Alberta Gazette — 15 November (ii)
1115 ii
Alberta — Gazette
Alberta Regulation 186/2001
Government Organization Act
AUTHORIZED ACCREDITED AGENCIES AMENDMENT REGULATION
Filed: October 16, 2001
Made by the Lieutenant Governor in Council (O.C. 381/2001) on October 16,
2001 pursuant to
Schedule 10
section 2 of the Government Organization Act.
1 The Authorized Accredited Agencies Regulation (AR 184/95) is amended by
this Regulation.
2 The
Schedule is repealed and the following is substituted:
SCHEDULE
1. 2nd Look Inspection Services
122 Meadowlark Blvd N, Lethbridge, Alberta
T1H 4J4
2. 545035 Alberta Ltd. (Inspection Inc.)
Box 5028, Airdrie, Alberta
T4B 2B2
3. 780355 Alberta Ltd.
o/a McKee Inspection Services
16045 - 84 St, Edmonton, Alberta
T5Z 3G5
4. A-1 Inspection Service 540555 Alberta Limited
2634 - 15 Ave SE, Medicine Hat, Alberta
T1A 3S5
5. A. S. Roach Fire Services Ltd.
Box 59, Site 8, RR 2, Stony Plain, Alberta
T7Z 1X2
6. A.B.C. Inspection & Consulting Services
2516 - 116 St, Edmonton, Alberta
T6J 3S2
7. A.W.B. Building Inspection Service Agency
Box 1286, Brooks, Alberta
T1R 1C1
8. Action Elevator Service Ltd.
191, 440 - 10816 MacLeod Tr S, Calgary, Alberta
T2J 5N8
9. Agra Earth and Environmental Limited
4, 5551 - 45 St, Red Deer, Alberta
T4N 1L2
10. AIM Project Services
712 MacLeay Rd NE, Calgary, Alberta
T2E 6A1
11. Alberta Boilers Safety Association
200, 4208 - 97 St, Edmonton, Alberta
T6E 5Z9
12. Alberta Construction Standards Inc.
182, 52512 Range Rd 214, Ardrossan, Alberta
T0B 0E0
13. Alberta Electrical Inspection Services Ltd.
10310 - 76 Ave, Grande Prairie, Alberta
T8W 1Y6
14. Alberta Elevating Devices & Amusement Rides Safety
Association
207, 8616 - 51 Ave, Edmonton, Alberta
T6E 6E6
15. Alberta Elevator Inspection Services Ltd.
Box 5, Site 3, RR 2, Thorsby, Alberta
T0C 2P0
16. Alberta Fire Safety Services
Box 544, Turner Valley, Alberta
T0L 2A0
17. Alberta Inspection Company
Box 1667, Coaldale, Alberta
T1M 1N3
18. Alberta Inspection Services
4829 - 47 St Close, Innisfail, Alberta
T4G 1V4
19. Alberta Permit Pro Inc.
12204 - 145 St, Edmonton, Alberta
T5L 4V7
20. Alberta Propane Vehicle Administration Organization
Propane Gas Association of Canada
2150, 300 - 5 Ave SW, Calgary, Alberta
T2P 3C4
21. Alberta Safety Inspections Inc.
Site 11, Box 17, RR 3, Innisfail, Alberta
T4G 1T8
22. Alcode Inspection Services Inc.
Box 32110, Edmonton, Alberta
T6K 4B5
23. All Trades Inspection Services Ltd.
52258 Range Rd 232, Sherwood Park, Alberta
T8B 1B8
24. Allen and Associates, A Div. of 638101 Alberta Ltd.
Box 7815, Edson, Alberta
T7E 1V9
25. Alsafe Inspections Agency Ltd.
3916 - 44 Ave, Camrose, Alberta
T4V 3H2
26. Altagas Utilities Inc.
5509 - 45 St, Leduc, Alberta
T9E 6T6
27. Artisan Electric
Box 1891, Fort Macleod, Alberta
T0L 0Z0
28. B.E. Inspection Services Ltd.
1, 4646 Riverside Dr, Red Deer, Alberta
T4N 6Y5
29. Badger Electrical Inspection Services
4824 - 48 St, Innisfail, Alberta
T4G 1N6
30. Barrow Electric Inc.
575 Mountain St, Hinton, Alberta
T7V 1H9
31. Biollo Agency Ltd.
60 Caledonia Dr, Leduc, Alberta
T9E 6S6
32. Boiler Inspection & Insurance Company of Canada
18 King St E, Toronto, Ontario
M5C 1C4
33. Bond Electrical Consulting Ltd.
Box 5306, Devon, Alberta
T9G 1Y1
34. Bow Valley Safety Inspections
Box 30, Site 3, RR 1 Strathmore, Alberta
T1P 1J6
35. Bridge Electro-Mech Services Ltd.
8, 135 Jerry Potts Blvd W, Lethbridge, Alberta
T1K 1H2
36. Broere Electric Ltd.
4024 - 49 St, Wetaskiwin, Alberta
T9A 2K2
37. C & M Elevator Maintenance Ltd.
62 Parklane Dr, Strathmore, Alberta
T1P 1R2
38. Canadian Standards Association
1707 - 94 St, Edmonton, Alberta
T6N 1E6
39. Canspec Group Inc.
7450 - 18 St, Edmonton, Alberta
T6P 1N8
40. Certified Building Inspection Services
17231 - 113 St, Edmonton, Alberta
T5X 5X5
41. Chuck's Electrical Inspection Services Ltd.
Box 535, Alix, Alberta
T0C 0B0
42. City of Calgary Electrical Inspection Services
Box 2100, Station M, Mailing Code 8108, Calgary, Alberta
T2P 2M5
43. City of Camrose - Agency
5204 - 50 Ave, Camrose, Alberta
T4V 0S8
44. City of Lethbridge Fire Department & Investigations Agency
1010 - 4 Ave S, Lethbridge, Alberta
T1J 0P5
45. City of Red Deer Fire Prevention Inspection & Investigation
Box 5008, Red Deer, Alberta
T4N 3T4
46. Code Electrical Inspections
Site 1, Box 8, RR 1, Calgary, Alberta
T2P 2G4
47. Code Works Corporation
203 - 112 Kananaskis Way, Kananaskis, Alberta
T1W 2X2
48. Comet Inspection Services
4403 - 41 Ave, Beaumont, Alberta
T4X 1M6
49. Concord Elevator (Alberta) Limited
10215 - 178 St, Edmonton, Alberta
T5S 1M3
50. Consulting, Testing and Inspection Inc.
7606 - 110 St, Edmonton, Alberta
T6G 1G1
51. County of St. Paul No. 19 Inspection Services
5015 - 49 Ave, St. Paul, Alberta
T0A 3A4
52. D.R. Inspections & Permits Ltd.
46 Raabis St, Red Deer, Alberta
T4P 3P1
53. Dana Lewis
7289 Silvermead Rd NW, Calgary, Alberta
T3B 0N1
54. Davis Electrical Inspection Services Ltd.
5916 Tipton Rd NW, Calgary, Alberta
T2K 3L2
55. Demco Enterprises Ltd.
11914 - 94A St, Grande Prairie, Alberta
T8V 4R9
56. Dransfield Inspection Services Ltd.
87 Piper Drive, Red Deer, Alberta
T4P 1L5
57. Ed Agoto Consulting & Inspection Services Inc.
14851 - 21 St, Edmonton, Alberta
T5Y 1S3
58. Edmonton Emergency Response Dept. - Agency
10565 - 105 St, Edmonton, Alberta
T5H 2W8
59. Electrical Inspection Services, Division of Ber-Mac
Electrical
250 - 42 Ave SE, Calgary, Alberta
T2G 1Y4
60. Electro-Check Services
25 Kendrew Dr, Red Deer, Alberta
T4P 3V2
61. Elspect Electrical Ltd.
Bay 3, 1935 - 27 Ave NE, Calgary, Alberta
T2E 7E4
62. Exclusive Building Inspection Agency
184 Tamarack Ave, Hinton, Alberta
T7V 1E2
63. Fine Points Inspection Services
RR 2, Millet, Alberta
T0C 1Z0
64. Fire Investigations and Analysis 280333 Ltd.
1725 - 10 Ave SW, Calgary, Alberta
T3C 0K1
65. Fire Spectrum Incorporated
105 Edenstone Pl NW, Calgary, Alberta
T3A 3Z3
66. G.W. Inspection Services
Box 418, Gibbons, Alberta
T0A 1N0
67. Gen-Dahl Management Corporation Ltd.
Box 3542, Airdrie, Alberta
T4B 2B7
68. Grande Prairie Fire Department - Agency
8111 Resources Road, Grande Prairie, Alberta
T8V 7Y2
69. Grissol, Griselda & Co. Ltd. O/A G G Services
Box 1424, Whitecourt, Alberta
T7S 1P3
70. Hillside Home Inspection Services Inc.
12029 - 79 St, Edmonton, Alberta
T5B 2L4
71. Home Check Inc.
118 Akires Dr, St. Albert, Alberta
T8N 2X5
72. I.J.D. Electrical Inspection Services
4234 - 33 St, Red Deer, Alberta
T4N 0N3
73. J and D Inspection Services
11930 - 67 St, Edmonton, Alberta
T5B 1M3
74. Johnston & Johnston Inspection Services
53062 Range Rd 223, Ardrossan, Alberta
T8E 2M3
75. Kautz Inspection Services
15 Wildflower Cres, Strathmore, Alberta
T1P 1M9
76. Ken McLennan Inc.
Box 112, Islay, Alberta
T0B 2J0
77. Kenonic Controls Division of Emerson Electric Canada Ltd.
7175 - 12 St SE, Calgary, Alberta
T2H 2S6
78. KJA Consultants Inc.
Main floor, 9929 - 108 St, Edmonton, Alberta
T5K 1G8
79. Kokanee Consultants Ltd.
Box 39, Site 3, RR 2, Olds, Alberta
T4H 1P3
80. Kone Inc.
14204 - 128 Ave, Edmonton, Alberta
T5L 3H5
81. Kone Inc
24, 666 Goddard Ave NE, Calgary, Alberta
T2K 5X3
82. L.B. Electrical Inspection Services
6311 - 50A St Close, Ponoka, Alberta
T4J 1E5
83. L.P. Electrical Contracting and Consulting Services Ltd.
Box 637, Pincher Creek, Alberta
T0K 1W0
84. L/R Monsen Agency
7016 - 12 Ave, Edmonton, Alberta
T6K 3P8
85. Leduc County
101, 1101 - 5 St, Nisku, Alberta
T9E 2X3
86. Lerch Bates North America, Inc.
303, 6707 Elbow Dr SW, Calgary, Alberta
T2V 0E5
87. Lexar Inspections Inc.
283 Bulyea Rd NW, Edmonton, Alberta
T6R 1R7
88. Magna IV Engineering Ltd.
200, 4103 - 97 St, Edmonton, Alberta
T6E 6E9
89. Medicine Hat Fire Department
440 Maple Ave SE, Medicine Hat, Alberta
T1A 7S3
90. Michael P. Hermansen
Box 285, Breton, Alberta
T0C 0P0
91. Moffat Building Consultants
1409 Summit St SW, Calgary, Alberta
T3C 2L8
92. Montgomery Inspection Agencies
Box 2530, Lacombe, Alberta
T0C 1S0
93. Municipality of Crowsnest Pass - Agency
Box 600, Blairmore, Alberta
T0K 0E0
94. Nett's Inspection Agency
Box 150, Provost, Alberta
T0B 3S0
95. Newbrook Inspection Agency
Box 1659, Brooks, Alberta
T1R 1B6
96. Northern Alberta Permit Centre
103, 9856 - 97 Ave, Grande Prairie, Alberta
T8V 7K2
97. Nu-Options Permits & Inspections Ltd.
18421 - 91 Ave, Edmonton, Alberta
T5T 1N8
98. O.J. Inspection Services, Division of Peace Country
Consulting
8206 - 102 Ave, Peace River, Alberta
T8S 1N2
99. Otis Canada, Inc.
1230 - 10 Ave SW, Calgary, Alberta
T3C 0J2
100. P.B.M. Associates Ltd., Northern Protection Services
208, 9715 Main St, Fort McMurray, Alberta
T9H 1T5
101. Palliser Regional Municipal Services
703 - 2 Ave, Drumheller, Alberta
T0J 0Y3
102. Paragon Inspection Services
4811 Claret St NW, Calgary, Alberta
T2L 1B9
103. Park Enterprises
6, 3160 - 12 Ave N, Lethbridge, Alberta
T1H 5V7
104. Parkland Building Inspection Services
4016 - 42 St, Stony Plain, Alberta
T7Z 1J8
105. Parkland Inspection Services
4241 - 53 St, Red Deer, Alberta
T4N 2E1
106. Peace Fire Services
Box 5332, Peace River, Alberta
T8S 1R9
107. Peter Holloway Consulting
20 Oakville Cres, Red Deer, Alberta
T4P 1S3
108. Petroleum Tank Management Association of Alberta
980, 10303 Jasper Ave, Edmonton, Alberta
T5J 3N6
109. Phoenix Development and Consulting Inc.
59 Corvette Green NE, Calgary, Alberta
T3K 4P1
110. Poletop High Voltage Inspection
Box 2015, Pincher Creek, Alberta
T0K 1W0
111. Powerline Specialists Inc.
20 Markle Cres, Red Deer, Alberta
T4R 1T1
112. Pro-Acta Inspection Services (Div of 628832 AB Ltd.)
175 Midlawn Close SE, Calgary, Alberta
T2X 1A7
113. Pro-Train Fire and Safety Training Consultants
Box 62, Irricana, Alberta
T0M 1B0
114. Provincial Codes Safety Inspection Services Ltd.
C/o Frey & Associates Engineering Ltd.
