Alberta Gazette — documents gazette 2011 pdf 17 Sept15 Part2.pdf

documents gazette 2011 pdf 17 Sept15 Part2.pdf

Alberta — Gazette

Alberta Regulation 171/2011

Apprenticeship and Industry Training Act

AUTOMOTIVE SERVICE TECHNICIAN TRADE

AMENDMENT REGULATION

Filed: August 19, 2011

For information only: Made by the Alberta Apprenticeship and Industry Training

Board on June 17, 2011 and approved by the Minister of Advanced Education and

Technology on July 26, 2011 pursuant to

section 33(2) of the Apprenticeship and

Industry Training Act.

1 The Automotive Service Technician Trade Regulation

(AR 262/2000) is amended by this Regulation.

Section 1, the heading preceding

section 2 and sections

2 and 3 are repealed and the following is substituted:

Definitions

1 In this Regulation,

(a) "apprentice" means a person who is an apprentice in the

trade;

(b) "certified journeyperson" means a certified journeyperson as

defined in the Apprenticeship Program Regulation

(AR 258/2000);

(c) "motor vehicle" means a vehicle that

(

i) is propelled by any power other than muscular power,

(ii) is equipped with 2 or 3 axles,

(iii) is not equipped with air brakes,

(iv) may be registered to operate on a public highway, and

(

v) contains one or more of the vehicle systems listed in

clause (g),

but does not include a motorcycle as defined in the

Motorcycle Mechanic Trade Regulation (AR 291/2000);

(d) "technical training" means technical training as defined in the

Apprenticeship Program Regulation (AR 258/2000);

(e) "trade" means the occupation of automotive service

technician that is designated as a compulsory certification

trade pursuant to the Apprenticeship and Industry Training

Act;

(f) "vehicle maintenance services" includes

(

i) fluid and filter changes on any motor vehicle;

(ii) tire and wheel service;

(iii) replacement of engine accessory drive belts;

(iv) battery testing, service or replacement;

(

v) exhaust system service or replacement;

(vi) installation and service of aftermarket electrical and

electronic accessories;

(g) "vehicle systems" includes

(

i) vehicle propulsion systems;

(ii) fuel systems;

(iii) emission control systems;

(iv) braking systems;

(

v) steering systems;

(vi) suspension systems;

(vii) drive train systems;

(viii) vehicle management systems;

(ix) electrical systems;

(

x) heating, ventilating and air conditioning systems;

(xi) occupant restraint systems.

General Matters Respecting the Trade

Constitution of the trade

2(1) The undertakings that constitute the trade are the diagnosis of

problems with and the repair of motor vehicles, including all vehicle

systems and related components.

(2) This Regulation is not intended to prevent persons not certified

as journeypersons or registered as apprentices from performing

vehicle maintenance services.

Tasks, activities and functions

3 When practising or otherwise carrying out work in the trade, the

following tasks, activities and functions come within the trade:

(

a) inspecting, testing, analyzing, diagnosing problems with and

repairing motor vehicles, including vehicle systems as

defined in

section 1(

g) and utility trailers;

(

b) heating and cutting with oxyacetylene equipment;

(

c) operating and maintaining shop equipment and tools of the

trade.

Section 9 is amended by striking out "August 31, 2013"

and substituting "August 31, 2019".

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

Alberta Regulation 172/2011

Apprenticeship and Industry Training Act

DESIGNATION OF OCCUPATIONS AMENDMENT REGULATION

Filed: August 19, 2011

For information only: Made by the Minister of Advanced Education and Technology

on March 17, 2011 pursuant to

section 36(1) of the Apprenticeship and Industry

Training Act.

1 The Designation of Occupations Regulation

(AR 285/2006) is amended by this Regulation.

Section 1 is amended by adding the following after

clause (c):

(c.1) residential construction site manager;

3 This Regulation comes into force on September 30,

Alberta Regulation 173/2011

Apprenticeship and Industry Training Act

RESIDENTIAL CONSTRUCTION SITE MANAGER

OCCUPATION REGULATION

Filed: August 19, 2011

For information only: Made by the Alberta Apprenticeship and Industry Training

Board on June 17, 2011 and approved by the Minister of Advanced Education and

Technology on July 26, 2011 pursuant to

section 37(2) of the Apprenticeship and

Industry Training Act.

Table of Contents

1 Definition

2 Constitution of the occupation

3 Tasks, activities and functions

4 Expiry

5 Coming into force

Definition

1 In this Regulation, "occupation" means the occupation of

residential construction site manager that is designated as a designated

occupation pursuant to the Apprenticeship and Industry Training Act.

Constitution of the occupation

2 The undertaking that constitutes the occupation is the management

of a residential construction site at which one or more new single- or

multi-family homes that are not higher than four stories are being

constructed.

Tasks, activities and functions

3 When practising or otherwise carrying out work in the occupation,

the following tasks, activities and functions come within the

occupation:

(

a) planning, organizing, directing, controlling and evaluating

activities at a residential construction site;

(

b) selecting, engaging the services of and supervising

subcontractors;

(

c) consulting with home buyers, architects, engineers, building

inspectors and municipal authorities about plans,

specifications and permits;

(

d) planning and preparing work schedules and co-ordinating the

activities of subcontractors;

(

e) inspecting work performed by subcontractors to ensure

quality and conformity with plans and specifications;

(

f) representing the prime contractor for a residential

construction site under the Occupational Health and Safety

Act.

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 March 31, 2016.

Coming into force

5 This Regulation comes into force on September 30, 2011.

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

Alberta Regulation 174/2011

Apprenticeship and Industry Training Act

SNUBBING SERVICES OCCUPATION AMENDMENT REGULATION

Filed: August 19, 2011

For information only: Made by the Alberta Apprenticeship and Industry Training

Board on June 17, 2011 and approved by the Minister of Advanced Education and

Technology on July 26, 2011 pursuant to

section 37(2) of the Apprenticeship and

Industry Training Act.

1 The Snubbing Services Occupation Regulation

(AR 286/2006) is amended by this Regulation.

Section 4 is amended by striking out "March 31, 2012" and

substituting "March 31, 2020".

Alberta Regulation 175/2011

Municipal Government Act

TWIN VALLEY REGIONAL WATER SERVICES

COMMISSION REGULATION

Filed: August 25, 2011

For information only: Made by the Lieutenant Governor in Council (O.C. 366/2011)

on August 25, 2011 pursuant to

section 602.02 of the Municipal Government Act.

Table of Contents

1 Definition

2 Establishment

3 Member municipalities

4 Services

5 Operating deficits

6 Sale of property

7 Profit and surpluses

8 Approval

9 Transfer of assets

10 Assumption of debts, etc.

Schedule

Definition

1 In this Regulation, "member municipality" means a municipality

referred to in

section 3.

Establishment

2 A regional services commission known as the Twin Valley

Regional Water Services Commission is established.

Member municipalities

3 The following municipalities are members of the Commission:

(

a) Vulcan County;

(

b) Town of Vulcan;

(

c) Village of Champion;

(

d) Village of Carmangay.

Services

4 The Commission is authorized to provide water treatment and

transmission services.

Operating deficits

5 The Commission may not assume operating deficits that are shown

on the books of any of the member municipalities.

Sale of property

6(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 will 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

7 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

8 The Minister may make an approval under

section 6 or 7 subject to

any terms or conditions the Minister considers appropriate.

Transfer of assets

9 The member municipalities shall execute all documents and do all

things necessary to transfer to the Commission the land, buildings and

other property listed in the Schedule.

Assumption of debts, etc.

10 All debts and liabilities, all titles, easements and rights of way and

crossing and all service, construction and consulting agreements

incurred, held or entered into by any of the member municipalities

with respect to the applicable land, buildings and other property listed

in the

Schedule are assumed by the Commission, and the Commission

shall enter into any agreements, execute any documents and do any

other things that are necessary to assume those debts, liabilities, titles,

easements, rights of way and crossing and agreements.

Schedule

1 Town of Vulcan Raw Water Reservoir and the land legally

described as follows:

Plan 2284JK

Reservoir site

Containing 36.09 Acres more or less

Excepting Thereout All Mines and Minerals and the Right to Work

the Same

2 Waterline between the Town of Vulcan and the Village of

Carmangay.

3 Town of Vulcan Treated Water Reservoir, Water Treatment Plant

and the land legally described as follows:

Plan 7510541

Block 1

Lot 1

Excepting Thereout All Mines and Minerals

4 Water Services Agreement between Alberta Environment and the

Town of Vulcan made as of January 27, 2003, and any property

acquired by the Town of Vulcan by or under that Agreement.

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

Alberta Regulation 176/2011

Municipal Government Act

PROCEEDINGS BEFORE THE BOARD CLARIFICATION REGULATION

Filed: August 25, 2011

For information only: Made by the Lieutenant Governor in Council (O.C. 367/2011)

on August 25, 2011 pursuant to

section 603 of the Municipal Government Act.

Table of Contents

1 Definition

2 Application

3 Nature of hearing

4 Repeal

5 Coming into force

Definition

1 In this Regulation, "Act" means the Municipal Government Act.

Application

2 This Regulation applies to complaints and appeals with respect to

the 2009 and previous taxation years.

Nature of hearing

3(1) A hearing before the Municipal Government Board under

Part 12

of the Act is a hearing de novo.

(2) Despite subsection (1), when hearing an appeal from the decision

of an assessment review board or other person under

Part 12 of the

Act, the Municipal Government Board may also consider, but is not

bound by, any matter on the record, including the decision of the

assessment review board or other person, as the case may be.

Repeal

4 This Regulation is made under

section 603(1) of the Act and is

repealed in accordance with

section 603(2) of the Act.

Coming into force

5 This Regulation comes into force on January 1, 2012.

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

Alberta Regulation 177/2011

Marketing of Agricultural Products Act

BISON PRODUCERS OF ALBERTA PLAN AMENDMENT REGULATION

Filed: August 25, 2011

For information only: Made by the Lieutenant Governor in Council (O.C. 368/2011)

on August 25, 2011 pursuant to

section 23 of the Marketing of Agricultural Products

Act.

1 The Bison Producers of Alberta Plan Regulation

(AR 167/2000) is amended by this Regulation.

Section 1 is amended

(

a) by repealing clause (

c) and substituting the

following:

(c) "bison" includes all male and female bison;

(

b) by repealing clause (j.1) and substituting the

following:

(j.1) "processor" means

(

i) a person who receives bison for slaughter or

otherwise receives and processes bison and bison

products, including processing by a processor on a

fee for services basis for bison that are owned by a

person other than the processor, and

(ii) federally inspected and provincially inspected

slaughter facilities and abattoirs;

Section 9(

c) is repealed and the following is substituted:

(

c) respecting the circumstances, if any, under which a service

charge may be refunded to a producer;

Section 10 is repealed and the following is substituted:

Financing of plan

10 In accordance with the regulations, this Plan is to be financed by

the service charges and any other money payable to or received by

the Commission.

Section 11 is repealed.

Section 12 is repealed and the following is substituted:

Service charge refundable

12(1) In accordance with the regulations, the service charge is

refundable on the request of a producer.

(2) With respect to any particular year,

(

a) if the eligible producers requesting a refund of the service

charges comprise more than 35% of the existing eligible

producers, and

(

b) those eligible producers requesting a refund of service

charges account for at least 35% of the service charges

collected during that particular year,

the continued operation of this Plan is subject to approval by a

majority of producers as determined by a plebiscite to be held under

the direction of the Council pursuant to the Act.

(3) The Commission must, within 90 days following the end of a

year, report to the Council the refunds made under this

section for

that year.

Section 15 is repealed.

Section 17 is amended

(

a) in clause (

a) by striking out "annual region meetings"

and substituting "region meetings";

(

b) by repealing clause (

d) and substituting the

following:

(

d) to vote in any election for directors of the region at any

meeting of eligible producers at which an election is

held;

Section 19 is amended

(

a) by repealing subsection (6) and substituting the

following:

(6) An individual who is the representative of an eligible

producer shall not cast a vote under this Plan unless the

individual presents a document that is signed by the eligible

producer indicating the name of the person who may vote for

the eligible producer.

(

b) by repealing subsection (7).

Section 21.1 is repealed and the following is

substituted:

Region meeting

21.1(1) Each year the Commission must organize and finance one

region meeting in each region.

