Alberta Regulation 205/2020

Real Estate Act

REAL ESTATE (MINISTERIAL)

AMENDMENT REGULATION

Filed: November 4, 2020

For information only: Made by the Minister of Service Alberta (M.O. SA:020/2020)

on November 2, 2020 pursuant to

section 84(2) of the Real Estate Act.

1 The Real Estate (Ministerial) Regulation (AR 113/96) is

amended by this Regulation.

Section 1 is amended

(

a) by repealing subsection (1.1);

(

b) by repealing subsection (2) and substituting the

following:

(2) References in this Regulation to classes of licensees are to

be taken to refer to the classes of licensees as established by

rules made by the relevant Industry Council under

section

12(1)(

h) of the Act, being

(

a) all classes of licensees established by the Industry

Council referred to in

section 7.1(1)(

a) of the Act,

(

b) all classes of licensees established by the Industry

Council referred to in

section 7.1(1)(

b) of the Act,

(

c) all classes of licensees established by the Industry

Council referred to in

section 7.1(1)(

c) of the Act, and

(

d) all classes of licensees established by the Industry

Council referred to in

section 7.1(1)(

d) of the Act.

Section 2(1) is amended

(

a) in clause (

b) by adding "Board of the" after "by the";

(

b) in clauses (c), (

d) and (

e) by striking out "in the

industry" and substituting "a licensee".

Section 8 is amended

(

a) in subsection (1)

(

i) by striking out "industry members" wherever it

occurs and substituting "licensees";

(ii) by striking out "the brokerage class referred to in

section 1(2)(a)(

i) and (b)(i)" and substituting "a

brokerage class of licensees";

(

b) in subsection (2) by striking out "An industry member"

and substituting "A licensee";

(

c) in subsection (3)(

b) by striking out "industry member"

wherever it occurs and substituting "licensee";

(

d) in subsection (4) by striking out "An industry member"

and substituting "A licensee".

Section 8.1(1) and (2) are amended by striking out

"industry members" wherever it occurs and substituting

"licensees".

Section 9 is amended by striking out "industry member"

and substituting "licensee".

Section 10 is amended by striking out "industry members"

wherever it occurs and substituting "licensees".

Section 12 is amended

(

a) in subsection (1)

(

i) by striking out "Council" and substituting

"Board";

(ii) by striking out "industry members" and

substituting "licensees";

(

b) by repealing subsections (2) and (3) and

substituting the following:

(2) The maximum amount of compensation payable from the

Fund under

section 60 or 60.3 of the Act to an applicant with

respect to a compensation event is,

(

a) with respect to licensees referred to in

section 1(2)(

a) to

(c), $35 000, and

(

b) with respect to licensees referred to in

section 1(2)(d),

$25 000.

(3) The maximum amount of compensation payable from the

Fund under

section 60 or 60.3 of the Act to all applicants for a

compensation event is,

(

a) with respect to licensees identified in

section 1(2)(

a) to

(c), $350 000, and

(

b) with respect to licensees identified in

section 1(2)(d),

$100 000.

(

c) in subsection (5)

(

i) by striking out "Council" and substituting

"Board";

(ii) in clause (

a) by adding "or property management

agreement," after "development,".

Section 14(2)(

c) is amended by striking out "Council" and

substituting "Board".

Section 15(2) is repealed and the following is

substituted:

(2) The Board may, with the prior written approval of the Minister,

use money in the Fund that is in excess of the prescribed amount

referred to in subsection (1) for any purpose incidental to and

conducive to the reduction of claims against the Fund under

section

60 of the Act or the reduction of claims due to professional errors

and omissions of licensees referred to in

section 9 of this Regulation.

Part 3 is repealed.

Section 21 is amended

(

a) by striking out "executive director" and substituting

"registrar";

(

b) in clauses (

a) and (

e) by striking out "industry

member" and substituting "licensee".

Section 25 is amended

(

a) by renumbering

section 25 as

section 25(1);

(

b) in subsection (1) by striking out "11(l)" and

substituting "12(1)(z)";

(

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

(2) a notice of administrative penalty may not be given more

than 3 years after the event that would have resulted in the

penalty.

Section 25.1 is repealed and the following is

substituted:

Prescribed time

25.1 For the purposes of

section 7.1(9) of the Act, the time within

which the licensees of an industry must elect a member or members

under

section 7.1(2)(

b) or (8) of the Act is

(a) 10 days after the member's term expires according to

section

7.1(3) of the Act, or

(b) 90 days after the member's position otherwise becomes

vacant.

15 The following is added after

section 25.1:

Education and other services

25.2(1) Despite

section 5(

c) of the Act,

(

a) the Board shall not provide education services to licensees

after December 1, 2022, and

(

b) subject to subsection (2), the Board shall not provide other

services to licensees without the written approval of the

Minister.

(2) The Board may, if a bylaw has been made under

section

11(1)(m.5) of the Act, establish and administer an insurance and

indemnity plan for licensees in accordance with the bylaw.

Approval of bylaws and rules

25.3(1) Despite

section 11(2) of the Act, the Minister's approval of

a bylaw or the amendment of a bylaw is only required during the

first 2 years after the coming into force of the Real Estate

Amendment Act, 2020.

(2) Despite

section 12(3) of the Act, the Minister's approval of a

rule or the amendment of a rule is only required during the first 2

years after the coming into force of the Real Estate Amendment Act,

16 The following is added after

section 25.3:

Part 5

Transitional Matters

Industry Council elections

25.4 For greater certainty, in accordance with

section 7(

b) of the

Interpretation Act, an election referred to in

section 7.1(2)(

b) of the

Act as enacted by

section 10 of the Real Estate Amendment Act, 2020

may be held prior to the coming into force of

section 10 of the Real

Estate Amendment Act, 2020, but the election has no effect until

section 7.1(2)(

b) comes into force.

Hearing and Appeal Panels

25.5(1) Any Hearing Panel or Appeal Panel proceeding that has

commenced prior to the coming into force of

section 33 of the Real

Estate Amendment Act, 2020 continues after the coming into force of

that

section as if

Part 3 of the Act had not been amended by the Real

Estate Amendment Act, 2020.

(2) For the purposes of subsection (1)

(

a) a Hearing Panel proceeding has commenced when the notice

of hearing has been served on an industry member and any

other person who in the opinion of the Hearing Panel is

directly affected by the subject matter of the hearing, and

(

b) an Appeal Panel proceeding has commenced when the

Appeal Panel has served a notice of hearing of the appeal

under

section 49(1) of the Act.

(3) For greater certainty, if a Hearing Panel proceeding is ongoing

when

section 33 of the Real Estate Amendment Act, 2020 comes into

force, and a finding or order of the Hearing Panel is appealed to an

Appeal Panel after

section 33 of the Real Estate Amendment Act,

2020 has come into force, the Appeal Panel shall be constituted

according to

section 36 of the Act as amended by

section 33 of the

Real Estate Amendment Act, 2020.

(4) For greater certainty, an action taken or decision issued by a

Hearing Panel or an Appeal Panel during

(

a) the term of the official administrator who was appointed by

the Minister to exercise the powers, duties and functions of

the Council dismissed under

section 76.1(2) of the Act, or

(

b) the term of any official administrator appointed by the

Minister to exercise the powers, duties and functions of the

Board referred to in

section 8 of the Real Estate Amendment

Act, 2020 prior to the Board being composed for the first

time

is a valid action or decision of the Hearing Panel or Appeal

Panel, as the case may be.

Official administrator

25.6 For greater certainty, any action taken by

(

a) the official administrator who was appointed by the Minister

to exercise the powers, duties and functions of the Council

that was dismissed under

section 76.1(2) of the Act, or

(

b) any official administrator that is appointed by the Minister to

exercise the powers, duties and functions of the Board

referred to in

section 8 of the Real Estate Amendment Act,

2020 prior to the Board being composed for the first time

has the same effect as if it had been done by the Council or the

Board, as the case may be.

Bylaws and rules

25.7(1) For greater certainty, any bylaw made by the Council prior to

the coming into force of the Real Estate Amendment Act, 2020 remains

in force after the coming into force of that Act insofar as they are not

inconsistent with the Act as amended by the Real Estate Amendment

Act, 2020.

(2) For greater certainty, any rule made by the Council prior to the

coming into force of the Real Estate Amendment Act, 2020 remains in

force after the coming into force of that Act as a rule of each Industry

Council insofar as it is not inconsistent with the Act as amended by the

Real Estate Amendment Act, 2020.

(3) For greater certainty, subject to

section 12(3) of the Act as

amended by the Real Estate Amendment Act, 2020, after the coming

into force of the Real Estate Amendment Act, 2020, an Industry

Council or an official administrator acting in the place of an Industry

Council may amend or repeal a rule made by the Council prior to the

coming into force of the Real Estate Amendment Act, 2020, and the

amendment or repeal applies only to the rule as it relates to that

Industry Council.

Authorizations and licences

25.8 On the coming into force of the Real Estate Amendment Act,

2020, every authorization issued by the Council and in existence

immediately before the coming into force of the Real Estate

Amendment Act, 2020, other than an authorization issued to a real

estate appraiser, is continued as a licence and has the same effect as if

it had been issued by an Industry Council in accordance with

section

7.2(2) of the Act.

Transition to the Registrar

25.9(1) For greater certainty, on the coming into force of the Real

Estate Amendment Act, 2020, an investigation commenced by the

executive director prior to the coming into force of the Real Estate

Amendment Act, 2020 is continued and may be conducted by the

registrar as if the registrar had commenced the investigation.

(2) For greater certainty, on the coming into force of the Real Estate

Amendment Act, 2020, an investigation commenced by a person

appointed by the executive director to commence an investigation prior

to the coming into force of the Real Estate Amendment Act, 2020 is

continued and may be conducted as if the registrar had appointed the

person who commenced the investigation.

Transitional

interpretations

25.91(1) In this section,

(a) "former Act" means the Act as it read immediately before the

coming into force of the Real Estate Amendment Act, 2020,

and

(b) "amended Act" means the Act as it reads immediately after

the coming into force of the Real Estate Amendment Act,

(2) On the coming into force of the Real Estate Amendment Act, 2020,

a right, privilege, obligation, liability, function, duty or undertaking

under the former Act that is applicable to a person, other than a real

estate appraiser, who is an industry member under that Act applies to

that person as a licensee under the amended Act.

(3) A reference in the amended Act to the registrar includes a

reference to the executive director in the former Act in relation to any

right, privilege, obligation, liability, function, duty or undertaking of

the registrar that is the same or substantially the same as a right,

privilege, obligation, liability, function, duty or undertaking of the

executive director under the former Act.

(4) A reference in the amended Act to an Industry Council includes a

reference to the Council in the former Act in relation to any right,

privilege, obligation, liability, function, duty or undertaking of the

Industry Council that is the same or substantially the same as a right,

privilege, obligation, liability, function, duty or undertaking of the

Council under the former Act.

