Alberta Gazette — 15 February 2006 (Part II)
15 February 2006
Alberta — Gazette
Alberta Regulation 5/2006
ABC Benefits Corporation Act
ABC BENEFITS CORPORATION AMENDMENT REGULATION
Filed: January 18, 2006
For information only: Made by the Lieutenant Governor in Council (O.C. 5/2006) on
January 17, 2006 pursuant to
section 13 of the ABC Benefits Corporation Act.
1 The ABC Benefits Corporation Regulation (AR 272/96) is
amended by this Regulation.
2 The following is added before
section 2:
Part 1
General Provisions
3 Sections 6, 7 and 8 are repealed and the following is
substituted:
Audit committee
6(1) The audit committee to be established by the Board must
consist of at least 3 persons, and all members of the audit
committee must be members of the Board.
(2) The audit committee must
(
a) review the annual financial statements of the
Corporation before they are approved by the Board,
(
b) ensure that appropriate internal control procedures are
in place,
(
c) meet with the chief internal auditor of the Corporation,
or the officer or employee of the Corporation acting in a
similar capacity, and with management of the
Corporation, to discuss the effectiveness of the internal
control procedures established for the Corporation,
(
d) review the investments and transactions that could
adversely affect the well-being of the Corporation that
the auditor or any officer of the Corporation brings to
the attention of the committee,
(
e) meet with the auditor of the Corporation to discuss the
annual financial statements, and
(
f) meet with the actuary of the Corporation to discuss the
valuation of the policy liabilities prepared by the
actuary under
section 9(3).
(3) The audit committee must report on the annual financial
statements to the Board before the Board approves the statements.
(4) The audit committee may call a meeting of the Board to
consider any matter of concern to the committee.
Conduct review committee
7(1) In this section, a person is a related party with respect to the
Corporation if the person
(
a) is a member of the Board or a senior officer of the
Corporation appointed in accordance with the bylaws,
(
b) is a spouse, adult interdependent partner or child under
the age of 18 years of a person referred to in clause (a),
(
c) is a corporation or an unincorporated body that is
controlled by a person referred to in clause (
a) or (b).
(2) For the purposes of this section,
(
a) a corporation is controlled by a person if
(
i) securities of the corporation to which are attached
more than 50% of the votes that may be cast to
elect directors of the corporation are held, other
than by way of security only, by or for the benefit
of that person, and
(ii) the votes attached to those securities are sufficient,
if exercised, to elect a majority of the directors of
the corporation,
and
(
b) an unincorporated body is controlled by a person if the
person holds or beneficially owns more than 50% of the
beneficial interest, however designated, into which the
body is divided and the person is able to direct the
affairs of the entity.
(3) Despite subsection (2), a person controls a corporation or an
unincorporated body if the person has, in relation to the corporation
or unincorporated body, any direct or indirect influence that, if
exercised, would result in control in fact of the corporation or
unincorporated body.
(4) The conduct review committee to be established by the Board
must consist of at least 3 persons, and all members of the conduct
review committee must be members of the Board.
(5) Officers and employees of the Corporation are not eligible to
be members of the conduct review committee.
(6) The conduct review committee must
(
a) establish procedures for the review of transactions with
related parties of the Corporation,
(
b) review all proposed transactions with related parties of
the Corporation, and
(
c) review the practices of the Corporation to ensure that
any transactions with related parties of the Corporation
that may have a material effect on the stability or
solvency of the Corporation are identified.
(7) After each meeting of the conduct review committee, the
committee must report to the Board on all transactions and other
matters reviewed by the committee.
(8) In this section, "unincorporated body" means a trust,
partnership, fund or other unincorporated association or
organization.
Winding-up
8 If the Corporation is wound up, the property of the Corporation
must be used
(
a) firstly, to pay all costs incurred in the winding-up of the
Corporation, and
(
b) secondly, to discharge all liabilities of the Corporation,
and the balance, if any, must be disposed of by order of the
Lieutenant Governor in Council.
Appointment of actuary
9(1) An individual is not eligible to be appointed or remain an
actuary under
section 4.2(
b) of the Act unless that person is
(
a) ordinarily resident in Canada, and
(
b) a Fellow in good standing of the Canadian Institute of
Actuaries.
(2) Where the actuary appointed by the Corporation under
section
4.2(
b) of the Act is not an individual, the actuary must appoint an
individual who is responsible for acting on behalf of the actuary
and has and maintains the qualifications set out in subsection (1).
(3) The actuary shall value the policy liabilities with respect to the
Alberta Blue Cross Plan in accordance with generally accepted
actuarial standards.
Financial statements
10 In addition to the requirement of
section 9.1(2) of the Act,
Alberta Government funded programs, as defined in
section
13(1)(b), must be reported as segregated information in the notes to
the Corporation's financial statements.
