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THE ALBERTA GAZETTE, PART II, NOVEMBER 30, 1998

     Alberta Regulation 223/98

     Loan and Trust Corporations Act

     LOAN AND TRUST CORPORATIONS (MINISTERIAL)
     AMENDMENT REGULATION

     Filed:  November 3, 1998

Made by the Provincial Treasurer (M.O. 01/98) pursuant to section 325(2)(f)
of the Loan and Trust Corporations Act.


1   The Loan and Trust Corporations (Ministerial)  Regulation (AR 172/92)
is amended by this Regulation.


2   Section 2 is amended

     (a)  by repealing subsection (1);

     (b)  in subsection (4) by striking out "registered" and substituting
"provincial".


3   Sections 3 and 4 are repealed.


4   Schedule 1 is repealed.


     ------------------------------

     Alberta Regulation 224/98

     Oil and Gas Conservation Act

     OIL AND GAS CONSERVATION AMENDMENT REGULATION

     Filed:  November 4, 1998

Made by the Alberta Energy and Utilites Board pursuant to section 10 of the
Oil and Gas Conservation Act.


1   The Oil and Gas Conservation Regulations (AR 151/71) are amended by
this Regulation.


2   Section 8.142(1)(c) is repealed and the following is substituted:

     (c)  a Licensee Wellsite Representative and a Rig Manager (Tool
Push) possess a "Second Line Supervisor's" certificate in well control
procedures, issued within the previous 2 years by the Petroleum Industry
Training Service, and that a Licensee Wellsite Representative or a Rig
Manager (Tool Push), or both, are readily available at all times,


     ------------------------------

     Alberta Regulation 225/98

     Funeral Services Act

     ALBERTA FUNERAL SERVICES REGULATORY BOARD REGULATION

     Filed:  November 5, 1998

Made by the Minister of Municipal Affairs (M.O. H:100/98) pursuant to
section 18 of the Funeral Services Act.


     Table of Contents

Definitions    1
Board continued     2
Function of Board   3
Board membership    4
Appointment    5
Election  6
Term of office 7
Chair     8
Prohibitions   9
Resignation and removal  10
Vacancies 11
Transitional   12
Expiry    13
Coming into force   14


Definitions
1   In this Regulation,

     (a)  "Act" means the Funeral Services Act;

     (b)  "Board" means the Alberta Funeral Services Regulatory Board;

     (c)  "embalmer" means a person who holds an embalmer licence issued
under the Act and the regulations;

     (d)  "funeral director" means a person who holds a funeral director
licence issued under the Act and the regulations;

     (e)  "funeral services business" means a sole proprietorship,
partnership or corporation that holds a funeral services business licence
issued under the Act and the regulations;

     (f)  "industry member" means a member under section 4(1)(b);

     (g)  "licensee" means a person who holds any licence referred to in
section 4 of the Act;

     (h)  "member" means a member of the Board;

     (i)  "public interest member" means a member under section 4(1)(a).


Board continued
2   The Alberta Funeral Services Regulatory Board established under the
Funeral Services Business Licensing Regulation (AR 360/92) is hereby
continued.


Function of Board
3   The Board is empowered to accept and exercise any powers and perform
any duties and functions

     (a)  delegated to it under section 19 of the Act by the Director, or

     (b)  delegated to or imposed on it under any other Act of the
Legislature.


Board membership
4(1)  The Board consists of

     (a)  3 persons who represent the interests of the public, and

     (b)  3 persons who represent funeral services businesses.

(2)  A person is eligible to be or to remain a public interest member only
if that person

     (a)  is a resident of Alberta,

     (b)  is not a funeral director or embalmer, and

     (c)  does not have any interest in a funeral services business.

(3)  A person is eligible to be or to remain an industry member only if
that person

     (a)  is a resident of Alberta, and

     (b)  is actively engaged in the day to day operation of a funeral
services business as an owner, a part owner, a business manager or a
shareholder.

(4)  A member automatically ceases to hold office if that member ceases to
meet any qualification under this section that is necessary for that
office.


Appointment 
5   The Minister shall appoint the public interest members.


Election
6(1)  The Director shall establish an Industry Election Committee
consisting of at least 3 and not more than 5 persons who represent funeral
services businesses.

(2)  The Industry Election Committee shall request nominations from funeral
services businesses and conduct a mail-in election in order to elect the
industry members.

(3)  Each funeral services business has one vote in an election under
subsection (2), regardless of the number of its business locations.

(4)  The candidates who receive the largest number of votes at the election
become industry members in accordance with the number of positions to be
filled.

(5)  The Industry Election Committee shall communicate the results of the
election to the successful candidates, the Minister and any other person
the Committee considers appropriate.

(6)  Notwithstanding this section, if the Industry Election Committee
receives fewer nominations under subsection (2) than there are positions to
be filled, the Committee

          (a)  shall declare the nominees, if any, to be elected by
acclamation, and

          (b)  shall appoint any remaining industry members.


Term of office
7(1)  The term of office of a member is 2 years.

(2)  A member may not serve more than 3 consecutive terms of office.


Chair
8(1)  The Board shall choose from among its members a person to act as the
chair of the Board.

(2)  If there is a tied vote on any matter on which a vote is held by the
Board, the chair may vote a second time to break the tie.


