Alberta Gazette, Part I — Saturday, February 15, 2014
Saturday, February 15, 2014
Alberta — Gazette
The Alberta Gazette
Part I
Vol. 110 Edmonton, Saturday, February 15, 2014 No. 03
APPOINTMENTS
Designation of Deputy Chief Judge
(Provincial Court Act)
January 30, 2014
Honourable Judge Lillian Katherine McLellan
The above appointment is for a seven-year term.
Appointment of Half-time Master in Chambers
(Court of Queen's Bench Act)
February 1, 2014
Master Roderick Philip Wacowich
For a term to expire in accordance with
section 8.21(9)(
a) of the Court of
Queen's Bench Act.
Appointment of Part-time Provincial Court Judge
(Provincial Court Act)
February 1, 2014
Honourable Judge Donald C. Norheim
For a term to expire on September 28, 2017
CHANGES OF NAME
Change of Name of Non-Presiding Justices of the Peace
(Justice of the Peace Act)
January 24, 2014
Jordan, Michelle Lynn to Reeves, Michelle Lynn
TERMINATIONS
Terminations of Non-Presiding Justices of the Peace
(Justice of the Peace Act)
January 24, 2014
Babiuk, Corrinne Joy of Edmonton
Fisher, Maureen Theresa of Peace River
Lepka, Kalista Gayle of Calgary
McLaughlin, Kylynn Louise of Wetaskiwin
Siller, Martin Lawrence of Calgary
GOVERNMENT NOTICES
Agriculture and Rural Development
Form 15
(Irrigation Districts Act)
(Section 88)
Notice to Irrigation Secretariat:
Change of Area of an Irrigation District
On behalf of the Bow River Irrigation District, I hereby request that the Irrigation
Secretariat forward a certified copy of this notice to the Registrar for Land Titles for
the purposes of registration under
section 22 of the Land Titles Act and arrange for
notice to be published in the Alberta Gazette.
The following parcels of land should be added to the irrigation district and the
notation added to the certificate of title:
LINC Number
Short Legal Description as shown on title
Title Number
0018 181 271
S.E. 11-17-18-W4M
011 073 228
0020 833 802
N.W. 19-13-18-W4M
091 224 243
0022 309 462
N.W. 6-13-18-W4M
051 159 254 +2
0022 309 488
N.E. 6-13-18-W4M
051 159 254 +10
0022 309 108
S.E. 7-13-18-W4M
051 159 254 +11
0022 276 398
S.E. 1-13-19-W4M
051 159 254 +6
0022 293 625
N.E. 1-13-19-W4M
051 159 254 +5
0022 271 282
S.E. 12-13-19-W4M
051 159 254 +7
I certify the procedures required under
part 4 of the Irrigation Districts Act have been
completed and the area of the Bow River Irrigation District should be changed
according to the above list.
Rebecca Fast, Office Administrator,
Irrigation Secretariat.
Education
Ministerial Order No. #001/2014
(School Act)
I, Jeff Johnson, Minister of Education, pursuant to Sections 219 and 220 of the
School Act, make the Order in the attached Appendix, being The Shelburne Roman
Catholic Separate School District No. 753 Establishment Order.
Dated at Edmonton, Alberta January 20, 2014.
Jeff Johnson, Minister.
APPENDIX
The Shelburne Roman Catholic Separate School District No. 753
Establishment Order
1 Pursuant to Sections 219 and 220 of the School Act, The Shelburne Roman
Catholic Separate School District No. 753 is established.
2 The Shelburne Roman Catholic Separate School District No. 753 shall be
comprised of the following lands, which are included in The Shelburne School
District No. 1038 and which are properly assessable for separate school purposes
under the provision of Sections 153 to 160 of the School Act:
Township 47, Range 18, West of the 4th Meridian
Sections 14 to 16 inclusive; Sections 20 to 23 inclusive; Sections 26 to 29
inclusive; Sections 33 to 35 inclusive; North half and Southeast quarter of
Section 17; Southeast quarter of
Section 32.
Ministerial Order No. #002/2014
(School Act)
I, Jeff Johnson, Minister of Education, pursuant to
Section 239 of the School Act,
make the order in the attached Appendix, being The Sherwood Park Catholic Separate
School District No. 105 (The Elk Island Catholic Separate Regional Division No. 41)
Boundary Adjustment Order.
Dated at Edmonton, Alberta January 20, 2014.
Jeff Johnson, Minister.
APPENDIX
The Sherwood Park Catholic Separate School District No. 105
(The Elk Island Catholic Separate Regional Division No. 41)
Boundary Adjustment Order
1 Pursuant to
Section 239 of the School Act, all of the lands are taken from the
following school district and are added to The Sherwood Park Catholic Separate
School District No. 105:
The Shelburne Roman Catholic Separate School District No. 753
2 Pursuant to
Section 239 of the School Act, the following school district is
dissolved:
The Shelburne Roman Catholic Separate School District No. 753
3 The Sherwood Park Catholic Separate School District No. 105 - Sherwood Park
Ward 1 - The City of Camrose Electoral Subdivision No. 2 shall be comprised of
the following lands:
Township 46, Range 20, West of the 4th Meridian
Sections 22, 27, 28, and 29; Sections 32 to 35 inclusive; North halves of
Sections 15 and 26; That portion of the North half of
Section 16 lying South and
East of the Southeast limits of the Canadian National right-of-way as shown on
Plan 337 T.R.; North half and Southeast quarter of
Section 21; Those portions of
the North half of
Section 25 lying South and West of Highway 13; Northeast
quarter of
Section 31; West half of
Section 36 and that portion of the Southeast
quarter of
Section 36 which lies South of Highway 13.
Township 47, Range 18, West of the 4th Meridian
Sections 14 to 16 inclusive; Sections 20 to 23 inclusive; Sections 26 to 29
inclusive; Sections 33 to 35 inclusive; North half and Southeast quarter of
Section 17; Southeast quarter of
Section 32.
Township 47, Range 20, West of the 4th Meridian
Sections 1 to 3 inclusive; South half and Northeast quarter of
Section 4;
Southeast quarter of Sections 5 and 9; South half of Sections 10 and 11; That
portion of the North half of
Section 11 as described legally in certificates of title
762-160-396 and 762-160-397.
_______________
Ministerial Order No. #003/2014
(School Act)
I, Jeff Johnson, Minister of Education, pursuant to
Section 239 of the School Act,
make the Order in the attached Appendix, being The Camrose School District
No. 1315 (The Battle River Regional Division No. 31) Boundary Adjustment Order.
Dated at Edmonton, Alberta January 20, 2014.
Jeff Johnson, Minister.
APPENDIX
The Camrose School District No. 1315
(The Battle River Regional Division No. 31)
Boundary Adjustment Order
1 Pursuant to
Section 239 of the School Act, all of the lands are taken from the
following school district and are added to The Camrose School District
No. 1315:
The Shelburne School District No. 1038
2 Pursuant to
Section 239 of the School Act, the following school district is
dissolved:
The Shelburne School District No. 1038
3 The Camrose School District No. 1315 shall be comprised of the following
lands:
Township 46, Range 20, West of the 4th Meridian
Sections 22, 27, 28, and 29; Sections 32 to 35 inclusive; North halves of
Sections 15 and 26; That portion of the North half of
Section 16 lying South and
East of the Southeast limits of the Canadian National right-of-way as shown on
Plan 337 T.R.; North half and Southeast quarter of
Section 21; Those portions of
the North half of
Section 25 lying South and West of Highway 13; Northeast
quarter of
Section 31; West half of
Section 36 and that portion of the Southeast
quarter of
Section 36 which lies South of Highway 13.
Township 47, Range 18, West of the 4th Meridian
Sections 14 to 16 inclusive; Sections 20 to 23 inclusive; Sections 26 to 29
inclusive; Sections 33 to 35 inclusive; North half and Southeast quarter of
Section 17; Southeast quarter of
Section 32.
Township 47, Range 20, West of the 4th Meridian
Sections 1 to 3 inclusive; South half and Northeast quarter of
Section 4;
Southeast quarter of Sections 5 and 9; South half of Sections 10 and 11; That
portion of the North half of
Section 11 as described legally in certificates of title
762-160-396 and 762-160-397.
Energy
Production Allocation Unit Agreement
(Mines and Minerals Act)
Notice is hereby given, pursuant to
section 102 of the Mines and Minerals Act, that
the Minister of Energy on behalf of the Crown has executed counterparts of the
agreement entitled "Production Allocation Unit Agreement - Pembina Cardium
Agreement" and that the Unit became effective on September 1, 2013.
Environment and Sustainable Resource Development
Notice of Variation Order 23-2013
Commercial Fishing Seasons
The close times and quotas set out in
Schedule 8 to the Alberta Fishery Regulations,
1998 in respect of the waters listed in the
Schedule to this Notice have been varied by
Variation Order 23-2013 by the Director of Fisheries Management in accordance with
section 3 of the Alberta Fishery Regulations, 1998.
Where fishing with gill nets is permitted during an open season established by the
Order, the gill net mesh size has been specified in the Order.
Pursuant to Variation Order 23-2013 commercial fishing is permitted in accordance
with the following schedule.
SCHEDULE
PART 1
Item - 1
Column 1 Waters - In respect of:
(84) Pigeon Lake (47-1-W5) - excluding the
following portions:
i) that portion west of a line from the point of land where the
eastern most boundary of SW30-47-1-W5 meets the water line to the Pigeon Lake
Provincial Park boat launch in NE6-47-1-W5; and ii) all waters less than 8.0 meters
(26.2 feet) in depth.
Column 2 Gear - Gill net not less than 152 mm mesh
Column 3 Open Time - 08:00 hours January 27, 2014 to 16:00 hours February 7,
Column 4 Species and Quota - 1) Lake whitefish: 50,000 kg; 2) Walleye: 750 kg; 3)
Yellow perch: 500 kg; 4) Northern pike: 1,300 kg; 5) Tullibee: 1 kg; 6) Lake trout: 1
kg.
_______________
Notice of Variation Order 24-2013
Commercial Fishing Seasons
The close times and quotas set out in
Schedule 8 to the Alberta Fishery Regulations,
1998 in respect of the waters listed in the
Schedule to this Notice have been varied by
Variation Order 24-2013 by the Director of Fisheries Management in accordance with
section 3 of the Alberta Fishery Regulations, 1998.
Where fishing with gill nets is permitted during an open season established by the
Order, the gill net mesh size has been specified in the Order.
Pursuant to Variation Order 24-2013 commercial fishing is permitted in accordance
with the following schedule.
SCHEDULE
PART 1
Item - 1
Column 1 Waters - In respect of:
(6) Bistcho Lake (124-6-W6)
Column 2 Gear - Gill net not less than 114 mm mesh
Column 3 Open Time - 08:00 hours February 15, 2014 to 16:00 hours April 11,
Column 4 Species and Quota - 1) Lake whitefish: 73,938 kg; 2) Walleye: 6,455 kg;
3) Yellow perch: 1 kg; 4) Northern pike: 15,854 kg; 5) Tullibee: 1 kg; 6) Lake trout: 1
kg.
_______________
Notice of Variation Order 25-2013
Commercial Fishing Seasons
The close times and quotas set out in
Schedule 8 to the Alberta Fishery Regulations,
1998 in respect of the waters listed in the
Schedule to this Notice have been varied by
Variation Order 25-2013 by the Director of Fisheries Management in accordance with
section 3 of the Alberta Fishery Regulations, 1998.
Where fishing with gill nets is permitted during an open season established by the
Order, the gill net mesh size has been specified in the Order.
Pursuant to Variation Order 25-2013 commercial fishing is permitted in accordance
with the following schedule.
SCHEDULE
PART 1
Item - 1
Column 1 Waters - In respect of:
(131) Wolf Lake (66-7-W4)
Column 2 Gear - Gill net not less than 140 mm mesh
Column 3 Open Time - A. In respect of Wolf Lake excluding the following portions:
- All water less than 10.7 metres (35 feet) in depth. - All portions of Wolf Lake west
of a straight line drawn from the northern and eastern most point of land on the
shoreline in SE02-66-07-W4 to the southern and western most point on the shoreline
in SW12-66-07-W4. - 08:00 hours February 13, 2014 to 16:00 hours February 19,
2014. B. In respect of all other waters: Closed.
Column 4 Species and Quota - 1) Lake whitefish: 12,000 kg; 2) Walleye: 100 kg; 3)
Yellow perch: 900 kg; 4) Northern pike: 200 kg; 5) Tullibee: 1 kg; 6) Lake trout: 1
kg.
