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AR 288/99 REGULATIONS ACT REGULATION

(Consolidated up to 89/2013)

ALBERTA REGULATION 288/99

Regulations Act

REGULATIONS ACT REGULATION

Table of Contents

                1       Definitions

Filing Requirements

                2       Filing

                3       Regulation Impact Report

                4       Requirement for approval

                5       Information required

Revised Regulations

                6       Authority to revise

                7       Revision powers

                8       Approval

                9       Application of provisions


General

              10       Citation

              11       Availability for inspection

              12       Publication

              13       Corrections

              14       Replacement by duplicate

              15       Registrars records

              16       Discharge of filing

              17       Exemptions from Act

              18       Repeal

              20       Coming into force

Definitions

1   In this Regulation,

                                 (a)    “Act” means the Regulations Act;

                                 (b)    “Minister” means, in sections 6, 8 and 16, the Minister of Justice and Solicitor General;

                                 (c)    “revised regulation” means a regulation that is consolidated and revised in accordance with sections 6 to 8.

AR 288/99 s1;108/2004;170/2012

Filing Requirements

Filing

2(1)  A regulation is filed under the Act when the registrar

                                 (a)    has endorsed on the instrument making the regulation the number assigned, the day, month and year of filing and the word “filed”, and

                                 (b)    has signed the instrument making the regulation.

(2)  The registrar may determine the manner of assigning numbers under subsection (1).

AR 288/99 s2;220/2000

Regulation Impact Report

3(1)  In this section,

                                 (a)    “regulation” means a regulation that is required to be filed under the Act;

                                 (b)    “Regulation Impact Report” means the report approved by the Chair of the Regulatory Review Secretariat for the purpose of this section.

(2)  The registrar must refuse to file a regulation if a Regulation Impact Report for that regulation has not been submitted to and approved by the Chair of the Regulatory Review Secretariat or the Chair’s designate, unless

                                 (a)    the regulation is, in the opinion of the Chair or designate, minor or non‑regulatory in nature,

                                 (b)    the Chair or designate is satisfied that there has been an evaluation process similar to that contained in a Regulation Impact Report,

                                 (c)    the regulation was consolidated and revised under section 6,

                                 (d)    the regulation was made under section 10 of the Act, or

                                 (e)    in any other case, the Chair or Acting Chair of the Executive Council approves that the regulation may be filed without a Regulation Impact Report being submitted and approved.

(3)  A regulation that is filed in accordance with an approval under subsection (2)(e) expires 6 months after it is filed unless a Regulation Impact Report for that regulation is subsequently submitted to and approved by the Chair of the Regulatory Review Secretariat or the Chair’s designate prior to the expiry.

AR 288/99 s3;105/2005

Requirement for approval

4(1)  If a regulation is required by law to be approved by a person or body other than the person or body that made it, the registrar must refuse to file the regulation if the registrar does not receive both the regulation and the approval.

(2)  The approval must be endorsed on or attached to the regulation.

Information required

5(1)  The registrar may refuse to file a regulation

                                 (a)    if the following is not shown on the face of the regulation,  the instrument making the regulation or the certificate referred to in clause (b)(ii), or (iii):

                                           (i)    the provision of the enactment authorizing the making of the regulation;

                                          (ii)    the name of the person or body by whom the regulation was made;

                                         (iii)    the date on which the regulation was made;

                                 (b)    if the regulation is not accompanied with

                                           (i)    the original instrument that made the regulation,

                                          (ii)    a copy of that instrument certified by a person referred to in subsection (2), or

                                         (iii)    a certificate completed by a person referred to in subsection (2) that states that the regulation was made by the person or body named in the certificate on the date specified in the certificate;

                                 (c)    if the regulation has not been reviewed by the registrar or a person designated by the registrar before it has been made;

                                 (d)    if the registrar is of the opinion that the regulation or any part of it does not conform to the drafting practices of the Legislative Counsel Office;

                                 (e)    if the regulation contains a map, form or illustration

                                           (i)    that is in any colour other than white, black or grey, or

                                          (ii)    that cannot be legibly reproduced in The Alberta Gazette.

(2)  The persons who may give a certificate for the purposes of subsection (1)(b)(ii) or (iii) are

                                 (a)    in the case of a regulation made by the Lieutenant Governor in Council, the Clerk of the Executive Council or a person designated by the Clerk,

                                 (b)    in the case of a regulation made by a Minister, the Minister  or the Minister’s Deputy Minister or Assistant Deputy Minister,

                                 (c)    in the case of a regulation made by a corporation, board, commission, association or other similar body, its chair, presiding officer or secretary or the officer of that body who has charge of the records of the body, and

                                 (d)    in any other case, a person who, in the opinion of the registrar, is competent to give the certificate.

