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THE ALBERTA GAZETTE, PART II, DECEMBER 15, 1998

     Alberta Regulation 236/98

     Cemeteries Act

     EXEMPTION REGULATION

     Filed:  November 18, 1998

Made by the Lieutenant Governor in Council (O.C. 472/98) pursuant to
section 60 of the Cemeteries Act.


     Table of Contents

Definition     1
Exemption for title registration   2
Commercial owners exemption for columbaria and mausolea     3
Repeal    4
Expiry    5
Coming into force   6

Schedule


Definition
1   In this Regulation, "Act" means the Cemeteries Act.


Exemption for title registration
2    Subject to the conditions, where applicable, stipulated in the
Schedule, the cemeteries listed in the Schedule are exempt from the
provisions of the Act and regulations under the Act that require that title
to land in a cemetery be registered in the name of the organization
operating the cemetery.


Commercial owners exemption for columbaria and mausolea
3(1)  In this section,

     (a)  "cemetery" means

               (i)  Edenbrook Memorial Gardens (Calgary);

               (ii) Mountain View Memorial Gardens (Calgary);

               (iii)     Evergreen Memorial Gardens (Edmonton);

               (iv) Glenwood Memorial Gardens (Edmonton);

               (v)  Saamis Prairie View Cemetery, formerly known as
Chapel Lawn Cemetery (Medicine Hat);

               (vi) Westlawn Memorial Gardens (Edmonton);

               (vii)     St. Patrick's Cemetery (Calgary);

     (b)  "owner" means

               (i)  CGRM Holdings Ltd.;

               (ii) Memorial Gardens Association (Alberta) Limited;

               (iii)     Calgary Crematorium Limited.

(2)  All existing and future columbaria and mausolea constructed or
operated in Alberta by an owner in a cemetery operated by that owner in
accordance with the Act are exempt from the operation of section 5 of the
Act.

(3)  As a condition of an exemption under subsection (2), the owner shall
obtain any permit or approval required in respect of a columbarium or
mausoleum by any enactment or municipal bylaw.


Repeal
4   Sections 13 to 17 and Schedule 2 of the Cemeteries, Mausolea and
Columbaria Regulation (AR 238/90) are repealed.


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 November 30, 2003.


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


     SCHEDULE

     EXEMPTIONS UNDER SECTION 2


1   The following cemeteries operated by the Special Areas Board:

     (a)  the New Brigden Cemetery, consisting of 2 acres, in the form of
a square in the south-east corner of the north-east quarter of section 34,
township 31, range 4, west of the 4th meridian;

     (b)  the Monitor Cemetery, consisting of all that portion of the
south-west quarter of section 7, township 35, range 4, west of the 4th
meridian, described as follows:  commencing at a point on the west boundary
of the said quarter section 900 feet south of the north-west corner
thereof, thence easterly and parallel with the north boundary of the said
quarter section 730 feet, thence southerly and parallel with the said west
boundary 180 feet, thence westerly and parallel to the said north boundary
to a point on the said west boundary, thence northerly along the said west
boundary to the point of commencement, containing approximately 3 acres;

     (c)  the Butte Lutheran Cemetery (Monitor), consisting of the most
northerly 297 feet of the most westerly 297 feet of the north-east quarter
of section 10, township 33, range 5, west of the 4th meridian;

     (d)  the Cop Hill Cemetery (Sedalia), consisting of all that portion
of the south-east quarter of section 14, township 31, range 6, west of the
4th meridian, described as follows:  commencing at a point on the south
boundary of the said quarter section 412 feet east of the south-west corner
thereof, thence northerly and parallel to the east boundary of the said
quarter section 264 feet, thence easterly and parallel to the said south
boundary 330 feet, thence southerly and parallel to the said east boundary
to a point in the said south boundary, thence westerly along the said south
boundary to the point of commencement, containing 2 acres, more or less;

     (e)  the Cessford Cemetery, consisting of the most northerly 300
feet of the most easterly 300 feet of the north-east quarter of section 33,
township 23, range 11, west of the 4th meridian, containing approximately
1.5 acres;

     (f)  the Union Cemetery (Spondin), consisting of the most southerly
208 feet of the most westerly 417 feet of the south-east quarter of section
2, township 34, range 12, west of the 4th meridian, containing 2 acres,
more or less;

     (g)  the Netherby Cemetery, consisting of all that portion of the
north-east quarter of section 20, township 33, range 13, west of the 4th
meridian, described as follows:  commencing at a point on the east boundary
of the said quarter section 416 feet south of the north-east corner
thereof, thence southerly along the said east boundary 208.7 feet, thence
westerly and parallel to the north boundary of the said quarter section
208.7 feet, thence northerly and parallel to the said east boundary 208.7
feet, thence easterly and parallel to the said north boundary to the point
of commencement, containing one acre, more or less;

     (h)  the Canmer (Esther) Cemetery, consisting of the most southerly
470 feet of the most westerly 464 feet of the south-west quarter of section
29, township 31, range 2, west of the 4th meridian, containing
approximately 5 acres;

     (i)  the Sibbald Cemetery, consisting of the most southerly 300 feet
of the most westerly 580 feet of the south-east quarter of section 15,
township 28, range 2, west of the 4th meridian, containing approximately 4
acres.

2   The St. Antoine's Roman Catholic Cemetery near Big Prairie, operated by
La Corporation Episcopale Catholique Romaine de Grouard, consisting of all
that portion of River Lot 97, in the Big Prairie Settlement, described as
follows:  commencing at a point 510 feet south-westerly from the north-east
boundary of the said River Lot on a line drawn parallel to and 350 feet
from the south-east boundary of the said River Lot, thence south-westerly
and parallel to the south-east boundary 156 feet, thence north-westerly and
parallel to the said north-east boundary 168 feet, thence north-easterly
and parallel to the said south-east boundary 156 feet, thence
south-easterly and parallel to the said north-east boundary to the point of
commencement, containing approximately   of an acre, more or less, on the
condition that there shall be no charge for grave plots in the cemetery.

3   The Sunnydale Community Cemetery near Oyen, consisting of 2.27 acres,
more or less, in the north-east corner of the south-east quarter of section
35, township 26, range 5, west of the 4th meridian, on the condition that
there shall be no charge for grave plots in the cemetery.

4   The Barnwell Community Cemetery operated by the Barnwell Community
Cemetery Company, Barnwell, consisting of 10 acres, more or less, in the
north-east quarter of section 29, township 9, range 17, west of the 4th
meridian, on the condition that the cemetery continues to be operated for
the benefit of the residents of the area and not operated for profit.

5   The following cemeteries operated by the County of Forty Mile No. 8:

     (a)  The Faith Union Cemetery, consisting of the most northerly
417.42 feet of the most westerly 417.42 feet of the north-west quarter of
section 13, township 4, range 9, west of the 4th meridian, containing 4
acres, more or less, on the condition that there shall be no charge for
grave plots in the cemetery;

     (b)  The Pakowki Cemetery, consisting of 3.84 acres, more or less,
in the north-west corner of the north-west quarter of section 15, township
5, range 7, west of the 4th meridian, on the condition that there shall be
no charge for grave plots in the cemetery.

6   The Town of Coleman Union and Catholic Cemetery, operated by the Town
of Coleman and consisting of 

     (a)  all that portion of the north-east quarter of section 8,
township 8, range 4, west of the 5th meridian, shown as Catholic Cemetery
on a plan dated March 1, 1966, initialled J.A.K., and

     (b)  all those portions of the north-east quarter of section 8 and
the south-east quarter of section 17 and the intervening Road Allowance in
township 8, range 4, west of the 5th meridian, shown as Union Cemetery on a
plan dated March 1, 1966, initialled J.A.K.


     Alberta Regulation 237/98

     Direct Sales Cancellation Act

     DIRECT SALES CANCELLATION AMENDMENT REGULATION

     Filed:  November 18, 1998

Made by the Lieutenant Governor in Council (O.C. 473/98) pursuant to
section 2 of the Direct Sales Cancellation Act.


1   The Direct Sales Cancellation Regulation (AR 171/96) is amended by this
Regulation.


2   Section 1 is amended by adding the following after clause (c):

     (d)  pre-need contracts for the provision of cemetery supplies or
cemetery services or both if the seller and salesperson are licensed under
the Cemeteries Act to enter into those contracts;

     (e)  pre-need funeral services contracts if the seller and
salesperson are licensed under the Funeral Services Act to enter into those
contracts.


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


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

     Alberta Regulation 238/98

     Judgment Interest Act

     JUDGMENT INTEREST AMENDMENT REGULATION

     Filed:  November 18, 1998

Made by the Lieutenant Governor in Council (O.C. 475/98) pursuant to
section 4 of the Judgment Interest Act.


1   The Judgment Interest Regulation (AR 364/84) is amended by this
Regulation.



2   The following is added after section 15:

     16   The interest rate from January 1, 1999 to December 31, 1999 is
prescribed at 4% per year.


     Alberta Regulation 239/98

     Health Disciplines Act

     RESPIRATORY THERAPISTS AMENDMENT REGULATION

     Filed:  November 18, 1998

Approved by the Lieutenant Governor in Council (O.C. 480/98) pursuant to
sections 7.9 and 27 of the Health Disciplines Act.


1   The Respiratory Therapists Regulation (AR 328/85) is amended by this
Regulation.


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

     (b)  "College" means the Alberta College and Association of
Respiratory Therapy designated under section 4.2(b) of the Act;


3   In the following provisions "Association" is struck out and  "College"
is substituted:

     section 2(e);
     section 3(3);
     section 9.1.


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

     Alberta Regulation 240/98

     Coal Conservation Act

     COAL CONSERVATION AMENDMENT REGULATION

     Filed:  November 18, 1998

Made by the Lieutenant Governor in Council (O.C. 482/98) pursuant to
section 9 of the Coal Conservation Act.


1   The Coal Conservation Regulation (AR 270/81) is amended by this
Regulation.


2   Sections 7, 11, 13, 18 and 20 are repealed.


3   Section 74(3) is amended by striking out "and pay the fee prescribed by
section 86".


4   The heading "PART 8 PERFORMANCE BONDS AND SCHEDULE OF FEES" preceding
section 82 is amended by striking out "SCHEDULE OF".


5   Section 86 is repealed.


6   Section 87 is repealed and the following is substituted:

     87   The fees payable to the Board for any map, report, document or
other record of the Board or for any service provided by the Board shall be
the amount of money that the Board requires to recover its costs of copying
or producing the record or of providing the service.


7   Section 88 is amended

     (a)  by striking out "sections 86 and" and substituting "section";

     (b)  by striking out "those sections" and substituting "that
section".


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

     Alberta Regulation 241/98

     Fatality Inquiries Act

     FATALITY INQUIRIES AMENDMENT REGULATION

     Filed:  November 18, 1998

Made by the Lieutenant Governor in Council (O.C. 474/98) pursuant to
section 49 of the Fatality Inquiries Act.


