Alberta Gazette — 15 April 2017 (Part II)

15 April 2017

Alberta — Gazette

Alberta Gazette — 15 April 2017 (Part II)

15 April 2017

Alberta — Gazette

Alberta Regulation 45/2017

Crown's Right of Recovery Act

CROWN'S RIGHT OF RECOVERY (PRESIDENT OF TREASURY

BOARD AND MINISTER OF FINANCE) AMENDMENT REGULATION

Filed: March 20, 2017

For information only: Made by the President of Treasury Board, Minister of Finance

(M.O. 11/2017) on March 16, 2017 pursuant to

section 40(3) of the Crown's Right of

Recovery Act.

1 The Crown's Right of Recovery (President of Treasury

Board and Minister of Finance) Regulation (AR 89/2012) is

amended by this Regulation.

Section 9 is repealed.

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Alberta Regulation 46/2017

Government Organization Act

MUNICIPAL AFFAIRS GRANTS AMENDMENT REGULATION

Filed: March 21, 2017

For information only: Made by the Lieutenant Governor in Council (O.C. 085/2017)

on March 21, 2017 pursuant to

section 13 of the Government Organization Act.

1 The Municipal Affairs Grants Regulation (AR 123/2000) is

amended by this Regulation.

Section 2 is repealed and the following is substituted:

General authority to make grants

2 Subject to the Schedules, the Minister may make grants, in

accordance with this Regulation, for any purpose related to any

program, service or matter under the administration of the Minister.

Eligibility

2.1 Subject to the Schedules, the following are eligible to apply for

or receive a grant under this Regulation:

(

a) a person or organization engaged in research activities related

to municipal matters;

(

b) a person or organization that provides a service relating to

municipal matters;

(

c) an advisory committee appointed under the Municipal

Government Act or elected under the Special Areas Act;

(

d) a municipal corporation;

(

e) a regional services commission established under the

Municipal Government Act;

(

f) a person, organization or government body that is involved in

providing a program or service or dealing with a matter that

is under the administration of the Minister.

Applications for grants

2.2 An application for a grant must be made in a manner and form

satisfactory to the Minister.

Conditions

2.3 The following conditions apply to a grant:

(

a) that the recipient

(

i) account to the Minister, in the manner required by the

Minister, for the way in which the grant is spent in

whole or in part,

(ii) permit a representative of the Minister or the Auditor

General to examine any books or records that the

Minister or the Auditor General considers necessary to

determine how the grant has been or is being spent, and

(iii) provide to the Minister, on request, any information the

Minister considers necessary for the purpose of

determining whether or not the recipient has complied

or is complying with the conditions of the grant;

(

b) any other conditions imposed by the Minister.

Section 7 is amended by adding the following after

subsection (1):

(1.1) The Minister may vary

(

a) the purpose of a grant, or

(

b) a condition on which a grant is made.

Section 11 is repealed.

Schedule 1 is repealed.

Schedule 2 is amended in

section 1(3) by striking out

"2017" and substituting "2020".

7 This Regulation, except for

section 4, comes into force

on April 1, 2017.

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

Alberta Regulation 47/2017

Government Organization Act

BOILERS DELEGATED ADMINISTRATION AMENDMENT REGULATION

Filed: March 21, 2017

For information only: Made by the Lieutenant Governor in Council (O.C. 086/2017)

on March 21, 2017 pursuant to

Schedule 10,

section 2 of the Government

Organization Act.

1 The Boilers Delegated Administration Regulation

(AR 32/2002) is amended by this Regulation.

Section 2(1)(

e) is amended by adding "40," after "38,"

Section 7(3)(

c) is amended by striking out "quality control

programs" and substituting "quality management systems".

Section 10 is amended by striking out "March 30, 2017"

and substituting "March 31, 2022".

5 This Regulation comes into force on March 31, 2017.

Alberta Regulation 48/2017

Farm Implement Act

FARM IMPLEMENT (EXPIRY DATE EXTENSION)

AMENDMENT REGULATION

Filed: March 21, 2017

For information only: Made by the Lieutenant Governor in Council (O.C. 087/2017)

on March 21, 2017 pursuant to

section 30 of the Farm Implement Act.

1 The Farm Implement Regulation (AR 204/83) is amended

by this Regulation.

Section 10 is amended by striking out "March 31, 2017"

and substituting "March 31, 2020".

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

Alberta Regulation 49/2017

Youth Criminal Justice Act (Canada)

Youth Justice Act (Alberta)

YOUTH JUSTICE DESIGNATION AMENDMENT REGULATION

Filed: March 21, 2017

For information only: Made by the Lieutenant Governor in Council (O.C. 091/2017)

on March 21, 2017 pursuant to sections 18, 19, 53, 85 and 88 of the Youth Criminal

Justice Act (Canada) and

section 35 of the Youth Justice Act (Alberta).

1 The Youth Justice Designation Regulation (AR 322/2009)

is amended by this Regulation.

Section 2 is amended

(

a) in clause (

a) by repealing subclauses (vi) and (vii)

and substituting the following:

(vi) Director, Community Corrections and Release

Programs;

(vii) Manager, Community Corrections and Release

Programs;

(

b) by repealing clause (

b) and substituting the

following:

(

b) an employee of the City of Calgary, Calgary

Neighbourhoods, who holds a position with a title as

follows:

(

i) Director, Calgary Neighbourhoods;

(ii) Manager, Social Development;

(iii) Youth Justice Coordinator;

(iv) Team Lead, Youth Services;

Section 3(

c) is repealed and the following is substituted:

(

c) a probation officer in the City of Calgary, Calgary

Neighbourhoods, Social Development Division;

Section 12 is repealed.

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

Alberta Regulation 50/2017

Child and Youth Advocate Act

CHILD AND YOUTH ADVOCATE (EXPIRY DATE EXTENSION)

AMENDMENT REGULATION

Filed: March 21, 2017

For information only: Made by the Lieutenant Governor in Council (O.C. 100/2017)

on March 21, 2017 pursuant to

section 21 of the Child and Youth Advocate Act.

1 The Child and Youth Advocate Regulation (AR 53/2012)

is amended by this Regulation.

Section 2 is amended by striking out "March 31, 2017" and

substituting "March 31, 2018".

Alberta Regulation 51/2017

Government Organization Act

INFRASTRUCTURE GRANTS AMENDMENT REGULATION

Filed: March 21, 2017

For information only: Made by the Lieutenant Governor in Council (O.C. 101/2017)

on March 21, 2017 pursuant to

section 13 of the Government Organization Act.

1 The Infrastructure Grants Regulation (AR 56/2003) is

amended by this Regulation.

Section 11 is repealed.

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

Alberta Regulation 52/2017

Government Organization Act

TRANSPORTATION GRANTS AMENDMENT REGULATION

Filed: March 21, 2017

For information only: Made by the Lieutenant Governor in Council (O.C. 102/2017)

on March 21, 2017 pursuant to

section 13 of the Government Organization Act.

1 The Transportation Grants Regulation (AR 79/2003) is

amended by this Regulation.

Section 11 is repealed.

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

Alberta Regulation 53/2017

Residential Tenancies Act

SUBSIDIZED PUBLIC HOUSING AMENDMENT REGULATION

Filed: March 21, 2017

For information only: Made by the Lieutenant Governor in Council (O.C. 104/2017)

on March 21, 2017 pursuant to

section 69 of the Residential Tenancies Act.

1 The Subsidized Public Housing Regulation (AR 191/2004)

is amended by this Regulation.

Section 7 is amended by striking out "March 31, 2017" and

substituting "March 31, 2020".

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

Alberta Regulation 54/2017

Environmental Protection and Enhancement Act

ENVIRONMENTAL ASSESSMENT (MANDATORY AND EXEMPTED

ACTIVITIES) AMENDMENT REGULATION

Filed: March 21, 2017

For information only: Made by the Lieutenant Governor in Council (O.C. 105/2017)

on March 21, 2017 pursuant to

section 59 of the Environmental Protection and

Enhancement Act.

1 The Environmental Assessment (Mandatory and

Exempted Activities) Regulation (AR 111/93) is amended by

this Regulation.

Schedule 2 is amended by adding the following after

item (g):

(

h) the construction, operation or reclamation of a plant,

structure or thing for the generating of wind electric power or

solar electric power, with a total nominal capacity not

exceeding 1 megawatt.

3 This Regulation comes into force on the coming into

force of

section 21 of the Renewable Electricity Act.

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

Alberta Regulation 55/2017

Public Lands Act

EXPLORATION DISPUTE RESOLUTION (EXPIRY DATE

EXTENSION) AMENDMENT REGULATION

Filed: March 21, 2017

For information only: Made by the Lieutenant Governor in Council (O.C. 108/2017)

on March 21, 2017 pursuant to

section 9 of the Public Lands Act.

1 The Exploration Dispute Resolution Regulation

(AR 227/2003) is amended by this Regulation.

Section 32 is amended by striking out "March 31, 2017"

and substituting "March 31, 2022".

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

Alberta Regulation 56/2017

Public Lands Act

PUBLIC LANDS ADMINISTRATION (EXERCISE OF RIGHTS)

AMENDMENT REGULATION

Filed: March 27, 2017

For information only: Made by the Lieutenant Governor in Council (O.C. 106/2017)

on March 21, 2017 pursuant to sections 8, 9, 9.1, 71.1, 108 and 119 and jointly with

the Minister of Environment and Parks (M.O. 10/2017) on March 23, 2017 pursuant

to sections 28(2), 43(2), 62.1(2) and 104(4) of the Public Lands Act.

1 The Public Lands Administration Regulation

(AR 187/2011) is amended by this Regulation.

2 The following is added after

section 42:

Rights under

Part II of the Constitution Act, 1982

42.1 An individual may, while exercising a right recognized and

affirmed under

Part II of the Constitution Act, 1982 or a right under

section 12 of the Transfer Agreement, enter on and occupy vacant

public land without an access permit.

Section 43 is amended

(

a) by striking out ", other than an employee, agent or

contractor of the Government of Alberta who is carrying out

the person's duties,";

(

b) by striking out "or" at the end of clause (

b) and

adding the following after clause (b):

(b.1) where the person is carrying out duties as an employee,

agent or contractor of the Government of Alberta,

(

c) by adding "or" at the end of clause (

c) and adding

the following after clause (c):

(

d) where the person is exercising a right recognized and

affirmed under

Part II of the Constitution Act, 1982 or a

right under

section 12 of the Transfer Agreement or is

travelling to a location to exercise such a right.

Section 185 is amended

(

a) in subsection (1) by striking out "subsections (2) and

(3)" and substituting "subsections (2), (3), (8) and (9)";

(

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

(8) Subsections (1)(b), (4), (6) and (7) do not apply to an

individual who is exercising a right recognized and affirmed

under

Part II of the Constitution Act, 1982 or a right under

section 12 of the Transfer Agreement or is travelling to a

location to exercise such a right.

(9) Subsection (3) does not apply to the operation of an

off-highway vehicle or snow vehicle by an individual who is

exercising a right recognized and affirmed under

Part II of the

Constitution Act, 1982 or a right under

section 12 of the

Transfer Agreement or is travelling to a location to exercise

such a right.

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

Alberta Regulation 57/2017

Public Lands Act

PUBLIC LANDS ADMINISTRATION (GENERAL)

AMENDMENT REGULATION

Filed: March 27, 2017

For information only: Made by the Lieutenant Governor in Council (O.C. 107/2017)

on March 21, 2017 pursuant to sections 8, 9, 9.1, 71.1, 108 and 119 and jointly with

the Minister of Environment and Parks (M.O. 11/2017) on March 27, 2017 pursuant

to sections 28(2), 43(2), 62.1(2) and 104(4) of the Public Lands Act.

1 The Public Lands Administration Regulation

(AR 187/2011) is amended by this Regulation.

Section 1(1) is amended

(

a) by repealing clause (

a) and substituting the

following:

(a) "access permit" means an authorization issued under

section 37;

(

b) by repealing clause (o)(ii), (xiii) and (xiv).

Section 9(1)(

f) is amended by striking out "limits" and

substituting "standards".

Section 14(2) and (3) are amended by striking out

"authorization" and substituting "approval".

5 Sections 16 and 21(1)(

e) are amended by striking out

"limits" and substituting "standards".

Section 30(

a) is repealed.

Section 36 is repealed.

Section 37 is amended

(

a) in subsection (1) by striking out "access permit

authorizing" and substituting "authorization for";

(

b) in subsection (2) by striking out "access permit" and

substituting "authorization under this section".

9 The following is added after

section 37:

Access permits for commercial purposes

37.1(1) A person must apply for and obtain an access permit before

entering on or occupying vacant public land for a commercial

purpose.

(2) Subsection (1) does not apply

(

a) to a holder of a disposition issued in respect of the vacant

public land,

(

b) to a holder of an exploration approval under the Exploration

Regulation (AR 284/2006) or the Metallic and Industrial

Minerals Exploration Regulation (AR 213/98) issued in

respect of the vacant public land,

(

c) to a holder of a timber disposition issued in respect of the

vacant public land,

(

d) to a holder of a registered fur management licence issued in

respect of the vacant public land, or

(

e) if the proposed entry and occupation is only for a purpose

described in an applicable disturbance standard as being

capable of being carried out on the vacant public land

without an access permit.