Prohibitions
9   No person while a member shall do any of the following:

     (a)  engage directly or indirectly in any business transaction or
private arrangement for pecuniary benefit, knowledge of which arises out of
the person's being a member;

     (b)  act in a manner, whether or not prohibited by the Act, the
regulations or the by-laws of the Board, that may result in, or create the
appearance of,

               (i)  using the member's position for private gain,

               (ii) giving preferential treatment to any person,

               (iii)     impeding the Board from carrying out its purposes,

               (iv) foregoing independence or impartiality, or

               (v)  adversely affecting the integrity of the Board;

     (c)  act in an official capacity or represent the Board, explicitly
or implicitly, on any matter in which the member has a real or potential
personal interest, direct or indirect, in a manner that is incompatible
with the member's duties under the Act, the regulations or the by-laws of
the Board;

     (d)  contract with or otherwise accept the services of a licensee or
an applicant to become a licensee on terms that are more favourable than
those generally available to the public;

     (e)  unless previously approved by the Board, accept a fee or a
benefit that is not a token benefit from another person on account of an
occasion at which the member appears or provides a speech, lecture or
publication, if the occasion is part of the official duties of the member
for which compensation is being paid by the Board;

     (f)  contravene the Act, the regulations or the by-laws of the
Board;

     (g)  be absent without Board authorization from 3 consecutive
regular Board meetings.


Resignation and removal
10(1)  Subject to subsection (2), a member who contravenes section 9 shall
resign from the Board immediately on becoming aware of the contravention.

(2)  Instead of accepting a resignation under subsection (1), the Board may
suspend the member from all or any Board activities for any period of time
and subject to any terms and conditions that the Board considers
appropriate.

(3)  If a member contravenes subsection (1) or any terms and conditions
under subsection (2), the Board may, within one year of the date on which
the contravention occurred,

     (a)  request that the Minister revoke the appointment, if the member
is a public interest member, or

     (b)  apply by originating notice to a judge of the Court of Queen's
Bench, if the member is an industry member, for 

               (i)  an order determining whether the member is eligible
to remain a member, and

               (ii) if the person is determined to be ineligible, an
order declaring the person to be disqualified from membership on the Board.


Vacancies
11  If there is a vacancy in the membership of the Board, a person may be
appointed to fill that vacancy for the balance of the term of office

     (a)  by the Minister, if the vacancy relates to a public interest
member, or

     (b)  by the Director, if the vacancy relates to an industry member.


Transitional
12   A person who is a member immediately before the coming into force of
this Regulation continues to be a member under this Regulation until that
member ceases to hold office or is reappointed or re-elected.


Expiry
13   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 November 30, 2003.


Coming into force
14   This Regulation comes into force on December 1, 1998.


     ------------------------------

     Alberta Regulation 226/98

     Funeral Services Act

     GENERAL REGULATION

     Filed:  November 5, 1998

Made by the Minister of Municipal Affairs (M.O. H:101/98) pursuant to
section 23 of the Funeral Services Act.


     Table of Contents

Interpretation 1

     Funeral Services Businesses

Funeral services business licence  2
Application for funeral services business licence 3
Director's approval 4
Expiry    5
Renewal of funeral services business licence 6
Name of business    7
Requirements of funeral services contract    8
Statement of cancellation rights   9
Cancellation without penalty  10
Maximum administration fee    11
Transfer of money to authorized trustee 12
Embalming 13
Notice to Director of changes 14
Records   15
Annual audited report to Director  16
Permission from seniors residence or hospital     17

     Business Manager

Business manager    18

     Funeral Directors, Embalmers and
     Pre-need Salespersons

Funeral director licence 19
Embalmer licence    20
Pre-need salesperson licence  21
Application for funeral director, embalmer or
  pre-need salesperson licence     22
Expiry    23
Renewal of funeral director, embalmer or 
  pre-need salesperson licence     24
Change in employment     25

     Duties and Powers of the Director

Inspections    26
Training programs   27
Conditions of work for trainees    28
Continuing education     29
Educational standards    30
Providing information    31
Annual report  32
Registers 33

     Complaints Resolution

Complaints     34
Mediation or arbitration 35

     Disposition of Remains

Who may control disposition   36

     Fees

Fees 37

     Transitional

Licences continued  38
Applications continued   39
Continuing education relief for certain continued licences  40
Extended period for report    41

     Repeal, Expiry and Coming into Force

Repeal    42
Expiry    43
Coming into force   44

Schedule


Interpretation
1  In this Regulation,

     (a)  "Act" means the Funeral Services Act;

     (b)  "embalmer" means a person who holds an embalmer licence issued
under section 20;

     (c)  "embalmer trainee" means a person who is registered in an
appropriate training program referred to in section 27;

     (d)  "funeral director" means a person who holds a funeral director
licence issued under section 19;

     (e)  "funeral director trainee" means a person who is registered in
an appropriate training program referred to in section 27;

     (f)  "funeral services business" means a sole proprietorship,
partnership or corporation that holds a licence issued under section 2;

     (g)  "pre-need salesperson" means a person who holds a pre-need
salesperson licence issued under section 21;

     (h)  "pre-need salesperson trainee" means a person who is registered
in an appropriate training program referred to in section 27.


     Funeral Services Businesses

Funeral services business licence
2(1)  Subject to subsection (2), a funeral services business licence
authorizes the licensee to enter into funeral services contracts with
members of the public.

(2)  A funeral services business licence authorizes the licensee to enter
into pre-need funeral services contracts with members of the public only if
the licence specifically states such authorization.

(3)  A funeral services business shall hold a separate funeral services
business licence for each of its business locations.


Application for funeral services business licence
3(1)  A person applying for a funeral services business licence shall make
application to the Director on the form set by the Director and the
application shall be accompanied with

     (a)  proof that the applicant has obtained any approvals that are
required under the Municipal Government Act or under any other legislation,

     (b)  the name of the person who will be appointed as the business
manager for the proposed funeral services business,

     (c)  any additional information required by the Director, and

     (d)  the fee set out in section 37.

