Alberta Gazette — 30 June (ii)

0630 ii

Alberta — Gazette

Alberta Gazette — 30 June (ii)

0630 ii

Alberta — Gazette

Alberta Regulation 128/99

Marketing of Agricultural Products Act

ALBERTA PULSE GROWERS COMMISSION

AUTHORIZATION REGULATION

Filed: June 1, 1999

Made by the Alberta Agricultural Products Marketing Council pursuant to

section 26 of the Marketing of Agricultural Products Act.

Definitions

1(1) In this Regulation,

(a) "Act" means the Marketing of Agricultural Products Act;

(b) "Commission" means the Alberta Pulse Growers Commission;

(c) "Plan" means the Alberta Pulse Growers Marketing Plan

Regulation (AR 120/99);

(d) "producer" means a producer as defined in the Plan;

(e) "regulated product" means regulated product as defined in the

Plan.

(2) Words defined in the Act or the Plan have the same meaning when used

in this Regulation.

Regulations made under

section 26 of the Act

2 For the purposes of enabling the Commission to operate the Plan, the

Commission is hereby authorized under

section 26 of the Act to make

regulations

(

a) requiring any person who produces, markets or processes the

regulated product to furnish to the Commission any information or record

relating to the production, marketing or processing of the regulated

product that the Commission considers necessary;

(

b) requiring all brokers, packers or processors to be licensed

under the Plan before they become engaged in the marketing or processing of

the regulated product;

(

c) prohibiting brokers, packers or processors from engaging in the

marketing or processing of the regulated product except under the authority

of a licence issued under the Plan;

(

d) governing the issuance, suspension or cancellation of a licence

issued under the Plan;

(

e) providing for

(

i) the assessment, charging and collection of service

charges from producers from time to time for the purposes of the Plan, and

(ii) the taking of legal action to enforce payment of

the service charges;

(

f) providing for the refund of service charges;

(

g) requiring any broker, packer, processor or other person who

receives the regulated product from a producer

(

i) to deduct from the money payable to the producer

any service charges payable by the producer to the Commission, and

(ii) to forward the amount deducted to the Commission;

(

h) providing for the use of the service charges received by the

Commission for the purposes of paying its expenses and administering the

Plan and the regulations made by the Commission.

Repeal

3 The Alberta Pulse Growers Commission Authorization Regulation (AR

173/89) is repealed.

Expiry

4 For the purpose of ensuring that this Regulation is reviewed for

ongoing relevancy and necessity, with the option that it may be repassed in

its present or an amended form following a review, this Regulation expires

on January 31, 2004.

------------------------------

Alberta Regulation 129/99

Marketing of Agricultural Products Act

ALBERTA PULSE GROWERS MARKETING REGULATION

Filed: June 4, 1999

Made by the Alberta Pulse Growers Commission pursuant to

section 26 of the

Marketing of Agricultural Products Act.

Table of Contents

Interpretation 1

Service charges 2

Variation of service charges 3

Collection of service charges 4

Refund of service charges 5

Dealer's licence required 6

Application for dealer's licence 7

Granting of dealer's licence 8

Authority of dealer's licence 9

Disposal of dealer's licence 10

Refusal to grant a dealer's licence 11

Suspension or cancellation of dealer's licence 12

Hearing 13

Report to Commission 14

Information 15

Inspection of records 16

Use of funds 17

Interest 18

Legal action 19

Transitional 20

Repeal 21

Expiry 22

Interpretation

1(1) In this Regulation,

(a) "Act" means the Marketing of Agricultural Products Act;

(b) "Plan" means the Alberta Pulse Growers Marketing Plan

Regulation.

(2) Words that are defined in either the Act or the Plan have the same

meaning when used in this Regulation.

Service charges

2 A producer who sells any regulated product must pay to the Commission a

service charge in the amount of $0.005 per dollar of regulated product

sold.