Revised Regulations

Authority to revise

6   In accordance with this Regulation, the Chief Legislative Counsel, under the general supervision of the Minister, may consolidate and revise regulations.

Revision powers

7(1)  In this section, “enactment” means a regulation or part of a regulation.

(2)  In consolidating and revising regulations, the Chief Legislative Counsel may

                                 (a)    omit and provide for the repeal of any enactment that is inoperative, obsolete, expired or otherwise ineffective or that the Chief Legislative Counsel considers is superseded by or inconsistent with any subsequent enactment;

                                 (b)    consolidate 2 or more enactments into one, divide an enactment into 2 or more enactments and transfer provisions from one enactment to another;

                                 (c)    make any minor amendments that are necessary to bring out more clearly what is considered to be the intention of the regulation making authority or to reconcile seemingly inconsistent enactments;

                                 (d)    revise and alter language so as to give better expression to the meaning of an enactment but not so as to change the meaning of the enactment;

                                 (e)    alter the numbering and arrangement of any enactment, add, change or omit any heading in or title of any enactment and make any alterations in language and punctuation that are desirable to obtain a uniform mode of expression.

Approval

8(1)  When the consolidation and revision of a regulation is completed, the Chief Legislative Counsel must submit it to the Minister for ratification.

(2)  When ratified by the Minister, a revised regulation forms part of a Revised Regulations Roll to be maintained by the Chief Legislative Counsel as the originals of the revised regulations.

(3)  A copy of each regulation forming part of the Revised Regulations Roll, certified to be a true copy by the Chief Legislative Counsel, must be filed under the Act with the registrar and, for the purpose of section 2 of this Regulation, the instrument making the regulation is the Chief Legislative Counsel’s certificate.

Application of provisions

9(1)  Sections 3 to 5 and 12(1) do not apply to revised regulations.

(2)  Except as provided in section 9 of the Act and this section, the Act and this Regulation apply to each revised regulation in the same manner as they apply to other regulations.

General

Citation

10   A regulation may be cited by either or both of the following:

                                 (a)    its title;

                                 (b)    “AR” followed by its number.

Availability for inspection

11   Each regulation must be made available during normal business hours for inspection after it has been filed.

Publication

12(1)  When publishing a regulation in The Alberta Gazette, the registrar is not required to publish the instrument making the regulation but the registrar must  indicate

                                 (a)    the authority under which the regulation purports to be made,

                                 (b)    the person or body who made the regulation, and

                                 (c)    the date and identifying number, if any, of the instrument making the regulation.

(2)  When publishing a regulation that is required by law to be approved by a person or body other than the person or body that made it, the registrar need not publish the approval, but the registrar must publish with the regulation a statement that indicates

                                 (a)    that the regulation was approved,

                                 (b)    the person who approved the regulation, and

                                 (c)    the date on which the regulation was approved.

(3)  In the case of a revised regulation, the registrar must publish with the regulation a statement that indicates that the regulation is a revised regulation and the name and citation of the regulation it replaces.

Corrections

13(1)  If it appears to the registrar

                                 (a)    that the instrument making a regulation that is filed with the registrar or is presented to the registrar for filing contains an error, or

                                 (b)    that an endorsement referred to in section 2 or 15(2) has been omitted or has been improperly made,

the registrar may make any necessary corrections, alterations or cancellations so that the error is corrected, or so that the endorsement will be in accordance with the facts, as the case may be.

(2)  In making a correction, alteration or cancellation, the registrar

                                 (a)    must not erase or render illegible the original wording or endorsement,

                                 (b)    must make a memorandum indicating the date on which the correction, alteration or cancellation was made, and

                                 (c)    must initial a correction, alteration, or cancellation so made.

Replacement by duplicate

14(1)  The registrar may replace a regulation, or a document filed with a regulation, that is worn or damaged beyond repair.

(2)  When a regulation or document is replaced, the registrar must attach to, or endorse on, the replacement copy an affidavit made by the registrar and stating that the replacement copy is a true copy of the original of which it purports to be a true copy.

(3)  The registrar must preserve the original of every regulation, document or replacement copy so replaced.

Registrar's records

15(1)  The registrar must keep on file a copy of every report made by the registrar under section 5(2) of the Act and of every approval or order given or made pursuant to section 5(4) or (5) of the Act.