(2)  If the proposed funeral services business will be entering into
pre-need funeral services contracts, the application shall also be
accompanied with a copy of

     (a)  any agreement made between the applicant and an authorized
trustee for the establishment of a special fund as referred to in section 6
of the Act,

     (b)  a standard form of the pre-need funeral services contract that
the funeral services business proposes to use, and

     (c)  any agreement made between the applicant and an insurance
company for which the applicant acts as an agent in soliciting the sale of
or selling a contract of life insurance to a purchaser of a pre-need
funeral services contract for the purpose of funding the purchase price
under that contract.


Director's approval
4(1)  The Director shall not issue a funeral services business licence that
authorizes the licensee to enter into pre-need funeral services contracts
unless the Director

     (a)  approves the form and contents of the documents referred to in
section 3(2)(a) and (b), and

     (b)  is satisfied that the provisions of an agreement referred to in
section 3(2)(c) are not misleading and are consistent with the Act and its
regulations.

(2)  A funeral services business licensee shall not cancel, amend or vary
the provisions of any document referred to in section 3(2) unless the
licensee

     (a)  obtains the prior written approval of the Director, and

     (b)  pays a fee of $25 to the Director.


Expiry
5   A funeral services business licence and any renewal of a funeral
services business licence expire on the March 31 following their issue.


Renewal of funeral services business licence
6(1)  A person applying for a renewal of a funeral services business
licence shall make application to the Director on the form set by the
Director and the application shall be accompanied with

     (a)  the name of the business manager for the funeral services
business,

     (b)  the number of funeral services contracts under which the
applicant provided funeral services in the year preceding the application,

     (c)  any additional information required by the Director, and

     (d)  the fee set out in section 37.

(2)  The Director may refuse to renew a funeral services business licence
if

     (a)  an inspection under section 26 has revealed deficiencies that
have not been corrected, or

     (b)  in the Director's opinion, it is not in the public interest to
grant the renewal.


Name of business
7   If a funeral services business carries on business under a name or
style other than its corporate name, the corporate name must be clearly
disclosed to the public on the letterhead, contracts and price lists of the
business.


Requirements of funeral services contract
8   A funeral services contract shall

     (a)  be in writing,

     (b)   be signed by the purchaser and by

               (i)  a funeral director of the funeral services
business, or

               (ii) a pre-need salesperson of the funeral services
business, if it is a pre-need funeral services contract,

     (c)  contain a detailed listing of the goods and services to be
provided by the funeral services business and the cost to be charged to the
purchaser for each of those goods and services, and

     (d)  contain a statement of cancellation rights in accordance with
section 9, if it is a pre-need funeral services contract.


Statement of cancellation rights
9(1)  A statement of cancellation rights shall

     (a)  be in the form in the Schedule,

     (b)  show the heading in not less than 12-point bold type,

     (c)  show paragraph 1 in 12-point type, and

     (d)  show the remainder of the statement in not less than 10-point
type.

(2)  Where the statement of cancellation rights is not printed on the front
of the pre-need funeral services contract there shall be a notice printed
on the front of the contract, in not less than 12-point bold type,
indicating where on the contract the statement of cancellation rights is
printed.


Cancellation without penalty
10   For the purposes of section 4.1(2) of the Act, the period within which
a pre-need funeral services contract may be cancelled without charge or
penalty is 30 days from the date on which the purchaser receives a copy of
the contract.


Maximum administration fee
11   For the purposes of section 4.2(1) of the Act, an administration fee
shall not exceed 15% of the amount from which the licensee is entitled to
deduct that fee.


Transfer of money to authorized trustee
12(1)   For the purposes of section 6(1) of the Act, the period within
which a licensee shall transfer money in trust to an authorized trustee is
5 days from the date on which the cancellation period under section 4.1 of
the Act expires.

(2)  Notwithstanding subsection (1), where the cost of a pre-need funeral
services contract is paid by instalments and the licensee charges an
administration fee in accordance with section 4.2(1)(a) of the Act, the
licensee

     (a)  may collect that administration fee from the initial instalment
payments until the full amount of the fee is satisfied, and

     (b)  need not transfer any money in trust to an authorized trustee
until 5 days from the date on which the full amount of that administration
fee is satisfied.


Embalming
13(1)  A funeral services business that offers embalming at one or more of
its business locations shall have in place a code of practice  for
embalming that is established specifically for each location.

(2)  A code of practice referred to in subsection (1) shall be prepared in
accordance with section 26(1.1) of the Occupational Health and Safety Act
and the regulations under that Act.

(3)  A funeral services business that offers embalming shall have at least
one room that is used exclusively for keeping, embalming and preparing
human bodies for disposition.


Notice to Director of changes
14   Every funeral services business licensee shall within 10 days give
written notice to the Director of

     (a)  any change of address for service,

     (b)  any change in the officers or members of the company or
partnership, and

     (c)  the date on which the funeral services business or any of its
locations goes out of business or otherwise stops operating.


Records
15   Every funeral services business licensee shall

     (a)  maintain full and adequate records of the business operation,

     (b)  retain those records for a minimum period of 3 years following
provision of the services to which they relate or cancellation of the
contract to which they relate, and

     (c)  permit an authorized representative of the Director to inspect
at all reasonable times the licensee's business records.


Annual audited report to Director
16(1)  A funeral services business that enters into pre-need funeral
services contracts or holds money in trust pursuant to sections 5 and 6 of
the Act shall annually provide to the Director within 120 days of its
fiscal year end a report of its financial affairs for the preceding year in
the form set by the Director and completed by an independent chartered
accountant, certified general accountant or certified management
accountant.

