Alberta Gazette — 15 December 2007 (Part II)
15 December 2007
Alberta — Gazette
Alberta Regulation 216/2007
Marketing of Agricultural Products Act
ALBERTA SUGAR BEET GROWERS AUTHORIZATION
AMENDMENT REGULATION
Filed: November 16, 2007
For information only: Made by the Alberta Agricultural Products Marketing Council
on October 25, 2007 pursuant to sections 26 and 27 of the Marketing of Agricultural
Products Act and approved by the Minister of Agriculture and Food on November 6,
1 The Alberta Sugar Beet Growers Authorization
Regulation (AR 286/97) is amended by this Regulation.
Section 6 is amended by striking out "November 30, 2007"
and substituting "November 30, 2008".
--------------------------------
Alberta Regulation 217/2007
Marketing of Agricultural Products Act
ALBERTA SUGAR BEET GROWERS NEGOTIATION, MEDIATION AND
ARBITRATION AMENDMENT REGULATION
Filed: November 16, 2007
For information only: Made by the Alberta Agricultural Products Marketing Council
on October 25, 2007 pursuant to
section 33 of the Marketing of Agricultural Products
Act and approved by the Minister of Agriculture and Food on November 5, 2007.
1 The Alberta Sugar Beet Growers Negotiation, Mediation
and Arbitration Regulation (AR 285/97) is amended by this
Regulation.
Section 39 is amended by striking out "November 30, 2007"
and substituting "November 30, 2008".
Alberta Regulation 218/2007
Marketing of Agricultural Products Act
SUGAR BEET PRODUCTION AND MARKETING
AMENDMENT REGULATION
Filed: November 16, 2007
For information only: Made by the Alberta Sugar Beet Growers on November 2,
2007 pursuant to sections 26 and 27 of the Marketing of Agricultural Products Act
and approved by the Alberta Agricultural Products Marketing Council on November
6, 2007.
1 The Sugar Beet Production and Marketing Regulation
(AR 287/97) is amended by this Regulation.
Section 51 is amended by striking out "November 30, 2007"
and substituting "November 30, 2008".
--------------------------------
Alberta Regulation 219/2007
Wildlife Act
WILDLIFE (SPECIES LISTING, 2007) AMENDMENT REGULATION
Filed: November 20, 2007
For information only: Made by the Minister of Sustainable Resource Development
(M.O. 44/07) on November 14, 2007 pursuant to
section 103(1) of the Wildlife Act.
1 The Wildlife Regulation (AR 143/97) is amended by this
Regulation.
Part 3 of
Schedule 6 is amended by striking out "(None
prescribed so far)" and substituting the following:
Sub-Part 1
Endangered Plants
Cryptantha minima
(Tiny Cryptanthe)1
Tradescantia occidentalis
(Western Spiderwort)1
Tripterocalyx micranthus
(Small-flowered Sand Verbena)2
Yucca glauca
(Soapweed) (Yucca)1
1 These organisms are further categorized as "endangered" by the
Department.
2 These organisms are further categorized as "threatened"
by the Department.
Sub-Part 2
Endangered Algae
(None prescribed so far)
Sub-Part 3
Endangered Fungi
(None prescribed so far)
Schedule 6 is amended
(
a) by relocating footnotes 1, 2 and 3 occurring after
Sub-Part 2 of
Part 1 to the end of the
Schedule
without any alteration except adding "Footnotes to the
Schedule" before footnote 1;
(
b) in
Part 4 by striking out "(None prescribed so far)" and
substituting the following:
Acipenser fulvescens
(Lake Sturgeon)3
Coregonus zenithicus
(Shortjaw Cisco)3
Cottus bairdi
(St. Mary Sculpin)3
Hybognathus argyritis
(Western Silvery Minnow)3
Noturus flavus
(Stonecat) 3
--------------------------------
Alberta Regulation 220/2007
Land Agents Licensing Act
LAND AGENTS LICENSING AMENDMENT REGULATION
Filed: November 21, 2007
For information only: Made by the Lieutenant Governor in Council (O.C. 510/2007)
on November 21, 2007 pursuant to
section 25 of the Land Agents Licensing Act.
1 The Land Agents Licensing Regulation (AR 227/2001) is
amended by this Regulation.
Section 1 is amended by repealing clauses (
d) and (
e) and substituting the following:
(d) "interim land agent licence" means an interim land agent
licence issued under
section 4;
(e) "performance evaluation" means a performance evaluation in
the form in
Schedule 1.1;
(f) "permanent land agent licence" means a permanent land
agent licence issued under
section 5;
(g) "trainee" means a person who holds an interim land agent
licence and is being trained by a trainer to become a
permanent land agent;
(h) "trainer" means a corporation or an individual that provides
training for a trainee to become a permanent land agent;
(i) "training agreement" means land agent training agreement
described in
section 3.1.
3 The following is added after
section 3:
Training agreement
3.1(1) A land agent training agreement is a contract between a
trainee and a trainer
(
a) that includes
(
i) an undertaking by the trainer to ensure that the
trainee will work under the supervision of
permanent land agent licensees who have been
actively involved in land agent work during the 3
years immediately preceding the date of the
trainee's interim land agent licence application,
(ii) an undertaking that the trainee will carry out the
number of negotiations required by the Registrar,
and
(iii) an undertaking by the trainer to complete and file
with the Registrar a performance evaluation that
will be based, in part, on comments from the
permanent land agent licensees who will supervise
the trainee,
(
b) that is signed by the trainee and the trainer or the
trainer's authorized representative, and
(
c) that expires on the expiry date of the trainee's interim
land agent licence.
(2) A training agreement
(
a) may be renewed on the renewal of the trainee's interim
land agent licence, and
(
b) may be terminated by the trainee or the trainer by
giving, to the other party, a written notice that sets out
the termination date and the reasons for termination and
within 7 days of giving that notice by giving the
Registrar a copy of the notice.
(3) If a training agreement is terminated under subsection (2)(b),
the Registrar may, in accordance with
section 7 of the Act, suspend
the trainee's interim land agent licence until the trainee files, with
the Registrar, a copy of a new training agreement.
Section 4 is amended
(
a) in subsection (1) by repealing clauses (
b) and (
c) and substituting the following:
(
b) subject to subsection (1.1), satisfactorily completed at
least 2 years of post-secondary education that, in the
Registrar's opinion, is relevant to the activities of a land
agent,
(
c) satisfactorily completed the interim land agent licence
examination set by the Registrar, and
(
d) entered into and filed with the Registrar a training
agreement.
(
b) by adding the following after subsection (1):
(1.1) The Registrar may waive the 2 years of post-secondary
education described in subsection (1)(
b) if the applicant
satisfies the Registrar that the applicant has the equivalent
competence and is suitable to be trained as a land agent.
(1.2) The Registrar may impose conditions on a waiver
granted under subsection (1.1).
(
c) in subsection (4) by striking out "form established by
the Registrar under
section 5(1)(c)" and substituting "in
Schedule 1.1".
Section 5 is amended
(
a) by repealing subsection (1) and substituting the
following:
Permanent land agent licences
5(1) The Registrar may issue a permanent land agent licence
to an individual who holds or has held an interim land agent
licence if that individual
(
a) has worked as a land agent for a period of at least
12 consecutive months, without the interim land
agent licence being suspended, under the
supervision of one or more of the permanent land
agent licensees who meet the qualifications set out
section 3.1(1)(a)(i),
(
b) has successfully completed a land agent education
program acceptable to the Registrar,
(
c) has satisfactorily completed the permanent land
agent licence examination set by the Registrar, and
(
d) has carried out the number of negotiations required
under
section 3.1(1)(a)(ii) in a manner that is
satisfactory to the Registrar,
and if the trainer of the individual has completed and filed
with the Registrar a performance evaluation that meets the
requirements of
section 3.1(1)(a)(iii).
(
b) in subsection (3) by striking out "may" and
substituting "may, subject to subsection (3.1),";
(
c) by adding the following after subsection (3):
(3.1) The qualifications for the renewal of a permanent land
agent licence are that the applicant has spent at least 14 hours
in one or both of the following activities in the previous 2
years:
(
a) attending courses, seminars or conferences satisfactory
to the Registrar;
(
b) serving on a committee or board, satisfactory to the
Registrar, that carries out activities relevant to land
agent work.
(3.2) An applicant for a renewal of a permanent land agent
licence must complete and submit to the Registrar the
permanent land agent licence renewal qualification form set
out in
Schedule 1.2 and provide any additional information
requested by the Registrar.
(
d) in subsection (5)
(
i) by striking out "subsection (6)" and substituting
"compliance with subsections (3.1), (3.2) and (6)";
(ii) by striking out "expires or expired before the
commencement of this subsection," and substituting
"expires,";
(
e) by repealing subsection (6) and substituting the
following:
(6) If an application for a new permanent land agent licence is
made more than 12 months after the previous permanent land
agent licence expired, the applicant must, before a new
permanent land agent licence is issued,
(
a) satisfactorily complete a permanent land agent licence
examination set by the Registrar, and
(
b) if the application is made more than 36 months after the
previous permanent land agent licence expired, fulfill
any additional qualifications as set by the Registrar.
(
f) by adding the following after subsection (6):
(7) A land agent who obtains a permanent land agent licence
must keep, for at least 5 years, records evidencing that the land
agent has met the eligibility requirements
(
a) for that licence, and
(
b) for any renewal of that licence.
Section 7 is amended by renumbering it as
section 7(1)
and by adding the following after subsection (1):
(2) A land agent must offer to explain to the owner or the owner's
agent the proposed terms of the agreement referred to in subsection
(1).
Section 10 is repealed and the following is substituted:
Standards of conduct of land agents
10 When negotiating for or acquiring an interest in land, land
agents must conduct themselves in a professional and ethical
manner, and in accordance with any standards of conduct
established by the Registrar.
