Alberta Regulation 175/2017

Environmental Protection and Enhancement Act

EMISSIONS TRADING AMENDMENT REGULATION

Filed: October 5, 2017

For information only: Made by the Lieutenant Governor in Council (O.C. 305/2017)

on October 4, 2017 pursuant to sections 37, 122 and 239 of the Environmental

Protection and Enhancement Act.

1 The Emissions Trading Regulation (AR 33/2006) is

amended by this Regulation.

Section 53(1)(a)(ii) is repealed and the following is

substituted:

(ii) as a chartered professional accountant under the Chartered

Professional Accountants Act,

Section 59 is amended by striking out "November 30, 2017"

and substituting "November 30, 2021".

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

Alberta Regulation 176/2017

Expropriation Act

EXPROPRIATION ACT RULES OF PROCEDURE AND PRACTICE

(EXPIRY DATE EXTENSION) AMENDMENT REGULATION

Filed: October 5, 2017

For information only: Made by the Lieutenant Governor in Council (O.C. 306/2017)

on October 4, 2017 pursuant to sections 28, 60 and 72 of the Expropriation Act.

1 The Expropriation Act Rules of Procedure and Practice

Regulation (AR 187/2001) is amended by this Regulation.

Section 20 is amended by striking out "November 30, 2017"

and substituting "November 30, 2022".

Alberta Regulation 177/2017

Expropriation Act

EXPROPRIATION ACT FORMS (EXPIRY DATE

EXTENSION) AMENDMENT REGULATION

Filed: October 5, 2017

For information only: Made by the Lieutenant Governor in Council (O.C. 307/2017)

on October 4, 2017, pursuant to

section 72 of the Expropriation Act.

1 The Expropriation Act Forms Regulation (AR 188/2001) is

amended by this Regulation.

Section 3 is amended by striking out "November 30, 2017"

and substituting "November 30, 2022".

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Alberta Regulation 178/2017

Forests Act

Mines and Minerals Act

Public Lands Act

METALLIC AND INDUSTRIAL MINERALS EXPLORATION

AMENDMENT REGULATION

Filed: October 5, 2017

For information only: Made by the Lieutenant Governor in Council (O.C. 308/2017)

on October 4, 2017 pursuant to sections 4, 5 and 9 of the Forests Act, Mines and

Minerals Act and the Public Lands Act, respectively.

1 The Metallic and Industrial Minerals Exploration

Regulation (AR 213/98) is amended by this Regulation.

Section 46 is repealed.

Alberta Regulation 179/2017

Insurance Act

COMPLAINT RESOLUTION AMENDMENT REGULATION

Filed: October 12, 2017

For information only: Made by the Lieutenant Governor in Council (O.C. 312/2017)

on October 11, 2017 pursuant to

section 511 of the Insurance Act.

1 The Complaint Resolution Regulation (AR 259/2004) is

amended by repealing

section 7.

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Alberta Regulation 180/2017

Motor Vehicle Accident Claims Act

MOTOR VEHICLE ACCIDENT CLAIMS AMENDMENT REGULATION

Filed: October 12, 2017

For information only: Made by the Lieutenant Governor in Council (O.C. 313/2017)

on October 11, 2017 pursuant to

section 25 of the Motor Vehicle Accident Claims

Act.

1 The Motor Vehicle Accident Claims Regulation

(AR 189/98) is amended by this Regulation.

Section 9 is repealed.

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

Alberta Regulation 181/2017

Condominium Property Act

CONDOMINIUM PROPERTY AMENDMENT REGULATION

Filed: October 12, 2017

For information only: Made by the Lieutenant Governor in Council (O.C. 316/2017)

on October 11, 2017 pursuant to

section 81 of the Condominium Property Act.

1 The Condominium Property Regulation (AR 168/2000) is

amended by this Regulation.

Section 1 is amended

(

a) in subsection (1) by adding the following after

clause (a):

(a.1) "delivery and distribution systems" has the same

meaning as in

section 1(1)(

m) of the New Home Buyer

Protection Act;

(a.2) "plan of redivision" means a condominium plan

registered pursuant to

section 20 of the Act;

(

b) by adding the following after subsection (1):

(1.1) For the purposes of

section 16.1(1)(b)(ii) of the Act, "as

built drawing" means a document that

(

a) shows all substantial changes made in the specifications

and working drawings during the construction process

in respect of

(

i) the delivery and distribution systems to which the

Safety Codes Act applies, including electrical, gas,

plumbing, heating, ventilation and air conditioning

systems, and

(ii) any other pipes, wires, cables, chutes or ducts or

other systems that provide for the passage or

provision of services,

and

(

b) identifies the actual location of the systems referred to

in clause (a).

Section 3(b)(

i) is amended by adding ", (l.1)" after "(j), (l)".

Section 20 is repealed and the following is substituted:

Directors of corporation

20 The notices required to be filed under sections 10.1 and 28(5) of

the Act are to be in Form 8.

