Alberta Regulation 76/97 Regulations Act MISCELLANEOUS REPEAL REGULATION (NO. 1) Filed: April 16, 1997 Made by the Lieutenant Governor in Council (O.C. 149/97) pursuant to section 10(1) of the Regulations Act. 1 The following regulations are repealed: (a) Regulations Guaranteeing the Land Development Loan of Stanley Kjelland (AR 349/71); (b) Department of Agriculture Services Regulations (AR 324/77); (c) Designated Drive-in Theatre Regulation (AR 280/80); (d) Regulations Under the Amusements Act (AR 369/67); (e) Alberta Dairy Development Loan Guarantee Regulation (AR 109/72); (f) Bow River Irrigation District Land Purchases Assistance Grant Regulation (AR 299/79); (g) Allowance Regulations (AR 324/74); (h) Order Reopening a Closed Highway (AR 321/77); (i) Homestead Lease Loan Regulation (AR 232/66); (j) Sale of Crown Shares Regulation (AR 386/91); (k) Olympic Commemorative Licence Plate Regulation (AR 16/87); (l) Forms Regulation (AR 466/81); (m) Buffalo Lake Metis Settlement Election Regulation (AR 175/91); (n) Standards and Regulations Ministerial Order (AR 188/67); (o) By-laws of the Alberta Association of Social Workers (AR 373/80); (p) ARs 268/67, 269/67, 300/67, 312/67, 314/67, 315/67, 316/67, 317/67, 339/67, 340/67, 341/67, 342/67, 343/67; (q) Fees to be Paid to Board Members (AR 212/70); (r) Authorization Regulation (AR 341/84); - 268 -
ALTA. REG. 76/97 REGULATIONS (s) Rescission of Designation of Projectionist Trade Regulation (AR 247/94); (t) Hospital Foundations Regulation (AR 320/84); (u) Mental Health Hospitals Financial Matters Regulation (AR 403/94); (v) Producing Area Order Duhamel Producing Area (AR 99/66) (w) Carbon Dioxide Royalty Waiver Regulation (AR 342/83); (x) Crown Petroleum Production (March, 1981) Regulation (AR 89/91); (y) Crown Petroleum Production (April, 1981) Regulation (AR 133/81); (z) Crown Petroleum Production (May, 1981) Regulation (AR 164/81); (aa) Crown Petroleum Production (June, 1981) Regulation (AR 194/81); (bb) Crown Petroleum Production (July, 1981) Regulation (AR 233/81); (cc) Crown Petroleum Production (August, 1981) Regulation (AR 262/81); (dd) Crude Oil Par Price and Royalty Factor Regulation (No. 1) (AR 156/85); (ee) Crude Oil Par Price and Royalty Factor Regulation (No. 2) (AR 191/85); (ff) Crude Oil Par Price and Royalty Factor Regulation (No. 3) (AR 255/85); (gg) Crude Oil Par Price, Select Price and Royalty Factor Regulation, 1979 (AR 267/79); (hh) AR 400/78; (ii) Pentanes Plus Royalty Factor Regulation (No. 1) (AR 155/85); (jj) Pentanes Plus Royalty Factor Regulation (No. 2) (AR 190/85); (kk) Pentanes Plus Select Price and Royalty Factor Regulation (AR 184/82); (ll) Period Extension Regulation (AR 250/87); - 269 -
ALTA. REG. 76/97 REGULATIONS (mm) Period Extension Regulation (AR 16/88); (nn) Natural Gas Pricing Order (AR 320/80); (oo) Natural Gas Pricing Order (AR 175/81); (pp) Natural Gas Pricing Order (AR 366/81); (qq) Price Adjustment Order 81-06 (AR 297/81); (rr) Price Adjustment Order 81-05 (AR 236/81); (ss) Price Adjustment Order 81-07 (AR 321/81); (tt) Price Adjustment Order 81-08 (AR 367/81); (uu) Price Adjustment Order 81-09 (AR 384/81); (vv) Price Adjustment Order 81-10 (AR 424/81); (ww) the following Levy Orders under the Take-or-pay Costs Sharing Act: ARs 441/86 21/87 129/87 130/87 151/87 231/87 285/87 317/87 357/87 394/87 436/87 467/87 526/87 18/88 52/88 92/88 119/88 145/88 179/88 203/88 233/88 268/88 332/88 346/88 402/88 24/89 52/89 76/89 107/89 129/89 154/89 188/89 200/89 229/89 252/89 284/89 339/89 16/90 40/90 77/90 117/90 140/90 163/90 207/90 282/90 307/90 325/90 352/90 397/90 23/91 58/91 100/91 172/91 204/91 240/91 269/91 297/91 325/91 355/91 384/91 437/91 58/92 89/92 136/92 150/92 185/92 232/92 256/92 272/92 299/92 323/92 363/92 410/92 39/93 60/93-270 -
ALTA. REG. 76/97 REGULATIONS 86/93 143/93 164/93 172/93 203/93 228/93 263/93 303/93 333/93 392/93 47/94 74/94 113/94 157/94 183/94 222/94 248/94 267/94 304/94 325/94 352/94 232/88 316/88 239/89 303/90 275/91 235/92 367/86 403/87 442/86 20/87 54/87 131/87 150/87 230/87 286/87 318/87 358/87 395/87 437/87 468/87 527/87 17/88 53/88 93/88 120/88 144/88 180/88 204/88 234/88 269/88 333/88 345/88 403/88 25/89 53/89 77/89 108/89 128/89 155/89 187/89 201/89 230/89 253/89 285/89 340/89 15/90 39/90 78/90 116/90 141/90 164/90 208/90 283/90 308/90 326/90 353/90 398/90 24/91 59/91 101/91 173/91 205/91 241/91 268/91 298/91 326/91 356/91 385/91 438/91 59/92 90/92 137/92 149/92 186/92 233/92 255/92 271/92 300/92 324/92 362/92 409/92 38/93 59/93 87/93 144/93 165/93 171/93 202/93 227/93 262/93 304/93 334/93 393/93 48/94 75/94 114/94 158/94 184/94 223/94 249/94 268/94 303/94 326/94 353/94-271 -