Box 7866, Drayton Valley, Alberta
T7A 1S9
115. Public Inspection Agency
201, 596 Riverbend Square NW, Edmonton, Alberta
T6R 2E3
116. QA Projects Ltd.
653 Whiston Wynd, Edmonton, Alberta
T6M 2C3
117. R & E Elevator Ltd.
24 Newlands Ave, Red Deer, Alberta
T4P 1Z9
118. RAE Inspection Service
(1979) Ltd.
111, 4808 - 87 St, Edmonton, Alberta
T6E 5W3
119. Ramco Electrical Inspection
5th fl, 744 - 4 Ave SW, Calgary, Alberta
T2P 3T4
120. Rappel Inspections Ltd.
Box 7385, Peace River, Alberta
T8S 1T1
121. Red Alert (Fire Prevention)
4 Huxley Pl SW, Calgary, Alberta
T2V 3G8
122. Regent Electrical Ltd.
Box 7915, Bonnyville, Alberta
T9N 2J2
123. Res-Com Inspections & Consulting
Box 663, Pincher Creek, Alberta
T0K 1W0
124. River View Inspection Services Ltd.
10828 - 30 St, Edmonton, Alberta
T5W 1V8
125. Ron's Inspection Services
Box 7753, Bonnyville, Alberta
T9N 2J1
126. Rosebud Building Inspection Services
Box 712, Rosebud, Alberta
T0J 2T0
127. Royal & Sun Alliance Insurance Company of Canada
8th fl, 888 - 3 St SW, Calgary, Alberta
T2P 5C5
128. RS Inspection Services
4518 Shannon Dr, Olds, Alberta
T4H 1C1
129. S.L.E. Inspection Services
Box 628, Gibbons, Alberta
T0A 1N0
130. Salus Building and Fire Safety Consultants Inc.
50 Ivy Cres, Sherwood Park, Alberta
T8A 1W4
131. Schindler Elevator Corporation
527 Manitou Rd SE, Calgary, Alberta
T2G 4C2
132. Southeastern Inspection Services
Box 131, Burdett, Alberta
T0K 0J0
133. Sutton, Thomas Engineering Ltd.
200, 6131 - 6 St SE, Calgary, Alberta
T2H 1L9
134. Synergy Inspection Services
11008 - 162A Ave, Edmonton, Alberta
T5X 2A1
135. Taylor Quality Management (TQM)
Box 622, Millet, Alberta
T0C 1Z0
136. Technique Inspection Agency
5318 - 38 Ave, Taber, Alberta
T1G 1B8
137. The Inspections Group Inc.
13124 St. Albert Trail, Edmonton, Alberta
T5L 4P6
138. Thyssen Elevator Limited
3-4, 6320 - 11 St SE, Calgary, Alberta
T2H 2L7
139. Town & Country Inspection Services
5616 - 43 St Close, Olds, Alberta
T4H 1C3
140. Town of Didsbury - Agency
Box 790, Didsbury, Alberta
T0M 0W0
141. Town of Lacombe - Agency
5034 - 52 St, Lacombe, Alberta
T4L 1A1
142. Town of Whitecourt - Agency
Box 509, Whitecourt, Alberta
T7S 1N6
143. Transalta Utilities
100 Chippewa Rd, Sherwood Park, Alberta
T8A 4H4
144. Ultima Inspection Agency Corporation
Box 746, Cochrane, Alberta
T4C 1A8
145. UMA Inspection Services
514 Stafford Dr N, Lethbridge, Alberta
T1J 3Z4
146. Val-Zehan Inspection Services
Box 757, Fort Macleod, Alberta
T0L 0Z0
147. Vinspec Ltd.
Box 1342, Sundre, Alberta
T0M 1X0
148. Virtue Project Inspection & Management Services Inc.
10708 - 176 St, Edmonton, Alberta
T5S 1G7
149. Westcan Fire Safety Services
1111, 4944 Dalton Dr NW, Calgary, Alberta
T3A 2E6
150. Western Ropeway Services
Box 2766, Banff, Alberta
T0L 0C0
151. Yellowhead Executive Services
Box 6852, Edson, Alberta
T7E 1V2
Alberta Regulation 187/2001
Expropriation Act
EXPROPRIATION ACT RULES OF PROCEDURE AND PRACTICE
Filed: October 16, 2001
Made by the Lieutenant Governor in Council (O.C. 383/2001) on October 16,
2001 pursuant to
section 28 of the Expropriation Act.
Table of Contents
Definitions 1
Application for determination of compensation 2
Reply to application for determination of compensation 3
Notice to commence proceedings 4
Claimant must file application 5
Respondent denies compensation 6
Order appointing time and place of hearing 7
Respondent must serve notice 8
Provision of information 9
Commencement of other proceedings 10
Substantial compliance 11
Forms 12
Enlarging or abridging time 13
Combining hearings 14
Rules of Court apply 15
Adjourning proceedings 16
Proceedings before Board 17
Summons 18
Repeal 19
Expiry 20
Schedule
Definitions
1 In these Rules,
(a) "Act" means the Expropriation Act;
(b) "application for determination of compensation" means an
application for determination of compensation in Form 1 of the Schedule;
(c) "Board" means the Land Compensation Board;
(d) "claimant" means an owner who
(
i) has instituted proceedings under
section 36(1)(
b) of the Act, or
(ii) has been served with a notice to commence
proceedings under
section 4;
(e) "hearing" means a hearing by the Board under
Part 2 of the Act;
(f) "notice to commence proceedings" means a notice to commence
proceedings in Form 3 of the Schedule;
(g) "reply to application for determination of compensation" means
a reply to application for determination of compensation in Form 2 of the
Schedule;
(h) "respondent" means an expropriating authority who
(
i) has instituted proceedings under
section 36(1)(
a) of the Act, or
(ii) has been served with an application for
determination of compensation under
section 2.
Application for determination of compensation
2(1) A claimant may institute proceedings under
section 36(1)(
b) of the
Act by serving on the respondent an application for determination of
compensation.
(2) The claimant must, within 10 days of service of the application for
determination of compensation on the respondent, file with the Board a copy
of the application and an affidavit proving service of the application.
Reply to application for determination of compensation
3(1) Where a respondent has been served with an application for
determination of compensation, the respondent must, within 21 days of
service of the application, serve on the claimant a reply to application
for determination of compensation.
(2) The respondent must, within 10 days of service of a reply to
application for determination of compensation on the claimant, file with
the Board a copy of the reply and an affidavit proving service of the
reply.
Notice to commence proceedings
4(1) A respondent may institute proceedings under
section 36(1)(
a) of the
Act by serving on the claimant a notice to commence proceedings.
(2) The respondent must, within 10 days of service of the notice to
commence proceedings on the claimant, file with the Board a copy of the
notice and an affidavit proving service of the notice.
Claimant must file application
5 Where a claimant has been served with a notice to commence proceedings
and desires that a hearing be held to determine compensation, the claimant
must, within 21 days of service of the notice, serve on the respondent an
application for determination of compensation in accordance with
section 2.
Respondent denies compensation
6(1) If a respondent denies that a claimant is entitled to compensation
under the Act, the respondent must raise the denial in the respondent's
reply to the application for determination of compensation, setting out the
relevant facts and statutory provisions relied on by the respondent.
(2) If a respondent fails to raise a denial in accordance with subsection
(1), the respondent may not raise the denial at the hearing.
Order appointing time and place of hearing
7(1) At any time after 30 days of service of an application for
determination of compensation, either the claimant or respondent may apply
to the Board by notice of motion for an order appointing the time and place
for the hearing.
(2) When an order has been made under subsection (1), the Board must, at
least 30 days before the hearing date, send to the claimant and respondent
by ordinary mail a notice of the time and place for the hearing.
Respondent must serve notice
8(1) On receipt of a notice under
section 7(2) the respondent must, at
least 20 days before the hearing date, serve a copy of the notice on all
owners and any other person who, to the knowledge of the respondent, claims
to be entitled as an owner to any interest in the land expropriated or the
whole or any part of the compensation that may be awarded.
(2) The respondent must within 10 days of service of the notice on the
persons under subsection (1) file with the Board an affidavit proving
service of the notice.
Provision of information
9 The respondent and the claimant must, at least 14 days prior to the
hearing, furnish to each other and the Board
(
a) copies of all appraisal reports and other documentary evidence
that the person intends to introduce at the hearing, and
(
b) the names, addresses and, in the case of experts, the
qualifications of any witnesses that the person intends to call at the
hearing.
Commence-ment of other proceedings
10(1) Except as otherwise provided by the Act or this Regulation,
proceedings before the Board for an order, decision or determination of the
Board must be commenced by notice of motion.
(2) A notice of motion referred to in subsection (1) must
(
a) be filed with the Board and served on all parties who may be
affected by the order, decision or determination sought, and
(
b) be returnable not earlier than 7 days before and not later than
15 days after the notice of motion is served.
Substantial compliance
11 No proceeding before the Board may be defeated by reason of any
failure to comply with these Rules if there has been substantial compliance
and no party has been prejudiced by the failure to comply.
Forms
12 The forms in the
Schedule may be varied as circumstances or the nature
of the application require and if no form is prescribed the Board may, on
application or inquiry, determine and direct what form must be used.
Enlarging or abridging time
13 The Board may, on any conditions it considers proper, enlarge or
abridge the time appointed by these Rules for doing anything or taking any
proceedings.
Combining hearings
14 If 2 or more applications for determination of compensation have a
common question of law or fact or arise out of the same expropriation or
series of expropriations, the Board may order that the applications be
heard simultaneously or consecutively.
Rules of Court apply
15(1) Subject to subsection (2), the Alberta Rules of Court (AR 390/68),
apply, with necessary modifications, to each of the following matters to
the extent the matter is not otherwise dealt with under these Rules:
(
a) examinations for discovery;
(
b) production of documents;
(
c) notices to admit facts.
(2) For the purposes of these Rules,
(
a) a reference to a statement of claim in the Alberta Rules of
Court (AR 390/68) is to be interpreted as a reference to an application for
determination of compensation, and
(
b) a reference to a statement of defence in the Alberta Rules of
Court (AR 390/68) is to be interpreted as a reference to a reply to an
application for determination of compensation.
Adjourning proceedings
16 The Board may adjourn any proceedings before it.
Proceedings before Board
17 Subject to these Rules, any proceedings before the Board must be held
in accordance with the procedures directed by the Board.
Summons
18 A summons to a witness under
section 28 of the Act
(
a) must be in Form 4 of the Schedule,
(
b) may be issued in the name of the Board by any member of it at
the request of a party, and
(
c) must be served personally on the person to whom it is
addressed.
Repeal
19 The Board Procedures Regulations (AR 15/75) are repealed.
Expiry
20 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be repassed in
its present or an amended form following a review, this Regulation expires
on November 30, 2005.
SCHEDULE
FORM 1
APPLICATION FOR DETERMINATION
OF COMPENSATION
Claimant (give full name and address of owner)
Respondent (correct name and address of the expropriating
authority from which compensation is claimed)
1. Take notice that the claimant requires that compensation claimed by the
claimant from the respondent with respect to the land described below be
determined by the Land Compensation Board or the Surface Rights Board, as
the case may be.
2. The claimant claims compensation for the claimant's interest as:
(describe claimant's interest)
in the following land expropriated by the respondent:
(describe land)
3. Statement of claim.
(The claimant should set out in this paragraph clearly and concisely in sub
paragraphs lettered consecutively the amount claimed under each element of
compensation, the basis on which each claim is calculated and the facts in
support of each element of compensation claimed.)
This application is made by (claimant or solicitor for the claimant)
(give full address)
and the address at which documents may be served on the claimant is (give full address)
Dated this day of 20 .
(claimant or solicitor for
claimant)
FORM 2
REPLY TO APPLICATION FOR
DETERMINATION OF COMPENSATION
Claimant (give full name and address of owner)
Respondent (correct name and address of the expropriating authority from
which compensation is claimed)
1. A certificate of approval for expropriation by the respondent of the
land in respect of which the claimant is claiming compensation was issued
by (correct name of the approving authority)
on the day of 20 .
A copy of the certificate of approval with an abstract showing the
registration of the certificate in the appropriate Land Titles Office is
attached.
2. A written notice setting out the appraisal and the proposed payment
tendered by the expropriating authority to the claimant was served on the
claimant on the day of 20 .
A copy of the notice of the proposed payment with the appraisal and the
affidavit proving service of the notice on the claimant is attached.
3. The respondent admits (paragraphs one, two, three and four as the
case may be) of the claimant's application for determination of
compensation.
4. The respondent says (state the facts which the respondent alleges as
grounds for its reply) .
This reply is made by ( respondent or solicitor for the respondent)
(give full address)
and the address at which documents may be served on the respondent is: (give full address)
Dated this day of 20 .
