Alberta Gazette — 30 September (ii)

0930 ii

Alberta — Gazette

Alberta Regulation 200/99

Water Act

WATER (MINISTERIAL) AMENDMENT REGULATION

Filed: September 3, 1999

Made by the Minister of Environment (M.O. 37/99) pursuant to

section 169 of

the Water Act.

1 The Water (Ministerial) Regulation (AR 205/98) is amended by this

Regulation.

Schedule 1 is amended in

section 1

(

a) by renumbering it as

section 1(1);

(

b) in subsection (1) by striking out "this Schedule" and

substituting "section 2(c)";

(

c) by adding the following after subsection (1):

(2) Despite subsection (1), the only bridge crossing included in

"crossing" is a single span bridge.

Schedule 2 is amended by adding the following after

section 1:

2(1) In this section, "crossing" includes but is not limited to a

watercourse crossing, single span bridge crossing, culvert crossing or

ford, but does not include an ice or snow bridge, pipeline crossing,

telecommunication line crossing or a bridge crossing with more than one

span.

(2) An approval is not required for placing, constructing,

installing, maintaining, replacing or removing a crossing in a water body

in the Green Area where

(

a) the hydraulic, hydrologic or hydrogeological

characteristics of the water body are not altered at flood events below the

one in 25 year flood event,

(

b) the size of the culvert used in constructing the

crossing, if applicable, is 1.5 metres or less in diameter,

(

c) there is no diversion of water from the water body,

and

(

d) the installation of the crossing is not part of a

causeway through a lake, slough, wetland or other similar water body.

Alberta Regulation 201/99

Wildlife Act

WILDLIFE AMENDMENT REGULATION

Filed: September 7, 1999

Made by the Minister of Environment (M.O. 27/99) pursuant to sections 15,

25 and 96 of the Wildlife Act.

1 The Wildlife Regulation (AR 143/97) is amended by this Regulation.

Section 30 is amended

(

a) by adding the following after subsection (7):

(7.1) A Cypress Hills elk archery licence authorizes and only

authorizes the hunting of elk

(

a) with a bow and arrow,

(

b) in wildlife management units 116, 118 and 119, and

(

c) during an open season prescribed in Item 16 of

Table 4 of

Schedule 15.

(

b) in subsection (17) by striking out "200, 202, 204, 206, 214,

216, 221 to 238, 258, 260, 300 to 312, 322, 324, 332, 348, 500 to 502, 504,

505, 507 and 508" and substituting "202, 204, 206, 208, 214, 216, 220 to

230, 238 to 242, 258, 260, 300 to 312, 322, 324, 332, 334, 348, 500 to 505,

507 and 508".

3 The portion of the Schedules entitled "Interpretation of Schedules"

(preceding

Schedule 1) is amended in

section 1

(

a) by repealing subsection (1)(o);

(

b) in subsection (2) by striking out ", (

n) and (o)" and

substituting "and (n)".

Schedule 11 is amended in

Part 4 by adding the following after item 9:

10 The island in Buffalo Lake, locally known as Bird Island,

located in

section 30, township 40, range 20, west of the fourth meridian.

11 The island in Joseph Lake located in

section 12, township 50,

range 22, west of the fourth meridian.

Schedule 15 is amended

(

a) in

section 5

(

i) in clause (

m) by striking out "September 9 to

September 26" and substituting "September 8 to September 25";

(ii) in clause (

o) by striking out "November 26 to

November 28" and substituting "November 25 to November 27";

(

b) in

section 7(3)(

f) by striking out "1 female cougar or 2

cougar" and substituting "2 female cougar or 3 cougar";

(

c) in

section 8(2)(

c) by striking out "13" and substituting "12";

(

d) in

section 10(6) by striking out "September 5 to September 7"

and substituting "September 4 to September 6";

(

e) by adding the following after

section 11(a)(i):

(i.1) where the hunting is for Snow Geese or Ross' Geese,

(

f) in

section 14 by repealing footnote 2;

(

g) in

section 16

(

i) in footnote 2

(

A) by adding ", 349" after "347";

(

B) by adding "The pheasant season in WMU

349 is from October 15 to November 15." after "542.";

(ii) by repealing footnote 21 and substituting the

following:

21 This season does not apply to WMU 316, 318, 400, 402, 404,

406, 408 or 410. The ptarmigan season in WMUs 316 and 318 is from

September 1 to December 15. The ptarmigan season in WMUs 400, 402, 404,

406, 408 and 410 is from September 15 to November 30.

(iii) in footnote 24 by adding "The closing date for the

sharp-tailed grouse season in WMU 346 is November 30." after "September

1.";

(

h) by repealing Tables 1, 2, 3 and 4 and substituting the text set

out in the

Schedule to this Regulation;

(

i) in Table 6, under the heading "Ptarmigan" in relation to Game

Bird Zone 8, by striking out "S1-D1521" and substituting "S1-N3021".

SCHEDULE

TABLE 1

BIG GAME SEASONS

WMU

SEASON GROUP

GENERAL

SEASONS

ARCHERY ONLY

SEASONS

102,104,106

G24

A18

G24

A38

110,112,116,118,119,124

G24

A18

128,130

G24

A38

132,134,136,138,140,142,144,148,150,151,152,156

G24

A18

158,160

G27

A19

G24

A18

163,164

G27

A19

G32

A22

200,202,203,204,206,208

G25

A22

G27

A19

N/A

A34

G10

A32

216,220,221,222

G25

A22

G31

A41

226,228,230,232

G25

A22

G34

A10

236,238,240,242,244,246

G25

A22

N/A

A35

G26

A39

G30

A23

254,256,258

G25

A22

G30

A23

G22

A16

G41

A17

G21

A17

304,305

G23

A17

306,308

G21

A17

310,312

G20

A15

G49

A15

G37

A24

G35

A28

320,322,324

G31

A28

G48

G13

G11

G31

A28

334,336

G31

A41

G31

A28

G36

A29

G12

G31

A28

349,350

G12

353,354

355,356

357,358

G44

G45

A40

G53

G47

A14

G19

A14

404,406

G17

A12

G18

A13

N/A

A34

412,414

G15

A11

G51

A11

G46

A11

G28

A21

420,422

G51

A11

G14

A11

G51

A11

G51

A11

G15

A11

434,436

G14

A11

G16

A11

438,439

G14

A11

440,441,442,444,445,446

G15

A11

G30

A31

G33

A20

G26

A37

503,504

G42

A33

G38

A25

G26

A37

G39

A26

G25

A22

G34

A30

G40

A27

511,512,514,515,516

G29

517,518

519,520

G29

521,522

G44

524,525

G29

G52

A42

G50

G29

529,530,531,532,534

G29

539,540,542

G29

G43

A36

TABLE 2

GENERAL SEASONS

SEASON

GROUP #

WHITE-TAILED DEER

MULE DEER

MOOSE

ELK

BLACK BEAR

TROPHY SHEEP

Antlered

Antlerless

Antlered

Antlerless

Antlered

Antlerless

Antlered

Antlerless

Fall

Spring

Resident

NR - NRA

S1-N30

N1-N30

S1-N30

Closed

S1-O311

N1-N30

Closed

S1-N30

Ap17-Ju15

Closed

S17- N30

N1-N15

S17-N30

Closed

S24-O311

N1-N301

S24-N301,5

S17-N304

S17-N301

S8-N30

Ap17-Ju15

Closed

S17-N30

N1-N15

S17-N30

Closed

S24-O311

N1-N301

Closed

S17-N304

Closed

S17-N30

Ap1-Ma31

Closed

S17-N30

N1-N7

S17-N30

S17-N301

S24-O311

N1-N301

Closed

S17-N304

S17-D151

S8-N30

Ap17-Ju15

Closed

S17-N30

N1-N15

S17-N30

Closed

S24-O311

N1-N301

Closed

S17-N304

S17-N301

S8-N30

Ap17-Ju15

Closed

S17-N30

N1-N7

S17-N30

Closed

S24-O311

N1-N301

Closed

S8-N30

Ap17-Ju15

Closed

S17-N30

N1-N15

S17-N30

Closed

S24-O311

N1-N301

Closed

S17-N304

Closed

S8-N30

Ap17-Ju15

Closed

S17-N30

N1-N15

S17-N30

S17-N301

S24-O311

N1-N301

Closed

S17-N304

Closed

S17-N30

Ap1-Ma31

A25-O317

Closed

TABLE 2

GENERAL SEASONS (continued)