Audit function
11 The Corporation and its auditor must certify
(
a) that the expenses and income in respect of the
operations of the Corporation were allocated in
accordance with the policy established by the
Corporation under
section 9.1(3) of the Act, and
(
b) that the allocation of expenses and income was fair and
reasonable.
Part 2
Alberta Blue Cross Plan
Alberta Blue Cross Plan
12(1) In this section,
(a) "group plan" means a single contract between the
Corporation and an employer or an association in which
the well-being of a number of persons is covered and a
subscription rate is charged;
(b) "individual health plan" means a contract between the
Corporation and an individual or an individual and the
individual's dependants in which the well-being of the
individual or the individual and the individual's
dependants is covered and a subscription rate is
charged;
(c) "subscription rate" means the amount the Corporation
charges in respect of a group plan or an individual
health plan and which amount is not subject to
adjustment by the Corporation except as authorized by
the terms of the group plan or the individual health plan.
(2) The Alberta Blue Cross Plan constitutes all of the present and
future programs and services of the Corporation relating to
(
a) administering, marketing and distributing health benefit
plans and services and related or associated benefit
plans and services that are underwritten or sponsored by
third parties, including governments,
(
b) providing, marketing and distributing insurance
benefits, including life, disability and critical illness
insurance that are underwritten by an insurance
company licensed in Alberta, and
(
c) underwriting, administering, marketing and distributing
the following health benefit plans and services and
related or associated benefit plans and services:
(
i) group plans that provide for any or all of the
following:
(
A) prescription drug benefits;
(
B) health benefits and services;
(
C) dental benefits;
(
D) vision benefits;
(
E) out of province emergency travel coverage,
where adequate reinsurance arrangements
exist with an insurer authorized to carry on
insurance business in Canada;
(
F) health spending accounts;
(
G) employee assistance benefits;
(
H) expatriate benefits;
(ii) individual health plans that provide for any or all
of the following:
(
A) prescription drug benefits;
(
B) health benefits and services;
(
C) dental benefits;
(
D) vision benefits;
(
E) out of province emergency travel coverage,
where adequate reinsurance arrangements
exist with an insurer authorized to carry on
insurance business in Canada;
(
F) health spending accounts.
Part 3
Payment in Lieu of Taxes
Interpretation
13(1) In this Part,
(a) "Act" means the ABC Benefits Corporation Act;
(b) "Alberta Government funded programs" means
programs for which funding is directly received from
the Government of Alberta, but does not include the
employer group plan for the employees of the Alberta
Government;
(c) "cumulative account balance at the end of the
immediately preceding year" means the amount
determined by the formula
A - B
where
A is the aggregate of the taxable incomes from the
operation of Alberta Government funded
programs in any of the 10 taxation years
immediately preceding the year in respect of
which the calculation is made, and
B is the aggregate of the absolute values of the
non-capital losses from the operation of Alberta
Government funded programs in any of the 10
taxation years immediately preceding the year in
respect of which the calculation is made
except that A and B are deemed to be nil for taxation
years ending prior to 2005;
(d) "Minister" means the Minister of Finance;
(e) "tax Acts" means
(
i) the Income Tax Act (Canada) and the regulations
made under that Act, and
(ii) the Alberta Corporate Tax Act and the regulations
made under that Act.
(2) Words and phrases used in this Part and not defined in the Act
or this Part have the meaning given to them in the tax Acts.
(3) For the purposes of this Part, the reference to "this Act" in
section 245(1) and (4) of the Income Tax Act (Canada) must be
read as if it were a reference to the ABC Benefits Corporation Act.
Payment to the Crown in right of Alberta
14(1) Each taxation year the Corporation shall make a payment to
the Crown in right of Alberta calculated under subsection (2),
unless the Corporation is entitled to a refund under
section 17.
(2) The payment amount is equal to that proportion of the taxable
amount that the Corporation would be required to pay as tax for
that year pursuant to
(
a) Parts I and I.3 of the Income Tax Act (Canada), and
(
b) the Alberta Corporate Tax Act,
if the Corporation were not exempt from taxation under
section 149
of the Income Tax Act (Canada) and
section 35 of the Alberta
Corporate Tax Act.
Taxable amount defined
15(1) The taxable amount or loss for a taxation year is the amount
calculated by the formula
A - B + C - D + E
where
A is the amount that would be taxable for the year under
the tax Acts;
B is the amount, if any, of taxable income for the year
from the operation of Alberta Government funded
programs during the year;
C is the absolute value of amount, if any, of the
non-capital loss for the year from the operation of
Alberta Government funded programs during the year;
D is, where a non-capital loss amount is included in this
calculation pursuant to C,
(
i) the value of C if the cumulative account balance at
the end of the immediately preceding year is zero
or negative;
(ii) zero, if the cumulative account balance at the end
of the immediately preceding year is positive and
equal to or greater than the value of C;
(iii) the difference between the value of C and the
cumulative account balance at the end of the
immediately preceding year if the cumulative
account balance at the end of the immediately
preceding year is positive and less than the value
of C;
E is, where an amount is included in this calculation
pursuant to B and the cumulative account balance at the
end of the immediately preceding year is negative,
(
i) the lesser of
(
A) the value of B, and
(
B) the absolute value of the cumulative account
balance at the end of the immediately
preceding year,
(ii) the value of B where the value of B and the
cumulative account balance at the end of the
immediately preceding year are equal.