Executive Council
Hosting Expenses Exceeding $600.00
For the period ending December 31, 2013
Purpose: Public Memorial for the former Premier Ralph Klein
Date: April 5, 2013
Location: Calgary
Amount: $13,614.69
Purpose: Official Visit of the Council of Arab League Ambassadors
Date: April 17-19, 2013
Location: Edmonton and Calgary
Amount: $10,110.02 (Amended from previous Hosting Expense report ending June
30, 2013)
Purpose: Official Visit of Her Excellency Vytautas Zalys, Ambassador of the
Republic of Lithuania
Date: April 22, 2013
Location: Edmonton
Amount: $1,514.84 (Amended from previous Hosting Expense report ending June
30, 2013)
Purpose: Official Visit of His Excellency Ojo Maduekwe, High Commissioner for
the Federal Republic of Nigeria
Date: May 27, 2013
Location: Edmonton
Amount: $1,563.96 (Amended from previous Hosting Expense report ending June
30, 2013)
Purpose: Official Visit of His Excellency Hee Yong Cho, Ambassador for the
Republic of Korea
Date: June 10, 2013
Location: Edmonton
Amount: $2,859.58 (Amended from previous Hosting Expense report ending June
30, 2013)
Purpose: Official Visit of His Excellency Simon Tucker, New Zealand High
Commissioner
Date: June 19, 2013
Location: Edmonton
Amount: $1,461.28 (Amended from previous Hosting Expense report ending June
30, 2013)
Purpose: Official Visit of the Honourable Mykhaylo Vyshvanyuk, Governor of
Ivano-Frankivsk, Ukraine
Date: August 12, 2013
Location: Edmonton
Amount: $2,018.72
Purpose: Official visit of His Excellency Howard Ronald Drake, O.B.E., British
High Commissioner
Date: September 9, 2013
Location: Edmonton
Amount: $1,113.92
Purpose: Annual Conference of Governor General, Lieutenant Governors &
Territorial Commissioners
Date: September 30, 2013 to October 1, 2013
Location: Edmonton
Amount: $14,139.24
Purpose: Lieutenant Governor Conference Dinner
Date: October 1, 2013
Location: Edmonton
Amount: $12,267.41
Purpose: Visit of the Honourable Steve Bullock, Governor of the State of Montana
Date: October 7-9, 2013
Location: Calgary
Amount: $2,628.85
Purpose: Visit of Her Excellency Marie-Anne Coninsx, Ambassador of the European
Union
Date: October 16, 2013
Location: Edmonton
Amount: $1,209.50
Purpose: Alberta Order of Excellence Investiture
Date: October 16, 2013
Location: Edmonton
Amount: $11,105.24
Purpose: Official Visit of Sir Mark Walport, Government Chief Scientific Advisor,
United Kingdom
Date: October 23-25, 2013
Location: Calgary
Amount: $2,568.67
Purpose: Official Visit of Mr.Quang Dung Tran, Consul General of the Socialist
Republic of Vietnam
Date: October 30, 2013
Location: Edmonton
Amount: $966.25
Purpose: Official visit of His Excellency Nicolas Lloreda Ricaurte, Ambassador of
the Republic of Columbia
Date: November 6, 2013
Location: Edmonton
Amount: $934.16
Purpose: Roundtable with Flood Affected Calgary Women
Date: September 4, 2013
Location: Calgary
Amount: $885.98
Health
Hosting Expenses Exceeding $600.00
For the period October 1, 2013 to December 31, 2013
Function: Hospital Privilege and Appeal Board Hearing
Purpose: To hear appeals from members or former members of the medical staff of
an approved hospital.
Amount: $1,208.09
Date of Function: September 25-27, 2013
Location: Calgary, AB
Function: Taking Action Against Elder Abuse Workshop
Purpose: Provide a one day workshop to service providers.
Amount: $622.50
Date of Function: October 3, 2013
Location: Bonnyville, AB
Function: Grey Matters Conference Networking Reception
Purpose: Networking reception for conference delegates.
Amount: $5,911.92
Date of Function: September 26, 2013
Location: Lethbridge, AB
Function: Continuing Care Forum Meeting 1
Purpose: Planning for continuing care renewal.
Amount: $773.42
Date of Function: September 20, 2013
Location: Edmonton, AB
Function: Best Brains Exchange, Alternative Financing Options For Continuing Care
Purpose: To bring together experts in the area of alternative financing options for
continuing care to highlight existing and relevant research evidence.
Amount: $2,190.24
Date of Function: September 25, 2013
Location: Edmonton, AB
Function: Expert Advisory Group Workshop
Purpose: To provide members with an opportunity to come together and gain
multiple perspectives which will allow each members to see the big picture prior to
developing their action plans.
Amount: $3,603.51
Date of Function: September 13, 2013
Location: Edmonton, AB
Function: Taking Action Against Elder Abuse -Train the Trainer
Purpose: Three day workshop to provide sector trainers with certified training on
Elder Abuse.
Amount: $2,677.56
Date of Function: November 5-7, 2013
Location: Edmonton, AB
Function: Skills for Psychological Recovery Training
Purpose: Two day training for staff and clinicians to learn techniques and its
application in their everyday practice to help people experiencing distress following
natural disasters.
Amount: $1,636.50
Date of Function: November 20-21, 2013
Location: Calgary, AB
Function: Continuing Care Forum Meeting 2
Purpose: Planning for continuing care renewal.
Amount: $996.23
Date of Function: December 6, 2013
Location: Edmonton, AB
Infrastructure
Sale or Disposition of Land
(Government Organization Act)
Name of Purchaser: Pacific Calgary GP Ltd.
Consideration: $3,015,870.00
Land Description: Meridian 4, Range 29, Township 25,
Section 12. That portion of
the South East Quarter which lies North and East of the Right of Way on Plan
9110968. Containing 21.99 Hectares (54.34 Acres) More or Less. Excepting
thereout all mines and minerals. Located in the City of Calgary
_______________
Name of Purchaser: Pacific Calgary GP Ltd.
Consideration: $5,124,870.00
Land Description: Meridian 4, Range 29, Township 25,
Section 12. That portion of
the North East Quarter which lies East of the Right of Way on Plan 9110968.
Containing 37.37 Hectares (92.34 Acres) More or Less. Excepting thereout all mines
and minerals. Located in the City of Calgary
Name of Purchaser: Pacific Calgary GP Ltd.
Consideration: $4,310,130.00
Land Description: Meridian 4, Range 29, Township 25,
Section 13. That portion of
the South East Quarter which lies East of transportation and utility corridor Right of
Way on Plan 9110968. Containing 31.43 Hectares (77.66 Acres) More or Less.
Excepting thereout all mines and minerals and the right to work the same. Located in
the City of Calgary
International and Intergovernmental Relations
Notifications under the International Interests in Mobile Aircraft Equipment Act
In accordance with
Section 9 (1) of the International Interests in Mobile Aircraft
Equipment Act, the Minister of International and Intergovernmental Relations hereby
provides notice that the Convention on International Interests in Mobile Equipment
and the Protocol to the Convention on Matters Specific to Aircraft Equipment entered
into force in Alberta on April 1, 2013.
In accordance with
Section 9 (2) of the International Interests in Mobile Aircraft
Equipment Act, the Minister of International and Intergovernmental Relations hereby
provides notice of the Regulations and Procedures for the International Registry,
pursuant to
Article 17,
Section 2(d), of the Cape Town Convention on International
Interests in Mobile Equipment, as follows.
REGULATIONS
Section 1
AUTHORITY
These "Regulations" are issued by the Supervisory Authority pursuant to
Article 17
(2) (
d) of the Convention on International Interests in Mobile Equipment, signed at
Cape Town on 16 November 2001 (the "Convention") and
Article XVIII of the
Protocol to the Convention on International Interests in Mobile Equipment on
Matters specific to Aircraft Equipment, signed at Cape Town on 16 November 2001
(the "Protocol").
Section 2
DEFINITIONS
2.1 Terms defined in the Convention and the Protocol shall have the same
meanings in these Regulations. In addition, the following terms shall have the
meanings set out below:
2.1.1 "Administrator" means the person with authority to act on behalf of a registry
user entity on administrative matters in dealings with the International Registry, and
an "acting administrator" has the meaning set out in
Section 4.1.
2.1.2 "Amendment", unless the context suggests otherwise, means any change in
registration information, including any change in the duration of a registration, but
does not include assignment, subrogation or subordination.
2.1.3 "Authorization" means an electronic authorization given by the administrator
of a transacting user entity to one of its transacting users or to a professional user to
transmit information to the International Registry to effect or consent to a registration
on behalf of that transacting user entity.
2.1.4 "Authorizing entry point" means an entity designated by a Contracting State as
contemplated by
Section 12.1 (a).
2.1.5 "Consent" means an electronic consent to a registration.
2.1.6 "Controlled entity" means a business entity, trust or association of any kind,
however established, with capacity to be a named party in registrations, where a
transacting user entity electronically asserts that it controls, manages or administers
that business entity, trust or association.
2.1.7 "Direct entry point" means an entity designated by a Contracting State as
contemplated by
Section 12.1 (b), and a "direct entry point user" means an official,
employee, member or partner of a direct entry point.
2.1.8 "Entry point" means an entity designated by a Contracting State as
contemplated by
Section 12.1.
2.1.9 "Identity" means the name, address and electronic address of the entity or
person in respect of whom the identifying information is sought.
2.1.10 "Named party" means the transacting user entity named in a registration, and a
"named representative" means a person named in a registration and acting for others
in an agency, trust or other representative capacity.
2.1.11 "Professional user entity" means a firm or other grouping of persons (such as
an internal legal department of a transacting user entity) providing professional
services to transacting user entities in connection with the transmission, to the
International Registry, of information relating to registrations, and a "professional
user" means an individual employee, member or partner of a professional user entity.
2.1.12 "Registration" means an interest electronically registered with the
International Registry. For the purposes of Sections 4.3 (c), 4.4, 6 and 12.4, the term
has the extended meaning set out in
Section 6.1.
A "registering person" means the transacting user, professional user or direct entry
point user transmitting information to the International Registry to effect a
registration.
2.1.13 "Registry user entity" means:
(
a) a transacting user entity;
(
b) a professional user entity; or
(
c) a direct entry point.
A "registry user" means a transacting user, a professional user or a direct entry point
user.
2.1.14 "Searching person" means a person making a search in accordance with
Section 7 of these Regulations.
2.1.15 "Transacting user entity" means a legal entity, natural person or more than one
of the foregoing acting jointly intending to be a named party in one or more
registrations, and a "transacting user" means an individual employee, member or
partner of a transacting user entity or an affiliate of that entity.
2.2 The term or terms:
(a) "International Registry Procedures" has the meaning set out in
Section 15.1;
and
(b) "priority search", "priority search certificate", "informational search
listing", "Contracting State search" and "Contracting State search
certificate" have the meanings set out in
Section
Section 3
GENERAL PROVISIONS
3.1 The International Registry is established as the facility for effecting and
searching registrations under the Convention and the Protocol.
3.2 Since the International Registry merely provides notice of registrations, the
facts underlying any such registration or registered interest shall determine whether it
falls within the scope of the Convention or the Protocol. Without limiting the
foregoing, while there will be no technical impediment to the registration of pre-
existing rights and interests, such registrations shall have no legal effect under the
Convention and the Protocol, except where, by virtue of a declaration under
Article
60 (3) of the Convention, registration thereof is required. The contents of this
Section
3.2 shall be prominently displayed by the International Registry as a general
cautionary note.
3.3 The Registrar shall perform the functions specified in the Convention, the
Protocol, these Regulations and the International Registry Procedures.
3.4 The International Registry shall be accessible 24 hours a day, 7 days a week,
except if precluded by maintenance performed outside peak periods, or technical or
security problems, as set out in the International Registry Procedures.
3.5 Technical support shall be provided to registering persons, searching persons
and administrators by a help desk of the International Registry, which shall be
available 24 hours a day, 7 days a week, via telephone and/or electronic mail, as set
out in the International Registry Procedures.
3.6 The International Registry may be used for no other purpose than that set forth
in Sections 3.1 and 3.2, unless approved in advance by the Supervisory Authority and
subject to the terms of that approval.