(5) A reference in the amended Act to an Industry Council includes a

reference to the executive director in the former Act in relation to any

right, privilege, obligation, liability, function, duty or undertaking of

the Industry Council that is the same or substantially the same as a

right, privilege, obligation, liability, function, duty or undertaking of

the executive director under the former Act.

(6) A reference in the amended Act to the Board includes a reference

to the Council in the former Act in relation to a right, privilege,

obligation, liability, function, duty or undertaking of the Board that is

the same or substantially the same as a right, privilege, obligation,

liability, function, duty or undertaking of the Council under the former

Act.

(7) A reference in the amended Act to the Board includes a reference

to the executive director in the former Act in relation to any right,

privilege, obligation, liability, function, duty or undertaking of the

Board that is the same or substantially the same as a right, privilege,

obligation, liability, function, duty or undertaking of the executive

director under the former Act.

17 This Regulation, except

section 16, has effect on the

coming into force of the Real Estate Amendment Act, 2020.

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

Alberta Regulation 206/2020

Health Information Act

HEALTH INFORMATION AMENDMENT REGULATION

Filed: November 4, 2020, 2020

For information only: Made by the Lieutenant Governor in Council (O.C. 337/2020)

on November 4, 2020 pursuant to

section 108 of the Health Information Act.

1 The Health Information Regulation (AR 70/2001) is

amended by this Regulation.

Section 8 is amended by adding the following after

subsection (5.2):

(5.3) Subsection (4) does not apply to health information that is

disclosed by the Director, as defined in

Part 1 of the Crown's Right

of Recovery Act, or a person authorized by the Director to a person

in a jurisdiction outside Alberta for the purpose of enforcing the

Crown's right of recovery under

section 2 of that Act.

Alberta Regulation 207/2020

Traffic Safety Act

OPERATOR LICENSING AND VEHICLE CONTROL

AMENDMENT REGULATION

Filed: November 10, 2020

For information only: Made by the Minister of Service Alberta (M.O. SA:013/2020)

on November 10, 2020 pursuant to

section 64(a)(

i) of the Traffic Safety Act.

1 The Operator Licensing and Vehicle Control Regulation

(AR 320/2002) is amended by this Regulation.

Section 66.1 is amended

(

a) in subsection (2) by striking out "or" at the end of

clause (a), by adding "or" at the end of clause (

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

(

c) is currently serving or has been honourably discharged

after serving as a member of the Royal Canadian

Mounted Police

(

b) in subsection (3) by adding "or in a police force referred

to in subsection (2)(c)" after "subsection (2)(b)".

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

Alberta Regulation 208/2020

Electric Utilities Act

Gas Utilities Act

CODE OF CONDUCT AMENDMENT REGULATION

Filed: November 12, 2020

For information only: Made by the Minister of Energy (M.O. 379/2020) on

November 5, 2020 pursuant to sections 108, 115 and 143 of the Electric Utilities Act

and sections 28.1 and 28.2 of the Gas Utilities Act.

1 The Code of Conduct Regulation (AR 58/2015) is

amended by this Regulation.

Section 8 is repealed.

3 Division 2 of

Part 3 is repealed.

Section 30(4) is amended by repealing clause (

f) and

substituting the following:

(

f) a description of the contents to be included in the annual

compliance report required to be sent to the Commission

under

section 33;

Section 33 is repealed and the following is substituted:

Annual compliance reports

33(1) Within 90 days after the end of each calendar year, each

distributor, regulated rate supplier and affiliated provider of a

distributor or regulated rate supplier shall send to the Commission an

annual compliance report that has been approved by the board of

directors of the distributor, regulated rate supplier or affiliated

provider that includes a description of

(

a) any non-compliance with this Regulation or the compliance

plan,

(

b) the action taken to remedy any non-compliance, and

(

c) any complaints of non-compliance with this Regulation or

the compliance plan, and how the complaints have been dealt

with.

(2) The Commission shall send the Market Surveillance

Administrator copies of the annual compliance reports received

under subsection (1).

Section 37(1) is repealed and the following is

substituted:

Alternative compliance arrangements

37(1) The Commission may, in accordance with its rules made

under

section 76 of the Alberta Utilities Commission Act, vary the

requirements of

section 30(4) in the case of a distributor with a small

number of customers or if the Commission is satisfied that doing so

is in the public interest.

Section 40 is amended

(

a) in subsection (1)(

b) by striking out "36 months" and

substituting "10 years";

(

b) by repealing subsection (4).

8 The following is added after

section 41:

Exemption for small REAs

41.1(1) In this section, "small REA" means a rural electrification

association with fewer than 1400 members.

(2) Sections 39 to 41 do not apply to

(

a) the records and accounts of a small REA, and

(

b) the records and accounts of a distributor, regulated rate

supplier or affiliated provider that relate to a small REA or a

member of a small REA.

9 The heading preceding

section 45 is repealed and the

following is substituted:

Part 5

Repeal, Expiry and Coming into Force

10 Sections 45 to 48 are repealed.

Section 50, as extended by the Regulations Expiry Date

Extension Regulation (AR 47/2020), is amended by striking

out "November 30, 2020" and substituting "November 30, 2030".

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

Alberta Regulation 209/2020

Electric Utilities Act

DISTRIBUTION TARIFF

AMENDMENT REGULATION

Filed: November 12, 2020

For information only: Made by the Minister of Energy (M.O. 437/2020) on

November 5, 2020 pursuant to

section 108 of the Electric Utilities Act.

1 The Distribution Tariff Regulation (AR 162/2003) is

amended by this Regulation.

Section 8(2)(

a) is amended by striking out "75 days" and

substituting "45 days".

Section 14 is amended by striking out "April 30, 2021" and

substituting "April 30, 2031".

4 The Regulation has effect on March 1, 2021.

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

Alberta Regulation 210/2020

New Home Buyer Protection Act

NEW HOME BUYER PROTECTION (GENERAL)

AMENDMENT REGULATION

Filed: November 18, 2020

For information only: Made by the Lieutenant Governor in Council (O.C. 339/2020)

on November 18, 2020 pursuant to

section 28 of the New Home Buyer

Protection Act.

1 The New Home Buyer Protection (General) Regulation

(AR 211/2013) is amended by this Regulation.

Section 1 is amended

(

a) in subsection (6) by striking out "sections 4(2)(

d) and

(4) and" and substituting "section";

(

b) in subsection (8.2) by striking out "sections 2 and

4(2)(

d) and (4)" and substituting "section 2";

(

c) by repealing subsection (8.4) and substituting the

following:

(8.4) Subsection (8.3) applies once home warranty coverage

has commenced for any unit in the building.

3 Sections 4, 5(1), 6, 11(2)(i)(ii) and (iii) and 14(1)(a.1)(

i) to

(iii) are repealed.

4 This Regulation has effect on July 1, 2021.

Alberta Regulation 211/2020

Provincial Administrative Penalties Act

PROVINCIAL ADMINISTRATIVE PENALTIES

(PRESCRIBED ENACTMENTS) REGULATION

Filed: November 18, 2020

For information only: Made by the Lieutenant Governor in Council (O.C. 345/2020)

on November 18, 2020 pursuant to

section 35(1) of the Provincial Administrative

Penalties Act.

Definitions

1 In this Regulation, "Act" means the Provincial Administrative

Penalties Act.

Prescribed enactments

2 The Traffic Safety Act and the regulations under the Traffic Safety

Act are prescribed as enactments to which the Act and the procedures

under the Act apply.

Coming into force

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

section 35(1) of the Provincial Administrative Penalties Act.

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

Alberta Regulation 212/2020

Traffic Safety Act

USE OF HIGHWAY AND RULES OF THE ROAD

AMENDMENT REGULATION

Filed: November 18, 2020

For information only: Made by the Lieutenant Governor in Council (O.C. 346/2020)

on November 18, 2020 pursuant to sections 1 and 18(1) of the Traffic Safety Act.

1 The Use of Highway and Rules of the Road Regulation

(AR 304/2002) is amended by this Regulation.

Section 1 is amended by adding the following after

subsection (4):

(4.1) For the purposes of

section 88.02(1) of the Act,

(a) "commercial vehicle" means

(

i) a commercial vehicle or combination of commercial

vehicles that is registered for a gross weight of more

than 11 794 kilograms, or

(ii) a commercial vehicle that has a manufacturer's seating

capacity originally designed for 11 or more passengers,

including the driver;

(b) "operating a commercial vehicle" includes driving a

commercial vehicle.

(4.2) For the purposes of

section 88.1 of the Act,

(a) "bodily substance" means breath, blood, oral fluid or urine;

(b) "operate a motor vehicle" includes drive a motor vehicle.

3 The following is added after

section 112:

Service of notice of administrative penalty

112.1(1) In this section,

(a) "administrative penalty" means administrative penalty as

defined in the Provincial Administrative Penalties Act;

(b) "Director" means Director as defined in the Provincial

Administrative Penalties Act;

(c) "notice of administrative penalty" means notice of

administrative penalty as defined in the Provincial

Administrative Penalties Act;

(d) "officer" means officer as defined in the Provincial

Administrative Penalties Act;

(e) "recipient" means recipient as defined in the Provincial

Administrative Penalties Act.

(2) In addition to the methods for service specified in

section 6 of

the Act, a notice of administrative penalty and any other document

issued with respect to an administrative penalty may be served on a

recipient by

(

a) being transmitted by electronic means to an email or other

electronic address provided by the recipient to the officer

who issued the notice of administrative penalty, or

(

b) being sent by ordinary mail to the latest address of the

recipient as shown in the records of an official in another

jurisdiction who performs a function in that jurisdiction that

is similar to the function of the Registrar.

(3) A person who serves a notice of administrative penalty or any

other document issued with respect to an administrative penalty shall

complete and file with the Director a certificate of service, in a form

satisfactory to the Director, attesting to the mailing or transmission,

the date of mailing or transmission and the address to which the

notice or document was mailed or transmitted.

(4) The Director, on application by an officer, and on being satisfied

that service cannot be made effectively on a recipient by a method

provided for in this section, may order another method of service and

the order may provide for the circumstances in which that service is

deemed to be effective.

4 This Regulation has effect on the coming into force of

section

44(22) and (29) of the Provincial Administrative Penalties Act.

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

Alberta Regulation 213/2020

Traffic Safety Act

ACCESS TO MOTOR VEHICLE INFORMATION

AMENDMENT REGULATION

Filed: November 18, 2020

For information only: Made by the Lieutenant Governor in Council (O.C. 347/2020)

on November 18, 2020 pursuant to

section 8 of the Traffic Safety Act.

1 The Access to Motor Vehicle Information Regulation

(AR 140/2003) is amended by this Regulation.

Section 5(1)(b)(i.1) is repealed.

3 This Regulation has effect on the coming into force of

section 44(17) of the Provincial Administrative Penalties

Act.

Alberta Regulation 214/2020

Traffic Safety Act

DEMERIT POINT PROGRAM AND SERVICE

OF DOCUMENTS AMENDMENT REGULATION

Filed: November 18, 2020

For information only: Made by the Lieutenant Governor in Council (O.C. 348/2020)

on November 18, 2020 pursuant to

section 18(1) of the Traffic Safety Act.