(respondent or solicitor for the respondent)
FORM 3
NOTICE TO COMMENCE PROCEEDINGS
Claimant (give full name and address of owner)
Respondent (correct name and address of the expropriating authority
responsible for payment of compensation)
1. A certificate of approval for expropriation by the respondent of the
following land (describe land) in which the claimant has an
interest (describe claimant's interest) was issued by (correct
name of the approving authority) on the day of
20 .
A copy of the certificate of approval with an abstract showing the
registration of the certificate in the appropriate Land Titles Office is
attached.
2. A written notice setting out the appraisal and the proposed payment
tendered by the expropriating authority to the claimant was served on the
claimant on the day of 20 .
A copy of the notice of the proposed payment with the appraisal and the
affidavit proving service of the notice on the claimant is attached.
3. Take notice that the respondent requires that the compensation, if any,
to be paid by it to the claimant with respect to the land above described
be determined.
4. Further take notice that if the proposed payment above referred to is
not acceptable the claimant must within 21 days of service of this notice
commence proceedings
(
a) before the Land Compensation Board or the Surface Rights Board,
as the case may be, by the filing of an application for determination of
compensation, or
(
b) if applicable, before the Court of Queen's Bench of Alberta as
permitted under
section 29(3) of the Expropriation Act.
This notice is given by (respondent or solicitor for the respondent)
(give full address)
and the address at which documents may be served on the respondent is: (give full address)
(respondent or solicitor for respondent)
FORM 4
SUMMONS TO A WITNESS
Between:
Claimant
- and -
Respondent
TO:
(Name and Address of person being summoned)
You are hereby summoned and required to attend before the Board
at a hearing to be held at in the of
in the Province of Alberta on the day of , 20 at the
hour of and thereafter from day to day until the hearing is
concluded or the Board otherwise orders, to give evidence on oath touching
the matters in question in the proceedings and to bring with you and
produce at that time and place any books, papers and documents that are in
your custody and possession and may relate to the matters in question.
If, without lawful excuse, you fail to attend and give evidence
at the hearing or to produce the books, papers and documents at the time
and place specified you may, pursuant to
section 28 of the Expropriation
Act, be required by the Court of Queen's Bench to attend or to produce the
documents, or both, and, on failure to comply, you may be liable to be
committed for contempt of Court.
Dated at this day of , 20 .
BOARD
Alberta Regulation 188/2001
Expropriation Act
EXPROPRIATION ACT FORMS REGULATION
Filed: October 16, 2001
Made by the Lieutenant Governor in Council (O.C. 384/2001) on October 16,
2001 pursuant to
section 72 of the Expropriation Act.
Forms
1 The forms in the
Schedule are the forms prescribed for the purposes of
the sections of the Act indicated on them.
Repeal
2 The Forms Regulation (AR 473/81) is repealed.
Expiry
3 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be re-passed
in its present or an amended form following a review, this Regulation
expires on November 30, 2005.
SCHEDULE
FORM 1
EXPROPRIATION ACT
(Section 8)
NOTICE OF INTENTION TO EXPROPRIATE
1 Take Notice That (full description or name of expropriating authority)
intends to expropriate the following land:
(description of land or a survey
plan showing the land required
outlined in red)
2 The nature of the interest in the land intended to be expropriated is:
(describe nature of the interest)
3 The work or purpose for which the interest in the land is required is:
(describe the work or purpose)
Section 6 of the Act provides that:
6(1) No person may in any proceedings under this Act dispute the
right of an expropriating authority to have recourse to expropriation.
(2) In any proceedings under this Act the owner may question whether
the taking of the land, or the estate or interest therein, is fair, sound
and reasonably necessary in the achievement of the objectives of the
expropriating authority.
Section 10 of the Act provides that:
10(1) An owner who desires an inquiry shall serve the approving
authority with a notice of objection,
(
a) in the case of an owner served in accordance with
section 8(2), within 21 days of service on him of the notice of intention,
and
(
b) in any other case, within 21 days after the first
publication of the notice of intention.
(2) The notice of objection shall state
(
a) the name and address of the person objecting,
(
b) the nature of the objection,
(
c) the grounds on which the objection is based, and
(
d) the nature of the interest of the person objecting.
6 A person affected by the proposed expropriation does not need to serve
a notice of objection to the expropriation in order to preserve his right
to have the amount of compensation payable determined by the Board or the
Court, as the case may be.
7 The approving authority with respect to this expropriation is: (give
full name and address of the approving authority).
Dated this day of , 20
(signature of appropriate official of
the expropriating authority)
(full name and address of the
expropriating authority)
FORM 2
EXPROPRIATION ACT
(Section 10)
NOTICE OF OBJECTION
Take Notice That
1 (full name(s), and address(es) of the persons(
s) objecting)
hereby object to the expropriation of the interest in the land set forth in
the Notice of Intention to Expropriate dated the day
of , 20 relating to the proposed expropriation by
(full name and address of the expropriating authority)
2 (set out the nature of the objection)
3 (set out the grounds on which the objection is based)
4 (describe fully the nature of the interest in the land of the person(
s) objecting)
Dated this day of , 20
(signature of the person(
s) objecting or
the Solicitor of the person(
s) objecting)
(full name and address of
that person(
s) or Solicitor)
To (name and address of the approving authority)
FORM 3
EXPROPRIATION ACT
(Section 15)
NOTICE OF INQUIRY
Take Notice That (name of inquiry officer) , as inquiry officer
appointed by the Minister of Justice and Attorney General for Alberta, will
hold an inquiry at the following time and place: . The
inquiry officer will inquire into whether the intended expropriation by
(name of expropriating authority) of (describe the land and the
interest therein intended to be expropriated) is fair, sound and reasonably
necessary in the achievement of the objectives of the expropriating
authority.
Dated this day of , 20
(name and signature of the inquiry officer)
To (each person who has objected) (the expropriating authority)
FORM 4
EXPROPRIATION ACT
(Section 18)
CERTIFICATE OF APPROVAL
(name and address of approving authority) hereby approves the
expropriation of the following land: (describe the land expropriated
fully or by reference to a plan of survey either accompanying the
certificate or previously registered.)
1 The nature of the interest in the land expropriated is
2 The work or purpose for which the interest in the land is expropriated
3 The expropriating authority is (name and address of the
expropriating authority)
4 The land stands in the Register of the Alberta
Land Registration District in the name(
s) of in
Certificate of Title Number
Dated this day of , 20
(signature of appropriate official
of the approving authority)
(full name and address of
the approving authority)
(In the case of expropriation by a municipality, a certified copy of the
resolution or bylaw approving the expropriation must be attached to this
certificate.)
FORM 5
EXPROPRIATION ACT
(Section 24)
NOTICE OF ABANDONMENT OF EXPROPRIATION
Take Notice That
1 (name of expropriating authority) does hereby abandon its intention
to expropriate any interest in the land described as:
standing in the Register of the
Alberta Land Registration District in the name(
s) of
under Certificate of Title Number
2 The Registrar of the Alberta Land Registration
District is hereby requested to cancel and discharge the Notice of
Intention to Expropriate dated day of
, 20 and registered on the day of
, 20 as Number
Dated this day of , 20
(signature of appropriate official
of expropriating authority)
(full name and address
of expropriating authority)
All owners
The Approving Authority
The Registrar of Land Titles
FORM 6
EXPROPRIATION ACT
(Section 31)
NOTICE OF EXPROPRIATION
To (name of the owner)
(address)
Take Notice That
1 The following land
(set out description)
has been expropriated on the day of
, 20 and is now vested in the expropriating authority.
(Where the expropriated estate or interest is less than a fee simple, the
interest will be stated, e.g., right of way for a pipe line.)
2 The name and address of the expropriating authority for service and
further communication is:
(name)
(address)
3 For your information and convenience we will set out the provisions
dealing with your right to immediate payment of compensation based on an
appraisal report, dealing with the expropriating authority's right to take
possession and dealing with your right to costs.
(The relevant sections will be attached; they are sections 29, 31, 32, 33,
35, 37 and 64.)
4 If you are not satisfied with the amount the expropriating authority is
willing to pay, you may take the matter to the (Land Compensation Board or
the Surface Rights Board, as the case may be) at
(Where the expropriating
authority is the Crown, add: or if you prefer you may commence proceedings
in the Court of Queen's Bench.)
5 If you do not commence proceedings within one year of the date of
receipt by you of the written notification of the proposed payment given by
the expropriating authority, the amount of the proposed payment shall be
conclusively deemed to be the full compensation to which you are entitled.
FORM 7
EXPROPRIATION ACT
(Section 31)
NOTICE OF PROPOSED PAYMENT
To (name of owner)
(address)
Take Notice That
1 (name of expropriating authority) has on the
day of , 20 served on you a Notice of
Expropriation.
2 (name of expropriating authority) has had an appraisal made of the
interest in the land expropriated as more particularly described in the
Notice of Expropriation and a written copy of such appraisal is attached.
3 Based on such written appraisal the (name of expropriating authority)
proposes to pay to you the amount of ( ) dollars
in full satisfaction of any claim that you may have with respect to the
land expropriated. The amount is determined as follows:
(list those separate items and amounts, including severance damage,
that make up the said amount)
4 For your information and consideration we again direct your attention
to those sections of the Act set out in item 3 of the Notice of
Expropriation served on you dealing with your right to immediate payment of
the amount of compensation set out in this Notice, dealing with the
expropriating authority's right to take possession and dealing with your
right to costs.
Dated this day of , 20
(signature of appropriate official
of expropriating authority)
(name and address of expropriating authority)
FORM 8
EXPROPRIATION ACT
(Section 64)
NOTICE OF POSSESSION
To (name of person in possession)
(address of person in possession)
Take Notice That
1 (name of expropriating authority) has registered in the Land Titles
Office for the Alberta Land Registration District on
the day of , 20 as Number
a Certificate of Approval issued by (name of approving
authority) .
2 (name of expropriating authority) has on the
day of , 20 served on you a Notice of
Expropriation.
3 (name of expropriating authority) will require and hereby demands
possession of the expropriated interest in the land described as
(describe land and interest therein) , on the day of
, 20 .
Dated this day of , 20
(signature of appropriate official
of the expropriating authority)
(name and address of expropriating authority)
------------------------------
Alberta Regulation 189/2001
Surface Rights Act
SURFACE RIGHTS ACT GENERAL REGULATION
Filed: October 16, 2001
Made by the Lieutenant Governor in Council (O.C. 385/2001) on October 16,
2001 pursuant to
section 44 of the Surface Rights Act.
Table of Contents
Application for right of entry order 1
Land other than Crown land 2
Crown land 3
Additional approvals and permits 4
Plan required with application 5
Requirements of plan 6
Additional land required 7
More than one plan 8
Additional copies of plan required 9
Termination of right of entry order 10
Local distribution system 11
Fees 12
Forms 13
Repeal 14
Expiry 15
Schedules
Application for right of entry order
1 An application for a right of entry order must be in the form shown in
Schedule 1.
Land other than Crown land
2 Where an application for a right of entry order pertains to land other
than Crown land, the application must be accompanied by a certified copy
of the certificate of title for the land.
Crown land
3 Where an application for a right of entry order pertains to Crown land,
the application must be accompanied by
(
a) a search from the department or other body charged with
administering the land, and
(
b) if there is a certificate of title for the land, a certified
copy of the certificate of title.
Additional approvals and permits
4(1) Where an application for a right of entry order pertains to a well
site, the application must be accompanied by a copy of the well licence
issued with respect to the well by the Alberta Energy and Utilities Board
under the Oil and Gas Conservation Act.
(2) Where an application for a right of entry order pertains to a battery
site, the application must be accompanied by a copy of the approval for
construction and operation issued by the Alberta Energy and Utilities Board
under the Oil and Gas Conservation Regulations (AR 151/71).
(3) Where an application for a right of entry order pertains to a
pipeline, the application must be accompanied by a copy of the licence
granted by the Alberta Energy and Utilities Board under the Pipeline Act.
(4) Where an application for a right of entry order pertains to a power
transmission line, the application must be accompanied by a copy of the
approval granted by the Alberta Energy and Utilities Board under the Hydro
and Electric Energy Act.
(5) Where an application for a right of entry order pertains to a
telephone line, the application must be accompanied by a copy of the
certificate of approval granted by the Minister under
section 31 of the
Water, Gas and Electric Companies Act.
Plan required with application
5(1) Where an application for a right of entry order pertains to land that
cannot be conveniently described, the application must be accompanied by a
plan prepared by a surveyor or engineer showing
the location, dimensions and acreage of the land required coloured or
outlined in red, except that where the land required is for a pipeline,
power transmission line or telephone line, the location, dimensions and
acreage of the land must be coloured or outlined in green.
(2) All measurements and distances of a plan required under subsection (1)
must be tied
(
a) to a survey monument, or
(
b) to a monument shown on a plan of record in a Land Titles Office
or in the office of the Director of Surveys.
Requirements of plan
6 A plan prepared in accordance with
section 17 of the Act must
(
a) be drawn on a minimum scale of one inch to one mile, and
(
b) show the approximate dimensions of the land required coloured
or outlined in red, except that where the land required is for a pipeline,
power transmission line or telephone line, the approximate dimensions of
the land must be coloured or outlined in green.
Additional land required
7(1) If an operator requires the surface of additional land after the
Board has granted the operator a right of entry order, but before the Board
has made a compensation order, the operator may
(
a) request the Board to amend the right of entry order to include
the surface of the additional land if no person, other than the respondents
named in the order, has an interest in the land and the request is
accompanied by
(
i) a consent to the amendment from each respondent,
and
(ii) a description of the additional land or, where the
additional land cannot be conveniently described, a plan prepared in
accordance with
section 5,
(
b) make a new application for a right of entry order with respect
to the surface of the additional land required.
