Alberta Gazette — 30 September (i)
0930 i
Alberta — Gazette
THE ALBERTA GAZETTE,
PART I, SEPTEMBER 30, 1998
The Alberta Gazette
PART 1
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Vol. 94 EDMONTON, WEDNESDAY, SEPTEMBER 30, 1998 No. 18
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PROCLAMATION
[GREAT SEAL]
CANADA
PROVINCE OF ALBERTA H.A. "Bud" Olson, Lieutenant
Governor.
ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom, Canada,
and Her Other Realms and Territories, QUEEN, Head of the Commonwealth,
Defender of the Faith
P R O C L A M A T I O N
To all to Whom these Presents shall come GREETING
Doug Rae, Acting Deputy Minister of Justice and
Acting Deputy Attorney General.
WHEREAS
section 4 of the Amusements Amendment Act, 1998 provides that that
Act comes into force on Proclamation; and
WHEREAS it is expedient to proclaim the Amusements Act, 1998 in force:
NOW KNOW YE THAT by and with the advice and consent of Our Executive
Council of Our Province of Alberta, by virtue of the provisions of the said
Act hereinbefore referred to and of all other power and authority
whatsoever in Us vested in that behalf, We have ordered and declared and do
hereby proclaim the Amusements Amendment Act, 1998 in force on October 1,
IN TESTIMONY WHEREOF We have caused these Our Letters to be made Patent and
the Great Seal of Our Province of Alberta to be hereunto affixed.
WITNESS: THE HONOURABLE H. A. "BUD" OLSON, Lieutenant Governor of Our
Province of Alberta, in Our City of Edmonton in Our Province of Alberta,
this 16th day of September in the Year of Our Lord One Thousand Nine
Hundred and Ninety-eight and in the Forty-seventh Year of Our Reign.
BY COMMAND Jon Havelock,
Provincial Secretary.
PROCLAMATION
[GREAT SEAL]
CANADA
PROVINCE OF ALBERTA H.A. "Bud" Olson, Lieutenant
Governor.
ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom, Canada,
and Her Other Realms and Territories, QUEEN, Head of the Commonwealth,
Defender of the Faith
P R O C L A M A T I O N
To all to Whom these Presents shall come GREETING
Doug Rae, Acting Deputy Minister of Justice and
Acting Deputy Attorney General.
WHEREAS
section 17 of the Limitations Act provides that that Act comes into
force on Proclamation; and
WHEREAS it is expedient to proclaim the Limitations Act in force:
NOW KNOW YE THAT by and with the advice and consent of Our Executive
Council of Our Province of Alberta, by virtue of the provisions of the said
Act hereinbefore referred to and of all other power and authority
whatsoever in Us vested in that behalf, We have ordered and declared and do
hereby proclaim the Limitations Act in force on March 1, 1999.
IN TESTIMONY WHEREOF We have caused these Our Letters to be made Patent and
the Great Seal of Our Province of Alberta to be hereunto affixed.
WITNESS: THE HONOURABLE H. A. "BUD" OLSON, Lieutenant Governor of Our
Province of Alberta, in Our City of Edmonton in Our Province of Alberta,
this 16th day of September in the Year of Our Lord One Thousand Nine
Hundred and Ninety-eight and in the Forty-seventh Year of Our Reign.
BY COMMAND Jon Havelock,
Provincial Secretary.
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RESIGNATIONS, RETIREMENTS AND APPOINTMENTS
RETIREMENT OF PROVINCIAL COURT JUDGE & APPOINTMENT OF SUPERNUMERARY JUDGE
(Provincial Court Judges Act)
The Honourable Judge J.P. Wambolt of the Provincial Court of Alberta in
Medicine Hat retired on August 31, 1998, and was appointed as a
Supernumerary Judge, effective September 1, 1998 for a period of two years.
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SUPERNUMERARY JUDGE APPOINTED
(Provincial Court Judges Act)
May 12, 1998
The Honourable Judge J.G. Bradburn of the Provincial Court - Family & Youth
Division in Edmonton
May 30, 1998
The Honourable Judge J.P. Jorgensen of the Provincial Court - Family &
Youth Division in Edmonton
June 1, 1998
The Honourable Judge F.W. Coward of the Provincial Court of Alberta in
Lethbridge
June 21, 1998
The Honourable Judge D.P. MacNaughton of the Provincial Court of Alberta in
Red Deer
July 27, 1998
The Honourable Judge P.C.C. Marshall of the Provincial Court of Alberta in
Edmonton
The above appointments are for a period of two years from the date
stated.
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ORDERS IN COUNCIL
PROVINCIAL PARKS ACT
O.C. 353/98
Approved and ordered:
H.A. "Bud" Olson
Lieutenant Governor.
Edmonton, August 26, 1998
The Lieutenant Governor in Council makes the Provincial Recreation Areas
Amendment Order.
Stockwell Day, Acting Chair.
APPENDIX
Provincial Parks Act
PROVINCIAL RECREATION AREAS AMENDMENT ORDER
1 The Provincial Recreation Areas Order (O.C. 390/97) is amended by
this Order.
2 Sections 9, 17, 29, 46, 57, 68 and 86 are repealed.
3 Schedules 9, 17, 29, 46, 57, 68 and 86 are repealed.
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O.C. 354/98
Approved and ordered:
H.A. "Bud" Olson
Lieutenant Governor.
Edmonton, August 26, 1998
The Lieutenant Governor in Council designates the land described in the
attached Appendix as a provincial park to be known as Whitehorse Wildland
Provincial Park.
Stockwell Day, Acting Chair.
APPENDIX
WHITEHORSE WILDLAND PROVINCIAL PARK
FIRSTLY:
All those parcels or tracts of land, situate, lying and being in the
partially surveyed forty-fifth (45) township, in the twenty-second
(22) range, west of the fifth (5) meridian, in the Province of Alberta, Canada,
and being composed of:
All those portions of sections nineteen (19) and twenty (20) which lie
generally to the north of a trail, all those portions of the north half and
southwest quarter of
section twenty-one (21) which lie generally to the
north of the said trail, to the west of a north-south cut line and to the
south of an east-west cut line and all those portions of the south half and
north west quarter of
section twenty-nine (29) and
section thirty (30) of
the said township which lie generally to the south west of the said
east-west cut line, as shown upon a map or plan of record in the Department
of Environmental Protection at Edmonton as No. P0376 General.
SECONDLY:
All those parcels or tracts of land, situate, lying and being in the
partially surveyed forty-fifth (45) township, in the twenty-third
(23) range, west of the fifth (5) meridian, in the Province of Alberta, Canada,
and being composed of:
The north west quarter of
section fifteen (15), the north halves of
sections sixteen (16) and seventeen (17), the north east quarter and legal
subdivisions eleven (11), thirteen (13) and fourteen (14) of
section
eighteen (18), sections nineteen (19) to twenty-two (22) inclusive,
sections twenty-five (25) and twenty-six (26), the south halves of sections
twenty-seven (27), twenty-eight (28) and twenty-nine (29),
section thirty
(30), all those portions of the north west quarter of
section fourteen (14)
and the north east quarter of the said
section fifteen (15) which lie
generally to the north west of a north-south cut line, all that portion of
section twenty-three (23) which lies generally to the north west of the
said north-south cut line and to the north of a trail and all that portion
of
section twenty-four (24) of the said township which lies generally to
the north of the said trail, as shown upon the said map or plan No. P0376
General.
THIRDLY:
All those parcels or tracts of land, situate, lying and being in what would
be if surveyed the forty-fifth (45) township, the twenty-fourth (24) range,
west of the fifth (5) meridian, in the Province of Alberta, Canada, and
being composed of:
Legal subdivisions fifteen (15) and sixteen (16) of
section twenty-three
(23), the north half and legal subdivisions one (1), seven (7) and eight
(8) of
section twenty-four (24),
section twenty-five (25), the north half
and south east quarter and legal subdivision six (6) of
section twenty-six
(26), the north half and south west quarter and legal subdivisions two (2),
seven (7) and eight (8) of
section twenty-seven (27), sections thirty-four
(34) and thirty-five (35), the south west quarter of
section thirty-six
(36) and all those portions of the north east quarter of
section twenty-one
(21), the north west quarter of
section twenty-two (22) and sections
twenty-eight (28) and thirty-three (33) of the said township lying
generally to the east of Jasper National Park boundary, as shown upon the
said map or plan No. P0376 General.
FOURTHLY:
All those parcels or tracts of land, situate, lying and being in the
partially surveyed forty-sixth (46) township, in the twenty-fourth
(24) range, west of the fifth (5) meridian, in the Province of Alberta, Canada,
and being composed of:
Sections three (3), eight (8) to ten (10) inclusive, thirteen (13) to
twenty-three (23) inclusive, twenty-six (26) to thirty-four (34) inclusive,
legal subdivisions twelve (12), thirteen (13) and fourteen (14) of
section
two (2), the north half and south east quarter of
section four (4), the
north half of
section seven (7), the west half and legal subdivisions two
(2), seven (7), ten (10), fifteen (15) and sixteen (16) of
section eleven
(11), legal subdivisions thirteen (13), fourteen (14) and fifteen (15) and
all those portions of legal subdivisions nine (9) and sixteen (16) of
section twelve (12) which lie generally to the north west of the said left
bank of Prospect Creek, the south west quarter of
section twenty-four (24)
and the south half and north west quarter of legal subdivision eleven (11),
legal subdivisions twelve (12) and thirteen (13), the north half and south
west quarter of legal subdivision fourteen (14), the north half of legal
subdivision fifteen (15), all that portion of the north east quarter of the
said legal subdivision eleven (11) which lies generally to the south of the
right bank of Whitehorse Creek and all that portion of the east half of the
said
section twenty-four (24) which lies generally to the south of the said
right bank of Whitehorse Creek and to the south west of the said westerly
limit of an unsurveyed roadway, the west half and the west half of the east
half of
section twenty-five (25), the south half and north west quarter of
section thirty-five (35), the south west quarter and legal subdivisions two
(2), seven (7), eight (8), twelve (12) and the south west quarters of legal
subdivisions eleven (11) and thirteen (13) of
section thirty-six (36), all
those portions of the south west quarter of the said
section four (4),
section five (5), the north east quarter of
section six (6) and the south
half of the said
section seven (7) lying generally to the north west of the
said Jasper National Park boundary and all that portion of the north east
quarter of the said
section thirty-five (35) of the said township which
lies generally to the south of the height of land, as shown upon the said
map or plan No. P0376 General.
FIFTHLY:
All those parcels or tracts of land, situate, lying and being in what would
be if surveyed the forty-sixth (46) township, the twenty-fifth (25) range,
west of the fifth (5) meridian in the Province of Alberta, Canada, and
being composed of:
Sections thirteen (13), fourteen (14), twenty-three (23) to twenty-six (26)
inclusive,
section thirty-six (36), the east halves of sections twenty-two
(22) and twenty-seven (27), the south east quarter of
section thirty-four
(34), the south half and north east quarter of
section thirty-five (35) and
all those portions of the north east quarter of
section ten (10), the north
half and south east quarter of
section eleven (11), sections twelve
(12) and fifteen (15), the west halves of the said sections twenty-two (22) and
twenty-seven (27), the east half of
section twenty-eight (28), the north
half and south west quarter of the said
section thirty-four (34) and the
north west quarter of the said
section thirty-five (35) of the said
township lying generally to the south and west of the said Jasper National
Park boundary, as shown upon the said map or plan No. P0376 General.
SIXTHLY:
All those parcels or tracts of land, situate, lying and being in what would
be if surveyed the forty-seventh (47) township, the twenty-fourth
(24) range, west of the fifth (5) meridian, in the Province of Alberta, Canada,
and being composed of:
The south halves of sections four (4) and five (5), the south east quarter
of
section six (6) and all those portions of the south halves of sections
one (1) and two (2), the south half and north west quarter of
section three
(3), the north halves of the said sections four (4) and five (5), the south
east quarter of
section eight (8) and the south half of
section nine (9)
which lie generally to the south of the height of land and all those
portions of the north half and south west quarter of the said
section six
(6) and the south east quarter of
section seven (7) of the said township
which lie generally to the east of the said Jasper National Park boundary
and to the south west of the said height of land, as shown upon the said
map or plan No. P0376 General.
SEVENTHLY
All that parcel or tract of land, situate, lying and being in what would be
if surveyed the forty-seventh (47) township, the twenty-fifth (25) range,
west of the fifth (5) meridian, in the Province of Alberta, Canada, and
being composed of:
All that portion of the south east quarter of
section one (1) of the said
township which lies generally to the south and east of the said Jasper
National Park boundary, as shown upon the said map or Plan No. P0376
General.
The lands herein described contain seventeen thousand four hundred
thirty-nine and eight hundred eighty-six thousandths (17,439.886) hectares
(43,093.37), more or less.
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O.C. 355/98
Approved and ordered:
H.A. "Bud" Olson
Lieutenant Governor.
Edmonton, August 26, 1998
The Lieutenant Governor in Council designates the land described in the
attached Appendix as a provincial park to be known as Young's Point
Provincial Park.
