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     Alberta Regulation 5/99

     Protection of Children Involved in Prostitution Act

     PROTECTION OF CHILDREN INVOLVED IN
     PROSTITUTION REGULATION

     Filed:  January 19, 1999

Made by the Minister of Family and Social Services (M.O. 2/99) pursuant to
section 8 of the Protection of Children Involved in Prostitution Act.


Protective safe houses
1   The premises referred to in the Schedule are prescribed as protective
safe houses for the purposes of the Act.


Assessments
2   An assessment, by a director, of a child confined to a protective safe
house pursuant to section 2 of the Act must include, but is not restricted
to,

     (a)  an assessment of the child's physical and nutritional health,

     (b)  an assessment of the child's use of alcohol, drugs and other
intoxicating substances,

     (c)  an assessment of the child's risk of self-harm and of engaging
in or attempting to engage in prostitution, and

     (d)  an assessment of whether the child is in need of protective
services under the Child Welfare Act.


Expiry
3   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, 2004.


Coming into force
4   This Regulation comes into force on the coming into force of the
Protection of Children Involved in Prostitution Act.


     SCHEDULE

The following are protective safe houses for the purposes of the Act:

     (a)  Youth Assessment Centre (High Prairie);

     (b)  Youth Assessment Centre (Lac La Biche);

     (c)  Youth Assessment Centre (Red Deer);

     (d)  Yellowhead Youth Centre (Edmonton);

     (e)  Woods Homes (Calgary).


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

     Alberta Regulation 6/99

     Justice of the Peace Act

     JUSTICE OF THE PEACE REGULATION

     Filed:  January 27, 1999

Made by the Lieutenant Governor in Council (O.C. 4/99) pursuant to section
7 of the Justice of the Peace Act.


     Table of Contents

Definitions    1
Duty roster    2
Jurisdiction of justices 3
Additional functions and duties of non-presiding justices   4
Cooling-off period  5
Remuneration - full-time sitting justices    6
Remuneration - part-time sitting justices    7
Remuneration - part-time presiding justices  8
Fee - non-presiding justices  9
Repeal    10
Coming into force   11

Schedules


Definitions
1    In this Regulation, 

     (a)  "Act" means the Justice of the Peace Act;

     (b)  "sitting justice" means a justice of the peace designated as a
sitting justice of the peace under section 2.1(2) of the Act.


Duty roster
2    The duties of sitting justices and presiding justices of the peace
must be performed in accordance with the schedules established by the Chief
Judge, which may include evening and weekend assignments.


Jurisdiction of justices
3(1)   Subject to subsection (2), a sitting justice may hear, try and
determine matters arising under the following:

     (a)  the Amusements Act;

     (b)  the Animal Protection Act;

     (c)  the Dangerous Dogs Act;

     (d)  the Dangerous Goods Transportation and Handling Act;

     (e)  the Fisheries (Alberta) Act;

     (f)  the Forests Act;

     (g)  the Fuel Tax Act;

     (h)  provisions of the Gaming and Liquor Act that relate to liquor
matters;

     (i)  the Government Property Traffic Act (Canada);

     (j)  the Highway Traffic Act;

     (k)  the Livestock Identification and Brand Inspection Act;

     (l)  the Livestock and Livestock Products Act;

     (m)  the Motor Transport Act;

     (n)  the Motor Vehicle Administration Act;

     (o)  the Off-highway Vehicle Act;

     (p)  the Petty Trespass Act;

     (q)  the Provincial Offences Procedure Act, section 5;

     (r)  the Provincial Parks Act;

     (s)  the Railway Act (Canada);

     (t)  the School Act, section 21(1);

     (u)  the Stray Animals Act;

     (v)  the Tobacco Tax Act, sections 3(1) and 3.2(4);

     (w)  the Transportation of Dangerous Goods Control Act;

     (x)  the Trespass to Premises Act;

     (y)  the Young Offenders Act, section 16;

     (z)  the Wildlife Act;

     (aa) any regulations or orders made under any Act referred to in
clauses (a) to (g) and (i) to (z);

