Alberta Gazette — 14 October 2006 (Part II)
14 October 2006
Alberta — Gazette
Alberta Regulation 226/2006
Agricultural Operation Practices Act
BOARD ADMINISTRATIVE PROCEDURES AMENDMENT REGULATION
Filed: September 19, 2006
For information only: Made by the Natural Resources Conservation Board on
September 5, 2006 pursuant to
section 44(3) of the Agricultural Operation Practices
Act.
1 The Board Administrative Procedures Regulation
(AR 268/2001) is amended by this Regulation.
Section 2 is repealed and the following is substituted:
Approval, registration application
2(1) An applicant for an approval or for a registration must file an
application with an approval officer in a form satisfactory to the
Board.
(2) An approval officer may require an application referred to in
subsection (1) to contain any one or more or all of the following:
(
a) the name, address and telephone number and the fax
number and e-mail address, if any, of the applicant;
(
b) a list of the affected persons;
(
c) a statement of whether the application is consistent with
the applicable municipal development plan;
(
d) construction plans for one or more of the following:
(
i) manure storage facilities;
(ii) manure collection areas;
(iii) surface water control systems;
(
e) hydrogeological assessments as required by an approval
officer;
(
f) a soils investigation as required by an approval officer;
(
g) the numbers and species of livestock and stage of
animal development of the livestock that will be at the
confined feeding operation;
(
h) the legal description of the land on which the confined
feeding operation is located;
(
i) a site plan showing the location of all
(
i) water bodies,
(ii) water wells,
(iii) property lines,
(iv) residence locations of affected persons,
(
v) barns, corrals and pens,
(vi) manure storage facilities and manure collection
areas, and
(vii) surface water control systems, if required by an
approval officer;
(
j) an explanation of how the confined feeding operation or
expansion and its operation will meet the requirements
of the regulations under the Act;
(
k) the legal description of the land where manure,
composting materials and compost are to be applied
during the first year of operation after the granting of
the application;
(
l) evidence that the applicant complies or will comply
with sections 24 and 25 of the Standards and
Administration Regulation (AR 267/2001);
(
m) evidence that the applicant complies or will comply
with
section 10 of the Standards and Administration
Regulation (AR 267/2001);
(
n) any other information required by an approval officer.
(3) An approval officer may require that documents filed under
subsection (2) be prepared by a professional engineer, a land
surveyor or a member of another appropriate profession and may,
if applicable, require that the documents be stamped.
Section 3 is repealed.
Section 4 is repealed and the following is substituted:
Authorization required
4(1) An applicant for an authorization must file an application
with an approval officer in a form satisfactory to the Board.
(2) An approval officer may require an application referred to in
subsection (1) to contain any one or more or all of the information
and documents referred to in
section 2(2), as required by an
approval officer.
(3) An approval officer may require that documents filed under
subsection (2) be prepared by a professional engineer, a land
surveyor or a member of another appropriate profession and may,
if applicable, require that the documents be stamped.
(4) For the purposes of this section, references in
section 2(2)(
h) and (
j) to a confined feeding operation are to be read as a reference
to a manure storage facility.
Section 5 is repealed.
Section 6 is amended
(
a) by repealing subsection (1) and substituting the
following:
Additional information and particulars
6(1) An approval officer may require an applicant to provide
any additional information or particulars that an approval
officer considers necessary to complete or supplement the
application.
(
b) by repealing subsection (2);
(
c) in subsection (3) by striking out "subsection (1) or (2),"
and substituting "this section,".
Section 7 is repealed and the following is substituted:
Withdrawal of application
7 If an applicant wishes to withdraw an application before a
decision on the application is made, the applicant must file a
written notice of withdrawal of application with an approval
officer and an approval officer must give notice of the withdrawal
to the directly affected parties.
Section 8 is amended
(
a) by adding "if required" after "notice of an application";
(
b) in clause (b)(ii) by striking out "approval," and
substituting "approval or a registration,";
(
c) by repealing clauses (
c) and (
d) and substituting
the following:
(
c) state where and when the copies of the application
under
Part 2 of the Act and the information and
particulars filed in support of the application will be
available at a location open to the public, and
Section 9 is amended by repealing subsection (1) and
substituting the following:
Copy of application
9(1) From the date of publication of a notice, if any, related to an
approval or a registration or until the latest date for making an
application under
section 19(4) of the Act in the case of an
approval or under
section 21(3) of the Act in the case of a
registration, as set out in the notice, an approval officer must
supply a copy of the application including information and
particulars to any affected person requesting them.