Stockwell Day, Acting Chair.
APPENDIX
Provincial Parks Act
YOUNG'S POINT PROVINCIAL PARK ORDER
1 The lands described in the
Schedule of Lands are designated as a
provincial park to be known as Young's Point Provincial Park.
2 This designation does not affect any rights, obligations or duties
under
(
a) a disposition within the meaning of the Public Lands Act,
(
b) a disposition within the meaning of the Mines and
Minerals Act, or
(
c) an estate or interest in land or any other interest in
respect of land arising under any other Act or regulation
where the disposition, estate or interest is in respect of land that
is located in the Park and the disposition, estate or interest is
subsisting on the effective date of this Order.
3 The Young's Point Provincial Park Order-in-Council 388/97 is
repealed.
SCHEDULE OF LANDS
YOUNG'S POINT PROVINCIAL PARK
FIRSTLY:
All those parcels or tracts of land, situate, lying, and being in the
seventieth (70) township, in the twenty-fourth (24) range, west of the
fifth (5) meridian, in the Province of Alberta, Canada, and being composed
of:
All those portions of the north east quarter of
section thirty-two (32),
the north half of
section thirty-three (33) and the north west quarter of
section thirty-four (34) of the said township, lying generally to the north
of the north shore line of Sturgeon Lake and not covered by any of the
waters of the said lake, containing thirty-three and two hundred
eighty-seven thousandths (33.287) hectares (82.25 acres), more or less.
SECONDLY:
All those parcels or tracts of land, situate, lying, and being in the
seventy-first (71) township, in the twenty-third (23) range, west of the
fifth (5) meridian, in the Province of Alberta, Canada, and being composed
of:
The west halves of sections seventeen (17) and twenty (20), the north half
and south east quarter of
section eighteen (18),
section nineteen (19) and
all those portions of the north half of
section seven (7), the north west
quarter of
section eight (8) and the south west quarter of the said
section
eighteen (18) of the said township, not covered by any of the waters of the
said Sturgeon Lake, containing eight hundred seventeen and two hundred
sixty-seven thousandths (817.267) hectares (2,019.44 acres), more or less.
THIRDLY:
All those parcels or tracts of land, situate, lying, and being in the
seventy-first (71) township, in the twenty-fourth (24) range, west of the
fifth (5) meridian, in the Province of Alberta, Canada, and being composed
of:
The north west quarter of
section two (2), the west halves of sections
eleven (11) and fifteen (15), sections thirteen (13), fourteen (14),
sixteen (16), twenty-one (21), twenty-two (22), twenty-four (24) and all
those portions of the west half of
section one (1), the east half of the
said
section two (2), the south west quarter of
section three (3), the east
half of the said
section eleven (11) and the north half of
section twelve
(12) of the said township, not covered by any of the waters of the said
Sturgeon Lake, containing two thousand two hundred twenty-seven and nine
hundred fourteen thousandths (2,227.914) hectares (5,505.10 acres), more or
less.
SAVING AND EXCEPTING:
(1) Two and thirty-five thousandths (2.035) hectares (5.03
acres), more or less, required for a surveyed roadway, as shown upon a plan
of survey of record in the Land Titles Office at Edmonton for the North
Alberta Land Registration District as No. 4989 L.Z.
(2) Seven hundred forty-nine thousandths (0.749) of a hectare
(1.85 acres), more or less, required for a surveyed roadway, as shown upon
a plan of survey of record in the said Land Titles Office as No. 762 0983.
(3) Two hundred seventy-nine thousandths (0.279) of a hectare
(0.69 of an acre), more or less, required for a surveyed roadway, as shown
upon a plan of survey of record in the said Land Titles Office as No. 912
(4) Three and four hundred thousandths (3.400) hectares (8.40
acres), more or less, required for a subdivision, as shown upon a plan of
survey of record in the said Land Titles Office as No. 972 1888.
The lands herein described contain three thousand seventy-two and five
thousandths (3,072.005) hectares (7,590.82 acres), more or less.
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O.C. 357/98
Approved and ordered:
H.A. "Bud" Olson
Lieutenant Governor.
Edmonton, August 26, 1998
The Lieutenant Governor in Council makes the West Castle Wetlands
Ecological Reserve Order set out in the attached Appendix.
Stockwell Day, Acting Chair.
APPENDIX
Wilderness Areas, Ecological Reserves and Natural Areas Act
WEST CASTLE WETLANDS ECOLOGICAL RESERVE ORDER
1 The land in the attached
Schedule of Lands is hereby designated as an
ecological reserve to be known as West Castle Wetlands Ecological Reserve.
SCHEDULE OF LANDS
WEST CASTLE WETLANDS ECOLOGICAL RESERVE
All that parcel or tract of land, situate, lying and being in what would be
if surveyed the fourth (4) township, the fourth (4) range, west of the
fifth (5) meridian, in the Province of Alberta, Canada, and being more
particularly described as follows:
Commencing at the intersection of the one thousand four hundred two (1,402)
metre (4,600 foot) contour line with the north boundary of legal
subdivision two (2) of
section thirty-six (36);
Thence westerly along the said north boundary of legal subdivision two
(2) to its intersection with the left bank of the West Castle River;
Thence southerly along the said left bank to its intersection with the
southerly limit of an unsurveyed roadway in the north east quarter of the
said legal subdivision two (2);
Thence southwesterly and westerly along the said southerly limit of the
roadway to its intersection with the easterly limit of secondary highway
No. 774;
Thence southerly along the said easterly limit of secondary highway No. 774
to its intersection with the north boundary of the south east quarter of
legal subdivision three (3) of the said
section thirty-six (36);
Thence westerly along the said north boundary of the south east quarter of
legal subdivision three (3) to its intersection with the said one thousand
four hundred two (1,402) metre (4,600 foot) contour line;
Thence southerly, northerly, southerly and northerly along the said contour
line to the point of commencement, as shown upon a map or plan of record in
the Department of Environmental Protection at Edmonton as No. P0377
General.
SAVING AND EXCEPTING:
All those portions of the described lands required for the said
secondary highway No. 774.
The lands herein described contain ninety-four and one hundred sixty
thousandths (94.160) hectares (232.67 acres), more or less.
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GOVERNMENT NOTICES
COMMUNITY DEVELOPMENT
NOTICE OF INTENTION TO DESIGNATE REGISTERED HISTORIC RESOURCE
(Historical Resources Act)
File No. Des 1665
Notice is hereby given that sixty days from the date of service of this
Notice, the Minister of Community Development intends to make an Order that
the building known as the Bruin Inn, together with the land legally
described as plan G, block 4, lot 73, excepting thereout all mines and
minerals, and municipally located at 24 Perron Street, St. Albert, Alberta
be designated a Registered Historic Resource under
section 15 of the
Historical Resources Act, R.S.A. 1980 c.H-8 as amended.
Dated September 11, 1998. Dr. W.J. Byrne, Assistant
Deputy Minister.
_______________
File No. Des 1970
Notice is hereby given that sixty days from the date of service of this
Notice, the Minister of Community Development intends to make an Order that
the building known as the Hester Apartments, together with the land legally
described as plan Calgary 5760GA, lot A, excepting thereout the easterly 3
feet of the said lot "A" which lies to the south of the northerly 25 feet
thereof, and municipally located at 1306-4 Street, S.W., Calgary, Alberta
be designated a Registered Historic Resource under
section 15 of the
Historical Resources Act, R.S.A. 1980 c.H-8 as amended.
Dated August 26, 1998. Mark Rasmussen, Assistant
Deputy Minister.
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ECONOMIC DEVELOPMENT
HOSTING EXPENSES EXCEEDING $600.00
For the quarter April 1 - June 1, 1998
Function: Tourism Marketing Consultations
Date: May 1998
Amount: $18,368.53
Purpose: To solicit input on the future of Tourism Marketing in Alberta.
Location: Edmonton, Alberta; Peace River, Alberta; Fort McMurray, Alberta;
Calgary, Alberta; Lethbridge, Alberta; Red Deer, Alberta
Function: Rendezvous Canada 1998 "Alberta Days" Luncheon
Date: May 11, 1998
Amount: $3,840.00
Purpose: To achieve awareness and support for the Alberta Advantage through
worldwide promotion.
Location: Quebec City, Quebec
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ENERGY
UNIT AGREEMENT
(Mines and Minerals Act)
Notice is hereby given, pursuant to
section 146 of the Mines and Minerals
Act, that the Minister of Energy on behalf of the Crown has executed
counterparts of the agreement entitled "Unit Agreement - Crossfield East
Elkton "G" Unit No. 1", and that the unit became effective on August
1,1998.
UNIT AGREEMENT
(Mines and Minerals Act)
Notice is hereby given, pursuant to
section 146 of the Mines and Minerals
Act, that the Minister of Energy on behalf of the Crown has executed
counterparts of the agreement entitled "Unit Agreement - Medicine River
Pekisko "B" Pool Unit" with respect to the Pekisko Formation in M5 R03
T040: 4N,SE,L3,L6; 8; and that the enlargement became effective August 1,
ENVIRONMENTAL PROTECTION
Alberta Fishery Regulations
Notice of Variation Order 28-98
Commercial Fishing Seasons
The close times and quotas set out in
Schedule 8 to the Alberta Fishery
Regulations in respect of the waters listed in the
Schedule to this Notice
have been varied by Variation Order 28-98 of the Director in accordance
with
section 3 of the Alberta Fishery Regulations.
Where fishing with gill nets is permitted during an open season established
by the Order, the gill net mesh size has been specified in the Order.
Pursuant to Variation Order 28-98 commercial fishing is permitted in
accordance with the following schedule.
SCHEDULE
PART 1
Item - 3.
Column 1 Waters - In respect of:
(1) Bourque Lake (66-4-W4)
Column 2 Gear - Trap net
Column 3 Open Time - 08:00 hours November 15, 1998 to 16:00 hours December
18, 1998.
Column 4 Species and Quota - 1) Lake whitefish: 4,550 kg; 2) Walleye: 1 kg;
3) Yellow perch: 1 kg; 4) Northern pike: 1 kg; 5) Tullibee: 3,000 kg; 6)
Lake trout: 1 kg
Column 1 Waters -
(3) Cold Lake (64-1-W4)
Column 2 Gear - Trap Net
Column 3 Open Time - 08:00 hours September 3, 1998 to 16:00 hours December
18, 1998.
Column 4 Species and Quota - 1) Lake whitefish: 20,000 kg; 2) Walleye: 1
kg; 3) Yellow perch: 1 kg; 4) Northern pike: 1 kg; 5) Tullibee: 1 kg; 6)
Lake trout: 1 kg
Column 1 Waters -
(17) All Other Waters
(1) Hilda Lake (63-3-W4)
Column 2 Gear - Trap Net
Column 3 Open Time - 08:00 hours October 21, 1998 to 16:00 hours October
30, 1998
Column 4 Species and Quota - 1) Lake whitefish: 1 kg; 2) Walleye: 1 kg; 3)
Yellow perch: 1 kg; 4) Northern pike: 1 kg; 5) Tullibee: 4,550 kg; 6) Lake
trout: 1 kg
Column 1 Waters -
(2) All Other Waters
Column 2 Gear - Trap Net
Column 3 Open Time - closed
Column 4 Species and Quota - 1) Lake whitefish: 1 kg; 2) Walleye: 1 kg; 3)
Yellow perch: 1 kg; 4) Northern pike: 1 kg; 5) Tullibee: 1 kg; 6) Lake
trout: 1 kg
________________________________________________________________________
INTERGOVERNMENTAL AND ABORIGINAL AFFAIRS
Alberta's NAFTA Financial Services Reservations
NAFTA Annex VII(
A) Pursuant to the Alberta International Trade and Investment Agreements
Implementation Act (RSA 1980,
Chapter I-6.9, s.3), the Government of
Alberta, by Order in Council 17\96 on January 10, 1996, approved the North
American Free Trade Agreement (NAFTA). In the implementation of the NAFTA,
the Government of Alberta, pursuant to NAFTA
Article 1409, set out certain
non-conforming provincial measures in
Section A of the Canadian
schedule to
NAFTA Annex VII.
The NAFTA contains the following description of the contents of Annex VII,
and is included as an aid in the
interpretation of the Alberta
reservations.
Section A of the
Schedule of a Party sets out the reservations taken
by that Party, pursuant to
Article 1409(1) (Financial Services), with
respect to existing measures that do not conform with obligations imposed
by:
(
a) Article 1403 (Establishment of Financial Institutions);
(
b) Article 1404 (Cross-Border Trade);
(
c) Article 1405 (National Treatment);
(
d) Article 1406 (Most-Favored-Nation Treatment);
(
e) Article 1407 (New Financial Services and Data Processing); or
(
f) Article 1408 (Senior Management and Boards of Directors).