(3) Subsection (1) does not apply to the proposed entry or

occupation of a trail

(

a) to a holder of a disposition issued in respect of the trail,

(

b) to a holder of an exploration approval issued under the

Exploration Regulation (AR 284/2006) or the Metallic and

Industrial Minerals Exploration Regulation (AR 213/98) in

respect of the trail,

(

c) to a holder of a timber disposition issued under the Forests

Act in respect of the trail,

(

d) to a holder of a registered fur management licence issued

under the Wildlife Regulation (AR 143/97) in respect of the

trail, or

(

e) if the proposed entry and occupation is only for a purpose

described in an applicable disturbance standard as being

capable of being carried out on the trail without an access

permit.

Section 174 is amended

(

a) in clause (

g) by striking out "section 36(1)" and

substituting "section 37.1(1)";

(

b) in clause (ccc)

(

i) by repealing subclauses (i), (iv) and (vii);

(ii) by repealing subclause (viii) and substituting

the following:

(viii)

section 20(4);

(iii) by repealing subclauses (ix) to (xiv);

(iv) by repealing subclauses (xvi) and (xvii);

(

v) by repealing subclause (xxi) and substituting

the following:

(xxi)

section 47(4);

(vi) by repealing subclauses (xxii) to (xxv);

(

c) in clause (ddd)

(

i) by repealing subclause (i);

(ii) in subclause (ii) by striking out "59(1), (2)" and

substituting "59(2)".

Section 185(7) is amended by striking out "in a".

Section 209(e)(i)(

E) is amended by striking out "section

4(6)" and substituting "section 4(5)".

Section 245 is amended by striking out "March 31, 2017"

and substituting "March 31, 2027".

Schedule 4 is amended

(

a) in Part A

(

i) by repealing

section 1(1);

(ii) in

section 2 by striking out "forest recreation area"

and substituting "public land recreation area";

(

b) in Part B in

section 6 by striking out "forest recreation

area" and substituting "public land recreation area";

(

c) in

Part C

(

i) by repealing

section 9;

(ii) in

section 10 by striking out "forest recreation

area" and substituting "public land recreation area";

(

d) in Part D

(

i) by repealing

section 13;

(ii) in

section 14 by striking out "forest recreation

area" and substituting "public land recreation area";

(

e) in Part E by repealing sections 16 to 18;

(

f) in Part F by repealing sections 20(1) and (2) and 21

to 23;

(

g) in Part G by repealing sections 25 to 28;

(

h) in Part H by repealing sections 30(1) and (2), 31 and

32;

(

i) in Part O

(

i) by repealing sections 43(1) and (2), 44 and 45;

(ii) in

section 46 by striking out the following:

EXCEPT THEREOUT:

Big Horn Indian Reserve No. 144A.

Eagle Creek Forest Recreation Area.

Cutoff Creek Forest Recreation Area.

Hummingbird Forest Recreation Area.

Crescent Falls Forest Recreation Area.

Crescent Falls Provincial Recreation Area.

Ram Falls Provincial Recreation Area.

Kootenay Plains Ecological Reserve.

and substituting the following:

EXCEPT THEREOUT:

Big Horn Indian Reserve No. 144A.

Eagle Creek Public Land Recreation Area.

Cutoff Creek Public Land Recreation Area.

Hummingbird Public Land Recreation Area.

Crescent Falls Public Land Recreation Area.

Crescent Falls Provincial Recreation Area.

Ram Falls Provincial Recreation Area.

Kootenay Plains Ecological Reserve.

(

j) in Part P

(

i) by repealing sections 47(1) and (2) and 48 to

50;

(ii) in

section 51

(

A) by striking out "declared as Forest Recreation

Areas pursuant to

section 46 of the Forests Act";

(

B) by striking out "Panther Public Recreation

Area" and substituting "Panther Public Land

Recreation Area";

(

k) in Part Q by repealing

section 52;

(

l) in Part R in

section 55(2) by striking out "officer gives

written consent" and substituting "access permit

authorizes the person".

Schedule 5 is amended by striking out "Jumpingpound

Demonstration Public Land Forest Recreation Area" and

substituting "Jumpingpound Demonstration Public Land

Recreation Area".

Schedule 7 is amended by repealing sections 58 and

59(1) and (6).

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

Alberta Regulation 58/2017

Public Lands Act

RECREATIONAL ACCESS AMENDMENT REGULATION

Filed: March 27, 2017

For information only: Made by the Lieutenant Governor in Council (O.C. 109/2017)

on March 21, 2017 pursuant to

section 9 and jointly with the Minister of Environment

and Parks (M.O. 14/2017) on March 17, 2017 pursuant to

section 62.1 of the Public

Lands Act.

1 The Recreational Access Regulation (AR 228/2003) is

amended by this Regulation.

Section 6(1) is amended by adding the following after

clause (d):

(d.1) the proposed use would involve the discharge of a firearm or

use of an explosive at a location that is unreasonably close to

a fenced pasture in which livestock of the agricultural

disposition holder are present in accordance with the terms

and conditions of the agricultural disposition and the Act;

Section 25 is amended by striking out "March 31, 2017"

and substituting "March 31, 2022".

Alberta Regulation 59/2017

Service Dogs Act

SERVICE DOGS QUALIFICATIONS REGULATION

Filed: March 30, 2017

For information only: Made by the Minister of Community and Social Services

(M.O. 2017-04) on March 28, 2017 pursuant to

section 5 of the Service Dogs Act.

Qualifications

1(1) A dog has the qualifications of a service dog for the purposes

of the Act if

(

a) the dog has successfully completed a training program

delivered by a school or institution that is accredited by, or

that has candidacy status with, Assistance Dogs International

Inc., or

(

b) the dog has successfully completed

(

i) a training program delivered by an organization

identified on the Qualified List referred to in this

section, or

(ii) a test administered by an organization identified on the

Qualified List referred to in this section.

(2) The Minister shall, by order, establish

(

a) a Qualified List, and

(

b) the Training Standards that must be met for an organization

to be eligible for the Qualified List.

(3) An organization may apply to the Minister, at the times and in the

form and manner satisfactory to the Minister, to be added to the

Qualified List.

(4) An organization referred to in subsection (3) shall include in its

application:

(

a) proof of incorporation;

(

b) proof that the organization holds sufficient insurance against

foreseeable claims and losses, including third party claims

and loss;

(

c) a description of the applicant's method for training service

dogs in accordance with the Training Standards;

(

d) any additional information required by the Minister.

(5) The Minister shall publish and maintain the Qualified List and the

Training Standards referred to in subsection (2) as the Minister

considers appropriate.

Repeal

2 The Service Dogs Qualifications Regulation (AR 197/2008) is

repealed.

Coming into force

Section 1(1)(b), (2), (3) and (4) come into force on August 1, 2017.

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

Alberta Regulation 60/2017

Forest and Prairie Protection Act

FOREST AND PRAIRIE PROTECTION REGULATION

Filed: March 30, 2017

For information only: Made by the Lieutenant Governor in Council (O.C. 114/2017)

on March 29, 2017 pursuant to

section 41 of the Forest and Prairie Protection Act.

Table of Contents

1 Definition

General

2 Form of fire permit

3 Duties of the holder of a fire permit

4 Travel in land closed to public entry

5 Exemptions from firefighting or clean-up operations

Fire Prevention - General

6 Fires for cooking or warming purposes

7 Disposal of refuse on public land

8 Firearms, fireworks and exploding targets

9 Flare devices on public land

10 Engines in forest protection area

Fire Prevention - Industrial Operations

11 Industrial operations in or near forest protection area

12 Burning in forest protection area outside the fire season

13 Flare pits and flare tanks

14 Flaring gas

15 Pipelines endangered by fire

16 Incinerators

Administrative Penalties

17 Notice of administrative penalty

18 Penalty assessment

19 Payment of penalty

Repeal and Consequential Amendments

20 Repeal

21 Consequential amendments

Schedule

Definition

1 In this Regulation, "fire permit" means a fire permit issued under

section 19 of the Act.

General

Form of fire permit

2 A fire permit must be in the form approved by the Minister.

Duties of the holder of a fire permit

3 The holder of a fire permit who lights a fire under authority of the

permit shall

(

a) keep the fire under control at all times,

(

b) unless otherwise authorized by a forest officer or fire

guardian, ensure a responsible person is in attendance at the

site of the fire to supervise the fire until it has been

extinguished,

(

c) keep the fire permit at the site of the fire,

(

d) show the fire permit to a forest officer or fire guardian

immediately on request, and

(

e) extinguish the fire when the earliest of the following occurs:

(

i) the holder of the permit is ordered to extinguish the fire

under the Act;

(ii) the permit expires;

(iii) the permit is cancelled or suspended.

Travel in land closed to public entry

4(1) Notwithstanding

section 14(3) of the Act, a person who is a bona

fide resident of land closed to public entry may travel to and from that

person's home by the most direct route without obtaining a permit or

the written permission of a forest officer.

(2) A person who has obtained written permission or a permit to enter

land closed to public entry in accordance with

section 14(3) of the Act

shall travel by the most direct route to and from that person's

destination and shall show the permit or written permission to a forest

officer upon the officer's request.

Exemptions from firefighting or clean-up operations

5 The following persons are exempt from being required to assist in

fighting a fire or a clean-up operation under sections 13 and 30(

a) of

the Act:

(

a) a person for whom assisting in fighting a fire or a clean-up

operation will cause hardship in respect of the person's

health or livelihood or in respect of any legal obligations the

person may have to others;

(

b) a person who suffers from a physical, mental or other

infirmity that is incompatible with assisting in fighting a fire

or clean-up operations;

(

c) a person whose assistance in fighting a fire or clean-up

operations would be contrary to the public interest by reason

of that person's performance of essential services of public

importance that cannot reasonably be rescheduled or

performed by another during that person's absence.

Fire Prevention - General

Fires for cooking or warming purposes

6(1) A person who lights an outdoor fire for cooking or warming

purposes shall

(

a) light the fire on flat rock, gravel, sand, bare mineral soil, or

another non-combustible surface that extends at least one

metre around the fire,

(

b) ensure a responsible person is in attendance at the site of the

fire to supervise the fire until it has been extinguished, and

(

c) have at the site a sufficient supply of water to extinguish the

fire.

(2) A person who uses an outdoor fire for cooking and warming

purposes shall

(

a) keep the fire under control at all times, and

(

b) extinguish the fire before leaving the site of the fire, unless

there is another person continuing to use the fire.

Disposal of refuse on public land

7 A person shall not discard refuse that could reasonably be expected

to create a fire hazard on public land in an area or facility that is not

designated for the disposal of refuse.

Firearms, fireworks and exploding targets

8(1) In this section, "exploding target" includes an incendiary target,

binary target and any container holding explosive substances.

(2) No person shall do the following in a forest protection area, unless

that person has the written permission of a forest officer:

(

a) discharge a firearm using tracer ammunition;

(

b) discharge a firearm using incendiary ammunition;

(

c) discharge or ignite fireworks;

(

d) shoot, ignite or detonate an exploding target;

(

e) handle or store fireworks or exploding targets in a manner

that may cause them to be discharged or ignited.

(3) A person who discharges a firearm, discharges or ignites fireworks

or shoots, ignites or detonates an exploding target shall immediately

extinguish all burning residue from the firearm, fireworks or exploding

target.

Flare devices on public land

9(1) Subject to subsection (2), a person shall not ignite a flare device,

or handle or store a flare device in a manner that may cause it to ignite,

on public land.

(2) In the event of an emergency, a person may ignite a flare device on

public land.

(3) A person who ignites a flare device shall immediately extinguish

all burning residue from the flare device.

Engines in forest protection area

10(1) No person shall operate an engine in a forest protection area

unless the engine is equipped with one of the following in working

order:

(

a) a device for arresting sparks, or

(

b) a muffler.

(2) No person shall allow a running or hot engine to come into contact

with combustible material.

Fire Prevention - Industrial Operations

Industrial operations in or near forest protection area

11 An owner or operator of an industrial operation or industrial camp

located in or within one kilometre of a forest protection area shall,

unless otherwise authorized by a forest officer,

(

a) keep the area in which the industrial operation or industrial

camp is located clear of all timber, vegetation and

combustible material,

(

b) maintain a cleared distance of not less than 30 metres

between the industrial operation or industrial camp and the

closest standing timber, and

(

c) maintain a clear, bare mineral soil surface extending at least

8 metres around any burner, pit or other source of fire.

Burning in forest protection area outside the fire season

12(1) An owner or operator of an industrial operation or industrial

camp located in a forest protection area at which burning of debris is

carried on outside the fire season shall ensure that the operation or

camp is patrolled daily for fire in accordance with subsection (2).

(2) The patrol referred to in subsection (1) must commence at least

one week before operations cease at the site and end no earlier than the

first day of June.

(3) A forest officer may, in writing, vary the frequency and period of

the patrol provided for by subsection (2).

Flare pits and flare tanks

13 No person shall burn any material or substance produced from an

oil or gas well in a flare pit or flare tank unless

(

a) an area extending at least 30 metres around the flare pit or

flare tank is clear of all debris and combustible material,

unless otherwise specified by a forest officer,

(

b) there is a clear, bare mineral soil surface extending at least 8

metres around the flare pit or flare tank,

(

c) the flare pit or flare tank is constructed so that burning debris

cannot escape from the flare pit or flare tank at any time, and

(

d) the discharge tip of the flare line is directed into the flare pit

or flare tank at an angle of not less than 30 degrees below

horizontal.

Flaring gas

14 No person shall flare gas at the end of a vertical pipe unless the

base of the vertical pipe is located at least 30 metres, or such other

distance as may be specified by a forest officer, from any timber,

vegetation or combustible material.

Pipelines endangered by fire

15(1) In this section,

(a) "installation" means an installation as defined in the Pipeline

Act;

(b) "licensee" means a licensee as defined in the Pipeline Act

and includes any agent of the licensee approved under

section 19 of the Pipeline Act;

(c) "pipeline" means a pipeline as defined in the Pipeline Act,

but does not include a pipe used to convey water.