Section 11 is amended
(
a) by repealing subsection (1) and substituting the
following:
Applications by directly affected parties, affected persons
11(1) Subject to subsection (2), an application
(
a) by a directly affected party or an application for directly
affected party status pursuant to
section 19(4) or 21(3)
of the Act must be filed with an approval officer, and
(
b) by a person or organization determined under
section 19
or 21(5) of the Act not to be a directly affected party to
have the Board reconsider the person's or organization's
directly affected party status pursuant to
section 20(6)
or 22(5) of the Act must be filed with the Board.
(1.1) An application under subsection (1) must be in writing
and contain the following:
(
a) a concise statement indicating
(
i) the manner in which the directly affected party or
the applicant's interests may be directly affected
by a decision of an approval officer or of the
Board,
(ii) the nature and scope of the directly affected party's
intended participation,
(iii) the facts proposed to be shown in evidence,
(iv) the disposition of the proceeding advocated, if any,
(
v) the reasons why the decision should be made in the
manner advocated, and
(vi) the efforts made, if any, to resolve issues
associated with the proceedings directly with the
applicant for the approval, registration or
authorization;
(
b) the name, address in Alberta and telephone number and
the fax number and e-mail address, if any, of the
directly affected party or the applicant;
(
c) if the applicant has a representative, the name, address
in Alberta and telephone number and the fax number
and e-mail address, if any, of the representative.
(
b) in subsection (2) by striking out "subsection (1)" and
substituting "this section".
Section 12 is amended
(
a) in subsection (1)
(
i) by striking out "the Board may" and substituting
"an approval officer or the Board may";
(ii) by striking out "the Board additional" and
substituting "an approval officer or the Board
additional";
(
b) in subsection (2) by adding "an approval officer or"
before "the Board".
Section 13 is amended by striking out "in the notice," and
substituting "in the notice, if any,".
Section 14 is amended
(
a) in subsection (1)
(
i) by striking out "22(4) or 23(3)" and substituting
"22(4), 23(3) or 41(1)";
(ii) in clause (
c) by striking out "order, decision or
direction" and substituting "decision or enforcement
order";
(iii) by repealing clauses (
e) and (
f) and
substituting the following:
(
e) the name, address in Alberta and telephone number
and the fax number and e-mail address, if any, of
the applicant;
(
f) if the applicant has a representative, the name,
address in Alberta and telephone number and the
fax number and e-mail address, if any, of the
representative.
(
b) in subsection (2) by striking out "given on" and
substituting "given by the Board to";
(
c) by adding the following after subsection (2):
(3) A directly affected party who receives a notice of an
application for review under subsection (2) and has an adverse
interest with respect to the application for review may file a
response with the Board with respect to the matters raised in
the application for a review in accordance with the directions
provided by the Board.
Section 28 is renumbered as
section 28(1) and the
following is added after subsection (1):
(2) In conducting a review the Board may issue any directions that it
considers necessary for conducting the review, including requesting
any one or more or all of the documents and other matters that may
be required by an approval officer under
section 2, 4 or 6, and may
require that the documents be prepared by a professional engineer, a
land surveyor or a member of another appropriate profession and
may, if applicable, require that the documents be stamped.
15 This Regulation comes into force on October 1, 2006.
Alberta Regulation 227/2006
Public Lands Act
RECREATIONAL ACCESS AMENDMENT REGULATION
Filed: September 25, 2006
For information only: Made by the Minister of Sustainable Resource Development
(M.O. 30/06) on September 19, 2006 pursuant to
section 62.1 of the Public Lands
Act.
1 The Recreational Access Regulation (AR 228/2003) is
amended by this Regulation.
Section 1(1)(
h) is amended by striking out "for recreational
purposes" and by adding "for recreational purposes" after "who".
Section 3(1) is amended by striking out "for recreational
purposes" and by adding "for recreational purposes" after "obtain".
Section 5 is amended
(
a) in subsection (1) by striking out "for recreational
purposes" and by adding "for recreational purposes" after
"A person who";
(
b) by repealing subsection (3) and substituting the
following:
(3) Subject to subsection (4), a person shall not enter land
referred to in subsection (1)
(
a) if the person has not complied with subsection (1), or
(
b) if the agricultural disposition holder's contact person
does not respond to contact made under subsection (1).
Section 6(1) is amended by striking out "for recreational
purposes" and by adding "for recreational purposes" after "gain
access".
Section 7 is amended by adding ", subject to the approval of
the Minister," after "may".