8 The following is added after
section 10:
Transitional
10.1(1) In this section,
(a) "amended Regulation" means the Land Agents
Licensing Regulation (AR 227/2001) as amended on
November 30, 2007 by the Land Agents Licensing
Amendment Regulation;
(b) "previous Regulation" means the Land Agents
Licensing Regulation (AR 227/2001) as it read
immediately before it was amended on November 30,
2007 by the Land Agents Licensing Amendment
Regulation.
(2) Section 4(1)(
b) of the amended Regulation does not apply to
an individual who holds an interim land agent licence on
November 30, 2007 who
(
a) fails to renew the licence before it expires, but
(
b) applies for a new interim land agent licence within 30
days after the existing licence expires.
(3) Section 5(1) of the previous Regulation, instead of
section 5(1)
of the amended Regulation, applies to an individual who holds an
interim land agent licence on November 30 2007.
(4) Section 5(3.1) and (3.2) of the amended Regulation do not
apply to an individual who holds a permanent land agent licence
on November 30, 2007 until after the licence is first renewed after
November 30,
Section 12 is amended by striking out "November 30, 2007"
and substituting "November 30, 2012".
10 The following is added after
Schedule 1:
Schedule 1.1
(section 3.1)
Performance Evaluation
1 (trainer) certifies that under the Training Agreement
dated (dd/mm/yyy)
(1) (interim land agent) , holding Interim Land Agent Licence
Number ________, has completed the following requirements set
by the Registrar of Land Agents:
? Successfully passed the Distance Learning Course based
on the Reference Manual for Alberta Land Agents.
? Conducted (number) of the minimum 10 required
negotiations for interests in land in Alberta that were observed
by one or more of the permanent land agents named in this
evaluation.
Legal
Description
(as shown on
title)
Type of
Negotiation
e.g. Easement,
Surface Lease,
etc.
Date of
Agreement
(yyyy/mm/dd)
Name of
Person(
s) Negotiated
With
Telephone
Numbers
? Conducted (number) of the minimum 15 required
negotiations for interests in land in Alberta that were reviewed
by one or more of the permanent land agents named in this
evaluation.
Legal
Description
(as shown on
title)
Type of
Negotiation
e.g. Easement,
Surface Lease,
etc.
Date of
Agreement
(yyyy/mm/dd)
Name of
Person(
s) Negotiated
With
Telephone
Numbers
(2) The following permanent land agents supervised (interim
land agent) :
(a) (name) (licence number)
(b) (name) (licence number)
(c) (name) (licence number)
(d) (name) (licence number)
(3) The permanent land agents named in subsection (2) held a
valid permanent land agent licence and were actively involved in
land agent work for at least 3 years immediately preceding the
date of (interim land agent) 's interim land agent licence
application.
(4) The following comments on (interim land agent) 's
performance were reviewed and agreed to by the permanent land
agents named in subsection (2):
(
a) describe the articling land agent's performance in such
matters as attention to detail in negotiations and
documentation, congeniality with land owners,
adherence to time limits and standards of conduct
prescribed in the Regulation, skill development in
relation to the employer's expectations and general
integrity in performance of land agent work
(
b) identify any areas for recommended improvement or
change and additional training:
(
c) describe what you have done to encourage development
in those areas described in clause (b)
2 (trainer) recommends that the Registrar of Land Agents
? Accept
? Not Accept (give reasons):
(interim land agent) 's application for a permanent land agent
licence under the Land Agents Licensing Regulation (Alberta).
(signature of trainer or trainer's authorized representative)
(date)
Schedule 1.2
(section 5(3.2))
Permanent Land Agent Licence
Renewal Qualification Form
I (first name) (middle name) (last name) , holding
Permanent Land Agent licence number _________, certify that
since the issuance of or the last renewal of my Permanent Land
Agent licence I spent (number of hours) as outlined in the
following categories below:
A. Courses, Seminars and Conferences Relevant to Land Agent
Work
Name of Course or Seminar
Dates Attended
Number of Hours
B. Committee or Board Membership Relevant to Land Agent Work
Name of Committee or
Board
Position
Dates
(from - to)
Number of
Hours
(signature) (date)
Note: Before a Permanent Land Agent Licence is renewed, the
licensee must have spent at least 14 hours in one or both of the
categories above.
11 This Regulation comes into force on November 30,
--------------------------------
Alberta Regulation 221/2007
Public Sector Pension Plans Act
PUBLIC SECTOR PENSION PLANS (LEGISLATIVE PROVISIONS AND
PLANS PORTABILITY ARRANGEMENTS, 2007)
AMENDMENT REGULATION
Filed: November 21, 2007
For information only: Made by the Lieutenant Governor in Council (O.C. 524/2007)
on November 21, 2007 pursuant to Schedules 1, 2 and 5, sections 4 and 12 of the
Public Sector Pension Plans Act.
Part 1
Public Sector Pension Plans
(Legislative Provisions) Regulation
1 The Public Sector Pension Plans (Legislative Provisions)
Regulation (AR 365/93) is amended by this Part.
Section 10 is repealed.
Section 16.15 is amended
(
a) by repealing subsection (1) and substituting the
following:
Portability arrangements between LAPP, PSPP,
MEPP and Teachers' Plans
16.15(1) Pursuant to applicable provisions of sections 12(g.1)
of Schedules 1 and 2 and
section 12(1)(g.1) of
Schedule 5 to
the Act and subject to subsection (1.1), the Minister may
establish a portability arrangement between any 2 of the Local
Authorities Pension Plan, the Public Service Pension Plan, the
Management Employees Pension Plan and both (but not
separately) the Teachers' Pension Plan and the Private School
Teachers' Pension Plan for the purpose of enabling the transfer
of pension entitlements with respect to an eligible participant or
former participant.
(1.1) A portability arrangement under subsection (1) is to be
made
(
a) as it affects the Teachers' Pension Plan and the Private
School Teachers' Pension Plan (together) and another
pension plan referred to in subsection (1), by an
agreement between the Teachers' Pension Plans Board
of Trustees and the Minister under this
section and
sections 58 of Schedules 1 and 2 to the Teachers' and
Private School Teachers' Pension Plans (AR 203/95),
and
(
b) if the Teachers' Pension Plan and the Private School
Teachers' Pension Plan are not involved, by order of the
Minister after consulting with the pension boards for the
plans involved.
(
b) in subsection (2) by striking out "(1)" and
substituting "(1.1)(b)".
Part 2
Local Authorities Pension Plan
4 The Local Authorities Pension Plan (AR 366/93) is
amended by this Part.
Section 2(1) is amended
(
a) by repealing clause (i);
(
b) in clause (
j) by striking out ", but including any such
value to be determined on a transfer under a new reciprocal
agreement";
(
c) in clause (
l) by adding "or (e)" after "20(1.1)(d)";
(
d) in clause (
z) by adding "the repealed" after "specified
in";
(
e) in clause (aa) by striking out "is" and substituting
"was";
(
f) in clause (hh)
(
i) by striking out "into under" and substituting "into
before the commencement of the Public Sector Pension
Plans (Legislative Provisions and Plans Portability
Arrangements, 2007) Amendment Regulation under the
repealed";
(ii) by adding "the repealed" after "an order under";
(
g) by adding the following after clause (nn):
(nn.1) "special portability arrangement" means an agreement
under
section 85.1(1) or 98.1(1), or both;
Section 10(i)(
B) is amended by striking out "immediately
before the commencement of this clause" and substituting "the end
of 1999".
Section 11.1(3) is amended by striking out "reciprocal
agreement" and substituting "special portability arrangement or a
portability arrangement established under
section 16.15 of the
Regulations".
Section 17(1) is amended by striking out ", 15 or 16" and
substituting "or 15".
Section 20(1.1) is amended by repealing clause (
e) and
substituting the following:
(
e) a period that was or is to be taken into account as pensionable
service under this Plan under
(
i) a portability arrangement established under
section
16.15 of the Regulations, or
(ii) a special portability arrangement.
Section 23(1) is amended by striking out ", except in the
case of a payment into the Plan under a reciprocal agreement,".
Section 29 is amended
(
a) in subsection (1)
(
i) in clause (a)
(
A) in subclause (iv) by striking out "that is"
and substituting "or a special portability
arrangement that was or is";
(
B) by repealing subclause (
v) and
substituting the following:
(
v) any part of a sum paid into the Plan from
another pension plan under a portability
arrangement established under
section 16.15
of the Regulations that is recognized by the
Minister as employee contributions,
(ii) in clause (b)(i)(
C) by striking out "and performed
with a party to a reciprocal agreement" and
substituting "or a special portability arrangement and
performed with a party to a reciprocal agreement or a
special portability arrangement, as the case may be";
(
b) in subsection (4)(
b) by adding "or a special portability
arrangement" after "agreement";
(
c) in subsection (8)
(
i) by striking out "the Public Service Pension Plan"
and substituting "another pension plan";
(ii) by striking out "Part 2" and substituting "a
portability arrangement established under
section
16.15";
(iii) by striking out "that Part" and substituting "that
section".
Section 33(1)(
c) is amended by striking out "new
reciprocal agreement" and substituting "special portability
arrangement".
Section 34.1 is amended
(
a) in subsection (2) by striking out "84(2)(
a) or 97(2)(a)"
and substituting "85.1(3)(a)(ii) or 98.1(2)(a)";
(
b) in subsection (3) by striking out "reciprocal agreement"
and substituting "special portability arrangement or a
portability arrangement established under
section 16.15 of
the Regulations".
Section 67(1) is amended by striking out "the other party
to a reciprocal agreement" and substituting "another party to a
special portability arrangement".