Variation of service charges

3 The Commission may, from time to time, vary the service charge if the

variation of the service charge is approved by the eligible producers at an

annual Commission meeting or at a special Commission meeting called for

that purpose.

Collection of service charges

4(1) All dealers must deduct the amount of the service charge from any

proceeds payable to or on behalf of the producer where a dealer

(

a) purchases regulated product from a producer, or

(

b) acquires regulated product from a producer for sale on the

producer's behalf.

(2) Any dealer who collects a service charge must, subject to any

directions given by the Commission, pay the amount of the service charge to

the Commission within 55 days from the end of the month within which the

service charge was collected.

(3) Where the Commission does not receive payment of the service charge

from a dealer in respect of regulated product sold by or on behalf of a

producer, the producer is liable for the payment of the appropriate service

charge to the Commission.

(4) Any person required to collect and pay to the Commission the service

charge payable by a producer must, on payment of the service charge to the

Commission, provide to the Commission, in respect of that producer, a

summary detailing

(

a) the amount of regulated product obtained from the producer,

(

b) the amount of service charge being paid on behalf of the

producer, and

(

c) the name and address of the producer.

Refund of service charges

5(1) Any service charge that is paid by or on behalf of a producer is

refundable to the producer on request of the producer.

(2) A request for a refund of the service charge must

(

a) be made in writing on a form that is provided by or acceptable

to the Commission, and

(

b) contain the following information:

(

i) the producer's name;

(ii) the producer's mailing address and telephone

number;

(iii) a copy of the original cash ticket showing the

deduction of the service charge.

(3) Requests for refunds must be received by the Commission at its head

office

(

a) prior to the end of August, for service charges collected

during the period commencing on the previous February 1 and ending on July

31, and

(

b) prior to the end of February, for service charges collected

during the period commencing on the previous August 1 and ending on January

(4) Any request for a refund that is not received by the Commission within

the time periods specified under subsection (3) must not be considered by

the Commission and the producer will not be entitled to a refund in respect

of the service charges in question.

(5) The Commission must refund the service charge to the producer within

90 days from the end of the period in which the request for a refund of the

service charges is received, if the request complies with this Regulation.

Dealer's licence required

6(1) No person shall carry on the business of a dealer in the regulated

product unless that person is licensed as a dealer under this Regulation.

(2) No person, other than a producer, shall engage in the marketing or

processing of the regulated product unless that person is licensed as a

dealer under this Regulation.

Application for dealer's licence

7(1) Every person, other than a producer, who wishes to market or process

the regulated product must apply for and obtain a dealer's licence from the

Commission.

(2) An application under subsection (1) must be in a form prescribed by

the Commission and include

(

a) the name, telephone number and mailing address of the

applicant,

(

b) the address of the applicant, if it is different from the

mailing address, and

(

c) such other information as the Commission may require.

Granting of dealer's licence

8 If the Commission is satisfied that a dealer's licence should be

granted to the applicant, the Commission must grant the applicant a

dealer's licence in a form prescribed by the Commission.

Authority of dealer's licence

9 A dealer's licence is authority for the dealer to receive, market or

process the regulated product in accordance with this Regulation.

Disposal of dealer's licence

10 A dealer's licence becomes void when it is sold, transferred, assigned

or otherwise disposed of.

Refusal to grant a dealer's licence

11 The Commission may refuse to grant a dealer's licence

(

a) if it is satisfied that the applicant will not comply with the

Act, the Plan, this or other regulations that apply to the applicant or

orders or directions of the Council or the Commission, or

(

b) for any other lawful reason the Commission considers proper.

Suspension or cancellation of dealer's licence

12 The Commission may suspend or cancel a dealer's licence if the

Commission is of the opinion that a holder of a dealer's licence has

(

a) failed to comply with the Act, the Plan or any regulation under

the Act, or

(

b) failed to comply with any order or direction of the Council or

the Commission.