(2) When the annual Commission meeting is held in a particular

region, that annual Commission meeting is deemed to be the region

meeting for that region in that same year.

Section 23(

a) is amended by striking out "20" and

substituting "15".

Section 26(2) is amended by striking out "2" and

substituting "3".

Section 31 is amended

(

a) in subsection (1) by striking out "annual region

meetings" and substituting "annual Commission

meetings";

(

b) in subsection (4)

(

i) in clause (

a) by striking out "annual region

meeting" and substituting "annual Commission

meeting";

(ii) in clause (b)

(

A) by striking out "annual region meeting" and

substituting "annual Commission meeting";

(

B) in subclause (

i) by striking out "who produce

the regulated product in the region for which the

election is to take place".

Section 32 is repealed.

Section 33 is repealed.

Section 34(2) is amended by striking out "and the position

of adjunct director".

Section 35 is amended

(

a) in subsection (2) by striking out "an annual region

meeting" and substituting "a region meeting";

(

b) by repealing subsection (2.1) and substituting the

following:

(2.1) An eligible producer is eligible to vote in the election for

a director if the eligible producer is present at the annual

Commission meeting at which the election is held.

Section 35.1 is amended

(

a) in subsection (1)

(

i) in clause (

a) by striking out "for a director";

(ii) in clause (

b) by striking out "for a director";

(iii) by striking out "election" and substituting "region

meeting";

(

b) in subsection (2)

(

i) in clause (

a) by striking out "in any election or

other" and substituting "on any";

(ii) in clause (

b) by striking out "to nominate persons

to hold office and to hold office as a director for the

adjacent region" and substituting "to vote on any

matter";

(

c) in subsection (4) by striking out ", in any election,".

Section 40 is repealed.

Section 41 is repealed and the following is substituted:

Review

41 In compliance with the ongoing regulatory review initiative, this

Regulation must be reviewed on or before September 30, 2016.

21 The

Schedule is amended

(

a) in

section 2

(

i) by repealing clause (

a) and substituting the

following:

(

a) Camrose County;

(ii) by repealing clause (

n) and substituting the

following:

(

n) Lac La Biche County;

(iii) by repealing clause (

v) and substituting the

following:

(

v) Athabasca County;

(iv) by repealing clause (aa) and substituting the

following:

(aa) Improvement District No. 12 (Jasper National

Park);

(aa.1) Municipality of Jasper;

(

b) in

section 3

(

i) by repealing clause (

e) and substituting the

following:

(

e) Clear Hills County;

(ii) by repealing clause (

f) and substituting the

following:

(

f) County of Northern Lights;

(iii) by repealing clause (

g) and substituting the

following:

(

g) Mackenzie County;

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

Alberta Regulation 178/2011

Adult Guardianship and Trusteeship Act

ADULT GUARDIANSHIP AND TRUSTEESHIP

AMENDMENT REGULATION

Filed: August 25, 2011

For information only: Made by the Lieutenant Governor in Council (O.C. 369/2011)

on August 25, 2011 pursuant to

section 116 of the Adult Guardianship and

Trusteeship Act.

1 The Adult Guardianship and Trusteeship Regulation

(AR 219/2009) is amended by this Regulation.

Section 1(2)(

e) is amended by striking out "(beginning on

the day that a specific decision maker consents to the admission)" and

substituting "beginning on the day that a specific decision maker

consents to the admission".

Section 47(4)(d)(ii)(

B) is amended by striking out "and to

the review officer" and substituting "to the review officer".

Section 63(2)(

d) is amended by adding ", prepared by the

review officer solely on the basis of the information set out in the

application submitted to the review officer under

section 62(1)" after

"in Form 21".

Section 79(1)(

b) is amended by striking out "interested

person" and substituting "other person".

Section 82(2)(

c) is amended by adding "supporter," after

"each".

Section 83 is amended

(

a) in subsection (2) by striking out "Subject to subsection

(3)," and substituting "Unless the application is made ex

parte or the Court makes an order dispensing with service on

the person,";

(

b) by repealing subsection (3).

Section 101(2) is amended by striking out "or" at the end

of clause (

c) and by adding the following after clause (d):

(

e) dispense with the filing of any document that is required to

be filed by this Regulation, or

(

f) require or permit the filing of any document in addition to or

in substitution for any document or documents required to be

filed by this Regulation.

Schedule 2 is amended

(

a) in Form 3 by striking out item 7 and substituting the

following:

7 The following documents have been submitted in support of this application:

Application form

Consent to act

Affidavit of applicant

Capacity assessment report

Consent of proposed assisted

adult

To make enquiries about the application, you may contact the review officer by

telephone at

The review officer's file number is

Phone Number

File Number

(

b) in Form 4 in item 6 by striking out "Guardianship plan"

and substituting "Consent of proposed assisted adult";

(

c) in Form 5

(

i) by striking out the following:

I consent to the following order: (signature of adult)

Considered by the Honourable Justice

ORDER

and substituting the following:

APPLICANT'S ADDRESS

FOR SERVICE AND

CONTACT INFORMATION:____________________________

Date on which Order was granted:

Location at which Order was granted:

Name of judge who granted this Order: The Honourable Justice

(ii) in that portion following "The Court:" and

occurring before "And the Court Orders:" by

striking out the following:

? the adult is 18 years of age or older;

? the adult will attain the age of 18 within 12 months of the date of the

application;

and substituting the following:

? the adult [choose one]

? is 18 years of age or older;

? will attain the age of 18 within 12 months of the date of the application;

(iii) in paragraph 1.8 by striking out "(no fixed review

date)" and substituting "(no fixed date)";

(iv) in paragraph 2.1 by adding "[choose one]" after

"Legal fees for this application";

(

v) by adding the following after paragraph 3.2:

[Include if application is made in respect of a person who has not attained the age of

majority as provided for by

section 11(1) of the Act]

3.3 In accordance with

section 11(2)(

b) of the Act, this order does not take effect

until the person in respect of whom it is made attains the age of majority.

(vi) by striking out all of that portion after the

following:

Justice of the Court of Queen's Bench of Alberta

and substituting the following:

CONSENTED TO BY:

________________________ ______________________________

Signature of adult Signature of witness

________________________ ______________________________

Date signed Print full name of witness

(

d) in Form 6

(

i) in item 6.1 by adding the following after

"? Affidavit of applicant":

Consent of proposed assisted adult

(ii) in item 8.2 by adding "authority," before

"direction" wherever it occurs;

(

e) in Form 9 in item 6 by striking out "Guardianship plan"

and substituting "Consent of proposed assisted adult";

(

f) in Form 10

(

i) by striking out the following:

Considered by the Honourable Justice

ORDER

and substituting the following:

APPLICANT'S ADDRESS

FOR SERVICE AND

CONTACT INFORMATION:__________________________

Date on which Order was granted:

Location at which Order was granted:

Name of judge who granted this Order: The Honourable Justice

(ii) in that portion following "The Court:" and

occurring before "And the Court Orders:" by

striking out the following:

? the adult is 18 years of age or over;

? the adult will attain the age of 18 within 12 months of the date of this

application:

(iii) in paragraph 2.7 by striking out "(no fixed review

date)" and substituting "(no fixed date)";

(iv) in paragraph 3.1 by adding "[choose one]" after

"Legal fees for this application";

(

v) by adding the following after paragraph 4.2:

[Include only if application is for review of a co-decision-making order that has not

taken effect because the assisted person has not attained the age of majority, and the

co-decision-making order is continued, amended or replaced]

4.3 In accordance with

section 11(2)(

b) of the Act, this order does not take effect

until the person in respect of whom this order is made attains the age of majority,

except to continue, amend or replace the order being reviewed as provided in this

order.

(vi) by striking out all of that portion after the

following:

Justice of the Court of Queen's Bench of Alberta

and substituting the following:

CONSENTED TO BY:

________________________ ______________________________

Signature of adult Signature of witness

________________________ ______________________________

Date signed Print full name of witness

(

g) in Form 18

(

i) by striking out the following:

Considered by the Honourable Justice

ORDER

and substituting the following:

APPLICANT'S ADDRESS

FOR SERVICE AND

CONTACT INFORMATION:____________________________

Date on which Order was granted:

Location at which Order was granted:

Name of judge who granted this Order: The Honourable Justice

(ii) in that portion following "The Court:" and

occurring before "And the Court Orders:" by

striking out the following:

? has determined that

? the adult is 18 years of age or over;

? the adult will attain the age of 18 within 12 months of the date of the

application;

? for guardianship order: the conditions for appointment of a guardian are

satisfied, namely,

? the adult does not have capacity to make decisions about the

personal matters with respect to which the guardian is given

authority by this order;

? less intrusive and less restrictive alternative measures than the

appointment of a guardian have been considered or have been

implemented and would not likely be or have not been effective to

meet the needs of the adult;

? it is in the adult's best interests for a guardian to be appointed;

? for trusteeship order: the conditions for appointment of a trustee are

satisfied, namely,

? the adult does not have the capacity to make decisions respecting

any or all financial matters;

? less intrusive and less restrictive alternative measures than the

appointment of a trustee would not adequately protect the adult's

interests in respect of financial matters;

? it is in the adult's best interests for a trustee to be appointed;

? for trusteeship order (section 54(4)(a)of the Act): has considered whether

it would be in the adult's best interests to impose any limits or conditions

on the trustee's authority.

and substituting the following:

? has determined that the adult [choose one]

? is 18 years of age or older;

? will attain the age of 18 within 12 months of the date of the application;

[Include only if application is for guardianship order]

? has determined that the conditions for appointment of a guardian are satisfied,

namely,

? the adult does not have capacity to make decisions about the personal

matters with respect to which the guardian is given authority by this order;

? less intrusive and less restrictive alternative measures than the

appointment of a guardian have been considered or have been

implemented and would not likely be or have not been effective to meet

the needs of the adult;

? it is in the adult's best interests for a guardian to be appointed;

[Include only if application is for trusteeship order]

? has determined that the conditions for appointment of a trustee are satisfied,

namely,

? the adult does not have the capacity to make decisions respecting any or

all financial matters;

? less intrusive and less restrictive alternative measures than the

appointment of a trustee would not adequately protect the adult's interests

in respect of financial matters;

? it is in the adult's best interests for a trustee to be appointed;

? in accordance with

section 54(4) of the Act, has considered whether it would

be in the adult's best interests to impose any limits or conditions on the

trustee's authority.

(iii) by adding the following after "And the Court

Orders:":

[Note: Delete all of

section 1 if application is not for

appointment of guardian and renumber the following

sections and paragraphs accordingly]

(iv) in that portion of

section 1 before paragraph

1.2 by striking out the following:

[Include in all cases]

is (are) appointed guardian of

and substituting the following:

[Include in all cases where application is for appointment of guardian]

1.1

is (are) appointed guardian of

(

v) by adding "where application is for appointment of

guardian" after "Include in all cases" where it

occurs immediately before paragraphs 1.5, 1.6

and 1.8;

(vi) in paragraph 1.8 by striking out "(no fixed review

date)" and substituting "(no fixed date)";

(vii) in paragraph 1.9 by adding "hereby" before

"terminated";

(viii) by adding the following after paragraph 1.9:

[Note: Delete all of

section 2 if application is not for

appointment of trustee and renumber the following

sections and paragraphs accordingly]

(ix) by adding "where application is for appointment of

trustee" after "Include in all cases" where it occurs

immediately before paragraphs 2.1, 2.6, and

2.7;

(

x) in paragraph 2.8 by striking out "purchase real

property of the adult" and substituting "purchase

real property on behalf of the adult";

(xi) by adding "where application is for appointment of

trustee" after "Include in all cases" where it occurs

immediately before paragraphs 2.12, 2.13 and

2.15.

(xii) in paragraph 2.16 by adding "hereby" before

"terminated";

(xiii) by repealing paragraph 4.1 and substituting the

following:

4.1 All requirements of the Act and regulations regarding service or sending of

notice of this application are deemed to have been satisfied including requirements

as to:

? the persons to be notified of this application;

? the documents to be served or sent to such persons;

? the manner of and time for serving or sending documents.

Notice of this application to the represented adult is dispensed with.