(2)  The Director may charge a fee of $100 to any funeral services business
that is late in providing the report referred to in subsection (1).


Permission from seniors residence or hospital
17   No licensee shall display or distribute information about pre-need
funeral services contracts

     (a)  in any home or residence maintained for elderly persons or in
any hospital, or

     (b)  on the grounds forming part of the home, residence or hospital,

unless the licensee obtains prior written permission from the management of
the home, residence or hospital.


     Business Manager

Business manager
18(1)  Each funeral services business shall appoint a person to act as the
business manager for the business.

(2)  The business manager

     (a)  shall represent the funeral services business in all matters
relating to its licensed activities,

     (b)  is responsible for the operation of the funeral services
business and the conduct of the funeral directors, funeral director
trainees, embalmers, embalmer trainees, pre-need salespersons and pre-need
salesperson trainees employed by the business, and

     (c)  shall ensure that the funeral services business maintains
records in accordance with the Act and this Regulation.

(3)  The business manager shall ensure that it is a licensed funeral
director or a funeral director trainee acting under the supervision of a
licensed funeral director who

     (a)  enters into funeral services contracts on behalf of the funeral
services business with members of the public, and

     (b)  arranges or directs funeral or memorial services.

(4)  The business manager for a funeral services business that is licensed
to sell pre-need funeral services contracts shall ensure that it is a
licensed pre-need salesperson who enters into pre-need funeral services
contracts on behalf of the business with members of the public.

(5)  The business manager for a funeral services business that offers
embalming shall ensure that the embalming is performed by a licensed
embalmer or by an embalmer trainee under the supervision of a licensed
embalmer.

(6)  The business manager may permit a funeral director who is under the
business manager's authority to work for other funeral services businesses
in an emergency and, in that situation, the business manager continues to
be responsible for the actions of that funeral director.

(7)  The business manager shall within 5 days give to the Director

     (a)  written notice of the date of commencement and termination of
the employment of every salesperson at the funeral services business, and

     (b)  a change of sponsorship notification concerning any funeral
director, embalmer or pre-need salesperson hired by the funeral services
business.

(8)  A funeral services business shall notify the Director immediately if
there is a change in the appointment of its business manager and provide
the Director with the name of the replacement business manager.


     Funeral Directors, Embalmers
     and Pre-need Salespersons

Funeral director licence
19   A funeral director licence authorizes the licensee to

     (a)  enter into on behalf of the funeral services business any
funeral services contracts, including pre-need funeral services contracts,
that the business is authorized to enter into by the terms of its funeral
services business licence, and

     (b)  arrange or direct funeral or memorial services

at all the business locations of the funeral services businesses  that
employ the licensee.


Embalmer licence
20   An embalmer licence authorizes the licensee to perform embalming
pursuant to a funeral services contract at all the business locations of
the funeral services businesses that employ the licensee.


Pre-need salesperson licence
21    A pre-need salesperson licence authorizes the licensee to enter into
pre-need funeral services contracts

     (a)  on behalf of a funeral services business that is authorized to
enter into pre-need funeral services contracts by the terms of its funeral
services business licence, and

     (b)  at all the business locations of the funeral services
businesses that employ the licensee.


Application for funeral director, embalmer or pre-need salesperson  licence
22(1)  A person applying for a funeral director licence, an embalmer
licence or a pre-need salesperson licence shall make application to the
Director on the form set by the Director and the application shall be
accompanied with

     (a)  the name of the business manager who has agreed to sponsor the
applicant,

     (b)  a list of all the business locations of each funeral services
business at which the applicant intends to work as a funeral director, an
embalmer or a pre-need salesperson, as the case may be,

     (c)  proof that the applicant has successfully completed an
appropriate training program provided or approved under section 27,

     (d)  any additional information required by the Director, and

     (e)  the fee set out in section 37.

(2)  Notwithstanding subsection (1)(c), the Director may issue a funeral
director licence or an embalmer licence to an applicant who has not
successfully completed a training program provided or approved under
section 27 in the following circumstances:

     (a)  in the case of an application for a funeral director licence,
if the applicant

               (i)  has training or experience, or a combination of
training and experience, that is acceptable to the Director, and

               (ii) demonstrates, to the satisfaction of the Director,
knowledge of legislation that the Director considers relevant to a funeral
services business;

     (b)  in the case of an application for an embalmer licence, if the
applicant has embalming training or experience, or a combination of
embalming training and experience, that is acceptable to the Director.

(3)  Where a person applying for a funeral director licence or an embalmer
licence is a non-resident of Alberta, the application

     (a)  shall be accompanied with proof that the applicant is
authorized to work in another jurisdiction as a funeral director or an
embalmer, as the case may be, and

     (b)  is exempt from subsection (1)(a).


Expiry
23    A funeral director licence, an embalmer licence, a pre-need
salesperson licence and any renewal of any of those licences expire on the
March 31 following their issue.


Renewal of funeral director, embalmer or pre-need salesperson licence
24(1)  A person applying for a renewal of a funeral director licence, an
embalmer licence or a pre-need salesperson licence shall make application
to the Director on the form set by the Director and the application shall
be accompanied with

     (a)  proof that the applicant has completed any continuing education
requirements under section 29,

     (b)  the name of the business manager who has agreed to sponsor the
applicant,

     (c)  a list of all the business locations of each funeral services
business at which the applicant intends to work as a funeral director, an
embalmer or a pre-need salesperson, as the case may be,

     (d)  any additional information required by the Director, and

     (e)  the fee set out in section 37.

(2)  Where a person applying for a renewal of a funeral director licence or
an embalmer licence is a non-resident of Alberta, the application

     (a)  shall be accompanied with proof that the applicant is
authorized to work in another jurisdiction as a funeral director or an
embalmer, as the case may be, and

     (b)  is exempt from subsection (1)(b).