Section 8 is repealed and the following is substituted:
Access not restricted or prohibited
8 Unless access is restricted or prohibited
(
a) by a recreational management plan,
(
b) under
section 10(4)(a),
(
c) by a term or condition imposed under
section 10(4)(
b) or 11, or
(
d) by an order of a director under
section 12,
the holder of an agricultural disposition that is a grazing permit,
cultivation permit, grazing licence, authorization to harvest hay
or head tax grazing permit shall not restrict or prohibit access for
recreational purposes to the agricultural disposition land by
persons who wish to use the land for recreational purposes.
Section 9 is amended
(
a) in subsection (1) by striking out "for recreational
purposes" and by adding "for recreational purposes" after
"who";
(
b) in subsection (1)(
d) by striking out "light fires" and
substituting "set, light or maintain a fire";
(
c) in subsection (1)(
e) by adding "enter or" before "use";
(
d) in subsection (2) by striking out "for recreational
purposes" and by adding "for recreational purposes" after
"who";
(
e) by repealing subsection (2)(
e) and substituting the
following:
(
e) comply with any prohibitions or restrictions under
section 10(4)(a),
under
section 10(4)(
b) or 11, and
(
f) in subsection (3) by striking out "for recreational
purposes" and by adding "for recreational purposes" after
"who";
(
g) in subsection (3)(
d) by adding "enter or" before "use";
(
h) in subsection (4) by striking out "for recreational
purposes" and by adding "for recreational purposes" after
"who";
(
i) by repealing subsection (4)(
c) and substituting the
following:
(
c) comply with any prohibitions or restrictions under
section 10(4)(a),
under
section 10(4)(
b) or 11, and
Section 10(5) is amended by striking out "for recreational
purposes" and by adding "for recreational purposes" after "access".
Section 12(1)(
b) is amended by striking out "for
recreational purposes" and by adding "for recreational purposes"
after "access".
11 The following is added after
section 12:
Availability of publications
12.1 The following shall be published on the Department's
website and copies made available in a manner determined by the
Minister:
section 7;
(
b) recreational management plans;
(
c) prohibitions or restrictions imposed under
section
10(4)(a);
Alberta Regulation 228/2006
Mental Health Act
MENTAL HEALTH AMENDMENT REGULATION
Filed: September 27, 2006
For information only: Made by the Lieutenant Governor in Council (O.C. 454/2006)
on September 27, 2006 pursuant to
section 53 of the Mental Health Act.
1 The Mental Health Regulation (AR 19/2004) is amended
by this Regulation.
Section 1(1) is amended
(
a) in clause (
b) by striking out "Alberta Hospital Ponoka"
and substituting "Centennial Centre for Mental Health
and Brain Injury";
(
b) in clause (
n) by striking out "Claresholm Care Centre"
and substituting "Claresholm Centre for Mental Health
and Addictions".
3 This Regulation comes into force on October 1, 2006.
--------------------------------
Alberta Regulation 229/2006
Marketing of Agricultural Products Act
ALBERTA BEEKEEPERS PLAN AMENDMENT REGULATION
Filed: September 27, 2006
For information only: Made by the Lieutenant Governor in Council (O.C. 458/2006)
on September 27, 2006 pursuant to
section 23 of the Marketing of Agricultural
Products Act.
1 The Alberta Beekeepers Plan Regulation (AR 59/2006) is
amended by this Regulation.
Section 9(2) is repealed.
Alberta Regulation 230/2006
Marketing of Agricultural Products Act
SUGAR BEET MARKETING PLAN AMENDMENT REGULATION
Filed: September 27, 2006
For information only: Made by the Lieutenant Governor in Council (O.C. 459/2006)
on September 27, 2006 pursuant to
section 23 of the Marketing of Agricultural
Products Act.
1 The Sugar Beet Marketing Plan Regulation (AR 275/97) is
amended by this Regulation.
Section 25(2) is repealed and the following is
substituted:
(2) Each area is entitled to have
(
a) one delegate for every 12 registered producers who produce
sugar beets within the area, and
(
b) one delegate for every 1500 acres to which a quota is allotted
within the same area.
--------------------------------
Alberta Regulation 231/2006
Government Organization Act
DESIGNATION AND TRANSFER OF RESPONSIBILITY
AMENDMENT REGULATION
Filed: September 27, 2006
For information only: Made by the Lieutenant Governor in Council (O.C. 460/2006)
on September 27, 2006 pursuant to
section 16 of the Government Organization Act.
1 The Designation and Transfer of Responsibility
Regulation (AR 44/2001) is amended by this Regulation.