Section 68 is amended by striking out "an old reciprocal
agreement" and substituting "a reciprocal agreement, a special
portability arrangement or a portability arrangement established under
section 16.15 of the Regulations".
Section 69 is amended
(
a) in clause (c)
(
i) by striking out "reciprocal agreement" and
substituting "special portability arrangement";
(ii) by striking out "84(2)(a)" and substituting
"85.1(3)(a)";
(
b) in clause (c.1) by striking out "the Public Service
Pension Plan" and substituting "another pension plan".
Section 70(1) is amended
(
a) in clause (c)
(
i) by striking out "reciprocal agreement" and
substituting "special portability arrangement";
(ii) by striking out "84(2)(a)" and substituting
"85.1(3)(a)";
(
b) in clause (
d) by striking out "the Public Service Pension
Plan" and substituting "another pension plan".
Section 71 is amended
(
a) by striking out "reciprocal agreement that" and
substituting "special portability arrangement that";
(
b) by striking out "reciprocal agreement under
section
84(2)(a)" and substituting "special portability
arrangement under
section 85.1(3)(a)(ii)".
Section 72 is amended
(
a) in clause (c)
(
i) by striking out "reciprocal agreement" and
substituting "special portability arrangement";
(ii) by striking out "97(2)(a)" and substituting
"98.1(2)(a)";
(
b) in clause (c.1) by striking out "the Public Service
Pension Plan" and substituting "another pension plan".
Section 73(1) is amended
(
a) in clause (c)
(
i) by striking out "reciprocal agreement" and
substituting "special portability arrangement";
(ii) by striking out "97(2)(a)" and substituting
"98.1(2)(a)";
(
b) in clause (
d) by striking out "the Public Service Pension
Plan" and substituting "another pension plan".
Section 74 is amended
(
a) by striking out "84(2)(a)" and substituting
"85.1(3)(a)(ii)";
(
b) by striking out "97(2)(a)" and substituting
"98.1(2)(a)(ii)".
Section 84 is repealed.
23 The following is added before
section 86:
Saving of reciprocal agreements involving SFPP
84.1(1) Notwithstanding the repeal of
section 84 by the Public
Sector Pension Plans (Legislative Provisions and Plans Portability
Arrangements, 2007) Amendment Regulation, reciprocal
agreements entered into under that repealed
section between the
Plan and the Special Forces Pension Plan remain in force without
any further amendment.
(2) Reciprocal agreements referred to in subsection (1) are to be
administered and construed in accordance with the Public Sector
Pension Plan legislation, principal and subordinate, that existed
immediately before the repeal of
section 84.
Special portability arrangements
85.1(1) The Minister may enter into agreements with the
administrators of any registered pension plan sponsored or partially
other province or territory in Canada or any local authority within
any province or territory of Canada establishing arrangements for
the purposes of enabling the transfer of pension entitlements
between the Plan and those pension plans.
(2) Before establishing a special portability arrangement, the
Minister must receive a written assurance from the Board that,
based on the advice of the Plan's actuary, implementation of that
arrangement is not expected to have a material adverse financial
effect on the Plan.
(3) A special portability arrangement must provide
(
a) for pension entitlements under the Plan, based on all
pensionable service, whether accumulated before or
after the end of 1991, to be transferred from the Plan in
an amount that does not exceed the greater of
(
i) the actuarial present value of the pension
entitlements calculated as if the person were, at the
time the application for transfer is received by the
Minister, entitled to a pension with respect to that
pensionable service, and
(ii) the sum of the commuted value and, if applicable,
employee contribution excess at termination,
(
b) for service that is eligible to be recognized as
pensionable service as a result of a transfer to be so
recognized only on payment into the Plan of the
actuarial present value of the pension entitlements that
would be created in the Plan as a result of the transfer,
and
(
c) for money that is locked in under the transferring plan
to continue to be locked in under the transferee plan
even if it would not be locked in under the transferee
plan but for this requirement,
appropriate.
(4) The actuarial present values referred to in subsection (3)(a)(
i) are to be calculated so as to include future salary and cost-of-living
increase projections.
(5) Section 1(2) of the Act
Schedule does not apply to the
definition of "reciprocal agreement" with respect to the
interpretation of provisions of these plan rules relating to special
portability arrangements that were made by the Public Sector
Pension Plans (Legislative Provisions and Plans Portability
Arrangements, 2007) Amendment Regulation.
Section 97 is repealed.
25 The following is added after
section 97:
Saving of reciprocal agreements involving SFPP
97.1
Section 84.1 applies with references to
section 84 being
treated as references to
section 97.
26 The following is added before
section 99:
Special portability arrangements
98.1(1)
Section 85.1(1) and (2) apply.
(2) A special portability arrangement must provide
(
a) for pension entitlements under the Plan, based on all
pensionable service, whether accumulated before or
after the end of 1991, to be transferred from the Plan in
an amount that does not exceed the greater of
(
i) the actuarial present value of the pension
entitlements calculated as if the person were, at the
time the application for transfer is received by the
Minister, entitled to a pension with respect to that
pensionable service, and
(ii) the sum of the commuted value and, if applicable,
employee contribution excess at termination,
and
(
b) for the matters provided for in
section 85.1(3)(
b) and
(c),
appropriate.
(3) Section 85.1(4) and (5) apply, with the reference in the former
section 85.1(3)(a)(
i) being treated as referring to subsection
(2)(a)(i).
27 Sections 114, 115, 117 and 117.1(7) are repealed.
28 The following is added before
Schedule 1:
Saving of reciprocal agreements for notice purposes
119(1) Notwithstanding the repeal of sections 84 and 97 by the
Public Sector Pension Plans (Legislative Provisions and Plans
Portability Arrangements, 2007) Amendment Regulation but
subject to sections 84.1 and 97.1, a reciprocal agreement falling
within those sections remains in force for the purpose of enabling
the giving of notice of termination of the agreement to other parties
to the agreement and, subject to this section, until the effective date
of that termination.
(2) Where a reciprocal agreement is terminated under subsection
(1),
(
a) a person who immediately before the termination of the
agreement was participating in the Plan and had
previously made arrangements for periodic instalment
payments with respect to prior service that had not yet
been completed is to continue to make payments under
those arrangements under the same terms and
conditions, including the rate of interest, until payment
is made in full,
(
b) the employer is liable to continue to make those
contributions, if any, with interest at the rate formerly
payable, in respect of that service, that the employer
would have been liable to make had the agreement not
been terminated, and
(
c) service for which such payments had been made is to be
credited as pensionable service.
Part 2 of
Schedule 2 is amended by striking out "the
commencement of
section 11(h)" and substituting "January 1,
1994".
30 The word "commencement" is struck out wherever it
occurs in the following provisions and is substituted by the
phrase "January 1, 1994":
section 10(a)(i), (b)(i), (
c) and (h);
section 11(f);
section 26(1);
section 79(1)(a);
section 91(1) and (2);
section 105(1) and (2).
Part 3
Management Employees Pension Plan
31 The Management Employees Pension Plan (AR 367/93)
is amended by this Part.
Section 2(1) is amended
(
a) by repealing clause (i);
(
b) in clause (
j) by striking out ", but including any such
value to be determined on a transfer under a new reciprocal
agreement";
(
c) in clause (
l) by adding "or (e)" after "20(1.1)(d)";
(
d) in clause (
z) by adding "the repealed" after "specified
in";
(
e) in clause (aa) by striking out "is" and substituting
"was";
(
f) in clause (hh)
(
i) by striking out "into under" and substituting "into
before the commencement of the Public Sector Pension
Plans (Legislative Provisions and Plans Portability
Arrangements, 2007) Amendment Regulation under the
repealed";
(ii) by adding "the repealed" after "an order under";
(
g) by adding the following after clause (nn):
(nn.1) "special portability arrangement" means an agreement
under
section 85.1(1) or 98.1(1), or both;
Section 20(1.1) is amended by adding the following
after clause (d):
(
e) a period that is to be taken into account as pensionable
service under this Plan under
(
i) a portability arrangement established under
section
16.15 of the Regulations, or
(ii) a special portability arrangement.
Section 23(1) is amended by striking out ", except in the
case of a payment into the Plan under a reciprocal agreement,".
Section 29 is amended
(
a) in subsection (1)
(
i) in clause (a)
(
A) in subclause (iv) by striking out "that is"
and substituting "or a special portability
arrangement that was or is";
(
B) by striking out "and" at the end of
subclause (iii), adding "and" at the end of
subclause (iv) and adding the following
after subclause (iv):
(
v) any part of a sum paid into the Plan from
another pension plan under a portability
arrangement established under
section 16.15
of the Regulations that is recognized by the
Minister as employee contributions,
(ii) in clause (b)(i)(
C) by striking out "and performed
with a party to a reciprocal agreement" and
substituting "or a special portability arrangement and
performed with a party to a reciprocal agreement or a
special portability arrangement, as the case may be";
(
b) in subsection (4)(
b) by adding "or a special portability
arrangement" after "agreement".
Section 33(1)(
c) is amended by striking out "new
reciprocal agreement" and substituting "special portability
arrangement".
Section 34.1 is amended
(
a) in subsection (2) by striking out "84(2)(a)(
i) or
97(2)(a)" and substituting "85.1(3)(a)(ii) or 98.1(2)(a)";
(
b) in subsection (3) by striking out "reciprocal agreement"
and substituting "special portability arrangement or a
portability arrangement established under
section 16.15 of
the Regulations".
Section 67(1) is amended by striking out "the other party
to a reciprocal agreement" and substituting "another party to a
special portability arrangement".
Section 68 is amended by striking out "an old reciprocal
agreement" and substituting "a reciprocal agreement, a special
portability arrangement or a portability arrangement established under
section 16.15 of the Regulations".