     (bb) a provision of

               (i)  the Environmental Protection and Enhancement Act,
or

               (ii) a regulation made under that Act

          for which a specified penalty is set out in Schedule 2, Parts
3.1 to 3.4 of the Procedures Regulation (AR 233/89) under the Provincial
Offences Procedure Act;

     (cc) the Alberta Fishery Regulations made under the Fisheries Act
(Canada);

     (dd) regulations made under Schedule 12 of the Government
Organization Act;

     (ee) regulations made under the Gaming and Liquor Act that relate to
liquor matters;

     (ff) provisions of the Young Offenders Act, to the extent that those
provisions deal with statutes, regulations, bylaws and orders  referred to
in clauses (a) to (hh);

     (gg) any bylaw of a municipality or a Metis settlement;

     (hh) any orders made by the Minister of Municipal Affairs in respect
of an improvement district or special area.

(2)  A sitting justice may not hear, try or determine and may not be
assigned to hear, try or determine

     (a)  any complaint or information that involves the death of any
person, 

     (b)  any complaint or information that involves a determination
whether any rights under the Canadian Charter of Rights and Freedoms have
been infringed or denied,

     (c)  any issue relating to the constitutional validity of any law,
or

     (d)  any complaint or information that involves a determination of
any aboriginal or treaty rights.


Additional functions and duties of non-presiding justices
4(1)  For the purposes of section 2.2(2)(d) of the Act, the prescribed
functions and duties of a non-presiding justice of the peace are the
following:

     (a)  processing judicial interim release orders that have previously
been made by a judge, sitting justice or presiding justice of the peace;

     (b)  qualifying sureties on judicial interim release orders;

     (c)  receiving informations, except under section 810 of the
Criminal Code (Canada);

     (d)  subject to subsection (2), confirming or cancelling an
appearance notice, promise to appear or recognizance under section 508(1)
of the Criminal Code (Canada);

     (e)  issuing summonses under section 27(2) of the Domestic Relations
Act;

     (f)  issuing subpoenas;

     (g)  taking affidavits;

     (h)  ordering the disposition of seized items;

     (i)  dealing with first appearances, and with applications for
extension of time to pay, as they relate to offences under the statutes,
regulations, bylaws and orders referred to in section 3, except

               (i)  the taking of guilty pleas on mandatory court
appearances, and

               (ii) the issuing of summonses or warrants for arrest.

(2)  When a non-presiding justice of the peace cancels an appearance
notice, promise to appear or recognizance under section 508(1)(b)(ii) of
the Criminal Code (Canada), the justice of the peace may only issue a
summons.


Cooling-off period
5   For the purpose of section 2.1(7) of the Act, the amount of time that
must elapse is 6 months.


Remuneration -  full-time sitting justices
6(1)  The annual salary for a full-time sitting justice is $55,008, less
any deductions required by law or authorized by the full-time sitting
justice.

(2)  In addition to the salary provided under subsection (1), a full-time
sitting justice is entitled to the benefits set out in Schedule 1.


Remuneration  - part-time sitting justices
7(1)  The remuneration for a part-time sitting justice is $250 for a full
day and $125 for a half day.

(2)  A part-time sitting justice is not entitled to any other payment or
benefits except as provided in subsection (1).


Remuneration - part-time presiding justices
8(1)  The remuneration for a part-time presiding justice of the peace is
$220 for a full day and $110 for a half day.

(2)  A part-time presiding justice of the peace is not entitled to any
other payment or benefits except as provided in subsection (1).


Fee - non- presiding justices
9   A non-presiding justice of the peace, who is not an employee of the
Government of Alberta, is entitled to be paid fees for serving as a
non-presiding justice of the peace in accordance with Schedule 2.


Repeal
10(1)  The Justice of the Peace Regulation (AR 309/91), except sections 9,
10 and 11 and Schedules 1 and 2 is repealed.

(2)  The Justices of the Peace Fees and Returns Regulation (AR 232/86) is
repealed


Coming into force
11   This Regulation comes into force on February 1, 1999.


     SCHEDULE 1

     BENEFITS FOR FULL-TIME SITTING
     JUSTICES OF THE PEACE

1   In this Schedule, "sitting justice" means a full-time sitting justice
of the peace.

2   Sitting justices of the peace are entitled to participate in the group
benefit plans available to managers in the public service of the Province.