SEASON GROUP #

WHITE-TAILED DEER

MULE DEER

MOOSE

ELK

BLACK BEAR

TROPHY SHEEP

Antlered

Antlerless

Antlered

Antlerless

Antlered

Antlerless

Antlered

Antlerless

Fall

Spring

Resident

NR -NRA

S17-N30

N1-N15

S17-N30

Closed

S24-O311

N1-N301

Closed

S17-N304

S17-D151

S17-N30

Ap1-Ma31

Closed

G10

N1-N30

N1-N301

O25-N304

N1-D151

S8-N30

Ap1-Ma31

Closed

G11

S17-N30

N1-N15

S17-N30

Closed

S24-O311

N1-N301

Closed

S17-N304

S17-N301

S17-N30

Ap1-Ma31

Closed

G12

S17-N30

N1-N15

S17-N30

Closed

S24-O311

N1-N301

Closed

S17-N304

Closed

S17-N30

Ap1-Ma31

Closed

G13

S17-N30

N1-N15

S17-N30

Closed

S24-O311

N1-N301

Closed

S17-N304

Closed

S17-N30

Ap1-Ma31

A25-O317

Closed

G14

S24-N30

N1-N30

S24-N301

Closed

S24-O311

Closed

S17-N303

Closed

S8-N30

Ap17-Ju15

A25-O31

S1-O15

G15

S24-N30

N1-N30

S24-N30

Closed

S24-O311

Closed

S17-N303

Closed

S8-N30

Ap17-Ju15

A25-O31

S1-O15

G16

S24-N30

N1-N30

S24-N301

Closed

S24-O311

Closed

S17-N303

Closed

S8-N30

Ap17-Ju15

A25-S231,7

S24-O311,7

Closed

G17

S24-N301

S17-N301,3

S17-N301

S8-N30

Ap1-Ma15

S8-O31

Closed

G18

S24-N301

Closed

S17-N301,3

S17-N301

S8-N30

Ap1-Ma15

S8-O31

Closed

G19

S24-N30

N1-N15

S24-N301

Closed

S17-N304

S17-N301

S8-N30

Ap1-Ma15

S8-O31

Closed

G20

N1-N30

N1-N301

O25-N304

O25-D151

S24-N30

Ap1-Ma15

Closed

TABLE 2

GENERAL SEASONS (continued)

SEASON GROUP #

WHITE-TAILED DEER

MULE DEER

MOOSE

ELK

BLACK BEAR

TROPHY SHEEP

Antlered

Antlerless

Antlered

Antlerless

Antlered

Antlerless

Antlered

Antlerless

Fall

Spring

Resident

NR - NRA

G21

N1-N30

N1-N301

Closed

O25-N304

O25-D151

S24-N30

Ap1-Ma15

S8-O31

Closed

G22

N1-N30

N1-N301

Closed

S24-N30

Ap1-Ma15

Closed

G23

N1-N30

N1-N301

Closed

O25-N304

O25-D151

S24-N30

Ap1-Ma15

Closed

G24

N4-N276

N4-N271,6

Closed

G25

N1-N30

N1-N301

Closed

S8-N30

Ap1-Ma31

Closed

G26

N1-N30

N1-N301

Closed

N1-N301

Closed

S8-N30

Ap1-Ma31

Closed

G27

N4-N276

N4-N271,6

N1-N301

Closed

G28

S24-N30

N1-N30

S24-N301

Closed

S24-O311

Closed

S17-N301,3

S17-N301

S8-N30

Ap17-Ju15

A25-O31

S1-O15

G29

S1-N30

N1-N30

S1-N30

Closed

S1-O311

N1-N301

Closed

S1-N30

Ap17-Ju15

Closed

G30

N1-N30

N1-N301

Closed

S8-N30

Ap1-Ma31

Closed

TABLE 2

GENERAL SEASONS (continued)

SEASON GROUP

WHITE-TAILED DEER

MULE DEER

MOOSE

ELK

BLACK BEAR

TROPHY SHEEP

Antlered

Antlerless

Antlered

Antlerless

Antlered

Antlerless

Antlered

Antlerless

Fall

Spring

Resident

NR - NRA

G31

N1-N30

N1-N301

N1-N304

N1-D151

S8-N30

Ap1-Ma31

Closed

G32

N1-N30

N1-N301

Closed

G33

N1-N30

N1-N301

Closed

S8-N30

Ap1-Ma31

Closed

G34

N1-N30

N1-N301

N1-N301,3

N1-D151

S8-N30

Ap1-Ma31

Closed

G35

N1-N30

N1-N15

N1-N301

N1-N304

N1-D151

S8-N30

Ap1-Ma31

Closed

G36

N1-N30

N1-N301

Closed

N1-N301

N1-N304

N1-D151

S8-N30

Ap1-Ma31

Closed

G37

S24-N30

N1-N30

S24-N30

Closed

N1-N301

N1-N304

Closed

S8-N30

Ap1-Ma31

Closed

G38

N1-N30

N1-N301

N1-N301,5

Closed

S8-N30

Ap1-Ma31

Closed

G39

N1-N30

N1-N301

N1-N304

Closed

S8-N30

Ap1-Ma31

Closed

G40

N1-N30

N1-N301

N1-N301,5

N1-N304

N1-D151

S8-N30

Ap1-Ma31

Closed

G41

N1-N30

N1-N301

Closed

O25-N304

O25-D151

S24-N30

Ap1-Ma15

S8-O317

Closed

G42

N1-N30

N1-N301

Closed

N1-N301

Closed

S8-N30

Ap1- Ma31

Closed

G43

S17-N30

N1-N30

S17-N30

Closed

S17-O311 N1-N301

Closed

S17-N30

Ap1-Ma15

Closed

TABLE 2

GENERAL SEASONS (continued)