Section 17 is amended by adding the following after
subsection (1.3):
(1.4) The Minister of Justice and Attorney General is designated
as the Minister responsible for the Criminal Notoriety Act.
Alberta Regulation 232/2006
Municipal Government Act
CITY OF CALGARY RIVERS DISTRICT COMMUNITY REVITALIZATION
LEVY REGULATION
Filed: September 27, 2006
For information only: Made by the Lieutenant Governor in Council (O.C. 465/2006)
on September 27, 2006 pursuant to
section 381.5 of the Municipal Government Act.
Table of Contents
Definitions
2 Scope of regulation
3 Establishment of community revitalization levy area
4 Community revitalization plan
5 Community revitalization levy bylaw
6 Borrowing bylaw
7 Preparation of assessments
8 Community revitalization assessment roll
9 Community revitalization levy roll
10 Community revitalization levy rate bylaw
11 Calculating the amount of the levy
12 Separate fund required
13 Application of Parts 9 to 12 of Act
14 Termination of a community revitalization levy bylaw
15 Expiry
Schedule
Definitions
1 In this Regulation,
(a) "Act" means the Municipal Government Act;
(b) "assessment baseline" means the property assessment of each
property within the Rivers District as of December 31 of the
year in which the community revitalization levy bylaw is
approved by the Lieutenant Governor in Council;
(c) "community revitalization levy bylaw" means a bylaw
passed by the council to impose a levy in respect of the
incremental assessed value of property in the Rivers District;
(d) "community revitalization levy rate" means the rate imposed
under a community revitalization levy rate bylaw for the
applicable assessment class or sub-class of property;
(e) "council" means the council of the City of Calgary;
(f) "incremental assessed value" has the meaning given to it in
section 381.1(
a) of the Act;
(g) "property" has the meaning given to it in
section 284(1)(
r) of
the Act;
(h) "Rivers District" means the City of Calgary Rivers District
community revitalization levy area established pursuant to
section 3.
Scope of regulation
2(1) This Regulation applies only to property located in the Rivers
District.
(2) Sections 6 to 14 apply only if
(
a) the council passes a community revitalization levy bylaw in
respect of the Rivers District, and
(
b) the Lieutenant Governor in Council approves the community
revitalization levy bylaw.
Establishment of community revitalization levy area
3 This Regulation establishes a community revitalization levy area in
the City of Calgary, known as the Rivers District, on the lands
described in the Schedule.
Community revitalization plan
4(1) Before passing a community revitalization levy bylaw in respect
of the Rivers District, the council must
(
a) prepare a community revitalization plan for the Rivers
District,
(
b) hold one or more public hearings on the proposed community
revitalization plan in accordance with
section 606 of the Act,
and
(
c) make and keep a record of any public hearings and make the
results of the public hearings available to the public.
(2) A community revitalization plan must address
(
a) the objectives, risks and benefits associated with the plan,
(
b) the need for the plan, including substantiation that
redevelopment will not progress significantly in its absence,
(
c) the costs associated with the plan, including the amount and
timing of projected
(
i) redevelopment capital costs,
(ii) borrowing costs, and
(iii) other costs,
(
d) the revenues associated with the plan, including the amount
and timing of projected
(
i) community revitalization levies in respect of the
incremental assessed value of property in the Rivers
District,
(ii) general municipal revenues, and
(iii) other revenue sources,
(
e) the amount, timing and source of projected borrowings
associated with the plan, and the amount and timing of the
repayments,
(
f) a low, medium and high projection of estimated changes in
the incremental assessed value of property in the Rivers
District and the consequent impact on projected revenues
from community revitalization levies,
(
g) how the municipality will fund any shortfall in the event that
actual revenues associated with the plan are not sufficient to
provide for the actual costs and repayment of borrowings
associated with the plan,
(
h) the proposed land uses for the Rivers District,
(
i) the proposed phasing of development in the Rivers District,
(
j) the impact, if any, that the redevelopment of the Rivers
District will have on the residents of that area,
(
k) which features, facilities and characteristics of the
municipality will be adversely affected by the redevelopment
of the Rivers District and what is proposed to mitigate those
effects,
(
l) which historically significant buildings in the Rivers District
will be conserved and maintained and how they will be
conserved and maintained, and
(
m) the expected role of private sector developers in the
redevelopment of the Rivers District.
(3) A community revitalization plan must be consistent with the land
use policies established by the Lieutenant Governor in Council under
section 622 of the Act.
