Alberta Gazette — 15 July 2009 (Part II)
15 July 2009
Alberta — Gazette
Alberta Regulation 166/2009
Marketing of Agricultural Products Act
ALBERTA BEEKEEPERS MARKETING AMENDMENT REGULATION
Filed: June 16, 2009
For information only: Made by the Alberta Beekeepers on May 26, 2009 pursuant to
section 26 of the Marketing of Agricultural Products Act and approved by the
Agricultural Products Marketing Council on June 1, 2009 pursuant to
section 26 of
the Marketing of Agricultural Products Act.
1 The Alberta Beekeepers Marketing Regulation (AR
73/2006) is amended by this Regulation.
Section 2 is repealed and the following is substituted:
Service charge
2(1) Every producer with 100 or more colonies in Alberta must pay
to the Commission a service charge of $50 plus $0.65 per colony per
year.
(2) A producer with fewer than 100 colonies in Alberta may pay to
the Commission a service charge per year that is equal to the service
charge payable by a producer who has 100 colonies.
--------------------------------
Alberta Regulation 167/2009
Marketing of Agricultural Products Act
ALBERTA PULSE GROWERS MARKETING AMENDMENT REGULATION
Filed: June 16, 2009
For information only: Made by the Alberta Pulse Growers Commission on April 20,
2009, pursuant to
section 26 of the Marketing of Agricultural Products Act and
approved by the Agricultural Products Marketing Council on May 15, 2009 pursuant
section 26 of the Marketing of Agricultural Products Act.
1 The Alberta Pulse Growers Marketing Regulation
(AR 129/99) is amended by this Regulation.
Section 4(3) is amended by striking out "and the producer
are jointly and severally" and substituting "is".
Section 22 is amended by striking out "June 30, 2009" and
substituting "June 30, 2014".
--------------------------------
Alberta Regulation 168/2009
Traffic Safety Act
OPERATOR LICENSING AND VEHICLE CONTROL
AMENDMENT REGULATION
Filed: June 17, 2009
For information only: Made by the Minister of Transportation (M.O. 12/09) on June
15, 2009 pursuant to
section 64(
u) of the Traffic Safety Act.
1 The Operator Licensing and Vehicle Control Regulation
(AR 320/2002) is amended by this Regulation.
Section 123 is amended by adding the following after
subsection (3):
(3.1) Despite subsection (1)(
i) or (3), if the applicant for an
abstract of the driving record of a driver is
(
a) a carrier who has an excellent rating pursuant to
section
34(2.1) of the Commercial Vehicle Certificate and Insurance
Regulation (AR 314/2002), or
(
b) is a registered owner of a commercial vehicle registered
outside Alberta who provides satisfactory evidence of
meeting or exceeding, in the opinion of the Registrar, the
criteria that has been established is accordance with
section
34(2.1) of the Commercial Vehicle Certificate and Insurance
Regulation (AR 314/2002) for obtaining an excellent safety
rating,
no fee under subsection (1)(
i) or (3), as the case may be, is payable.
Alberta Regulation 169/2009
Recording of Evidence Act
RECORDING OF EVIDENCE REGULATION
Filed: June 22, 2009
For information only: Made by the Minister of Justice and Attorney General
(M.O. 24/2009) on June 19, 2009 pursuant to
section 9(2) of the Recording of
Evidence Act.
Definition
1 In this Regulation, "Act" means the Recording of Evidence Act.
Certificate of record
2 A certificate required by
section 3 of the Act
(
a) when given in writing must be in the form in
Schedule 1, and
(
b) when given orally must be in the form in
Schedule 2.
Certificate of transcript
3(1) A certificate required by
section 4 of the Act must be in the form
in
Schedule 3.
(2) The certificate in
Schedule 3 may be electronically endorsed in a
manner
(
a) that electronically generates the reporter's name and an
identifier assigned to the reporter by the Minister, and
(
b) that is secured against unauthorized use by a confidential
password assigned to the reporter by the Minister.
(3) Subsection (2) only applies to a reporter to whom the Minister has
assigned an identifier.
Coming into force
4 This Regulation comes into force on the coming into force of
section 3(5) and (6) of the Justice Statutes Amendment Act, 2006.
Schedule 1
Certificate of Record
I, ________________, certify that
(
a) Tape No. ___ endorsed with my signature is the record made
of the evidence in the proceedings in ______Court held in
courtroom _____ at ________, Alberta on the ____ day of
_____________ 20 ____, and
(
b) I was (check the applicable box)
? the court official in charge of the sound-recording
machine during the proceedings.
? the judge during the proceedings.
___________
(Signature)
Schedule 2
Certificate of Record (oral)
I, ______________, certify that this recording is the record made of
the evidence in the proceedings in ______Court held in courtroom
_____ at ________, Alberta on the ____ day of _____________ 20
____, and that (record the applicable statement)
? I was the court official in charge of the sound-recording
machine during the proceedings.
? myself and __________________ (names) were the court
officials in charge of the sound-recording machine during the
proceedings.
? I was the judge during the proceedings.
Schedule 3
Certificate of Transcript
I, _____________, certify that
(
a) I transcribed the record, which was recorded by a
sound-recording machine, to the best of my skill and ability
and the foregoing pages are a true and faithful transcript of
the contents of the record, and
(
b) the certificate of record for these proceedings (check or
include applicable statement)
? was included orally on the record and is transcribed in
this transcript.
? was not included orally on the record.
Date certified: Certified by:
____________ __________
(Reporter)
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Alberta Regulation 170/2009
Municipal Government Act
FINANCIAL INFORMATION RETURN AMENDMENT REGULATION
Filed: June 23, 2009
For information only: Made by the Minister of Municipal Affairs (M.O. L:120/09)
on June 14, 2009 pursuant to
section 277 of the Municipal Government Act.
1 The Financial Information Return Regulation
(AR 158/2000) is amended by this Regulation.
Section 5 is amended by striking out "July 1, 2009" and
substituting "July 1, 2014".
--------------------------------
Alberta Regulation 171/2009
Municipal Government Act
SUPPLEMENTARY ACCOUNTING PRINCIPLES AND
STANDARDS AMENDMENT REGULATION
Filed: June 23, 2009
For information only: Made by the Minister of Municipal Affairs (M.O. L:121/09)
on June 14, 2009 pursuant to
section 276 of the Municipal Government Act.
1 The Supplementary Accounting Principles and
Standards Regulation (AR 313/2000) is amended by this
Regulation.
Section 7 is amended by striking out "July 1, 2009" and
substituting "July 1, 2014".
Alberta Regulation 172/2009
Marketing of Agricultural Products Act
OPERATION OF BOARDS AND COMMISSIONS
AMENDMENT REGULATION
Filed: June 24, 2009
For information only: Made by the Alberta Agricultural Products Marketing Council
on June 1, 2009 pursuant to
section 20 of the Marketing of Agricultural Products Act
and approved by the Minister of Agriculture and Rural Development on June 18,
2009 pursuant to
section 20 of the Marketing of Agricultural Products Act.
1 The Operation of Boards and Commissions Regulation
(AR 26/99) is amended by this Regulation.
Section 7 is amended by striking out "June 30, 2009" and
substituting "June 30, 2010".
--------------------------------
Alberta Regulation 173/2009
Marketing of Agricultural Products Act
ALBERTA PULSE GROWERS COMMISSION
AUTHORIZATION AMENDMENT REGULATION
Filed: June 24, 2009
For information only: Made by the Alberta Agricultural Products Marketing Council
on April 24, 2009 pursuant to
section 26 of the Marketing of Agricultural Products
Act and approved by the Minister of Agriculture and Rural Development on June 18,
2009 pursuant to
section 26 of the Marketing of Agricultural Products Act.
1 The Alberta Pulse Growers Commission Authorization
Regulation (AR 128/99) is amended by this Regulation.
Section 4 is amended by striking out "June 30, 2009" and
substituting "June 30, 2014".
--------------------------------
Alberta Regulation 174/2009
Alberta Health Care Insurance Act
CHIROPRACTIC BENEFITS REPEAL REGULATION
Filed: June 24, 2009
For information only: Made by the Minister of Health and Wellness (M.O. 52/2009)
on May 12, 2009 pursuant to
section 1 of the Alberta Health Care Insurance Act.
1 The Chiropractic Benefits Regulation (AR 82/2006) is
repealed.
2 For greater certainty, a claim for benefits under the Chiropractic
Benefits Regulation that arises before July 1, 2009 shall continue to be
dealt with in accordance with the Claims for Benefits Regulation
(AR 81/2006).
3 This Regulation comes into force on July 1, 2009.
--------------------------------
Alberta Regulation 175/2009
Municipal Government Act
RIDGE WATER SERVICES COMMISSION REGULATION
Filed: June 25, 2009
For information only: Made by the Lieutenant Governor in Council (O.C. 314/2009)
on June 24, 2009 pursuant to
section 602.02 of the Municipal Government Act.
Table of Contents
1 Establishment
2 Members
3 Services
4 Operating deficits
5 Sale of property
6 Profit and surpluses
7 Approval
Establishment
1 A regional services commission known as the Ridge Water
Services Commission is established.
Members
2 The following municipalities are members of the Commission:
(
a) Town of Raymond;
(
b) Village of Stirling.
Services
3 The Commission is authorized to provide water treatment and
transmission services.
Operating deficits
4 The Commission may not assume operating deficits that are shown
on the books of any of the member municipalities.
Sale of property
5(1) The Commission may not, without the approval of the Minister,
sell any of its land, buildings, equipment or inventory whose purchase
has been funded wholly or partly by grants from the Government of
Alberta.