2. Each reservation in
Section A sets out the following elements:
(
a) Sector refers to the general sector in which the reservation is
taken;
(
b) Sub-Sector refers to the specific sector in which the
reservation is taken;
(
c) Industry Classification refers, where applicable, to the
activity covered by the reservation according to domestic industry
classification codes;
(
d) Type of Reservation specifies the obligation referred to in
paragraph 1 for which the reservation is taken;
(
e) Level of Government indicates the level of government
maintaining the measure for which the reservation is taken;
(
f) Measures identifies the laws, regulations or other measures, as
qualified by the Description element, for which the reservation is taken.
A measure cited in the Measures element
(
i) means the measure as amended, continued or renewed as of
the date of entry into force of this Agreement, and
(ii) includes any subordinate measure adopted or maintained
under the authority of and consistent with the measure;
(
g) Description sets out references, if any, for liberalization on
the date of entry into force of this Agreement pursuant to other sections
of a Party's
Schedule to this Annex, and the remaining non-conforming
aspects of the existing measures for which the reservation is taken; and
(
h) Phase-Out sets out commitments, if any, for liberalization
after the date of entry into force of this Agreement.
3. In the
interpretation of a reservation, all elements of the
reservation shall be considered. A reservation shall be interpreted in the
light of the relevant provisions of the
Chapter against which the
reservation is taken. To the extent that:
(
a) the Phase-Out element provides for the phasing out of the
non-conforming aspects of measures, the Phase-Out element shall prevail
over all other elements;
(
b) the Measures element is qualified by a specific reference in
the Description element, the Measures element as so qualified shall prevail
over all other elements; and
(
c) the Measures element is not so qualified, the Measures element
shall prevail over all other elements, unless any discrepancy between the
Measures element and the other elements considered in their totality is so
substantial and material that it would be unreasonable to conclude that the
Measures element should prevail, in which case the other elements shall
prevail to the extent of that discrepancy.
Section B of the
Schedule of a Party sets out reservations taken by
the Party, pursuant to
Article 1409(2), for measures the Party may adopt or
maintain that do not conform with obligations imposed by
Article 1403,
1404, 1405, 1406, 1407 or 1408.
Section C of the
Schedule of a Party sets out the commitments to
liberalize measures undertaken by that Party pursuant to
Article 1409(3).
6. For purposes of this Annex:
CMAP means Clasificaci¢n Mexicana de Actividades y Productos (CMAP) numbers
as set out in Instituto Nacional de Estad¡stica, Geograf¡a e Inform tica,
Clasificaci¢n Mexicana de Actividades y Productos, 1988;
CPC means Central Product Classification (CPC) numbers as set out in
Statistical Office of the United Nations, Statistical Papers, Series M, No.
77, Provisional Central Product Classification, 1991; and
SIC means:
(
a) with respect to Canada, Standard Industrial Classification
(SIC) number as set out in Statistics Canada, Standard Industrial
Classification, fourth edition, 1980; and
(
b) with respect to the United States, Standards Industrial
Classification (SIC) numbers as set out in the United States Office of
Management and Budget, Standard Industrial Classification Manual, 1987.
These reservations were formally filed with the NAFTA countries on January
1, 1994, and are published here for transparency purposes.
Sector: Finance and Insurance Industries
Sub-Sector: Deposit Accepting Intermediary Industries
Industry Classification: 703 Trust Companies
Type of Reservation: Senior Management and Boards of Directors (Article 1408)
Level of Government: Provincial - Alberta
Measures: Loan and Trust Corporations Act, R.S.A. 1980, c. L-26.5
Description: At least 3/4 of the directors of a provincial corporation
(a corporation incorporated or continued under the Loan and Trust
Corporations Act) must be ordinarily resident in Canada.
Phase-Out: None
Sector: Finance and Insurance Industries
Sub-Sector: Deposit Accepting Intermediary Industries
Industry Classification: 705 - Credit Unions
Type of Reservation: Establishment of Financial Institutions
(Article 1403)
National Treatment (Article 1405)
Senior Management and Boards of Directors (Article 1408)
Level of Government: Provincial - Alberta
Measures: Credit Union Act, R.S.A. 1980., c. C-31.1
Description: Only Alberta residents can incorporate a credit union in
Alberta.
A director of a credit union must be a Canadian citizen or a person
who has been lawfully admitted into Canada for permanent residence.
3/4 of the directors of a credit union must at all times be
ordinarily resident in Alberta.
Business powers of extra-provincial credit unions are limited to
taking the steps necessary to collect or enforce an obligation owed to it
as a result of a transaction conducted in and under the laws of another
jurisdiction.
Phase-Out: None
Sector: Finance and Insurance Industries
Sub-Sector: Investment Intermediary Industries
Industry Classification: 721 - Portfolio Investment Intermediaries
Type of Reservation: Cross-Border Trade (Article 1404)
Level of Government: Provincial - Alberta
Measures: National Policy Statement No. 39,
Section 7 (policy statement
issued by all of the securities regulatory authorities in Canada)
Description: Mutual funds that offer securities in Canada must use a
custodian resident in Canada. A non-resident custodian may be used if it
has shareholders' equity of at least $100 million.
Phase-Out: None
Sector: Finance and Insurance Industries
Sub-Sector: Investment Intermediary Industries
Other Financial Intermediary Industries
Industry Classification: 721 - Portfolio Investment Intermediaries
741 - Securities Brokers and Dealers
743 - Securities and Commodities Exchanges
Type of Reservation: Cross-Border Trade (Article 1404)
Level of Government: Provincial - Alberta
Measures: Securities Act, S.A. 1981, c. S-6.1, as am.
Description: Any person or company trading in securities or exchange
contracts (commodities) must be registered, unless an exemption is
available. Trades in securities and exchange contracts made through a
dealer registered in Alberta are exempted. No exemption is available for
trades in securities made through dealers operating on a cross-border
basis. Trades in exchange contracts resulting from an unsolicited order
placed with an individual who is not a resident of, and does not carry on
business, in Alberta are exempt.
Phase-Out: None
Sector: Finance and Insurance Industries
Sub-Sector: Other Financial Intermediary Industries
Industry Classification: 742 - Mortgage Brokers
Type of Reservation: Establishment of Financial Institutions (Article
1403)
National Treatment (Article 1405)
Level of Government: Provincial - Alberta
Measures: Mortgage Brokers Regulation Act, R.S.A. 1980, c. M-19
Description: Individuals must be Alberta resident and resident of
Canada for not less than 3 months to be registered.
Phase-Out: None
Sector: Finance and Insurance Industries
Sub-Sector: Insurances Industries
Industry Classification: 731 - Life Insurers
732 - Deposit Insurers
733 - Property and Casualty Insurers
Type of Reservation: National Treatment (Article 1405)
Level of Government: Provincial - Alberta
Measures: Insurance Act, R.S.A. 1980, c.I-5
Description: A guarantee fund must be maintained in a minimum amount
of $50,000, except:
when a fire insurance exchange has a principal office in Alberta, the
minimum size of the guarantee fund is reduced to $2,000, and when an
automobile insurance exchange has a principal office in Alberta the minimum
size of the guarantee fund is reduced to $10,000 for the first year of
operation and $25,000 thereafter.
Phase-Out: None
Sector: Finance and Insurance Industries
Sub-Sector: Investment Intermediary Industries
Other Financial Intermediary Industries
Industry Classification: 721 - Portfolio Investment Intermediaries
741 - Securities Brokers and Dealers
743 - Securities and Commodities Exchanges
Type of Reservation: Senior Management and Boards of Directors (Article
1408)
Level of Government: Provincial - Alberta
Measures: Securities Act, S.A. 1981, c. S-6.1, as am.
Description: Registration may be refused to a company if a director
has not been a resident of Canada for at least a year immediately prior to
the date of application, or has been registered for at least a year under
the laws of another jurisdiction.
Phase-Out: None
Sector: Finance and Insurance Industries
Sub-Sector: Investment Intermediary Industries
Other Financial Intermediary Industries
Industry Classification: 721 - Portfolio Investment Intermediaries
741 - Securities Brokers and Dealers
743 - Securities and Commodities Exchanges
Type of Reservation: Establishment of Financial Institutions (Article
1403)
National Treatment (Article 1405)
Level of Government: Provincial - Alberta
Measures: Securities Act, S.A. 1981, c. S-6.1, as am.
Description: An individual applicant for registration is required to
have been a resident of Canada for at least one year prior to the
application and a resident of Alberta on the date of the application.
Phase-Out: None
Sector: Finance and Insurance Industries
Sub-Sector: Insurances Industries
Industry Classification: 731 - Life Insurers
732 - Deposit Insurers
733 - Property and Casualty Insurers
Type of Reservation: Establishment of Financial Institutions (Article
1403)
National Treatment (Article 1405)
Level of Government: Provincial - Alberta
Measures: Insurance Act, R.S.A. 1980, c.I-5
Description: No licensed insurer shall insure a risk in Alberta unless
the risk has been approved by an agent of the insurer who is resident in
Alberta and who holds a certificate of authority from the Superintendent.
The resident agent shall sign the policies, make a record of
them and receive a portion of the commission paid in respect of the risk
situated in Alberta.
Phase-Out: None
_______________
Alberta's NAFTA Qualitative Restrictions Reservations
NAFTA Annex V
Pursuant to the Alberta International Trade and Investment Agreements
Implementation Act (RSA 1980,
Chapter I-6.9, s. 3), the Government of
Alberta, by Order in Council 17\96 on January 10, 1996, approved the North
American Free Trade Agreement (NAFTA). In the implementation of the NAFTA,
the Government of Alberta, pursuant to NAFTA
Article 1207, set out certain
non-conforming provincial measures in the Canadian
schedule to NAFTA Annex
The NAFTA contains the following description of the contents of Annex V,
which is included as an aid in the
interpretation of the Alberta
reservations.
1. The
Schedule of a Party sets out the non-discriminatory quantitative
restrictions maintained by that Party pursuant to
Article 1207.
2. Each entry sets out the following elements:
(
a) Sector refers to the general sector in which the quantitative
restriction is maintained;
(
b) Sub-Sector refers to the specific sector in which the
quantitative restriction is maintained;
(
c) Industry Classification refers, where applicable, to the
activity covered by the quantitative restriction according to domestic
industry classification codes;
(
d) Level of Government indicates the level of government
maintaining the quantitative restriction;
(
e) Measures identifies the measures under which the quantitative
restriction is maintained; and
(
f) Description sets out the scope of the sector, sub-sector or
activities covered by the quantitative restriction.
3. For purposes of this Annex:
CMAP means Clasificaci¢n Mexicana de Actividades y Productos (CMAP) numbers
as set out in Instituto Nacional de Estad¡stica, Geograf¡a e Inform tica,
Clasificaci¢n Mexicana de Actividades y Productos, 1988;
CPC means Central Product Classification (CPC) numbers as set out in
Statistical Office of the United Nations, Statistical Papers, Series M, No.
77, Provisional Central Product Classification, 1991; and
SIC means:
(
a) with respect to Canada, Standard Industrial Classification
(SIC) numbers as set out in Statistics Canada, Standard Industrial
Classification, fourth edition, 1980; and
(
b) with respect to the United States, Standard Industrial
Classification (SIC) numbers as set out in the United States Office of
Management and Budget, Standard Industrial Classification Manual, 1987.
These reservations were formally filed with the NAFTA countries on January
1, 1995, and are published here for transparency purposes.
Sector: Business Service Industries
Sub-Sector: Advertising Services
Industry Classification: 7741 Advertising Services
7742 Media Representatives
7749 Other Advertising Services
7799 Other Business Services (n.e.c.)
Level of Government: Provincial (Alberta)
Measures: Public Contributions Act, R.S.A. 1981, c. P-26
Description: Approval by a municipal approving authority or the
provincial Director is required prior to anyone undertaking charitable
campaign within the Province. Approving authorities may refuse approval
based on the number of charitable campaigns
Sector: Wholesale Trade Industries
Sub-Sector: Food, Beverage, Drig and Tobacco Industries, Wholesale
Industry Classification: 5212 Frozen Foods (packaged) Wholesale
5215 Fish and Serafood, Wholesale
Level of Government: Provincial (Alberta)
Measures: Fish Marketing Act, R.S.A. 1980, c. F-12
Description: Freshwater Fish Marketing Corporation has the exclusive
right to buy, distribute and market fish in Alberta.
Phase-Out: None
Sector: Other Utility Industries
Sub-Sector: Electric Power Systems Industry
Industry Classification: 4911 Electric Power Systems Industry
Level of Government: Provincial (Alberta)
Measures: Hydro and Electric Energy Act, R.S.A. 1980, c. H-13
Description: No person may construct or operate an electric
distribution system without Approval of the Board. The Board must be
satisfied that it is in the public interest to give such approval having
regard to the present and future need for the extension of electric service
and other factors. The approval by the Board must include a designation of
a service area.