1   The Fatality Inquiries Regulation (AR 120/77) is amended by this
Regulation.


2   Schedule A is amended

     (a)  in section 1(1)

               (i)  in clause (a) by striking out "$60.00" and
substituting "$66";

               (ii) in clause (b) by striking out "$84.00" and
substituting "$92";

               (iii)     in clause (c) by striking out "$40.00" and
substituting "$44";

               (iv) by repealing clause (d);

               (v)  in clause (e) by striking out "$23.00" and
substituting "$25";

               (vi) in clause (f) by striking out "$29.00" and
substituting "$32";

               (vii)     by repealing clause (g);

               (viii)    in clause (h) by striking out "$25.00" and
substituting "$28";

     (b)  by repealing section 1(2);

     (c)  in section 2 by striking out "$230" and substituting "$253";

     (d)  in section 3(1)

               (i)  by striking out "$69" and substituting "$76";

               (ii) by striking out "55›" and substituting "$0.60";

     (e)  in section 3(2) by striking out "$17" and substituting "$19";

     (f)  in section 3(3) and (5) by striking out "$29" and substituting
"$32";

     (g)  in section 4(1)

               (i)  in clause (a) by striking out "$55" and
substituting "$60";

               (ii) in clause (b) by striking out "$45" and
substituting "$50";

               (iii)     in clause (c) by striking out "$17" and
substituting "$19";

     (h)  in section 4(2) by striking out "$17" and substituting "$19";

     (i)  by repealing section 4(3);

     (j)  in section 6(2) by striking out "$45" and substituting "$50".


     Alberta Regulation 242/98

     Cancer Programs Act

     CANCER PROGRAMS REGULATION

     Filed:  November 20, 1998

Made by the Minister of Health (M.O. #115/98) pursuant to sections 17 and
20.9 of the Cancer Programs Act.


     Table of Contents

Interpretation 1

     Part 1
     Cancer Registry

Cancer Registry     2
Information from physicians   3
Information from laboratories 4

     Part 2
     Cancer Drug Program

Cancer drug program 5
Group 1 cancer drugs     6
Group 2 cancer drugs     7
Group 3 cancer drugs     8
Prescription   9
Drug administration 10

     Part 3
     Investments

Investment of money 11

     Part 4
     Repeal, Expiry and Coming into Force

Repeal    12
Expiry    13
Coming into force   14

Schedule


Interpretation
1(1)  In this Regulation,

     (a)  "board medical staff" means the physicians appointed as members
of the medical staff of the Cross Cancer Institute or the Tom Baker Cancer
Centre;

     (b)  "Board Pharmacy" means the pharmacy at the Cross Cancer
Institute and the Tom Baker Cancer Centre, a pharmacy established by the
board and a pharmacy that has a contract with the board to provide pharmacy
services;

     (c)  "Board Pharmacy and Therapeutics Committee" means the Alberta
Cancer Board Pharmacy and Therapeutics Committee;

     (d)  "cancer drug" means a drug that is specified in the Schedule;

     (e)  "continuing care facility" means a facility that provides care
for residents in a setting other than an acute care facility and, without
limiting the generality of the foregoing, includes nursing homes and
auxiliary hospitals;

     (f)  "eligible member of the board medical staff" means a member of
the board medical staff who has been authorized by the President or the
President's designate to review prescriptions for cancer drugs and to
prescribe cancer drugs;

     (g)  "eligible resident" means a person who

               (i)  is a resident of Alberta,

               (ii) is registered in the Cancer Registry with a
diagnosis of cancer,

               (iii)     holds an Alberta personal health number,

               (iv) requires cancer drugs to treat cancer, and

               (v)  utilizes cancer drugs on an out-patient basis or as
a resident in a continuing care facility;

     (h)  "physician" means a person who is registered in the Alberta
Medical Register, Special Register, Courtesy Register or Educational
Register under the Medical Profession Act who is not under suspension;

     (i)  "President" means the chief executive officer appointed
pursuant to section 8 of the Act;

     (j)  "reportable cancer" means a cancer on the list adopted under
subsection (2).

(2)  The list of all diseases classified as malignant, in situ or
metastatic in the International Classification of Diseases for Oncology, as
amended from time to time, published by the World Health Organization, is
adopted as the list of reportable cancers.


     PART 1

     CANCER REGISTRY

Cancer Registry
2(1)   There is hereby established the Cancer Registry.

(2)   The board must register the information referred to in  sections 3
and 4 in the Cancer Registry.


Information from physicians
3   The following information must be provided to the board under section
20.5(1) of the Act by a physician who knows or has reason to believe that a
patient under the physician's care or supervision has a reportable cancer:

     (a)  the following patient data:

               (i)  name, including last name, maiden name if
applicable and first name, and initials for any other names;

               (ii) sex;

               (iii)     date of birth;

               (iv) place of birth;

               (v)  Alberta personal health number;

               (vi) patient's address (including postal code) at time
of diagnosis;

               (vii)     vital status;

               (viii)    diagnosis;

               (ix) date of diagnosis;

               (x)  method of diagnosis;

               (xi) name and address of physician;

               (xii)     treatment (type and date) administered to the
patient;

     (b)  the following tumour data:

               (i)  anatomical localization of the tumour;

               (ii) morphology of the tumour;

               (iii)     histologic grade of tumour;

               (iv) stage of the disease at diagnosis;

               (v)  site of metastasis, if appropriate;

               (vi) laterality of tumour, if appropriate;

               (vii)     multi-focal tumour, if appropriate;

               (viii)    other critical prognostic variables, if
appropriate;

               (ix) all clinical and epidemiological information
pertinent to the diagnosis and treatment.


Information from laboratories
4   The following information must be provided to the board under section
20.5(2) of the Act by the person responsible for the laboratory where an
examination of a specimen from a human body is conducted that reveals a
reportable cancer:

     (a)  the following laboratory data:

               (i)  name of the laboratory;

               (ii) address of the laboratory;

     (b)  the following patient data:

               (i)  name, including last name, maiden name if
applicable and first name, and initials for any other names;

               (ii) address, if available;

               (iii)     Alberta personal health number;

               (iv) date of test result (final report);

     (c)  the following site-specific tumour data:

               (i)  anatomical localization of the tumour;

               (ii) morphology of the tumour;

               (iii)     histologic grade of tumour, if appropriate;

               (iv) information relevant to staging, if appropriate;

               (v)  site of metastasis, if appropriate;

               (vi) laterality of tumour, if appropriate;

               (vii)     other critical prognostic variables, if
appropriate;

               (viii)    other information that the laboratory
considers appropriate.


     PART 2

     CANCER DRUG PROGRAM

Cancer drug program
5   The board may provide cancer drugs specified by the Minister in the
Schedule at no charge to eligible residents for the treatment of cancer in
accordance with this Part and the Schedule.


Group 1 cancer drugs
6(1)   Subject to subsection (2), cancer drugs in group 1 of the Schedule
may be provided by a Board Pharmacy pursuant to a prescription written by a
physician.

(2)  An eligible member of the board medical staff must review the initial
prescription referred to in subsection (1) within 30 days after it is
initially written and if the prescription is approved by the eligible
member of the board medical staff, the Board Pharmacy may continue to
provide the prescribed cancer drugs.


Group 2 cancer drugs
7  Cancer drugs in group 2 of the Schedule may be provided by a Board
Pharmacy only if the initial prescription is written by a member of the
board medical staff, but a subsequent prescription for the same patient may
be written by a physician.


Group 3 cancer drugs
8   Cancer drugs in group 3 of the Schedule may be provided by a Board
Pharmacy if 

     (a)  the cancer drugs are part of a research or clinical drug trial
approved by the board and the prescription is written by the principal
investigator or co-investigator in charge of the trial, or 

     (b)  the cancer drugs are approved for emergency release by the
Health Protection Branch of Health Canada and a prescription is written by
an eligible member of the board medical staff.


Prescription
9(1)   A prescription referred to in section 6, 7 or 8 must meet the
requirements with respect to the cancer drug set out in the column headed
"criteria" in the Schedule and must be in the dosage form set out in the
Schedule.

(2)  A prescription for a cancer drug must include the Cancer Registry
number issued by the board.


Drug administration
10   Subject to this Regulation, cancer drugs may be

     (a)  administered directly on an out-patient basis within hospitals,
out-patient clinics and continuing care facilities, or

     (b)  sent to other health care providers or Board Pharmacies for
administration or provision directly to the patient.


     PART 3

     INVESTMENTS

Investment of money
11(1)  When the board makes investments it must adhere to investment and
lending policies, standards and procedures that a reasonable and prudent
person would apply in respect of a portfolio of investments to avoid undue
risk of loss and obtain a reasonable return.

(2)  A contravention of subsection (1) by the board does not of itself make
any agreement or transaction void or invalid.


     PART 4

     REPEAL, EXPIRY AND COMING INTO FORCE


Repeal
12   The Cancer Regulations (AR 172/58) are repealed.


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 December 31, 2003.


Coming into force
14   This Regulation comes into force on the coming into force of the
Cancer Programs Amendment Act, 1992.


     SCHEDULE






     DRUG
GROUP


DOSAGE FORM



   CRITERIA


ALL-TRANS RETINOIC ACID
2
capsules
 restricted to treatment of acute promyelocytic leukemia
 prescribing limited to written authorization by named physicians:





CCI:
     Dr. Loree Larratt, Dr. Robert Turner, Dr. Lori Wood, Dr. Michael
Mant, Dr. Andrew Belch, Dr. Martin Palmer, Dr. Vernon Chichak, Dr. Arnold
Voth, Dr. Bruce Ritchie
     Dr. Paul Grundy, Dr. Sunil Desai, Dr. Beverly Wilson, Dr. Beverly
Bell





TBCC:
     Dr. Bernard A. Ruether, Dr. Allan R. Jones, Dr. Dean Ruether, Dr.
Man-Chui Poon, Dr. Richard Woodman, Dr. J. F. Ted Thaell, Dr. Graham Pineo,
Dr. Walter Blahey, Dr. Karen Valentine, Dr. Max Coppes, Dr. R. Marten
Egeler, Dr. Ron A. Anderson, Dr. Johannes Wolff





Lethbridge:
     Dr. David Holland
as recommended by the hematology/ lymphoma tumor program and the pediatric
tumor program.


ALTRETA-MINE
2
capsules
 restricted to treatment of 2nd line ovarian cancer
 prescribing limited to written authorization by named physicians:





CCI:
     Dr. Valerie Capstick, Dr. Alexandra Schepansky





TBCC:
     Dr. Gavin Stuart, Dr. Jill Nation
as recommended by the gynaecology tumor program.


AMSACRINE
1
injectable



ANASTRO-ZOLE
1
tablets
 2nd line hormonal therapy for postmenopausal metastatic breast cancer
 may be given first line in those patients who are at risk of a
thromboembolic event


ANAGRELIDE
1
capsules
 for thrombocytosis due to myeloproliferative disorder
 prescribing limited to written authorization by a haematologist.