Section 69(
c) is amended
(
a) by striking out "reciprocal agreement" and substituting
"special portability arrangement";
(
b) by striking out "84(2)(a)" and substituting
"85.1(3)(a)".
Section 71 is amended
(
a) by striking out "reciprocal agreement that" and
substituting "special portability arrangement that";
(
b) by striking out "reciprocal agreement under
section
84(2)(a)" and substituting "special portability
arrangement under
section 85.1(3)(a)(ii)".
42 Sections 72(
c) and 73(
c) are amended
(
a) by striking out "reciprocal agreement" and substituting
"special portability arrangement";
(
b) by striking out "97(2)(a)" and substituting
"98.1(2)(a)".
Section 74 is amended
(
a) by striking out "84(2)(a)" and substituting
"85.1(3)(a)(ii)";
(
b) by striking out "97(2)(a)" and substituting
"98.1(2)(a)(ii)".
Section 84 is repealed.
Section 85 is amended by striking out "reciprocal
agreement" and substituting "special portability arrangement or a
portability arrangement established under
section 16.15 of the
Regulations".
46 The following is added after
section 85:
Special portability arrangements
85.1(1) The Minister may enter into agreements with the
administrators of any registered pension plan sponsored or partially
other province or territory in Canada or any local authority within
any province or territory of Canada establishing arrangements for
the purposes of enabling the transfer of pension entitlements
between the Plan and those pension plans.
(2) Before establishing a special portability arrangement, the
Minister must receive a written assurance from the Board that,
based on the advice of the Plan's actuary, implementation of that
arrangement is not expected to have a material adverse financial
effect on the Plan.
(3) A special portability arrangement must provide
(
a) for pension entitlements under the Plan, based on all
pensionable service, whether accumulated before or
after the end of 1991, to be transferred from the Plan in
an amount that does not exceed the greater of
(
i) the actuarial present value of the pension
entitlements calculated as if the person were, at the
time the application for transfer is received by the
Minister, entitled to a pension with respect to that
pensionable service, and
(ii) the sum of the commuted value and, if applicable,
employee contribution excess at termination,
(
b) for service that is eligible to be recognized as
pensionable service as a result of a transfer to be so
recognized only on payment into the Plan of the
actuarial present value of the pension entitlements that
would be created in the Plan as a result of the transfer,
and
(
c) for money that is locked in under the transferring plan
to continue to be locked in under the transferee plan
even if it would not be locked in under the transferee
plan but for this requirement,
appropriate.
(4) The actuarial present values referred to in subsection (3)(a)(
i) are to be calculated so as to include future salary and cost-of-living
increase projections.
(5) Section 1(2) of the Act
Schedule does not apply to the
definition of "reciprocal agreement" with respect to the
interpretation of provisions of these plan rules relating to special
portability arrangements that were made by the Public Sector
Pension Plans (Legislative Provisions and Plans Portability
Arrangements, 2007) Amendment Regulation.
Section 97 is repealed.
48 The following is added after
section 98:
Special portability arrangements
98.1(1)
Section 85.1(1) and (2) apply.
(2) A special portability arrangement must provide
(
a) for pension entitlements under the Plan, based on all
pensionable service, whether accumulated before or
after the end of 1991, to be transferred from the Plan in
an amount that does not exceed the greater of
(
i) the actuarial present value of the pension
entitlements calculated as if the person were, at the
time the application for transfer is received by the
Minister, entitled to a pension with respect to that
pensionable service, and
(ii) the sum of the commuted value and, if applicable,
employee contribution excess at termination,
and
(
b) for the matters provided for in
section 85.1(3)(
b) and
(c),
appropriate.
(3) Section 85.1(4) and (5) apply, with the reference in the former
section 85.1(3)(a)(
i) being treated as referring to subsection
(2)(a)(i).
49 Sections 114, 115 and 117 are repealed.
50 The following is added before
Schedule 1:
Saving of reciprocal agreements for notice purposes
119(1) Notwithstanding the repeal of sections 84 and 97 by the
Public Sector Pension Plans (Legislative Provisions and Plans
Portability Arrangements, 2007) Amendment Regulation, a
reciprocal agreement falling within those sections remains in force
for the purpose of enabling the giving of notice of termination of
the agreement to other parties to the agreement and, subject to this
section, until the effective date of that termination.
(2) Where a reciprocal agreement is terminated under subsection
(1),
(
a) a person who immediately before the termination of the
agreement was participating in the Plan and had
previously made arrangements for periodic instalment
payments with respect to prior service that had not yet
been completed is to continue to make payments under
those arrangements under the same terms and
conditions, including the rate of interest, until payment
is made in full,
(
b) the employer is liable to continue to make those
contributions, if any, with interest at the rate formerly
payable, in respect of that service, that the employer
would have been liable to make had the agreement not
been terminated, and
(
c) service for which such payments had been made is to be
credited as pensionable service.
51 The word "commencement" is struck out wherever it
occurs in the following provisions and is substituted by the
phrase "January 1, 1994":
section 2(1)(h.1)(ii)(C);
section 10(h);
section 26(1);
section 79(1)(a);
section 91(1) and (2);
section 105(1) and (2).
Part 4
Public Service Pension Plan
52 The Public Service Pension Plan (AR 368/93) is
amended by this Part.
Section 2(1) is amended
(
a) by repealing clause (i);
(
b) in clause (
j) by striking out ", but including any such
value to be determined on a transfer under a new reciprocal
agreement";
(
c) in clause (
l) by adding "or (e)" after "20(1.1)(d)";
(
d) in clause (
z) by adding "the repealed" after "specified
in";
(
e) in clause (aa) by striking out "is" and substituting
"was";
(
f) in clause (hh)
(
i) by striking out "into under" and substituting "into
before the commencement of the Public Sector Pension
Plans (Legislative Provisions and Plans Portability
Arrangements, 2007) Amendment Regulation under the
repealed";
(ii) by adding "the repealed" after "an order under";
(
g) by adding the following after clause (nn):
(nn.1) "special portability arrangement" means an agreement
under
section 85.1(1) or 98.1(1), or both;
Section 20(1.1) is amended by repealing clause (
e) and
substituting the following:
(
e) a period that was or is to be taken into account as pensionable
service under this Plan under
(
i) a portability arrangement established under
section
16.15 of the Regulations, or
(ii) a special portability arrangement.
Section 23(1) is amended by striking out ", except in the
case of a payment into the Plan under a reciprocal agreement,".
Section 29 is amended
(
a) in subsection (1)
(
i) in clause (a)
(
A) in subclause (iv) by striking out "that is"
and substituting "or a special portability
arrangement that was or is";
(
B) by repealing subclause (
v) and
substituting the following:
(
v) any part of a sum paid into the Plan from
another pension plan under a portability
arrangement established under
section 16.15
of the Regulations that is recognized by the
Minister as employee contributions,
(ii) in clause (b)(i)(
C) by striking out "and performed
with a party to a reciprocal agreement" and
substituting "or a special portability arrangement and
performed with a party to a reciprocal agreement or a
special portability arrangement, as the case may be";
(
b) in subsection (4)(
b) by adding "or a special portability
arrangement" after "agreement";
(
c) in subsection (8)
(
i) by striking out "the Local Authorities Pension Plan"
and substituting "another pension plan";
(ii) by striking out "Part 2" and substituting "a
portability arrangement established under
section
16.15";
(iii) by striking out "that Part" and substituting "that
section".
Section 32.1(2)(
a) is amended by striking out "the
commencement of this section" and substituting "February 22,
2006".
Section 33(1)(
c) is amended by striking out "new
reciprocal agreement" and substituting "special portability
arrangement".
Section 34.1 is amended
(
a) in subsection (2) by striking out "84(2)(
a) or 97(2)(a)"
and substituting "85.1(3)(a)(ii) or 98.1(2)(a)";
(
b) in subsection (3) by striking out "reciprocal agreement"
and substituting "special portability arrangement or a
portability arrangement established under
section 16.15 of
the Regulations".
Section 67(1) is amended by striking out "the other party
to a reciprocal agreement" and substituting "another party to a
special portability arrangement".
Section 68 is amended by striking out "an old reciprocal
agreement" and substituting "a reciprocal agreement, a special
portability arrangement or a portability arrangement established under
section 16.15 of the Regulations".
Section 69 is amended
(
a) in clause (c)
(
i) by striking out "reciprocal agreement" and
substituting "special portability arrangement";
(ii) by striking out "84(2)(a)" and substituting
"85.1(3)(a)";
(
b) in clause (c.1) by striking out "the Local Authorities
Pension Plan" and substituting "another pension plan".
Section 70(1) is amended
(
a) in clause (c)
(
i) by striking out "reciprocal agreement" and
substituting "special portability arrangement";
(ii) by striking out "84(2)(a)" and substituting
"85.1(3)(a)";
(
b) in clause (
d) by striking out "the Local Authorities
Pension Plan" and substituting "another pension plan".
Section 71 is amended
(
a) by striking out "reciprocal agreement that" and
substituting "special portability arrangement that";
(
b) by striking out "reciprocal agreement under
section
84(2)(a)" and substituting "special portability
arrangement under
section 85.1(3)(a)(ii)".
Section 72 is amended
(
a) in clause (c)
(
i) by striking out "reciprocal agreement" and
substituting "special portability arrangement";
(ii) by striking out "97(2)(a)" and substituting
"98.1(2)(a)";
(
b) in clause (c.1) by striking out "the Local Authorities
Pension Plan" and substituting "another pension plan".
Section 73(1) is amended
(
a) in clause (c)
(
i) by striking out "reciprocal agreement" and
substituting "special portability arrangement";
(ii) by striking out "97(2)(a)" and substituting
"98.1(2)(a)";
(
b) in clause (
d) by striking out "the Local Authorities
Pension Plan" and substituting "another pension plan".