Section 4
ACCESS TO THE INTERNATIONAL REGISTRY
4.1 No registry user entity or administrator of that entity shall have access to the
International Registry unless that entity and administrator are first approved as such
by the Registrar and are otherwise in compliance with these Regulations and the
International Registry Procedures. For the purposes of the preceding sentence, such
approval shall be given when the Registrar reasonably concludes:
(
a) that such entity and administrator are who they claim to be; and
(
b) on the basis of information submitted, and without undertaking specific
legal analysis, that the latter is entitled to act as administrator of the former,
in each case, following the standards and procedures set out in the
International Registry Procedures.
An administrator may electronically delegate his/her powers to an "acting
administrator" from time to time for periods not to exceed three (3) months.
A requested change to the electronic contact details of an administrator or other
registry user may be made after the Registrar reasonably concludes that such
requested change is accurate.
4.2 No registry user shall have access to the International Registry unless that user
is first electronically approved as such by the administrator of the subject registry user
entity and is otherwise in compliance with these Regulations and the International
Registry Procedures. No approved registry user shall be entitled to transmit
information to the International Registry to effect a registration unless that user has
first received authorization to do so. For the purposes of the preceding sentence, such
electronic approval and authorization may be given at the sole discretion of the
relevant administrator and may be revoked by such administrator at any time.
4.3 Notwithstanding the preceding paragraphs:
(
a) the administrator of a transacting user entity approved by the Registrar may
electronically approve a controlled entity as a transacting user entity upon the
payment of the fee provided for in Table 1 of the Appendix to the International
Registry Procedures;
(
b) in such a case, the rights, powers and obligations of the administrator of the
approving transacting user entity and its transacting users, respectively, shall
apply equally to the approved transacting user entity; and
(
c) a registration or a transfer of a right to discharge is valid if it is effected by a
natural person who has been given the power to do so by a registry user
authorized to effect such registration or such transfer of the right to discharge.
4.4 Subject to these Regulations and in accordance with the International Registry
Procedures, a registration may only be effected, with an authorization, by a
registering person, on behalf of the transacting user entity, which is a named party
required or permitted to effect that registration under
Article 20 of the Convention
and
Article III of the Protocol. The foregoing shall not apply in respect of a
registration transmitted by a direct entry point, which shall be made in accordance
with
Section 12.4.
4.5 No searching person shall have access to the International Registry unless that
person is first in compliance with these Regulations and the International Registry
Procedures.
Section 5
INFORMATION REQUIRED
TO EFFECT REGISTRATION
5.1 In order to effect a registration, use of electronic information provided by the
International Registry relating to the aircraft object is mandatory and, where so
provided, is the sole means of satisfying the requirements of
Section 5.4 (c) (ii) to
(iv). For the purposes of the foregoing, "information provided by the International
Registry" excludes information submitted in a different format by the registering
person. To the extent such information is not so provided at the time the registration
data are submitted to the International Registry, it shall be electronically entered by a
registering person using the format prescribed in the International Registry
Procedures, except as regards named parties (other than those whose consent is not
required under
Section 5.10) because they must be approved transacting user entities.
5.2 The Registrar may post documentation and information designed to assist
registry users in determining if information has been provided by the International
Registry for purposes of
Section 5.1. The use of such documentation and all
information referred to therein, including information provided by the International
Registry, is subject to the notice and disclaimer posted on the International Registry.
5.3 Identity information shall be deemed complete only if each of the three
elements contained in the definition of identity is provided.
5.4 The information required to effect the registration of an international interest, a
prospective international interest, a notice of a national interest, or a registrable non-
consensual right or interest is:
(
a) the identity and electronic signature of the registering person;
(
b) the identity of the named parties;
(
c) the following information identifying the aircraft object:
(
i) type of aircraft object;
(ii) manufacturer's name;
(iii) manufacturer's generic model designation; and
(iv) manufacturer's serial number assigned to the aircraft object;
(
d) in the case of an airframe or helicopter, the following information, if
known:
(
i) the current and, if different, intended State of Registry for nationality
purposes; and
(ii) the current and, if different, intended aircraft nationality and
registration marks assigned pursuant to the Chicago Convention;
(
e) the duration of the registration, if the registration is to lapse prior to the
filing of a discharge;
(
f) in the case of an international interest or a prospective international interest,
the consent of the named parties, given under an authorization; and
(
g) the names and electronic addresses of persons to which the Registrar is
required to send information notices pursuant to
Section 6.
5.5 The information required to effect the registration of a contract of sale or a
prospective sale is:
(
a) the information referred to in Sections 5.4 (
a) to (
d) and 5.4 (g);
(
b) the consent of the named parties, given under an authorization; and
(
c) in the case of a prospective sale, the duration of the registration, if that
registration is to lapse prior to the time of a discharge.
5.6 The information required to effect the registration of the assignment of an
international interest, the prospective assignment of an international interest, the
assignment of a registrable non-consensual interest or an international interest
acquired through subrogation is:
(
a) the information referred to in Sections 5.4 (
a) to (
d) and 5.4 (g);
(
b) the consent of the named parties, given under an authorization;
(
c) if the interest being assigned or subrogated is a registered interest, the file
number of the registration relating to that interest; and
(
d) if the interest being assigned or subrogated is not a registered interest, a
description of the interest assigned or subrogated and the original debtor
thereunder, using the format prescribed by the International Registry
Procedures.
5.7 The International Registry may provide a facility permitting the registration of
all assignments included in a "block assignment registration request". A "block
assignment registration request" shall include:
(
a) an electronic certification by the assignor that all of the underlying interests
evidenced by registrations on the International Registry in which it is a named
party have been assigned to the assignee; and
(
b) a consent thereto given by the assignee, each given under an authorization.
5.8 The information required to discharge a registration, other than a registration
relating to a contract of sale is:
(
a) the information referred to in Sections 5.4 (
a) to (
d) and 5.4 (g);
(
b) except as provided in Sections 5.8 (
c) and 5.8.1, the consent of the named
parties benefiting from the registered interest, given under an authorization;
(
c) where a right of consent to discharge a registration has been transferred, the
consent of the party having this right;
(
d) the file number of the registration to be discharged; and
(
e) the date the discharge is to be effective.
5.8.1 The parties mentioned in Sections 5.8 (
b) and (
c) do not include the debtor,
assignor, subrogor or person subordinating the registered interest, or the prospective
seller in the case of a registration relating to a prospective sale.
5.8.2 A party referred to in
Section 5.8 (
b) may electronically transfer to a registry
user entity, with the consent of that entity, the sole right to consent to the discharge of
such registration. Such sole right to consent to the discharge may be further
transferred by a holder thereof to another registry user entity with the consent of the
latter.
5.8.3 The party holding the right to discharge a registration has the sole right to
consent to the discharge of that registration.
5.9 The information required to effect the registration of the subordination of an
international interest, a prospective international interest, a national interest or a
registrable non-consensual interest is:
(
a) the information referred to in Sections 5.4 (
a) to (
d) and 5.4 (g), and for the
purposes of the foregoing reference to
Section 5.4 (
b) and for the purposes of
Section 5.9 (b), the "named parties" shall be the registry user entities
subordinating their interest and benefiting from that subordination;
(
b) the consent of the named party whose interest is subordinated, given under
an authorization;
(
c) if the interest being subordinated or benefiting from the subordination is a
registered interest, the file number relating to each such interest; and
(
d) if the interest being subordinated or benefiting from the subordination is not
a registered interest, a description of such interest and the original debtor
thereunder, using the format prescribed by the International Registry
Procedures.
5.10 Notwithstanding Sections 5.4 (f), 5.5 (
b) and 5.6 (b), the information needed to
effect the registration of a pre-existing right or interest required by virtue of a
declaration under
Article 60 (3) of the Convention need not include the consent of the
debtor, assignor, seller or person subordinating the right or interest.
5.11 Subject to
Section 5.12, the information required to amend a registration or to
amend information contained in an assignment, subrogation or subordination is:
(
a) the information referred to in Sections 5.4 (
a) to (
d) and 5.4 (g);
(
b) the consent of the named parties that consented to the registration to be
amended, and, where a right of consent to discharge a registration has been
transferred, the consent of the party having this right in place of the immediate
transferor;
(
c) the file number of the registration to be amended; and
(
d) the amendments to be made.
5.12 The following shall apply in respect of amendments to and discharges of
amendments to registrations:
(
a) Registration of an amendment of information referred to in
Section 5.4 (
c) or a change of a category of registration shall be treated as a new registration in
respect of the object or category to which the amending registration refers,
with priority ranking from the time the amending registration is searchable.
The named parties to such amendment shall consent to the discharge of the
previous registration under an authorization, which shall be effected
automatically.
(
b) Registration of an amendment in which the information referred to in
Section 5.4 (
b) has been changed shall require the consent of the named parties
that consented to that registration and of the named party to be specified in the
amended registration, each given under an authorization.
(
c) Registration of an amendment in which the information referred to in
Section 5.4 (
d) has been changed shall be without prejudice as to whether the
original registration complied with
Section 12.
(
d) Registration of an amendment in which the information referred to in
Section 5.4 (
e) has been changed shall have no effect on the priority of the
original registration for the amended duration of that registration. The
foregoing is without prejudice as to whether a new underlying interest has been
constituted that requires registration under the Convention.
(
e) When a registration is discharged, the party consenting to that discharge
shall be deemed to consent to the discharge of all amendments to that
registration, which shall be effected automatically.
5.13 Without prejudice to
Section 12.7, the lack of information referred to in
Section 5.4 (d), including where cross-referenced in other sections, does not
invalidate a registration.
5.14 Any registration may specify that:
(
a) it covers a fractional or partial interest in an aircraft object and, if so, the
extent of such interest; and/or
(
b) multiple named parties hold or have granted an interest evidenced thereby.
5.15 With respect to an interest referred to in
Section 5.14 (a):
(
a) an increase or decrease to such interest arising by virtue of a sale or an
assignment of an international interest shall be registered as such in accordance
with Sections 5.5 or 5.6, respectively; and
(
b) a decrease in such an interest arising by virtue of payment of a secured
obligation shall be partially or wholly discharged in accordance with
Section
5.8.
5.16 The International Registry may provide a facility for notice of a change of
name to a transacting user entity or a professional user entity, where set out in a
"name change notification request". For purposes of the foregoing, a "change of
name" means either that the transacting user entity or professional user entity has
changed its name, that the registered interest has become vested in a new entity
created by merger or otherwise by operation of law, or that a correction is required
due to an error in the name. In such a case:
(
a) the Registrar shall confirm that such changed name has been effected
following the standard set out in
Section 4.1;
(
b) when so confirmed, all registrations on the International Registry in which
that transacting user entity or professional user entity is a named party shall,
without amending registration information, be annotated to advise of the
change of name, such annotation to be included in all priority search
certificates;
(
c) following the time at which such annotation is made, the new or resulting
entity shall be deemed to be a transacting user entity or professional user entity
for all purposes of the International Registry; and
(
d) the vesting shall have no effect on the priority of the original registration.
5.17 The Registrar may correct an error in or discharge a registration created by a
malfunction in the International Registry, provided that such correction or discharge:
(
a) shall be effective only from the time it is made, and shall have no effect on
the priority of any other registration; and
(
b) shall appear on all priority search certificates relating to the subject aircraft
object.
The Registrar shall promptly give notice of any such correction or discharge to the
named parties in the original registration and, if different, the parties making that
registration, other parties with registered interests in that aircraft object, and those
who have conducted a priority search on that aircraft object since the time of the
original registration.
Alternatively, the Registrar may request the named parties to the original registration
to amend or discharge that registration, leave that registration in place as registered,
or without limiting Sections 5.17 (
a) or (
b) seek an order from a court with
jurisdiction under
Article 44 (1) of the Convention.
5.18 A registration relating to a contract of sale to which
Article 25 (4) of the
Convention applies may be discharged by the buyer or the seller with the consent of
the other given under an authorization, provided that:
(
a) such discharge shall be effective only from the time it is made, and shall
have no effect on the priority of any other registration; and
(
b) the original registration and its discharge shall appear on all priority search
certificates relating to the subject aircraft object.
Section 6
CONFIRMATION AND
NOTICE OF REGISTRATION
6.1 In this Section, the term "registration" includes, where appropriate, the
amendment, extension or discharge of a registration.