ALTA. REG. 76/97 REGULATIONS (xx) the following orders under the Natural Gas Pricing Agreement Act: ARs 1/85 2/85 17/85 43/85 65/85 104/85 136/85 177/85 360/85 405/85 23/86 52/86 100/86 151/86 192/86 11/85 12/85 13/85 18/85 94/85 95/85 223/85 166/85 224/85 227/85 285/85 301/85 341/85 369/85 408/85 39/86 71/86 125/86 165/86 204/86 252/86 269/86 291/86 326/86 350/86 374/86 (yy) Ministerial Order Designating Fire Seasons (AR 588/65); (zz) Designation of Ghost River Wilderness Area (AR 182/67); (aaa) Regulation Respecting the Anderson Family Cemetery (AR 247/73); (bbb) Regulation Respecting the Cemetery for Hobart A. Dowler and Sarah A. Dowler (AR 332/81); (ccc) Forms Regulation (AR 461/81); (ddd) Chattel Securities Registries Regulation (AR 133/84); (eee) Forms Regulation (AR 465/81); (fff) Exemption Regulation (AR 342/85); (ggg) Grants to Non-Profit Organizations Regulation (AR 154/86); (hhh) Extension of Time Regulation (AR 127/92); - 272 -
ALTA. REG. 76/97 REGULATIONS (iii) Alberta Property Tax Reduction Regulation, 1980 (AR 179/80); (jjj) City of Medicine Hat Share Purchase Approval Regulation (AR 373/90); (kkk) City of Medicine Hat Natural Gas Reserves Acquisition Regulation (AR 34/91); (lll) AR 412/81; (mmm) AR 314/74; (nnn) AR 245/77; (ooo) AR 141/60; (ppp) General Assessment Order for the Fiscal Year 1990-91 (AR 314/90); (qqq) General Assessment Order for the Fiscal Year 1991-92 (AR 99/91); (rrr) AR 174/76; (sss) Trust Companies Regulation (AR 90/85); (ttt) Special Trust Fund Regulation (AR 366/84); (uuu) Department of Agriculture Service Regulations (AR 324/77); (vvv) Alberta Small Grain Dealers Guarantee Program Regulation (AR 33/86); (www) Alberta Egg and Fowl Marketing Board Loan Guarantee Regulation (AR 121/73); (xxx) Alberta Export Agency Guarantee Regulations, 1973 (AR 303/73); - 273 -
ALTA. REG. 76/97 REGULATIONS (yyy) NARP (1987) Inc. Guarantee Regulation (AR 372/87); (zzz) Fuel Oil Licensing Regulation (AR 234/78); (aaaa) Standard Specifications for Fuel Oil Regulations (AR 248/71); (bbbb) Alberta Cattle Commission Producer Plebiscite Regulation (AR 65/94); (cccc) Alberta Cattle Commission Producer Plebiscite Financing Regulation (AR. 77/94); (dddd) Alberta Pork Producers Development Corporation Producer Plebiscite Regulation (AR 154/95); (eeee) Alberta Pork Producers Development Corporation Plan Plebiscite Regulation (AR 55/96); (ffff) Fee Regulation (AR 459/81); (gggg) Royalty Tax Credit Regulation (AR 38/91); (hhhh) Royalty Tax Credit Forms Regulation (AR 169/79); (iiii) Plebiscite Requirements for the Alberta Beekeepers Commission Plan, 1975 (AR 142/76); (jjjj) Alberta Sugar Beet Growers Marketing Plan Plebiscite Regulation (AR 263/88); (kkkk) Alberta Turkey Growers Marketing Plan Plebiscite Regulation (AR 264/88); (llll) Alberta Egg Producers Plan Plebiscite Regulation (AR 168/91); (mmmm) Potato Marketing Plan Plebiscite Regulation (AR 124/92); - 274 -
ALTA. REG. 76/97 REGULATIONS (nnnn) Alberta Vegetable Growers Marketing Plan Plebiscite Regulation (AR 327/92); (oooo) Alberta Chicken Producers Plan Plebiscite Regulation (AR 406/92); (pppp) The Canadian Co-operative Implements Limited Loan Guarantee Regulation (AR 312/78); (qqqq) 75th Anniversary Celebration Grants Regulation (AR 20/80); (rrrr) AR 355/66; (ssss) AR 238/67; (tttt) Hays Seed - Control Area Regulation (AR 74/57); (uuuu) AR 100/65; (vvvv) Alberta Potato Loan Guarantee Regulations (AR 145/72); (wwww) Regulations Governing the Alberta Fresh Vegetable Commission Loan Guarantee (AR 56/72); (xxxx) The Alberta Marketing Boards Loan Guarantee Regulations (AR 169/72); (yyyy) Alberta Small Grain Dealers Guarantee Program Regulation (AR 33/86); (zzzz) Regulations Governing the Vegetable Co-operative Loan Guarantee (AR 200/72); (aaaaa) Regulations to Provide for Government Guarantees of Loans for Drying Wet Grain Grown in 1968 (AR 89/69); (bbbbb) Forms Regulation (AR 477/81); (ccccc) Alberta Agricultural Research Trust By-laws (AR 170/75); - 275 -
ALTA. REG. 76/97 REGULATIONS (ddddd) Carlo Antonio Costanzo Exemption Regulation; (eeeee) Royalty Tax Rebate Forms Regulation (AR 167/79). ------------------------------ Alberta Regulation 77/97 Mines and Minerals Act PRESCRIBED AMOUNTS (NATURAL GAS ROYALTY) AMENDMENT REGULATION Filed: April 18, 1997 Made by the Branch Head, Gas Royalty and Mineral Tax (M.O. 8/97) pursuant to section 6 of the Natural Gas Royalty Regulation, 1994 (Alta. Reg. 351/93). 1 The Prescribed Amounts (Natural Gas Royalty) Regulation (AR 36/95) is amended by this Regulation. 2 Section 4 is amended by adding the following after subsection (26): (27) The following prices are prescribed for the February 1997 production month: Item Price Gas Reference Price Gas Par Price Pentanes Reference Price Pentanes Par Price Propane Reference Price Butanes Reference Price $2.28 per gigajoule $2.77 per gigajoule $188.69 per cubic metre $207.02 per cubic metre $128.59 per cubic metre $140.75 per cubic metre 3 Section 5 is amended by adding the following after subsection (26): (27) The following allowances per cubic metre are prescribed for the February 1997 production month: - 276 -