(2) A request under subsection (1)(
a) for which a plan is required must be
accompanied by a sufficient number of copies of the plan, without colouring
or outlining, so that there is one copy for each respondent plus 5
additional copies.
More than one plan
8 Where an application for a right of entry order has more than one plan
attached, the application must refer to each plan by letter or number and
the plans must be identified by the corresponding letter or number.
Additional copies of plan required
9 An application for a right of entry order for which a plan is required
must be accompanied by a sufficient number of copies of the plan, without
colouring or outlining, so that there is one copy for each respondent plus
5 additional copies.
Termination of right of entry order
10(1) A request under
section 31 of the Act for an order terminating a
right of entry order as to the surface of the land or any part of it must
be in writing.
(2) A copy of the request referred to in subsection (1) must be given,
(
a) if the operator makes the request, by the operator to each
respondent named in the right of entry order, and
(
b) if a respondent makes the request, by the respondent to the
operator and to any other respondents named in the right of entry order.
(3) Where a request under
section 31 of the Act is for an order
terminating a right of entry order as to the surface of a part of the land
and the land in the right of entry order is defined by a plan or map, the
request must be accompanied by a plan or map showing the location,
dimensions and acreage of
(
a) the part of the land for which the right of entry order is to
be terminated coloured or outlined in yellow, and
(
b) the part of the land for which the right of entry order is to
be retained coloured or outlined in red, except that where the land to be
retained is for a pipeline, power transmission line or telephone line, it
must be coloured or outlined in green.
(4) A request under subsection (3) must be accompanied with a sufficient
number of copies of the plan or map, without colouring or outlining, so
that there is one copy for each respondent plus 5 additional copies.
Local distribution system
11(1) For the purposes of this section, "local distribution system" means
a rural electric distribution system or a rural telephone distribution
system.
(2) An operator of a local distribution system is hereby exempted from the
requirements of sections 19 and 20 of the Act with respect to the
operator's operations in connection with the local distribution system.
Fees
12 The fees prescribed for the purposes of
section 5(1)(
d) of the Act are
as follows:
(a) $4 for each certified copy of an order, exclusive of a plan;
(b) $3 for each certified copy of a plan;
(c) $10 for a copy of a decision given in connection with an order
where the decision is 10 pages or less in length;
(d) $15 for a copy of a decision where the decision is 11 to 15
pages in length;
(e) $20 for a copy of a decision where the decision is more than 15
pages in length.
Forms
13(1) A notice under
section 15(4) of the Act must be in the form shown in
Schedule 2.
(2) A letter of consent under
section 15(4) of the Act must be in the form
shown in
Schedule 3.
Repeal
14 The General Regulation (AR 238/83) is repealed.
Expiry
15 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be repassed in
its present or an amended form following a review, this Regulation expires
on November 30, 2005.
SCHEDULE 1
SURFACE RIGHTS ACT
(Section 15)
APPLICATION
In the matter of:
(land description)
BETWEEN
Applicant
- and -
(name) of (address) Respondent(
s) The applicant hereby applies for a right of entry order in respect of the
surface of the following land:
(Here give description and area of land required or refer to a plan
attached.)
1 The applicant has the right to apply to the Surface Rights Board for a
right of entry order by virtue of
(here give particulars)
2 The applicant requires the land for the following purpose(s):
3 The owner of the land is (name and address)
4 The occupant(
s) of the land is (are)
(name) (address) (nature of occupancy)
5 The applicant has been unable to reach an agreement for the acquisition
of the required interest in the surface of the land with the respondent(
s) because
(Here deal separately with each respondent with whom no agreement has been
reached. Attach separate sheet if necessary.)
6 The applicant requires immediate right of entry in respect of the
surface of the land.
7 The applicant's address for service is
Dated at the of in the Province
of Alberta, this day of 20 .
(applicant)
TO: The Secretary
Surface Rights Board
(give full address of the Board)
SCHEDULE 2
SURFACE RIGHTS ACT
(Section 15(4))
NOTICE
Re: (land description)
BETWEEN:
Applicant
- and -
Respondent(
s) TAKE NOTICE that an application in the form attached hereto has been made
to the Surface Rights Board pursuant to the Surface Rights Act for a right
of entry order with respect to the above land;
AND FURTHER TAKE NOTICE that the Board may issue the order applied for
after 14 clear days from the date of service of this Notice and without any
further notice to you;
AND FURTHER TAKE NOTICE that if you wish to object to the issue of the
right of entry order you may do so by written notice, together with written
reasons for the objection, to the Board at:
(address of the Board)
Dated at , Alberta, this day of , 20 .
(name and address of applicant)
TO: (name and address of respondent)
SCHEDULE 3
SURFACE RIGHTS ACT
(Section 15(4))
LETTER OF CONSENT
In the matter of:
(land description)
BETWEEN
Applicant
- and -
Respondent(
s) I, (name and address of respondent)
acknowledge receipt of a copy of an application and plan, dated the
day of , 20 .
I consent to the Surface Rights Board issuing an order granting right of
entry in accordance with the application and plan.
It is understood that execution of this letter of consent does not in any
way affect my rights to compensation.
Dated at the of in the Province of Alberta, this
day of 20 .
(witness) (respondent)
(address and occupation of witness)
TO: The Secretary Surface Rights Board
(give full address of the Board)
Alberta Regulation 190/2001
Surface Rights Act
SURFACE RIGHTS ACT RULES OF PROCEDURE AND PRACTICE
Filed: October 16, 2001
Made by the Lieutenant Governor in Council (O.C. 386/2001) on October 16,
2001 pursuant to
section 44 of the Surface Rights Act.
Table of Contents
Commencement of right of entry proceedings 1
Withdrawal of application 2
Additional information 3
Written representations 4
Absence of party 5
Personal representative 6
Proof of service 7
Request to review, rescind or amend a decision or
order of the Board 8
Repeal 9
Expiry 10
Commence-ment of right of entry proceedings
1 An operator who wishes to apply for a right of entry order must file
with the secretary of the Board an application in the form shown in
Schedule 1 to the Surface Rights Act General Regulation.
Withdrawal of application
2(1) An operator who wishes to withdraw an application for a right of
entry order filed with the Board must, in writing, request the Board to
cancel the application.
(2) The operator's request under subsection (1) must contain evidence
satisfactory to the Board that each of the respondents described in the
application has no claim for damages, costs or expenses in connection with
the application.
Additional information
3 Before granting a right of entry order, the Board may require the
operator to submit any additional information not contained in the
application that the Board considers necessary.
Written represent-ations
4 A party to any proceedings before the Board who will not be present or
represented at a hearing held by the Board may submit written
representations to the Board on or before the time fixed for the hearing.
Absence of party
5 The Board may conduct a hearing in the absence of any party to any
proceedings before the Board if the party has been given proper notice of
the hearing.
Personal representative
6 If a party to any proceedings before the Board wishes to appoint a
person other than a solicitor to represent that party, an appointment
acceptable to the Board must be submitted to the Board on or before the
time fixed for the hearing held by the Board.
Proof of service
7 Proof of service of an application, notice, order or other document in
any proceedings before the Board must be by affidavit.
Request to review, rescind or amend a decision or order of the Board
8(1) A request by any party to have the Board review, rescind or amend a
decision or order made by the Board must be in writing and set out clearly
the reason or reasons for the request.
(2) The Board may hold an inquiry into the request if, in the opinion of
the Board, the matters raised by the request justify an inquiry.
Repeal
9 The Rules of Procedure and Practice of the Surface Rights Board (AR
239/83) are repealed.
Expiry
10 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be repassed in
its present or an amended form following a review, this Regulation expires
on November 30, 2005.
------------------------------
Alberta Regulation 191/2001
Business Corporations Act
BUSINESS CORPORATIONS AMENDMENT REGULATION
Filed: October 16, 2001
Made by the Lieutenant Governor in Council (O.C. 387/2001) on October 16,
2001 pursuant to
section 254 of the Business Corporations Act.
1 The Business Corporations Regulation (AR 118/2000) is amended by this
Regulation.
Section 3 is amended by striking out "4 and 5" and substituting "4, 5
and 5.1".
3 The following is added after
section 5:
Identical names
5.1(1) A corporation or extra-provincial corporation may have a name
that is identical to the name of a body corporate incorporated in Alberta
(
a) the body corporate has ceased to use the name,
(
b) the name is not a number name,
(
c) the body corporate and the corporation or
extra-provincial corporation, as the case may be, were affiliated at the
time the body corporate ceased to use the name,
(
d) the body corporate has consented in writing to the
use of the name, and
(
e) the corporation or extra-provincial corporation, as
the case may be, undertakes to amend all titles and public registrations in
the name of the body corporate to reflect the change within 6 months.
(2) A corporation or extra-provincial corporation may have a name
that is identical to the name of a dissolved body corporate if
(
a) the name is not a number name,
(
b) the dissolved body corporate and the corporation or
extra-provincial corporation, as the case may be, were affiliated at the
time the dissolved body corporate was dissolved,
(
c) the dissolved body corporate had consented in
writing before it was dissolved to the use of the name, and
(
d) the corporation or extra-provincial corporation, as
the case may be, undertakes to amend all titles and public registrations in
the name of the dissolved body corporate to reflect the change within 6
months.
(3) If an undertaking under subsection (1)(
e) or (2)(
d) is not
carried out, the Registrar may, by notice in writing, giving reasons,
direct the corporation or extra-provincial corporation, as the case may be,
to change its name to one that the Registrar approves within 90 days of the
date of notice.
Alberta Regulation 192/2001
Freehold Mineral Rights Tax Act
FREEHOLD MINERAL RIGHTS TAX AMENDMENT REGULATION
Filed: October 16, 2001
Made by the Lieutenant Governor in Council (O.C. 395/2001) on October 16,
2001 pursuant to
section 23 of the Freehold Mineral Rights Tax Act.
1 The Freehold Mineral Rights Tax Regulation (AR 12/84) is amended by
this Regulation.
Section 5(1) is amended by striking out "March 1" and substituting
"January 15".
3 This Regulation is effective in respect of a tax payable in respect of
a petroleum right or natural gas right under
section 5 as of January 1,
------------------------------
Alberta Regulation 193/2001
Highway Traffic Act
SPECIAL MOTOR VEHICLES INSPECTION AMENDMENT REGULATION
Filed: October 16, 2001
Made by the Lieutenant Governor in Council (O.C. 399/2001) on October 16,
2001 pursuant to
section 12 of the Highway Traffic Act.
1 The Special Motor Vehicles Inspection Regulation (AR 185/96) is amended
by this Regulation.
Section 45 is amended by striking out "October 31, 2001" and
substituting "December 31, 2002".
Alberta Regulation 194/2001
Wildlife Act
WILDLIFE AMENDMENT REGULATION
Filed: October 17, 2001
Made by the Minister of Sustainable Resource Development (M.O. 39/2001) on
October 10, 2001 pursuant to sections 15, 25 and 96 of the Wildlife Act.
1 The Wildlife Regulation (AR 143/97) is amended by this Regulation.
Section 107 is amended
(
a) in subsection (2) by adding "or raccoon" after "animals";
(
b) by repealing subsection (3) and substituting the following:
(3) This
section does not apply to a person trapping wolf, coyote,
lynx, bobcat or raccoon with a leg-hold trap that
(
a) does not have jaws with teeth, hooks, claws, barbs
or other projections, but
(
b) has
(i) 2 steel parallel jaws that are at least
9 mm thick,
(ii) offset jaws that do not touch over
their full length when closed on each other, or
(iii) jaws designed or modified to prevent
any metallic surface from contacting the animal.
(4) This
section does not apply to a person trapping fox.
Schedule 15 is amended
(
a) in
section 7(3)
(
i) in clause (
a) by striking out "7" and substituting
"8";
(ii) in clause (
b) by striking out "6 female cougar or
12 cougar" and substituting "7 female cougar or 13 cougar";
(iii) in clause (
g) by striking out "9 female cougar or
17 cougar" and substituting "6 female cougar or 12 cougar";
(iv) in clause (
h) by striking out "7 female cougar or
14 cougar" and substituting "9 female cougar or 18 cougar";
(
v) in clause (
i) by striking out "4 female cougar or 8
cougar" and substituting "3 female cougar or 6 cougar";
(vi) in clause (
j) by striking out "11 female cougar or
22 cougar" and substituting "15 female cougar or 29 cougar";
(vii) in clause (
k) by striking out "2 female cougar or 5
cougar" and substituting "4 female cougar or 7 cougar";
(viii) in clause (
l) by striking out "3" and
substituting "4";
(ix) in clause (
m) by striking out "2 female cougar or 4
cougar" and substituting "3 female cougar or 5 cougar";
(
x) in clause (
n) by striking out "2 female cougar or 4
cougar" and substituting "1 female cougar or 2 cougar";
(xi) in clause (
o) by striking out "4" and substituting
"5";
(
b) by adding the following after
section 8:
8.1 The open seasons for the hunting of fur-bearing animals in WMU
346 with reference to Table 5 apply also to all lands designated as Obed
Lake Provincial Park in accordance with the Provincial Parks Act.
