Alberta Regulation 71/95 Maintenance Enforcement Act MAINTENANCE ENFORCEMENT AMENDMENT REGULATION Filed: April 5, 1995 Made by the Lieutenant Governor in Council (O.C. 305/95) pursuant to section 36 of the Maintenance Enforcement Act. 1 The Maintenance Enforcement Regulation (Alta. Reg. 2/86) is amended by this Regulation. 2 The following is added after section 2: Information, authorizations from creditor 2.1 A creditor must provide the Director with the information and authorization required to enable the Director to make direct deposits of maintenance payments into the creditor's bank, credit union, trust corporation or treasury branch account. ------------------------------ Alberta Regulation 72/95 Government Organization Act SCHOOL GRANTS REGULATION Filed: April 5, 1995 Made by the Lieutenant Governor in Council (O.C. 306/95) pursuant to section 13(2) of the Government Organization Act. Table of Contents Definitions 1 Authority of Minister 2 Purpose 3 Application 4 Payment of grant 5 Conditions 6 Use of grant 7 Deductions 8 Accountability 9 Repeal 10 Definitions 1 Definitions in the School Act apply to this Regulation. Authority of Minister 2(1) The Minister of Education is authorized to make grants in accordance with this Regulation. (2) The Minister may delegate any power conferred or duty imposed on the Minister under section 13 of the Government Organization Act or this Regulation in writing to any employee of the Government who is under the administration of the Minister. Purpose 3 The Minister may make grants to a board, other person or organization for purposes related to the education of children in early childhood services programs or students in school programs. Application 4 A board, other person or organization may apply to the Minister for a grant in the form required by the Minister. Payment of grant 5(1) The Minister may provide for the payment of a grant in a lump sum or by way of instalments at the times at which the Minister considers appropriate. (2) The Minister may enter into an agreement with a board, other person or organization with respect to any matter relating to a grant. Conditions 6(1) The Minister may make a grant subject to any conditions that the Minister considers necessary. (2) The Minister may stipulate circumstances under which all or part of a grant made for an identified purpose may be used for another purpose. Use of grant 7(1) The recipient of a grant must use the money (a) only for the purposes for which the grant is made, or (b) if, with the consent of the Minister, the original purposes for which the grant is made are varied by the person or organization that applied for and received the grant, only for the purposes as varied. (2) The recipient of a grant must comply with any conditions imposed by the Minister or under this Regulation. (3) If the recipient of a grant does not use all of the money for the purposes for which the grant is made, the Minister may require the recipient (a) to repay all or part of the money to the Provincial Treasurer, or (b) to use the balance of the money for purposes approved by the Minister. Deductions 8 The Minister is authorized (a) to determine circumstances under which deductions may be made from a grant before it is paid to the recipient, (b) to make deductions from the grant, and (c) to use the money so deducted to pay money to a person that should otherwise be paid by the recipient to that person. Accountability 9(1) The Minister may at any time require a recipient of a grant to provide information to the Minister so that the Minister may determine whether the recipient is complying with any conditions imposed and is using the money as required under this Regulation. (2) The Minister may require the recipient of a grant to repay all or part of the money to the Provincial Treasurer if the recipient does not comply with any conditions imposed by the Minister or under this Regulation or does not use the money as required under this Regulation. Repeal 10(1) The School Grants Regulations (Alta. Reg. 171/76) are repealed. (2) The Grants for Special Projects Regulations (Alta. Reg. 324/70) are repealed. Alberta Regulation 73/95 Government Organization Act CAPITAL CITY RECREATION PARK RESTRICTED DEVELOPMENT AREA REPEAL REGULATION Filed: April 5, 1995 Made by the Lieutenant Governor in Council (O.C. 308/95) pursuant to Schedule 5, section 4 of the Government Organization Act. 1 The Capital City Recreation Park Restricted Development Area Regulation (Alta. Reg. 9/78) is repealed. ------------------------------ Alberta Regulation 74/95 Government Organization Act EDMONTON-FORT SASKATCHEWAN RESTRICTED DEVELOPMENT AREA REPEAL REGULATION Filed: April 5, 1995 Made by the Lieutenant Governor in Council (O.C. 309/95) pursuant to Schedule 5, section 4 of the Government Organization Act. 1 The Edmonton-Fort Saskatchewan Restricted Development Area Regulations (Alta. Reg. 