Alberta Gazette, Part I — Wednesday, August 31, 2005
Wednesday, August 31, 2005
Alberta — Gazette
The Alberta Gazette
Part I
Vol. 101 Edmonton, Wednesday, August 31, 2005 No. 16
ORDERS IN COUNCIL
O.C. 354/2005
(Municipal Government Act)
Approved and ordered:
Norman Kwong
Lieutenant Governor. July 13, 2005
The Lieutenant Governor in Council orders that
(
a) effective January 1, 2005, the land described in Appendix A and shown on the sketch in Appendix B is separated from Leduc County and annexed to the Town of Calmar,
(
b) any taxes owing to Leduc County at the end of December 31, 2004 in respect of the annexed land are transferred to and become payable to the Town of Calmar together with any lawful penalties and costs levied in respect of those taxes, and the Town of Calmar upon collecting those taxes, penalties and costs must pay them to Leduc County, and
(
c) the assessor for the Town of Calmar must assess, for the purpose of taxation in 2005 and subsequent years, the annexed land and the assessable improvements to it,
and makes the order in Appendix C.
Ralph Klein, Chair.
APPENDIX A
DETAILED DESCRIPTION OF THE LANDS SEPARATED FROM
LEDUC COUNTY AND ANNEXED TO
THE TOWN OF CALMAR
ALL THAT PORTION OF THE SOUTHWEST QUARTER OF
SECTION THIRTY (30), TOWNSHIP FORTY-NINE (49), RANGE TWENTY-SIX (26), WEST OF THE FOURTH MERIDIAN WHICH LIES NORTH OF THE NORTHERLY LIMIT OF THE RIGHT OF WAY OF THE LACOMBE AND NORTHWESTERN RAILWAY AS SHOWN ON RAILWAY PLAN 3274EO
ALL THAT PORTION OF THE PIPELINE RIGHT-OF-WAY RUNNING ALONG THE EAST BOUNDARY OF THE NORTHWEST QUARTER OF
SECTION THIRTY (30), TOWNSHIP FORTY-NINE (49), RANGE TWENTY-SIX (26), WEST OF THE FOURTH MERIDIAN
APPENDIX B
A SKETCH SHOWING THE GENERAL LOCATION OF THE AREA
ANNEXED TO THE TOWN OF CALMAR
LEGEND
AREA ANNEXED TO THE TOWN OF CALMAR
APPENDIX C
1 In this Order, "annexed land" means the land described in Appendix A and shown on the sketch in Appendix B.
2 For taxation purposes in 2005 and subsequent years, up to and including 2019, the annexed land and the assessable improvements to it
(
a) must be assessed by the Town of Calmar on the same basis as if they had remained in Leduc County, and
(
b) must be taxed by the Town of Calmar in respect of each assessment class that applies to the annexed land and the assessable improvements to it using the tax rate established by Leduc County.
3 Where in any taxation year, a portion of the annexed land
(
a) becomes a new parcel of land created as a result of subdivision or separation of title by registered plan of subdivision or by instrument or any other method that occurs at the request of, or on behalf of, the landowner,
(
b) is redesignated at the request of, or on behalf of the landowner under the Town of Calmar Land Use Bylaw to another designation, or
(
c) is approved for development at the request of, or on behalf of the landowner, under the Town of Calmar Land Use Bylaw,
section 2 ceases to apply at the end of that taxation year in respect of that portion of the annexed land and the assessable improvements to it.
4 After
section 2 ceases to apply to a portion of the annexed land in a taxation year, that portion of the annexed land and the assessable improvements to it must be assessed and taxed for the purposes of property taxes in the following year in the same manner as other property of the same assessment class in the Town of Calmar is assessed and taxed.
APPOINTMENTS
(Provincial Court Act)
Expiration of Assistant Chief Judge Designation
July 31, 2005
The Honourable Judge J.D. Franklin
GOVERNMENT NOTICES
Advanced Education
Hosting Expenses Exceeding $600.00
For the period April 1, 2005 to June 30, 2005
Function: Post Budget Reception
Date: April 13, 2005
Amount: $2,520.63
Purpose: Reception for post-secondary stakeholders.
Location: Edmonton, Alberta
Function: Apprenticeship and Industry Training Board Awards
Date: February 17, 2005
Amount: $700.00
Purpose: Awards ceremony and reception for the eighth-annual Board Awards.
Location: Calgary, Alberta
Agriculture, Food and Rural Development
Form 15
(Irrigation Districts Act)
(Section 88)
Notice to Irrigation Secretariat:
Change of Area of an Irrigation District
On behalf of the Western Irrigation District, I hereby request that the Irrigation Secretariat forward a certified copy of this notice to the Registrar for Land Titles for the purposes of registration under
Section 22 of the Land Titles Act and arrange for notice to be published in the Alberta Gazette.
The following parcels of land should be removed from the irrigation district and the notation removed from the certificate of title:
LINC Number
Short Legal Description
Title Number
0027 533 737
9811880;5;15
041 215 120
0027 168 665
9711654;5;27
041 306 764
0027 600 337
9812349;3;4
041 264 367
0017 821 539
7710634;2;8
041 082 949
0016 758 336
8010030;9;16
041 030 965
0013 169 230
7810935;1;5
041 281 785
0013 176 954
8010030;7;1
041 244 678
0026 748 962
9611379;4;4;
041 147 223
0015 614 639
7710634;5;8
051 081 573
0016 762 552
8010030;7;58
041 293 987
0026 748 905
9611379;3;11
041 223 390
0016 491 144
7710634;2;11
031 319 165
0014 228 150
7710634;3;17
031 310 965
I certify the procedures required under
part 4 of the Irrigation Districts Act have been completed and the area of the Western Irrigation District should be changed according to the above list.
Laurie Hodge, Office Manager,
Irrigation Secretariat.
Community Development
Hosting Expenses Exceeding $600.00
For the period April 1, 2005 to June 30, 2005
Function: 2005 Alberta Sport and Recreation Leadership Summit
Date: March 31 - April 2, 2005
Amount: $15,542.25
Purpose: Lunch and refreshments for 250 delegates and 400 attendees of the 2005 Sports Awards Banquet.
Location: Banff Centre, Banff, Alberta
Function: Lois Hole Centennial Provincial Park Ceremony
Date: April 22, 2005
Amount: $3,343.75
Purpose: Lunch and refreshments for the Re-designation of the Big Lake Natural Area as Lois Hole Centennial Provincial Park.
Location: Lois Hole Centennial Provincial Park, Edmonton, Alberta
Function: Smithsonian Fold Life Institute Brainstorming Workshop
Date: April 26, 2005
Amount: $825.59
Purpose: Breakfast, Lunch and assorted beverages for Smithsonian Fold life Institute Brainstorming Workshop.
Location: Royal Alberta Museum, Edmonton, Alberta
Function: Reception for the Grant MacEwan Literary Awards
Date: April 29, 2005
Amount: $1,358.17
Purpose: Appetizers and refreshments for guests prior to the awards ceremony.
Location: National Arts Center, Ottawa, Ontario
Function: Queen's Visit to the Provincial Museum
Date: May 24, 2005
Amount: $880.00
Purpose: Refreshments for performers and entertainers during Queen's Centennial Visit.
Location: Royal Alberta Museum, Edmonton, Alberta
Function: Queen's Visit to the Provincial Museum
Date: May 24, 2005
Amount: $1,224.75
Purpose: Lunch and refreshments for invited guests and dignitaries along with Museum Executive for the designation of the Provincial Museum of Alberta as the Royal Alberta Museum.
Location: Royal Alberta Museum, Edmonton, Alberta
Function: History Road Event
Date: June 10 - 11, 2005
Amount: $907.36
Purpose: Lunch and refreshments for volunteers who worked at the History Road Event which represented a volunteer car show.
Location: Reynolds Alberta Museum, Wetaskiwin, Alberta
Education
Hosting Expenses Exceeding $600.00
For the period April 1, 2005 to June 30, 2005
Function: Canada-South Africa Teacher Development Project.
Date: March 18, 2005
Amount: $897.75
Purpose: Hosted dinner for the South African education officials during their three-week study tour on teacher professional development and educational leadership and planning.
Location: Edmonton, Alberta
______________
Ministerial Order (#015/2005)
(School Act)
I, Gene Zwozdesky, Minister of Education, pursuant to Sections 219 and 220 of the School Act, make the Order in the attached Appendix, being The Baintree Roman Catholic Separate School District No. 631 Establishment Order.
Dated at Edmonton, Alberta, May 4, 2005.
Gene Zwozdesky, Minister.
APPENDIX
The Baintree Roman Catholic Separate School District No. 631
Establishment Order
1 Pursuant to Sections 219 and 220 of the School Act, The Baintree Roman Catholic Separate School District No. 631 is established.
2 The Baintree Roman Catholic Separate School District No. 631 shall be comprised of the following lands which are included in The Baintree School District No. 3804 and which are properly assessable for separate school purposes under the provision of Sections 153 to 160 of the School Act:
Township 25, Range 23, West of the 4th Meridian
Sections 3 to 10 inclusive; Sections 15 to 23 inclusive; Sections 26 to 35 inclusive; West half of
Section 36.
Township 25, Range 24, West of the 4th Meridian
Sections 11 to 15 inclusive; Sections 17 to 36 inclusive; North half of
Section 1; North half and Southwest quarter of
Section 16.
Township 25, Range 25, West of the 4th Meridian
Sections 13 to 36 inclusive; Northwest quarter of
Section 10.
Township 25, Range 26, West of the 4th Meridian
Sections 13 to 17 inclusive; Sections 20 to 28 inclusive; Sections 33 to 36 inclusive.
Township 26, Range 23, West of the 4th Meridian
Sections 2 to 7 inclusive; Sections 18 and 19;
Section 31; North half of
Section 30.
Township 26, Range 24, West of the 4th Meridian
Sections 1 to 30 inclusive; Sections 35 and 36; South half and Northeast quarter of
Section 34.
Township 26, Range 25, West of the 4th Meridian
Sections 1 to 25 inclusive.
______________
Ministerial Order (#016/2005)
(School Act)
I, Gene Zwozdesky, Minister of Education, pursuant to
Section 239 of the School Act, make the Order in the attached Appendix, being The Drumheller Roman Catholic Separate School District No. 25 (Christ the Redeemer Catholic Separate Regional Division No. 3) Boundary Adjustment Order.
Dated at Edmonton, Alberta, May 4, 2005.
Gene Zwozdesky, Minister.
APPENDIX
The Drumheller Roman Catholic Separate School District No. 25
(Christ the Redeemer Catholic Separate Regional Division No. 3)
Boundary Adjustment Order
1 Pursuant to
Section 239 of the School Act, all of the lands are taken from the following districts and are added to The Drumheller Roman Catholic Separate School District No. 25:
The Baintree Roman Catholic Separate School District No. 631
2 Pursuant to
Section 239 of the School Act, The Baintree Roman Catholic Separate School District No. 631 is dissolved.
3 The Drumheller Roman Catholic Separate School District No. 25 (St. Anthony's Ward) shall be comprised of the following lands:
Township 21, Range 25, West of the 4th Meridian
Those portions of Sections 30, 31, 32, 33, and 34 lying North of the Bow River; That portion of
Section 35 lying North and West of the Bow River.
Township 21, Range 26, West of the 4th Meridian
Section 26; Sections 33 to 36 inclusive; Those portions of Sections 21, 22, 23, 24, 25, 27, 28, and the East half of
Section 20 lying North of the Bow River; East halves of Sections 29 and 32.
Township 22, Range 24, West of the 4th Meridian
Section 19; Sections 30 and 31; That portion of
Section 7 lying North of the Bow River and West of the Blackfoot Indian Reserve; Those portions of Sections 17, 18, 20, 29, and 32 lying West of the Blackfoot Indian Reserve.
Township 22, Range 25, West of the 4th Meridian
Sections 2 to 11 inclusive; Sections 13 to 29 inclusive; Sections 32 to 36 inclusive; Those portions of Sections 1 and 12 lying North and West of the Bow River; Northeast quarter of
Section 31.
Township 22, Range 26, West of the 4th Meridian
Sections 1 to 4 inclusive; Sections 9 to 12 inclusive; South halves of Sections 13, 14, 15, and 16; East halves of Sections 5 and 8; Southeast quarter of
Section 17.
Township 23, Range 24, West of the 4th Meridian
Sections 5 to 9 inclusive; Sections 11 to 24 inclusive; Sections 25 to 36 inclusive; Those portions of Sections 1, 2, 4, and 10 not included in the Blackfoot Indian Reserve.
Township 23, Range 25, West of the 4th Meridian
Sections 1 to 36 inclusive.
Township 23, Range 26, West of the 4th Meridian
Section 1; Sections 12 and 13; Sections 24 to 28 inclusive; Sections 31 to 36 inclusive.
Township 24, Range 24, West of the 4th Meridian
Sections 1 to 12 inclusive; Sections 14 to 22 inclusive; Sections 27 to 31 inclusive; Sections 30 to 34 inclusive.
Township 24, Range 25, West of the 4th Meridian
Sections 1 to 36 inclusive.
Township 24, Range 26, West of the 4th Meridian
Sections 1 to 36 inclusive.
Township 25, Range 19, West of the 4th Meridian
Sections 32 to 35 inclusive; West halves of Sections 26 and 36; East half of
Section 27.
Township 25, Range 20, West of the 4th Meridian
Sections 34 and 35; North half of
Section 36.
Township 25, Range 22, West of the 4th Meridian
Sections 7 and 8; Sections 17 to 21 inclusive; Sections 29 and 30; North halves of Sections 5 and 6; West half of
Section 28; East half of
Section 31; West half and Southeast quarter of
Section 32; Southwest quarter of
Section 33.
Township 25, Range 23, West of the 4th Meridian
Sections 3 to 35 inclusive; North halves of Sections 1 and 2; West half of
Section 36.
Township 25, Range 24, West of the 4th Meridian
Sections 2 to 36 inclusive; North half of
Section 1.
Township 25, Range 25, West of the 4th Meridian
Sections 1 to 36 inclusive.