ASPARAGI-NASE
1
injectable



BCG
1
injectable
 bladder carcinoma


BICALUTA-MIDE
1
tablets
 restricted to patients who are intolerant to nilutamide and flutamide


BLEOMYCIN
1
injectable



BUSERELIN
1
injectable
 prostate cancer. Effective April 1, 1998, the recommended LHRH for new
patients


BUSULFAN
1
tablets



CARBOPLA-TIN
1
injectable



CARMUSTINE
1
injectable



CHLORAM-BUCIL
1
tablets



CISPLATIN
1
injectable



CLADRIBINE
2
injectable
 restricted to treatment of hairy cell leukemia
 Waldenstrom's macroglobulinemia
 prescribing limited to written authorization by named physicians:






CCI:
     Dr. Loree Larratt, Dr. Robert Turner, Dr. Michael Mant; Dr. Andrew
Belch, Dr. Martin Palmer, Dr. Vernon Chichak, Dr. Arnold Voth, Dr. Bruce
Ritchie, Dr. Lori Wood





TBCC:
     Dr. Bernard A. Ruether, Dr. Allan Robert Jones, Dr. Dean Ruether, Dr.
Man-Chiu Poon, Dr. Richard Woodman, Dr. J.F. Ted Thaell, Dr. Graham Pineo,
Dr. Walter Blahey, Dr. Karen Valentine





Lethbridge:
     Dr. David Holland
as recommended by the hematology/lymphoma tumor program.


CORTISONE ACETATE
1
tablets
 use with  Mitotane only


CYCLOPHOS-PHAMIDE
1
injectable,
tablets



CYPROTE-RONE
1
tablets



CYTARA-BINE
1
injectable



DACARBA-ZINE
1
injectable



DACTINO-MYCIN
1
injectable



DAUNORUBI-CIN
1
injectable



DEXAME-THASONE
1
injectable,
tablets
 antiemetic use NOT covered


DIETHYLSTILBESTROL
1
tablets



DIETHYLSTIL-BESTROL DIPHOSPHATE
1
injectable, tablets



DOCETAXEL
2
injectable
 restricted to the treatment of metastatic breast cancer when no response
to anthracycline (doxorubicin, epirubicin, or mitoxantrone) containing
regimen.  Relapse within 1 year after completion of adjuvant chemotherapy
including an anthracycline.  First assessment of efficacy after 2 courses.





 only one taxane is to be administered to any one patient
 prescribing limited to written authorization by named physicians:





CCI:
     Dr. Jean-Marc Nabholtz, Dr. Michael Smylie, Dr. John Mackey, Dr.
Katia Tonkin





TBCC:
     Dr. Peter Geggie, Dr. Alexander Paterson, Dr. Dean Ruether, Dr. Doug
Stewart
as recommended by the breast tumor program.


DOXORUBICIN
1
injectable



EPIRUBICIN
1
injectable



ERWINIA ASPARAGI-NASE
3
injectable
 restricted to use in patients hypersensitive to E. Coli asparaginase for
remission induction in acute lymphoblastic leukemia
 prescribing limited to written authorization by named physicians:





CCI:
     Dr. Paul Grundy, Dr. Sunil Desai, Dr. Beverly Wilson, Dr. Beverly
Bell





TBCC:
     Dr. Max Coppes, Dr. R. Maarten Egeler, Dr. Ronald A. Anderson, Dr.
Johannes E. Wolff
as recommended by the pediatric tumor program.


ESTRAMU-STINE
1
capsules



ETOPOSIDE
1
injectable,
capsules



FLUDARABINE
2
injectable
 previously treated chronic lymphocytic leukemia
 low grade lymphoma
 Waldenstrom's macroglobulinemia
 prescribing limited to written authorization by named physicians:





CCI:
     Dr. Loree Larratt, Dr. Robert Turner, Dr. Michael Mant, Dr. Andrew
Belch, Dr. Martin Palmer, Dr. Vernon Chichak, Dr. Arnold Voth, Dr. Bruce
Ritchie, Dr. Lori Wood





TBCC:
     Dr. Bernard A. Ruether, Dr. Allan Robert Jones, Dr. Dean Ruether, Dr.
Man-Chiu Poon, Dr. Richard 





     Woodman, Dr. J.F. Ted Thaell, Dr. Graham Pineo, Dr. Walter Blahey,
Dr. Karen Valentine





Lethbridge:
     Dr. David Holland
as recommended by the hematology / lymphoma tumor program.


FLUOROU-RACIL
1
injectable,
cream



FLUOXYMES-TERONE
1
tablets



FLUTAMIDE
1
tablets
Effective April 1, 1998 - recommended nonsteroidal antiandrogen for new
patients.


FORMESTANE
1
injectable
 2nd line hormonal therapy for elderly post menopausal metastatic breast
cancer  as alternative to oral anastrazole


GOSERELIN
1
injectable
 prostate cancer. Effective April 1, 1998
new patients starting on this are restricted to those intolerant to
Buserelin & Leuprolide.



HYDROCORTI-SONE SODIUM SUCCINATE
1
injectable
 intrathecal use only


HYDROXY-UREA
1
capsules



IFOSFAMIDE
1
injectable



INTERFERON
1
injectable
For non approved indication subject to resolution of financial arrangements
between ACB and supplier(s)


alpha 2a or 2b
1
injectable
 cladribine-resistant hairy cell leukemia
 Kaposi's sarcoma
 chronic myelogenous leukemia


INTERFERON
alpha 2a ONLY
1
injectable
 mycosis fungoides and sezary syndrome (cutaneous T-cell lymphomas)
 prescribing limited to written authorization by named physicians:





CCI: 
     Dr. Loree Larratt, Dr. Andrew Belch, Dr. Andrew Voth, Dr. Robert
Turner, Dr. Martin Palmer, Dr. Bruce Ritchie, Dr. Lori Wood, Dr. Martin
Mant, Dr. Vernon Chichak





TBCC :
     Dr. Allan Robert Jones, Dr. Dean Ruether, Dr. Bernard A. Ruether, Dr.
Man-Chui Poon, Dr. Richard Woodman, Dr. J.F. Ted Thaell, Dr. Graham Pineo,
Dr. Walter Blahey, Dr. Karen Valentine





Lethbridge:
     Dr. David Holland
as recommended by the hematology /lymphoma tumor program.


     alpha 2a ONLY
1
injectable
 metastatic renal cell carcinoma


alpha 2b ONLY
1
injectable
 basal cell carcinoma
 adjuvant treatment of high risk melanoma  second line therapy of
superficial bladder cancer





 maintenance therapy in multiple myeloma patients who have achieved
complete remission after high dose chemotherapy and autologous stem cell
transplant, with prescribing limited to written authorization by named
physicians:





CCI:
     Dr. Loree Larratt, Dr. Robert Turner, Dr. Lori Wood, Dr. Michael
Mant, Dr. Andrew Belch, Dr. Martin Palmer, Dr. Vernon Chichak, Dr. Arnold
Voth, Dr. Bruce Ritchie





TBCC:
     Dr. Allan Robert Jones, Dr. Dean Ruether, Dr. Bernard A. Ruether, Dr.
Man-Chui Poon, Dr. Richard Woodman, Dr. J. F. Ted Thaell, Dr. Graham Pineo,
Dr. Walter Blahey, Dr. Karen Valentine





Lethbridge:
     Dr. David Holland
as recommended by the hematology /lymphoma tumor program.


IRINOTECAN
2
injectable
Metastatic Colorectal Cancer
 2nd line after 5Fu based chemo, with prescribing limited to written
authorization by named physicians:
CCI:
     Dr. A.L.A. Fields, Dr. Lori Wood
TBCC:
     Dr. Alfred Wong
as recommended by the GI tumor program.


LETROZOLE
1
tablets
restricted to patients who are intolerant to Anastrozole


LEUCOVORIN CALCIUM
1
injectable,
tablets
 rescue therapy for methotrexate only
 in combination  with 5FU


LEUPROLIDE
1
injectable
 prostate cancer. Effective April 1, 1998, new patients starting on this
are restricted to those intolerant to Buserelin


LOMUSTINE
1
capsules



MECHLORE-THAMINE
1
injectable,
topical



MEDROXY-PROGESTE-RONE ACETATE
1
tablets, injectable



MEGESTROL ACETATE
1
tablets



MELPHALAN
1
tablets



MERCAPTOPURINE
1
tablets



MESNA
1
injectable



METHOTREXATE
1
injectable,
tablets



MITOMYCIN
1
injectable



MITOTANE
1
tablets
 steroid replacement if required


MADISON-TONE
1
injectable



NANDROLONE DECANOATE
1
injectable



NILUTAMIDE
1
tablets
Effective April 1, 1998, restricted to patients who are intolerant to
Flutamide.


PACLITAXEL
2
injectable
Ovarian Cancer
Recurrent
 restricted to treatment of metastatic recurrent ovarian cancer which has
failed treatment with a platinum containing regimen





First line ovarian cancer 
 restricted to patients with suboptimally debulked stage III and IV
disease.  Assess response after 3 courses, if disease progression is
documented this regimen would be terminated.






Other
 1st line therapy for patients with suboptimally debulked adenocarcinoma of
ovarian, fallopian tube or primary peritoneal origin.





 2nd line therapy for patients with ovarian, fallopian tube or primary
peritoneal adenocarcinoma who have not received taxanes as part of
first-line therapy.





 response assessed after three courses and treatment is discontinued with
this drug if disease progression is documented.





 prescribing limited to written authorization by named physicians:
CCI:
     Dr. Alexandra Schepansky, Dr. Valerie Capstick





TBCC:
     Dr. Gavin Stuart, Dr. Jill Nation
Red Deer:
     Dr. Neil Graham
Grande Prairie:
     Dr. Claudia Strehlke
as recommended by the gynecology tumor program.


PACLITAXEL
2
injectable
Breast Cancer





 restricted to the treatment of metastatic breast cancer when no response
to anthracycline (doxorubicin, epirubicin, or mitoxantrone) containing
regimen. Relapse within 1 year after completion of adjuvant chemotherapy
including an anthracycline. First assessment of efficacy after 2 courses





 only one taxane is to be administered to any one patient





 prescribing limited to written authorization by named physicians:





CCI:
     Dr. Jean-Marc Nabholtz, Dr. Michael Smylie, Dr. John Mackey, Dr.
Katia Tonkin





TBCC:
     Dr. Peter Geggie, Dr. Alexander Paterson, Dr. Dean Ruether, Dr. Doug
Stewart
as recommended by the breast tumor program.


PAMIDRO-NATE
1
injectable
 treatment of multiple myeloma


PEG  ASPARA
GINASE
3
injectable
 prescribing limited to written authorization by named physicians:
CCI:
     Dr. Paul Grundy, Dr. Sunil Desai, Dr. Beverly Wilson, Dr. Beverly
Bell
TBCC:
     Dr. Max Coppes, Dr. R. Maarten Egeler, Dr. Ronald A. Anderson, Dr.
Johannes E. Wolff
as recommended by the pediatric tumor program as per POG protocols.


PREDNISONE SODIUM PHOSPHATE
1
liquid
 first line agent for pediatric patients under 7 years of age
 second-line agent for pediatric patients 7 years and older unable to
tolerate prednisone tablets


PREDNISONE
1
tablets



PROCARBA-ZINE
1
capsules



RALTITREXED
2
injectable
 treatment of metastatic colorectal cancer
NOTE:  Because there is a possibility that FUFA may provide slightly
superior survival, FUFA should remain the first choice for younger, fitter
patients.  Raltitrexed may be considered the treatment of choice in elderly
patients (over age 70),





patients who have experienced severe mucositis with FUFA despite one stage
of dose reduction, or in patients with late relapse after adjuvant
treatment where the adjuvant 5FU based treatment was poorly tolerated with
documented reason for intolerance.





 prescribing limited to written authorization by named physicians:





CCI:
Dr. John Pedersen, Dr. A.L.A. Fields, Dr. Lori Wood 
TBCC:
     Dr. Keith Arthur, Dr. A. Wong, Dr. A. Chan, Dr. W. Temple, Dr. C.
McCulloch, Dr. J. Langevin, Dr. D. Jenkin, Dr. E. Mortis





Red Deer:
     Dr. Neil Graham
Grande Prairie:
     Dr. Claudia Strehlke
as recommended by the GI tumor program.