1 The Demerit Point Program and Service of Documents

Regulation (AR 331/2002) is amended by this Regulation.

Section 4(1)(

b) is repealed.

3 This Regulation has effect on the coming into force of

section 44(22) of the Provincial Administrative Penalties

Act.

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

Alberta Regulation 215/2020

Traffic Safety Act

TRANSPORTATION NETWORK COMPANIES

AMENDMENT REGULATION

Filed: November 18, 2020

For information only: Made by the Lieutenant Governor in Council (O.C. 349/2020)

on November 18, 2020 pursuant to

section 129.4 of the Traffic Safety Act.

1 The Transportation Network Companies Regulation

(AR 100/2016) is amended by this Regulation.

Section 2(5)(

b) and (

c) are amended by striking out

"appeal to the Board" and substituting "apply to the Registrar for a

reconsideration".

Section 3 is repealed and the following is substituted:

Reconsideration

3 An applicant may apply to the Registrar for a reconsideration of a

refusal of an application for an approval or the imposition of terms

and conditions on an approval.

Section 6(1)(

h) is repealed and the following is

substituted:

(

h) a statement describing the right of the person on whom the

administrative penalty is imposed to apply to the Registrar

for a reconsideration of the administrative penalty, the

addresses to which the application is to be sent, how the

application is to be made and the date by which the

application is to be made.

5 This Regulation has effect on the coming into force of

section 44(22) of the Provincial Administrative Penalties

Act.

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

Alberta Regulation 216/2020

Traffic Safety Act

ALBERTA TRANSPORTATION SAFETY BOARD

DISSOLUTION TRANSITIONAL REGULATION

Filed: November 18, 2020

For information only: Made by the Lieutenant Governor in Council (O.C. 350/2020)

on November 18, 2020 pursuant to

section 189.5 of the Traffic Safety Act.

Definition

1 In this Regulation, "Board" means the Alberta Transportation

Safety Board dissolved by

section 189.4 of the Act.

Assets and liabilities transferred

2 The assets and liabilities of the Board are transferred to the Crown

in right of Alberta.

Coming into force

3 This Regulation has effect on the coming into force of

section

189.4 of the Act.

Alberta Regulation 217/2020

Provincial Administrative Penalties Act

PROVINCIAL ADMINISTRATIVE PENALTIES REGULATION

Filed: November 18, 2020

For information only: Made by the Minister of Justice and Solicitor General for the

Province of Alberta (M.O. 58/2020) on November 17, 2020 pursuant to

section 35(2)

of the Provincial Administrative Penalties Act.

Table of Contents

Definitions

2 Application

Part 1

Administrative Penalties

3 Notice of administrative penalty

4 Amount of fine for contravention of certain Traffic Safety Act

provisions

Part 2

Reviews

5 Request for review

6 Oral or written review

7 Recording of oral review

8 Adjournments

9 Cancellation of oral review

10 Exceptional circumstances for extension of time

11 Notice of decision on extending time

12 Evidence in reviews

13 Evidentiary presumption

Part 3

General

14 Signatures and manner of signification

15 Documents may be dealt with electronically

16 Electronic transmittal

17 Confirmations

18 Preferred method of communication

19 Fees for provision of documents

20 Fees to cover transaction fees

21 Coming into force

Definitions

1 In this Regulation,

(a) "Act" means the Provincial Administrative Penalties Act;

(b) "adjudication branch", in respect of a contravention for

which a notice of administrative penalty is issued, means the

part of the public service designated under

section 9 of the

Act as the adjudication branch responsible for the enactment

that was contravened;

(c) "confirmation" means a statement of an officer made in

accordance with

section 17(1) or (2);

(d) "Director", in respect of a contravention for which a notice of

administrative penalty is issued, means the person designated

under

section 10 of the Act as the Director of the

adjudication branch for reviews of notices of administrative

penalty issued with respect to contraventions of the

enactment that was contravened;

(e) "Registrar" means the Registrar of Motor Vehicle Services

appointed under the Traffic Safety Act;

(f) "review" means a review under

Part 2 of the Act.

Application

2 This Regulation applies only in respect of administrative penalties

under prescribed enactments.

Part 1

Administrative Penalties

Notice of administrative penalty

3(1) A notice of administrative penalty for a contravention of a

provision of the Traffic Safety Act to which the Act applies must be in

writing and must include the following information:

(

a) the name of the recipient;

(

b) the provision that was contravened;

(

c) the recipient's right to request a review under

section 7 of the

Act and the period within which any review must be

requested;

(

d) the website address where the following information is

available to the recipient:

(

i) the particulars of the contravention, including the date

and location of the contravention;

(ii) the particulars of all administrative penalties being

imposed in respect of the contravention;

(iii) the name of the officer who issued the notice of

administrative penalty;

(iv) the officer's confirmation, made in accordance with

section 17(1), of the notice of administrative penalty;

(

v) if a fine is imposed in respect of the contravention, the

amount of the fine, the amount of any applicable

surcharge, the date by which the fine and any surcharge

must be paid, the places where the fine and surcharge

may be paid and the methods by which they may be

paid;

(

e) any places other than the website address referred to in clause

(

d) where the recipient may access the information referred

to in clause (d)(

i) to (v).

(2) The information available to the recipient at the website address

referred to in subsection (1)(

d) forms part of the notice of

administrative penalty.

(3) The officer who issued the notice of administrative penalty shall

provide a copy of the notice to the Director.

Amount of fine for contravention of certain Traffic Safety Act provisions

4 Where a contravention of

section 88.01, 88.02, 88.03 or 88.1 of the

Traffic Safety Act is the subject of a notice of administrative penalty,

the amount of the fine that may be imposed by the notice is

(

a) in the case of a contravention of

section 88.01, $200,

(

b) in the case of a contravention of

section 88.02,

(

i) if the contravention is the recipient's first contravention

of that section, $300,

(ii) if the contravention is the recipient's 2nd contravention

of that section, $600, or

(iii) if the contravention is the recipient's 3rd or any

subsequent contravention of that section, $1200,

(

c) in the case of a contravention of

section 88.03,

(

i) if the contravention is the recipient's first contravention

of that section, $300,

(ii) if the contravention is the recipient's 2nd contravention

of that section, $600, or

(iii) if the contravention is the recipient's 3rd or any

subsequent contravention of that section, $1200,

(

d) in the case of a contravention of

section 88.1,

(

i) if the contravention is the recipient's first contravention

of that section, $1000, or

(ii) if the contravention is the recipient's 2nd or any

subsequent contravention of that section, $2000,

plus the applicable surcharge.

Part 2

Reviews

Request for review

5 A request under

section 7 of the Act for review of a notice of

administrative penalty must

(

a) state the recipient's name and address and, if the recipient is

represented by a lawyer or other agent, state the lawyer's or

other agent's name and address and attach a document that

verifies the agency relationship to the satisfaction of the

Director,

(

b) identify the notice of administrative penalty being disputed

and the date of the notice as stated on the notice,

(

c) identify the date of the contravention, and

(

d) contain any other information the Director requests.

Oral or written review

6(1) Subject to subsection (2), a review may be conducted in writing.

(2) A review must be conducted orally where the recipient requests an

oral review and pays the fee that is prescribed by or under the

prescribed enactment that was contravened.

(3) An oral review may be conducted

(

a) by telephone, or

(

b) by any electronic means approved by the Director.

(4) The duration of an oral review must not exceed 30 minutes.

Recording of oral review

7 The Director may require that an oral review or any part of an oral

review be recorded.

Adjournments

8 The Director may adjourn a review from time to time as the

Director considers appropriate.

Cancellation of oral review

9 Where a review is being conducted orally and, in the opinion of the

adjudicator, the conduct of any person during the review makes

continuing with the review impracticable or inappropriate, the

adjudicator may, in the adjudicator's discretion, cancel the remainder

of the oral review and make a decision on the review based on any oral

or written submissions provided up to that point.

Exceptional circumstances for extension of time

10(1) Circumstances in which the adjudication branch experiences a

failure of an electrical or information technology system, a natural

disaster, a legal or illegal work stoppage, a pandemic or any other

external event that delays normal business operations are prescribed as

exceptional circumstances in which the Director may extend the period

referred to in

section 15 of the Act.

(2) The following circumstances are prescribed as exceptional

circumstances in which the Director may extend the period referred to

section 20(2)(

a) of the Act:

(

a) circumstances in which the recipient was unaware of the

notice of administrative penalty, if on becoming aware of it

the recipient took prompt action to notify the Director;

(

b) circumstances in which the recipient experienced physical or

mental incapacity rendering the recipient unable to respond

to the notice of administrative penalty within the time

provided by

section 7 of the Act, if on regaining capacity the

recipient took prompt action to notify the Director;

(

c) circumstances in which the recipient experienced unforeseen

and unavoidable events rendering the recipient unable to

respond to the notice of administrative penalty within the

time provided by

section 7 of the Act, if the recipient took

prompt action to notify the Director.

(3) The following circumstances are prescribed as exceptional

circumstances in which the Director may extend the period referred to

section 20(2)(

b) of the Act:

(

a) circumstances in which the recipient experienced physical or

mental incapacity rendering the recipient unable to

participate in a review as referred to in

section 19 of the Act,

if on regaining capacity the recipient took prompt action to

notify the Director;

(

b) circumstances in which the recipient experienced unforeseen

and unavoidable events rendering the recipient unable to

participate in a review as referred to in

section 19 of the Act,

if the recipient took prompt action to notify the Director.

(4) The following circumstances are prescribed as exceptional

circumstances in which the Director may extend the period referred to

section 22(1) of the Act:

(

a) circumstances in which the Director extended the period

referred to in

section 15 of the Act in accordance with

subsection (1);

(

b) circumstances in which the Director extended the period

referred to in

section 20(2)(

a) or (

b) of the Act in accordance

with subsection (2) or (3).

(5) Where the Director extends the period referred to in

section 15,

20(2)(

a) or (

b) or 22(1) of the Act, the Director may grant the recipient

an additional period of time to pay any fine imposed by the notice of

administrative penalty and any applicable surcharge.

Notice of decision on extending time

11(1) On deciding whether to accept a recipient's request for late

review under

section 20(2) of the Act, the Director shall promptly

provide the recipient with a copy of the Director's decision.

(2) Where the Director extends a period referred to in

section 15 or

22(1) of the Act, the Director shall promptly provide the recipient with

a copy of the Director's decision.

Evidence in reviews

12(1) In this section, "bodily substance analysis" means an analysis of

breath, blood, urine or oral fluid.

(2) The following are prescribed as evidence and information that an

adjudicator may consider, in addition to the records, representations,

arguments and evidence listed in

section 18(2)(

a) to (

e) of the Act,

before making a decision:

(

a) any relevant records submitted by an officer or an officer's

agent in relation to the contravention;

(

b) any relevant records of the Registrar in relation to the

contravention;

(

c) in the case of a review respecting a contravention of

section

88, 88.01, 88.02, 88.03 or 88.1 of the Act, the results of any

bodily substance analysis submitted in relation to the

contravention.