Hearing

13(1) The Commission must give written notice of its decision to any

person who is refused a licence or whose licence is suspended or cancelled,

as the case may be.

(2) Where a person receives a notice under subsection (1), that person may

make application to the Commission for a hearing to show cause why the

dealer's licence should not be refused, suspended or cancelled, as the case

may be.

(3) Where the Commission receives an application under subsection (2), it

must give notice to the person who made the application of the date, place

and time that a hearing into the matter will be held.

(4) At the hearing referred to in subsection (3), the person who made the

application under subsection (2) must be given an opportunity

(

a) to show cause why a dealer's licence should be granted, or

(

b) to show cause why that person's dealer's licence should not be

suspended or cancelled,

as the case may be.

(5) Following a hearing under this section, the Commission must give

written notice of its decision to the person in respect of whom the hearing

was held.

(6) A dealer who receives a notice of suspension or cancellation under

this

section must, on receipt of the notice, immediately cease receiving

the regulated product.

Report to Commission

14 A dealer must

(

a) record for each month

(

i) the total volume of regulated product purchased by

the dealer from producers, and

(ii) the total amount paid by the dealer to producers

for that regulated product so purchased,

and

(

b) at the conclusion of the month report to the Commission the

amounts so recorded for that month.

Information

15 The Commission may request from a producer or a dealer the following

information:

(

a) the amount of regulated product grown by a producer or to which

the producer is entitled under a crop share arrangement;

(

b) the amount of regulated product marketed or processed by a

producer and the details of the marketing;

(

c) the amount of regulated product marketed or processed by a

person and the manner in which it is marketed;

(

d) such other general information relating to production,

marketing or processing of the regulated product that the Commission

requires to carry out its purpose under the Act and the Plan.

Inspection of records

16(1) Where the Commission is of the opinion that circumstances warrant

it, the Commission may request in writing that a dealer produce for the

Commission's inspection any record in the possession or under the control

of the dealer that relates to the collection of service charges by the

dealer.

(2) Where a dealer receives a request in writing under subsection (1), the

dealer must comply with the request in accordance with its terms.

Use of funds

17 Any funds received by the Commission under the Plan must be used by

the Commission for purposes of paying its expenses and administering the

Plan and the regulations.

Interest

18 Interest must be paid to the Commission by the dealer for any late

payment of service charges at the rate of 1.5% per month calculated on the

balance due.

Legal action

19 The Commission may commence and maintain any legal action that is

necessary to enforce the payment of service charges that are payable under

the Plan and this Regulation.

Transitional

20 On the coming into force of this Regulation, a person who holds a

licence under the Alberta Pulse Growers Marketing Regulation (AR 176/89)

that comes within the definition of a licence under this Regulation

continues to hold that licence under this Regulation.

Repeal

21 The Alberta Pulse Growers Marketing Regulation (AR 176/89) is

repealed.

Expiry

22 For the purpose of ensuring that this Regulation is reviewed for

ongoing relevancy and necessity, with the option that it may be repassed in

its present or an amended form following a review, this Regulation expires

on January 31, 2004.

------------------------------

Alberta Regulation 130/99

Electric Utilities Act

COMMERCIALLY SENSITIVE COAL COST

INFORMATION REGULATION

Filed: June 4, 1999

Made by the Minister of Resource Development (M.O. 22/99) pursuant to

section 45.97 of the Electric Utilities Act.