(2) The Minister may not approve a sale under subsection (1) unless
the Minister is satisfied
(
a) as to the repayment of the grants from the Government of
Alberta and outstanding debt associated with that portion of
the land, buildings, equipment or inventory to be sold,
(
b) that the sale would not have a significant adverse effect on
the services the Commission provides, and
(
c) that the sale will be properly reflected in the rates
subsequently charged to the customers of the Commission.
Profit and surpluses
6 Unless otherwise approved by the Minister, the Commission may
not
(
a) operate for the purposes of making a profit, or
(
b) distribute any of its surpluses to its member municipalities.
Approval
7 The Minister may make an approval under
section 5 or 6 subject to
any terms or conditions the Minister considers appropriate.
Alberta Regulation 176/2009
Municipal Government Act
PLANNING EXEMPTION AMENDMENT REGULATION
Filed: June 25, 2009
For information only: Made by the Lieutenant Governor in Council (O.C. 315/2009)
on June 24, 2009 pursuant to
section 618 of the Municipal Government Act.
1 The Planning Exemption Regulation (AR 223/2000) is
amended by this Regulation.
Section 6 is amended by striking out "June 30, 2009" and
substituting "June 30, 2011".
--------------------------------
Alberta Regulation 177/2009
Municipal Government Act
CALGARY INTERNATIONAL AIRPORT VICINITY
PROTECTION AREA REGULATION
Filed: June 25, 2009
For information only: Made by the Lieutenant Governor in Council (O.C. 316/2009)
on June 24, 2009 pursuant to
section 693 of the Municipal Government Act.
Table of Contents
Definitions
2 Protection Area established
3 Subdivision approval and development permits
relating to land in Protection Area
4 Continuation of validity of pre-existing approvals
5 Acoustical requirements
6 Duty of municipality
7 Approval
8 Repeal
9 Expiry
Schedules
Definitions
1 In this Regulation,
(a) "airport lands" means lands owned by the Crown in right of
Canada and managed and operated as an airport by the
Airport Operator pursuant to the Regional Airports
Authorities Act;
(b) "Airport Operator" means The Calgary Airport Authority
established as a corporation under the Regional Airports
Authorities Act, or a successor to that corporation;
(c) "development permit" means an authorization to develop
land under one of the following:
(
i) where the land is in The City of Calgary, The City of
Calgary Land Use Bylaw No. 1P2007, as amended from
time to time;
(ii) where the land is in the Municipal District of Rocky
View No. 44, the Municipal District of Rocky View No.
44 Land Use Bylaw No. C4841-97, as amended from
time to time;
(iii) where the land is in the City of Airdrie, the City of
Airdrie Land Use Bylaw No. B-09/2005, as amended
from time to time;
(iv) where a building permit authorizes the construction or
placing of a building on land in any of the
municipalities referred to in subclauses (
i) to (iii), or an
addition to or replacement or repair of that
improvement, a building permit;
(d) "municipality" means any of the following:
(
i) The City of Calgary;
(ii) the Municipal District of Rocky View No. 44;
(iii) the City of Airdrie;
(e) "NEF Area" or "noise exposure forecast area" means the area
of land that
(
i) is enclosed by NEF contour 40, excluding the airport
lands,
(ii) lies between NEF contours 35 and 40, excluding the
airport lands,
(iii) lies between NEF contours 30 and 35, excluding the
airport lands,
(iv) lies between NEF contours 25 and 30, or
(
v) lies between NEF contour 25 and the boundary of the
Protection Area as shown on the map in
Schedule 2;
(f) "NEF contour" or "noise exposure forecast contour" means a
numbered line shown on the map in
Schedule 2 that indicates
a boundary of a NEF Area;
(g) "noise exposure forecast" means a system comprised of a
standardized format for forecasted aircraft movement inputs,
a computer model and associated land use compatibility
tables, which together have been approved by Transport
Canada to provide an airport operator means to generate NEF
contours that can be used by land use planning authorities to
develop compatible land use decisions around an airport;
(h) "prohibited use" means a use of land that is prohibited under
Schedule 3;
(i) "Protection Area" means the Calgary International Airport
Vicinity Protection Area established under
section 2.
Protection Area established
2(1) The lands described in
Schedule 1 and shown on the map in
Schedule 2 are hereby established as the Calgary International Airport
Vicinity Protection Area.
(2) If any discrepancy exists between the description of the lands in
Schedule 1 and the location of the lands on the map in
Schedule 2, the
description in
Schedule 1 prevails.
(3) The Protection Area does not include the airport lands.
Subdivision approval and development permits relating to
land in Protection Area
3(1) No subdivision or development of any kind may be undertaken
on land in the Protection Area unless subdivision approval is given or a
development permit is issued, as the case may be, by the municipality
in which the land is located.
(2) A municipality that receives
(
a) an application for the subdivision of land in the Protection
Area, or
(
b) an application for a development permit relating to land in
the Protection Area
must, in addition to complying with
Part 17 of the Municipal
Government Act, comply with this Regulation.
(3) Subject to
section 4, no subdivision approval may be given and no
development permit may be issued by a municipality relating to land in
the Protection Area if the proposed use of that land is a prohibited use.
(4) This
section does not apply to a minor development of land in the
Protection Area
(
a) that will not result in a change in the use of the land, or
(
b) that is exempt under any one of the authorities listed in
section 1(
c) from the requirement to obtain a development
permit.
Continuation of validity of pre-existing approvals
4(1) If, before the coming into force of this Regulation, a municipality
approved a subdivision or issued a development permit relating to land
in the Protection Area and the use approved for the land or an
improvement to the land immediately before the coming into force of
this Regulation was a permitted or prohibited use, the approval of the
subdivision or the development permit, as the case may be, continues
to be valid after the coming into force of this Regulation.
(2) No extension, addition or enlargement may be made to an
improvement that is prohibited under this Regulation except in
accordance with subsection (3).
(3) An improvement used for a residence or school may be extended,
added to or enlarged if the portion of the improvement so extended,
added to or enlarged
(
a) is located in a NEF Area described in
section 1(e)(i), (ii) or
(iii),
(
b) complies with the acoustical requirements set out in the
Alberta Building Code, and
(
c) is entirely located on a parcel of land that existed
immediately before the coming into force of this Regulation.
(4) Where the use of an improvement continues to be valid after the
coming into force of this Regulation under subsection (1) and the
improvement is destroyed or demolished, the improvement may be
replaced and may continue to be used for the prohibited use if the
portion so replaced complies with the acoustical requirements set out
in the Alberta Building Code.
(5) The replacement of a residential improvement under subsection (4)
(
a) is limited to the number of residential units destroyed or
demolished, and
(
b) must be built on a lot in a subdivision plan registered under
the Land Titles Act before the coming into force of this
Regulation.
Acoustical requirements
5(1) All buildings constructed on land in the Protection Area after this
Regulation comes into force must comply with the acoustical
requirements set out in the Alberta Building Code that are in force at
the time the development permit relating to the building is issued.
(2) For the purpose of establishing the acoustic insulation factor under
the Alberta Building Code, the NEF contour for a building is
(
a) the highest numbered NEF contour for the NEF Area in
which the building is located, or
(
b) if the building is located in 2 NEF Areas, the highest
numbered NEF contour for the higher numbered NEF Area.
Duty of municipality
6(1) A municipality must refer to the Airport Operator any statutory
plan or land use bylaw relating to land in the Protection Area, and any
amendment of that plan or bylaw, before adopting the statutory plan or
land use bylaw, or an amendment of either.
(2) A municipality must refer to the Airport Operator a copy of any
application it receives for
(
a) a subdivision of land in a NEF Area described in
section
1(e)(i), (ii) or (iii), or
(
b) a development permit relating to land in a NEF Area
described in
section 1(e)(i), (ii) or (iii)
where the use of the land will change as a result of the application
being approved.
Amendment to Regulation
7(1) Only a municipality may apply to the Minister for an amendment
to this Regulation.
(2) An application under subsection (1) must not be considered by the
Minister unless the Minister is satisfied that reasonable consultation in
respect of the proposed amendment has taken place with any affected
municipality and landowners, the Airport Operator and the general
public.
Repeal
8 The Calgary International Airport Vicinity Protection Area
Regulation (AR 318/79) is repealed.
Expiry
9 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be
repassed in its present or an amended form following a review, this
Regulation expires on April 30, 2014.
Schedule 1
Calgary International Airport Vicinity Protection Area
The Calgary International Airport Vicinity Protection Area consists of
the lands described in this Schedule, but does not include the airport
lands.
In township 24, range 29, west of the 4th meridian:
Sections 9, 16 and 21;
Northwest quarter of
section 22;
West half of
section 27;
Sections 28 and 33;
Southwest quarter and north half of
section 34;
Southeast quarter and north half of
section 35;
Northwest quarter and south half of
section 36.
In township 25, range 29, west of the 4th meridian:
Northwest quarter and south half of
section 2;
Sections 3, 4, 9 and 10;
Sections 15, 16, 21 and 22;
Northwest quarter of
section 23;
West half of
section 26;
Sections 27, 28, 33 and 34;
West half of
section 35.
In township 26, range 29, west of the 4th meridian:
West half of
section 2;
Sections 3 and 4;
Sections 9, 10, 15 and 16;
Sections 21, 22, 27 and 28;
Section 33;
West half of
section 34.
In township 27, range 29, west of the 4th meridian:
Section 3;
South half of
section 10.