Evidentiary presumption

13 A document signed by a person who is authorized to perform a

function of

(

a) a law enforcement agency or other enforcement office

represented by the officer who issued the notice of

administrative penalty under review, or

(

b) the Director

shall, without proof of the signature or official character of the person,

be admitted in evidence on a review as proof, in the absence of

evidence to the contrary, of facts stated in the document that relate to a

function the person is authorized to perform.

Part 3

General

Signatures and manner of signification

14(1) Where the Act or this Regulation requires a notice of

administrative penalty, confirmation, report, notes or other document

to be signed by an officer or other person, the requirement is satisfied

if the notice or other document is signed, marked, subscribed,

endorsed, acknowledged or otherwise signified by the officer or other

person in any manner approved by the Director.

(2) The Director may approve any manner of signification of a

document, including any manner of signification by electronic means,

that the Director considers appropriate and may approve

(

a) different manners of signification for officers than for other

persons, or

(

b) different manners of signification for different types of

documents.

Documents may be dealt with electronically

15 Where the Act or this Regulation requires or provides for the

creation, registration, issuance, transmittal, storage or recording of a

notice of administrative penalty or any other document, the document

may be created, registered, issued, transmitted, stored, recorded or

submitted by any electronic means approved by the Director.

Electronic transmittal

16 An officer who issued a notice of administrative penalty or any

person employed by the law enforcement agency or other enforcement

office that the officer represents may transmit by electronic means, for

any purpose, including a review, the notice of administrative penalty or

any confirmation, report, notes or other document relating to the notice

or to the contravention in respect of which it was issued, if

(

a) the document is signed by the officer and states the officer's

name, badge or regiment number and the name of the law

enforcement agency or other enforcement office, and

(

b) the electronic means used to transmit the document are

protected by a password issued in confidence to the officer or

other person transmitting the document or by another method

that is reasonably secured against unauthorized use.

Confirmations

17(1) For the purposes of

section 14 of the Act and

section

3(1)(d)(iv), an officer who issues a notice of administrative penalty

may confirm the notice by signing a statement that the officer has

reasonable grounds to believe that the contravention occurred.

(2) For the purposes of

section 14 of the Act, where any report, notes

or other document, other than a notice of administrative penalty, is

created, registered, issued, stored, recorded or transmitted by electronic

means for any purpose under the Act or this Regulation, an officer may

confirm the report, notes or other document by signing a statement that

the content of the report, notes or other document is true, or in the case

of a photograph that the photograph has not been altered in any

material way, based on

(

a) the officer's personal knowledge, or

(

b) the officer's information and belief, if the basis of the

information and belief is reasonably clear from the

document, is set out in the statement or is otherwise disclosed

by the officer.

Preferred method of communication

18(1) Where a recipient who files a request for late review under

section 20(1) of the Act indicates to the Director that ordinary mail,

telephone, facsimile or email or another electronic method of

communication is the recipient's preferred method of communication

and, for that purpose, provides the recipient's mailing address,

telephone number, facsimile number or email or other electronic

address to the Director, the Director may use that address or number

for the purpose of notifying the recipient of a decision under

section

20(3) of the Act.

(2) For the purposes of

section 22(1) of the Act, the prescribed manner

in which an adjudicator shall provide a copy of the adjudicator's

decision under

section 21 of the Act to a recipient is

(

a) by sending the copy of the decision to the mailing address,

telephone number, facsimile number or email or other

electronic address provided by the recipient under subsection

(1), or

(

b) if the recipient has not provided an address or number under

subsection (1) or the adjudicator has any concern about using

that address or number, by sending a copy of the decision by

ordinary mail to the last address for the recipient as shown in

the records of the Registrar.

Fees for provision of documents

19 The Director has discretion to charge reasonable fees for the

production of documents requested by a recipient.

Fees to cover transaction fees

20 Where a recipient uses a credit card, or any other form of payment

that requires the receiver of the payment to pay a fee on the

transaction, to pay

(

a) a fine imposed by a notice of administrative penalty for a

contravention referred to in

section 4,

(

b) a fee under

section 19 for the production of documents,

(

c) a fee for requesting a review under

section 7 of the Act, or

(

d) a fee for requesting a late review under

section 20 of the Act,

the Director may require the recipient to pay a fee in an amount to be

determined by the Director.

Coming into force

21 This Regulation has effect on the coming into force of

section

44(22) of the Act.

Alberta Regulation 218/2020

Traffic Safety Act

OPERATOR LICENSING AND VEHICLE CONTROL

AMENDMENT REGULATION

Filed: November 18, 2020

For information only: Made by the Minister of Transportation (M.O. 41/20) on

November 17, 2020 pursuant to sections 64, 100 and 116 of the Traffic Safety Act.

1 The Operator Licensing and Vehicle Control Regulation

(AR 320/2002) is amended by this Regulation.

Section 2(2) is amended by striking out "Section 94 of the

Act does not" and substituting "Sections 94 and 94.1 of the Act do

not".

Section 30 is repealed.

Section 43 is repealed and the following is substituted:

Duties of peace officer

43(1) A peace officer who issues a notice of administrative penalty

under

section 88, 88.01, 88.02, 88.03 or 88.1 of the Act shall notify

the Registrar of the issuance by

(

a) sending a copy of the notice to the Registrar,

(

b) transmitting the information in the notice to the Registrar by

electronic means, or

(

c) a method of notification satisfactory to the Registrar.

(2) A peace officer shall destroy an operator's licence

(

a) surrendered under

section 88.01 of the Act,

(

b) surrendered under

section 88.02 of the Act where

section

88.02(2)(

b) or (

c) applies,

(

c) surrendered under

section 88.03 of the Act, where

section

88.03(2)(

b) or (

c) applies, or

(

d) surrendered under

section 88.1 of the Act.

Section 95 is amended

(

a) in clause (

b) by striking out "88, 88.1, 89 or 90" and

substituting "88, 88.01, 88.02, 88.03 or 88.1";

(

b) in clause (

c) by striking out "89" and substituting

"88".

Section 121 is amended by striking out "Board" and

substituting "Registrar".

7 Sections 122 and 124 are repealed.

Section 125 is amended by striking out "or 124".

Schedule 1 is repealed.

10 The following sections are amended by striking out "90"

and substituting "88.01":

section 28(3);

section 32(3);

section 35(1).

11 This Regulation has effect on the coming into force of

section

44(22) of the Provincial Administrative Penalties Act.

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

Alberta Regulation 219/2020

Highways Development and Protection Act

HIGHWAYS DEVELOPMENT AND PROTECTION

AMENDMENT REGULATION

Filed: November 18, 2020

For information only: Made by the Minister of Transportation (M.O. 42/20) on

November 17, 2020 pursuant to

section 61 of the Highways Development and

Protection Act.

1 The Highways Development and Protection Regulation

(AR 326/2009) is amended by this Regulation.

Section 36(2)(

g) is repealed and the following is

substituted:

(

g) a statement of the right to apply to the Minister for the

reconsideration of the notice of administrative penalty under

section 58 of the Act, and particulars as to how the

application is to be made and the time within which it must

be made.

3 This Regulation has effect on the coming into force of sections 40

and 44(22) of the Provincial Administrative Penalties Act.

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

Alberta Regulation 220/2020

Traffic Safety Act

COMMERCIAL VEHICLE CERTIFICATE

AND INSURANCE AMENDMENT REGULATION

Filed: November 18, 2020

For information only: Made by the Minister of Transportation (M.O. 43/20) on

November 17, 2020 pursuant to

section 156 of the Traffic Safety Act.

1 The Commercial Vehicle Certificate and Insurance

Regulation (AR 314/2002) is amended by this Regulation.

Section 1(

b) is repealed.

Section 6(2)(

b) and (

c) are amended by striking out

"appeal to the Board under

section 43" and substituting "request a

reconsideration by the Registrar under

section 34".

Section 13 is repealed and the following is substituted:

Issuance, amendment and renewal of decisions

13 Where the Registrar receives an application for an operating

authority certificate, or an amendment to or renewal of it, with

respect to a commercial vehicle that is used or intended to be used to

transport passengers, the Registrar may, after considering the

application,

(

a) issue an operating authority certificate for not more than 3

years,

(

b) amend the certificate, or renew a certificate on one or more

occasions, but each renewal may not be for more than 3

years, or

(

c) refuse the application.

5 The following provisions are amended by striking out

"appeal to the Board under

section 43" and substituting "request a

reconsideration by the Registrar under

section 34":

section 15(2);

section 22(2)(

b) and (c);

section 35(3);

section 36(1)(e).

Section 36.4 is amended

(

a) by repealing subsection (2) and substituting the

following:

(2) The person notified may, in writing, request the Registrar to

reconsider the decision implementing the record, in which case

the Registrar shall do so and shall make any changes in the

decision that the Registrar considers necessary and notify the

applicant in writing of the new decision, with reasons.

(

b) by repealing subsection (3).

Section 37(1)(

h) is repealed and the following is

substituted:

(

h) a statement describing the right of the person on whom the

administrative penalty is imposed to request a

reconsideration by the Registrar under

section 34 of the Act,

how the request for reconsideration is to be made, the date by

which it is to be made and the address to which it is to be

sent.

Section 51(

b) is amended by striking out "appeal to the

Board under

section 43" and substituting "request a reconsideration

by the Registrar under

section 34".

9 The following is added after

section 51:

Interim relief

51.1(1) Where the Registrar suspends or cancels a certificate under

section 132(2), (3) or (4) of the Act and a reconsideration of that

decision is requested under

section 132(9) of the Act by the carrier

or exempted operator, the Registrar may, if the Registrar considers it

appropriate to do so, on the request of the carrier or exempted

operator, grant interim relief to have effect until the Registrar renders

a decision on the reconsideration.

(2) Interim relief under subsection (1) may include a stay of the

suspension or cancellation and may be granted subject to any

appropriate in the circumstances.

Schedule 2 is amended by striking out the following:

6 An appeal to the Board on the basis of a

paper only hearing 125

7 An appeal to the Board for which an oral

hearing is requested 250

and substituting the following:

6 A request for reconsideration under

section 32, 34 or 88.1(14) of the Act 150

7 A request for review under

section 88.1(12) of the Act 150

11 This Regulation has effect on the coming into force of

section 44(22) of the Provincial Administrative Penalties

Act.

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

Alberta Regulation 221/2020

Railway (Alberta) Act

RAILWAY AMENDMENT REGULATION

Filed: November 18, 2020

For information only: Made by the Minister of Transportation (M.O. 44/20) on

November 17, 2020 pursuant to

section 30 of the Railway (Alberta) Act.

1 The Railway Regulation (AR 177/2002) is amended by

this Regulation.