Table of Contents

Definitions 1

Discretion to accept information 2

Process for reviewing commercially sensitive

coal cost information 3

Report 4

Disclosure by independent assessment team 5

Disclosure by Board 6

Return or destruction of commercially sensitive

coal cost information 7

Expiry 8

Definitions

1 In this Regulation,

(a) "Act" means the Electric Utilities Act;

(b) "agreement" means an agreement between the owner of a

generating unit and other persons relating to

(

i) the ownership of coal reserves from which coal may

be produced for use as fuel in the generating unit,

(ii) the ownership or operation of a coal mine from

which coal is produced for use as fuel in the generating unit, or

(iii) the purchase and sale or other supply of coal for

use as fuel in the generating unit;

(c) "commercially sensitive coal cost information" means an

agreement or other document or information that is related to the costs of

supplying coal for use as fuel in a generating unit and that the owner of

the generating unit

(

i) has consistently treated as confidential, and

(ii) provides to the independent assessment team

explicitly in confidence;

(d) "report" means the report of the independent assessment team

referred to in

section 45.9(1) of the Act.

Discretion to accept information

2 The independent assessment team may accept in respect of a proposal

under

section 45.4 of the Act commercially sensitive coal cost information

from the owner of a generating unit listed in

Part 1 of the

Schedule to the

Act, and must maintain the confidentiality of that information.

Process for reviewing commercially sensitive coal cost information

3 The independent assessment team must provide the interested parties

referred to in

section 45.5(1)(

d) of the Act with a description of the

process that the independent assessment team has undertaken or will

undertake to review commercially sensitive coal cost information.

Report

4(1) The report of the independent assessment team must identify any

determination in the report that is based on commercially sensitive coal

cost information.

(2) The economic analysis in the report in support of a determination that

is based on commercially sensitive coal cost information must include a

description of the process the independent assessment team used to review

that information in order to make that determination.

Disclosure by independent assessment team

5 Notwithstanding anything in the Act or this Regulation, the independent

assessment team must not disclose commercially sensitive coal cost

information to any person other than the Board pursuant to

section 6(1).

Disclosure by Board

6(1) The Board may require the independent assessment team to provide it

with commercially sensitive coal cost information for the purpose of making

a decision under

section 45.91(2) of the Act.

(2) The Board must not disclose commercially sensitive coal cost

information to any person unless in the Board's opinion disclosure is

necessary in the public interest.

Return or destruction of commercially sensitive coal cost information

7(1) On completing the approvals or variations that it considers necessary

under

section 45.91 of the Act, the Board and the independent assessment

team must destroy or return to the owner of a generating unit any

commercially sensitive coal cost information provided by the owner.

(2) Where leave is obtained under

section 20(5) of the Alberta Energy and

Utilities Board Act to appeal a decision of the Board to the Court of

Appeal, the information referred to in subsection (1) shall not be

destroyed or returned before

(

a) the decision of the Court of Appeal is rendered and the time

for appeal to the Supreme Court of Canada has expired, or

(

b) the appeal has been abandoned.

(3) Where leave to appeal a decision of the Board to the Court of Appeal

is not applied for or is applied for but not granted, the information

referred to in subsection (1) must be destroyed or returned on the

expiration of the leave period described in

section 20(5) of the Alberta

Energy and Utilities Board Act.

Expiry

8 For the purpose of ensuring that this Regulation is reviewed for

ongoing relevancy and necessity, with the option that it may be repassed in

its present or an amended form following a review, this Regulation expires

on May 31, 2004.

------------------------------

Alberta Regulation 131/99

Oil and Gas Conservation Act

OIL AND GAS CONSERVATION AMENDMENT REGULATION

Filed: June 7, 1999

Made by the Alberta Energy and Utilities Board pursuant to

section 56.2 of

the Oil and Gas Conservation Act.

1 The Oil and Gas Conservation Regulations (AR 151/71) are amended by

this Regulation.

Section 16.540 is repealed and the following is substituted:

16.540 For the 1999/2000 fiscal year of the Board, the abandonment

fund levy is $65.00 for each inactive well in each class.

Alberta Regulation 132/99

Social Development Act

SOCIAL ALLOWANCE AMENDMENT REGULATION

Filed: June 9, 1999

Made by the Lieutenant Governor in Council (O.C. 248/99) pursuant to

section 30 of the Social Development Act.

1 The Social Allowance Regulation (AR 213/93) is amended by this

Regulation.