(2) The licensee of a pipeline or an installation that is endangered by a

fire shall, as soon as the licensee knows or ought to know of the fire,

unless otherwise approved by the Minister,

(

a) immediately shut off every well supplying the pipeline,

(

b) immediately depressurize every pipeline located within one

kilometre of the fire, and

(

c) notify the Minister in writing when the licensee has complied

with the requirements of clauses (

a) and (b).

(3) A licensee who is required to comply with subsection (2) shall not

repressurize the pipeline until the licensee is notified in writing by the

Minister that the licensee may do so.

Incinerators

16 No person shall operate an incinerator in a forest protection area

unless

(

a) the incinerator meets the following specifications:

(

i) the incinerator must be fully enclosed and constructed

entirely of material that is not combustible;

(ii) the draft and smoke vents of the incinerator must be

covered with a heavy gauge metal screen with mesh

openings not greater than 6 square millimetres,

and

(

b) the incinerator is

(

i) located on an area of bare rock, gravel, sand, bare

mineral soil, concrete or other non-combustible surface

extending at least 3 metres around the base of the

incinerator; and

(ii) located at least 30 metres from any timber, vegetation or

combustible material.

Administrative Penalties

Notice of administrative penalty

17(1) A notice of administrative penalty referred to in

section 37.5 of

the Act may be given in respect of the following:

(

a) a failure to comply with a term or condition of a fire permit;

(

b) a failure to comply with an order under

section 26(1) or 26.2

of the Act;

(

c) a contravention of a provision of the Act or a regulation

made under the Act as set out in the Schedule.

(2) A notice of administrative penalty must be given in writing and

must contain the following information:

(

a) the name of the person required to pay the administrative

penalty;

(

b) particulars of the contravention;

(

c) the amount of the administrative penalty and the date by

which it must be paid.

Penalty assessment

18 Subject to

section 37.5(3) of the Act, the director may determine

the amount of an administrative penalty by considering the following

factors:

(

a) the severity of the contravention;

(

b) any adverse effects caused by the contravention;

(

c) the degree of wilfulness or negligence in the contravention;

(

d) whether there was any mitigation relating to the

contravention;

(

e) whether steps have been taken to prevent reoccurrence of the

contravention;

(

f) whether the person who receives the notice of administrative

penalty has a history of non-compliance;

(

g) whether the person who receives the notice of administrative

penalty has derived any economic benefit from the

contravention;

(

h) any other factors that, in the opinion of the director, are

relevant.

Payment of penalty

19 A person who is served with a notice of administrative penalty

shall pay the amount of the penalty within 30 days of the date of

service of the notice.

Repeal and Consequential Amendments

Repeal

20 The Forest and Prairie Protection Regulations,

Part I

(AR 135/72) are repealed.

Consequential amendments

21 The Timber Management Regulation (AR 60/73) is

amended

(

a) in

section 100(1)(

g) by striking out "The Forest and

Prairie Protection Regulations,

Part II" and substituting

"the Forest and Prairie Protection (Ministerial) Regulation";

(

b) in

section 142.8(

c) by striking out "The Forest and

Prairie Protection Regulations,

Part II (Alta. Reg. 310/72)"

and substituting "the Forest and Prairie Protection

(Ministerial) Regulation";

(

c) in

section 148 by striking out "lying south of an

imaginary line described in Appendix "A" of the Forest and

Prairie Protection Regulations

Part II".

Schedule

Provisions in Respect of Which an

Administrative Penalty is Payable

An administrative penalty is payable in respect of a contravention of

any of the following:

Forest and Prairie

Protection Act

Forest and Prairie

Protection Regulation

Forest and Prairie Protection

(Ministerial) Regulation

11(3)(a)

2(1)

14(3)(

a) and (b)

4(2)

2(2)

6(1) and (2)

18(1), (2) and (3)

8(2) and (3)

9(1) and (3)

6(1) and (2)

21(3)

10(1) and (2)

23(1)

9(2)

11(1) and (4)

26.1

15(2) and (3)

31.3(2)

32(2.2)

Alberta Regulation 61/2017

Judicature Act

JUSTICES OF THE PEACE 2017 COMPENSATION

COMMISSION REGULATION

Filed: March 30, 2017

For information only: Made by the Lieutenant Governor in Council (O.C. 117/2017)

on March 29, 2017 pursuant to

section 42 of the Judicature Act.

Table of Contents

Definitions

2 Establishment of 2017 Commission

3 Composition, etc., of Commission

4 Role of Commission

5 Commission expenses

6 Presentation of report to Minister and Society

7 Amendment of report

8 Lieutenant Governor in Council's decision on the report

9 Effect of recommendations on Crown

10 Public notice of inquiry

11 Pre-inquiry meeting

12 Inquiry procedure

13 Criteria for recommendations

14 Voluntary meetings

15 Provision of order in council and legislation to justices

16 Confidentiality of the report

17 Society's costs of making submissions

18 Judicial review

19 Service of notices

20 Expiry

21 Commencement

Definitions

1 In this Regulation,

(a) "Commission" means the 2017 Alberta Justices of the Peace

Compensation Commission established by

section 2 and

"commissioner" means a member of the Commission;

(b) "compensation" means remuneration and benefits;

(c) "inquiry" means the inquiry referred to in

section 4(1);

(d) "justices" means persons appointed (including reappointed)

as justices of the peace under the Justice of the Peace Act and

whose appointments are designated as full-time or part-time

or are on an ad hoc basis;

(e) "reasons" means written explanations that meet the

justification standard under the Constitution of Canada used

to evaluate decisions of a government to depart from a

recommendation of an independent body regarding judicial

compensation;

(f) "recommendations" means the recommendations referred to

section 4(2);

(g) "Society" means The Society of the Justices of the Peace in

Alberta;

(h) "the Minister" means the Minister of Justice and Solicitor

General;

(i) "the report" means the report of the Commission presented or

to be presented under

section 6 except that, if an amended

report is or is to be presented under

section 7(2), it means

that amended report.

Establishment of 2017 Commission

2 The 2017 Alberta Justices of the Peace Compensation Commission

is established.

Composition, etc., of Commission

3(1) The Commission is to consist of

(

a) one commissioner appointed by the Minister,

(

b) one commissioner appointed by the Minister on the

nomination of the Society, and

(

c) one commissioner appointed by the Minister on the

nomination of the commissioners appointed under clauses (

a) and (b).

(2) The commissioner appointed under subsection (1)(

c) is to be the

chair of the Commission.

(3) If a commissioner dies, resigns or is unable or unwilling to

discharge his or her responsibilities, the Minister shall appoint a

replacement, which appointment, in the case of subsection (1)(

b) or

(c), is to be made only after receiving the applicable nomination.

(4) Subject to subsection (5),

(

a) active judges,

(

b) justices,

(

c) members of the Legislative Assembly,

(

d) members of boards, commissions and other bodies appointed

by the Lieutenant Governor in Council or by any minister of

the Crown,

(

e) other persons who hold office by way of an appointment by

the Lieutenant Governor in Council or by a minister, and

(

f) employees within the meaning of the Public Service Act

may not be commissioners.

(5) A person referred to in subsection (4)(d), (

e) or (

f) may be the

commissioner referred to in

(a) subsection (1)(

b) or (c), or

(b) subsection (1)(

a) if the Society approves the appointment in

writing.

Role of Commission

4(1) The Commission shall conduct an inquiry respecting the

appropriate level of compensation for justices with a view to preparing

the report.

(2) The Commission shall, in the report, make recommendations

respecting the compensation of the justices for the period April 1, 2017

to March 31, 2021, the effective date of the recommendations, unless

otherwise stated, being April 1, 2017.

(3) The Commission shall determine issues relating to compensation

of justices independently, effectively and objectively.

(4) The Commission shall contribute to maintaining and enhancing the

independence of the justices through the inquiry process and the report.

Commission expenses

5(1) The Crown shall pay the Commission all reasonable expenses

incurred by the Commission in conducting the inquiry and preparing a

report under this Regulation.

(2) A commissioner is entitled to compensation and reimbursement

for expenses as determined by the Minister.

Presentation of report to Minister and Society

6 The Commission shall present its report or its initial report,

containing its recommendations, to the Minister and the Society on the

date determined by the Minister and previously notified to the

Commission.

Amendment of report

7(1) The Commission may amend a report presented under

section 6

after reviewing any submissions made by the Minister and the Society

(

a) the Commission is satisfied that that report

(

i) failed to deal with an issue raised during the inquiry, or

(ii) contains an obvious error,

and

(

b) the Minister or the Society requests that the Commission

amend that report within 30 days after receiving that report

under

section 6.

(2) Within 30 days after receiving a request under subsection (1)(b),

the Commission shall either present an amended report to the Minister

and the Society or inform them that there will be no amended report.

(3) An amended report under subsection (2) may differ from the report

presented under

section 6 only so far as is necessary to deal with the

matters referred to in subsection (1)(a).

(4) Nothing requires the Minister or the Society to make a request

under subsection (1)(b).

Lieutenant Governor in Council's decision on the report

8(1) On receiving the report, the Minister shall present it to the

Lieutenant Governor in Council in adequate time for subsection (2) to

be met.

(2) Within 120 days after the presentation of the report under

section 6

or, where that report is amended under

section 7, that amended report,

the Lieutenant Governor in Council shall make an order containing the

decisions on the recommendations made by the Commission and, if

any of those recommendations are not accepted, provide reasons for

the non-acceptance.

Effect of recommendations on Crown

9(1) Subject to subsection (2), a recommendation made by the

Commission is binding on the Crown.

(2) A recommendation made by the Commission is not binding on the

Crown if or to the extent that

(

a) it is not accepted, with reasons given, by the Lieutenant

Governor in Council, and

(

b) the Minister provides a copy of the order in council

containing the non-acceptance and reasons to the Society

within 14 days after the making of the order.

Public notice of inquiry

10 The Commission shall give such public notice as it considers

necessary of the commencement of its inquiry and of the closing date

for written submissions.

Pre-inquiry meeting

11 At the earliest reasonable opportunity before the commencement

of the inquiry, the Minister and the Society shall meet with the

Commission to address any preliminary matters that may arise and any

other matters that the Commission considers advisable.

Inquiry procedure

12(1) Subject to this section, the Commission may determine its own

inquiry procedure.

(2) Section 17(2)(

a) and (

c) of the

Interpretation Act do not apply.

(3) The full membership of 3 commissioners provided for in

section

3(1) constitutes the quorum at a meeting of the Commission.

(4) The Minister and the Society shall make every endeavour to arrive

at an agreed statement of facts and an agreed list of exhibits to be filed

and, to the extent that they have been able to agree them, shall provide

them to the Commission.

(5) The Commission may record any inquiry proceedings and, if it

does, shall provide transcripts to those who request them and pay the

fee required by the Commission.

(6) The Commission may accept such evidence as is relevant to the

determination of the issues and is not required to adhere to the rules of

evidence applicable to courts of civil or criminal jurisdiction.

(7) Any member of the public is entitled to attend the inquiry

proceedings and, subject to

section 10, to make written submissions to

the Commission.

(8) The Commission may

(

a) grant leave to any member of the public to make oral

submissions, or

(

b) notwithstanding

section 10, limit to written submissions any

submission from an individual justice,

after hearing submissions made by the Minister and the Society on

whether or not to do so.

(9) The Commission may require the attendance of any person who

has filed written submissions and may require that person to respond to

any questions from either the Minister or the Society, or both, as well

as from the Commission, and if the person fails to appear or to respond

to any of those questions, the Commission may ignore those written

submissions.

(10) The Commission may, on application, direct the Minister or the

Society, or both, to produce any documents that are not subject to

privilege.

(11) The testimony of witnesses must be under oath or affirmation.

(12) The Commission may not award costs for written submissions

but may award the reasonable travel, accommodation and meal

expenses of anyone required by the Commission to attend.

(13) Any person requesting copies of any written submissions to the

Commission is entitled to receive a copy of the submissions on

payment of such reasonable fee as the Commission decides.

(14) The recommendations must be based solely on the evidence

submitted to the Commission.

(15) If the Commission makes any recommendation by a simple

majority on any matter, the commissioner in the minority may make a

minority recommendation on that matter.

Criteria for recommendations

13 The Commission, in making the recommendations, shall consider

the following criteria:

(

a) the constitutional law of Canada;

(

b) the need to maintain the independence of the justices;

(

c) the unique nature of the role of justices;

(

d) the need to attract qualified applicants;

(

e) the compensation other justices of the peace in Canada

receive;

(

f) increases and decreases, as applicable, in the Alberta real

primary household income per capita;

(

g) the need to provide fair and reasonable compensation for

justices in light of prevailing economic conditions in Alberta

and the overall state of the economy, including the financial

position of the Government;

(

h) the Alberta cost of living index and the position of the

justices relative to its increases or decreases, or both;

(

i) the nature of the jurisdiction of justices;

(

j) the level of increases or decreases, or both, provided to other

programs and persons funded by the Government;

(

k) any other factors considered by the Commission to be

relevant to the matters in issue.

Voluntary meetings

14 The Minister and the Society may meet at any time to discuss

improvements to the Commission inquiry process.

Provision of order in council and legislation to justices

15(1) The Society shall, forthwith after receiving the copy of the

order made under

section 8(2) provide a copy of it to the justices.

(2) The Minister shall, as soon as practicable, provide the Society with

a copy of any legislation implementing the report and the order

referred to in subsection (1) and the Society shall provide the justices

with copies of the legislation forthwith after receiving it.