SEASON GROUP

WHITE-TAILED DEER

MULE DEER

MOOSE

ELK

BLACK BEAR

TROPHY SHEEP

Antlered

Antlerless

Antlered

Antlerless

Antlered

Antlerless

Antlered

Antlerless

Fall

Spring

Resident

NR-NRA

G44

S17-N30

N1-N7

S17-N301

S24-O311

N1-N301

Closed

S17-N304

S17-D151

S8-N30

Ap17-Ju15

Closed

G45

S17-N30

N1-N7

S17-N301

S24-O311

N1-N301

S24-N301,5

S17-N304

S17-D151

S8-N30

Ap17-Ju15

Closed

G46

S24-N30

N1-N30

S24-N30

Closed

S24-O311

Closed

S17-N301,3

Closed

S8-N30

Ap17-Ju15

A25-O31

S1-O15

G47

S24-N30

N1-N15

S24-N301

Closed

S17-N304

S17-N301

S8-N30

Ap1-Ma15

S8-O317

Closed

G48

S17-N30

N1-N15

S17-N30

S17-N301

S24-O311

N1-N301

Closed

S17-N304

Closed

S17-N30

Ap1-Ma31

A25-O31

Closed

G49

N1-N30

N1-N301

O25-N304

N1-D151

S24-N30

Ap1-Ma15

Closed

G50

S17-N30

N1-N7

S17-N30

Closed

S24-O311

N1-N301

Closed

S17-N304

S17-D151

S8-N30

Ap17-Ju15

Closed

G51

S24-N30

N1-N30

S24-N301

Closed

S24-O311

Closed

S17-N301,3

Closed

S8-N30

Ap17-Ju15

A25-O31

S1-O15

G52

S17-N30

N1-N7

S17-N30

Closed

S24-O311

N1-N301

Closed

S17-D151

S8-N30

Ap17-Ju15

Closed

G53

S17-N30

N1-N7

S17-N301

Closed

S24-O311

N1-N301

Closed

S17-N304

S17-D151

S8-N30

Ap17-Ju15

Closed

TABLE 3

ARCHERY ONLY SEASONS

SEASON GROUP #

WHITE-TAILED DEER

MULE DEER

MOOSE

ELK

BLACK BEAR

Antlered

Antlerless

Antlered

Antlerless

Antlered

Antlerless

Antlered

Antlerless

Fall

Spring

A25-A31

Closed

A25-A31

Closed

A25-A31

Closed

A25-S16

Closed

A25-S23

Closed

A25-S164

A25-S16

A25-S7

Closed

A25-S16

A25-S23

Closed

A25-S164

A25-S16

A25-S7

Closed

A25-S16

Closed

A25-S23

A25-S235

A25-S164

A25-S16

A25-S7

Closed

A25-S16

Closed

A25-S23

Closed

A25-S7

Closed

A25-S16

Closed

A25-S23

Closed

A25-S164

Closed

A25-S7

Closed

A25-S16

A25-S23

Closed

A25-S164

Closed

A25-S16

Closed

A25-S16

Closed

A25-S23

Closed

A25-S164

A25-S16

Closed

A25-S16

Closed

A25-S23

Closed

A25-S164

Closed

A25-S16

Closed

A10

S8-O31

S8-0311

S8-0313

S8-031

Closed

A11

A25-S23

Closed

A25-S23

Closed

A25-S163

Closed

A25-S7

Closed

TABLE 3

ARCHERY ONLY SEASONS (continued)

SEASON GROUP #

WHITE-TAILED DEER

MULE DEER

MOOSE

ELK

BLACK BEAR

Antlered

Antlerless

Antlered

Antlerless

Antlered

Antlerless

Antlered

Antlerless

Fall

Spring

A12

S8-S23

S8-S163

S8-S16

Closed

A13

S8-S23

Closed

S8-S163

S8-S16

Closed

A14

S8-S23

S8-S231

Closed

S8-S164

S8-S16

Closed

A15

S8-O31

S8-O311

S8-O244

S8-O24

S8-S23

Closed

A16

S8-O31

S8-O311

Closed

S8-S23

Closed

S8-O31

S8-O311

Closed

S8-O244

S8-O24

S8-S23

Closed

A18

S8-N3

Closed

A19

S8-N3

S8-O311

Closed

A20

S8-O31

Closed

A21

A25-S23

Closed

A25-S23

Closed

A25-S163

A25-S16

A25-S7

Closed

A22

S8-O31

S8-O311

Closed

A23

S8-O31

S8-O311

Closed

A24

A25-S23

Closed

S8-O31

S8-O314

Closed

TABLE 3

ARCHERY ONLY SEASONS (continued)

SEASON GROUP

WHITE-TAILED DEER

MULE DEER

MOOSE

ELK

BLACK BEAR

Antlered

Antlerless

Antlered

Antlerless

Antlered

Antlerless

Antlered

Antlerless

Fall

Spring

A25

S8-O31

S8-O315

Closed

A26

S8-O31

S8-O314

Closed

A27

S8-O31

S8-O315

S8-O314

S8-O31

Closed

A28

S8-O31

S8-O314

S8-O31

Closed

A29

S8-O31

Closed

S8-O31

S8-O314

S8-O31

Closed

A30

S8-O31

S8-O313

S8-O31

Closed

A31

S8-O31

Closed

A32

S8-O31

S8-O311

S8-O244

S8-O24

Closed

A33

S8-O31

Closed

S8-O31

Closed

A34

S8-N30

Ap1-Ma31

TABLE 3

ARCHERY ONLY SEASONS (continued)

SEASON GROUP

WHITE-TAILED DEER

MULE DEER

MOOSE

ELK

BLACK BEAR

Antlered

Antlerless

Antlered

Antlerless

Antlered

Antlerless

Antlered

Antlerless

Fall

Spring

A35

S8-N30

Closed

A36

Closed

A37

S8-O31

Closed

S8-O31

Closed

A38

S8-N3

O1-N3

S8-N3

Closed

A39

S8-031

Closed

S8-0311

Closed

A40

A25-S16

A25-S23

A25-S235

A25-S164

A25-S16

A25-S7

Closed

A41

S8-031

S8-O31

S8-O311

S8-0311

S8-0314

S8-O31

Closed

A42

A25-S16

Closed

A25-S23

Closed

A25-S16

A25-S7

Closed

TABLE 4

ADDITIONAL SEASONS

ITEM NO.

COLUMN I

BIG GAME

COLUMN II

LICENCE TYPE

COLUMN III

OPEN SEASON

COLUMN IV

LOCATION

Trophy sheep

WMU 410 Trophy Sheep Special Licence, or Non-resident / Non-resident Alien

Trophy Sheep Special Licence

S8-N30

WMU 410

Trophy sheep

Resident Trophy Sheep Licence

S8-O31

WMU 410

Non-trophy sheep

Non-trophy Sheep Special Licence

S8-O31

Big Game Zone 4 except non-trophy sheep hunting areas 412, 414, 418C, 422B,

426B, 428, 436, 438B, 439, 441 and 446

Non-trophy sheep

Non-trophy Sheep Special Licence

S11-O31

Big Game Zone 5 except non-trophy sheep hunting areas 404A and 404B.

Non-trophy sheep hunting areas 402A, 402-303, 306 and 402-308

Non-trophy sheep

Non-trophy Sheep Special Licence

S8-N30

Non-trophy sheep hunting area 410

Trophy antelope

Trophy Antelope Special Licence

O18-O23

Antelope hunting areas A, B, C, D and F

Trophy antelope

Trophy Antelope Special Licence

S27-O2

Antelope hunting areas E, G and H

Trophy antelope

Antelope Archery Special Licence, or Non-resident or Non-resident Alien

Trophy Antelope Special Licence

S8-S25

Antelope hunting areas A, B, C, D, E, F, G and H

TABLE 4

ADDITIONAL SEASONS (continued)

White-tailed deer and mule deer

Camp Wainwright Deer Special Licence

N25-N27, D6-D8, D9-D11

WMUs 728 and 730

White-tailed and Antlered mule deer

Camp Wainwright Deer Special Licence

N29-D1, D2-D4

WMUs 728 and 730

Antlerless mule deer and Antlerless white-tailed deer

Foothills Deer Licence

D6-D9, D13-D16

WMU 212

White-tailed deer

Strathcona White-tailed Deer Licence

Mondays, Tuesdays, Wednesdays, Thursdays and Fridays only from O25-D3

That portion of WMU 248 within the County of Strathcona

White-tailed deer

White-tailed Deer Licence

O17-O31, N9-N30

WMU 936

Elk

Cypress Hills Elk Special Licence

Tuesdays, Wednesdays, Thursdays and Fridays only from O19-N26

WMUs 116, 118, 119 and 624

Elk

Cypress Hills Elk Special Licence

Tuesdays, Wednesdays, Thursdays and Fridays only from D7-J14

WMUs 116, 118 and 119

TABLE 4

ADDITIONAL SEASONS (continued)

Elk

Cypress Hills Elk Archery Licence

S8-O18

WMUs 116, 118 and 119

Antlerless elk and Three point elk

WMU 300 Elk Special Licence, or Non-resident or Non-resident Alien Antlered

Elk Special Licence

S8-O24, O25-D24, D25-F21

WMU 300

Antlerless elk

WMU 212 Antlerless Elk Archery Licence

S8-N30

WMU 212

Elk

Antlered Elk Special Licence and Antlerless Elk Special Licence

S8-S23, S24-O8,

O9-O24

WMUs 102 and 104

Antlered elk

Antlered Elk Special Licence

O17-O31,

N1-N23

WMU 936

Calf moose

Calf Moose Special Licence

N25-N27, N29-D4, D6-D11

WMUs 728 and 730

Antlered Moose and Antlerless moose

Antlered Moose Special Licence, or Antlerless Moose Special Licence

N25-N27, N29-D4,

D6-D11

WMUs 728 and 730

Antlered moose and Antlerless moose

Antlered Moose Special Licence, or Antlerless Moose Special Licence

O17-O31, N1-N23

WMU 936

Antlered moose

Antlered Moose Special Licence

S17-O31, N1-N30

WMU 651

Grizzly bear

Grizzly Bear Special Licence

Ap1-Ma31

Big Game Zone 3 except WMU 330.