285/74) are repealed. Alberta Regulation 75/95 Alberta Housing Act RENT SUPPLEMENT REGULATION Filed: April 11, 1995 Made by the Minister of Municipal Affairs (M.O. H:096/95) pursuant to section 34 of the Alberta Housing Act. Table of Contents Interpretation and application 1 Designations 2 Revocation of designation 3 Landlord's application 4 Operating agreement 5 Management body's obligations 6 Application to landlord 7 Rent supplement 8 Reimbursement for damages 9 Transitional 10 Coming into force 11 Interpretation and application 1(1) In this Regulation, (a) "Act" means the Alberta Housing Act; (b) "designation" means a per unit entitlement to provide a rent supplement; (c) "household" means a household within the meaning of the Social Housing Accommodation Regulation (Alta. Reg. 244/94); (d) "management body" means a management body that is established under the Act and whose purposes include providing rent supplement housing accommodation; (e) "operating agreement" means an operating agreement referred to in section 5; (f) "rent supplement housing accommodation" means rent supplement housing accommodation applied for or provided under this Regulation; (g) "suitable and adequate" with respect to rent supplement housing accommodation means suitable and adequate as determined under the Social Housing Accommodation Regulation (Alta. Reg. 244/94). (2) The Minister may exempt persons and housing accommodation from the application of any of the provisions of this Regulation, subject to any terms and conditions the Minister considers appropriate. Designations 2(1) The Minister shall (a) determine the number of designations that are necessary in the Minister's opinion to provide households with suitable and adequate rent supplement housing accommodation and the manner in which the designations should be allocated among management bodies, and (b) allocate the designations among management bodies. (2) The Minister may reallocate a designation in the following circumstances: (a) where the designation is withdrawn under section 3; (b) where the designation expires according to its terms; (c) where the Minister and the management body that holds the designation agree that it should be reallocated. (3) The Minister may allocate a designation subject to any terms and conditions the Minister considers appropriate. Revocation of designation 3 The Minister may withdraw a designation in the following circumstances: (a) where a management body or a landlord contravenes a term of an operating agreement or a provision of the Social Housing Accommodation Regulation (Alta. Reg. 244/94) as it relates to the provision of community social housing accommodation; (b) where the housing accommodation is used for purposes other than providing rent supplement housing accommodation; (c) where the housing accommodation is vacant for at least 2 consecutive months; (d) where the Minister considers that the housing accommodation is no longer necessary or appropriate for rent supplement housing accommodation purposes; (e) where the Minister and the management body that holds the designation agree that it should be withdrawn. Landlord's application 4(1) A person who owns housing accommodation, or that person's authorized agent, may apply to a management body in a form acceptable to the Minister to become a landlord for the purposes of this Regulation. (2) A management body and a corporation or other organization that is owned or controlled by a management body are not eligible to be landlords for the purposes of this Regulation in respect of housing accommodation that is operated or administered by the management body. (3) A management body that receives an application under subsection (1) and has available designations that could be assigned to the type of housing accommodation for which application is made shall (a) inspect the housing accommodation described in the application to determine its suitability to be used as rent supplement housing accommodation in accordance with the guidelines established by the Minister, and (b) complete an evaluation of the housing accommodation in a form acceptable to the Minister. (4) If the management body determines that the housing accommodation is suitable under subsection (3), it may approve the housing accommodation for use as rent supplement housing accommodation. Operating agreement 5 Where (a) a management body has approved housing accommodation under section 4, (b) a household has made application to the management body for social housing accommodation under the Social Housing Accommodation Regulation (Alta. Reg. 244/94), (c) the management body has determined that the housing accommodation is suitable and adequate for the household referred to in clause (b), and (d) the management body has designations that may be assigned to that housing accommodation, the management body and the landlord of the housing accommodation may