Confidentiality of the report

16 Subject to sections 6, 7(2) and 8(1), every person having access to

the report or any proposed recommendations in it shall not disclose it

or them to any other person, unless pursuant to an order of a court,

until the order in council referred to in

section 8(2) has been made.

Society's costs of making submissions

17(1) The Crown shall pay the reasonable costs incurred by the

Society in making its submissions to the Commission in an amount not

exceeding the amount set by order of the Minister, which order must

be made within a reasonable period of time before the date set by the

Commission for the commencement of its inquiry hearings.

(2) If the Minister does not agree with the costs incurred by the

Society for the purposes of subsection (1), including lawyers' charges

and other costs of the proceedings before the Commission, then, on the

Minister's application, the reasonableness of those costs may be

reviewed by a review officer, in which case Rule 10.46 (including the

right of appeal under Rule 10.46(4)) of the Alberta Rules of Court

(AR 124/2010) applies.

Judicial review

18(1) If

(

a) the Lieutenant Governor in Council decides, with reasons,

not to accept any of the recommendations in whole or in part,

(

b) the Society or any justice brings an application for judicial

review of that decision, and

(

c) that application is successful,

the Court may not make the report binding on the Crown but may refer

the report to the Lieutenant Governor in Council or to the Commission

for a reconsideration.

(2) If the Court makes the reference under subsection (1), the

Lieutenant Governor in Council or the Commission, as the case may

be, has 120 days from the day that the application was granted to

reconsider the recommendations in accordance with the directions, if

any, of the Court.

Service of notices

19(1) A notice that is required by this Regulation to be given to the

Minister must be given

(

a) by leaving a written copy of the notice at the legislative

office of the Minister, or

(

b) by service on counsel as provided for in the Alberta Rules of

Court (AR 124/2010), if the Minister has given notice in

writing of the appointment of counsel.

(2) A notice that is required by this Regulation to be given to the

Society must be given

(

a) by leaving a written copy of the notice at its registered office,

(

b) by service on its counsel as provided for in the Alberta Rules

of Court (AR 124/2010), if the Society has given notice in

writing of the appointment of its counsel.

(3) Notwithstanding anything in this section, a document may be

served, for the purposes of this Regulation, in accordance with any

manner agreed in writing by the Minister and the Society with respect

to such a document.

Expiry

20 This Regulation expires on March 31, 2023.

Commencement

21 This Regulation comes into force on April 1, 2017.

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

Alberta Regulation 62/2017

Judicature Act

PROVINCIAL JUDGES AND MASTERS IN CHAMBERS 2017

COMPENSATION COMMISSION REGULATION

Filed: March 30, 2017

For information only: Made by the Lieutenant Governor in Council (O.C. 118/2017)

on March 29, 2017 pursuant to

section 42 of the Judicature Act.

Table of Contents

Definitions

2 Establishment of 2017 Commission

3 Composition, etc., of Commission

4 Role of Commission

5 Commission expenses

6 Presentation of report to Minister and Association

7 Amendment of report

8 Lieutenant Governor in Council's decision on the report

9 Effect of recommendations on Crown

10 Public notice of inquiry

11 Pre-inquiry meeting

12 Inquiry procedure

13 Criteria for recommendations

14 Voluntary meetings

15 Provision of order in council and legislation to judges

16 Confidentiality of the report

17 Association's costs of making submissions

18 Judicial review

19 Service of notices

20 Expiry

21 Commencement

Definitions

1 In this Regulation,

(a) "Association" means the Alberta Provincial Judges'

Association;

(b) "Commission" means the 2017 Alberta Judicial

Compensation Commission established by

section 2 and

"commissioner" means a member of the Commission;

(c) "compensation" means the salary, pension, including the

contributions of the Government of Alberta and judges,

benefits and allowances provided to the judges;

(d) "inquiry" means the inquiry referred to in

section 4(1);

(e) "judges" means, except in

section 13(e), the judges of the

Provincial Court and the masters in chambers holding office

under the Court of Queen's Bench Act;

(f) "reasons" means written explanations that meet the

justification standard under the Constitution of Canada used

to evaluate decisions of a government to depart from a

recommendation of an independent body regarding judicial

compensation;

(g) "recommendations" means the recommendations referred to

section 4(2);

(h) "the Minister" means the Minister of Justice and Solicitor

General;

(i) "the report" means the report of the Commission presented or

to be presented under

section 6 except that, if an amended

report is or is to be presented under

section 7(2), it means

that amended report.

Establishment of 2017 Commission

2 The 2017 Alberta Judicial Compensation Commission is

established.

Composition, etc., of Commission

3(1) The Commission is to consist of

(

a) one commissioner appointed by the Minister,

(

b) one commissioner appointed by the Minister on the

nomination of the Association, and

(

c) one commissioner appointed by the Minister on the

nomination of the commissioners appointed under clauses (

a) and (b).

(2) The commissioner appointed under subsection (1)(

c) is to be the

chair of the Commission.

(3) If a commissioner dies, resigns or is unable or unwilling to

discharge his or her responsibilities, the Minister shall appoint a

replacement, which appointment, in the case of subsection (1)(

b) or

(c), is to be made only after receiving the applicable nomination.

(4) Subject to subsection (5),

(

a) active judges,

(

b) justices of the peace,

(

c) members of the Legislative Assembly,

(

d) members of boards, commissions and other bodies appointed

by the Lieutenant Governor in Council or by any minister of

the Crown,

(

e) other persons who hold office by way of an appointment by

the Lieutenant Governor in Council or by a minister of the

Crown, and

(

f) employees within the meaning of the Public Service Act

may not be commissioners.

(5) A person referred to in subsection (4)(d), (

e) or (

f) may be the

commissioner referred to in

(a) subsection (1)(

b) or (c), or

(b) subsection (1)(

a) if the Association approves the appointment

in writing.

Role of Commission

4(1) The Commission shall conduct an inquiry respecting the

appropriate level of compensation with a view to preparing the report,

including

(

a) the appropriate level of salary for judges sitting full or part-

time or on a supernumerary basis,

(

b) the appropriate design and level of judges' pension benefits

of all kinds,

(

c) the appropriate level and kinds of benefits and allowances of

judges, and

(

d) any other issues relevant to the financial security of the

judges that the Commission agrees to resolve.

(2) The Commission shall, in the report, make recommendations

respecting compensation for the period April 1, 2017 to March 31,

2021, the effective date of the recommendations, unless otherwise

stated, being April 1, 2017.

(3) The Commission shall determine issues relating to compensation

independently, effectively and objectively.

(4) The Commission shall contribute to maintaining and enhancing the

independence of the Provincial Court and the judges through the

inquiry process and the report.

Commission expenses

5(1) The Crown shall pay the Commission all reasonable expenses

incurred by the Commission in conducting the inquiry and preparing a

report under this Regulation.

(2) A commissioner is entitled to remuneration and reimbursement for

expenses as determined by the Minister.

Presentation of report to Minister and Association

6 The Commission shall present its report or its initial report,

containing its recommendations, to the Minister and the Association on

the date determined by the Minister and previously notified to the

Commission.

Amendment of report

7(1) The Commission may amend a report presented under

section 6

after reviewing any submissions made by the Minister and the

Association if

(

a) the Commission is satisfied that that report

(

i) failed to deal with an issue raised during the inquiry, or

(ii) contains an obvious error,

and

(

b) the Minister or the Association requests that the Commission

amend that report within 30 days after receiving that report

under

section 6.

(2) Within 30 days after receiving a request under subsection (1)(b),

the Commission shall either present an amended report to the Minister

and the Association or inform them that there will be no amended

report.

(3) An amended report under subsection (2) may differ from the report

presented under

section 6 only so far as is necessary to deal with the

matters referred to in subsection (1)(a).

(4) Nothing requires the Minister or the Association to make a request

under subsection (1)(b).

Lieutenant Governor in Council's decision on the report

8(1) On receiving the report, the Minister shall present it to the

Lieutenant Governor in Council in adequate time for subsection (2) to

be met.

(2) Within 120 days after the presentation of the report under

section 6

or, where that report is amended under

section 7, that amended report,

the Lieutenant Governor in Council shall make an order containing the

decisions on the recommendations made by the Commission and, if

any of those recommendations are not accepted, providing reasons for

the non-acceptance.

Effect of recommendations on Crown

9(1) Subject to subsection (2), a recommendation made by the

Commission is binding on the Crown.

(2) A recommendation made by the Commission is not binding on the

Crown if or to the extent that

(

a) it is not accepted, with reasons given, by the Lieutenant

Governor in Council, and

(

b) the Minister provides a copy of the order in council

containing the non-acceptance and reasons to the Association

within 14 days after the making of the order.

Public notice of inquiry

10 The Commission shall give such public notice as it considers

necessary of the commencement of its inquiry and of the closing date

for written submissions.

Pre-inquiry meeting

11 At the earliest reasonable opportunity before the commencement

of the inquiry, the Minister and the Association shall meet with the

Commission to address any preliminary matters that may arise and any

other matters that the Commission considers advisable.

Inquiry procedure

12(1) Subject to this section, the Commission may determine its own

inquiry procedure.

(2) Section 17(2)(

a) and (

c) of the

Interpretation Act do not apply.

(3) The full membership of 3 commissioners provided for in

section

3(1) constitutes the quorum at a meeting of the Commission.

(4) The Minister and the Association shall make every endeavour to

arrive at an agreed statement of facts and an agreed list of exhibits to

be filed and, to the extent that they have been able to agree them, shall

provide them to the Commission.

(5) The Commission may record any inquiry proceedings and, if it

does, shall provide transcripts to those who request them and pay the

fee required by the Commission.

(6) The Commission may accept such evidence as is relevant to the

determination of the issues and is not required to adhere to the rules of

evidence applicable to courts of civil or criminal jurisdiction.

(7) Any member of the public is entitled to attend the inquiry

proceedings and, subject to

section 10, to make written submissions to

the Commission.

(8) The Commission may

(

a) grant leave to any member of the public to make oral

submissions, or

(

b) notwithstanding

section 10, limit to written submissions any

submission from an individual judge,

after hearing submissions made by the Minister and the Association on

whether or not to do so.

(9) The Commission may require the attendance of any person who

has filed written submissions and may require that person to respond to

any questions from either the Minister or the Association, or both, as

well as from the Commission, and if the person fails to appear or to

respond to any of those questions, the Commission may ignore those

written submissions.

(10) The Commission may, on application, direct the Minister or the

Association, or both, to produce any documents that are not subject to

privilege.

(11) The testimony of witnesses must be under oath or affirmation.

(12) The Commission may not award costs for written submissions

but may award the reasonable travel, accommodation and meal

expenses of anyone required by the Commission to attend.

(13) Any person requesting copies of any written submissions to the

Commission is entitled to receive a copy of the submissions on

payment of such reasonable fee as the Commission decides.

(14) The recommendations must be based solely on the evidence

submitted to the Commission.

(15) If the Commission makes any recommendation by a simple

majority on any matter, the commissioner in the minority may make a

minority recommendation on that matter.

Criteria for recommendations

13 The Commission, in making the recommendations, shall consider

the following criteria:

(

a) the constitutional law of Canada;

(

b) the need to maintain the independence of the judges and the

Provincial Court;

(

c) the unique nature of the role of judges;

(

d) in the case of Provincial Court judges, the need to maintain a

strong Provincial Court by attracting highly qualified

applicants;

(

e) the remuneration and benefits other judges in Canada

receive;

(

f) increases and decreases, as applicable, in the Alberta real

primary household income per capita;

(

g) the need to provide fair and reasonable compensation in light

of prevailing economic conditions in Alberta and the overall

state of the economy, including the financial position of the

Government;

(

h) the Alberta cost of living index and the position of the judges

relative to its increases or decreases, or both;

(

i) the nature of the jurisdiction of judges;

(

j) the level of increases or decreases, or both, provided to other

programs and persons funded by the Government;

(

k) any other factors considered by the Commission to be

relevant to the matters in issue.

Voluntary meetings

14 The Minister and the Association may meet at any time to discuss

improvements to the Commission inquiry process.

Provision of order in council and legislation to judges

15(1) The Association shall, forthwith after receiving the copy of the

order made under

section 8(2) provide a copy of it to the judges.

(2) The Minister shall, as soon as practicable, provide the Association

with a copy of any legislation implementing the report and the order

referred to in subsection (1) and the Association shall provide the

judges with copies of the legislation forthwith after receiving it.

Confidentiality of the report

16 Subject to sections 6, 7(2) and 8(1), every person having access to

the report or any proposed recommendations in it shall not disclose it

or them to any other person, unless pursuant to an order of a court,

until the order in council referred to in

section 8(2) has been made.

Association's costs of making submissions

17(1) The Crown shall pay the reasonable costs incurred by the

Association in making its submissions to the Commission in an

amount not exceeding the amount set by order of the Minister, which

order must be made within a reasonable period of time before the date

set by the Commission for the commencement of its inquiry hearings.

(2) If the Minister does not agree with the costs incurred by the

Association for the purposes of subsection (1), including lawyers'

charges and other costs of the proceedings before the Commission,

then, on the Minister's application, the reasonableness of those costs

may be reviewed by a review officer, in which case Rule 10.46

(including the right of appeal under Rule 10.46(4)) of the Alberta

Rules of Court (AR 124/2010) applies.

Judicial review

18(1) If

(

a) the Lieutenant Governor in Council decides, with reasons,

not to accept any of the recommendations in whole or in part,

(

b) the Association or any judge brings an application for

judicial review of that decision, and

(

c) that application is successful,

the Court may not make the report binding on the Crown but may refer

the report to the Lieutenant Governor in Council or to the Commission

for a reconsideration.