_______________
Alberta's NAFTA Investment and Cross-Border
Trade in Services Reservations
NAFTA Annex I
Pursuant to the Alberta International Trade and Investment Agreements
Implementation Act (RSA 1980,
Chapter I-6.9, s.3), the Government of
Alberta, by Order in Council 17\96 on January 10, 1996, approved the North
American Free Trade Agreement (NAFTA). In the implementation of the NAFTA,
the Governments of Canada, United States of America, and the United Mexican
States agreed to the following reservation for provincial and territorial
measures on March 29, 1996, pursuant to NAFTA Articles 1108 and 1206:
Sector: All Sectors
Sub-Sector:
Industry Classification:
Type of Reservation: National Treatment (1102,1202)
Most-Favoured Nation Treatment (1103, 1203)
Local Presence
(1205) Performance Requirements
(1106) Senior Management and Boards of Directors
(1107) Level of Government: Provincial
Measures: All existing non-conforming measures of
all provinces and territories
Description:
Phase-Out: None
The NAFTA contains the following description of the contents of Annex I,
which is included as an aid in the
interpretation of this reservation:
1. The
Schedule of a Party sets out, pursuant to Articles 1108(1)
(Investment), 1206(1) (Cross-Border Trade in Services) and 1409(4)
(Financial Services), the reservations taken by that Party with respect to
existing measures that do not conform with obligations imposed by:
(
a) Article 1102, 1202 or 1405 (National Treatment),
(
b) Article 1103, 1203 or 1406 (Most-Favored-Nation Treatment),
(
c) Article 1205 (Local Presence),
(
d) Article 1106 (Performance Requirements), or
(
e) Article 1107 (Senior Management and Boards of Directors),
and, in certain cases, sets out commitments for immediate or future
liberalization.
2. Each reservation sets out the following elements:
(
a) Sector refers to the general sector in which the reservation is
taken;
(
b) Sub-Sector refers to the specific sector in which the
reservation is taken;
(
c) Industry Classification refers, where applicable, to the
activity covered by the reservation according to domestic industry
classification codes;
(
d) Type of Reservation specifies the obligation referred to in
paragraph 1 for which a reservation is taken;
(
e) Level of Government indicates the level of government
maintaining the measure for which a reservation is taken;
(
f) Measures identifies the laws, regulations or other measures, as
qualified, where indicated, by the Description element, for which the
reservation is taken. A measure cited in the Measures element
(
i) means the measure as amended, continued or renewed as of
the date of entry into force of this Agreement, and
(ii) includes any subordinate measure adopted or maintained
under the authority of and consistent with the measure;
(
g) Description sets out commitments, if any, for liberalization on
the date of entry into force of this Agreement, and the remaining
non-conforming aspects of the existing measures for which the reservation
is taken; and
(
h) Phase-Out sets out commitments, if any, for liberalization
after the date of entry into force of this Agreement.
3. In the
interpretation of a reservation, all elements of the
reservation shall be considered. A reservation shall be interpreted in the
light of the relevant provisions of the Chapters against which the
reservation is taken. To the extent that:
(
a) the Phase-Out element provides for the phasing out of
non-conforming aspects of measures, the Phase-Out element shall prevail
over all other elements;
(
b) the Measures element is qualified by a liberalization
commitment from the Description element, the Measures element as so
qualified shall prevail over all other elements; and
(
c) the Measures element is not so qualified, the Measures element
shall prevail over all other elements, unless any discrepancy between the
Measures element and the other elements considered in their totality is so
substantial and material that it would be unreasonable to conclude that the
Measures element should prevail, in which case the other elements shall
prevail to the extent of that discrepancy.
4. Where a Party maintains a measure that requires that a service
provider be a citizen, permanent resident or resident of its territory as a
condition to the provision of a service in its territory, a reservation for
that measure taken with respect to
Article 1202, 1203 or 1205 or
Article
1404, 1405 or 1406 shall operate as a reservation with respect to
Article
1102, 1103 or 1106 to the extent of that measure.
5. For purposes of this Annex:
CMAP means Clasificaci¢n Mexicana de Actividades y Productos (CMAP) numbers
as set out in Instituto Nacional de Estad¡stica, Geograf¡a e Inform tica,
Clasificaci¢n Mexicana de Actividades y Productos, 1988;
concession means an authorization provided by the State to a person to
exploit a natural resource or provide a service, for which Mexican
nationals and Mexican enterprises are granted priority over foreigners;
CPC means Central Product Classification (CPC) numbers as set out in
Statistical Office of the United Nations, Statistical Papers, Series M, No.
77, Provisional Central Product Classification, 1991;
foreigners' exclusion clause means the express provision in an enterprise's
by-laws stating that the enterprise shall not allow foreigners, directly or
indirectly, to become partners or shareholders of the enterprise;
international cargo means goods that have an origin or destination outside
the territory of a Party;
Mexican enterprise means an enterprise constituted under the law of Mexico;
and
SIC means:
(
a) with respect to Canada, Standard Industrial Classification
(SIC) numbers as set out in Statistics Canada, Standard Industrial
Classification, fourth edition, 1980; and
(
b) with respect to the United States, Standard Industrial
Classification (SIC) numbers as set out in the United States Office of
Management and Budget, Standard Industrial Classification Manual, 1987.
This reservation applies to all provincial non-conforming measures which
were in existence as at January 1, 1994. For transparency purposes, and
without limiting the generality of the reservation described above, the
following is an illustrative list of the types of Alberta measures that are
covered by this reservation:
Measures: Industrial Benefit Policy
Description: Investment
When issuing permits for large scale projects, including Industrial
Development, Forest Management, Oil Sands , Power Plant or Gas Plant Coal
Development Permits, Alberta may require that first consideration be given
to suppliers from within Alberta or Canada where competitive in terms of
price and quality.
Measures: Alberta Government Telephones Reorganization Act, R.S.A. 1980,
c. A-23.5
Description: Investment
When making an offering of voting shares to the public at large, the
offering must be made to Alberta residents alone or in common with
non-residents of Alberta. "Non-residents" include individuals not
ordinarily resident in Alberta, corporations with its heads office outside
Alberta and corporations controlled, directly or indirectly, by
non-residents
The number of voting shares that may be held by non-residents of
Canada is limited to 10% of the total number of issued and outstanding
voting shares.
Measures: Vencap Equities Alberta Act, R.S.A. 1980, c. V-1.5
Description: Investment
The Act establishes "Vencap Equities Alberta", a venture capital
fund. The bylaws which are included in this Act provide, in part, that no
common share of Vencap can be transferred to:
an individual that is not a Canadian citizen or ordinarily
resident in Canada, or
a company that does not have a majority of directors or
shareholders that are Canadian citizens or ordinarily resident in Alberta
Measures: Licensing of Trades and Businesses Act, R.S.A. 1980, c. L-14
Funeral Services Regulation
Description: Cross Border Services
To be licensed as funeral directors, applicants must have worked in
Alberta for 1 year full-time, or 2 years part-time.
Measures: Mortgage Brokers Regulation Act, R.S.A. 1980, c. M-19
Description: Cross Border Services
An individual must be an Alberta resident and a resident of Canada
for not less than 3 months immediately prior to the date of his application
for registration.
In order to be eligible for registration, a partnership or
corporation must maintain a business office in Alberta and designate a
representative who must meet the residency requirements, described above,
and be bonded.
Measures: Real Estate Agents' Licensing Act, R.S.A. 1980, c. R-5
Description: Cross Border Services
An individual is not eligible to be licensed as an agent unless the
individual is resident in Alberta and has been a resident of Canada for not
less than 3 months immediately prior to the application for a license.
An applicant is not eligible to be licensed and an agent is not
eligible to continue to hold a license unless the applicant or agent
individually, or at least one member of a partnership or corporation,
maintains a business office in Alberta. "Business office" means the space
used as an office for the purpose of trading in real estate.
Measures: Legal Profession Act, R.S.A. 1980, c. L-9, L-9.1
Description: Cross Border Services and Investment
To be enrolled as a member of the Law Society of Alberta, a person
must show that he is a Canadian citizen or lawfully admitted into Canada
for permanent residence.
A person may be admitted as a "student-at-law" by satisfying certain
educational requirements. These educational requirements may not be
required of
a) a person with three year's standing as a lawyer in another
Canadian province or in England, Scotland, Northern Ireland, Eire, New
Zealand or Australia, or
b) a solicitor of the Supreme Court of Judicature in England who has
been performing, in Alberta, services of a legal nature for the Department
of Justice of Alberta of the Government of Alberta for at least 3 years of
a five year period immediately preceding the application for enrollment.
Measures: Liquor Control Act, R.S.A. 1980, c. L-17, Liquor
Administration Regulation
Description: Cross Border Services and Investment
Liquor licenses are restricted to an adult who is a Canadian citizen
or lawfully admitted to Canada for permanent residence.
Measures: Chartered Accountants Act, R.S.A. 1980, c. C-5.1
Description: Cross Border Services and Investment
In order to be eligible to be registered as a student or as a
chartered accountant, a person must show that he is a Canadian citizen or
lawfully admitted into Canada for permanent residence.
Measures: Certified General Accountants Act, R.S.A. 1980, c. C-3.6
Description: Cross Border Services and Investment
A person must be registered in order to carry on an "exclusive
accounting practice" as defined in the Act. In order to be registered as a
student or as a certified general accountant, a person must show that he is
a Canadian citizen or lawfully admitted into Canada for permanent
residence.
Measures: Certified Management Accountants Act, S.A. 1987, c. C-3.8
Alberta Regulation #159/88
Description: Cross Border Services
An applicant for registration as a student member must establish that
he is a resident Albertan. Except for members of other Canadian management
accountant societies, a person must complete a two year student program
before being registered as a member of the Society.
Measures: Agricultural and Recreational Land Ownership Act, R.S.A. 1980,
c. A-9
Foreign Ownership of Land Regulation
Land Titles Act, R.S.A. 1980, c. L-5
Description: Investment
Non-Canadian companies and individuals may not purchase more than two
parcels, and in total, not more than 20 acres of non-urban land.
The Registrar of Land Titles shall refuse to register a transfer or
transmission of any estate or interest in land, or to register any caveat,
or to file a plan of subdivision if he believes it will be contrary to the
regulations of the Agricultural and Recreational Land Ownership Act and
section 33 (now 35) of the Citizenship Act (Canada).
Measures: Public Lands Act, R.S.A. 1980, c. P-30
Description: Investment
The Minister shall not sell land to a person who is not a Canadian
citizen or to a corporation that is not Canadian. Not less than 75% of
equity shares must be Canadian owned in order for corporation to qualify as
Canadian.
Measures: Public Lands Act, R.S.A. 1980, c. P-30
Public Lands Grazing Lease Regulation
Farm Development and Homestead Regulation
Forest Grazing License Regulation
Description: Investment
Only a Canadian citizen or a Canadian corporation may obtain:
a grazing lease on public lands, or
a lease or sale agreement for public lands, or
a forest grazing license.
A corporation is considered a "Canadian corporation" if a majority of
its shares are owned by Canadian citizens.
Measures: Forest Reserves Act, R.S.A. 1980, c. F-15
General Regulations (Alberta Regulation #604/75)
Description: Investment
Grazing permits on public lands within forest reserves are restricted
to Canadian citizens. Preference quotas are also given to Alberta
residents.
Measures: Provincial Parks Act, R.S.A. 1980, c. P-22
Disposition Regulations (Alta. Reg. # 241/77)
Description: Investment
Grazing dispositions within provincial parks will only be issued to a
corporation if the majority of its shares are owned by Canadian citizens
resident in Alberta.
Measures: Policy
Description: Investment
Applications for the disposition of public lands for residential,
commercial or industrial purposes are accepted from individuals who are
Canadian Citizens or from Corporations that have 75% or more Canadian
ownership. Corporate applications for surface dispositions for resource
extraction purposes are not required to have the minimum 75% Canadian
ownership.
Measures: Commercial Fishing Licensing Policy
Description: Cross Border Services and Investment
Issuance of commercial fishing licenses is restricted to Alberta
residents who also meet other criteria.
Measures: Fish Marketing Act, R.S.A. 1980, c. F-12, Game Fish Farm
Regulation
Description: Cross Border Services and Investment
A non-resident shall not apply for or possess a Private Game Fish
Farm Licence or a Commercial Game Fish Farm Licence.
Measures: Wildlife Act, R.S.A. 1980, c. W-9.1
Captive Wildlife Regulation,
Captive Wildlife (Ministerial) Regulation
General Wildlife Regulation
General Wildlife (Ministerial) Regulation
Description: Cross Border Services and Investment
Various permits and licenses under these regulations are restricted
to Alberta resident individuals or corporations whose shareholders are
Alberta residents:
fur management licenses,
guide and outfitter guide permits, and
zoo, falconry, game-bird farm permits.
A "wildlife acquisition permit" is necessary for a non-Alberta
resident to purchase wildlife for export from Alberta.
________________________________________________________________________
MUNICIPAL AFFAIRS
The Registrar's Periodical, corporate registration, incorporation and other
notices of the Corporate Registry are listed at the end of this issue.
________________________________________________________________________
ALBERTA OPPORTUNITY COMPANY
LOAN AUTHORIZATIONS FOR THE MONTH OF JULY, 1998
(Alberta Opportunity Fund Act)
581244 Alberta Ltd. Grande Cache. Motel & Restaurant
Majority Owners: Gail Wright, Garry Wright.