8.2 The open seasons for the hunting of fur-bearing animals in WMU
346 with reference to Table 5 apply also to all lands designated as
Sundance Provincial Park in accordance with the Provincial Parks Act.
8.3 The open seasons for the hunting of fur-bearing animals in WMU
519 with reference to Table 5 apply also to all lands designated as Crow
Lake Provincial Park in accordance with the Provincial Parks Act.
8.4 The open seasons for the hunting of fur-bearing animals in WMUs
344 and 439 with reference to Table 5 apply also to the portions of William
A. Switzer Provincial Park that fall within those areas established under
the Provincial Parks Act that are described as a hunting zone in Plan No.
PO401 General filed with the Department in Edmonton.
8.5 The open seasons for the hunting of fur-bearing animals in WMUs
523 and 544 with reference to Table 5 apply also to the portions of
Winagami Lake Provincial Park that fall within those areas established
under the Provincial Parks Act that are described as a hunting zone in Plan
No. PO399 General filed with the Department in Edmonton.
8.6 The open seasons for the hunting of fur-bearing animals in WMU
500 with reference to Table 5 apply also to the portion of Cold Lake
Provincial Park established under the Provincial Parks Act that is
described as a hunting zone in Plan No. PO400 General filed with the
Department in Edmonton.
(
c) by adding the following after
section 13:
13.1 The open seasons established in this
Schedule for WMU 342
apply also to all lands designated as Fickle Lake Provincial Recreation
Area in accordance with the Provincial Parks Act.
13.2 The open seasons established in this
Schedule for WMU 509
apply also to all lands designated as Poachers Landing Recreation Area in
accordance with the Provincial Parks Act.
13.3 The open seasons established in this
Schedule for WMU 434
apply also to all lands designated as Wapiabi Provincial Recreation Area in
accordance with the Provincial Parks Act.
13.4 The open seasons established in this
Schedule for WMU 444
apply also to all lands designated as Sulphur Gates Recreation Area in
accordance with the Provincial Parks Act.
(
d) in footnote 4 of
section 15
(
i) by striking out "or 536" and substituting ", 536 or
539";
(ii) by striking out "and 536" and substituting ", 536
and 539";
(
e) in footnote 5 of
section 15
(
i) by striking out "or 536" and substituting ", 536 or
539";
(ii) by striking out "and 536" and substituting ", 536
and 539";
(
f) in footnote 6 of
section 15
(
i) by striking out "or 536" and substituting ", 536 or
539";
(ii) by striking out "and 536" and substituting ", 536
and 539".
------------------------------
Alberta Regulation 195/2001
Provincial Parks Act
SECTION 7.1 DECLARATION REGULATION
Filed: October 29, 2001
Made by the Minister of Community Development on October 23, 2001 pursuant
section 7.1 of the Provincial Parks Act.
Definitions
1 In this Regulation,
(a) "Dispositions Regulations" means the Dispositions Regulations
(AR 241/77);
(b) "General Regulation" means the General Regulation (AR 102/85).
La Biche River
2(1) The Provincial Parks Act, the Dispositions Regulations, except
section 46, and the General Regulation apply to the land described in
Schedule 1 as if it were a provincial park.
(2) Subsection (1) is repealed on August 1, 2006.
Dillberry Lake
3(1) The Dispositions Regulations apply to the land described in
Schedule
2 as if it were a provincial park.
(2) Subsection (1) is repealed on December 1, 2008.
Repeal
4 The
Section 7.1 Declaration Regulation (AR 346/83) is repealed.
SCHEDULE 1
FIRSTLY:
All that parcel or tract of land, situate, lying and being in the
sixty-eighth (68) township, range seventeen (17), west of the fourth
(4) meridian, in the Province of Alberta, Canada, and being composed of:
All that portion of the north west quarter of
section 33 of the said
township required for a pipeline right-of-way, as shown upon a plan of
survey of record in the Land Titles Office at Edmonton for the North
Alberta Land Registration District at Edmonton as No. 012 1732, containing
1.310 hectares (3.24 acres), more or less.
SECONDLY:
All those parcels or tracts of land, situate, lying and being in the
sixty-ninth (69) township, range seventeen (17), west of the fourth
(4) meridian, in the Province of Alberta, Canada, and being composed of:
All those portions of the west halves of sections 4 and 9, the north
half and south west quarter of
section 16 and the east half of
section 21
of the said township required for the said pipeline right-of-way as shown
upon the said plan No. 012 1732, containing 22.789 hectares (56.31 acres),
more or less.
The lands herein described contain 24.099 hectares (59.55 acres), more or
less.
SCHEDULE 2
All those parcels or tracts of land, situate, lying and being in the
forty-first (41) township, in range one (1), west of the fourth
(4) meridian, in the Province of Alberta, Canada, and being composed of:
The south halves of legal subdivisions 11 and 12 of
section 33 of the
said township, containing 16.188 hectares (40.00 acres), more or less.
SAVING AND EXCEPTING:
0.874 hectares (2.16 acres), more or less, required for a surveyed
roadway, as shown upon a plan of survey of record in the Land Titles Office
in Edmonton for the North Alberta Land Registration District as No. 1609
C.L.
The lands herein described contain 15.315 hectares (37.84 acres), more or
less.
Alberta Regulation 196/2001
Provincial Court Act
Court of Queen's Bench Act
Interpretation Act
PROVINCIAL JUDGES AND MASTERS IN CHAMBERS
REGISTERED AND UNREGISTERED PENSION PLANS
Filed: October 30, 2001
Made by the Lieutenant Governor in Council (O.C. 408/2001) on October 30,
2001 pursuant to
section 21.52 of the Provincial Court Act,
section 14.2 of
the Court of Queen's Bench Act and the
Interpretation Act.
Table of Contents
Preamble
General Provisions
Division of Regulation 1
Interpretation 2
Transfer of assets held under temporary arrangements 3
Prevalence over repealed Regulations 4
Collection and disclosure of information 5
Repeals 6
Coming into force 7
Schedule 1
Provincial Judges and Masters in Chambers
(Registered) Pension Plan
Interpretation of
Schedule 1 1
The Plan 2
Part 1
Administration
Administration of the Plan 3
Fiscal year 4
Report to the Legislative Assembly 5
Part 2
Participation
The participants 6
Part 3
Funding
Registered pension plan fund 7
Actuarial valuation report 8
Fiduciary relationship and use of surplus 9
Contributions and accretion 10
Participant contributions 11
Government contributions 12
Part 4
Pensionable Service
Computation of pensionable service 13
Part 5
Benefits
Interpretation and application of Subdivisions A 14
Interpretation and application of Subdivisions B 15
Limitation of benefits where obtainable under
Subdivisions A and B 16
Vesting based on all service 17
Division 1
Retirement Benefits
Subdivision A
For Service Before 1992
Limitation of benefits to meet tax rules 18
Normal pension based on age and service 19
Spousal protection 20
Alternative forms of pension 21
Disability pensions 22
Disability pension adjustments 23
Postponement of pension 24
Failure to select pension 25
Subdivision B
For Service After 1991
Tax rule limitations on benefits 26
Normal pension based on age and service 27
Spousal protection 28
Alternative forms of pension 29
Pension on early retirement 30
Disability pensions 31
Disability pension adjustments 32
Postponement of pension 33
Failure to select pension 34
Division 2
Death Benefits
Application of Division 35
Subdivision A
For Service Before 1992
Spouses's benefit on death before pension commencement 36
Benefits to other beneficiaries 37
Subdivision B
For Service After 1991
Spouse's benefit on death before pension commencement 38
Benefits to other beneficiaries 39
Division 3
Benefits on Termination Before Pension Eligibility
Subdivision A
For Service Before 1992
Vested participants under 55 40
Subdivision B
For Service After 1991
Vested participants under 55 41
Non-vested participants 42
Division 4
Miscellaneous Provisions on Benefits
Cost-of-living increases 43
Interest allowance 44
Pension commencement 45
Commencement of guaranteed term of years 46
Suspension of pension on employment 47
Suspension of pension on reappointment 48
Beneficiaries 49
Method of payment of pensions 50
Idem - conversion following death 51
Continuation of existing pensions and pension rights 52
Part 6
Miscellaneous
Interest chargeable 53
Advance against pension 54
Actuarial formulas 55
Exercise of benefit choice 56
Prohibition against assignment, etc. 57
Matrimonial property orders 58
Liability of benefits to legal process 59
Liability of Government and prohibition against
extra-legislative benefits or remedies 60
Rights and obligations under former Regulation 61
Overpayments and deficiencies 62
Return of money 63
Retentions for debt 64
Requirement of evidence 65
Appeals 66
Termination of the Plan, and surplus on wind-up 67
Transitional - interest rates - 1998 68
Transitional - actuarial tables 69
Transitional - pre-April 1, 1998 service purchases 70
Transitional - spouse's pension waiver 71
Subschedule
Forms
Schedule 2
Provincial Judges and Masters in Chambers
(Unregistered) Pension Plan
Interpretation of
Schedule 2 1
Establishment of the Plan 2
Part 1
Administration
Administration of the Plan 3
Fiscal year 4
Report to the Legislative Assembly 5
Part 2
Participation
The participants 6
Part 3
Funding
RCA fund 7
Actuarial valuation report 8
Payment of benefits and costs 9
Contributions and RCA taxes 10
Participant contributions 11
Government contributions 12
Part 4
Pensionable Service
Computation of pensionable service 13
Part 5
Benefits
Interpretation and application of
Part 5 15
Limitation of benefits 16
Linking of benefit choices to those made
under Registered Plan 16.1
Reduction for Registered Plan benefits 17.1
Division 1
Retirement Benefits
Amount and form of pension 27
Spousal protection 28
Alternative forms of pension 29
Disability pensions 31
Disability pension adjustments 32
Postponement of pension 33
Failure to select pension 34
Division 2
Death Benefits
Application of Division 35
Spouse's benefit on death before pension commencement 38
Benefits to other beneficiaries 39
Division 3
Benefits on Termination Before Pension Eligibility
Vested participants under 55 41
Non-vested participants 42
Division 4
Miscellaneous Provisions on Benefits
Cost-of-living increases 43
Interest allowance 44
Pension commencement 45
Commencement of guaranteed term of years 46
Suspension of pension on employment 47
Suspension of pension on reappointment 48
Beneficiaries 49
Method of payment of pensions 50
Idem - conversion following death 51
Part 6
Miscellaneous
Interest chargeable 53
Advance against pension 54
Actuarial formulas 55
Exercise of benefit choice 56
Prohibition against assignment, etc. 57
Matrimonial property orders 58
Liability of benefits to legal process 59
Liability of Government and prohibition against
extra-legislative benefits or remedies 60
Overpayments and deficiencies 62
Return of money 63
Retentions for debt 64
Requirement of evidence 65
Appeals 66
Termination of the Plan, and surplus on wind-up 67
Transitional - interest rates - 1998 68
Transitional - spouse's pension waiver 71
Recalculation of past benefits 72
Forms 73
Preamble
WHEREAS the Supreme Court of Canada recently decided certain questions on
the subject-matters of benefits payable to provincial judges and judicial
independence; and
WHEREAS the 1998 and 2000 Judicial Compensation Commissions have made
recommendations respecting those benefits, including specifically pensions
and other retirement benefits, and also those for masters in chambers; and
WHEREAS it is the intent of this Regulation generally to put into effect
those recommendations, so far as they relate to pensions and other
retirement benefits, and to bring the legislation into line with current
income tax rules (so far as applicable) and, as to structure and
draftsmanship, other public sector pension legislation;
THEREFORE the Lieutenant Governor in Council enacts as follows:
General Provisions
Division of Regulation
1 Apart from the
Preamble and sections 1 to 7, this Regulation is divided
into
(
a) Schedule 1, containing the Provincial Judges and Masters in
Chambers (Registered) Pension Plan continued by that Schedule, and related
provisions, and
(
b) Schedule 2, containing the Provincial Judges and Masters in
Chambers (Unregistered) Pension Plan established by that Schedule, and
related provisions.
Interpretation
2 Expressions that are used in sections 1 to 7 and defined in Schedules 1
and 2 have the corresponding appropriate meanings given by those Schedules
collectively.
Transfer of assets held under temporary arrangements
3 The Minister of Finance shall, as soon as practicable, transfer all
the assets held in the Consolidated Cash Investment Trust Fund account
under
section 7 of the Provincial Judges and Masters in Chambers (Temporary
Pension Arrangements) Regulation, 1998 (AR 177/98),
(
a) to the extent that they consist of or derive from contributions
which, by virtue of
Schedule 1, were liable to be made to the pension plan
continued by
Schedule 1, to the pension fund continued by
section 7(1) of
Schedule 1, and
(
b) to the extent that they consist of or derive from contributions
which, by virtue of
Schedule 2, were liable to be made to the plan
established by
Schedule 2, to the fund established by
section 7(1) of
Schedule 2,
and, notwithstanding the repeal of that Regulation by
section 6(2), that
account is to continue in force, so far as necessary but without any
further addition of contributions, until that transfer is made.
Prevalence over repealed Regulations
4 Notwithstanding anything in
section 31 of the
Interpretation Act, to
the extent that this Regulation and the Regulations repealed by
section
6(1) and (2) are inconsistent with reference to anything occurring before
the making of this Regulation, this Regulation prevails over those repealed
ones.