3   The Province must pay « of the cost of the sitting justice's
participation in the Alberta Health Care Insurance Plan. 

4(1)  Sitting justices are entitled to vacation of 15 working days per
year.

(2)  The scheduling of vacation is subject to the prior approval of the
Chief Judge.

(3)  If the appointment of a sitting justice is terminated, the sitting
justice's actual vacation entitlement is to be calculated on the basis of
1¬ days' vacation per completed month of service and the sitting justice
must, at such termination, reimburse the Province for any vacation taken in
excess of the sitting justice's actual entitlement.

(4)  Any actual vacation entitlement not taken by the sitting justice must,
at such termination, be paid by the Province to the sitting justice.

5(1)  A sitting justice is entitled to sick leave of 18 days per year.

(2)  If the sitting justice's appointment is terminated, the sitting
justice's actual sick leave entitlement will be calculated on the basis of
1« days' sick leave per completed month of service, and following
termination the sitting justice must reimburse the Province for any sick
leave taken in excess of the sitting justice's actual entitlement.

(3)  A sitting justice is entitled to all statutory holidays normally
granted to employees in the public service of the Province.

(4)  The sitting justice must provide the Chief Judge with a monthly
absence report.

6   A sitting justice is entitled to reimbursement for travelling and
subsistence expenses incurred in the course of the performance of duties as
a justice of the peace in accordance with the Subsistence, Travel and
Moving Expenses Regulation made under the Public Service Act.


     SCHEDULE 2

     FEES FOR NON-PRESIDING JUSTICES
     NOT EMPLOYED BY THE PROVINCE


The following fees are payable to a non-presiding justice of the peace who
is not an employee of the Province:

     (a)  administering oaths, affirmations or taking declarations, $2;

     (b)  processing judicial interim release orders that have previously
been made by a judge, sitting justice or presiding justice of the peace, 9
a.m. to 12 a.m. - $10, 12 a.m. to 9 a.m. - $20;

     (c)  adjourning cases where a judge of the Provincial Court or a
sitting justice of the peace is not present, $5 per accused;

     (d)  confirming or cancelling an appearance notice, promise to
appear or recognizance, $2;

     (e)  issuing summonses where appearance notices, promises to appear
or recognizances are cancelled, $2;

     (f)  receiving informations, except under section 810 of the
Criminal Code (Canada), $2;

     (g)  issuing subpoenas, $1;

     (h)  ordering disposition of seized items, $2.


     Alberta Regulation 7/99

     Protection of Children Involved in Prostitution Act

     COURT FORMS AND PROCEDURES REGULATION

     Filed:  January 27, 1999

Made by the Lieutenant Governor in Council (O.C. 7/99) pursuant to section
8 of the Protection of Children Involved in Prostitution Act.


     Table of Contents

Practice, procedure 1
Non-compliance 2
Order format   3
Application form    4
Forms     5
Expiry    6
Coming into force   7

Schedule


Practice, procedure
1(1)  In any matter not provided for in the Act or this Regulation, the
practice and procedure in the Court, as far as may be, must be regulated by
analogy to the Alberta Rules of Court and the procedures followed in the
Court of Queen's Bench.

(2)  The Court may give directions on practice and procedure.

(3)  The Court on application may

     (a)  vary a rule of practice or procedure,

     (b)  refuse to apply a rule of practice or procedure, or

     (c)  direct that some other procedure be followed.


Non-compliance
2(1)  Unless the Court so directs, non-compliance with this Regulation does
not render any act or proceeding void, but the act or proceeding may be set
aside either wholly or in part as irregular or amended, or may be otherwise
dealt with.

(2)  No proceeding shall be defeated on the ground of an alleged defect of
form.


Order format
3(1)  An order may be made in the relevant form set out in the Schedule.

(2)  Unless the Court otherwise directs, an order under the Act may be
signed by the clerk of the Court.

(3)  Every order must be dated as of the day on which it is pronounced and
the order takes effect from that date, unless the Court otherwise directs.


Application form
4(1)  An application under the Act must be commenced by completing and
filing the relevant form set out in the Schedule with the clerk of the
Court before the Court hears the application.