Notice of this application to the following person(

s) is dispensed with:

NAME

RELATIONSHIP

(xiv) by striking out

[Include if application is made in respect of a person who has not attained the age of

majority referred to in

section 24(1) or 43(2) of the Act]

where it occurs immediately before paragraph

4.3 and substituting the following:

[Include if application is made in respect of a person who has not attained the age of

majority as provided by

section 24(1) or 43(2) of the Act]

(xv) in paragraph 4.3 by striking out "This order does

not come into" and substituting "In accordance with

section 24(2)(

b) or 43(3)(

b) of the Act, this order does

not take";

(xvi) by striking out all of that portion after the

following:

Justice of the Court of Queen's Bench of Alberta

(

h) in Form 20 in paragraph 1.3 by striking out "section

8" and substituting "item 8";

(

i) in Form 23

(

i) by striking out "Document Order" and

substituting the following:

Document

ORDER (select all that apply)

? Review of guardianship order

? Review of trusteeship order

? Examination and approval of trusteeship accounts

(ii) by striking out the following:

Considered by the Honourable Justice

ORDER

and substituting the following:

APPLICANT'S ADDRESS

FOR SERVICE AND

CONTACT INFORMATION:____________________________

Date on which Order was granted:

Location at which Order was granted:

Name of judge who granted this Order: The Honourable Justice

(iii) In that portion following "The Court:" and

occurring before "And the Court Orders:" by

striking out the following:

? has determined that

? the adult is 18 years of age or older;

? for review of guardianship order: the conditions for appointment of a

guardian continue to be satisfied, namely,

? the adult does not have capacity to make decisions about the

personal matters with respect to which the guardian is given

authority by this order;

? less intrusive and less restrictive alternative measures than the

appointment of a guardian have been considered or have been

implemented and would not likely be or have not been effective to

meet the needs of the adult;

? it is in the adult's best interests for a guardian to remain appointed;

? alternative for review of guardianship order that is to be terminated: the

adult is no longer in need of a guardian;

? for trusteeship order: the conditions for appointment of a trustee continue

to be satisfied, namely,

? the adult does not have the capacity to make decisions respecting

any or all financial matters;

? less intrusive and less restrictive alternative measures than the

appointment of a trustee would not adequately protect the adult's

interests in respect of financial matters;

? it is in the adult's best interests for a trustee to remain appointed;

? for trusteeship order - s54(4)(a): has considered whether it would be in

the adult's best interests to impose any limits or conditions on the

trustee's authority.

? alternative for trusteeship order that is to be terminated: the adult is no

longer in need of a trustee.

and substituting the following:

[Include only if application is for review of guardianship order, and guardianship

order is to continue]

? has determined that the conditions for appointment of a guardian continue to

be satisfied, namely,

? the adult does not have capacity to make decisions about the personal

matters with respect to which the guardian is given authority by this order;

? less intrusive and less restrictive alternative measures than the

appointment of a guardian have been considered or have been

implemented and would not likely be or have not been effective to meet

the needs of the adult;

? it is in the adult's best interests for a guardian to remain appointed;

[Include only if application is for review of guardianship order, and guardianship

order is to be terminated]

? has determined that the adult is no longer in need of a guardian;

[Include only if application is for review of trusteeship order, and trusteeship order is

to continue]

? has determined that the conditions for appointment of a trustee continue to be

satisfied, namely,

? the adult does not have the capacity to make decisions respecting any or

all financial matters;

? less intrusive and less restrictive alternative measures than the

appointment of a trustee would not adequately protect the adult's interests

in respect of financial matters;

? it is in the adult's best interests for a trustee to remain appointed;

? in accordance with

section 54(4) of the Act, has considered whether it would

be in the adult's best interests to impose any limits or conditions on the

trustee's authority;

[Include only if application is for review of trusteeship order, and trusteeship order is

to be terminated]

? has determined that the adult is no longer in need of a trustee.

(iv) by adding the following after "And the Court

Orders:":

[Note: Delete all of

section 1 if application is not for

review of guardianship order and renumber the

following sections and paragraphs accordingly]

(

v) by striking out "1 Appointment of Guardian"

and substituting "1 Guardianship Order

Review";

(vi) in paragraph 1.10 by striking out "(no fixed

review date)" and substituting "(no fixed date)";

(vii) by adding the following before "2 Trusteeship

Order Review":

[Note: Delete all of

section 2 if application is not for

review of trusteeship order and renumber the following

sections and paragraphs accordingly]

(viii) in paragraph 2.10 by striking out "purchase real

property of the adult" and substituting "purchase

real property on behalf of the adult";

(ix) in paragraph 2.15 by striking out "(no fixed

review date)" and substituting "(no fixed date)";

(

x) by adding the following before "3 Examination

and Approval of Trusteeship Accounts":

[Note: Delete all of

section 3 if application is not for

examination and approval of trusteeship accounts and

renumber the following sections and paragraphs

accordingly]

(xi) by striking out "[Include in all cases]" before

paragraph 3.1 and substituting "[Include in all

cases where application is for examination and approval

of trusteeship accounts]";

(xii) in paragraph 3.3 by striking out "(no fixed review

date)" and substituting "(no fixed date)";

(xiii) by repealing paragraph 5.1 and substituting the

following:

5.1 All requirements of the Act and regulations regarding service or sending of

notice of this application are deemed to have been satisfied including requirements

as to:

? the persons to be notified of this application;

? the documents to be served or sent to such persons;

? the manner of and time for serving or sending documents.

Notice of this application to the represented adult is dispensed with.

Notice of this application to the following person(

s) is dispensed with:

NAME

RELATIONSHIP

(xiv) by adding the following after paragraph 5.2:

[Include only if application is for review of a guardianship or trusteeship order that

has not taken effect because the represented person has not attained the age of

majority, and the guardianship or trusteeship order is continued, amended or replaced]

5.3 In accordance with

section 24(2)(

b) or 43(3)(

b) of the Act, this order does not

take effect until the person in respect of whom this order is made attains the age of

majority, except to continue, amend or replace the order being reviewed as

provided in this order.

(xv) by striking out all of that portion after the

following:

Justice of the Court of Queen's Bench of Alberta

(

j) in Form 26 in item 7 by striking out "commence" and

substituting "begin";

(

k) in Form 29 in items 5, 6 and 7 by striking out

"commence" and substituting "begin";

(

l) in Form 32

(

i) by repealing item 1 and substituting the

following:

1 I have reviewed the Capacity Assessment Report, dated _____,

which was prepared to support an application for a guardianship order

for (proposed represented adult). In that report, the

proposed represented adult was assessed as needing a guardian to

make decisions about the following personal matters:

? the adult's health care;

? where, with whom and under what conditions the adult is to

live, either permanently or temporarily;

? with whom the adult may associate;

? the adult's participation in social activities;

? the adult's participation in any educational, vocational or

other training;

? the adult's employment;

? the carrying on of any legal proceeding that does not relate

primarily to the financial matters of the adult;

? other: ____________________________________.

(ii) in items 3 and 4 by striking out "#1" and

substituting "item 1";

(iii) by repealing item 9 and substituting the

following:

9 If more than one person is appointed as a guardian for the proposed

represented adult, how do you intend to carry out your roles as

guardians?

______________________________________________________

(

m) in Form 34

(

i) in item 4 by striking out "Schedule 1" and

substituting "Schedule 2";

(ii) in item 7 by striking out "Estimated balance" and

substituting "Estimated value";

(iii) by adding "10" before "Does the adult" in the item

after the heading "Liabilities" occurring after

item 9;

(iv) in

Schedule 3

(

A) by adding the following after the heading

"Schedule 3 - Income Worksheet":

This worksheet may be used to help estimate income for the purposes of

completing item 11. You are not required to submit this worksheet as part of the

trusteeship plan.

(

B) by striking out "Support for Independence

(SFI)";

(

v) in

Schedule 4 by adding the following after the

heading "Schedule 4 - Expenditures

Worksheet":

This worksheet may be used to help estimate expenses for the purposes of

completing item 14. You are not required to submit this worksheet as part of the

trusteeship plan.

(

n) in Form 36 in item 3 by striking out "Section 1 or

Section 2" and substituting "item 1 or 2";

(

o) by striking out "commenced" in item 1 of the

following forms and substituting "started":

Form 3;

Form 4;

Form 8;

Form 9;

Form 16;

Form 17;

Form 21;

Form 22;

Form 39.

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

Alberta Regulation 179/2011

Alberta Land Stewardship Act

ALBERTA LAND STEWARDSHIP REGULATION

Filed: August 25, 2011

For information only: Made by the Lieutenant Governor in Council (O.C. 372/2011)

on August 25, 2011 pursuant to sections 15.1, 19.1, 19.2, 43 and 64 of the Alberta

Land Stewardship Act.

Table of Contents

1 Definition

2 Application of Regulation

Interpretation bulletins

4 Service of notice of conservation directive

Part 1

Requests for Review of Regional Plan

Interpretation

6 Panel

7 Making an application

8 Delivery of application

9 Forwarding application to panel

10 Rules respecting conduct of review

11 Availability of applications and reports

Part 2

Variances in Respect of Regional Plan

Definitions

13 Form of application

14 Delivery of application

15 Combining applications

16 Application temporarily suspends operation of a restriction, limitation

or requirement

17 Additional information

18 Advisory panel

19 Decision

20 Withdrawal of application

21 Variance order

22 Availability of applications and variance orders

Part 3

Regional Plan Compensation

Definitions

24 Application of Part

Division 1

Conservation Directive Compensation

25 Application for compensation

26 Delivery of application

27 Combining applications

28 Additional information

29 Decision on compensation

30 Application to Compensation Board or Court

31 Appeal to Court of Appeal

32 Withdrawal of application

Division 2

Compensable Taking Compensation

33 Application in respect of compensable taking

34 Advisory panel

35 Application of Act and Division 1

Part 4

Expiry and Coming into Force

36 Expiry

37 Coming into force

Definition

1 In this Regulation, "Act" means the Alberta Land Stewardship Act.

Application of Regulation

2(1)

Part 1 deals with matters related to requests for a review of a

regional plan or an amendment to a regional plan under

section 19.2 of

the Act.

(2) Part 2 deals with matters related to applications for variance in

respect of any restriction, limitation or requirement regarding a land

area or subsisting land use under a regional plan under

section 15.1 of

the Act.

(3) Part 3 deals with matters related to applications for compensation

under

Part 3, Division 3 and

section 19.1 of the Act.

Interpretation bulletins

3(1) The secretariat may, at the direction of the Stewardship Minister

or on the initiative of the secretariat, issue

interpretation bulletins on

the

interpretation, application, compliance, non-compliance and

intended purpose, application or implementation of a regional plan.

(2) An

interpretation bulletin must indicate whether it is to be binding

or advisory.

(3) An

interpretation bulletin that is to be binding must be approved

by the Lieutenant Governor in Council.

(4) An

interpretation bulletin that is binding has the same effect as if it

had been included in a regional plan.

Service of notice of conservation directive

4(1) In this section, "certificate of title" means the record of the title

to land that is maintained by the Registrar of Titles.

(2) A notice of a conservation directive may also be served by sending

the notice by registered mail or courier,

(

a) in the case of Crown land, to the title holder at the last

address shown for that person on the records of the

department administering the land, or

(

b) in the case of land that is neither Crown land nor settlement

patented land, to the title holder at the last address shown for

that person on the certificate of title.

Part 1

Requests for Review of

Regional Plan

Interpretation

5(1) In this Part,

(a) "applicant" means a person who has made a request for a

review of a regional plan or an amendment to a regional plan

under

section 19.2 of the Act;

(b) "application" means a request for review of a regional plan or

an amendment to a regional plan;

(c) "directly and adversely affected", in respect of a person with

regard to a regional plan, means that there is a reasonable

probability that a person's health, property, income or quiet

enjoyment of property, or some combination of them, is

being or will be more than minimally harmed by the regional

plan;

(d) "panel" means a panel referred to in

section 6(1)(

a) or a

board or other body referred to in

section 6(1)(

b) when it is

acting as a panel under this Regulation.

(2) A reference in this Part to review of a regional plan includes

review of an amendment to a regional plan.

Panel

6(1) On receiving an application, the Stewardship Minister may, for

the purpose of the conducting of a review of a regional plan in

accordance with

section 9,

(

a) appoint members to a panel, or

(

b) refer the request for review to a board or other body

established under another enactment if the Stewardship

Minister considers that the board or other body has suitable

expertise and resources.

