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     Alberta Regulation 163/99

     Apprenticeship and Industry Training Act

     MILLWRIGHT TRADE AMENDMENT REGULATION

     Filed:  August 16, 1999

Made by the Alberta Apprenticeship and Industry Training Board pursuant to
section 33(2) of the Apprenticeship and Industry Training Act.


1   The Millwright Trade Regulation (AR 289/93) is amended by this
Regulation.


2   Section 4(a) is repealed and the following is substituted:

     (a)  the completion of an Alberta grade 11 education with a final
passing mark in Mathematics 20 or 23 or equivalent, or


3(1)   The Schedule is amended by this section.

(2)  Section 1 is amended by striking out " "millwright equipment" " and
substituting " "millwright equipment and machinery" ".

(3)  Section 2 is amended by striking out "millwright equipment" wherever
it occurs and substituting "millwright equipment and machinery".

(4)  Section 3 is amended

     (a)  in clauses (a), (b), (c), (d) and (h) by striking out
"millwright equipment" and substituting "millwright equipment and
machinery";

     (b)  in clause (g)

               (i)  by striking out "grinding" and substituting
"milling";

               (ii) by striking out "millwright equipment" and
substituting "millwright equipment and machinery";

     (c)  by adding the following after clause (h):

               (i)  heating and cutting with oxy-acetylene equipment;

               (j)  tack welding with electric arc welding equipment;

               (k)  disconnecting, removing and installing electric
motors, but does include the electrical hookup of electrical motors.


     Alberta Regulation 164/99

     Apprenticeship and Industry Training Act

     ROOFER TRADE AMENDMENT REGULATION

     Filed:  August 16, 1999

Made by the Alberta Apprenticeship and Industry Training Board pursuant to
section 33(2) of the Apprenticeship and Industry Training Act.


1   The Roofer Trade Regulation (AR 290/93) is amended by this Regulation.


2   Section 5 is amended

     (a)  in subsection (1) by striking out "3 periods" and substituting
"4 periods";

     (b)  by adding the following after subsection (4):

     (5)  In the 4th period of the apprenticeship program an apprentice
must acquire not less than 1600 hours of on the job training.


3   Section 7(2) is amended by repealing clause (c) and substituting the
following:

     (c)  85% in the 3rd period of the apprenticeship program;

     (d)  90% in the 4th period of the apprenticeship program.


4   A person who is an apprentice in the trade under the Roofer Trade
Regulation (AR 290/93) at the time that this Regulation comes into force
may complete the apprenticeship program in accordance with the Roofer Trade
Regulation (AR 290/93) as it read immediately before the coming into force
of this Regulation.


5   This Regulation comes into force on September 1, 1999.


     Alberta Regulation 165/99

     Apprenticeship and Industry Training Act

     SAWFILER TRADE AMENDMENT REGULATION

     Filed:  August 16, 1999

Made by the Alberta Apprenticeship and Industry Training Board pursuant to
section  33(2) of the Apprenticeship and Industry Training Act.


1   The Sawfiler Trade Regulation (AR 316/94) is amended by this
Regulation.


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

     (a)  the completion of an Alberta grade 10 education with a final
pass mark in Mathematics 10 or 13 and English 10 or 13 or equivalent, or


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     Alberta Regulation 166/99

     Apprenticeship and Industry Training Act

     SHEET METAL WORKER TRADE AMENDMENT REGULATION

     Filed:  August 16, 1999

Made by the Alberta Apprenticeship and Industry Training Board pursuant to
section 33(2) of the Apprenticeship and Industry Training Act.


1   The Sheet Metal Worker Trade Regulation (AR 199/95) is amended by this
Regulation.


2   Section 4(a) is amended by striking out "10, 13" and substituting "20".


     Alberta Regulation 167/99

     Apprenticeship and Industry Training Act

     TRANSPORT REFRIGERATION MECHANIC TRADE
     AMENDMENT REGULATION

     Filed:  August 16, 1999

Made by the Alberta Apprenticeship and Industry Training Board pursuant to
section 33(2) of the Apprenticeship and Industry Training Act.


1   The Transport Refrigeration Mechanic Trade Regulation (AR 134/94) is
amended by this Regulation.


2   The title to the Regulation is amended by striking out "MECHANIC" and
substituting "TECHNICIAN".


3   Section 1(c) is amended by adding "and that is known under this
Regulation as the trade of Transport Refrigeration Technician" after
"Apprenticeship and Industry Training Act".


4   Section 5(1) is amended by striking out "12 months" and substituting
"14 months".


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

     Alberta Regulation 168/99

     Safety Codes Act

     EXEMPTION AMENDMENT REGULATION

     Filed:  August 16, 1999

Made by the Minister of Municipal Affairs (M.O. SS: 003/99) pursuant to
section 2(2) of the Safety Codes Act.


1   The Exemption Regulation (AR 199/96) is amended by this Regulation.


2   Section 4 is amended

     (a)  by striking out "Article 4.3.18.3 of the Alberta Fire Code,
1992" and substituting "Article 4.3.17.3. of the Alberta Fire Code, 1997"
wherever it occurs;

     (b)  by striking out "before August 31, 1998" and substituting
"before August 31, 1999";

     (c)  by striking out "to August 31, 1999" and substituting "to
August 31, 2000".


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

     Alberta Regulation 169/99

     Electric Utilities Act

     BALANCING POOL REGULATION

     Filed:  August 18, 1999

Made by the Minister of Resource Development (M.O. 28/99) pursuant to
section 45.97 of the Electric Utilities Act.


     Table of Contents

Interpretation 1
Duties of Council   2
Authority of balancing pool administrator    3
Administrative powers and duties   4
Non-administrative power and duties     5
Amounts to be paid into balancing pool  6
Amounts to be paid out of balancing pool     7
Investments    8
Prudent investment standards  9
Statements and reports relating to balancing pool 10
Liability of balancing pool limited     11
Winding-up of balancing pool  12
No change in law    13
Paramountcy    14
Expiry    15


Interpretation
1(1)  In this Regulation,

     (a)  "Act" means the Electric Utilities Act;

     (b)  "arrangement" means

               (i)  a power purchase arrangement approved or varied by
the Board under section 45.91 of the Act,

               (ii) a financial instrument referred to in section
45.94(2) of the Act, or

               (iii)     a financial settlement referred to in section
45.94(3) of the Act;

     (c)  "balancing pool administrator" means the person or persons
appointed under section 2(1)(c);

     (d)  "balancing pool charge" means a financial obligation of the
balancing pool that is levied by the balancing pool administrator against
customers for the purpose of satisfying the current or future obligations
of the balancing pool;

     (e)  "balancing pool credit" means an amount disbursed from the
balancing pool by the balancing pool administrator for ultimate
distribution to customers;

     (f)  "Council" means the Power Pool Council;

     (g)  "derivatives", in respect of a power purchase arrangement that
applies to a generating unit listed in Part 1 of the Schedule to the Act,
means partial financial rights,  interests and obligations derived from the
power purchase arrangement, where the underlying commodity is electricity
or electricity services, but does not include a transfer of the power
purchase arrangement in whole or in part to the buyer of the derivative; 

     (h)  "extraordinary event" means

               (i)  an event in respect of which an arrangement
provides for a payment into or out of the balancing pool, or

               (ii) an event that results in the termination of an
arrangement in accordance with its terms and conditions and in the
balancing pool administrator becoming a party to the arrangement;

     (i)  "Minister" means the Minister of Resource Development;

     (j)  "party", in respect of an arrangement, means

               (i)  the owner of the generating unit to which the
arrangement applies,

               (ii) the purchaser, where the power purchase arrangement
is sold at an auction referred to in section 45.93 of the Act, 

               (iii)     the balancing pool administrator, where the
arrangement is held by the balancing pool administrator in the capacity of
purchaser pursuant to the Power Purchase Arrangements Regulation (AR
170/99) or another regulation made under the Act, or 

               (iv) a successor to the person referred to in subclause
(i), (ii) or (iii);

     (k)  "regulations" means this Regulation and any other regulation
made under the Act;

     (l)  "rules of the balancing pool" means the rules, practices,
policies and procedures established by the Council under section 2(1)(b)
that govern the administration of the balancing pool. 

(2)  A reference in this Regulation to the balancing pool administrator
includes a reference to any person referred to in section 3(2) when the
balancing pool administrator is making use of that person's services.


Duties of Council
2(1)  The Council shall, before December 31, 1999,

     (a)  establish a separate financial account or accounts to be known
as the balancing pool,

     (b)  establish the rules of the balancing pool, and

     (c)  appoint a qualified person or persons to act as the balancing
pool administrator.

(2)  The Council may review and change the rules of the balancing pool or
establish additional rules, if necessary, to promote the effective
administration of the balancing pool.

(3)  Before establishing or changing rules under this section the Council
shall consult with persons whom it considers are affected by the rules.


Authority of balancing pool administrator
3(1)  The balancing pool administrator must carry out its powers and duties
in the name of the Council and all powers and duties carried out by the
balancing pool administrator or a person referred to in subsection (2) are
deemed to have been carried out on behalf of the Council.

(2)  To carry out the balancing pool administrator's powers and duties, the
balancing pool administrator may make use of the services of 

     (a)  the staff of the Council, and 

     (b)  persons having special technical or other knowledge or skills.


Administrative powers and duties
4   The balancing pool administrator shall carry out the following powers
and duties in accordance with the Act, the regulations and the rules of the
balancing pool:

     (a)  sign contracts, agreements and other instruments in respect of
the balancing pool;

     (b)  make and maintain banking arrangements in respect of the
balancing pool;

     (c)  borrow money from any person or enter into overdraft or line of
credit arrangements with a bank, treasury branch, credit union, loan
corporation or trust corporation for the purpose of meeting obligations of
the balancing pool as they become due, and give security for the loan,
overdraft or line of credit;

     (d)  draw, make, accept, endorse, execute or issue promissory notes,
bills of exchange or other negotiable instruments in respect of the
balancing pool;

     (e)  hire employees, consultants and advisors required in connection
with the administration of the balancing pool and the performance of the
powers and duties of the Council and the balancing pool administrator and
determine the duties, terms of engagement and remuneration of the
employees, consultants and advisors;

     (f)  determine the amount of any obligation or expenditure payable
out of the balancing pool under section 7(1)(h);

     (g)  carry out any other duties that are necessary to administer the
balancing pool.


Non-administrative powers and duties
5(1)  The balancing pool administrator shall carry out the following powers
and duties in accordance with the Act, the regulations, the rules of the
balancing pool and any arrangement:

     (a)  oversee the payment into the balancing pool of the amounts
referred to in section 6;

     (b)  oversee the payment out of the balancing pool of the  amounts
referred to in section 7;

     (c)  determine the amounts of any balancing pool credits and 
balancing pool charges;

     (d)  allocate balancing pool credits directly to customers or
indirectly to customers through

               (i)  retailers,

               (ii) wire services providers, or

               (iii)     the power pool administrator;

     (e)  levy balancing pool charges directly against customers or
against customers through

               (i)  retailers,

               (ii) wire services providers, or

               (iii)     the power pool administrator;

     (f)  offer for sale to the public an arrangement held by the
balancing pool administrator as a party to the arrangement;

     (g)  offer for sale to the public any derivatives created by the
balancing pool administrator pursuant to the Power Purchase Arrangements
Regulation (AR 170/99);

     (h)  exercise any powers and perform any duties that accrue to the
balancing pool administrator as a party to an arrangement or to the
balancing pool under an arrangement;

     (i)  exercise or assign to a third party the right to exchange
electric energy through the power pool that arises as a result of the
balancing pool administrator being a party to an arrangement;

     (j)  on receipt of notice in respect of an extraordinary event from
a party to an arrangement or otherwise, assess  and verify the occurrence
of the extraordinary event and the need for any payment to be made into or
out of the balancing pool by or to a party under the provisions of the
arrangement, and participate in any dispute resolution proceedings under an
arrangement pursuant to subsection (3);

     (k)  where clause (j) applies, commence making payments set out in
the arrangement until the matters in question under clause (j) have been
resolved, whether by agreement or in dispute resolution proceedings under
subsection (3); 

     (l)  make, defend, settle and withdraw claims and counterclaims
against the balancing pool relating to an arrangement that the balancing
pool administrator holds as a party to the arrangement;

     (m)  make, defend, settle and withdraw claims and counterclaims
against retailers, wire service providers, customers and any other persons
relating to the payment of balancing pool credits or charges.