Township 25, Range 26, West of the 4th Meridian
Sections 1 to 17 inclusive; Sections 20 to 28 inclusive; Sections 33 to 36 inclusive.
Township 26, Range 19, West of the 4th Meridian
Sections 1 to 12 inclusive; Sections 14 to 19 inclusive;
Section 30; West half of
Section 13.
Township 26, Range 20, West of the 4th Meridian
Sections 1 to 3 inclusive; Sections 10 to 15 inclusive; Sections 23 to 25 inclusive.
Township 26, Range 21, West of the 4th Meridian
North half of
Section 31.
Township 26, Range 22, West of the 4th Meridian
North halves of Sections 34 to 36 inclusive.
Township 26, Range 23, West of the 4th Meridian
Sections 2 to 7 inclusive; Sections 18 and 19;
Section 31; North half of
Section 30.
Township 26, Range 24, West of the 4th Meridian
Sections 1 to 30 inclusive; Sections 35 and 36; South half and Northeast quarter of
Section 34.
Township 26, Range 25, West of the 4th Meridian
Sections 1 to 25 inclusive.
Township 27, Range 18, West of the 4th Meridian
Sections 28 and 33; North half of
Section 21; West half of
Section 27; Southwest quarter of
Section 34; That portion of the Northwest quarter of
Section 22 lying North of the Red Deer River; Those portions of Sections 29, 31 and 32 lying North of the Red Deer River.
Township 27, Range 19, West of the 4th Meridian
Sections 25 to 28 inclusive; Sections 33 to 36 inclusive; East halves of Sections 29 and 32.
Township 27, Range 21, West of the 4th Meridian
Sections 5 to 8 inclusive; Sections 13 to 21 inclusive; Sections 28 to 33 inclusive; North halves of Sections 9 to 12 inclusive; Those portions of Sections 22, 23, 24, and 26, and the West half of
Section 25 lying South of the Rosebud River.
Township 27, Range 22, West of the 4th Meridian
Sections 1 and 2; Sections 11 to 14 inclusive; Sections 23 to 26 inclusive.
Township 28, Range 17, West of the 4th Meridian
Sections 29 to 32 inclusive.
Township 28, Range 18, West of the 4th Meridian
Sections 5 and 7; Sections 18 to 22 inclusive; Sections 25 to 36 inclusive; West half of
Section 4; That portion of
Section 6 lying North and East of the Red Deer River.
Township 28, Range 19, West of the 4th Meridian
Sections 1 to 5 inclusive; Sections 7 to 14 inclusive; Sections 16 to 26 inclusive; That portion of
Section 15 lying South and West of the Red Deer River.
Township 28, Range 20, West of the 4th Meridian
Sections 11 to 15; Sections 21 to 28 inclusive; Sections 34 to 36; East half of
Section 20.
Township 28, Range 21, West of the 4th Meridian
Sections 4 to 9 inclusive.
Township 28, Range 23, West of the 4th Meridian
Sections 13 to 16 inclusive; Sections 21 to 28 inclusive; Sections 33 to 36 inclusive.
Township 29, Range 17, West of the 4th Meridian
Sections 5 to 8 inclusive; Sections 17 to 20 inclusive; Sections 29 and 30.
Township 29, Range 18, West of the 4th Meridian
Sections 1 to 33 inclusive.
Township 29, Range 19, West of the 4th Meridian
Sections 1 to 36 inclusive.
Township 29, Range 20, West of the 4th Meridian
Sections 1 to 3 inclusive; Sections 8 to 17 inclusive; Sections 20 to 36 inclusive; East half of
Section 18 and that portion of the West half of
Section 18 lying North, East and South of the Red Deer River and East of the West limit of Subdivision Plan 3128JK; North half and Southeast quarter of
Section 19.
Township 29, Range 21, West of the 4th Meridian
Section 11, Sections 14 to 33 inclusive; Sections 28 to 33 inclusive; Those portions of Sections 13, 23, 24, 26, 27, and 34 lying South and West of the Red Deer River.
Township 29, Range 22, West of the 4th Meridian
Sections 22 to 26 inclusive; Sections 35 and 36; North halves of Sections 13 and 14; North half and Southeast quarter of
Section 15.
Township 30, Range 18, West of the 4th Meridian
Sections 4 to 9 inclusive; South halves of Sections 16 to 18 inclusive.
Township 30, Range 19, West of the 4th Meridian
Sections 1 to 6 inclusive; Sections 8 to 12 inclusive; Sections 15 to 22 inclusive; Sections 27 to 35 inclusive; North half and Southeast quarter of
Section 7; South half of
Section 13; Northwest quarter of
Section 23; North half and Southwest quarter of
Section 26.
Township 30, Range 20, West of the 4th Meridian
Section 1; Sections 33 to 36 inclusive; North half and Southeast quarter of
Section 25; South halves of Sections 3 to 5 inclusive; North halves of Sections 26 to 28 inclusive; East half of
Section 32; Southeast quarter of
Section 6; Northeast quarters of Sections 24 and 29.
Township 30, Range 22, West of the 4th Meridian
Section 1; East half of
Section 2.
Township 31, Range 19, West of the 4th Meridian
Sections 5 to 8 inclusive; South halves of Sections 1, 2, 3, and 4.
Township 31, Range 20, West of the 4th Meridian
Sections 1 and 2;
Section 12; Southeast quarter of
Section 3.
______________
Ministerial Order (#017/2005)
(School Act)
I, Gene Zwozdesky, Minister of Education, pursuant to
Section 239 of the School Act, make the Order in the attached Appendix, being The Strathmore School District No. 1587 (Golden Hills School Division No. 75) Boundary Adjustment Order.
Dated at Edmonton, Alberta, May 4, 2005.
Gene Zwozdesky, Minister.
APPENDIX
The Strathmore School District No. 1587
(Golden Hills School Division No. 75)
Boundary Adjustment Order
1 Pursuant to
Section 239 of the School Act, all of the lands are taken from the following district and are added to The Strathmore School District No. 1587:
The Baintree School District No. 3804
2 Pursuant to
Section 239 of the School Act, the following school district is dissolved:
The Baintree School District No. 3804
3 The Strathmore School District No. 1587 shall be comprised of the following lands:
Township 21, Range 25, West of the 4th Meridian
Those portions of Sections 30, 31, 32, 33, and 34 lying North of the Bow River; That portion of
Section 35 lying North and West of the Bow River.
Township 21, Range 26, West of the 4th Meridian
Section 26; Sections 33 to 36 inclusive; Those portions of Sections 21, 22, 23, 24, 25, 27, and 28 and East half of
Section 20 lying North of the Bow River; East halves of Sections 29 and 32.
Township 22, Range 24, West of the 4th Meridian
Section 19; Sections 30 and 31; That portion of
Section 7 lying North of the Bow River and West of the Blackfoot Indian Reserve; Those portions of Sections 17, 18, 20, 29, and 32 lying West of the Blackfoot Indian Reserve.
Township 22, Range 25, West of the 4th Meridian
Sections 2 to 11 inclusive; Sections 13 to 29 inclusive; Sections 32 to 36 inclusive; Those portions of Sections 1, and 12 lying North and West of the Bow River; Northeast quarter of
Section 31.
Township 22, Range 26, West of the 4th Meridian
Sections 1 to 4 inclusive; Sections 8 to 12 inclusive; South halves of Sections 13, 14, 15, and 16; East halves of Sections 5 and 8; Southeast quarter of
Section 17.
Township 23, Range 24, West of the 4th Meridian
Sections 5, 6, 8, and 9; Sections 11 to 24 inclusive; Sections 25 to 36 inclusive; Those portions of Sections 1, 2, 4, and 10 not included in the Blackfoot Indian Reserve; North half and Southeast quarter of
Section 7.
Township 23, Range 25, West of the 4th Meridian
Sections 1 to 36 inclusive.
Township 23, Range 26, West of the 4th Meridian
Section 1; Sections 12 and 13; Sections 24 to 28 inclusive; Sections 31 to 36 inclusive.
Township 24, Range 24, West of the 4th Meridian
Sections 1 to 12 inclusive; Sections 14 to 22 inclusive; Sections 27 to 34 inclusive.
Township 24, Range 25, West of the 4th Meridian
Sections 1 to 36 inclusive.
Township 24, Range 26, West of the 4th Meridian
Sections 1 to 36 inclusive.
Township 25, Range 19, West of the 4th Meridian
Sections 32 to 35 inclusive; West halves of Sections 26 and 36; East half of
Section 27.
Township 25, Range 20, West of the 4th Meridian
Sections 34 and 35; North half of
Section 36.
Township 25, Range 22, West of the 4th Meridian
Sections 7 and 8; Sections 17 to 21 inclusive; Sections 29 and 30; North halves of Sections 5 and 6; West half of
Section 28; East half of
Section 31; West half and Southeast quarter of
Section 32; Southwest quarter of
Section 33.
Township 25, Range 23, West of the 4th Meridian
Sections 3 to 35 inclusive; North halves of Sections 1 and 2; West half of
Section 36.
Township 25, Range 24, West of the 4th Meridian
Sections 2 to 36 inclusive; North half of
Section 1.
Township 25, Range 25, West of the 4th Meridian
Sections 1 to 36 inclusive.
Township 25, Range 26, West of the 4th Meridian
Sections 1 to 17 inclusive; Sections 20 to 28 inclusive; Sections 33 to 36 inclusive.
Township 26, Range 19, West of the 4th Meridian
Sections 1 to 12 inclusive; Sections 14 to 19 inclusive;
Section 30; West half of
Section 13.
Township 26, Range 20, West of the 4th Meridian
Sections 1 to 3 inclusive; Sections 10 to 15 inclusive; Sections 23 to 25 inclusive.
Township 26, Range 21, West of the 4th Meridian
North half of
Section 31.
Township 26, Range 22, West of the 4th Meridian
North halves of Sections 34 to 36 inclusive.
Township 26, Range 23, West of the 4th Meridian
Sections 2 to 7 inclusive; Sections 18 and 19;
Section 31; North half of
Section 30.
Township 26, Range 24, West of the 4th Meridian
Sections 1 to 30 inclusive; Sections 35 and 36; South half and Northeast quarter of
Section 34.
Township 26, Range 25, West of the 4th Meridian
Sections 1 to 25 inclusive.
Township 27, Range 18, West of the 4th Meridian
Sections 28 and 33; North half of
Section 21; West half of
Section 27; Southwest quarter of
Section 34; That portion of the Northwest quarter of
Section 22 lying North of the Red Deer River; Those portions of Sections 29, 31, and 32 lying North of the Red Deer River.
Township 27, Range 21, West of the 4th Meridian
Sections 5 to 8 inclusive; Sections 13 to 21 inclusive; Sections 28 to 33 inclusive; North halves of Sections 9 to 12 inclusive; Those portions of Sections 22, 23, 24, and 26 and the West half of
Section 25 lying South of the Rosebud River.
Township 27, Range 22, West of the 4th Meridian
Sections 1 and 2; Sections 11 to 14 inclusive; Sections 23 to 26 inclusive.
Township 28, Range 17, West of the 4th Meridian
Sections 29 to 32 inclusive.
Township 28, Range 18, West of the 4th Meridian
Sections 5 and 7; Sections 18 to 22 inclusive; Sections 25 to 36 inclusive; West half of
Section 4; That portion of
Section 6 lying North and East of the Red Deer River.
Township 28, Range 19, West of the 4th Meridian
Sections 13, 16, 20, and 21; Sections 23 to 26 inclusive; North half of
Section 19; Those portions of Sections 14 and 15 lying South and West of the Red Deer River; Those portions of Sections 11, 12, 14, East half and Southeast quarter of
Section 22 lying Northeast of the Red Deer River; West half and Northeast quarter of
Section 22.
Township 28, Range 20, West of the 4th Meridian
Sections 25 and 36; Those portions of Sections 26 and 35 lying East of Provincial Highway No. 9.
Township 28, Range 21, West of the 4th Meridian
Sections 4 to 9 inclusive.
Township 28, Range 23, West of the 4th Meridian
Sections 13 to 16 inclusive; Sections 21 to 28 inclusive; Sections 33 to 36 inclusive.
Township 29, Range 17, West of the 4th Meridian
Sections 5 to 8 inclusive; Sections 17 to 20 inclusive; Sections 29 and 30.
Township 29, Range 18, West of the 4th Meridian
Sections 1 to 33 inclusive.
Township 29, Range 19, West of the 4th Meridian
Sections 1 to 36 inclusive.
Township 29, Range 20, West of the 4th Meridian
Sections 1 and 2; Sections 8 to 17 inclusive; Sections 20 to 36 inclusive; North half and Southeast quarter of
Section 3; East half of
Section 18 and that portion of the West half of
Section 18 lying North, East and South of the Red Deer River and East of the West limit of Subdivision Plan 3128JK; North half and Southeast quarter of
Section 19.
Township 29, Range 21, West of the 4th Meridian
Section 11; Sections 14 to 33 inclusive; Sections 28 to 33 inclusive; Those portions of Sections 13, 23, 24, 26, 27, and 34 lying South and West of the Red Deer River.
Township 29, Range 22, West of the 4th Meridian
Sections 22 to 26 inclusive; Sections 35 and 36; North halves of Sections 13 and 14; North half and Southeast quarter of
Section 15.
Township 30, Range 18, West of the 4th Meridian
Sections 4 to 9 inclusive; South halves of Sections 16 to 18 inclusive.
Township 30, Range 19, West of the 4th Meridian
Sections 1 to 6 inclusive; Sections 8 to 12 inclusive; Sections 16 to 18 inclusive;
Section 31; North half and Southeast quarter of
Section 7; South halves of Sections 13 and 15; North half of
Section 30.
Township 30, Range 20, West of the 4th Meridian
Section 1; Sections 33 to 36 inclusive; North half and Southeast quarter of
Section 25; South halves of Sections 3 to 5 inclusive; North halves of Sections 26 to 28 inclusive; East half of
Section 32; Southeast quarter of
Section 6; Northeast quarters of Sections 24 and 29.