(2) The Stewardship Minister may, with respect to a panel referred to

in subsection (1)(a),

(

a) prescribe the terms of office of its members,

(

b) designate a chair,

(

c) authorize, fix or provide for the payment of expenses to its

members and remuneration to its members who are not

employees of the Government, and

(

d) prescribe the number of members of the panel that constitutes

a quorum.

(3) Where the Stewardship Minister refers an application to a board or

other body referred to in subsection (1)(b), the Stewardship Minister

may

(

a) authorize, fix or provide for the payment of expenses to its

members, and remuneration to those members who are not

employees of the Government, when they are acting as a

panel under this Regulation, and

(

b) require the board or other body to act in accordance with the

rules respecting the conduct of a review established by the

Stewardship Minister under

section 10.

Making an application

7(1) An application must be in a form approved by the Stewardship

Minister and must contain the following information:

(

a) the name and address of the applicant and, if the applicant is

a corporation, society or other body corporate, the name of

the chief executive officer of the applicant;

(

b) if the applicant is appointing a person to represent the

applicant with respect to the application, the name of the

person and the contact information of the person;

(

c) the address in Alberta to which notices or other

communications with respect to the application may be sent;

(

d) identification of the specific provision of the regional plan

that the applicant believes is directly and adversely affecting

the applicant or will directly and adversely affect the

applicant;

(

e) an explanation of how the specific provision identified in

clause (

d) is directly and adversely affecting the applicant or

will directly and adversely affect the applicant;

(

f) an explanation of the adverse effects the applicant is

suffering or expects to suffer as a result of the specific

provision identified in clause (d);

(

g) the relief being requested by the applicant, which may

include any amendment to the specific provision of the

regional plan identified in clause (

d) that the applicant

proposes in order to diminish or eliminate the adverse effects

identified in clause (f).

(2) If an application includes a technical or professional report or

material of a technical or professional nature, the application must set

out the qualifications of the person who prepared the technical or

professional report or material.

Delivery of application

8(1) Subject to subsection (2), an application must be delivered by

personal service, registered mail or courier to the Stewardship Minister

at the address designated by the stewardship commissioner.

(2) An application may be delivered by fax or other electronic means,

but the application is not considered to be received unless the

Stewardship Minister acknowledges receipt of the application.

Forwarding application to panel

9(1) Subject to subsection (2), on receipt of a complete application,

the Stewardship Minister shall forward the application to the panel for

the panel to conduct the required review of the regional plan and to

report the results of the review and any recommendations to the

Stewardship Minister.

(2) If the Stewardship Minister has received 2 or more applications,

the Stewardship Minister may combine some or all of those

applications to be reviewed concurrently by the panel.

(3) An application is not complete until all of the applicable

information required under

section 7(1) has been provided to the

satisfaction of the Stewardship Minister.

Rules respecting conduct of review

10(1) The Stewardship Minister may establish rules respecting the

conduct of a review by a panel, including, without limitation, rules

respecting the review of combined applications, and the contents of

reports and any recommendations by the panel.

(2) If the Stewardship Minister establishes rules referred to in

subsection (1), the rules and any amendments to them must be posted

on the secretariat's website.

Availability of applications and reports

11(1) A copy of each complete application must be posted in its

entirety on the secretariat's website as soon as practicable after it is

received.

(2) A copy of each report and any recommendations prepared by a

panel must be posted on the secretariat's website not less than 30 days

and not more than 60 days after the report and any recommendations

have been presented by the Stewardship Minister to the Executive

Council under

section 19.2(3) of the Act.

Part 2

Variances in Respect of

Regional Plan

Definitions

12 In this Part,

(a) "applicant" means a title holder who applies for a variance

under

section 15.1 of the Act;

(b) "application" means an application for a variance under

section 15.1 of the Act;

(c) "variance" means a waiver of compliance in respect of any

restriction, limitation or requirement regarding a land area or

subsisting land use, or both, under a regional plan;

(d) "variance order" means an order made by the Stewardship

Minister under

section 15.1 of the Act.

Form of application

13(1) An application must be in a form approved by the Stewardship

Minister and must contain the following information:

(

a) the name and address of the applicant and, if the applicant is

a corporation, society or other body corporate, the name of

the chief executive officer of the applicant;

(

b) if the applicant is appointing a person to represent the

applicant with respect to the application, the name and the

contact information of the person;

(

c) the address in Alberta to which notices or other

communications with respect to the application may be sent;

(

d) if the application is in respect of a land area, the legal

description, or other form of description acceptable to the

Stewardship Minister, of the land area;

(

e) if the application is in respect of a subsisting land use, a

description of the subsisting land use;

(

f) identification of the restriction, limitation or requirement

under the regional plan in respect of which the applicant is

seeking a variance;

(

g) an explanation of why the variance is necessary;

(

h) a description of the variance specifically requested by the

variance being requested.

(2) If an application includes a technical or professional report or

material of a technical or professional nature, the application must set

out the qualifications of the person who prepared the technical or

professional report or material.

(3) An application is not complete until all of the applicable

information required under subsection (1) has been provided to the

satisfaction of the Stewardship Minister.

Delivery of application

14(1) Subject to subsection (2), an application must be delivered by

personal service, registered mail or courier to the Stewardship Minister

at the address designated by the stewardship commissioner.

(2) An application may be delivered by fax or other electronic means,

but the application is not considered to be received unless the

Stewardship Minister acknowledges receipt of the application.

Combining applications

15 If the Stewardship Minister has received 2 or more applications,

the Stewardship Minister may combine some or all of the applications

and review those applications concurrently.

Application temporarily suspends operation of a

restriction, limitation or requirement

16 An application suspends, in respect of the applicant, the operation

of the restriction, limitation or requirement to which the application

pertains until a decision is made under

section 19.

Additional information

17(1) The Stewardship Minister may in the course of reviewing an

application require the applicant to provide additional information or

documents to support the application within the time set by the

Stewardship Minister.

(2) The Stewardship Minister may refuse to make a decision on the

application if the applicant has failed or refused to provide additional

information or documents when requested to do so under subsection

(1).

Advisory panel

18(1) In determining whether to approve an application, the

Stewardship Minister may by order establish an advisory panel, which

must review the application and make recommendations to the

Stewardship Minister as it considers appropriate.

(2) The Stewardship Minister may, with respect to an advisory panel

established under subsection (1),

(

a) appoint or provide for the appointment of its members,

(

b) designate a chair,

(

c) authorize, fix or provide for the payment of expenses to its

members and remuneration to its members who are not

employees of the Government,

(

d) prescribe the number of members of the advisory panel that

constitutes a quorum,

(

e) prescribe timelines for the delivery of its recommendations,

and

(

f) establish rules for the conduct of its proceedings.

(3) Before making a decision on the application, the Stewardship

Minister shall consider, but is not bound by, any recommendations of

the advisory panel.

Decision

19(1) If the Stewardship Minister approves an application, the

Stewardship Minister shall provide the applicant with a copy of the

variance order.

(2) If the Stewardship Minister refuses to approve an application, the

Stewardship Minister shall provide the applicant with a copy of the

Stewardship Minister's decision with reasons.

Withdrawal of application

20 If an applicant wishes to withdraw an application before the

Stewardship Minister makes a decision, the applicant shall send or

deliver a written notice to the Stewardship Minister to that effect.

Variance order

21 A variance order

(

a) is effective on the date of signing unless another date is

specified in the order, and

(

b) may rescind a previous variance order in respect of the same

land area or land use.

Availability of applications and variance orders

22(1) A copy of each complete application must be posted in its

entirety on the secretariat's website as soon as practicable after it is

received.

(2) A copy of each variance order must be posted on the secretariat's

website and made publicly available not more than 30 days after the

variance is granted.

Part 3

Regional Plan Compensation

Definitions

23 In this Part,

(a) "applicant" means

(

i) with respect to an application under Division 1, a title

holder described in

section 38(1) of the Act, or

(ii) with respect to an application under Division 2, a

registered owner described in

section 19.1(2) of the Act;

(b) "application" means an application under Division 1 or

Division 2, as the case may be;

(c) "Compensation Board" means

(

i) in respect of land other than settlement patented land,

the Land Compensation Board, and

(ii) in respect of settlement patented land, the Metis

Settlements Appeal Tribunal Land Access Panel

established under

section 186(1) of the Metis

Settlements Act.

Application of

Part

24(1) Division 1 applies to the determination of compensation under

Part 3, Division 3 of the Act.

(2) Division 2 applies to the determination of compensation under

section 19.1 of the Act.

Division 1

Conservation Directive Compensation

Application for compensation

25(1) Before applying to the Compensation Board or the Court of

Queen's Bench for compensation under

Part 3, Division 3 of the Act,

an applicant must submit an application to the Stewardship Minister.

(2) An application must be in a form approved by the Stewardship

Minister and must

(

a) contain the following information:

(

i) the name and address of the applicant and, if the

applicant is a corporation, society or other body

corporate, the name of the chief executive officer of the

applicant;

(ii) if the applicant is appointing a person to represent the

applicant with respect to the application, the name and

the contact information of the person;

(iii) the address in Alberta to which notices or other

communications with respect to the application may be

sent;

(iv) the legal description, or other form of description

acceptable to the Stewardship Minister, of the land area

that is the subject of the application;

(

v) the amount of compensation the applicant is seeking,

and

(

b) be accompanied with

(

i) a copy of the notice of the conservation directive

provided to the applicant under

section 38 of the Act,

and

(ii) any documents and other information to support the

claim for compensation.

(3) If an application includes a technical or professional report or

material of a technical or professional nature, the application must set

out the qualifications of the person who prepared the technical or

professional report or material.

(4) An application is not complete until all of the applicable

information required by subsection (2) has been provided to the

satisfaction of the Stewardship Minister.

Delivery of application

26(1) Subject to subsection (2), an application must be delivered by

personal service, registered mail or courier to the Stewardship Minister

at the address designated by the stewardship commissioner.

(2) An application may be delivered by fax or other electronic means,

but the application is not considered to be received unless the

Stewardship Minister acknowledges receipt of the application.

Combining applications

27 If the Stewardship Minister has received 2 or more applications,

the Stewardship Minister may combine some or all of those

applications and review them concurrently.

Additional information

28(1) The Stewardship Minister may, in the course of reviewing an

application, require the applicant to provide additional information or

documents to support the application within the time set by the

Stewardship Minister.

(2) The Stewardship Minister may refuse to make a decision on the

application if the applicant has failed or refused to provide additional

information or documents when requested to do so under subsection

(1).

Decision on compensation

29(1) Unless subsection (2) or

section 30 applies, the Stewardship

Minister shall determine

(

a) whether the applicant is entitled to compensation, and

(

b) if the applicant is entitled to compensation, the amount of

any compensation payable.

(2) The Stewardship Minister may at any time, with notice in writing

to the applicant, refer an application to the Compensation Board.

(3) Notwithstanding that the Stewardship Minister has referred an

application to the Compensation Board, the applicant may apply to the

Court of Queen's Bench for the determination of the compensation, but

the applicant shall notify the Stewardship Minister and the

Compensation Board of the application to the Court.

(4) The decision of the Stewardship Minister under this section, with

reasons for that decision, must be provided to the applicant in writing.

Application to Compensation Board or Court

30(1) If the applicant does not agree with a decision of the

Stewardship Minister in respect of a refusal under

section 28(2) or of

an entitlement to, or the amount of, compensation under

section 29(1),

the applicant may apply to the Compensation Board or the Court of

Queen's Bench for the determination.

(2) If an application is made to the Land Compensation Board

pursuant to subsection (1) or a referral is made to the Land

Compensation Board pursuant to

section 29, the Expropriation Act and

the regulations made under it respecting the determination of

compensation, hearings and procedures, including interest and costs,

apply to the application.

(3) If an application is made to the Metis Settlements Appeal Tribunal

Land Access Panel pursuant to subsection (1) or a referral is made to

the Metis Settlements Appeal Tribunal Land Access Panel pursuant to

section 29,

Part 7 of the Metis Settlements Act and the regulations

made under that Act respecting the determination of compensation,

hearings and procedures, including interest and costs, apply to the

application.

Appeal to Court of Appeal

31 The applicant or the Stewardship Minister may, within 30 days

after receiving notice of a determination of the Compensation Board,

appeal the determination to the Court of Appeal.