(3)  A person whose funeral director licence, embalmer licence or pre-need
salesperson licence has expired shall apply under section 22 for a new
licence.

(4)  Notwithstanding subsection (3), where a funeral services business goes
out of business or otherwise stops operating or its licence is suspended or
cancelled or is not renewed by the Director, any funeral director, embalmer
or pre-need salesperson who was employed on that date by that business may
within 2 years of that date renew an expired licence under this section.


Change in employment
25   A funeral director,  an embalmer or a pre-need salesperson who changes
employers shall notify the Director in writing of the change in employment
within 5 days of commencing the new employment.


     Duties and Powers of the Director

Inspections
26(1)  The Director may inspect any funeral services business to determine
whether the Act and this Regulation are being complied with.

(2)  On completing an inspection, the inspector shall prepare a report on
the form set by the Director and provide a copy of the report to the
business manager of the business inspected and to the Director.

(3)  If the inspection reveals deficiencies, the report shall contain a
list of the deficiencies.


Training programs
27(1)  The Director may provide or approve training programs for funeral
director trainees, embalmer trainees and pre-need salesperson trainees and
may charge fees for registration in any program that is provided by the
Director.

(2)  The Director shall make available on request of any person a list of
the training programs that have been approved by the Director.

(3)  The Director may assess programs and courses that are offered in
jurisdictions outside Alberta to determine whether an applicant for a
funeral director licence, an embalmer licence or a pre-need salesperson
licence who received training in a jurisdiction outside Alberta has
complied with section 22(1)(c).


Conditions of work for trainees
28   The Director shall establish the conditions under which funeral
director trainees, embalmer trainees and pre-need salesperson trainees may
carry out duties for a funeral services business.


Continuing education
29   The Director may require funeral directors, embalmers and pre-need
salespersons to complete continuing education programs and courses.


Educational standards
30   The Director shall consult with funeral services businesses when
developing

     (a)  educational standards to be met by applicants for a funeral
director licence, an embalmer licence or a pre-need salesperson licence,
and

     (b)  continuing education standards that may be required for renewal
of a funeral director licence, an embalmer licence or a pre-need
salesperson licence.


Providing information
31   The Director shall provide the following information on request of any
person:

     (a)  the status of a funeral services business licence;

     (b)  the name of a funeral services business;

     (c)  the mailing address and location of a funeral services
business;

     (d)  the name of the business manager for a funeral services
business;

     (e)  the status of a funeral director licence, an embalmer licence
or a pre-need salesperson licence;

     (f)  the name of the business manager who is responsible for a
funeral director, an embalmer or a pre-need salesperson;

     (g)  an explanation of the responsibilities that funeral services
businesses have to members of the public.


Annual report
32   Not later than July 31 each year, the Director shall prepare and file
with the Minister an annual report that includes 

     (a)  an audited financial statement relating to the activities
carried out under this Regulation in the previous fiscal year,

     (b)  the number of licences issued or renewed and the number of
applications refused in the previous year, and

     (c)  a summary of the activities carried out under this Regulation
by the Director in the previous year.


Registers
33   The Director shall maintain registers showing the name of

     (a)  each funeral director,

     (b)  each funeral director trainee,

     (c)  each embalmer,

     (d)  each embalmer trainee,

     (e)  each pre-need salesperson,

     (f)  each pre-need salesperson trainee,

     (g)  each funeral services business,

     (h)  each funeral services business that is licensed to enter into
pre-need funeral services contracts,

     (i)  each funeral services business that offers embalming, and

     (j)  the business manager for each funeral services business.


     Complaints Resolution

Complaints
34(1)  The Director may accept and investigate complaints.

(2)  The complainant shall provide the particulars of the complaint in a
written or oral statement to the Director.

(3)  A person employed by the Director for the purpose shall

     (a)  investigate the complaint,

     (b)  attempt to resolve the complaint and record all efforts made to
resolve the complaint, and

     (c)  provide the record to the Director.


Mediation or arbitration
35(1) The Director may offer mediation or arbitration in accordance with
the Arbitration Act if

     (a)  a complaint is not resolved under section 34(3),

     (b)  mediation or arbitration would, in the Director's opinion, be
an appropriate dispute resolution mechanism, and

     (c)  the parties to a complaint agree to mediation or arbitration.

(2)  If the parties to a complaint agree to mediation, the Director shall
appoint an independent mediator who has training in mediation.

(3)  If the parties to a complaint agree to arbitration, the Director shall
appoint an independent arbitrator who has training in arbitration.


     Disposition of Remains

Who may control disposition
36(1)  In this section,

     (a)  "living with the deceased" includes a situation where

               (i)  the deceased resided before death in a care
facility for health reasons and the spouse continued to provide the usual
spousal support customarily associated with couples intending to continue a
marital relationship, or

               (ii) the deceased and the spouse were living apart at
the time of death due only to circumstances other than a marital breakdown;

     (b)  "parent" means, if the deceased is a minor, the parent who had
legal custody of the deceased at the time of death.

(2)  The right to control the disposition of human remains or cremated
remains vests in and devolves on persons in the following order of
priority:

     (a)  the personal representative designated in the will of the
deceased;

     (b)  the spouse of the deceased if the spouse was living with the
deceased at the time of death, or a person who had been living with the
deceased at the time of death as spouse for a continuous period of at least
2 years;

     (c)  an adult child of the deceased;

     (d)  a parent of the deceased;

     (e)  a guardian of the deceased under the Dependent Adults Act or,
if the deceased is a minor, under the Child Welfare Act or the Domestic
Relations Act;

     (f)  an adult grandchild of the deceased;

     (g)  an adult brother or sister of the deceased;

     (h)  an adult nephew or niece of the deceased;

     (i)  an adult next of kin of the deceased determined on the basis
provided by sections 8 and 9 of the Intestate Succession Act;

     (j)  the Public Trustee;

     (k)  an adult person having some relationship with the deceased not
based on blood ties or affinity;

     (l)  the Minister of Family and Social Services.