Community revitalization levy bylaw
5(1) A community revitalization levy bylaw must include all of the
information required to be included in the community revitalization
plan.
(2) A community revitalization levy bylaw may be amended by the
council, but the amendment has no effect unless it is approved by the
Lieutenant Governor in Council.
Borrowing bylaw
6 Despite sections 256 to 263 of the Act, a borrowing bylaw for the
purpose of implementing the community revitalization plan, in whole
or in part, must be advertised in accordance with
section 606 of the
Act.
Preparation of assessments
7 Assessments of property in the Rivers District must be prepared in
the same manner as similar properties in the municipality in
accordance with
Part 9 of the Act, as modified by this Regulation.
Community revitalization assessment roll
8(1) The municipality must prepare annually, not later than February
28, a community revitalization assessment roll.
(2) A community revitalization assessment roll may be a continuation
of the assessment roll prepared under
Part 9 of the Act or may be
separate from that roll.
Community revitalization levy roll
9(1) A community revitalization levy roll may be a continuation of the
tax roll prepared under
Part 10 of the Act or may be separate from that
roll.
(2) A community revitalization levy roll must show the same
information that is required to be shown on the tax roll in accordance
with
section 329 of the Act.
Community revitalization levy rate bylaw
10(1) The council must pass a community revitalization levy rate
bylaw annually.
(2) A community revitalization levy rate bylaw must
(
a) set and show separately all of the community revitalization
levy rates that must be imposed to raise the revenue required
to meet the levy increment financing program and council's
approved budget, and
(
b) not be imposed in respect of property that
(
i) is exempt under
section 351, 361 or 362 of the Act, or
(ii) is exempt under
section 363 or 364 of the Act, unless
the bylaw passed under
section 363 makes the property
taxable.
(3) A community revitalization levy rate must be equal to or greater
than the tax rates established annually for the corresponding property
tax bylaw for each assessment class or sub-class of property referred to
section 297 of the Act.
Calculating the amount of the levy
11(1) The amount of the levy to be imposed in respect of property
located in the Rivers District is to be calculated by multiplying the
incremental assessed value for the property by the community
revitalization levy rate to be imposed on that property.
(2) If a tax exempt property in the Rivers District becomes taxable, the
levy for that property is to be calculated in accordance with the
following formula:
Levy = (A+
B) x C
where
A is the assessment baseline for the property;
B is the incremental assessed value for the property;
C is the community revitalization levy rate to be imposed on
that property.
(3) The levy under subsection (2) is to be applied beginning in the
year that the property becomes taxable.
(4) If a tax exempt property in the Rivers District becomes taxable, the
assessment baseline for that property shall be excluded from the
equalized assessment beginning in the year that the property becomes
taxable.
(5) If a taxable property in the Rivers District becomes tax exempt, no
levy is to be applied to that property beginning in the year that the
property becomes exempt.
Separate fund required
12 A community revitalization levy collected from the Rivers
District, and any interest earned from that investment of the levy, must
(
a) be accounted for separately from other levies collected, and
(
b) be used only for the purposes specified for the Rivers
District.
Application of Parts 9 to 12 of Act
13 Except as modified by this Regulation, Parts 9 to 12 of the Act
relating to the assessment and taxation of property apply with the
necessary modifications to a community revitalization levy and for that
purpose a reference in those Parts to
(
a) a tax imposed under
Part 10, Division 2 is deemed to be a
reference to a community revitalization levy;
(
b) a property tax bylaw is deemed to be a reference to a
community revitalization levy bylaw;
(
c) an assessment roll is deemed to be a reference to a
community revitalization assessment roll;
(
d) a tax roll is deemed to be a reference to a community
revitalization levy roll.
Termination of a community revitalization levy bylaw
14 The community revitalization levy bylaw is terminated on the
earliest of the following:
(
a) at the end of a period of 20 years from the year in which the
community revitalization levy bylaw is approved by the
Lieutenant Governor in Council;
(
b) the date that all borrowings for the Rivers District are repaid
or recovered from the revenues associated with the
community revitalization plan;
(
c) an earlier date specified by the Lieutenant Governor in
Council.
Expiry
15 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be
repassed in its present or an amended form following a review, this
Regulation expires on November 30, 2016.