Withdrawal of application

32 If an applicant wishes to withdraw an application before the

Stewardship Minister makes a decision, the applicant shall send or

deliver a written notice to the Stewardship Minister to that effect.

Division 2

Compensable Taking Compensation

Application in respect of compensable taking

33(1) An applicant who has suffered a compensable taking under the

Act may, in accordance with this Division, submit an application.

(2) An application must be in a form approved by the Stewardship

Minister and must

(

a) contain the following information:

(

i) the name and address of the applicant and, if the

applicant is a corporation, society or other body

corporate, the name of the chief executive officer of the

applicant;

(ii) if the applicant is appointing a person to represent the

applicant with respect to the application, the name and

the contact information of the person;

(iii) the address in Alberta to which notices or other

communications with respect to the application may be

sent;

(iv) the legal description, or other form of description

acceptable to the Stewardship Minister, of the land area

that is the subject of the application;

(

v) identification of the specific provision of the regional

plan, or an amendment to the regional plan, that the

applicant believes has caused the applicant to suffer a

compensable taking;

(vi) an explanation of how the specific provision identified

in subclause (

v) has caused the applicant to suffer a

compensable taking;

(vii) the amount of compensation the applicant is seeking,

and

(

b) be accompanied with any documents and other information

to support the claim for compensation.

(3) If an application includes a technical or professional report, or

material of a technical or professional nature, the application must set

out the qualifications of the person who prepared the technical or

professional report or material.

(4) An application is not complete until all of the applicable

information required by subsection (2) has been provided to the

satisfaction of the Stewardship Minister.

Advisory panel

34(1) In determining whether to approve an application, the

Stewardship Minister may by order establish an advisory panel, which

must review the application and make recommendations as it considers

appropriate.

(2) The Stewardship Minister may, with respect to an advisory panel

established under subsection (1),

(

a) appoint or provide for the appointment of its members,

(

b) designate a chair,

(

c) authorize, fix or provide for the payment of expenses to its

members and remuneration to its members who are not

employees of the Government,

(

d) prescribe the number of members of the advisory panel that

constitutes a quorum,

(

e) prescribe timelines for the delivery of its report and

recommendations, and

(

f) establish rules for the conduct of its proceedings.

(3) Before making a decision on the application, the Stewardship

Minister shall consider, but is not bound by, any recommendations of

the advisory panel.

Application of Act and Division 1

35(1) For the purpose of applying for and the determination of

compensation under this Division,

(a)

section 43(1)(b), (c), (

g) and (

h) of the Act apply, and

(

b) subject to subsection (2), sections 26 to 32 of this Regulation

apply.

(2) An application to the Compensation Board or the Court of Queen's

Bench under

section 30(1) in respect of an application under this

Division must be made within 2 years after the decision of the

Stewardship Minister is received by the applicant under

section 29(4).

Part 4

Expiry and Coming into Force

Expiry

36 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 August 31, 2016.

Coming into force

37 This Regulation comes into force on September 1, 2011.

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

Alberta Regulation 180/2011

Forest and Prairie Protection Act

FOREST PROTECTION AREA AMENDMENT REGULATION

Filed: August 25, 2011

For information only: Made by the Lieutenant Governor in Council (O.C. 374/2011)

on August 25, 2011 pursuant to

section 41 of the Forest and Prairie Protection Act.

1 The Forest Protection Area Regulation (AR 149/99) is

amended by this Regulation.

Section 3 is amended by striking out "January 31, 2012"

and substituting "January 31, 2021".

Alberta Regulation 181/2011

Corrections Act

CORRECTIONAL INSTITUTION AMENDMENT REGULATION

Filed: August 25, 2011

For information only: Made by the Lieutenant Governor in Council (O.C. 394/2011)

on August 25, 2011 pursuant to

section 33 of the Corrections Act.

1 The Correctional Institution Regulation (AR 205/2001) is

amended by this Regulation.

Section 9 is repealed and the following is substituted:

Classification process, additional purpose

9 The security of inmates and of the correctional institution are

prescribed as further purposes for the purpose of

section 11(

b) of the

Act.

3 The following is added immediately before

section 10:

Security classification and assessment processes

9.1(1) In establishing a classification process under

section 11 of

the Act, the director shall ensure that the security classification and

assessment processes reflect the requirements of this section.

(2) After admission to the correctional institution and based on the

information available to the institution at the time, an inmate must be

(

a) assessed, and

(

b) based on that initial assessment, assigned an initial housing

placement in a unit, and a security classification, in the

institution.

(3) The initial assessment process must take into account, at

minimum,

(

a) the inmate's physical and mental health,

(

b) any security risk associated with the inmate, and

(

c) the inmate's behaviour,

and, in doing so, must take into account the institution's capacity to

fulfill the purposes of the classification process.

(4) Each change in a placement or security classification must be

based on an assessment of those factors referred to in subsection

(3) that are relevant in the circumstances.

(5) In addition to the employment program referred to in

section 17

of the Act, an assessment to determine a suitable education,

treatment or work program for a sentenced inmate must be

performed, taking into account such factors referred to in subsection

(3) as are relevant, and that inmate shall participate in any such

program to which he or she is assigned.

4 Sections 37 and 39 are amended by striking out "Card"

and by striking out "on the inmate's" and substituting "in the

inmate's".

Section 40 is amended by adding "unless the director has

approved the transfer in writing" after "other inmate".

Section 42.1(2)(

b) is amended by striking out "work

training or treatment programs assigned under

section 11 of the Act"

and substituting "program assigned under

section 9.1".

Section 54(2) is amended by striking out ", receipt of

incentive allowance and smoking" and substituting "and receipt of

incentive allowance".

8 The following is added after

section 59:

Disclosure of health information

59.1 The purposes prescribed for the purpose of

section 11.1(

b) of

the Act are,

(

a) if the inmate is or is to be subject to a disciplinary hearing

under

section 15 of the Act or an appeal under

section 15.2 of

the Act, to disclose the information for its lawful use in the

hearing or appeal, and

(

b) to facilitate the effective

interpretation of the results of a test

for illicit drugs ingested by an inmate.

9 This Regulation comes into force on the commencement

of the Corrections Amendment Act, 2011.

Alberta Regulation 182/2011

Victims of Crime Act

VICTIMS OF CRIME AMENDMENT REGULATION

Filed: August 25, 2011

For information only: Made by the Lieutenant Governor in Council (O.C. 396/2011)

on August 25, 2011 pursuant to

section 17 of the Victims of Crime Act.

1 The Victims of Crime Regulation (AR 63/2004) is

amended by this Regulation.

Section 1 is amended by adding the following after

clause (c):

(c.1) "death benefits" means death benefits referred to in

section

12.1 of the Act;

3 The following is added before

section 2:

Classes of injuries

1.1 The following are classes of injuries for which financial

benefits are payable:

(

a) an eligible offence listed in

Schedule 1 that is committed

against a victim that results in injuries to the victim;

(

b) injuries to a victim where

(

i) the victim has a pre-existing strong emotional

attachment to the person against whom the offence was

committed,

(ii) the victim has witnessed the commission of the

prescribed criminal offence or the immediate aftermath

of the offence first hand by being physically in

attendance and in proximity to the commission of the

offence,

(iii) the prescribed criminal offence caused the death of the

person against whom the offence was committed,

(iv) the circumstances of the commission of the prescribed

criminal offence would shock a reasonable person with

strong emotional attachment to the person against whom

the offence was committed, and

(

v) the victim suffers psychological harm diagnosed by a

health professional as a result of witnessing the

prescribed criminal offence in accordance with

subclauses (

i) to (iv).

Section 3(2) is repealed and the following is substituted:

(2) If a victim is under 18 years of age, the application for financial

benefits may be made on behalf of that victim by a parent or

guardian of the victim.

Section 4 is amended by striking out "or" at the end of

clause (

a) and by adding the following after clause (b):

(

c) reduce the death benefits payable in respect of that victim as

the Director considers reasonable, or

(

d) deny death benefits in total in respect of that victim where

the Director is of the opinion that the conduct warrants the

denial of death benefits.

Section 7(1)(

a) is amended by adding "or death benefits"

after "financial benefits".

Section 8 is amended

(

a) in subsection (1) by striking out "The injuries" and

substituting "The class of injuries referred to in

section

1.1(a)";

(

b) by adding the following after subsection (2):

(2.1) The amount of financial benefits payable for the class of

injuries listed in

section 1.1(

b) is $5000.

(

c) by repealing subsection (7);

(

d) in subsection (8) by striking out ", (6.1) or (7)" and

substituting "or (6.1)".

8 The following is added after

section 8:

Death benefits

8.1(1) An application for death benefits must be made in writing in

a form approved by the Director, pursuant to

section 12.1 of the Act.

(2) The maximum death benefits payable in respect of the

reimbursement of funeral costs of a victim is $12 500.

(3) An individual who is convicted of contributing to a victim's

death is not eligible to apply for death benefits in respect of that

victim.

(4) Regardless of the number of eligible recipients of death benefits

that exist in respect of a victim's death, the maximum amount

payable in aggregate to all of the recipients as a death benefit is

$12 500 in total.

Section 10 is amended

(

a) in subsection (2) by striking out "and 14" and

substituting ", 14 and 14.01";

(

b) in subsection (3) by striking out "hearing of a";

(

c) in subsection (4) by striking out "hearing" and

substituting "review".

Section 13 is amended

(

a) by adding the following after clause (a):

(a.1) for programs that benefit victims of crime;

(

b) by adding the following after clause (d):

(d.1) for death benefits payable under the Act and this

Regulation;

11 This Regulation comes into force on the coming into

force of the Victims of Crime Amendment Act, 2011.

Alberta Regulation 183/2011

Regulations Act

MISCELLANEOUS CORRECTIONS AND REPEAL REGULATION

Filed: August 25, 2011

For information only: Made by the Lieutenant Governor in Council (O.C. 398/2011)

on August 25, 2011 pursuant to

section 10 of the Regulations Act.

1 The Regulations Act Regulation (AR 288/99) is amended

section 17

(

a) in subsection (1)

(

i) in clause (

a) by striking out "by-laws" and

substituting "bylaws";

(ii) by repealing clauses (

h) and (l);

(iii) in clause (

u) by striking out "by-laws" wherever

it occurs and substituting "bylaws";

(

b) in subsections (3) and (4) by striking out "or (n)".

2 The Beekeepers Commission of Alberta Authorization

Regulation (AR 72/2006) is amended in

section 1(1)(

c) by

striking out "(AR 59/2005)" and substituting "(AR 59/2006)".

3 The Energy Resources Conservation Board Rules of

Practice (AR 98/2011) is amended in

section 2(

e) by striking

out "the".

4 The Fair Practices Amendment Regulation (AR 145/2011)

is amended in

section 4 in the proposed

section 5.2(2)(

a) by

striking out "aisen" and substituting "arisen".

5 The Prepaid Contracting Business Licensing Regulation

(AR 185/99) is amended in

section 10(1) by striking out

"contact" and substituting "contract".

6 The

Section 43 Exemption Regulation (AR 220/74) is

repealed.

7 The Consequential Amendments and Transitional

Matters Regulation (AR 115/2003) is repealed.

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

Alberta Regulation 184/2011

Employment Pension Plans Act

EMPLOYMENT PENSION PLANS AMENDMENT REGULATION

Filed: August 25, 2011

For information only: Made by the Lieutenant Governor in Council (O.C. 400/2011)

on August 25, 2011 pursuant to

section 87 of the Employment Pension Plans Act.

1 The Employment Pension Plans Regulation (AR 35/2000)

is amended by this Regulation.

Section 3 of

Schedule 0.2 is amended

(

a) in subsection (0.05) by adding "or (2.1)" after "(1.2)";

(

b) by adding the following after subsection (2):

(2.1) The administrator of a specified multi-employer plan

may, at any time before 2013, apply to the Superintendent in

the form and manner required by the Superintendent for, and

the Superintendent may in writing, consent to the plan's

suspending payments that an employer is or was required by

section 48(3)(

c) of this Regulation to pay into the plan for the

period, beginning before 2013 and ending before 2015, that is

specified in the consent, on the conditions set out in subsection

(1)(

a) and (

b) and on any other conditions set in writing by the

Superintendent.

(2.2) An administrator may make only one application in total

under subsection (2.1).