(3)  If, under subsection (2)(c) to (h), the right to control the
disposition of human remains or cremated remains passes to persons of equal
rank, in the absence of agreement between or among them, the order of
priority begins with the eldest person in that rank and descends in order
of age.

(4)  If the person who, under this section, has the right to control the
disposition of human remains or cremated remains is not available or is
unwilling to give instructions, that right passes to the next available
qualified person.


     Fees

Fees
37(1)   The fee for

     (a)  a funeral services business licence that is payable by an
applicant who has not previously been issued that licence under this
Regulation is $200;

     (b)  a funeral services business licence authorizing the entering
into of pre-need funeral services contracts that is payable by an applicant
who has not previously been issued that kind of funeral services business
licence under this Regulation is

               (i)  the fee specified in clause (a), if applicable, and

               (ii) an additional $200, if the funeral services
business will employ one or more pre-need salespersons during the licensing
period,

          or

               (iii)     an additional $75, if the funeral services business
will employ no pre-need salespersons during the licensing period.

(2)  The fee for a renewal of a funeral services business licence is the
sum of the following amounts:

     (a)  $150 plus $2 for each funeral services contract under which the
applicant provided funeral services in the year preceding the application;

     (b)  if the licence authorizes the entering into of pre-need funeral
services contracts,

               (i)  $200, if the funeral services business will employ
one or more pre-need salespersons during the licensing period, or

               (ii) $75, if the funeral services business will employ
no pre-need salespersons during the licensing period;

     (c)  $50 in the case of an application made after the applicant's
licence has expired.

(3)  A person who acquires a funeral services business is required to
obtain a funeral services business licence with respect to the business,
notwithstanding that the business was the subject of a funeral services
business licence at the time the business was acquired.

(4)  Subsection (2) applies to the calculation of the fee for a licence
required under subsection (3).

(5)  The fee for a funeral director licence or for the renewal of a funeral
director licence is

     (a)  $100, and

     (b)  an additional $25 in the case of an application made after the
applicant's licence has expired.

(6)  The fee for an embalmer licence or for the renewal of an embalmer
licence is

     (a)  $100, and

     (b)  an additional $25 in the case of an application made after the
applicant's licence has expired.

(7)  Notwithstanding subsections (5) and (6), if an applicant applies for
both a funeral director licence and an embalmer licence, or for the renewal
of both a funeral director licence and an embalmer licence, the total fee
payable for the combined licence or for the renewal of the combined licence
is

     (a)  $175, and

     (b)  an additional $25 in the case of an application made after the
applicant's combined licence has expired.

(8)  The fee for a pre-need salesperson licence or for the renewal of a
pre-need salesperson licence is

     (a)  $100, and

     (b)  an additional $25 in the case of an application made after the
applicant's licence has expired.

(9)  Notwithstanding subsections (6) and (8), if an applicant applies for
both an embalmer licence and a pre-need salesperson licence, or for the
renewal of both an embalmer licence and a pre-need salesperson licence, the
total fee payable for the combined licence or for the renewal of the
combined licence is

     (a)  $175, and

     (b)  an additional $25 in the case of an application made after the
applicant's combined licence has expired.

(10)  An applicant who applies on or after October 1 for any licence shall
pay half the applicable fee for that licence specified in this section.

(11)  Subsection (10) does not apply to any additional fee payable in the
case of an application made after the applicant's licence has expired.


     Transitional


Licences continued
38(1)  Where, on November 30, 1998, a person held a licence issued under
the Funeral Services Business Licensing Regulation (AR 360/92),

     (a)  that person continues to hold that licence as if it were issued
under the Act and this Regulation, and

     (b)  that licence expires on March 31, 1999.

(2)  Where, on November 30, 1998, a person held a licence issued under the
Prearranged Funeral Services Act as it existed on that date or under the
Prearranged Funeral Services Regulation (AR 103/92),

     (a)  that person continues to hold that licence under the Act and
this Regulation, and

     (b)  that licence expires on March 31, 1999.


Applications continued
39   An application for a licence made under the Prearranged Funeral
Services Act as it existed on November 30, 1998, the Funeral Services
Business Licensing Regulation (AR 360/92) or the Prearranged Funeral
Services Regulation (AR 103/92) and not concluded by November 30, 1998
shall be dealt with under the Act and this Regulation.


Continuing education relief for certain continued licences
40    Notwithstanding section 24(1)(a), where the Director renews the
pre-need salesperson licence of an applicant who held a salesman licence
issued under the Prearranged Funeral Services Regulation (AR 103/92) and
who was not the subject of any substantiated complaints related to that
licence, the Director shall renew the licence

     (a)  without imposing any continuing education requirement under
section 29, where the applicant held that licence for a period of 5 or more
consecutive years ending on November 30, 1998, or

     (b)  on the condition that the applicant complete a designated
pre-need salesperson training program and pass the program's final
examination by March 31, 2000, where the applicant held that licence for a
period of less than 5 consecutive years ending on November 30, 1998.


Extended period for report
41   A funeral services business whose fiscal year end occurs between
December 1, 1998 and April 30, 1999 does not have to provide the report
required by section 16 until 120 days after its following fiscal year end
and that report shall cover its financial affairs for the period between
December 1, 1998 and its most recent fiscal year end.