In township 23, range 1, west of the 5th meridian:
Northeast quarter of
section 23;
West half of
section 24;
West half of
section 25;
East half of
section 26;
East half of
section 35;
Southwest quarter and north half of
section 36.
In township 24, range 1, west of the 5th meridian:
Section 1;
East half of
section 2;
East half of
section 11;
Sections 12 and 13;
East half of
section 14;
Southeast quarter and north half of
section 23;
Sections 24, 25 and 26;
East half of
section 34;
Sections 35 and 36.
In township 25, range 1, west of the 5th meridian:
Sections 1 and 2;
East half of
section 3;
Southeast quarter and north half of
section 10;
Sections 11, 12, 13, 14 and 15;
Southeast quarter and north half of
section 16;
Southeast quarter and north half of
section 20;
Sections 21, 22, 23, 24, 25 and 26;
East half of
section 27;
Southwest quarter of
section 28;
South half of
section 29;
East half of
section 34;
Sections 35 and 36.
In township 26, range 1, west of the 5th meridian:
Sections 1 and 2;
East half of
section 3;
Sections 11, 12, 13 and 14;
Sections 23, 24 and 25;
Northeast quarter and south half of
section 26;
Southeast quarter of
section 35;
Section 36.
In township 27, range 1, west of the 5th meridian:
Southeast quarter of
section 1.
Schedule 2
Map showing lands in the Calgary
International Airport Vicinity
Protection Area
Schedule 3
Land Use in Relation to Noise
Exposure Forecast Areas
Definitions
1 In this Schedule,
(a) "campground" means a facility where spaces are provided for
temporary accommodation for recreational vehicles or tents;
(b) "clinic" means a facility for the provision of physical
services or mental health services, or both, to individuals on
an outpatient basis;
(c) "day care" means a facility for the provision of care and
supervision of 7 or more children, under the age of 13 years,
for periods not exceeding 24 consecutive hours, but does not
include an on-site child care program that is provided by an
employer or organization and is ancillary to the primary use
of the site;
(d) "hall and auditorium" means a facility that is primarily used
for social or cultural activities, but does not include a
museum or conference centre;
(e) "land" means land located in the Protection Area;
(f) "medical care facility" means a facility that is used or
intended to provide health services, medical treatment or
nursing, rehabilitative or preventive care to individuals and
that includes overnight stays;
(g) "outdoor eating establishment" means a facility where food
or beverages are served or offered for sale or consumption
where all, or a majority, of the seating is not located within a
fully enclosed building;
(h) "outdoor exhibition and fairground" means a facility that
provides for the display of commodities, where all or a
majority of the activities are not located in a fully enclosed
building, and includes, but is not limited to, such uses as
agricultural fairs, amusement rides and outdoor rodeos;
(i) "outdoor spectator entertainment/sports facility" means a
place or structure that is primarily used or intended for
outdoor spectator uses or events, but does not include a race
facility for motorized vehicles;
(j) "place of worship" means a place or building that is primarily
used or intended as a place where people regularly assemble
for religious worship and associated activities;
(k) "PR", where it appears in the table opposite a particular land
use, means that the land use is prohibited in that NEF Area;
(l) "residence" means a building that includes kitchen, sleeping
and sanitary facilities and is used primarily as a home;
(m) "school" means a place or building that is used or primarily
intended for the education of students at a preschool,
elementary, junior high or high school age.
Residential development a permitted use
2 Despite any other provision of this Regulation, subdivision and
development for residential use is permitted with respect to the
following land, subject to compliance with the acoustical requirements
set out in the Alberta Building Code:
Plan
Block
Lot
Municipal Address
2040 - 7 Avenue SE
4939 O
1805 - 14 Avenue SE
4939 O
except portion
within railway
1809 - 14 Avenue SE
4939 O
except portion in
Transfer 7829 AO
1815 - 14 Avenue SE
PLAN
R.W.568
railway within
Plan 4939 O
1806 - 15 Avenue SE
4939 O
north 50 feet
except portion in
Transfer 7829 AO
1810 - 15 Avenue SE
2244 - 15A Street SE
2230 - 16 Street SE
1 MR
1428 - 17 Street SE
1605 - 17 Street SE
1726 - 17 Street SE
4939 O
portion of lots 1 to
4 inclusive except
portion of lots 1 to
3 inclusive shown
on Plan 7910523
1639 - 17A Street SE
493 GA
portion north of
roadway on Plan
5094 GV
1640 - 17A Street SE
4939 O
14 and 15 except
railway on Plan
R.W.568
1645 - 17A Street SE
Public building and open air museum a permitted use
3 Despite any other provision of this Regulation, development for a
public building and open air museum use is permitted within the NEF
35-40 Area on the following lands (subject to compliance with the
exterior acoustic insulation requirements of the Alberta Building
Code):
(
a) Plan
Block
Lot
Municipal Address
419 - 15A Street NE
331 - 15A Street NE
315 - 15A Street NE
239 - 15A Street NE
221 - 15A Street NE
111 - 15A Street NE
(
b) Plan
Block
Lot
Municipal Address
240 - 15A Street NE
224 - 15A Street NE
112 - 15A Street NE
(
c) the portion of road Right of Way Plan 0812860 (15A Street
NE) commencing at the south boundary, northerly to the
northern boundary of Lot 4, Block 3, Plan 7911183.
Prohibited uses
4(1) A land use shown in Column 1 of the following table is
prohibited on land that is located in a NEF Area shown in Column 2, 3,
4 or 5 of the table if the expression "PR" appears in that column
opposite that land use.
TABLE
Column 1
Col. 2
Col. 3
Col. 4
Col. 5
Land Uses
NEF
40+
Area
NEF
35-40
Area
NEF
30-35
Area
NEF
25-30
Area
Residences
Schools
Day cares
Clinics
Medical care facilities
Halls and auditoriums
Places of worship
Outdoor eating establishments
Outdoor exhibition and
fairgrounds
Outdoor spectator entertainment/
sports facilities
Campgrounds
(2) A land use that is not shown in Column 1 of the table but is similar
to a land use shown in Column 1 of the table, in the opinion of the
affected subdivision authority or development authority, is prohibited
in accordance with subsection (1).
(3) In the table,
(a) "NEF 40+ Area" means the NEF Area described in
section
1(e)(
i) of this Regulation;
(b) "NEF 35-40 Area" means the NEF Area described in
section
1(e)(ii) of this Regulation;
(c) "NEF 30-35 Area" means the NEF Area described in
section
1(e)(iii) of this Regulation;
(d) "NEF 25-30 Area" means the NEF Area described in
section
1(e)(iv) of this Regulation.
Use of land where parcel located in 2 NEF Areas
5(1) Where
(
a) a noise exposure forecast contour divides a parcel of land that
is greater than 0.2 hectares into 2 areas, and
(
b) in one area a proposed use is a prohibited use and in the other
area the proposed use is not a prohibited use,
the proposed use of the parcel may be carried out only in the area in
which the proposed use is not a prohibited use.
(2) Where a parcel of land that is equal to or less than 0.2 hectares is
located in more than one NEF Area, the noise exposure forecast
contour that runs through the parcel must be adjusted to follow the
next appropriate natural or man-made boundary that is farther away
from the airport lands.
--------------------------------
Alberta Regulation 178/2009
Safety Codes Act
ELECTRICAL CODE AMENDMENT REGULATION
Filed: June 25, 2009
For information only: Made by the Lieutenant Governor in Council (O.C. 317/2009)
on June 24, 2009 pursuant to
section 65 of the Safety Codes Act.
1 The Electrical Code Regulation (AR 209/2006) is
amended by this Regulation.
Section 3(
a) is repealed and the following is substituted:
(
a) the Canadian Electrical Code,
Part I, Twenty-first Edition,
C22.1-09;
3 This Regulation comes into force on September 1, 2009.
--------------------------------
Alberta Regulation 179/2009
Public Sector Pension Plans Act
LAPP (EPCOR FORMER - CAPITAL POWER CORPORATION -
EMPLOYEES) AMENDMENT REGULATION
Filed: June 25, 2009
For information only: Made by the Lieutenant Governor in Council (O.C. 318/2009)
on June 24, 2009 pursuant to
Schedule 1
section 4 of the Public Sector Pension Plans
Act.
1 The Local Authorities Pension Plan (AR 366/93) is
amended by this Regulation.
2(1)
Section 3(7) is amended by striking out "or (
k) and (iii)"
and substituting "and (iii) or (k)".
(2) Section 3(7) is further amended (taking into account the
amendment made by subsection (1)) by striking out "or (k)"
and substituting ", (
k) or (l)".
Section 10 is amended by adding the following after
clause (k):
(
l) persons who were participants employed by EPCOR Utilities
Inc. immediately before the effective date and time of this
clause and became employed by Capital Power Corporation
immediately thereafter so long as they remain continuously
employed by Capital Power Corporation.
4 The following is added after
section 119:
Effective date and time - Capital Power Corporation
120(1) The effective date and time referred to in
section 10(
l) is
the date and time specified in an order made by the Minister after
consulting with the Board and EPCOR Utilities Inc.
(2) The order made under subsection (1) is to be treated as
incorporated by reference into
section 10(
l) and the Minister shall,
as soon as is reasonably practicable, have the order published in
Part I of The Alberta Gazette.
Section 120 is repealed 24 hours after the date and time
specified in the order made under
section 120(1),
whereupon
section 10(
l) is amended by striking out "the
effective date and time of this clause" and substituting the date
and time so specified.
6(1) Sections 1 and 2(1) are deemed to have come into
force on January 1, 2009.