Township 30, Range 22, West of the 4th Meridian
Section 1; East half of
Section 2.
Township 31, Range 19, West of the 4th Meridian
Sections 5 to 8 inclusive.
Township 31, Range 20, West of the 4th Meridian
Sections 1 and 2;
Section 12; Southeast quarter of
Section 3.
______________
Ministerial Order (#018/2005)
(School Act)
I, Gene Zwozdesky, Minister of Education, pursuant to Sections 219 and 220 of the School Act, make the Order in the attached Appendix, being The Tindastoll Roman Catholic Separate School District No. 633 Establishment Order.
Dated at Edmonton, Alberta, May 4, 2005.
Gene Zwozdesky, Minister.
APPENDIX
The Tindastoll Roman Catholic Separate School District No. 633
Establishment Order
1 Pursuant to Sections 219 and 220 of the School Act, The Tindastoll Roman Catholic Separate School District No. 633 is established.
2 The Tindastoll Roman Catholic Separate School District No. 633 shall be comprised of the following lands which are included in The Tindastoll School District No. 483 and which are properly assessable for separate school purposes under the provision of Sections 153 to 160 of the School Act:
Township 36, Range 1, West of the 4th Meridian
Sections 7 and 8; Sections 17 to 22 inclusive; Sections 26 to 29 inclusive; Sections 32 to 35 inclusive; Northwest quarter of
Section 16; Southeast quarter of
Section 31; East half and Southwest quarter of
Section 30.
Township 36, Range 2, West of the 4th Meridian
East half of
Section 13; Southeast quarter of
Section 24; That portion of the East half of
Section 12 lying North of the Red Deer River.
______________
Ministerial Order (#019/2005)
(School Act)
I, Gene Zwozdesky, Minister of Education, pursuant to Sections 219 and 220 of the School Act, make the Order in the attached Appendix, being The Innis Lake Roman Catholic Separate School District No. 634 Establishment Order.
Dated at Edmonton, Alberta, May 4, 2005.
Gene Zwozdesky, Minister.
APPENDIX
The Innis Lake Roman Catholic Separate School District No. 634
Establishment Order
1 Pursuant to Sections 219 and 220 of the School Act, The Innis Lake Roman Catholic Separate School District No. 634 is established.
2 The Innis Roman Catholic Separate School District No. 634 shall be comprised of the following lands which are included in The Innis School District No. 2237 and which are properly assessable for separate school purposes under the provision of Sections 153 to 160 of the School Act:
Township 31, Range 28, West of the 4th Meridian
Sections 18 and 19; Sections 30 and 31; North half of
Section 7.
Township 31, Range 29, West of the 4th Meridian
Sections 13, 24, 25, and 36; Portions of Sections 14, 23, 26, and 35; North half of
Section 12; Portions of the North half of
Section 11.
Township 32, Range 28, West of the 4th Meridian
Sections 1 to 12 inclusive; Sections 14 to 22 inclusive; Sections 26 to 34 inclusive; South halves and Northwest quarters of Sections 23 and 35.
Township 32, Range 29, West of the 4th Meridian
Section 1; Sections 12 and 13; Sections 24 and 25;
Section 36; Portions of Sections 2, 11, 14, 23, 26, and 35.
Township 33, Range 27, West of the 4th Meridian
Southwest quarter of
Section 31.
Township 33, Range 28, West of the 4th Meridian
Sections 3 to 11 inclusive; Sections 13 to 36 inclusive; North half and Southwest quarter of
Section 2.
Township 33, Range 29, West of the 4th Meridian
Section 1; Sections 12 to 14 inclusive; Sections 23 to 26 inclusive; Sections 35 and 36; Portions of Sections 2 and 11.
Township 31, Range 1, West of the 5th Meridian
Sections 13 to 16 inclusive; Sections 20 to 36 inclusive; North half of
Section 12; East halves of Sections 11 and 17; Northeast quarters of Sections 8 and 19.
Township 31, Range 2, West of the 5th Meridian
Sections 27 to 35 inclusive; Northwest quarter of
Section 26.
Township 31, Range 3, West of the 5th Meridian
Section 13; Sections 15 and 16; Sections 21 to 28 inclusive; Sections 33 to 36 inclusive; North half and Southwest quarter of
Section 14.
Township 32, Range 1, West of the 5th Meridian
Sections 1 to 18 inclusive; Sections 23 to 26 inclusive; Sections 35 and 36; South halves of Sections 20, 21, and 22; Southeast quarter of
Section 19.
Township 32, Range 2, West of the 5th Meridian
Sections 1 to 23 inclusive; Sections 26 to 35 inclusive.
Township 32, Range 3, West of the 5th Meridian
Sections 1 to 4 inclusive; Sections 9 to 16 inclusive; Sections 21 to 28 inclusive; Sections 33 to 36 inclusive.
Township 33, Range 1, West of the 5th Meridian
Sections 1 and 2; Sections 11 to 36 inclusive.
Township 33, Range 2, West of the 5th Meridian
Sections 3 to 11 inclusive; Sections 13 to 36 inclusive; North half and Southwest quarter of
Section 2.
Township 33, Range 3, West of the 5th Meridian
Sections 1 to 4 inclusive; Sections 10 to 15 inclusive; Sections 22 to 27 inclusive; Sections 34 to 36 inclusive; East halves of Sections 9, 16, 21, and 33.
Township 34, Range 2, West of the 5th Meridian
Sections 2 to 10 inclusive.
Township 34, Range 3, West of the 5th Meridian
Sections 1 to 3 inclusive; Sections 10 to 12 inclusive; East halves of Sections 4 and 9.
______________
Ministerial Order (#020/2005)
(School Act)
I, Gene Zwozdesky, Minister of Education, pursuant to
Section 239 of the School Act, make the Order in the attached Appendix, being The Rocky Mountain House Roman Catholic Separate School District No. 131 (Red Deer Catholic Regional Division No. 39 - Rocky Mountain House Ward - The Sylvan Lake Electoral Subdivision) Boundary Adjustment Order.
Dated at Edmonton, Alberta, May 4, 2005.
Gene Zwozdesky, Minister.
APPENDIX
The Rocky Mountain House Roman Catholic Separate School District No. 131
(Red Deer Catholic Regional Division No. 39 - Rocky Mountain House Ward
The Sylvan Lake Electoral Subdivision)
Boundary Adjustment Order
1 Pursuant to
Section 239 of the School Act, all of the lands are taken from the following districts and are added to The Rocky Mountain House Roman Catholic Separate School District No. 131:
a) The Tindastoll Roman Catholic Separate School District No. 633.
b) The Innis Lake Roman Catholic Separate School District No. 634.
2 Pursuant to
Section 239 of the School Act, The Tindastoll Roman Catholic Separate School District No. 633 and The Innis Lake Roman Catholic Separate School District No. 634 are dissolved.
3 The Rocky Mountain House Roman Catholic Separate School District No. 131 (Rocky Mountain House Ward - The Sylvan Lake Electoral Subdivision) shall be comprised of the following lands:
Township 31, Range 28, West of the 4th Meridian
Sections 18 and 19; Sections 30 and 31; North half of
Section 7.
Township 31, Range 29, West of the 4th Meridian
Sections 13, 24, 25, and 36; Portions of Sections 14, 23, 26, and 35; North half of
Section 12; Portions of the North half of
Section 11.
Township 32, Range 28, West of the 4th Meridian
Sections 1 to 12 inclusive; Sections 14 to 22 inclusive; Sections 26 to 34 inclusive; South halves and Northwest quarters of Sections 23 and 35.
Township 32, Range 29, West of the 4th Meridian
Section 1; Sections 12 and 13; Sections 24 and 25;
Section 36; Portions of Sections 2, 11, 14, 23, 26, and 35.
Township 33, Range 27, West of the 4th Meridian
Southwest quarter of
Section 31.
Township 33, Range 28, West of the 4th Meridian
Sections 3 to 11 inclusive; Sections 13 to 36 inclusive; North half and Southwest quarter of
Section 2.
Township 33, Range 29, West of the 4th Meridian
Section 1; Sections 12 to 14 inclusive; Sections 23 to 26 inclusive; Sections 35 and 36; Portions of Sections 2 and 11.
Township 34, Range 27, West of the 4th Meridian
Sections 30 and 31.
Township 34, Range 28, West of the 4th Meridian
Sections 25 to 28 inclusive; Sections 31 to 36 inclusive.
Township 34, Range 29, West of the 4th Meridian
Section 36; Portions of Sections 2, 11, 14, 23, and 26; Southwest quarter of
Section 25; Portions of
Section 35.
Township 35, Range 27, West of the 4th Meridian
Sections 4 to 10 inclusive; Sections 15 to 22 inclusive; Sections 27 to 33 inclusive.
Township 35, Range 28, West of the 4th Meridian
Sections 1 to 36 inclusive.
Township 36, Range 1, West of the 4th Meridian
Sections 7 and 8; Sections 17 to 22 inclusive; Sections 26 to 29 inclusive; Sections 32 to 35 inclusive; Northwest quarter of
Section 16; Southeast quarter of
Section 31; East half and Southwest quarter of
Section 30.
Township 36, Range 2, West of the 4th Meridian
East half of
Section 13; Southeast quarter of
Section 24; That portion of the East half of
Section 12 lying North of the Red Deer River.
Township 36, Range 27, West of the 4th Meridian
Sections 4 to 9 inclusive; Sections 16 to 21 inclusive.
Township 36, Range 28, West of the 4th Meridian
Sections 1 to 6 inclusive; Sections 8 to 22 inclusive;
Section 24; Sections 28 and 29; Sections 31 and 32; West half of
Section 27; Those portions of Sections 7 and 30 lying West of the Red Deer River.
Township 37, Range 28, West of the 4th Meridian
Sections 6 and 7; Sections 17 to 19 inclusive; Those portions of Sections 5, 8, 9, 15, and 16 lying West of the Red Deer River; South half of
Section 20; Southwest quarter of
Section 21.
Township 38, Range 28, West of the 4th Meridian
Southwest quarter of
Section 7.
Township 31, Range 1, West of the 5th Meridian
Sections 13 to 16 inclusive; Sections 20 to 36 inclusive; North half of
Section 12; East halves of Sections 11 and 17; Northeast quarters of Sections 8 and 19.
Township 31, Range 2, West of the 5th Meridian
Sections 27 to 35 inclusive; Northwest quarter of
Section 26.
Township 31, Range 3, West of the 5th Meridian
Section 13; Sections 15 and 16; Sections 21 to 28 inclusive; Sections 33 to 36 inclusive; North half and Southwest quarter of
Section 14.
Township 32, Range 1, West of the 5th Meridian
Sections 1 to 36 inclusive.
Township 32, Range 2, West of the 5th Meridian
Sections 1 to 36 inclusive.
Township 32, Range 3, West of the 5th Meridian
Sections 1 to 4 inclusive; Sections 9 to 16 inclusive; Sections 21 to 28 inclusive; Sections 33 to 36 inclusive.
Township 33, Range 1, West of the 5th Meridian
Sections 1 to 36 inclusive.
Township 33, Range 2, West of the 5th Meridian
Sections 1 to 36 inclusive.
Township 33, Range 3, West of the 5th Meridian
Sections 1 to 4 inclusive; Sections 10 to 15 inclusive; Sections 22 to 27 inclusive; Sections 34 to 36 inclusive; East halves of Sections 9, 16, 21, and 33.
Township 34, Range 1, West of the 5th Meridian
Sections 1 to 3 inclusive; Sections 10 to 15 inclusive; Sections 22 to 27 inclusive; Sections 31 to 36 inclusive; Northeast quarter of
Section 16; South half of
Section 21.
Township 34, Range 2, West of the 5th Meridian
Sections 2 to 10 inclusive.
Township 34, Range 3, West of the 5th Meridian
Sections 1 to 3 inclusive; Sections 10 to 12 inclusive; East halves of Sections 4 and 9.
Township 35, Range 1, West of the 5th Meridian
Sections 1 to 6 inclusive; Sections 8 to 17 inclusive; Sections 20 to 29 inclusive; Sections 32 to 36 inclusive.
Township 36, Range 1, West of the 5th Meridian
Sections 1 to 5 inclusive; Sections 9 to 15 inclusive; Sections 23 to 25 inclusive;
Section 36; East half and Southwest quarter of
Section 16.
Township 36, Range 2, West of the 5th Meridian
North halves of Sections 32, 33, and 34; Northwest quarter of
Section 35.
Township 36, Range 3, West of the 5th Meridian
Sections 5 to 8 inclusive; Sections 17 to 20 inclusive; Sections 29 and 30.
Township 36, Range 4, West of the 5th Meridian
Sections 1 to 3 inclusive; Sections 11 to 14 inclusive; Sections 23 to 26 inclusive; East halves of Sections 10, 15, and 22.
Township 37, Range 1, West of the 5th Meridian
Sections 1 to 4 inclusive; Sections 7 to 36 inclusive.
Township 37, Range 2, West of the 5th Meridian
Sections 1 to 5 inclusive; Sections 8 to 17 inclusive; Sections 21 to 29 inclusive; Sections 32 to 36 inclusive; North half and Southwest quarter of
Section 20.
Township 38, Range 1, West of the 5th Meridian
Sections 1 to 10 inclusive; Sections 15 to 22 inclusive; Sections 28 to 31 inclusive; Those portions of Sections 11, 12, and 14 lying South and West of the Cygnet Lake; Those portions of Sections 32 and 33 lying South of the Sylvan Lake.
Township 38, Range 2, West of the 5th Meridian
Sections 1 to 36 inclusive.
Township 38, Range 3, West of the 5th Meridian
Sections 1 and 2; Sections 11 to 14 inclusive; Sections 24 and 25;
Section 36; South half and Northeast quarter of
Section 23; That portion of the Northeast quarter of
Section 26 lying North of the Medicine River; That portion of the Northwest quarter of
Section 26 lying North of the Medicine River; That portion of the Northeast quarter of
Section 34 lying North of the Medicine River; Northeast quarter of
Section 35; That portion of the Southeast quarter of
Section 35 lying North of the Medicine River; That portion of the Southwest quarter of
Section 35 lying East of the Medicine River; That portion of the Northwest quarter of
Section 35 lying North of the Medicine River.