(2)  Notwithstanding subsection (1), the Court may hear an application
before the relevant form is filed with the clerk of the Court.


Forms
5   The forms to be used in any application to the Court under the Act are
the forms in the Schedule.


Expiry
6   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, 2004.


Coming into force
7   This Regulation comes into force on the coming into force of the
Protection of Children Involved in Prostitution Act.


     SCHEDULE

     FORM 1

     In the Provincial Court of Alberta

     In the Matter of the Protection of Children
     Involved in Prostitution Act

     Application for an Apprehension Order


  Regarding the child    (name)   , born year/month/day
     date               
     My name is     (name)                          .

          I am a police officer.

          I am a director.
     

     Application

I am applying for an order under section 2 of the Protection of Children
Involved in Prostitution Act:


          authorizing a police officer or director to apprehend and
convey the child to the child's guardian or to an adult who in the opinion
of the person apprehending the child is a responsible adult who has care
and control of the child;

          authorizing a police officer to apprehend and convey the child
to a protective safe house and authorizing a director to confine the child
for up to 72 hours to ensure the safety of the child and to assess the
child;

          authorizing a police officer or director to enter, by force if
necessary, the place or premises specified in my declaration below and to
search for and apprehend the child.
     

     Declaration

In support of my application, I solemnly declare:

          I have reasonable and probable grounds to believe that this
child is engaging in prostitution or is attempting to engage in
prostitution as shown by
          
          
          
          

          I have reasonable and probable grounds to believe that this
child may be found at:
          (address)                               


               because    (state grounds)    
                    
                    

                                                                                     year/month/day
            Applicant's signature                                      date

Declared before me at                                                   
   (city or town)   ,    Stamp of Commissioner for Oaths 
in the Province of Alberta on  or                    
year/month/day Seal of Notary Public      
     (date)                                           

                                                                                     
Notary Public or Commissioner for Oaths
for Alberta


     FORM 2

     In the Provincial Court of Alberta

In the Matter of    

Born on  year/month/day

     A CHILD WITHIN THE MEANING OF THE
     PROTECTION OF CHILDREN INVOLVED
     IN PROSTITUTION ACT

Heard Before The Honourable Judge/                     on       (day
of week)      , 
Justice of the Peace  (name of Judge                        the (day)
of (month), (year)
/Justice of the Peace)  at            , Alberta.


     APPREHENSION ORDER

WHEREAS    (name)   ,  (police officer or director)  has applied for an
order authorizing the apprehension of the child;

AND WHEREAS I am satisfied that the applicant has reasonable and probable
grounds to believe that the child is engaging in prostitution or is
attempting to engage in prostitution;

     IT IS ORDERED THAT a police officer or a director may apprehend the
child and convey the child to   (name)  ,
the child's guardian, or to   (name)  , who in the opinion of the person
apprehending the child is a responsible adult who has care and control of
the child;

     or

     IT IS ORDERED THAT a police officer or a director may apprehend the
child and convey the child to a protective safe house, where a director may
confine the child for up to 72 hours and may assess the child;

     and if either order is granted

     IT IS FURTHER ORDERED THAT a police officer or a director may enter 
(place or premises) , using force if necessary, in order to search for and
apprehend the child.

                    
     Judge or Justice of the Peace or Clerk of the Court 


     FORM 3

     In the Provincial Court of Alberta

     In the Matter of the Protection of Children
     Involved in Prostitution Act

     Appearance to Show Cause for Confinement

 Regarding the child   (name)  , born year/month/day
                                                           (date)     

     My name is     (name)                         .

          I am a director.
     

     Appearance to Show Cause for Confinement

     I am appearing to show cause why the confinement of the child was
necessary, because the child was confined without an order under section
2(10) of the Act.

     The child was apprehended on       (year/month/day)     .
                                                                                                         date

     The child was confined on  (year/month/day)  at (name of protective
safe house).              date
     

     Declaration

     I solemnly declare that I have reasonable and probable grounds to
believe it was necessary to confine this child to ensure the safety of this
child and to assess the child because   
          
          

     and I make this solemn declaration conscientiously believing it to be
true and knowing that it is of the same force and effect as if made under
oath.