6.2 The Registrar shall send prompt electronic confirmation of a registration to the
named parties, the registering person and all other persons entitled to receive notice of
that registration under
Section 5. A confirmation shall contain the information set
forth in
Article 22 (2) (
a) of the Convention. Non-receipt of such confirmation does
not imply that the registration has not been effected, that fact being determinable
solely by use of a priority search.
6.3 When a registration is effected relating to an aircraft object, an electronic
notice thereof shall be sent to the named parties and registering persons in any other
registration relating to that object.
6.4 The confirmation and notice referred to in Sections 6.2 and 6.3, respectively,
shall include information specified in
Section 5 relating thereto and the file number of
the registration.
6.5 Named parties may electronically elect not to receive the notices referred to in
Section 6.3. Such elections shall require digital signatures. Registry users may request
not to receive electronic notices in respect of one or more registrations.
Section 7
SEARCHES
7.1 Searches of the International Registry may be performed against:
(
a) a manufacturer's name;
(
b) a manufacturer's generic model designation; and
(
c) a manufacturer's serial number of an aircraft object; and in the case of an
airframe or helicopter, against:
(
d) the State of Registry of the aircraft of which it is part; or
(
e) the nationality or registration mark.
Such information may be searched by means of a priority search or informational
search, as set out in Sections 7.2 and 7.3, respectively.
A Contracting State search may also be made, as set out in
Section 7.5. A search may
be performed by any person who complies with the International Registry Procedures,
whether or not that searching person has a specific interest. All searches shall be
performed by electronic means.
7.2 A "priority search" is a search for registration information using the three
criteria specified in
Article XX (1) of the Protocol, as set out in Sections 7.1 (
a) to (c).
Such information is searchable for purposes of Articles 19 (2) and (6) of the
Convention and
Article XX (1) of the Protocol.
7.3 An "informational search" is a search other than a priority search, using the
criterion set out in
Section 7.1 (
c) or, when available on the International Registry,
Section 7.1 (e), in either case alone or with another criterion set out in that Section.
Such informational searches may include the use of symbols specified in the
International Registry designed to produce inclusive search results. The results of an
informational search, an "informational search listing", shall be a list of all matching
aircraft objects, described by the items set out in Sections 7.1 (
a) to (
c) and, if
available in the International Registry, the items in Sections 7.1 (
d) to (e). The facility
to perform such an informational search does not make that information "searchable"
for the purposes of Articles 19 (2) and (6) of the Convention and
Article XX (1) of
the Protocol.
7.4 A "priority search certificate" is a certificate issued in response to a priority
search. It shall:
(
a) set out the information required by
Article 22 (2) (
a) or (
b) of the
Convention, as applicable, and comply with
Article 22 (3) of the Convention;
(
b) in the case where
Article 22 (2) (
a) of the Convention applies, list the
registered information in both:
(
i) chronological order; and
(ii) a manner that indicates the transactional history of each registered
interest; and
(
c) indicate the current holder of the right to discharge a registration and set out
in chronological order when that right to discharge has been transferred and the
parties executing such transfer.
7.5 A "Contracting State search" is a search for all declarations and designations,
and withdrawals thereof, made under the Convention and the Protocol by the
Contracting State specified in the search. A "Contracting State search certificate" is a
certificate issued in response to a Contracting State search. A Contracting State search
certificate shall:
(
a) indicate, in chronological order, all declarations and designations, and
withdrawals thereof, by the specified Contracting State;
(
b) list the effective date of ratification, acceptance, approval or accession of
the Convention and the Protocol, and of each declaration or designation, and
withdrawal thereof, by the specified Contracting State; and
(
c) attach, in the electronic form set out in the International Registry
Procedures, a copy of all instruments deposited by the specified Contracting
State relating to items within the scope of
Section 7.5 (b).
7.6 Each search certificate and listing shall be issued and made available in
electronic form. Upon request, a printed copy of a priority search certificate or
Contracting State search certificate shall be provided by the Registrar.
Section 8
OPERATIONAL COMPLAINTS
8.1 Any person may submit a complaint to the Registrar concerning the operation
of the International Registry. If not satisfactorily addressed by the Registrar, that
complaint may be further submitted by that person to the Supervisory Authority.
8.2 For the purposes of
Section 8.1, a matter "concerns the operation of the
International Registry" when the matter relates to the general procedures and policies
of the International Registry and does not involve specific adjudication by the
Registrar or Supervisory Authority.
8.3 A person making a complaint shall substantiate his/her assertions in writing.
8.4 The Supervisory Authority shall consider complaints, and where, on the basis
of that consideration, it determines changes to the procedures or policies are
appropriate, it shall so instruct the Registrar.
8.5 The International Registry Procedures shall set out details relating to the
procedure contemplated by Sections 8.1 to 8.4.
Section 9
CONFIDENTIALITY
All information in the International Registry shall be confidential except where it is:
(
a) provided by the Registrar in response to a search under
Section 7;
(
b) made electronically available to enable registry users to effect, amend or
discharge registrations;
(
c) provided to the Supervisory Authority at the latter's request; or
(
d) used for the purposes of the statistics required by
Section
Section 10
STATISTICS
10.1 The Registrar shall maintain updated registration statistics and shall publish
them in an annual report. This report shall be electronically accessible to any person.
10.2 The registration statistics under
Section 10.1 shall consist of:
(
a) transactional volumes and revenues subdivided in each case by registration
type and geographic distribution; and
(
b) other compilations of non-confidential information requested by the
Supervisory Authority.
Section 11
ANNUAL REPORT TO THE
SUPERVISORY AUTHORITY
The Registrar shall prepare an annual report, including statistical data referred to in
Section 10, and shall submit it to the Supervisory Authority.
Section 12
RELATIONS WITH THE
ENTRY POINTS
12.1 A Contracting State may designate an entry point or entry points ("entry
point") under
Article XIX (1) of the Protocol:
(
a) which shall or may authorize the transmission of information required for
registration under the Convention and the Protocol to the International Registry
("authorizing entry point"); or
(
b) through which information required for registration under the Convention
and the Protocol shall or may be directly transmitted to the International
Registry ("direct entry point").
12.2 A Contracting State may only designate a mandatory entry point in respect of:
(
a) registrations relating to airframes and helicopters for which it is the State of
Registry; and/or
(
b) registrations of prospective international interests, prospective sales or
prospective assignments of international interests in any airframe or helicopter
for which it has taken regulatory steps to become the State of Registry.
12.3 A Contracting State designating an entry point shall notify the Depositary and
the Supervisory Authority thereof, indicating whether such entry point is an
authorizing or direct entry point. The Supervisory Authority shall keep the Registrar
informed of such designations, and the Registrar shall maintain a current list thereof
that is electronically accessible to users.
12.4 A direct entry point shall transmit a registration when the conditions
established by it have been satisfied, such conditions to be consistent with the
Convention, the Protocol, and these Regulations, and the named parties in that
registration are approved registry user entities. A registration transmitted by a direct
entry point shall become effective when the International Registry receives the
consent from all parties whose consent is required under the Convention, the Protocol,
and these Regulations, including, if so required, the named parties in that registration.
12.5 Without prejudice to
Section 12.4, the Registrar shall establish arrangements
applicable to the electronic transmission of registration information from, or
authorized by, entry points to the International Registry and, after consultations with
each designated entry point, shall specify the procedures applicable to that entry
point. The foregoing shall not require the establishment of electronically coordinated
systems but rather arrangements designed to enhance the efficient use of the
International Registry by entry points.
12.6 The International Registry shall provide an electronic warning against a
registration that is not effected:
(
a) through a direct entry point where use thereof is mandatory; or
(
b) in accordance with procedures required by an authorizing entry point; to the
extent agreed between the International Registry and the Contracting State
declaring that entry point.
12.7 A registration effected in violation of the terms of a designation under
Section
12.1, or, in the case of
Section 12.1 (a), without an authorization code issued by the
authorizing entry point, is invalid.
12.8 A registration is not invalid if:
(
a) in the case of an authorizing entry point, an authorization code is not
obtainable under its procedures; or
(
b) in the case of direct entry point, use of that entry point is not permitted
under its procedures; based on the facts of the transaction to which it relates.
Section 13
FEES
13.1 The Registrar shall collect a fee prior to undertaking services relating to the
International Registry.
13.2 Fees, including fees arising from operations through an entry point, must be
paid to the Registrar prior to the requested operation unless otherwise agreed between
the Registrar and such entry point.
13.3 Fees shall be collected according to a
schedule issued by the Supervisory
Authority, which shall state the amount of fees payable for each service.
13.4 Fees shall be established and adjusted by the Supervisory Authority, as
required by the Convention and the Protocol.
Section 14
LIABILITY AND INSURANCE
14.1 For the purposes of
Article 28 (1) of the Convention, "loss suffered" means
loss or damage resulting from an error or omission of the Registrar and its officers
and employees or from a malfunction of the international registration system, except
as provided for by
Article 28 of the Convention, but does not include loss or damage
resulting from lack of access to the International Registry as a result of measures
referred to in
Section 3.4 of these Regulations.
14.2 Any claim against the Registrar under
Article 28 (1) of the Convention:
(
a) shall be made in writing within the time period applicable under the laws of
the State where the International Registry is located;
(
b) shall be subject to consultations between the claimant and the Registrar;
and
(
c) if not resolved by such consultations, may be pursued by the claimant in
accordance with
Article 44 of the Convention.
14.3 The International Registry Procedures shall set out details relating to the
procedure contemplated by
Section 14.2.
14.4 The amount of insurance or financial guarantee required under
Article 28 (4) of
the Convention and
Article XX (5) of the Protocol shall be determined and may be
revised by the Supervisory Authority.
Section 15
INTERNATIONAL
REGISTRY PROCEDURES
15.1 International Registry Procedures addressing items required by these
Regulations or otherwise relating to the technical operation and administrative
processes of the International Registry shall be established by the Supervisory
Authority.
15.2 Without restricting their content, the International Registry Procedures shall set
out the technical and administrative processes for:
(
a) effecting, amending and discharging registrations and making and obtaining
copies of searches; and
(
b) obtaining the approvals and authorizations required to access the
International Registry.
Section 16
PUBLICATION
16.1 The authentic version of these Regulations and the International Registry
Procedures shall be published in an official publication of the Supervisory Authority.
16.2 The Registrar shall make an electronic version of the authentic texts referred to
Section 16.1, as may be amended as contemplated by
Section 17, available to the
public at no cost.
Section 17
AMENDMENTS
17.1 Requests for amendments to these Regulations or the International Registry
Procedures may be submitted by the Registrar to the Supervisory Authority, which
shall consider such amendments.
17.2 The authentic version of any amendments to these Regulations or the
International Registry Procedures approved by the Supervisory Authority shall be
published in an official publication of the Supervisory Authority.
Section 18
EFFECTIVE DATES
The present Regulations and the initial International Registry Procedures shall take
effect on the date the Protocol enters into force. Any amendments to these
Regulations or the International Registry Procedures shall take effect one calendar
month after the date of their publication unless otherwise determined by the
Supervisory Authority.
PROCEDURES
Section 1
AUTHORITY
(Section 15 of the Regulations)
These "Procedures" are issued by the Supervisory Authority of the International
Registry under the Convention on International Interests in Mobile Equipment, signed
at Cape Town on 16 November 2001 (the "Convention"), the Protocol to the
Convention on International Interests in Mobile Equipment on Matters specific to
Aircraft Equipment, signed at Cape Town on 16 November 2001 (the "Protocol"), and
the Regulations for the International Registry (the "Regulations"). They address
administrative items required by the Regulations as conditions to use of the
International Registry or otherwise relating to the technical operation and
administrative processes of the International Registry.
Section 2
DEFINITIONS
Terms defined in the Convention, the Protocol, and the Regulations shall have the
same meaning in these Procedures. In addition, the following terms shall have the
meaning set out below:
(a) "Approval" means either:
(
i) an electronic approval, by the Registrar, of an entity as a registry user
entity and/or of an individual as that registry user entity's administrator,
in accordance with
Section 10 below; or
(ii) an electronic approval, by the administrator, of an individual as a
registry user of such registry user entity, in accordance with
Section 11
below, and "approve" and "approved" shall be construed accordingly.
(b) "Confirmation" means an electronic confirmation provided in accordance
with
Section 6 of the Regulations, automatically issued by the Registrar when a
registration, amendment or discharge is searchable.
(c) "CPS" means the Registrar's certification practice statement, as displayed
on the website.