(2)  Before acting under subsection (1)(j), the balancing pool
administrator must consult with the parties to the arrangement and
representatives of customers in respect of matters set out in subsection
(1)(j).

(3)  Notwithstanding the provisions of an arrangement, if

     (a)  a party to the arrangement disputes a determination by the
balancing pool administrator, or 

     (b)  the balancing pool administrator disputes that an extraordinary
event has occurred or that a payment into or out of balancing pool should
be made under the provisions of the arrangement, 

the dispute must be resolved by the dispute resolution process set out in
the arrangement. 

(4)  Any payments or reimbursements required to be made resulting from the
resolution of the matters in question under subsection (1)(j) are payable
on and from the date specified in the document setting out the resolution
of the matters, together with interest on those amounts at the default
interest rate set out in the arrangement, running from that date until the
amounts are paid.

(5)  The amounts of payments and reimbursements referred to in subsection
(4) must be shown in a separate billing among the parties. 


Amounts to be paid into balancing pool
6   The following amounts must be paid into the balancing pool: 

     (a)  any payment, fee, charge or other amount that is required by
the Act or the  regulations to be paid into the balancing pool;

     (b)  any payment, fee, charge or other amount that is required by an
arrangement to be paid into the balancing pool, including any payment that
is required to be made as a result of the occurrence of an extraordinary
event or as the result of the resolution of a dispute referred to in
section 5(3);

     (c)  any balancing pool charge payable, directly or indirectly, by a
customer pursuant to billing; 

     (d)  any money borrowed for the purpose of meeting the obligations
of the balancing pool; 

     (e)  any principal, income, dividend or other amount received in
connection with investments made pursuant to section 8;

     (f)  any amount received by the balancing pool administrator in
respect of an arrangement held by the balancing pool administrator as a
party to the arrangement;

     (g)  any fine imposed by the Council in accordance with section
9.5(1)(c) of the Act; 

     (h)  any amount approved by the Board as payable into the balancing
pool for any period prior to an arrangement taking effect;

     (i)  any other amount received in the course of the administration
of the balancing pool, except an amount that is specified by the Minister
as not being payable into the balancing pool.


Amounts to be paid out of balancing pool
7(1)  The following amounts must be paid out of the balancing pool: 

     (a)  any payment, fee, charge or other amount that is required by
the Act or the regulations to be paid out of the balancing pool;

     (b)  any payment, fee, charge or other amount that is required by an
arrangement to be paid out of the balancing pool, including any payment
that is required to be made as a result of the occurrence of an
extraordinary event or as the result of the resolution of a dispute
referred to in section 5(3); 

     (c)  any balancing pool credit owing, directly or indirectly, to a
customer pursuant to billing; 

     (d)  any principal or interest to be paid or repaid in connection
with an amount borrowed for the purpose of meeting the obligations of the
balancing pool; 

     (e)  money payable as the purchase price for investments made
pursuant to section 8;

     (f)  any amount payable by the balancing pool administrator in
respect of an arrangement held by the balancing pool administrator as a
party to the arrangement;

     (g)  any amount approved by the Board as payable out of the
balancing pool for any period prior to an arrangement taking effect;

     (h)  any other obligation or expenditure incurred in the course of
the administration of the balancing pool, except those that are specified
by the Minister as not being payable out of the balancing pool.

(2)  For the purposes of subsection (1)(h), no amount may be paid out of
the balancing pool relating to obligations or expenditures incurred in the
course of the administration of the power pool.

(3)  Nothing in the Act, the regulations or an arrangement is to be
construed so as

     (a)  to relieve an insurer from its obligations under a policy of
insurance, or

     (b)  to require an amount otherwise recoverable under a policy of
insurance to be paid out of the balancing pool. 


Investments
8   Subject to section 9, the balancing pool administrator may invest any
amount in the balancing pool in any securities that the balancing pool
administrator considers appropriate and may from time to time vary any of
those investments. 


Prudent investment standards
9(1)  The balancing pool administrator shall adhere to prudent investment
standards in making investment decisions relating to and in managing the
balancing pool.

(2)  For the purposes of this Regulation, prudent investment standards are
those that, in the overall context of an investment portfolio, a reasonably
prudent person would apply to investments made on behalf of another person
with whom there exists a fiduciary relationship to make such investments
without undue risk of loss or impairment and with a reasonable expectation
of fair return or appreciation. 


Statements and reports relating to balancing pool
10   The Council shall 

     (a)  keep full and accurate books of account and records of its
business and affairs relating to the balancing pool, 

     (b)  after the end of each year, prepare and have audited financial
statements relating to the activities of the balancing pool in the
preceding year,

     (c)  at any time when required to do so by the Minister,  prepare
and have audited financial statements relating to

               (i)  any part of its business, and

               (ii) any period

          specified by the Minister, and 

     (d)  after the end of each year, prepare and deliver to the Minister
a report containing 

               (i)  the audited financial statements referred to in
clause (b), and

               (ii) a summary of the activities of the Council and the
balancing pool administrator relating to the balancing pool in the year. 


Liability of balancing pool limited
11   The balancing pool is not liable for any claims of creditors of the
Council unless the claims arise directly from the obligation to make a
payment out of the balancing pool under section 7.


Winding-up of balancing pool
12(1)  The balancing pool administrator shall, subject to the approval of
the Minister, wind up the balancing pool.

(2)  The winding-up of the balancing pool

     (a)  must commence on or before December 31, 2020, and

     (b)  must be completed not later than June 30, 2021.


No change in law
13   Neither,

     (a)  the enactment or implementation of this Regulation, nor

     (b)  the enactment or implementation of an amendment to this
Regulation before the Alberta Energy and Utilities Board has approved or
varied the power purchase arrangements under section 45.91 of the Act

shall be considered to be a "change in law" as defined in the power
purchase arrangements.


Paramountcy
14   In the event that there is a conflict between the rules of the
balancing pool and the Act or the regulations, the Act and regulations
prevail. 


Expiry
15   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 July 31, 2004.
`

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     Alberta Regulation 170/99

     Electric Utilities Act

     POWER PURCHASE ARRANGEMENTS REGULATION

     Filed:  August 18, 1999

Made by the Minister of Resource Development (M.O. 29/99) pursuant to
section 45.97 of the Electric Utilities Act.


     Table of Contents

Definitions    1
Power purchase arrangement for more than one generating unit     2
Report    3
Duties of Board     4
Act not applicable  5
Hydro unit power purchase arrangement   6
Exchange of excess electric energy 7
Balancing pool administrator deemed purchaser     8
No change in law    9
Expiry    10


Definitions
1   In this Regulation,

     (a)  "Act" means the Electric Utilities Act;

     (b)  "auction" means an auction referred to in section 45.93 of the
Act;

     (c)  "balancing pool administrator" means the person or persons
appointed under section 2(1)(c) of the Balancing Pool Regulation (AR
169/99);

     (d)  "hydro unit" means a generating unit that is shown in Part 1 of
the Schedule to the Act as being a hydro generating unit;

     (e)  "Part 1 units" means generating units listed in Part 1 of the
Schedule to the Act;

     (f)  "Part 2 units" means generating units listed in Part 2 of the
Schedule to the Act.


Power purchase arrangement for more
than one generating unit
2   Notwithstanding section 45.5(2)(a) of the Act, the independent
assessment team may, in the following circumstances, determine a power
purchase arrangement that applies to more than one generating unit:

     (a)  where there is more than one generating unit at a power plant;

     (b)  where the generating units to which the power purchase
arrangement is to apply are hydro units.


Report
3(1)  The independent assessment team may prepare the report required under
section 45.9(1)(a) of the Act and provide the report to the Board in
several stages in accordance with subsections (2) and (3).

(2)  The portion of the report relating to Part 2 units may be prepared and
provided to the Board after the portion of the report relating to Part 1
units is prepared and provided to the Board.

(3)  The portion of the report setting out any determination made by the
independent assessment team pursuant to section 45.5(2)(c) of the Act may
be prepared and provided to the Board after the balance of the report
relating to Part 1 units is prepared and provided to the Board.


Duties of Board
4   Where the independent assessment team provides its report to the Board
in several stages in accordance with section 3, the Board may carry out the
duties set out in sections 45.9(2) and 45.91 of the Act in several stages,
in each case following receipt of the relevant portion of the report from
the independent assessment team.


Act not applicable
5   Section 45.4(4) and (5) of the Act do not apply to the owner of the
following generating units in respect of those generating units, and
section 45.5(2)(b) of the Act does not apply to the independent assessment
team in respect of the following generating units:

     (a)  Rainbow #1;

     (b)  Rainbow #2;

     (c)  Rainbow #3.


Hydro unit power purchase arrangement
6(1)  In this section, "derivatives", in respect of a power purchase
arrangement that applies to a Part 1 unit, means partial financial rights,
interests and obligations derived from the power purchase arrangement where
the underlying commodity is electricity or electricity services, but does
not include a transfer of the power purchase arrangement in whole or in
part to the buyer of the derivative.

(2)  Notwithstanding section 45.93(1) of the Act, a power purchase
arrangement that applies to a hydro unit

     (a)  is not to be offered for sale to the public at an auction, but
is deemed to have been sold to the balancing pool administrator at an
auction, and

     (b)  is to be held by the balancing pool administrator in the
capacity of a purchaser for all purposes of the Act, the regulations made
under the Act and the power purchase arrangement.

(3)  A power purchase arrangement that is held by the balancing pool
administrator under this section has effect in accordance with its terms
and conditions.

(4)  The balancing pool administrator who holds a power purchase
arrangement under this section may create derivatives and offer those
derivatives for sale to the public.

(5)  The regulations referred to in section 45.93(3) of the Act may
establish rules relating to the creation and sale of derivatives.

(6)  Section 45.94 of the Act does not apply in respect of the sale of
derivatives related to a hydro unit power purchase arrangement.


Exchange of excess electric energy
7(1)  A power purchase arrangement determined by the independent assessment
team under section 45.5(2) of the Act for a generating unit must include a
determination of the manner in which excess electric energy produced by the
generating unit is to be exchanged by the purchaser of the power purchase
arrangement through the power pool for the benefit of the owner of the
generating unit.

(2)  Subsection (1) does not apply if the independent assessment team has
determined pursuant to section 45.5(4) of the Act that the owner of a
generating unit retains the right to exchange electric energy associated
with the power purchase arrangement through the power pool.


Balancing pool administrator deemed purchaser
8(1)  Where 

     (a)  no acceptable bids are received for a power purchase
arrangement at an auction (other than a power purchase arrangement referred
to in section 26 of the Generating Units Regulation (AR 72/99)),

     (b)  a power purchase arrangement is converted to a financial
instrument under section 45.94(2)(b) of the Act, or 

     (c)  a power purchase arrangement is sold to a purchaser at an
auction and the power purchase arrangement terminates other than pursuant
to section 15.2 of the power purchase arrangement, 

the power purchase arrangement 

     (d)  is deemed to have been sold to the balancing pool administrator
at an auction, and 

     (e)  is to be held by the balancing pool administrator in the
capacity of a purchaser for all purposes of the Act, the regulations made
under the act and the power purchase arrangement. 

(2)  Where subsection (1) applies, the balancing pool administrator shall
immediately become entitled to the rights and be bound by the obligations
of a purchaser and, from that time, the power purchase arrangement has
effect in accordance with its terms and conditions, as amended from time to
time in accordance with the arrangement, subject to the following:

     (a)  sections 4.3(j), 7.3, 14.6, 15.3, 15.4 and 17.4 of the power
purchase arrangement are deemed to be deleted; 

     (b)  sections L3.1, L3.2(a), (c), (e) and (f), L3.4, L3.5 and L4.1
of Schedule L of the power purchase arrangement are deemed to be deleted; 

     (c)  section 14.4 of the power purchase arrangement is deemed to be
replaced with the following:

          14.4   During any period in which the Owner's obligation to
perform or comply with an obligation under this arrangement is suspended,
the Monthly Capacity Payment shall be the same amount as the Provisional
Capacity Payment, notwithstanding any other provision of this arrangement.

(3)  The deletions and substitutions set out in subsection  (2) apply only
during the period in which the balancing pool administrator holds the power
purchase arrangement in the capacity of a purchaser under subsection (1).