(2) Sections 2(2) and 3 come into force immediately before
the effective date and time provided for in the order made
under
section 120(1).
Alberta Regulation 180/2009
Government Organization Act
HOUSING AND URBAN AFFAIRS GRANTS REGULATION
Filed: June 25, 2009
For information only: Made by the Lieutenant Governor in Council (O.C. 319/2009)
on June 24, 2009 pursuant to
section 13 of the Government Organization Act.
Table of Contents
Interpretation
2 Delegation
3 General authority to make grants
4 Applications for grants
5 Agreements
6 Payment
7 Conditions of grants
8 Variation of grants
9 Repayment of grants
10 Deductions from grants
11 Expiry
12 Transitional
13 Consequential
Interpretation
1(1) In this Regulation,
(a) "grant" means, except for the purposes of
section 12, a grant
made under this Regulation;
(b) "Minister" means the Minister of Housing and Urban Affairs;
(c) "recipient" means a recipient of a grant.
(2) References in this Regulation to the use of a grant include, where
the conditions of the grant so allow, the disbursement of grant money
by the recipient to others for their use.
Delegation
2 The Minister may delegate in writing to an employee of the
Government any power conferred or duty imposed on the Minister by
section 13 of the Government Organization Act or by this Regulation.
General authority to make grants
3 The Minister may, in accordance with this Regulation, make grants
to persons or organizations for any purpose related to a program,
service or matter under the administration of the Minister on any
conditions the Minister considers appropriate.
Applications for grants
4 Where an application for a grant is required, the application must
be made in the manner and form determined by the Minister.
Agreements
5 The Minister may enter into agreements with respect to any matters
relating to the payment of grants.
Payment
6 The Minister may provide for the payment of a grant in a lump sum
or by instalments at the time or times the Minister considers
appropriate.
Conditions of grants
7(1) In addition to any conditions imposed by the Minister under
section 3, it is a condition of every grant that
(
a) the recipient shall
(
i) use the grant only for the purpose for which the grant is
made,
(ii) account to the Minister, in the form and manner
required by the Minister and to the satisfaction of the
Minister, for how the grant money was or is being used,
(iii) on request by a representative of the Minister or the
Auditor General, permit the representative to examine
any books or records that the Minister or the Auditor
General considers necessary to determine how the grant
money has been or is being used, and
(iv) provide to the Minister on request any information the
Minister considers necessary to determine whether the
recipient has complied with or is complying with the
conditions of the grant,
(
b) where the grant is required to be repaid under
section 9,
(
i) the amount required to be repaid constitutes a debt due
to the Government and is recoverable in an action in
debt against the recipient, and
(ii) a certificate signed by the Minister stating that a grant
was made and that the Minister has required repayment
of the grant in accordance with this Regulation is,
unless the contrary is proved, proof of the debt due by
the recipient to the Government,
and
(
c) where payment is made to the Government under
section
10(3), a certificate signed by the Minister stating
(
i) the amount of the indebtedness to the Government,
(ii) the amount of the grant applied toward reduction or
elimination of the indebtedness,
(iii) the amount, if any, of the debt remaining after
application of the grant, and
(iv) the situation respecting interest, if any, due on the
indebtedness
is, unless the contrary is proved, proof of the facts stated in
the certificate.
(2) For greater certainty, a purpose referred to in subsection (1)(a)(
i) includes any varied purpose under
section 8(a).
Variation of grants
8 The Minister may, on giving written notice to the recipient, vary
(
a) the purpose of a grant, or
(
b) any other condition of a grant, other than a condition referred
to in
section 7.
Repayment of grants
9(1) The Minister may require a recipient to repay all or a portion of a
grant, including any investment income, if the recipient
(
a) fails to comply with a condition of the grant,
(
b) has provided any false, misleading or inaccurate information
to obtain the grant, or
(
c) has received a grant for which the recipient was ineligible.
(2) A recipient shall repay any unused portion of a grant unless the
Minister, on application by the recipient, varies the purpose or
conditions of the grant under
section 8 to allow the use of the portion
in accordance with the varied purpose or conditions.
Deductions from grants
10(1) The Minister may make a deduction from a grant
(
a) if the recipient or prospective recipient becomes indebted in
any respect to the Government, or
(
b) if the Minister, in the Minister's sole discretion, considers the
deduction appropriate.
(2) The deduction may be any amount up to and including 100% of
the grant payable.
(3) The Minister may use all or any of the grant deducted for payment
to a person who would be entitled to receive it from the prospective
recipient.
Expiry
11 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be
repassed in its present or an amended form following a review, this
Regulation expires on May 31, 2014.
Transitional
12 If on the coming into force of this Regulation a grant made by the
Minister under the Municipal Affairs and Housing Grants Regulation
has not been wholly spent and accounted for or repaid in accordance
with that Regulation and the conditions of the grant, this Regulation
applies in respect of the grant or any remaining portion of it.
Consequential
13(1) The Municipal Affairs and Housing Grants Regulation
(AR 123/2000) is amended by this section.
(2) The title is amended by striking out "and Housing".
(3) Section 1 is amended by striking out "and Housing".
(4) Schedule 7 is amended by repealing
section 2(d).
Alberta Regulation 181/2009
Marketing of Agricultural Products Act
ALFALFA SEED PLAN REGULATION
Filed: June 25, 2009
For information only: Made by the Lieutenant Governor in Council (O.C. 322/2009)
on June 24, 2009 pursuant to
section 18 of the Marketing of Agricultural Products
Act.
Table of Contents
Definitions
Part 1
Plan
2 Designation of agricultural product
3 Establishment of Plan and Commission
4 Application
5 Purpose of Plan
Part 2
Requirements Respecting the
Operation of the Plan
6 Power and duties of the Commission
7 Financing of Plan
8 Required meetings
9 Notice of meetings
10 Auditor required
11 Quorum
12 Use of representatives
Part 3
Commission Members
13 Commission
14 Removal of Commission member
15 Ceasing to hold office
16 Vacancies
17 Term of office (3 years)
18 Maximum number of consecutive terms
Part 4
Election of Commission
19 Election of Commission members
20 Nominations to stand for election
21 Election by mail ballot
22 Appointment of returning officer
23 Voting
24 Election by acclamation
25 Destruction of ballots, etc.
26 Election irregularities
27 Review
Definitions
1 In this Regulation,
(a) "Act" means the Marketing of Agricultural Products Act;
(b) "annual Commission meeting" means the annual general
meeting of eligible producers;
(c) "Commission" means the Alfalfa Seed Commission
established under
section 3;
(d) "Commission meeting" means a meeting of the Commission
members, an annual Commission meeting or a special
Commission meeting;
(e) "eligible producer" means a producer who paid the service
charge due under the Alfalfa Seed Commission Regulation in
the current or preceding calendar year;
(f) "eligible producer entity" means an eligible producer that is
(
i) a partnership as defined in the Partnership Act;
(ii) an unincorporated organization that is not a partnership
referred to in subclause (i);
(iii) a group of individuals who are carrying on an activity
for a common purpose and are neither a partnership
referred to in subclause (
i) nor an unincorporated
organization referred to in subclause (ii);
(g) "producer" includes a person who is entitled, pursuant to a
crop share arrangement, to a share of alfalfa seed;
(h) "regulated product" means alfalfa seed;
(i) "representative" means the representative of an eligible
producer entity as provided for in
section 12;
(j) "special Commission meeting" means a special meeting of
the eligible producers.
Part 1
Plan
Designation of agricultural product
2 Alfalfa seed is designated as an agricultural product for the
purposes of the Act.
Establishment of Plan and Commission
3(1) The Alfalfa Seed Plan is established.
(2) The Alfalfa Seed Commission is established.
Application
4(1) This Plan applies to alfalfa seed.
(2) This Plan does not apply to the production or marketing of the
regulated product in the Alberta Peace Region as it is described in the
Schedule to the Alberta Peace Region Forage Seed Growers Plan
Regulation (AR 91/2004).
Purpose of Plan
5 Under this Plan, the projects and programs the Commission may
initiate or carry out to commence, stimulate, increase or improve the
production and marketing of the regulated product may include
(
a) education and marketing,
(
b) studies and research,
(
c) advising and lobbying government, and
(
d) supporting and cooperating with other persons or
governments, including electing or appointing individuals or
contributing funds to that organization or an organization of
that government.
Part 2
Requirements Respecting the
Operation of the Plan
Power and duties of the Commission
6(1) Without limiting
section 16(
a) of the
Interpretation Act, the
Commission may
(
a) make rules or bylaws, including rules and bylaws
(
i) governing elections, and
(ii) remuneration of the Commission members,
and
(
b) delegate a power, duty or function of the Commission,
excluding the power to make regulations.
(2) The Commission shall
(
a) maintain a list of eligible producers,
(
b) maintain records for the purposes of
section 11(
a) of the Act,
(
c) maintain an office in Alberta, and
(
d) open a bank account with a financial institution.
Financing of Plan
7 The Plan is to be financed by the collection of a refundable service
charge.
Required meetings
8(1) The Commission shall hold an annual Commission meeting at
least once each year and no later than 15 months after the previous
annual Commission meeting.
(2) The Commission shall hold a special Commission meeting on the
written request of
(
a) not less than 30% of the eligible producers,
(
b) a majority of the Commission's members, or
(
c) the Council.
Notice of meetings
9(1) The Commission shall give notice to eligible producers of an
annual or special Commission meeting
(
a) at least 21 days in advance of the meeting, and
(
b) in the form and manner determined by the Commission.
(2) The notice shall indicate the time, location, date and purpose of the
meeting.
