Alberta Gazette — 15 August 2017 (Part II)
15 August 2017
Alberta — Gazette
Alberta Regulation 148/2017
Marketing of Agricultural Products Act
ALBERTA OAT GROWERS COMMISSION AMENDMENT REGULATION
Filed: July 18, 2017
For information only: Made by the Alberta Oat Growers Commission on September
23, 2016 and approved by the Alberta Agricultural Products Marketing Council on
October 13, 2016 pursuant to
section 26 of the Marketing of Agricultural Products
Act
1 The Alberta Oat Growers Commission Regulation
(AR 138/2012) is amended by this Regulation.
Section 3(2) is amended by adding "and by Council" after
"special Commission meeting".
Section 20 is amended by striking out "July 31, 2017" and
substituting "July 31, 2022".
--------------------------------
Alberta Regulation 149/2017
Government Organization Act
REGISTRY SERVICES (NON-PAYMENT OF
FEES) AMENDMENT REGULATION
Filed: July 20, 2017
For information only: Made by the Minister of Service Alberta (M.O. SA:006/2017)
on July 18, 2017 pursuant to
section 12(1)(
j) of
Schedule 12 of the Government
Organization Act.
1 The Registry Services (Non-payment of Fees) (AR 28/98)
is amended by this Regulation.
Section 7 is repealed.
Alberta Regulation 150/2017
Debtors' Assistance Act
DEBTORS' ASSISTANCE (EXPIRY DATE EXTENSION)
AMENDMENT REGULATION
Filed: July 21, 2017
For information only: Made by the Minister of Service Alberta (M.O. SA:005/2017)
on July 18, 2017 pursuant to
section 14(1) of the Debtors' Assistance Act.
1 The Debtors' Assistance Regulation (AR 200/2001) is
amended by this Regulation.
Section 8 is amended by striking out "August 31, 2017" and
substituting "August 31, 2022".
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Alberta Regulation 151/2017
Gaming and Liquor Act
GAMING AND LIQUOR AMENDMENT REGULATION
Filed: July 25, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 252/2017)
on July 25, 2017 pursuant to
section 129 of the Gaming and Liquor Act.
1 The Gaming and Liquor Regulation (AR 143/96) is
amended by this Regulation.
Section 34.01 is repealed and the following is
substituted:
Offence to enter licensed facility
34.01 No person shall enter into or remain in a licensed facility if
the person has been convicted of
(
a) an offence under
section 209 of the Criminal Code (Canada),
(
b) an offence under
section 462.31 of the Criminal Code
(Canada), or
(
c) a terrorist activity as defined in the Criminal Code (Canada).
Section 34.1 is repealed and the following is substituted:
Convicted and legally excluded
persons not permitted
34.1(1) No facility licensee or employee or agent of a facility
licensee may permit a person to enter into or remain in the licensed
facility if
(
a) the licensee, employee or agent, as the case may be, knows or
has been advised by the Commission that the person has been
convicted of an offence under
section 209 or 462.31 of the
Criminal Code (Canada),
(
b) the licensee, employee or agent, as the case may be, knows or
has been advised by the Commission that the person has been
convicted of a terrorist activity as defined in the Criminal
Code (Canada), or
(
c) the licensee, employee or agent, as the case may be, knows or
has been advised by the Commission that the person
(
i) has been convicted of an offence under a foreign Act or
regulation that, in the board's opinion, is substantially
similar to an offence under
section 209 or 462.31 of the
Criminal Code (Canada),
(ii) has been convicted of an offence under a foreign Act or
regulation that, in the board's opinion, is substantially
similar to a terrorist activity as defined in the Criminal
Code (Canada), or
(iii) is not, under the laws of a jurisdiction other than
Alberta, permitted to enter into or remain in a place in
which gaming activities in that jurisdiction are
conducted.
(2) The board may issue a notice to facility licensees stating that a
person referred to in subsection (1)(a), (
b) or (
c) may be permitted
to enter a licensed facility and, on the notice being issued,
subsection (1) and
section 34.01 do not apply in respect of that
person unless the board revokes the notice.
4 The following is added after
section 34.2:
Right to refuse entry
34.3(1) For the purposes of this section, "inadmissible" means a
person who
(
a) is enrolled in a self-exclusion program referred to in
section
34.2,
(
b) is charged with, convicted of or believed on reasonable
grounds to be involved in an offence under
section 209 of the
Criminal Code (Canada) or is a person referred to in
section
34.1(1)(c),
(
c) is charged with, convicted of or believed on reasonable
grounds to be involved in an offence under
section 462.31 of
the Criminal Code (Canada),
(
d) is charged with, convicted of or believed on reasonable
grounds to be involved in a terrorist activity as defined in the
Criminal Code (Canada), or
(
e) has engaged in activity, observed by a facility licensee, by an
employee or agent of a facility licensee or by the
Commission, which the licensee, employee, agent or
Commission considers on reasonable grounds to be a
detriment to the integrity of or lawful conduct of gaming
activities at a licensed facility.