(4)  Where subsection (1) applies, the balancing pool administrator may,
notwithstanding the terms and conditions of the power purchase arrangement,
terminate the power purchase arrangement if the balancing pool
administrator

     (a)  consults with representatives of customers and the Minister as
to the reasonableness of the termination, 

     (b)  gives 6 months notice, or any shorter period agreed to by the
owner, of its intention to terminate to the owner of the generating unit to
which the power purchase arrangement applies, and

     (c)  pays to that owner or ensures that the owner receives an amount
equal to the remaining closing net book value of the generating unit,
determined in accordance with the power purchase arrangement as if the
generating unit had been destroyed, less any insurance proceeds.

(5)  On the balancing pool administrator's termination of a power purchase
arrangement under this section or on termination of a power purchase
arrangement under section 15.2 of the power purchase arrangement, Part 4.1
of the Act ceases to apply to the generating unit to which the power
purchase arrangement applies.


No change in law
9   Neither,

     (a)  the enactment or implementation of this Regulation, nor

     (b)  the enactment or implementation of an amendment to this
Regulation before the Alberta Energy and Utilities Board has approved or
varied the power purchase arrangements under section 45.91 of the Act 

shall be considered to be a "change in law" as defined in the power
purchase arrangements.


Expiry
10   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 July 31, 2004.


     Alberta Regulation 171/99

     Public Sector Penion Plans Act

     PUBLIC SECTOR PENSION PLANS (LEGISLATIVE PROVISIONS)
     AMENDMENT REGULATION

     Filed:  August 26, 1999

Made by the Lieutenant Governor in Council (O.C. 318/99) pursuant to
Schedule 1, section 15(4) of the Public Sector Pension Plans Act.


1   The Public Sector Pension Plans (Legislative Provisions) Regulation (AR
365/93) is amended by this Regulation.


2   Section 49(1)(b)(iii) of Schedule 1 is amended by striking out "$760
000" and substituting "$1 072 000".


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

     Alberta Regulation 172/99

     Court of Appeal Act
     Court of Queen's Bench Act
     Civil Enforcement Act

     ALBERTA RULES OF COURT AMENDMENT REGULATION

     Filed:  August 26, 1999

Made by the Lieutenant Governor in Council (O.C. 320/99) pursuant to
section 15 of the Court of Appeal Act, section 18 of the Court of Queen's
Bench Act and sections 106 and 107 of the Civil Enforcement Act.


1   The Alberta Rules of Court (AR 390/68) are amended by this Regulation.


2   Section 16.1(2)(a) and (b) is amended by striking out "and printed or
otherwise produced in a readable form".


3   Rules 186 to 199 are repealed and the following is substituted:

     Division 1
     Discovery of Records

Definition of record
     186   In this Part, "record" includes the physical representation or
record of any information, data or other thing that is or is capable of
being represented or reproduced visually or by sound, or both.

When a record or question is relevant and material
     186.1   For the purpose of this Part, a question or record is
relevant and material only if the answer to the question, or if the record,
could reasonably be expected

               (a)  to significantly help determine one or more of the
issues raised in the pleadings, or

               (b)  to ascertain evidence that could reasonably be
expected to significantly help determine one or more of the issues raised
in the pleadings.

Affidavit of records must be filed
     187(1)  Every party to proceedings must, within 90 days of service of
the statement of defence, file and serve on all other parties an affidavit
of records, unless the Court grants an order under Rule 188.1 permitting a
late filing or service of the affidavit.

     (2)  A third party and a party served under Rule 69 who has filed a
statement of defence must, within 90 days of that filing, file and serve on
all other parties an affidavit of records, unless the Court grants an order
under Rule 188.1 permitting a late filing of the affidavit.

     (3)  A person for whose benefit an action is prosecuted or defended,
or the assignor of a chose in action upon which the action is brought, is
to be considered as a party to the proceedings for the purposes of
discovery of records.

     (4)  Rule 548 does not apply to a time limit specified in this Rule.

Contents of affidavit of records
     187.1(1)  The affidavit of records must be made by the party to the
proceedings or, in the case of a corporation, by an officer of the
corporation, or by any other person directed by the Court.

     (2)  The affidavit of records must disclose relevant and material
records and must also specify 

               (a)  which of those records are in the possession,
custody or power of the party making the affidavit,

               (b)  which of those records, if any, the party objects
to produce and the grounds for the objection, 

               (c)  with respect to the records,

                         (i)  which records the party has had in
their possession, custody or power, 

                         (ii)      the time when, and the manner in which,
they ceased to be in their possession, custody or power, and 

                         (iii)     the present whereabouts of the
records, 

                    so far as the party making the affidavit can so
state, either from personal knowledge or on information or belief, and

               (d)  that the party has not and has never had any other
relevant and material records in their possession, custody or power, so far
as the party knows or believes.

     (3)  If a party has not and has never had any relevant and material
records in their possession, custody or power, so far as the party knows or
believes, the affidavit must state that fact.

Records for inspection
     188(1)  In respect of those records to which there is no objection to
production, there must be endorsed on the affidavit of records a notice
stating

               (a)  the time when the record may be inspected, being no
later than 10 days after the day the affidavit is served, and

               (b)  the place at which the record may be inspected,
which, unless otherwise ordered, is to be the address for service of the
party making the affidavit.

     (2)  Despite subrule (1), a record in constant use may be produced
for inspection at the place at which it is usually kept.

     (3)  A record may be inspected again from time to time, on reasonable
notice to the party producing it.

Late filing of affidavit of records
     188.1(1)  On application, the Court may grant an order under subrule
(2) if it is satisfied that

               (a)  a case is complex,

               (b)  the volume or location of records requires it, or

               (c)  other sufficient reason exists.

     (2)  The Court may grant

               (a)  an order permitting late, or requiring early,
filing or service of an affidavit of records, and

               (b)  if necessary, an order permitting commencement of
examinations for discovery without the filing of an affidavit of records.

Affidavit of records must precede discoveries
     189   A party is not entitled to conduct an examination for discovery
until that party has filed and served an affidavit of records, or is
otherwise permitted to commence examination by order of the Court under
Rule 188.1(2)(b).

Very long trial actions
     189.1   In a very long trial action, the case management judge may
establish a mechanism for the production or description of the records in
the affidavit of records when the number, nature or location of the records
makes production or description in the normal course unduly expensive or
cumbersome.

Costs for failing to file affidavit of records
     190(1)  A party who 

               (a)  fails to serve an affidavit of records in
accordance with Rule 187, 

               (b)  fails to serve an affidavit of records in
accordance with an order of the Court made under Rule 188.1, or 

               (c)  applies under Rule 188.1 after the time for filing
an affidavit of records expires

     is liable to pay a penalty in costs to the party adverse in interest
of 2 times item 3(1) of Schedule C, or such larger amount as the Court may
determine, irrespective of the final outcome of the proceeding.

     (2)  If there is more than one party adverse in interest, the Court
may determine the share of costs to be paid to each.

     (3)  Costs imposed under this Rule are taxable and payable forthwith.

Sanctions for failure to file affidavit of records
     190.1   If a party fails to serve an affidavit of records in
accordance with Rule 187 or in accordance with an order of the Court made
under Rule 188.1, the Court may on application by any other party

               (a)  strike out all or any of the pleadings of the party
in default, or

               (b)  impose any other sanction, including an order under
Rule 599.1.

Failure to produce a record
     191   If a party does not produce a record specified in an affidavit
of records, the party wishing to inspect it may apply to the Court for an
order for inspection.

Admission of records in evidence
     192(1)  A party on whose behalf an affidavit of records is made under
this Division, and a party on whom an affidavit of records is served under
this Division, are both deemed to admit that 

               (a)  the records specified or referred to in the
affidavit are authentic, and

               (b)  if a copy of a letter, memorandum or other message
purports or appears to have been sent, the original was sent and received
by the addressee.

     (2)  Subrule (1) 

               (a)  does not apply if the court otherwise orders;

               (b)  does not apply if the recipient of the affidavit
objects in accordance with subrule (3);

               (c)  is without prejudice to the right of any party to
object to the admission in evidence of a record.

     (3)  The recipient of an affidavit of records is not deemed to make
the admission referred to in subrule (1) if, within 30 days of receipt of
the affidavit, the recipient serves notice on the party serving the
affidavit that the fact in question is disputed and that it must be proven
at trial. 

     (4)  A party on whose behalf an affidavit of records is served under
this Division must produce at the examination for discovery, the pre-trial
conference, and at trial, those records that are stated in the affidavit to
be in that party's possession, custody or power.

     (5)  If a party denies the authenticity or receipt or dispatch of a
record, and the authenticity, receipt or dispatch, as the case may be, is
proven, the Court must take into account the denial in exercising its
discretion as to costs.

     (6)  This Rule does not apply to a record the authenticity or receipt
or dispatch of which the party has denied in their pleadings.

Inspection of records
     193(1)  A party is entitled to 

               (a)  inspect any record referred to in the pleadings,
particulars or affidavits of any other party and in that party's
possession, custody or power, by making a demand for production, and 

               (b)  take copies of the record when so produced.

     (2)  Subrule (1) does not apply to a record referred to in an
affidavit of records, the production of which is objected to in the
affidavit.

Time and place for inspection
     194   The party upon whom the demand for production is made must,
within three days of receiving it, deliver to the party making the demand a
notice stating a reasonable time, within 3 days from the delivery of that
notice, at which the records may be inspected at their lawyer's office, or,
in the case of records in constant use referred to in Rule 188(2), at the
place they are usually kept.

Order of inspection
     195   If the party served with the demand for production omits to
give notice of a time for inspection or omits or objects to give the
inspection, the party desiring it may apply to the Court for an order of
inspection.

Order for further and better affidavit
     196(1)  On application, if the Court is satisfied that

               (a)  a relevant and material record in the possession,
custody or power of a party has been omitted from an affidavit of records,
or 

               (b)  a claim of privilege has been improperly made in
respect of the record,

     the Court may order a further and better affidavit and impose other
sanctions, including an order under Rule 599.1.

     (2)  If on the application a claim of privilege is made for a record,
the Court may inspect the record for the purpose of deciding the validity
of the claim, and consider all evidence which may be adduced tending to
establish or destroy the claim of privilege.

     (3)  On an application under this Rule, the Court may permit
cross-examination on the original and on any subsequent affidavit of
records.

Use of omitted records
     197(1)  A party omitting to mention any record in their affidavit of
records, or a party not producing any record in compliance with a valid
demand made under this Part, may not afterwards use the record in evidence,
unless the Court is satisfied that the party had sufficient cause for the
omission or nonproduction.

     (2)  If, after a party has filed an affidavit of records, the party
discovers, creates or comes into possession, custody or power of a relevant
and material record not previously disclosed, the party must immediately
give notice of it to all other parties, and must, on request, supply the
other parties with a copy of it, but in any case the Court may permit the
record to be given in evidence upon such terms as to costs or otherwise as
may be just.

Production does not acknowledge admissibility of a record
     198   The disclosure or production of a record under this Part alone
is not to be considered as an agreement or acknowledgment of the relevance
or admissibility of the record.

Impounding records
     199   A record produced to a Court may be ordered to be impounded,
and after impoundment it may not be inspected, except by leave of the
Court.


4   The heading before Rule 200 "Examination for Discovery" is struck out
and the following is substituted:

     Division 2
     Examination for Discovery


5   Rule 200 is amended by repealing subrule (1) and substituting the
following:

Officers or employees of corporation
     200(1)  Before trial, a party to proceedings may orally examine under
oath, without an order of the Court,

               (a)  any other party to the proceedings who is adverse
in interest,

               (b)  if the other adverse party is a corporation, one or
more officers of the corporation, and

               (c)  one or more other persons who

                         (i)  are or were employed by the other
party, and

                         (ii) have or appear to have knowledge of a
matter raised in the pleadings that was acquired by virtue of that
employment.

     (1.1)  Subrule (1) applies whether the person sought to be examined
is inside or outside the jurisdiction of the Court.

     (1.2)  During the oral examination under subrule (1), a person is
required to answer only relevant and material questions.


6   Rule 203 is amended by repealing subrules (1) and (2) and substituting
the following:

Examination
     203(1)  Unless an order of the Court under Rule 188.1 otherwise
provides, the examination of a party, employee or assignor may take place
as the case requires, at any time after the following:

               (a)  in the case of the examination on behalf of the
plaintiff,

                         (i)  the statement of defence of the party,
employer or assignee has been delivered,

                         (ii) the time for delivering the statement
of defence has expired, or 

                         (iii)     the party has been noted in default;

               (b)  in the case of the examination on behalf of a
defendant, the statement of defence of the defendant, employer or assignee
has been delivered;

               (c)  in the case of the examination of a party to any
issue, a trial of the issue has been directed by the Court.

