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(Consolidated up to 68/2008)
ALBERTA REGULATION 128/2002
Financial Administration Act
FUNDS AND AGENCIES EXEMPTION REGULATION
Table of Contents
1 Definition
2 Exemptions
2.1 NorQuest College
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) The provincial agencies listed in the Schedule to the Financial Administration Act and the Alberta Capital Finance Authority are exempt from section 82 of the Act on and from December 31, 2003.
(5) The exemption granted by subsection (4) expires on January 1, 2005.
AR 128/2002 s2;22/2004
NorQuest College
2.1 NorQuest College is exempt from the operation of section 80(1) of the Act with respect to the incorporation of The NorQuest College Foundation.
AR 37/2006 s2
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3 The Exemption Regulation (AR 269/94) is repealed.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, 2012.
Schedule A
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Fund Administrator |
Regulated Fund |
Exempt from |
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An improvement district advisory council to whom the Minister has delegated his powers, duties or functions under section 589 of the Municipal Government Act |
Funds held pursuant to section 589 of the Municipal Government Act
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sections 28(6), 37 and 38 |
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Alberta Teachers’ Retirement Fund Board |
Alberta Teachers’ Retirement Fund |
sections 28(6), 37 and 38 |
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Minister charged with the administration of the Gaming and Liquor Act |
Lottery Fund |
the whole Act |
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Public Trustee |
Any common fund under section 25 of the Public Trustee Act |
Sections 5(1), 22, 27, 28(6), 37, 38, 78(1), 79(1), 83, 87 and 88 |
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Public Trustee and Deputy Minister of Finance and Enterprise |
Any special reserve fund under section 28 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
Schedule B
Provincial Agency
Agriculture Financial
Services Corporation
Alberta Investment Management Corporation
The Alberta Foundation for the Arts
The Alberta Government Telephones Commission
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
Energy Resources Conservation Board
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
Schedule C
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Provincial Agency |
Exempt From |
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Alberta Opportunity Company |
sections 22, 37, 38 and 71 |
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Alberta Petroleum Marketing Commission |
sections 5(1), 22, 27, 37, 38, 78(1), 79(1), 83, 87 and 88 |
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Alberta Treasury Branches, including its wholly owned subsidiaries ATB Investment Services 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. |
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Credit Union Deposit Guarantee Corporation |
(i) sections 37 and 38 (ii) section 33(1) where the Minister of Finance and Enterprise 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 Minister of Finance and Enterprise |
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N.A. Properties (1994) Ltd. |
(i) sections 37 and 38 (ii) section 33(1) where the Minister of Finance and Enterprise 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 Minister of Finance and Enterprise |
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SC Financial Ltd. |
(i) sections 37 and 38 (ii) section 33(1) where the Minister of Finance and Enterprise 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 Minister of Finance and Enterprise |
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A corporation that is a subsidiary of the Alberta Government Telephones Commission or that is controlled by the Alberta Government Telephones Commission directly or indirectly through one or more intermediary corporations |
sections 3 to 5; sections 8 and 9; section 12; sections 14 to 18; sections 20 and 21; sections 23 to 32; section 33(3); sections 34 to 76; sections 78 and 79; section 81(1) with respect to shareholder advances secured by securities or with respect to loans from a bank, trust company, credit union, treasury branch, the Government of Canada, or the government of a province; sections 83, 84 and 85; sections 87 to 98 |
AR 128/2002 Sched. C;97/2005;68/2008
Schedule D Repealed AR 22/2004 s3.