Schedule
All lands in the City of Calgary contained in the area shown on the
following map and which may be described as follows:
Bounded on the north by the right bank of the Bow River, on the
east and south by the left bank of the Elbow River and on the west
described as follows:
commencing at a point where the left bank of the Elbow River
intersects with the west side of 1st Street S.E., north along the
west side of 1st Street S.E. to where it intersects with 7th
Avenue S.E., then westward along the south side of 7th
Avenue S.E. to Centre Street, northward along the west side of
Centre Street to 5th Avenue S.E., eastward along the north side
of 5th Avenue to the intersection with 1st Street S.E., then
northward along the west side of 1st Street S.E. to a point
where, if extended northward, 1st Street S.E. would intersect
with the right bank of the Bow River.
--------------------------------
Alberta Regulation 233/2006
Municipal Government Act
ATHABASCA REGIONAL WASTE MANAGEMENT SERVICES
COMMISSION AMENDMENT REGULATION
Filed: September 27, 2006
For information only: Made by the Lieutenant Governor in Council (O.C. 466/2006)
on September 27, 2006 pursuant to
section 602.02 of the Municipal Government Act.
1 The Athabasca Regional Waste Management Services
Commission Regulation (AR 259/98) is amended by this
Regulation.
Section 2 is amended by adding the following after
clause (c):
(
d) Village of Boyle
--------------------------------
Alberta Regulation 234/2006
Municipal Government Act
CAPITAL REGION ASSESSMENT SERVICES COMMISSION
AMENDMENT REGULATION
Filed: September 27, 2006
For information only: Made by the Lieutenant Governor in Council (O.C. 467/2006)
on September 27, 2006 pursuant to
section 602.02 of the Municipal Government Act.
1 The Capital Region Assessment Services Commission
Regulation (AR 77/96) is amended by this Regulation.
2 The
Schedule is repealed and the following is
substituted:
Schedule
(
a) Summer Village of Argentia Beach
(
b) Town of Barrhead
(
c) Town of Devon
(
d) City of Fort Saskatchewan
(
e) Summer Village of Grandview
(
f) Summer Village of Kapasiwin
(
g) Village of Kinuso
(
h) Summer Village of Larkspur
(
i) Town of Mayerthorpe
(
j) Town of Millet
(
k) Summer Village of Norris Beach
(
l) Town of Onoway
(
m) Summer Village of Poplar Bay
(
n) Town of Redwater
(
o) Village of Sangudo
(
p) Summer Village of Seba Beach
(
q) Summer Village of Silver Beach
(
r) Summer Village of Silver Sands
(
s) Village of Spring Lake
(
t) Town of Stony Plain
(
u) Summer Village of Sundance Beach
(
v) Town of Swan Hills
(
w) Village of Waskatenau
3 The
Schedule is amended
(
a) by adding the following after clause (b):
(b.1) Summer Village of Crystal Springs
(
b) by adding the following after clause (h):
(h.1) Summer Village of Ma-me-o Beach
Section 3 comes into force on January 1, 2007.
--------------------------------
Alberta Regulation 235/2006
Municipal Government Act
REGIONAL SHOPPING CENTRE ALLOCATION OF
ASSESSMENT REGULATION
Filed: September 27, 2006
For information only: Made by the Lieutenant Governor in Council (O.C. 468/2006)
on September 27, 2006 pursuant to
section 603 of the Municipal Government Act.
Table of Contents
Definitions
2 Purpose
3 Application of regulation
4 Application for allocation of assessment
5 Calculation of allocation of assessment
6 Effect of allocation of assessment
7 Provision of information
8 Charges
9 Recalculation
10 Review
11 Repeal
12 Expiry
13 Coming into force
Definitions
1(1) In this Regulation,
(a) "Act" means the Municipal Government Act;
(b) "allocation of assessment" means the allocation of the total
assessment of a regional shopping centre among the
components of the regional shopping centre;
(c) "anchor tenant" means a tenant in a regional shopping centre
that is prescribed as an anchor tenant in a Ministerial Order
referred to in subsection (2);
(d) "assessed person" means the assessed person of the regional
shopping centre;
(e) "commercial retail unit" or "CRU" means a retail or service
premises in a regional shopping centre, other than the
following:
(
i) anchor tenant premises;
(ii) free-standing premises;
(iii) office premises;
(iv) hotel premises;
(
v) the exterior common area and interior common area;
(f) "component" of a regional shopping centre means the
following:
(
i) each anchor tenant premises;
(ii) the aggregate of the CRU premises;
(iii) each free-standing premises;
(iv) the aggregate interior common area;
(
v) the aggregate exterior common area;
(vi) each premises that is not included in any of subclauses
(
i) to (v), including office premises and hotel premises;
(g) "exterior common area" includes that part of a regional
shopping centre that consists of pavement, parking structures
and land;
(h) "interior common area" means that part of the gross building
area of a regional shopping centre that is not gross leasable
area;
(i) "office premises" means any area within a regional shopping
centre that consists of more than 6 offices and is specifically
designated to be used for office purposes;
(j) "regional shopping centre" means, subject to
section 3(3), a
shopping centre that is prescribed as a regional shopping
centre in a Ministerial Order referred to in subsection (2);
(k) "total assessment" means the assessment shown for the
regional shopping centre on the municipality's assessment
roll, but where
section 3(3) applies, excludes that part of the
total assessment that is attributable to the addition referred to
in that subsection.