5 The following is added after

section 20:

Part 1.1

Duties of a Developer

Additional information provided to purchaser

20.01(1) For the purposes of

section 12(1)(

m) of the Act, the

developer shall deliver the following additional information and

documents to the purchaser:

(

a) the name and address for service of the developer;

(

b) if the unit being sold is located on a parcel that is leased land,

the term, rent and renewal rights of and the parties to the

lease;

(

c) the name and address for service of the prescribed trustee, if

any, who will hold deposits under

section 14 of the Act;

(

d) if the unit being sold, other than a bare land unit, is in a

development that is not substantially complete, the floor plan

of the unit including the specifications of the materials to be

used to finish the unit;

(

e) if the unit being sold is in a building or on land that is being

developed in phases in accordance with

section 19 of the Act,

a copy of the phased development disclosure statement

required under

section 35;

(

f) if the unit being sold is a conversion unit,

(

i) a description of the previous use of the building, and

(ii) a copy of the reserve fund report for the corporation;

(

g) a list of any fees, rents or other charges that the corporation is

required to pay to the developer or a third party for the use of

any units, proposed units or other real or personal property;

(

h) where no condominium plan has yet been registered,

(

i) if the developer has an interest in the land on which the

condominium plan is to be registered, a copy of

(

A) the valid certificate of title showing the developer

as the owner of the land on which the

condominium plan is to be registered, or

(

B) the valid registration on title showing the

developer has an interest in the land on which the

condominium plan is to be registered,

(ii) if the developer has no registered interest in the land on

which the condominium plan is to be registered, a

statement to that effect;

(

i) where there are bare land units on the parcel, a description of

any roads, utilities, services or delivery and distribution

systems that are to be paid for by the corporation or are

required to be repaired, maintained or replaced by the

corporation, including, without limitation, water, sewage

disposal, electricity and natural gas;

(

j) where there are bare land units on the parcel, a statement as

to whether the developer will seek redivision of any units in

accordance with

section 20 of the Act;

(

k) the amount of any occupancy fees the developer will charge

under

section 20.02 prior to contributions being levied at

regular intervals by the corporation under

section 39 of the

Act;

(

l) a description of any other fees the developer will charge the

purchaser.

(2) For the purposes of

section 12(1)(

l) and (

m) of the Act, the

developer shall, in respect of a proposed unit contained in a plan of

redivision or a unit in the second or subsequent phase of a phased

development, provide a purchaser with estimates of the changes to

the corporation's expenses that are expected to arise following the

redivision or substantial completion of the phased development.

(3) For the purposes of

section 12(1)(

l) of the Act, if an annual

budget has been prepared for the fiscal year by the corporation in

accordance with

section 30(4) of the Act, the developer shall deliver

the annual budget to each purchaser.

(4) For the purposes of

section 12(1)(

l) of the Act, if no budget has

been prepared under

section 30(4) of the Act, the developer shall

deliver a proposed budget to each purchaser.

(5) The information or documents delivered under

section 12(1) of

the Act must be accompanied with a table of contents clearly

identifying the documents being delivered.

(6) Delivery of information or documents referred to in this

section

section 12(1) of the Act as part of or accompanied with the

purchase agreement constitutes delivery of the information or

documents for the purposes of

section 12(1) of the Act.

(7) Nothing in this

section or

section 12 of the Act precludes the

provision of information referred to in this

section and

section 12(1)

of the Act by electronic means if both the purchaser and developer

consent to the use of these means.

Fees prior to levy of contributions

20.02(1) A developer may charge a purchaser occupancy fees for

the time period after the purchaser takes occupancy of the unit but

not after the first monthly contribution becomes payable by the

purchaser under

section 39 of the Act.

(2) The amount of occupancy fees referred to in subsection (1) shall

not exceed the amount disclosed to the purchaser under

section

20.01(1)(k).

(3) This

section does not apply in respect of payment of rent and

security deposits as described in

section 16 of the Act if the amount

of the rent or security deposits was agreed to between the developer

and the purchaser.

Content, delivery of proposed budget

20.03(1) A proposed budget referred to in

section 20.01(4) must

contain the following information for the 12-month period specified

in the proposed budget:

(

a) the projected total revenue of the corporation;

(

b) the projected total expenses of the corporation;

(

c) the specific projected expenses, each of which must be listed

under one of the following categories:

(

i) maintenance and repairs;

(ii) insurance;

(iii) utilities;

(iv) condominium management services;

(

v) other contracted services;

(vi) the reserve fund study;

(vii) other expenses;

(

d) the projected payments into the reserve fund or a fund

described in

section 23(7);

(

e) the name and credentials, if any, of the person who prepared

the proposed budget, and the date on which the proposed

budget was prepared.

(2) The person who prepares the proposed budget may include an

estimate for inflation in respect of projected expenses.

(3) A proposed budget must provide for a reasonable amount of the

projected total revenue of the corporation to be deposited in the

reserve fund or a fund described in

section 23(7).