Loan Authorized: 300,000.
Purpose: Restructure debt, Renovations, Equipment.
727285 Alberta Ltd. Manning. Service station & car wash.
Majority Owners: Christopher DeLeeuw, Bernita DeLeeuw.
Loan Authorized: 18,000.
Purpose: Renovations.
758204 Alberta Ltd. Brooks. Supplier of premises.
Majority Owners: Myles Paddock, Diana Paddock.
Loan Authorized: 250,000.
Purpose: Land & buildings.
Arctic Energy Systems Ltd. Wembley. Pressure testing.
Majority Owners: Cory Young.
Loan Authorized: 220,000.
Purpose: Establish new business.
Arlyn Enterprises Ltd. Calgary. Packager & Distributor.
Majority Owners: Murray Flegel, William Dickson.
Loan Authorized: 300,000.
Purpose: Support operating line of credit through Bank guarantee.
Asplund & Klone-Asplund. Barons. Custom iron products.
Majority Owners: Kirk Asplund, Shirley Klone-Asplund.
Loan Authorized: 20,000.
Purpose: Equipment, Working capital.
Grande Meadow Equine Center Inc. Grande Prairie. Equine care facility.
Majority Owner: Brent Miller, Michelle Miller.
Loan Authorized: 242,000.
Purpose: Establish new business.
Grizzly Automotive Inc. Grande Prairie. Automotive service & repair.
Majority Owners: Kenneth Steinbru.
Loan Authorized: 18,000.
Purpose: Restructure debt.
H & D Sparrow Investments Inc. Sedgewick. Tire shop, Mechanical auto
repair.
Majority Owners: Hal Sparrow, Donna Sparrow.
Loan Authorized: 500,000.
Purpose: Construct new building.
Jentel Manufacturing Ltd. Calgary. Plastic manufacturing.
Majority Owners: Ralph Hahn, Klaus Hahn.
Loan Authorized: 113,000.
Purpose: Equipment, Restructure debt.
Learmont, C. Medicine Hat. Music & sound production.
Majority Owners: Donald Craig Learmont.
Loan Authorized: 15,000.
Purpose: Equipment.
Millview Development Corporation. Whitecourt. Bowling, lounge, arcade.
Majority Owners: Arthur Martin.
Loan Authorized: 640,000.
Purpose: Land, Building, Equipment.
Motco Holdings Ltd. Edson. Truck & RV wash.
Majority Owners: Rodney Motkoski, Candy Motkoski.
Loan Authorized: 150,000.
Purpose: Building, Equipment.
Parkland Store & Campground Ltd. Rimbey. Store & campground.
Majority Owners: Andy Rivest, Signe Rivest.
Loan Authorized: 200,000.
Purpose: Site improvements, Equipment.
Plant Pro Ltd. Pincher Creek. Oilfield supply, service & rentals.
Majority Owners: George Sulava, Margret Soderstrom.
Loan Authorized: 32,000.
Purpose: Equipment.
Ponoka Cabinet Makers Ltd. Ponoka. Manufacturer of cabinets.
Majority Owners: Gordon Walls, Carol Walls.
Loan Authorized: 30,000.
Purpose: Equipment.
Prairie Signs
(1980) Ltd. Grande Prairie. Commercial signage.
Majority Owners: Melvin Quick, Kirk Quick.
Loan Authorized: 15,000.
Purpose: Building repair.
Prism 2000 Inc. Grande Prairie. Retail / Commercial paint & glass.
Majority Owners: Curtis Siddon, Erin O'Brien McBride.
Loan Authorized: 72,000.
Purpose: Purchase existing business.
Sharks Billiards & Sports Lounge (Valleyview) Ltd. Valleyview. Billiard &
sports lounge.
Majority Owners: Gregory Dobko.
Loan Authorized: 11,000.
Purpose: Site improvements.
Tanios, J. & W. Wainwright. Pizza restaurant.
Majority Owners: Joe Tanios, Wafaa Tanios.
Loan Authorized: 40,000.
Purpose: Renovations, Equipment.
Vassberg (tbi). Red Deer. Concrete cutting / coring.
Majority Owners: Keith Vassberg, Donna Vassberg.
Loan Authorized: 160,000.
Purpose: Equipment.
Vision Works Commercial Productions Inc. Calgary. Film transfer, video
duplication.
Majority Owners: Luke Azevedo, Brian Funfer.
Loan Authorized: 110,000.
Purpose: Equipment.
Visual Concepts & Design Ltd. Calgary. Visual display / Special events.
Majority Owners: Carley Underwood.
Loan Authorized: 90,000.
Purpose: Working capital, Restructure debt.
Wong, W. Calgary. Bakery / Cafe.
Majority Owners: Wai Cheong (Thomas) Wong.
Loan Authorized: 40,000.
Purpose: Leasehold improvements.
TRANSPORTATION AND UTILITIES
SALE OR DISPOSITION OF LAND
(Government Organization Act)
Name of Buyer: Canadian Tire Real Estate Limited
Consideration: $136,500.00
Land Description: Plan 9321247, Lot 18, containing 0.853 hectares (2.11
acres) more or less. Excepting thereout Road Plan 9823812, containing 0.076
hectares (0.19 acres) more or less, excepting thereout all mines and
minerals.
File: 14-MH-90(7)
Name of Buyer: Municipal District of Big Lakes
Consideration: $1.00
Land Description: Meridian 5, Range 12, Township 73,
Section 17, the whole
of Legal Subdivisions 12 and 13 and those portions of Legal Subdivisions 11
and 14 lying to the south and west of the road allowance adjoining
Driftpile Indian Reserve No. 150 as shown on a plan of survey of the said
township dated August 4, 1923, containing 57.262 hectares (141.40 acres)
more or less. Excepting thereout 1.97 acres more or less as shown on Road
Plan 3808 PX. Excepting thereout all mines and minerals and the right to
work the same.
File: 3077-255
Name of Buyer: Ronald Orville Gainsforth
Consideration: $3,680.00
Land Description: Plans 1346 L.Z. & 922 1098 within SE 11-46-1-4
________________________________________________________________________
TREASURY
INSURANCE NOTICE
(Insurance Act)
Notice is hereby given that pursuant to
section 295 of the Insurance Act,
the following Standard Automobile Policy SPF No. 1, is the policy approved
by the Superintendent of Insurance.
B.A. Rodrigues, Superintendent of Insurance.
ALBERTA STANDARD AUTOMOBILE POLICY
S.P.F. No. 1
PLEASE READ THIS CAREFULLY
INSURING AGREEMENTS
Now, Therefore in Consideration of the payment of the premium specified and
of the statements contained in the application and subject to the limits,
terms, conditions, provisions,
definitions and exclusions herein stated and
subject always to the condition that the Insurer shall be liable only under
the section(
s) or subsection(
s) of the following Insuring Agreements A, B,
C for which a premium is specified in Item 4 of the application and no
other.
SECTION A THIRD PARTY LIABILITY
The Insurer agrees to indemnify the Insured and, in the same manner and to
the same extent as if named herein as the Insured, every other person who
with his consent personally drives the automobile, or personally operates
any part thereof, against the liability imposed by law upon the Insured or
upon any such other person for loss or damage arising from the ownership,
use or operation of the automobile and resulting from
BODILY INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO PROPERTY
The Insurer shall not be liable under this section,
(
a) for any liability imposed by any workmen's compensation law
upon any person insured by this section; or
(
b) deleted
(
c) for loss or damage resulting from bodily injury to or the death
of any employee of any person insured by this
section while engaged in the
operation or repair of the automobile; or
(
d) for loss of or damage to property carried in or upon the
automobile or to any property owned or rented by, or in the care, custody
or control of any person insured by this section; or
(
e) deleted
(
f) deleted
(
g) for any amount in excess of the limit(
s) stated in
section A of
item 4 of the application and expenditures provided for in the Additional
Agreements of this section; subject always to the provisions of the
section
of the Insurance Act (Automobile Insurance Part) relating to the nuclear
energy hazard;
(
h) for any liability arising from contamination of property
carried in the automobile.
See also General Provisions,
Definitions, Exclusions and Statutory
Conditions of this Policy
ADDITIONAL AGREEMENTS OF INSURER
Where indemnity is provided by this
section the Insurer shall,
(1) upon receipt of notice of loss or damage caused to persons or
property, serve any person insured by this Policy by such investigation
thereof, or by such negotiations with the claimant, or by such settlement
of any resulting claims, as may be deemed expedient by the Insurer; and
(2) defend in the name and on behalf of any person insured by this
Policy and at the cost of the Insurer any civil action which may at any
time be brought against such person on account of such loss or damage to
persons or property; and
(3) pay all costs taxed against any person insured by this Policy
in any civil action defended by the Insurer and any interest accruing after
entry of judgment upon that part of the judgment which is within the
limit(
s) of the Insurer's liability; and
(4) in case the injury be to a person, reimburse any person insured
by this Policy for outlay for such medical aid as may be immediately
necessary at the time of such injury; and
(5) be liable up to the minimum limit(
s) prescribed for that
province or territory of Canada in which the accident occurred, if that
limit(
s) is higher than the limit(
s) stated in
section A of Item 4 of the
application; and
(6) not set up any defence to a claim that might not be set up if
the policy were a motor vehicle liability policy issued in the province or
territory of Canada in which the accident occurred.
AGREEMENTS OF INSURED
Where indemnity is provided by this section, every person insured by this
Policy
(
a) by the acceptance of this Policy, constitutes and appoints the
Insurer his irrevocable attorney to appear and defend in any province or
territory of Canada in which action is brought against the Insured arising
out of the ownership, use or operation of the automobile;
(
b) shall reimburse the Insurer, upon demand, in the amount which
the Insurer has paid by reason of the provisions of any statute relating to
automobile insurance and which the Insurer would not otherwise be liable to
pay under this Policy.
SECTION B ACCIDENT BENEFITS
The Insurer agrees to pay to or with respect to each insured person as
defined in this
section who sustains bodily injury or death directly and
independently of all other causes by an accident arising out of the use or
operation of an automobile.
SUBSECTION 1 MEDICAL PAYMENTS AND FUNERAL BENEFITS
(1) All reasonable expenses incurred within two years from the date
of the accident as a result of such injury for necessary medical, surgical,
chiropractic, dental, hospital, professional nursing, and ambulance service
and, in addition for such other services and supplies which are, in the
opinion of the insured person's attending physician and that of the
Insurer's medical adviser, essential for the treatment or rehabilitation of
said person, to the limit of $10,000 per person.
(1.1) Not withstanding subsection (1), any chiropractic
services provided under subsection (1) is limited to $500 per person.
(2) Funeral services up to the amount of $2,000 in respect to the
death of any one person.
The Insurer shall not be liable under this subsection for those portions of
such expenses payable or recoverable under any medical, surgical, dental or
hospitalization plan or law or, except for similar insurance provided under
another automobile insurance contract, under any other insurance contract
or certificate issued to or for the benefit of, any insured person.
SUBSECTION 2 DEATH AND TOTAL DISABILITY
Part I Death Benefits
A. Subject to the provisions of this
Part 1, for death, a payment of a
Principal Sum based on the age and status at the date of the accident of
the deceased in a household where the head of the household or the spouse
or dependents survive of the following amount:
Status of Deceased at
Date of Accident
Spouse in
Age of Deceased at Head of Two-parent Dependent
Date of Accident Household Households Relative
Up to age of 4 years $ 1,000
5 to 9 years 2,000
10 to 17 years $10,000 $10,000 3,000
18 to 64 years 10,000 10,000 2,000
65 to 69 years 10,000 10,000 2,000
70 years and over 10,000 10,000 1,000
In addition, with respect to death of head of household,
(
a) where there are two or more survivors being spouse and/or
dependent relatives the principal sum payable is increased 20% for each
survivor other than the first; and
(
b) where there are one or more survivors, being spouse and/or
dependent relatives, 1% of the total principal sum payable each week for a
period of 104 weeks. Any weekly benefit shall terminate upon death of all
such survivors.
For the purposes of this
Part I
(1) "head of household" means that member of a household with the
largest income in the year preceding the date of the accident;
(2) "dependent relative" means a person
(
a) under the age of 18 years for whose support the head of
household or the spouse of the head of household (or both of them) is
legally liable and who is dependent upon either or both of them for
financial support; or
(b) 18 years of age or over and residing in the same dwelling
premises as the head of household who, because of mental or physical
infirmity, is principally dependent upon the head of household or the
spouse of the head of household (or both of them) for financial support;
(3) the total sum payable shall be paid with respect to death of
head of household or spouse to the surviving spouse. If there is no
surviving spouse in the household, no amount shall be payable unless there
are surviving dependent relatives and in that event the total sum payable
shall be divided equally among the surviving dependent relatives;
(4) the total amount payable with respect to death due to a common
disaster of head of household and spouse shall be paid equally to surviving
dependent relatives;
(5) the sum payable with respect to the death of a dependent
relative shall be paid to the head of household or, if he does not survive,
to the surviving spouse of the head of household but, if neither the head
of household nor the spouse survives, no amount is payable;
(6) amounts payable under this
Part I shall be paid only to a
person who is alive 60 days after the death of the insured person;
(7) the amount payable under this
Part I for the death of any
person shall be reduced by the amount of any payments made to or for such
person with respect to the same accident under
Part II, Total Disability.