(2) If a person is inadmissible,
(
a) a facility licensee or an employee or agent of a facility
licensee or the Commission may request the person to leave
the licensed facility immediately, and
(
b) the Commission may by written notice delivered to the
person, forbid the person to enter a licensed facility at any
time during a period specified in the notice.
Offences
34.4(1) No person shall
(
a) refuse to leave a licensed facility after the person is requested
to leave by a facility licensee, an employee or agent of the
facility licensee or by the Commission,
(
b) enter into or be found in the premises of a licensed facility
(
i) within 24 hours after receiving a request to leave
referred to in
section 34.3(2)(a), or
(ii) within the period specified in a notice referred to in
section 34.3(2)(b).
(2) No facility licensee or employee or agent of a facility licensee
may permit a person referred to in subsection (1) to enter into or
remain in a licensed facility except in accordance with an applicable
notice.
(3) A facility licensee or an employee or agent of the facility
licensee may remove a person or cause the person to be removed,
using no more force than is necessary, if
(
a) after receiving a request to leave referred to in
section
34.3(2)(
a) or (b), the person refuses to leave,
(
b) within 24 hours after receiving a request to leave referred to
section 34.3(2)(
a) the person is found on the premises of
the licensed facility and refuses to leave, or
(
c) within the period specified in a notice referred to in
section
34.3(2)(
b) after receiving a request to leave referred to in
section 34.3(2)(
b) the person is found on the premises of a
licensed facility and refuses to leave.
(4) For greater certainty,
section 117 of the Act applies to a person
referred to in subsection (1).
Section 47(
d) is amended by striking out "a licence referred
to in
section 55(a), (
b) or (c)" and substituting "a licence referred to
section 55(
a) or (b)".
Section 53 is repealed.
Section 55 is repealed and the following is substituted:
Class E liquor licence
55 The following subclasses of a Class E liquor licence are
established:
(
a) manufacturer's licence: authorizes the licensee, in
accordance with board policy,
(
i) to manufacture liquor in the licensed premises,
(ii) to possess and store the liquor it manufactures in the
licensed premises,
(iii) to sell the liquor it manufactures to the Commission,
(iv) to provide the liquor it manufactures to its employees
and their guests for consumption in the licensed
premises,
(
v) if the manufacturer holds a Class A licence for the
licensed premises, to sell or provide the liquor
manufactured in the licensed premises for consumption
in the licensed premises,
(vi) if the manufacturer holds a Class B licence for the
licensed premises, to sell or provide the liquor
manufactured in the licensed premises for consumption
in the licensed premises, and
(vii) if the manufacturer holds a manufacturer's off sales
licence (Class
D) for a premises, to sell or provide the
liquor it manufactures for consumption off those
premises;
(
b) small manufacturer's licence: authorizes the licensee, in
accordance with board policy,
(
i) to manufacture the quantity of liquor approved by the
board in the licensed premises,
(ii) to possess and store the liquor it manufactures in the
licensed premises,
(iii) to sell the liquor that it manufactures to the
Commission,
(iv) to provide the liquor it manufactures to its employees
and their guests for consumption in the licensed
premises,
(
v) if the small manufacturer holds a Class A licence for
one or more licensed premises, to sell or provide the
liquor manufactured under the small manufacturer's
licence for consumption in those licensed premises,
(vi) if the small manufacturer holds a Class B licence for a
licensed premises, to sell or provide the liquor
manufactured in the licensed premises for consumption
in the licensed premises, and
(vii) if the small manufacturer holds a manufacturer's off
sales licence (Class
D) for a premises, to sell or provide
the liquor it manufactures for consumption
(
A) off those premises, and
(
B) off a premises for which the small manufacturer
also holds a Class A licence;
(
c) packaging licence: authorizes the licensee
(
i) to blend, flavour and package liquor in the licensed
premises,
(ii) to possess and store the liquor it blends, flavours and
packages in the licensed premises, and
(iii) to deliver the liquor it blends, flavours and packages to
(
A) a liquor supplier described in
section 1(1)(t)(
i) or
(ii) of the Act, or
(
B) to the Commission on behalf of the liquor supplier.
Section 56 is repealed.
Section 57 is repealed and the following is substituted:
Sale or provision by a manufacturer
57 A manufacturer's licence or small manufacturer's licence and a
Class A liquor licence may not be issued to an applicant in respect of
the same premises unless the person
(
a) agrees to purchase from the Commission at a price
established by the board the liquor it manufactures for sale or
distribution in Alberta, and
(
b) provides security satisfactory to the board to ensure payment
of the purchase price referred to in clause (a).