enter into an operating agreement in a form prescribed by the Minister respecting the use of that housing accommodation to provide rent supplement housing accommodation. Management body's obligations 6 During the term of an operating agreement the management body shall (a) periodically inspect and evaluate the housing accommodation in the manner described in section 4(3), (b) ensure that the landlord is made aware of his duties and obligations relative to the provision of housing accommodation under the Act, and (c) evaluate and be satisfied as to the landlord's ability to meet his obligations under the operating agreement and this Regulation before renewing the operating agreement with the landlord. Application to landlord 7(1) In addition to the application for housing accommodation made by a household to a management body under the Social Housing Accommodation Regulation (Alta. Reg. 244/94), a landlord may require a household to submit to him an application for rent supplement housing accommodation under this Regulation. (2) A landlord must provide a household that makes application with a reasonable opportunity to inspect the rent supplement housing accommodation prior to entering into any form of tenancy agreement. (3) A landlord may not impose eligibility requirements for tenancy in rent supplement housing accommodation owned by the landlord that are inconsistent with the selection criteria of the management body. Rent supplement 8(1) A management body shall pay to a landlord with whom it has entered into an operating agreement rent supplements in the manner, at the times and in the amounts set out in the operating agreement if the management body (a) receives a claim for the rent supplement in a form acceptable to the Minster, and (b) is satisfied that the landlord is in compliance with the Act, the operating agreement, this Regulation and the Social Housing Accommodation Regulation (Alta. Reg. 244/94). (2) The Minister may pay to a management body all or part of the money it pays in rent supplements if (a) the management body submits to the Minister a subsidy claim in a form acceptable to the Minister monthly not later than the 6th working day of the month being claimed for, and (b) the Minister is satisfied that the management body and the landlord are in compliance with the Act, the operating agreement, this Regulation and the Social Housing Accommodation Regulation (Alta. Reg. 244/94). Reimburse-ment for damages 9(1) Where (a) a management body establishes to the satisfaction of the Minister that it has, in accordance with the terms of an operating agreement, reimbursed a landlord for the cost of repairing abnormal damage to rent supplement housing accommodation, other than damage caused by normal wear and tear, and (b) the management body received the prior authorization of the Minister to make the reimbursement, the Minister may pay to the management body all or part of the reimbursed amount. (2) Where the Minister makes a payment under subsection (1), the management body must assign to the Minister any judgment and any other right of recovery it has in respect of the damage. (3) For the purposes of this section the Minister and the management body may at any reasonable hour and on at least 24 hours' notice in writing to the landlord enter the rent supplement housing accommodation to inspect the repairs that were carried out. Transitional 10 A rent supplement operating agreement between a housing authority and a landlord that was entered into under the Alberta Mortgage and Housing Corporation Act, is being administered by a management body by virtue of the operation of section 37 of the Alberta Housing Act and is in effect on the coming into force of this Regulation shall be renewed in the form prescribed by the Minister on or before its expiry date. Coming into force 11 This Regulation comes into force on May 1, 1995. Alberta Regulation 76/95 Livestock and Livestock Products Act LIVESTOCK TRANSPORTATION REGULATION Filed: April 12, 1995 Made by the Lieutenant Governor in Council (O.C. 322/95) pursuant to section 2 of the Livestock and Livestock Products Act. Table of Contents Definitions 1 Livestock unfit for transport 2 Loading facilities and pens 3 Duties of operator 4 Unsuitable vehicle 5 Duty to keep livestock separate 6 Loading ramp 7 Sanitary conditions 8 Prohibition 9 Definitions 1 In this Regulation, (a) "designated confinement area" means a controlled area for the holding of livestock that is approved by a peace officer or by an inspector as defined in the Livestock Diseases Act; (b) "operator" means the driver of a vehicle in which livestock is transported pursuant to this Regulation; (c) "peace officer" means a peace officer as defined in the Police Act; (d) "shipper", in respect of livestock that is transported pursuant to this Regulation, means (i) the person who owns the livestock, or (ii) the person who