(2) The taxable income or non-capital loss in respect of the
operation of the Alberta Government funded programs during the
taxation year referred to in subsection (1) shall not include any
investment income or losses or any capital gains or losses.
(3) The Corporation must, in a fair and reasonable manner,
allocate its revenues and costs for the taxation year and its assets,
liabilities and equity at the end of the year, between the operation
of the Alberta Government funded programs and its other
operations.
Payment to the Crown in right of Alberta
16(1) Where the Corporation is required to make a payment to the
Crown in right of Alberta in respect of a taxation year, it must
make monthly instalments in respect of the payment in accordance
with the tax Acts, except that instalments are required for the first
taxation year to which this Part applies.
(2) Not later than the last day of the 2nd month following the end
of a taxation year, the Corporation must
(
a) calculate the actual amount that it must pay to the
Crown in right of Alberta for the year, and
(
b) if the actual amount required to be paid to the Crown in
right of Alberta is greater than the total of the
instalments paid by the Corporation in the year, pay the
difference to the Crown in right of Alberta.
Refund from the Crown in right of Alberta
17(1) The Corporation is entitled to receive a refund from the
Crown in right of Alberta
(
a) where the total of the instalments paid by the
Corporation in a taxation year is greater than the actual
payment calculated under
section 16(2) for that year,
(
b) where the Corporation elects, in accordance with the tax
Acts, to carry back to a previous taxation year a loss
reported on a return filed under
section 18, or
(
c) where, after the Corporation has paid an amount
required under this Part for a taxation year, it is assessed
a tax pursuant to
(
i) Parts I and I.3 of the Income Tax Act (Canada), or
(ii) the Alberta Corporate Tax Act.
(2) The amount of a refund under subsection (1) is the difference
between
(
a) the amount actually paid by the Corporation under this
Part for the year, and
(
b) the amount required to be paid by the Corporation under
this Part for the year.
(3) If the Corporation is entitled to receive a refund under this
section, it is entitled to interest in the amount that would be payable
and on the terms that would apply if a refund were payable to the
Corporation under the Alberta Corporate Tax Act.
Duty to file annual return
18 Not later than the last day of the 6th month following the end
of each taxation year, the Corporation must file with the Minister a
return or returns that it would be required to file if it were not
exempt from taxation under
section 149 of the Income Tax Act
(Canada) and
section 35 of the Alberta Corporate Tax Act.
Duty to keep records
19 The Corporation must keep all records in support of the
calculation of payments or refunds under this
Part in respect of a
particular year for at least 6 years after the end of that year.
Penalties and interest
20(1) If the Corporation fails to comply with an obligation
(
a) under the tax Acts that would have applied to it if it
were not exempt from taxation under those Acts, or
(
b) under this Part,
it is subject to the penalty or interest, or both, that is payable under
the tax Acts for that type of failure.
(2) Any penalty or interest payable pursuant to this
section must be
paid to the Minister within the same time or times by which the
penalties and interest are payable under the tax Acts.
Application of tax Acts
21(1) The Minister
(
a) may take any action with respect to returns and
payments required under this Part that the Canada
Revenue Agency or the Minister is authorized to take
with respect to returns and payments of tax under the
tax Acts, and
(
b) is subject to the obligations of the Canada Revenue
Agency and the Minister under the tax Acts with respect
to the administration of this Part.
(2) Except as modified by this Part, the Corporation
(
a) is entitled to the benefit of the rights, processes,
procedures and remedies available to taxpayers under
the tax Acts, and
(
b) is subject to the obligations of taxpayers under the tax
Acts.
(3) A decision of the Minister that under the tax Acts would be
subject to appeal to a court may be appealed to the Court of
Queen's Bench of Alberta.
Application of
section 149(10) of the
Income Tax Act (Canada)
22 Subsection 149(10) of the Income Tax Act (Canada) applies
when this
Part comes into force.
Use and disclosure of information
Section 77 of the Alberta Corporate Tax Act applies to
information in the custody or under the control of the Minister.
Part 4
Expiry
Expiry
24 For the purpose of ensuring that this Regulation is reviewed
for ongoing relevancy and necessity, with the option that it may be
repassed in its present or an amended form following a review, this
Regulation expires on June 1, 2015.