Part II Total Disability
A weekly benefit for the period during which the injury shall wholly and
continuously disable such insured person, provided
(
a) such person was employed at the date of the accident;
(
b) within 60 days from the date of the accident such injury
prevents him from performing any and every duty pertaining to his
occupation or employment;
(
c) no benefit shall be payable for the first seven days of such
disability or for any period in excess of 104 weeks.
Amount of Weekly Benefit The weekly benefit payable shall be the lesser
of:
(a) $300 per week, and
(b) 80% of the average gross weekly earnings, less any payments for
loss of income from employment received by or available to such insured
person under Subsection 2 (
A) or 2 (
B) of this
Section B.
The above benefits shall be subject to the terms of clause (3) below.
For the purpose of this
Part II,
(1) a spouse residing in the same dwelling premises as her husband
or his wife and not otherwise engaged in occupation or employment for wages
or profit, if injured, shall be deemed disabled only if completely
incapacitated and unable to perform any of her or his household duties and
while so incapacitated shall receive $100 per week for not more than 26
weeks.
(2) a person shall be deemed to be employed
(
a) if actively engaged in occupation or employment for wages
or profit at the date of the accident, or
(
b) if 18 years of age or over, so engaged for any six months
during the 12 months preceding the date of the accident.
(3) where the benefits for loss of time payable hereunder, together
with benefits for loss of time under another contract, including a contract
of group accident insurance and a life insurance contract providing
disability insurance, exceed the money value of the time of the insured
person, the Insurer is liable only for that proportion of the benefits for
loss of time stated in this Policy that the money value of the time of the
person insured bears to the aggregate of the benefits for loss of time
payable under all such contracts;
(4) the disability of the insured person shall be certified by a
duly qualified medical practitioner, if so required by the Insurer.
SUBSECTION 2(A) - SUPPLEMENTED BENEFITS RESPECTING ACCIDENTS OCCURRING
OUTSIDE ALBERTA IN A NO-FAULT JURISDICTION
(1) In this Subsection, 2(A)
(a) "accident" means an event resulting in bodily injury
caused by an automobile or by the use of an automobile or by the load of an
automobile, including damage caused by a trailer;
(b) "applicable laws" means, with respect to a no-fault
jurisdiction, the laws in force from time to time governing the system of
no-fault automobile insurance in that jurisdiction;
(c) "insured person" means an individual who is a resident of
Alberta and who
(
i) is an occupant of the described automobile or of a newly
acquired or temporary substitute automobile as defined in this policy,
(ii) is an occupant of an automobile and is
(
A) the named insured, or a spouse of the named insured
living in the same dwelling premises as the named insured, or
(
B) a dependent relative of an individual referred to in
paragraph (
A) living in the same dwelling premises as the named insured,
(iii) while a pedestrian, is struck by the described automobile or a
newly acquired or temporary substitute automobile as defined in this
policy,
(iv) while a pedestrian, is struck by an automobile and is
(
A) the named insured, or a spouse of the named insured
living in the same dwelling premises as the named insured, or
(
B) a dependent relative of an individual referred to in
paragraph (
A) living in the same dwelling premises as the named insured,
(
v) is the occupant of an automobile or a pedestrian struck
by an automobile and is
(
A) an employee or partner of the named insured who is
provided with the regular use of the described automobile, or a spouse of
the employee living in the same dwelling premises as the employee or a
spouse of the partner living in the same dwelling premises as the partner,
(
B) a dependent relative of an individual referred to in
paragraph (
A) living in the same dwelling premises as that individual,
(vi) is
(
A) the occupant of an automobile, or
(
B) a pedestrian struck by an automobile
driven by an individual described in any of subclauses (
i) through (v),
but does not include an individual who is, at the time of
an accident in Quebec, the owner or occupant of an automobile registered in
Quebec;
(d) "no-fault jurisdiction" means the Province of Quebec, Ontario,
Manitoba or Saskatchewan;
(e) "pedestrian" means an individual who is not an occupant
of an automobile (f) "resident of Alberta" means an individual who
(
i) is authorized by law to be or to remain in Canada and is
living and ordinarily present in Alberta, and
(ii) meets the criteria for non-residency in the no-fault
jurisdiction established by the applicable laws of the no-fault
jurisdiction.
(2) The definition of "insured person" under the heading Special
Provisions,
Definitions, and Exclusions of
Section B does not apply to this
Subsection.
(3) Where an insured person suffers personal injury as a result of
an accident occurring in a no-fault jurisdiction, the insurer agrees to pay
to the insured person the amount that would be payable under the applicable
laws of the no-fault jurisdiction as if the insured person were a resident
of the no-fault jurisdiction.
(4) For the purposes of calculating an amount payable under (3) in
respect of an accident occurring in Quebec, references in the Automobile
Insurance Act (Quebec) to other statutes or regulations of Quebec used to
calculate an amount payable under (3) shall be read as references to
corresponding Alberta statutes or regulations or federal statutes or
regulations that apply in Alberta.
(5) In any claim or action in Alberta arising out of an accident in
Alberta, the insurer agrees not to exercise its right of subrogation
against a resident of Manitoba or Saskatchewan in respect of
Section B -
Accident Benefits paid to a resident of Alberta under this policy.
(6) No exclusion or limitation in
Section B or in the General
Provisions,
Definitions and Exclusions and the Statutory Conditions of this
policy may be raised by the insurer in respect of a claim by an insured
under (3).
SUBSECTION 3 UNINSURED MOTORIST COVER
All sums which every insured person shall be legally entitled to recover as
damages for bodily injury and all sums which any other person shall be
legally entitled to recover as damages because of the death of any insured
person, from the owner or driver of an uninsured or unidentified automobile
as defined herein.
(1) The Insurer shall not be liable under this subsection,
(
a) to any person who has a right of recovery under an
unsatisfied judgment or similar fund or plan in effect in any jurisdiction
of Canada or the United States of America;
(
b) to any person who, without the written consent of the
Insurer, makes directly or through his representative any settlement with
or prosecutes to judgment any action against any person or organization
which may be legally liable therefor;
(
c) for any amount in excess of the minimum limit(
s) for
automobile bodily injury liability insurance applicable in the jurisdiction
in which the accident occurs regardless of the number of persons so injured
or killed, but in no event shall such limit(
s) exceed the minimum limit(
s) applicable in the jurisdiction stated in Item 1 of the application.
(2) Uninsured automobile defined
An "uninsured automobile" under this
section means an
automobile with respect to which neither the owner nor driver thereof has
applicable and collectible bodily injury liability insurance for its
ownership, use or operation, but shall not include an automobile owned by
or registered in the name of
(
a) the named insured or by any person residing in the same
dwelling premises therewith; or
(
b) the governments of Canada or the United States of America
or any political sub-division thereof or any agency or corporation owned or
controlled by any of them; or
(
c) any person who is an authorized self-insurer within the
meaning of a financial or safety responsibility law; or
(
d) any person who has filed a bond or otherwise given proof
of financial responsibility with respect to his liability for the
ownership, use or operation of automobiles.
(3) Unidentified automobile defined
An "unidentified" automobile under this subsection means an
automobile which causes bodily injury or death to an insured person arising
out of physical contact of such automobile with the automobile of which the
insured person is an occupant at the time of the accident, provided
(
a) the identity of either the owner or driver of such
automobile cannot be ascertained, and
(
b) the insured person or someone on his behalf has reported
the accident within 24 hours to a police, peace or judicial officer or to
an administrator of motor vehicle laws and shall have filed with the
Insurer within 30 days thereafter a statement under oath that the insured
person or his legal representative has a cause or causes of action arising
out of such accident for damages against a person or persons whose identity
cannot be ascertained and setting forth the facts in support thereof; and
(
c) at the request of the Insurer, the insured person or his
legal representative makes available for inspection the automobile of which
the insured person was an occupant at the time of the accident.
(4) Limitation of liability
(
a) If claim is made under this subsection and claim is also
made against any person who is an insured under
section A Third Party
Liability of this Policy, any payment under this subsection shall be
applied in reduction of any amount which the insured person may be entitled
to recover from any person who is insured under
section A;
(
b) Any payment made under
section A or under subsections 1
or 2 of
section B of this Policy to an insured person hereunder shall be
applied in reduction of any amount which such person may be entitled to
recover under this subsection.
(5) Determination of legal liability and amount of damages
The determination as to whether the insured person shall be
legally entitled to recover damages and if so entitled, the amount thereof,
shall be made by agreement between the insured person and the Insurer.
If any difference arises between the insured person and the
Insurer as to whether the insured person is legally entitled to recover
damages and, if so entitled, as to the amount thereof these questions shall
be submitted to arbitration of some person to be chosen by both parties, or
if they cannot agree on one person, then by two persons, one to be chosen
by the insured person and the other by the Insurer and a third person to be
appointed by the persons so chosen. The submission shall be subject to the
provisions of The Arbitration Act and the award shall be binding upon the
parties.
(6) Notice of legal action
If, before the Insurer makes payment of loss hereunder, the
insured person or his representative shall institute any legal action for
bodily injury or death against any other person owning or operating an
automobile involved in the accident, a copy of the writ of summons or other
process served in connection with such legal action shall be forwarded
immediately to the Insurer.
SPECIAL PROVISIONS,
DEFINITIONS, AND EXCLUSIONS
OF
SECTION B
(1) "INSURED PERSON" DEFINED
In this section, the words "insured person" mean
(
a) any person while an occupant of the described automobile
or of a newly acquired or temporary substitute automobile as defined in
this policy;
(
b) the insured and, if residing in the same dwelling
premises as the insured, his or her spouse and any dependent relative of
either while an occupant of any other automobile; provided that
(
i) the insured is an individual or are two spouses in a
household;
(ii) such person is not engaged in the business of selling,
repairing, maintaining, servicing, storing or parking automobiles at the
time of the accident;
(iii) such other automobile is not owned or regularly or
frequently used by the insured or by any person or persons residing in the
same dwelling premises as the insured;
(iv) such other automobile is not owned, hired, or leased by
an employer of the insured or by an employer of any person or persons
residing in the same dwelling premises as the insured;
(
v) such other automobile is not used for carrying passengers
for compensation or hire or for commercial delivery;
(
c) in Subsection 1 and 2 of
Section B only, any person, not
the occupant of an automobile or of railway rolling-stock that runs on
rails, who is struck, in Canada, by the described automobile or a newly
acquired or temporary substitute automobile as defined in the policy.
(
d) in Subsection 1 and 2 of
Section B only, the named
insured, if an individual and his or her spouse and any dependent relative
residing in the same dwelling premises as the named insured, not the
occupant of an automobile or of railway rolling-stock that runs on rails,
who is struck by any other automobile; provided that
(
i) such person is not engaged in the business of selling,
repairing, maintaining, servicing, storing, or parking automobiles at the
time of the accident;
(ii) that automobile is not owned or regularly or frequently
used by the insured or by any person or persons residing in the same
dwelling premises as the named insured;
(iii) that automobile is not owned, hired, or leased by an
employer of the insured or by an employer of any person or persons residing
in the same dwelling premises as the named insured;
(
e) if the insured is a corporation, unincorporated
association, or partnership, or a sole proprietorship, any employee or
partner of the insured for whose regular use the automobile is furnished,
and his or her spouse and any dependent relative of either, residing in the
same dwelling premises as such employee or partner, while an occupant of
any other automobile; and
(
f) in Subsections 1 and 2 of
Section B only, any employee or
partner of the insured, for whose regular use the automobile is furnished,
and his or her spouse and any dependent relative of either, residing in the
same dwelling premises as such employee or partner, while not the occupant
of an automobile or of railway rolling-stock that runs on rails, who is
struck by any other automobile; provided that in respect of (
e) and (
f) above,
(
i) neither such employee nor partner or his or her spouse is
the owner of an automobile;
(ii) such person is not engaged in the business of selling,
repairing, maintaining, servicing, storing, or parking automobiles at the
time of the accident;
(iii) such other automobile is not owned or regularly or
frequently used by the employee or partner, or by any person or persons
residing in the same dwelling premises as such employee or partner;
(iv) such other automobile is not owned, hired, or leased by
the insured or by an employer of any person or persons residing in the same
dwelling premises as such employee or partner of the insured;
in respect of (
e) above only,
(
v) such other automobile is not used for carrying passengers
for compensation or hire or for commercial delivery.
(2) EXCLUSIONS
(
a) The Insurer shall not be liable under clause (
i) of
subsection 1 nor under
Part II of subsection 2 of this
section B for bodily
injury to any person
(
i) resulting from the suicide of such person or attempt
thereat, whether sane or insane; or
(ii) who is entitled to receive the benefits of any workmen's
compensation law or plan as a result of the accident; or
(iii) where the person at the time of the accident is engaged
in a race or speed test; or
(iv) caused directly by sickness or disease; or
(
v) who is using the automobile for any illicit or prohibited
trade or transportation.