possessed the livestock at the time the livestock was loaded for transport; (e) "vehicle" means a device in, on or by which livestock may be transported on a highway as defined in the Highway Traffic Act, but does not include a device that is propelled by muscular power. Livestock unfit for transport 2(1) No shipper or operator shall load or transport livestock that is affected by or suffering from a communicable disease that is listed pursuant to section 11 of the Livestock Diseases Act, unless the livestock is to be transported (a) to or from a veterinary clinic, (b) to a designated confinement area, or (c) for slaughter. (2) No shipper or operator shall load or transport livestock that, by reason of infirmity, illness, injury, fatigue or any other cause, would suffer during transport, unless the livestock is to be transported (a) to or from a veterinary clinic, (b) to a designated confinement area, or (c) for slaughter. (3) Livestock described in subsection (1) or (2) that is to be transported to or from a veterinary clinic, to a designated confinement area or for slaughter shall be contained or partitioned in the vehicle in a manner that will cause no additional discomfort or injury to the livestock. (4) No shipper or operator shall transport pregnant livestock if it is probable that the livestock will give birth during transport, unless the livestock is to be transported for health or management reasons. (5) If, during transport, any livestock becomes unfit for transport, the operator of the vehicle shall unload the livestock at the nearest suitable place where the livestock will receive proper care and attention. (6) A peace officer who finds that a vehicle is transporting livestock that is unfit for transport may require the operator of the vehicle to unload the livestock for rest, feed and water at a location that has all the facilities necessary for loading, unloading, resting, feeding, watering and inspecting the livestock. Loading facilities and pens 3(1) An operator who transports livestock that is to be confined during transport for a period in excess of 36 hours shall, at intervals not exceeding 36 hours, unload the livestock for rest, feed and water at locations that have all facilities necessary for loading, unloading, resting, feeding, watering and inspecting the livestock. (2) A pen into which livestock is unloaded during transport for rest, feed and water must (a) provide sufficient space for all the livestock to lie down at the same time, (b) provide for adequate feeding and watering of the livestock, (c) have well drained and clean floors of concrete or any other suitable material that provides safe footing, (d) have an adequate amount of straw or other suitable material to bed the livestock, and (e) provide protection from extremes of heat or cold and other adverse weather conditions. Duties of operator 4(1) An operator transporting livestock shall (a) ensure that the vehicle used to transport the livestock is designed so that (i) exhaust fumes cannot enter the box and cause distress to the livestock, and (ii) the box front is of sufficient height to protect the livestock from direct exposure to any adverse condition, (b) ensure that the deck surface of the vehicle used to transport the livestock (i) is uniformly spread with straw, dry sand or other suitable material, or (ii) is covered with checkered plate or other suitable non-slip flooring, (c) protect the livestock against extremes of heat or cold and other adverse weather conditions, (d) provide for adequate ventilation in the box of the vehicle consistent with the species and number of livestock being transported, and (e) ensure that each animal is provided with floor space that is sufficient to prevent suffering or injury caused by overcrowding. (2) An operator transporting hogs at temperatures below 0øC shall ensure that the hogs are not exposed to bare metal. Unsuitable vehicle 5 No operator shall load or transport livestock in a vehicle that has (a) a box or stock rack of a strength and height that is insufficient to adequately protect and contain the livestock at all times, (b) insecure fittings, (c) any object projecting into the area where the livestock travel, (d) any broken, cracked or damaged siding or floor material, or (e) any other equipment in such a condition that it may cause injury to the livestock. Duty to keep livestock separate 6(1) An operator transporting livestock shall separate the livestock during transport in accordance with this section. (2) Livestock of the same species that demonstrate that they are incompatible by nature and livestock of different species shall be separated from each other. (3) Mature sows, boars, stags, cattle and horses shall be separated from smaller animals in uniform groups by species and size to prevent injury to smaller animals. (4) Livestock with suckling offspring shall be separated from all other