4 This Regulation comes into force on the date on which
section 1(8) of the Blue Cross Statutes Amendment Act,
2004 comes into force.
--------------------------------
Alberta Regulation 6/2006
Apprenticeship and Industry Training Act
DESIGNATION OF COMPULSORY CERTIFICATION TRADES
AMENDMENT REGULATION
Filed: January 18, 2006
For information only: Made by the Lieutenant Governor in Council (O.C. 7/2006) on
January 17, 2006 pursuant to sections 21 and 57 of the Apprenticeship and Industry
Training Act.
1 The Designation of Compulsory Certification Trades
Regulation (AR 224/2004) is amended by this Regulation.
Section 1 is renumbered as
section 1.1 and the following
is added before
section 1.1:
Definition
1 In this Regulation, "Act" means the Apprenticeship and
Industry Training Act.
3 The following is added after
section 1.1:
Deemed designated occupations
1.2 The following occupations are deemed under
section 57(1)
and (2) of the Act to be designated as compulsory certification
trades under
section 21 of the Act:
(
a) appliance serviceman (now known as appliance service
technician);
(
b) auto body mechanic (now known as auto body technician);
(
c) boilermaker;
(
d) crane and hoisting equipment operator;
(
e) electrician;
(
f) electronic technician;
(
g) elevator constructor;
(
h) gasfitter;
(
i) hairstylist;
(
j) heavy duty mechanic (now known as heavy equipment
technician);
(
k) ironworker;
(
l) motor mechanic (now known as automotive service
technician);
(
m) motorcycle mechanic;
(
n) plumber;
(
o) recreation vehicle mechanic (now known as recreation
vehicle service technician);
(
p) refrigeration and air conditioning mechanic;
(
q) sheet metal worker;
(
r) steamfitter - pipefitter;
(
s) welder.
Section 2 is amended by striking out "March 31, 2010" and
substituting "October 31, 2016".
Alberta Regulation 7/2006
Apprenticeship and Industry Training Act
DESIGNATION OF OPTIONAL CERTIFICATION TRADES
AMENDMENT REGULATION
Filed: January 18, 2006
For information only: Made by the Lieutenant Governor in Council (O.C. 8/2006) on
January 17, 2006 pursuant to sections 22 and 57 of the Apprenticeship and Industry
Training Act.
1 The Designation of Optional Certification Trades
Regulation (AR 203/2000) is amended by this Regulation.
Section 1 is renumbered as
section 1.1 and the following
is added before
section 1.1:
Definition
1 In this Regulation, "Act" means the Apprenticeship and
Industry Training Act.
3 The following is added after
section 1.1:
Deemed designated occupations
1.2 The following occupations are deemed under
section 57(3) and
(4) of the Act to be designated as optional certification trades under
section 22 of the Act:
(
a) agricultural mechanic (now known as agricultural equipment
technician);
(
b) baker;
(
c) bricklayer;
(
d) cabinetmaker;
(
e) carpenter;
(
f) cement finisher (now known as concrete finisher);
(
g) communication electrician (now known as communication
technician);
(
h) cook;
(
i) electrical rewind mechanic (now known as electrical motor
systems technician);
(
j) floorcovering mechanic (now known as floorcovering
installer);
(
k) glassworker (now known as glazier);
(
l) instrument mechanic (now known as instrument technician);
(
m) insulator;
(
n) landscape gardener;
(
o) lather-interior systems mechanic;
(
p) locksmith;
(
q) machinist;
(
r) millwright;
(
s) painter and decorator;
(
t) partsman (now known as parts technician);
(
u) power lineman;
(
v) power system electrician;
(
w) roofer;
(
x) sawfiler;
(
y) sprinkler systems installer;
(
z) steel fabricator (now known as structural steel and plate
fitter);
(aa) tilesetter;
(bb) tool and die maker;
(cc) transport refrigeration mechanic (now known as transport
refrigeration technician);
(dd) water well driller.
Section 2 is amended by striking out "March 31, 2008" and
substituting "October 31, 2016".
Alberta Regulation 8/2006
Fair Trading Act
DESIGNATION OF TRADES AND BUSINESSES
AMENDMENT REGULATION
Filed: January 18, 2006
For information only: Made by the Lieutenant Governor in Council (O.C. 11/2006)
on January 17, 2006 pursuant to
section 103 of the Fair Trading Act.
1 The Designation of Trades and Businesses Regulation
(AR 178/99) is amended by this Regulation.