STREPTOZO-CIN
1
injectable



TAMOXIFEN
1
tablets



TENIPOSIDE
1
injectable



THIOGUANINE
1
tablets



THIOTEPA
1
injectable




TOPOTECAN
2
injectable
 advanced epithelial ovarian cancer as second line therapy.
 prescribing limited to written authorization by named physicians:
CCI:
     Dr. Valerie Capstick, Dr. Alexandra Schepansky





TBCC:
     Dr. Gavin Stuart, Dr. Jill Nation
as recommended by the gynecology tumor program.


VINBLASTINE
1
injectable



VINCRISTINE
1
injectable



VINDESINE
1
injectable



VINORELBINE
2
injectable
Lung Cancer
 restricted to the treatment of metastatic non-small cell lung cancer with
an ECOG score of 2 or better.





 prescribing limited to written authorization by named physicians:
CCI:
     Dr. Martin Palmer, Dr. Michael Smylie, Dr. Grant MacLean





TBCC:
     Dr. Edna Rapp
as recommended by the lung tumor program.





Metastatic Breast
 first line therapy for elderly patients (over 65 years of age) and second
or third line therapy for metastatic breast cancer.  Assess response after
2 cycles.





 prescribing limited to written authorization by named physicians:
CCI:
     Dr. Jean-Marc Nabholtz, Dr. Michael Smylie, Dr. John Mackey, Dr.
Katia Tonkin





TBCC:
     Dr. Peter Geggie, Dr. Alexander Paterson, Dr. Doug Stewart
as recommended by the breast tumor program.



     Alberta Regulation 243/98

     Forest and Prairie Protection Act

     FOREST AND PRAIRIE PROTECTION REGULATIONS,
     PART II AMENDMENT REGULATION

     Filed:  November 25, 1998

Made by the Minister of Environmental Protection (M.O. 44/98) pursuant to
section 40(a) of the Forest and Prairie Protection Act.


1   The Forest and Prairie Protection Regulations, Part II (AR 310/72) are
amended in section 12(1) by adding "or by any alternate method approved by
the Director" after "in an enclosed burner approved by the Director".


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

     Alberta Regulation 244/98

     Municipal Government Act

     REGIONAL SHOPPING CENTRE ALLOCATION OF
     ASSESSMENT REGULATION

     Filed:  November 25, 1998

Made by the Lieutenant Governor in Council (O.C. 491/98) pursuant to
section 603 of the Municipal Government Act.


     Table of Contents

Definitions    1
Purpose   2
Application of regulation     3
Application for allocation of assessment     4
Calculation of allocation of assessment 5
Effect of allocation of assessment 6
Provision of information 7
Charges   8
Recalculation  9
Review    10
Repeal    11

Schedule 

Definitions
1  In this Regulation, 

     (a)  "Act" means the Municipal Government Act;

     (b)  "allocation of assessment" means the allocation of the total
assessment of a regional shopping centre among the components of the
regional shopping centre;

     (c)  "anchor tenant" means, with respect to a regional shopping
centre listed in Column 2 of the Schedule, the anchor tenants that are
listed in Column 3 of the Schedule;

     (d)  "assessed person" means the assessed person of the regional
shopping centre;

     (e)  "commercial retail unit" or "CRU" means a retail or service
premises in a regional shopping centre, other than the following:

               (i)  anchor tenant premises;

               (ii) free-standing premises;

               (iii)     office premises;

               (iv) hotel premises;

               (v)  the exterior common area and interior common area;

     (f)  "component" of a regional shopping centre means the following:

               (i)  each anchor tenant premises;

               (ii) the aggregate of the CRU premises;

               (iii)     each free-standing premises;

               (iv) the aggregate interior common area;

               (v)  the aggregate exterior common area;

               (vi) each premises that is not included in any of
subclauses (i) to (v), including office premises and hotel premises;

     (g)  "exterior common area" includes that part of a regional
shopping centre that consists of pavement, parking structures and land;

     (h)  "interior common area" means that part of the gross building
area of a regional shopping centre that is not gross leasable area;

     (i)  "office premises" means any area within a regional shopping
centre that consists of more than 6 offices and is specifically designated
to be used for office purposes;

     (j)  "regional shopping centre" means, subject to section 3(3), a
regional shopping centre listed in Column 2 of the Schedule;

     (k)  "total assessment" means the assessment shown for the regional
shopping centre on the municipality's assessment roll, but where section
3(3) applies, excludes that part of the total assessment that is
attributable to the addition referred to in that subsection.


Purpose
2   The purpose of this Regulation is to provide an allocation of
assessment for use by regional shopping centres for the purpose of internal
allocation of property taxes among the components of  regional shopping
centres.


Application of regulation
3(1)  This Regulation applies only in respect of the taxation years 1999 to
2008 inclusive.

(2)  This Regulation applies in respect of a regional shopping centre in
respect of a taxation year only where

     (a)  at least one lease agreement between an anchor tenant and the
assessed person provides for the allocation of the property tax payable in
respect of the regional shopping centre based on either separate
assessments or on the methodology used by the municipality to derive the
assessment for the regional shopping centre, 

     (b)  the assessment for the regional shopping centre as determined
by the municipality for the taxation year is based chiefly on the income
approach to value, and

     (c)  the assessed person applies in writing to the municipality not
later than December 31 preceding the taxation year for an allocation of
assessment under this Regulation.

(3)  Where the building footprint or envelope of a regional shopping centre
changes by reason of an addition to the shopping centre that is completed
after December 31, 1997, the addition shall not be considered to be part of
the regional shopping centre for the purposes of this Regulation.


Application for allocation of assessment
4   An application referred to in section 3(2)(c) must be in a form
acceptable to and contain the information prescribed by the municipality.


Calculation of allocation of assessment
5(1)  If the conditions in section 3(2) are met with respect to a regional
shopping centre, the municipality shall do the following:

     (a)  determine the value of each component by using the assessment
method that was used by the municipality in the year preceding the first
year in which an assessment using the income approach to value is prepared;

     (b)  prepare an allocation to each component of the total value of
all components determined under clause (a) by

               (i)  dividing the value for each component determined
under clause (a) by the total value of all components so determined to
determine the percentage that the value of each component is of the total
value, and

               (ii) multiplying the percentage determined under
subclause (i) for each component by the total assessment prepared using the
income approach to value;

     (c)  annually prepare an allocation of the total assessment to each
component by using the same income approach to value that was used in
preparing the assessment;

     (d)  prepare an annual allocation of assessment for each component
by

               (i)  determining the difference in valuation for the
component as calculated under clauses (b) and (c), and

               (ii) increasing or decreasing the allocation of value
for the component calculated under clause (b) for each taxation year set
out in the Table at the end of this section by a yearly increment equal to
the corresponding percentage of the difference or valuation that is
specified for that year in column 2 of that Table.

(2)  Where the assessed person first makes application under section
3(2)(c) in respect of a year after 1999, the percentage increments for the
purposes of subsection (1)(d)(ii) are set out in Column 3 of the Table at
the end of this section.

(3)  Subject to section 9(1), the percentages determined under subsection
(1)(b)(i) shall remain constant for all taxation years to which this
Regulation applies.

     Table

     Column 1
     Column 2
     Column 3


Taxation Year
Percentage Increment (section 5(1)(d)(ii))
Percentage Increment (section 5(2))


1999
10.00%
N/A


2000
20.00%
11.1111%


2001
30.00%
12.5000%


2002
40.00%
14.2857%


2003
50.00%
16.6666%


2004
60.00%
20.0000%


2005
70.00%
25.0000%


2006
80.00%
33.3333%


2007
90.00%
50.0000%


2008
100.00%
100.0000%



Effect of allocation of assessment
6(1)  An allocation of assessment for a component that is prepared in
accordance with section 5(1)(d) is deemed to be a separate assessment of
the component for the purposes of an agreement referred to in section
3(2)(a).

(2)  Nothing in this Regulation affects an assessed person's liability to
pay taxes under the Act.


Provision of information
7   In each taxation year in which this Regulation applies in respect of a
regional shopping centre, the municipality shall, not later than the date
on which it sends the tax notice in respect of the regional shopping centre
to the assessed person, provide to the assessed person

     (a)  a schedule setting out the allocations of assessment in respect
of the components of the regional shopping centre for the taxation year,
together with the details of how the allocations of assessment were
calculated, and

     (b)  sufficient information to disclose the details as to how the
total assessment and other valuations used for the purposes of this
Regulation were calculated.


Charges
8(1)  A municipality may impose a reasonable charge on the assessed person
for

     (a)  the preparation and provision of the material referred to in 
section 7, and

     (b)  making a recalculation under section 9

and the charge may, without limitation, include a charge for the time spent
by the municipality's employees or agents in the preparation and provision
of the material or the making of the recalculation. 

(2)  A municipality may add the reasonable charge authorized under
subsection (1) to the tax roll of the regional shopping centre.


Recalculation
9(1)  Where property forming part of a regional shopping centre is
destroyed or is the subject of a subdivision, or where a change in the
component breakdown of the regional shopping centre occurs, the
municipality shall recalculate the allocations of assessment for the
remaining applicable taxation years referred to in section 3(1).

(2)  Where the assessment for a regional shopping centre for a taxation
year changes as a result of the operation of Part 11 or 12 of the Act, the
municipality shall recalculate the allocations of assessment for that
taxation year.

(3)  On making a recalculation under subsection (1) or (2), the
municipality shall forthwith comply with section 7.


Review
10(1)  The assessed person may, not later than August 31, apply to the
Minister for a review of any or all of the following with respect to the
taxation year:

     (a)  any amount determined under section 5(1), other than the amount
of the assessment for the regional shopping centre that is shown on the
municipality's assessment roll and uses the income approach to value; 

     (b)  a recalculation of allocations of assessment under section 9;

     (c)  the charge imposed on the assessed person under section 8.

(2)  An application must contain the information required by and be in a
form acceptable to the Minister.

(3)  In a review, the Minister may make any changes in the allocations of
assessment, recalculation or charges that the Minister considers
appropriate.

(4)  The Minister's decision on a review is final.


Repeal
11   This Regulation is made under section 603(1) of the Act and is subject
to repeal under section 603(2) of the Act.