Section 74 is amended
(
a) by striking out "84(2)(a)" and substituting
"85.1(3)(a)(ii)";
(
b) by striking out "97(2)(a)" and substituting
"98.1(2)(a)(ii)".
Section 84 is repealed.
Section 85 is amended by striking out "reciprocal
agreement" and substituting "special portability arrangement or a
portability arrangement established under
section 16.15 of the
Regulations".
70 The following is added after
section 85:
Special portability arrangements
85.1(1) The Minister may enter into agreements with the
administrators of any registered pension plan sponsored or partially
other province or territory in Canada or any local authority within
any province or territory of Canada establishing arrangements for
the purposes of enabling the transfer of pension entitlements
between the Plan and those pension plans.
(2) Before establishing a special portability arrangement, the
Minister must receive a written assurance from the Board that,
based on the advice of the Plan's actuary, implementation of that
arrangement is not expected to have a material adverse financial
effect on the Plan.
(3) A special portability arrangement must provide
(
a) for pension entitlements under the Plan, based on all
pensionable service, whether accumulated before or
after the end of 1991, to be transferred from the Plan in
an amount that does not exceed the greater of
(
i) the actuarial present value of the pension
entitlements calculated as if the person were, at the
time the application for transfer is received by the
Minister, entitled to a pension with respect to that
pensionable service, and
(ii) the sum of the commuted value and, if applicable,
employee contribution excess at termination,
(
b) for service that is eligible to be recognized as
pensionable service as a result of a transfer to be so
recognized only on payment into the Plan of the
actuarial present value of the pension entitlements that
would be created in the Plan as a result of the transfer,
and
(
c) for money that is locked in under the transferring plan
to continue to be locked in under the transferee plan
even if it would not be locked in under the transferee
plan but for this requirement,
appropriate.
(4) The actuarial present values referred to in subsection (3)(a)(
i) are to be calculated so as to include future salary and cost-of-living
increase projections.
(5) Section 1(2) of the Act
Schedule does not apply to the
definition of "reciprocal agreement" with respect to the
interpretation of provisions of these plan rules relating to special
portability arrangements that were made by the Public Sector
Pension Plans (Legislative Provisions and Plans Portability
Arrangements, 2007) Amendment Regulation.
Section 97 is repealed.
72 The following is added after
section 98:
Special portability arrangements
98.1(1)
Section 85.1(1) and (2) apply.
(2) A special portability arrangement must provide
(
a) for pension entitlements under the Plan, based on all
pensionable service, whether accumulated before or
after the end of 1991, to be transferred from the Plan in
an amount that does not exceed the greater of
(
i) the actuarial present value of the pension
entitlements calculated as if the person were, at the
time the application for transfer is received by the
Minister, entitled to a pension with respect to that
pensionable service, and
(ii) the sum of the commuted value and, if applicable,
employee contribution excess at termination,
and
(
b) for the matters provided for in
section 85.1(3)(
b) and
(c),
appropriate.
(3) Section 85.1(4) and (5) apply, with the reference in the former
section 85.1(3)(a)(
i) being treated as referring to subsection
(2)(a)(i).
73 Sections 114, 115 and 117 are repealed.
74 The following is added before
Schedule 1:
Saving of reciprocal agreements for notice purposes
119(1) Notwithstanding the repeal of sections 84 and 97 by the
Public Sector Pension Plans (Legislative Provisions and Plans
Portability Arrangements, 2007) Amendment Regulation, a
reciprocal agreement falling within those sections remains in force
for the purpose of enabling the giving of notice of termination of
the agreement to other parties to the agreement and, subject to this
section, until the effective date of that termination.
(2) Where a reciprocal agreement is terminated under subsection
(1),
(
a) a person who immediately before the termination of the
agreement was participating in the Plan and had
previously made arrangements for periodic instalment
payments with respect to prior service that had not yet
been completed is to continue to make payments under
those arrangements under the same terms and
conditions, including the rate of interest, until payment
is made in full,
(
b) the employer is liable to continue to make those
contributions, if any, with interest at the rate formerly
payable, in respect of that service, that the employer
would have been liable to make had the agreement not
been terminated, and
(
c) service for which such payments had been made is to be
credited as pensionable service.
Part 2 of
Schedule 2 is amended by striking out "10(C)"
and substituting "10(c)".
76 The word "commencement" is struck out wherever it
occurs in the following provisions and is substituted by the
phrase "January 1, 1994":
section 2(1)(h.1)(ii)(C);
section 10(h);
section 11(f);
section 26(1);
section 79(1)(a);
section 91(1) and (2);
section 105(1) and (2).
--------------------------------
Alberta Regulation 222/2007
Public Sector Pension Plans Act
PUBLIC SECTOR PENSION PLANS (LEGISLATIVE PROVISIONS)
(MARRIAGE BREAKDOWN, 2007) AMENDMENT REGULATION
Filed: November 21, 2007
For information only: Made by the Lieutenant Governor in Council (O.C. 525/2007)
on November 21, 2007 pursuant to Schedules 1, 2, 4, 5 and 6,
section 12 of the Public
Sector Pension Plans Act.
1 The Public Sector Pension Plans (Legislative Provisions)
Regulation (AR 365/93) is amended by this Regulation.
Section 13(3) is amended by striking out "2007" and
substituting "2009".
--------------------------------
Alberta Regulation 223/2007
Marketing of Agricultural Products Act
ALBERTA MILK PLAN MINIMUM PRICE FOR
SUB-CLASS 1A MILK ORDER
Filed: November 23, 2007
For information only: Made by the Alberta Energy and Utilities Board on November
23, 2007 pursuant to
section 5(4) of the Alberta Milk Plan Regulation (AR 150/2002).
Minimum price for sub-class 1a milk
1 The minimum price for sub-class 1a milk to be paid by processors
for a hectolitre of sub-class 1a milk is $79.89.
Repeal
2 The Alberta Milk Plan Minimum Price for Sub-class 1a Milk Order
(AR 211/2007) is repealed.
Coming into force
3 This Order comes into force on December 15, 2007.
--------------------------------
Alberta Regulation 224/2007
Employment Pension Plans Act
EMPLOYMENT PENSION PLANS (LETTERS OF CREDIT, ETC.)
AMENDMENT REGULATION
Filed: November 28, 2007
For information only: Made by the Lieutenant Governor in Council (O.C. 539/2007)
on November 28, 2007 pursuant to
section 87 of the Employment Pension Plans Act.
1 The Employment Pension Plans Regulation (AR 35/2000)
is amended by this Regulation.
Section 2(1) is amended
(
a) by adding the following after clause (a.5):
(a.55) "conforming letter of credit" means a letter of credit
(
i) in respect of which all the requirements of
section
48.1(2) are met, and
(ii) which, and the issuing of which, with reference to
the circumstances set out in
section 48.1, meets all
the requirements of the tax Act;
(
b) by adding the following before clause (i):
(h.1) "letter of credit" means a letter of credit that is in
accordance with the rules of International Standby
Practices ISP98 (Publication No. 590) of the
International Chamber of Commerce and, where
applicable, includes any renewal, amendment or
confirmation of such a letter of credit or the documents
evidencing such a renewal, amendment or confirmation;
Section 2(2)(
b) is amended by striking out "and" at the
end of subclause (i), adding a comma at the end of
subclause (ii)(B), adding "and" on the line following
subclause (ii) and adding the following at the end:
(iii) money committed under a conforming letter of credit.
4 The following is added after
section 2(2):
(2.1) References in this Regulation to the issuing of a letter of
credit are to be taken to mean,
(
a) where the letter of credit is or was renewed (whether
with or without an increase or decrease in the amount
covered), to the renewal or the latest renewal of it or to
the letter of credit as renewed, and
(
b) where the letter of credit is or was confirmed, to the
confirmation or the latest confirmation of it or to the
letter of credit as confirmed,
as the case may be, and, for the avoidance of any doubt, to include
the replacement of an existing letter of credit.
(2.2) References in this Regulation to confirmation, in the context
of a letter of credit, mean the assumption, whether by force of law
or of contract, by a Canadian banking subsidiary of a foreign bank
of liability for any payments under the letter of credit for which
that foreign parent bank is liable but does not pay.
Section 4(
a) is amended by adding ", (2), (3.2) and (3.3)"
after "50(1)".
Section 16(1)(
e) is amended by adding "and" at the end of
subclause (i), striking out ", and" at the end of subclause (ii)
and repealing subclause (iii).
Section 40 is amended by adding the following after
subsection (6):
(6.1) Notwithstanding subsection (6), a LIF may be established for a
non-member-pension partner who has not yet attained the age of 50
years, and the RRIF has full effect as a LIF, where
(
a) the member-pension partner owner dies, or
(
b) a matrimonial property order or agreement provides for the
splitting of money held in a LIF whose owner is the
member-pension partner.
(6.2) Where a LIF is established under subsection (6.1), then, until
the non-member-pension partner attains the age of 50 years, the
maximum amount that may be withdrawn from that LIF in any year
is the minimum amount that must be withdrawn from it under the tax
Act in that year.
Section 43(9) is amended by striking out "section 39(5.1),
40(4)(b)," and substituting "sections 39(5.1), 40(4)(
b) and".
Section 46.1 is amended
(
a) in subsection (1)(b)(ii) by striking out "(19)" and
substituting "(18)";
(
b) in subsection (18)(
c) by adding a comma after
"membership".
Section 48 is amended
(
a) in subsection (1) by striking out "applies" and
substituting "and
section 48.1 apply";
(
b) in subsection (2) by adding "and, to the extent if any
applicable,
section 48.1" after "with, this section";
(
c) in subsection (3) by striking out "section" and
substituting "sections 48.1 and".