     Repeal, Expiry and Coming into Force

Repeal
42   The Prearranged Funeral Services Regulation (AR 103/92) is repealed.


Expiry
43   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 November 30, 2003.


Coming into force
44   This Regulation comes into force on December 1, 1998.



     SCHEDULE

The following shall appear in the statement of cancellation rights in each
pre-need funeral services contract:


     Purchaser's Right to Cancel

1   You may cancel this contract at any time for any reason.  You may
cancel without charge or penalty at any time during the period from the day
you enter into the contract until 30 days after you receive a copy of the
contract.

[Note to funeral services business: insert the version of paragraph 2 that
corresponds to your election of when to charge the administration fee.]

2   After the penalty-free 30-day cancellation period is over, the seller
will charge an administration fee of _____% of the cost of the contract
before your payment is placed in trust.  This administration fee is
non-refundable if you cancel.

2   After the penalty-free 30-day cancellation period is over, the seller
will place all of your payment in trust but if you cancel, the seller will
charge a non-refundable administration fee of _____% of the total amount in
your pre-need funeral plan.

3   If you cancel this contract, the seller has 15 days to refund any money
you are owed.  To cancel, you shall give a notice of cancellation to the
seller at the address in this contract.  You should give notice of
cancellation by a method that will allow you to prove that you gave notice,
such as registered mail, fax, courier or by personal delivery.

4   Money for your pre-need funeral plan will be placed in a trust account
with (name of trustee, branch and address).  You may request a statement
regarding your plan from this trustee at any time.


     ------------------------------

     Alberta Regulation 227/98

     Licensing of Trades and Businesses Act

     DIRECT SELLING BUSINESS LICENSING AMENDMENT REGULATION

     Filed:  November 5, 1998

Made by the Minister of Municipal Affairs (M.O. H:102/98) pursuant to
section 4(1)(b) of the Licensing of Trades and Businesses Act.


1   The Direct Selling Business Licensing Regulation (AR 315/82) is amended
by this Regulation.


2   Section 1(3) is amended

     (a)  by repealing clause (e) and substituting the following:

               (e)  a person who is licensed under the Funeral Services
Act to enter into funeral services contracts, including a person who is
licensed to enter into pre-need funeral services contracts,

     (b)  by adding the following after clause (o):

               (o.1)     a person who is licensed under the Cemeteries Act
to enter into pre-need contracts for the sale of cemetery supplies or
cemetery services or both.

     (c)  by repealing clause (p).


3   This Regulation comes into force on December 1, 1998.


     Alberta Regulation 228/98

     Licensing of Trades and Businesses Act

     FUNERAL SERVICES BUSINESS LICENSING REPEAL REGULATION

     Filed:  November 5, 1998

Made by the Minister of Municipal Affairs (M.O. H:103/98) pursuant to
sections 4(1) and 4.1 of the Licensing of Trades and Businesses Act.


1   The Funeral Services Business Licensing Regulation (AR 360/92) is
repealed.


2   This Regulation comes into force on December 1, 1998.


     ------------------------------

     Alberta Regulation 229/98

     Oil and Gas Conservation Act

     OIL AND GAS CONSERVATION AMENDMENT REGULATION

     Filed:  November 6, 1998

Made by the Alberta Energy and Utilities Board pursuant to section 10 of
the Oil and Gas Conservation Act.


1   The Oil and Gas Conservation Regulations (AR 151/71) are amended by
this Regulation.


2   Section 1.020(2) is amended in item 7 by striking out "without regard
for any deepening that may be made after substantially continuous drilling
has once ceased".


3   Section 12.010 is repealed and the following is substituted:

     12.010   The licensee of a well or the representative of the licensee
of a well shall keep and file with the Board records and reports relating
to the operations of the well in accordance with Guide 59 entitled "Well
Drilling and Completion Data Filing Requirements" and any amendment to that
Guide, as published by the Board.


4   Schedule 3 is repealed.


     Alberta Regulation 230/98

     Public Sector Pension Plans Act

     LOCAL AUTHORITIES PENSION PLAN AMENDMENT REGULATION

     Filed:  November 12, 1998

Made by the Lieutenant Governor in Council (O.C. 448/98) pursuant to
Schedule 1, section 4 of the Public Sector Pension Plans Act.


1   The Local Authorities Pension Plan (AR 366/93) is amended by this
Regulation.


2   The following provisions are amended by striking out "1998" wherever it
occurs and substituting "1999":

     (a)  section 117.1(1) and (7);

     (b)  section 117.2(1) and (8);

     (c)  section 117.3(1) and (8);

     (d)  section 117.5(1) and (8).


3   This Regulation is to come into force if, and only if, the Local
Authorities Pension Plan Board of Trustees, before 1999, recommends its
coming into force, and, if it does come into force, it does so on the day
that the recommendation is made.


     ------------------------------

     Alberta Regulation 231/98

     Public Sector Pension Plans Act

     PUBLIC SERVICE PENSION PLAN AMENDMENT REGULATION

     Filed:  November 12, 1998

Made by the Lieutenant Governor in Council (O.C. 449/98) pursuant to
Schedule 2, section 4 of the Public Sector Pension Plans Act.


1   The Public Service Pension Plan (AR 368/93) is amended by this
Regulation.


2   The following provisions are amended  by striking out "1998" wherever
it occurs and substituting "1999":

     (a)  section 117.1(1) and (7);

     (b)  section 117.2(1) and (8);

     (c)  section 117.3(1) and (8);

     (d)  section 117.5(1) and (8);

     (e)  section 117.6(1) and (8).