Section 72(2) and (3) are repealed and the following is
substituted:
(2) Despite subsection (1), but otherwise subject to the regulations,
(
a) one or more Class A liquor licences may be issued to the
holder of a small manufacturer licence (Class E,
section
55(b)),
(
b) a Class A liquor licence may be issued to the holder of a
manufacturer's licence (Class E,
section 55(a)), if the
premises to which the manufacturer's licence relates and the
premises to which the Class A liquor licence relates are
located on the same property,
(
c) a Class B liquor licence may be issued to the holder of a
manufacturer's licence or a small manufacturer's licence
(Class E), if the premises to which the manufacturer's licence
or small manufacturer's licence relates and the premises to
which the Class B liquor licence relates are located on the
same property, or
(
d) as regards the issuance of a Class D, manufacturer's off sales
licence
(
i) a manufacturer's off sales licence may be issued to the
holder of a manufacturer's licence (Class E,
section
55(a)),
(ii) a manufacturer's off sales licence may be issued to the
holder of a small manufacturer's licence (Class E,
section 55(b)), and
(iii) one or more manufacturer's off sales licences may be
issued to the holder of a small manufacturer's licence
(Class E,
section 55(b)) in respect of a licensed
premises for which the small manufacturer holds a
Class A liquor licence.
Section 84 is repealed and the following is substituted:
Exception - certain manufacturers
84 Sections 81 and 82 do not apply to a liquor supplier who holds
one or more licences referred to in
section 72(2) in the manner
authorized by that
section if the manufacturer or small
manufacturer and the licensee are the same person.
12 The heading following
section 100 is repealed and the
following is substituted:
Part 4
Transitional Provisions
and Expiry
Existing licences remain valid
100.1(1) For the purposes of this section, "former regulation"
means the Gaming and Liquor Regulation (AR 143/96) as it existed
before August 15, 2017.
(2) The following licences existing on August 15, 2017 shall
continue to be valid and in force according to their terms until the
expiry date of the licence or the issuance of any new licence in
respect of the licensed premises:
(
a) a manufacturer's licence referred to in
section 55(
a) of the
former regulation;
(
b) a brew pub licence referred to in
section 55(
b) of the former
regulation;
(
c) a cottage winery licence referred to in
section 55(
c) of the
former regulation.
Section 8 of
Schedule 1 is repealed and the following is
substituted:
Class E liquor licence
$500
14 This Regulation comes into force on August 15, 2017.
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Alberta Regulation 152/2017
Government Organization Act
DESIGNATION AND TRANSFER OF RESPONSIBILITY
AMENDMENT REGULATION
Filed: July 25, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 254/2017)
on July 25, 2017 pursuant to
section 16 of the Government Organization Act.
1 The Designation and Transfer of Responsibility
Regulation (AR 80/2012) is amended by this Regulation.
Section 1(2)(
c) is repealed.
Section 3.2(6) is repealed.
Section 4 is amended
(
a) in subsection (1) by repealing clauses (
h) and (n);
(
b) by adding the following after subsection (1):
(1.1) The Minister of Culture and Tourism is designated as the
Minister responsible for the Ukrainian-Canadian Heritage Day
Act.
Section 4.1 is amended
(
a) in subsection (1)(
e) by striking out "and
Schedule 6.1
to";
(
b) by adding the following after subsection (1.2):
(1.3) The Minister of Economic Development and Trade is
designated as the Minister responsible for the Investing in a
Diversified Alberta Economy Act.
(
c) by repealing subsection (4).
Section 5(2.1) is repealed.
Section 6 is amended by adding the following after
subsection (1.01):
(1.02) The Minister of Energy is designated as the Minister
responsible for
An Act to Cap Regulated Electricity Rates.
Section 8 is amended by adding the following after
subsection (2.2):
(2.3) The Minister of Environment and Parks is designated as the
Minister responsible for the Oil Sands Emissions Limit Act.
Section 9 is amended
(
a) by repealing subsection (1)(
h) and substituting the
following:
(
h) Drug Program Act, sections 31 and 34;
(
b) by adding the following after subsection (1.2):
(1.3) The Minister of Health is designated as the Minister
responsible for the Voluntary Blood Donations Act.
Section 10.1(2) is amended by striking out "Aboriginal
Relations Grant Regulation (AR 4/2002) and the".
Section 13(2.2) is repealed.
Section 13.1 is amended by adding the following after
subsection (1.2):
(1.3) The powers, duties and functions of the Minister in the
Employment and Immigration Grant Regulation (AR 94/2009) are
transferred to the responsibility of the Minister of Labour.
Section 14 is amended by repealing subsection (5.1).
Section 14.1(1)(
c) is repealed.