Big Game Zone 4 except WMUs 412 and 428.

WMUs 316, 318, 349, 351, 353, 354, 355, 356, 357, 524, 525, 527 and 537.

Grizzly bear

Grizzly Bear Special Licence

Ap1-Ma15

Big Game Zone 6.

WMUs 300, 302, 306 and 308.

Alberta Regulation 202/99

Dairy Board Act

MINIMUM MILK PRICE ORDER

Filed: September 14, 1999

Made by the Alberta Energy and Utilities Board (Order U99078) pursuant to

section 12 of the Dairy Board Act.

1 All Class 1 milk shall be purchased on a hectolitre basis and where

that milk has a butterfat content of 3.60 kilograms per hectolitre the

minimum price for that Class 1 milk shall be $61.85 per hectolitre.

2 The Minimum Milk Price Order (AR 37/99) is repealed.

3 The Order comes into force September 15, 1999

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

Alberta Regulation 203/99

Assured Income for the Severely Handicapped Act

ASSURED INCOME FOR THE SEVERELY

HANDICAPPED REGULATION

Filed: September 15, 1999

Made by the Lieutenant Governor in Council (O.C. 358/99) pursuant to

section 13 of the Assured Income for the Severely Handicapped Act.

Interpretation 1

Handicap benefit 2

Exempt income 3

Determining income 4

Reinstatement 5

Exempt assets 6

Disposition of exempt assets 7

Joint asset calculation 8

Annuities 9

Asset valuation 10

Repeal 11

Expiry 12

Coming into force 13

Schedules

Interpretation

1(1) For the purposes of the Act,

(a) "dependent child" means an individual under the age of 18 years

who resides with and is financially dependent on a person who receives a

handicap benefit;

(b) "principal residence" means one home or the home quarter

section of a farm in or on which the applicant or recipient resides and

includes

(

i) the home furnishings, and

(ii) buildings on the home quarter section;

functioning or both that, in the opinion of the Director after considering

any relevant medical or psychological reports, causes substantial

limitation in the person's ability to earn a livelihood and is likely to

continue to affect that person permanently because no remedial therapy is

available that would materially improve the person's ability to earn a

livelihood or improve the person's mental or physical functioning;

(d) "spouse" means a person of the opposite sex

(

i) who resides with and is married to an applicant or

recipient of a handicap benefit,

(ii) with whom the applicant or recipient is living and

has declared a common-law relationship for purposes other than for

receiving a handicap benefit,

(iii) with whom, in the Director's opinion, the applicant

or recipient is living in a conjugal relationship,

(iv) with whom the applicant or recipient is living and

has had or has adopted a dependent child, or

(

v) who does not reside with the applicant for or

recipient of a handicap benefit but otherwise has a relationship with the

applicant or recipient described in subclause (i), (ii), (iii) or (iv) and

has a financial interdependency, other than for the support of children,

with the applicant or recipient.

(2) For the purposes of this Regulation,

(a) "cash-equivalent asset" means a financial instrument that is

readily convertible to cash;

(b) "exempt asset" means an asset described in

section 5.3(a), (

b) or (

c) of the Act or in

section 6 of this Regulation plus the $100 000

referred to in sections 4(2)(

d) and 5.2(2) of the Act;

cashed in at the current value with fair exposure to the market;

(d) "non-exempt asset" means an asset other than an exempt asset.

Handicap benefit

2 The categories and amounts of handicap benefits or modified amounts of

handicap benefits that may be provided under the Act are set out in

Schedule 2.

Exempt income

3(1) The income of any person and of the person's spouse that is exempt

for the purpose of determining the amount of a handicap benefit payable to

that person is specified in

Schedule 1.

(2) When making a determination under

Schedule 1, all references to income

Schedule 1 are to gross income, unless

Schedule 1 specifically refers to

net income.

Determining income

4 The following applies for the purpose of determining the amount of a

handicap benefit, if any, that is payable to a person under

Schedule 2:

(

a) income is considered to be received regardless of whether the

income is actually withdrawn or received;

(

b) if income is received as a lump sum which, but for a delay of

payment, would have been received as periodic payments, the Director

(

i) must divide the lump sum by the number of months to

which the lump sum relates, and

(ii) must recalculate the recipient's monthly handicap

benefit by attributing the divided lump sum to the months to which the lump

sum relates

and any overpayment resulting from the recalculation is subject

section 9 of the Act;

(

c) the income of a dependent child of the person is to be ignored

unless the income is deemed to be entitled to be received under

section

5.4(2) of the Act;

(

d) deductions from income allowed under the Income Tax Act

(Canada) for the purposes of determining net income or taxable income shall

not be used in the calculation of income for the purposes of this

Regulation;

(

e) income that is not exempt under

Schedule 1 must be deducted

dollar for dollar from the handicap benefit otherwise payable;

(

f) if spouses are not living together because one spouse must live

in a facility, the Director may exempt all or part of the income of the

spouse not living in the facility for the purpose of determining the

handicap benefit if in the opinion of the Director inclusion of the income

would create a financial hardship for the family.

Reinstatement

5 If within 2 years of ceasing to receive a handicap benefit because a

recipient had too much employment income to maintain eligibility and if the

recipient reapplies for a handicap benefit, the application must be made in

accordance with the Act and the regulations, but submission of proof of

suffering from a severe handicap is not required.

Exempt asserts

6 Subject to

section 7, the value of the following assets are exempt

assets under

section 5.3(

d) of the Act:

(

a) an insurance settlement used for the replacement of exempt

property within 90 days of the settlement;

(

b) money received from and assets purchased with money received as

compensation

(

i) for sterilization from the Government of Alberta;

(ii) from a province for HIV infection from the blood

supply;

(iii) under the Extraordinary Assistance Plan from the

(iv) under the Victims of Crime Act (Alberta) from the

Government of Alberta;

(

v) under the Japanese Canadian Redress Agreement from

(

c) a locked-in retirement account while the money in the account

cannot be withdrawn by the owner of the account;

(

d) assets held by a trustee in a bankruptcy proceeding.

Disposition of exempt assets

7(1) If an exempt asset described in

section 5.3(a), (

b) or (

c) of the Act

is sold, the proceeds of the sale remain an exempt asset if the proceeds

are used, within 90 days, to purchase another exempt asset.

(2) Despite subsection (1), if a purchase described in subsection (1) has

been commenced within 90 days, the Director may grant an additional 90 days

to complete the purchase.

(3) If the proceeds from the sale of a non-exempt asset are used to

purchase or pay down the debt on an exempt asset, that asset is or

continues to be an exempt asset.

Joint asset calculation

8(1) If an asset is jointly or communally owned, the value of the asset

attributed to any owner is the amount calculated by dividing the value of

the asset equally among all the owners.

(2) Despite subsection (1), if a written document establishes the

percentage of ownership of an asset owned by more than one person, the

amount attributed to any owner is the amount determined in accordance with

the document.

(3) Despite subsection (1), if one of the beneficiaries of a trust is an

applicant for or a recipient of a handicap benefit and the trust

establishes the percentage of the trust held on behalf of the beneficiary,

the amount of the principal and income of the trust to be attributed to the

beneficiary is in proportion to the trust established for the beneficiary.

Annuities

9 If an applicant for or the recipient of a handicap benefit owns an

annuity, the principal of the annuity is deemed to be an asset and the

interest generated by the annuity is deemed to be income.