Auditor required
10 The Commission shall have an auditor and the auditor shall be
appointed by the eligible producers from time to time at an annual or
special Commission meeting.
Quorum
11(1) Quorum at a Commission meeting is a majority of the members
who were elected to office at the time of the meeting.
(2) Quorum at the annual Commission meeting or a special
Commission meeting is at least 25 eligible producers.
(3) Despite subsection (1), quorum for the purposes of filling a
vacancy on the Commission is a majority of the Commission members
holding office at the time of the meeting or 3 members, whichever is
greater.
Use of representatives
12(1) An eligible producer may not use a representative to attend
meetings, vote or hold office under this Regulation except in the case
of an eligible producer entity.
(2) An eligible producer entity shall use a representative and that
representative must
(
a) be an individual,
(
b) not be a representative of any other eligible producer entity
for the purposes of this section, and
(
c) if representing an eligible producer that is
(
i) a corporation, be a director, shareholder, member,
officer or employee of the corporation,
(ii) a partnership, be a partner or employee of the
partnership, or
(iii) an organization not referred to in clause (
a) or (b), be a
member, officer or employee of the organization.
(3) The eligible producer entity shall file a statement of appointment
of its representative with the returning officer in the form and manner
required by the Commission.
Part 3
Commission Members
Commission
13(1) The Commission shall consist a minimum of 5 to a maximum
of 8 members elected in accordance with this Regulation.
(2) The Commission shall elect from its members a chair and a
vice-chair.
Removal of Commission member
14(1) The Commission may remove a Commission member from
office if that member fails to attend 3 consecutive Commission
meetings.
(2) The Commission member subject to removal is not entitled to a
vote on the matter of that member's removal from the Commission.
Ceasing to hold office
15(1) An office holder ceases to hold office when the person's term
expires or the person
(
a) ceases to be an eligible producer or the representative of an
eligible producer entity,
(
b) resigns in writing, or
(
c) is removed from office.
(2) In the case of an eligible producer entity, the eligible producer
entity is considered to hold office regardless of which person was
originally elected as its representative to the Commission.
Vacancies
16(1) Where a Commission member ceases to hold office before the
expiry of that member's term, the Commission
(
a) may appoint an eligible producer who is an individual to hold
office until an eligible producer is elected under clause (b),
and
(
b) shall hold an election to fill the unexpired portion of the term,
if any, no later than the next annual Commission meeting.
(2) An appointment under subsection (1)(
a) is not valid unless it is
approved by the Council.
Term of office (3 years)
17(1) The term of office for a Commission member
(
a) commences on the conclusion of the annual Commission
meeting at which the election results are declared, and
(
b) expires on the conclusion of the third annual Commission
meeting after the member is elected.
(2) Despite subsection (1), when the first members are elected to the
newly established Commission,
(a) 2 members' terms shall expire on the conclusion of the next
annual Commission meeting after those members are elected,
and
(b) 2 members' terms shall expire on the conclusion of the
second annual Commission meeting after those members are
elected.
Maximum number of consecutive terms
18(1) The maximum number of consecutive terms a person may serve
as a Commission member is 2 terms.
(2) For the purposes of subsection (1), a person shall not be
considered to have served a term on the Commission if the person was
elected or appointed to fill a partial term for a period that that did not
exceed 18 months.
(3) A person who has served 2 consecutive terms cannot serve on the
Commission until one year has elapsed from the end of the last term.
Part 4
Election of Commission
Election of Commission members
19(1) The election of the members of the Commission shall be
(
a) by a vote at the annual Commission meeting, or
(
b) by mail in ballot in accordance with
section 21 before the
annual Commission meeting.
(2) The election results shall be officially declared at the annual
Commission meeting.
Nominations to stand for election
20(1) An eligible producer may stand for election if the eligible
producer
(
a) consents, and
(
b) is nominated by two eligible producers.
(2) A written nomination and consent must be
(
a) made in the form and manner required by the Commission,
and
(
b) signed by the nominating and consenting eligible producers.
(3) Despite subsection (2), an oral nomination and consent is
permitted in the case of an election referred to in
section 19(1)(a).
Election by mail ballot
21(1) If an election is held by way of mail ballot,
(
a) the ballot shall be mailed to the last known address of each
eligible producer no later than 30 days prior to the ballot
closing date, and
(
b) the ballot closing date fixed by the Commission must be no
more than 42 days before the annual Commission meeting at
which the election results will be declared.
(2) The election results will not be disclosed until they are officially
declared under
section 19(2).
Appointment of returning officer
22(1) The Commission shall appoint a returning officer with respect
to an election held under this Plan.
(2) The returning officer may appoint deputy returning officers.
(3) The returning officer, in respect of an election under this Plan,
(
a) may compile and maintain a voters list of persons who are
eligible to vote
(
i) as an eligible producer, or
(ii) as a representative of an eligible producer entity,
(
b) shall ensure that an eligible producer does not cast a vote
except in accordance with this Plan, and
(
c) shall permit scrutiny of all actions of the returning officer and
the deputy returning officers.
Voting
23(1) A person, whether or not the person is an eligible producer and
a representative, may cast one vote per office being elected.
(2) A person is not entitled to vote unless
(
a) the person is named on the voters list as an eligible producer
or the representative of an eligible producer entity, or
(
b) if the eligible producer or a representative of the eligible
producer entity is not named on the voters list, the person, in
the form and manner required by the Commission,
(
i) provides a statutory declaration that indicates the person
is an eligible producer or the representative of an
eligible producer entity, and
(ii) if applicable, provides a statement of appointment as a
representative.
Election by acclamation
24 If fewer than the minimum number of persons provided for by this
Act stand for election, those persons shall be considered to be elected
by acclamation.
Destruction of ballots, etc.
25 No person shall destroy any records or ballots in respect of an
election until 90 days have elapsed from the date of the election.
Election irregularities
26(1) An eligible producer may apply to the Council in writing to
have an election declared invalid within 15 days of the election on the
following grounds:
(
a) the eligibility of a candidate;
(
b) the eligibility of a voter;
(
c) a matter relating to a ballot or the tabulation of ballots;
(
d) an irregularity with respect to the conduct of an election.
(2) If an application is received in accordance with subsection (1), the
Council shall declare an election invalid if the Council considers that
(
a) the candidate was not eligible, or
(
b) the matter complained of materially affected the result of the
election.
(3) If an application is not received in accordance with subsection (1),
the election is deemed to have been valid.
(4) If an election is declared invalid, the office shall be considered to
be vacant and
section 16 applies.
(5) If there is a vacancy on the Commission as a result of the operation
of this section, the Council shall determine whether the new election to
fill the unexpired portion of that term shall be held
(
a) at a special Commission meeting held before the next annual
Commission meeting, or
(
b) at the next annual Commission meeting.
Review
27 In compliance with the ongoing regulatory review initiative, this
Regulation must be reviewed on or before July 31, 2014.
--------------------------------
Alberta Regulation 182/2009
Marketing of Agricultural Products Act
ALBERTA PULSE GROWERS MARKETING
PLAN AMENDMENT REGULATION
Filed: June 25, 2009
For information only: Made by the Lieutenant Governor in Council (O.C. 323/2009)
on June 24, 2009 pursuant to
section 23 of the Marketing of Agricultural Products
Act.
1 The Alberta Pulse Growers Marketing Plan Regulation
(AR 120/99) is amended by this Regulation.
Section 1 is amended
(
a) in clause (
c) by striking out "zone directors and the";
(
b) by adding the following after clause (c):
(c.1) "bean grower" means an eligible producer who
(
i) during the current crop year grows dry beans for
sale, or
(ii) during either of the 2 immediately preceding crop
years grew dry beans for sale;
(
c) by adding the following after clause (i):
(i.1) "eligible producer" means a producer who qualifies as
an eligible producer under
section 15.1;
(
d) by repealing clause (j.1);
(
e) by adding the following before clause (k):
(j.2) "non-bean grower" means an eligible producer who
(
i) during the current crop year grows peas, lentils,
fababeans, soybeans, lupines or chickpeas for sale,
(ii) during either of the 2 immediately preceding crop
years grew peas, lentils, fababeans, soybeans,
lupines or chickpeas for sale;
(
f) in clause (
s) by striking out "zone directors and the";
(
g) by repealing clauses (
t) and (u).
Section 8(
f) is amended by striking out "a general manager"
and substituting "an executive director".
4 The heading preceding
section 16 is amended by adding
"Eligible" before "Producers".
5 The following is added before
section 16:
Eligible producers
15.1 For the purposes of this Plan,
(
a) any producer who has paid a service charge under this Plan
in a crop year is an eligible producer for that crop year;
(
b) the Commission must maintain a list of eligible producers;
(
c) all producers who can be identified by the Commission as
having paid a service charge under this Plan during a crop
year are to be included on the list of eligible producers for
that crop year;
(
d) any producer who is not listed on the Commission's list of
eligible producers must be added to the list where the
producer can provide proof to the Commission that the
producer has paid a service charge under this Plan in the crop
year for which the application is made;
(
e) once a producer is listed with the Commission as an eligible
producer, the producer continues to be recognized as an
eligible producer from crop year to crop year, unless the
eligible producer ceases to pay a service charge under this
Plan in 2 consecutive crop years, in which case the producer
ceases to be an eligible producer;
(
f) where a producer ceases to be an eligible producer under
clause (e), the producer is entitled to again become an
eligible producer for any crop year in which the producer
pays a service charge under this Plan.