ALTA. REG. 77/97 MINES AND MINERALS Item Price Fractionation Allowance $7.00 Transportation Allowance (a) pentanes plus described in s6(7)(b)(i) of the Natural Gas Royalty Regulation, 1994 (AR 351/93) Region Region Region Region 1 2 3 4 $4.21 $8.02 $9.60 $7.16 (b) propane and butanes described in s6(7)(b)(ii) of the Natural Gas Royalty Regulation, 1994 (AR 351/93) (c) pentanes plus, propane and butanes described in s6(7)(b)(iii) of the Natural Gas Royalty Regulation, 1994 (AR 351/93) $6.65 $8.39 $5.62 $4.91 $6.75 $7.67 $13.17 $12.24 Storage Allowance for pentanes plus, propane and butanes $ 0.00 ------------------------------ Alberta Regulation 78/97 Financial Administration Act EXEMPTION AMENDMENT REGULATION Filed: April 24, 1997 Made by the Lieutenant Governor in Council (O.C. 155/97) pursuant to section 2 of the Financial Administration Act. 1 The Exemption Regulation (AR 269/94) is amended by this Regulation. 2 Schedule B is amended by adding the following before The Government House Foundation : Foundations established under the Health Foundations Act. - 277 -
Alberta Regulation 79/97 Social Development Act SOCIAL ALLOWANCE AMENDMENT REGULATION Filed: April 24, 1997 Made by the Lieutenant Governor in Council (O.C. 161/97) pursuant to section 30 of the Social Development Act. 1 The Social Allowance Regulation (AR 213/93) is amended by this Regulation. 2 Section 26.1(1)(a) is amended by striking out $10.00 a day and substituting $15.00 a day. 3 This Regulation comes into force on the date on which it is filed but is effective in respect of treatment provided on and after April 1, 1997. ------------------------------ Alberta Regulation 80/97 Motor Vehicle Accident Claims Act GENERAL AMENDMENT REGULATION Filed: April 30, 1997 Made by the Lieutenant Governor in Council (O.C. 171/97) pursuant to section 31 of the Motor Vehicle Accident Claims Act. 1 The General Regulations (AR 227/77) are amended by this Regulation. 2 Section 1 is repealed and the following is substituted: 1 In these Regulations, (a) Act means the Motor Vehicle Accident Claims Act; (b) Fund means the General Revenue Fund. 3 Section 4(3)(b) is amended by striking out Writ of Execution and substituting writ of enforcement. - 278 -
ALTA. REG. 80/97 MOTOR VEHICLE ACCIDENT CLAIMS 4 Sections 6 and 7 are repealed and the following is substituted: 8 The amount that is prescribed for the purposes of section 11(2) and (4) of the Act in respect of an accident that occurs on or after June 1, 1997 is $200 000 excluding costs. 5 The Schedule is amended (a) by repealing section 3; (b) in section 5 by striking out section 5, 6, 7 or 9 and substituting section 6, 7 or 9. 6 This Regulation comes into force on June 1, 1997. ------------------------------ Alberta Regulation 81/97 Regulations Act REGULATIONS ACT AMENDMENT REGULATION Filed: April 30, 1997 Made by the Lieutenant Governor in Council (O.C. 172/97) pursuant to section 8(1)(e) of the Regulations Act. 1 The Regulations Act Regulation (AR 282/89) is amended by this Regulation. 2 Section 20 is amended (a) by renumbering it as section 20(1); (b) in subsection (1)(f) by striking out 73 and substituting 74 ; (c) by adding the following after subsection (1)(o): (p) all orders made by the Lieutenant Governor in Council under section 7 of the Provincial Parks Act; (q) all regulations made by the Lieutenant Governor in Council under section 3.1 or 12.1 of the Wilderness Areas, Ecological Reserves and Natural Areas Act; - 279 -