Section 1(2) and (3) are repealed and the following is
substituted:
(2) In this section,
(a) "automotive business" means the activities of
(
i) buying or selling vehicles, whether as a retailer or
wholesaler, including the selling of vehicles on
consignment,
(ii) leasing vehicles when the term of the lease is for more
than 120 days,
(iii) negotiating or conducting on a consumer's behalf an
agreement in which the consumer buys, sells or leases a
vehicle,
(iv) recycling or dismantling vehicles, or
(
v) installing parts or equipment in, repairing or servicing
vehicles;
(b) "vehicle" means
(
i) a motor vehicle as defined in the Traffic Safety Act, but
does not include a motor cycle or off-highway vehicle
as defined in that Act, and
(ii) a recreational vehicle intended to be towed that
combines transportation and temporary living
accommodations for the purpose of travel or camping.
(3) For the purposes of this section, the automotive business does
not include
(
a) the selling of vehicles by manufacturers to dealers,
(
b) cleaning or polishing the exterior or interior of vehicles, or
(
c) repairing chips or cracks in the windshield or any window of
a vehicle and that does not involve replacing the windshield
or window.
Section 4 is amended:
(
a) in subsection (2) by striking out "means the business"
and substituting "means the activities";
(
b) in subsection (3)(
d) by striking out "the business of".
4 In the following provisions "means the business" is struck
out and "means the activities" is substituted:
section 2(2)(h);
section 2.1(2)(h);
section 3(2);
section 5(2)(c);
section 6(2)(d);
section 6.1(2)(a).
Section 7 is amended by striking out "2011" and
substituting "2015".
6 This Regulation comes into force on the coming into
force of the Fair Trading Amendment Act, 2005.
--------------------------------
Alberta Regulation 9/2006
Government Organization Act
RECORDS MANAGEMENT AMENDMENT REGULATION
Filed: January 18, 2006
For information only: Made by the Lieutenant Governor in Council (O.C. 13/2006)
on January 17, 2006 pursuant to
Schedule 11,
section 14 of the Government
Organization Act.
1 The Records Management Regulation (AR 224/2001) is
amended by this Regulation.
Section 2(2) is amended
(
a) in clause (
a) by striking out "two" and substituting
"3";
(
b) by repealing clauses (
e) and (
f) and substituting the
following:
(e) 2 people must be nominated by the Department of
Restructuring and Government Efficiency.
Section 3 is repealed and the following is substituted:
Chair, vice-chair and secretary
3 The Minister must designate a chair, vice-chair and secretary
for the Committee from the persons nominated under
section
2(2)(a).
Section 6(1) is repealed and the following is substituted:
Approval of records retention and
disposition schedules
6(1) A records retention and disposition
schedule and any
subsequent amendment to it must be approved by the Committee
before it is implemented in the department.
(1.1) The Committee or the secretary of the Committee on the
Committee's behalf may set an expiry date for and approve
amendments to a records retention and disposition
schedule and,
where it is no longer required, cancel a records retention and
disposition schedule.
(1.2) Notwithstanding subsection (1.1), the secretary of the
Committee may not approve an amendment of the type described
section 10(2)(
b) or (
e) to an approved records retention and
disposition
schedule of a department.
Section 10(3) is repealed.
Section 13 is amended by striking out "2006" and
substituting "2016".
Alberta Regulation 10/2006
Public Sector Pension Plans Act
PUBLIC SERVICE PENSION PLAN (TRANSFER AGREEMENT
WITH EXITED MEPP EMPLOYERS, ETC.) AMENDMENT REGULATION
Filed: January 18, 2006
For information only: Made by the Lieutenant Governor in Council (O.C. 14/2006)
on January 17, 2006 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.
Part 1
Transfer Agreement
Section 2(1) is amended
(
a) in clause (p)
(
i) by striking out "the Management Employees Pension
Plan" and substituting "MEPP";
(ii) by adding "or (5.5)" after "3(5.3)";
(
b) by adding the following after clause (q):
(q.1) "exited MEPP employer" means an employer who was
an employer under, but has exited from, MEPP pursuant
section 12(1)(
j) of
Schedule 5 to the Act, and
includes any successor to that employer;
(
c) by adding the following after clause (y):
(y.1) "MEPP" means the Management Employees Pension
Plan (AR 367/93) or the Management Employees
Pension Plan, as the case may be;
(
d) by repealing clause (kk)(
i) and substituting the
following:
(
i) MEPP, or
Section 3 is amended
(
a) in subsection (5.2) by repealing clause (c);
(
b) by adding the following after subsection (5.3):
(5.4) In subsection (5.5), "employer management position"
means a position with an exited MEPP employer such that, if
that employer were a participating employer under MEPP,
occupation of that position would render the person a
participant of and within the meaning of MEPP.
(5.5) The following persons who have or had pensionable
service and are engaged to work for an exited MEPP employer
are not employees, or are to be treated as having ceased to be
employees, as the case may be, namely
(
a) a person who ceased to be a participant of MEPP as a
result of the exited MEPP employer's exit from MEPP,
with effect from the time of that exit,
(
b) a person appointed after the time of that exit to an
employer management position, with effect from the
time of that appointment, and
(
c) a person who, if that exited MEPP employer were a
participating employer under MEPP, would not be an
employee under and within the meaning of MEPP or in
an employer management position because only of
exclusion from the established policy for pension
coverage referred to in
section 2(1)(p)(ii) of MEPP,
with effect from the time of the appointment,
and they remain not employees or to be treated as having
ceased to be employees so long as they do not resume any
positions with an employer that would result in their becoming
employees again.