2 Sections 5(3) and 6(5) are amended by striking out

"reviewed by the Alberta Transportation Safety Board" and

substituting "reconsidered by the Railway Administrator".

Section 42(1) is amended

(

a) in clause (

b) by striking out "approval, order or direction

by the Alberta Transportation Safety Board" and

substituting "approval";

(

b) by repealing clause (

h) and substituting the

following:

(

h) a statement describing the right of the person on whom

the administrative penalty is imposed to have the

Railway Administrator reconsider the administrative

penalty, the address to which any application for

reconsideration must be sent, how the application is to

be made and the date by which the application for

reconsideration must be made.

4 This Regulation has effect on the coming into force of

section 43(9)

and (11) of the Provincial Administrative Penalties Act.

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

Alberta Regulation 222/2020

Traffic Safety Act

COMMERCIAL VEHICLE SAFETY

AMENDMENT REGULATION

Filed: November 18, 2020

For information only: Made by the Minister of Transportation (M.O. 45/20) on

November 17, 2020 pursuant to

section 156 of the Traffic Safety Act.

1 The Commercial Vehicle Safety Regulation (AR 121/2009)

is amended by this Regulation.

Section 41(1)(

h) is repealed and the following is

substituted:

(

h) a statement describing the right of the person on whom the

administrative penalty is imposed to request a

reconsideration by the Registrar under

section 34 of the Act,

how the request for reconsideration is to be made, the date by

which it is to be made and the address to which it is to be

sent.

3 This Regulation has effect on the coming into force of

section 44(22) of the Provincial Administrative Penalties

Act.

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

Alberta Regulation 223/2020

Traffic Safety Act

DRIVER TRAINING AND DRIVER EXAMINATION

AMENDMENT REGULATION

Filed: November 18, 2020

For information only: Made by the Minister of Transportation (M.O. 46/20) on

November 17, 2020 pursuant to

section 64(

c) and (c.1) of the Traffic Safety Act.

1 The Driver Training and Driver Examination Regulation

(AR 316/2002) is amended by this Regulation.

Section 50(3) is amended by striking out "appeal to the

Board under

section 42 of the Act" and substituting "a

reconsideration under

section 34 of the Act, how the application for

reconsideration is to be made, the date by which it is to be made and

the address to which it is to be sent".

3 This Regulation has effect on the coming into force of

section 44(22) of the Provincial Administrative Penalties

Act.

Alberta Regulation 224/2020

Traffic Safety Act

SAFEROADS ALBERTA REGULATION

Filed: November 18, 2020

For information only: Made by the Minister of Transportation (M.O. 47/20) on

November 17, 2020 pursuant to sections 64, 100 and 188.1 of the Traffic Safety Act.

Table of Contents

Definitions

2 Records to be provided to recipient for review

3 Publication of decisions of adjudicators

4 Grounds to cancel notice of administrative

penalty for immediate roadside sanction

5 Interim relief

6 Cancellation of notice of administrative penalty

7 Refunds of review fees

8 Reimbursement of costs and expenses to recipient

9 Extension of payment date for immediate roadside

sanction monetary penalties

10 Requirements of notice of administrative penalty

11 Additional conditions for licence reinstatement

12 Calculation of time for reviews

13 Fees for review requests

14 Fees for copies of decisions

15 Coming into force

Definitions

1 In this Regulation,

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

(b) "adjudicator" means adjudicator as defined in the Provincial

Administrative Penalties Act;

(c) "administrative penalty" means administrative penalty as

defined in the Provincial Administrative Penalties Act;

(d) "analyst" means analyst as defined in

section 320.11 of the

Criminal Code (Canada);

(e) "Director" means Director as defined in the Provincial

Administrative Penalties Act;

(f) "notice of administrative penalty" means notice of

administrative penalty as defined in the Provincial

Administrative Penalties Act;

(g) "officer" means officer as defined in the Provincial

Administrative Penalties Act;

(h) "operate a motor vehicle" means operate a motor vehicle as

defined in the Use of Highway and Rules of the Road

Regulation (AR 304/2002);

(i) "operating a commercial vehicle" means operating a

commercial vehicle as defined in the Use of Highway and

Rules of the Road Regulation (AR 304/2002);

(j) "qualified technician" means qualified technician as defined

section 320.11 of the Criminal Code (Canada);

(k) "recipient" means recipient as defined in the Provincial

Administrative Penalties Act;

(l) "review" means review as defined in the Provincial

Administrative Penalties Act;

(m) "SafeRoads Alberta" means the adjudication branch

designated under

section 9 of the Provincial Administrative

Penalties Act to conduct reviews under that Act related to

contraventions of the Traffic Safety Act.

Records to be provided to recipient for review

2 The Director shall provide the following to a recipient on receipt of

an application for review:

(

a) a copy of the notice of administrative penalty;

(

b) the report of the officer who issued the notice of

administrative penalty;

(

c) if an approved screening device was used as the basis for

issuing the notice of administrative penalty,

(

i) the date of the last annual maintenance performed on

the device, and

(ii) the date of the last calibration of the device and the

expiry date of that calibration for the device;

(

d) if an approved instrument was used as the basis for issuing

the notice of administrative penalty,

(

i) a copy of the subject test record relating to the test of

the recipient,

(ii) the date of the last annual maintenance performed on

the approved instrument,

(iii) the certificate of the analyst certifying the alcohol

standard used by the approved instrument,

(iv) the alcohol standard change form relating to the last

change of the alcohol standard used by the approved

instrument and its related print-outs,

(

v) if a certificate of qualified technician was produced, the

certificate of qualified technician relating to the testing

of the recipient, and

(vi) if an operational checksheet was produced, the

operational checksheet related to the testing of the

recipient;

(

e) if approved drug screening equipment was used as the basis

for issuing the notice of administrative penalty,

(

i) the date of the last annual maintenance of the approved

drug screening equipment,

(ii) the results of the last calibration or quality assurance

check of the equipment, and the expiry date of that

calibration or quality assurance check,

(iii) any print-out relating to the analysis of the sample

provided by the recipient, and

(iv) the date of the expiry of any test kit, cassette or

cartridge used to test the recipient;

(

f) if the recipient was tested by an evaluating officer,

(

i) a copy of any evaluation sheet used in the testing of the

recipient,

(ii) a copy of the evaluating officer's narrative or opinion,

and

(iii) a copy of the results of tests of any samples of blood,

oral fluid or urine taken from the recipient;

(

g) if the recipient's blood was analysed, a copy of the results of

the analysis of the recipient's blood;

(

h) any other relevant records and representations of the officer

who issued the notice of administrative penalty or any other

officer, including peace officers' reports that have not been

certified, sworn or solemnly affirmed, that are in the opinion

of the Director relevant and necessary to determine the basis

for issuing the notice of administrative penalty.

Publication of decisions of adjudicators

3 The Director shall publish decisions of adjudicators on reviews of

notices of administrative penalty issued for contraventions of

section

88, 88.01, 88.02, 88.03 or 88.1 of the Act.

Grounds to cancel notice of administrative

penalty for immediate roadside sanction

4 The grounds for an adjudicator to cancel a notice of administrative

penalty

(

a) issued for a contravention of

section 88 of the Act are

(

i) that the recipient did not drive the motor vehicle,

(ii) that a notice of administrative penalty was not served on

the recipient, or

(iii) that the recipient did not have a medical or physical

condition that affected the recipient's physical or mental

ability, and that the recipient did not consume alcohol or

otherwise introduce into the recipient's body any

alcohol, drug or other substance in such a quantity so as

to affect the recipient's physical or mental ability;

(

b) issued for a contravention of

section 88.01 of the Act are

(

i) that the recipient did not drive the motor vehicle,

(ii) that the recipient was not a novice driver as defined in

section 88.01 of the Act,

(iii) that a notice of administrative penalty was not served on

the recipient,

(iv) that the Director did not provide complete records to the

recipient as required by

section 12 of the Provincial

Administrative Penalties Act,

(

v) that the recipient did not have any alcohol or a drug in

the recipient's body at the time of driving,

(vi) that where the officer that issued the notice of

administrative penalty did so on the basis of more than

one test of a sample of a bodily substance, the officer

did not use the lowest reading of the results of the tests

as the basis for issuing the notice of administrative

penalty, and the lowest reading does not support the

issuance of the notice of administrative penalty,

(vii) that the approved drug screening equipment, approved

instrument or approved screening device used to test the

recipient

(

A) had not been annually maintained, or

(

B) was outside of its calibration period,

(viii) that the officer did not advise the recipient in writing of

the right to a roadside appeal under

section 88.11 of the

Act and the recipient was unaware of that right, or

(ix) that the recipient immediately requested a roadside

appeal under

section 88.11 of the Act and the officer

failed to provide the recipient an opportunity to undergo

a test in accordance with

section 88.11 of the Act;

(

c) issued for a contravention of

section 88.02 of the Act are

(

i) that the recipient did not operate the commercial

vehicle,

(ii) that the motor vehicle the recipient was operating was

not a commercial vehicle,

(iii) that a notice of administrative penalty was not served on

the recipient,

(iv) that the Director did not provide complete records to the

recipient as required by

section 12 of the Provincial

Administrative Penalties Act,

(

v) that the recipient did not have any alcohol or a drug in

the recipient's body at the time of operating the

commercial vehicle,

(vi) that where the officer that issued the notice of

administrative penalty did so on the basis of more than

one test of a sample of a bodily substance, the officer

did not use the lowest reading of the results of the tests

as the basis for issuing the notice of administrative

penalty, and the lowest reading does not support the

issuance of the notice of administrative penalty,

(vii) that the approved drug screening equipment, approved

instrument or approved screening device used to test the

recipient

(

A) had not been annually maintained, or

(

B) was outside of its calibration period,

(viii) that the officer did not advise the recipient in writing of

the right to a roadside appeal under

section 88.11 of the

Act and the recipient was unaware of that right,

(ix) that the recipient immediately requested a roadside

appeal under

section 88.11 of the Act and the officer

failed to provide the recipient an opportunity to undergo

a test in accordance with

section 88.11 of the Act;

(

d) issued for a contravention of

section 88.03 of the Act are

(

i) that the recipient did not drive the motor vehicle,

(ii) that a notice of administrative penalty was not served on

the recipient,

(iii) that the Director did not provide complete records to the

recipient as required by

section 12 of the Provincial

Administrative Penalties Act,

(iv) that the recipient did not have a blood alcohol

concentration equal to or exceeding 50 milligrams of

alcohol in 100 millilitres of blood at the time of driving,

(

v) that where the officer that issued the notice of

administrative penalty did so on the basis of more than

one test of a sample of a bodily substance, the officer

did not use the lowest reading of the results of the tests

as the basis for issuing the notice of administrative

penalty, and the lowest reading does not support the

issuance of the notice of administrative penalty,

(vi) that the approved drug screening equipment, approved

instrument or approved screening device used to test the

recipient

(

A) had not been annually maintained, or

(

B) was outside of its calibration period,

(vii) that the officer did not advise the recipient in writing of

the right to a roadside appeal under

section 88.11 of the

Act and the recipient was unaware of that right, or

(viii) that the recipient immediately requested a roadside

appeal under

section 88.11 of the Act and the officer

failed to provide the recipient an opportunity to undergo

a test in accordance with

section 88.11 of the Act;