     SCHEDULE

     Regional Shopping Centres in Alberta


Column 1
Column 2
Column 3


Municipality
Regional Shopping Centre
Anchor Tenants



Brooks

Calgary
Cassil Shopping Centre

Brentwood Village

Chinook Centre
Deer Valley
Deerfoot
Market Mall



Marlborough
North Hill Shopping   Centre
Northland Village

Southcentre Mall

Sunridge Mall
Westhills Towne   Centre
Zellers, Safeway

K-Mart, London Drugs, Safeway
Bay, Sears, Zellers 
Co-op
Bay, Wal-Mart/Woolco
Bay, Zellers, Safeway,  Toys-R-Us, Famous Players, Alberta Liquor Control
Board
Wal-Mart, Sears
North Hill Cinemas, Liquor  Barn
Eaton's, Wal-Mart, Cineplex
Bay, Eaton's, Safeway,   Famous Players
Eaton's, Zellers
Safeway, Famous Players, Revelstoke, Chapters


Edmonton
Bonnie Doon
Capilano
Edmonton Centre
Heritage Mall

Kingsway Garden Mall

Londonderry Mall

Meadowlark Shopping        Centre
Millbourne Mall
Millwoods Towne  Centre
NorthTown Mall
Northwood Mall
Southgate Shopping   Centre

West Edmonton Mall




Westmount
Sears, Zellers, Safeway, 
Wal-Mart, Safeway
Bay
Sears, Eaton's Safeway,  Woolco/Wal-Mart
Bay, Sears, Zellers, Sears  Tire Centre
Bay, Eaton's, Wal-Mart  (Woolco)
Zellers

Zellers
Eaton's

K-Mart
K-Mart, Zellers, Safeway
Bay, Eaton's, Safeway, Alberta Liquor Control Board
Bay (Phase 1), Eaton's, Sears, Zellers, Cineplex, Famous Players, London
Drugs, Bay (Phase 3), Canadian Tire
Zellers, Safeway


Fort McMurray
Peter Pond Shopping Centre
Zellers


Grande Prairie
Prairie Mall
Zellers, Sears


Lethbridge
Centre Village Mall
Lethbridge Centre

Park Place Mall
Bay, Safeway
Bay, Safeway, Twin Cinema
Eaton's, Sears, Staples, Winners, Cineplex


Medicine Hat
Medicine Hat Mall

Southview Mall
Bay, Sears, Zellers, Safeway
K-Mart, Saan


Red Deer
Bower Place

Parkland Mall
Bay, Eaton's, Toys-R-Us, Zellers
Sears, Wal-Mart, Safeway


St. Albert
St. Albert Centre

Bay, Wal-Mart/Woolco


Sherwood Park
Sherwood Park Mall
Zellers, Safeway


Wetaskiwin
Wetaskiwin Mall
Wal-Mart, Safeway



     Alberta Regulation 245/98

     Cancer Programs Act

     ALBERTA CANCER FOUNDATION REGULATION

     Filed:  November 25, 1998

Made by the Lieutenant Governor in Council (O.C. 493/98) pursuant to
section 31 of the Cancer Programs Act.


Definitions
1   In this Regulation,

     (a)  "Act" means the Cancer Programs Act;

     (b)  "directive" means an instrument issued under section 2(6);

     (c)  "Foundation" means the Alberta Cancer Foundation established by
section 22 of the Act.


Transfer of property to Foundation
2(1)  The board may, after taking all reasonable steps to ensure that
existing trust conditions, if any, will be complied with, transfer to the
Foundation any property received by the board by means of a bequest,
donation or other gift.

(2)  Subject to any directive, the board may make repayable advances to the
Foundation.

(3)  Subject to any directive, the board may provide a non-monetary subsidy
to the Foundation if the board expects to receive benefits from the
Foundation that exceed the value of that subsidy.

(4)  If the board provides a non-monetary subsidy under subsection (3), it
shall advise the Foundation of the value of the subsidy within 21 days
after the end of the board's fiscal year.

(5)  The board may transfer any property to the Foundation under
circumstances not covered by any other subsection of this section provided
that the board considers that it is receiving fair value in exchange for
the transfer of property.

(6)  The Minister may issue to the board a written policy, rule, direction
or guideline for the purposes of subsection (2) or (3).


Winding-up of Foundation
3(1)    The Minister may order that the Foundation be wound up in any of
the following circumstances:

     (a)  on the request of the Foundation;

     (b)  if the Foundation contravenes the Act or the regulations;

     (c)  if the Minister is satisfied that the Foundation is inactive;

     (d)  if the Minister is satisfied that the Foundation is not
carrying out its objects;

     (e)  if the board ceases to exist.

(2)  The Foundation may not be wound up except by an order of the Minister
under subsection (1).

(3)  If the Minister orders that the Foundation be wound up,

     (a)  the Minister shall, subject to section 30 of the Act and to
subsection (4), take such measures as the Minister considers necessary to
give effect to the order and, for that purpose, has all the power and
authority to act as if the Minister were the Foundation, and

     (b)  the board may not exercise any of its powers or authority
except under the direction of the Minister.

(4)  If the Foundation is wound up, the balance of the property of the
Foundation, after applying section 30 of the Act, shall be transferred

     (a)  to a successor foundation if, in the Minister's opinion, there
is one,

     (b)  if, in the Minister's opinion, there is no successor
foundation, to the board for the benefit of any facilities or programs
formerly benefitted by the Foundation, or

     (c)  if, in the Minister's opinion, there is no successor foundation
and either there are no facilities or programs referred to in clause (b) or
the board no longer exists or is no longer functioning, to another person
in Alberta who is a qualified donee within the meaning of the Income Tax
Act (Canada) and who has objects or purposes that the Minister indicates to
be similar to the objects of the Foundation.


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 June 30, 2003.


     Alberta Regulation 246/98

     Adult Adoption Act

     ADULT ADOPTION REGULATION

     Filed:  November 25, 1998

Made by the Lieutenant Governor in Council (O.C. 498/98) pursuant to
section 13 of the Adult Adoption Act.


Forms
1   The forms set out in the Schedule are prescribed as the forms for the
purposes of the Adult Adoption Act.


Appearance by potential adoptee
2   Where the person to be adopted indicates in Form 3 a wish to appear in
person before the judge considering the adoption application, the
petitioner must

     (a)  serve the person to be adopted with a copy of the filed
petition and supporting documents personally or by double registered mail
at least 10 days before the date of the hearing, and

     (b)  file an affidavit of service with the Clerk of the Court at
least 7 days before the date of the hearing.


Repeal
3   The Adult Adoption Regulation (AR 359/94) 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 December 31, 2003.


     SCHEDULE

     FORM 1

     PETITION

     IN THE COURT OF QUEEN'S BENCH OF ALBERTA

     JUDICIAL DISTRICT OF                        

     IN THE MATTER OF THE
      ADULT ADOPTION ACT,

     and in the matter of the petition by
                                                           
     for the adoption of
                                                           ,
     born the        day of                   ,  (year) 
     Birth Registration Number                            


     Regarding the application by  (name(s) of petitioner(s))     
     of   
          (address) 
     for an adoption order regarding (name of person to be adopted, as on
birth document), born  y/m/d.  Birth Registration Number:   

     

     Petition

     By making this petition, I/we state:
         that I am/we are adults who want to adopt this person.
         that to support my/our petition, I/we have enclosed my/our
affidavit(s) and the other information required by the Adult Adoption Act.

     

     Signature(s)

   (signature of petitioner)        year / month / day 

   (signature of petitioner)        year / month / day 



To:  

Take notice that a petition for the adoption of

     
will be presented before the presiding Justice in Chambers at    
in the City of      ,
Province of Alberta, on  
the         day of  
at the hour of         in the 
noon, or soon thereafter, for an order of adoption.



NOTICE:

Pursuant to the Adult Adoption Act, the Rules of Court and the practice of
the Court, this case will be called for hearing at the time and place noted
above and may be proceeded with in your absence.


     FORM 2

     AFFIDAVIT OF PETITIONER

     IN THE COURT OF QUEEN'S BENCH OF ALBERTA

     JUDICIAL DISTRICT OF                               

     IN THE MATTER OF THE
     ADULT ADOPTION ACT,

     and in the matter of the petition by
                                                           
     for the adoption of
                                                           ,
     born the           day of                   ,   (year)  
     Birth Registration Number                            

     
     Affidavit

     I,   (legal name of petitioner)                     ,
     of            (address)  ,
     in the Province of Alberta, make oath and say:

     1.   I am applying for an adoption order: (check one of the
following)

               as an individual         jointly with my spouse, and
a certified copy of our marriage certificate is attached.

     2.   I am               years old.

     3.   I have known  (name of person to be adopted)  for the past      
 years.

          The nature of our relationship is:      

     4.   The reason I wish to adopt   (name of person to be adopted)   
is 
          

     5.   Sealing the court file:  (check one of the following)

               I am applying to have the court file sealed.  My reason
for wanting the court file sealed is    .
               I am not applying to have the court file sealed.

     (signature of petitioner)                    



     Sworn before me at     (municipality)    , in the              of     
    
     on   year/month/day  

                   
Signature of Notary Public or Commissioner for Oaths


     FORM 3

     AFFIDAVIT OF PERSON TO BE ADOPTED

     IN THE COURT OF QUEEN'S BENCH OF ALBERTA

     JUDICIAL DISTRICT OF                               

     IN THE MATTER OF THE
     ADULT ADOPTION ACT,

     and in the matter of the petition by
                                                           
     for the adoption of
                                                           ,
     born the           day of                   ,   (year)  
     Birth Registration Number                            

     
     Affidavit

     I,     (legal name of person to be adopted)              ,
     of   (address)                                ,
     make oath and say:

          1.   I am           years old.  A certified copy of my birth
document is attached.

          2.   I consent to my adoption by     (name(s) of
petitioner(s))    
               I understand the nature and effect of an adoption order.

          3.   Change of name: (check one of the following)

                         A certified copy of my change of name
certificate is attached.

                         I have not had a change of name.

          4.   Citizenship/residency: (check one of the following)

                         I am a Canadian citizen.

                         I have been lawfully admitted to Canada for
permanent residence and notarized copies of my immigration documents are
attached.

          5.   The reason I want to be adopted by (name(s) of
petitioner(s)) is   

          6.   Court hearing:  (check one of the following)

                         I wish to appear in person before the judge
considering this adoption application.
                         I do not wish to appear in person before the
judge considering this adoption application.

          7.   Sealing the court file:  (check one of the following)

                         I am applying to have the court file sealed. 
My reason for wanting the court file sealed is    .

                         I am not applying to have the court file
sealed.


(signature of person to be adopted)
     


     Sworn before me at   (municipality)  , in the              of         
    on  year / month  / day  

                       
Signature of Notary Public or Commissioner for Oaths


     FORM 4

     ADOPTION ORDER

     IN THE COURT OF QUEEN'S BENCH OF ALBERTA

     JUDICIAL DISTRICT OF                               

     IN THE MATTER OF THE
     ADULT ADOPTION ACT,

     and in the matter of the petition by
                                                           
     for the adoption of
                                                           ,
     born the           day of                   ,   (year)  
     Birth Registration Number                            

     BEFORE THE HONOURABLE MR./MADAM JUSTICE
           
     Made this           day of                              ,   (year)  
at                           , in the Province of Alberta

     
     Order

          Having received the petition of     (name(s) of petitioner(s))  
      
                and having reviewed the evidence presented;

          And this Court being satisfied that the reasons for the
adoption are valid and acceptable;

          IT IS HEREBY ORDERED that the petition be granted as requested
and that the adoption is effective from and after the date of this Order.