(
b) The Insurer shall not be liable under
Part II of
subsection 2 of this
section B for bodily injury
(
i) sustained by any person who is convicted of an offence
under
section 253(
b) of The Criminal Code (driving with more than 80
milligrams of alcohol in 100 millilitres of blood) or under
section 253(
a) of The Criminal Code (driving while ability to drive impaired by alcohol or
a drug) occurring at the time of the accident, or
(ii) sustained by any person driving the automobile who is
under the age prescribed by the law of the jurisdiction in which the
accident occurs as being the minimum age at which a licence or permit to
drive the automobile may be issued to him; or
(iii) sustained by any person driving the automobile who is not
for the time being either authorized by Law or qualified to drive the
automobile.
(3) NOTICE AND PROOF OF CLAIM
The insured person or his agent, or the person otherwise
entitled to make claim or his agent, shall
(
a) give written notice of claim to the Insurer by delivery
thereof or by sending it by registered mail to the chief agency or head
office of the insurer in the Province, not later than 30 days from the date
of the accident, or as soon as practicable thereafter;
(
b) within 90 days from the date of the accident for which
the claim is made, or as soon as practicable thereafter, furnish to the
Insurer such proof of claim as is reasonably possible in the circumstances
of the happening of the accident and the loss occasioned thereby;
(
c) if so required by the Insurer, furnish a
certificate as to the cause and nature of the accident for which the claim
is made and as to the duration of the disability caused thereby from a duly
qualified medical practitioner.
(4) MEDICAL REPORTS
The Insurer has the right and the claimant shall afford to a
duly qualified medical practitioner named by the Insurer an opportunity to
examine the person of the insured's person when and as often as it
reasonably requires while the claim is pending, and also, in the case of
the death of the insured person, to make an autopsy subject to the law
relating to autopsies.
(5) RELEASE
Notwithstanding any release provided for under the relevant
sections of The Insurance Act of the Province, the Insurer may demand, as a
condition precedent to payment of any amount under
Section B of the policy,
a release in favour of the insured and the Insurer from liability to the
extent of such payment from the insured person or his personal
representative or any other person.
(6) WHEN MONEYS PAYABLE
(
a) All amounts payable under
Section B other than benefits
under
Part II of Subsection 2 hereof shall be paid by the Insurer within 60
days after it has received proof of claim. The initial benefits for loss of
time under
Part II of Subsection 2 hereof shall be paid within 30 days
after it has received proof of claim, and payments shall be made thereafter
within each 30 day period while the Insurer remains liable for payments if
the insured person, whenever required to do so, furnishes prior to payment
proof of continuing disability.
(
b) No person shall bring an action to recover the amount of
a claim under this
section unless the requirements of provisions 3 and 4
hereof are complied with, nor until the amount of the loss has been
ascertained as provided in this section.
(
c) Every action or proceeding against the Insurer for the
recovery of a claim under this
section shall be commenced within one year
from the date on which the cause of action arose and not afterwards.
See also general provisions,
definitions, exclusions, and statutory
conditions of this policy.
SECTION C LOSS OF OR DAMAGE TO INSURED AUTOMOBILE
The Insurer agrees to indemnify the Insured against direct and accidental
loss of or damage to the automobile, including its equipment
Subsection 1 ALL PERILS from all perils;
Subsection 2 COLLISION OR UPSET caused by collision with another object
or by upset;
Subsection 3 COMPREHENSIVE from any peril other than by collision with
another object or by upset;
The words "another object" as used in this subsection 3 shall be deemed to
include (
a) a vehicle to which the automobile is attached and (
b) the
surface of the ground and any object therein or thereon. Loss or damage
caused by missiles, falling or flying objects, fire, theft, explosion,
earthquake, windstorm, hail, rising water, malicious mischief, riot or
civil commotion shall be deemed loss or damage caused by perils for which
insurance is provided under this subsection 3.
Subsection 4 SPECIFIED PERILS caused by fire, lightning, theft or
attempt thereat, windstorm, earthquake, hail, explosion, riot or civil
commotion, falling or forced landing of aircraft or of parts thereof,
rising water, or the stranding, sinking, burning, derailment or collision
of any conveyance in or upon which the automobile is being transported on
land or water;
DEDUCTIBLE CLAUSE
Each occurrence causing loss or damage covered under any subsection of
section C except loss or damage caused by fire or lightning or theft of the
entire automobile covered by such subsection, shall give rise to a separate
claim in respect of which the Insurer's liability shall be limited to the
amount of loss or damage in excess of the amount deductible, if any, stated
in the applicable subsection of
section C of Item 4 of the application.
EXCLUSIONS
The Insurer shall not be liable,
(1) under any subsection of
Section C for loss or damage
(
a) to tires or consisting of or caused by mechanical
fracture or breakdown of any part of the automobile or by rusting,
corrosion, wear and tear, freezing, or explosion within the combustion
chamber, unless the loss or damage is coincident with other loss or damage
covered by such subsection or is caused by fire, theft or malicious
mischief covered by such subsection; or
(
b) caused by the conversion, embezzlement, theft or
secretion by any person in lawful possession of the automobile under a
mortgage, conditional sale, lease or other similar written agreement; or
(
c) caused by the voluntary parting with title or ownership,
whether or not induced to do so by any fraudulent scheme, trick, device or
false pretense; or
(
d) caused directly or indirectly by contamination by
radioactive material; or
(
e) to contents of trailers or to rugs or robes; or
(
f) to tapes and equipment for use with a tape player or
recorder when such tapes or equipment are detached therefrom; or
(
g) where the insured drives or operates the automobile
(
i) while under the influence of intoxicating liquor or drugs
to such an extent as to be for the time being incapable of the proper
control of the automobile; or
(ii) while in a condition for which he is convicted of an
offence under
section 253 of the Criminal Code (Canada) or under or in
connection with circumstances for which he is convicted of an offence under
section 254 of the Criminal Code (Canada); or
(
h) where the insured permits, suffers, allows or connives at
the use of the automobile by any person contrary to the provisions of (g);
(2) under subsections 3 (Comprehensive), 4 (Specified Perils) only,
for loss or damage caused by theft by any person or persons residing in the
same dwelling premises as the Insured, or by any employee of the Insured
engaged in the operation, maintenance or repair of the automobile whether
the theft occurs during the hours of such service or employment or not.
See also General Provisions,
Definitions, Exclusions and Statutory
Conditions of this Policy
ADDITIONAL AGREEMENTS OF INSURER
(1) Where loss or damage arises from a peril for which a premium is
specified under a subsection of this section, the Insurer further agrees:
(
a) to pay general average, salvage and fire department
charges and customs duties of Canada or of the United States of America for
which the Insured is legally liable;
(
b) to waive subrogation against every person who, with the
insured's consent, has care, custody or control of the automobile, provided
always that this waiver shall not apply to any person (1) having such care,
custody or control in the course of the business of selling, repairing,
maintaining, servicing, storing or parking automobiles, or (2) who has (
i) committed a breach of any condition of this policy or (ii) driven or
operated the automobile in the circumstances referred to in (
i) or (ii) of
paragraph (
g) of the Exclusions to
Section C of this policy;
(
c) to indemnify the Insured and any other person who
personally drives a temporary substitute automobile as defined in the
General Provisions of this Policy against the liability imposed by law or
assumed by the Insured or such other person under any contract or agreement
for direct and accidental physical loss or damage to such automobile and
arising from the care, custody and control thereof; provided always that:
(
i) such indemnity is subject to the deductible clause
and exclusions of each such subsection;
(ii) if the owner of such automobile has or places insurance
against any peril insured by this section, the indemnity provided herein
shall be limited to the sum by which the deductible amount, if any, of such
other insurance exceeds the deductible amount stated in the applicable
subsection of this Policy;
(iii) the Additional Agreements under
section A of this Policy
shall insofar as they are applicable, extend to the indemnity provided
herein.
(2) Loss of Use by Theft Where indemnity is provided under
subsections 1, 3 or 4 of
section C hereof the Insurer further agrees,
following a theft of the entire automobile covered thereby, to reimburse
the Insured for expense not exceeding $25.00 for any one day nor totalling
more than $750.00 incurred for the rental of a substitute automobile
including taxicabs and public means of transportation.
Reimbursement is limited to such expense incurred during the
period commencing seventy-two hours after such theft has been reported to
the Insurer or the police and terminating, regardless of the expiration of
the policy period, (
a) upon the date of the completion of repairs to or the
replacement of the property lost or damaged, or (
b) upon such earlier date
as the Insurer makes or tenders settlement for the loss or damage caused by
such theft.
GENERAL PROVISIONS,
DEFINITIONS
AND EXCLUSIONS
1. TERRITORY
This Policy applies only while the automobile is being
operated, used, stored or parked within Canada, the United States of
America or upon a vessel plying between ports of those countries.
2. OCCUPANT DEFINED
In this Policy the word "occupant" means a person driving,
being carried in or upon or entering or getting on to or alighting from an
automobile.
3. CONSENT OF OWNER
No person shall be entitled to indemnity or payment under this
Policy who is an occupant of any automobile which is being used without the
consent of the owner thereof.
4. GARAGE PERSONNEL EXCLUDED
No person who is engaged in the business of selling, repairing,
maintaining, storing, servicing or parking automobiles shall be entitled to
indemnity or payment under this Policy for any loss, damage, injury or
death sustained while engaged in the use or operation of or while working
upon the automobile in the course of that business or while so engaged is
an occupant of the described automobile or a newly acquired automobile as
defined in this Policy, unless the person is the owner of such automobile
or his employee or partner.
5. AUTOMOBILE DEFINED
In this Policy except where stated to the contrary the words
"the automobile" mean:
Under sections A (Third Party Liability), B (Accident
Benefits), C (Loss of or Damage to Insured Automobile)
(
a) The Described Automobile an automobile trailer or
semi-trailer specifically described in the Policy or within the description
of insured automobiles set forth therein;
(
b) A Newly Acquired Automobile an automobile, ownership of
which is acquired by the insured and, within fourteen days following the
date of its delivery to him, notified to the Insurer in respect of which
the insured has no other valid insurance, if either it replaces an
automobile described in the application or the Insurer insures (in respect
of the
section or subsection of the Insuring Agreements under which claim
is made) all automobiles owned by the lnsured at such delivery date and in
respect of which the Insured pays any additional premium required; provided
however, that insurance hereunder shall not apply if the Insured is engaged
in the business of selling automobiles;
and under sections A (Third Party Liability) and B (Accident
Benefits) only
(
c) A Temporary Substitute Automobile an automobile not
owned by the Insured, nor by any person or persons residing in the same
dwelling premises as the Insured, while temporarily used as the substitute
for the described automobile which is not in use by any person insured by
this Policy, because of its breakdown, repair, servicing, loss, destruction
or sale;
(
d) Any Automobile of the Private Passenger or Station Wagon
type, other than the described automobile, while personally driven by the
Insured, or by his or her spouse if residing in the same dwelling premises
as the Insured provided that
(
i) the described automobile is of the private passenger or
station wagon type;
(ii) the Insured is an individual or are husband and wife;
(iii) neither the Insured nor his or her spouse is driving such
automobile in connection with the business of selling, repairing,
maintaining, servicing, storing or parking automobiles;
(iv) such other automobile is not owned or regularly or
frequently used by the Insured or by any person or persons residing in the
same dwelling premises as the Insured;
(
v) such other automobile is not owned, hired or leased by an
employer of the Insured or by an employer of any person or persons residing
in the same dwelling premises as the Insured;
(vi) such other automobile is not used for carrying passengers
for compensation or hire or for commercial delivery;
(
e) If the Insured is a corporation, unincorporated
association or registered co-partnership, any automobile of the private
passenger or station wagon type, other than the described automobile, while
personally driven by the employee or partner for whose regular use the
described automobile is furnished, or by his or her spouse if residing in
the same dwelling premises as such employee or partner, provided that
(
i) neither such employee or partner or his or her spouse is
the owner of an automobile of the private passenger or station wagon type;
(ii) the described automobile is of the private passenger or
station wagon type;
(iii) neither such employee, partner or spouse is driving the
automobile in connection with the business of selling, repairing,
maintaining, servicing, storing or parking automobiles;
(iv) such other automobile is not owned, hired or leased or
regularly or frequently used by the Insured or such employee or by any
partner of the Insured or by any persons residing in the same dwelling
premises as any of the aforementioned persons;
(
v) such other automobile is not used for carrying passengers
for compensation or hire or commercial delivery.
(
f) Trailers any trailer used in connection with the
automobile.