Asset valuation

10(1) If money is borrowed and is secured by an exempt asset, the debt

created cannot be used to reduce the value of a non-exempt asset.

(2) The valuation of assets is as follows:

(

a) stocks, bonds, securities, shares of a mutual fund, annuities,

debentures, any other investments, and cash equivalents are valued at the

market value;

(

b) all other property and businesses are to be valued at the

market value less any debt that is evidenced by a written agreement, that

requires the debt to be paid back at the rate of interest that is greater

than or equal to the prescribed interest rate as published quarterly under

the Income Tax Act (Canada) at the time the agreement was executed if the

property or business is security for the debt.

Repeal

11 The Assured Income for the Severely Handicapped Regulation (AR 331/79)

is repealed.

Expiry

12 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 September 30, 2004.

Coming into force

13 This Regulation comes into force on the coming into force of

section

11 of the Assured Income for the Severely Handicapped Amendment Act, 1999.

SCHEDULE 1

INCOME EXEMPTIONS

1 The following income of a person and the person's spouse is exempt for

the purpose of determining the amount of a handicap benefit payable to that

person:

(

a) a Canada child tax benefit under the Income Tax Act (Canada);

(

b) income generated by a locked-in retirement account while the

money in the account cannot be withdrawn by the owner;

(

c) a grant or loan given to start a business by the Government of

Canada or Alberta or by a not-for-profit organization;

(

d) an award or prize given in recognition of outstanding academic

or community achievement;

(

e) a death benefit paid under the Canada Pension Plan (Canada);

(

f) a goods and services tax credit;

(

g) a payment of the family employment tax credit under the

Alberta Income Tax Act;

(

h) a remote area heating allowance under the Natural Gas Rebates

Regulation (AR 105/92);

(

i) money received from the Government to pay for the cost of

propane for home heating;

(

j) a handicap benefit received by the spouse of the person;

(

k) a payment under

section 9 of the Social Development Act;

(

l) a payment made under the Child Welfare Act to a foster parent

for the basic maintenance of the foster child;

(

m) the first $400 of monthly income received on behalf of each

dependent child, excluding income exempted by any other clause in this

section;

(

n) student loans;

(

o) a grant under the Enhanced Home Adaptation Program under the

Housing Grants Regulation (AR 204/84);

(

p) financial benefits paid pursuant to the Victims of Crime Act

(Alberta);

(

q) a payment received under the Japanese Canadian Redress

Agreement;

(

r) a payment received under the federal Extraordinary Assistance

Plan;

(

s) a payment received from the government of a province as

compensation for a person's having been infected with HIV from the blood

supply;

(

t) money received from the Government of Alberta to assist a

person with a disability in purchasing services that will enable the person

to live in the community;

(

u) up to and including $600 per person per year received as gifts

to mark social occasions, and up to and including $600 per year received on

behalf of each dependent child as gifts to mark social occasions;

(

v) income tax refunds.

2(1) In this section,

(a) "cost of living increase" means a cost of living increase that

became effective between January 1, 1989 and December 31, 1990 in respect

(

i) a spouse's allowance under the Old Age Security Act

(Canada), or

(ii) benefits under the following Acts:

(

A) Canada Pension Plan (Canada);

(

B) War Veterans Allowance Act (Canada);

(

C) Pension Act (Canada);

(

D) Merchant Navy Veteran and Civilian

War-related Benefits Act (Canada);

(

E) any other Act under the administration

of the Minister of Veterans Affairs (Canada);

(b) "handicap benefit" means the handicap benefit referred to in

section 1 of

Schedule 2.

(2) A cost of living increase paid to a person when the person was

receiving a handicap benefit between January 1, 1989 and December 31, 1990

is exempt for the purpose of determining the amount of a handicap benefit

for the month of February 1991 and thereafter.

(3) A cost of living increase is not exempt under subsection (2) if, after

January 1, 1991, the person who received the cost of living increase ceases

to be eligible for a handicap benefit for a period exceeding one month.

3 If a single person with no dependent children has monthly income from

any of the sources listed in Table 1, the amount of that income that is

exempt for the purposes of determining the amount of the handicap benefit

payable to that person is the aggregate of that income to a maximum of $200

and 25% of the amount in excess of $200.

4 If a person has a spouse who is not eligible for a handicap benefit or

a dependent child, or both, and the person or his spouse, or both of them,

have monthly income from any of the sources listed in Table 1 or 2, the

amount of that income that is exempt for the purposes of determining the

amount of the handicap benefit payable to that person is the aggregate of

(

a) the monthly income of the person and his spouse from all

sources listed in Table 1, and

(

b) the monthly income of the spouse from all sources listed in

Table 2,

to a maximum of $775 and 25% of the amount in excess of $775.

5(1) If a person and his spouse are both eligible for a handicap benefit

and either or both of them have monthly income from any of the sources

listed in Table 1, the amount of that income that is exempt for the purpose

of determining the amount of the handicap benefit payable to each recipient

is calculated separately in respect of each recipient and is in each case

the aggregate of that recipient's income to a maximum of $200 and 25% of

the amount in excess of $200.

(2) Where, in a case referred to in subsection (1) the recipients have a

dependent child, the amount of Table 1 income that is exempt for the

purpose of determining the amount of the handicap benefit payable to each

recipient is calculated separately in respect of each recipient and is the

aggregate of that recipient's income to a maximum of

(a) $200 and 25% of the amount in excess of $200, in the case of

one recipient, and

(b) $775 and 25% of the amount in excess of $775 in the case of the

other recipient.

Table 1

Partial Income Exemptions for Applicants,

Recipients and their Spouses

(

a) interest income from any source;

(

b) investment income;

(

c) an award or settlement of a personal injury claim;

(

d) dividend income;

(

e) income from land leases for oil exploration;

(

f) winnings from lotteries and other games of chance;

(g) 50% of board and room income;

(h) 25% of rental income generated from renting part of a principal

residence;

(

i) farm income, including income from the lease of farm land, less

deductible expenses;

(

j) business income, including income from rental properties, less

deductible expenses;

(

k) scholarships, bursaries, training allowances and other student

grants;

(

l) net earnings from self-employment;

(

m) net earnings from employment after the amount of money deducted

(

i) for statutory deductions for income tax, employment

insurance and the Canada Pension Plan (Canada),

(ii) by an employer that must be paid by an employee as

a condition of employment, and

(iii) by an employer for a health benefit;

(

n) payments received from life insurance policies on terminally

ill persons;

(

o) the monetary value, as determined by the Director, of

accommodation, goods and services provided without charge to an applicant,

recipient or the spouse of an applicant or recipient for work performed by

the applicant, recipient or spouse;

(

p) honoraria;

(

q) money received for loss of income under a private disability

insurance plan.

NOTES:

1(1) Farm and business income must be calculated based on the previous

year's income and prorated to determine the monthly income for the current

year.

(2) Despite subsection (1), the Director may direct that the farm or

business income be calculated on a time period other than the previous year

if in the opinion of the Director there is a significant decrease in the

income of an applicant for or a recipient of a handicap benefit because of

a deterioration in the severe handicap condition of the applicant or

recipient.

2 Deductible expenses from farm and business income are those expenses

that are directly related to the generation of the income, and do not

include

(

a) personal living expenses,

(

b) expenses related to the expansion of the business or farming

operation,

(

c) depreciation of assets, or

(

d) allowances for bad debts.

3 If farm or business income is generated from a communal or joint

operation, the amount of income attributed to a person or his spouse for

the purpose of determining the amount of handicap benefit payable to that

person is determined by apportioning the total income equally among the

persons entitled to the income.

4 Despite clause (

m) of Table 1, the Director may change an amount under

clause (

m) of Table 1 if in the opinion of the Director an applicant for or

a recipient of a handicap benefit has

(

a) manipulated the statutory deduction, or

(

b) voluntarily increased income tax withholdings

to reduce monthly income for the purpose of receiving a handicap benefit.