livestock. Loading ramp 7(1) If a vehicle is equipped with a partial upper deck on which livestock is transported, the operator shall ensure that (a) an adequate portable or built-in ramp is carried on the vehicle and used whenever livestock is loaded or unloaded, and (b) the height of the upper deck provides adequate clearance for the livestock. (2) For the purposes of subsection (1), a ramp is considered adequate if (a) its width between the side rails is not less than 750 millimetres, (b) its angle of slope is less than 45 degrees, (c) it is constructed of material that ensures safe footing, and (d) there is adequate overhead clearance during loading and unloading. Sanitary conditions 8 An operator shall ensure that a vehicle that the operator uses or intends to use to transport livestock is (a) adequately cleaned prior to the loading of the livestock, (b) maintained in a clean state, and (c) disinfected when requested by an inspector as defined in the Livestock Diseases Act. Prohibition 9 No person shall beat or, by use of a prod, goad or other instrument, cause injury to livestock being loaded into or unloaded from a vehicle. ------------------------------ Alberta Regulation 77/95 Liquor Control Act LIQUOR ADMINISTRATION AMENDMENT REGULATION Filed: April 12, 1995 Made by the Lieutenant Governor in Council (O.C. 328/95) pursuant to section 58 of the Liquor Control Act. 1 The Liquor Administration Regulation (Alta. Reg. 215/91) is amended by this Regulation. 2 Section 29 is amended by repealing subsection (1) and substituting the following: Liquor on premises 29(1) Only liquor that is (a) purchased from the Corporation or as otherwise directed by the Corporation under a licence and in accordance with the conditions imposed on the licence, (b) approved by the Board for promotional purposes, or (c) purchased under a permit issued in respect of the licensed premises in accordance with the conditions imposed on and for the purposes approved in the permit, may be in licensed premises and may be kept, sold, provided or consumed in those premises. 3 Section 33 is amended (a) by repealing subsection (2) and substituting the following: (2) Subject to this section, minors are permitted to enter, be in and remain in licensed premises except licensed premises for which the Board has imposed a condition prohibiting minors from entering, being in or remaining in those premises. (b) by adding the following after subsection (3): (4) No minor shall enter, be in or remain in a Class D retail liquor store unless the minor is accompanied by his parent, guardian or spouse who is an adult. (5) If a person who appears to be a minor (a) enters or attempts to enter licensed premises to which minors are prohibited entrance because of a condition imposed on a licence by the Board, (b) requests to purchase liquor from a licensee or another person in licensed premises, or (c) requests to be given any liquor, the licensee or other person to whom the request is made shall, before complying with the request, demand that that person produce satisfactory proof of age. (6) For the purposes of subsection (5), the Board may, by policy, specify the forms of identification that are satisfactory proof of age. (7) If a person who appears to be a minor fails to produce satisfactory proof of age, the licensee or person demanding the proof of age shall (a) not serve, provide or sell liquor to that person, and (b) if the premises are ones that minors are prohibited from entering, being in or remaining in under this Regulation, refuse the person entry or ask the person to leave the premises. (8) The Board may impose a condition on any licence that prohibits minors from entering, being in or remaining in the premises described in the licence generally or on specified days or hours in a day. 4 Section 38 is renumbered as section 38(1) and the following is added after subsection (1): (2) A licensee may sell and serve for consumption on licensed premises only liquor dispensed from the original package in which it was purchased under the licence. (3) Notwithstanding subsection (2), (a) liquor in a miniature bottle may be served in that miniature bottle, and (b) beer and wine may be served in either (i) the original package in which it was purchased under the licence that has been opened for consumption on the licensed premises, or (ii) a container satisfactory to the Board. (4) Liquor from one package shall not be mixed with liquor from another package unless it is (a) mixed at the request of a patron and served to that patron in a glass or other container satisfactory to the Board, or (b) liquor from one package, as shipped by the distributor, of a particular brand poured into another size package of the same brand, as shipped by the distributor. (5) Liquor shall not be mixed with liquor of a different brand or type in the reservoir, well or holding tank of a mechanical dispensing device.