(4) A proposed budget may be delivered to a purchaser only until a

budget for the corporation's fiscal year is prepared by the

corporation under

section 30(4) of the Act.

Consequences of underestimated expenses

20.04(1) If the actual total expenses incurred by the corporation in

the 12-month period beginning with the first month in which

contributions are first levied on owners at regular intervals are more

than 15% above the projected total expenses of the corporation as set

out in the proposed budget, the corporation shall provide the

developer with

(

a) a notice setting out

(

i) the actual and projected total expenses, and

(ii) the amount of the actual total expenses that is greater

than 15% above the projected total expenses,

and

(

b) a copy of the financial statements and any other documents

from which the actual and projected total expenses were

determined.

(2) For the purposes of this section, the projected total expenses are

the lowest projected expenses disclosed by the developer to any

purchaser.

(3) The corporation shall provide the notice under subsection

(1) within 90 days after the preparation of the financial statements for

the 12-month period beginning with the first month in which

contributions are first levied on owners at regular intervals.

(4) Subject to subsection (5), within 60 days after receiving a notice

under subsection (1), the developer shall pay the corporation the

amount specified in subsection (1)(a)(ii).

(5) This

section does not apply in respect of underestimated

expenses that result from

(

a) an increase in an expense incurred by the corporation as a

result of terminating an agreement under

section 17 or 17.1

of the Act and entering into a new agreement for the same or

similar services,

(

b) an expense that was not reasonably foreseeable at the time

the proposed budget was prepared,

(

c) an increase in an insurance premium or insurance deductible

paid in respect of any policies paid for by the corporation,

(

d) an increase in utility charges from the market rates at the

time of the proposed budget,

(

e) charges for legal services provided to the corporation after

the meeting convened under

section 29 of the Act,

(

f) an increase in the cost of a reserve fund study, or

(

g) an increase in inflation, as compared to an estimate of

inflation included under

section 20.03(2).

Material change

20.05(1) For the purposes of

section 13.1 of the Act, "material

change" means a change or series of changes to a fact or proposal as

stated in the information or a document provided under

section 12 of

the Act that, on a reasonable basis, would have an adverse effect on

the value or use of the unit or proposed unit, the common property or

the real property of the corporation.

(2) If a material change arises, a purchaser may file an originating

application with the Court

(

a) within 60 days of receiving notice from the developer under

section 13.1(1) of the Act, or

(

b) if no notice is provided under

section 13.1(1) of the Act,

within 60 days from the date the purchaser became aware or

reasonably ought to have become aware of the material

change.

(3) In any event, an originating application must be filed within 12

months after the certificate of title to the unit is registered in the

name of the purchaser.

(4) The Court may, without limitation, order any relief that it

considers appropriate in respect of the originating application,

including

(

a) damages,

(

b) rescission of the purchase agreement, if the certificate of title

has not yet been issued in the name of the purchaser, or

(

c) any other direction or order that the Court considers

appropriate in the circumstances.

(5) The following do not constitute a material change for the

purposes of

section 13.1 of the Act:

(

a) a difference, as determined from the corporation's financial

statements, between the projected expenses in the proposed

budget and the actual expenses for the 12-month period

beginning with the first month in which contributions are

first levied at regular intervals;

(

b) a difference between the amount of the estimated

contributions and the actual contributions;

(

c) a change in a final occupancy date under

Part 1.2, provided

the developer has complied with that Part.

Regulation prevails

20.06 If there is a conflict or inconsistency between this

Regulation and the purchase agreement, this Regulation prevails to

the extent of the conflict or inconsistency.

Part 1.2

Occupancy Date

Definitions

20.07 For the purposes of this Part and

section 12(1)(

k) of the Act,

(a) "final occupancy date" means either

(

i) the single fixed date by which a developer will make a

particular unit available for occupancy

(

A) as set out in the occupancy date statement,

(

B) as becomes binding on the purchaser under

section

20.09(3),

(

C) as provided in a written notice of revised final

occupancy date under

section 20.1(2)(b), or

(

D) as agreed to by a purchaser and developer under

20.11(1),

(ii) the latest date in a range of dates within which the

developer will make a particular unit available for

occupancy

(

A) as set out in the occupancy date statement, or

(

B) as provided in a written notice of revised final

occupancy date under

section 20.1(2)(b);

(b) "occupancy date statement" means a statement, referred to in

section 12(1)(

k) of the Act, that contains the information set

out in

section 20.08(1).

Occupancy date statement

20.08(1) A developer shall prepare an occupancy date statement in

respect of a unit, containing either

(

a) a single fixed date on which the developer will make the unit

available for occupancy by the purchaser, or

(

b) a range of dates within which the developer will make the

unit available for occupancy by the purchaser.

(2) At the time the purchase agreement is executed, the developer

shall ensure that the purchaser initials the occupancy date statement

that was delivered in accordance with

section 12(1)(

k) of the Act.

(3) Where a developer has provided an occupancy date statement as

described in subsection (1)(

b) and has subsequently selected a

specific date on which the unit will be available for occupancy, the

developer shall provide at least 30 days' written notice to the

purchaser of the specific date.