ALTA. REG. 81/97 REGULATIONS (r) all orders of the Minister under section 3(1), 7, 14(1) or 28(1) of the Public Highways Development Act; (s) all orders of the Lieutenant Governor in Council under section 25(1) of the Public Works Act; (t) all orders of a Minister prescribing a maximum speed under the Highway Traffic Act; (u) all orders of the Minister under section 6 of the Natural Gas Royalty Regulation, 1994 (Alta. Reg. 351/93); (v) all orders of the Minister under section 1.1 of the Petroleum Royalty Regulation (Alta. Reg. 248/90); (w) all orders of the Minister under section 5.2(3) of the Alberta Corporate Tax Regulation (Alta. Reg. 105/81); (x) all by-laws made under the Teaching Profession Act, except by-laws referred to in section 27(1); (y) all rules made under the Legal Profession Act; (z) all Regulations made under section 18(1)(b) of the Court of Queen s Bench Act. (d) by adding the following after subsection (1): (2) An order or regulation referred to in subsection (1)(p) or (q) must be published in Part I of The Alberta Gazette. (3) An order or regulation referred to in subsection (1)(p) or (q) that was made before the coming into force of this subsection and was published in Part II of The Alberta Gazette shall be considered to have been published within the meaning of subsection (2). 3 This Regulation comes into force on June 1, 1997. - 280 -
ALTA. REG. 82/97 ENVIRONMENTAL PROTECTION AND ENHANCEMENT ------------------------------ Alberta Regulation 82/97 Environmental Protection and Enhancement Act LUBRICATING OIL MATERIAL RECYCLING AND MANAGEMENT REGULATION Filed: April 30, 1997 Made by the Lieutenant Governor in Council (O.C. 173/97) pursuant to section 168 of the Environmental Protection and Enhancement Act. Table of Contents Definitions 1 Designated material 2 Management board established 3 Annual report 4 Registration 5 Cancellation and suspension of registration 6 Prohibition 7 By-laws 8 Notice to Minister 9 Offence 10 Expiry Expiry 11 Coming into Force Coming into force 12 Definitions 1 In this Regulation, (a) Act means the Environmental Protection and Enhancement Act; (b) Association means the Alberta Used Oil Management Association; (c) by-law means a by-law made by the Association under section 8; (d) end user means a person who purchases and uses lubricating oil material or equipment containing lubricating oil for its intended use; - 281 -
ALTA. REG. 82/97 ENVIRONMENTAL PROTECTION AND ENHANCEMENT (e) filter means any spin-on or element style fluid filter that is used in hydraulic or internal combustion engine applications, but does not include a gasoline fuel filter; (f) lubricating oil means petroleum-derived or synthetic crankcase oil, engine oil, hydraulic fluid, transmission fluid, gear oil, heat transfer fluid or other oil or fluid used for lubricating purposes in machinery or equipment; (g) lubricating oil material means lubricating oil, oil containers and filters; (h) Minister means the Minister of Environmental Protection; (i) oil container means a container in which lubricating oil is supplied and that has a capacity of 30 litres or less; (j) supplier means (i) a manufacturer of lubricating oil material who supplies the manufacturer s own brand of lubricating oil material to (A) a jobber, (B) a retailer, or (C) the end user; (ii) a marketer who supplies lubricating oil material to (A) a jobber, (B) a retailer, or (C) the end user, where the lubricating oil material was manufactured for the marketer by another person and the marketer owns the brand; (iii) a marketer who supplies lubricating oil material to (A) a jobber, (B) a retailer, or (C) the end user, where the lubricating oil material was manufactured for the marketer by another person and the marketer is the licensee of the brand; (iv) a wholesaler, including a retail distributor, who supplies lubricating oil material to - 282 -
ALTA. REG. 82/97 ENVIRONMENTAL PROTECTION AND ENHANCEMENT (A) a jobber, (B) a retailer, or (C) the end user; (v) a jobber who supplies lubricating oil material that the jobber has imported into Alberta to (A) a retailer, or (B) the end user; (vi) a retailer who supplies to the end user lubricating oil material that the retailer has imported into Alberta; (vii) a wholesale equipment supplier who supplies equipment to (A) its dealers, or (B) the end user of the equipment, where, as part of the transaction, lubricating oil material is also supplied; (k) supply means a sale or other transfer. Designated material 2 Lubricating oil material is hereby designated as designated material for the purposes of Part 9, Division 1 of the Act. Management board established 3 The Alberta Used Oil Management Association, being a society incorporated under the Societies Act, is hereby established as a management board within the meaning of section 168(ff) of the Act. Annual report 4(1) The Association shall (a) not less than 30 days before the start of each fiscal year provide to the Minister a business plan for the Association that indicates its goals for the coming fiscal year, and (b) not more than 6 months after the end of each fiscal year provide to the Minister an annual report summarizing the activities of the Association and containing the audited financial statements of the Association for the fiscal year. (2) The remuneration and benefits that were paid to (a) all members of the board of directors of the Association, and - 283 -