Section 11(d.1) is amended by striking out "the
Management Employees Pension Plan" and substituting "MEPP".
5 The following is added after
section 30.1:
Application of whole
Part
30.2(1) This Part does not apply to the extent that a person's
pension entitlements are or are to be transferred out of the Plan.
(2) Notwithstanding
section 29 of the Public Service Pension Plan
Amendment Regulation (AR 18/2000), persons who were
employees of Alberta Treasury Branches and who, by virtue of
section 3(5.5), are to be treated as having ceased to be employees
before February 1, 2000, are eligible to benefit from the benefit
improvements under that Regulation provided that they were
employed by Alberta Treasury Branches on February 1, 2000 and,
for the purposes of subsection (1), those benefit improvements are
to be considered pension entitlements.
Section 66 is amended by striking out ", but not to one with
respect to whom a transfer has been made under
Part 2 of the
Regulations".
Part 2
Miscellaneous Amendments
and Commencement
Section 2(1)(p)(iv) is amended by striking out " , (5) or
(5.1)" and substituting "or (5)".
Section 3(5.1) is repealed.
Section 10 is amended by repealing clause (e).
Part 1 of this Regulation is retroactive to the extent
necessary to apply
section 3(b).
--------------------------------
Alberta Regulation 11/2006
Public Sector Pension Plans Act
PUBLIC SECTOR PENSION PLANS (LEGISLATIVE PROVISIONS)
(PSPP - TRANSFER AGREEMENT WITH EXITED MEPP
EMPLOYERS) AMENDMENT REGULATION
Filed: January 18, 2006
For information only: Made by the Lieutenant Governor in Council (O.C. 15/2006)
on January 17, 2006 pursuant to
Schedule 2,
section 12 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 2 is amended
(
a) by adding the following before
section 1:
Part 1
General Provisions
(
b) by adding the following at the end of that Schedule:
Part 2.05
Transfer Agreement with Exited
MEPP Employers
Interpretation
24.05(1) In this Part,
(a) "active member" means, in relation to the other plan,
the equivalent of a participant under the Plan;
(b) "agreement" means
(
i) a transfer agreement, or
(ii) in relation to a particular transferred person, the
transfer agreement applicable to that person,
provided for in
section 24.055(1), including any
amendments made to it;
(c) "effective date of the agreement" means the time the
agreement is entered into or such later time as the
agreement provides for it to become effective;
(d) "employer" means an exited MEPP employer;
(e) "other plan" means the registered pension plan or plans
established by an exited MEPP employer for a group
comprising or including its workers employed by it who
were employees within the meaning of MEPP and were
affected by the exit referred to in clause (d), and
includes any successor plan;
(f) "promoted persons" means, in relation to an exited
MEPP employer,
(
i) persons who ceased to be employees and became
active members of the other plan at the time of that
employer's exit from MEPP, and
(ii) other persons engaged to work for that employer
who, as a result of being appointed by that
employer to employer management positions
within the meaning of
section 3(5.4) of the plan
rules, ceased to be employees after that time of exit
and immediately became active members of the
other plan;
(g) "promotion date" means the time at which a transferred
person became an active member of the other plan;
(h) "transferred person" means any of the promoted persons
in respect of whom a transfer is made or to be made
under the terms of the agreement.
(2) For the purposes of this Part, benefit improvements
referred to in
section 30.2(2) of the plan rules are to be
considered pension entitlements.
Transfer agreement
24.055(1) Subject to this section, the Minister may, after
consulting with the Board, enter into a transfer agreement, not
being a reciprocal agreement, with an exited MEPP employer
to transfer the pension entitlements from the Plan to the other
plan in respect of some or all of its promoted persons.
(2) An agreement must provide in effect that the transfer of
pension entitlements is mandatory for all promoted persons
who ceased to be employees on or after the effective date of the
agreement.
(3) Promoted persons who ceased to be employees prior to the
effective date of the agreement are eligible for the transfer of
the pension entitlements if, but only if, they are so eligible
under the criteria, if any, established by the agreement.
(4) An agreement must provide for the matters required by this
Part to be included in it.
Amount and timing of asset transfer
24.06(1) With effect from the later of a transferred person's
promotion date and the effective date of the agreement, the
Plan becomes liable to transfer to the other plan the value of
that person's pension entitlements, with the amount and timing
of the transfer as set out in this section.