(2) The Minister may by Ministerial Order prescribe
(
a) the regional shopping centres to which this Regulation
applies, and
(
b) the tenants of each regional shopping centre that are the
anchor tenants for the purposes of this Regulation.
Purpose
2 The purpose of this Regulation is to provide an allocation of
assessment for use by regional shopping centres for the purpose of
internal allocation of property taxes among the components of
regional shopping centres.
Application of regulation
3(1) This Regulation applies only in respect of the taxation years 1999
to 2008 inclusive.
(2) This Regulation applies in respect of a regional shopping centre in
respect of a taxation year only where
(
a) at least one lease agreement between an anchor tenant and
the assessed person provides for the allocation of the
property tax payable in respect of the regional shopping
centre based on either separate assessments or on the
methodology used by the municipality to derive the
assessment for the regional shopping centre,
(
b) the assessment for the regional shopping centre as
determined by the municipality for the taxation year is based
chiefly on the income approach to value, and
(
c) the assessed person applies in writing to the municipality not
later than December 31 preceding the taxation year for an
allocation of assessment under this Regulation.
(3) Where the building footprint or envelope of a regional shopping
centre changes by reason of an addition to the shopping centre that is
completed after December 31, 1997, the addition shall not be
considered to be part of the regional shopping centre for the purposes
of this Regulation.
Application for allocation of assessment
4 An application referred to in
section 3(2)(
c) must be in a form
acceptable to and contain the information prescribed by the
municipality.
Calculation of allocation of assessment
5(1) If the conditions in
section 3(2) are met with respect to a regional
shopping centre, the municipality shall do the following:
(
a) determine the value of each component by using the
assessment method that was used by the municipality in the
year preceding the first year in which an assessment using the
income approach to value is prepared;
(
b) prepare an allocation to each component of the total value of
all components determined under clause (
a) by
(
i) dividing the value for each component determined
under clause (
a) by the total value of all components so
determined to determine the percentage that the value of
each component is of the total value, and
(ii) multiplying the percentage determined under subclause
(
i) for each component by the total assessment prepared
using the income approach to value;
(
c) annually prepare an allocation of the total assessment to each
component by using the same income approach to value that
was used in preparing the assessment;
(
d) prepare an annual allocation of assessment for each
component by
(
i) determining the difference in valuation for the
component as calculated under clauses (
b) and (c), and
(ii) increasing or decreasing the allocation of value for the
component calculated under clause (
b) for each taxation
year set out in the Table at the end of this
section by a
yearly increment equal to the corresponding percentage
of the difference or valuation that is specified for that
year in Column 2 of that Table.
(2) Where the assessed person first makes application under
section
3(2)(
c) in respect of a year after 1999, the percentage increments for
the purposes of subsection (1)(d)(ii) are set out in Column 3 of the
Table at the end of this section.
(3) Subject to
section 9(1), the percentages determined under
subsection (1)(b)(
i) shall remain constant for all taxation years to
which this Regulation applies.
Table
Column 1
Column 2
Column 3
Taxation Year
Percentage Increment
(section 5(1)(d)(ii))
Percentage Increment
(section 5(2))
10.00%
N/A
20.00%
11.1111%
30.00%
12.5000%
40.00%
14.2857%
50.00%
16.6666%
60.00%
20.0000%
70.00%
25.0000%
80.00%
33.3333%
90.00%
50.0000%
100.00%
100.0000%
Effect of allocation of assessment
6(1) An allocation of assessment for a component that is prepared in
accordance with
section 5(1)(
d) is deemed to be a separate assessment
of the component for the purposes of an agreement referred to in
section 3(2)(a).
(2) Nothing in this Regulation affects an assessed person's liability to
pay taxes under the Act.