     


     


Entered this            day of                        ,   (year)  


     Stamp


(Clerk of the Court of Queen's     (Justice of the Court of Queen's
Bench)    Bench)


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

     Alberta Regulation 247/98

     Cemeteries Act

     COMMERCIAL CEMETERIES REGULATION

     Filed:  November 26, 1998

Made by the Minister of Municipal Affairs (M.O. H:115/98) pursuant to
section 60(1) of the Cemeteries Act.


     Table of Contents

Definitions    1
Perpetual care funds     2
Annual trust income to owner  3
Licensing of business    4
Licensing of salesperson 5
Change of a salesperson's agency   6
Training programs   7
Continuing education     8
Transfer of money to authorized trustee 9
Period for transfer exemption 10
Maximum administration fee    11
Trustee's remuneration   12
Reporting to Director    13
Transitional   14, 15
Continuing education relief for certain continued licences  16
Calgary Crematorium Limited transitional     17
Repeal    18
Expiry    19
Coming into force   20


Definitions
1   In this Regulation,

     (a)  "Act" means the Cemeteries Act;

     (b)  "fiscal year" means the fiscal year of the owner;

     (c)  "owner" means

               (i)  CGRM Holdings Ltd.;

               (ii) Memorial Gardens Association (Alberta) Limited;

               (iii)     Calgary Crematorium Limited.


Perpetual care funds
2(1)  For the purposes of section 39(1)(a) of the Act, the initial amount
required to be set aside in a perpetual care fund

     (a)  by the owner of a cemetery is $10 000 per hectare of the
cemetery to a maximum amount of $100 000, and

     (b)  by the owner of a mausoleum or columbarium is $50 000.

(2)  For the purposes of sections 38(1) and 39(1)(b) of the Act, the
percentage of each transaction required to be set aside in a perpetual care
fund is as follows:

     (a)  by the owner of a cemetery, mausoleum or columbarium, at least
15% of all money received by the owner from the sale, lease or rental of
each lot in the cemetery and of each compartment or other space in the
mausoleum or columbarium;

     (b)  by the owner of a cemetery, at least 10% of all money received
by the owner from the sale of each monument or marker.


Annual trust income to owner
3(1)  In this section,

     (a)  "income" does not include any deposits made under section 38 of
the Act in the year income is payable to the owner;

     (b)  "trust" means 

               (i)  the funds deposited with an authorized trustee
under section 38(2) of the Act,

               (ii) any amounts deposited under section 39(2) of the
Act and not recovered under the Act, and

               (iii)     in respect of the Saamis Prairie View Cemetery,
formerly known as Chapel Lawn Cemetery (Medicine Hat), any amount deposited
by the Minister with an authorized trustee according to an agreement
between the Minister, the authorized trustee and CGRM Holdings Ltd.

(2)  An authorized trustee shall pay from a trust to the owner of the
cemetery, mausoleum or columbarium to which the trust relates a monthly
instalment of the income of that trust, consisting of not more than 90% of
the income for the month immediately preceding the month in which the
payment is made, but in no case shall the total payments in any fiscal year
exceed 90% of the total annual income of the trust for that year less any
remuneration deducted under section 42 of the Act.

(3)    At the end of each fiscal year, an authorized trustee shall retain
and add to the capital of a trust the balance of the total annual income of
the trust that remains after making the payments referred to in subsection
(2).


Licensing of business
4(1)  A pre-need contract sales licence issued under section 53(2)(a) of
the Act authorizes a business to solicit to enter or enter into pre-need
contracts under which that business promises to provide, or to arrange for
the provision of, cemetery supplies or cemetery services or both.

(2)   A person applying for the issuance or renewal of a pre-need contract
sales licence under section 53(2)(a) of the Act shall

     (a)  make application to the Director on the form set by the
Director, and

     (b)  accompany the application with

               (i)  any information required by the Director, and

               (ii) the fee set by the Director.

(3) A pre-need contract sales licence issued under section 53(2)(a) of the
Act and any renewal of that licence expire on the following March 31.


Licensing of salesperson
5(1)  A pre-need contract sales licence issued under section 53(2)(b) of
the Act authorizes a person to solicit to enter or enter into pre-need
contracts as an agent for a person who holds a pre-need contract sales
licence issued under section 53(2)(a) of the Act.

(2)  A person applying for the issuance or renewal of a pre-need contract
sales licence under section 53(2)(b) of the Act shall

     (a)  make application to the Director on the form set by the
Director, and

     (b)  accompany the application with

               (i)  proof that the applicant has successfully completed

                         (A)  a training program provided or approved
under section 7, in the case of an application for the issuance of a
licence, or

                         (B)  any continuing education requirements
under section 8, in the case of an application for the renewal of a
licence,

               (ii) the name and address of each business location of
any person who holds a pre-need contract sales licence issued under section
53(2)(a) of the Act for whom the applicant will act as an agent in the sale
of pre-need contracts,

               (iii)     any other information required by the Director, and

               (iv) the fee set by the Director.

(3)  A pre-need contract sales licence issued under section 53(2)(b) of the
Act and any renewal of that licence expire on the following March 31.


Change of a salesperson's agency
6   A person who holds a pre-need contract sales licence issued under
section 53(2)(b) of the Act must notify the Director in writing within 5
days of any change to the information provided under section 5(2)(b)(ii).


Training programs
7(1)  The Director may provide or approve training programs for persons
applying for the issuance of a pre-need contract sales licence under
section 53(2)(b) of the Act 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.


Continuing education
8   The Director may require any person who holds a pre-need contract sales
licence issued under section 53(2)(b) of the Act to complete continuing
education programs and courses.


Transfer of money to authorized trustee
9   For the purposes of section 55(1) of the Act, the period within which a
seller must transfer to an authorized trustee all money held in trust from
the sale of a pre-need contract is 5 days from the date upon which the
cancellation period under section 63(2) of the Act expires.


Period for transfer exemption
10   The period provided for the purposes of section 55(2)(a) of the Act is
180 days.


Maximum administration fee
11   For the purposes of section 56(3) of the Act, an administration fee
shall not exceed 15% of the amount received by a seller under a pre-need
contract.


Trustee's remuneration
12   An authorized trustee may, as remuneration for services rendered,
deduct and retain in each year a reasonable fee from the income received in
that year from the investment of money held in a pre-need assurance fund.


Reporting to Director
13(1)  An owner shall provide information under section 43 of the Act to
the Director within 120 days of each fiscal year end or such longer period
as the Director considers acceptable.

(2)  A seller shall provide information under section 58 of the Act to the
Director within 120 days of each fiscal year end of the seller or such
longer period as the Director considers acceptable.


Transitional
14   Notwithstanding section 4(3), a pre-need contract sales licence issued
under section 53(2)(a) of the Act between December 1, 1998 and March 31,
1999 expires on March 31, 2000.


Transitional
15(1)  Where, on November 30, 1998, a person was registered as a salesman
under the Cemeteries, Mausolea and Columbaria Regulation (AR 238/90),

     (a)  that person is deemed to hold a pre-need sales contract licence
issued under section 53(2)(b) of the Act, and

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

(2)  An application for registration as a salesman made under the
Cemeteries, Mausolea and Columbaria Regulation (AR 238/90) and not
concluded by November 30, 1998 shall be dealt with under the  Act and this
Regulation.


Continuing education relief for certain continued licences
16   Notwithstanding section 5(2)(b)(i)(B), where the Director renews the
pre-need contract sales licence of an applicant who was registered as a
salesman under the Cemeteries, Mausolea and Columbaria Regulation (AR
238/90) and who was not the subject of any substantiated complaints related
to that registration, the Director shall renew the licence

     (a)  without imposing any continuing education requirement under
section 8, where the applicant was registered as a salesman 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
training program and pass the program's final examination by March 31,
2000, where the applicant was registered as a salesman for a period of less
than 5 consecutive years ending on November 30, 1998.


Calgary Crematorium Limited transitional
17   Notwithstanding the Act and this Regulation, Calgary Crematorium
Limited shall submit its accounts concerning the period of January 1, 1995
to December 31, 1999 to a judge of the Court of Queen's Bench in accordance
with sections 43 and 44 of the Act as it existed on November 30, 1998 and
for that purpose those sections are deemed to continue in force.


Repeal
18   The General Regulation (AR 42/96) is repealed.


Expiry
19   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
20   This Regulation comes into force on December 1, 1998.


     Alberta Regulation 248/98

     Cemeteries Act

     CREMATORY REGULATION

     Filed:  November 26, 1998

Made by the Minister of Municipal Affairs (M.O. H:113/98) pursuant to
section 60(1) of the Cemeteries Act.


     Table of Contents

Definitions    1
Application for crematory licence  2
Transfer of licence 3
Maintenance and operation     4
Burial permit and other authorizations  5
Register  6
Transitional   7
Repeal    8
Expiry    9
Coming into force   10


Definitions
1   In this Regulation,

     (a)  "Act" means the Cemeteries Act;

     (b)  "crematory licence" means a licence required under section 26
of the Act.


Application for crematory licence
2(1)  A person applying for a crematory licence or for the renewal of a
crematory licence shall make application to the Director on the form set by
the Director and the application shall be accompanied with

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

     (b)  the fee set by the Director.

(2)  Before granting a crematory licence or a renewal of a crematory
licence, the Director may inspect the crematory or the proposed crematory
site.

(3)  A crematory licence and any renewal of a crematory licence expire on
the March 31 following their issue.


Transfer of licence
3   A crematory licence is not transferable.


Maintenance and operation
4   The owner of a crematory shall maintain the crematory in good order and
shall operate the crematory so that it does not give rise to any offence or
public health nuisance.


Burial permit and other authorizations
5   The owner of a crematory shall not accept a dead human body for
cremation unless the person seeking cremation files with the owner 

     (a)  the prescribed copy of the burial permit issued under the Vital
Statistics Act, 

     (b)  a certificate issued under the Fatality Inquiries Act stating
that a medical examiner has examined the medical certificate of death of
the deceased, and 

     (c)  any other authorization required under an enactment.


Register
6(1)  The owner of a crematory shall keep a register in which the owner
shall enter, with respect to each dead human body cremated,

     (a)  the name of the deceased person,

     (b)  the date of death,

     (c)  the place of death,

     (d)  the date of cremation,

     (e)  the location of the cremated remains or the name and address of
the person into whose possession the owner of the crematory released the
cremated remains,

     (f)  the name and address of the personal representative or next of
kin of the deceased person,

     (g)  the name of the person who made the arrangements for cremation,

     (h)  the name of the physician giving the medical certificate of
death, and

     (i)  the fee charged for services rendered.

(2)  The owner of a crematory shall keep the register referred to in
subsection (1) available for inspection by

     (a)  the Director or a person designated in writing by the Director,

     (b)  any police officer carrying out law enforcement duties, or

     (c)  any relative of a deceased person whose cremation is listed in
the register.


Transitional
7(1)  Where, on November 30, 1998, a person held a licence issued under
Part 2 of the Act as it existed on that date,

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

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

(2)  An application for a licence made under the Act as it existed on
November 30, 1998 and not concluded by November 30, 1998 shall be dealt
with under the Act and this Regulation.


Repeal
8   The Crematories Regulation (AR 239/90) is repealed.


Expiry
9   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
10   This Regulation comes into force on December 1, 1998.