(2) If the Court makes the reference under subsection (1), the

Lieutenant Governor in Council or the Commission, as the case may

be, has 120 days from the day that the application was granted to

reconsider the recommendations in accordance with the directions, if

any, of the Court.

Service of notices

19(1) A notice that is required by this Regulation to be given to the

Minister must be given

(

a) by leaving a written copy of the notice at the legislative

office of the Minister, or

(

b) by service on counsel as provided for in the Alberta Rules of

Court (AR 124/2010), if the Minister has given notice in

writing of the appointment of counsel.

(2) A notice that is required by this Regulation to be given to the

Association must be given

(

a) by leaving a written copy of the notice at its registered office,

(

b) by service on its counsel as provided for in the Alberta Rules

of Court (AR 124/2010), if the Association has given notice

in writing of the appointment of its counsel.

(3) Notwithstanding anything in this section, a document may be

served, for the purposes of this Regulation, in accordance with any

manner agreed in writing by the Minister and the Association with

respect to such a document.

Expiry

20 This Regulation expires on March 31, 2023.

Commencement

21 This Regulation comes into force on April 1, 2017.

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

Alberta Regulation 63/2017

Provincial Offences Procedure Act

PROCEDURES REGULATION

Filed: March 30, 2017

For information only: Made by the Lieutenant Governor in Council (O.C. 119/2017)

on March 29, 2017 pursuant to

section 42 of the Provincial Offences Procedure Act.

Table of Contents

Definitions

2 Violation tickets

Part 2,

Part 3 proceedings

4 Public interest

5 Specified penalty

6 Identification of offence

7 Late payment charge

8 Revenue offset

9 Ex parte trial payment time

10 Appearance date

11 Delivery of offence notice

12 Criminal Code provisions

13 Violation ticket

14 Electronic violation tickets under

Part 2

15 Electronic violation tickets under

Part 3

16 Endorsement of electronic violation tickets

17 Repeal

18 Coming into force

Schedule

Definitions

1 In this Regulation,

(a) "Act" means the Provincial Offences Procedure Act;

(b) "electronic violation ticket" means a violation ticket that is in

the form of an electronic document;

(c) "JOIN" means the Justice Online Information Network

administered by the Minister of Justice and Solicitor General;

(d) "Minister" means the Minister of Justice and Solicitor

General;

(e) "motor vehicle" means a motor vehicle as defined in the

Traffic Safety Act;

(f) "municipal bylaw" means a bylaw of a municipality or a

Metis settlement.

Violation tickets

2 A violation ticket may be used in respect of an offence under the

following enactments:

(

a) Blind Persons' Rights Act;

(

b) Dangerous Goods Transportation and Handling Act;

(

c) Fisheries (Alberta) Act;

(

d) Forest and Prairie Protection Act;

(

e) Forests Act;

(

f) Fuel Tax Act;

(

g) Gaming and Liquor Act;

(

h) Insurance Act,

Part 7;

(

i) Livestock Identification and Commerce Act;

(

j) Livestock and Livestock Products Act;

(

k) Occupational Health and Safety Act;

(

l) Petty Trespass Act;

(

m) Provincial Parks Act;

(

n) Residential Tenancies Act;

(

o) School Act,

section 27(1);

(

p) Security Services and Investigators Act;

(

q) Service Dogs Act;

(

r) Stray Animals Act;

(

s) Tobacco and Smoking Reduction Act;

(

t) Tobacco Tax Act;

(

u) Traffic Safety Act;

(

v) Trespass to Premises Act;

(

w) Wildlife Act;

(

x) any Regulation or orders made under any one or more of the

Acts referred to in clauses (

a) to (v);

(

y) a provision of

(

i) the Environmental Protection and Enhancement Act, or

(ii) a regulation made under that Act

for which a specified penalty is set out in the Schedule;

(

z) the Public Lands Administration Regulation (AR 187/2011)

for which a specified penalty is set out in the Schedule;

(aa) the Recreational Access Regulation (AR 228/2003) for which

a specified penalty is set out in the Schedule;

(bb) any regulation made under

Schedule 11 to the Government

Organization Act;

(cc) any municipal bylaw.

Part 2,

Part 3 proceedings

3(1) Where a violation ticket is used, proceedings must be

commenced under

Part 2 of the Act in respect of an offence that

(

a) has no specified penalty, or

(

b) has a specified penalty of more than $1000, excluding any

applicable surcharge.

(2) Subject to

section 22(3) of the Act, proceedings must be

commenced under

Part 3 of the Act in respect of an offence that has a

specified penalty of $1000 or less, excluding any applicable surcharge.

(3) If a person is issued a violation ticket in respect of an offence

referred to in subsection (1)(b), that person may make a voluntary

payment in accordance with the Act.

Public interest

4(1) In determining whether to issue a summons in the public interest

under

section 22(3) or 27(3) of the Act, a peace officer must consider

the following factors:

(

a) the seriousness of the nature or consequences of the offence;

(

b) the number of previous convictions and outstanding fines

levied against the defendant;

(

c) the number of outstanding proceedings commenced against

the defendant under either

Part 2 or

Part 3 of the Act;

(

d) whether the defendant's operator's licence is an out-of-

province operator's licence.

(2) Subject to subsection (3), a peace officer shall, if the peace officer

determines it is in the public interest, issue a summons respecting any

offence for which a voluntary payment may be made requiring the

defendant to appear before a justice on the initial appearance date

without the alternative of making a voluntary payment.

(3) Notwithstanding subsection (2), where the defendant has an out-

of-province operator's licence, a peace officer may issue a summons

that

(

a) gives the defendant the option of making a voluntary

payment, and

(

b) does not require the defendant to appear before a justice on

the initial appearance date to answer the summons if the

defendant makes a voluntary payment in accordance with the

Act.

(4) Nothing in this

section restricts a peace officer from exercising the

peace officer's discretion to instead of issuing a violation ticket to a

person for contravening an enactment, use other measures as are

appropriate, given the circumstances of the person involved.

Specified penalty

5(1) The specified penalty for a contravention of a provision of

an Act

or regulation is set out in the Schedule.

(2) The specified penalty for a contravention of a provision of a bylaw

or ministerial order under

section 44 of the Act is set out in the bylaw

or ministerial order.

(3) If the owner of a motor vehicle that is involved in a contravention

of the Traffic Safety Act or a municipal bylaw is charged with an

offence under

section 160 of the Traffic Safety Act, the specified

penalty is the same as that provided for the driver of a motor vehicle

involved in such a contravention.

(4) If the owner of an off-highway vehicle as defined in the Traffic

Safety Act that is involved in a contravention of the Traffic Safety Act

is charged with an offence under

section 160 of the Traffic Safety Act,

the specified penalty is the same as that provided for the driver of an

off-highway vehicle involved in such a contravention.

Identification of offence

6(1) An offence shall be designated on a violation ticket in a manner,

including the use of abbreviations, that is sufficient to permit the

defendant to identify the offence.

(2) In addition to any other method of designating an offence, an

offence may be designated on a violation ticket by either

(

a) placing a mark beside the name of the enactment, if the

enactment is named on the violation ticket, or

(

b) stating the name of the enactment in the appropriate space, if

the enactment is not named on the violation ticket,

and specifying the

section number of the provision under which the

offence is alleged.

(3) For the purpose of subsection (2), the name of a municipal bylaw

may be stated by specifying

(

a) the number of the bylaw, and

(

b) the name commonly applied to the municipality or Metis

settlement that made the bylaw.

Late payment charge

7(1) A defendant who is convicted of an offence pursuant to

proceedings under

Part 3 of the Act and fails to pay a fine imposed by

a justice within the time allowed for payment or, if no time is allowed,

forthwith shall be liable to pay a late payment charge equal to

(a) $20, or

(b) 20% of the outstanding balance of the fine imposed,

whichever is greater.

(2) The amount calculated under subsection (1)(

b) shall be rounded

down to the nearest dollar.

(3) Unless otherwise ordered by a justice, a late payment charge shall

not apply if the full amount of the fine is received within 48 hours after

the date on which the fine is required to be paid.

Revenue offset

8(1)

Section 14(3) of the Act applies to the fines imposed for

convictions under the Traffic Safety Act and regulations made under

that Act.

(2) The Crown may retain 26.67% of any amount collected in respect

of each fine, rounded to the nearest dollar, imposed for a conviction

under an enactment referred to in subsection (1).

Ex parte trial payment time

9 If a justice convicts a defendant under

section 34 of the Act, the

defendant shall be given at least 15 days from the date of conviction to

pay the fine imposed and any applicable surcharge.

Appearance date

10 No person shall be required to appear before a justice in answer to

a summons or to respond to an offence notice until 21 days have

elapsed from the day that the summons or offence notice is issued.

Delivery of offence notice

11 An offence notice shall not be considered to be delivered to a

Court office under

section 33 or 36 of the Act until it is actually

received by the Court office.

Criminal Code provisions

12(1) Sections 730, 734.7(1) and (3) and 809 and

Part XVII of the

Criminal Code (Canada) are not applicable to any proceedings to

which the Act applies.

(2) Sections 731, 732, 732.1, 732.2, 733 and 734 of the Criminal Code

(Canada) are not applicable to proceedings that are commenced under

Part 3 of the Act.

Violation ticket

13(1) A violation ticket under

Part 2 of the Act must contain at least

the following elements:

(

a) the following heading:

Province of Alberta

(

b) a reasonably clear description of the defendant to facilitate

identification;

(

c) the offence with which the defendant is charged;

(

d) the date on which the offence is alleged to have occurred;

(

e) the place at or near which the offence is alleged to have

occurred;

(

f) the manner in which the defendant may respond to the

summons;

(

g) the initial court appearance date and location;

(

h) the consequences to the defendant if the summons is not

responded to by the date indicated.

(2) A violation ticket under

Part 3 of the Act must contain at least the

following elements:

(

a) the following heading:

Province of Alberta

(

b) a reasonably clear description of the defendant to facilitate

identification;

(

c) the offence with which the defendant is charged;

(

d) the date on which the offence is alleged to have occurred;

(

e) the place at or near which the offence is alleged to have

occurred;

(

f) the manner in which the defendant may respond to the

offence notice;

(

g) the initial court appearance date and location;

(

h) the consequences to the defendant if the offence notice is not

responded to by the date indicated.

(3) A violation ticket under

Part 2 of the Act shall be in a form

approved by the Minister.

(4) A violation ticket under

Part 3 of the Act shall be in a form

approved by the Minister.

(5) A violation ticket under

Part 2 or

Part 3 of the Act must use the

numbering convention set by the Minister.

Electronic violation tickets under

Part 2

14(1) The Court may use electronic violation tickets in carrying out

the Court's functions in proceedings under

Part 2 of the Act if

(

a) the complaint included in the electronic violation ticket

(

i) is endorsed in accordance with

section 16 by the peace

officer who issued the electronic violation ticket, and

(ii) is filed with the Court in accordance with subsection

(2),

and

(

b) the information included in the electronic violation ticket

cannot be altered after the electronic violation ticket has been

transmitted to JOIN.

(2) The complaint included in an electronic violation ticket is filed

with the Court if

(

a) it has been transmitted to JOIN, and

(

b) the data necessary to display or print the complaint in a form

approved by the Minister for any purpose under the Act has

been stored in JOIN.

Electronic violation tickets under

Part 3

15(1) Subject to subsection (2), the Court may use electronic violation

tickets in carrying out the Court's functions in proceedings under

Part

3 of the Act if

(

a) the certificate of offence included in the electronic violation

ticket

(

i) is endorsed in accordance with

section 16 by the peace

officer who issued the electronic violation ticket, and

(ii) is filed with the Court in accordance with subsection

(3),

and

(

b) the information included in the electronic violation ticket

cannot be altered after the electronic violation ticket has been

transmitted to JOIN.

(2) If the defendant described in the electronic violation ticket is

charged under

section 160 of the Traffic Safety Act or the offence

notice relates to an alleged parking violation, in addition to the

requirements set out in subsection (1), the certificate of offence must

contain the date that the offence notice was sent by ordinary mail to the

defendant's address.

(3) The certificate of offence included in an electronic violation ticket

is filed with the Court if

(

a) it has been transmitted to JOIN, and

(

b) the data necessary to display or print the certificate of offence

in a form approved by the Minister for any purpose under the

Act has been stored in JOIN.

Endorsement of electronic violation tickets

16(1) In this section, "identification information" means a peace

officer's name, badge or regiment number and the name of the law

enforcement agency that the peace officer represents.

(2) The certificate of offence or complaint included in an electronic

violation ticket must, instead of being signed by the peace officer who

is the complainant referred to in

section 25(2)(

a) of the Act or the

peace officer referred to in

section 31(2)(

a) of the Act, be endorsed by

the peace officer in a manner

(

a) that electronically generates the peace officer's identification

information and associates it with the complaint or the

certificate of offence, and

(

b) that is reasonably secure against unauthorized use.

(3) A manner of endorsement is presumed to be reasonably secure

against unauthorized use if it is protected by a password issued in

confidence to the peace officer whose identification information it

generates.

Repeal

17 The Procedures Regulation (AR 233/89) is repealed.

Coming into force

18 This Regulation comes into force on the coming into force of An

Act to Modernize Enforcement of Provincial Offences.

Schedule

Part 1

Dangerous Goods Transportation

and Handling Act

1 The specified penalty payable in respect of a contravention of a

provision of the Dangerous Goods Transportation and Handling Act

shown in Column 1 is the amount shown in Column 2 in respect of that

provision.