(2) The amount to be transferred under an agreement in respect
of a transferred person is to be equal to the going concern
liabilities, within the meaning of the Employment Pension
Plans Regulation (AR 35/2000), in respect of that person's
pension entitlements, as determined by the Plan's actuary as at
the asset transfer calculation date.
(3) The going concern liabilities referred to in subsection
(2) are to be calculated using the actuarial cost methods and
assumptions in the actuarial valuation report that was most
recently approved by the Board for funding purposes as at the
asset transfer calculation date and so as to include a salary
projection from the day before the promotion date as if the
transferred person, as at the promotion date, had not ceased to
be an employee.
(4) The asset transfer calculation date in respect of a
transferred person is to be the time set out in the agreement.
(5) If the actual transfer to the other plan occurs after the asset
transfer calculation date, interest is payable on the amount
determined under subsections (2) to (4) at the market rate of
return of the plan fund, net of investment costs, as determined
by the Minister, from the asset transfer calculation date to the
latest date to which that rate is available, and, for the remainder
of the period to the date of payment, using the 91-day Canada
Treasury Bill rate, as determined by the Minister.
Indemnities
24.07(1) Before the effective date of the agreement, the exited
MEPP employer and the legal owners of the pension fund of
the other plan must indemnify the Crown in a written form
acceptable to the Minister with respect to any claim that may be
made by any person that arises directly or indirectly from the
transfer.
(2) The legal owners of the pension fund of the other plan
indemnify
(
a) the Board and the past, present and future members of
the Board for any damages and legal and other expenses
incurred in defending any claim that may be made by
any person against any of them that arises directly or
indirectly from the transfer, and
(
b) the Plan for any claims that arise directly or indirectly
from the transfer.
(3) To the extent permissible by law, any liability under an
indemnity under this
section by the other pension fund's legal
owners is to be met from that pension fund itself.
Extinguishing of rights
24.075 With effect from the later of a transferred person's
promotion date and the effective date of the agreement,
(
a) all entitlements in respect of that person in relation to
the Plan are extinguished, and
(
b) the Plan is to have no liability in respect of that person
except the liability referred to in
section 24.06 and, with
that exception, the pension fund of the other plan is to
assume all such liability.
Required provisions in other plan
24.08(1) With respect to transferred persons, the other plan
must
(
a) provide for the benefits and entitlements provided for
by the plan rules and
Part 3 of the Regulations in effect
as at the later of the effective date of the agreement and
their promotion dates, or for benefits and entitlements
that are not less favourable in respect of
(
i) their pensionable service accumulated to the
promotion date, and
(ii) their pensionable salaries earned during
participation in the Plan and in the other plan,
(
b) provide in effect that all their service that counts as
combined pensionable service for the purposes of
determining eligibility for benefits under the Plan is to
count for the same purposes under the other plan, and
(
c) provide for the protection of the rights of their pension
partners arising from matrimonial property orders or
agreements to the extent that the latter remain entitled to
shares in the transferred pension entitlements.
(2) To avoid any doubt, benefits and entitlements are not less
favourable, for the purposes of subsection (1)(a), by reason
only of their being provided by means of defined contribution
provisions within the meaning of the Employment Pension
Plans Act if
(
a) the arrangements under those defined contribution
provisions are agreed to in writing by each transferred
person who elects to participate in the other plan under
those defined contribution arrangements, and
(
b) the benefits and entitlements provided to each
transferred person are of equivalent value to those
benefits and entitlements to which the person would be
entitled if he did not agree to those arrangements.
(3) Before the effective date of the agreement, the exited
MEPP employer in question must submit to the Board and the
Minister written certification by the other plan's actuary that
the other plan meets all the requirements of this section.
Transfer of records
24.09 The Minister shall provide the administrator of the
other plan records needed by the other plan to effectuate fully
the transfers.
--------------------------------
Alberta Regulation 12/2006
Apprenticeship and Industry Training Act
HEAVY EQUIPMENT TECHNICIAN TRADE AMENDMENT REGULATION
Filed: January 20, 2006
For information only: Made by the Alberta Apprenticeship and Industry Training
Board on December 12, 2005 and approved by the Minister of Advanced Education
on January 9, 2006 pursuant to
section 33(2) of the Apprenticeship and Industry
Training Act.
1 The Heavy Equipment Technician Trade Regulation
(AR 282/2000) is amended by this Regulation.
2 In the following provisions "include the repair, maintenance
and replacement" is struck out and "include the repair,
maintenance, replacement and inspection" is substituted:
section 6;
section 12;
section
Section 24 is amended by striking out "repair, maintenance
and inspection" and substituting "repair and maintenance".
Alberta Regulation 13/2006
Apprenticeship and Industry Training Act
TOOL AND DIE MAKER TRADE AMENDMENT REGULATION
Filed: January 20, 2006
For information only: Made by the Alberta Apprenticeship and Industry Training
Board on December 12, 2005 and approved by the Minister of Advanced Education
on January 9, 2006 pursuant to
section 33(2) of the Apprenticeship and Industry
Training Act.