Collection and disclosure of information
5(1) In this section, "judicial service information" means personal
information within the meaning of the Freedom of Information and Protection
of Privacy Act that
(
a) relates to pensions and other benefits or to participants' and
former participants' service, and
(
b) has a reasonable and direct connection to the administration of
pensions and other benefits.
(2) The Minister is authorized to collect judicial service information
from, and to disclose it to,
(
a) the specific participant or former participant to whom the
information relates,
(
b) an appeal board established under
Schedule 1 or 2, where the
information relates to the appellant or respondent, and
(
c) the Minister of Justice and Attorney General.
(3) The Minister of Justice and Attorney General is authorized to collect
judicial service information from, and to disclose it to,
(
a) a person or board referred to in subsection (2)(
a) or (b), and
(
b) the Minister.
(4) The Minister may require the Minister of Justice and Attorney General
to provide to the Minister, within the time specified by the Minister,
information that is required by the Minister to enable him or her to
fulfill his or her functions under this Regulation.
Repeals
6(1) The Provincial Judges and Masters in Chambers Pension Plan Regulation
(AR 265/88) is repealed.
(2) The Provincial Judges and Masters in Chambers (Temporary Pension
Arrangements) Regulation, 1998 (AR 177/98) is repealed.
(3) Sections 71 of Schedules 1 and 2 to this Regulation are repealed.
Coming into force
7 This Regulation, except to the extent that another commencement date is
specifically stated and except
(
a) sections 3 and 6(2) and (3),
(b)
section 6(1), to the extent that it repeals
section 1(1)(
q) of,
and the
Schedule to, the Regulation repealed by it,
(
c) in
Schedule 1,
(
i) sections 1(y), 28(3)(
b) and (6),
section 20(3), to
the extent that it incorporates
section 28(3)(b), and
section 20(6), and
(ii) the Subschedule,
and
(
d) in
Schedule 2,
section 7,
section 28, to the extent that it
takes into account
section 28(3)(
b) of
Schedule 1, and
section 72,
is deemed to have come into force on April 1, 1998.
SCHEDULE 1
PROVINCIAL JUDGES AND MASTERS IN
CHAMBERS (REGISTERED) PENSION PLAN
Interpretation of
Schedule 1
1 In this Schedule,
(a) "actuarial equivalent" means the equivalent in actuarial
present value, calculated in accordance with demographic and economic
factors that are recommended by an actuary and approved by the Minister;
(b) "actuary" means a Fellow of the Canadian Institute of
Actuaries;
(c) "benefit" means a retirement benefit, a death benefit or a
benefit on termination before pension eligibility, under
Part 5;
(d) "capped salary" means salary that is or was compensation within
the meaning of the tax rules, subject however to such limitation as is or
was necessary to ensure that the benefit accrual under the tax rules for
the taxation year does not or did not exceed the defined benefit limit
fixed by the tax rules for that year;
(e) "contributions" means contributions under the Plan;
(f) "former Regulation" means the Provincial Judges and Masters in
Chambers Pension Plan Regulation (AR 265/88) (repealed);
(g) "judge" means
(
i) a judge of the Provincial Court appointed under the
Provincial Court Act and includes a Chief Judge, Deputy Chief Judge and an
Assistant Chief Judge, or
(ii) a master,
but does not include a supernumerary judge of the Provincial
Court or a part-time master;
(h) "judicial service" means periods of judicial service as, or
otherwise occupying the position of, a judge;
(i) "latest pension accrual date" means the last date as of which
the tax rules allow a participant to accrue pensionable service;
(j) "leave without salary" means a period during which a
participant is or was, with due authorization, on leave from his or her
regular duties as a judge and is receiving no remuneration or remuneration
that is less than his or her regular remuneration, and includes any period
recognized as leave without pay under the former Regulation, but does not
include a period during which he or she is or was on LTDI;
(k) "master" means a master in chambers appointed under the Court
of Queen's Bench Act;
(l) "matrimonial property order" means a matrimonial property order
within the meaning of the Matrimonial Property Act, or a similar order
enforceable in Alberta of a court outside Alberta, that affects the payment
or distribution of a person's benefits;
(m) "maximum benefit accrual date" means, in respect of a
participant, the date on which the 70% benefit accrual percentage referred
to in
section 11(3)(
a) is reached;
(n) "Minister" means the member of the Executive Council
responsible for the administration of the Management Employees Pension
Plan;
(o) "on LTDI" means, in relation to a judge or former judge, in
receipt of money provided to a participant under and within the meaning of
the Long Term Disability Income Continuance Plan established by
Schedule 2
to the Provincial Court Judges and Masters in Chambers Compensation
Regulation (AR 176/98), and includes his or her being in receipt of
benefits under the Government's Long Term Disability Income Continuance
Plan for management employees before the first-mentioned Plan came into
effect;
(p) "participant" means a person who is a participant of the Plan
by virtue of
section 6;
(q) "participant current service contributions" means a
participant's contributions under
section 11(1);
(r) "pension" means a pension under the Plan, and "pensioner" means
a person in receipt of such a pension and includes a prospective pensioner;
(s) "pension commencement" means the time established by
section 45
that constitutes the effective date for the commencement of the relevant
pension;
(t) "pensionable service" means any period to be taken into account
as pensionable service under
section 13;
(u) "plan fund" means the pension fund continued by
section 7(1);
(v) "registered" means registered or accepted for registration
under the Income Tax Act (Canada);
(w) "salary" means,
(
i) subject to subclause (ii), a judge's annual salary
under the Provincial Court Judges and Masters in Chambers Compensation
Regulation (AR 176/98) or any predecessor of that Regulation, or both, as
the case may be, or
(ii) in the case of a person who is or was on LTDI or on
leave without salary, the amount that would have been the annual salary
under subclause (
i) had that person remained in active judicial service in
the capacity in which he or she served immediately before becoming disabled
or going on leave without salary, as the case may be,
but, in respect of any period after a participant has reached
the latest pension accrual date, means $0;
(x) "service" means any period that is judicial service or
pensionable service or both;
(y) "spouse" means
(
i) a person who, at the relevant time, was married to
a participant or former participant and
(
A) was not judicially or otherwise
separated from him or her, or
(
B) if so separated, was wholly or
substantially dependent on him or her,
(ii) if there is no person to whom subclause (
i) applies, a person of the opposite sex who lived with the participant or
former participant in a marriage-like relationship
(
A) for the 5-year period immediately
preceding the relevant time, or
(
B) for the 2-year period immediately
preceding the relevant time if there is a child born to that person and the
participant or former participant,
(iii) if there is no person to whom subclause (
i) or (ii)
applies, a person who was married to but separated from the participant or
former participant and not wholly or substantially dependent on him or her
at the relevant time;
(z) "tax rules" means those provisions of the Income Tax Act
(Canada) or of the regulations under it, or of both, that apply to pension
plans registered or to be registered under that Act and includes any
approval, certification or other permission or any direction or order from
the federal Minister of National Revenue the absence of which or failure to
comply with which may make the Plan's registration liable to revocation
under that Act;
(aa) "termination" means a person's ceasing to be a participant
under any circumstances other than death;
(bb) "the Plan" or "this Plan" means the pension plan continued by
section 2(1) as the Provincial Judges and Masters in Chambers (Registered)
Pension Plan;
(cc) "vested" means, in relation to a participant or former
participant, having accumulated at least 5 years' pensionable service or
terminating or having terminated on or after reaching the latest pension
accrual date;
(dd) "years of pensionable service" means, in respect of a
participant or former participant, the number of complete years and any
fraction of a remaining year of pensionable service.
The Plan
2(1) The pension plan provided for by and under the former Regulation is
continued, subject to this Schedule, as the Provincial Judges and Masters
in Chambers (Registered) Pension Plan.
(2) It is the intent of this
Schedule that the Plan be and remain a
registered pension plan under the Income Tax Act (Canada).
PART 1
ADMINISTRATION
Administration of the Plan
3(1) The Minister is the administrator of the Plan.
(2) Notwithstanding anything in the Plan except subsection (3), the
Minister shall administer the Plan in accordance with the tax rules.
(3) If in any respect the Plan does not comply with the applicable tax
rules, the Minister may administer the Plan as if this
Schedule were
amended so to comply.
Fiscal year
4 The fiscal year of the Plan is from April 1 in one year to March 31 in
the next.
Report to the Legislative Assembly
5(1) The Minister shall prepare and lay before the Legislative Assembly a
report on the operation of the Plan with respect to each fiscal year.
(2) The report must include the most recent actuarial valuation report
prepared under
section 8 unless that valuation report has already been
included in a previous annual report.
PART 2
PARTICIPATION
The participants
6 The persons who are to and are allowed to participate in the Plan are
(
a) all judges, and
(
b) all former judges who are on LTDI.
PART 3
FUNDING
Registered pension plan fund
7(1) The Provincial Judges and Masters in Chambers Pension Fund referred
to in
section 21.2 of the Financial Administration Act is continued as the
"Provincial Judges and Masters in Chambers (Registered) Pension Plan Fund"
for this Plan.
(2) The Minister of Finance shall hold and administer the plan fund in
accordance with this Schedule.
(3) The Minister of Finance shall invest the assets of the plan fund in
accordance with the Employment Pension Plans Act and the regulations under
it.
(4) All the assets of the Plan are to be held in, and all its liabilities
are to be assumed by, the plan fund.
Actuarial valuation report
8 The Minister shall have an actuarial valuation of the Plan performed,
and a report on that valuation prepared, by an actuary at least once every
3 years.
Fiduciary relationship and use of surplus
9(1) Subject to subsection (2), the Minister of Finance shall hold the
assets of the Plan in trust for the persons who are or who become entitled
to benefits, and for the payment of the costs of administering the Plan.
(2) Without breaching the trust under or being in any other manner
affected by subsection (1), where the total amount held under that
subsection exceeds the amount that is actuarially determined to be
necessary to pay benefits and the costs of administering the Plan, the
Lieutenant Governor in Council may, with respect to any portion or all of
the excess,
(
a) transfer it to the General Revenue Fund, or
(
b) apply it towards reduction of the contributions for which the
Government is liable under
section 12.
Contributions and accretion
10(1) All contributions to the Plan, with interest if any, shall be made
and remitted to the Minister of Finance, who shall deposit them into the
plan fund directly on receiving them.
(2) All income of and all appreciation and depreciation in the value of
the assets of the Plan accrue to the plan fund.
Participant contributions
11(1) Subject to this section, a participant shall, at intervals
coinciding with the salary periods fixed by order of the Minister, make
contributions for current service at the rate of
(a) 9%, until March 31, 2000, and
(b) 7%, with effect from April 1, 2000,
of the participant's capped salary.
(2) A participant who is about to enter into a period of leave without
salary that does not exceed the 2-year maximum specified in
section 13(3)
may apply to have that period taken into account as pensionable service
and, if he or she wishes to have it so taken into account, shall make and,
to the extent, if any, necessary, remit contributions, with respect to that
leave,
(
a) pursuant to subsection (1) for the period of or periods
aggregating one year less any periods of leave without salary previously
taken and falling within this clause or
section 9(4)(
b) of the former
Regulation, and
(
b) pursuant to subsection (1), except at double the rate set out
in subsection (1), for any subsequent periods.
(3) Notwithstanding anything in this section, participant current service
contributions are not to be made after a participant
(
a) attains a benefit accrual percentage of 70%, the benefit
accrual percentage being equal to
(2% x A) + (2.67% x B) + (3% x
C) where
A = the participant's years of pensionable service before
April 1, 1998,
B = the years of pensionable service from April 1, 1998 to
March 31, 2000, and
C = the years of pensionable service after March 31, 2000,
(
b) reaches the latest pension accrual date,
whichever of those events occurs first.
(4) A participant shall not make contributions while on LTDI except that,
if a participant on LTDI is also earning a salary under a rehabilitation
employment program, he or she shall make and remit contributions pursuant
to subsection (1) in respect of that salary.
(5) Subject to subsections (2) and (4), the Government is liable for the
remittance of the participant current service contributions under
subsection (1), for which purpose it may withhold those contributions from
remuneration payments.
Government contributions
12(1) The portion of the current service cost for which the Government is
liable is the cost of future benefit accruals after taking into account
participant current service contributions and any excess amount applied
towards a reduction of its contributions pursuant to
section 9(2)(b).
(2) Subject to
section 9(2), the Minister shall, if necessary, within a
reasonable time after receiving an actuarial valuation report under
section
8 and following the recommendations of the actuary in the report, in
writing adjust the Government's contributions
(
a) in respect of current service, to a rate, determined by
reference to a percentage of participants' capped salaries, that is
sufficient to finance that portion of the current service cost that is
ascribed to the Government by subsection (1), and
(
b) if the Plan has an unfunded liability within the meaning of the
Employment Pension Plans Regulation (AR 35/2000), to payments that are
sufficient to amortize that unfunded liability in accordance with that
Regulation.
PART 4
PENSIONABLE SERVICE
Computation of pensionable service
13(1) Subject to this section, in computing the length of pensionable
service that a person accumulated, the following are the periods to be
taken into account, namely,
(
a) any period that legally constituted and that was recognized as
pensionable service under the former Regulation, and
(
b) any period after March 31, 1998 in respect of which that person
was a participant.
(2) Notwithstanding anything in this Plan, pensionable service is not to
accrue after a participant's maximum benefit accrual date or latest pension
accrual date, whichever occurs first, is reached.