Provision of information
7 In each taxation year in which this Regulation applies in respect of
a regional shopping centre, the municipality shall, not later than the
date on which it sends the tax notice in respect of the regional
shopping centre to the assessed person, provide to the assessed person
(
a) a
schedule setting out the allocations of assessment in respect
of the components of the regional shopping centre for the
taxation year, together with the details of how the allocations
of assessment were calculated, and
(
b) sufficient information to disclose the details as to how the
total assessment and other valuations used for the purposes of
this Regulation were calculated.
Charges
8(1) A municipality may impose a reasonable charge on the assessed
person for
(
a) the preparation and provision of the material referred to in
section 7, and
(
b) making a recalculation under
section 9
and the charge may, without limitation, include a charge for the time
spent by the municipality's employees or agents in the preparation and
provision of the material or the making of the recalculation.
(2) A municipality may add the reasonable charge authorized under
subsection (1) to the tax roll of the regional shopping centre.
Recalculation
9(1) Where property forming part of a regional shopping centre is
destroyed or is the subject of a subdivision, or where a change in the
component breakdown of the regional shopping centre occurs, the
municipality shall recalculate the allocations of assessment for the
remaining applicable taxation years referred to in
section 3(1).
(2) Where the assessment for a regional shopping centre for a taxation
year changes as a result of the operation of
Part 11 or 12 of the Act, the
municipality shall recalculate the allocations of assessment for that
taxation year.
(3) On making a recalculation under subsection (1) or (2), the
municipality shall forthwith comply with
section 7.
Review
10(1) The assessed person may, not later than August 31, apply to the
Minister for a review of any or all of the following with respect to the
taxation year:
(
a) any amount determined under
section 5(1), other than the
amount of the assessment for the regional shopping centre
that is shown on the municipality's assessment roll and uses
the income approach to value;
(
b) a recalculation of allocations of assessment under
section 9;
(
c) the charge imposed on the assessed person under
section 8.
(2) An application must contain the information required by and be in
a form acceptable to the Minister.
(3) In a review, the Minister may make any changes in the allocations
of assessment, recalculation or charges that the Minister considers
appropriate.
(4) The Minister's decision on a review is final.
Repeal
11 The Regional Shopping Centre Allocation of Assessment
Regulation (AR 163/2004) is repealed.
Expiry
12 This Regulation is made under
section 603(1) of the Act and is
subject to repeal under
section 603(2) of the Act.
Coming into force
13 This Regulation comes into force on November 25, 2006.
Alberta Regulation 236/2006
Criminal Notoriety Act
CRIMINAL NOTORIETY ACT DESIGNATION REGULATION
Filed: September 28, 2006
For information only: Made by the Minister of Justice and Attorney General (M.O.
38/2006) on September 28, 2006 pursuant to
section 16 of the Criminal Notoriety Act.
Interpretation
1 In this Regulation, "Act" means the Criminal Notoriety Act.
Designated agencies and bodies
2 The following agencies and bodies are designated for the purposes
section 2(3)(
c) of the Act:
(
a) The John Howard Society of Alberta;
(
b) The John Howard Society of Grande Prairie;
(
c) Edmonton John Howard Society;
(
d) The Calgary John Howard Society;
(
e) John Howard Society of Red Deer;
(
f) Lethbridge John Howard Society;
(
g) Medicine Hat John Howard Society;
(
h) The Elizabeth Fry Society of Edmonton, Alberta;
(
i) The Elizabeth Fry Society of Calgary, Alberta;
(
j) Prostitution Awareness and Action Foundation of Edmonton;
(
k) Catholic Social Services;
(
l) Edmonton City Centre Church Corporation.
Expiry
3 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be
repassed in its present or an amended form following a review, this
Regulation expires on August 31, 2016.
Coming into force
4 This Regulation comes into force on the coming into force of the
Act.
THE ALBERTA GAZETTE,
PART II, OCTOBER 14, 2006
AR 226/2006 AGRICULTURAL OPERATION PRACTICES
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THE ALBERTA GAZETTE,
PART II, OCTOBER 14, 2006
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THE ALBERTA GAZETTE,
PART II, OCTOBER 14, 2006
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THE ALBERTA GAZETTE,
PART II, OCTOBER 14, 2006
AR 227/2006 PUBLIC LANDS
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THE ALBERTA GAZETTE,
PART II, OCTOBER 14, 2006
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THE ALBERTA GAZETTE,
PART II, OCTOBER 14, 2006
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THE ALBERTA GAZETTE,
PART II, OCTOBER 14, 2006
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THE ALBERTA GAZETTE,
PART II, OCTOBER 14, 2006
AR 232/2006 MUNICIPAL GOVERNMENT
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