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AR 48/2009 TRAVEL ALBERTA GENERAL REGULATION

(Consolidated up to 28/2014)

alberta regulation 48/2009

Travel Alberta Act

TRAVEL ALBERTA GENERAL REGULATION

Table of Contents

                1      Definitions

                2      Ineligibility and disqualification of director

             2.1      Remuneration

                3      Nominating committee


                4      Indemnities

                5      Expiry

                6      Coming into force

Definitions

1   In this Regulation,

                               (a)    “Act” means the Travel Alberta Act;

                              (b)    “chair” means the chair of the board;

                               (c)    “director” means a member of the board of directors established under section 4 of the Act.

Ineligibility and disqualification of director

2(1)  The following individuals are not eligible to be appointed a director:

                               (a)    an individual who is less than 18 years of age;

                              (b)    an individual who

                                        (i)    is a represented adult as defined in the Adult Guardianship and Trusteeship Act or is the subject of a certificate of incapacity under the Public Trustee Act,

                                      (ii)    is a formal patient as defined in the Mental Health Act, or

                                     (iii)    has been found to be a person of unsound mind by a court elsewhere than in Alberta;

                               (c)    an individual who has the status of bankrupt in Canada or equivalent status in any other jurisdiction;

                              (d)    an individual who

                                        (i)    within the immediately preceding 5 years, has been convicted of an indictable offence or of an offence of a similar nature in another jurisdiction, or

                                      (ii)    has been convicted of an offence under the Bank Act (Canada), the Loan and Trust Corporations Act, the Credit Union Act, the Insurance Act or the Securities Act, or an equivalent law of another jurisdiction;

                               (e)    an individual, other than the Deputy Minister of the Minister, who is an employee of, or who is an employee of an agent of, the Crown;

                               (f)    an individual who is a Member of the Legislative Assembly of Alberta.

(2)  A director is disqualified if the person

                               (a)    was ineligible to be appointed a director under subsection (1),

                              (b)    becomes an individual referred to in subsection (1)(b), (c), (e) or (f), or

                               (c)    is convicted of an offence referred to in subsection (1)(d).

(3)  An act of the board or a committee of the board is valid notwithstanding that a director may have been ineligible or disqualified under this section.

AR 48/2009 s2;168/2010

Remuneration

2.1(1)  Directors are entitled to be paid remuneration and travelling and living expenses in accordance with Part A of Schedule 1 of the Committee Remuneration Order made under the Public Service Act and in force from time to time.

(2)  Members of the Strategic Tourism Marketing Council established under section 14 of the Act are entitled to be paid travelling and living expenses in accordance with section 3 of Part A of Schedule 1 of the Committee Remuneration Order made under the Public Service Act and in force from time to time.

AR 141/2009 s2

Nominating committee

3(1)  The Minister shall establish a nominating committee to advise the Minister regarding the appointment of any individual to the board.

(2)  The nominating committee must be comprised of at least 3 directors of the Corporation and any other individuals selected by the Minister.

(3)  The chair is, if the office is not vacant, a member of the nominating committee.

(4)  The nominating committee shall provide the Minister with a short list of at least 2 qualified candidates for each board position to be filled, excluding any positions to be filled by reappointment.

(5)  In determining the short list referred to in subsection (4), the nominating committee must take into account section 4(9) of the Act.

(6)  The Minister shall recommend to the Lieutenant Governor in Council only candidates for appointment to the board whose names have been submitted by the nominating committee under subsection (4).

(7)  This section does not apply with respect to the reappointment of a director.

(8)  This section applies in respect of persons to be appointed to the board after April 1, 2009.

Indemnities

4(1)  The Corporation may indemnify a person under section 11(1) of the Act if authorized by a resolution of the board.

(2)  The Corporation must purchase and maintain appropriate liability insurance, as is commercially reasonable, to indemnify the Corporation against the costs, charges and expenses in respect of which indemnification under section 11(1) of the Act may be required.

(3)  The indemnity

                               (a)    must be in writing and provide that it applies only to the extent that the person is not otherwise indemnified, and

                              (b)    may contain such additional terms and conditions required by the Corporation or the Minister.

Expiry

5   For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on April 1, 2019.

AR 48/2009 s5;28/2014

Coming into force

6   This Regulation comes into force on the coming into force of the Travel Alberta Act.