Item

Number

Column 1

(Section Number

of Act)

Column 2

(Specified Penalty

in Dollars)

11(a)

11(b)

11(c)

11(d)

13(2)

Part 2

Regulation under the Dangerous Goods

Transportation and Handling Act

Dangerous Goods Transportation

and Handling Regulation

1 The specified penalty payable in respect of a contravention of a

Transportation of Dangerous Goods Regulations (SOR/2001-286)

(Canada), as adopted and modified by the Dangerous Goods

Transportation and Handling Regulation (AR 157/97), is $600.

2 The specified penalty payable in respect of a contravention of a

Dangerous Goods Regulations (SOR/2001-286) (Canada), as adopted

and modified by the Dangerous Goods Transportation and Handling

Regulation (AR 157/97), is $400.

3 The specified penalty payable in respect of a contravention of a

Dangerous Goods Regulations (SOR/2001-286) (Canada), as adopted

and modified by the Dangerous Goods Transportation and Handling

Regulation (AR 157/97), shown in Column 1 is the amount shown in

Column 2 in respect of that provision.

Item

Number

Column 1

(Section Number

of Regulation)

Column 2

(Specified Penalty

in Dollars)

6.1(1)

6.1(2)

6.3

6.6

6.7

6.8

Part 3

Environmental Protection and Enhancement Act

1 The specified penalty payable for a contravention of

section 61 of

the Environmental Protection and Enhancement Act in respect of the

activity designated by Division 1, clause (

k) of

Schedule 1 to the

Activities Designation Regulation (AR 276/2003) is $100.

2 The specified penalty payable for a contravention of

section 108(2)

of the Environmental Protection and Enhancement Act in respect of

visible emissions prescribed by

section 4 of the Substance Release

Regulation (AR 124/93) is $100.

3 The specified penalty payable in respect of a contravention of a

provision of the Environmental Protection and Enhancement Act

shown in Column 1 is the amount shown in Column 2 in respect of that

provision.

Item

Number

Column 1

(Section Number

of Act)

Column 2

(Specified Penalty

in Dollars)

Part 4

Regulation under the Environmental Protection

and Enhancement Act

Pesticide Sales, Handling, Use

and Application Regulation

1 The specified penalty payable in respect of a contravention of a

provision of the Pesticide Sales, Handling, Use and Application

Regulation (AR 24/97) shown in Column 1 is the amount shown in

Column 2 in respect of that provision.

Item

Number

Column 1

(Section Number

of Regulation)

Column 2

(Specified Penalty

in Dollars)

6(1)(

a) or (b)

6(3)

23(2) or (4)

24(

a) or (b)

26(1) or (2)

29(1)

Part 5

Regulation under the Environmental Protection

and Enhancement Act

Potable Water Regulation

1 The specified penalty payable in respect of a contravention of

section 9(2) of the Potable Water Regulation (AR 277/2003) is $200.

Part 6

Fisheries (Alberta) Act

1 The specified penalty payable in respect of a contravention of

section 10(1) of the Fisheries (Alberta) Act for engaging in

sportfishing without a sportfishing licence is $100.

2 The specified penalty payable for the contravention of

section 18(1)

of the Act for failing to carry a licence is $50.

3(1) The specified penalty payable for the contravention of

section

34.2(1) of the Act of a term or condition of a licence requiring the

marking of a setline or gill net is $150.

(2) The specified penalty payable for the contravention of

section

34.2(1) of the Act of a term or condition of a licence requiring the

completion and submission of records pertaining to the number and

species of fish caught is $300.

(3) The specified penalty payable for the contravention of

section

34.2(1) of the Act of a term or condition of a licence requiring the

reporting of any proposed activity is $150.

4 The specified penalty payable for the contravention of

section

34.4(3) of the Act for failing to comply with an order under

section 23

is $50.

Part 7

Regulation under the Fisheries (Alberta) Act

General Fisheries (Alberta) Regulation

1(1) The specified penalty for the contravention of

section 14.1(6) of

the General Fisheries (Alberta) Regulation (AR 203/97) is $200 plus

$50 for each fish possessed or retained in contravention of that section.

(2) Where a person exceeds by more than 10 the number of fish

possessed or retained in contravention of

section 14.1(6), the person is

required to appear before a justice without the alternative of making a

voluntary payment.

2 The specified penalty payable in respect of a contravention of the

General Fisheries (Alberta) Regulation (AR 203/97) shown in Column

1 is the amount shown in Column 2 in respect of that provision.

Item

Number

Column 1

(Section Number

of Regulation)

Column 2

(Specified Penalty

in Dollars)

5(5)

14.1(8)

14.1(9)

15(3)(b)

16(1)

16(2)

16(3)

19(1)

34(2)

Part 8

Forest and Prairie Protection Act

1 The specified penalty payable in respect of a contravention of a

provision of the Forest and Prairie Protection Act shown in

Column 1 is the amount shown in Column 2 in respect of that

provision.

Item

Number

Column 1

(Section Number

of Regulation)

Column 2

(Specified Penalty in

Dollars)

14(3)(a)

14(3)(b)

18(1), (2) or

(3) 250

21(3)

22(a), (b), (c), (

d) or

(e)

26(1)

26.2

31.3(2)

32(2.2)

Part 9

Regulation under the Forest

and Prairie Protection Act

Forest and Prairie Protection Regulation

1 The specified penalty payable in respect of a contravention of a

provision of the Forest and Prairie Protection Regulation shown

in Column 1 is the amount shown in Column 2 in respect of that

provision.

Item

Number

Column 1

(Section Number

of Regulation)

Column 2

(Specified Penalty in

Dollars)

3(a)

3(b)

3(

c) or (d)

3(e)

4(2)

8(2)(a), (b), (c), (

d) or (e)

8(3)

9(1) or (3)

10(1) or (2)

Part 10

Regulation under the

Forest and Prairie Protection Act

Forest and Prairie Protection (Ministerial) Regulation

1 The specified penalty payable in respect of a contravention of a

provision of the Forest and Prairie Protection (Ministerial)

Regulation shown in Column 1 is the amount shown in Column 2

in respect of that provision.

Item

Number

Column 1

(Section Number

of Regulation)

Column 2

(Specified Penalty

in Dollars)

2(1) or (2)

6(1) or (2)

10(a)

11(4)

Part 11

Fuel Tax Act

1 The specified penalty payable in respect of a contravention of a

provision of the Fuel Tax Act shown in Column 1 is the amount shown

in Column 2 in respect of that provision.

Item

Number

Column 1

(Section Number

of Act)

Column 2

(Specified Penalty

in Dollars)

17(1)

17(2)

17(3)(a)

17(3)(

b) or (c)

18(1) or (3)

19(1) or (3)

20(1)

22(1)(a)(v)

Part 12

Gaming and Liquor Act

1 The specified penalty payable in respect of a contravention of

section 50 of the Gaming and Liquor Act for the unlawful possession

of liquor is $200.

2 The specified penalty payable in respect of a contravention of a

provision of the Gaming and Liquor Act shown in Column 1 is the

amount shown in Column 2 in respect of that provision.

Item

Number

Column 1

(Section Number

of Act)

Column 2

(Specified Penalty

in Dollars)

69(1)(

b) or (c)

69(2)(

a) or (b)

74(2)

74(3)

87(1)

87(2)

89(1)

115(1)

Part 13

Regulation under the Gaming and Liquor Act

Gaming and Liquor Regulation

1 The specified penalty payable in respect of a contravention of a

provision of the Gaming and Liquor Regulation (AR 143/96) shown in

Column 1 is the amount shown in Column 2 in respect of that

provision.

Item

Number

Column 1

(Section Number

of Regulation)

Column 2

(Specified Penalty

in Dollars)

34.01

34.2(2)

87.1(2)

Part 14

Regulation under

Schedule 11 of the

Government Organization Act

1 The specified penalty payable in respect of a contravention of a

provision of the Crown Property Regulation (AR 125/98) shown in

Column 1 is the amount shown in Column 2 in respect of that

provision.

Item

Number

Column 1

(Section Number

of Regulation)

Column 2

(Specified Penalty

in Dollars)

3(1)

Part 15

Insurance Act

1 The specified penalty payable in respect of a contravention of

section 822(4) of the Insurance Act is $200.

Part 16

Regulation under the

Occupational Health and Safety Act

Occupational Health and Safety Regulation

1 The specified penalty payable in respect of a contravention of

section 12(2) of the Occupational Health and Safety Regulation

(AR 62/2003) is $500.

Part 17

Regulation under the

Occupational Health and Safety Act

Occupational Health and Safety Code

1 In this Part, "Code" means the Occupational Health and Safety

Code 2009 made by the Occupational Health and Safety Council on

February 9, 2009 and adopted under

section 1 of the Occupational

Health and Safety Code 2009 Order (AR 87/2009).

2 The specified penalty payable in respect of a contravention of a

provision of the Code shown in Column 1 is the amount shown in

Column 2 in respect of that provision.

Item

Number

Column 1

(Section Number

of Code)

Column 2

(Specified Penalty

in Dollars)

26(1)

47(1)

62(1)

62(2)

82(1)

82(2)

97(2)

122(2)

122(3)

133(1)

139(8)

142(2)

155(3)

161(1)

162(3)

170.1(5)

170.1(6)

187.1(1)

194(2)

194(3)

229(1)

233(1)

235(1)

236(1)

256(3)

279(1)

279(2)

305(1)

305(2)

306(2)

306(3)

313(2)

314(2)

318(1)

324(4)

327(1)

327(2)

328(1)

328(2)

334(2)

334(3)

349(3)

349(4)

367(2)

375(2)

466(2)

526(1)

526(2)

648(3)

693(2)

693(3)

755(2)

794(2)

827(4)

Part 18

Petty Trespass Act

1(1) The specified penalty payable in respect of a contravention of

section 2(1) of the Petty Trespass Act is $250.

(2) Where a person is charged with a 2nd or subsequent offence for

the contravention of

section 2(1) of the Petty Trespass Act with respect

to the same land, the person is required to appear before a justice

without the alternative of making a voluntary payment.

2 The specified penalty payable for the contravention of

section

2.1(4) of the Petty Trespass Act is $250.

Part 19

Regulation under the Provincial Parks Act

Provincial Parks (General) Regulation

1 The specified penalty payable in respect of a contravention of a

provision of the Provincial Parks (General) Regulation (AR 102/85)

shown in Column 1 is the amount shown in Column 2 in respect of that

provision.

Item Numbers

Column 1

(Section Number

of Regulation)

Column 2

Specified Penalty

in Dollars

3(b)

5(1) or (2)

11(1)

11(2)

11.1

11.2(1)(b)

11.2(2)(b)

11.3

12(1)

12(2)

12(3)

14.1

15(1)(2)

16(a), (b), (

c) or (d)

20(1)

22(2)

23(a)

27(1)

27(2)

35(1)(

a) or (b)

36(1)

36(2) or (3)

38(4)

38.1

40(1)

41(1)

41.1(4)

42(3)

44(2)(

a) or (b)

45(1)(a), (d), (

e) or

(f)

45(1)(b)

45(1)(c)

46(1)

46(1.1)

46(4)

Part 20

Regulation under the Public Lands Act

Public Lands Administration Regulation

1 The specified penalty payable in respect of a contravention of a

provision of the Public Lands Administration Regulation

(AR 187/2011) shown in Column 1 is the amount shown in Column 2

in respect of that provision.

Item Number

Column 1

(Section Number of

Regulation)

Column 2

Specified Penalty in

Dollars)

181(a)

181(b)

183(1)

183(2)

185(1)

185(4)(a)

185(4)(

b) or (c)

185(5)

185(6)

185(7)(a)

185(7)(b)

187(1)

188(1)

188(2)

189(1)

190(1)

191(1)

191(2)

193(1)

194(1)

197(1)

197(2)

200(1)

206(1)

206(2)

Schedule 4, Part B,

section 5

Schedule 4,

Part C,

section 8(4)

Schedule 4, Part D,

section 12(4)

Schedule 4,

Part I,

section 34(3)

Schedule 4, Part J,

section 36(1)

Schedule 4, Part K,

section 38

Schedule 4, Part R,

section 55(2)

Schedule 7,

section

58(a)

Schedule 7,

section

58(b)

Schedule 7,

section

59(1)

Part 21

Regulation under the Public Lands Act

Recreational Access Regulation

1 The specified penalty payable in respect of a contravention of a

provision of the Recreational Access Regulation (AR 228/2003) shown

in Column 1 is shown in Column 2 in respect of that provision.

Item

Number

Column 1

(Section Number

of Regulation)

Column 2

Specified Penalty

in Dollars)

5(3)

9(1)(a)

9(1)(b)

9(1)(c)

9(1)(d)

9(1)(e)

9(1)(f)

9(2)(a)

9(2)(c)

9(2)(d)

9(2)(e)

9(2)(f)

9(3)(a)

9(3)(b)

9(3)(c)

9(3)(d)

9(3)(e)

9(4)(a)

9(4)(b)

9(4)(c)

9(4)(d)

Part 22

Residential Tenancies Act

1 The specified penalty payable in respect of a contravention of a

provision of the Residential Tenancies Act shown in Column 1 is the

amount shown in Column 2 in respect of that provision.

Item

Number

Column 1

(Section Number

of Regulation)

Column 2

Specified Penalty

in Dollars)

6(2)

19(6)

31(13) or (14)

44(1) or (3)

44(5) or (6)

46(2) or (6)

Part 23

Regulation under the Residential Tenancies Act

Residential Tenancies Ministerial Regulation

1 The specified penalty payable in respect of a contravention of a

provision of the Residential Tenancies Ministerial Regulation

(AR 211/2004) shown in Column 1 is the amount shown in Column 2

in respect of that provision.