6 Sections 21 to 26 are repealed.
Section 27 is amended
(
a) by adding the following after subsection (1):
(1.1) At the annual zone meetings, the eligible producers in
the region are to be provided with
(
a) information with respect to the Commission, and
(
b) an opportunity to provide the Commission with
suggestions and recommendations.
(
b) in subsection (3) by striking out "zone board" and
substituting "Commission in co-operation with the pulse
producers in the zone";
(
c) in subsection (5) by striking out "zone board" and
substituting "Commission in co-operation with the pulse
producers in the zone".
Section 28 is amended in
(
a) in subsection (1) by striking out "A zone board" and
substituting "The Commission";
(
b) in subsections (2) and (4) by striking out "zone
board" and substituting "Commission".
Section 29(
a) is repealed.
Section 30(1)(
a) is repealed and the following is
substituted:
(a) 12 commissioners, made up of
(i) 2 commissioners from each zone who are to represent
the zone,
(ii) one commissioner who is elected at large at the annual
Commission meeting from among the non-bean grower
producers, and
(iii) one commissioner who is elected at large at the annual
Commission meeting from among the bean grower
producers,
Section 31 is amended
(
a) in subsection (1) by striking out "elected pursuant to
section 21";
(
b) in subsection (5.1) by striking out "zone" and
substituting "Commission";
(
c) by adding the following after subsection (6):
(7) Notwithstanding subsections (1), (2), (4) and (5), a
commissioner, with the approval of Council, may be elected
to serve an additional consecutive term in order to enable the
Commission to fulfill its commitments to a national or
industry group or association of which the Commission is a
member.
Section 32(
a) is amended by striking out "to be elected
pursuant to
section 21".
Section 33(3) is repealed.
Section 34(1) is amended by striking out "Subject to
section 24, if" and substituting "If".
Section 38(2) is amended by striking out "or in an election
for a zone director".
Section 42 is amended
(
a) in subsection (1) by striking out "or of the zone board,
as the case may be,";
(
b) in subsection (2) by striking out "or the zone board";
(
c) in subsection (5) by striking out "or the zone board, as
the case may be".
Section 43(3) is amended
(
i) by striking out "or the zone board, as the case may be,";
(ii) by striking out "section 26 or 34, as the case may be," and
substituting "section 34".
Section 44(5)(
b) is amended
(
i) by striking out "or the zone board, as the case may be,";
(ii) by striking out "section 26 or 34, as the case may be" and
substituting "section 34".
Section 45(1) is amended
(
i) by striking out "zone directors,";
(ii) by striking out "and presidents and vice-presidents of the
zones".
Section 46 is amended by striking out "June 30, 2009"
and substituting "June 30, 2014".
21 The following provisions are amended by striking out
"producer" and substituting "eligible producer" wherever it
occurs:
section 8(e);
section 18(8).
22 The following provisions are amended by striking out "a
producer" and substituting "an eligible producer" wherever it
occurs:
section 5(1)(c)(ii);
section 5(2);
section 9(g);
section 11(1)(a);
section 16;
section 17;
section 18(1), (3), (4) and (6);
section 38(1) and (2);
section 40(2);
section 44(1).
23 The following provisions are amended by striking out
"that producer" and substituting "that eligible producer" wherever
it occurs:
section 18(1);
section 40(2);
section 44(1).
24 The following provisions are amended by striking out
"the producer" and substituting "the eligible producer" wherever
it occurs:
section 9(g)(i);
section 10(b);
section 11(1)(a), (
d) and (e);
section 18(2), (3) and (6)(a).
25 The following provisions are amended by striking out
"A producer" and substituting "An eligible producer" wherever it
occurs:
section 18(2);
section 39;
section 40(1).
26 The following provisions are amended by striking out
"producers" and substituting "eligible producers" wherever it
occurs:
section 1(b), (c), (k), (
r) and (s);
section 6(b), (
g) and (h);
section 9(e)(i);
section 10(
a) and (c);
section 11(2);
section 16(f);
section 27(4);
section 28(1)(b)(
i) and (3);
section 29(b);
section 35(4);
section 36(1)(b)(
i) and (3);
section 37;
section 40(1) and (2);
section 41;
section 43(3).
27 The following provisions are amended by striking out
"producer's" and substituting "eligible producer's" wherever it
occurs:
section 11(1)(b)(ii)(
A) and (B).
28 The following provisions are amended by striking out
"member" and substituting "producer":
section 32.
29 The
Schedule is amended
(
a) in
section 4
(
i) by repealing clause (
f) and substituting the
following:
(
f) Mackenzie County;
(ii) by repealing clause (
m) and substituting the
following:
(
m) Clear Hills County;
(
b) in
section 5
(
i) by repealing clause (
e) and substituting the
following:
(
e) Camrose County;
(ii) by repealing clause (
f) and substituting the
following:
(
f) County of Vermilion River;
(iii) by repealing clause (
m) and substituting the
following:
(
m) Lac La Biche County;
--------------------------------
Alberta Regulation 183/2009
Persons with Developmental Disabilities Community Governance Act
DEVELOPMENTAL DISABILITIES REGULATION
Filed: June 25, 2009
For information only: Made by the Lieutenant Governor in Council (O.C. 333/2009)
on June 24, 2009 pursuant to
section 23 of the Persons with Developmental
Disabilities Community Governance Act.
Table of Contents
1 Definition
2 Developmental disability
3 Intellectual capacity
4 Adaptive skills
5 Expiry
6 Coming into force
Definition
1 In this Regulation, "Act" means the Persons with Developmental
Disabilities Community Governance Act.
Developmental disability
2 This Regulation describes a significant limitation in intellectual
capacity and a significant limitation in adaptive skills for the purpose
section 1(1)(c)(ii) of the Act.
Intellectual capacity
3(1) In the case of a service applied for on or after August 1, 2009, a
significant limitation in intellectual capacity is an intellectual capacity
that
(
a) on a full-scale score is 2 standard deviations or more below
the mean for a standardized intellectual assessment, or
(
b) is so diminished the individual is unable to complete a
standardized intellectual assessment
as determined in accordance with the Developmental Disabilities
Guidelines published by the Minister as amended from time to time.
(2) In the case of a service applied for prior to August 1, 2009, a
significant limitation in intellectual capacity is a below average
intellectual functioning compared to a peer without a disability that
significantly affects the ability to learn and perform daily living skills.
Adaptive skills
4(1) In the case of a service applied for on or after August 1, 2009, a
significant limitation in adaptive skills is the inability to perform 6 or
more adaptive skills
(
a) without the assistance of another person, and
(
b) at a level comparable to a peer without a disability
as determined in accordance with the Developmental Disabilities
Guidelines published by the Minister as amended from time to time.
(2) In the case of a service applied for prior to August 1, 2009, a
significant limitation in adaptive skills is a significant limitation in at
least 2 of the following adaptive skill areas: communication; home
living; community use; health and safety; leisure; self-care; social
skills; self-direction; functional academics; work.
Expiry
5 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be
repassed in its present or an amended form following a review, this
Regulation expires on July 31, 2018.
Coming into force
6 This Regulation comes into force on July 1, 2009.
Alberta Regulation 184/2009
Seniors Benefit Act
SENIORS BENEFIT ACT GENERAL AMENDMENT REGULATION
Filed: June 25, 2009
For information only: Made by the Lieutenant Governor in Council (O.C. 334/2009)
on June 24, 2009 pursuant to
section 6 of the Seniors Benefit Act.
1 The Seniors Benefit Act General Regulation (AR 213/94)
is amended by this Regulation.
Section 1(j.2) is amended in
(
a) clause (i)
(
i) in paragraph (
A) by adding "less the amount shown
on line 125" after "150";
(ii) in paragraph (
B) by adding "less the amount that
would have been used by the person on line 125 of an
income tax return";
(
b) in clause (iii)
(
i) in paragraph (
A) by adding "and 125" after "210";
(ii) in paragraph (
B) by adding "less the amount shown
on line 125" after "150".
Section 8.1 is repealed and the following is substituted:
Additional amount
8.1(1) An applicant is eligible for a discontinuous special needs
component of a benefit if
(
a) the applicant meets the requirements of
section 3(1)(a), (b),
(
d) and (e),
(
b) the applicant is not disqualified from receiving a benefit
under
section 3(3),
(
c) when the applicant is a single senior, the applicant's total
income is less than $24 000 after deducting the
supplementary accommodation assistance benefit paid to the
applicant in the previous year,
(
d) when the applicant is part of a senior couple, the senior
couple's total income is less than $39 000 after deducting the
supplementary accommodation assistance benefit paid to the
senior couple in the previous year, and
(
e) the applicant demonstrates serious financial problems that
affect the applicant's ability to meet personal
non-discretionary necessities of life.
4 The table of the
Schedule is repealed and the following
is substituted:
TABLE
CALCULATION OF THE CASH BENEFIT
Part 1
Accommodation and
Relationship Category
Percentage
Maximum Annual
Cash Benefit
Homeowner
Single senior
Senior couple
18.75%
18.78%
$3360
$5040
Renter
Single senior
Senior couple
18.75%
18.78%
$3360
$5040
Lodge Resident
Single senior
Senior couple
18.75%
18.78%
$3360
$5040
Long-term Care
Centre
Single senior
Senior couple
18.75%
18.78%
$3360
$5040
Designated Assisted
Living Unit
Single senior
Senior couple
18.75%
18.78%
$3360
$5040
All other
Accommodation
Single senior
Senior couple
13.06%
17.44%
$2340
$4680
Part 2
Accommodation
Assistance Only
(Seniors not eligible
for OAS)
Percentage of Benefit
(as calculated above)
Single senior
Senior couple
Homeowner
Renter
Lodge resident
Long-term care centre
resident
51.34%
51.34%
51.34%
51.34%
34.23%
34.23%
34.23%
34.23%
Designated Assisted
Living Unit
51.34%
34.23%
Part 3
Accommodation and
Relationship
Category
Percentage
Maximum
Annual
Supplementary
Accommodation
Assistance
Component
Long-term Care
Centre
49.89%
$8940
Designated Assisted
Living Unit
49.89%
$8940
(Note: The benefit calculations in this table apply with respect
to July 2009 and following months.)