(d) "Digital certificate" means a digital certificate for use in communications
with the International Registry, issued to an administrator or other registry user
by the Registrar in accordance with these Procedures and the CPS.
(e) "Final consent" means the electronic consent of the last of the named
parties whose consent is required under
Article 20 of the Convention in relation
to a registration, amendment or discharge.
(f) "Private key" means the private key associated with a digital certificate.
(g) "Website" means the website that provides the public interface of the
International Registry and associated content provided by the Registrar under
the Uniform Resource Locator (URL):
http://www.internationalregistry.aero.
Section 3
FUNCTIONS OF THE REGISTRAR
(Section 3 of the Regulations)
The Registrar shall operate the International Registry and perform the functions
assigned to it by the Convention, the Protocol and the Regulations.
Section 4
FUNCTIONS OF THE REGISTRY USER ENTITY
(Section 4 of the Regulations)
For the purpose of using the International Registry, the following functions fall within
the scope of responsibility of each registry user entity:
(
a) the proper selection and appointment of its administrator;
(
b) any actions of its administrator, including any acting administrator, and of
its registry users taken in relation to the Registry, which shall be deemed to
have been duly authorized by that registry user entity;
(
c) the accuracy of the data transmitted to the International Registry on its
behalf;
(
d) requesting, through its "back-up contact" referred to in
Section 5.12 below,
that the Registrar revoke the approval of the administrator acting on behalf of a
registry user entity if the administrator ceases to be employed by that registry
user entity or otherwise ceases to be authorized to act on its behalf;
governing access to and use of the International Registry. The applicable terms
and conditions can be accessed on the website.
Section 5
FUNCTIONS OF THE ADMINISTRATOR
OF A REGISTRY USER ENTITY
(Section 4 of the Regulations)
5.1 An administrator, who may but need not be an employee of a registry user
entity, shall be duly appointed by each registry user entity, with authority to act on its
behalf for the purposes of the International Registry, and such authority shall be
represented during the approval process.
5.2 An administrator should hold appropriate formal professional qualifications
commensurate with the requirements of the functions of administrator.
5.3 Each registry user entity may have only one administrator at any given time.
5.4 The administrator of a transacting user entity, who has been approved by the
Registrar, is automatically authorized to effect, amend, discharge or consent to
registrations in which that entity is a named party.
5.5 An administrator:
(
a) shall keep his/her password and digital certificate secure;
(
b) shall not transfer his/her digital certificate from the computer on which it
was first installed, except to a replacement computer under his/her control, in
which case he/she shall first apply to the Registrar for that purpose; and
(
c) is permitted to make a secure back-up copy of his/her digital certificate
subject to the requirements of the CPS as amended from time to time.
5.6 Where an administrator electronically delegates his/her powers to an acting
administrator in accordance with
Section 4.1 of the Regulations, that acting
administrator shall be deemed to be the administrator for the purposes of these
Procedures.
5.7 Where an administrator electronically approves a registry user to act on behalf
of a registry user entity in accordance with
Section 4.2 of the Regulations, the
Registrar shall issue an email to that registry user containing a link to a digital
certificate in accordance with these Procedures.
5.8 An administrator shall, through the website:
(
a) keep up to date the email address and other details of the administrator and
each registry user representing such registry user entity held by the
International Registry;
(
b) promptly revoke the approval of a registry user representing such registry
user entity in the event that such registry user leaves the employment of, or
otherwise ceases to be associated with, such registry user entity; and
(
c) promptly revoke the authorization of a registry user representing such
registry user entity in the event that such registry user is no longer authorized
to effect, amend, discharge or consent to one or more registrations in which
that entity is a named party.
5.9 In the event that an administrator is to leave the employment of the registry
user entity on whose behalf he/she is authorized to act or if there is to be a change of
administrator, the administrator shall electronically notify the Registrar thereof in a
timely fashion. Should the registry user entity wish to appoint a replacement
administrator for the remainder of the unexpired subscription term, such appointment
shall be subject to a replacement administrator fee.
5.10 The administrator of a registry user entity shall have the authority, through the
website, to block and/or disable the user account of any registry user representing
his/her registry user entity. It is the administrator's responsibility to take such action
promptly in the event of a security breach relating to any such registry user's user
account, of which he/she has actual knowledge, including but not limited to
compromise of such registry user's private key.
5.11 The administrator of a registry user entity shall notify the Registrar of any
security breach (for example, a breach compromising a private key), of which he/she
has actual knowledge, that is expected to result in unauthorized registrations. If the
security breach relates to a registry user account, the administrator may block and/or
disable the account.
5.12 If the account of an administrator is subject to a security breach that could
reasonably be expected to result in unauthorized access to and use of the International
Registry, the Registrar and the registry user entity shall cooperate to expeditiously
take corrective action appropriate under the circumstances. A registry user entity shall
designate a "back-up contact" for these purposes.
5.13 On notification of a security breach, the Registrar may block and/or disable any
user account.
5.14 The Registrar may make such reasonable identity checks of a proposed
administrator as the Registrar considers necessary in relation to that person
undertaking such function. The Registrar may make similar checks of a registry user,
where deemed necessary by the Registrar.
5.15 Each administrator may electronically approve further registry users to act on
behalf of the registry user entity which that administrator represents (when authorized
to do so) and may approve the issue of a digital certificate to each of those registry
users.
5.16 The administrator has sole responsibility for the selection of his/her registry
user entity's registry users and for ensuring that only individuals who are duly
authorized to act on behalf of his/her registry user entity are appointed as registry
users from time to time.
Section 6
FUNCTIONS OF THE
REGISTRY USER
(Section 4 of the Regulations)
6.1 No individual other than an administrator may effect, amend, discharge or
consent to registrations with the International Registry until he/she has been approved
as a registry user by the administrator of the registry user entity that such person
represents.
6.2 No registry user may transmit information to the International Registry to
effect, amend or discharge a registration in respect of an aircraft object unless such
registry user has first received authorization to do so in relation to such aircraft object
either:
(
a) in the case of a transacting user, from the administrator of the transacting
user entity that represents it; or
(
b) in the case of a professional user, from the administrator of the transacting
user entity being such professional user's client.
6.3 Each registry user:
(
a) shall keep his/her password and digital certificate secure;
(
b) shall not transfer his/her digital certificate from the computer on which it
was first installed, except to a replacement computer under his/her control, in
which case he/she shall first apply to the Registrar for that purpose; and
(
c) is permitted to make a secure back-up copy of his/her digital certificate
subject to the requirements of the CPS as amended from time to time.
6.4 Each registry user shall notify his/her respective administrator of any security
breach, of which he/she is aware, that is expected to result in unauthorized
registrations, including unauthorized use, disclosure or compromise of his/her
password or private key.
6.5 Each registry user acknowledges that his/her respective administrator may
make such identity checks as the Registrar considers necessary in connection with
such registry user's access to the International Registry.
Section 7
ACCESS TO THE
INTERNATIONAL REGISTRY
(Section 4 of the Regulations)
7.1 The International Registry can be accessed via the public Internet under the
URL: http://www.internationalregistry.aero.
envisaged that other languages will be added when the necessary financial means are
available, taking into account the implications thereof as well as advantages for users.
7.3 To access the International Registry, an administrator, registry user or a
searching person requires access to the Internet with a compatible browser(s), as
specified on the website. Each such person shall establish his/her own arrangements
for:
(
a) access to the Internet; and
(
b) contracting with, and paying the fees of, any third party Internet service
provider.
The International Registry extends only to the access point to the Internet located at
the Registrar's hosting location.
7.4 The International Registry shall be accessible 24 hours a day, 7 days a week,
except if precluded by maintenance performed outside peak periods, or technical or
security problems. Advance notice of any interruption in access, and expected
resumption of service, shall, to the maximum extent practicable, be provided via the
website.
7.5 Access to the International Registry is conditioned on:
(
a) in the case of an administrator and a registry user, having a valid digital
certificate and complying with the applicable part of the CPS relating to his/her use
and, where required, entering the correct password;
(
b) following the steps and procedures provided on the website, including
thereby;
(
c) paying, in advance, the fees set by the Supervisory Authority and published
on the website; and
(
d) the agreement of a registry user at the time of issuance or renewal of a
digital certificate to the terms of the Regulations and these Procedures and any
amendments thereof.
7.6 If an administrator's or a registry user's password is entered incorrectly, that
person shall be given the opportunity to re-enter the password or terminate the action.
If there are three failed attempts to enter the correct password, the corresponding user
account will be blocked until contact has been made with the help desk and the issue
giving rise to the failure has been corrected.
Section 8
ENTRY POINTS
(Section 12 of the Regulations)
8.1 The Registrar shall establish arrangements applicable to the electronic
transmission of registration information from, or authorized by, entry points to the
International Registry designated under
Article XIX (1) of the Protocol and
Section
12 of the Regulations and, after consultations with each designated entry point, shall
specify the arrangements applicable to that entry point. The arrangements applicable,
designed to enhance the efficient use of the International Registry by entry points,
shall be published on the website.
8.2 All registry users making registrations through a designated entry point or
entry points under
Article XIX (1) of the Protocol shall comply with the arrangements
referred to in the preceding
Section 8.1.
Section 9
HELP DESK AND TECHNICAL SUPPORT
(Section 3.5 of the Regulations)
9.1 To access the technical support function of the International Registry, an
administrator, registry user or searching person may email or call the help desk, as
specified on the website. It is recommended that the "help" pages of the website and
email be used, where possible. Any person communicating with the help desk via
email is requested to:
(
a) specify the nature of the problem or question;
(
b) provide his/her full name and company name;
(
c) identify which type of user he/she is (e.g. administrator, registry user or
searching person); and
(
d) provide a main contact telephone number. The Registrar may, to the extent
consistent with applicable privacy law, verify the identity of all callers and log
and record all calls to the help desk.
9.2 The terms of
Section 3.4 of the Regulations and
Section 7.4 of these
Procedures shall apply to:
(
a) the hours of operation of the help desk, and exceptions thereto; and
(
b) notice of interruption and resumption of access to the help desk and its
services.
Spanish. It is envisaged that other languages will be added when the necessary
financial means are available, taking into account the implications thereof as well as
advantages for users.
9.4 Help desk response times will depend on demand and cannot therefore be
guaranteed.
9.5 The help desk is for technical support only and cannot provide support on other
matters, including legal questions. The help desk cannot respond to queries
concerning an administrator's, a registry user's or a searching person's:
(
a) computer or network system;
(
b) system security policies;
(
c) Internet access, including its connectivity and performance; or
(
d) browser.
Section 10
SIGN-UP AND APPROVAL - REGISTRY USER ENTITY
AND ADMINISTRATOR
(Section 4 of the Regulations)
10.1 In connection with approvals under
Section 4.1 of the Regulations, the
proposed administrator of a proposed registry user entity shall complete and
electronically submit to the Registrar, through the website, the form for approval of:
(
a) a registry user entity; and
(
b) an administrator of that entity.
Information designated as mandatory on the form shall be provided. Information
designated as optional on the form may be provided. Names of organizations and
persons must be their correct legal names. In exceptional cases (e.g. where the space
on the form is insufficient), prior approval of the Registrar for using a name other
than the correct legal name must be sought by email. A proposed registry user entity
shall also electronically submit to the Registrar, with proper signature, confirmation
that a proposed administrator is entitled to act in that capacity. At the specific request
of the Registrar, such confirmation shall be provided in hardcopy on the entity's
letterhead with proper signature. All applications for approval shall include
acceptance of the Regulations and these Procedures and of the website terms and
conditions governing the access to and use of the International Registry.
10.2 All applications for approval must be accompanied by full payment (by credit
or debit card) of the appropriate non-refundable fee, together with value added tax
(VAT), if required by law. The proposed administrator will be presented with a
summary of the amount (in U.S. dollars) to be paid and prompted to enter credit or
debit card details. Once the card details have been submitted and validated, payment
will be taken from the relevant account and that person will be presented with a
confirmation screen and the option to save a digital copy of the invoice.
10.3 All applications for approvals will be acknowledged to the electronic mail
address provided on the submitted application form.
10.4 The proposed administrator shall promptly reply to requests for additional
information from the Registrar in connection with the approval process. Such
requests, made at the sole discretion of the Registrar, shall be consistent with
applicable privacy laws.
