Alberta Gazette — 15 May 2017 (Part II)
15 May 2017
Alberta — Gazette
Alberta Regulation 77/2017
Municipal Government Act
CENTRAL WASTE MANAGEMENT COMMISSION
DISESTABLISHMENT REGULATION
Filed: April 21, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 150/2017)
on April 21, 2017 pursuant to
section 602.4 of the Municipal Government Act.
Disestablishment
1 The Central Waste Management Commission is disestablished.
Winding-up
2(1) The assets of the former Central Waste Management
Commission are transferred to Red Deer County.
(2) Red Deer County shall execute all documents and take all steps
necessary to enforce subsection (1).
Assumption of debts, etc.
3(1) All debts and liabilities and all agreements incurred, held or
entered into by the former Central Waste Management Commission
with respect to the provision of solid waste management services are
assumed by Red Deer County.
(2) Red Deer County shall execute all documents and take all steps
necessary to enforce subsection (1).
Repeal
4 The Central Waste Management Commission Regulation
(AR 161/2007) is repealed.
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Alberta Regulation 78/2017
Safety Codes Act
PASSENGER ROPEWAYS AND PASSENGER CONVEYORS
STANDARDS AMENDMENT REGULATION
Filed: April 21, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 151/2017)
on April 21, 2017 pursuant to
section 65 of the Safety Codes Act.
1 The Passenger Ropeways and Passenger Conveyors
Standards Regulation (AR 190/2008) is amended by this
Regulation.
Section 2 is amended by striking out "CSA Standard
Z98-07, Passenger Ropeways and Passenger Conveyors" and
substituting "CSA Z98-14, Passenger ropeways and passenger
conveyors, published in March 2014 by CSA Group, as amended from
time to time,".
Section 4 is amended by striking out "CSA Standard
Z98-07, Passenger Ropeways and Passenger Conveyors" and
substituting "CSA Z98-14, Passenger ropeways and passenger
conveyors".
Section 5 is amended by striking out "CSA Standard
Z98-07, Passenger Ropeways and Passenger Conveyors" and
substituting "CSA Z98-14, Passenger ropeways and passenger
conveyors".
5 This Regulation comes into force on June 1, 2017.
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Alberta Regulation 79/2017
Child, Youth and Family Enhancement Act
COURT RULES AND FORMS (EXPIRY DATE EXTENSION)
AMENDMENT REGULATION
Filed: April 21, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 161/2017)
on April 21, 2017 pursuant to
section 131 of the Child, Youth and Family
Enhancement Act.
1 The Court Rules and Forms Regulation (AR 39/2002) is
amended by this Regulation.
Section 10 is amended by striking out "June 30, 2017" and
substituting "June 30, 2018".
Alberta Regulation 80/2017
Child, Youth and Family Enhancement Act
EXPERT REVIEW PANEL (EXPIRY DATE EXTENSION)
AMENDMENT REGULATION
Filed: April 21, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 162/2017)
on April 21, 2017 pursuant to
section 131 of the Child, Youth and Family
Enhancement Act.
1 The Expert Review Panel Regulation (AR 54/2012) is
amended by this Regulation.
Section 2 is amended by striking out "April 30, 2017" and
substituting "June 30, 2018".
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Alberta Regulation 81/2017
Apprenticeship and Industry Training Act
DESIGNATION OF OPTIONAL CERTIFICATION TRADE
AMENDMENT REGULATION
Filed: April 21, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 165/2017)
on April 21, 2017 pursuant to sections 22 and 57 of the Apprenticeship and Industry
Training Act.
1 The Designation of Optional Certification Trades
Regulation (AR 203/2000) is amended by this Regulation.
Section 1.2 is amended
(
a) by repealing clauses (
l) and (
m) and substituting
the following:
(
l) instrument technician (now known as instrumentation
and control technician);
(
m) insulator (now known as insulator (heat and frost));
(
b) by repealing clause (
o) and substituting the
following:
(
o) lather-interior systems mechanic (now known as lather
(interior systems mechanic));
(
c) by repealing clause (
r) and substituting the
following:
(
r) millwright (now known as industrial mechanic
(millwright));
3 This Regulation comes into force on September 1, 2017.
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Alberta Regulation 82/2017
Post-secondary Learning Act
PUBLIC POST-SECONDARY INSTITUTIONS' TUITION
FEES
(2017) AMENDMENT REGULATION
Filed: April 21, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 166/2017)
on April 21, 2017 pursuant to
section 124 of the Post-secondary Learning Act.