6. TWO OR MORE AUTOMOBILES
(
a) When two or more automobiles are described hereunder (
i) with respect to the use or operation of such described automobiles, each
automobile shall be deemed to be insured under a separate policy; (ii) with
respect to the use or operation of an automobile not owned by the Insured,
the limit of the Insurer's liability shall not exceed the highest limit
applicable to any one described automobile;
(
b) When the Insured owns two or more automobiles which are
insured as described automobiles under two or more automobile insurance
policies, the limit of the Insurer under this Policy with respect to the
use or operation of an automobile not owned by the Insured shall not exceed
the proportion that the highest limit applicable to any one automobile
described in this Policy bears to the sum of the highest limits applicable
under each policy and in no event shall exceed such proportion of the
highest limit applicable to any one automobile under any policy;
(
c) A motor vehicle and one or more trailers or semi-trailers
attached thereto shall be held to be one automobile with respect to the
limit(
s) of liability under insuring Agreements A and B and separate
automobiles with respect to the limit(
s) of liability, including deductible
provisions, under Insuring Agreement C.
7. WAR RISKS EXCLUDED
The Insurer shall not be liable under
section B or C of this
Policy for any loss, damage, injury or death caused directly or indirectly
by bombardment, invasion, civil war, insurrection, rebellion, revolution,
military or usurped power, or by operation of armed forces while engaged in
hostilities, whether war be declared or not.
8. EXCLUDED USES
Unless coverage is expressly given by an endorsement of this
Policy, the Insurer shall not be liable under this Policy while:
(
a) the automobile is rented or leased to another; provided
that the use by an employee of his automobile on the business of his
employer and for which he is paid shall not be deemed the renting or
leasing of the automobile to another;
(
b) the automobile is used to carry explosives, or to carry
radioactive material for research, education, development or industrial
purposes, or for purposes incidental thereto;
(
c) the automobile is used as a taxicab, public omnibus,
livery, jitney or sightseeing conveyance or for carrying passengers for
compensation or hire; provided that the following uses shall not be deemed
to be the carrying of passengers for compensation or hire:
(
i) the use by the Insured of his automobile for the carriage
of another person in return for the former's carriage in the automobile of
the latter;
(ii) the occasional and infrequent use of the Insured of his
automobile for the carriage of another person who shares the cost of the
trip;
(iii) the use by the Insured of his automobile for the carriage
of a temporary or permanent domestic servant of the Insured or his spouse;
(iv) the use by the Insured of his automobile for the carriage
of clients or customers or prospective clients or customers;
(
v) the occasional and infrequent use by a person of his
automobile for the transportation of children to or from activities
conducted as part of an educational program.
STATUTORY CONDITIONS
In these Statutory Conditions, unless the context otherwise requires, the
word "insured" means a person insured by this contract whether named or
not. Statutory Conditions 2, 3, 4, 5, 6 and 7 shall not apply to
Section B
Accident Benefits.
Material Change in Risk
(1) The Insured named in this contract shall promptly
notify the insurer, or its local agent, in writing, of any change in the
risk material to the contract and within his knowledge.
(2) Without restricting the generality of the foregoing the
words "change in the risk material to the contract" include:
(
a) any change in the insurable interest of the insured named
in this contract in the automobile by sale, assignment or otherwise, except
through change of title by succession, death or proceedings under the
Bankruptcy Act (Canada);
and with respect to insurance against loss of or damage
to the automobile;
(
b) any mortgage, lien or encumbrance affecting the
automobile after the application for this contract;
(
c) any other insurance of the same interest, whether valid
or not, covering loss or damage insured by this contract or any portion
thereof.
Prohibited Use by Insured
(1) The insured shall not drive or operate the
automobile,
(
a) unless he is for the time being either authorized by law
or qualified to drive or operate the automobile; or
(
b) while his licence to drive or operate an automobile is
suspended or while his right to obtain a licence is suspended or while he
is prohibited under order of any court from driving or operating an
automobile; or
(
c) while he is under the age of 16 years or under such other
age as is prescribed by the law of the province in which he resides at the
time this contract is made as being the minimum age at which a licence or
permit to drive an automobile may be issued to him; or
(
d) for any illicit or prohibited trade or transportation; or
(
e) in any race or speed test.
Prohibited Use by Others
(2) The insured shall not permit, suffer, allow or connive at
the use of the automobile,
(
a) by any person
(
i) unless that person is for the time being either
authorized by law or qualified to drive or operate the automobile; or
(ii) while that person is under the age of 16 years or under
such other age as is prescribed by the law of the province in which he
resides at the time this contract is made as being the minimum age at which
a licence or permit to drive an automobile may be issued to him; or
(
b) by any person who is a member of the household of the
insured while his licence to drive or operate an automobile is suspended or
while his right to obtain a licence is suspended or while he is prohibited
under order of any court from driving or operating an automobile; or
(
c) for any illicit or prohibited trade or transportation; or
(
d) in any race or speed test.
Requirements Where Loss or Damage to Persons or Property
(1) The insured shall
(
a) promptly give to the Insurer written notice, with all
available particulars, of any accident involving loss or damage to persons
or property; and of any claim made on account of the accident;
(
b) verify by statutory declaration, if required by the
Insurer, that the claim arose out of the use or operation of the automobile
and that the person operating or responsible for the operation of the
automobile at the time of the accident is a person insured under this
contract; and
(
c) forward immediately to the Insurer every letter,
document, advice or writ received by him from or on behalf of the claimant.
(2) The insured shall not
(
a) voluntarily assume any liability or settle any claim
except at his own cost; nor
(
b) interfere in any negotiations for settlement or in any
legal proceeding.
(3) The insured shall, whenever requested by the Insurer, aid
in securing information and evidence and the attendance of any witness, and
shall co-operate with the Insurer, except in a pecuniary way, in the
defence of any action or proceeding or in the prosecution of any appeal.
Requirements Where Loss or Damage to the Automobile
(1) Where loss of or damage to the automobile occurs,
the insured shall, if the loss or damage is covered by this contract,
(
a) promptly give notice thereof, in writing to the Insurer,
with fullest information obtainable at the time;
(
b) at the expense of the Insurer, and as far as reasonably
possible, protect the automobile from further loss or damage; and
(
c) deliver to the Insurer within ninety days after the date
of the loss or damage a statutory declaration stating, to the best of his
knowledge or belief, the place, time, cause and amount of the loss or
damage, the interest of the insured and of all others therein, the
encumbrances thereon, all other insurance, whether valid or not, covering
the automobile, and that the loss or damage did not occur through any
wilful act or neglect, procurement, means or connivance of the insured.
(2) Any further loss or damage accruing to the automobile,
directly or indirectly from a failure to protect it as required under
subcondition (1) of this condition, is not recoverable under this contract.
(3) No repairs, other than those that are immediately
necessary for the protection of the automobile from further loss or damage,
shall be undertaken and no physical evidence of the loss or damage shall be
removed
(
a) without the written consent of the Insurer; or
(
b) until the Insurer has had a reasonable time to make the
examination for which provision is made in statutory condition 5.
Examination of Insured
(4) The insured shall submit to examination under oath, and
shall produce for examination, at such reasonable place and time as is
designated by the Insurer or its representative, all documents in his
possession or control that relate to the matters in question; and he shall
permit extracts and copies thereof to be made.
Insurer Liable for Cash Value of Automobile
(5) The Insurer shall not be liable for more than the actual
cash value of the automobile at the time any loss or damage occurs, and the
loss or damage shall be ascertained or estimated according to that actual
cash value with proper deduction for depreciation, however caused, and
shall not exceed the amount that it would cost to repair or replace the
automobile, or any part thereof, with material of like kind and quality;
but if any part of the automobile is obsolete and out of stock, the
liability of the Insurer in respect thereof shall be limited to the value
of that part at the time of loss or damage not exceeding the maker's latest
list price.
Repair or Replacement
(6) Except where an appraisal has been made, the Insurer,
instead of making payment, may, within a reasonable time, repair, rebuild
or replace the property damaged or lost with other of like kind and
quality, if, within seven days after the receipt of the proof of loss, it
gives written notice of its intention to do so.
No Abandonment, Salvage
(7) There can be no abandonment of the automobile to the
Insurer without its consent. If the Insurer exercises the option to replace
the automobile, or pays the actual cash value of the automobile, the
salvage, if any, shall vest in the Insurer.
In Case of Disagreement
(8) In the event of disagreement as to the nature and extent
of the repairs and replacements required, or as to their adequacy, if
effected, or as to the amount payable in respect of any loss or damage,
those questions shall be determined by appraisal as provided under The
Insurance Act before there can be recovery under this contract, whether the
right to recover on the policy is disputed or not, and independently of all
other questions. There shall be no right to an appraisal until a specific
demand therefore is made in writing and until after proof of loss has been
delivered.
Inspection of Automobile
5. The insured shall permit the Insurer at all reasonable times to
inspect the automobile and its equipment.
Time and Manner of Payment of Insurance Money
(1) The Insurer shall pay the insurance money for which
it is liable under this contract within sixty days after the proof of loss
has been received by it or, where an appraisal is made under subcondition
(8) of statutory condition 4, within fifteen days after the award is
rendered by the appraisers.
When Action May Be Brought
(2) The insured shall not bring an action to recover the
amount of a claim under this contract unless the requirements of statutory
conditions 3 and 4 are complied with nor until the amount of the loss has
been ascertained as therein provided, or by a judgment against the insured
after trial of the issue, or by agreement between the parties with the
written consent of the Insurer.
Limitation of Actions
(3) Every action or proceeding against the Insurer under this
contract in respect of loss or damage to the automobile shall be commenced
within one year next after the happening of the loss and not afterwards,
and in respect of loss or damage to persons or property shall be commenced
within one year next after the cause of action arose, and not afterwards.
Who May Give Notice and Proofs of Claim
7. Notice of claim may be given and proofs of claim may be made by
the agent of the insured named in this contract in case of absence or
inability of the insured to give the notice or make the proof, such absence
or inability being satisfactorily accounted for, or in the like case, or if
the insured refuses to do so, by a person to whom any part of the insurance
money is payable.
Termination
(1) This contract may be terminated,
(
a) by the Insurer giving to the insured fifteen days' notice
of termination by registered mail, or five days' written notice of
termination personally delivered;
(
b) by the insured at any time on request.
(2) Where this contract is terminated by the Insurer
(
a) the Insurer shall refund the excess of premium actually
paid by the insured over the pro rata premium for the expired time, but, in
no event, shall the pro rata premium for the expired time be deemed to be
less than any minimum retained premium specified; and
(
b) the refund shall accompany the notice unless the premium
is subject to adjustment or determination as to amount, in which case the
refund shall be made as soon as practicable.
(3) Where this contract is terminated by the insured the
Insurer shall refund as soon as practicable the excess of premium actually
paid by the insured over the short rate premium for the expired time, but,
in no event, shall the short rate premium for the expired time be deemed to
be less than any minimum retained premium specified.
(4) The refund may be made by money, postal or express
company money order, or by cheque payable at par.
(5) The fifteen days mentioned in clause (
a) of sub-condition
(1) of this condition commences to run on the day following the receipt of
the registered letter at the post office to which it is addressed.
Notice
9. Any written notice to the Insurer may be delivered at, or sent by
registered mail to, the chief agency or head office of the insurer in this
province. Written notice may be given to the insured named in this contract
by letter personally delivered to him or by registered mail addressed to
him at his latest post office address notified to the Insurer. In this
condition the expression "registered" means registered in or outside
Canada.
________________________________________________________________________
ADVERTISEMENTS
NOTICE OF LIQUIDATION ORDER
TECHSKIL LTD.
(Business Corporations Act)
Notice is hereby given that on August 17, 1998, Techskil Ltd. ("Techskil")
was placed in liquidation with the consent of its shareholders by order of
the Court of Queen's Bench of Alberta, pursuant to the Business
Corporations Act of Alberta. PricewaterhouseCoopers Inc. was appointed to
liquidate the assets of Techskil.
PricewaterhouseCoopers Inc. (the "Liquidator") hereby requires any person
indebted to Techskil to provide the Liquidator with a statement of account
and payment of the debt to the address shown below on or before October 26,
The Liquidator hereby requires any person in possession of property of
Techskil to deliver the property to the Liquidator on or before October 26,
1998. Books and records should be delivered directly to the address shown
below. With respect to any other property, please contact Susan Shabluk
(403) 267-1250 prior to delivering the property.
The Liquidator hereby further requires that all persons having a claim
against Techskil, whether liquidated, unliquidated, future or contingent,
present particulars of the claim with appropriate supporting documentation
in writing to the Liquidator on or before October 26, 1998.
Dated at Calgary, Alberta, August 26, 1998.
PricewaterhouseCoopers Inc.
Liquidator of Techskil Ltd.
1200-425 1 St SW
Calgary, Alberta T2P 3V7
Telephone: (403) 267-1250
________________________________________________________________________
PUBLIC SALE OF LAND
(Municipal Government Act)
CITY OF GRANDE PRAIRIE
Notice is hereby given that under the provisions of the Municipal
Government Act, the City of Grande Prairie will offer for sale, by public
auction, in the second floor board room at City Hall, Grande Prairie,
Alberta on Friday, November 27, 1998 at 9 a.m. the followi