     (2)  Subrule (1) is subject to Rule 189.


7   Rule 205 is repealed and the following is substituted:

Production of records at discovery
     205   Unless otherwise ordered, the party or person to be examined
must produce at the examination all records which that party or person
could be required to produce at trial.


8   Rule 208 is repealed and the following is substituted:

Further production of records
     208   A person who admits, on examination, that they have in their
possession, custody or power a record that is not privileged or protected
from production must produce it for the inspection of the examining party
in accordance with an order of the Court or the direction of the examiner.


9   Rule 209 is amended 

     (a)  by repealing subrule (1) and substituting the following:

Production of document
          209(1)  On application, the Court may, with or without
conditions, direct the production of a record at a date, time and place
specified when

               (a)  the record is in the possession, custody or power
of a person who is not a party to the action,

               (b)  a party to the action has reason to believe that
the record is relevant and material, and

               (c)  the person in possession, custody or power of the
record might be compelled to produce it at the trial.

          (1.1)  The Court may also give directions respecting the
preparation of a certified copy of the record, which may be used for all
appropriate purposes in place of the original.

     (b)  by repealing subrule (2) and substituting the following: 

          (2)  A person producing a record is entitled to receive such
conduct money as the person would receive if examined for discovery.


10   Rule 214 is amended

     (a)  in subrule (1) by striking out "officer" and substituting
"representative";

     (b)  in subrule (2) by striking out "officer or officers" and
substituting "representative or representatives".


11   Rule 230 is amended by repealing subrule (2.1).


12   Rule 500 is amended by repealing subrule (2) and substituting:

     (2)  Subject to subrule (3), the notice of motion must be served
within a reasonable time, not exceeding 60 days, after the judgment or
order is entered and served or the certificate is given.

     (3)  If the party entitled to appeal has not appeared by a solicitor
or filed an address for service with the clerk, the notice of appeal must
be served within a reasonable time, not exceeding 60 days, after the
judgment or order is entered.


13   The following is added after Rule 516:

Time between service and hearing
     516.1   Unless leave is given, there must be at least 14 days between
the service of a notice of motion and the actual day for the hearing, when
the relief sought is

               (a)  leave to appeal,

               (b)  dismissal of an appeal,

               (c)  admission of new evidence,

               (d)  restoring an appeal to the general list, or

               (e)  extending time to appeal.


14   Rule 530 is repealed and the following is substituted:

Contents of appeal documents
     530(1)  The appeal book must

               (a)  consist of the following sections:

                         (i)  Part I              Pleadings, as
described in subrule (9)(a);

                         (ii) Part II             Evidence,
consisting of oral testimony;

                         (iii)     Part III       Final Documents, as
described in subrule (9)(b);

                         (iv) Part IV        Exhibits;

               (b)  be arranged in volumes in the following order:

                         (i)  First:         Appeal Book Digest,
consisting of Parts I and III;

                         (ii) Second:   Part II, Evidence;

                         (iii)     Third:         Part IV, Exhibits;

               (c)  contain pages numbered consecutively as follows:

                         (i)  Part I must commence page numbering
with P1;

                         (ii) Part II must commence page numbering
with page 1;

                         (iii)     Part III must continue following the
last page of Part II;

                         (iv) Part IV must continue following the
last page of Part III;

                         (v)  if supplementary appeal books are
required to be filed, the page numbering must continue from the last page
of Part IV.

     (2)  In this Rule, "hard copy" means printed volumes prepared in the
following manner:

               (a)  if they are the original copy, clearly marked as
"original" at the top of the front cover;

               (b)  printed or reproduced on one side of good quality,
white, 8« by 11 inch paper, and bound along the right edge so that the
printed pages are to the left;

               (c)  bound with stock on the front and back covers, with 

                         (i)  evidence and exhibit volumes in grey,
and

                         (ii) digest volumes in red;

               (d)  contain a front cover and title page clearly
setting out the information in Form R, bound along the left edge of the
paper, so that the printed pages are to the right;

               (e)  contain a comprehensive table of contents at the
beginning of each volume of the appeal book which must

                         (i)  be bound along the left edge of the
paper, so that the printed pages are to the right;

                         (ii) list exhibits in two columns, one
indicating the page where the exhibit was entered into the record at trial
or was identified in the affidavit, and one indicating the page where the
exhibit is now reproduced in the appeal book;

               (f)  contain legible material only or, if material does
not photocopy well, providing a photocopy together with a typewritten
transcript of the illegible text;

               (g)  printed or reproduced in type whose capital letters
are at least 2.9 mm. high, whether or not the original is in smaller type,
if need be reproducing one original sheet on 2 or more pages.

     (3)  On every appeal that contains oral testimony, the appellant must
file with the Registrar

               (a)  the original and one hard copy of all evidence
volumes of the appeal book,

               (b)  the original and 4 hard copies of all exhibit
volumes of the appeal book,

               (c)  the original and 4 hard copies of the Appeal Book
Digest, and

               (d)  one electronic copy of Part II, the evidence
portion of the appeal book.

     (4)  On every appeal when the appeal book contains no oral testimony,
the appellant must file the following with the Registrar:

               (a)  the original and 4 hard copies of all exhibit
volumes of the appeal book;

               (b)  the original and 4 hard copies of the Appeal Book
Digest;

               (c)  the original and 4 hard copies of all volumes
containing other types of evidence or agreed material;

               (d)  when the exhibits and evidence do not exceed a
total of 200 pages, they may be combined into one volume which must follow
the Appeal Book Digest and be labelled accordingly.

     (5)  Notwithstanding subrules (1) and (3), when the oral testimony
and exhibits do not exceed a total of 10 pages, the oral testimony and
exhibits must be included in the Appeal Book Digest, and the hard copies of
the evidence or exhibit volumes are not necessary.

     (6)  The number of copies required under subrules (3) and (4) does
not include those copies required for counsel.

     (7)  The evidence volumes of the appeal book must

               (a)  when evidence is in the form of a question and an
answer, adhere to the following form:

                         (i)  the question must commence on a
separate line and be preceded on that line by the letter Q;

                         (ii) the answer must commence on a separate
line following the line on which the question concludes and be preceded on
the line on which the answer commences by the letter A;

                         (iii)     each new question and answer must be
grouped and preceded by a blank line;

               (b)  number every 5th line in the margin of each page;

               (c)  contain single spaced transcripts, subject to
subrules (12) and (13).

     (8)  The exhibit volumes of the appeal book must

               (a)  contain the exhibits as agreed by counsel in the
agreement as to the contents of the appeal book or as fixed by a judge,

               (b)  include all documents, including letters,
memoranda, photographs, sketches, plans, and like material in ascending
date order organized chronologically, except that documents having common
characteristics must be arranged in separate groups in order of their
dates, and undated documents must appear after dated documents,

               (c)  subject to subrule (2)(f), reproduce documents in
facsimile,

               (d)  in the case of exhibits that cannot readily be
reproduced and will be referred to in argument, be accompanied by a letter
to the Registrar requesting that the original exhibit be made available at
the appeal hearing,

               (e)  in the case of an exhibit read into evidence at
trial, but not reproduced in the appeal book, contain a reference in the
index to the exhibit and page number where it was read into the record,

               (f)  contain certificates in Forms N and O, and either
of Form P or Form Q, or if the appellant has no Alberta lawyer, such proof
in substitution for Forms O, P, or Q as a judge may order, and

               (g)  in the case of a direct appeal from an
administrative tribunal, contain a certificate from the tribunal's records
custodian or, where the tribunal has no records custodian, an agreement as
to the authenticity of the records signed by all parties.

     (9)  The hard copy Appeal Book Digest must contain the following, in
chronological, ascending date order:

               (a)  the pleadings, which must include

                         (i)  any amendments made at trial, and

                         (ii) any other documents by which
proceedings are commenced or by which the issues in the action are defined;

               (b)  the final documents, which must include

                         (i)  the reasons for judgment,

                         (ii) the formal judgment or order appealed
from,

                         (iii)     the Notice of Appeal,

                         (iv) the agreement as to contents of the
appeal book, and

                         (v)  if there are no exhibit volumes, the
certificates in Forms N, O, and either of Forms P or Q;

     and if the hard copy is longer than 200 pages, it must be split into
separate volumes of approximately equal length.

     (10)  The electronic copy of Part II, the evidence portion of the
appeal book, must

               (a)  be provided on a 3«" disk;

               (b)  subject to subrule (11), be in a format
satisfactory to the Registrar;

               (c)  be named and labelled in a manner satisfactory to
the Registrar, and the label must include

                         (i)  a brief style of cause,

                         (ii) the appeal number, and

                         (iii)     the date the disk was completed;

               (d)  be accompanied by a printed copy of

                         (i)  the appeal book table of contents, and

                         (ii) the title page, which must include the
name, telephone and fax number of the individual or organization that
prepared the appeal book.

     (11)  If the electronic copy is submitted in ASCII compressed format,
a designate of the Court of Appeal must convert the disk to the prescribed
format, at the appellant's expense.

     (12)  Subject to subrule (13), an appeal book that does not conform
to subrules (1) to (11) requires a fiat from a judge, the Registrar or
Deputy Registrar.

     (13)  An appeal book or portion of an appeal book may be filed,
without fiat, if it

               (a)  was prepared by an official court reporter or
examiner before service of the notice of appeal, and

               (b)  deviates from this Rule only in spacing.

     (14)  An agreement as to contents of an appeal book or order as to
contents of an appeal book must exclude all matters not truly necessary to
decide the appeal, but may provide that certain documents or transcripts
are to be considered part of the record before the Court of Appeal without
reproducing them in the Appeal Book.


15   Rule 538(1) is amended by striking out "8" and substituting "7".


16   Rule 661 is repealed and the following is substituted:

Affidavit of records
     661(1)  Within 30 days after service of a statement of defence, each
party to an action must file and serve on all parties an affidavit of
records.

     (2)  Before examinations for discovery or interrogatories under Rule
662(5), each party to an action must, on request and payment of copy
charges, supply to all parties opposite in interest, if practicable, true
copies of the producible records listed in the affidavit, that are in the
party's possession, custody or power.

     (3)  The affidavit of records need include only each of the
following:

               (a)  those records on which the party filing the
affidavit  relies or may rely;

               (b)  those records which assist or may assist the case
of any adverse party;

               (c)  those records directly relevant and material to the
issues in the action.

     (4)  A party filing an affidavit of records must endorse on it or
attach to it, before filing and service, a list of persons who, at the
relevant time, might reasonably have some connection with the person filing
the affidavit of records and be expected to know about any of the
following:               

               (a)  matters on which the party filing the affidavit
relies or may rely;

               (b)  matters which assist or may assist the case of any
adverse party;

               (c)  matters relevant and material to the issues in the
action.

     (5)  A corporate party filing an affidavit of records must, in its
affidavit, nominate its representative under Rule 214(2).

     (6)  In case of dispute over the copy charges to be paid under
subrule (2), a sum may be fixed ex parte by the taxing officer on
application by any party, subject to adjustment by the Court at a later
date.

     (7)  In this Rule, "records" has the same meaning as it has in Rule
186.


17   Rule 665(2)(b) is amended by striking out "in accordance with Rule
230(2), and".


18   Rule 702 is amended by adding the following after subrule (2):

     (3)  If a lawyer is served with a notice or an application seeking an
order of contempt against that lawyer's client, the lawyer must notify the
client of the notice or application as soon as possible after being served.


19   Schedule A is amended

     (a)  by repealing Form N and substituting:

     FORM N

     CLERK'S CERTIFICATE



I certify to the Registrar of the Court of Appeal of Alberta that the
foregoing Appeal Book contains true copies of all material set out in the
Agreement as to Contents of the Appeal Book (or as fixed by a judge) as
taken from the Court files, or furnished to me by counsel for the parties,
or by the Court Reporter or the Examiner of the Court of Queen's Bench (as
the case may be).


Dated __________ ____.