Item

Number

Column 1

(Section Number

of Regulation)

Column 2

(Specified Penalty

in Dollars)

Part 24

Regulation under the Residential Tenancies Act

Subsidized Public Housing Regulation

1 The specified penalty payable in respect of a contravention of

section 4(1) of the Subsidized Public Housing Regulation

(AR 191/2004) is $150.

Part 25

Security Services and Investigators Act

1 The specified penalty payable in respect of a contravention of a

provision of the Security Services and Investigators Act shown in

Column 1 is the amount shown in Column 2 in respect of that

provision.

Item

Number

Column 1

(Section Number

of Regulation)

Column 2

Specified Penalty

in Dollars)

18(a)

18(

b) or (c)

19(a)

19(b), (

c) or (j)

19(d), (e), (f), (g), (

h) or (i)

31(1), (2) or (3)

32(a), (

b) or (c)

34(1)

36(

a) or (b)

39(a), (b), (c), (

d) or (e)

44(1) or (2)

Part 26

Regulation under the Security Services

and Investigators Act

Security Services and Investigators Regulation

1 The specified penalty payable in respect of a contravention of a

provision of the Security Services and Investigators Regulation

(AR 52/2010) shown in Column 1 is the amount shown in Column 2 in

respect of that provision.

Item

Number

Column 1

(Section Number

of Regulation)

Column 2

Specified Penalty

in Dollars)

3(1)

3(2)

4(2)

5(

a) or (b)

6(2) or (3)

7(1)

8(1) or (2)

12(1)(a), (

c) or (d)

12(2)

12(3)

12(5)

12(6) or (7)

Part 27

Regulation under the Security Services

and Investigators Act

Security Services and Investigators

(Ministerial) Regulation

1 The specified penalty payable in respect of a contravention of a

provision of the Security Services and Investigators (Ministerial)

Regulation (AR 55/2010) shown in Column 1 is the amount shown in

Column 2 in respect of that provision.

Item

Number

Column 1

(Section Number

of Regulation)

Column 2

Specified Penalty

in Dollars)

14(3)

16(4)

18(1)

18(2)

21(1), (2), (3) or (4)

23(1), (2), (3), (4) or (5)

24(2)

25(1), (2), (4) or (5)

27(1) or (2)

28(2) or (3)

Part 28

Stray Animals Act

1 The specified penalty payable in respect of a contravention of the

Stray Animals Act shown in Column 1 is the amount shown in Column

2 in respect of that provision.

Item

Number

Column 1

(Section Number

of Regulation)

Column 2

Specified Penalty

in Dollars)

37(1)

37(2)

Part 29

Tobacco and Smoking Reduction Act

1 The specified penalty payable in respect of a contravention of

section 7.5(1) of the Tobacco and Smoking Reduction Act is

(

a) if the person is an individual, $250, and

(

b) if the person is a retailer, $500.

2 The specified penalty payable in respect of a contravention of the

Tobacco and Smoking Reduction Act shown in Column 1 is the amount

shown in Column 2 in respect of that provision.

Item

Number

Column 1

(Section Number

of Regulation)

Column 2

Specified Penalty

in Dollars)

3(a), (b), (

c) or (d)

3(b.1)

3.1(1)(a), (b), (

c) or (

d) or

(2) 100

7(1), (2) or (3)

7(2.1)

7.1

7.2(1)(

a) or (b)

7.21

7.3(a), (b), (

c) or (d)

7.4(2)

7.5(2)

Part 30

Tobacco Tax Act

1 The specified penalty payable in respect of a contravention of

section 3(1) of the Tobacco Tax Act is $500.

2(1) The specified penalty payable in respect of a contravention of

section 4(1) of the Tobacco Tax Act

(

a) if the person is a consumer,

(

i) for the purchase, possession, storing, selling or offering

for sale of 400 cigarettes or grams of tobacco or less is

$250, and

(ii) for the purchase, possession, storing, selling or offering

for sale of more than 400 cigarettes or grams of tobacco,

but not more than 1000 cigarettes or grams of tobacco,

is $500,

and

(

b) if the person is not a consumer, for the purchase, possession,

storing, selling or offering for sale of 1000 cigarettes or

grams of tobacco or less is $1000.

(2) Where the person purchases, possesses, stores, sells or offers for

sale more than 1000 cigarettes or grams of tobacco in contravention of

section 4(1) of the Tobacco Tax Act, the person is required to appear

before a justice without the alternative of making a voluntary payment.

3(1) The specified penalty payable in respect of a contravention of

section 4(3) of the Tobacco Tax Act

(

a) for the purchase or possession of 400 cigarettes or grams of

tobacco or less is $250, and

(

b) for the purchase or possession of more than 400 cigarettes or

grams of tobacco but not more than 1000 cigarettes or grams

of tobacco is $500.

(2) Where the person purchases or possesses more than 1000

cigarettes or grams of tobacco in contravention of

section 4(3) of the

Tobacco Tax Act, the person is required to appear before a justice

without the alternative of making a voluntary payment.

4(1) The specified penalty payable for the contravention of

section

4(4) of the Tobacco Tax Act for the possession of 1000 cigarettes or

grams of tobacco or less over the permitted amount is $250.

(2) Where a person is charged with a 2nd or subsequent offence for

the contravention of

section 4(4) of the Tobacco Tax Act for the

possession of 1000 cigarettes or grams of tobacco or less over the

permitted amount, the person is required to appear before a justice

without the alternative of making a voluntary payment.

(3) Where a person is charged with possession of more than 1000

cigarettes or grams of tobacco over the permitted amount in

contravention of

section 4(4) of the Tobacco Tax Act, the person is

required to appear before a justice without the alternative of making a

voluntary payment.

5(1) The specified penalty payable for the contravention of

section

4(5) of the Tobacco Tax Act is $500.

(2) Where a person is charged with a 2nd or subsequent offence for

contravening

section 4(5) of the Tobacco Tax Act, the person is

required to appear before a justice without the alternative of making a

voluntary payment.

6(1) The specified penalty payable in respect of a contravention of

section 4.1 of the Tobacco Tax Act for the possession of

(a) 2000 cigarettes or less,

(b) 2000 grams of tobacco or less or cigars containing 2000

grams of tobacco or less, or

(

c) any combination containing 2000 grams of tobacco or less,

over the permitted amount is $1000.

(2) Where a person possesses more than

(a) 2000 cigarettes,

(b) 2000 grams of tobacco or cigars containing 2000 grams of

tobacco, or

(

c) any combination containing 2000 grams of tobacco,

over the permitted amount in contravention of

section 4.1 of the

Tobacco Tax Act, the person is required to appear before a justice

without the alternative of making a voluntary payment.

7(1) The specified penalty payable in respect of a contravention of

section 7(3) of the Tobacco Tax Act

(

a) if the person is a consumer,

(

i) for the sale, offering for sale or purchase of 400

cigarettes or grams of tobacco or less is $250, and

(ii) for the sale, offering for sale or purchase of more than

400 cigarettes or grams of tobacco, but not more than

1000 cigarettes or grams of tobacco, is $500,

and

(

b) if the person is not a consumer, for the sale, offering for sale

or purchase of 1000 cigarettes or grams of tobacco or less is

$1000.

(2) Where a person sells, offers for sale or purchases more than 1000

cigarettes or grams of tobacco in contravention of

section 7(3) of the

Tobacco Tax Act, the person is required to appear before a justice

without the alternative of making a voluntary payment.

Part 31

Traffic Safety Act

1 The specified penalty for the contravention of

section 65(1)(

a) or

(

b) of the Traffic Safety Act is the amount provided for the

contravention of the relevant provision of the Vehicle Equipment

Regulation (AR 122/2009).

2 The specified penalty for the contravention of

section 111 or

115(2)(

a) of the Traffic Safety Act is the amount provided for the

contravention of the relevant provision of the Use of Highway and

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

3(1) The specified penalty for the contravention of

section 131(1)(

f) of the Traffic Safety Act is $27 per 100 kg for overloads up to 5000 kg

and $47 per 100 kg for overloads over 5000 kg.

(2) The specified penalty for the contravention of sections 131(1)(h),

(i), (j), (

k) and (

l) of the Traffic Safety Act is $34 per 100 kg for

overloads up to 5000 kg and $47 per 100 kg for overloads over

5000 kg.

4 The specified penalty payable in respect of a contravention of a

provision of the Traffic Safety Act shown in Column 1 is the amount

shown in Column 2 in respect of that provision.

Item

Number

Column 1

(Section Number

of Act)

Column 2

(Specified Penalty

in Dollars)

51(a), (

b) or (c)

51(d)

51(

e) to (f.3)

51(g)

51(h)

51(

j) to (s)

52(1)(a)

52(1)(b)

52(1)(d)

52(1)(e)

53(1)(a)

53(1)(

b) to (d)

53(2)

61(2)(

a) to (c)

65(1)(

a) see

section 1 of this

Part

65(1)(

b) see

section 1 of this

Part

65(1)(c)

65(1)(d)

65(1)(i)

65(1)(j)

66(5)

68(2)

71(1) to (4)

76(1)(

a) or (b)

80(a)

see

section 2 of this

Part

115(2)(

a) see

section 2 of this

Part

115(2)(

b) to (f)

115(2)(

i) to (k)

115(2)(

l) or (m)

115(2)(n)

115(2)(

p) see

Part 32

115(2)(q)

115(2)(

r) see

Part 32

115(2)(s)

115.1(1)

115.2(1)

115.3(1)

115.4(1)

119(1)(a)

119(1)(

b) to (d)

120(2)(a)

120(2)(

b) or (c)

120(3)

121(1) or (2)

123(2) or (3)

124(1) or (4)

124(6)

131(1)(a), (b), (

c) or (d)

131(1)(e)

131(1)(

f) see

section 3(1) of this

Part

131(1)(g)

131(1)(

h) see

section 3(2) of this

Part

131(1)(

i) see

section 3(2) of this

Part

131(1)(

j) see

section 3(2) of this

Part

131(1)(

k) see

section 3(2) of this

Part

131(1)(

l) see

section 3(2) of this

Part

131(1)(m)

131(1)(n)

137(a)

137(b)

140(1)

160(1) or (2)

see

section 5(3) of this

Regulation

166(2)(

a) or (c)

166(2)(b)

166(3)

166(4)

167(1), (2) or (6)

Part 32

Traffic Safety Act

(speeding offences)

1 The specified penalty payable in respect of contraventions of

section 115(2)(p), (p.1) and (

r) of the Traffic Safety Act and sections

53(5)(

c) and 70 of the Use of Highway and Rules of the Road

Regulation (AR 304/2002) are those set out in the Table in this Part.

2 Where a person exceeds the speed limits referred to in the sections

referred to in

section 1 by more than 50 kilometres per hour, the person

is required to appear before a justice without the alternative of making

a voluntary payment.

Table

Kilometres

over limit

Amount of

specified penalty

(in dollars)

Kilometres

over limit

Amount of

specified penalty

(in dollars)

Part 33

Traffic Safety Act

(speeding offences - construction zone/emergency vehicles)

1 The specified penalty payable in respect of contraventions of

section 115(2)(p.2) and (

t) of the Traffic Safety Act are those set out in

the Table in this Part.

2 Where a person exceeds the speed limits referred to in the sections

referred to in

section 1 by more than 50 kilometres per hour, the person

is required to appear before a justice without the alternative of making

a voluntary payment.

Table

Kilometres

over limit

Amount of

specified penalty

(in dollars)

Kilometres

over limit

Amount of

specified penalty

(in dollars)

Part 34

Regulation under the Traffic Safety Act

Bill of Lading and Conditions

of Carriage Regulation

1 The specified penalty payable in respect of a contravention of a

provision of the Bill of Lading and Conditions of Carriage Regulation

(AR 313/2002) is $68.

Part 35

Regulation under the Traffic Safety Act

Commercial Vehicle Certificate

and Insurance Regulation

1 The specified penalty payable in respect of a contravention of a

provision of the Commercial Vehicle Certificate and Insurance

Regulation (AR 314/2002) shown in Column 1 is the amount shown in

Column 2 in respect of that provision.

Item

Number

Column 1

(Section Number

of Regulation)

Column 2

(Specified Penalty

in Dollars)

2(1) or (2)

3(1)

10(1)

11(1)

19(1) or (2)

20(1)

24(2), (3) or (4)

26(2)

29(2)

40(1) or (2)

41(1)

42(1) or (2)

47(1) to (3)

48(1)

52(2)

53(1) or (3)

Part 36

Regulation under the Traffic Safety Act

Commercial Vehicle Dimension

and Weight Regulation

1 The specified penalty for the contravention of

section 9(1) and (3)

of the Commercial Vehicle Dimension and Weight Regulation

(AR 315/2002) is $27 per 100 kg for overloads of up to 5000 kg and

$47 per 100 kg for overloads over 5000 kg.

2 The specified penalty for the contravention of sections 11(2) and

12(4) of the Commercial Vehicle Dimension and Weight Regulation

(AR 315/2002) is $34 per 100 kg for overloads of up to 5000 kg and

$47 per 100 kg for overloads over 5000 kg.

3 The specified penalty payable in respect of a contravention of a

provision of the Commercial Vehicle Dimension and Weight

Regulation (AR 315/2002) shown in Column 1 is the amount shown in

Column 2 in respect of that provision.