Consequences of delay in occupancy

20.09(1) If the developer does not make a unit available for

occupancy within 30 days after the final occupancy date in the

occupancy date statement, the purchaser may, subject to subsection

(3), rescind the purchase agreement by providing the developer with

a written notice rescinding the purchase agreement.

(2) If a unit is not ready for occupancy within 30 days after the final

occupancy date in the occupancy date statement, the developer shall

provide the purchaser with a written notice of a revised final

occupancy date unless the purchaser has already rescinded the

purchase agreement.

(3) A revised final occupancy date referred to in subsection (2) is

binding on the purchaser

(

a) if the purchaser has provided written acceptance of the

revised final occupancy date, or

(

b) if the purchaser does not rescind the purchase agreement

within 10 days after receipt of the notice of the developer's

revised occupancy date.

(4) A developer or prescribed trustee, as the case may be, shall

refund all money paid by the purchaser within 15 days of receipt of

the purchaser's written notice rescinding the purchase agreement.

Delay for legitimate cause

20.1(1) Despite sections 20.08 and 20.09, a developer may delay

occupancy beyond the final occupancy date for a unit, without

liability for damages and without giving rise to a right of rescission

by a purchaser under

section 20.09, if one of the following events

causes the unit not to be ready for occupancy by the final occupancy

date:

(

a) fire;

(

b) explosion;

(

c) flood;

(

d) events leading to a declaration of an emergency under the

Emergency Management Act or the Emergencies Act

(Canada);

(

e) events leading to a declaration of a public emergency or

disaster for the purpose of

section 7 of the Fiscal Planning

and Transparency Act;

(

f) impact by aircraft, spacecraft, watercraft or land vehicles;

(

g) riot, vandalism or malicious acts;

(

h) a delay in the issuance of a development permit pursuant to

the Municipal Government Act that is due to

(

i) the failure of the development authority or other

authority to issue the decision respecting the permit

within the timelines required by law,

(ii) an outstanding appeal, or

(iii) an agreement to an extension of the time to make the

decision respecting the permit;

(

i) the issuance of an order under

section 20(2), 37(2) or (3) or

49 of the Historical Resources Act or a notice preceding the

making of a bylaw by the council of a municipality under

section 26(2) of the Historical Resources Act.

(2) If a developer delays occupancy beyond the final occupancy date

under subsection (1), the developer shall

(

a) provide the purchaser with written notice of the delay and the

cause of the delay, as soon as the developer becomes aware,

and

(

b) within a reasonable period of time following the beginning of

the delay, provide the purchaser with written notice of a

revised final occupancy date that reflects a reasonable length

of time to remedy the results of the event that caused the

delay in occupancy.

Agreements, damage claims not precluded

20.11(1) Nothing in this Part precludes a purchaser and developer

from agreeing to a final occupancy date different from that set out in

an occupancy date statement or written notice of revised final

occupancy date.

(2) A remedy under this Part does not preclude a purchaser from

pursuing a claim in damages for the damages caused by the delay in

occupancy.

6 The following is added before

Part 2:

Part 1.3

Documents Provided to

Elected Board

Documents provided to elected board

20.2 For the purposes of

section 16.1 of the Act, the developer or

the interim board, as the case may be, shall provide the following

additional documents to a board elected under

section 29 of the Act:

(

a) copies of all plans, documents and amended documents that

are required to be prepared under the Safety Codes Act in

respect of buildings on the parcel;

(

b) a copy of all outstanding orders made pursuant to the Safety

Codes Act, Municipal Government Act or the New Home

Buyer Protection Act in respect of the parcel or any buildings

on the parcel;

(

c) a copy of the condominium plan and any plan of redivision;

(

d) copies of all manuals, schematic drawings, operating

instructions, service guides, manufacturers' documentation,

records of service and repairs and other similar information

or documentation in the possession or control of the

developer or interim board respecting the construction,

installation, operation, maintenance, repair and servicing of

any common property or real or personal property of the

corporation;

(

e) a document setting out a list of the members of the interim

board;

(

f) a document setting out

(

i) the following information respecting each owner:

(

A) the name of each owner and their corresponding

unit numbers, as they appear on the condominium

plan;

(

B) areas of exclusive possession, as referred to in

section 50 of the Act, assigned to each owner;

(ii) the following information respecting each unit:

(

A) municipal address of the unit;

(

B) the owner's address as it appears on the certificate

of title;

(

C) any additional address for service for the unit's

owner as provided by the owner to the corporation;

(

D) unit factors for each unit;

(

g) a document setting out a list of the names and addresses of all

mortgagees who have given written notice to the corporation

under

section 26(3) of the Act;

(

h) a document setting out a list of the names of each tenant that

the developer or interim board has been informed of, the unit

number being occupied by the tenant, and the amount of any

deposit paid by the owner of a rented unit to the corporation

under

section 53 of the Act;

(

i) a copy of any rules made by the board;