1 The Public Post-secondary Institutions' Tuition Fees
Regulation (AR 273/2006) is amended by this Regulation.
Section 8.1(1) is repealed and the following is
substituted:
Transitional - prohibition against raises for
2016-2017 and 2017-2018 academic years
8.1(1) The tuition fees for any program administered by an
institution either for the 2016-2017 or the 2017-2018 academic year
may not be higher than those that were in effect for that program
(
a) in the 2014-2015 academic year,
(
b) in the academic year in which the program was established, if
the program was established in the 2015-2016 or the
2016-2017 academic year, or
(
c) in the academic year in which the program, if previously
suspended, was re-established, if it was re-established in the
2015-2016 or the 2016-2017 academic year.
Alberta Regulation 83/2017
Residential Tenancies Act
RESIDENTIAL TENANCY DISPUTE RESOLUTION SERVICE
AMENDMENT REGULATION
Filed: April 21, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 163/2017)
on April 21, 2017 pursuant to
section 54.7 of the Residential Tenancies Act.
1 The Residential Tenancy Dispute Resolution Service
Regulation (AR 98/2006) is amended by this Regulation.
Section 6 is amended
(
a) in subsection (1) by striking out "a notice of application
for hearing" and substituting "an application";
(
b) in subsection (2) by striking out "A notice of
application for hearing" and substituting "An
application";
(
c) in subsection (3) by striking out "a copy of the filed
notice of application for hearing that shows" and
substituting "a notice of hearing that shows";
(
d) in subsection (4) by striking out "the filed notice of
application for hearing" and substituting "the filed
application and the notice of hearing";
(
e) in subsection (5) by striking out "a notice to that effect
with the Administrator" and substituting "a notice of
withdrawal with the Dispute Resolution Service";
(
f) in subsection (6) by striking out "When a person files a
notice" and substituting "If, after serving a filed
application and a notice of hearing on the other party, a
person files a notice of withdrawal";
(
g) in subsection (7) by striking out "the notice of the
withdrawal of the application" and substituting "the
notice of withdrawal".
Section 7 is amended
(
a) by striking out "The Dispute Resolution Service" and
substituting "A tenancy dispute officer";
(
b) in clause (
a) by striking out "the notice of application
for hearing" and substituting "the application";
(
c) in clause (
b) by striking out "application fee has" and
substituting "required fees have";
(
d) by repealing clause (
c) and substituting the
following:
(
c) a court is the appropriate body to hear and decide the
matter,
Section 17 is amended
(
a) in subsection (1)
(
i) by repealing clause (a)(ii) and substituting the
following:
(ii) an issue that, in the opinion of the tenancy dispute
officer, a court is the appropriate body to hear and
decide,
(ii) by repealing clause (
b) and substituting the
following:
(
b) the matter lies outside the jurisdiction of the
Dispute Resolution Service.
(
b) by repealing subsection (3)(
a) to (
c) and
substituting the following:
(
a) the record of any evidence in the form in which it was
received;
(
b) any money paid into the Dispute Resolution Service;
(
c) any documents and materials in the possession of the
Dispute Resolution Service.
Section 19 is amended
(
a) in subsection (2)(
b) by striking out "15 days" and
substituting "30 days";
(
b) by striking out subsection (3) and substituting the
following:
(3) A request referred to in subsection (2)(b)
(
a) must, unless the Administrator directs otherwise, be
decided by the tenancy dispute officer who granted the
original order, and
(
b) may, unless the tenancy dispute officer orders that the
other party be given notice, be made without notice to
the other party.
6 The following is added after
section 19:
Orders to vary or to set aside
19.1(1) A tenancy dispute officer may, by an order made in
accordance with this section, set aside or vary an order of the
tenancy dispute officer.
(2) A tenancy dispute officer may set aside or vary an order under
this
section
(
a) on the tenancy dispute officer's own initiative, or
(
b) at the request of a party.