Township 39, Range 1, West of the 5th Meridian
Section 20; Sections 28 to 33 inclusive; That portion of the Southeast quarter of
Section 4 lying South and East of the Sylvan Lake; Those portions of Sections 5 and 6 lying West of the Sylvan Lake; Those portions of Sections 8, 17, 18, and 19 lying North and East of Sylvan Lake; West halves of Sections 16, 21, and 34.
Township 39, Range 2, West of the 5th Meridian
Sections 1 to 10 inclusive; Sections 16 to 21 inclusive;
Section 25; Sections 28 to 32 inclusive; Sections 35 and 36; Those portions of Sections 11, 12, 13, 14, and 15 lying South and West of Sylvan Lake; Those portions of Sections 24, 26, 27, and 34 lying North and East of Sylvan Lake; That portion of
Section 33 not included in Sylvan Lake.
Township 39, Range 3, West of the 5th Meridian
Section 1;
Section 13; Sections 24 and 25;
Section 36; South half and Northeast quarter of
Section 12; South half of the Southeast quarter of
Section 26.
Township 40, Range 1, West of the 5th Meridian
Sections 4 to 6 inclusive; West half of
Section 3; Southeast quarter of
Section 8.
Township 40, Range 2, West of the 5th Meridian
Sections 1 to 5 inclusive; Sections 8 to 11 inclusive; South half of
Section 6; Southwest quarter of
Section 12.
______________
Ministerial Order (#022/2005)
(School Act)
I, Gene Zwozdesky, Minister of Education, pursuant to
Section 239 of the School Act, make the Order in the attached Appendix, being The Calgary School District No. 19 Boundary Adjustment Order.
Dated at Edmonton, Alberta, May 9, 2005.
Gene Zwozdesky, Minister.
APPENDIX
The Calgary School District No. 19
Boundary Adjustment Order
1 Pursuant to
Section 239 of the School Act, and Order in Council 486/2004 issued pursuant to
Section 126 of the Municipal Government Act, dated October 19, 2004, all of the following lands are added to The Calgary School District No. 19:
Township 25, Range 2, West of the 5th Meridian
Those portions of the East half of
Section 7 and the Northeast quarter of
Section 6 described as follows: Plan 7510139, Block A consisting of 55.9 hectares (138.21 acres) including Condominium Plan 9910105; Plan 9310474 Block C consisting of 44.44 hectares (109.81 acres) including Condominium Plan 0013086. All government road allowances and government road allowance intersections intervening and adjoining the above described lands.
Excepting:
Township 25, Range 2, West of the 5th Meridian
Those portions of the Northeast quarter of
Section 6 and the East half of
Section 7 described as follows: Plan 7510139, Blocks 1 and 2; Subdivision 8710546 consisting of 1.19 hectares (4.72 acres); Subdivision 9010400 consisting of 11.36 hectares (28.07 acres); Subdivision 9510940 consisting of 1.824 hectares (4.51 acres); Subdivision 8710469; Subdivision 9010497; That portion of the Northeast quarter of
Section 6 lying North of the Main Line of the Canadian Pacific Railway on Plan RY 10 and South of Subdivisions 9310474 and 9010497 consisting of 60.9 hectares (150.52 acres); That portion of the Northwest quarter of
Section 6 adjoining the North limit of the Canadian Pacific Railway Right of Way on Plan RY 10 extending West for 1650 feet consisting of 1.02 hectares (2.53 acres); Parcel E, 7416 JK; Parcel A 1139 HJ; CPR RY 10 and CPR 8511241. These lands shall remain part of The Rocky View School Division No. 41.
2 The Calgary School District No. 19 shall be comprised of the following lands:
Township 22, Range 29, West of the 4th Meridian
Sections 14 to 16 inclusive; Sections 20 to 23 inclusive; Sections 26 to 29 inclusive; Sections 32 to 35 inclusive; Portions of Sections 19, 20 and 31; Those portions of Sections 3, 4, 8, 9, 10, and 11 lying North of the Bow River; That portion of
Section 17 lying Northeast of the Bow River; Those portions of Sections 25 and 36 contained in Road Plan 741 0459.
Township 23, Range 29, West of the 4th Meridian
Sections 1 to 4 inclusive; Sections 9 to 16 inclusive; Sections 21 to 28 inclusive; Sections 33 to 36 inclusive.
Township 24, Range 29, West of the 4th Meridian
Sections 1 to 4 inclusive; Sections 9 to 16 inclusive; Sections 21 to 28 inclusive; Sections 33 to 36 inclusive.
Township 25, Range 29, West of the 4th Meridian
Sections 1 to 4 inclusive; Sections 9 to 16 inclusive; Sections 21 to 28 inclusive; Sections 33 to 36 inclusive.
In Township 22, Range 1, West of the 5th Meridian
Sections 21 to 36 inclusive; Legal subdivisions 9, 13, 14, 15, and 16 of
Section 19; Legal subdivisions 12, 13, 14, 15, and 16 of
Section 20; Those portions of Sections 19 and 20 contained in Road Plan 1996 I.X.
In Township 22, Range 2, West of the 5th Meridian
Sections 25 to 27 inclusive; Sections 34 to 36 inclusive; Those portions of Sections 22 to 24 inclusive contained in Road Plan 2413 I.X.
In Township 23, Range 1, West of the 5th Meridian
Sections 1 to 36 inclusive.
In Township 24, Range 1, West of the 5th Meridian
Sections 1 to 36 inclusive.
In Township 24, Range 2, West of the 5th Meridian
Sections 1 to 4 inclusive; Sections 9 to 16 inclusive; Sections 21 to 28 inclusive; Sections 32 to 36 inclusive; East half of
Section 31; That portion of the Northeast quarter of
Section 8 contained in Road Plan 7810831; That portion of the East half of
Section 20 contained in Road Plan 7810330.
In Township 25, Range 1, West of the 5th Meridian
Sections 1 to 36 inclusive, except that portion of the North half lying East of the West limit of main Highway No. 2A as shown on Road Plan 7598 J.K.
In Township 25, Range 2, West of the 5th Meridian
Sections 1 to 5 inclusive; Sections 8 to 17 inclusive; Sections 20 to 28 inclusive; Sections 33 to 36 inclusive; That portion of the Southeast quarter of
Section 6 lying South of the Bow River; That portion of the East half of
Section 7 and that portion of the Northeast quarter of
Section 6 described as follows: Plan 7510139, Block A, containing 55.9 hectares (138.21 acres) included in Condominium Plan 9910105; Plan 9310474, Block C, containing 44.44 hectares (109.81 acres) including Condominium Plan 0013086.
In Township 26, Range 2, West of the 5th Meridian
Sections 1 and 2 contained in Road Plan 8011000.
All government road allowances and government road allowance intersections intervening and adjoining the above described lands.
3 The Calgary School District No. 19 Boundary Adjustment Order, Ministerial Order No. 77/2004 dated December 8, 2004 is repealed by this Order.
______________
Ministerial Order (#025/2005)
(School Act)
I, Gene Zwozdesky, Minister of Education, pursuant to Sections 219 and 220 of the School Act, make the Order in the attached Appendix, being The Didsbury Roman Catholic Separate School District No. 635 Establishment Order.
Dated at Edmonton, Alberta, June 22, 2005.
Gene Zwozdesky, Minister.
APPENDIX
The Didsbury Roman Catholic Separate School District No. 635
Establishment Order
1 Pursuant to Sections 219 and 220 of the School Act, The Didsbury Roman Catholic Separate School District No. 635 is established.
2 The Didsbury Roman Catholic Separate School District No. 635 shall be comprised of the following lands which are included in The Didsbury School District No. 652 and which are properly assessable for separate school purposes under the provision of Sections 153 to 160 of the School Act:
Township 31, Range 1, West of the 5th Meridian
Sections 6 and 7;
Section 18; West halves of Sections 8 and 17; South half and Northwest quarter of
Section 19.
Township 31, Range 2, West of the 5th Meridian
Sections 1 and 2; Sections 11 to 14 inclusive; Sections 23 to 25 inclusive;
Section 36; South half and Northeast quarter of
Section 26; Northeast quarter of
Section 22.
Executive Council
Hosting Expenses Exceeding $600.00
For the period ending June 30, 2005
Purpose: Reception for Official Visit of His Excellency, Mr. Mohamed Saad, Ambassador of Tunisia
Date: April 13, 2005
Location: Government House, Edmonton
Amount: $1,686.99
Purpose: Reception for Official Visit of His Excellency Snanchart Devahastin, Ambassador of Thailand
Date: April 16, 2005
Location: Fairmont Hotel MacDonald, Edmonton
Amount: $1,699.26
Purpose: Reception for Official Visit of His Excellency, Ernesto Senti, Ambassador of the Republic of Cuba
Date: April 20, 2005
Location: Government House, Edmonton
Amount: $1,211.44
Purpose: Alberta Government Annual Consular Corps Briefing
Date: April 21 & 22, 2005
Location: Government House, Edmonton
Amount: $3,405.18
Purpose: Edmonton Celebratory Dinner in honour of the Lieutenant Governor's Installation
Date: April 23, 2005
Location: Government House, Edmonton
Amount: $732.69
Purpose: Reception for Official Visit of Mr. Bunyan Saptomo, Consul General of the Republic of Indonesia
Date: April 25, 2005
Location: Government House, Edmonton
Amount: $921.39
Purpose: Reception for Official Visit of His Excellency, Poul Erik Dam Kristensen, Ambassador of Denmark
Date: April 27, 2005
Location: Government House, Edmonton
Amount: $1,238.14
Finance
Hosting Expenses Exceeding $600.00
For the period ending June 30, 2005
Purpose: Meeting of officials of the Task Force on Securities Regulatory Reform to continue work on implementing the MOU and Action Plan signed by Ministers.
Date: April 19 & 20, 2005
Location: Sheraton Centre, Toronto
Amount: $2,605.71
Purpose: Dinner to allow IMD Client Representatives to meet and pose direct questions to guest speakers on topical investment subjects of concern to IMD's client base.
Date: April 27, 2005
Location: Fairmont Hotel MacDonald, Edmonton
Amount: $836.86
Purpose: Semi-annual investment seminar to update all clients of Alberta Investment Management on economic trends and developments that impact their investments.
Date: April 28, 2005
Location: Northlands Park, Edmonton
Amount: $2,685.36
Purpose: Dinner meeting with the Auto Insurance Board Members
Date: May 10, 2005
Location: Chance Restaurant, Edmonton
Amount: $914.69
Purpose: Joint meeting for Investment Operations Committee and Endowment Policy Committee to go over committee issues
Date: May 26, 2005
Location: Westin, Edmonton
Amount: $1,102.14
Government Services
Hosting Expenses Exceeding $600.00
For the period April 1, 2005 to June 30, 2005
Function: Vital Statistics Council of Canada Conference
Date: June 29, 2005
Amount: $4,670.00
Location: Kananaskis, Alberta
Purpose: To host the provincial/territorial representatives of Vital Statistics Council of Canada.
Function: Utilities Consumer Advocate - Advisory Council Meeting
Date: March 30, 2005
Amount: $974.00
Location: Edmonton, Alberta
Purpose: Discuss issues in the current debate on electricity retail options.
Function: Utilities Consumer Advocate Advisory Council Industry and Consumer Affairs Meeting
Date: March 17 and 18, 2005
Amount: $795.14
Location: Edmonton, Alberta
Purpose: To provide a channel of communication from t he public on energy issues that impact small consumers, including regulatory affairs.
Infrastructure and Transportation
Sale or Disposition of Land
(Government Organization Act)
Name of Purchaser: Materials Engineering Canada Ltd.
Consideration: $64,000.00
Land Description: Plan 8322078, Block 27, Lot 2. Containing 1.02 hectares more or less. Excepting thereout: 0.186 hectares, more or less, as shown in descriptive plan 8821993. Excepting thereout all mines and minerals. Located in the Town of Two Hills.
Name of Purchaser: Regional Municipality of Wood Buffalo
Consideration: $4,242,500.00
Land Description: Plan 7520462, Block 24. Containing 23 Hectares (56.77 Acres) more or less. Excepting thereout: Plan 0325017 Subdivision, 2.22 Hectares (5.49 Acres) more or less. Excepting thereout all mines and minerals. Located in the Regional Municipality of Wood Buffalo (Fort McMurray).
Name of Purchaser: 1121024 Alberta Ltd.
Consideration: $150,000.00
Land Description: Plan 331PX gravel stockpile site as shown outlined in red. Containing 4.05 hectares (10 Acres) more or less. Excepting thereout: Plan 0322780 - road, 3.66 Hectares (9.04 Acres) more or less. Excepting thereout all mines and minerals, and the right to work the same. Located in the County of Grande Prairie.
Name of Purchaser: Trevor Tkachuk and Catherine Tkachuk
Consideration: $45,000.00
Land Description: Plan 6099AQ, Block 5, Lot A. Excepting thereout all mines and minerals. Located in the Municipality of Crowsnest Pass.
Name of Purchaser: Jeffrey William Frederick Mitchell
Consideration: $6, 150.00
Land Description: Plan 4590AL, Block 5, Lot 1. Excepting therout all mines and minerals. Located in the Municipality of Crowsnest Pass.
Metis Settlements General Council
Oil and Gas Resource Sharing Policy
Policy GC-P0502
Adopted May 19, 2005
Table of Contents
Part 1 Context
1 Background
2 Purpose
Part 2
Interpretation
Definitions
Part 3 Development Agreements
4 Joint negotiations
5 MSGC Board
6 No assignments or conversions
Part 4 Sharing Framework
7 Authority for Participation Option
8 Authority for Overriding Royalty
9 Sharing the Participation Option
10 Sharing Overriding Royalties
11 Revenue from surface agreements
Part 5 Administration of Resource Revenue
12 Establishment of accounts
13 Payments into the Consolidated Fund
14 Payments out of the Consolidated Fund
15 Reporting
16 Examinations
17 Disputes
Part 6 Review
18 Review
Part 7 Transitional
19 No effect prior to passage
Part 1
Context
Background
Section 222(1)(
b) of the M‚tis Settlements Act (MSA), provides that the General Council, after consultation with the Minister of Aboriginal Affairs and Northern Development, may make, amend or repeal General Council Policies respecting the co-management of the subsurface resources of settlements areas and the distribution of the proceeds from exploration for, and development of those resources.