ALTA. REG. 82/97 ENVIRONMENTAL PROTECTION AND ENHANCEMENT (b) all management personnel who report directly to one or more of the members of the board of directors during the fiscal year must be reported in the financial statements or as a note or schedule to the financial statements. (3) The remuneration and benefits must be reported (a) on an individual basis by name in the case of the persons referred to in subsection (2)(a), and (b) on an aggregate basis in the case of the persons referred to in subsection (2)(b). (4) The Minister is authorized to disclose personal information reported under this section, and this subsection constitutes an authorization for the purposes of section 38(1)(e) of the Freedom of Information and Protection of Privacy Act. Registration 5(1) Every (a) supplier, and (b) end user who imports lubricating oil material into Alberta for the end user s own business use shall apply to the Association to be registered. (2) An application referred to in subsection (1) shall be made in the form and manner prescribed in the by-laws. Cancellation and suspension of registration 6(1) The Association may cancel or suspend the registration of a registrant if the registrant contravenes the Act, this Regulation or the by-laws. (2) The Association may cancel the registration of a registrant if the registrant ceases to carry on business or applies to surrender his certificate of registration. (3) A person who ceases to be a registrant by virtue of subsection (1) or (2) or whose certificate of registration is under suspension shall forthwith surrender the certificate of registration to the Association. Prohibition 7 No person shall act as a supplier or as an end user within the meaning of section 5(1) unless the person is registered and the registration is not under suspension. - 284 -
ALTA. REG. 82/97 ENVIRONMENTAL PROTECTION AND ENHANCEMENT By-laws 8(1) The Association may make by-laws (a) classifying lubricating oil material for the purposes of the by-laws; (b) providing for the establishment, operation and winding-up by the Association of an industry operated recycling fund in respect of lubricating oil materials, including, without limitation, by-laws (i) prescribing the manner in which and the purposes for which money in the fund may be used; (ii) providing for the imposition of surcharges by the Association in respect of transactions in lubricating oil materials by registrants and providing for all matters related to the payment of those surcharges and the collection of them by the Association, including without limitation, (A) prescribing the amounts of the surcharges and prescribing which registrant or class of registrant must pay, collect and remit the surcharges, (B) governing the reports and returns to the Association that must be made by registrants, (C) providing for interest charges on late payment of the surcharges, and (D) providing for the assessment by the Association of surcharge amounts owing; (c) governing registration of registrants, including prescribing the amount of any registration fee; (d) requiring an applicant for registration or a registrant (i) to provide security to the Association, or (ii) to provide to the Association evidence of security in a form and amount that is acceptable to the Association for the purpose of ensuring that the applicant or registrant exercises the powers and carries out the duties of registrant in accordance with the Act, this Regulation and the by-laws; (e) protecting the confidentiality of information provided by applicants for registration and registrants; (f) respecting the keeping of records by registrants in respect of transactions in lubricating oil material, and the making of those - 285 -
ALTA. REG. 82/97 ENVIRONMENTAL PROTECTION AND ENHANCEMENT records available for inspection by the Association and representatives of the Department of Environmental Protection; (g) exempting supply transactions from any or all of the requirements of the by-laws; (h) respecting any other matter related to the administration of this Regulation by the Association. (2) The Regulations Act applies to by-laws under subsection (1). Notice to Minister 9 Where the Association proposes to change its objects or by-laws under the Societies Act, it shall give reasonable prior notice of the nature of the proposed changes to the Minister. Offence 10 A person who contravenes section 6(3) or 7 is guilty of an offence and liable to a fine of not more than (a) $50 000 in the case of an individual, or (b) $500 000 in the case of a corporation. Expiry Expiry 11 For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be re-passed in its present or an amended form following a review, this Regulation expires on June 30, 2002. Coming into Force Coming into force 12(1) This Regulation, except section 7, comes into force on the date on which it is filed. (2) Section 7 comes into force on July 1, 1997. - 286 -