(

j) a copy of any unsatisfied judgment of a court or another

decision-maker in proceedings to which the corporation is a

party;

(

k) a copy of any legal or other professional advice or opinions

paid for by the corporation;

(

l) copies of any proposed budget or annual budget of the

corporation, any financial statements prepared for the

corporation's current fiscal year and any financial statements

in the possession or control of the developer or interim board

respecting previous fiscal years;

(

m) copies of all records respecting the account maintained by the

financial institution holding the reserve fund, operating funds

or any other funds of the corporation;

(

n) copies of all tax records of the corporation;

(

o) a copy of each lease, licence or other instrument granting an

owner the right to exclusive possession of an area under

section 50 of the Act;

(

p) a copy of any restrictive covenant registered against the

parcel;

(

q) a copy of all current insurance policies obtained by or on

behalf of the corporation, and the certificate respecting each

insurance policy;

(

r) a copy of all caveats registered against units that are owned

by the corporation or intended to be transferred to the

corporation.

Part 1.4

Payments Held in Trust

Trustee

20.3 For the purposes of

section 14 of the Act, a person or

partnership that meets the following requirements is prescribed as a

trustee:

(

a) the person, the professional corporation with which the

person is associated or the partnership

(

i) is an active member of the Law Society of Alberta,

(ii) is a holder of a permit issued under

Part 8 of the Legal

Profession Act, or

(iii) is comprised of partners who are active members of the

Law Society of Alberta,

as the case may be;

(

b) no suspension is in effect under

section 63 of the Legal

Profession Act in respect of

(

i) the person,

(ii) the voting shareholder of the professional corporation,

(iii) the partners of the partnership, with the result that no

partner is permitted to operate a trust account,

as the case may be;

(

c) the person or partnership is approved to operate a trust

account, under the rules established by the Law Society of

Alberta under the Legal Profession Act;

(

d) the person or each partner of the partnership, as the case may

be, is in good standing in respect of Assurance Fund

requirements under

section 89(4) of the Legal Profession Act.

Notification by prescribed trustee

20.31(1) Within 10 days of receiving money to be held in trust

under

section 14 of the Act, a prescribed trustee shall notify the

purchaser, at the purchaser's address for service, that the purchaser's

deposit is held on deposit in the prescribed trustee's trust account.

(2) Nothing in this Regulation precludes a purchaser, with the

developer's agreement, from retaining a prescribed trustee to hold a

purchaser's deposit.

(3) A prescribed trustee retained under subsection (2) shall, within

10 days after depositing a purchaser's deposit into the prescribed

trustee's trust account, notify the developer of the deposit.

Release of trust money

20.32(1) A prescribed trustee shall not release money that is held in

trust under

section 14 of the Act except in accordance with this

section.

(2) A prescribed trustee may release money held in trust to a

developer where

(

a) the money is applied to the purchase price as part of the

process of transferring title to the unit for which the deposit

money was paid,

(

b) the money is secured by a purchaser's protection program, as

defined in

Part 7, that has been approved by the Minister

under

section 14(10) of the Act, or

(

c) the developer is entitled under

section 14(12) of the Act to a

reduction in the money held in trust equal to security

provided under an enactment referred to in

section 14(12) of

the Act.

(3) Despite subsection (2),

(

a) a prescribed trustee shall not pay money held in trust under

section 14 of the Act to a developer until after the expiry of

the time period set out in

section 13(1) of the Act, and

(

b) where the certificate of title to the unit is issued in the name

of the purchaser and the unit or the common property is not

substantially complete, the prescribed trustee may release

money held in trust to a developer only after a cost consultant

provides a written opinion that the unit or the common

property, as the case may be, is substantially complete.

(4) A prescribed trustee may release money held in trust to a

purchaser where the purchase agreement is terminated after

(

a) the purchaser exercises a right of rescission under the Act or

this Regulation,

(

b) a condition imposed by the purchaser or developer has not

been removed or satisfied within the time allowed by the

purchase agreement, or

(

c) the developer exercises a right of termination under the

purchase agreement.

(5) A prescribed trustee may release money held in trust

(

a) where the parties have mutually agreed to the release,

(

b) in accordance with a decision issued by a court ordering the

payment of the money,

(

c) where the money is required or permitted to be paid into

Court, or

(

d) subject to subsection (6), to one of the parties, where the

other party has breached the purchase agreement in a way

that results in a contractual right to treat the agreement as

ended.

(6) A prescribed trustee may release money under subsection (5)(

d) only if the following conditions are met:

(

a) the party alleging the breach serves a notice of the alleged

breach on the other party and the prescribed trustee;

(

b) the party served with the notice of the alleged breach does

not serve a response on the alleging party and the prescribed

trustee within 30 days of service of the notice of the alleged

breach.

(7) A prescribed trustee may transfer the money held in trust to

another prescribed trustee.

(8) A prescribed trustee who makes a transfer under subsection

(7) shall notify the purchaser and developer of the transfer.