3   Section 117.4 is amended

     (a)  in subsection (1) by striking out "until the end of December
1998";

     (b)  by repealing subsections (7.1) and (8).


     ------------------------------

     Alberta Regulation 232/98

     Public Sector Pension Plans Act

     MANAGEMENT EMPLOYEES PENSION PLAN
     AMENDMENT REGULATION

     Filed:  November 12, 1998

Made by the Lieutenant Governor in Council (O.C. 450/98) pursuant to
Schedule 5, section 4 of the Public Sector Pension Plans Act.


1   The Management Employees Pension Plan (AR 367/93) is amended by this
Regulation.


2   The following provisions are amended by striking out "1998" wherever it
occurs and substituting "1999":

     (a)  section 117.2(1) and (8);

     (b)  section 117.3(1) and (8);

     (c)  section 117.4(1) and (8);

     (d)  section 117.5(1) and (8);

     (e)  section 117.6(1) and (8).


3   Section 117.4(7.1) is repealed.



     Alberta Regulation 233/98

     Funeral Services Act

     EXEMPTION REGULATION

     Filed:  November 12, 1998

Made by the Lieutenant Governor in Council (O.C. 452/98) pursuant to
section 2 of the Funeral Services Act.


Exemption from certain provisions
1   Sections 4.1 to 9 of the Funeral Services Act do not apply to any
person who is a party to or beneficiary of a contract of life insurance
under the Insurance Act where the proceeds of that insurance

     (a)  will pay in whole or in part for specified funeral services, or

     (b)  will be paid by assignment to a funeral services business as
beneficiary.


Expiry
2   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 November 30, 2003.


Coming into force
3   This Regulation comes into force on December 1, 1998.


     ------------------------------

     Alberta Regulation 234/98

     Municipal Government Act

     HENRY KROEGER REGIONAL WATER SERVICES
     COMMISSION AMENDMENT REGULATION

     Filed:  November 12, 1998

Made by the Lieutenant Governor in Council (O.C. 457/98) pursuant to
section 602.02 of the Municipal Government Act.


1   The Henry Kroeger Regional Water Services Commission Regulation (AR
30/88) is amended by this Regulation.


2   Section 2 is amended by adding the following after clause (d):

     (d.1)     The Village of Delia;

     (d.2)     Starland County;


3   Section 5(1) is repealed and the following is substituted:


     5(1)  The municipalities referred to in section 2(a), (b), (c), (d)
and (e) shall execute all documents and do all things necessary to transfer
to the Commission all land, buildings and personal property listed in
Schedule 1 to this Regulation.

     (1.1)  The municipalities referred to in section 2(d.1) and (d.2) and
the SDS Water Authority shall execute all documents and do all things
necessary to transfer to the Commission all land, buildings and personal
property listed in Schedule 2 to this Regulation.


4   Section 6 is amended by adding "or the SDS Water Authority" after
"section 2" and by striking out "Schedule" and substituting "Schedules".


5   Section 7 is amended by striking out "Schedule" and substituting
"Schedules" and by adding "or the SDS Water Authority" after "members of
the Commission".


6   The Schedule following section 7 is renumbered as SCHEDULE 1 and the
following is added after SCHEDULE 1:

     SCHEDULE 2

Treated water supply pipeline from the Henry Kroeger Regional Water
Commission pumping station in Hanna to the Village of Delia's treated water
storage tanks and the Hamlet of Craigmyle's treated water supply storage
tanks, including

     (a)  9 964 metres of 150mm Series 200 pipe;

     (b)  22 746 metres of 150mm Series 160 pipe;

     (c)  5 123 metres of 75mm Series 160 pipe.

Related pipeline appurtenances, including 3 automatic air/vac manholes, 19
manual air release valves, 13-150mm gate valves, 4-75mm gate valves,
pipeline warning signs and 15 089 metres of tracer wire.

Peabody Tec Tank bolted steel reservoir (32 276 USG capacity) and related
appurtenances including manways, roof vents, ladder, and guard rails.

Heated underground precast concrete control vault.

One S250 X 38 I beam with CM Series 632 Model 3234 Trolley and CM Series
622 Model 2256 Hoist.

Power monitoring system including IQ central energy display, custom billing
software, IQ energy sentinels, and PONI RS 232 communication adaptor.

Tank and vault located on Block 1 Registered Plan 971 0892.

2 Peerless Model 6LB 9 stage vertical open lineshaft turbine pumps with a
flow capacity of 92 USGPM at 3460 RPM.

Chlorine injection equipment.


     ------------------------------

     Alberta Regulation 235/98

     Municipal Government Act

     EDMONTON INTERNATIONAL AIRPORT VICINITY PROTECTION
     AREA AMENDMENT REGULATION

     Filed:  November 12, 1998

Made by the Lieutenant Governor in Council (O.C. 458/98) pursuant to
section 693 of the Municipal Government Act.


1   The Edmonton International Airport Vicinity Protection Area Regulation
(AR 63/81) is amended by this Regulation.


2   Section 4(2.1) is repealed and the following is substituted:

     (2.1)  Notwithstanding anything in this Regulation, a development
officer may issue a development permit for a veterinary clinic to be
located on either or both of Lot 1, Block N, Plan 772 2434 and Lot 9, Block
N, Plan 802 2594, and, if issued, the development permit shall contain the
condition that the construction of buildings shall conform to the exterior
acoustic insulation requirements of the Alberta Building Code that applies
to the construction.


3   Schedule C Table 2 is amended in the description of conditions "C1 or
C2" by striking out "Part 11 of the Alberta Building Code 1990" and
substituting "the Alberta Building Code that applies to the construction".