(3) A request referred to in subsection (2)(
b) must,
(
a) be made within 20 days after the earlier of
(
i) the date on which the Dispute Resolution Service
provided a copy of the original order to the requesting
party in accordance with
section 20, and
(ii) the date on which the original order first came to the
requesting party's attention,
and
(
b) unless the Administrator directs otherwise, be decided by the
tenancy dispute officer who granted the original order.
(4) A tenancy dispute officer may issue an interim order staying the
order sought to be varied or set aside pending the tenancy dispute
officer's determination under this
section
(
a) on the tenancy dispute officer's own initiative, or
(
b) at the request of a party.
(5) A tenancy dispute officer may set aside or vary an order
(
a) if the order was made without notice to one or more parties,
(
b) if the order was made following a hearing at which a party
did not appear because of an accident, a mistake or
insufficient notice of the hearing, or
(
c) on other grounds consistent with procedural fairness.
(6) If a tenancy dispute officer issues an order to set aside under this
section,
(
a) the Dispute Resolution Service shall issue a notice of
rehearing of the application that shows the date, time and
location of the rehearing, and
(
b) except as otherwise directed by the tenancy dispute officer,
the rehearing shall be held in accordance with this regulation
in all respects as if it were an original hearing.
(7) If a tenancy dispute officer issues an order under this section, a
party may file a copy of that order with the Court of Queen's Bench,
and on being filed,
(
a) the original order is
(
i) stayed as the interim order under subsection (4)
provides, or
(ii) set aside or varied as the order under subsection (5)
provides,
and
(
b) unless the Court of Queen's Bench orders otherwise, any
execution or garnishee summons issued pursuant to the
original order is stayed.
Section 20 is amended by striking out "and a copy of
sections 21, 22, 23 and 26".
Section 21 is repealed and the following is substituted:
Binding nature of order
21 An order of a tenancy dispute officer is binding on the parties to
the dispute unless it is
(
a) set aside or varied by a tenancy dispute officer, or
(
b) set aside or varied on appeal.
Section 22 is repealed and the following is substituted:
Enforcement of order
22(1) An order made by a tenancy dispute officer may be filed with
the Court of Queen's Bench and on being filed is enforceable in the
same manner as an order of the Court of Queen's Bench.
(2) An order made by a tenancy dispute officer does not take effect
until it is filed under subsection (1) and served.
Section 23(1) is repealed and the following is
substituted:
Appeal
23(1) Any party who is subject to an order of a tenancy dispute
officer may appeal the order on a question of law or of jurisdiction to
the Court of Queen's Bench
(
a) within 30 days after the order is filed, by
(
i) filing with the Court of Queen's Bench a notice of
appeal setting out the grounds of appeal, and
(ii) serving a copy of the filed notice of appeal on
(
A) the respondent,
(
B) the Dispute Resolution Service, and
(
C) any other person that the Court of Queen's Bench
directs,
and
(
b) by filing with the Court of Queen's Bench not later than 7
days after the last day for service on those persons served
pursuant to clause (a)(ii)
(
i) an affidavit of service of the notice of appeal, and
(ii) a copy of a requisition to the Dispute Resolution Service
for a transcript of evidence, together with
(
A) a receipt for payment of the transcript at the
expense of the appellant, or
(
B) written confirmation from the Dispute Resolution
Service that a transcript is not available.
Section 27 is amended by striking out "exhibits" and
substituting "materials".
Section 29 is repealed and the following is substituted:
Enforcement of judgment
29 A party to an appeal may have the judgment filed as a judgment
of the Court of Queen's Bench and may enforce the judgment in
accordance with the procedure of the Court of Queen's Bench.
Section 30 is repealed and the following is substituted:
Review before filing with clerk
30 For the purposes of
section 54.4 of the Act, a clerk of a court
shall ensure that
(
a) a landlord who files an application under the Act with the
court for a remedy under
Part 3 or 4 of the Act certifies that
the landlord
(
i) has not filed an application with the Dispute Resolution
Service pertaining to the same matter,
(ii) has not been served with a notice of hearing, and is not
aware of any filing of an application with the Dispute
Resolution Service by the tenant, and
(iii) will immediately notify the clerk if the landlord is
served with a notice of hearing, or becomes aware of
any filing of an application with the Dispute Resolution
Service by the tenant,
and
(
b) a tenant who files an application under the Act with the court
for a remedy under
Part 3 or 4 of the Act certifies that the
tenant
(
i) has not filed an application with the Dispute Resolution
Service pertaining to the same matter,
(ii) has not been served with a notice of hearing, and is not
aware of any filing of an application with the Dispute
Resolution Service by the landlord, and
(iii) will immediately notify the clerk if the tenant is served
with a notice of hearing, or becomes aware of any filing
of an application by the landlord.