Purpose
2 The purpose of this policy is to establish a resource sharing and administrative framework relating to revenues resulting from the co-management of subsurface resources.
Part 2
Interpretation
Definitions
3(1) The following
definitions apply in this Policy:
(a) "Act" means the Metis Settlements Act;
(b) "Affected Settlement Corporation" means, in respect of any Posting Request, Notice of Public Offering, Bid, Development Agreement, or Resource Agreement with respect to any Minerals, the Settlement Corporation of the Settlement Area in which the Minerals are located;
(c) "Attributable" means any revenue from the terms of the sharing framework agreed to under paragraphs 9(1) and (2) of this Policy and paragraph 10(2) of this Policy
(d) "Bid" means an offer made to the Minister of Energy in response to a Notice of Public Offering (NPO), which, when accepted by the Minister of Energy, would create an agreement between the person making the offer and the Minister of Energy with respect to the issuing of a Resource Agreement for the Minerals the subject of the NPO and offer;
(e) "Bidder" means the person making the Bid;
(f) "Development Agreement" means an agreement entered into by the affected Settlement Corporation, General Council and a Bidder, setting out rights and obligations of those parties with regard to any of the matters referred to in
section 303 of the Co-management Agreement and surface access of the Bidder to and the exploration for and development by the Bidder of, Minerals in respect of which the Bidder has submitted a Bid;
(g) "Effective Date" means November 1, 1990;
(h) "Minerals" means the whole or any part of the mines and minerals, as defined by the Mines and Minerals Act, owned by the Minister of Energy in the whole or in part of the M‚tis Settlements Lands that are not subject to a Disposition
i. that was issued by the Minister before the Effective Date, or
ii. that is issued by the Minister of Energy after the Effective Date but that arises out of, or that is a renewal, continuation, reinstatement or other like extension under the Act of any Disposition issued before the Effective Date;
(i) "Overriding Royalty" means a right reserved in a Development Agreement to the General Council, for it to receive a share of the portion of production, or of the value of production, obtained by the Bidder pursuant to the Resource Agreements referred to in the Development Agreement, that remains after payment of royalty to the Minister in relation to such production; and
(j) "Participation Option" means an option reserved in a Development Agreement to the General Council that allows the General Council to obtain from the Bidder who is party to the Development Agreement, no more than a 25% specified undivided interest in the Resource Agreements referred to in the Development Agreement.
Part 3
Development Agreements
Joint negotiations
4 In accordance with this Policy, both General Council and the affected Settlement Corporation must jointly negotiate with the successful bidder.
MSGC Board
5(1) All consultation and representations, made by the representatives designated by General Council and affected Settlement Council, shall be brought to Metis Settlements General Council (MSGC) Board for consideration.
(2) The MSGC Board will then exercise all of MSGC rights, duties and powers under the Co-management Agreement; and any rights and responsibilities under this Policy.
No assignments or conversions
6 An affected Settlement's share of the Participation Option under paragraph 9 of this Policy cannot be assigned or otherwise converted into another interest by an affected Settlement Corporation.
Part 4
Sharing Framework
Authority for Participation Option
7 It is recognized and affirmed that the Co-management Agreement allows the MSGC to obtain from a Bidder who is party to the development agreement, not more than a 25 % specified undivided interest in the Resource Agreements referred to in the Development Agreement
Authority for Overriding Royalty
8 It is recognized and affirmed that the Co-management Agreement allows MSGC to receive a share of the portion of production, or of the value of the portion of production, obtained by the Bidder pursuant to the Resource Agreements referred to in the Development Agreement, that remains after payment of royalty to the Minister of Energy in relation to such production.
Sharing the Participation Option
9(1) Subject to paragraph 9(2) below, the Participation Option shall be shared equally between the MSGC and the affected Settlement.
(2) Where the MSGC or an affected Settlement does not exercise all or only part of its share of the Participation Option, the MSGC or the affected Settlement, as the case may be, has the right of first refusal to take up the remainder of the Participation Option.
Sharing Overriding Royalties
10(1) Any and all revenues resulting from any Overriding Royalty under the Co-management Agreement of 3%, on a production value of 100% shall be the property of the Metis Settlements General Council.
(2) Any revenues resulting from any Overriding Royalty over 3%, on a production value of 100% shall be paid to the affected Settlement Corporation.
(3) Neither the MSGC nor the affected Settlement will pay each other an overriding royalty on the elected Participation Option percentage.
Revenue from surface agreements
11 For clarity, any and all revenues from surface agreements shall remain with and be the property of the named Settlement in the surface rights agreements and shall be paid out in accordance with the terms set out in the surface agreements
Part 5
Administration of Resource Revenue
Establishment of accounts
12(1) In accordance with
section 134(1) of the MSA, the Metis Settlements Consolidated Fund consisting of Parts 1 and 2 has been established.
(2) In accordance with
section 135(1) of the MSA, a general oil and gas account within
Part 1 of the Consolidated Fund has been established.
(3) In accordance with
section 135(1)(
b) of the MSA, accounts have been established within
Part 1 of the Consolidated Fund in the name of each Settlement.
Payments into the Consolidated Fund
13(1) Subject to paragraph 13(2) below, revenue or money resulting from the co-management of subsurface resource agreements, including the 25% Participation Option and 3% Overriding Royalty payable to the General Council, shall be paid into the general oil and gas account pursuant to
section 140(1)(d)(iii) of the MSA.
(2) In accordance with
section 140(4) of the MSA, when money paid into the Consolidated Fund is attributable to an affected Settlement Corporation, the payment will be made in the first instance to the
Part 1 Settlement account established for that Settlement.
Payments out of the Consolidated Fund
14(1) Money may be paid out of
Part 1 of the Consolidate Fund
(
a) in accordance with a financial allocation policy or amendments to that policy made by General Council Policy as required under
section 142(1)(
a) of the MSA, or
(
b) with respect to funds attributable to an affected Settlement Corporation in accordance with a settlement bylaw as required under
section 142(1)(
b) of the MSA.
(2) In accordance with
section 143 of the Act, when money is payable out of the Consolidated Fund to a Settlement, the General Council may deduct from the payment any sum owing by the Settlement to the General Council.
Reporting
15 A monthly report will be forwarded to each Settlement indicating the amount of funding available in their
Part I account. The report will include an area for the Administrator to indicate the amount of funds the settlement wishes to access. The funds are accessible through the passing of a budget bylaw or budget by-law amendments.
Examinations
16 If the affected Settlement or Treasurer, or either party's delegate, is aware of facts that would cause either party to question the attribution of monies to a Settlement or General Council, either party may, with notice in writing to the other affected party and make reasonable and prudent inquiries into the matter.
Disputes
17 In case of dispute, the monies shall be held in the general oil and gas account within
Part 1 of the Consolidated Fund, and the Treasurer shall apply to Court for advice and direction.
Part 6
Review
Review
18 This Policy may be amended, replaced, or repealed by General Council in accordance with its Rules and Procedures and the MSA.
Part 7
Transitional
No effect prior to passage
19 This Policy shall be applied on a go forward basis from the day it takes effect under the Act.
Municipal Affairs
Public Sale of Land
(Tax Recovery Act)
Special Area No. 2
Notice is hereby given that, under the provisions of the Municipal Government Act, Alberta Municipal Affairs will offer for sale, by public auction, in the Special Areas Office, 212-2nd Ave West, Hanna, Alberta, on Tuesday, October 11, 2005, at 2:00 p.m., the following lands:
Section
Twp
Rge
Acres
C. of T.
NE 21
157.01
801082794D
NW 21
158.01
801082794D
SE 21
158.01
150-L-099
SW 21
159.30
150-L-099
NW 28
160.00
801082794A
SE 28
157.05
150-L-098
SW 28
159.04
801082794A
Each parcel will be offered for sale, subject to the approval of the Minister of Municipal Affairs, and subject to a reserve bid and to the reservations and conditions contained in the existing certificate of title.
Reserving thereout all mines and minerals.
The Special Areas Board may, after the public auction, become the owner of any parcel of land that is not sold at the public auction.
Redemption may be effected by payment of all arrears of taxes and costs at any time prior to the sale.
Dated at Hanna, Alberta, August 15, 2005.
Jay Slemp, Chairman, Special Areas Board.
______________
Special Area No. 3
Notice is hereby given that, under the provisions of the Municipal Government Act, Alberta Municipal Affairs will offer for sale, by public auction, in the Special Areas Office, 319 Main Street, Oyen, Alberta, on Wednesday, October 12, 2005, at 2:00 p.m., the following lands:
Section
Twp
Rge
Acres
C. of T.
NE 12
158.01
NW 12
159.00
Chinook
Plan
Block
Lot
C. of T.
2231BA
051135299+1
2231BA
051135299+1
2231BA
051135299+1
2231BA
051135299+1
2231BA
051135299+2
2231BA
051135299+2
2231BA
Sibbald
Plan
Block
Lot
C. of T.
3569BN
3569BN
3569BN
Each parcel will be offered for sale, subject to the approval of the Minister of Municipal Affairs, and subject to a reserve bid and to the reservations and conditions contained in the existing certificate of title.
Reserving thereout all mines and minerals.
The Special Areas Board may, after the public auction, become the owner of any parcel of land that is not sold at the public auction.
Redemption may be effected by payment of all arrears of taxes and costs at any time prior to the sale.
Dated at Hanna, Alberta, August 15, 2005.
Jay Slemp, Chairman, Special Areas Board.
Restructuring and Government Efficiency
Hosting Expenses Exceeding $600.00
For the period April 1, 2005 to June 30, 2005
Function: 3rd Annual Inter-Provincial Shared Services Conference
Date: May 9 to 11, 2005
Amount: $5,730.00
Purpose: Share ideas, explore new approaches, and provide status updates on shared services initiatives in British Columbia, Ontario and Alberta. This is an annual conference hosted on a rotational basis.
Location: Edmonton, Alberta
Safety Codes Council
Agency Accreditation
(Safety Codes Act)
Pursuant to
Section 30 of the Safety Codes Act it is hereby ordered that
- Brands Fire & Safety Consultants., Accreditation No. C000304, Order No. O00001545, August 9, 2005
______________
Pursuant to
Section 30 of the Safety Codes Act it is hereby ordered that
- Accucode Inspections Ltd., Accreditation No. A000298, Order No. O00001544, August 2, 2005
______________
Pursuant to
Section 30 of the Safety Codes Act it is hereby ordered that
- Accucode Inspections Ltd., Accreditation No. A000298, Order No. O00001543, August 2, 2005
______________
Pursuant to
Section 30 of the Safety Codes Act it is hereby ordered that
- Accucode Inspections Ltd., Accreditation No. A000298, Order No. O00001542, August 2, 2005
______________
Pursuant to
Section 30 of the Safety Codes Act it is hereby ordered that
- Accurate Safety Codes Inspections Ltd., Accreditation No. C000305, Order No. O00001549, August 9, 2005
______________
Pursuant to
Section 30 of the Safety Codes Act it is hereby ordered that
- Accurate Safety Codes Inspections Ltd., Accreditation No. C000305, Order No. O00001548, August 9, 2005
______________
Pursuant to
Section 30 of the Safety Codes Act it is hereby ordered that
- Accurate Safety Codes Inspections Ltd., Accreditation No. C000305, Order No. O00001547, August 9, 2005
______________
Pursuant to
Section 30 of the Safety Codes Act it is hereby ordered that
- Accurate Safety Codes Inspections Ltd., Accreditation No. C000305, Order No. O00001546, August 9, 2005
______________
Amendment of Agency Accreditation
(Safety Codes Act)
Pursuant to
Section 30 of the Safety Codes Act it is hereby ordered that
- Accucode Inspections Ltd., Accreditation No. A000298, Order No. O00001498, August 2, 2005
Alberta Securities Commission
National Instrument 45-106 Prospectus and Registration Exemptions
Form 45-106F1 Report of Exempt Distribution
Form 45-106F2 Offering Memorandum for Non-qualifying Issuers
Form 45-106F3 Offering Memorandum for Qualifying Issuers
Form 45-106F4 Risk Acknowledgement
Form 45-106F5 Risk Acknowledgement, Saskatchewan Close Personal Friends and Close Business Associates
(Effective September 14, 2005)
(Securities Act)
Made as a rule by the Alberta Securities Commission on June 8, 2005 pursuant to sections 223 and 224 of the Securities Act.
NATIONAL INSTRUMENT 45-106
PROSPECTUS AND REGISTRATION EXEMPTIONS
Text boxes in this Instrument refer to National Instrument 45-102 Resale of Securities. These text boxes are located above sections 2.1 to 2.5, 2.7 to 2.21, 2.24 to 2.27, and 2.30 to 2.42. These text boxes do not form part of this Instrument.