        (Applicant's signature)      (year/month/day)  
     date                           

Declared before me at                                                   
   (city or town)   ,    Stamp of Commissioner for Oaths 
in the Province of Alberta on  or                    
year/month/day Seal of Notary Public      
     (date)                                            

                                                                                     
Notary Public or Commissioner for Oaths
for Alberta

     Alberta Regulation 8/99

     Off-highway Vehicle Act

     OFF-HIGHWAY REPEAL ORDER

     Filed:  January 28, 1999

Made by the Minister of Transportation and Utilities (M.O. 1/99) pursuant
to section 18(2) of the Off-highway Vehicle Act.


1   The following Orders are repealed:

     (a)  The Off-highway Vehicle Order (AR 18/77);

     (b)  Order Allowing the Operation of Snow Vehicles on Highways
Within the Hamlet of Fort Chipewyan (AR 351/77);

     (c)  Crowsnest Winter Off-highway Vehicle Access Order (AR 327/91).


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

     Alberta Regulation 9/99

     Marketing of Agricultural Products Act

     ALBERTA CHICKEN PRODUCERS MARKETING
     AMENDMENT REGULATION

     Filed:  January 29, 1999

Made by the Alberta Chicken Producers pursuant to sections 26 and 27 of the
Marketing of Agricultural Products Act.


1   The Alberta Chicken Producers Marketing Regulation (AR 227/96) is
amended by this Regulation.


2   Sections 13 and 14 are repealed and the following is substituted:

Base quota increases
     14(1)  When the Board considers that general marketing conditions
warrant a permanent increase in base quota, that increase shall,

               (a)  in the case of an increase offered after this
section comes into force but before May 1, 1999, be carried out in
accordance with Schedule 2, and

               (b)  in the case of an increase offered on or after May
1, 1999, be carried out, subject to subsections (2) to (6), by the Board
allocating the increase in quota using an auction based on the amount of
quota allocation fee that an applicant for the increase offers and pays to
the Board.

     (2)  Any person who is eligible to receive a licence as an authorized
producer may participate in the auction.

     (3)  Any person wishing to participate in the auction must provide
evidence to the Board, in the form specified by the Board, that satisfies
the Board as to the person's financial capability to purchase the quota.

     (4)  The amount of the allocation fee paid by a person acquiring
quota units by auction pursuant to this section shall be determined by the
amount of the successful bid made by that person for the block of quota
units being offered.

     (5)  The Board may allocate quota to the successful bidders in
accordance with their bid if the Board is satisfied that the bidder has
complied with this Regulation.

     (6)  The Board may establish procedures for the conduct of an
auction.


3   The Schedule is amended by renumbering it as SCHEDULE 1 and by adding
the following after SCHEDULE 1:

     SCHEDULE 2

     QUOTA ALLOCATION TRANSITIONAL PROVISIONS

Definitions
     1   In this Schedule,

               (a)  "new applicant" means a person whose name is on the
register in accordance with section 2 of this Schedule;

               (b)  "register" means the register maintained under
section 13 of this Regulation;

               (c)  "section 13 of this Regulation" means section 13 of
the Alberta Chicken Producers Marketing Regulation (AR 227/96) as that
section read immediately before that section was repealed by the Regulation
that enacted this Schedule.

Names on register
     2(1)  For the purposes of section 3(1)(a) of this Schedule, a
person's name is on the register, if on the coming into force of this
Schedule, a person's name is on the register pursuant to section 13 of this
Regulation.

     (2)  No additional names shall be added to the register after the
coming into force of this Schedule.

Base quota increases
     3(1)  If, prior to May 1, 1999, the Board considers that general
marketing conditions warrant a permanent increase in base quota, that
increase shall be allocated as follows:

               (a)  approximately 35% of the increase in the base quota
shall be offered through an auction to new applicants in blocks of 6000
quota units;

               (b)  approximately 65% of the increase in base quota
shall be offered in equal amounts as specified by the Board as an increase
to all existing authorized quota holders, except to authorized quota
holders whose authorized quota exceeds the quota limit established under
section 33 of this Regulation.