14 The heading to
Part 4 is repealed and the following is
substituted:
Part 4
Coming into Force
Section 35 is amended by striking out "April 30, 2017"
and substituting "April 30, 2022".
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Alberta Regulation 84/2017
Local Authorities Election Act
LOCAL AUTHORITIES ELECTION FORMS (EXPIRY DATE
EXTENSION) AMENDMENT REGULATION
Filed: April 25, 2017
For information only: Made by the Minister of Municipal Affairs
(M.O. MSL:017/17) on April 18, 2017 pursuant to
section 159(2)(
a) of the Local
Authorities Election Act.
1 The Local Authorities Election Forms Regulation
(AR 106/2007) is amended by this Regulation.
Section 3 is amended by striking out "October 31, 2017"
and substituting "March 31, 2020".
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Alberta Regulation 85/2017
Child, Youth and Family Enhancement Act
CHILD, YOUTH AND FAMILY ENHANCEMENT ACT REGULATIONS
(MINISTERIAL) AMENDMENT REGULATION
Filed: April 25, 2017
For information only: Made by the Minister of Children's Services (M.O. 2017-03)
on April 21, 2017 pursuant to
section 131(2) of the Child, Youth and Family
Enhancement Act.
1 The Adoption Regulation (AR 187/2004) is amended in
section 35 by striking out "June 30, 2017" and substituting
"June 30, 2018".
2 The Child, Youth and Family Enhancement Regulation
(AR 160/2004) is amended in
section 28 by striking out "June
30, 2017" and substituting "June 30, 2018".
3 The Residential Facilities Licensing Regulation
(AR 161/2004) is amended in
section 33 by striking out "June
30, 2017" and substituting "June 30, 2018".
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Alberta Regulation 86/2017
Marketing of Agricultural Products Act
ALBERTA CHICKEN PRODUCERS MARKETING (EXPIRY DATE
EXTENSION) AMENDMENT REGULATION
Filed: April 26, 2017
For information only: Made by the Alberta Chicken Producers on February 22, 2017
and approved by the Alberta Agricultural Products Marketing Council on February
27, 2017 pursuant to sections 26 and 27 of the Marketing of Agricultural Products
Act.
1 The Alberta Chicken Producers Marketing Regulation
(AR 3/2000) is amended by this Regulation.
Section 45 is amended by striking out "May 31, 2017" and
substituting "May 31, 2018".
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Alberta Regulation 87/2017
Marketing of Agricultural Products Act
ALBERTA BARLEY COMMISSION AMENDMENT REGULATION
Filed: April 26, 2017
For information only: Made by the Alberta Barley Commission on January 30, 2017
and approved by the Alberta Agricultural Products Marketing Council on February
27, 2017 pursuant to
section 26 of the Marketing of Agricultural Products Act.
1 The Alberta Barley Commission Regulation (AR 123/99)
is amended by this Regulation.
Section 2 is amended by adding the following after
subsection (1):
(1.1) Commencing with the 2017 crop year, a producer who sells
regulated product must pay to the Commission a service charge in
the amount of $1.20 per metric tonne or portion of a metric tonne
of regulated product sold.
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Alberta Regulation 88/2017
Marketing of Agricultural Products Act
ALBERTA WHEAT COMMISSION AMENDMENT REGULATION
Filed: April 26, 2017
For information only: Made by the Alberta Wheat Commission on February 1, 2017
and approved by the Alberta Agricultural Products Marketing Council on February
27, 2017 pursuant to
section 26 of the Marketing of Agricultural Products Act.
1 The Alberta Wheat Commission Regulation
(AR 137/2012) is amended by this Regulation.
Section 2 is amended by renumbering it as
section 2(1)
and by adding the following after subsection (1):
(2) Commencing with the 2017 fiscal year, any producer who sells
any regulated product shall pay to the Commission a service charge
in the amount of $1.09 per metric tonne or portion of a metric
tonne of regulated product sold.