Table of Contents
PART 1:
DEFINITIONS AND
INTERPRETATION
1.1
Definitions
1.2 Affiliate
1.3 Control
1.4 Registration requirement
1.5 Definition of distribution - Manitoba and Yukon
1.6 Definition of trade - Qu‚bec
PART 2: PROSPECTUS AND REGISTRATION EXEMPTIONS
Division 1: Capital Raising Exemptions
2.1 Rights offering
2.2 Reinvestment plan
2.3 Accredited investor
2.4 Private issuer
2.5 Family, friends and business associates
2.6 Family, friends and business associates - Saskatchewan
2.7 Founder, control person and family- Ontario
2.8 Affiliates
2.9 Offering memorandum
2.10 Minimum amount investment
Division 2: Transaction Exemptions
2.11 Business combination and reorganization
2.12 Asset acquisition
2.13 Petroleum, natural gas and mining properties
2.14 Securities for debt
2.15 Issuer acquisition or redemption
2.16 Take-over bid and issuer bid
2.17 Offer to acquire to security holder outside local jurisdiction
Division 3: Investment Fund Exemptions
2.18 Investment fund reinvestment
2.19 Additional investment in investment funds
2.20 Private investment club
2.21 Private investment fund - loan and trust pools
Division 4: Employee, Executive Officer, Director and Consultant Exemptions
2.22
Definitions
2.23
Interpretation
2.24 Employee, executive officer, director and consultant
2.25 Unlisted reporting issuer exception
2.26 Trades among current or former employees, executive officers, directors, or consultants of non-reporting issuer
2.27 Permitted transferees
2.28 Resale - non-reporting issuer
2.29 Issuer bid
Division 5: Miscellaneous Exemptions
2.30 Isolated trade by issuer
2.31 Dividends and distributions
2.32 Trade to lender by control person for collateral
2.33 Acting as underwriter
2.34 Guaranteed debt
2.35 Short-term debt
2.36 Mortgages
2.37 Personal Property Security Act
2.38 Not for profit issuer
2.39 Variable insurance contract
2.40 RRSP/RRIF
2.41
Schedule III banks and cooperative associations - evidence of deposit
2.42 Conversion, exchange, or exercise
2.43 Removal of exemptions - market intermediaries
PART 3: REGISTRATION ONLY EXEMPTIONS
3.1 Registered dealer
3.2 Exchange contract
3.3 Isolated trade
3.4 Estates, bankruptcies, and liquidations
3.5 Employees of registered dealer
3.6 Small security holder selling and purchase arrangements
3.7 Adviser
3.8 Investment dealer acting as portfolio manager
3.9 Removal of exemptions - market intermediaries
PART 4: CONTROL BLOCK DISTRIBUTIONS
4.1 Control block distributions
4.2 Trades by a control person after a take-over bid
PART 5: OFFERINGS BY TSX VENTURE EXCHANGE OFFERING DOCUMENT
5.1 Application and
interpretation
5.2 TSX Venture Exchange offering
5.3 Underwriter obligations
PART 6: REPORTING REQUIREMENTS
6.1 Report of exempt distribution
6.2 When report not required
6.3 Required form of report of exempt distribution
6.4 Required form of offering memorandum
6.5 Required form of risk acknowledgement
6.6 Required forms in British Columbia
PART 7: EXEMPTION
7.1 Exemption
PART 8: TRANSITIONAL, COMING INTO FORCE
8.1 Additional investment - investment funds
8.2 Definition of "accredited investor" - investment fund
8.3 Transition - MI 45-103/MI 45-105/ OSC Rule 45-501
8.4 Transition - Closely-held issuer
8.5 Coming into force
APPENDIX A - VARIABLE INSURANCE CONTRACT EXEMPTION
APPENDIX B - CONTROL BLOCK DISTRIBUTION
NATIONAL INSTRUMENT 45-106
PROSPECTUS AND REGISTRATION EXEMPTIONS
PART 1:
DEFINITIONS AND
INTERPRETATION
Definitions
1.1 In this Instrument
"accredited investor" means
(
a) a Canadian financial institution, or a
Schedule III bank,
(
b) the Business Development Bank of Canada incorporated under the Business Development Bank of Canada Act (Canada),
(
c) a subsidiary of any person referred to in paragraphs (
a) or (b), if the person owns all of the voting securities of the subsidiary, except the voting securities required by law to be owned by directors of that subsidiary,
(
d) a person registered under the securities legislation of a jurisdiction of Canada as an adviser or dealer, other than a person registered solely as a limited market dealer under one or both of the Securities Act (Ontario) or the Securities Act (Newfoundland and Labrador),
(
e) an individual registered or formerly registered under the securities legislation of a jurisdiction of Canada as a representative of a person referred to in paragraph (d),
(
g) a municipality, public board or commission in Canada and a metropolitan community, school board, the Comit‚ de gestion de la taxe scolaire de l'Œle de Montr‚al or an intermunicipal management board in Qu‚bec;
(
h) any national, federal, state, provincial, territorial or municipal government of or in any foreign jurisdiction, or any agency of that government,
(
i) a pension fund that is regulated by either the Office of the Superintendent of Financial Institutions (Canada) or a pension commission or similar regulatory authority of a jurisdiction of Canada,
(
j) an individual who, either alone or with a spouse, beneficially owns, directly or indirectly, financial assets having an aggregate realizable value that before taxes, but net of any related liabilities, exceeds $1 000 000,
(
k) an individual whose net income before taxes exceeded $200 000 in each of the 2 most recent calendar years or whose net income before taxes combined with that of a spouse exceeded $300 000 in each of the 2 most recent calendar years and who, in either case, reasonably expects to exceed that net income level in the current calendar year,
(
l) an individual who, either alone or with a spouse, has net assets of at least $5 000 000,
(
m) a person, other than an individual or investment fund, that has net assets of at least $5 000 000 as shown on its most recently prepared financial statements,
(
n) an investment fund that distributes or has distributed its securities only to
(
i) a person that is or was an accredited investor at the time of the distribution,
(ii) a person that acquires or acquired securities in the circumstances referred to in sections 2.10 [Minimum amount investment], and 2.19 [Additional investment in investment funds], or
(iii) a person described in paragraph (
i) or (ii) that acquires or acquired securities under
section 2.18 [Investment fund reinvestment],
(
o) an investment fund that distributes or has distributed securities under a prospectus in a jurisdiction of Canada for which the regulator or, in Qu‚bec, the securities regulatory authority, has issued a receipt,
(
p) a trust company or trust corporation registered or authorized to carry on business under the Trust and Loan Companies Act (Canada) or under comparable legislation in a jurisdiction of Canada or a foreign jurisdiction, acting on behalf of a fully managed account managed by the trust company or trust corporation, as the case may be,
(
q) a person acting on behalf of a fully managed account managed by that person, if that person
(
i) is registered or authorized to carry on business as an adviser or the equivalent under the securities legislation of a jurisdiction of Canada or a foreign jurisdiction, and
(ii) in Ontario, is purchasing a security that is not a security of an investment fund;
(
r) a registered charity under the Income Tax Act (Canada) that, in regard to the trade, has obtained advice from an eligibility adviser or an adviser registered under the securities legislation of the jurisdiction of the registered charity to give advice on the securities being traded,
(
s) an entity organized in a foreign jurisdiction that is analogous to any of the entities referred to in paragraphs (
a) to (
d) or paragraph (
i) in form and function,
(
t) a person in respect of which all of the owners of interests, direct, indirect or beneficial, except the voting securities required by law to be owned by directors, are persons that are accredited investors,
(
u) an investment fund that is advised by a person registered as an adviser or a person that is exempt from registration as an adviser, or
(
v) a person that is recognized or designated by the securities regulatory authority or, except in Ontario and Qu‚bec, the regulator as
(
i) an accredited investor, or
(ii) an exempt purchaser in Alberta or British Columbia after this Instrument comes into force;
"AIF" means
(
a) for financial years starting before January 1, 2004, a current AIF as defined in Multilateral Instrument 45-102 Resale of Securities that came into force on November 30, 2001, and
(
b) for financial years starting on or after January 1, 2004,
(
i) an AIF as defined in NI 51-102,
(ii) a prospectus filed in a jurisdiction, other than a prospectus filed under a CPC instrument, if the issuer has not filed or been required to file an AIF or annual financial statements under NI 51-102, or
(iii) a QT circular if the issuer has not filed or been required to file annual financial statements under NI 51-102 subsequent to filing its QT circular;
"approved credit rating" has the same meaning as in National Instrument 81-102 Mutual Funds;
"approved credit rating organization" has the same meaning as in National Instrument 81-102 Mutual Funds;
"bank" means a bank named in
Schedule I or II of the Bank Act (Canada);
"Canadian financial institution" means
(
a) an association governed by the Cooperative Credit Associations Act (Canada) or a central cooperative credit society for which an order has been made under
section 473(1) of that Act, or
(
b) a bank, loan corporation, trust company, trust corporation, insurance company, treasury branch, credit union, caisse populaire, financial services cooperative, or league that, in each case, is authorized by an enactment of Canada or a jurisdiction of Canada to carry on business in Canada or a jurisdiction of Canada;
"control person" has the same meaning as in securities legislation except in Manitoba, Newfoundland and Labrador, Northwest Territories, Nova Scotia, Nunavut, Ontario, Prince Edward Island and Qu‚bec where control person means any person that holds or is one of a combination of persons that holds
(
a) a sufficient number of any of the securities of an issuer so as to affect materially the control of the issuer, or
(
b) more than 20% of the outstanding voting securities of an issuer except where there is evidence showing that the holding of those securities does not affect materially the control of the issuer;
"CPC instrument" means a rule or regulation of a jurisdiction of Canada or a rule, regulation or policy of an exchange in Canada that applies only to capital pool companies;
"debt security" means any bond, debenture, note or similar instrument representing indebtedness, whether secured or unsecured;
"director" means
(
a) a member of the board of directors of a company or an individual who performs similar functions for a company, and
(
b) with respect to a person that is not a company, an individual who performs functions similar to those of a director of a company;
"eligibility adviser" means
(
a) a person that is registered as an investment dealer or in an equivalent category of registration under the securities legislation of the jurisdiction of a purchaser and authorized to give advice with respect to the type of security being distributed, and
(
b) in Saskatchewan or Manitoba, also means a lawyer who is a practicing member in good standing with a law society of a jurisdiction of Canada or a public accountant who is a member in good standing of an institute or association of chartered accountants, certified general accountants or certified management accountants in a jurisdiction of Canada provided that the lawyer or public accountant must not
(
i) have a professional, business or personal relationship with the issuer, or any of its directors, executive officers, founders, or control persons, and
(ii) have acted for or been retained personally or otherwise as an employee, executive officer, director, associate or partner of a person that has acted for or been retained by the issuer or any of its directors, executive officers, founders or control persons within the previous 12 months;
"eligible investor" means
(
a) a person whose
(
i) net assets, alone or with a spouse, in the case of an individual, exceed $400 000,
(ii) net income before taxes exceeded $75 000 in each of the 2 most recent calendar years and who reasonably expects to exceed that income level in the current calendar year, or
(iii) net income before taxes, alone or with a spouse, in the case of an individual, exceeded $125 000 in each of the 2 most recent calendar years and who reasonably expects to exceed that income level in the current calendar year,
(
b) a person of which a majority of the voting securities are beneficially owned by eligible investors or a majority of the directors are eligible investors,
(
c) a general partnership of which all of the partners are eligible investors,
(
d) a limited partnership of which the majority of the general partners are eligible investors,
(
e) a trust or estate in which all of the beneficiaries or a majority of the trustees or executors are eligible investors,
(
f) an accredited investor,
(
g) a person described in
section 2.5 [Family, friends and business associates], or
(
h) a person that has obtained advice regarding the suitability of the investment and, if the person is resident in a jurisdiction of Canada, that advice has been obtained from an eligibility adviser;
"executive officer" means, for an issuer, an individual who is
(
a) a chair, vice-chair or president,
(
b) a vice-president in charge of a principal business unit, division or function including sales, finance or production,
(
c) an officer of the issuer or any of its subsidiaries and who performs a policy-making function in respect of the issuer, or
(
d) performing a policy-making function in respect of the issuer;
"financial assets" means
(
a) cash,
(
b) securities, or
(
c) a contract of insurance, a deposit or an evidence of a deposit that is not a security for the purposes of securities legislation;
"founder" means, in respect of an issuer, a person who,
(
a) acting alone, in conjunction, or in concert with one or more persons, directly or indirectly, takes the initiative in founding, organizing or substantially reorganizing the business of the issuer, and
(
b) at the time of the trade is actively involved in the business of the issuer;
"fully managed account" means an account of a client for which a person makes the investment decisions if that person has full discretion to trade in securities for the account without requiring the client's express consent to a transaction;
"investment fund" has the same meaning as in National Instrument 81-106 Investment Fund Continuous Disclosure;
"marketplace" has the same meaning as in National Instrument 21-101 Marketplace Operation;
"MD&A" has the same meaning as in NI 51-102;
"NI 45-102" means National Instrument 45-102 Resale of Securities;
"NI 51-102" means National Instrument 51-102 Continuous Disclosure Obligations;
"non-redeemable investment fund" has the same meaning as in National Instrument 81-106 Investment Fund Continuous Disclosure;
"person" includes
(
a) an individual,
(
b) a corporation,
(
c) a partnership, trust, fund and an association, syndicate, organization or other organized group of persons, whether incorporated or not, and
(
d) an individual or other person in that person's capacity as a trustee, executor, administrator or personal or other legal representative;
"QT circular" means an information circular or filing statement in respect of a qualifying transaction for a capital pool company under a CPC instrument;
"qualifying issuer" means a reporting issuer in a jurisdiction of Canada that
(
a) is a SEDAR filer,
(
b) has filed all documents required to be filed under the securities legislation of that jurisdiction, and
(
c) if not required to file an AIF, has filed in the jurisdiction,
(
i) an AIF for its most recently completed financial year for which annual statements are required to be filed, and
(ii) copies of all material incorporated by reference in the AIF not previously filed;
"related liabilities" means
(
a) liabilities incurred or assumed for the purpose of financing the acquisition or ownership of financial assets, or
(
b) liabilities that are secured by financial assets;
"reporting issuer" means, in Northwest Territories, Nunavut and Prince Edward Island, an issuer that is a reporting issuer in a jurisdiction of Canada;
"RRIF" means a registered retirement income fund as defined in the Income Tax Act (Canada);
"RRSP" means a registered retirement savings plan as defined in the Income Tax Act (Canada);
"Schedule III bank" means an authorized foreign bank named in
Schedule III of the Bank Act (Canada);
"SEDAR filer" means an issuer that is an electronic filer under National Instrument 13-101 System for Electronic Document Analysis and Retrieval (SEDAR);
"spouse" means, an individual who,
(
a) is married to another individual and is not living separate and apart within the meaning of the Divorce Act (Canada), from the other individual,
(
b) is living with another individual in a marriage-like relationship, including a marriage-like relationship between individuals of the same gender, or
(
c) in Alberta, is an individual referred to in paragraph (
a) or (b), or is an adult interdependent partner within the meaning of the Adult Interdependent Relationships Act (Alberta);
"subsidiary" means an issuer that is controlled directly or indirectly by another issuer and includes a subsidiary of that subsidiary.