(

e) issued for a contravention of

section 88.1(1)(

a) of the Act are

(

i) that the recipient did not operate the motor vehicle,

(ii) that a notice of administrative penalty was not served on

the recipient,

(iii) that the Director did not provide complete records to the

recipient as required by

section 12 of the Provincial

Administrative Penalties Act,

(iv) that the recipient's ability to operate a motor vehicle

was not impaired to any degree by alcohol or a drug or a

combination of alcohol and a drug,

(

v) that the officer did not advise the recipient in writing of

the right to a roadside appeal under

section 88.11 of the

Act and the recipient was unaware of that right, or

(vi) that the recipient immediately requested a roadside

appeal under

section 88.11 of the Act and the officer

failed to provide the recipient an opportunity to undergo

a test in accordance with

section 88.11 of the Act;

(

f) issued for a contravention of

section 88.1(1)(

b) of the Act are

(

i) that the recipient did not operate the motor vehicle,

(ii) that a notice of administrative penalty was not served on

the recipient,

(iii) that the Director did not provide complete records to the

recipient as required by

section 12 of the Provincial

Administrative Penalties Act,

(iv) that the recipient did not within 2 hours of ceasing to

operate a motor vehicle have a blood alcohol

concentration equal to or exceeding 80 milligrams of

alcohol in 100 millilitres of blood,

(

v) that despite having within 2 hours after ceasing to

operate a motor vehicle a blood alcohol concentration

equal to or exceeding 80 milligrams of alcohol in 100

millilitres of blood,

(

A) the recipient consumed alcohol after ceasing to

operate the motor vehicle,

(

B) the recipient, after ceasing to operate the motor

vehicle, had no reasonable expectation that the

recipient would be required to provide a sample of

breath or blood, and

(

C) the recipient's alcohol consumption is consistent

with the recipient's blood alcohol concentration

and with the recipient having had, at the time when

the recipient was operating the motor vehicle, a

blood alcohol concentration of less than 80

milligrams of alcohol in 100 millilitres of blood,

(vi) that where the officer that issued the notice of

administrative penalty did so on the basis of more than

one test of a sample of a bodily substance, the officer

did not use the lowest reading of the results of the tests

as the basis for issuing the notice of administrative

penalty, and the lowest reading does not support the

issuance of the notice of administrative penalty,

(vii) that the approved instrument or approved screening

device used to test the recipient

(

A) had not been annually maintained, or

(

B) was used outside of its calibration period,

(viii) that the officer did not advise the recipient in writing of

the right to a roadside appeal under

section 88.11 of the

Act and the recipient was unaware of that right, or

(ix) that the recipient immediately requested a roadside

appeal under

section 88.11 of the Act and the officer

failed to provide the recipient an opportunity to undergo

a test in accordance with

section 88.11 of the Act;

(

g) issued for a contravention of

section 88.1(1)(

c) of the Act are

(

i) that the recipient did not operate the motor vehicle,

(ii) that a notice of administrative penalty was not served on

the recipient,

(iii) that the Director did not provide complete records to the

recipient as required by

section 12 of the Provincial

Administrative Penalties Act,

(iv) that the recipient did not within 2 hours of ceasing to

operate a motor vehicle have a blood drug concentration

that is equal to or exceeds any blood drug concentration

for the drug that is prescribed by regulation under the

Criminal Code (Canada),

(

v) that despite having within 2 hours after ceasing to

operate a motor vehicle a blood drug concentration that

is equal to or exceeds any blood drug concentration for

the drug that is prescribed by regulation under the

Criminal Code (Canada),

(

A) the recipient consumed the drug after ceasing to

operate the motor vehicle, and

(

B) the recipient, after ceasing to operate the motor

vehicle, had no reasonable expectation that the

recipient would be required to provide a sample of

a bodily substance,

(vi) that where the officer that issued the notice of

administrative penalty did so on the basis of more than

one test of a sample of a bodily substance, the officer

did not use the lowest reading of the results of the tests

as the basis for issuing the notice of administrative

penalty, and the lowest reading does not support the

issuance of the notice of administrative penalty,

(vii) that where approved drug screening equipment was

used to test the recipient, that equipment

(

A) had not been annually maintained, or

(

B) was used outside of its calibration period,

(viii) that the officer did not advise the recipient in writing of

the right to a roadside appeal under

section 88.11 of the

Act and the recipient was unaware of that right, or

(ix) that the recipient immediately requested a roadside

appeal under

section 88.11 of the Act and the officer

failed to provide the recipient an opportunity to undergo

a test in accordance with

section 88.11 of the Act;

(

h) issued for a contravention of

section 88.1(1)(

d) of the Act are

(

i) that the recipient did not operate the motor vehicle,

(ii) that a notice of administrative penalty was not served on

the recipient,

(iii) that the Director did not provide complete records to the

recipient as required by

section 12 of the Provincial

Administrative Penalties Act,

(iv) that the recipient did not within 2 hours of ceasing to

operate a motor vehicle have a blood alcohol

concentration and a blood drug concentration that is

equal to or exceeds the blood alcohol concentration and

the blood drug concentration for the drug that are

prescribed by regulation under the Criminal Code

(Canada) for instances where alcohol and drugs are

combined,

(

v) that despite having within 2 hours after ceasing to

operate a motor vehicle a blood alcohol concentration

and a blood drug concentration that is equal to or

exceeds the blood alcohol concentration and the blood

drug concentration for the drug that are prescribed by

regulation under the Criminal Code (Canada) for

instances where alcohol and drugs are combined,

(

A) the recipient consumed the drug or the alcohol or

both after ceasing to operate the motor vehicle,

(

B) the recipient, after ceasing to operate the motor

vehicle, had no reasonable expectation that the

recipient would be required to provide a sample of

a bodily substance, and

(

C) the recipient's alcohol consumption is consistent

with the recipient's blood alcohol concentration as

determined in accordance with the regulations and

with the recipient having had, at the time when the

recipient was operating the motor vehicle, a blood

alcohol concentration of less than the blood

alcohol concentration established under subsection

320.31(1) or (2) of the Criminal Code (Canada),

(vi) that where the officer that issued the notice of

administrative penalty did so on the basis of more than

one test of a sample of a bodily substance, the officer

did not use the lowest reading of the results of the tests

as the basis for issuing the notice of administrative

penalty, and the lowest reading does not support the

issuance of the notice of administrative penalty,

(vii) that where approved drug screening equipment, an

approved instrument or an approved screening device

was used to test the recipient, the equipment, instrument

or device

(

A) had not been annually maintained, or

(

B) was used outside of its calibration period,

(viii) that the officer did not advise the recipient in writing of

the right to a roadside appeal under

section 88.11 of the

Act and the recipient was unaware of that right, or

(ix) that the recipient immediately requested a roadside

appeal under

section 88.11 of the Act and the officer

failed to provide the recipient an opportunity to undergo

a test in accordance with

section 88.11 of the Act;

(

i) issued for a contravention of

section 88.1(1)(

e) of the Act are

(

i) that a notice of administrative penalty was not served on

the recipient,

(ii) that the Director did not provide complete records to the

recipient as required by

section 12 of the Provincial

Administrative Penalties Act,

(iii) that the recipient did not know a demand had been made

on the recipient under

section 320.27 or 320.28 of the

Criminal Code (Canada),

(iv) that the recipient, knowing that a demand had been

made on the recipient under

section 320.27 or 320.28 of

the Criminal Code (Canada), did not fail or refuse to

comply with that demand,

(

v) that the recipient, knowing that a demand had been

made on the recipient under

section 320.27 or 320.28 of

the Criminal Code (Canada), did have a reasonable

excuse for failing or refusing to comply with that

demand,

(vi) that the officer did not advise the recipient in writing of

the right to a roadside appeal under

section 88.11 of the

Act and the recipient was unaware of that right, or

(vii) that the recipient immediately requested a roadside

appeal under

section 88.11 of the Act and the officer

failed to provide the recipient an opportunity to undergo

a test in accordance with

section 88.11 of the Act.

Interim relief

5 The Director may grant interim relief to a recipient, and make the

interim relief subject to any terms or conditions that the Director

considers appropriate in the circumstances, where

(

a) the Director has not scheduled a review in accordance with

section 15 of the Provincial Administrative Penalties Act,

(

b) an adjudicator has not provided a copy of the adjudicator's

decision to the recipient in accordance with

section 22 of the

Provincial Administrative Penalties Act, or

(

c) the Director has extended the periods referred to in

section 15

or 22 of the Provincial Administrative Penalties Act.

Cancellation of notice of administrative penalty

6 If, after conducting a review respecting a contravention of

section

88.01, 88.02, 88.03 or 88.1 of the Act, the adjudicator cancels the

notice of administrative penalty in accordance with

section 21 of the

Provincial Administrative Penalties Act, the Director shall

(

a) direct the Registrar to cancel any operator's licence

suspension,

(

b) direct the Registrar to cancel any other conditions for

reinstatement of the operator's licence as set out in the

regulations for a contravention of that section,

(

c) direct the Registrar to release the recipient's motor vehicle

from immobilization or seizure, and

(

d) if a fine and applicable surcharge has already been paid by

the recipient, refund the amount of fine and applicable

surcharge paid.

Refunds of review fees

7 The Director may refund a fee paid for a request for review under

section 7 of the Provincial Administrative Penalties Act in exceptional

circumstances as prescribed under that Act or at the discretion of the

Director.

Reimbursement of costs and expenses

to recipient

8(1) Where a notice of administrative penalty is cancelled, on

application by a recipient, the law enforcement agency that issued the

notice shall, subject to subsection (2), refund any seizure costs referred

to in

section 63 of the Act associated with seizure of the recipient's

motor vehicle.

(2) The maximum amount of costs to be refunded is the lesser of the

costs accumulated

(

a) at the end of 48 hours after receipt by the recipient of the

cancellation notice from the Director, or

(

b) up to the expiry of the seizure period.

Extension of payment date for immediate

roadside sanction monetary penalties

9(1) Subject to subsection (2), a recipient has 90 days to pay a fine

imposed pursuant to a notice of administrative penalty.

(2) A recipient may apply before the 90 days referred to in subsection

(1) expire for additional time to pay the fine.

(3) The Director can extend the time referred to in subsection (1) for

an additional 90 days.

(4) The recipient may apply for a further extension before the 90 days

referred to in subsection (2) expires, and the Director has absolute

discretion on whether to allow that extension.