     (Clerk of Court of Queen's Bench of Alberta)


     (b)  by repeating Form O and substituting:

     FORM O

     LAWYER'S CERTIFICATE



I certify to the Court that

1    I am a Barrister and Solicitor on the active roll of The Law Society
of Alberta;

2    I have personally checked the contents of this appeal book and found
them to be correct;

3    there are no recorded reasons for the decision appealed from, except
for those stated in this appeal book.



Name of Lawyer:                         
Address:                                     
                                                  
                                                  


Dated at _______________,                              (Signature)     
  
Alberta, the _____ day of
_______________, ______


     (c)  by adding the following after Form O:

     FORM P

     CERTIFICATE OF LAWYER
     ELECTRONIC COPY IN ASCII FORMAT



I,   , do hereby certify to the Court that

1    I am a Barrister and Solicitor on the active roll of The Law Society
of Alberta;

2    the contents contained on the enclosed ASCII disk

     (a)  were prepared and provided to me by the Court Reporters in
_______________, Alberta, and

     (b)  have not been altered in any way.

Name of Lawyer:               

Address:                           
                                        
                                        


Dated at _______________,                    (Signature)          
Alberta, the _____ day of
_______________,  ______


     FORM Q

     CERTIFICATE OF LAWYER
     ELECTRONIC COPY IN PRESCRIBED FORMAT



I,   , do hereby certify to the Court that

1    I am a Barrister and Solicitor on the active roll of The Law Society
of Alberta;

2    the electronic copy of the oral evidence contained on the enclosed
disk

     (a)  is in the prescribed format, as set out in Practice Directive
B, and

     (b)  was prepared using the electronic copy of the transcripts,
which were prepared and provided to me by the Court Reporters in      ,
Alberta;

3    the evidence contained in both the electronic copy and the hard copy
of the appeal book has not been altered in any way.



Name of Lawyer:                         
Address:                                     
                                                  
                                                  


Dated at _______________,                              (Signature)     
  
Alberta, the _____ day of
_______________, ______


     FORM R

     Appeal #

     IN THE COURT OF APPEAL OF ALBERTA


Between:

     A.B.
     Respondent (Plaintiff)


     and


     C.D.
     Appellant (Respondent)



     Appeal from the Judgement/Order of
     The Honourable Mr./Madam Justice

     _________________________

     Dated the _____ day of _______________, ____,

     Filed the _____ day of _______________, _____.




     Title of Book, Volume number, Brief Description of Contents and
     Page numbers included in volume.




Counsel's name for the Appellant
Address, Telephone and Fax Number

     

Counsel's name for the Respondent
Address, Telephone and Fax Number


     
Name and Address of Individual or Organization
that prepared the Books


20   Schedule B is amended by adding the following to Form 9, immediately
after the heading "Important Notice to Respondent":

     If you want to respond to this motion, you or your lawyer must attend
in the Law Courts Building on the date and at the time specified.


21   The following sections come into force on November 1, 1999:

     (a)  sections 2 to 8;

     (b)  section 13;

     (c)  section 15;

     (d)  section 18.



     Alberta Regulation 173/99

     Public Health Act

     HOUSING REGULATION

     Filed:  August 26, 1999

Made by the Lieutenant Governor in Council (O.C. 322/99) pursuant to
section 75 of the Public Health Act.


     Table of Contents

Definitions    1
Application    2
Owner's obligations 3
Maintenance standards    4
Prohibitions   5
Repeal    6
Expiry    7
Coming into force   8


Definitions
1   In this Regulation,

     (a)  "Act" means the Public Health Act;

     (b)  "housing premises" means any structure that is used or intended
to be used wholly or partly for accommodation purposes and includes

          (i)  an apartment building,

          (ii) a dormitory,

          (iii)     a dwelling,

          (iv) a hotel or motel,

          (v)  a lodging house,

          (vi) a mobile home, and

          (vii)     a rooming house;

     (c)  "owner" means the registered owner and any agent of the owner
in actual or apparent possession or control of land or premises.


Application
2   This Regulation does not apply to housing premises or to that part of
the housing premises that is occupied solely by the owner and the owner's
dependants.


Owner's obligations
3(1)  Subject to subsection (3) and section 4, an owner shall ensure that

     (a)  the housing premises are

          (i)  structurally sound,

          (ii) in a safe condition,

          (iii)     in good repair, and

          (iv) maintained in a waterproof, windproof and weatherproof
condition;

     (b)  the occupants of the housing premises are supplied with
adequate

          (i)  sanitary facilities, including a sanitary drainage 
system or private sewage disposal system, 

          (ii) heating facilities that are capable of maintaining a
habitable indoor temperature, if the housing premises are used or intended
for use during all or part of the period from September 1 in one year until
May 1 in the following year,

          (iii)     running hot and cold water that is safe for human
consumption, and

          (iv) space for sleeping purposes;

     (c)  the common areas of the housing premises, its fixtures and any
furnishings provided by the owner are maintained in a clean and sanitary
condition.

(2)  An owner shall ensure that the housing premises' plumbing system and
facilities provided under subsection (1)(b) are free from defects and
maintained in proper operating condition.

(3)  An executive officer of the region in which the housing premises are
located may exempt its owner from the requirements of subsections (1)(b)(i)
and (iii) and (2) where the owner supplies and maintains an alternative
system regarding the requirements under those subsections that is
satisfactory to the executive officer.


Maintenance standards
4   An owner shall maintain the housing premises in compliance with the
Minimum Housing and Health Standards, as approved and published by the
Minister and as amended by the Minister from time to time.


Prohibitions
5(1)  No person shall occupy or permit the occupation of housing premises
in respect of which an order under section 72(4)(b) of the Act is in
effect.

(2)  No person shall cause or permit any condition in housing premises that
is or may become injurious or dangerous to the public health, including any
condition that may hinder in any way the prevention or suppression of
disease.


Repeal
6   The Housing Regulation (AR 241/85) is repealed.


Expiry
7   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 August 31, 2004.


Coming into force
8   This Regulation comes into force on September 1, 1999.


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

     Alberta Regulation 174/99

     Public Health Act

     REGULATED MATTER REGULATION

     Filed:  August 26, 1999

Made by the Lieutenant Governor in Council (O.C. 323/99) pursuant to
section 75 of the Public Health Act.


Regulated matters
1  The following are specified as regulated matters for the purposes of
section 78 of the Act:

     (a)  plastic solvents;

     (b)  adhesive cements; 

     (c)  cleaning agents; 

     (d)  glue;

     (e)  nail polish remover;

     (f)  lighter fluid;

     (g)  gasoline;

     (h)  paint or lacquer thinner;

     (i)  aerosol propellants;

     (j)  disinfectants;

     (k)  marking pens;

     (l)  typewriter correction fluid.


Repeal
2  The Regulated Matter Regulation (AR 246/85) is repealed.


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
June 30, 2004.


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

     Alberta Regulation 175/99

     Government Organization Act

     DESIGNATION AND TRANSFER OF RESPONSIBILITY
     AMENDMENT REGULATION

     Filed:  August 26, 1999

Made by the Lieutenant Governor in Council (O.C. 324/99) pursuant to
sections 16, 17 and 18 of the Government Organization Act.


1   The Designation and Transfer of Responsibility Regulation (AR 127/99)
is amended by this Regulation.


2   Section 3 is amended by adding the following after subsection (6):

     (7)  The powers, duties and functions of the Minister in the  Social
Services Grant Regulation (AR 345/86) are transferred in common to the
Minister of Human Resources and Employment and the Minister of Children's
Services.


3   Section 9 is amended by adding the following after subsection (8):

     (9)  The powers, duties and functions of the Minister in the Health
Grants Regulation (AR 269/89) are transferred to the Minister of Health and
Wellness.


4   Section 12 is amended

     (a)  in subsection (7) by striking out "the unexpended balance" and
substituting "$1 845 000"; 

     (b)  by adding the following after subsection (15):

     (16)  The responsibility for the administration of that part of the
public service consisting of the following position numbers is transferred
from the Minister of Economic Development to the Minister of Innovation and
Science: 

               00008723
               00008718
               00027048
               00008734
               00008733
               00008702
               00008710
               00008711
               00008736
               00008737
               00008739

     (17)  The responsibility for the administration of $664 000 of
element 2.2.2 and of $700 000 of element 2.2.4 of Program 2 - Marketing and
Business Development of the operating expense and capital investment supply
vote of the 1999-2000 Government appropriation for Economic Development, is
transferred to the Minister of Innovation and Science.


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

     Alberta Regulation 176/99

     Dairy Board Act

     DAIRY BOARD AMENDMENT REGULATION

     Filed:  August 26, 1999

Approved by the Lieutenant Governor in Council (O.C. 325/99) pursuant to
section 11 of the Dairy Board Act.


1   The Dairy Board Regulation (AR 207/96) is amended by this Regulation.


2   Section 1 is amended

     (a)  in subsection (1)(b) by repealing subclause (i) and
substituting the following:

               (i)  the normal lacteal secretion obtained from a dairy
animal, and

     (b)  in subsection (2)

               (i)  by repealing clause (f);

               (ii) by adding the following after clause (h):

                         (h.1)     "dairy animals" means cows, goats and
sheep and other species, kept for the purposes of milking;

                         (h.2)     "dairy farm" means a premises where one
or more dairy animals are kept and from which a part or all of the milk is
sold, offered for sale or supplied for human consumption, and includes all
buildings and land occupied or used in connection with the production of
milk;

                         (h.3)     "dairy plant" means a building where a
processor processes a dairy product, and the land associated with that
building;

                         (h.4)     "dairy product" means

                                   (i)  milk;

                                   (ii) a product of milk that
contains no oil or fat other than that of milk and contains a minimum of
50% milk ingredients by weight;

                                   (iii)     a product of milk that is
prescribed by a standard for dairy products in the regulations under the
Canada Agricultural Products Act (Canada);

                                   (iv) milk products;

               (iii)     by adding the following after clause (i):

                    (i.1)     "Director" means Director as defined in the
Dairy Industry Act;

               (iv) in clause (p) by striking out "butterfat" and
substituting "milk fat";

               (v)  by adding the following after clause (q):

                         (q.1)     "milk component" means milk fat,
protein and other solids or other components of milk designated by the
Dairy Board;

               (vi) by repealing clause (v);

               (vii)     by adding the following before clause (w):

                         (v.1)     "process" means,

                         (i)  with respect to milk, to pasteurize,
homogenize, package or treat milk so that the milk's form or composition is
altered in any manner, and includes the cleaning and sanitizing of any
surface, including the surface of equipment that comes into contact with
the milk while it is being pasteurized, homogenized, packaged or treated,
and

                         (ii) with respect to dairy products other
than milk, to manufacture, modify, pasteurize, prepare, reconstitute,
package or store a dairy product, and includes the cleaning and sanitizing
of any surface, including the surface of equipment that comes into contact
with the dairy product while it is being manufactured, modified,
pasteurized, prepared, reconstituted, packaged or stored;

               (viii)    by repealing clause (x) and substituting the
following:

                         (x)  "processor" means any person who
processes, for sale, 50 litres or more of milk or dairy product on any day,
but does not include a retail establishment that operates or uses a
freezing device to freeze a frozen dairy product mix manufactured by a
processor licensed under the Dairy Board Act;

               (ix) by repealing clause (y) and substituting the
following:

                         (y)  "producer" means a person who sells or
supplies for sale or processing, milk or farm-separated cream that has been
produced by one or more dairy animals owned or controlled by that person;


3   Section 2(2) is amended in clauses (d) and (e) by striking out
"Beatrice Foods Inc." and substituting "Parmalat Canada".


4   Section 7(3) is repealed and the following is substituted:

     (3)  A processor licence

               (a)  authorizes the licensee

                         (i)  to accept milk for processing, as
directed by the Board,

                         (ii) to operate a dairy plant, and 

                         (iii)     to market milk from that dairy plant,

               and

               (b)  is a milk distributor licence referred to in
section 23(1) of the Act.


5   Section 8 is amended by adding the following after clause (a):

     (a.1)     include a recommendation by the Director under the Dairy
Industry Act,


6   Section 9 is amended

     (a)  in subsection (3) by striking out "any terms and";

     (b)  by adding the following after subsection (3):

          (3.1)  In addition to conditions referred to in subsection (3),
the requirements of this Regulation, the Dairy Industry Act and the
regulations under the Dairy Industry Act and the directives of the Board
pursuant to this Regulation are conditions of a licence issued under this
Regulation.

     (c)  by repealing subsection (4).