Affiliate
1.2 For the purpose of this Instrument, an issuer is an affiliate of another issuer if
(
a) one of them is the subsidiary of the other, or
(
b) each of them is controlled by the same person.
Control
1.3 Except in
Part 2, Division 4, for the purpose of this Instrument, a person (first person) is considered to control another person (second person) if
(
a) the first person, directly or indirectly, beneficially owns or exercises control or direction over securities of the second person carrying votes which, if exercised, would entitle the first person to elect a majority of the directors of the second person, unless that first person holds the voting securities only to secure an obligation,
(
b) the second person is a partnership, other than a limited partnership, and the first person holds more than 50% of the interests of the partnership, or
(
c) the second person is a limited partnership and the general partner of the limited partnership is the first person.
Registration requirement
1.4
(1) An exemption from the dealer registration requirement or from the prospectus requirement that refers to a registered dealer is only available for a trade in a security if the dealer is registered in a category that permits the trade described in the exemption.
(2) An exemption from the dealer registration requirement is deemed to be an exemption from the underwriter registration requirement.
Definition of distribution - Manitoba and Yukon
1.5 For the purpose of this Instrument, in Manitoba and Yukon, "distribution" means a primary distribution to the public.
Definition of trade - Qu‚bec
1.6 For the purpose of this Instrument, in Qu‚bec, "trade" includes any of the following activities:
(
a) any of the activities referred to in the definition of "dealer" in
section 5 of the Securities Act (Qu‚bec);
(
b) the sale or disposition of a security for valuable consideration, whether the terms of payment are on margin, installment or otherwise, but does not include,
(
i) except as provided in paragraph (e), a transfer, pledge or encumbrance of securities for the purpose of giving collateral for a debt made in good faith, or
(ii) the purchase of a security;
(
c) participation as a trader in any transaction in a security through the facilities of an exchange or a quotation and trade reporting system;
(
d) receipt by a registrant of an order to buy or sell a security;
(
e) a transfer, pledge or encumbrancing of securities of an issuer from the holdings of a control person for the purpose of giving collateral for a debt made in good faith;
(
f) entering into a derivative;
(
g) any activity, advertisement, solicitation, conduct or negotiation directly or indirectly in furtherance of any of the activities referred to in paragraphs (
a) to (f).
PART 2: PROSPECTUS AND REGISTRATION EXEMPTIONS
Division 1: Capital Raising Exemptions
Rights offering
Refer to Appendix E of NI 45-102 Resale of Securities. First trades are subject to a seasoning period on resale.
2.1(1) The dealer registration requirement does not apply in respect of a trade by an issuer in a right granted by the issuer to purchase a security of its own issue to a security holder of the issuer if
(
a) the issuer has given the regulator or, in Qu‚bec, the securities regulatory authority, prior written notice stating the date, amount, nature and conditions of the trade, including the approximate net proceeds to be derived by the issuer on the basis of the additional securities being fully taken up,
(
b) except in British Columbia, the regulator or, in Qu‚bec, the securities regulatory authority, has not objected in writing to the trade within 10 days of receipt of the notice referred to in paragraph (
a) or, if the regulator or securities regulatory authority objects to the trade, the issuer has delivered to the regulator or securities regulatory authority information relating to the securities that is satisfactory to and accepted by the regulator or securities regulatory authority, and
(
c) the issuer has complied with the applicable requirements of National Instrument 45-101 Rights Offerings.
(2) The prospectus requirement does not apply to a distribution of a security in the circumstances referred to in subsection (1).
Reinvestment plan
Refer to Appendix E of NI 45-102 Resale of Securities. First trades are subject to a seasoning period on resale.
2.2
(1) Subject to subsections (3) and (5), the dealer registration requirement does not apply in respect of the following trades by an issuer, or by a trustee, custodian or administrator acting for or on behalf of the issuer, to a security holder of the issuer if the trades are permitted by a plan of the issuer:
(
a) a trade in a security of the issuer's own issue if dividends or distributions out of earnings, surplus, capital or other sources payable in respect of the issuer's securities are applied to the purchase of the security that is of the same class or series as the securities to which the dividends or distributions out of earnings, surplus, capital or other sources is attributable, and
(
b) subject to subsection (2), a trade in a security of the issuer's own issue if the security holder makes optional cash payments to purchase the security of the issuer that is of the same class or series of securities described in paragraph (
a) that trade on a marketplace.
(2) The aggregate number of securities issued under the optional cash payment referred to in subsection (1)(
b) must not exceed, in any financial year of the issuer during which the trade takes place, 2% of the issued and outstanding securities of the class to which the plan relates as at the beginning of the financial year.
(3) A plan that permits the trades described in subsection (1) must be available to every security holder in Canada to which the dividend or distribution is available.
(4) Subject to subsections (3) and (5), the prospectus requirement does not apply to a distribution of a security in the circumstances referred to in subsection (1).
(5) This
section does not apply to a trade in a security of an investment fund.
Accredited investor
Refer to Appendix D of NI 45-102 Resale of Securities. First trades are subject to a restricted period on resale.
2.3
(1) The dealer registration requirement does not apply in respect of a trade in a security if the purchaser purchases the security as principal and is an accredited investor.
(2) The prospectus requirement does not apply to a distribution of a security in the circumstances referred to in subsection (1).
(3) Subject to subsection (4), for the purpose of this section, a trust company or trust corporation described in paragraph (
p) of the definition of "accredited investor" in
section 1.1 [Definitions] is deemed to be purchasing as principal.
(4) Subsection (3) does not apply to a trust company or trust corporation registered under the laws of Prince Edward Island that is not registered or authorized under the Trust and Loan Companies Act (Canada) or under comparable legislation in another jurisdiction of Canada.
(5) For the purpose of this section, a person described in paragraph (
q) of the definition of "accredited investor" in
section 1.1 [Definitions] is deemed to be purchasing as principal.
(6) This
section does not apply to a trade in a security to a person if that person is created or used solely to purchase or hold securities as an accredited investor as described in paragraph (
m) of the definition of "accredited investor" in
section 1.1 [Definitions].
Private issuer
Refer to Appendix E of NI 45-102 Resale of Securities. First trades are subject to a seasoning period on resale.
2.4
(1) In this section, "private issuer" means an issuer
(
a) that is not a reporting issuer or an investment fund,
(
b) whose securities, other than non-convertible debt securities,
(
i) are subject to restrictions on transfer that are contained in the issuer's constating documents or security holders' agreements, and
(ii) are beneficially owned, directly or indirectly, by not more than 50 persons, not including employees and former employees of the issuer or its affiliates, provided that each person is counted as one beneficial owner unless the person is created or used solely to purchase or hold securities of the issuer in which case each beneficial owner or each beneficiary of the person, as the case may be, must be counted as a separate beneficial owner, and
(
c) that has distributed securities only to persons described in this section.
(2) The dealer registration requirement does not apply in respect of a trade in a security of a private issuer to a person who purchases the security as principal and is
(
a) a director, officer, employee, founder or control person of the issuer,
(
b) a spouse, parent, grandparent, brother, sister or child of a director, executive officer, founder or control person of the issuer,
(
c) a parent, grandparent, brother, sister or child of the spouse of a director, executive officer, founder or control person of the issuer,
(
d) a close personal friend of a director, executive officer, founder or control person of the issuer,
(
e) a close business associate of a director, executive officer, founder or control person of the issuer,
(
f) a spouse, parent, grandparent, brother, sister or child of the selling security holder or of the selling security holder's spouse,
(
g) a security holder of the issuer,
(
h) an accredited investor,
(
i) a person of which a majority of the voting securities are beneficially owned by, or a majority of the directors are, persons described in paragraphs (
a) to (h),
(
j) a trust or estate of which all of the beneficiaries or a majority of the trustees or executors are persons described in paragraphs (
a) to (h), or
(
k) a person that is not the public.
(3) The prospectus requirement does not apply to a distribution of a security in the circumstances referred to in subsection (2).
(4) Except for a trade to an accredited investor, no commission or finder's fee may be paid to any director, officer, founder or control person of an issuer in connection with a trade under subsection (2) or (3).
Family, friends and business associates
Refer to Appendix D of NI 45-102 Resale of Securities. First trades are subject to a restricted period on resale.
2.5
(1) Except in Ontario and subject to
section 2.6 [Family, friends and business associates - Saskatchewan], the dealer registration requirement does not apply in respect of a trade in a security to a person who purchases the security as principal and is
(
a) a director, executive officer or control person of the issuer, or of an affiliate of the issuer,
(
b) a spouse, parent, grandparent, brother, sister or child of a director, executive officer or control person of the issuer, or of an affiliate of the issuer,
(
c) a parent, grandparent, brother, sister or child of the spouse of a director, executive officer or control person of the issuer or of an affiliate of the issuer,
(
d) a close personal friend of a director, executive officer or control person of the issuer, or of an affiliate of the issuer,
(
e) a close business associate of a director, executive officer or control person of the issuer, or of an affiliate of the issuer,
(
f) a founder of the issuer or a spouse, parent, grandparent, brother, sister, child, close personal friend or close business associate of a founder of the issuer,
(
g) a parent, grandparent, brother, sister or child of a spouse of a founder of the issuer,
(
h) a person of which a majority of the voting securities are beneficially owned by, or a majority of the directors are, persons described in paragraphs (
a) to (g), or
(
i) a trust or estate of which all of the beneficiaries or a majority of the trustees or executors are persons described in paragraphs (
a) to (g).
(2) Except in Ontario and subject to
section 2.6 [Family, friends and business associates - Saskatchewan], the prospectus requirement does not apply to a distribution of a security in the circumstances referred to in subsection (1).
(3) No commission or finder's fee may be paid to any director, officer, founder, or control person of an issuer or an affiliate of the issuer in connection with a trade under subsection (1) or (2).
Family, friends and business associates - Saskatchewan
2.6
(1) In Saskatchewan,
section 2.5 [Family, friends and business associates] does not apply unless the person making the trade obtains a signed risk acknowledgement from the purchaser in the required form for a trade to
(
a) a person described in
section 2.5(1) (
d) or (e) [Family, friends and business associates],
(
b) a close personal friend or close business associate of a founder of the issuer, or
(
c) a person described in
section 2.5(1)(
h) or (i) [Family, friends and business associates] if the trade is based in whole or in part on a close personal friendship or close business association.
(2) The person making the trade must retain the required form referred to in subsection (1) for 8 years after the trade.
Founder, control person and family- Ontario
Refer to Appendix D of NI 45-102 Resale of Securities. First trades are subject to a restricted period on resale.
2.7
(1) In Ontario, the dealer registration requirement does not apply in respect of a trade in a security to a person who purchases the security as principal and is
(
a) a founder of the issuer,
(
b) an affiliate of a founder of the issuer,
(
c) a spouse, parent, brother, sister, grandparent or child of an executive officer, director or founder of the issuer, or
(
d) a person that is a control person of the issuer.
(2) In Ontario, the prospectus requirement does not apply to a distribution of a security in the circumstances referred to in subsection (1).
Affiliates
Refer to Appendix D of NI 45-102 Resale of Securities. First trades are subject to a restricted period on resale.
2.8
(1) The dealer registration requirement does not apply in respect of a trade by an issuer in a security of its own issue to an affiliate of the issuer that is purchasing as principal.
(2) The prospectus requirement does not apply to a distribution of a security in the circumstances referred to in subsection (1).
Offering memorandum
Refer to Appendix D of NI 45-102 Resale of Securities. First trades are subject to a restricted period on resale.
2.9
(1) In British Columbia, New Brunswick, Nova Scotia and Newfoundland and Labrador, the dealer registration requirement does not apply in respect of a trade by an issuer in a security of its own issue to a purchaser if
(
a) the purchaser purchases the security as principal, and
(
b) at the same time or before the purchaser signs the agreement to purchase the security, the issuer
(
i) delivers an offering memorandum to the purchaser in compliance with subsections (7) to (13), and
(ii) obtains a signed risk acknowledgement from the purchaser in compliance with subsection (14).
(2) In Alberta, Manitoba, Northwest Territories, Nunavut, Prince Edward Island, Qu‚bec and Saskatchewan, the dealer registration requirement does not apply in respect of a trade by an issuer in a security of its own issue to a purchaser if
(
a) the purchaser purchases the security as principal,
(
b) the purchaser is an eligible investor or the acquisition cost to the purchaser does not exceed $10 000,
(
c) at the same time or before the purchaser signs the agreement to purchase the security, the issuer
(
i) delivers an offering memorandum to the purchaser in compliance with subsections (7) to (13), and
(ii) obtains a signed risk acknowledgement from the purchaser in compliance with subsection (14),
and
(
d) if the issuer is an investment fund, the investment fund is
(
i) a non-redeemable investment fund, or
(ii) a mutual fund that is
(
A) a reporting issuer, and
(
B) in Manitoba, Qu‚bec and Saskatchewan, is an issuer listed for trading on an exchange or quoted on an over-the-counter market.
(3) In British Columbia, New Brunswick, Nova Scotia and Newfoundland and Labrador, the prospectus requirement does not apply to a distribution of a security in the circumstances referred to in subsection (1).
(4) In Alberta, Manitoba, Northwest Territories, Nunavut, Prince Edward Island, Qu‚bec and Saskatchewan, the prospectus requirement does not apply to a distribution of a security in the circumstances referred to in subsection (2).