(2)  When, pursuant to section 5(4) or (5) of the Act, a regulation is filed on the order or with the approval of the Lieutenant Governor in Council, the registrar must endorse on the instrument making the regulation a memorandum of the circumstances and the date and must sign it.

Discharge of filing

16   The registrar may, on the authorization of the Minister, discharge the filing of any instrument filed with the registrar where

                                 (a)    the instrument is not a regulation within the meaning of the Act,

                                 (b)    the Act does not apply to the instrument by reason of an exemption or other statement to that effect in an enactment,

                                 (c)    there is no longer any statutory authority for the instrument, or

                                 (d)    the instrument is inoperative, obsolete or expired or otherwise has no effect.

Exemptions from Act

17(1)  The following are exempt from the application of the Act:

                                 (a)    bylaws made under the Provincial Health Authorities of Alberta Act;

                                 (b)    all rules and orders made under the Oil and Gas Conservation Act, other than rules made under sections 10(1), 35, 58 and 59 of that Act;

                                 (c)    all rules and orders of the Alberta Energy Regulator under a provision of the Oil and Gas Conservation Act set out in clause (b);

                                 (d)    all orders of the Alberta Energy Regulator made pursuant to a rule made under the Turner Valley Unit Operations Act;

                                 (e)    all orders of the Alberta Utilities Commission made under the Oil and Gas Conservation Act;

                                 (f)    all regulations made under the Financial Administration Act, other than regulations made under sections 2 and 71 of that Act;

                                 (g)    all regulations made by a producer board constituted under the Marketing of Agricultural Products Act that relate to the determination, fixing, alteration or cancellation of prices respecting any product regulated by the producer board;

                                 (h)    repealed AR 183/2011 s1;

                                  (i)    all regulations made under the Public Service Act;

                                  (j)    all rules of the Registrar of the Metis Settlements Land Registry made under section 60 of the Metis Settlements Land Registry Regulation (AR 361/91);

                                 (k)    all regulations made under section 229(1) of the Metis Settlements Act;

                                  (l)    repealed AR 183/2011 s1;

                               (m)    all orders made by the Lieutenant Governor in Council under section 6 of the Provincial Parks Act;

                                 (n)    repealed AR 210/2007 s2;

                                 (o)    repealed AR 33/2011 s4;

                                 (p)    all orders of the Lieutenant Governor in Council under section 25(1) of the Public Works Act;

                                 (q)    all orders of a Minister prescribing a maximum speed under the Traffic Safety Act;

                                  (r)    all orders of the Minister under section 6 of the Natural Gas Royalty Regulation, 2002 (AR 220/2002) and section 7 of the Natural Gas Royalty Regulation, 2009;

                                 (s)    all orders of the Minister under section 1.1 of the Petroleum Royalty Regulation (AR 248/90) or section 5 of the Petroleum Royalty Regulation, 2009;

                              (s.1)    all orders of the Minister under section 8 of the Oil Sands Royalty Regulation, 2009;

                              (s.2)    all orders of the Minister under section 2(3) of the Oil Sands Allowed Costs (Ministerial) Regulation (AR 231/2008);

                              (s.3)    all orders of the Minister under section 1(4) of the Bitumen Valuation Methodology (Ministerial) Regulation (AR 232/2008);

                                  (t)    repealed AR 119/2008 s8;

                                 (u)    all bylaws made under the Teaching Profession Act, except bylaws referred to in section 28(1);

                                 (v)    all rules and resolutions made under the Legal Profession Act;

                                (w)    all regulations made under section 28.1(1)(a)(ii) of the Judicature Act;

                                 (x)    all orders of the Minister made under section 4 of the Court Agents Regulation (AR 68/2001).

(2)  Repealed AR 254/2007 s43.

(3)  An order or regulation referred to in subsection (1)(m) must be published in Part I of The Alberta Gazette.

(4)  An order or regulation referred to in subsection (1)(m) that was made before the coming into force of this subsection and was published in Part II of The Alberta Gazette is considered to have been published within the meaning of subsection (3).

AR 288/99 s17;251/2001;26/2002;5/2003;221/2004;210/2007;
254/2007;119/2008;221/2008;222/2008;223/2008;34/2009;
164/2010;33/2011;183/2011;89/2013

Repeal

18   The Regulations Act Regulation (AR 282/89) is repealed.

19   Repealed AR 34/2009 s3.

Coming into force

20   This Regulation comes into force on January 1, 2000.