7   The following is added after section 9:

Milk delivery
     9.1(1)  A producer may deliver milk only to a processor and only if
the producer is directed to do so by the Dairy Board.

     (2)  A processor may accept milk from a producer only if the producer
is directed by the Dairy Board to deliver the milk to that processor.

     (3)  The Dairy Board has no obligation to direct that milk be
delivered to a particular processor, and without limiting the generality of
the foregoing, the Dairy Board may decline to direct that milk be delivered
to a processor that is indebted to the Dairy Board.


8   Section 11 is amended

     (a)  in subsection (1) by striking out "revoked" and substituting
"cancelled";

     (b)  in subsection (2)

               (i)  by striking out "revoked" and substituting
"cancelled";

               (ii) in clause (a) by striking out "Regulation or the
terms" and substituting "Regulation, the Dairy Industry Act, the
regulations under the Dairy Industry Act";

               (iii)     by adding the following after clause (a):

                         (a.1)     the suspension or cancellation has been 
recommended by the Director, in the case of an alleged contravention of the
Dairy Industry Act or the regulations under the Dairy Industry Act,

                         (a.2)     an assessment or fee under the Dairy
Industry Act or a levy, charge, fee or assessment under the Dairy Board Act
remains unpaid for a period of 30 or more days after it is due,

               (iv) in clause (b)(i) by adding "dairy" before "plant";

               (v)  by adding "or" at the end of clause (c), striking
out or" at the end of clause (d) and repealing clause (e).


9   Section 12(1) is amended by striking out "must" and substituting "may".


10   Section 16 is amended

     (a)  in subsection (1) by striking out "to the licensed processor to
whom he is directed by the Dairy Board";

     (b)  in subsection (2) by striking out "butterfat" and substituting
"milk fat".


11   The following is added after the heading "Milk Delivery, Prices":

Milk volume
     19.1(1)  A bulk milk tank must be levelled and calibrated in
accordance with directives of the Dairy Board to ensure accurate
measurement of the volume of milk contained in the bulk milk tank.

     (2)  The volume measured in a bulk milk tank calibrated in accordance
with subsection (1) by a bulk milk grader pursuant to the Dairy Industry
Act is the volume on which payment is based.


12   Section 20(2) is amended by adding "on the recommendation of the
Director" after "Board".


13   Section 21 is amended by adding the following after subsection (2):

     (3)  Payment for milk transferred under subsection (1) must be
calculated and then invoiced or credited to processors in accordance with
Dairy Board directives established with respect to section 24.

     (4)  If milk is transferred between processors, the purchasing
processor must give security for payment that the Dairy Board considers
reasonable and subject to any directives of the Dairy Board.


14   The following is added after section 21:

Class priorities
     21.1(1)  The highest priority of use of milk, classified in
accordance with section 22, is given to class 1 and the priority descends
to the lowest class which is class 5.

     (2)  The priority of a subclass of milk is the same as the priority
of its class except for sub-class 3a milk which has higher priority than
sub-class 3b.

     (3)  If a processor requires milk for a higher priority use, another
processor must, at the request of the processor who requires the milk,
transfer milk to that processor in accordance with any directives of the
Dairy Board in respect of the transfer.


15   Section 22 is amended

     (a)  in subsection (2)(b) by striking out "puddings, whipped milk"
and substituting "puddings";

     (b)  in subsection (2)(c)(ii) by striking out "curd" and
substituting "curd,";

     (c)  in subsection (2)(d)(iv)(B) by adding "dairy" before "plant";

     (d)  by repealing subsection (2)(e)(v) and substituting the
following:

               (v)  sub-class 5e milk, which means milk used for
pre-emptive surplus removal by the Canadian Dairy Commission. 

     (e)  in subsection (3) by striking out "milk is marketed off-shore
if it is" and substituting "dairy products are marketed off-shore if they
are";

     (f)  in subsections (4) and (5) by adding "dairy" before "plant"
wherever it occurs.


16   Section 24 is amended

     (a)  in subsection (1) by striking out "processors" and substituting
"processors, and may make directives respecting pricing and payment
mechanisms for the purposes of the pools";

     (b)  by adding the following after subsection (1):

          (1.1)  The Dairy Board must use money collected for grade price
adjustments under Part 3 of the Dairy Industry Regulation (AR 139/99) and
paid to the Dairy Board under section 26 of this Regulation to

               (a)  pay processors, who in turn must pay producers
whose milk yielded a negative inhibitor test in a rejected shipment of milk
under section 19 of the Dairy Industry Act, and

               (b)  pay milk transportation compensation claims as
approved by the Director for shipments of milk rejected at a dairy plant
under section 19 of the Dairy Industry Act.

          (1.2)  Any money remaining under subsection (1.1) after making
payments under subsection (1.1)(a) and (b) must be paid on a monthly basis
to a producer payment pool operated under this section.

          (1.3)  If in a month payments under subsection (1.1)(a) and (b)
are greater than the money collected that month for grade price
adjustments, the payments must be made first from that money and the
balance of the payments must be made from the producer payment pool
operated under this section.

17   Section 25 is amended

     (a)  in subsection (1) by adding "directives of" after "Utilities
Board and";

     (b)  in subsection (3)

               (i)  by striking out "components in the milk" and
substituting "milk components";

               (ii) by striking out "order" and substituting
"directive".


18   Section 26 is amended

     (a)  in subsection (1)

               (i)  by striking out "may, by order," and substituting
"may";

               (ii) by striking out "the proper operation of the
national plan and";

     (b)  by adding the following after subsection (1):

          (1.1)  The Dairy Board may authorize a processor to withhold
levies, charges, fees and assessments under subsection (1) from a producer
for remittance to the Dairy Board.

     (c)  by adding the following after subsection (3):

          (4)  In accordance with the Dairy Industry Act and the Dairy
Industry Regulation (AR 139/99), the Dairy Board may collect and withhold
grade price adjustments from producers whose milk shipments contravene the
requirements of the Dairy Industry Act or the Dairy Industry Regulation (AR
139/99).

          (5)  The Dairy Board may, in conjunction with the producer
payment pools operated by the Dairy Board under section 24,

               (a)  net out all amounts payable among processors,
producers and the Dairy Board under the Act and this Regulation and the
Dairy Industry Act and the Dairy Industry Regulation (AR 139/99), and

               (b)  direct processors and producers to pay the net
amounts determined by the Dairy Board to be owing,

          and on such direction the processors, producers and Dairy Board
must pay the net amounts so determined and are relieved from payment of the
constituent obligations included in determining the net amounts owing.


19   Section 28 is amended

     (a)  in subsection (1) by adding "and directives" after "the
orders";

     (b)  by adding the following after subsection (4):

          (5)  A processor must, if directed by the Dairy Board, give
security that the Dairy Board considers satisfactory.


20   Section 29 is amended by adding "and directives" after "to orders".


21   Section 30 is amended

     (a)  in clause (f) by adding "milk" before "components";

     (b)  in clause (g) by striking out "butterfat" and substituting
"milk fat".


22   Section 36 is amended 

     (a)  in subsection (1) 

               (i)  by striking out "milk to a wholesale" and
substituting "dairy product to an";

               (ii) in clause (d) by striking out "milk" and
substituting "dairy product";

     (b)  in subsection (2) by striking out "milk" and substituting
"dairy product".


23   Section 37 is amended

     (a)  by adding "dairy" before "plant";

     (b)  by striking out "milk" and substituting "dairy product".


24   Section 38 is amended by striking out "processed milk" and
substituting "dairy product".


25   Section 41(b) is amended by striking out "milk" and substituting "a
dairy product".


26   Section 42(1) is amended by adding "of cow's milk" before "unless".


27   Section 45(1) is amended by adding "directive," after "order,"
wherever it occurs.


28   Section 50 is amended by striking out "2001" and substituting "2004".


29   In the following provisions "dairy" is added before "plant":

     section 1(1)(a);
     section 28(3) and (4);
     section 35(2).


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

     Alberta Regulation 177/99

     Environmental Protection and Enhancement Act

     SUBSTANCE RELEASE AMENDMENT REGULATION

     Filed:  August 26, 1999

Made by the Lieutenant Governor in Council (O.C. 326/99) pursuant to
section 81 of the Environmental Protection and Enhancement Act.


1   The Substance Release Regulation (AR 124/93) is amended by this
Regulation. 


2   Section 1(1)(j)(i) is repealed.


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

     Alberta Regulation 178/99

     Fair Trading Act

     DESIGNATION OF TRADES AND BUSINESSES REGULATION

     Filed:  August 26, 1999

Made by the Lieutenant Governor in Council (O.C. 327/99) pursuant to
section 103 of the Fair Trading Act.


     Table of Contents

Automotive business 1
Direct marketing of gas business   2
Direct selling business  3
Employment agency business    4
Prepaid contracting business  5
Retail home sales business    6
Expiry    7
Coming into force   8


Automotive business
1(1)  Part 10 of the Fair Trading Act applies to the automotive business.

(2)  In this section,

     (a)  "automotive business" means the business of

               (i)  selling motor vehicles, whether as a retailer or
wholesaler, including the selling of motor vehicles on consignment,

               (ii) leasing motor vehicles when the term of the lease
is for more than 120 days,

               (iii)     negotiating or conducting on a consumer's behalf an
agreement in which the consumer buys, sells or leases a motor vehicle, or

               (iv) repairing or servicing motor vehicles;

     (b)  "motor vehicle" means a motor vehicle as defined in the Highway
Traffic Act, but does not include

               (i)  a motor cycle as defined in the Highway Traffic
Act, or

               (ii) an off-highway vehicle as defined in the
Off-highway Vehicle Act.

(3)  For the purposes of this section, the automotive business does not
include

     (a)  the selling of motor vehicles by manufacturers to dealers,

     (b)  the business of cleaning or polishing the exterior or interior
of motor vehicles, or 

     (c)  the business of repairing chips or cracks in the windshield or
any window of a motor vehicle and that does not involve replacing the
windshield or window.


Direct marketing of gas business
2(1)  Part 10 of the Fair Trading Act applies to the direct marketing of
gas business.

(2)  In this section,

     (a)  "agency agreement" means a contract or arrangement under which
a core consumer retains a person as the consumer's agent for the purpose of
soliciting, negotiating, concluding or performing the whole or any part of
a direct supply arrangement on behalf of the consumer;

     (b)  "buy-sell contract" means a contract or arrangement under which
a distributor purchases from a core consumer, or from a core consumer and
the consumer's agent, during a specified period, gas in a quantity that is
not expected to exceed the quantity of gas the distributor is obligated to
supply to the consumer during that period;

     (c)  "consumer supply contract" means a contract or arrangement
under which a core consumer, or a core consumer and the consumer's agent,
obtains a supply of gas from a direct seller;

     (d)  "consumer's agent" means a gas marketer retained by a core
consumer as the agent of the consumer for purposes related to the whole or
any part of a direct supply arrangement;

     (e)  "core consumer" means a person who takes delivery of gas at its
place of consumption by means of the gas distribution system of a
distributor, but does not include

               (i)  a person who uses or consumes the gas primarily as
a raw material or as a fuel, whether for space heating, water heating or
otherwise, in an industrial or manufacturing operation, or

               (ii) a person who has sustainable access to and
facilities that allow the person to use or consume a source of energy,
other than gas, in quantities sufficient to satisfy the requirements for
which the gas would otherwise be used or consumed;

     (f)  "direct marketing of gas business" means the business

               (i)  of soliciting, negotiating, concluding or
performing the whole or any part of a direct supply arrangement on behalf
of a core consumer, or

               (ii) of soliciting a core consumer in any manner for the
purpose of having the consumer enter into an agency agreement or a consumer
supply contract;

     (g)  "direct seller" means a person, other than a distributor, who
sells gas to a core consumer or a consumer's agent;

     (h)  "direct supply arrangement" means a consumer supply contract
and any one of the following that is entered into or made in conjunction
with the consumer supply contract:

               (i)  a buy-sell contract;

               (ii) a transportation service contract;

               (iii)     a transportation service order;

     (i)  "distributor" means a distributor as defined in section 26.01
of the Gas Utilities Act or section 31 of the Municipal Government Act;

     (j)  "gas" means gas as defined in the Gas Utilities Act;

     (k)  "gas marketer" means a person who is engaged in the direct
marketing of gas business;

     (l)  "transportation service contract" means a contract under which
a distributor agrees to transport by means of its gas distribution system,
on a firm service basis, gas purchased under a consumer supply contract,
for delivery to a core consumer at the location where the consumer will use
or consume the gas;

     (m)  "transportation service order" means an order of the Alberta
Energy and Utilities Board under section 26.01(3) of the Gas Utilities Act
requiring a distributor to transport by means of its gas distribution
system gas supplied to a core consumer under a consumer supply contract.