ALTA. REG. 83/97 WILDLIFE ------------------------------ Alberta Regulation 83/97 Wildlife Act ALBERTA PROFESSIONAL OUTFITTERS SOCIETY DELEGATED AUTHORITY REGULATION Filed: April 30, 1997 Made by the Lieutenant Governor in Council (O.C. 174/97) pursuant to section 96 of the Wildlife Act and section 97(1)(c) as incorporated by Wildlife Amendment Act, 1996. Table of Contents Interpretation 1 Establishment of delegated authority, and delegated functions 2 Annual report and business plan 3 Charge for Society s services 4 Remittance of fees 5 Returns and information 6 Holding of prescribed fees in trust 7 Cancellations and suspensions 8 Agreements for service 9 By-laws 10 Notice of objects or by-law changes 11 Transitional Provisions Transitional 12 Consequential Amendments Consequential amendments 13 Expiry Expiry 14 Interpretation 1(1) In this Regulation, (a) allocation means an allocation within the meaning of section 20.1 of the General Wildlife (Ministerial) Regulation; (b) by-laws means the by-laws made by the Society under section 10; (c) fiscal year means the fiscal year of the Society, as specified in the by-laws. - 287 -
ALTA. REG. 83/97 WILDLIFE (2) Unless a contrary intention appears in this Regulation, an expression defined in another regulation has the same meaning in this Regulation. Establishment of delegated authority, and delegated functions 2(1) The Alberta Professional Outfitters Society, being a society incorporated under the Societies Act, is hereby established for the purposes of this Regulation as a delegated authority referred to in section 97(1)(c) of the Act (as established by section 71 of the Wildlife Amendment Act, 1996 in advance of the proclamation of that amendment Act in general). (2) The Society is hereby delegated the following powers, duties and functions to be carried out in accordance with the Act, the regulations and the objects and by-laws of the Society: (a) the issue of outfitter-guide permits; (b) the distribution, including transfers, of allocations; (c) the issue of non-resident alien big game hunting licences; (d) the collection of fees for licences, permits and allocations; (e) the designation and qualification of guides; (f) the cancellation and suspension of licences, permits and designations as guides, issued by the Society; (g) establishment of the kinds of protection of deposits required by section 19(2) of the General Wildlife (Ministerial) Regulation. Annual report and business plan 3(1) The Society shall, (a) at least 30 days before the beginning of each fiscal year, provide to the Minister a business plan for the Society that indicates its goals for the coming fiscal year, and (b) not more than 6 months after the end of each fiscal year, provide to the Minister an annual report summarizing the Society s activities and containing its audited financial statements for that fiscal year. (2) The remuneration and benefits that were paid or provided to (a) each director, within the meaning of section 1 of the Societies Act, of the Society, and (b) all management personnel who report directly to one or more of such directors during a fiscal year, must be reported in the financial statements for that fiscal year or as a note or schedule to those financial statements. (3) The remuneration and benefits must be reported - 288 -
ALTA. REG. 83/97 WILDLIFE (a) on an individual basis by name in the case of the persons referred to in subsection (2)(a), and (b) on an aggregate basis in the case of the persons referred to in subsection (2)(b). (4) The Minister may disclose personal information, within the meaning of the Freedom of Information and Protection of Privacy Act, reported under this section, and this subsection constitutes an authorization for the purposes of section 38(1)(e) of that Act. Charge for Society s services 4(1) The Society may establish a charge to be paid, in addition to any prescribed licence, permit or allocation fee, by its prospective holder or by a prospective designated guide. (2) The charge is to be paid before the licence, permit or allocation is issued or before the designation as a guide is given, as the