(

c) in subsection (3) by adding "or (2.1)" after "(1.2)";

(

d) in subsections (4), (5) and (6) by striking out "or

(1.2)", wherever it occurs, and substituting ", (1.2) or

(2.1)".

Alberta Regulation 185/2011

Insurance Act

TRANSITIONAL (INSURANCE AMENDMENT

ACT, 2008 -

PART 5) REGULATION

Filed: August 25, 2011

For information only: Made by the Lieutenant Governor in Council (O.C. 401/2011)

on August 25, 2011 pursuant to

section 750 of the Insurance Act.

Table of Contents

Definitions

2 Purpose

3 Transitional provisions

4 Expiry

5 Coming into force

Definitions

1 In this Regulation,

(a) "former

Part 5" means

Part 5 of the Insurance Act as it read

immediately before the coming into force of

section 29 of the

Insurance Amendment Act, 2008;

(b) "new

Part 5" means

Part 5 of the Insurance Act as it reads

immediately after the coming into force of

section 29 of the

Insurance Amendment Act, 2008.

Purpose

2 The purpose of this Regulation is to address the transition of certain

matters from the former

Part 5 to the new

Part 5.

Transitional provisions

3(1) Automobile insurance policy forms approved under

section 610

of the former

Part 5 are deemed to be approved forms under

section

551 of the new

Part 5.

(2) A Government approved industry plan approved under

section 661

of the former

Part 5 is deemed to be approved as a plan under

section

609 of the new

Part 5.

(3) Section 514 of the former

Part 5 continues to apply in respect of an

appraisal process that has begun before the date that

section 519 of the

new

Part 5 comes into force.

(4) The requirement set out in

section 516(3)(

j) of the new

Part 5

applies only to policies issued or renewed on or after the date that that

section comes into force.

(5) Statutory Condition 14 set out in

section 549 of the former

Part 5

continues to apply to a cause of action arising before the coming into

force of

section 526 of the new

Part 5.

(6) Section 527 of the new

Part 5 applies only to a cause of action

arising on or after the date that that

section comes into force.

(7) The Statutory Conditions set out in

section 549 of the former

Part

5 continue to apply to contracts that are made before the date that

section 540 of the new

Part 5 comes into force.

(8) The Statutory Conditions set out in

section 540 of the new

Part 5

apply only to contracts that are made on or after the date that that

section comes into force.

(9) Section 541 of the new

Part 5 applies only to a claim for loss or

damage that occurs on or after the date that that

section comes into

force.

(10) Sections 543, 545(3) and 553(4) of the new

Part 5 apply only to

contracts made on or after the date that those sections come into force.

(11) Section 562(3) of the former

Part 5 continues to apply to

contracts made before the date that

section 646(3) of the new

Part 5

comes into force.

(12) The Statutory Conditions set out in

section 614 of the former

Part

5 continue to apply to contracts that are made before the date that

section 556 of the new

Part 5 comes into force.

(13) The Statutory Conditions set out in

section 556 of the new

Part 5

apply only to contracts that are made on or after the date that that

section comes into force.

(14) Statutory Condition 6(3) set out in

section 614 of the former

Part

5 continues to apply to a cause of action arising before the date that

section 558 of the new

Part 5 comes into force.

(15) Statutory Conditions set out in

section 636 of the new

Part 5

apply only to contracts that are made on or after the date that that

section comes into force.

(16) Section 642(2) and (3) of the new

Part 5 apply only to contracts

made on or after the date that that

section comes into force.

(17) Section 647 of the former

Part 5 continues to apply to a cause of

action that occurs before the date that

section 593 of the new

Part 5

comes into force.

(18) Sections 614(4), 643(2)(

g) and (3) and 644(

f) to (

h) of the new

Part 5 apply only to policies issued on or after the date that those

sections come into force.

(19) Section 645 of the new

Part 5 applies only to certificates issued

on or after the date that that

section comes into force.

(20) Sections 646(3) and 647(

b) of the new

Part 5 apply only to

contracts made on or after the date that those sections come into force.

(21) Sections 652(3) and 653(3) of the new

Part 5 apply only to

applications made on or after the date that those sections come into

force.

(22) Section 659(1) and (4) of the new

Part 5 apply only in respect of

terminations and replacements that occur on or after the date that that

section comes into force in respect of contracts made before or after

the date that that

section comes into force.

(23) Section 672 of the new

Part 5 applies only to claims incurred on

or after the period commencing 2 years before the date that that

section

comes into force.

(24) Section 677 of the new

Part 5 applies only to causes of action that

arise on or after the date that that

section comes into force in respect of

contracts made before or after the date that that

section comes into

force.

(25) Section 699(2) and (3) of the new

Part 5 apply only to contracts

made on or after the date that that

section comes into force.

(26) Section 700(2)(

f) and (3) of the new

Part 5 apply only to policies

that are issued on or after the date that that

section comes into force.

(27) Section 701(

a) to (

e) of the new

Part 5 apply only to contracts of

creditor's group insurance made on or after the date that that

section

comes into force.

(28) Section 701(

f) to (

h) of the new

Part 5 apply only to contracts

made on or after the date that that

section comes into force.

(29) Section 702(1) and (4) of the new

Part 5 apply only in respect of

terminations and replacements that occur after the date that that

section

comes into force in respect of contracts made before or after the date

that that

section comes into force.

(30) Section 703 of the new

Part 5 applies only to certificates issued

on or after the date that that

section comes into force.

(31) Sections 705, 706 and 707 of the new

Part 5 apply only to

contracts made on or after the date that those sections come into force.

(32) Statutory Condition 12 set out in

section 671 of the former

Part 5

continues to apply to a cause of action arising before the date that

section 708 of the new

Part 5 comes into force.

(33) Section 677(3) of the former

Part 5 continues to apply to

contracts made before the date that

section 715(3) of the new

Part 5

comes into force.

(34) Sections 715(3) and 716(

b) of the new

Part 5 apply only to

contracts made on or after the date that those sections come into force.

(35) Sections 719(3) and 720(2) and (4) of the new

Part 5 apply only

to applications made on or after the date that those sections come into

force.

(36) Section 722 of the new

Part 5 applies only to debtors under

contracts of creditor's group insurance that are insured on or after the

date that that

section comes into force.

(37) Statutory Conditions set out in

section 728 of the former

Part 5

continue to apply to contracts made before the date that

section 636 of

the new

Part 5 comes into force.

(38) Section 736 of the new

Part 5 applies only to claims incurred on

or after the period commencing 2 years before the date that that

section

comes into force.

(39) Section 747(2) of the new

Part 5 applies only to contracts made

on or after the date that that

section comes into force.

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 June 30, 2017.

Coming into force

5 This Regulation comes into force on the coming into force of

section 29 of the Insurance Amendment Act, 2008.

Alberta Regulation 186/2011

Income and Employment Supports Act

TRAINING PROVIDER REGULATION

Filed: August 26, 2011

For information only: Made by the Minister of Employment and Immigration

(M.O. 85/2011) on August 23, 2011 pursuant to

section 26 of the Income and

Employment Supports Act.

Table of Contents

Definitions

2 Approval of training programs

3 Funding of approved training programs

4 Training provider records

5 Duties of training providers

6 Security

7 Repeal

8 Expiry

9 Coming into force

Definitions

1 In this Regulation,

(a) "Act" means the Income and Employment Supports Act;

(b) "approved training program" means a training program that

has been approved by the Director under

section 2;

(c) "books and supplies" means books and supplies that, in the

opinion of the Director, are essential to the successful

completion of an approved training program, but does not

include computer hardware;

(d) "prescribed fees" means the fees referred to in

section 56(2)

of the Income Support, Training and Health Benefits

Regulation (AR 122/2011);

(e) "tuition-based training program" means an approved training

program that is funded as provided for in

section 3(1)(b).

Approval of training programs

2(1) The Director may

(

a) establish criteria for and procedures for the approval of

training programs generally and for training programs within

a category established under clause (b),

(

b) establish categories of training programs for the purposes of

this Regulation including, without limitation, full-time

learner and part-time learner training program categories, and

(

c) subject to subsection (3), approve a training program that

meets the applicable criteria in accordance with the

applicable procedures.

(2) The Director may approve a training program subject to the terms

and conditions the Director considers appropriate.

(3) The Director may approve a training program only if

(

a) the Director considers that

(

i) there are employment opportunities for graduates of the

proposed training program, or

(ii) the program will prepare learners for further training

leading to employment,

and

(

b) the person offering to provide the training program agrees in

writing to comply with

(

i) this Regulation and any policies governing the proposed

training program, and

(ii) any terms or conditions of approval for the approved

training program.

Funding of approved training programs

3(1) An approved training program may be funded

(

a) by the Minister directly funding the training provider to

provide training to learners, or

(

b) by the direct or indirect payment to the training provider of

tuition fees, prescribed fees and amounts for books and

supplies provided to a person under

section 9 of the Act.

(2) The Minister may, at the times that the Minister considers it

appropriate,

(

a) establish the maximum funding available for all training

programs offered by a training provider for a period of time

out of the total funding allocated for training programs for

that period,

(

b) establish the maximum number of learners that may

participate in a training program offered by a training

provider during the period referred to in clause (a), or

(

c) vary a maximum established under clause (

a) or (b).

(3) Unless otherwise permitted by the Director, a training provider

must ensure

(

a) that the total charges for tuition fees, prescribed fees and

books and supplies for learners in the tuition-based training

programs offered by the training provider for a period of time

do not exceed the maximum funding available for that period

established under subsection (2), and

(

b) that the number of learners accepted to participate for a

period of time in an approved training program offered by the

training provider does not exceed the maximum number of

learners established under subsection (2).

(4) The Director may make rules respecting the calculation and

payment of refunds for the purposes of

section 21(

f) of the Act for

tuition-based training programs, and shall provide a training provider

with any applicable rules.

Training provider records

4(1) Subject to subsection (2), a training provider must maintain the

following records:

(

a) records of tuition fees and prescribed fees paid by learners or

by the Director on behalf of learners;

(

b) records of learner enrolment, attendance, withdrawal and

expulsion;

(

c) learner progress records;

(

d) records regarding those matters relating to learners that the

training provider is required to monitor and report on under

section 5(1)(i);

(

e) any other records required by the Director.

(2) The Director may exempt a training provider from the requirement

to maintain records referred to in subsection (1)(a), (b), (

c) or (d).

(3) The Director may determine the form and manner in which, the

place at which and the time for which a training provider is required to

maintain records referred to in subsection (1).

(4) A training provider shall not dispose of records referred to in

subsection (1) except in accordance with the standards and procedures

established by the Director.

(5) A training provider must ensure that the personal information that

it collects or uses with respect to learners in an approved training

program under the Act or this Regulation is used and disclosed only

for the purpose of providing the approved training program or as

otherwise authorized by law.

(6) On reasonable notice and at reasonable times, a training provider

must allow the Director or persons authorized by the Director to enter

the premises where the records referred to in subsection (1) are kept

and to inspect them.