Requirements of notice of administrative penalty

10 In addition to the content satisfactory to the Minister responsible

under

section 16 of the Government Organization Act for the

Provincial Administrative Penalties Act, a notice of administrative

penalty must contain the following:

(

a) in respect of a notice of administrative penalty issued for a

contravention of

section 88.01, 88.02, 88.03 or 88.1 of the

Act,

(

i) a statement of the right of the recipient to a roadside

appeal of the notice under

section 88.11 of the Act,

(ii) a statement indicating that there may be additional

conditions for reinstatement of the recipient's operator's

licence,

(iii) a statement indicating the recipient's operator's licence

has been immediately suspended and the length of that

suspension,

(iv) a statement indicating that the motor vehicle driven by

the recipient will be immediately seized and the length

of that seizure, and

(

v) the website address for SafeRoads Alberta;

(

b) in respect of a notice of administrative penalty issued for a

contravention of

section 88.01, 88.03 or 88.1 of the Act, a

notice of seizure of a motor vehicle that complies with the

requirements of the Vehicle Seizure and Removal Regulation

(AR 251/2006) respecting the contents of a seizure notice.

Additional conditions for licence reinstatement

11 The additional conditions for reinstatement of an operator's

licence suspended

(

a) for 2nd and subsequent contraventions by a recipient of

section 88.03 of the Act is the completion of a mandatory

education course required by the Registrar, and

(

b) for the first or 2nd contravention by a recipient of

section

88.1 of the Act is the completion of a mandatory education

course required by the Registrar.

Calculation of time for reviews

12(1) If the date for submitting a request for review falls on a

weekend day or holiday, the request is still due that day.

(2) Materials for a review must be provided at least two clear days

before the date of the review.

Fees for review requests

13(1) The non-refundable fee for a request for review under

section 7

of the Provincial Administrative Penalties Act of a notice of

administrative penalty for a contravention of

section 88, 88.01, 88.02,

88.03 or 88.1 of the Act is $150.

(2) The non-refundable fee for a request for a late review under

section 20 of the Provincial Administrative Penalties Act of a notice of

administrative penalty for a contravention of

section 88, 88.01, 88.02,

88.03 or 88.1 of the Act is $50.

Fees for copies of decisions

14 The Director may charge the following fees:

(

a) for a copy of an adjudicator's decision on a review under

section 7 of the Provincial Administrative Penalties Act of a

notice of administrative penalty for a contravention of the

Act or other public document maintained by the Director, $2

per page;

(

b) for a certified copy of a decision, $15.

Coming into force

15 This Regulation has effect on the coming into force of

section

44(66) of the Provincial Administrative Penalties Act.

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

Alberta Regulation 225/2020

Traffic Safety Act

VEHICLE SEIZURE AND REMOVAL

AMENDMENT REGULATION

Filed: November 18, 2020

For information only: Made by the Minister of Transportation (M.O. 48/20) on

November 17, 2020 pursuant to sections 18(2), 64, 81 and 188.1 of the Traffic Safety

Act.

1 The Vehicle Seizure and Removal Regulation

(AR 251/2006) is amended by this Regulation.

Section 1(1)(

d) is repealed.

Section 4 is repealed and the following is substituted:

Service of notice

4(1) In this section, "Director" means Director as defined in the

Provincial Administrative Penalties Act.

(2) A notice and any other document issued under this Regulation

may be served on the owner of a vehicle by sending the notice by

ordinary mail to the owner at the latest physical or postal address for

that person as shown in the records of the Registrar.

(3) In addition to the methods for service specified in

section 6 of

the Act and subsection (2), a notice and any other document issued

under this Regulation may be served on a person by

(

a) being transmitted by electronic means to an email or other

electronic address provided by the person to the officer who

issued the notice, or

(

b) being sent by ordinary mail to the latest address of the person

as shown in the records of an official in another jurisdiction

who performs a function in that jurisdiction that is similar to

the function of the Registrar.

(4) A person who serves a notice or any other document issued

under this Regulation shall complete and file with the Registrar or

the Director a certificate of service, in a form satisfactory to the

Registrar or the Director, attesting to the mailing or transmission, the

date of mailing or transmission and the address to which the notice

or document was mailed or transmitted.

(5) The Registrar or the Director, on application by a peace officer,

and on being satisfied that service cannot be made effectively on a

recipient by a method provided for in this section, may order another

method of service and the order may provide for the circumstances

in which that service is deemed to be effective.

Section 6 is amended

(

a) in subsections (1) and (2)(

c) by adding "88, 88.01,

88.03, 88.1," after "under section";

(

b) by adding the following after subsection (4):

(5) With respect to an immobilization of a motor vehicle

pursuant to

section 88, 88.01, 88.03 or 88.1 of the Act, the

requirements of subsection (1) are met if the notice of

administrative penalty issued under the Provincial

Administrative Penalties Act with respect to a contravention of

one of those sections contains the information set out in

subsection (1).

Section 7 is amended

(

a) in subsection (1)

(

i) by adding "88, 88.01, 88.03, 88.1," after "77,";

(ii) in clause (g.1) by striking out "section 172.1" and

substituting "section 88, 88.01, 88.03, 88.1 or 172.1";

(

b) in subsection (2)

(

i) by adding "88, 88.01, 88.03, 88.1," after "77,";

(ii) in clauses (

f) and (

g) by adding "88, 88.01, 88.03,

88.1," after "section";

(

c) in subsection (2.1) by adding "88, 88.01, 88.03, 88.1,"

after "under section";

(

d) by adding the following after subsection (3):

(4) With respect to a seizure of a motor vehicle pursuant to

section 88, 88.01, 88.03 or 88.1 of the Act, the requirements of

subsection (1) are met if the notice of administrative penalty

issued under the Provincial Administrative Penalties Act with

respect to a contravention of one of those sections contains the

information set out in subsection (1).

Section 9 is amended

(

a) in clause (a)

(

i) by adding "88, 88.01, 88.03, 88.1," after "77,";

(ii) by striking out "Board" and substituting

"Registrar";

(

b) in clause (

d) by striking out "Board" and substituting

"Registrar";

(

c) in clause (

f) by striking out "officer, Board or Court"

and substituting "officer or Court".

Section 11 is repealed and the following is substituted:

Application by driver for review of seizure of motor vehicle

11(1) The grounds on which a review may be requested under

section 35(1) of the Act with respect to a seizure under

section 173

of the Act are one or more of the following:

(

a) that the person driving the motor vehicle when it was seized

was an unauthorized driver under

section 94 of the Act or

was prohibited from driving under

section 94.1 of the Act

who did not know and could not reasonably have known that

the person was an unauthorized driver under

section 94 of the

Act or was prohibited from driving under

section 94.1 of the

Act;

(

b) that the person driving the motor vehicle when it was seized

was not an unauthorized driver under

section 94 of the Act or

was not prohibited from driving under

section 94.1 of the

Act;

(

c) that the person driving the motor vehicle when it was seized

had not previously been charged with an offence under

section 94 or 94.1 of the Act, or was not driving the same

motor vehicle at the time the person had been previously

charged under

section 94 or 94.1 of the Act.

(2) Where a person requesting the review satisfies the Registrar that

subsection (1)(

c) applies, the Registrar shall substitute the seizure

period imposed under

section 173(3)(

f) or (

g) of the Act with the

seizure period imposed under

section 173(2)(

a) or (

b) of the Act.

(3) The grounds on which a review may be requested with respect to

a seizure of a vehicle under

section 172.1 of the Act related to a

charge under

section 130 of the National Defence Act (Canada) by

reason of a person contravening

section 320.14 or 320.15 of the

Criminal Code (Canada) are that the driver of the vehicle has not

been charged with an offence under

section 130 of the National

Defence Act (Canada) by reason of the driver contravening

section

320.14 or 320.15 of the Criminal Code (Canada).

Application for relief from seizure for affected persons

11.1(1) In this

section and

section 11.3, "affected person" means

the owner of a motor vehicle.

(2) In subsection (4),

(a) "individual with significant control" has the meaning of that

term in subsection 2.1(1) of the

Canada Business

Corporations Act (Canada);

(b) "joint ownership or control" has the meaning of that term in

subsection 2.1(2) of the

Canada Business Corporations Act

(Canada);

(c) "significant number of shares" has the meaning of that term

in subsection 2.1(3) of the

Canada Business Corporations

Act (Canada).

(3) The grounds on which an affected person may apply under

section 36(2) of the Act for relief from seizure of the affected

person's motor vehicle with respect to a seizure under

section 88,

88.01, 88.03, 88.1, 94, 94.1, 172.1, 173 or 173.1 of the Act are one

or more of the following:

(

a) that the affected person was not driving the motor vehicle

when it was seized and the motor vehicle was not driven with

the express or implied consent of the affected person;

(

b) that the affected person was not driving the motor vehicle

when it was seized, and could not reasonably have known

that the motor vehicle was being driven in the course of

committing a contravention under

section 88, 88.01, 88.03,

88.1, 94, 94.1, 172.1, 173 or 173.1 of the Act.

(4) For the purposes of relief based on grounds set out in subsection

(3)(b), the following apply:

(

a) in a case where the motor vehicle concerned is a commercial

vehicle and the driver is a person who is driving for a carrier

who is the owner of the commercial vehicle, the affected

person must produce a driver's abstract for the driver which

is dated not more than one year before the date on which the

driving occurred;

(

b) in a case where the affected person has rented the vehicle to

the driver, by agreement in the ordinary course of the

owner's business, the affected person must produce a rental

agreement that

(

i) was issued in the name of the person driving the motor

vehicle, and

the conduct described in sections 88, 88.01, 88.03, 88.1,

94, 94.1, 172.1, 173 and 173.1 of the Act;

(

c) in all cases, the affected person must establish that, before

driving the motor vehicle, the person driving the motor

vehicle showed the affected person an operator's licence that

(

i) was issued in the name of the person driving the motor

vehicle,

(ii) was the appropriate class of licence for the motor

vehicle concerned, and

(iii) had not expired as of the date on which the driving

occurred;

(

d) in all cases, the affected person must establish that the

affected person

(

i) is not part of the driver's household,

(ii) does not own the motor vehicle for the benefit of the

driver, and

(iii) is a not a corporation

(

A) in which the driver has joint ownership or control,

(

B) in which the driver owns a significant number of

shares, or

(

C) over which the driver is an individual with

significant control;

(

e) in all cases, the affected person must establish that the driver

is not a registered owner of the motor vehicle.

Method of and fee for review of seizure or consideration of application

for relief from seizure

11.2(1) A review under

section 35(1) of the Act or the

consideration of an application for relief under

section 36(2) of the

Act may only be conducted in writing.

(2) The fee payable

(

a) for a review under

section 35(1) of the Act is $150, and

(

b) for the consideration of an application for relief under

section

36(2) of the Act is $50.

Fees to cover merchant fees

11.3 Where

(

a) a driver uses a credit card, or any other form of payment that

subjects the receiver of the payment to merchant fees, to pay

a fee under

section 11.2(2)(

a) for requesting a review, or

(

b) an affected person uses a credit card, or any other form of

payment that subjects the receiver of the payment to

merchant fees, to pay a fee under

section 11.2(2)(

b) for

requesting relief,

the Registrar may require the driver or the affected person to pay a

service charge in an amount to be determined by the Registrar.