10.5 If satisfied with the information provided, the Registrar shall issue to the
proposed administrator, in electronic form, the Registrar's approval and a notification
of the URL at which the administrator can access his/her digital certificate, together
with appropriate instructions on its use.
10.6 The Registrar shall issue its approval (if given) as soon as is reasonably
practicable and will endeavour to complete the approval process within 48 hours of
receipt of the application.
10.7 Once the Registrar has issued its approval, the administrator shall test his/her
ability to access the website.
10.8 The Registrar shall not approve a registry user entity or an administrator where
the Registrar believes that the requirements of
Section 4.1 of the Regulations have not
been met. In such a case, the Registrar, if requested in writing shall:
(
a) specify in writing, via email, the reasons why such requirements have not
been met; and
(
b) provide the applicant with a reasonable opportunity to take corrective
action.
If not corrected, at the sole discretion of the Registrar, the application shall be
declined. Refusal of an application shall not prevent an applicant from making a
subsequent application for approval, provided that the requirements of these
Procedures are fully complied with in respect thereto, and payment of the appropriate
fee together with VAT (if applicable) is made.
10.9 The fee for issuing a replacement digital certificate shall be borne by the
registry user entity. A person seeking a replacement digital certificate shall apply to
the Registrar and follow the instructions specified on the website.
10.10 The Registrar may revoke the approval of a registry user entity and/or an
administrator at any time where, in its view, there exists a material risk of fraudulent
registrations or other misuse. In such a case, the Registrar and the registry user entity
shall take all reasonable steps to cooperate to expeditiously take corrective action
appropriate under the circumstances; the back-up contact designated under
Section
5.l2 may be used as required. The Registrar may block and/or disable any user
account of the registry user entity concerned.
Section 11
SIGN-UP AND APPROVAL - REGISTRY USER
(Section 4 of the Regulations)
11.1 In connection with approval of registry users under
Section 4.2 of the
Regulations, a proposed registry user seeking to act on behalf of an approved registry
user entity shall apply through the website, requesting electronic approval from the
administrator of that entity.
11.2 An administrator has the sole right to approve one or more registry users
employed by a registry user entity to act on his/her behalf. If the administrator elects
to approve such registry users, the administrator shall take that action through the
"approved registry user" page on the website, specifying the period of validity of a
proposed registry user's access to the International Registry and directing that the
associated payment be made.
11.3 Upon receiving the approval of his/her administrator and following successful
testing of his/her ability to access the website, a registry user will be issued a digital
certificate by the administrator via an email containing a link to the website. The
registry user should then download from the website the digital certificate, providing
him/her with a private key.
Section 12
EFFECTING, AMENDING AND
DISCHARGING REGISTRATIONS
(Sections 5 and 6 of the Regulations)
12.1 To effect, amend or discharge a registration, a registering person shall:
(
a) follow the relevant process and instructions specified on the website; and
(
b) complete the electronic forms contained on the website, with the relevant
information required by
Section 5 of the Regulations.
Registration information electronically provided on the website shall be used by a
registering person, as required by
Section 5 of the Regulations. To the extent such
information is not provided, registration information shall be inserted by a registering
person following the instructions specified on the website.
12.2 The Registrar shall draw the attention of users to the application of
Section 5.2
of the Regulations and the terms of the notice and disclaimer each time a user makes
use of aircraft object information and the descriptive document.
12.3 Each named party, other than the registering party, required to consent under
Article 20 of the Convention in order for a registration, amendment or discharge to
become effective shall be electronically requested to consent thereto, in accordance
with
Article 18 (1) (
a) of the Convention, prior to that registration, amendment or
discharge becoming searchable. Once a registering person has entered registration,
amendment or discharge information on the website and has digitally signed it, each
named party identified in the registration:
(
a) will be notified thereof by electronic mail; and
(
b) shall be given the opportunity to consent thereto, through the website, for a
period of 36 hours.
In the event that any such named party fails to give its consent within the 36-hour
period, the registration, amendment or discharge will be automatically aborted.
12.4 Upon receipt of the final consent, the Registrar shall automatically issue a
confirmation thereof by email to all parties entitled to receive a confirmation thereof
under
Section 6 of the Regulations, provided that the email addresses of all such
parties have previously been provided.
12.5 An administrator may, at his/her sole discretion, authorize one or more of
his/her approved registry users or professional users to effect, amend or discharge a
registration. The authorization may cover one or more aircraft objects. Several users
may be authorized to work on the same aircraft object or objects, but not
simultaneously during the same registration session. An administrator may, at any
time, revoke an authorization he/she has given and grant further authorizations to
qualifying registry users.
12.6 Upon receipt of a confirmation, any named party wishing to ensure that the
respective entry has been correctly made may undertake a priority search.
12.7 Initiated, but not completed, registrations, amendments or discharges shall not
appear on any search results.
Section 13
MAKING SEARCHES AND
OBTAINING SEARCH RESULTS
(Section 7 of the Regulations)
13.1 Any person may, following payment of the required fee, search the
International Registry, and that searching person shall:
(
a) follow the relevant process and instructions specified on the website; and
(
b) complete the electronic forms contained on the website, with the relevant
information required by
Section 7 of the Regulations.
13.2 The object of an informational search is to provide the searching person with
sufficient information to perform a priority search.
13.3 An informational search listing shall be made available in electronic form to
the person undertaking the search. For the avoidance of doubt, an informational
search will not generate a search certificate. The Registrar shall not be liable in
respect of the content of an informational search listing.
13.4 In making a priority search or a Contracting State search, the searching person
shall state the name of the person or persons having the benefit of the search. The
name of such person or persons shall appear on the priority search certificate or the
Contracting State search certificate, as the case may be. Beneficiaries may include:
(
a) parties entering into, planning or forbearing from commercial transactions
involving a named party of an aircraft object; or
(
b) parties providing legal or other professional advice to, or insuring, the
parties specified in
Section 13.4 (a).
13.5 Priority search certificates and Contracting State search certificates will be
digitally signed by the Registrar and must be so signed in order to be valid. They shall
be stored electronically by the Registrar. An electronic version thereof shall be issued
and made available to the searching person. A printed version of either such
certificate shall be made available upon payment of the required fee.
13.6 The fees for priority searches performed by governments of Contracting States
may be waived pursuant to arrangements made with the Registrar.
Section 14
OPERATIONAL COMPLAINTS
(Section 8 of the Regulations)
14.1 In accordance with
Section 8 of the Regulations, any person may submit an
operational complaint to the Registrar through the "operational complaints"
section of
the website or by email as specified on the website. The receipt of an operational
complaint shall be promptly acknowledged by the Registrar.
14.2 Operational complaints shall include a written statement containing full details
of the facts said to give rise to the complaint.
14.3 The Registrar shall respond to the complaint or state why it is not able to do so,
within 15 calendar days of receipt of the complaint or, if later, receipt of the full facts
statement. The Registrar shall transmit a copy of its reply to the Supervisory
Authority.
14.4 If, within 30 calendar days of making the complaint, the person does not
consider that the matter has been or is being satisfactorily addressed by the Registrar,
that person may submit the complaint to the Supervisory Authority (with a copy to the
Registrar) for further consideration. Submission of the complaint to the Supervisory
Authority shall be made stating the full facts of the case either by email to
LEB@icao.int or by letter or facsimile to:
International Civil Aviation Organization
Supervisory Authority of the International Registry
c/o Legal Affairs and External Relations Bureau
999 University Street
Montr‚al, Quebec
Canada H3C 5H7
Fax: +1 514-954-8032
14.5 If the Supervisory Authority determines that changes to the procedures or
policies of the International Registry are appropriate, it will instruct the Registrar to
carry out such changes.
Section 15
CLAIMS AGAINST THE REGISTRAR
(Section 14 of the Regulations)
15.1 Claims may be brought against the Registrar under
Article 28 of the
Convention for loss suffered as defined in
Section 14 of the Regulations. In
accordance with
Article 28 (2), the Registrar shall not be liable for factual inaccuracy
of registration information received by the Registrar or transmitted by the Registrar in
the form in which it received that information nor for acts or circumstances for which
the Registrar and its officers and employees are not responsible and arising prior to
receipt of registration information at the International Registry.
15.2 All such claims shall be notified in writing to the Registrar by post and/or
facsimile and by email at:
Aviareto Ltd.
Suite 3
Plaza 255
Blanchardstown Corporate Park 2
Blanchardstown
Dublin 15
Republic of Ireland
Fax.: +353 (0)1 829 3508
Email: registryofficials@aviareto.aero
and shall include a full statement of the facts giving rise to the claim pursuant to
Article 28 of the Convention. Such statement shall be provided to the Registrar within
three months of the person becoming aware of the existence of the claim.
15.3 All such claims shall be subject to a consultation period during which the
claimant and the Registrar will in good faith attempt to resolve the claim. The
consultation period shall be three months from the date the Registrar receives
notification of the claim, or the statement of facts (if later). The three-month period
may be extended by mutual agreement of the parties.
15.4 If, following the consultation period, the claim has not been resolved, the
parties are encouraged to engage in mediation, conciliation, arbitration or other
dispute resolution process but the claimant may, subject to the procedural
requirements of the applicable law, commence proceedings against the Registrar in
accordance with Articles 28 and 44 of the Convention.
15.5 Nothing in these Procedures shall:
(
a) operate to extend any limitation period applicable under the applicable law;
(
b) affect a party's right to commence proceedings where otherwise a
limitation period would expire.
Section 16
CONFIDENTIALITY
(Section 9 of the Regulations)
The Registrar shall keep all information in the International Registry confidential,
except where:
(
a) it is provided in response to a priority search, a Contracting State search or
informational search, or made electronically available to enable registry users
to effect, amend or discharge registrations;
(
b) it is requested under
Article 27 (5), of the Convention, or provided to the
Supervisory Authority at the latter's request; or
(
c) it is used for the purposes of the statistics required by
Section 10 of the
Regulations for the International Registry.
Section 17
NOTIFICATIONS
The Registrar may notify an administrator or a registry user entity, by email to the
current email address provided by or for that person, of any matters affecting the
International Registry. Any such notification shall be presumed to have been received
24 hours after it was sent.
Section 18
FEES
(Section 13 of the Regulations)
All applicable fees shall be paid in advance. The current fee
schedule is set out in the
Appendix to these Procedures and may be adjusted from time to time by the
Supervisory Authority, as provided by the Convention and the Protocol.
Section 19
PUBLICATION
(Section 16 of the Regulations)
19.1 The authentic version of these Procedures shall be published in an official
publication of the Supervisory Authority.
19.2 The Registrar shall make an electronic version of these Procedures, as may be
amended, available to the public at no cost by publishing it on the website.
Section 20
AMENDMENTS
(Section 17 of the Regulations)
20.1 Requests for amendments to these Procedures may be submitted by the
Registrar to the Supervisory Authority, which shall consider such amendments.
20.2 The authentic version of any amendments to these Procedures approved by the
Supervisory Authority shall be published in an official publication of the Supervisory
Authority.
Section 21
EFFECTIVE DATES
(Section 18 of the Regulations)
These Procedures shall take effect on the date the Protocol enters into force. Any
amendments to these Procedures shall take effect one calendar month after the date of
their publication unless otherwise determined by the Supervisory Authority.
Appendix
Fee
Schedule
1. FEES FOR USING THE
INTERNATIONAL REGISTRY
User set-up fee
1.1 No person may register with the International Registry without having paid a
"user set-up fee".
1.2 The user set-up fee payable in respect of a controlled entity shall be levied as
follows:
(
a) upon approval of the controlled entity by the administrator of an approved
transacting user entity, after the coming into force of the Third Edition of the
Regulations and Procedures for the International Registry; and
(
b) on the next date of the subscription renewal of an approved transacting user
entity, where the administrator of said entity approved the controlled entity or
the special purpose entity prior to the coming into force of the Third Edition of
the Regulations and Procedures for the International Registry.
1.3 User set-up fees are set out in Table 1. These fees include the provision of a
public key infrastructure (PKI) certificate that is installed on the user workstation. In
the event of this certificate being lost or destroyed, a new certificate will be supplied
on payment of a "lost certificate fee" as set out in Table 1.
Registration fee
1.4 A single registration fee shall be charged for all registrations initiated by the
same registering party during a "registration session", defined to mean one session
with the International Registry permitting "all registrations" relating to:
(
a) one airframe and all engines regularly used thereon (or any subset thereof
or any individual engine); or
(
b) one helicopter.