Duties of training providers

5(1) Unless exempted under subsection (2), a training provider shall

(

a) use the funds provided by a learner or to the training provider

on behalf of a learner in accordance with any terms or

conditions of approval for the approved training program in

which the learner is enrolled,

(

b) ensure that learners are enrolled in approved training

programs for which they are eligible and have been

approved, and monitor their continuing eligibility,

(

c) with respect to fees and costs for an approved training

program,

(

i) charge tuition fees, prescribed fees and amounts for

books and supplies within any limits established by the

Director for the approved training program,

(ii) charge only the tuition fees, prescribed fees and

amounts for books and supplies that have been

approved for the approved training program and no

other fees or amounts, and

(iii) charge learners comparable tuition fees, prescribed fees

and amounts for books and supplies as are charged to

other students in comparable programs provided by the

training provider,

(

d) ensure that the premises at which an approved training

program is provided comply with municipal zoning bylaws

and all applicable municipal and provincial public health,

safety, fire and building standards requirements,

(

e) ensure that the instructors for an approved training program

(

i) have the necessary qualifications to provide instruction,

and

(ii) provide adequate instruction to learners in the approved

training program,

(

f) maintain any licensing, certification or accreditation required

for an approved training program,

(

g) establish and enforce a written attendance policy for learners

in an approved training program that

(

i) sets out the attendance requirements for learners in the

approved training program, and

(ii) meets the requirements for attendance policies

established by the Minister,

(

h) monitor and report on the progress of learners, as required by

the Director, while the learners are enrolled in the approved

training program,

(

i) notify the Director, within the time and in the form and

manner determined by the Director, if a learner

(

i) fails to meet the full-time course requirements set out in

the training service plan approved for the learner under

the Income Support, Training and Health Benefits

Regulation (AR 122/2011), in the case of a learner to

whom

section 44 of that regulation applies,

(ii) fails to maintain acceptable attendance and progress

requirements applicable to the learner under sections 45

and 46 or 65 and 66 of the Income Support, Training

and Health Benefits Regulation (AR 122/2011),

(iii) is not enrolled in the approved training program as set

out in the training service plan approved for the learner

under the Income Support, Training and Health Benefits

Regulation (AR 122/2011), or

(iv) withdraws, is expelled or is considered to have

withdrawn from an approved training program,

(

j) notify the Director of a proposed change to any of the

following before making the change:

(

i) any thing relating to an approved training program that

would affect the provision or operation of the approved

training program;

(ii) the ownership of the training provider;

(iii) the premises at which an approved training program is

provided;

(iv) any other thing specified by the Director in writing,

(

k) at the request of the Director, provide confirmation of any

changes in enrolment in an approved training program,

(

l) monitor and report on matters relating to learners following

completion of their approved training programs, in

accordance with the requirements established by the Director,

(

m) for each approved training program, continue to meet the

performance expectations required by the Director,

(

n) for each approved training program that is a tuition-based

training program, maintain the amount of security required

under

section 6, if any,

(

o) ensure that refunds of tuition and other prescribed fees under

section 21(

f) of the Act in respect of tuition-based training

programs are paid to the Government of Alberta,

(

p) use the forms and electronic systems determined by the

Director, and

(

q) comply with any other requirements provided for by the

Director.

(2) The Director may exempt a training provider from a requirement

set out in subsection (1)(c), (g), (h), (k), (l), (n), (

p) or (q).

Security

6(1) If the Director requires it, a training provider providing a

tuition-based training program must provide the Minister with security

in a form and amount that is acceptable to the Director.

(2) The Director may declare any security that has been provided by a

training provider under subsection (1) to be forfeited to the Crown in

right of Alberta if

(

a) the training provider is unable to provide an approved

training program or to provide an approved training program

to its conclusion, or

(

b) the training provider is required to make a refund under

section 21(

f) of the Act and the training provider is unable or

refuses to make the refund.

(3) The Director may use a security forfeited under subsection (2)(

a) for any purpose the Director considers appropriate relating to a training

provider not providing an approved training program or not providing

an approved training program to its conclusion.

(4) The Director must apply the amount of a security forfeited under

subsection (2)(

b) to the amount of the refund required under

section

21(

f) of the Act.

(5) If part of a forfeited security is not expended under subsection

(3) or (4), the Director must return the security or retain it for the purposes

of subsection (1).

Repeal

7 The Training Provider Regulation (AR 384/2003) is repealed.

Expiry

8 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 August 31, 2019.

Coming into force

9 This Regulation comes into force on September 1, 2011.

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

Alberta Regulation 187/2011

Public Lands Act

PUBLIC LANDS ADMINISTRATION REGULATION

Filed: August 26, 2011

For information only: Made jointly by the Minister of Sustainable Resource

Development (M.O. 05/2011) on August 25, 2011 pursuant to sections 28(2), 43(2),

62.1(2) and 104(4) of the Public Lands Act and by the Lieutenant Governor in

Council (O.C. 381/2011) on August 23, 2011 pursuant to sections 8, 9, 9.1, 71.1, 108

and 109 of the Public Lands Act.

Table of Contents

Part 1

General

Definitions

2 Interest of disposition holder

3 Disturbance standards

4 Agreements among holders

5 Ancillary facilities

6 Sale of public land

7 Exchange of public land

8 Rejection of application where certain debts owed

9 Application for formal disposition

10 Issuance of formal disposition

11 Application for authorization

12 Issuance of authorization

13 Application for approval

14 Issuance of approval

15 Deemed rejection

16 Consideration of disturbance standards

17 Renewal of dispositions

18 Application for renewal

19 Issuance

20 Expiry

21 Duties of holders

22 Security

23 Reclamation of land

24 Indemnification

25 Waiver of condition

26 Retrospective disposition

27 Fences

28 Monthly billing

29 Interest on money owing

Part 2

General Access to Public

Land and Trespass

Definitions

31 Entry for public health or safety purposes

Division 1

Public Use of Vacant Public Land

32 General licence respecting recreational purposes

33 General licence respecting trails

34 Restrictions and paramountcy

35 Direction to leave

Division 2

Access Permits

36 Access permits for commercial purposes

37 Issuance of access permits

39 Expiry of access permit

40 No transfer or assignment

41 Making access permit available

42 Professional outfitters

Division 3

Trespass to Vacant Public Land

43 Prohibition

44 Prohibition - secured area

45 Prohibition - trespassing

46 Liability of driver

47 Liability of owner

48 Notice of closure

Part 3

Dispositions

49 Definition

Division 1

Grazing Dispositions

General

50 Eligibility to hold grazing disposition

51 Information by holder

52 Limitation respecting corporate holder

53 Range management

54 Return

55 Other livestock

56 Cultivation

57 Cutting of hay and timber

58 Crown not liable

Grazing Leases

59 Annual rent

60 Cutting timber

61 Trapping

Grazing Licences

62 Definition

63 Exclusive grazing rights - licensed area

64 Director's powers

65 Holder's duties

66 Grazing licence in forest management area

67 Limitation of compensation

Grazing Permits

68 Grazing permit

69 Exclusivity

Head Tax Permits

70 Issue of head tax permits

71 Head tax permit not assignable

Grazing of Bison

72 Approval to graze bison

73 Restriction

74 Cancellation

75 Prohibition

76 Testing and marking

Division 2

Grazing Land Range Improvement

77 Approval for range improvements

78 Assistance

79 Agreements respecting assistance

80 Effect of agreement

81 Duties of holder

82 Improvements belong to Crown

83 Rental credits

84 Waiver of additional rent

Division 3

Farm Development

Definitions

86 Lease for farm development

87 Eligibility

88 Rent applied to purchase price

89 Obligations under agreement to purchase

90 Cultivation permits

Division 4

Licence of Occupation

Definitions

92 Withdrawal of land

93 No compensation

94 Right to construct roads

95 Holder's duty respecting roads

96 Closing roads

97 Enforceability of order

98 Commercial use of road

99 Application of Recreational Access Regulation

Division 5

Mineral Surface Leases

100 Definition

101 Issuing of lease

102 Term of lease

103 Proof of right to work minerals

104 Crossing roadway

Division 6

Surface Material Dispositions

Definitions

Surface Material Licences

106 Issuance and effect of licence

107 Amounts payable

108 Term

109 Licence not assignable

Surface Material Leases

110 Issuance and effect of lease

111 Term

112 Detailed operating plan

113 Annual return

114 Payment of royalty

115 Removal of surface material by others

General

116 Operator's duties

117 Exploration program

118 Records

119 Information to director

120 Surface materials auditor

Division 7

Pipeline Dispositions

Definitions

Agreements

122 Pipeline agreements

123 Other dispositions

124 Access over public land

125 Additional pipeline

126 No removal of surface material

127 Completion of work

Leases

128 Issuing leases

129 Term of lease

130 Crossing roadway

131 Sale of land under lease

Division 8

Commercial Trail Riding Dispositions

Definitions

133 Trail ride management areas

134 Commercial trail riding permit

135 Application for permit

136 Single operator

137 Term and renewal of permit

138 Multiple areas

139 Operating season

140 Camping

141 Operator's duties

142 Grazing

143 Base camp lease

Division 9

Miscellaneous Dispositions

144 Miscellaneous dispositions

145 Term

Part 4

Mortgages, Assignments,

Transfers and Subleases

Division 1

General

146 Application for approval

147 Transfer on death

148 Registration

149 Limitations

150 Conditional approval

151 Effect of rejection, refusal or breach

Division 2

Mortgage of Dispositions

152 Limitations

Division 3

Assignments and Transfers

153 Rejection of application for approval to assign or transfer

154 Questioning assignee

155 Grazing lease

156 Limitations on assignments of grazing leases

157 Dispositions authorizing the grazing of bison

158 Assignments affecting range improvements

159 Rental credits

Part 5

Reinstatement of Dispositions

160 Application for reinstatement

161 Limitations on reinstatement

162 Reinstatement hearing

163 Order for reinstatement

Part 6

Monitoring and Compliance

164 Definition

165 Reporting requirement

Part 7

Access to Information

166 Access to information

167 Provision of information

Part 8

Enforcement

168 Stop orders

169 Order respecting bison

170 Payment for unauthorized use

171 Administrative penalty

172 Publication of information

173 Requirement to comply

174 Offences

175 Due diligence defence

176 Public health and safety, property protection and emergencies

Part 9

Public Land Uses

Interpretation

Division 1

Zones, Areas and Trails for Recreation

178 Public land use zones declared

179 Public land recreation areas declared

180 Public land recreation trails declared

181 Orders and notices

182 Order of officer

183 Maintenance and restoration of public land

184 Closure of areas

185 Restricted use of conveyances

186 Instructions of officer

187 Open fires prohibited in public land recreation areas

188 Use of firearms in public land recreation areas and trails

189 Use of motor vehicles restricted

190 Camping

191 Use of kitchen shelters

192 Prohibition respecting big game

193 Use of livestock

194 Pets of users

195 Prohibition on damage and removal of resources

196 Post no bills

197 Maintenance and restoration of land

198 Quiet and peaceful enjoyment

199 Instructions of officer

200 Prohibition

201 Directions of officer

202 No entry after order of officer

203 Waste disposal

204 Vacating campsite

205 Nuisances

206 Use of conveyances restricted

207 Pets of users

Division 2

Public Land Set Aside for Special Management

208 Zone established

Part 10

Appeals and Dispute Resolution

Definitions

Division 1

General

210 Appeals co-ordinator

211 Decisions that can be appealed

212 Who may appear

213 Grounds for appeals

Division 2

Public Lands Appeal Board

214 Public Lands Appeal Board

215 Application of certain sections

216 Notice of appeal

217 Service of notice of appeal

218 Effective date of notice of appeal

219 Rejection and notice of rejection

220 Combining notices of appeal

221 Appointment of panel

222 Remuneration

223 Composition of panel

224 Notice of hearing

225 Written submissions

226 Mediation

227 Recommendation based on parties' agreement

228 Hearing of appeal

229 Questions

230 Closing arguments

231 Adjournments

232 Costs

Division 3

Summary Appeals

Summary appeal

234 Notice of

summary appeal

Division 4

Report of Appeal Body

235 Report

236 Effect of delay

Part 11

Transitional Provisions, Consequential

Amendments, Repeals, Expiry and

Coming into Force

237 Transitional

238-243 Consequential amendments

244 Repeals

245 Expiry

246 Coming into force

Schedules

Part 1

General

Definitions

1(1) In this Regulation,

(a) "access permit" means an authorization under

section 20 of

the Act to enter on and occupy vacant public land;

(b) "Act" means the Public Lands Act;

(c) "additional rent" means additional annual rent prescribed

under

section 103(1)(

b) of the Act;

(d) "administrative penalty" means a penalty imposed under

section 171;

(e) "approval" means an instrument, other than a formal

disposition or an authorization, that is issued to a person by

or on behalf of the Department and that grants to the person

the permission or consent of the Minister, a director or an

officer that is required under the Act, the regulations or the

conditions of a formal disposition or an authorization;

(f) "authorization" means an instrument, other than a formal

disposition or an approval, by which an authorization under

section 20(1)(a), (

b) or (

e) of the Act is granted;

(g) "development" includes construction or work to clear a site,

build an access road, carry out excavations, build structures

or install equipment and any combination of these;

(h) "disposition authorizing the grazing of bison" means

(

i) a grazing disposition that is the subject of an approval

under

section 72, or

(ii) a disposition listed in

Schedule 3;

(i) "disturbance", in respect of public land, means human

activity that moves or removes one or more of the following

features of the public land or that alters or results in the

alteration of the state of one or more of those features from

the state in which it existed before the human activity

occurred, and includes any change in the intensity, frequency

or nature of the human activity:

(

i) vegetation;