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

     Alberta Regulation 249/98

     Cemeteries Act

     GENERAL REGULATION

     Filed:  November 26, 1998

Made by the Minister of Municipal Affairs (M.O. H:114/98) pursuant to
section 60(1) of the Cemeteries Act.


     Table of Contents

Definitions    1

     Sale of Cemetery Supplies,
     Cemetery Services and Interment Space

Calculation of resale price   2
Cancellation without penalty  3
Requirements of contracts     4
Form of notice in pre-need contracts    5
Statement about cemetery 6
Statement about mausoleum or columbarium     7

     Disposition of Remains

Death of fetus 8
Death of newborn infant  9
Death of fetus or newborn infant in hospital 10
Who may control disposition   11
Burial of indigents and unclaimed bodies     12
Burial costs for indigents    13

     Director's Approval of
     Cemeteries and Mausolea

Application to operate or establish a cemetery    14
Inspection of site  15
Provisional approval     16
Final certificate of approval 17
Alteration in size of cemetery     18
Previous approvals continued  19
Application to operate or establish a mausoleum   20

     Operation of Cemeteries
     and Mausolea

Other uses     21
Layout of cemetery  22
Division of cemetery     23
Maintaining of plans     24
Graves    25
Maintenance of cemetery  26
Care of cemeteries  27
Removal of monuments, etc.    28
Maintenance    29
Closing of cemeteries    30
Permit re mausoleum 31
Construction standards   32
Care of mausoleum   33
Relationship of mausoleum to cemetery   34
Record keeping 35
Evidence of ownership    36
Register  37
Burial permit  38
Disinterment   39

     Columbaria

Location of columbarium  40
Permit re columbarium    41
Construction standards        42
Care of columbarium 43
Columbarium in cemetery  44
Repairs and modifications     45
Evidence of ownership    46
Register  47

     Repeals, Expiry and
     Coming into Force

Repeals   48
Expiry    49
Coming into force   50

Schedule


Definitions
1   In this Regulation,

     (a)  "Act" means the Cemeteries Act;

     (b)  "burial permit" means a burial permit issued under the Vital
Statistics Act;

     (c)  "columbarium operator" means

               (i)  in respect of a columbarium in a cemetery, the
owner of the cemetery, 

               (ii) in respect of a columbarium in a church, the
religious auxiliary or religious denomination that operates the
columbarium, and

               (iii)     in respect of a columbarium that is part of the
facilities of a crematory, the owner of the crematory;

     (d)  "grave lot" means the portion of land in a cemetery that is
sold or provided as a unit for one or more graves;

     (e)  "mausoleum" does not include a receiving vault for the
temporary storage of dead human bodies pending burial, interment or other
lawful disposition;

     (f)  "newborn infant" means an infant under 28 days of age;

     (g)  "organization" means 

               (i)  a religious auxiliary, religious denomination or
municipality that is permitted by the Act to establish and operate a
cemetery, mausoleum or columbarium, or 

               (ii) in respect of an established cemetery, mausoleum or
columbarium, the religious auxiliary, religious denomination, municipality
or other corporate body operating that cemetery, mausoleum or columbarium.


     Sale of Cemetery Supplies,
     Cemetery Services and Interment Space

Calculation of resale price
2   For the purposes of section 23.2(b) of the Act, the purchase price of a
plot shall be an amount representing at least 85% of the market value of
the plot at the date of resale.


Cancellation without penalty
3     For the purposes of section 63(2) of the Act, a pre-need contract may
be cancelled at any time, but the period within which it may be cancelled
without charge or penalty is 30 days from the date on which the purchaser
receives a copy of the contract.


Requirements of contracts
4   A contract for the provision of cemetery supplies or cemetery services
or both shall

     (a)  be in writing,

     (b)  be signed by the purchaser and the vendor,

     (c)  contain a detailed listing of the cemetery supplies or cemetery
services or both to be provided by the vendor and the cost to be charged to
the purchaser for each of those cemetery supplies and cemetery services,
and

     (d)  contain a statement disclosing what portion of the money paid
as the consideration under the contract is for the provision of perpetual
care.


Form of notice in pre-need contracts
5   For the purposes of section 66(b) of the Act, the notice required in
the case of a pre-need contract shall be in the form in the Schedule.


Statement about cemetery
6   The owner of a cemetery shall, on request, file with the Director a
statement for the period stated in the request setting out 

     (a)  the names of the purchasers of lots and in each case the number
purchased, the price paid and the amount set aside in the perpetual care
fund, and 

     (b)  the names of the purchasers of monuments or markers and in each
case the price paid and the amount set aside in the perpetual care fund.


Statement about mausoleum or columbarium
7   The owner of a mausoleum or columbarium shall, on request, file with
the Director a statement for the period stated in the request setting out
the names of the purchasers of compartments or other space and in each case
the number purchased, the price paid and the amount set aside in the
perpetual care fund.


     Disposition of Remains

Death of fetus
8   In the case of the death of a fetus, the remains need not be disposed
of as required by sections 5.1 and 5.2 of the Act, but

     (a)  the manner of disposition is subject to the parents' or
guardian's request,

     (b)  the manner of disposition must not cause public offence, and

     (c)  where the fetus completed 20 weeks' gestation or weighed 500
grams or more, a burial permit must be obtained prior to any disposition of
the remains.


Death of newborn infant
9   In the case of the death of a newborn infant, the remains need not be
disposed of as required by sections 5.1 and 5.2 of the Act, but

     (a)  the manner of disposition is subject to the parents' or
guardian's request,

     (b)  the manner of disposition must not cause public offence, and

     (c)  a burial permit must be obtained prior to any disposition of
the remains.


Death of fetus or newborn infant in hospital
10   In the case of the death in a hospital of a fetus or a newborn infant,
the hospital may dispose of the remains, but

     (a)  the manner of disposition is subject to the parents' or
guardian's request,

     (b)  the manner of disposition must not cause public offence, and

     (c)  the hospital must obtain the burial permit required under
section 8 or 9.


Who may control disposition
11(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)  Where the owner of a cemetery or mausoleum or a columbarium operator
is faced with a dispute among a deceased's family or others concerning who
has the right to control the disposition of the deceased's remains, the
owner of the cemetery or mausoleum or the columbarium operator shall,
subject to the order of a court, recognize a person's right to control the
disposition of those remains 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.


Burial of indigents and unclaimed bodies
12(1)  Unless a demand for the body of a destitute or indigent person or an
unclaimed body is made under the Universities Act, a local authority,
hospital, funeral director or other person in charge of the disposition by
burial of the body shall give notice to the person in charge of a cemetery
and request permission to bury the body in the cemetery.

(2)  The burial shall be carried out in accordance with this Regulation and
the by-laws or rules governing the cemetery.


Burial costs for indigents
13  When a destitute or indigent person dies, the Minister of Family and
Social Services is responsible for the cost of burial or other disposition
of that person's body.


     Director's Approval of
     Cemeteries and Mausolea

Application to operate or establish a cemetery
14(1)  An organization wishing to operate or establish a cemetery shall
apply to the Director for provisional approval of the cemetery site.

(2)  The application shall be accompanied with

     (a)  a sketch plan that shows

               (i)  the location of the proposed cemetery site, 

               (ii) a general indication of the slope of the land,

               (iii)     the location of

                         (A)  all buildings used for human
habitation, and

                         (B)  all water supplies used for domestic
purposes

               within 150 metres of any point on the perimeter of the
proposed cemetery site, and

     (b)  any additional information required by the Director.


Inspection of site
15   On receipt of an application under section 14, the Director may
inspect the proposed cemetery site.


Provisional approval
16(1)  The Director may, after considering the application and the results
of any inspection carried out under section 15, grant a provisional
approval for the operation or establishment of the cemetery subject to such
terms and conditions the Director considers necessary.

(2)  A provisional approval is valid for a period determined by the
Director, not exceeding one year, and the Director may renew a provisional
approval for further periods, each not exceeding one year.

(3)  A provisional approval does not authorize use of the proposed cemetery
site for burials.


Final certificate of approval
17(1)  The Director may

     (a)  issue a final certificate of approval subject to such terms and
conditions the Director considers necessary, on being satisfied that the
organization wishing to operate or establish a cemetery

               (i)  has obtained a separate title to the property
comprising the cemetery in the organization's name or in the name of some
other person acting on its behalf, and

               (ii) is in compliance with other applicable legislation,

     or

     (b)  refuse to issue a final certificate of approval if, in the
Director's opinion, it is not in the public interest to issue it.

(2)  An organization that receives a final certificate of approval shall
without delay advise the Director of

     (a)  the name and address of the person in charge of maintaining the
cemetery records, and

     (b)  any change in that information.


Alteration in size of cemetery
18   An organization wishing to alter the size of a cemetery that it
operates shall apply to the Director for provisional approval and a final
certificate of approval concerning the proposed alteration in the same
manner as set out in sections 14 to 17.


Previous approvals continued
19(1)  A provisional approval or a final certificate of approval that

     (a)  was granted or issued under any predecessor to this Regulation,
and

     (b)  is in force on November 30, 1998,

is continued and deemed to have been granted or issued under this
Regulation.

(2)  An application for a provisional approval or a final certificate of
approval made under the Establishment and Operation of Cemeteries and
Mausolea Regulation (AR 240/90) as it existed on November 30, 1998 and not
concluded by November 30, 1998 shall be dealt with under this Regulation.


Application to operate or establish a mausoleum
20(1)  An organization wishing to operate or establish a mausoleum shall
apply to the Director for approval of the mausoleum and its site and the
application shall be in the form set by the Director and accompanied with
any information required by the Director.

(2)  On receipt of an application, the Director may inspect the proposed
mausoleum site.

(3)  The Director may, after considering the application and the results of
any inspection carried out under subsection (2), approve the application or
refuse to approve the application if, in the Director's opinion, it is not
in the public interest to approve it.

(4)  An organization wishing to alter the size of a mausoleum that it
operates shall apply under this section to the Director for approval
concerning the proposed alteration.

(5)  This section does not apply if a mausoleum or proposed mausoleum
contains 12 or fewer compartments or other spaces for interment.


     Operation of Cemeteries
     and Mausolea

Other uses
21(1)  The owner of a cemetery shall not permit any portion of the land
contained in the cemetery, as described in the final certificate of
approval, to be used for any purpose other than a cemeterial purpose,
unless the prior approval of the Director for that other use has been
obtained.

(2)  The Director may make an approval under subsection (1) subject to such
terms and conditions the Director considers necessary.


Layout of cemetery
22(1)  The owner of a cemetery established after May 8, 1964 shall ensure
that the cemetery is laid out in such a manner as to provide for

     (a)  adequate walks and roadways to provide reasonable access to all
sections of the cemetery, and

     (b)  grave lots of adequate size to permit burials to be carried
out.

(2)  A grave lot shall be not less than 1.2 metres in width and 2.8 metres
in length, except in those sections intended exclusively for the burial of
bodies of children and of urns containing cremated remains.

(3)  A grave lot shall not be located closer than 1.9 metres from a public
highway.


Division of cemetery
23(1)  The owner of a cemetery shall ensure that the cemetery is divided in
such a manner as to facilitate the keeping of records and the finding of
any grave.  

(2)  A cemetery may be divided into blocks or sections, each of which may
contain a number of grave lots.  