(9) Where money is paid to a prescribed trustee in error, the

prescribed trustee may refund the money and, after making the

refund, is not subject to any other provisions under this section.

Payment of trust money into Court

20.33(1) A prescribed trustee may pay money held in trust into

Court in accordance with this Part and the Alberta Rules of Court

(AR 124/2010).

(2) Money being paid into Court must be accompanied with an

affidavit made by the prescribed trustee setting out

(

a) the circumstances under which the money is paid into Court,

(

b) the name of every person interested in or entitled to all or

part of the money, together with their addresses, if known,

and

(

c) the prescribed trustee's address for service of documents.

(3) The prescribed trustee shall give notice of the payment into

Court to the developer and the purchaser.

(4) If a person who is not the developer or the purchaser asserts a

claim to money held in trust, the prescribed trustee may pay money

into Court after obtaining the Court's permission to do so.

(5) If the prescribed trustee pays money into Court under subsection

(4), the prescribed trustee shall give further notice of the payment

into Court as directed by the Court.

Trust account records

20.34(1) For the purposes of

section 14(7.1) of the Act, a

prescribed trustee shall keep a complete and accurate financial

record of the following information respecting the account for each

purchaser:

(

a) the name of the purchaser;

(

b) the amount of each deposit made into trust;

(

c) the date of each deposit;

(

d) the total amount of money currently held in trust;

(

e) the amount of interest earned on money held in trust;

(

f) a description of each disbursement made from money

received or held in trust.

(2) For the purposes of the Act, a trustee shall keep the records

required under subsection (1)

(

a) for the entire time that the purchaser's deposit money is in

the trust account, and

(

b) where all of the money is paid out of the account, for at least

5 years from the date on which money is last paid out of the

trust account.

(3) Nothing in this Regulation precludes

(

a) a prescribed trustee from requiring information be provided

by a purchaser or a developer for the purposes of determining

compliance with an enactment of Alberta or Canada,

(

b) a prescribed trustee from refusing to accept money for

deposit, or

(

c) a custodian under the Legal Profession Act from assuming

responsibilities of a prescribed trustee in accordance with an

order under that Act.

Part 1.5

Termination of Agreements

Agreements that cannot be terminated

20.4 For the purposes of

section 17.1 of the Act, the following

agreements cannot be terminated by the corporation:

(

a) easements;

(

b) restrictive covenants;

(

c) exclusive possession agreements entered pursuant to a bylaw;

(

d) mutual use agreements among corporations;

(

e) agreements for the provision of electricity or natural gas for a

term of less than 5 years;

(

f) agreements respecting an alternative or renewable energy

system;

(

g) agreements for the provision of telecommunication services

or facilities.

Section 23(1) is amended by striking out "board" and

substituting "corporation".

8 Sections 24 and 25 are repealed and the following is

substituted:

When reserve fund study, report and plan must be prepared

24 The corporation must meet the requirements of

section 23(1) to

(6) no later than 2 years after the date on which the condominium

plan is registered.

Exemption from reserve fund study, report and plan

re rental units

25 The corporation is exempted from retaining a qualified person

to preparing a reserve fund study and from establishing or

maintaining a reserve fund if

(

a) the certificate of title to each of the units included in a

condominium plan is registered in the name of the same

owner or the same group of owners, and

(

b) those units are rented or offered for rent to persons as tenants

who are not purchasers and are not intended to be purchasers.

Section 29(1) is amended by striking out "Commencing

with the fiscal year of a corporation ending after September 1, 2001, a

board must for each fiscal year prepare an annual report" and

substituting "The corporation must prepare an annual report for each

fiscal year".

Section 31.1 is amended by striking out "section 43(1)"

and substituting "section 43".

Section 43 is amended by striking out "sections 12 and 13"

and substituting "section 12".

12 The following is added after

section 45:

Part 3.1

Conversions

Interpretation

45.1 In this Part, "deficiency" includes damage and defect.

Conduct of building inspection, survey

45.2(1) A person engaged to prepare a building assessment report

in respect of a building in a conversion shall, prior to the preparation

of the building assessment report,

(

a) conduct a non-invasive inspection of the real property of the

corporation, the common property and managed property in

the building, and

(

b) conduct a survey of occupants, if any, of the building,

respecting any observed deficiencies in the building.

(2) A person engaged to prepare a building assessment report may

(

a) retain the services of any expert or professional that the

person considers necessary for the purposes of conducting an

inspection and preparing a report, or

(

b) require any person to provide drawings, specifications or

information that may reasonably be relevant to the inspection

that are in the possession or control of the person.