Direct selling business
3(1)  Part 10 of the Fair Trading Act applies to the direct selling
business.

(2)  In this section, "direct selling business" means the business of
soliciting, negotiating or concluding in person, at any place other than
the seller's place of business, sales contracts, including direct sales
contracts to which Part 3 of the Fair Trading Act applies, for the
provision of goods or services, where the buyer is a consumer.

(3)  For the purposes of this section, the direct selling business does not
include

     (a)  a farmer or member of the farmer's family engaging in the
selling of farm products raised on their farm in Alberta,

     (b)  an employee of the farmer who engages in the selling of farm
products raised in Alberta on the farm of that farmer, where the employee
has the authority of the farmer to sell the farm products on the farmer's
behalf,

     (c)  a person who sells food or food products that are in a
perishable state at the time of delivery to the consumer,

     (d)  a student in full-time attendance at an elementary school,
junior high school, high school, college, technical institute or university
who sells goods or services if

               (i)  the governing body of the school in which the
student is registered approves the scheme of selling,

               (ii) consideration for sales made by the student is paid
into the school savings fund administered by the principal of the school in
which the student is registered, and

               (iii)     no remuneration is paid to the student for selling
the goods or services,

     (e)  a person who sells goods at a street or road location or in a
park,

     (f)  a person soliciting, negotiating or concluding a sales contract
at a market place, auction, trade fair, agricultural fair or exhibition,

     (g)  a person trading in securities or exchange contracts who is
registered to do so under the Securities Act,

     (h)  a person selling, leasing or renting or offering for sale,
lease or rent a lot, plot, compartment, crypt or other space in a cemetery,
columbarium or mausoleum, if the person is licensed to do so under the
Cemeteries Act,

     (i)  a person undertaking to provide or make provision for another's
funeral services under a funeral services contract or soliciting another
person to enter into a funeral services contract, if the person is licensed
to do so under the Funeral Services Act,

     (j)  an insurer or reciprocal insurance exchange acting under the
authority of a licence issued under the Insurance Act  or a person acting
under a certificate of authority issued under the Insurance Act,

     (k)  a bank carrying out an activity authorized under Bank Act
(Canada),

     (l)  a loan corporation or trust corporation carrying out an
activity authorized under the Loan and Trust Corporations Act,

     (m)  a credit union carrying out an activity authorized under the
Credit Union Act,

     (n)  a person authorized under the Real Estate Act to trade in real
estate as a real estate broker,

     (o)  a person authorized under the Real Estate Act to deal as a
mortgage broker,

     (p)  a person who makes a solicitation as defined in the Charitable
Fund-raising Act and is licensed or registered under that Act or is
permitted to make such a solicitation without having to be licensed or
registered under that Act,

     (q)  a person selling or offering for sale material or apparatus
intended to be used for the protection of buildings from damage by
lightning, or installing such material or apparatus on a building, who is
approved for that purpose by the Administrator of Fire Safety, Government
of Alberta,

     (r)  a person maintaining or operating a school or providing
correspondence courses for the purpose of giving instruction or training in
a vocation, or an agent of that person, who holds a licence for that
purpose under the Private Vocational Schools Act,

     (s)  a person who drills a water well or sells services to maintain
a water well, if the person holds a Class A, B or D approval for water
wells under the Water (Ministerial) Regulation (AR 205/98),

     (t)  a person who is engaged in the direct marketing of gas business
as designated under section 2 and is licensed under the Natural Gas Direct
Marketing Regulation,

     (u)  a person who is engaged in the prepaid contracting business as
designated under section 5 and is licensed under the Prepaid Contracting
Business Licensing Regulation, or

     (v)  a person who is engaged in the retail home sales business as
designated under section 6 and is licensed under the Retail Home Sales
Business Licensing Regulation.


Employment agency business
4(1)  Part 10 of the Fair Trading Act applies to the employment agency
business.

(2)  In this section, "employment agency business" means the business of
securing persons for employment, securing employment for persons or
evaluating or testing persons for employers who are seeking employees.

(3)  For the purposes of this section, the employment agency business does
not include

     (a)  the operation of a school licensed under the Private Vocational
Schools Act, with respect to securing or endeavouring to secure employment
for the students or graduates of the school, 

     (b)  the operation of a trade union within the meaning of the Labour
Relations Code or the Public Service Employee Relations Act, 

     (c)  securing or endeavouring to secure 

               (i)  employment for persons, or 

               (ii) persons for employment

          as domestic servants in private homes, or 

     (d)  the business of securing employment for athletes or performing
artists in their area of expertise in athletics or the performing arts.


Prepaid contracting business
5(1)  Part 10 of the Fair Trading Act applies to the prepaid contracting
business.

(2)  In this section, 

     (a)  "construction or maintenance contract" means a contract for the
purpose of 

               (i)  constructing, altering, maintaining, repairing,
adding to or improving

                         (A)  a building that is used or is to be
used by the owner, occupier or person in control of it as the owner's,
occupier's or person's own private dwelling, or

                         (B)  a structure that is to be used in
connection with a building referred to in paragraph (A) and that is located
on the same parcel as that building,

               or

               (ii) altering, maintaining or improving real property to
be used in connection with a building or structure referred to in subclause
(i),

          but does not include a contract referred to in subsection (3);

     (b)  "prepaid contract" means a construction or maintenance contract
in which all or part of the contract price is to be paid before all the
goods or services called for in the contract are provided; 

     (c)  "prepaid contracting business" means the business of
soliciting, negotiating or concluding in person, at any place other than
the seller's place of business, a prepaid contract. 

(3)  A construction or maintenance contract does not include

     (a)  a contract in which the building, structure or real property
that is to be constructed, altered, maintained, repaired, added to or
improved is used or is to be used primarily for the business purposes of
the owner, occupier or person in control of it,

     (b)  a contract between any 2 of a general contractor, a
subcontractor and a subtrade,

     (c)  a contract for the construction of a home where the contract is
covered by the Alberta New Home Warranty Program,

     (d)  a contract for the construction or renovation of a home where
the contract is covered by the National Home Warranty Programs, or

     (e)  a contract for the drilling of a water well or a contract for
the maintenance of a water well if the party to the contract who is to
drill or maintain the water well holds a Class A, B or D approval for water
wells under the Water (Ministerial) Regulation (AR 205/98).


Retail home sales business
6(1)  Part 10 of the Fair Trading Act applies to the retail home sales
business.

(2)  In this section,

     (a)  "manufactured home" means a home that is constructed

               (i)  as an individual pre-assembled unit intended for
delivery to a residential site, or

               (ii) from a number of pre-assembled units that are
intended for delivery to and assembly at a residential site;

     (b)  "mobile home" means a portable dwelling that

               (i)  is designed to be used as a residence,

               (ii) is mounted on or otherwise attached to its own
chassis and running gear, and

               (iii)     is capable of being transported on its own chassis
and running gear by towing or other means;

     (c)  "package home" means a home consisting of materials that are
pre-cut or partially pre-assembled and that are intended for assembly,
erection or construction into a home at a residential site;

     (d)  "retail home sales business" means the business of selling or
the offering for sale of manufactured homes, mobile homes or package homes,
or any of the units or materials constituting those homes, to an individual
for use as a residence.

(3)  For the purposes of this section, the retail home sales business does
not include the sale of a manufactured home, mobile home or package home in
accordance with the Real Estate Act by an agent licensed under that Act or
by a salesman of an agent licensed under that Act.


Expiry
7   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 September 1, 2004.


Coming into force
8   This Regulation comes into force on September 1, 1999.


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

     Alberta Regulation 179/99

     Alberta Science, Research and Technology Authority Act

     ALBERTA SCIENCE, RESEARCH AND TECHNOLOGY
     AUTHORITY GRANT REGULATION

     Filed:  August 26, 1999

Made by the Lieutenant Governor in Council (O.C. 335/99) pursuant to
section 12 of the Alberta Science, Research and Technology Authority Act.


     Table of Contents

Authority to make grants 1
Purposes  2
Application    3
Eligibility    4
Agreements     5
Payments  6
Refund of surplus or repayment     7
Accountability 8
Repeal    9
Expiry    10


Authority to make grants
1   The Authority is authorized to make grants in accordance with the Act
and this Regulation

     (a)  on the recommendation of the Minister, if the amount of the
grant is less than or equal to $10 000 000, and

     (b)  on the recommendation of Executive Council, if the amount of
the grant is greater than $10 000 000.


Purposes
2   The Authority may make grants for any project related to science,
engineering, technology or research that the Authority considers
appropriate.


Application
3   An application for a grant must be made in the manner and form
acceptable to the Authority.


Eligibility
4   The Authority shall determine the conditions that are required to be
met by an applicant in order to make the applicant eligible for a grant.


Agreements
5   The Authority may enter into agreements, and may require applicants for
grants to enter into agreements, with respect to any matter relating to a
grant.


Payments
6   The Authority may make payments under the grant in a lump sum or by
instalments.


Refund of surplus or repayment
7(1)  The recipient of a grant may use the money

     (a)  only for the purpose for which the grant is made, or

     (b)  if the original purpose for which the grant is made is varied
with the consent of the Authority, only for the purpose as varied.

(2)  If the recipient of a grant does not use all of the money for the
purpose for which the grant is made, the Authority may require the
recipient to refund the surplus money to the Authority.

(3)  The Authority may require the recipient of a grant to repay all or
part of the money to the Authority if the recipient does not comply with
the conditions of the grant or does not use the money as required under
this Regulation.


Accountability
8   The Authority may at any time require that a recipient of a grant

     (a)  provide information to the Authority so that the Authority may
determine whether the recipient is complying with the conditions of the
grant and is using the money as required under this Regulation,

     (b)  provide an audited financial statement of the expenditure of
the money, and

     (c)  permit a representative of the Authority or the Auditor
General, or both, to examine any books or records to determine whether the
money has been properly expended.


Repeal
9   The Grant Regulation (AR 209/95) is repealed.


Expiry
10   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 August 1, 2003.


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

     Alberta Regulation 180/99

     Electric Utilities Act

     DIRECT SALES REGULATION

     Filed:  August 26, 1999

Made by the Lieutenant Governor in Council (O.C. 337/99) pursuant to
section 72 of the Electric Utilities Act.


     Table of Contents

Definitions    1
Conditions precedent to entering into a direct sales agreement   2
Authorization to act for seller or buyer     3
Section of the Act not applicable  4
Reporting to system controller     5
Approval of buyer by Power Pool Council 6
Financial settlement     7
Effect of entering into a direct sales agreement  8
Rules of the power pool  9
Expiry    10


Definitions
1   In this Regulation,

     (a)  "Act" means the Electric Utilities Act;

     (b)  "affiliate" has the meaning given to it in the Business
Corporations Act;

     (c)  "direct sales agreement" means an agreement relating to the
sale or provision of electric energy in accordance with the terms agreed to
by the parties to the agreement;

     (d)  "eligible direct buyer" means a person that buys or obtains
electric energy under a direct sales agreement and is approved by the Power
Pool Council pursuant to section 6 as an eligible direct buyer;

     (e)  "eligible direct seller" means

               (i)  before July 1, 2002

                         (A)  an independent power producer, or

                         (B)  the purchaser of a power purchase
arrangement under Part 4.1 of the Act,

                    that sells or provides electric energy under a
direct sales agreement, and

               (ii) on and after July 1, 2002, any person that sells or
provides electric energy under a direct sales agreement;

     (f)  "independent power producer" means a person that

               (i)  owns a generating unit other than a generating unit
listed in the Schedule to the Act, and

               (ii) is not an affiliate of an owner of a generating
unit listed in the Schedule to the Act;

     (g)  "power purchase arrangement" means a power purchase arrangement
sold at a public auction under section 45.93(1) of the Act or converted to
a financial instrument under section 45.94(2) of the Act;

     (h)  "system controller" means the person appointed under  section
9(1)(c) of the Act.