(ii) soil;

(iii) subsoil;

(iv) bedrock;

(

v) landform;

(vi) wetland;

(vii) water body or watercourse;

(viii) air flow or wind currents;

(ix) ambient sound volumes;

(

x) light or shade;

(j) "disturbance standard" means a standard established under

section 3;

(k) "enforcement order" means an order under

section 59.1 of

the Act;

(l) "equivalent land capability", except in

section 127, means, in

respect of land that is the subject of a disposition, a condition

in which the ecosystem processes on the land are capable of

producing goods and services of a quality and in a quantity

that is at least equivalent to that which existed before the

disposition was issued to the holder;

(m) "footprint" means the impact or extent of a disturbance on

public land and includes the intensity, frequency and nature

of any uses or activities related to the disturbance;

(n) "forest management area" means public land that is the

subject of a forest management agreement under the Forests

Act;

(o) "formal disposition" means a disposition issued under the

Act before or after the coming into force of this Regulation

and bearing a title and number assigned by the Department

for the purposes of identifying the disposition in the records

of the Department, and includes numbered instruments

bearing the title

(

i) commercial trail riding permit,

(ii) cultivation permit,

(iii) easement,

(iv) farm development lease,

(

v) grazing lease,

(vi) grazing licence,

(vii) licence of occupation,

(viii) mineral surface lease,

(ix) miscellaneous lease,

(

x) pipeline agreement,

(xi) pipeline installation lease,

(xii) surface material lease,

(xiii) pipeline agreement,

(xiv) pipeline installation lease,

or any other instrument issued in a form prescribed under

section 6 of the Act;

(p) "grazing association" means a corporation that is the holder

of a grazing disposition for the benefit of its shareholders,

partners, principals or members;

(q) "grazing disposition" means

(

i) a grazing disposition issued under the Dispositions and

Fees Regulation (AR 54/2000) before the coming into

force of this Regulation, or

(ii) a disposition issued under

section 50(1);

(r) "provincial grazing reserve" means public land that is the

subject of a community grazing reserve established under

section 107 of the Act;

(s) "public land recreation area" means an area of public land

declared in

section 179 to be a public land recreation area

and described in

Schedule 5;

(t) "public land recreation trail" means an area of public land

declared in

section 180 to be a public land recreation trail and

described in

Schedule 6;

(u) "public land use zone" means an area of public land declared

section 178 to be a public land use zone and described in

Schedule 4;

(v) "range" means public land that is the subject of a grazing

disposition;

(w) "range development plan" means an instrument defining

goals, specific objectives and specific outcomes to be

achieved by a holder during a certain period and related to

the construction, maintenance or repair of range

improvements for the purposes of the proper use and

management of the holder's grazing disposition, including

management for the purposes of increasing or maintaining

the carrying capacity of the grazing disposition;

(x) "range improvement" means a modification to the range or to

any resource on the range for the purposes of the proper use

and management of a grazing disposition, including specific

management for the purposes of increasing or maintaining

the carrying capacity of the grazing disposition;

(y) "range improvement agreement" means an agreement

referred to in

section 79(

c) between the holder of a grazing

disposition and the Minister for the purposes of conducting

one or more range improvements under Division 2 of

Part 3;

(z) "range management plan" means an instrument defining

goals, specific objectives and specific outcomes to be

achieved by a holder during a certain period for the proper

use and management of the holder's grazing disposition;

(aa) "register" means to post an application, approval,

authorization, disposition or any other instrument in a book

or record of public lands administration maintained by or on

behalf of the Department for that purpose;

(bb) "registered fur management licence" means a registered fur

management licence issued under the Wildlife Regulation

(AR 143/97);

(cc) "stop order" means an order under

section 59.2 of the Act;

(dd) "subject land", in respect of a disposition, means public land

that is the subject of the disposition or to which the

disposition relates;

(ee) "timber disposition" means timber disposition as defined in

the Forests Act;

(ff) "vacant disposition area" means public land

(

i) on which no development is occurring or is likely to

occur for 90 days,

(ii) that is under the administration of the Minister, and

(iii) that is the subject of

(

A) an authorization, easement, miscellaneous permit,

commercial trail riding permit, pipeline agreement

or provincial grazing reserve

(

B) a licence of occupation, unless the public land is a

closed road within the meaning of

section 54.01 of

the Act,

(

C) a timber disposition,

(

D) a grazing allotment under the Forest Reserves Act,

(

E) a registered fur management licence;

(gg) "vacant public land" means a vacant disposition area or other

land that is under the administration of the Minister and that

is not the subject of a formal disposition.

(2) The following

definitions apply for the purposes of

section 114.1

of the Act:

(a) "amount of change in beneficial ownership" means, with

respect to a corporate leaseholder or corporation referred to

in clause (d), the greater of the following:

(

i) the ratio of the number of shares that have had a change

in beneficial ownership to the total number of issued

and outstanding shares of the corporate leaseholder or

corporation, calculated immediately prior to the change

in the case of a transfer or redemption of shares, and

immediately after the change in the case of an allotment

of shares;

(ii) the ratio of the number of shares that have had a change

in beneficial ownership and that provide the right to cast

votes to elect directors of the corporate leaseholder or

corporation to the total number of issued and

outstanding shares with such voting rights of the

corporate leaseholder or corporation, calculated

immediately prior to the change in the case of a transfer

or redemption of shares, and immediately after the

change in the case of an allotment of shares;

(b) "animal unit" means a cow of average weight with calf at

foot, and any variations in the proportions of an animal unit

due to age, weight and type of livestock as determined by the

Minister;

(c) "associated corporation" means

(

i) any corporation that holds shares in a corporation that

holds a grazing lease or grazing licence,

(ii) any corporation that holds shares in a corporation

referred to in subclause (i), or

(iii) any corporation that ultimately holds shares in a

corporation that holds a grazing lease or grazing

licence;

(d) "change in beneficial ownership" includes, without

limitation, any change in direct ownership, or change in

ownership through a trustee, legal representative, agent or

other intermediary, of any of the issued and outstanding

shares of

(

i) a corporation that holds a grazing lease or grazing

licence ("the corporate leaseholder"),

(ii) another corporation that holds any issued and

outstanding shares in the corporate leaseholder, or

(iii) another corporation that ultimately holds any issued and

outstanding shares in the corporation that holds a

grazing lease or grazing licence;

(e) "Zone A", "Zone B" and "Zone C" mean, respectively, Zone

A, Zone B and Zone C as shown in

Schedule 1.

Interest of disposition holder

2 Subject to the Act and this Regulation, a disposition holder has only

the estate, interest, rights and privileges expressly provided in the

disposition.

Disturbance standards

3(1) The Minister may establish disturbance standards setting the

maximum acceptable footprint that a class or combination of

(

a) activities,

(

b) uses,

(

c) dispositions, or

(

d) ancillary facilities

may have on public land or a class of public land.

(2) The Minister must not establish a disturbance standard unless the

Minister is satisfied that appropriate public consultation has first been

conducted.

(3) Where the holder of a disposition agrees to comply with a standard

that is higher than a disturbance standard applicable to the disposition,

the Minister may, by order, reduce any rental or other fees that would

otherwise be payable under the Act by the holder in respect of the

disposition.

Agreements among holders

4(1) Holders of dispositions respecting the same land and holders or

owners of adjoining land may enter into agreements respecting

(

a) activities occurring on the land that is the subject of the

dispositions or on the adjoining land,

(

b) the conduct of business by them that relates to the land that is

the subject of the dispositions or to the adjoining land,

(

c) the allocation of costs payable by or among them, or

(

d) any other matter that could be the subject of a disturbance

standard applicable to the dispositions, to the subject land or

to the adjoining land.

(2) The Minister may elect to be a party to any agreement made under

subsection (1) respecting land that is under the administration of the

Minister.

(3) If the Minister is a party to an agreement under subsection (1), the

Minister may rescind the Minister's agreement at any time on giving

one year's notice in writing to every other party to the agreement.

(4) Notice under subsection (3) may be given to a party by sending the

notice to the address provided to the Department by that party.

(5) The Minister may cancel an agreement to the extent that it relates

to public land under the administration of the Minister, whether or not

the Minister is a party to the agreement, by using the same procedure

that

section 27 of the Act sets out for the cancellation of dispositions.

Ancillary facilities

5(1) In this section, "ancillary facility" means a structure identified as

an ancillary facility in a disturbance standard.

(2) Before constructing or occupying an ancillary facility, the holder

of a formal disposition, a timber disposition or a registered fur

management licence must apply for and obtain

(

a) a disposition under subsection (3), and

(

b) any other disposition required by an applicable disturbance

standard referred to in subsection (1).

(3) The director may issue a disposition authorizing the construction

or occupation, or both, of an ancillary facility if

(

a) the proposed ancillary facility is located on the land that is

the subject of a formal disposition or a timber disposition

held by the applicant, or is located within a registered fur

management area to which a registered fur management

licence held by the applicant relates,

(

b) the proposed ancillary facility complies with all applicable

disturbance standards, and

(

c) the holder certifies that the proposed ancillary facility will be

occupied

(

i) only for the purposes for which the formal disposition,

timber disposition or registered fur management licence

was issued, and

(ii) for a total of fewer than 180 days in each calendar year

during which the formal disposition, timber disposition

or registered fur management licence is in effect.

(4) The director may issue a disposition for an ancillary facility that

was constructed and occupied before the coming into force of this

section if the requirements of subsection (3) are met.

(5) A disposition issued under this

section expires on the expiry,

cancellation, assignment, transfer or abandonment of the formal

disposition, timber disposition or registered fur management licence in

respect of which it was issued.

Sale of public land

6(1) In this section, "sell" means to transfer, as defined in the Land

Titles Act, for valuable consideration, and includes a notification issued

under

section 30 of the Act or an instrument of transfer prescribed

under the Land Titles Act.

(2) The Minister may, subject to the Act and regulations, sell public

land by public auction, private sale or tender, on the terms and

conditions the Minister considers appropriate and at a price not less

than the fair value of the land.

(3) In determining the price at which the land will be sold, the

Minister may take into consideration the purposes for which the land

will be used.

Exchange of public land

7 The Minister may, subject to the Act and regulations and any

applicable ALSA regional plan, exchange public land for other land if,

in the opinion of the Minister, adequate compensation is obtained for

the public land.

Rejection of application where certain debts owed

8 The Minister, a director or an officer, as the case may be, may

refuse an application where the applicant has a debt owing to the

Crown, or, with regard to any public land, owes arrears of taxes to a

municipality.

Application for formal disposition

9(1) An application to the director for a formal disposition

(

a) must be made in a form acceptable to the director,

(

b) must contain an accurate description, acceptable to the

director, of the land to which the application relates,

(

c) must, subject to any waiver under subsection (3), be

accompanied with all applicable fees and other charges

prescribed under

section 9.1 of the Act,

(

d) must, if the application is for a disposition under

section 5

authorizing the construction or occupation of an ancillary

facility, be accompanied with a statement in a form

acceptable to the director certifying the matters referred to in

section 5(3)(c),

(

e) must, if the application relates to public land that is already

the subject of a disposition under the Act or a timber

disposition, be accompanied with a statement of consent, in a

form acceptable to the director, that is signed by the

disposition holder or timber disposition holder,

(

f) must be accompanied with a statement, in a form acceptable

to the director, in which the applicant certifies that all

proposed developments on the land to which the application

relates will comply with all applicable disturbance limits, and

(

g) must be accompanied with any other documentation required

under

Part 3.

(2) Within 30 days after service of a notice from the director requiring

it, an applicant for a disposition must deliver to the director

(

a) security in an amount and form acceptable to the director for

the performance of some or all of the applicant's obligations

under the Act, the regulations and the disposition applied for,

and

(

b) any relevant information the director requests for the

purposes of considering the application.

(3) The director may waive the application of clause (1)(

c) for any

particular application and instead issue an invoice to the applicant for

payment of any applicable fees or charges und

Document details

Collection	Alberta — Gazette
Citation	documents gazette 2011 pdf 17 Sept15 Part2.pdf
Type	gazette
Volume / chapter	documents gazette 2011 pdf 17 Sept15 Part2.pdf
Language	en
Format	json
Source	PROVINCIAL
Identifier	f7ec3402bb381d051cb32b6f237ac286509d6262

Source file is stored in the law ingest library (json).