5 This Regulation comes into force on July 1, 2009.
--------------------------------
Alberta Regulation 185/2009
Gas Utilities Act
GAS UTILITIES DESIGNATION AMENDMENT REGULATION
Filed: June 25, 2009
For information only: Made by the Lieutenant Governor in Council (O.C. 347/2009)
on June 24, 2009 pursuant to
section 26 of the Gas Utilities Act.
1 The Gas Utilities Designation Regulation (AR 257/2007)
is amended by this Regulation.
Section 1(
b) is repealed.
--------------------------------
Alberta Regulation 186/2009
Public Utilities Act
PUBLIC UTILITIES DESIGNATION AMENDMENT REGULATION
Filed: June 25, 2009
For information only: Made by the Lieutenant Governor in Council (O.C. 348/2009)
on June 24, 2009 pursuant to
section 101 of the Public Utilities Act.
1 The Public Utilities Designation Regulation
(AR 194/2006) is amended by this Regulation.
Section 1(2)(
y) is repealed.
--------------------------------
Alberta Regulation 187/2009
Public Health Act
EMERGENCY POWERS REGULATION
Filed: June 25, 2009
For information only: Made by the Lieutenant Governor in Council (O.C. 351/2009)
on June 24, 2009 pursuant to
section 52.9 of the Public Health Act.
Definitions
1 In this Regulation,
(a) "Act" means the Public Health Act;
(b) "affected person" means a person
(
i) who is required to do something, or
(ii) whose personal or real property is acquired, used or
entered as a result of the exercise of an emergency
power;
(c) "emergency power" means a power authorized under
section
52.6(1) of the Act.
Exercise of powers
2 In exercising an emergency power, the Minister or regional health
authority is subject to this Regulation.
Exercise of emergency power
3(1) If an emergency power is exercised, the person exercising the
emergency power shall provide or make available the following
information in accordance with subsection (2):
(
a) the nature of the public emergency;
(
b) the nature of the emergency power being exercised;
(
c) the person or class of persons to whom it is directed;
(
d) the time period during which it is in effect;
(
e) the issuer's contact information;
(
f) if applicable, that compensation may be available under
section 52.7 of the Act;
(
g) any other matter required by the Minister.
(2) The information shall be provided or made available, subject to
any directions of the Minister, in the manner the person exercising the
emergency power considers will likely make the information known to
an affected person or, in the case of a class of affected persons, the
majority of affected persons.
(3) If reasonably practicable, the information shall be provided at the
time of the exercise of the emergency power and in writing.
Expiry
4 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be
repassed in its present or an amended form following a review, this
Regulation expires on April 1, 2019.
Alberta Regulation 188/2009
Public Health Act
WAIVER AMENDMENT REGULATION
Filed: June 25, 2009
For information only: Made by the Lieutenant Governor in Council (O.C. 352/2009)
on June 24, 2009 pursuant to
section 66 of the Public Health Act.
1 The Waiver Regulation (AR 298/2003) is amended by this
Regulation.
Section 1(1) is amended
(
a) by striking out clause (
a) and substituting the
following:
(
a) the Food Regulation (AR 31/2006);
(
b) by striking out clause (
f) and substituting the
following:
(
f) the Recreation Area Regulation (AR 198/2004);
(
c) in clause (
g) by adding "(AR 293/2006)" after "the
Swimming Pool, Wading Pool and Water Spray Park
Regulation".
Section 6 is amended by adding "or a committee established
under
section 9" after "regional health authority".
Section 8 is repealed.
Section 9 is amended by striking out "subcommittees" and
substituting "committees".
Alberta Regulation 189/2009
Forests Act
Mines and Minerals Act
Public Lands Act
METALLIC AND INDUSTRIAL MINERALS EXPLORATION
AMENDMENT REGULATION
Filed: June 25, 2009
For information only: Made by the Lieutenant Governor in Council (O.C. 354/2009)
on June 24, 2009 pursuant to
section 4 of the Forests Act,
section 5 of the Mines and
Minerals Act and
section 9 of the Public Lands Act.
1 The Metallic and Industrial Minerals Exploration
Regulation (AR 213/98) is amended by this Regulation.
Section 46 is amended by striking out "June 30, 2009" and
substituting "June 30, 2011".
--------------------------------
Alberta Regulation 190/2009
Court of Appeal Act
Court of Queen's Bench Act
Civil Enforcement Act
ALBERTA RULES OF COURT AMENDMENT REGULATION
Filed: June 25, 2009
For information only: Made by the Lieutenant Governor in Council (O.C. 357/2009)
on June 24, 2009 pursuant to
section 16 of the Court of Appeal Act,
section 20 of the
Court of Queen's Bench Act and
section 107 of the Civil Enforcement Act.
1 The Alberta Rules of Court (AR 390/68) are amended by
this Regulation.
2 Rule 530.2(1) is repealed and the following is
substituted:
Transcripts of oral evidence
530.2(1) Subject to Rule 530.6, the transcripts of oral evidence on
the appeal record must conform to the requirements of
Schedule E,
Number 8.
3 Rule 530.4 is amended
(
a) in subrule (1) by striking out clause (d);
(
b) by adding the following after subrule (1):
(1.1) In addition to the requirements of subrule (1), any portion
of Parts I and II of the appeal record produced in paper form
must contain
(
a) a front cover and title page clearly setting out the
information in Form R of
Schedule A, and
(
b) a comprehensive table of contents of all of Parts I, II
and III at the beginning of each volume,
bound along the left margin so that the printed pages are to the
right.
(
c) by adding the following after subrule (2):
(3) Notwithstanding Rule 530.4(1)(b), the transcripts of oral
evidence included in
Part III of the appeal record must be printed
or reproduced as double sided pages on good quality, white, 8
1/2 by 11 inch paper.
4 Rule 530.6(2)(
b) is amended by striking out "Rule 530.2"
and substituting "the requirements of
Schedule E, Number 8".
Schedule A is amended in Form R by striking out
Appeal Number:
Q.B. Number:
and substituting
Appeal Number:
Trial Court Number:
E-File Number:
Schedule E is amended in Number 8
(
a) under the heading "Regulations"
(
i) in item 2 by striking out "27" and substituting
"41";
(ii) by repealing item 3 and substituting the
following:
3 The font used shall be Times New Roman, 13 point,
or the equivalent.
(iii) by repealing item 4 and substituting the
following:
4 With the exception of the last line of a paragraph,
each line of a paragraph shall be fully justified from
the left margin or from the applicable indent to the
right margin.
(iv) by repealing item 5 and substituting the
following
5 For each new speaker, the first line shall commence at
the left margin with the identification of the name or
description of the speaker, with the transcribed matter
commencing on the same line 3.25 inches from the
left margin. Subsequent lines for that speaker shall be
indented 0.25 inches from the left margin.
5.1 When evidence is in the form of a question and an
answer,
(
a) the first line of each question and each
answer shall commence 0.25 inches from the
left margin, with transcribed matter
commencing on the same line 0.5 inches from
the left margin, and with subsequent lines for
that question or answer indented 0.5 inches
from the left margin;
(
b) the question must commence on a separate
line and be preceded on that line by the letter
(
c) the answer must commence on a separate line
following the line on which the question
concludes and be preceded on the line on
which the answer commences by the letter A;
(
d) each new question and answer must be
grouped and followed by one blank line.
(
v) in item 7
(
A) by striking out "and no others may" and
substituting "shall";
(
B) by adding the following after clause (a):
(a.1) Following each answer provided by a
witness, one blank line.
(a.2) Following each speaker, other than for
question and answer, one blank line.
(a.3) Following each paragraph within transcribed
matter, one blank line.
(
C) in clauses (b), (
c) and (
d) by striking out "2
blank lines" and substituting "one blank line";
(
D) by repealing clause (e).
(vi) by adding the following after item 7:
8 Subject to items 9 and 10, the margins on each page
shall be as follows:
(
a) Top and bottom: 1 inch.
(
b) Left: 0.75 inches.
(
c) Right: 1 inch.
9 Each line shall be numbered consecutively with the
line number placed 0.15 inches to the left of the left
margin.
10 Each page shall be numbered consecutively with the
page number placed 0.5 inches from the top edge of
each page, centred between the left and right margins.
(
b) under the heading "Tariff of Fees Payable for Court
Reporting Services"
(
i) by repealing item 2 and the heading
"Transcripts" and substituting the following:
Transcripts
2 For transcripts of court proceedings:
(
a) for each transcript produced
within 30 calendar days, per
character $0.0040
(
b) for each transcript produced
within 10 business days, per
character 0.0052
(
c) for each transcript produced
within 5 business days, per
character 0.0062
(
d) for each transcript produced
within 2 business days, per
character 0.0072
Real-time reporting services
2.1 For real-time court reporting
services, in addition to the tariff set
out in item 2(d), per character 0.0010
(ii) in item 3
(
A) by repealing clause (
a) and substituting
the following:
(
a) for title pages, tables of contents
and certificates for appeal record,
per page $3.70
(
B) in clause (
b) by striking out "exhibits" and
substituting "final documents";
(
C) by repealing clauses (c), (
d) and (e);
(iii) by repealing item 4 and the heading "Oral
Judgments" and substituting the following:
Copies of transcript or appeal record
4 For each additional copy of the transcript of court proceedings or
any part of the appeal record
(
a) ordered at the same time as the original
transcript or appeal record,
per page $0.40
(
b) ordered following delivery of the original
transcript or appeal record,
per page 1.00
Parties may purchase the original transcript or appeal record and
reproduce additional copies at their own expense.