case may be. (3) The charge is a fee for services reflecting the costs incurred by the Society in undertaking its powers, duties and functions under this Regulation. Remittance of fees 5 The Society shall, in accordance with an agreement (if any) with the Minister, remit the prescribed licence, permit or allocation fees collected by it. Returns and information 6 The Society shall make such returns and provide such information to the Minister as the Minister requires, outlining the services that the Society has performed pursuant to section 2(2). Holding of prescribed fees in trust 7 The Society holds all prescribed licence, permit and allocation fees collected by it in trust for the Crown. Cancellations and suspensions 8 The Society may cancel or suspend a licence, permit or designation as a guide issued by it in accordance with the by-laws. Agreements for service 9 The Society may enter into agreements with the Minister to provide any further administrative services that may be required under the Act. By-laws 10 The Society may make by-laws (a) setting the charges for services provided by it, (b) establishing the form of any licence, permit, allocation or designation as a guide to be issued by it, - 289 -
ALTA. REG. 83/97 WILDLIFE (c) respecting the provision of guiding services, including qualifications, restrictions and rights to enter into agreements to provide such services, (d) respecting the manner in which allocations are to be distributed and transferred, (e) respecting the manner in which licences, permits and designations as guides issued by it may be suspended or cancelled, (f) respecting the protection for deposits to be provided under section 19(2) of the General Wildlife (Ministerial) Regulation, and (g) specifying the Society s fiscal year. Notice of objects or bylaw changes 11 When the Society proposes to change its objects or by-laws under the Societies Act, it shall give reasonable prior notice of the nature of the proposed changes to the Minister. Transitional Provisions Transitional 12 All terms and conditions of allocations issued before the commencement of this section and still subsisting are to be administered and maintained by the Society. Consequential Amendments Consequential amendments 13(1) The General Wildlife Regulation (AR 50/87) is amended in accordance with this section. (2) Section 1(1) is amended (a) by adding the following after clause (j): (j.1) designation as a guide means a designation by the Minister of a guide pursuant to section 18(1) of the General Wildlife (Ministerial) Regulation; (b) by adding the following after clause (ii.1): (ii.15) Society means the Alberta Professional Outfitters Society referred to in section 2(1) of the Alberta Professional Outfitters Society Delegated Authority Regulation; (3) Section 2(3)(a) is repealed and the following is substituted: - 290 -
ALTA. REG. 83/97 WILDLIFE (a) is designated as a guide, or (4) Section 17(4)(a)(iii) is repealed and the following is substituted: (iii) number relating to his designation as a guide, or (5) Section 26 is amended (a) by repealing subsection (1) and substituting the following: Guides 26(1) Subject to this section, at any one time (a) a person designated as a guide may guide not more than 2 licensed non-resident or non-resident alien hunters in any part of Alberta, and (b) the holder of a class C guide s licence may guide not more than 2 licensed non-resident or non-resident alien hunters named in his licence in any part of Alberta to hunt wolf, coyote and the big game that those hunters are licensed to hunt. (b) by repealing subsection (2); (c) in subsections (3) and (5) by striking out class A or class B guide s licence and substituting designation as a guide. (6) Section 27 is amended by striking out the holder of a and substituting a person designated as a guide or the holder of a class C. (7) Section 28(4) is amended by striking out $100 and substituting $0. (8) Section 28.2 is amended (a) by repealing subsection (1)(b); (b) in subsection (2) by striking out $275 and substituting $255 ; (c) by repealing subsection (3)(a) and (b) and substituting the following: (a) when acquired pursuant to a non-competitive process pursuant to section 20.1(2) of the General Wildlife - 291 -