(3)  Blocks or sections of a cemetery shall be marked by suitable signs.  

(4)  Blocks or sections and grave lots in a cemetery shall be numbered and
lettered so that each grave lot may be readily located and identified.


Maintaining of plans
24   To facilitate the keeping of records and the finding of any grave, the
owner of a cemetery shall maintain a plan of the cemetery showing 

     (a)  how the cemetery is divided by roadways and walks, 

     (b)  the location of blocks or sections, and 

     (c)  the location of grave lots.


Graves
25(1)  The owner of a cemetery shall ensure that all graves are dug to a
depth so that between the top of the casket and the ground surface level
there is a distance of at least 0.6 metre if a substantial grave liner is
used or at least 0.9 metre if such a grave liner is not used.

(2)  More than one body may be interred in one grave if the top of the
uppermost casket is at least 0.6 metre below the ground level if a
substantial grave liner is used or at least 0.9 metre below the ground
level if such a grave liner is not used.


Maintenance of cemetery
26(1)  The owner of a cemetery shall maintain the grounds of the cemetery,
including all interment space, structures and markers, so as to ensure the
safety of the public and preserve the dignity of the cemetery.

(2)  To comply with subsection (1), the owner of a cemetery may use income
from perpetual care funds and shall not make any further or other charge to
any person.


Care of cemeteries
27   The owner of a cemetery shall ensure that

     (a)  the cemetery and any required fences, walks and entrances to
the cemetery are kept in a good state of repair,

     (b)  no offence is committed in the operation of the cemetery, and

     (c)  no public health nuisance arises from the operation of the
cemetery.


Removal of monuments, etc.
28   Subject to section 29, no person shall move or remove any monument,
marker, fence, railing or other work that is placed for the protection or
ornamentation of a cemetery or grave lot and is installed in accordance
with the by-laws of the cemetery.


Maintenance
29(1)  The owner of a cemetery may direct or permit

     (a)  any monument or other item referred to in section 28 to be
removed for necessary repairs, and

     (b)  any fence or railing or other work for protection or
ornamentation erected on or around a grave lot to be removed if the fence
or railing or other work is in such a state of disrepair as to be unsightly
or dangerous. 

(2)  Where a monument or other item is removed under subsection (1)(a), it
shall be returned as soon as practicable.

(3)  The owner of a cemetery shall not act under subsection (1)(b) until
the owner has taken reasonable steps to determine that

     (a)  no interested person, including any close relative of the
deceased, is prepared to make repairs, and

     (b)  no contract or other arrangement exists by which the owner has
undertaken to maintain the fence, railing or other work.  
(4)  Where the owner of a cemetery  acts under subsection (1)(b), the owner
may dispose of or otherwise deal with any material removed and no person
has any claim in respect of that material.

(5)  The owner of a cemetery may direct that a monument or marker be moved
to be in line with other monuments or markers or to facilitate care of the
cemetery. 

(6)  Where a monument or marker is moved under subsection (5), it must in
its new position continue to relate directly to the grave for which it was
erected.


Closing of cemeteries
30(1)  Where the owner discontinues the operation of a cemetery in which
dead human bodies or human remains have been buried, the owner shall take
all necessary steps to ensure that the cemetery will be maintained so as
not to give rise to any offence or public health nuisance.

(2)  In the case of a discontinued cemetery that is owned by a person or an
organization other than a municipality, the owner may enter into an
agreement with the municipality in which the cemetery is located or with a
municipality served by the cemetery, whereby the municipality agrees to
provide maintenance for the cemetery in compliance with subsection (1).

(3)  Where an agreement is entered into under subsection (2), the
municipality has the same responsibility under subsection (1) as the owner
of the cemetery.


Permit re mausoleum
31   The owner of a mausoleum shall obtain any permit or approval required
by any enactment or municipal bylaw in respect of the construction or
operation of a mausoleum.


Construction standards
32   The owner of a mausoleum shall ensure that the mausoleum is so
situated and constructed of such materials and in such a manner that 

     (a)  it will not give rise to any offence or public health nuisance,
and

     (b)  it will provide protection against vandalism to the bodies
interred or stored in it.


Care of mausoleum
33   The owner of a mausoleum and the owner of a cemetery in which a
mausoleum is located shall ensure that

     (a)  the mausoleum is maintained in a good state of repair,

     (b)  no offence is committed in the operation of the mausoleum,

     (c)  no public health nuisance arises from the operation of the
mausoleum, and 

     (d)  precautions are taken to prevent vandalism and to protect the
bodies interred or stored in the mausoleum.


Relationship of mausoleum to cemetery
34   A mausoleum shall be considered for administrative purposes to be part
of the cemetery in which it is located.


Record keeping
35   The person who is appointed to maintain the cemetery records shall

     (a)  maintain the records of interment or storage of bodies in any
mausoleum located in the cemetery, and

     (b)  submit any returns in the form, at the times and containing the
information that the Director of Vital Statistics requires.


Evidence of ownership
36   The owner of a cemetery shall, at the time of the sale or agreement
for sale of each grave lot, compartment or other space in the cemetery or
mausoleum, deliver to the purchaser a certificate, agreement or other
document showing the following:

     (a)  the name of the purchaser; 

     (b)  the date of the purchase;

     (c)  the amount of the sale and terms of payment, if any; 

     (d)  the amount, if any, to be deposited to the perpetual care fund;

     (e)  in the case of a grave lot, its location, its area or
dimensions and the number of grave spaces in it;

     (f)  in the case of a mausoleum, the number or other designation of
the compartment or space in it.  


Register
37(1)  The owner of a cemetery shall keep a register in which the owner
shall enter, with respect to each grave lot, compartment or other space in
the cemetery or mausoleum,

     (a)  the date of sale,

     (b)  the sale price,

     (c)  the name and address of the purchaser,

     (d)  the name and address of any person to whom it is transferred
and the date of transfer,

     (e)  the date of each burial or interment in it,

     (f)  the name of each deceased person buried or interred in it,

     (g)  the name and address of the personal representative or next of
kin of each deceased person,

     (h)  the name of the funeral director or other person in charge of
the funeral of the deceased person,

     (i)  the amount of any charge made for services rendered and the
nature of those services rendered at the time of burial or interment, and

     (j)  the particulars of each disinterment or removal of a dead human
body.

(2)  The owner of a cemetery shall keep the register referred to in
subsection (1) available for inspection by

     (a)  the Director or a person designated in writing by the Director,

     (b)  any police officer carrying out law enforcement duties, or

     (c)  any relative of a deceased person whose burial or interment is
listed in the register.


Burial permit
38   The owner of a cemetery shall not permit the burial or interment of a
dead human body in the cemetery or a mausoleum in the cemetery unless the
funeral director or other person officiating at the burial or interment has
delivered a burial permit to the owner or to the person appointed to
maintain the records.


Disinterment
39   No person shall disinter or remove a dead human body from a cemetery
or mausoleum for any purpose unless that person first obtains a permit for
disinterment issued by the Director of Vital Statistics and delivers it to
the owner of the cemetery.


     Columbaria

Location of columbarium
40   No person shall construct or maintain a columbarium unless it is
located

     (a)  in a cemetery, 

     (b)  in a church, or

     (c)  as part of the facilities of a crematory.


Permit re columbarium
41   The columbarium operator shall obtain any permit or approval required
by any enactment or municipal bylaw in respect of the construction or
operation of a columbarium.


Construction standards
42   The columbarium operator shall ensure that the columbarium is so
situated and constructed of such materials and in such a manner that

     (a)  it will not give rise to any offence or public health nuisance,
and

     (b)  it will provide protection against vandalism to the cremated
remains stored in it.


Care of columbarium
43   The columbarium operator shall ensure that 

     (a)  the columbarium is maintained in a good state of repair,

     (b)  no offence is committed in the operation of the columbarium,

     (c)  no public health nuisance arises from the operation of the
columbarium, and

     (d)  precautions are taken to prevent vandalism and to protect the
cremated remains stored in the columbarium.


Columbarium in cemetery
44   Where a columbarium is situated in a cemetery,

     (a)  it shall be considered for administrative purposes to be part
of the cemetery, and

     (b)  the person who is appointed to maintain the cemetery records
shall maintain any records concerning the columbarium that are required by
this Regulation or other legislation.


Repairs and modifications
45(1)  If, in the opinion of the Director, the operation of a columbarium
is contrary to the Act or this Regulation, the Director may give notice in
writing to the columbarium operator requiring that repairs or modifications
be carried out and completed within a period specified in the notice.

(2)  A columbarium operator who receives a notice under subsection (1)
shall comply with it.


Evidence of ownership
46   A columbarium operator shall, at the time of the sale or agreement for
sale of each compartment or space in the columbarium, deliver to the
purchaser a certificate, agreement or other document showing the following:

     (a)  the name of the purchaser;

     (b)  the date of the purchase;

     (c)  the amount of the sale and terms of payment, if any;

     (d)  the amount, if any, to be deposited to the perpetual care fund;

     (e)  the number or other designation of the compartment or space in
the columbarium.


Register
47(1)  A columbarium operator shall keep a register in which the operator
shall enter, with respect to each compartment or space in the columbarium,

     (a)  the date of sale, 

     (b)  the sale price, 

     (c)  the name and address of the purchaser, 

     (d)  the name and address of any person to whom it is transferred
and the date of transfer, 

     (e)  the date of placing cremated remains in it,

     (f)  the name of each deceased person whose cremated remains are
placed in it, 

     (g)  the name and address of the personal representative or next of
kin of each deceased person,

     (h)  the amount of any charge made for services rendered and the
nature of those services rendered at the time of placing cremated remains
in it, and

     (i)  the particulars of each removal of cremated remains from it.

(2)  The columbarium operator shall keep the register referred to in
subsection (1) available for inspection by

     (a)  the Director or a person designated in writing by the Director, 

     (b)  any police officer carrying out law enforcement duties, or

     (c)  any relative of a deceased whose cremated remains are in the
columbarium.


     Repeals, Expiry and
     Coming into Force

Repeals
48(1)  Sections 1 to 12 and 18 and Schedule 1 of the Cemeteries, Mausolea
and Columbaria Regulation (AR 238/90) are repealed.

(2)  The Establishment and Operation of Cemeteries and Mausolea Regulation
(AR 240/90) and the Establishment and Operation of Columbaria Regulation
(AR 241/90) are repealed.


Expiry
49   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
50   This Regulation comes into force on December 1, 1998.


     SCHEDULE

The following shall appear in each pre-need contract under the Act:

     Right to Cancel by Purchaser or Lessee

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.  If you cancel after 30 days you may still have to pay for
interment space and for any cemetery supplies and cemetery services that
have already been supplied, performed or delivered, as the case may be.
2   If you cancel this contract, the seller has 15 days to refund any money
you are owed.  To cancel, you must give a notice of cancellation to the
owner of the cemetery, columbarium or mausoleum at the address shown in the
contract or to the seller of this contract at the address shown in the
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.


     Resale of Interment Space
3   After the penalty-free 30-day cancellation period is over, the seller
will _____ will not _____ allow you to resell your interment space on the
open market.  A seller who does not allow resale must buy back the unused
interment space from you, if you wish, and must pay you at least 85% of its
market value at the date of resale.