11 The following is added after
section 48:
Use of letters of credit for meeting solvency deficiencies
48.1(1) In this section,
(a) "acceptable rating" means a current rating, given by a
credit rating agency to a bank, which rating is at least
equal to at least one of the following ratings, namely,
(
i) A, from Dominion Bond Rating Service Limited,
(ii) A, from Fitch Ratings,
(iii) A2, from Moody's Investors Service, and
(iv) A, from Standard & Poor's Ratings Services;
(b) "bank" means
(
i) a bank that, by virtue of
section 14 or 14.1 of the
Bank Act (Canada), is or is to be set out in
Schedule I, II or III to that Act, or
(ii) Alberta Treasury Branches;
(c) "credit rating agency" means an agency referred to in
any of clause (a)(
i) to (iv) or any other similar agency
approved by the Superintendent for the purposes of this
section;
(d) "expiry" means the time when a letter of credit expires;
(e) "holder" means the fund holder to whose benefit the
letter of credit in question is made out pursuant to
subsection (3)(c), or that fund holder's successor;
(f) "issuer" means a bank that has an acceptable rating and
is a member of the Canadian Payments Association;
(g) "obligated issuer" means an issuer that is contractually
liable for payment under a conforming letter of credit if
money is drawn down under the letter of credit;
(h) "solvency deficiency payments" means the special
payments under
section 48(3)(c);
(i) "termination report" means the report under
section
76(3) of the Act.
(2) An employer, other than a participating employer under a
specified multi-employer plan, may, instead of making some or
all of the required solvency deficiency payments, use or continue
to use a letter of credit to secure those solvency deficiency
payments for a particular year if and only if the letter of credit
and the bank obligated under the letter of credit satisfy the
requirements of this section.
(3) A letter of credit may not be used for the purposes of
section
48 or this section, and therefore lacks the potential to qualify as a
conforming letter of credit, unless the letter of credit (including
one as renewed)
(
a) is an irrevocable and unconditional standby letter of
credit,
(
b) was issued by a bank that was an issuer,
(
c) is made out to the benefit of a fund holder in trust for
the depositing of it, and of any money paid under it, into
the pension fund,
(
d) specifies the time from when it becomes effective and,
subject to subsection (5), its expiry time,
(
e) makes the issuer that issued it contractually liable, if
money is drawn down under it, for paying out money
under its terms,
(
f) is issued in Canadian currency, and
(
g) provides that
(
i) on the drawdown of money under it, the obligated
issuer will, forthwith after the drawdown demand,
pay to the holder the amount, not exceeding its
face amount, that is demanded under the
drawdown, without further inquiry,
(ii) the insolvency or bankruptcy of the employer is to
have no effect on the rights or the obligations of
the obligated issuer or the holder under it,
(iii) immediately following each expiry time, it will, in
accordance with subsequent provisions of this
section, be renewed, replaced or allowed to expire
without renewal or replacement,
(iv) the obligated issuer must, if applicable, give the
minimum 90 days' notices required by subsection
(9), and
(
v) it may not be
(
A) assigned except by the issuer to another
issuer, or
(
B) amended except
(
I) on a renewal to increase or, in
accordance with subsection (7), to
decrease the amount covered by it,
(II) where a successor issuer has taken over
the rights and obligations under it from a
predecessor issuer, to change the name
of that predecessor to that of that
successor, or
(III) following an assignment, to reflect the
change in issuer, if considered
advisable.
(4) To avail itself of subsection (2), when a letter of credit
intended as a conforming letter of credit is to be initially issued,
an employer must, at least 90 days before the day when the next
in the series of solvency deficiency payments following its issue
date falls due, forward the original or a photocopy of the
executed letter of credit for the Superintendent's review and
approval.
(5) The expiry time of a conforming letter of credit must be not
later than one year from the time it takes effect following its
issue.
(6) At least 90 days before an existing conforming letter of
credit is due to expire, an employer must make known to the
holder and the Superintendent whether, at expiry, the letter of
credit is to be
(
a) renewed, by giving them notice of that fact and of the
amount for which is to be renewed,
(
b) replaced, by forwarding the original or a photocopy of
the replacing executed letter of credit for the
Superintendent's review and approval and notifying the
holder of that transmission, or
(
c) allowed to expire without renewal or replacement on
account of its no longer being needed, by giving them
notice of that fact,
and, so far as applicable, by following the respective process set
out in subsection (7) or (8), as the case may be.
(7) Subject to subsection (15)(b), if the amount for which a
conforming letter of credit is to be renewed or replaced will be
less than the amount covered by the letter of credit to be renewed
or replaced, the employer must
(
a) provide to the Superintendent, along with the document
sent to the Superintendent under subsection (6)(
a) or
(b), a current actuarial valuation report showing that
after the reduction the funding requirements of
section
48 and this
section will continue to be met,
(
b) remit to the holder, along with the notice sent to the
holder under subsection (6)(
a) or (b), a portion of the
amount covered by the letter of credit to be renewed or
replaced and at the same time notify the Superintendent
of that remittance with the amount, or
(
c) implement a combination of clauses (
a) and (b),
in which case the amount of the renewing or replacing letter of
credit may be reduced to the extent indicated in that actuarial
valuation report, by the amount of the remittance under clause
(
b) or by the combination of both, as the case may be.
(8) If a conforming letter of credit is to be allowed to expire
without being renewed or replaced, the employer must, at least
90 days before its expiry, provide to the Superintendent, along
with the notice to the Superintendent referred to in subsection
(6)(c), a current actuarial valuation report showing that after
expiry the funding requirements of
section 48 will continue to be
met.
(9) If the obligated issuer decides that it is not going to renew
the conforming letter of credit, it shall notify the employer, the
holder and the Superintendent of that fact at least 90 days before
its expiry.
(10) The Superintendent shall, within 30 days after receiving a
letter of credit or copy forwarded under subsection (4) or (6)(
b) that receives approval, return it to the employer along with an
acknowledgement that the letter of credit conforms.
(11) The employer must forward the approved original
conforming letter of credit to the holder, along with a copy of the
Superintendent's acknowledgement of conformity,
(
a) if the letter of credit is being initially issued, on or
before the day when the first in the series of solvency
deficiency payments to which the letter of credit relates
following its issue date falls due, or
(
b) if the letter of credit is replacing another, at least 15
days before expiry.
(12) If the expiring conforming letter of credit is to be renewed,
the employer must forward to the holder and to the
Superintendent a copy of the document renewing it at least 15
days before expiry.
(13) Notwithstanding anything in this section, if the bank
obligated under a conforming letter of credit ceases to be an
issuer, the letter of credit may continue to be used for all the
purposes of this
section as a conforming letter of credit, and that
bank is deemed to remain an obligated issuer, until its expiry, but
it may not be renewed.
(14) If, 14 days before expiry, the holder has not received notice
that the pension plan is or is about to be wholly terminated and
still has not received all the documents that the employer was
required by subsection (6) and, so far as applicable, subsection
(7) or (8), to send to the holder, the holder shall on the next
business day draw down the full amount of the letter of credit.
(15) If the pension plan is or is about to be wholly terminated,
the employer must
(
a) maintain the letter of credit in force, and
(
b) if necessary, renew or replace it without any decrease in
the amount covered, and thereafter maintain it,
until the Superintendent has approved the termination report and
the employer has received permission to cancel under subsection
(16)(
a) or made the remittance under subsection (17) or
drawdown has been effectuated under subsection (17).
(16) At the time of notifying the employer that the termination
report is approved, the Superintendent shall also notify the
employer, with a copy to the holder, that based on that report
(
a) the plan is fully solvent and the letter of credit may be
cancelled, or
(
b) there is still a solvency deficiency,
and, if clause (
b) applies, state the amount of the solvency
deficiency that must be remitted to the holder.
(17) If applicable, the employer must, within 14 days after the
date of the Superintendent's notice to the employer of the
solvency deficiency under subsection (16), ensure that the holder
has received the amount so notified and the holder, if the
remittance is not so received, shall, on the next business day after
that 14-day period ends, draw down the lesser of the full amount
of the letter of credit and the amount specified in that notice.
(18) A drawdown under a conforming letter of credit is to be
made by the holder in writing or in such other form as the letter
of credit allows.
(19) Nothing in this
section is to be taken to reduce any
employer's liabilities under
section 73 of the Act or the rules
prescribed in relation to that section.
(20) Where the employer is a participating employer under a
multi-unit plan, that employer, instead of providing the
documentation required by this
section to the holder, must
provide it to the administrator, who shall then forthwith forward
it to the holder.
(21) If the obligated issuer
(
a) is about to assign the conforming letter of credit to
another issuer, as allowed by subsection (3)(g)(v)(A), or
(
b) is a predecessor issuer whose rights and obligations
under the conforming letter of credit are about to be
taken over by a successor issuer,
both issuers shall give notice of the proposed transaction to the
Superintendent and to the holder.
(22) Subject to subsection (18), a notification that is to be given
to or by the Superintendent or any other person under this
section, and any approval that is to be given by the
Superintendent, must be given in writing.
(23) The employer must either
(
a) make interest payments related to the solvency
deficiency payments secured by the conforming letter of
credit monthly within 30 days after the end of the month
to which the interest payments relate at the interest rate
used to establish each solvency deficiency, or
(
b) include in the letter of credit the interest payments
referred to in clause (
a) for the period covered by the
letter of credit.
(24) The employer must pay any fees related to the
establishment and maintenance of the conforming letter of credit
separately, and those fees may not be included in the letter of
credit or charged as a cost to the pension plan.