(3) Leave without salary occurring after March 31, 1998 may be taken into
account as pensionable service only
the leave and returned to active judicial service as a sitting judge or
went on LTDI following the cessation of the leave,
(
b) to the extent that the aggregate of all the periods of the
participant's leave without salary, before, on and after April 1, 1998,
does not exceed 2 years, and
(
c) if the participant paid the requisite contributions under
section 11(2) in respect of the leave.
(4) A person may not be credited with more than one year's pensionable
service in respect of service performed in a calendar year, regardless of
the nature and extent of the service so performed.
(5) Service with respect to which the contributions made have been
returned or paid to a person or transferred out of the Plan on a person's
behalf may not be taken into account as pensionable service.
PART 5
BENEFITS
Interpretation and application of Subdivisions A
14(1) This
section applies with respect to the
interpretation and
application of Subdivisions A of Divisions 1, 2 and 3 of this Part and,
subject to
section 15(4), of Division 4 of this Part and, in any such
Subdivision or Division,
(a) "deferred pension" means a pension under
section 40(b);
(b) "highest average salary" means, subject to subsection (2), the
average of a person's annual salaries in the 5 or, if less than 5, the
total number of consecutive years (whether before or after or partly before
and partly after the beginning of 1992) of the following service over which
the average of the salaries was the highest, namely
(
i) his or her pensionable service, and
(ii) any further service that would be pensionable
service but only for its occurring between the maximum benefit accrual date
and the latest pension accrual date;
(c) "normal pension" means a pension in the amount receivable under
section 19(1) and in the form specified in
section 19(2)(
a) or (b),
depending on which of those clauses applies;
(d) "participant contributions" means, so far as they relate to
service that occurred before 1992 and have not previously been returned,
contributions with interest recognized as employee contributions for the
purposes of
section 12(1)(
a) of the former Regulation.
(2) Section 15(2) applies.
(3) Except where specifically stated, Subdivision A of Division 1, 2 or 3
of this Part applies only with respect to service that occurred before
(4) Where a provision of Division 4 uses an expression that is the
subject-matter of an
interpretation provision of this section, then this
section applies with respect to the
interpretation of that expression so
far as it relates to service that occurred before 1992.
Interpretation and application of Subdivisions B
15(1) This
section applies with respect to the
interpretation and
application of Subdivisions B of Divisions 1, 2 and 3 of this Part and,
subject to
section 14(4), of Division 4 of this Part and, in any such
Subdivision or Division,
(a) "deferred pension" means a pension under
section 41(b);
(b) "highest average capped salary" means, subject to subsection
(2), the average of a person's annual capped salaries
(
i) to the extent that the benefit is based on
pensionable service before April 1, 1998, in the 5 or, if less than 5, the
total number of consecutive years, and
(ii) to the extent that the benefit is based on
pensionable service after March 31, 1998, in the 3 or, if less than 3, the
total number of consecutive years,
(whether before or after or partly before and partly after the
beginning of 1992) of the following service over which the average of the
capped salaries was the highest, namely his or her pensionable service and
any further service that would be pensionable service but only for its
occurring between the maximum benefit accrual date and the latest pension
accrual date;
(c) "normal pension" means a pension in the amount receivable under
(i)
section 27(1), in the case of pensionable service
that occurred after December 31, 1991 and before April 1, 1998, or
(ii)
section 27(2), in the case of pensionable service
occurring after March 31, 1998,
and in the form specified in
section 27(3)(
a) or (b), depending
on which of those clauses applies;
(d) "participant contributions" means, so far as they have not
previously been returned, participant current service contributions, with
interest.
(2) For the purpose of determining the consecutive years referred to in
subsection (1)(b), breaks in service shall be disregarded.
(3) Except where specifically stated, Subdivision B of Division 1, 2 or 3
of this Part applies only with respect to service that occurred or occurs
after 1991.
(4) Where a provision of Division 4 uses an expression that is the
subject-matter of an
interpretation provision of this section, then this
section applies with respect to the
interpretation of that expression so
far as it relates to service that occurred or occurs after 1991.
Limitation of benefits where obtainable under Subdivisions A and B
16(1) Notwithstanding anything in this Part, so far as applicable,
(
a) where more than one type of benefit is obtainable under
Subdivision A or B of Division 1, 2 or 3 of this Part and benefits
corresponding to those Subdivision A or B benefits are also obtainable
under Subdivision B or A thereof, as the case may be, the person entitled
is permitted to take only the one type of benefit under the 2 Subdivisions,
(
b) if benefits under the 2 Subdivisions would otherwise be
obtainable at or from different times, the person may only take the
benefits at or commencing from one single time under the 2 Subdivisions,
and
(
c) where different forms of pension may be selected, only one form
of pension may be selected under the 2 Subdivisions.
(2) The taking of a pension in the form of a normal pension under
Subdivisions A and B of Division 1, 2 or 3 of this
Part is not to be
considered as constituting different forms of pension for the purposes of
subsection (1).
Vesting based on all service
17 In any provision of this Part (including
section 1(cc) where
applicable) predicating entitlement to a benefit on whether or not a
minimum number of years' service has been accumulated, the reference to
service includes service accruing before, on and after January 1, 1992.
Division 1
Retirement Benefits
Subdivision A
For Service Before 1992
Limitation of benefits to meet tax rules
18 Benefits that relate to service that is pensionable under
section 13
are limited to what is allowed by the tax rules.
Normal pension based on age and service
19(1) A vested person who terminates after March 31, 1998 and has attained
the age of 55 years is entitled to receive a pension in the annual amount
that is equal to 2% of the highest average salary multiplied by the years
of pensionable service.
(2) A pension under subsection (1) is payable,
(
a) if the pensioner did not have a spouse at pension commencement
or if he or she did but a valid statutory declaration under
section 20(3)
was filed in respect of the pension, for the life of the pensioner, or
(
b) if the pensioner did have a spouse at pension commencement and
such a declaration was not filed in respect of the pension, in the form of
a single life pension, payable only for the life of the pensioner with the
provision that, if the pensioner dies survived by that person, the pension
is payable to that person for life in an amount equal to 3/4 of the pension
that would have been payable to the pensioner had the latter continued to
live.
Spousal protection
20(1) Notwithstanding anything in the Plan except subsections (2) and (3),
a pensioner who has a spouse at pension commencement is deemed for the
purposes of the Plan to choose a pension in the form specified in
section
19(2)(b).
(2) The pensioner may select a form of joint life pension under
section
21(1), as it incorporates
section 29(1)(
b) or (d), with the spouse at
pension commencement as the designated nominee, rather than that referred
to in subsection (1).
(3) Section 28(3) applies, with the reference to
section 28(6) being taken
as a reference to subsection (6) as it incorporates
section 28(6).
(4) Section 28(4) applies.
(5) Section 28(5) applies.
(6) Section 28(6) applies, with the reference to
section 28(3)(
b) being
taken as a reference to subsection (3) as it incorporates
section 28(3)(b).
Alternative forms of pension
21(1) A person who is entitled to receive a pension in the form specified
section 19(2)(
a) is entitled, as an alternative, to select any form of
pension from any of those provided for in
section 29(1).
(2) Where an alternative form of pension is selected under subsection (1),
the pension is in an amount that is the actuarial equivalent of the pension
payable in the form specified in
section 19(2)(a).
(3) Section 29(3) applies.
Disability pensions
22(1)
Section 31(1) applies, with the reference in it to
section 32 being
taken as a reference to
section 23.
(2) Subject to subsection (3), a person referred to in
section 31(2)
becomes and, subject to
section 23, is entitled to receive a pension in the
form and in the amount of a normal pension, reduced, however, in amount by
3/12 of 1% for each complete month (with a proration for the additional
portion, if any, of a month) by which pension commencement falls short of
the 55th birthday.
(3) Section 31(3) applies.
(4) Section 31(4) applies, with the reference in it to
section 32 being
taken as a reference to
section 23.
Disability pension adjustments
Section 32 applies with the references to
section 31(1) and (2) being
taken as references to
section 22(1) and (2) respectively.
Postponement of pension
24(1) A person who has not reached the latest pension accrual date and who
is entitled to receive a pension under
section 19(1) or 40(
b) may postpone
commencement of the pension to any date up to that date.
(2) Whether or not the person has taken any active steps to effectuate a
postponement, the pension becomes postponed when, and only when, it
transpires that pension commencement has not occurred at the earliest date
when, given the circumstances described in the relevant enactment referred
to in subsection (1), it could have occurred.
(3) When a pension that was postponed becomes payable, it is to be in the
form of a normal pension and in the amount that is the actuarial equivalent
of the normal pension that the person would have been entitled to receive
had the postponement not been made.
Failure to select pension
Section 34 applies.
Subdivision B
For Service After 1991
Tax rule limitations on benefits
26 Notwithstanding anything in the Plan but without affecting any
particular provision of the Plan further limiting benefits, benefits are
limited to what is allowed by the tax rules.
Normal pension based on age and service
27(1) A vested person who
(
a) terminates after March 31, 1998, and
(
b) either
(
i) has attained the age of 55 years with the sum of
his or her age and judicial service amounting to at least 80 years, or
(ii) has attained the age of 60 years,
is entitled to receive a pension in the annual amount that is equal to 2%
of the highest average capped salary multiplied by the years of pensionable
service that occurred after December 31, 1991 and before April 1, 1998.
(2) A vested person who
(
a) terminates after March 31, 1998, and
(
b) subject to subsection (4), has attained the age of 60 years
with the sum of his or her age and judicial service amounting to at least
80 years,
is entitled to receive a pension in the annual amount that is equal to 2%
of the highest average capped salary multiplied by the years of pensionable
service occurring after March 31, 1998.
(3) A pension under subsection (1) or (2) is payable,
(
a) if the pensioner did not have a spouse at pension commencement
or if he or she did but a valid statutory declaration under
section 28(3)
was filed in respect of the pension, for the life of the pensioner, or
(
b) if the pensioner did have a spouse at pension commencement and
such a declaration was not filed in respect of the pension, in the form of
a single life pension, payable only for the life of the pensioner with the
provision that, if the pensioner dies survived by that person, the pension
is payable to that person for life in an amount equal to 2/3 of the pension
that would have been payable to the pensioner had the latter continued to
live.
(4) The 80 factor requirement of subsection (2)(
b) does not apply to a
person who terminates on or after reaching his or her latest pension
accrual date.
Spousal protection
28(1) Notwithstanding anything in the Plan except subsections (2) and (3),
a pensioner who has a spouse at pension commencement is deemed for the
purposes of the Plan to choose a pension in the form specified in
section
27(3)(b).
(2) The pensioner may select a form of joint life pension under
section
29(1)(b), (
c) or (d), with the spouse at pension commencement as the
designated nominee, rather than that referred to in subsection (1).
(3) Subsections (1) and (2) do not apply where there was filed with the
Minister
(
a) a valid statutory declaration by the person who was the spouse
at pension commencement in the form set out in, and signed in accordance
with the requirements of, Form 1 of the Subschedule,
(
b) where that person was a spouse within the meaning of
section
1(y)(iii) and the circumstances described in subsection (6) apply, a valid
statutory declaration by the pensioner in the form set out in Form 2 of the
Subschedule, or
(
c) a matrimonial property order.
(4) Notwithstanding subsection (3), a declaration under that subsection is
not valid if it is made more than 90 days before pension commencement.
(5) A pension payable under subsection (2) is in an amount that is the
actuarial equivalent of the pension payable in the form of a normal
pension.
(6) The circumstances referred to in subsection (3)(
b) are that
(
a) the spouse was separated from the pensioner for at least 3
years prior to pension commencement, and
(
b) the Minister has not been notified in writing that any
matrimonial property proceeding designed to obtain a matrimonial property
order has been or is about to be commenced.
Alternative forms of pension
29(1) A person who is entitled to receive a pension in the form specified
section 27(3)(
a) is entitled, as an alternative, to select a form of
pension from one of the following:
(
a) a guaranteed term pension, payable for
(
i) whichever term, being 5, 10 or 15 years, is
selected by the pensioner, or
(ii) his or her life,
whichever is the longer;
(
b) a joint life pension, payable during the joint lives of the
pensioner and a nominee designated by the pensioner and which, after the
death of either, continues to be payable
(
i) in the same amount as the amount payable before the
death, or
(ii) in the amount of 2/3 of it,
to the survivor for life;
(
c) a joint life pension, payable during the life of the pensioner
with the provision that, if the pensioner dies survived by a nominee
designated by the pensioner, the pension is payable to that person for life
in an amount equal to 3/4 of the pension that would have been payable to
the pensioner had the latter continued to live;
(
d) a joint life pension described in clause (
b) that is payable,
in the event that the survivor dies within 5 years of pension commencement,
for the remainder of the guaranteed term of 5 years from pension
commencement in the same amount as was payable to the survivor immediately
before the survivor's death.
(2) Where an alternative form of pension is selected under subsection (1),
the pension is in an amount that is the actuarial equivalent of the pension
payable in the form specified in
section 27(3)(a).
(3) The designated nominee referred to in subsection (1) for a joint life
pension must, at the time of pension commencement, be eligible for
post-retirement survivor benefits under and within the meaning of the tax
rules.