     (2)  The auction for the increase in base quota offered under
subsection (1)(a) shall be conducted as follows:

               (a)  each new applicant shall, by single registered mail
sent to the last address provided to the Board by that new applicant, be
notified of the date, time and location of the auction;

               (b)  subject to section 33 of this Regulation, a new
applicant may participate in the auction if the new applicant produces
evidence to the Board, in a form specified by the Board, that satisfies the
Board as to the applicant's financial capability to purchase the quota;

               (c)  the amount of base quota available under subsection
(1)(a) shall be auctioned in blocks of 6000 quota units and the new
applicant that bids the highest for a block of quota shall be the
successful bidder for that block;

               (d)  subject to subsection (3), a successful bidder for
a block of 6000 quota units may elect to take all or any portion of the
block of 6000 quota units at the successful bid price and that election
must be made immediately;

               (e)  the quota allocation fee for the quota units
acquired by the bidder shall be the successful bid price on the block of
6000 quota units but, if the bidder elects under clause (d) or is required
under subsection (3) to take only a portion of the block, the quota
allocation fee shall be reduced proportionately to reflect the number of
units the bidder actually takes;

               (f)  a successful bidder is not eligible to bid on any
further blocks of quota units or a residual amount under clause (g);

               (g)  any units in a block that are not taken by a
successful bidder form a residue that will be auctioned to the highest
bidder amongst the new applicants after all the blocks of 6000 quota units
have been auctioned.

     (3)  If a successful bidder holds any authorized quota or an
ownership interest in any authorized quota, that bidder is only entitled to
elect to take the difference between the 6000 quota units in the block and
the amount of authorized quota held by that bidder and any amount remaining
forms part of the residue under subsection (2)(g).

     (4)  No new applicant shall hold or have an ownership interest in
more than 6000 quota units of base quota as a result of an allocation of
quota under subsection (1)(a).

     (5)  The restrictions set forth in subsections (3) and (4) do not
apply to an amount of authorized quota in which a successful bidder has an
ownership interest by virtue of holding shares in

               (a)  a publicly traded company listed on a recognized
stock exchange, or

               (b)  a co-operative that has more than 200 members.

     (6)  The Board may establish further procedures for the conduct of an
auction that are not inconsistent with subsections (2) to (4).

     (7)  The Board may allocate quota to a successful bidder  accordance
with the bid if

               (a)  the bidder has paid the quota allocation fee under
subsection (2)(e), and

               (b)  the Board is satisfied that the bidder has complied
with this Regulation.

     (8)  Notwithstanding section 15 of this Regulation, if a successful
bidder holds advanced quota, the successful bidder shall not be required to
exchange base quota allocated under subsection (7) for advanced quota.

     (9)  The Board shall announce an offer to existing authorized
producers under subsection (1)(b) by publishing a notice of the offer in
the regular publication of the Board and the announcement must include

               (a)  the date by which the offer must be accepted, and

               (b)  the amount of the quota allocation fee.

     (10)  An authorized producer who wishes to accept an offer made under
subsection (1)(b) must within the time specified in the announcement

               (a)  confirm acceptance in writing to the Board,

               (b)  provide to the Board any information that the Board
may require, and

               (c)  pay to the Board the quota allocation fee.

     (11)  For the purpose of quota increases made pursuant to subsection
(1)(b),

               (a)  the amount of a quota allocation fee is the average
of the quota allocation fees paid by the successful new applicants under
subsection (1)(a);

               (b)  an authorized producer is eligible to receive only
one base quota increase offer notwithstanding that more than one production
facility and premises may be owned by that authorized producer;

               (c)  only one base quota increase shall be offered in
respect of a single production facility and premises notwithstanding that
the production facility and premises may be owned by several persons;

               (d)  where several production facilities and premises
are operated by persons living at the same location, the production
facilities and premises are deemed to be a single production entity;

               (e)  where a person has an ownership interest in more
than one authorized quota, only one offer shall be made in respect of all
authorized quotas in which that person has an ownership interest.

     (12)  Notwithstanding subsection (10)(c), a quota allocation fee is
not payable in respect of any amount of advanced quota that is converted to
base quota.