(5) In Alberta, Manitoba, Northwest Territories, Nunavut, Prince Edward Island, Qu‚bec and Saskatchewan, this
section does not apply to a trade in a security to a person described in paragraph (
a) of the definition of "eligible investor" in
section 1.1 [Definitions] if that person is created or used solely to purchase or hold securities in reliance on an exemption from the dealer registration requirement or the prospectus requirement set out in subsections (2) and (4).
(6) No commission or finder's fee may be paid to any person, other than a registered dealer, in connection with a trade to a purchaser in
(
a) Northwest Territories, Nunavut and Saskatchewan under subsections (2) and (4), or
(
b) New Brunswick under subsections (1) and (3).
(7) An offering memorandum delivered under this
section must be in the required form.
(8) If the securities legislation where the purchaser is resident does not provide a comparable right, an offering memorandum delivered under this
section must provide the purchaser with a contractual right to cancel the agreement to purchase the security by delivering a notice to the issuer not later than midnight on the 2nd business day after the purchaser signs the agreement to purchase the security.
(9) If the securities legislation where the purchaser is resident does not provide statutory rights of action in the event of a misrepresentation in an offering memorandum delivered under this section, the offering memorandum must contain a contractual right of action against the issuer for rescission or damages that
(
a) is available to the purchaser if the offering memorandum, or any information or documents incorporated or deemed to be incorporated by reference into the offering memorandum, contains a misrepresentation, without regard to whether the purchaser relied on the misrepresentation,
(
b) is enforceable by the purchaser delivering a notice to the issuer
(
i) in the case of an action for rescission, within 180 days after the purchaser signs the agreement to purchase the security, or
(ii) in the case of an action for damages, before the earlier of
A) 180 days after the purchaser first has knowledge of the facts giving rise to the cause of action, or
B) 3 years after the date the purchaser signs the agreement to purchase the security,
(
c) is subject to the defence that the purchaser had knowledge of the misrepresentation,
(
d) in the case of an action for damages, provides that the amount recoverable
(
i) must not exceed the price at which the security was offered, and
(ii) does not include all or any part of the damages that the issuer proves does not represent the depreciation in value of the security resulting from the misrepresentation, and
(
e) is in addition to, and does not detract from, any other right of the purchaser.
(10) An offering memorandum delivered under this
section must contain a certificate that states the following:
"This offering memorandum does not contain a misrepresentation."
(11) A certificate under subsection (10) must be signed
(
a) by the issuer's chief executive officer and chief financial officer or, if the issuer does not have a chief executive officer or chief financial officer, a person acting in that capacity,
(
b) on behalf of the directors of the issuer,
(
i) by any 2 directors who are authorized to sign, other than the persons referred to in paragraph (a), or
(ii) by all the directors of the issuer, and
(
c) by each promoter of the issuer.
(12) A certificate under subsection (10) must be true
(
a) at the date the certificate is signed, and
(
b) at the date the offering memorandum is delivered to the purchaser.
(13) If a certificate under subsection (10) ceases to be true after it is delivered to the purchaser, the issuer cannot accept an agreement to purchase the security from the purchaser unless
(
a) the purchaser receives an update of the offering memorandum,
(
b) the update of the offering memorandum contains a newly dated certificate signed in compliance with subsection (11), and
(
c) the purchaser re-signs the agreement to purchase the security.
(14) A risk acknowledgement under subsection (1), (2), (3) or (4) must be in the required form and an issuer relying on subsection (1), (2) (3) or (4) must retain the signed risk acknowledgment for 8 years after the distribution.
(15) The issuer must
(
a) hold in trust all consideration received from the purchaser in connection with a trade in a security under subsection (1), (2), (3) or (4) until midnight on the 2nd business day after the purchaser signs the agreement to purchase the security, and
(
b) return all consideration to the purchaser promptly if the purchaser exercises the right to cancel the agreement to purchase the security described under subsection (8).
(16) The issuer must file a copy of an offering memorandum delivered under this
section and any update of a previously filed offering memorandum with the securities regulatory authority on or before the 10th day after the distribution under the offering memorandum or update of the offering memorandum.
(17) If a qualifying issuer uses a form of offering memorandum that allows the qualifying issuer to incorporate previously filed information into the offering memorandum by reference, the qualifying issuer is exempt from the requirement under National Instrument 43-101 Standards of Disclosure for Mineral Projects to file a technical report to support scientific or technical information about the qualifying issuer's mineral project in the offering memorandum or incorporated by reference into the offering memorandum if the information about the mineral project is contained in a previously filed technical report under National Instrument 43-101 Standards of Disclosure for Mineral Projects.
Minimum amount investment
Refer to Appendix D of NI 45-102 Resale of Securities. First trades are subject to a restricted period on resale.
2.10
(1) The dealer registration requirement does not apply in respect of a trade in a security to a person if
(
a) that person purchases as principal,
(
b) the security has an acquisition cost to the purchaser of not less than $150 000 paid in cash at the time of the trade, and
(
c) the trade is in a security of a single issuer.
(2) The prospectus requirement does not apply to a distribution of a security in the circumstances referred to in subsection (1).
(3) This
section does not apply to a trade in a security to a person if that person is created or used solely to purchase or hold securities in reliance on this exemption from the dealer registration requirement or the prospectus requirement.
Division 2: Transaction Exemptions
Business combination and reorganization
Refer to Appendix E of NI 45-102 Resale of Securities. First trades are subject to a seasoning period on resale.
2.11
(1) The dealer registration requirement does not apply in respect of a trade in a security in connection with
(
a) an amalgamation, merger, reorganization or arrangement that is under a statutory procedure,
(
b) an amalgamation, merger, reorganization or arrangement that
(
i) is described in an information circular made pursuant to NI 51-102 or in a similar disclosure record and the information circular or similar disclosure record is delivered to each security holder whose approval of the amalgamation, merger, reorganization or arrangement is required before it can proceed, and
(ii) is approved by the security holders referred to in subparagraph (i),
(
c) a dissolution or winding-up of the issuer.
(2) The prospectus requirement does not apply to a distribution of a security in the circumstances referred to in subsection (1).
Asset acquisition
Refer to Appendix D of NI 45-102 Resale of Securities. First trades are subject to a restricted period on resale.
2.12
(1) The dealer registration requirement does not apply in respect of a trade by an issuer in a security of its own issue to a person as consideration for the assets of the person, if those assets have a fair value of not less than $150 000.
(2) The prospectus requirement does not apply to a distribution of a security in the circumstances referred to in subsection (1).
Petroleum, natural gas and mining properties
Refer to Appendix D of NI 45-102 Resale of Securities. First trades are subject to a restricted period on resale.
2.13
(1) The dealer registration requirement does not apply in respect of a trade by an issuer in a security of its own issue as consideration for the acquisition of petroleum, natural gas or mining properties or any interest in them.
(2) The prospectus requirement does not apply to a distribution of a security in the circumstances referred to in subsection (1).
Securities for debt
Refer to Appendix D of NI 45-102 Resale of Securities. First trades are subject to a restricted period on resale.
2.14
(1) The dealer registration requirement does not apply in respect of a trade by a reporting issuer in a security of its own issue to a creditor to settle a bona fide debt of that reporting issuer.
(2) The prospectus requirement does not apply to a distribution of a security in the circumstances referred to in subsection (1).
Issuer acquisition or redemption
This provision will not be cited in any Appendix of NI 45-102 Resale of Securities.
2.15
(1) The dealer registration requirement does not apply in respect of a trade in a security to the issuer of the security.
(2) The prospectus requirement does not apply to a distribution of a security in the circumstances referred to in subsection (1).
Take-over bid and issuer bid
Refer to
section 2.11 or Appendix E of NI 45-102 Resale of Securities. First trades are subject to a seasoning period on resale unless the requirements of
section 2.11 of NI 45-102 are met.
2.16
(1) The dealer registration requirement does not apply in respect of a trade in a security in connection with a take-over bid or issuer bid.
(2) The prospectus requirement does not apply to a distribution of a security in the circumstances referred to in subsection (1).
Offer to acquire to security holder outside local jurisdiction
Refer to Appendix E of NI 45-102 Resale of Securities. First trades are subject to a seasoning period on resale.
2.17
(1) The dealer registration requirement does not apply in respect of a trade by a security holder outside the local jurisdiction to a person in the local jurisdiction if the trade would have been in connection with a take-over bid or issuer bid made by that person were it not for the fact that the security holder is outside of the local jurisdiction.
(2) The prospectus requirement does not apply to a distribution of a security in the circumstances referred to in subsection (1).
Division 3: Investment Fund Exemptions
Investment fund reinvestment
Refer to Appendix E of NI 45-102 Resale of Securities. First trades are subject to a seasoning period on resale.
2.18
(1) Subject to subsections (3), (4) and (5), the dealer registration requirement does not apply in respect of the following trades by an investment fund to a security holder of the investment fund if the trades are permitted by a plan of the investment fund:
(
a) a trade in a security of the investment fund's own issue if dividends or distributions out of earnings, surplus, capital or other sources payable in respect of the investments fund's securities are applied to the purchase of the security that is of the same class or series as the securities to which the dividends or distributions out of earnings, surplus, capital or other sources are attributable, and
(
b) subject to subsection (2), a trade in a security of the investment fund's own issue if the security holder makes optional cash payments to purchase the security of the investment fund that is of the same class or series of securities described in paragraph (
a) that trade on a marketplace.
(2) The aggregate number of securities issued under the optional cash payment referred to in subsection (1) (
b) must not exceed, in any financial year of the investment fund during which the trade takes place, 2% of the issued and outstanding securities of the class to which the plan relates as at the beginning of the financial year.
(3) A plan that permits the trades described in subsection (1) must be available to every security holder in Canada to which the dividend or distribution is available.
(4) No sales charge is payable on a trade described in subsection (1).
(5) The most recent prospectus of the investment fund, if any, must set out
(
a) details of any deferred or contingent sales charge or redemption fee that is payable at the time of the redemption of the security,
(
b) any right that the security holder has to make an election to receive cash instead of securities on the payment of a dividend or making of a distribution by the investment fund, and
(
c) instructions on how the right referred to in paragraph (
b) can be exercised.
(6) The prospectus requirement does not apply to a distribution of a security in the circumstances referred to in subsection (1).
Additional investment in investment funds
Refer to Appendix D of NI 45-102 Resale of Securities. First trades are subject to a restricted period on resale.
2.19
(1) The dealer registration requirement does not apply in respect of a trade by an investment fund in a security of its own issue to a security holder of the issuer if
(
a) the security holder initially acquired securities of the investment fund as principal for an acquisition cost of not less than $150 000 paid in cash at the time of the trade,
(
b) the subsequent trade is for a security of the same class or series as the initial trade, and
(
c) the security holder, as at the date of the subsequent trade, holds securities of the investment fund that have
(
i) an acquisition cost of not less than $150 000, or
(ii) a net asset value of not less than $150 000.
(2) The prospectus requirement does not apply to a distribution of a security in the circumstances referred to in subsection (1).
Private investment club
Refer to Appendix E of NI 45-102 Resale of Securities. First trades are subject to a seasoning period on resale.
2.20
(1) The dealer registration requirement does not apply in respect of a trade in a security of an investment fund if the investment fund
(
a) has no more than 50 beneficial security holders,
(
b) does not seek and has never sought to borrow money from the public,
(
c) does not and has never distributed its securities to the public,
(
d) does not pay or give any remuneration for investment management or administration advice in respect of trades in securities, except normal brokerage fees, and
(
e) for the purpose of financing the operations of the investment fund, requires security holders to make contributions in proportion to the value of the securities held by them.
(2) The prospectus requirement does not apply to a distribution of a security in the circumstances referred to in subsection (1).
Private investment fund - loan and trust pools
Refer to Appendix E of NI 45-102 Resale of Securities. First trades are subject to a seasoning period on resale.
2.21
(1) The dealer registration requirement does not apply in respect of a trade in a security of an investment fund if the investment fund
(
a) is administered by a trust company or trust corporation that is registered or authorized by an enactment of Canada or a jurisdiction of Canada to carry on business in Canada or a jurisdiction of Canada,
(
b) has no promoter or manager other than the trust company or trust corporation referred to in paragraph (a), and
(
c) co-mingles the money of different estates and trusts for the purpose of facilitating investment.
(2) Despite subsection (1), a trust company or trust corporation registered under the laws of Prince Edward Island that is not registered under the Trust and Loan Companies Act (Canada) or under comparable legislation in another jurisdiction of Canada is not a trust company or trust corporation for the purpose of subsection (1)(a).
(3) Subject to subsection (2), the prospectus requirement does not apply to a distribution of a security in the circumstances referred to in subsection (1).
Division 4: Employee, Executive Officer, Director and Consultant Exemptions
Definitions
2.22 In this Division
"associate", when used to indicate a relationship with a person, means
(
a) an issuer of which the person beneficially owns or controls, directly or indirectly, voting securities entitling the person to more than 10% of the voting rights attached to outstanding voting securities of the issuer,
(
b) any partner of the person,
(
c) any trust or estate in which the person has a substantial beneficial interest or in respect of which the person serves as trustee or executor or in a similar capacity, or
(
d) in the case of an individual, a relative of that individual, including
(
i) a spouse of that individual, or
(ii) a relative of that individual's spouse
if the relative has the same home as that individual;
"associated consultant" means, for an issuer, a consultant of the issuer or of a related entity of the issuer if
(
a) the consultant is an associate of the issuer or of a related entity of the issuer, or
(
b) the issuer or a related entity of the issuer is an associate of the consultant;
"compensation" means an issuance of securities in exchange for services provided or to be provided and includes an issuance of securities for the purpose of providing an incentive;
"consultant" means, for an issuer, a person, other than an employee, executive officer, or director of the issuer or of a related entity of the issuer, that
(
a) is engaged to provide services to the issuer or a related entity of the issuer, other than services provided in relation to a distribution,
(
b) provides the services under a written contract with the issuer or a related entity of the issuer, and
(
c) spends or will spend a significant amount of time and attention on the affairs and business of the issuer or a related entity of the issuer
and includes, for an individual consultant, a corporation of which the individual consultant is an employee or shareholder, and a partnership of which the individual consul