For this purpose, "all registrations" means all registrations reflecting transactions,
including a transfer of the right to consent to a discharge, or an amendment or a
discharge relating to the object or objects set out in paragraph 1.4 (
a) or (
b) entered
into within a period of 24 hours from the time of the initiation of the registration
session, including those reflecting different or multiple types of registrations
permitted under the Convention and the Protocol without limitation in number (e.g. an
international interest (leasing agreement), a second international interest (security
agreement), a third international interest (a second security agreement), subordination
(of the second international interest to the first), and an assignment of one or more of
the international interests). A "registration session" will last for 24 hours for the
purposes of the "registration fee".
1.5 That single registration fee shall be defined as the "registration fee", the
amount of which is set out in Table 1.
1.6 Spare engines (i.e. further engines beyond the number normally fitted to an
airframe) that are to be registered with an airframe during a single registration session
will be subject to an additional "spare engine fee", the amount of which is set out in
Table 1.
Priority search fee
1.7 A "priority search fee" for each priority search certificate is set out in Table 1.
1.8 An entity name change fee shall apply for each submitted name change
notification request.
2. PROCEDURE FOR ADJUSTMENT OF FEES
2.1 The fees are subject to periodic review by the Supervisory Authority, in
consultation with the Registrar. New fees may then be set by the Supervisory
Authority, based upon anticipated volume at that point, taking into account:
(
a) the Registrar's cash reserves for working capital;
(
b) the level of insurance required by the Supervisory Authority;
(
c) any litigation budget required by the Supervisory Authority or the Registrar
above that contained in the cost schedule;
(
d) the Supervisory Authority costs;
(
e) any service enhancements requested by the Supervisory Authority or
suggested by the Registrar;
(
f) the transaction volume achieved by the International Registry and the
variation from the transaction volume projected by the Registrar;
(
g) any other relevant factors.
3. IRISH VAT
Users will be invited to state their country of residence as part of their user profile
and, if based in the European Union, will be asked for a company VAT number that
will determine the application of Irish VAT (applies to Irish and European Union
users). Under current legislation, European VAT is not applicable to services
delivered to parties outside of Europe (therefore users outside of the European Union
are not subject to VAT).
Justice and Solicitor General
Cancellation of Qualified Technician Appointment
(Intoxilyzer 5000C)
Camrose Police Service
Keech, Kevin Kenneth
(Date of Cancellation January 20, 2014)
Designation of Qualified Technician Appointment
(Intox EC/IR II)
CFB Cold Lake, Military Police
Williamson, Adam Jeffrey
(Date of Designation January 16, 2014)
RCMP, Traffic Services
Small, Brittany Mae
(Date of Designation January 22, 2014)
RCMP, Traffic Services, "K" Division
Anderson, Forrest Robert
Bent, Ryan Andrew
Blaylock, Lori Dawn
Brideau, Jesse
Coulombe, Yannick Joseph Gaetan
Craig, Darrell Wilson
Goble, Brennan Philip
Gurski, Graham Darcy
Hall, Mark Neal
Hamilton, Michael Bennett
Hansen, Scott Byron
Henderson, William Egan
Johnson, Roderick Derk
Kim, Jong Han
Leduc, Stephanie Marie
MacDonald, Keith Douglas
McKenna, David Anthony
Nadeau, Mathieu Guy
Noel, Krzysztof Jan
Reay, Andrea Lynn
Stanbrook, David Alan
Townsend, Michael Thomas
Tung, Natalie Shun-Ying
Zufferli, Michael Joseph Giovanni Filippo
(Date of Designation January 16, 2014)
Municipal Affairs
Notice of the Mailing of the
2013 Assessment Year
Linear Property Assessment Notices
(Municipal Government Act)
Pursuant to
Section 311 of the Municipal Government Act Revised Statutes of Alberta
Chapter M-26 as amended, the 2013 Assessment Year Linear Property
Assessment Notices have been sent to all assessed linear property owners with copies
to the affected municipalities. All assessed persons are deemed to have received their
linear property assessment notices as a result of the publication of this notice.
The linear property assessment roll is open for viewing year round. A copy can be
found at the:
Assessment Services Branch
15th Floor Commerce Place
10155 - 102 Street, Edmonton, AB
T5J 4L4
Questions concerning linear property assessment notices can be directed to the
Assessment Services Branch of Municipal Affairs at (780) 422-1377 or toll free at
310-0000. Dial 310-0000 before dialing the office's area code and telephone number.
Calling by cell phone? Start with one of the toll-free codes, and then punch in the
office's area code and telephone number: *310 (Roger's Wireless) #310 (Bell and
Telus).
Safety Codes Council
Corporate Accreditation
(Safety Codes Act)
Pursuant to
section 28 of the Safety Codes Act it is hereby ordered that
Suncor Logistics Corporation (SELC), Accreditation No. C000239, Order No.
administer the Safety Codes Act including applicable Alberta amendments and
regulations within the Corporation's industrial facilities for the discipline of
Electrical
Consisting of all parts of the Canadian Electrical Code, Code for Electrical
Installations at Oil & Gas Facilities and Alberta Electrical Utility Code.
Accredited Date: March 15, 2001 Issued Date: January 20, 2014.
Corporate Accreditation - Cancellation
(Safety Codes Act)
Pursuant to
section 28 of the Safety Codes Act it is hereby ordered that
Angle Energy Inc, Accreditation No. C000830, Order No. 2664
Is to cease administration under the Safety Codes Act within its jurisdiction for
Electrical
Consisting of all parts of the Canadian Electrical Code, Code for Electrical
Installations at Oil & Gas Facilities and Alberta Electrical Utility Code.
Issued Date: January 22, 2014.
_______________
Pursuant to
section 28 of the Safety Codes Act it is hereby ordered that
Manning Rural Electrification Association Limited, Accreditation No. C000238,
Order No. 1403
Is to cease administration under the Safety Codes Act within its jurisdiction for
Electrical
Consisting of all parts of the Alberta Electrical Utility Code.
Issued Date: January 22, 2014.
Pursuant to
section 28 of the Safety Codes Act it is hereby ordered that
Penn West Petroleum, Accreditation No. C000249, Order No. 2884
Is to cease administration under the Safety Codes Act within its jurisdiction for
Building
Consisting of all parts of the Alberta Building Code.
Issued Date: January 9, 2014.
_______________
Pursuant to
section 28 of the Safety Codes Act it is hereby ordered that
Penn West Petroleum, Accreditation No. C000249, Order No. 2885
Is to cease administration under the Safety Codes Act within its jurisdiction for Gas
Consisting of all parts of the Natural Gas and Propane Installation Code and Propane
Storage and Handling Code.
Issued Date: January 13, 2014.
_______________
Pursuant to
section 28 of the Safety Codes Act it is hereby ordered that
Penn West Petroleum, Accreditation No. C000249, Order No. 2886
Is to cease administration under the Safety Codes Act within its jurisdiction for
Plumbing
Consisting of all parts of the National Plumbing Code and Alberta Private Sewage
Systems Standard of Practice.
Issued Date: January 9, 2014.
Municipal Accreditation
(Safety Codes Act)
Pursuant to
Section 26 of the Safety Codes Act it is hereby ordered that
Town of Grande Cache, Accreditation No. M000397, Order No. 1169
Codes Council is authorized to provide services under the Safety Codes Act including
applicable Alberta amendments and regulations within the Municipality's boundaries
for the discipline of Fire
Consisting of all parts of the Alberta Fire Code including investigations. Excluding
Part 4 requirements for Tank storage of flammable and combustible liquids.
Accredited Date: May 17, 2000 Issued Date: January 21, 2014.
Alberta Securities Commission
ALBERTA SECURITIES COMMISSION RULE 15-503
PRODUCTION OF RECORDS
(Securities Act)
Made as a rule by the Alberta Securities Commission on January 15, 2014 pursuant to
sections 223 and 224 of the Securities Act.
ALBERTA SECURITIES COMMISSION RULE 15-503
PRODUCTION OF RECORDS
PART 1 -
INTERPRETATION
Definitions
1. In this Rule
"Act" means the Securities Act, R.S.A. 2000, c. S-4, as amended;
"custodian" means an individual who has possession or control of a record
during the time(
s) referred to in a production order, or, if no time is specified in
a production order, means an individual who has possession or control of a
record either at the time a record was created or the time a production order is
received, and includes, in the case of an electronic record, an individual
responsible for creating the record or who accessed the record in its electronic
format;
"electronic records" means data stored on any type of electronic media,
including but not limited to computers, hard disk drives, removable disk drives,
compact discs, DVD discs, Universal Serial Bus (USB) drives, mobile or smart
phones, electronic tablets, Global Positioning System (GPS) devices, digital
recorders, digital answering systems, and tape drives;
"load file" means an electronic file used to retrieve or import specific
electronic data sets from an electronic database, or to define the relationships
between data sets within the electronic database, based on unique criteria in the
load file;
"metadata" means all the electronic data relating to electronic records,
including but not limited to the descriptive, structural, administrative, and
organizational data used to describe, format and manage a document
electronically;
"native format" means the electronic file format in which an electronic record
was created;
"original record" means a record in the form it exists at the time a production
order is received by a respondent;
"production order" means an order made under
section 40 of the Act or a
summons or notice issued under subsection 42(1) of the Act;
"record" means any information, document, record, security, exchange
contract, or thing, whether in physical or electronic form, required to be
produced to the Commission pursuant to a production order;
"record number" means a unique number, or combination of letters and
numbers, identifying each record produced by a respondent in response to a
production order;
"remote electronic custodian" means an entity or person in possession or
control of electronic records of a respondent, if the electronic records are at a
location other than the respondent's physical location but over which a
respondent has access, control, or direction;
"respondent" means a person or company required to produce records pursuant
to a production order;
"staff" means the staff of the Commission, including the Executive Director of
the Commission, and any counsel representing staff, but does not include the
members of the Commission;
"true copy" means an identical copy of a record, whether in electronic or
physical format, where
(
a) colours are reproduced, where such colours affect the meaning of
the record,
(
b) all text, notations, highlighting, marginal notes, date stamps,
headers, footers, and similar markings are reproduced clearly and
legibly, and
(
c) in the case of a physical record that includes removable notes,
highlighting, flags, or other additional markings that obscure or
conceal text or other information, copies of the record both with
such markings in their original position and without such
markings, so as to reveal any information obscured or concealed
by such markings.
(1) In this Rule, references to specific electronic file formats have the
meaning set out in the Library and Archives Canada Local Digital
Format Registry File Format Guidelines for Preservation and Long-
term Access.
(2) Unless otherwise defined in this Rule, terms defined in
section 1 of the
Act apply.
PART 2 - GENERAL PROVISIONS
Solicitor-Client Privilege
3. Nothing in this Rule shall be interpreted so as to affect the privilege that exists
between a solicitor and the solicitor's client.
Preservation of Records
(1) Upon receipt of a production order, a respondent must not destroy,
delete, dispose of, or otherwise damage or alter records described in the
production order, either by deliberate action or by failing to take
reasonable steps to preserve records that are subject to scheduled or
periodic deletion, overwriting, or replacement.
(2) A respondent must take reasonable steps to promptly and clearly notify
affected employees, agents or contractors not to destroy, delete, dispose
of, or otherwise damage or alter records described in the production
order.
(3) A respondent must take reasonable steps to promptly and clearly notify
any remote electronic custodian not to destroy, delete, dispose of, or
otherwise damage or alter records described in the production order.
(4) When notification is provided in accordance with subsections (2) or (3),
any employee, agent, contractor or remote electronic custodian receiving
such notification is subject to the obligations in subsection (1) with
respect to the records described in the notification that are in its
possession or control.
(5) Unless otherwise specified in a production order or further notice in
writing by staff, where a respondent routinely employs electronic
methods of storing true copies of records in lieu of storing original paper
or other physical records, such electronic storage constitutes adequate
preservation for the purposes of this section.
(6) Unless otherwise specified in a production order or further notice in
writing by staff, the obligations in this
section remain in effect for a
period of two years from the date the production order is received by the
respondent.
Multiple Copies
(1) If a respondent has multiple copies of a record and the copies differ from
one another by having different notations, highlighting, edits, signatures,
other intentional markings, or other material additions or alterations,
each copy must be treated as a distinct record and, unless otherwise
specified in a production order or otherwise in writing by staff, a
respondent must make reasonable efforts to provide each copy.