Content of building assessment reports for conversions

45.3(1) A building assessment report in respect of a conversion

must contain the following for each building that contains units:

(

a) the identification of any deficiencies in respect of

(

i) each delivery and distribution system in the building,

(ii) any mechanical system in the building,

(iii) the building envelope, as defined in

section 1(1)(

g) of

the New Home Buyer Protection Act, including

(

A) the roofing and sub-roof installation, including

water and vapour control systems, insulation and

venting for attic space and soffits,

(

B) cladding components,

(

C) balcony membranes and sealants, and

(

D) parkade membranes and sealants that are

accessible for non-invasive visual inspection,

(iv) the water drainage system around the building,

including

(

A) eavestroughing, and

(

B) grade and landscaping drainage courses,

and

(

v) the load-bearing parts in the building as the building

was built;

(

b) a report on the results of the survey of occupants conducted

under

section 45.2(1).

(2) A building assessment report may

(

a) indicate limitations of the inspection,

(

b) include disclaimers about the information contained in the

report, and

(

c) provide recommendations respecting further investigations

that are considered appropriate.

(3) A building assessment report must be prepared not earlier than

180 days before the first unit in the building is offered for sale.

Summaries respecting deficiencies in conversions

45.4 The person engaged under

section 21.1(2) of the Act to

prepare the building assessment report shall prepare and deliver to

the developer

(

a) the building assessment report, and

(

b) a

summary of the deficiencies referred to in

section 45.3(1)

that were identified in the building assessment report.

Section 49 is amended by adding the following after

clause (d):

(d.1) a description of the proposed managed property, if any, as

provided for under the proposed bylaws;

Section 52 is amended by striking out "interim board"

wherever it occurs and substituting "temporary board".

15 The following is added after

section 73:

Part 8.1

Administrative Penalties, Service

Notice of administrative penalty

73.1 A notice of administrative penalty must be given in writing

and must contain the following information:

(

a) the name of the person to whom the administrative penalty is

issued;

(

b) identification of the provision of the Act or regulation that

was contravened or not complied with;

(

c) a description of the contravention or failure to comply

identified under clause (b);

(

d) the amount of the administrative penalty;

(

e) the time period within which the administrative penalty must

be paid;

(

f) a statement describing

(

i) the right to appeal to the Minister under

section 78.5 of

the Act,

(ii) the particulars of how an appeal is to be made, and

(iii) the time in which an appeal is to be made.

Time of payment of administrative penalty

73.2 The person to whom an administrative penalty is issued shall

pay the penalty

(

a) within 30 days after receipt of the notice of administrative

penalty, or

(

b) within the time period specified in the notice of

administrative penalty,

whichever is later.

Service of Director's orders, notices

73.3(1) A Director's order issued, reconsidered or varied under the

Act and a notice of administrative penalty or other written notice or

document required by the Act to be issued or sent by the Director

must be served

(

a) in the case of an individual,

(

i) by personal service,

(ii) by leaving it for the individual with a person apparently

at least 16 years of age at the individual's current or

most usual dwelling place,

(iii) by sending it by recorded mail to

(

A) the individual's last known address, or

(

B) the most recent address provided by the individual

to the Director,

(iv) by sending it by facsimile or other form of electronic

transmission to the individual's last known facsimile

number or electronic address, if there is a record of so

sending it,

and

(

b) in the case of a corporation,

(

i) by leaving it with a director, manager or officer of the

corporation, or the president, chairperson or other head

officer, by whatever name that person is known, of the

corporation,

(ii) by leaving it at the corporation's registered office,

(iii) by sending it by recorded mail to

(

A) an address for the corporation listed in a purchase

agreement, or

(

B) the corporation's registered office,

(iv) in the case of an extraprovincial corporation, by leaving

it with, at the address of, or by sending it by recorded

mail to the address of

(

A) the corporation's attorney for service appointed as

required by the Business Corporations Act,

(

B) an address in Alberta for the corporation listed in a

purchase agreement, or

(

C) the corporation's principal place of business in

Alberta,

(

v) by sending it by facsimile or other form of electronic

transmission to the corporation's last known facsimile

number or electronic address, if there is a record of so

sending it.

(2) Service is effected under subsection (1)(a)(iv) or (b)(

v) when the

sender obtains or receives confirmation of the successfully

completed transmission.

(3) Service by recorded mail is not invalid by reason only that

(

a) the addressee refuses to take delivery of the mail,

(

b) the addressee returns the mail, or

(

c) the addressee no longer resides or is otherwise not present at

the address and has not provided the postal service with a

current mailing address.

Part 8.2

Appeals

Appeal fee

73.4 The fee for an appeal made pursuant to

section 78.5 of the

Act is the lesser of

(a) $1000, and

(

b) half of the amount of the administrative penalty set out in the

notice of administrative penalty.

16 The following is added after

section 78:

Exemptions respecting non-residential units

78.1(1)

Section 20.01(1)(

d) does not apply in respect of

non-residential units.

(2) Section 21.1 of the Act and

Part 3.1 do not apply in respect of a

conversion in which all units in the registered condominium plan are

non-residential units.

Offence

78.2(1) A developer who fails to comply with

section 20.09(4) is

guilty of an offence.

(2) Where a body corporate is convicted of an offence, the body

corporate is liable to a fine of not more than the greater of

(a) $100 000, and

(b) 3 times the amount obtained by the body corporate as a result

of the offence.