Section 13 is amended

(

a) in subsection (3) by repealing the table and substituting the

following table:

Ages of Children

in Family Unit

Monthly Standard

Allowance

Number of Children in Family Unit

0-11

years

12-17

years

one

adult

two

adults

$229

$426

(

b) by repealing subsection (4) and substituting the following:

(4) In the case of a family unit with more than 5 children,

for the 6th child and for each additional child, the standard allowance may

be increased by adding

(a) $96 per month for a child 0 to 11 years of age, and

(b) $129 per month for a child 12 to 17 years of age.

(

c) in subsection (5)

(

i) in clause (

a) by striking out "$111" and

substituting "$96";

(ii) in clause (

b) by striking out "$144" and

substituting "$129";

(

d) by repealing subsection (5.1);

(

e) in subsection (9) by repealing the table and substituting the

following table:

Unit

Amount

individual adult

$143

each adult in 2-person family unit

each adult in 3-person or larger family unit

1st child under 12 years of age

1st child 12 to 17 years of age

2nd child under 12 years of age

2nd child 12 to 17 years of age

3rd child under 12 years of age and for each additional child under 12

years of age

3rd child 12 to 17 years of age and for each additional child 12 to 17

years of age

Section 30.1 is repealed and the following is substituted:

Eligibility for benefits in addition to National Child Benefit Supplement

30.1(1) In this section, "former recipient" means a person who is

ineligible to receive a social allowance under

section 2 as a result of

(

a) receiving a National Child Benefit Supplement in

the month preceding August 1, 1999,

(

b) ceasing to be eligible to receive a payment in an

amount equal to the Working Income Supplement under

section 30.2(2), or

(

c) ceasing to be eligible on August 1, 1999 to receive

a payment calculated by the Director under

section 30.5(1)(

d) and (

e) or

section 30.6(2).

(2) The Director may provide to a former recipient, in the period

beginning on August 1, 1999 and ending on the following July 31,

(

a) health benefits, and

(

b) a monthly payment of $1.

(3) If within the one-year period described in subsection (2) the

former recipient

(

a) again becomes eligible to receive a social

allowance under

section 2, and

(

b) later becomes ineligible to receive a social

allowance under

section 4,

the Director may provide the benefits referred to in subsection

(2)(

a) and (

b) to the former recipient for the one-year period described in

that subsection.

Section 30.4(1)(

b) is amended by striking out "$27" and substituting

"$42".

Section 30.5(1)(

e) is amended by adding "that the applicant or

recipient is eligible for" after "Supplement".

Section 30.6(2) is amended by striking out "$27" and substituting

"$42".

7 This Regulation comes into force on August 1, 1999.

------------------------------

Alberta Regulation 133/99

Alberta Health Care Insurance Act

PAYMENT FOR OUT-OF-PROVINCE MEDICAL

CLAIMS AMENDMENT REGULATION

Filed: June 11, 1999

Made by the Minister of Health and Wellness (M.O. 45/99) pursuant to

section 7 of the Alberta Health Care Insurance Act.

1 The Payment for Out-of-Province Medical Claims Regulation (AR 282/85)

is amended by this Regulation.

Section 1 is amended by adding the following after subsection (2):

(3) Notwithstanding subsection (1) and the Claims for Benefits

Regulation (AR 204/81) but subject to

section 21 of the Alberta Health Care

Insurance Regulation (AR 216/81), if there is a disruption in hospital

services arising from a labour dispute and the Minister is of the opinion

that it is necessary to transfer a registrant outside Canada to receive

insured services, the Minister may pay benefits in respect of the insured

services in an amount as charged by the physician or organization rendering

the service.

Document details

CollectionAlberta — Gazette
Citation0630 ii
Typegazette
Volume / chapter0630 ii
Languageen
Formathtml
SourcePROVINCIAL
Identifiere7b686e428dca772617cf37d421296c932251e22

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