ALTA. REG. 83/97 WILDLIFE (Ministerial) Regulation, is an amount equal to the minimum allocation selection fee; (b) when acquired pursuant to a competitive process pursuant to section 20.1(2) of the General Wildlife (Ministerial) Regulation, is an amount equal to the greater of (i) the amount of the minimum allocation selection fee, and (ii) the amount established through the competitive process. (d) in subsections (5) and (6) (i) by striking out $75 wherever it occurs and substituting $55 ; (ii) by striking out $100 wherever it occurs and substituting $80 ; (iii) by striking out $125 wherever it occurs and substituting $105 ; (iv) by striking out $150 wherever it occurs and substituting $130 ; (e) by repealing subsection (7); (f) in subsection (8)(b) by striking out or (6). (9) Sections 29 and 29.1 are repealed and the following is substituted: Exemption from s43 of the Act Exemption from s26(3) of the Act 29 A person, other than a resident, is exempt from the application of section 43 of the Act while hunting when accompanied by a person designated as a guide. 29.1 A person providing guiding services to another person is exempt from the application of section 26(3) of the Act (a) while that other person is hunting wildlife other than big game, wolf or coyote, or (b) if the first-mentioned person is designated as a guide. (10) Schedule 5 is amended (a) in Part 1 (i) in Item 44 by striking out 21.55 and substituting 6.55 ; - 292 -
ALTA. REG. 83/97 WILDLIFE (ii) in Item 56 by striking out 293.51 and substituting 278.51 ; (iii) in Item 61 by striking out 80.75 and substituting 65.75 ; (iv) in Item 62 by striking out 235.24 and substituting 220.24 ; (v) in Item 63 by striking out 176.73 and substituting 161.73 ; (vi) in Item 64 by striking out 176.73 and substituting 161.73 ; (vii) in Item 65 by striking out 235.24 and substituting 220.24 ; (viii) in Item 66 by striking out 235.24 and substituting 220.24 ; (ix) in Item 67 by striking out 212.74 and substituting 197.74 ; (b) in Part 3 (i) in Item 2 by striking out 100 and substituting FREE ; (ii) by repealing Items 11 and 12. Expiry Expiry 14 For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be re-passed in its present or an amended form following a review, this Regulation expires on October 1, 2001. - 293 -
ALTA. REG. 84/97 WILDLIFE ------------------------------ Alberta Regulation 84/97 Wildlife Act GENERAL WILDLIFE (MINISTERIAL) AMENDMENT REGULATION Filed: April 30, 1997 Made by the Minister of Environmental Protection (M.O. 2/97) pursuant to section 96 of the Wildlife Act (as established by section 71 of the Wildlife Amendment Act, 1996). 1 The General Wildlife (Ministerial) Regulation (AR 95/87) is amended by this Regulation. 2 Section 18 is amended (a) by repealing subsection (1) and substituting the following: Guide s licence 18(1) The Minister may designate as a guide only an adult resident or non-resident who is a Canadian citizen or admitted to permanent residence in Canada. (b) by repealing subsections (2), (4) and (4.1). 3 Section 19 is amended (a) by repealing subsection (1)(a) and substituting the following: (a) to an individual who holds a first aid certificate, is designated as a guide and has held (i) a class A or class B guide s licence under the regulations as they existed before January 28, 1997, (ii) a designation as a guide, or (iii) a combination of the guide s licence referred to in subclause (i) and a designation as a guide, for any period of, or 2 or more periods aggregating, not less than 12 months, or (b) by repealing subsection (1)(b)(i) and substituting the following: (i) at least one of the officers of the corporation holds a first aid certificate, is designated as a guide and has held - 294 -
(A) a class A or class B guide s licence under the regulations as they existed before January 28, 1997, (B) a designation as a guide, or (C) a combination of the guide s licence referred to in paragraph (A) and a designation as a guide, for any period of, or 2 or more periods aggregating, not less than 12 months, and (c) by repealing subsection (2) and substituting the following: (2) No permit may be issued under subsection (1) unless the applicant demonstrates to the satisfaction of the Minister that any deposits furnished by persons to whom guiding services are to be provided are protected. 4 Section 20.1 is amended (a) by repealing subsection (4); (b) in subsection (5) by striking out may only be allocated and substituting allocation may only be issued ; (c) by repealing subsections (6), (7) and (9). 5 Section 21(1) is repealed and the following is substituted: Surrender and reallocation of allocations 21(1) Subject to this section, an allocation may be transferred as provided for by the Minister. ERRATUM Alberta Regulation 66/97 as published in The Alberta Gazette of April 15, 1997 (vol. 93 no. 7 p. 208) contains a typographical error in the title of the Regulation. The title should read: WAREHOUSING OCCUPATION AMENDMENT REGULATION. - 295 -