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AR 128/2002 FUNDS AND AGENCIES EXEMPTION REGULATION

(Consolidated up to 159/2013)

ALBERTA REGULATION 128/2002

Financial Administration Act

FUNDS AND AGENCIES EXEMPTION REGULATION

Table of Contents

               1      Definition

               2      Exemptions

            2.2      Alberta Investment Management Corporation

               3      Repeal

               4      Expiry

Schedules

Definition

1   In this Regulation, “Act” means the Financial Administration Act.

Exemptions

2(1)  The fund administrators listed in Schedule A are exempt from the provisions of the Act specified opposite their names in respect of the regulated funds listed in Schedule A.

(2)  The Provincial agencies listed in Schedule B are exempt from sections 37 and 38 of the Act.

(3)  The Provincial agencies listed in Schedule C are exempt from the provisions of the Act specified opposite their names.

(4), (5)  Repealed AR 87/2013 s2.

AR 128/2002 s2;22/2004;87/2013;159/2013

2.1   Repealed AR 87/2013 s3.


Alberta Investment Management Corporation

2.2(1)  In this section,

                             (a)   “AIMCo” means the Alberta Investment Management Corporation;

                             (b)   “designated entity” means a person or entity designated under section 6 of the Alberta Investment Management Corporation Act.

(2)  AIMCo is exempt from the operation of sections 21, 22, 37, 38, 78, 79 and 83 of the Act.

(2.1)  Any Provincial corporation incorporated as a subsidiary of AIMCo pursuant to an approval under section 80 of the Act is exempt from the operation of sections 21, 22, 37, 38, 78, 79 and 83 of the Act.

(3)  On and after April 1, 2011, AIMCo is exempt from the operation of section 80 of the Act with respect to

                             (a)   a corporation described in subsection (4), or

                             (b)   a corporation that is intended to be incorporated by AIMCo as a corporation described in subsection (4).

(4)  A corporation that

                             (a)   is directly or indirectly invested in by one or more designated entities in connection with investment management services provided pursuant to section 6 of the Alberta Investment Management Corporation Act, and

                             (b)   does not directly and substantially provide investment management services to one or more designated entities

is exempt from the whole Act, except for sections 1, 5, 6, 7, 13(3), 72(4) and 81.

AR 174/2012 s2;87/2013

Repeal

3   The Exemption Regulation (AR 269/94) is repealed.


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 May 31, 2020.

AR 128/2002 s4;96/2012;87/2013

Schedule A

Fund Administrator

Regulated Fund

Exempt from

An improvement district advisory council to whom the Minister has delegated his or her powers, duties or functions under section 589 of the Municipal Government Act

Funds held pursuant to section 589 of the Municipal Government Act

sections 28(6), 37 and 38

Alberta Teachers Retirement Fund Board

Alberta Teachers Retirement Fund

sections 28(6), 37 and 38

Minister responsible for the Gaming and Liquor Act

Lottery Fund

the whole Act

Public Trustee

The common fund under section 31 of the Public Trustee Act

sections 5(1), 22, 27, 28(6), 37, 38, 78(1), 79(1), 83, 87 and 88

Public Trustee

A pooled investment fund under section 38 of the Public Trustee Act

sections 5(1), 22, 27, 28(6), 37, 38, 78(1), 79(1), 83, 87 and 88

AR 128/2002 Sched. A;68/2008;31/2012;62/2013;87/2013

Schedule B

Provincial Agency

Agriculture Financial Services Corporation

Alberta Foundation for the Arts

The Alberta Historical Resources Foundation

Alberta Gaming and Liquor Commission

Alberta Capital Finance Authority

Alberta Utilities Commission

Alberta Securities Commission

Alberta Social Housing Corporation

Alberta Sport, Recreation, Parks and Wildlife Foundation

Alberta Energy Regulator

The Government House Foundation

Natural Resources Conservation Board

Persons with Developmental Disabilities Foundation

Wild Rose Foundation

AR 128/2002 Sched. B;108/2004;8/2005;97/2005;228/2007;
254/2007;174/2012;62/2013;87/2013;89/2013

Schedule C

Provincial Agency

Exempt from

Alberta Petroleum Marketing Commission

sections 22, 27, 37, 38, 78(1), 79(1), 83, 87 and 88

Alberta Treasury Branches, including its wholly owned subsidiaries ATB Insurance Advisors Inc., ATB Investment Management Inc. and ATB Securities Inc.

    (i)  sections 16, 21, 22, 37, 38, 78, 79, 83 and 84

    (ii) section 81 in respect only of deposits that are accepted in Alberta by a branch or individual agent of Alberta Treasury Branches in the ordinary course of business of Alberta Treasury Branches

Credit Union Deposit Guarantee Corporation

    (i)  sections 37 and 38

    (ii) section 33(1) where the President of Treasury Board and Minister of Finance has fixed a rate of interest to be paid or has specified that no interest shall be paid on advances described in section 33(1) if the interest, if any, on those advances is paid at the rate fixed by the President of Treasury Board and Minister of Finance

N.A. Properties (1994) Ltd.

    (i)  sections 37 and 38

    (ii) section 33(1) where the President of Treasury Board and Minister of Finance has fixed a rate of interest to be paid or has specified that no interest shall be paid on advances described in section 33(1) if the interest, if any, on those advances is paid at the rate fixed by the President of Treasury Board and Minister of Finance

AR 128/2002 Sched. C;97/2005;68/2008;31/2012;96/2012;
62/2013;87/2013

Schedule D   Repealed AR 22/2004 s3.