Table 2

Partial Income Exemptions for Spouses

(

a) a benefit under the Old Age Security Act (Canada);

(

b) a benefit received under the Seniors Benefit Act;

(

c) a pension or compensation under the Workers' Compensation Act;

(

d) a benefit under the Employment Insurance Act (Canada);

(

e) a benefit under the Pension Act (Canada);

(

f) a benefit, other than a death benefit, under the Canada Pension

Plan (Canada);

(

g) Quebec Pension Plan (Quebec) payments;

(

h) a benefit under the War Veterans Allowance Act (Canada);

(

i) a benefit under the Merchant Navy Veteran and Civilian

War-related Benefits Act (Canada);

(

j) a benefit under any other Act under the administration of the

Minister of Veterans Affairs (Canada);

(

k) retirement income, including pension payments and payments from

annuities;

(

l) mineral royalties;

(

m) land claims settlements.

SCHEDULE 2

CATEGORIES AND AMOUNTS

OF HANDICAP BENEFITS

1 The monthly handicap benefit is $850 less any income that is not exempt

under

Schedule 1.

2(1) In this section, "co-payment" means the amount paid to a recipient by

a Director as a contribution to a recipient for the fee charged for

obtaining drugs prescribed to the recipient.

(2) The Director may pay a co-payment of $5 a month to a recipient of a

handicap benefit.

(3) The Director may exempt a person from the requirement of paying a fee

for obtaining prescription drugs, in which case the Director shall not pay

a co-payment under subsection (2).

3 Despite sections 1 and 2, the monthly handicap benefit payable in

respect of a person who is a resident of a facility

(

a) owned and operated by the Government, and

(

b) not designated as a facility in

Schedule 1 of the Facilities,

Institutions, Health Benefits Regulation

is the amount calculated under

section 1 less the monthly resident rate

payable by that person.

4 The monthly modified handicap benefit under

section 4(4) of the Act is

the accommodation charge referred to in

section 14(9) of the Social

Allowance Regulation (AR 213/93), plus $175, less any income that is not

exempt under

Schedule 1.

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

Alberta Regulation 204/99

Social Development Act

SOCIAL ALLOWANCE AMENDMENT REGULATION

Filed: September 15, 1999

Made by the Lieutenant Governor in Council (O.C. 360/99) pursuant to

section 30 of the Social Development Act.

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

Regulation.

Section 20.1(1) is amended by striking out "$20" and substituting

"$78".

3 This Regulation comes into force on October 1, 1999.

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

Alberta Regulation 205/99

Government Organization Act

DESIGNATION AND TRANSFER OF RESPONSIBILITY

AMENDMENT REGULATION

Filed: September 15, 1999

Made by the Lieutenant Governor in Council (O.C. 362/99) pursuant to

sections 16, 17 and 18 of the Government Organization Act.

1 The Designation and Transfer of Responsibility Regulation (AR 127/99)

is amended by this Regulation.

Section 3 is amended by adding the following after subsection (7):

(8) The responsibility for the administration of the children's

advocacy function of the Ministry Support Services Program, previously

transferred to the Minister of Human Resources and Development, is

transferred to the Minister of Children's Services.

(9) The responsibility for the administration of that part of the

public service directly employed in the administration of the function

described in subsection (8) is transferred to the Minister of Children's

Services.

(10) The responsibility for the administration of the total of $11

016 000 of elements 1.0.7, 1.0.9, 1.0.10, 1.0.11, 1.0.12, 1.0.13 and 1.0.14

of Program 1 - Ministry Support Services of the operating expense and

capital investment supply vote of the 1999-2000 Government appropriation

for Family and Social Services, previously transferred to the Minister of

Human Resources and Employment, is transferred to the Minister of

Children's Services.

Section 9 is amended by adding the following after subsection (9):

(10) The responsibility for the administration of the services to

persons with developmental disabilities function of the Ministry Support

Services Program, previously transferred to the Minister of Human Resources

and Development, is transferred to the Minister of Health and Wellness.

(11) The responsibility for the administration of the total of $4

805 000 of elements 1.0.6, 1.0.7, 1.0.9, 1.0.10, 1.0.11, 1.0.12, 1.0.13 and

1.0.14 of Program 1 - Ministry Support Services of the operating expense

and capital investment supply vote of the 1999-2000 Government

appropriation for Family and Social Services, previously transferred to the

Minister of Human Resources and Employment, is transferred to the Minister

of Health and Wellness.

Section 10 is amended by adding the following after subsection (8):

(9) The responsibility for the administration of that part of the

public service consisting of the following position numbers is transferred

from the Minister of Learning to the Minister of Human Resources and

Employment:

(10) The responsibility for the administration of the total of $4

337 000 of elements 1.0.4, 1.0.5, 1.0.6, 1.0.7, 1.0.8 and 1.0.9 of Program

1 - Ministry Support Services and of element 3.1.2 of Program 3 - Support

for Adult Learners, related to the transfer in subsection (9), of the

operating expense and capital investment supply vote of the 1999-2000

Government appropriation for Advanced Education and Career Development,

previously transferred to the Minister of Learning, is transferred to the

Minister of Human Resources and Employment.

(11) The responsibility for the administration of the First Nations

liaison unit function of the Ministry Support Services Program, previously

transferred to the Minister of Children's Services, is transferred to the

Minister of Human Resources and Employment.

(12) The responsibility for the administration of $300 000 of

Program 3 - Services for Children and Families, related to the transfer in

subsection (11), of the operating expense and capital investment supply

vote of the 1999-2000 Government appropriation for Family and Social

Services, previously transferred to the Minister of Children's Services, is

transferred to the Minister of Human Resources and Employment.

Section 15 is amended by adding the following after subsection (6):

(7) The responsibility for the administration of the student

financial assistance function of the Support for Adult Learners Program,

previously transferred to the Minister of Human Resources and Employment,

is transferred to the Minister of Learning.

(8) The responsibility for the administration of that part of the

public service directly employed in the administration of the function

described in subsection (7) is transferred to the Minister of Learning.

(9) The responsibility for the administration of the total of $6 857

000 of elements 3.1.1 and 3.2.4 of Program 3 - Support for Adult Learners,

related to the transfer in subsection (7), of the operating expense and

capital investment supply vote of the 1999-2000 Government appropriation

for Advanced Education and Career Development, previously transferred to

the Minister of Human Resources and Employment, is transferred to the

Minister of Learning.

Section 16 is amended by adding the following after subsection (8):

(9) The responsibility for the administration of the safety services

and freedom of information and protection of privacy function of the

Ministry Support Services Program, previously transferred to the Minister

of Human Resources and Development, is transferred to the Minister of

Municipal Affairs.

(10) The responsibility for the administration of the total of $1

216 397 of elements 1.0.3, 1.0.4, 1.0.5 and 1.0.6 of Program 1 - Ministry

Support Services of the operating expense and capital investment supply

vote of the 1999-2000 Government appropriation for Labour, previously

transferred to the Minister of Human Resources and Employment, is

transferred to the Minister of Municipal Affairs.

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

Alberta Regulation 206/99

Agriculture Financial Services Act

AGRICULTURE FINANCIAL SERVICES AMENDMENT REGULATION

Filed: September 15, 1999

Made by the Lieutenant Governor in Council (O.C. 364/99) pursuant to

sections 52.1 and 53 of the Agriculture Financial Services Act.

1 The Agriculture Financial Services Regulation (AR 174/94) is amended by

this Regulation.

2 The following is added after

section 6.1:

Interest rates

6.2(1) The Corporation

(

a) may from time to time as determined by the

Corporation, or at the direction of the Minister must, review the interest

rates to be charged on loans or other money owing to the Corporation, and

(

b) after making a review of interest rates may, with

the prior approval of the Minister,

(

i) maintain the existing rates, or

(ii) set new rates.

(2) Nothing in this

section shall have the effect of allowing the

interest rate to be increased effective prior to the date that the

Corporation sets the increased rate.

Section 11 is repealed.

Section 18(3) is amended by striking out "Regulation" and substituting

"Part".