(25) When a person becomes entitled to receive a benefit
payment, other than an ongoing pension payment, from the
pension plan and while some or all of the solvency deficiency
payments remain covered by a conforming letter of credit, the
employer must
(
a) make one lump sum payment to the plan in an amount
that is equal to any transfer deficiency that exists and to
the extent that it relates to the person, before making the
payment to or on behalf of the person, or
(
b) include a payment in the same amount in the next
remittance of contributions.
(26) A conforming letter of credit is not an asset of the plan for
the purposes of determining its solvency ratio or the going
concern assets.
Section 49 is amended by adding the following after
subsection (5):
(6) For the purposes of this
section and
section 50 of the Act, the
issue of a conforming letter of credit meets the requirement for the
remitting of such amount of contributions as is covered by the letter
of credit.
Section 55(1) is amended by adding ", 48.1" after "48".
Section 60.1 is amended by striking out "are" and
substituting "is".
Section 63 is amended
(
a) in subsection (1) by adding "and, if applicable,
section
48.1" after "48";
(
b) in subsection (2)(
b) by adding "and, if applicable,
section 48.1" before "of this".
Section 67.1(
a) is amended by striking out "46.1(18)"
and substituting "46.1(17)".
Section 73.1 is amended by striking out "require" and
substituting "required".
18 Paragraph 19(2) of Form 1 of
Schedule 1 is amended by
striking out "original" wherever it occurs and substituting
"deceased".
19 The phrase "paragraph (1)(1)(n)" found in the asterisked
paragraph immediately before
Part 1, Form 2 of
Schedule 1
is struck out and substituted by the phrase "paragraph
1(1)(n)".
20 The bracketed reference immediately below the
heading "Form 4" in
Schedule 1 is amended by adding
"section" after "Act and".
Alberta Regulation 225/2007
Alberta Investment Management Corporation Act
ALBERTA INVESTMENT MANAGEMENT CORPORATION REGULATION
Filed: November 28, 2007
For information only: Made by the Lieutenant Governor in Council (O.C. 541/2007)
on November 28, 2007 pursuant to
section 20 of the Alberta Investment Management
Corporation Act.
Table of Contents
Definitions
2 Term of appointment
3 Ceasing to hold office
4 Eligibility
5 Qualifications
6 Nominating committee
7 Indemnities
8 Borrowing
9 Investing
10 Reserve fund
11 Coming into force
Definitions
1 In this Regulation,
(a) "chair" means the chair of the board;
(b) "senior publicly traded issuer" means a publicly traded issuer
that has or had a market capitalization of at least
$75 000 000.
Term of appointment
2(1) The term of office of a director must not exceed 3 years, but no
director shall serve for more than 3 terms or 9 years, whichever occurs
first.
(2) Notwithstanding subsection (1), a director continues to hold office
after that director's term of office has expired until
(
a) the director is reappointed,
(
b) a successor is appointed, or
(
c) a period of 6 months has elapsed,
whichever occurs first.
(3) In determining the term of an appointment, the Lieutenant
Governor in Council shall have regard to the desirability of having no
more than 1/3 of the appointments expire in any one year.
(4) In making an appointment, the Lieutenant Governor in Council
shall have regard to the desirability of having a board that is comprised
of individuals who, in the aggregate, have the full range of skills,
knowledge and experience necessary to be able to effectively lead the
Corporation in achieving its objects.
(5) Subsection (3) applies to appointments made on or after January 1,
Ceasing to hold office
3(1) A director ceases to hold office when
(
a) the director resigns,
(
b) the director becomes ineligible under
section 4(2), or
(
c) the director's appointment expires or is terminated by the
Lieutenant Governor in Council.
(2) A resignation of a director becomes effective when received by the
chair, in writing, or at the time specified in the resignation, whichever
is later.
(3) The chair shall send a copy of the director's resignation to the
Minister forthwith.
Eligibility
4(1) The following individuals are not eligible to become a director:
(
a) an individual who is less than 18 years of age;
(
b) an individual who
(
i) is a dependent adult as defined in the Dependent Adults
Act or is the subject of a certificate of incapacity under
that Act,
(ii) is a formal patient as defined in the Mental Health Act,
(iii) has been found to be a person of unsound mind by a
court elsewhere than in Alberta;
(
c) an individual who has the status of bankrupt in Canada or
equivalent status in any other jurisdiction;
(
d) an individual who
(
i) within the immediately preceding 5 years, has been
convicted of an indictable offence or of an offence of a
similar nature in another jurisdiction, or
(ii) has been convicted of an offence under the Bank Act
(Canada) or the Loan and Trust Corporations Act, the
Credit Union Act, the Insurance Act or the Securities
Act, or an equivalent law of another jurisdiction;
(
e) an individual, other than the Deputy Minister of the Minister,
who is an employee of, or who is an employee of an agent of,
the Crown;
(
f) an individual who is a Member of the Legislative Assembly
of Alberta.
(2) A director is disqualified if the person
(
a) was ineligible to become a director under subsection (1),
(
b) becomes an individual referred to in subsection (1)(b), (c),
(
e) or (f), or
(
c) is convicted of an offence referred to in subsection (1)(d).
(3) An act of the board or a committee of the board is valid
notwithstanding that a director may have been ineligible or disqualified
under this section.
Qualifications
5 Individuals appointed to the board must have proven and
demonstrable experience and expertise in investment management,
finance, accounting or law or experience as an executive or a director
in a senior publicly traded issuer.
Nominating committee
6(1) The Minister shall establish a nominating committee to advise
the Minister regarding the appointment of any individual to the board.
(2) The nominating committee must be comprised of at least 3
individuals, each of whom must have proven and demonstrable
experience and expertise in investment management, finance,
accounting or law or experience as an executive or a director in a
senior publicly traded issuer.
(3) The chair is, if the office is not vacant, a member of the
nominating committee.
(4) The nominating committee shall provide the Minister with a short
list of qualified candidates comprised of at least double the number of
positions to be filled, excluding any positions to be filled by
reappointment.
(5) In determining the short list referred to in subsection (4), the
nominating committee must take into account
section 2(4).
(6) The Minister shall recommend to the Lieutenant Governor in
Council only candidates for appointment to the board who have been
provided by the nominating committee.
(7) This
section does not apply with respect to the reappointment of a
director.
(8) This
section applies in respect of persons to be appointed to the
board after January 1, 2008.
Indemnities
7(1) The Corporation may indemnify a person under
section 12(1) of
the Act if authorized by a resolution of the board.
(2) The Corporation must purchase and maintain appropriate liability
insurance, as is commercially reasonable, to indemnify the Corporation
against the costs, charges and expenses in respect of which
indemnification under
section 12(1) of the Act may be required.
(3) The indemnity
(
a) must be in writing and provide that it applies only to the
extent that the person is not otherwise indemnified, and
the Corporation or the Minister.
(4) The Corporation may, under
section 12(2) of the Act, provide
indemnities in writing of the type that the Crown may provide under
section 71(1)(a), (
b) or (
d) of the Financial Administration Act.
Borrowing
8 If authorized by a resolution of the board, the Corporation may,
under
section 18 of the Act, borrow money from the Crown or from a
bank, credit union or treasury branch that is required for the
Corporation's operating, capital or other purposes authorized by the
Minister.
Investing
9 The Corporation may invest its funds only as a participant under
section 40 of the Financial Administration Act.
Reserve fund
10 The Corporation may, if authorized by a resolution of the board,
establish and maintain a reserve fund for the purpose of
(
a) managing money not immediately required for the
Corporation's operating, capital or other authorized purposes,
(
b) repaying any money borrowed under
section 8.
Coming into force
11 This Regulation comes into force on January 1, 2008.
--------------------------------
Alberta Regulation 226/2007
Government Organization Act
CALGARY RESTRICTED DEVELOPMENT AREA
AMENDMENT REGULATION
Filed: November 28, 2007
For information only: Made by the Lieutenant Governor in Council (O.C. 546/2007)
on November 28, 2007 pursuant to
Schedule 5,
section 4 of the Government
Organization Act.
1 The Calgary Restricted Development Area Regulations
(AR 212/76) are amended by this Regulation.
Schedule A, describing land located in Township 22,
Range 29, West of the Fourth Meridian, is amended, with
respect to Sections 25, 26, 35 and 36, by striking out "Area
'A' on Plan 0710614" and substituting "Area 'A' on Plan 0710614;
all that portion of Area 'A' on Plan 0212503 not included on Plan
0710614".
Alberta Regulation 227/2007
Government Organization Act
EDMONTON RESTRICTED DEVELOPMENT AREA
AMENDMENT REGULATION
Filed: November 28, 2007
For information only: Made by the Lieutenant Governor in Council (O.C. 547/2007)
on November 28, 2007 pursuant to
Schedule 5,
section 4 of the Government
Organization Act.
1 The Edmonton Restricted Development Area
Regulations (AR 287/74) are amended by this Regulation.
2 Item 5 of the Schedule, describing land located in
Township 53, Range 23, West of the Fourth Meridian, is
amended by striking out
SECTIONS 16 Plans 892 0981, 022 3214 and Areas A and
& 17: B of Plan 022 4646 showing survey for descriptive
purposes of a right-of-way for a
Transportation/Utility Corridor; EXCEPTING
THEREOUT Area C of Plan 022 4646.
and substituting
SECTIONS 16 Plans 892 0981, 022 3214 and Areas A and
& 17: B of Plan 022 4646 showing survey for descriptive
purposes of a right-of-way for a
Transportation/Utility Corridor; All that area east of
Plan 892 0981, north of Plan 2743 H.W. and south of
Plan 022 3214 within the northwest quarter of
section 16; EXCEPTING THEREOUT Area C of
Plan 022 4646.