Pension on early retirement
30(1) A vested person who terminates after March 31, 1998 and has attained
the age of 55 years without meeting the requirements of
section 27(1)(
b) is
entitled to receive a pension, with respect to pensionable service that
occurred after December 31, 1991 and before April 1, 1998, in the form and
in the amount of a normal pension, reduced however, if applicable, in
amount by 3/12 of 1% for each complete month (with a proration for the
additional portion, if any, of a month) by which pension commencement falls
short of the date when he or she attains the age of 60 years or the date
when his or her future age and the accumulated judicial service to pension
commencement would amount to 80 years, whichever of those dates occurs
first.
(2) A vested person who terminates after March 31, 1998 and has attained
the age of 55 years without meeting the requirements of
section 27(2)(b)
(taking into account, if applicable, the effect of
section 27(4)) is
entitled to receive a pension, with respect to pensionable service
occurring after March 31, 1998, in the form and in the amount of a normal
pension, reduced however, if applicable, in amount by 3/12 of 1% for each
complete month (with a proration for the additional portion, if any, of a
month) by which pension commencement falls short of
(
a) the date when he or she attains the age of 60 years, or
(
b) the date when his or her future age and accumulated judicial
service to pension commencement would amount to 80 years or, if sooner, the
latest pension accrual date,
whichever of the dates specified in clauses (
a) and (
b) occurs last.
Disability pensions
31(1) Subject to subsection (3), a vested person who, before attaining the
age of 55 years,
(
a) satisfies the Judicial Council that he or she has become
totally disabled, and
(
b) either terminates as a result of that disability or had
previously terminated and had elected to receive a deferred pension,
becomes and, subject to
section 32, is entitled to receive a normal
pension.
(2) Subject to subsection (3), a vested person who, before attaining the
age of 55 years,
(
a) satisfies the Judicial Council that he or she
(
i) has become incapable of effectively performing the
regular duties of his or her work as a result of mental or physical
impairment, and
(ii) is not totally disabled,
and
(
b) either terminates as a result of that impairment or had
previously terminated and had elected to receive a deferred pension,
becomes and, subject to
section 32, is entitled to receive a pension in the
form and in the amount of a normal pension, reduced, however, by the amount
by which the pension would have been reduced had
section 30 been applicable
and had termination occurred under the provisions of that section.
(3) A person is not entitled to receive any pension if on LTDI.
(4) In this
section and in
section 32, "totally disabled" means suffering
from a physical or mental impairment that can reasonably be expected to
last for the remainder of the person's lifetime and that prevents the
person from engaging in the duties of a judge.
Disability pension adjustments
32(1) Where a person who has not yet attained the age of 55 years is in
receipt of a pension under
section 31(1) and
(
a) does not submit the evidence required under
section 65 of the
continuing total disability, or
(
b) the Judicial Council finds that he or she is no longer totally
disabled,
the Minister may have the pension reduced to the amount provided for by
section 31(2).
(2) Where a person who has not yet attained the age of 55 years is in
receipt of a pension under
section 31(2) and satisfies the Judicial Council
that he or she is totally disabled, the Minister may upgrade the pension to
a pension under
section 31(1) with effect from the date of the application
for the upgrading.
(3) Where a person who has not yet attained the age of 55 years is in
receipt of a pension under
section 31(2) and the Minister is no longer
satisfied that he or she is eligible for the pension, the Minister may
eliminate payment of the pension.
Postponement of pension
33 A person who has not reached the latest pension accrual date and who
is entitled to receive a pension under
section 27, 30 or 41(
b) may postpone
commencement of the pension to any date up to that date.
Failure to select pension
34 A person who is requested in writing by the Minister to make a choice
of pensions and who fails to do so within 90 days after the request is sent
is deemed for the purposes of the Plan to have chosen a pension in the form
of a normal pension.
Division 2
Death Benefits
Application of Division
35 This Division applies with respect to a person who dies while
(
a) a participant, or
(
b) a former participant who is not receiving a pension but is
entitled to benefits.
Subdivision A
For Service Before 1992
Spouse's benefit on death before pension commence-ment
36 Where there is a surviving spouse, the spouse is entitled to receive a
pension for life in an amount equal to 3/4 of the normal pension.
Benefits to other beneficiaries
Section 39 applies with the reference to
section 29(1)(
a) being taken
as a reference to
section 21(1), as it incorporates
section 29(1)(a).
Subdivision B
For Service After 1991
Spouse's benefit on death before pension commence-ment
38 Where there is a surviving spouse, the spouse is entitled,
(
a) if the deceased was vested, to receive, subject to any maximum
limit imposed by the tax rules, a pension for life in an amount equal to
2/3 of the normal pension, or
(
b) if the deceased was not vested,
(
i) to receive an amount equal to the participant
contributions, or
(ii) to have that amount transferred from the Plan.
Benefits to other beneficiaries
39 Where there is no surviving spouse, the person entitled to receive any
benefit on the death is entitled to receive an amount equal to the
participant contributions except that, if the deceased had attained the age
of 55 years and was vested,
(
a) the deceased is deemed to have chosen a pension under
section
29(1)(
a) on a 10-year term basis if he or she had not made a valid choice
as to the form of pension to be taken, and
(
b) if such a choice had been made, the pension is payable in
accordance with that choice.
Division 3
Benefits on Termination Before Pension Eligibility
Subdivision A
For Service Before 1992
Vested participants under 55
40 Where a vested participant terminates and has not yet attained the age
of 55 years, he or she is entitled to receive, on attaining the age of 55
years, a normal pension.
Subdivision B
For Service After 1991
Vested participants under 55
41 Where a vested participant terminates and has not yet attained the age
of 55 years, he or she is entitled
(
a) to receive an amount equal to the participant contributions or
to have that amount transferred from the Plan, or
(
b) to receive, on attaining the age of 55 years, a pension in the
form and in the amount of a normal pension reduced, however, as specified
section 30(1) to the extent that the pension derives from pensionable
service that occurred after December 31, 1991 and before April 1, 1998 and
section 30(2) to the extent that it derives from pensionable service
occurring after March 31, 1998.
Non-vested participants
42 Where a non-vested participant terminates, he or she is entitled
(
a) to receive an amount equal to the participant contributions, or
(
b) to have that amount transferred from the Plan.
Division 4
Miscellaneous Provisions on Benefits
Cost-of-living increases
43(1) Notwithstanding anything else in the Plan, if the cost of living has
increased in the 12-month period ending on October 31 in the calendar year
previous to the current calendar year, all amounts payable as pensions in
the current calendar year shall be increased by a cost-of-living increase
calculated in accordance with subsections (3) to (6).
(2) The increases shall also be applied to the periods
(
a) of postponement under
section 24 or 33, and
(
b) between termination and the commencement of a deferred pension.
(3) The amount of a cost-of-living increase under this
section shall be
determined using a pension index, calculated in accordance with subsection
(4).
(4) The pension index for each calendar year shall be calculated as
(
a) the quotient obtained by dividing the sum of the consumer price
indices for Alberta, as published by Statistics Canada, for each month in
the 12-month period ending on October 31 in the previous year by the sum of
the corresponding indices for the 12-month period immediately preceding
that period, adjusted to 3 digits after the decimal point, or
(
b) one, if the quotient so obtained is less than 1.
(5) Subject to subsection (6), the monthly amount of a pension in one
calendar year shall be increased, if applicable, annually with effect from
January 1 of the following calendar year so that the amount payable, to the
nearest cent, for a month in that following year is an amount equal to the
product obtained by multiplying
(
a) the amount that would have been payable for that month if no
increase had been made under this section,
(b) 1 + .6X,
where X is equal to the pension index (calculated in accordance with
subsection (4)) minus 1.
(6) Where a pension has commenced in the calendar year immediately
preceding the effective date of a cost-of-living increase, the amount of
the increase shall be multiplied by the fraction obtained by dividing the
number of complete months in that year during which the pension was paid by
Interest allowance
44(1) Where the Plan provides for the allowing of interest, interest shall
be allowed at the rate, compounded annually, calculated in the manner and
applied at the times, provided in subsections (2) to (5).
(2) Subject to this section, the rate of interest to be allowed for the
purposes of subsection (1) is the rate that is calculated on and as of the
first day of the calendar year on the basis of the average of the yields of
5-year personal fixed term chartered bank deposit rates maintained by
Statistics Canada as CANSIM Series B 14045, over the most recent 12-month
period for which the rates are available and, where that rate results in a
fraction of 1% that is expressed otherwise than as a multiple of a full
1/10 of 1%, rounded downwards to the next full 1/10 of 1%.
(3) Interest shall be applied on the first day of each calendar year with
respect to all contributions, with interest accumulated up to the end of
the calendar year immediately preceding the most recently completed
calendar year.
(4) Interest shall be applied on the first day of each fiscal year to
contributions made during the most recently completed calendar year at 1/2
of the applicable rate provided by subsection (2).
(5) Where a person becomes entitled to have a benefit, other than a
pension, paid to him or her or transferred, interest shall be applied to
the end of the month immediately preceding the date of payment,
(
a) at the rate calculated by dividing 365 into the product of the
number of days in the uncompleted fiscal year with respect to which
interest is to be paid and the applicable rate provided for by subsection
(2) at the end of the immediately preceding fiscal year, and
(
b) to contributions made during the more recent uncompleted
calendar year, at 1/2 of the rate applied under clause (a).
Pension commence-ment
45(1) Where a person becomes entitled to receive a pension under
section
19(1), 27 or 30 and does not postpone commencement of that pension, the
effective date of the commencement of the pension is the day after
termination.
(2) Where a person becomes entitled to receive a pension under
section 22
or 31, the effective date of the commencement of the pension is the latest
(
a) the date indicated in the application for the pension,
(
b) the day of receipt of the application by the Minister, and
(
c) the day after termination.
(3) Where a person becomes entitled to receive a pension under
section
40(
b) or 41(
b) and does not postpone commencement of that pension, the
effective date of the commencement of the pension is the latest of
(
a) the date indicated in the application for the pension,
(
b) the day of receipt of the application by the Minister, and
(
c) the day after the person attains the age of 55 years.
(4) Where a person postpones commencement of a pension, the effective date
of the commencement of the pension is the later of
(
a) the date indicated in the application for the pension, and
(
b) the day of receipt of the application by the Minister,
but in any case no later than the latest pension accrual date.
(5) Notwithstanding subsection (2) or (3), the Minister may treat the
effective date of the commencement of a pension under that subsection as
being a date that is not more than 6 months prior to the date that would
otherwise be the effective date under that subsection and that is not prior
to the day after termination.
(6) The effective date of the commencement of a pension under Division 2
Part 5 is the day following the death of the deceased.
Commence-ment of guaranteed term of years
46 The guaranteed term of a guaranteed term pension is to be taken as
commencing on pension commencement.
Suspension of pension on employment
47(1) Where a pensioner receiving a pension becomes engaged to work for an
employer as defined in the Management Employees Pension Plan (AR 367/93) or
the Public Service Pension Plan (AR 368/93) and is required to make
participant current service contributions under the Management Employees
Pension Plan or under the Public Service Pension Plan, as the case may be,
the pension is suspended from the day he or she becomes a participant of
that pension plan until no longer a participant.
(2) Where a pensioner receiving a pension becomes engaged to work for an
employer referred to in subsection (1) and is not required to make
participant current service contributions so referred to, the pension is
suspended while so engaged if the period of work
(
a) in any year exceeds a total of
(i) 4 months or 84 working days, or
(ii) such longer period, not exceeding 8 months or 168
working days, as the Minister directs,
(
b) commences during the 3-month period immediately following the
effective date of the pension.
(3) Subsection (1) or (2) does not apply to a person appointed as a
supernumerary judge of the Provincial Court unless the pension is liable to
suspension under that subsection as a result solely of work other than as a
supernumerary judge.
Suspension of pension on reappointment
48(1) Where a pensioner receiving a pension is reappointed as a judge, the
pension is suspended from the day he or she again becomes a participant
until termination.
(2) The reappointed participant is entitled, on again terminating, to an
additional pension based solely on pensionable service accumulated after
the reappointment.
Beneficiaries
49(1) Any person on whose death a benefit is payable is a participant for
the purposes of
section 47 of the Trustee Act.
(2) Where a person designates his or her estate as being entitled to
receive a benefit payable on death, or makes a designation using words
indicative of the estate or of the representative capacity of his or her
personal representative, he or she is deemed to have designated the
personal representative of the estate in the representative capacity.
(3) Where,
(
a) at the death of a person on whose death a benefit is payable,
there is no valid designation by the deceased filed with the Minister, or
(
b) after the death but before any payment is made under subsection
(4), there is filed with the Minister a valid revocation by the deceased
of a designation filed with the Minister
and no valid designation is filed with the Minister before any such payment
is made, the person entitled to receive any benefit payable on the death is
the deceased's spouse, if there is a surviving spouse, or the personal
representative of the deceased's estate, if there is no surviving spouse.
(4) When a benefit is paid to a surviving spouse or the personal
representative of an estate by virtue of the operation of subsection (3),
the payment is validly made as against the Plan, the Minister, the Minister
of Finance and the Government notwithstanding that a designation is filed
after the payment is made, and the person who would have been entitled
under the designation has no right to any benefit as a result of the
designation.
(5) A benefit paid on the death of any person otherwise than to the
personal representative of a deceased's estate is not part of the estate of
the deceased and is not subject to the claims of the deceased's creditors.
(6) The right of any person under
section 47 of the Trustee Act or this
section to a benefit is subject to any rights given by Division 1 or 2 to
any other person.
Method of payment of pensions
50(1) A pension shall be paid on a monthly basis in an amount equal to
1/12 of the annual