMENT ZONE 3
FUR MANAGEMENT ZONE 4
FUR MANAGEMENT ZONE 5
FUR MANAGEMENT ZONE 6
FUR MANAGEMENT ZONE 7
FUR MANAGEMENT ZONE 8
BADGER
CLOSED
CLOSED
D1 - Ap15
D1 - Ap15
D1 - Ap15
D1 - Ap15
D1 - Ap15
D1 - M31
BEAVER
O1 - Ma15
O1 - Ma15
O1 - Ma15
O1 - Ma15
O1 - Ma31
O15 - Ma15
O15 - Ap30
O15 - Ap30
BOBCAT
CLOSED
CLOSED
CLOSED
CLOSED
CLOSED
D1 - J31
CLOSED
N1 - F28
COYOTE
O1 - F28
O1 - F28
O1 - F28
N1 - F28
N1 - F28
N1 - F28
O1 - F28
O1 - F28
FISHER
N1 - J312,5
N1 - J312,5
N1 - J312
N1 - J312
N1 - J312
CLOSED
CLOSED
CLOSED
RED/ARCTIC FOX
O1 - J314
O1 - J314
O1 - F28
O1 - F28
O1 - F28
O1 - F28
O1 - F28
O1 - F28
LYNX
D1 - F152
D1 - F152
D1 - F152
D1 - F152
D1 - F152
D1 - F152
CLOSED
CLOSED
TABLE 5 (continued)
FUR SEASONS
MARTEN
N1 - J315
N1 - J315
N1 - J312
N1 - J31
N1 - J31
N1 - J31
CLOSED
CLOSED
MINK
N1 - J315
N1 - J315
N1 - J31
N1 - J31
N1 - J31
N1 - J31
N1 - J31
N1 - J31
MUSKRAT
O1 - Ma15
O1 - Ma15
O1 - Ma15
O1 - Ma15
O1 - Ma15
O15 - Ma15
O15 - Ap30
O15 - Ap30
OTTER
D1 - Ap151
D1 - Ap151
D1 - Ap151
D1 - Ap151,7
CLOSED
CLOSED
CLOSED
CLOSED
RED SQUIRREL
N1 - F28
N1 - F28
N1 - F28
N1 - F28
N1 - F28
N1 - F28
N1 - F28
N1 - F28
WEASEL
N1 - F28
N1 - F28
N1 - F28
N1 - F28
N1 - F28
N1 - F28
N15 - F14
N15 - F14
WOLF