3 Item 6 of the Schedule, describing land located in
Township 52, Range 25, West of the Fourth Meridian, is
amended by striking out
SECTION 30: Lot 2, Block 60, Plan 062 0745.
and substituting
SECTION 30: Lot 2, Block 60, Plan 062 0745; All that area of Plan
882 2479 within the southeast quarter of
section 30;
All that area of the original government road
allowance (199 Street) lying between Plan 882 2479
and Plan 062 0745.
4 Item 9 of the Schedule, describing land located in
Township 51, Range 24, West of the Fourth Meridian, is
amended by striking out
SECTIONS 29 Plan 882 2409 showing survey for descriptive
& 30: purposes of a right-of-way for a
Transportation/Utility Corridor; All that area within
LSDs 14, 15 and 16 of
section 29; All that area north
of Plan 882 2409, including Blocks A and B of Plan
5306 K.S.; Area C of Plan 022 0252; EXCEPTING
THEREOUT Plans 4637 E.O., 1136 H.W.,
932 1472, 942 1206, Areas B, D and E on Plan
942 3984, Plan 002 4386; Areas A and B of Plan
022 0252; Plan 022 6042; Plan 992 2396; All that
portion of Road Plan 2312 E.T. lying north and
northeast of Plan 992 2396.
and substituting
SECTIONS 29 Plan 882 2409 showing survey for descriptive
& 30: purposes of a right-of-way for a
Transportation/Utility Corridor; All that area within
LSDs 14, 15 and 16 of
section 29; All that area north
of Plan 882 2409, including Blocks A and B of Plan
5306 K.S.; Area C of Plan 022 0252; All that area
within the original government road allowance (111
Street) lying south of Plan 882 2409 and north of the
projection easterly of the north limit of MacEwan
Road as shown on Plan 022 6042; EXCEPTING
THEREOUT Plans 4637 E.O., 1136 H.W.,
932 1472, 942 1206, Areas B, D and E on Plan
942 3984, Plan 002 4386; Areas A and B of Plan
022 0252; Plan 022 6042; Plan 992 2396; All that
portion of Road Plan 2312 E.T. lying north and
northeast of Plan 992 2396.
5 Item 10 of the Schedule, describing land located in
Township 51, Range 25, West of the Fourth Meridian, is
amended by striking out
SECTIONS Plan 882 2894 showing survey for descriptive
25 & 26: purposes of a right-of-way for a
Transportation/Utility Corridor; All that area of
Block 3 of Plan 822 0275 northwest of Plan
882 2894 within the northeast quarter of
section 25;
Plans 052 5764 and 052 5117; EXCEPTING
THEREOUT Plans 942 1206, 002 0909 and
022 6075.
and substituting
SECTIONS Plan 882 2894 showing survey for descriptive
25 & 26: purposes of a right-of-way for a
Transportation/Utility Corridor; All that area of
Block 3 of Plan 822 0275 northwest of Plan
882 2894 within the northeast quarter of
section 25;
Plans 052 5764 and 052 5117; EXCEPTING
THEREOUT Plans 942 1206, 002 0909, 022 6075,
072 1202 and 072 2548.
--------------------------------
Alberta Regulation 228/2007
Financial Administration Act
FUNDS AND AGENCIES EXEMPTION AMENDMENT REGULATION
Filed: November 28, 2007
For information only: Made by the Lieutenant Governor in Council (O.C. 548/2007)
on November 28, 2007 pursuant to
section 2 of the Financial Administration Act.
1 The Funds and Agencies Exemption Regulation
(AR 128/2002) is amended in
Schedule B by adding "Alberta
Investment Management Corporation" after "Agriculture Financial
Services Corporation".
--------------------------------
Alberta Regulation 229/2007
Personal Property Security Act
PERSONAL PROPERTY SECURITY AMENDMENT REGULATION
Filed: November 28, 2007
For information only: Made by the Lieutenant Governor in Council (O.C. 549/2007)
on November 28, 2007 pursuant to
section 73 of the Personal Property Security Act.
1 The Personal Property Security Regulation (AR 95/2001)
is amended by this Regulation.
Section 4 is repealed.
Section 9 is amended
(
a) in subsection (1)
(
i) by striking out "signed" and substituting
"approved";
(ii) in clause (
a) by striking out "sign" and
substituting "act";
(
b) by repealing subsection (2) and substituting the
following:
(2) The transmitting party may register a financing statement
or financing change statement without requiring proof that the
person approving it had the authority to do so.
(
c) by repealing subsection (3).
4 Sections 10 and 11 are repealed.
Section 12 is repealed and the following is substituted:
Manner of completing forms
12 The information required or permitted by this Regulation to be
set out on a prescribed form submitted for registration in the
Registry must not contain any punctuation marks or symbols other
than those set out in
Schedule 1.
6 Sections 13 and 14 are repealed.
Section 17(4) is repealed.
Section 18 is repealed and the following is substituted:
Re-registration after lapse or discharge
18(1) A secured party may re-register a security interest pursuant
section 35(7) of the Act by registering a financing statement.
(2) Where a financing statement is to be registered under
subsection (1), the secured party must, in the area for "Particulars",
select the heading "Additional Information" and specify
(
a) that the registration is a re-registration pursuant to
section 35(7) of the Act, and
(
b) the registration number of the registration that lapsed or
was discharged.
Section 19 is amended by repealing clauses (
a) and (
b) and substituting the following:
(
a) an individual, or
(
b) an artificial body.
Section 23 is repealed.
Section 24 is amended
(
a) in subsection (1) by adding "Additions and Changes -"
before "Court Order, Other Changes and Additional
Information";
(b) subsection (2) is repealed and the following is
substituted:
(2) A secured party referred to in subsection (1) must, in the area
for "Particulars", select the heading "Additional Information"
and specify
(a) "Further information relating to name or address:",
(
b) the name of the party for whom the name or address
information is incomplete, as that name appears on the
financing statement or financing change statement,
(
c) whether the party referred to in clause (
b) is a debtor or
a secured party,
(
d) whether the incomplete information relates to name or
to address, and
(
e) the name or address information required.
Section 35(1) is amended by repealing clause (
d) and
substituting the following:
(
d) the appropriate category of collateral as set out in
Schedule
Section 38 is repealed.
Section 39 is repealed and the following is substituted:
Court orders, etc.
39 Where a financing statement is submitted in respect of a court
order or receiver's report that is an initial registration, the secured
party must, in the area for "Particulars", select the heading "Court
Order" and specify
(
a) the Court,
(
b) the date and court file number of the order,
(
c) the judicial district out of which it was issued, and
(
d) its effect.
Section 43(
b) is repealed and the following is
substituted:
(
b) in the area for "Particulars", select the heading "Court Order"
and specify
(
i) the Court,
(ii) the date and court file number of the court order,
(iii) the judicial district out of which the court order is
issued, and
(iv) the effect of that court order.
Section 44 is repealed and the following is substituted:
Subordinations
44 Where a financing statement or financing change statement is
submitted in respect of a subordination, the secured party must, in
the area for "Particulars", select the heading "Other Changes" and
set out
(
a) the registration number of the registration to which the
security interest is being subordinated, or where the
security interest is being subordinated to an interest not
registered in the Registry, a description of the interest,
and
(
b) a description of the collateral to which the subordination
applies, if the subordination applies to only part of the
collateral.
Section 47(
d) is repealed and the following is
substituted:
(
d) in the area for "Particulars", select the heading "Other
Changes" and set out the extent of the interest for the
collateral being transferred and the names of the transferor
and transferee.
18 Sections 48 and 49 are repealed and the following is
substituted:
Trust indentures
48 Where a financing change statement is submitted to disclose
that a consolidated registration relates to or no longer relates to a
security interest arising under a trust indenture, the secured party
must, in the area for "Particulars",
(
a) select the heading "Other Changes", and
(
b) state that the consolidated registration relates to or that
the consolidated registration no longer relates to a
security interest arising under the trust indenture.
Section 52 is repealed and the following is substituted:
Seizure of security interest
52 For the purpose of registering a notice of seizure of a security
interest pursuant to
section 51 of the Civil Enforcement Act, the
secured party must complete a financing change statement and, in
the area for "Particulars", select the heading "Other Changes" and
specify
(
a) that seizure of a specified security interest has been
made,
(
b) the name of the enforcement debtor, and
(
c) the name of the enforcement creditor.
Section 54(1) is amended by striking out "and may sign
the financing statement or financing change statement as the secured
party".
Section 55(1) is amended by adding "or other methods
approved by the Registrar" after "ordinary mail".
22 Sections 57, 59 and 62 are repealed.
Section 70 is amended by striking out "June 30, 2008"
and substituting "November 30, 2012".
Schedule 1 is repealed and the following is substituted:
Schedule 1
Character
Comment
Used in
Name
Fields*
Used in
Paragraph
Fields**
Used in
Other
Fields***
a-z, A-Z
Letters of the
Alphabet of the
Language
Yes
Yes
Yes
0-9
Arabic
Numerals
Yes
Yes
Yes
Blanks
Yes
Yes
Yes
Exclamation
Mark
Yes
Double Quote
Yes
Yes
Yes
Pound Sign
Yes
Yes
Yes
Dollar Sign
Yes
Yes
Yes
Percent
Yes
Yes
Yes
Ampersand
Yes
Yes
Yes
Apostrophe
Yes
Yes
Yes
Left Round
Parenthesis
Yes
Yes
Yes
Right Round
Parenthesis
Yes
Yes
Yes
Asterisk
Yes
Yes
Yes
Plus
Yes
Yes
Yes
Comma
Yes
Yes
Yes
Period
Yes
Yes
Yes
Hyphen
Yes
Yes
Yes
Slash
Yes
Yes
Yes
Colon
Yes
Yes
Yes
Semicolon
Yes
Yes
Yes
Greater Than
Yes