Section 49.1 is amended

(

a) in subsection (1)

(

i) by repealing clause (

a) and substituting the

following:

(a) "Alberta resident" or "resident of

Alberta" means an individual who, for the claim year and for at least one

of the 3 years immediately preceding the claim year, reports income by

filing the appropriate Federal and Alberta income tax returns;

(ii) by adding the following after clause (b):

(b.1) "common share" means a share that

carries the right

(

i) to receive a profit by way

of dividend, and

(ii) to participate in the

assets of the private corporation on winding-up;

(b.2) "private corporation" means a

corporation the shares of which are not publicly-traded securities;

(iii) by adding the following after clause (d):

(d.1) "share" means common share and

"shareholder" means the holder of one or more common shares;

(

b) by adding the following after subsection (1):

(1.1) For the purposes of subsection (1)(a), the income tax

return filed for the claim year is the only return on which income earned

from farming operations needs to be reflected.

Section 49.3(2) is repealed and the following is substituted:

(2) For the purposes of this section,

(

a) in respect of a claim year,

(

i) an individual is considered to be

carrying on the business of farming if the individual is actively farming

and reports farming income earned in Alberta on the appropriate income tax

return filed for the claim year;

(ii) a corporation is considered to be

carrying on the business of farming if the corporation is actively farming

and reports farming income earned in Alberta on the appropriate income tax

return filed for the claim year;

(iii) a trust is considered to be carrying on

the business of farming if the trust is actively farming and reports

farming income earned in Alberta on the appropriate income tax return filed

for the claim year;

(

b) an individual is considered to be actively farming

if the individual

(

i) carries out the physical work needed to

produce and market the agricultural commodity produced by the individual's

farming operation, or

(ii) makes the day to day management

decisions for the individual's farming operation,

or both carries out the physical work and makes the

day to day management decisions;

(

c) a private corporation is considered to be actively

farming if at least one of the shareholders of the corporation is an

individual who is a resident of Alberta and

(

i) carries out the physical work needed to

produce and market the agricultural commodity produced by the corporation's

farming operation, or

(ii) makes the day to day management

decisions for the corporation's farming operation,

or both carries out the physical work and makes the

day to day management decisions;

(

d) a trust is considered to be actively farming if at

least one of the beneficiaries of the trust is an individual who is a

resident of Alberta and

(

i) carries out the physical work needed to

produce and market the agricultural commodity produced by the trust's

farming operation, or

(ii) makes the day to day management

decisions for the trust's farming operation,

or both carries out the physical work and makes the

day to day management decisions;

(

e) an individual who is a shareholder in a corporation

that is a shareholder in a private corporation referred to in subsection

(1)(

b) is considered to be a shareholder of the private corporation.

Section 49.4 is amended by repealing subsections (3) to (10) and

substituting the following:

(3) The Corporation may deduct from a compensation payment an

administration fee in an amount prescribed by the Minister.

(4) The Corporation may deduct from a compensation payment any

amounts owing by the applicant to the Corporation or to any department or

agency of the Crown that is involved in the delivery of the Program.

(5) After taking into account contributions made by the Crown in

Right of Alberta or Canada to a Net Income Stabilization Account on behalf

of the applicant, the Corporation may, in recognition of those

contributions, deduct from a compensation payment payable to the applicant

an amount as determined by the Corporation.

(6) The total amount of compensation paid under the Program in the

Corporation's fiscal year may not exceed $200 000 000.

(7) For the purposes of determining under subsection (6) the total

amount of compensation that may be paid under the Program in the

Corporation's fiscal year, the only claims that may be taken into account

for that fiscal year are the eligible claims of those applicants whose

taxation year-end occurs during that fiscal year of the Corporation.

(8) Where the total amount of eligible claims for compensation for

the Corporation's fiscal year exceeds $200 000 000, the Corporation may pro

rate the compensation payments in any manner it considers appropriate.

8 The following is added after

section 49.4:

Maximum compensation re individual

49.41(1) Where an applicant for compensation is an individual, the

maximum amount that the applicant is entitled to receive with respect to

the claim is $100 000.

(2) Where an individual is an applicant and is also a shareholder in

a private corporation that receives a compensation payment, the Corporation

may take into account the payment to the corporation when determining the

maximum compensation amount that the individual as applicant is entitled to

receive under subsection (1).

Maximum compensation re corporation

49.42(1) Where an applicant for compensation is a private

corporation, the maximum amount that the corporation is entitled to receive

with respect to the claim is an amount that is determined by multiplying

the number of shareholders by $100 000, to a maximum of $500 000.

(2) The Corporation shall determine the amount of compensation that

a private corporation is entitled to receive based on the number of

shareholders and the distribution of shares.

(3) Where an individual as an applicant receives a compensation

payment and the individual is also a shareholder in a private corporation

that applies for a compensation payment, the Corporation may take into

account the payment to the individual when determining the maximum

compensation amount that the corporation as applicant is entitled to

receive under subsection (1).

(4) For the purpose of determining under this

section the amount of

compensation that a private corporation is entitled to receive, the only

shareholders who shall be taken into consideration are shareholders who are

individuals who are Alberta residents and

(

a) carry out the physical work needed to produce and

market the agricultural commodity produced by the corporation's farming

operation, or

(

b) make the day to day management decisions for the

corporation's farming operation,

or both carry out the physical work and make the day to day

management decisions.

Section 49.5(1) and (2) are repealed and the following is substituted:

Application

49.5(1) An application for compensation must be made by the

applicant to the Corporation in accordance with the following:

(

a) the completed application and the application fee

must be provided to the Corporation within 7 months from the date of the

applicant's taxation year-end;

(

b) notwithstanding clause (a), if a completed

application cannot be provided to the Corporation within 7 months from the

date of the applicant's taxation year-end,

(

i) a completed preliminary application and

the application fee must be provided to the Corporation within 7 months

from the date of the applicant's taxation year-end, and

(ii) the completed final application must be

provided to the Corporation within 9 months from the date of the

applicant's taxation year-end.

(1.1) Notwithstanding subsection (1), if

(

a) a person fails to provide an application and the

application fee in accordance with subsection (1), and

(

b) the Board, in its sole discretion, considers that

the reasons for the failure to comply with subsection (1) are justified in

the circumstances,

the Board may,

(

c) where a complete application is available, accept

the completed application and the application fee, or

(

d) where a completed application is not yet available,

set a time limit within which the completed application and the application

fee must be provided to the Corporation.

(1.2) For the purposes of subsections (1) and (1.1), if an

application and the application fee is sent to the Corporation by mail, it

is considered to have been provided to the Corporation on the date

postmarked on the envelope containing the application.

(2) The application fee for an application made under this

section

shall be in an amount determined by the Minister.

Section 49.8(2) is repealed.

Alberta Regulation 207/99

Land Titles Act

NAME SEARCH REGULATION

Filed: September 15, 1999

Made by the Lieutenant Governor in Council (O.C. 369/99) pursuant to

section 203 of the Land Titles Act.

Definitions

1 In this Regulation,

(a) "Act" means the Land Titles Act;

(b) "instrument" means an instrument as defined in the Act;

search of the register under

section 18 of the Act for the purpose of

determining registered ownership interests, if any, in land of a person

registered in the register;

(d) "police officer" means a police officer as defined in the

Police Act and includes a member of the Royal Canadian Mounted Police who

is defined as a member under the Royal Canadian Mounted Police Act

(Canada).

Criteria

2 A person requesting a name search must fulfil at least one of the

following criteria before the Registrar may conduct the name search:

(

a) the person requesting the name search is the person whose name

is to be searched;

(

b) the person requesting the name search has been given a written

consent for the name search by the person whose name is to be searched;

(

c) the person requesting the name search has a registerable or

registered instrument and is searching the name of the person

(

i) who is specified in the instrument, and

(ii) whose interests in land the instrument is intended

to be registered or is registered against or whose interests in land are

entitled to be dealt with;

(

d) the person requesting the name search is a police officer

carrying out duties as a police officer;

(

e) the person requesting the name search is authorized or

otherwise entitled pursuant to an order of a court to have the name search

conducted;

(

f) the person requesting the name search is doing so on behalf of

the Crown or with respect to carrying out duties or functions on behalf of

the Crown;

(

g) the person requesting the name search is doing so as the agent

for or representative of a person who meets the criteria for requesting a

name search under clause (

b) or (c).