Section 12 is amended

(

a) in subsection (1) by striking out "Board" and

substituting "Registrar";

(

b) by repealing subsection (2).

Section 13 is amended

(

a) in subsection (1) by adding "88, 88.01, 88.03, 88.1,"

after "77,";

(

b) in subsections (2) and (3) by striking out "142, 170 or

171" and substituting "142 or 170".

Section 15(1) is amended by adding "88, 88.01, 88.03,

88.1," after "77,".

11 This Regulation has effect on the coming into force of

section 44(22) of the Provincial Administrative Penalties

Act.

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

Alberta Regulation 226/2020

Traffic Safety Act

VEHICLE INSPECTION

AMENDMENT REGULATION

Filed: November 18, 2020

For information only: Made by the Minister of Transportation (M.O. 49/20) on

November 17, 2020 pursuant to

section 81 and 156 of the Traffic Safety Act.

1 The Vehicle Inspection Regulation (AR 211/2006) is

amended by this Regulation.

Section 63(2) is amended by striking out "right to appeal to

the Board under

section 42.1" and substituting "right to apply to the

Registrar for a reconsideration under

section 34(1)(j)".

Section 64(3) is amended by striking out "appeal the

decision of the Registrar to the Board" and substituting "apply to

the Registrar for a reconsideration of the decision".

Section 69(1)(

h) is repealed and the following is

substituted:

(

h) a statement describing the right of the person on whom the

administrative penalty is imposed to apply to the Registrar

for a reconsideration of the administrative penalty, the

addresses to which the application is to be sent, how the

application is to be made and the date by which the

application is to be made.

5 This Regulation has effect on the coming into force of

section 44(22) of the Provincial Administrative Penalties

Act.

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

Alberta Regulation 227/2020

Traffic Safety Act

BILL OF LADING AND CONDITIONS OF

CARRIAGE AMENDMENT REGULATION

Filed: November 18, 2020

For information only: Made by the Minister of Transportation (M.O. 50/20) on

November 17, 2020 pursuant to

section 156 of the Traffic Safety Act.

1 The Bill of Lading and Conditions of Carriage Regulation

(AR 313/2002) is amended by this Regulation.

Section 1(

a) is repealed.

3 This Regulation has effect on the coming into force of

section 44(17) of the Provincial Administrative Penalties

Act.

Alberta Regulation 228/2020

Government Organization Act

PERSONAL PROPERTY REGISTRY ACCREDITATION AND

DOCUMENT HANDLING (EXPIRY DATE EXTENSION)

AMENDMENT REGULATION

Filed: November 18, 2020

For information only: Made by the Minister of Service Alberta (M.O. SA:021/2020)

on October 27, 2020 pursuant to

section 12 of

schedule 12 of the Government

Organization Act.

1 The Personal Property Registry Accreditation and

Document Handling Regulation (AR 235/2007) is amended

by this Regulation.

Section 23, as extended by the Regulations Expiry Date

Extension Regulation (AR 47/2020), is amended by striking

out "October 31, 2020" and substituting "October 31, 2023".

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

Alberta Regulation 229/2020

Marketing of Agricultural Products Act

ALBERTA BEEF PRODUCERS PLAN

AMENDMENT REGULATION

Filed: November 18, 2020

For information only: Made by the Minister of Agriculture and Forestry (M.O.

049/2020) on November 17, 2020 pursuant to

section 23 of the Marketing of

Agricultural Products Act.

1 The Alberta Beef Producers Plan Regulation

(AR 286/2009) is amended by this Regulation.

Section 1(1) is amended

(

a) by repealing clause (a.2) and substituting the

following:

(a.2) "auditor" means a professional accounting firm

registered under the Chartered Professional

Accountants Act and authorized to perform an audit

engagement;

(

b) by repealing clause (f);

(

c) in clause (

i) by striking out "Commission directors" and

substituting "directors";

(

d) in clause (

r) by striking out "Schedule" and

substituting "bylaws".

Section 3 is amended by renumbering it as

section 3(1)

and by adding the following after subsection (1):

(2) This Plan applies to all of Alberta.

4 The following is added after

section 3:

Zones

3.1 For the purposes of this Plan, Alberta is divided into the zones

set out in the bylaws.

Section 7 is amended

(

a) in subsection (3)(b)(

i) and (ii) by striking out

"Commission director" and substituting "director";

(

b) in subsection (4)

(

i) in clause (

a) by striking out "Commission director"

and substituting "director";

(ii) in clause (

b) by striking out "and, if any, a cattle

council";

(iii) in clause (

c) by striking out "Commission director"

and substituting "director";

(iv) in clause (d)

(

A) by striking out "Commission directors" and

substituting "directors";

(

B) by striking out "vice-chair" and substituting

"vice chair";

(

v) by repealing clause (

e) and substituting the

following:

(

e) the term of office of a director;

(e.1) the maximum number of consecutive years that

may be served by a director;

(vi) in clause (

f) by striking out "Commission

directors" and substituting "directors and delegates".

Section 8(2)(

b) is amended by striking out "Commission

directors" and substituting "directors".

Section 9(1) is amended by striking out "each year" and

substituting "each calendar year".

Section 11(1) is amended by striking out "Commission

directors" and substituting "directors".

9 The heading to

Part 3 is amended by striking out

"Commission Directors" and substituting "Directors".

Section 14 is repealed and the following is substituted:

Commission

14(1) The Commission shall consist of 12 directors.

(2) The directors shall be elected by the delegates at the annual

delegate meeting.

(3) The election for directors shall be conducted in accordance with

the process set out in the bylaws.

(4) The term of office of a director, including the maximum number

of consecutive years that may be served by a director, shall be set out

in the bylaws.

Section 15 is repealed.

Section 16 is amended by striking out "Commission

director" and substituting "director or delegate".

Section 17 is repealed and the following is substituted:

Vacancy

17 If a director ceases to hold office before the expiry of that

director's term, the Commission may, subject to the approval of the

Council, appoint a delegate to fill the position until the conclusion of

the next annual delegate meeting.

Section 18(3)(

c) is amended by striking out "Commission

director" and substituting "director".

Section 19 is amended by striking out "Commission

director" and substituting "director".

Section 21(1) is amended by striking out "Commission

director" and substituting "director".

Section 25 is amended by striking out "June 30, 2020"

and substituting "June 30, 2025".

18 The

Schedule is repealed.

Transitional - annual delegate meeting

19 Notwithstanding

section 9(1), the Commission is not required to

hold an annual delegate meeting in 2020 and the first annual delegate

meeting held after the coming into force of this Regulation may be

held in 2021.

Transitional - directors

20 Notwithstanding sections 14(1) and 15(2), the Commission

directors holding office immediately before this Regulation comes into

force shall hold office as directors until the conclusion of the first

annual delegate meeting held after this Regulation comes into force.

21(1) Sections 2(

b) and 5(b)(ii) have effect at the

commencement of the first annual producer meeting held in

(2) Sections 10 and 11 have effect at the commencement of

the annual delegate meeting held after the coming into

force of this Regulation.

Alberta Regulation 230/2020

Marketing of Agricultural Products Act

SUGAR BEET MARKETING PLAN

AMENDMENT REGULATION

Filed: November 18, 2020

For information only: Made by the Minister of Agriculture and Forestry (M.O.

050/2020) on November 17, 2020 pursuant to

section 23 of the Marketing of

Agricultural Products Act.

1 The Sugar Beet Marketing Plan Regulation (AR 275/97) is

amended by this Regulation.

Section 1 is amended by adding the following after

clause (d):

(d.001) "family" means family as defined in the Sugar Beet

Production and Marketing Regulation (AR 287/97);

(d.002) "fodder beet" means a sugar beet produced in Alberta

for consumption by livestock that is owned or leased by

the producer or a family member of the producer;

Section 5 is amended

(

a) by renumbering it as subsection (1);

(

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

(2) Despite subsection (1), this Plan does not apply in respect of

a person who produces fodder beets in Alberta on one or more

parcels of land that are owned or leased by the person and that do

not in the aggregate exceed 40 acres, in respect of those fodder

beets.

Section 26 is amended

(

a) in clause (

a) by striking out "annual meeting" and

substituting "annual general meeting";

(

b) in clause (b)

(

i) by striking out "special area meeting" and

substituting "special meeting";

(ii) in subclause (

i) by striking out "15%" and

substituting "30%";

(

c) in clause (

c) by striking out "special area meeting" and

substituting "special meeting".

Section 27(1) is amended

(

a) by striking out "date of an area meeting" and

substituting "date of an annual general meeting or a

special meeting for an area";

(

b) by striking out "the area meeting" and substituting

"that meeting".

Section 28 is repealed and the following is substituted:

Quorum re area general meeting

28(1) A quorum for an annual general meeting for an area is not

less than 20% of the registered producers within the area.

(2) A quorum for a special meeting for an area is not less than 30%

of the registered producers within the area.

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

Alberta Regulation 231/2020

Marketing of Agricultural Products Act

SUGAR BEET PRODUCTION AND MARKETING

AMENDMENT REGULATION

Filed: November 18, 2020

For information only: Made by the Alberta Sugar Beet Growers on June 5, 2020, and

approved by the Alberta Agricultural Products Marketing Council on June 18, 2020

pursuant to sections 26 and 27 of the Marketing of Agricultural Products Act.

1 The Sugar Beet Production and Marketing Regulation

(AR 287/97) is amended by this Regulation.

Section 1(1) is amended by adding the following after

clause (e):

(e.1) "fodder beet" means fodder beet as defined in the Sugar Beet

Marketing Plan Regulation (AR 275/97);

Section 2 is amended

(

a) by renumbering it as

section 2(1);

(

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

(2) The Board may exempt persons from the requirement in this

Regulation to be a registered producer or to hold a producer's or

processor's licence.

(3) The Board may exempt persons from the requirements in

this Regulation respecting the allotment of quota.

Section 3 is amended

(

a) by renumbering it as

section 3(1);

(

b) in subsection (1) by striking out "No person shall" and

substituting "Subject to subsection (2), no person shall";

(

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

(2) No person shall market fodder beets in Alberta whether

through a processor or otherwise.

5 The following is added after

section 3:

Fodder beets

3.1(1) Despite

section 47(8), a person may produce fodder beets

without a producer's licence, quota or quota certificate or a research

licence on one or more parcels of land that are owned or leased by

the person and that do not in the aggregate exceed 40 acres.

(2) A person referred to in subsection (1) shall

(

a) provide to the Board

(

i) the person's name and mailing address,

(ii) the person's email address, if available, and

(iii) the legal description of the parcel or parcels on which

the fodder beets are produced,

and

(

b) comply with any orders, directives or policies established by

the Board with respect to agronomic practices for the

production of sugar beets.

Section 47 is amended by adding the following after

subsection (10):

(11) No person shall

(

a) produce fodder beets on one or more parcels of land that in

the aggregate exceed 40 acres, or

(

b) exchange fodder beets for valuable consideration, including

selling fodder beets.