1 The Tool and Die Maker Regulation (AR 43/2003) is
amended by this Regulation.
Section 8 is amended by striking out "March 31, 2006" and
substituting "March 31, 2008".
--------------------------------
Alberta Regulation 14/2006
Funeral Services Act
GENERAL AMENDMENT REGULATION
Filed: January 20, 2006
For information only: Made by the Minister of Government Services
(M.O. C:003/2006) on January 18, 2006 pursuant to sections 22 and 27 of the Funeral
Services Act.
1 The General Regulation (AR 226/98) is amended by this
Regulation.
Section 37.6 is repealed and the following is substituted:
Term of office
37.6(1) The term of office of a member is the term set by the
Minister.
(2) The Minister may extend the term of office for any member,
including a person who is a member on the coming into force of
this section.
Alberta Regulation 15/2006
Fair Trading Act
INTERNET SALES CONTRACT AMENDMENT REGULATION
Filed: January 25, 2006
For information only: Made by the Minister of Government Services
(M.O. C:005/2006) on January 24, 2006 pursuant to
section 42 of the Fair Trading
Act.
1 The Internet Sales Contract Regulation (AR 81/2001) is
amended by this Regulation.
Section 14 is amended by striking out "2006" and
substituting "2016".
--------------------------------
Alberta Regulation 16/2006
Municipal Government Act
ASSESSMENT COMPLAINTS AND APPEALS
AMENDMENT REGULATION
Filed: January 26, 2006
For information only: Made by the Minister of Municipal Affairs (M.O. L:006/06)
on January 25, 2006 pursuant to sections 484.1 and 527.1 of the Municipal
Government Act.
1 The Assessment Complaints and Appeals Regulation
(AR 238/2000) is amended by this Regulation.
Section 16 is amended by striking out "January 31" and
substituting "December 31".
Alberta Regulation 17/2006
Municipal Government Act
DETERMINATION OF POPULATION AMENDMENT REGULATION
Filed: January 26, 2006
For information only: Made by the Minister of Municipal Affairs (M.O. L:008/06)
on January 25, 2006 pursuant to
section 604 of the Municipal Government Act.
1 The Determination of Population Regulation
(AR 63/2001) is amended by this Regulation.
Section 1 is repealed and the following is substituted:
Interpretation
1(1) In this Regulation, "official census" means, in respect of a
municipal authority, an official count, conducted in accordance
with
section 3, of the total number of individuals whose usual
residence is in that municipal authority.
(2) For the purposes of this Regulation, "usual residence" is
determined in accordance with the following rules:
(
a) a person can have only one place of usual residence;
(
b) a person's usual residence is the place where the person
lives and sleeps and to which, when the person is absent
from it, the person intends to return;
(
c) a student who
(
i) is in attendance at an educational institution within
or outside Alberta,
(ii) temporarily rents accommodation for the purpose
of attending an educational institution, and
(iii) has family members who are usually resident in
Alberta and with whom the student usually resides
when not in attendance at an educational
institution
is deemed to reside with those family members;
(
d) the usual residence of a person who has been in an
institution, such as a correctional institution or hospital,
for less than 6 months is deemed to be the person's
usual place of residence before the person entered the
institution.
Section 3 is amended by adding the following after
subsection (2):
(3) A municipality must choose as a census date a date within the
time period referred to in subsection (1) that is either
(
a) the date on which enumeration begins, or
(
b) a date prior to enumeration.
Section 7 is amended by striking out "January 31, 2006"
and substituting "January 31, 2011".
5 The
Schedule is amended by adding the following after
item 1:
1.1 That the date chosen as the official census date for this
municipality was the day of , 20 .
--------------------------------
Alberta Regulation 18/2006
Marriage Act
MARRIAGE ACT AMENDMENT REGULATION
Filed: January 27, 2006
For information only: Made by the Minister of Government Services
(M.O. GS:002/2006) on January 24, 2006 pursuant to
section 29 of the Marriage Act.
1 The Marriage Act Regulation (AR 162/2000) is amended
by this Regulation.
2 Form 1 of the
Schedule is amended by striking out
"(Name of Registry Agency) (Marriage Licence No.)" and
substituting the following:
I agree that neither I nor my intended spouse is the property of the
other. I am aware that the laws of Alberta and Canada affirm my
right to live within a marriage free from violence and abuse.
(Signature)
(Name of Registry Agency) (Marriage Licence No.)
THE ALBERTA GAZETTE,
PART II, FEBRUARY 15, 2006
AR 5/2006 ABC BENEFITS CORPORATION
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THE ALBERTA GAZETTE,
PART II, FEBRUARY 15, 2006
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