4.1 For an electronic copy of the transcript of court proceedings or any
part of the appeal record
(
a) ordered at the same time as the original
transcript or appeal record,
per page no charge
(
b) ordered following delivery of the original
transcript or appeal record,
per page $0.40
(iv) in item 5 by striking out "notes of evidence" and
substituting "court proceedings".
7 This Regulation comes into force on July 6, 2009.
--------------------------------
Alberta Regulation 191/2009
Fatality Inquiries Act
FATALITY INQUIRIES AMENDMENT REGULATION
Filed: June 25, 2009
For information only: Made by the Lieutenant Governor in Council (O.C. 358/2009)
on June 24, 2009 pursuant to
section 55 of the Fatality Inquiries Act.
1 The Fatality Inquiries Regulation (AR 65/2000) is
amended by this Regulation.
2 The
Schedule is amended
(
a) by repealing
section 1(1)(
a) and substituting the
following:
1(1) The fees payable to a medical examiner are as follows:
(
a) for viewing each body
(
i) not at the scene of death, or
(ii) where the scene of death is a hospital, at
the hospital
and preparing a report
$167;
(
b) for viewing each body at the scene of death
other than at a hospital and preparing a report
$230;
(
c) for performing an examination on a body and
preparing a report
$115;
(
d) for completion of a certificate in accordance
with
section 15 of the Act
$70;
(
e) for completion of a certificate in accordance
with
section 15 of the Act if the body is
inspected by the medical examiner
$80;
(
f) for recording information in accordance with
section 19(6) of the Act
$75.
(
b) by repealing
section 2 and substituting the
following:
2 The fee payable to a pathologist for a complete autopsy
including the taking of fluids or tissue for toxicological
examination and microscopic examination and report is $640.
(
c) by repealing
section 3(1) and substituting the
following:
3(1) The fee payable to a person who transports a body is up to
$300 per vehicle for the first 20 kilometres and up to $1.13 a
kilometre thereafter for transportation and attendant services.
(
d) by repealing
section 4 and substituting the
following:
4(1) The following fees are payable for the use of morgue facilities:
(
a) for use of a morgue, including refrigeration for
the purposes of an autopsy, not more than
$78;
(
b) for use of a morgue for the purposes of an
examination by a medical examiner or identification
of a body, not more than
$70;
(
c) for storage of a body for any period in excess
of 24 hours in a morgue refrigerator where
no other fees are payable, not more than
$26.
(2) In addition to the fees payable under subsection (1), a sum of not
more than $26 may be paid for the use of morgue facilities in respect
of a body that contains putrid soft tissue.
(
e) by repealing
section 6(2) and substituting the
following:
(2) Notwithstanding subsection (1), the fee for a full X-ray
examination of an infant who is 4 years of age or less, including
interpretation, is $70.
3 This Regulation applies to fees payable on or after April
1, 2009.
--------------------------------
Alberta Regulation 192/2009
Recording of Evidence Act
TRANSCRIPT FEES REGULATION
Filed: June 25, 2009
For information only: Made by the Lieutenant Governor in Council (O.C. 364/2009)
on June 24, 2009 pursuant to
section 9 of the Recording of Evidence Act.
Transcript fees
1(1) The fee to be charged for the transcript and for copies of the
transcript of a court proceeding shall be as set out in the Alberta Rules
of Court (AR 390/68),
Schedule E, Tariff of Fees Payable for Court
Reporting Services.
(2) All fees charged for the transcripts shall be paid to the Minister of
Justice and Attorney General, in favour of the Minister of Finance and
Enterprise.
Repeal
2 The Mechanical Recording of Evidence Act Regulation
(AR 398/78) is repealed.
Coming into force
3 This Regulation comes into force on the coming into force of
section 3(5) and (6) of the Justice Statutes Amendment Act, 2006.
Alberta Regulation 193/2009
Environmental Protection and Enhancement Act
DESIGNATED MATERIAL RECYCLING AND MANAGEMENT
AMENDMENT REGULATION
Filed: June 25, 2009
For information only: Made by the Lieutenant Governor in Council (O.C. 365/2009)
on June 24, 2009 pursuant to
section 175 of the Environmental Protection and
Enhancement Act.
1 The Designated Material Recycling and Management
Regulation (AR 93/2004) is amended by this Regulation.
2 The following is added after
section 6:
Advances
6.1(1) In this section, "industry operated recycling fund" means an
industry operated recycling fund that the Association is charged with
administering under the regulations.
(2) Notwithstanding
section 6(1), the Association may, subject to its
bylaws, make advances of money from one industry operated
recycling fund to another industry operated recycling fund.
(3) Before making an advance under subsection (2), the Association
shall provide the Minister with a written notice of the advance
setting out the amount of the advance, the time for repayment, and
any other terms or conditions on which the advance is to be made or
that are applicable to its repayment.
(4) An advance made under subsection (2) must be repaid to the
fund from which it was made.
(5) Any interest earned on money advanced under this
section is
deemed to form part of the advance to be repaid under subsection
(4).
Section 12 is amended by adding the following after
clause (d):
(d.1) respecting advances referred to in
section 6.1 and the terms
and conditions on which advances may be made, including
Alberta Regulation 194/2009
Environmental Protection and Enhancement Act
PAINT AND PAINT CONTAINER DESIGNATION
AMENDMENT REGULATION
Filed: June 25, 2009
For information only: Made by the Lieutenant Governor in Council (O.C. 366/2009)
on June 24, 2009 pursuant to
section 175 of the Environmental Protection and
Enhancement Act.
1 The Paint and Paint Container Designation Regulation
(AR 200/2007) is amended by this Regulation.
Section 3(
a) is amended
(
a) in subclause (iii) by striking out "$0.50" and
substituting "$0.75";
(
b) in subclause (iv) by striking out "$1.00" and
substituting "$2.00".
--------------------------------
Alberta Regulation 195/2009
Wildlife Act
WILDLIFE (RECREATIONAL ACCESS MANAGEMENT PROGRAM)
AMENDMENT REGULATION
Filed: June 30, 2009
For information only: Made by the Lieutenant Governor in Council (O.C. 355/2009)
on June 24, 2009 pursuant to
section 104 of the Wildlife Act and sections 1(
b) and 2
of the Wildlife Regulation (AR 143/97) and the Minister of Sustainable Resource
Development (M.O. 21/2009) on June 28, 2009 pursuant to
section 103 of the
Wildlife Act and sections 1(
b) and 2 of the Wildlife Regulation (AR 143/97).
1 The Wildlife Regulation (AR 143/97) is amended by this
Regulation.
2 The following is added before
section 118:
Compliance with s49, Act, exemptions
117.1(1)
Definitions in
section 13.08(1) of
Schedule 1 apply in this
section.
(2) A person who is allowed access to privately owned land and to
access management plan shall not access that land or so hunt or
undertake any activity directly or indirectly related to hunting on that
land
(
a) except in full compliance with the applicable terms and
conditions of that filed program and access management
plan, and
(
b) unless that person has carefully reviewed all of those terms
and conditions that are substantive and relevant to any of
those proposed activities.
(3) A program host who is a party to an extant access management
filed program and the filed access management plan.
person referred to in subsection (2) that the person does not
contravene subsection (2).
Schedule 1 is amended by adding the following after
section 13:
Disposition of access to land under Recreational Access Management
Program - s49
13.08(1) In this section,
(a) "access management plan" means a contract entered into or
to be entered into under subsection (4);
(b) "filed" means
(
i) on file with, and made available for inspection by the
public by, the Wildlife Management Branch of the
Service, and
(ii) in the case of the program or any of its terms or
requirements (but excluding access management plans),
published on the Service's website;
(c) "owner" means a person who holds privately owned land;
(d) "program" means the program, if any, referred to in
subsection (2);
(e) "program host" means an owner or any other person acting
on behalf of an owner who, but for this section, would be in
contravention of
section 49 of the Act if that person
performed any activity referred to in that section.
(2) The Minister may establish and maintain a program to be called
the "Recreational Access Management Program" relating at least in
part to the potential for exemption from
section 49 of the Act and, if
the Minister does so, shall ensure that the current terms and
requirements referred to in subsection (3)(
a) and (b), including any
amendments made to them, are and remain filed.
(3) The Minister shall ensure that the program includes at least
(
a) the substantive terms of the program, including
(
i) conditions applicable to the exemption referred to in
subsection (5), and
(ii) restrictions and prohibitions applicable to persons
allowed to access the land and to hunt under the
program and the applicable access management plans,
and
(
b) all filed access management plans.
(4) The Minister may, under the terms of the program, enter into a
contract with a program host allowing that program host to perform
any activities that would otherwise be prohibited by
section 49 of the
Act and shall ensure that all such contracts, including any
amendments made to such contracts, are and remain filed.
(5) Parties to extant access management plans are exempt from the
application of
section 49 of the Act to the extent that they are acting
in accordance with the filed program and the filed access
management plans applicable to them.
access management plans are to be treated as incorporated by
reference in this section.