Item

Number

Column 1

(Section Number

of Regulation)

Column 2

Specified Penalty

in Dollars)

9(1) or (3)

see

section 1 of this

Part

10(3)

11(2)

see

section 2 of this

Part

12(4)

see

section 2 of this

Part

15(3) or (4)

18(4)

Part 37

Regulation under the Traffic Safety Act

Commercial Vehicle Safety Regulation

1 The specified penalty payable in respect of a contravention of a

provision of the Commercial Vehicle Safety Regulation (AR 121/2009)

shown in Column 1 is the amount shown in Column 2 in respect of that

provision.

Item

Number

Column 1

(Section Number

of Code)

Column 2

Specified Penalty

in Dollars)

4(1)

see

section 3 of this

Part

4(2)

5(2)(

a) see

section 4 of this

Part

5(2)(

b) see

Part 42

5(3)

see

section 5 of this

Part

5(4)

see

section 6 of this

Part

5(5)(

a) see

section 7 of this

Part

5(5)(b)

5(6)

6(1), (2), (3), (4) or (5)

10(2), (4)(a), (4)(b),

(8)(a) (8)(b), (9) or (11)

11(1), (3) or (4)

12(2), (3), (4), (5) or (6)

13(1) or (2)

14(

a) or (b)

15(

a) or (b)

16(

a) or (b)

17(3)

see

section 2 of this

Part

17(4)

18(

a) see

Part 31

18(

b) see

section 7 of this

Part

19(1), (6) or (7)

20(1)

22(1)

23(2)

25(1) or (2)

26(1) or (2)

28(1) or (2)

31(2)

see

section 8 of this

Part

32(2)

33(1) or (2)

35(1), (2) or (3)

37(2), (3) or (4)

38(1) or (2)

2(1) In this Part, "Standard" means the National Safety Code for

Motor Carriers Standard 10 (Cargo Securement) made by the Canadian

Council of Motor Transport Administrators dated June 2013, as

amended from time to time, and adopted under

section 2 of the

Commercial Vehicle Safety Regulation (AR 121/2009).

(2) The specified penalty for the contravention of

section 17(3) of the

Commercial Vehicle Safety Regulation (AR 121/2009) is the amount

provided for the contravention of the relevant provision in the Standard

provided for in this section.

(3) The specified penalty payable in respect of a contravention of a

provision of

section 3(1), (2), (3) or (5) of

Part 1, Division 1 of the

Standard is $675.

(4) The specified penalty payable in respect of a contravention of a

provision of

Part 1, Division 2 of the Standard shown in Column 1 is

the amount shown in Column 2 in respect of that provision.

Item

Number

Column 1

(Section Number

of Code)

Column 2

Specified Penalty

in Dollars)

4(1)

4(2)

4(3)

(5) The specified penalty payable in respect of a contravention of a

provision of

Part 1, Division 3 of the Standard shown in Column 1 is

the amount shown in Column 2 in respect of that provision.

Item

Number

Column 1

(Section Number

of Code)

Column 2

Specified Penalty

in Dollars)

10(2) or (3)

11(4)

(6) The specified penalty payable in respect of a contravention of a

provision of

Part 1, Division 4 of the Standard shown in Column 1 is

the amount shown in Column 2 in respect of that provision.

Item

Number

Column 1

(Section Number

of Code)

Column 2

Specified Penalty

in Dollars)

19(1), (2) or (4)

22(2), (3) or (4)

(7) The specified penalty payable in respect of a contravention of a

provision of

Part 1, Division 5 of the Standard shown in Column 1 is

the amount shown in Column 2 in respect of that provision.

Item

Number

Column 1

(Section Number

of Code)

Column 2

Specified Penalty

in Dollars)

23(2)

(8) The specified penalty payable in respect of a contravention of a

provision of

Part 2, Division 1 of the Standard shown in Column 1 is

the amount shown in Column 2 in respect of that provision.

Item

Number

Column 1

(Section Number

of Code)

Column 2

Specified Penalty

in Dollars)

34(2)

40(2), (3), (4) or (5)

(9) The specified penalty payable in respect of a contravention of a

provision of

Part 2, Division 2 of the Standard shown in Column 1 is

the amount shown in Column 2 in respect of that provision.

Item

Number

Column 1

(Section Number

of Code)

Column 2

Specified Penalty

in Dollars)

46(1)

46(2)

(10) The specified penalty payable in respect of a contravention of a

provision of

Part 2, Division 3 of the Standard shown in Column 1 is

the amount shown in Column 2 in respect of that provision.

Item

Number

Column 1

(Section Number

of Code)

Column 2

Specified Penalty

in Dollars)

49(2) or (3)

49(4)

50(2)

50(3)

50(4)

52(1)

52(2)

52(3)

53(1)

53(2)

53(3)

54(1)

54(2)

54(3)

55(2)

55(3)

55(4)

(11) The specified penalty payable in respect of a contravention of a

provision of

Part 2, Division 4 of the Standard shown in Column 1 is

the amount shown in Column 2 in respect of that provision.

Item

Number

Column 1

(Section Number

of Code)

Column 2

Specified Penalty

in Dollars)

63(2)

63(3) or (5)

63(6), (7) or (8)

64(2)

65(3) or (4)

65(5)

65(6)

66(2) or (3)

68(3), (4), (5) or (6)

68(7)

69(2), (3), (4) or (5)

70(3), (4) or (5)

71(2) or (3)

72(2)

72(3)

72(4)

(12) The specified penalty payable in respect of a contravention of a

provision of

Part 2, Division 5 of the Standard shown in Column 1 is

the amount shown in Column 2 in respect of that provision.

Item

Number

Column 1

(Section Number

of Code)

Column 2

Specified Penalty

in Dollars)

75(2), (3), (4), (5) or (6)

79(2), (3) or (4)

80(3) or (4)

81(2) or (3)

82(2), (3), (4), (5), (6) or

(7) 675

(13) The specified penalty payable in respect of a contravention of a

provision of

Part 2, Division 6 of the Standard shown in Column 1 is

the amount shown in Column 2 in respect of that provision.

Item

Number

Column 1

(Section Number

of Code)

Column 2

Specified Penalty

in Dollars)

84(2), (3) or (4)

85(2), (3) or (4)

86(2), (4) or (5)

(14) The specified penalty payable in respect of a contravention of a

provision of

Part 2, Division 7 of the Standard shown in Column 1 is

the amount shown in Column 2 in respect of that provision.

Item

Number

Column 1

(Section Number

of Code)

Column 2

Specified Penalty

in Dollars)

88(2), (3), (4) or (6)

89(2), (3) or (4)

(15) The specified penalty payable in respect of a contravention of a

provision of

Part 2, Division 8 of the Standard shown in Column 1 is

the amount shown in Column 2 in respect of that provision.

Item

Number

Column 1

(Section Number

of Code)

Column 2

Specified Penalty

in Dollars)

96(1) or (2)

(16) The specified penalty payable in respect of a contravention of a

provision of

Part 2, Division 9 of the Standard shown in Column 1 is

the amount shown in Column 2 in respect of that provision.

Item

Number

Column 1

(Section Number

of Code)

Column 2

Specified Penalty

in Dollars)

98(1), (2) or (3)

98(4)

99(1)

99(2)

3(1) The specified penalty for the contravention of

section 4(1) of the

Commercial Vehicle Safety Regulation (AR 121/2009) is the amount

provided for the contravention of the relevant provision in

Schedule 1

to the Commercial Vehicle Safety Regulation (AR 121/2009) provided

for in subsection (2).

(2) The specified penalty payable in respect of a provision of

Schedule

1 to the Commercial Vehicle Safety Regulation (AR 121/2009) shown

in Column 1 is the amount shown in Column 2 in respect of that

provision.

Item

Number

Column 1

(Section Number

of Regulation)

Column 2

Specified Penalty

in Dollars)

1(2) or (4)

3(2) or (3)

4(2) or (3)

5(1) or (2)

6(1) or (2)

7(1)

9(1), (2) or (3)

11(

a) or (b)

13(1)(a)

13(1)(

b) or (1)(c)

15(1), (2)(a), (2)(

b) or

(2)(c)

16(1) or (2)

17(1), (2), (3), (4) or (5)

4(1) The specified penalty for the contravention of

section 5(2)(

a) of

the Commercial Vehicle Safety Regulation (AR 121/2009) is the

amount provided for the contravention of the relevant provision in

Schedule 2 to the Commercial Vehicle Safety Regulation

(AR 121/2009) provided for in subsection (2).

(2) The specified penalty payable in respect of a provision of

Schedule

2 to the Commercial Vehicle Safety Regulation (AR 121/2009) shown

in Column 1 is the amount shown in Column 2 in respect of that

provision.

Item

Number

Column 1

(Section Number

of Regulation)

Column 2

Specified Penalty

in Dollars)

1(1) or (2)

5(2)

7(1) or (2)

8(a), (b), (c), (

d) or (e)

9(2)(a), (b), (c), (d), (

e) or

(f)

11(2)

16(2)

20(2)

21(2)

25(1) or (2)

28(2) or (3)

31(1) or (2)

5(1) The specified penalty for the contravention of

section 5(3) of the

Commercial Vehicle Safety Regulation (AR 121/2009) is the amount

provided for the contravention of the relevant provision in

Schedule 3

to the Commercial Vehicle Safety Regulation (AR 121/2009) provided

for in subsection (2).

(2) The specified penalty payable in respect of a provision of

Schedule

3 to the Commercial Vehicle Safety Regulation (AR 121/2009) shown

in Column 1 is the amount shown in Column 2 in respect of that

provision.

Item

Number

Column 1

(Section Number

of Regulation)

Column 2

Specified Penalty

in Dollars)

5(1) or (2)

9(1) or (2)

6(1) The specified penalty for the contravention of

section 5(4) of the

Commercial Vehicle Safety Regulation (AR 121/2009) is the amount

provided for the contravention of the relevant provision in

Schedule 4

to the Commercial Vehicle Safety Regulation (AR 121/2009) provided

for in subsection (2).

(2) The specified penalty payable in respect of a provision of

Schedule

4 to the Commercial Vehicle Safety Regulation (AR 121/2009) shown

in Column 1 is the amount shown in Column 2 in respect of that

provision.

Item

Number

Column 1

(Section Number

of Regulation)

Column 2

Specified Penalty

in Dollars)

3(1), (2), (3), (4), (5), (6), (7),

(8), (9), (10) or (11)

4(1), (2), (3), (4), (5), (6), (7),

(8), (9) or (10)

14(1) or (2)

7(1) The specified penalty for the contravention of

section 5(5)(

a) of

the Commercial Vehicle Safety Regulation (AR 121/2009) is the

amount provided for the contravention of the relevant provision in

Schedule 5 to the Commercial Vehicle Safety Regulation

(AR 121/2009) provided for in subsection (2).

(2) The specified penalty payable in respect of a provision of

Schedule

5 to the Commercial Vehicle Safety Regulation (AR 121/2009) shown

in Column 1 is the amount shown in Column 2 in respect of that

provision.

Item

Number

Column 1

(Section Number

of Regulation)

Column 2

Specified Penalty

in Dollars)

2(1), (3) or (4)

3(1), (2) or (3)

4(1) or (2)

5(1) or (2)

6(1) or (2)

8(1) or (2)

9(1), (2), (3), (4), (5) or (6)

10(1), (2) or (3)

11(1), (2), (3) or (4)

12(1) or (2)

15(1), (2) or (3)

22(1) or (2)

23(2), (3) or (4)

25(1) or (2)

8(1) The specified penalty for the contravention of

section 31(2) of

the Commercial Vehicle Safety Regulation (AR 121/2009) is the

amount provided for the contravention of the relevant provision in

Schedule 6 to the Commercial Vehicle Safety Regulation

(AR 121/2009) provided for in subsection (2).

(2) The specified penalty payable in respect of a provision of

Schedule

6 to the Commercial Vehicle Safety Regulation (AR 121/2009) shown

in Column 1 is the amount shown in Column 2 in respect of that

provision.

Item

Number

Column 1

(Section Number

of Regulation)

Column 2

Specified Penalty

in Dollars)

3(1) or (2)

4(1) or (2)

10(2), (3) or (4)

11(1)

12(1) or (2)

13(1), (2) or (3)

14(1) or (2)

15(1) or (2)

Part 38

Regulation under the Traffic Safety Act

Drivers' Hours of Service Regulation

1 The specified penalty payable in respect of a contravention of a

provision of the Drivers' Hours of Service Regulation (AR 317/2002)

is $405.

Part 39

Regulation under the Traffic Safety Act

Off-highway Vehicle Regulation

1 The specified penalty payable in respect of a contravention of a

provision of the Off-highway Vehicle Regulation (AR 319/2002)

shown in Column 1 is the amount shown in Column 2 in respect of that

provision.

Item

Number

Column 1

(Section Number

of Regulation)

Column 2

Specified Penalty

in Dollars)

29(2)

29(3)

33(1)

Part 40

Regulation under the Traffic Safety Act

Operator Licensing and Vehicle

Control Regulation

1 The specified penalty payable in respect of a contravention of a

provision of the Operator Licensing and Vehicle Control Regulation

(AR 320/2002) shown in Column 1 is the amount shown in Column 2

in respect of that provision.

Item

Number

Column 1

(Section Number

of Regulation)

Column 2

Specified Penalty

in Dollars)

8(1)

8(2)

9(2)

13(2)

16(1)

20(1) or (2)

29(3) or (5)

Document details

CollectionAlberta — Gazette
Citation15 April 2017
Typegazette
Volume / chapter07 Apr15 Part2
Languageen
Formathtml
SourcePROVINCIAL
Identifierede2738d56ff29990756d978ffeb6c9721f21d4c

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