(3) Where an individual is convicted of an offence, the individual is

liable to a fine of not more than the greater of

(a) $25 000, and

(b) 3 times the amount obtained by the individual as a result of

the offence.

17 The following is added before

section 80:

Transitional

79.1(1) In this section,

(a) "former" means, in respect of a

section of the Act, the

section

as it read immediately before the coming into force of the

corresponding new section;

(b) "new" means, in respect of a

section of the Act, the

section as

it reads on the coming into force of the

section of the

Condominium Property Amendment Act, 2014 that amended

the corresponding former section.

(2) Where a plan that is presented for registration differs from the

proposed condominium plan delivered under

section 12(1) of the Act

prior to the coming into force of the new

section 8(1)(l.1) of the Act

and the new

section 10(1)(

b) of the Act, a difference caused only by

compliance with the new

section 8(1)(l.1) of the Act or the new

section 10(1)(

b) of the Act

(

a) does not trigger a right of rescission under

section 13 of the

Act, and

(

b) does not constitute a material change for the purposes of

section 13.1 of the Act.

(3) In respect of a condominium plan that is registered before the

coming into force of

section 10.1(1) of the Act, if no interim board

has been appointed and no board has been elected under

section 29

of the Act,

section 10.1(1) of the Act is to be read as if "no later than

30 days after registration of a condominium plan" were struck out

and "no later than 90 days after the coming into force of this section"

were substituted.

(4) Notwithstanding the repeal of the former sections 12 and 13 of

the Act, the former sections 12 and 13 of the Act apply in respect of

a purchase agreement entered into before the coming into force of

the new

section 12,

section 12.2, the new

section 13, and sections

13.1 and 13.2 of the Act.

(5) References in

section 14(6.1) and (7.1) of the Act to "prescribed

trustee" apply only in respect of purchase agreements entered into 90

days or more after the coming into force of

section 14(6.1) and (7.1)

of the Act.

(6) Section 16.1 of the Act applies

(

a) in respect of a meeting convened under

section 29 of the Act

less than 90 days after

section 16.1 of the Act comes into

force as if "at the meeting" were struck out and "as soon as

possible after the meeting" were substituted, and

(

b) in respect of a meeting under

section 29 of the Act convened

90 days or more after

section 16.1 of the Act comes into

force without any modification.

(7) Section 21.1 of the Act applies in respect of a conversion for

which a condominium plan was registered before the coming into

force of

section 21.1 of the Act, but only if no purchase agreement

respecting the purchase of a unit in an arms-length transaction was

entered into before the coming into force of

section 21.1 of the Act.

(8) The new

section 29 of the Act does not apply if, before the

coming into force of the new

section 29 of the Act, a meeting was

convened in accordance with the former

section 29 of the Act.

(9) The new

section 30(1) of the Act is to be read, in respect of a

condominium plan registered 8 months or more before the coming

into force of the new

section 30(1), as if "no later than 12 months

after the registration of the condominium plan" were struck out and

"no later than 120 days after the coming into force of this section"

were substituted.

Schedule 1 is amended in Form 8

(

a) in the heading by striking out "Section 28(5)" and

substituting "Sections 10.1 and 28(5)";

(

b) by adding "New or" after "Notice of".

19(1) This Regulation, except for sections 3, 5 and 12 and

section 17 to the extent that it enacts

section 79.1(2) and (4)

of the Condominium Property Regulation, comes into force

on the coming into force of the following provisions of the

Condominium Property Amendment Act, 2014:

(

a) section 55(

a) to the extent that it enacts

section

81(c.1) of the Condominium Property Act;

(

b) section 55(

b) and (c);

(

c) section 55(

d) to the extent that it enacts

section

81(f.1) of the Condominium Property Act;

(

d) section 55(h),(

k) and (l).

(2) Section 3 of this Regulation and

section 17 of this

Regulation to the extent that it enacts

section 79.1(2) of the

Condominium Property Regulation come into force on the

coming into force of

section 3 of the Condominium

Property Amendment Act, 2014.

(3) Sections 5 and 12 of this Regulation and

section 17 of

this Regulation to the extent that it enacts

section 79.1(4) of

the Condominium Property Regulation come into force on

the coming into force of

section 55(

a) of the Condominium

Property Amendment Act, 2014, to the extent that it enacts

section 81(c.2) to (c.91) of the Condominium Property Act.

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

Alberta Regulation 182/2017

Fisheries (Alberta) Act

FISHERIES (MINISTERIAL) AMENDMENT REGULATION

Filed: October 13, 2017

For information only: Made by the Minister of Environment and Parks

(M.O. 42/2017) on October 2, 2017 pursuant to

section 44 of the Fisheries (Alberta)

Act.

1 The Fisheries (Ministerial) Regulation (AR 220/97) is

amended by this Regulation.

Section 2.1 of

Schedule 2 is amended by striking out

"(None prescribed so far)" and substituting the following:

Common Name Scientific Name

Pacific White Shrimp Litopenaeus vannamei