(2) Notwithstanding subsection (1), where the only difference between
multiple copies of a record is that one copy is in physical form and one
or more other copies are electronic records, a respondent is only required
to provide the electronic records.
(3) If a respondent has multiple copies of a record and the copies are
identical to one another, the respondent is only required to provide one
copy of the record but must identify, to the extent reasonably
practicable, the custodians of all copies of the record.
Cover letter
(1) When producing true copies of records to the Commission, respondents
must provide an electronic cover letter that includes, to the extent
reasonably practicable
(
a) a list of each piece of media or other storage device through
which records are produced, identified by a unique identifier and
labelled accordingly,
(
b) a list of record numbers for the records produced, cross-
referenced as appropriate to the unique media identifiers used for
each piece of media or other storage device submitted,
(
c) a list or table of the custodians or sources from which, or from
whom, the records were obtained, cross-referenced to the
particular records provided from each custodian or source, and
(
d) a declaration made by the respondent, or by an individual on
behalf of the respondent if the respondent is not an individual,
certifying that, to the best of their knowledge the records
described in and provided with the cover letter
(
i) are all of the records in the respondent's custody and
control that are specified in the production order,
(ii) are true copies of the said records, or, if any original
records are provided, that the specified records are
originals, and
(iii) have been provided and numbered in accordance with this
Rule.
(2) Notwithstanding subsection (1), if a respondent is producing records
solely in paper format or if authorized in writing by staff, a respondent
may provide the information set out in subsection (1) in paper format.
Delivery of Records
7. Unless otherwise authorized by staff in writing, a respondent providing records
pursuant to a production order must deliver such records, including media
containing electronic records, by personal delivery, mail, courier, or similar
form of delivery.
Original Records
(1) Unless otherwise specified in this Rule or if a record cannot reasonably
be copied, respondents must produce true copies of records rather than
originals.
(2) Except when a respondent has provided staff with original records and
such records have not yet been returned, a respondent must remain able
and prepared to produce originals of the true copies of records provided
to the Commission for a period of not less than two years after receipt of
a production order, or such longer period as may be set out in a
production order or notice in writing from staff.
(3) Notwithstanding any other provision of this Rule, staff may require a
respondent to produce original records in accordance with the Act.
PART 3 - PHYSICAL RECORDS
Paper Only Records
(1) If a production order applies to records that a respondent holds or has
access to only in paper or other printed format, the respondent must
provide true copies of such records
(
a) in paper or other printed format, or
(
b) as true, accurate and complete electronic images of the paper or
other printed records.
(2) If a production order applies to records that a respondent holds or has
access to only in paper or other printed format, the respondent must take
reasonable steps to provide true copies of such records
(
a) grouped according to the person or location from whom or from
which they were obtained,
(
b) grouped in the same order as they were in their native format, and
not re-organized or re-sorted,
(
c) in a manner that ensures that
(
i) the true copies are not less legible than the originals,
(ii) all marginal notes, footers, and similar features are not
obliterated, masked or inadvertently lost in the copying
process,
(iii) if a record includes information on both sides of one or
more pages, both sides of such pages have been copied or
imaged,
(iv) folded or partly folded paper (including "dog-eared" pages)
is unfolded prior to copying or imaging, and
(
v) paper (or image) size is appropriate to legibly reproduce all
of the information on the original record, and
(
d) in a manner that maintains the grouping and relationship of the
records in their native format, and in particular by using paper or
electronic slip sheets, staples, paper clips, or similar objects to
keep related pages of records together where appropriate.
(3) If a respondent produces records to staff under paragraph (1)(
a) in paper
or other printed format, such records must each be marked with a
sequentially numbered record number.
(4) If a respondent produces records to staff under paragraph 1(
b) in the
form of electronic images,
(
a) such electronic images must each contain a unique identifying
number that is
(
i) in a format specified in the production order, or if no
format is specified or the respondent is unable readily to
use the format specified, sequentially numbered in the
order of the records produced, and
(ii) electronically affixed to each image, in a manner that does
not obscure text or other existing information on the image,
(
b) to the extent reasonably practicable, the media containing the
images must be accompanied by such embedded information or
additional electronic files that enable staff to
(
i) relate each electronic image file to the unique identifying
number affixed to each image (for single-page image files),
or to the range of unique identifying numbers affixed to
multiple images (for multi-page image files),
(ii) relate each electronic image file to a specific source and
custodian from which it was obtained, and
(iii) load the electronic image files, together with the
corresponding unique identifying numbers and the source
and custodian information relating to each electronic image
file, into a database, and
(
c) to the extent reasonably practicable, the following formats must
be used:
(
i) black and white images must be provided either
(
A) in the form of Group IV single-page TIFF files with a
resolution of at least 300 dpi, or
(
B) in the form of PDF files, where each PDF file
represents a distinct record and is not a compilation of
multiple records, and
(ii) colour images must be provided in the form of JPEG files
with a resolution of at least 150 dpi.
(5) Any gaps in the sequence of unique number marks placed on records produced
in accordance with this
section must be identified, with a brief explanation, at
the time of producing the records.
(6) Upon request, and notwithstanding anything in this section, staff may authorize
a respondent to produce records that a respondent holds or has access to only in
paper or other printed format in a manner other than as prescribed in
subsections (2), (3), and (4).
Other Physical Records
(1) If a production order applies to physical records other than paper or
printed records, a respondent must provide true copies of such records
(
a) in the same physical format as the original, or
(
b) electronically, by copying the records in question in a manner that
is accurate, complete, and that can be reviewed using
commercially available systems or tools.
(2) Notwithstanding subsection (1), if it is impractical to reproduce a true
copy of a physical record other than paper or printed records either in
physical or electronic format, a respondent must produce the original of
such record.
PART 4 - ELECTRONIC RECORDS
Native Format
(1) Except as otherwise provided in this Rule, whenever reasonably
practicable, electronic records must be provided in their native format.
(2) Notwithstanding subsection (1), if electronic records in their native
format can only be reviewed or interpreted by the use of non-
commercially available, proprietary systems or software, a respondent
must identify such records to staff and
(
a) make available to staff the systems or software to enable review
and
interpretation of the records,
(
b) provide copies of the records in an alternative electronic format
that accurately and completely captures the content of, and
available metadata relating to, the records in their native format,
(
c) provide a reasonable alternative electronic means of reviewing or
interpreting the records or copies of the records, which does not
compromise the accuracy or completeness of the records as they
exist in their native format.
Access to Electronic Records
12. If access to review electronic records, including review of metadata, is
restricted by means of passwords, encryption, archiving, or other forms of
storage resulting in access limitations, the respondent providing the records
must also provide the means through such restrictions so as to enable staff to
review the records.
Electronic Messaging
(1) If a production order applies to records of any form of electronic
messaging or text messaging, and if a respondent is unable to provide
such records in their native format, the records must be provided in
another electronic format that accurately and completely captures the
content of, and available metadata relating to, the records in their native
format.
(2) Notwithstanding subsection (1), a respondent may provide records in
another electronic format that is authorized in writing by staff.
Audio and Video Files
14. If a production order applies to audio or video files, the respondent must take
reasonable steps to provide all metadata for audio and video files that are
produced, including
(
a) file names,
(
b) the dates the files were created, and
(
c) if an audio or video file is a recording of a telephone conversation (call),
the identity, if known, of the party or parties calling (caller) and the
party or parties called (recipient); the telephone numbers of the caller(
s) and recipient(s); and the date and time of the call.
Records Stored With a Remote Electronic Custodian
15. If a production order applies to records in the possession or control of a remote
electronic custodian, a respondent must take reasonable steps to provide
(
a) all of the source records which were provided to the remote electronic
custodian,
(
b) the metadata, if available, relating to the records, and
(
c) copies of the records as they were modified, presented, published, or
retained by the remote electronic custodian.
PART 5 - EXEMPTIONS
16. Upon an application, the Commission or the Executive Director may grant an
exemption from all or any part of this Rule, and any such exemption may be
17. This Rule comes into force on March 1, 2014.
Service Alberta
Approval of Purchaser's Protection Program
(Condominium Property Act)
The Condominium Property Act Regulation requires a notice summarizing the terms
and conditions of a Purchaser's Protection Program (the Program) and a notice of the
approval of the Program by the Minister before the Program is applied in respect of
any property.
The Program protects against loss by a purchaser in the event that a developer fails to
complete construction of the units or common property. Where a developer is
covered by a Program, the program provider must ensure a certificate is provided to
the purchaser containing information about the Program as specified in
section 69 of
the Condominium Property Regulation.
The Minister of Service Alberta, Doug Griffiths, approved the Program for Travelers
Insurance Company of Canada on January 14, 2014.
The Program provides for an indemnity under which Travelers Insurance Company of
Canada indemnifies the purchaser of a residential unit in respect of the purchase
money paid by the purchaser to the developer and owing by the developer to the
purchaser, as a result of the developer failing to complete the construction of the unit,
the related common property, or both.
Vital Statistics
Notice of Change of Personal Name
(Change of Name Act)
May 1, 2013
Farrell, Courtney Lynne to Horpestad, Courtney Lynne - 77050
Semenov, Semen Oleksandrovych to Simeonoff, Sam Alex - 77227
Semenova, Mariya Gennadiyivna to Simeonoff, Maria - 77228
Semenov, Michael Albert to Simeonoff, Michael Albert - 77230
Semenov, David Alex to Simeonoff, David Alex - 77231
Semenova, Kateryna Semenivna to Simeonoff, Kateryna Simone - 77229
Mayfield, Frederick to Mayfield - Sparkling Waters, Frederick - 77599
May 2, 2013
Weeks-Fallis, Kaleigh Alexa to Martin-Fallis, Kaleigh Alexa - 77135
Searle, Seamus Aodhan to Onaissi, Seamus Aodhan - 77766
May 3, 2013
Guetre, Brendan Joseph Neil to Doherty, Brendan Joseph Neil - 75266
Larson, Allissa Dawn to Larson, Allissia Dawn - 75411
Abdul Saboor, Abdul Sabir to Saboori, Sabir - 75900
Abdul Fatah, Shamela to Saboori, Shamela - 75901
Abdul, Rahman to Saboori, Rahman - 75902
Bebe, Zahra to Saboori, Zahra - 75903
Loth, Mary Eugenie Albertine to Loth, Albertine Mary Eugenie - 76392
Kafait, Anus to Cheema, Ans - 76655
Hinse, Jesse Thomas to Jefferson, Jesse Thomas - 76658
Hinse, Jordan Laura to Jefferson, Jordan Laura - 76657
Villarroel, Sebastian David to Ferrer Villarroel, Sebastian David - 76690
Bittle, Taelor Mae to Wickhorst, Taelor Mae - 76695
Fissett, Theodore John Joseph MacLean to MacLean-Fissett, Theodore John Joseph -
Sonnleitner, Kyle Peter to Highwind, Kyle Roxas - 77027
Bauer, Andrew Robert to Davidson, Andrew Robert - 77041
Keobounphan, Kingston to Keo, Andy - 77042
LaFleur, Chelsea Irene to Fisher, Chelsea Irene - 77104
Abraham, Efrem to Gebrehiwot, Kidus - 77302
Valiente, Charlene Alcazar to Woodall, Charlene Valiente - 77320
Peddie, Jillayne Miriam Dawn to Dyck, Jillayne Miriam Dawn - 77371
Gebreyesus, Andemariam Tewo to Tewolde, Andat - 77462
May 6, 2013
Collins, Melody Anne to Big Plume, Melody Anne - 76140
Tatwawadi, Rucha Pradeep to Mehta, Rucha Tatwawadi - 77045
Devine, Annette June to Onespot, Annette June - 77184
Burtch, Paul Anthony to Newman, Paul Scott - 77528
Bollen, Alex Russell Gilchrist to Gilchrist, Alex Russell Bollen - 77557
Kisho, Sadike Balaku to Kisho, Jamal Ababa - 77672
Jamal Malaqui, Fatuma to Ababa, Fatuma Jamal - 77673
de Kok, Megan Linnea to Mourits, Megan Linnea - 77706
Garcia, Rhiley Grace to Pandeling Garcia, Rhiley Grace - 77716
Haile, Tereza Tesfagab to Hagos, Tereza Debesay - 77729
May 7, 2013
Alejo, Suri to Alejo Lepe, Suri - 76415
Sirucek, Kelsey Brianna to Rowe, Kelsey Brianna - 76443
McCollom, Crystal Ann