Expiry

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

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

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

on June 1, 2004.

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

Alberta Regulation 208/99

Safety Codes Act

ELECTRICAL CODE REGULATION

Filed: September 15, 1999

Made by the Lieutenant Governor in Council (O.C. 372/99) pursuant to

section 61 of the Safety Codes Act.

Interpretation 1

Electrical systems equipment 2

Canadian Electrical Code 3

Code for Electrical Installations at Oil and Gas Facilities 4

Alberta Electrical and Communication Utility Code 5

Repeals 6

Expiry 7

Coming into force 8

Interpretation

1(1) In this Regulation,

(a) "Act" means the Safety Codes Act;

(b) "utility" means an individual, firm, corporation or other

entity authorized to distribute electrical energy or signals for

communication systems in Alberta.

(2) The

definitions in the Act and a Code declared in force by this

Regulation apply to the words used in this Regulation.

Electrical systems equipment

2(1) No person shall manufacture, install, sell or offer for sale any

equipment related to electrical systems for use in Alberta unless it has

been

(

a) certified by a certification organization accredited by the

Standards Council of Canada, or

(

b) inspected, tested and accepted by a certification organization

accredited by the Standards Council of Canada, and the equipment bears

evidence of having been accepted in a manner authorized by the

certification organization.

(2) Subsection (1) does not apply to electrical equipment used by

(

a) an electrical utility in the direct function of generating and

transmitting electric power to the point of connection to a consumer's

service, or

(

b) a communication utility in the direct function of providing

communication services up to the point of connection to a consumer's

communication system.

(3) If a code, standard or body of rules declared in force under the Act

with respect to electrical systems refers to approved equipment, that

equipment must meet the requirements of this section.

Canadian Electrical Code

3(1) The word "Code" in this

section means the Canadian Electrical Code,

Part I, Eighteenth Edition, CSA Standard C22.1-1998.

(2) The Canadian Electrical Code,

Part I, Eighteenth Edition, CSA Standard

C22.1-1998, as amended by this section, is a code declared in force in

respect of electrical systems.

(3) The Code is amended by adding the following paragraph to the Object in

Section 0:

This Code and any standards referenced herein do not make or imply

any assurance or guarantee by the Crown with respect to the life

expectancy, durability or operating performance of equipment and materials

referenced herein.

Code for Electrical Installations at Oil and Gas Facilities

4(1) The word "Code" in this

section means the Code for Electrical

Installations at Oil and Gas Facilities, 1999.

(2) The Code for Electrical Installations at Oil and Gas Facilities, 1999,

as amended by this section, is a code declared in force in respect of

electrical systems.

(3) The Code is amended by adding the following after Rule 19-000:

19-002

Interpretation. This Code and any standards referenced

herein do not make or imply any assurance or guarantee by the Crown with

respect to the life expectancy, durability or operating performance of

equipment and materials referenced herein.

Alberta Electrical and Communica-tion Utility Code

5(1) The word "Code" in this

section means the Alberta Electrical and

Communication Utility Code, 1999.

(2) The Alberta Electrical and Communication Utility Code, 1999, as

amended by this section, is a code declared in force in respect of

electrical systems.

(3) The Code is amended by adding the following paragraph to the Object in

Section 0:

This Code and any standards referenced herein do not make or imply

any assurance or guarantee by the Crown with respect to the life

expectancy, durability or operating performance of equipment and materials

referenced herein.

Repeals

6 The following regulations are repealed:

(

a) Electrical Code Regulation (AR 215/97);

(

b) Oil and Gas Facilities Regulation (AR 318/90);

(

c) Electrical and Communication Utility Systems Regulation (AR

44/76).

Expiry

7 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 October 31, 2004.

Coming into force

8 This Regulation comes into force on November 1, 1999.

Alberta Regulation 209/99

Assured Income for the Severely Handicapped Act

FACILITIES, INSTITUTIONS, HEALTH BENEFITS REGULATION

Filed: September 15, 1999

Made by the Minister of Human Resources and Employment (M.O. 4/99) pursuant

section 13(2) of the Assured Income for the Severely Handicapped Act.

Health benefits 1

Facilities 2

Institutions 3

Expiry 4

Coming into force 5

Schedules

Health benefits

1(1) The Director may provide health benefits described in this

section to

applicants and recipients and their spouses and dependent children.

(2) Health benefits means optical, dental and ambulance services and

prescribed drugs provided

(

a) pursuant to medical services cards issued by the Director, or

(

b) in accordance with agreements between the Minister and the

Alberta Dental Association, the Alberta Denturists Society, the Alberta

Association of Optometrists and the Alberta Opticians Association.

(3) Health benefits means the following diabetic supplies provided

pursuant to medical services cards issued by the Director:

(

a) needles, syringes and insulin pump tubing;

(

b) test strips for glucose and ketones;

(

c) lancets and penlets;

(

d) glucose calibration solution for use with a blood monitoring

device;

(

e) blood monitoring device, if authorized by a physician;

(

f) insulin pump if in the opinion of a physician, the person's

life is in danger without it.

Facilities

2 The facilities and categories of facilities that are designated as

facilities for the purposes of the Act are set out in

Schedule 1.

Institutions

3 The institutions and categories of institutions that are designated as

institutions for the purposes of the Act are set out in

Schedule 2.

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 September 30, 2004.

Coming into force

5 This Regulation comes into force on the coming into force of

section 11

of the Assured Income for the Severely Handicapped Amendment Act, 1999.

SCHEDULE 1

1 The following facilities and categories of facilities are designated as

facilities for the purposes of the Act:

(

a) Bethany Care Centre (Calgary);

(

b) St. Joseph's Home for the Aged (Medicine Hat);

(

c) Good Shepherd Home (Wetaskiwin);

(

d) Haven of Rest (Medicine Hat);

(

e) Hythe Pioneer Home (Hythe);

(

f) Sunset Lodge (Edmonton);

(

g) Ukrainian Senior Citizen's Home of the Holy Eucharist

(Edmonton);

(

h) Alfred Egan Home (Bow Island);

(

i) Fort MacLeod Health Care Centre, Special Development Unit (Fort

MacLeod);

(

j) Bow Park Court (Calgary);

(

k) Carewest Nickel House (1020 Robert Road, NE, Calgary);

(

l) Dickensfield Longterm Care Duplexes (9935, 9939, 9943, 9947 178

Avenue, Edmonton).

SCHEDULE 2

1 The following institutions and categories of institutions are

designated as institutions for the purposes of the Act:

(

a) Claresholm Care Centre - Claresholm;

(

b) Eric Cormack Centre - Edmonton;

(

c) Gunn Welfare Centre - Gunn;

(

d) Michener Centre - Red Deer;

(

e) Raymond Home - Raymond;

(

f) Booth Centre - Single Men's Hostel - Calgary;

(

g) Hope Mission - Herb Jamieson Centre - Edmonton;

(

h) Women's Emergency Centre - Calgary;

(

i) Women's Emergency Centre - Edmonton;

(

j) Youngstown Home - Youngstown;

(

k) penitentiaries, as defined in the Corrections and Conditional

Release Act (Canada);

(

l) correctional institutions, as defined in the Corrections Act;

(

m) the following hospitals operated under the Regional Health

Authorities Act:

(

i) Alberta Hospital - Edmonton;

(ii) Alberta Hospital - Ponoka.

Document details

Collection	Alberta — Gazette
Citation	0930 ii
Type	gazette
Volume / chapter	0930 ii
Language	en
Format	html
Source	PROVINCIAL
Identifier	ea5ce9111c37522342203913635735946ce3f467

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