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Alberta Regulation 153/2017
Marketing of Agricultural Products Act
ALBERTA CHICKEN PRODUCERS MARKETING
AMENDMENT REGULATION
Filed: July 25, 2017
For information only: Made by the Alberta Chicken Producers on June 8, 2017 and
approved by the Alberta Agricultural Products Marketing Council on June 16, 2017
pursuant to sections 26 and 27 of the Marketing of Agricultural Products Act.
1 The Alberta Chicken Producers Marketing Regulation
(AR 3/2000) is amended by this Regulation.
Section 33(1) is repealed and the following is
substituted:
Lease of quota
33(1) Subject to the approval of the Council, the Board may allow
an authorized producer to lease out any amount of that authorized
producer's quota up to a percentage determined by the Board
through a Board Order or Directive to
(
a) another authorized producer, or
(
b) a person who is licensed as a lessee of quota.
(1.1) Subject to the approval of the Council, the Board may
establish criteria through a Board Order or Directive for allowing an
authorized producer to lease out quota under subsection (1).
Alberta Regulation 154/2017
Marketing of Agricultural Products Act
ALBERTA OAT GROWERS COMMISSION
AUTHORIZATION REGULATION
Filed: July 25, 2017
For information only: Made by the Alberta Agricultural Products Marketing Council
on October 13, 2016 and approved by the Minister of Agriculture and Forestry on
July 17, 2017 pursuant to
section 26 of the Marketing of Agricultural Products Act.
1 The Alberta Oat Growers Commission Authorization
Regulation (AR 135/2012) is amended by this Regulation.
Section 2(
e) is repealed and the following is substituted:
(
e) respecting the circumstances, if any, under which a service
charge may be refunded to a producer;
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Alberta Regulation 155/2017
Marketing of Agricultural Products Act
ALBERTA LAMB PRODUCERS AUTHORIZATION
AMENDMENT REGULATION
Filed: July 25, 2017, 2017
For information only: Made by the Alberta Agricultural Products Marketing Council
on October 13, 2016 and approved by the Minister of Agriculture and Forestry on
July 17, 2017 pursuant to
section 26 of the Marketing of Agricultural Products Act.
1 The Alberta Lamb Producers Authorization Regulation
(AR 242/2001) is amended by this Regulation.
Section 2(
i) is repealed and the following is substituted:
(
i) respecting the circumstances, if any, under which a service
charge may be refunded to a producer.
Alberta Regulation 156/2017
Marketing of Agricultural Products Act
HATCHING EGGS AMENDMENT REGULATION
Filed: July 25, 2017
For information only: Made by the Alberta Hatching Egg Producers on June 12,
2017 and approved by the Alberta Agricultural Products Marketing Council on June
16, 2017 pursuant to sections 26 and 27 of the Marketing of Agricultural Products
Act.
1 The Hatching Eggs Regulation (AR 280/97) is amended
by this Regulation.
Section 1(1) is amended by adding the following after
clause (h):
(h.01) "new entrants" means producers who are allocated quota in
accordance with the Board's new entrants policy;
Section 19 is repealed and the following is substituted:
Increased allocation of quota
19(1) If the Board determines that the total provincial allocation of
quota should be increased, the increase shall
(
a) be allocated to new entrants under the new entrants policy,
(
b) sold at an auction, or
(
c) retained by the Board under
section 20.
referred to in subsection (1)(
b) shall be determined by the Board.
Section 20 is repealed and the following is substituted:
Retained quota
20(1) The Board may, for the purposes of facilitating any policy
or program implemented or carried out by the Board, retain as
much quota as the Board considers necessary from any increase in
quota.
(2) The Board may acquire quota directly from registered
producers.
(3) Any quota retained pursuant to
section 19(1)(
c) and any quota
otherwise acquired or reverted to the Board may be allotted,
transferred or leased to registered producers, or to persons who are
eligible to receive a licence as a producer, by the Board on terms
and conditions that the Board considers appropriate.
Section 28(3) is repealed and the following is
substituted:
(3) If a quota holder fails to market hatching eggs for a period of 12
consecutive months, the breeder quota held by that quota holder is
revoked at the conclusion of that 12-month period, unless the Board
otherwise directs.
Section 29(2)(
c) is repealed and the following is
substituted:
(
c) retaining the quota or any portion of it pursuant to
section 20.
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Alberta Regulation 157/2017
Fair Trading Act
HOME INSPECTION BUSINESS (EXPIRY DATE EXTENSION)
AMENDMENT REGULATION
Filed: July 28, 2017
For information only: Made by the Minister of Service Alberta (M.O. SA:004/2017)
on July 26, 2017 pursuant to
section 105 of the Fair Trading Act.
1 The Home Inspection Business Regulation (AR 75/2011)
is amended by this Regulation.
Section 29 is amended by striking out "August 31, 2017"
and substituting "August 31, 2018".