Conditions precedent to entering into a direct sales agreement
2(1)  An eligible direct seller and an eligible direct buyer may enter into
a direct sales agreement if

     (a)  the eligible direct seller and the eligible direct buyer are
power pool participants in accordance with the rules of the power pool,

     (b)  the scheduling and dispatch of electric energy sold or provided
under the direct sales agreement is controlled by the system controller,

     (c)  the electric energy sold or provided under the direct sales
agreement is

               (i)  dispatched from a generating unit that is owned by
the eligible direct seller and located in Alberta, or

               (ii) sold or provided pursuant to a power purchase
arrangement purchased by the eligible direct seller,

     (d)  the electric energy sold or provided under the direct sales
agreement is not dispatched from a generating unit listed in the Schedule
to the Act, unless sold or provided pursuant to a power purchase
arrangement, and

     (e)  the direct sales agreement is, by its terms, expressly subject
to the rules of the power pool including the rules established under
section 9(a).

(2)  Subsection (1)(c) and (d) do not apply after June 30, 2002.


Authorization to act for seller or buyer
3   An eligible direct seller and an eligible direct buyer may authorize a
person who meets the conditions established under section 9(b) to negotiate
or enter into a direct sales agreement on its behalf if the person so
authorized has obtained the approval of the Power Pool Council.

Section of the Act not applicable
4   Section 5(1) of the Act does not apply to an eligible direct buyer.


Reporting to system controller
5(1)  The parties to a direct sales agreement must provide the system
controller with the following information in accordance with the rules
established under section 9(c):

     (a)  the amount of electric energy to be sold or provided under the
agreement;

     (b)  the dates and times at which electric energy is to be sold or 
provided under the agreement;

     (c)  any other information that is required by the rules of the
power pool to be provided to the system controller in order to ensure safe,
reliable and economic operation of, and dispatch of electric energy on, the
interconnected system.

(2)  Notwithstanding anything in the rules of the power pool, the parties
to a direct sales agreement are not required to disclose to the Power Pool
Council or its employees any information relating to the price of electric
energy sold or provided under a direct sales agreement.


Approval of buyer by Power Pool Council
6   The Power Pool Council may approve a person as an eligible direct buyer

     (a)  if the person is capable of responding to a dispatch from the
system controller in a manner that is satisfactory to the Power Pool
Council, and

     (b)  where the person is not an owner of an electric distribution
system, if

               (i)  the person is subject to a tariff that sets out as
a separate charge the costs of electric energy exchanged through the power
pool, and

               (ii) the person's consumption of electric energy is
measured by a time-of-use meter.


Financial settlement
7(1)  Notwithstanding section 13(1)(b) of the Act, financial settlement for
electric energy sold or provided under a direct sales agreement 

     (a)  may be carried out by the parties to the agreement or the
persons authorized by the parties to do so, and

     (b)  is to be carried out at the price or for the consideration
agreed to by the parties to the agreement, 

unless subsection (2) applies.

(2)  Where the amount of electric energy actually sold or provided under a
direct sales agreement varies from the amount of electric energy agreed to
be sold or provided under the agreement, financial settlement for the
excess or shortfall of electric energy is to be carried out in accordance
with the rules established under section 9(d).


Effect of entering into a direct sales agreement
8   The entry into a direct sales agreement does not affect

     (a)  any obligations or entitlements determined under Part 4 of the
Act of a party to the agreement, or

     (b)  any amounts payable under Part 4.1 of the Act in lieu of the
obligations and entitlements referred to in clause (a) by a party to the
agreement after December 31, 2000.


Rules of the power pool
9   Notwithstanding section 9(1)(a) of the Act, the Power Pool Council
shall establish any rules that are necessary to give effect to this
Regulation, including rules relating to

     (a)  curtailment and certainty of supply of electric energy sold or
provided under direct sales agreements,

     (b)  the conditions to be met by a person in order to be eligible to
be authorized to act on behalf of an eligible direct seller or an eligible
direct buyer under section 3, and the process to be followed for that
person to obtain the approval of the Power Pool Council,

     (c)  the information to be provided to the system controller under
section 5 and the time and manner in which the information must be
provided, and

     (d)  financial settlement relating to the excess or shortfall of
electric energy referred to in section 7(2).


Expiry
10   This Regulation is made under section 72(1) of the Act and is repealed
in accordance with section 72(2) of the Act.


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

     Alberta Regulation 181/99

     Gas Utilities Act

     COCHIN PIPELINE REGULATION

     Filed:  August 26, 1999

Made by the Lieutenant Governor in Council (O.C. 339/99) pursuant to
section 26.4 of the Gas Utilities Act.


Definitions
1   In this Regulation,

     (a)  "Cochin pipeline" means a pipeline transportation system and
facilities from a point near Edmonton, Alberta to a point near Sarnia,
Ontario via Canada and the United States of America that transports
hydrocarbons produced in Alberta from Alberta to other provinces in Canada
and to the United States of America;

     (b)  "Nova" means NOVA Gas Transmission Ltd.


Authority
2   Nova may accept and exercise any power conferred on it by or under the
laws in force in any jurisdiction outside Alberta that authorizes Nova to
purchase, acquire, construct, operate and control or to participate in the
purchase, acquisition, construction, operation and control or any of them
of the works and undertakings situated outside Alberta which are or are
proposed to be part of the project known as the Cochin pipeline.


Repeal
3   The Cochin Pipeline Regulation (AR 181/76) 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, 2002.


     Alberta Regulation 182/99

     Gas Utilities Act

     FOOTHILLS PIPELINE REGULATION

     Filed:  August 26, 1999

Made by the Lieutenant Governor in Council (O.C. 340/99) pursuant to
section 26.4 of the Gas Utilities Act.


Definitions
1   In this Regulation,

     (a)  "Foothills pipeline" means a pipeline transportation system and
facilities in the provinces of Alberta, Saskatchewan and British Columbia
that transports hydrocarbons produced in Alberta from Alberta to the
provinces of British Columbia and Saskatchewan in Canada and to the United
States of America; 

     (b)  "Nova" means NOVA Gas Transmission Ltd.


Authority
2   Nova may accept and exercise any power conferred on it by or under the
laws in force in any jurisdiction outside Alberta that authorizes Nova to
purchase, acquire, construct, operate and control or to participate in the
purchase, acquisition, construction, operation and control or any of them
of the works and undertakings situated outside Alberta which are or are
proposed to be part of the project known as the Foothills pipeline.


Repeal
3   The Foothills Pipeline Regulation (AR 266/80) 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, 2002.




     Alberta Regulation 183/99

     Mines and Minerals Act

     METALLIC AND INDUSTRIAL MINERALS ROYALTY
     AMENDMENT REGULATION

     Filed:  August 26, 1999

Made by the Lieutenant Governor in Council (O.C. 341/99) pursuant to
section 37 of the Mines and Minerals Act.


1   The Metallic and Industrial Minerals Royalty Regulation (AR 350/93) is
amended by this Regulation.


2   Section 11(b) is amended by adding "silica sand," after "shale,".


3   Section 12(1) is amended by adding the following after clause (d):

     (e)  on silica sand, $0.37 per tonne.


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

     Alberta Regulation 184/99

     Environmental Protection and Enhancement Act

     ACTIVITIES DESIGNATION AMENDMENT REGULATION  

     Filed:  August 26, 1999

Made by the Minister of Environment pursuant to section 81 of the
Environmental Protection and Enhancement Act.


1   The Activities Designation Regulation (AR 211/96) is amended by this
Regulation.


2   Section 2(1)(n)(i) is repealed.


     Alberta Regulation 185/99

     Fair Trading Act

     PREPAID CONTRACTING BUSINESS LICENSING REGULATION

     Filed:  August 30, 1999

Made by the Minister of Government Services (M.O. C:010/99) pursuant to
sections 105, 139 and 162(2) of the Fair Trading Act.


     Table of Contents

Definitions    1
Licences  2
Replacement licence 3
Apprenticeship and Industry Training Act     4
Security  5
Term 6
Fees 7
General Licensing and Security Regulation    8
Duty to provide identification card     9
Requirements for contracts    10
Offences  11
Transitional   12
Repeal    13
Expiry    14
Coming into force   15


Definitions
1   In this Regulation,

     (a)  "Act" means the Fair Trading Act;

     (b)  "licence" means a prepaid contracting business licence
established by this Regulation; 

     (c)  "prepaid contract" means a prepaid contract as defined in
section 5 of the Designation of Trades and Businesses Regulation; 

     (d)  "prepaid contracting business" means the business designated as
the prepaid contracting business under the Designation of Trades and
Businesses Regulation. 


Licences
2(1)  The class of licence to be known as the prepaid contracting business
licence is established.

(2)  A person who holds a prepaid contracting business licence is
authorized to engage in the prepaid contracting business.

(3)  The Director may specify in a licence the class of goods or services
that may be sold under the licence. 

(4)  No licensee may engage in the prepaid contracting business in respect
of a class of goods or services unless that class is specified in the
licensee's licence.


Replacement licence
3   If a licensee intends to engage in the prepaid contracting business in
respect  of a class of goods or services not specified in the licensee's
licence, the licensee must apply to the Director for a replacement licence
that adds the class to the licence that is being replaced.


Apprenticeship and Industry Training Act
4   If, in the opinion of the Director, the Apprenticeship and Industry
Training Act applies to the operation of the business for which a licence
is sought, the Director may require an applicant for a licence to furnish
proof satisfactory to the Director that the applicant has complied with
that Act.

Security
5(1)  No licence may be issued or renewed unless the applicant submits to
the Director a security that is in a form and in an amount approved by the
Director.

(2)  The Director may, if the Director considers it appropriate, increase
the amount of the security that is to be provided by a licensee before the
term of the licence expires.


Term
6(1)  The term of a licence expires on the last day of the 12th month after
it is issued or renewed.

(2)  The term of a replacement licence expires when the licence it replaces
would have expired.


Fees
7(1)  The fee for a licence is $60.

(2)  The fee for a replacement licence is $30.


General Licensing and Security Regulation
8   The General Licensing and Security Regulation applies to the prepaid
contracting business.


Duty to provide identification card
9(1)  Every licensee must provide every individual who engages in prepaid
contracting business on behalf of the licensee with an identification card
that 

     (a)  shows the individual's name and the name, address and licence
number of the licensee on whose behalf the individual is acting, and 

     (b)  is signed by the signing authority appointed by the licensee.

(2)  An individual who has been given an identification card must produce
it when requested to do so by

     (a)  a customer or potential customer,

     (b)  an inspector or the Director, or 

     (c)  a peace officer as defined in the Provincial Offences Procedure
Act.

(3)  An individual who ceases to act on behalf of a licensee must as soon
as is reasonably possible after ceasing to act return the identification
card to the licensee.


Requirements for contracts
10(1)  This section applies to prepaid contracts in which the value of the
goods or services to be provided under the contact is more than $200. 

(2)  A person who is engaged in the prepaid contracting business must
ensure that every prepaid contract that the person enters into  
     (a)  complies with the requirements of section 35 of the Act, and 

     (b)  sets out quality or types of materials to be used under the
contract and the services and work to be carried out under the contract.

(3)  A person who is engaged in the prepaid contracting business and who
enters into a prepaid contract with a buyer must provide a copy of the
signed contract to the buyer

     (a)  on or before the date work commences under it, or

     (b)  within 10 days after the buyer signs the contract,

whichever occurs first. 


Offences
11   A contravention of section 2(4), 9 or 10 is, for the purposes of
section 162 of the Act, an offence.


Transitional
12   A licence under the Prepaid Contracting Business Licensing Regulation
(AR 314/82) is continued as a licence under this Regulation. 


Repeal
13   The Prepaid Contracting Business Licensing Regulation (AR 314/82) is
repealed.


Expiry
14   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 September 1, 2002.


Coming into force
15   This Regulation comes into force on September 1, 1999.


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

     Alberta Regulation 186/99

     Fair Trading Act

     NATURAL GAS DIRECT MARKETING REGULATION

     Filed:  August 30, 1999

Made by the Minister of Government Services (M.O. C:009/99) pursuant to
sections 105, 139 and 162(2) of the Fair Trading Act.


     Table of Contents

Definitions    1

     Licensing
Class of licence    2
Term 3
Licence fee    4
Security  5
General Licensing and Security Regulation    6
Duty to provide identification card     7

     Direct Marketing Contracts

Duties relating to documentation   8

     Standards of Conduct

Collection of fees and other charges    9
Renewals  10
Completing disclosure statement    11
Code of conduct     12
Representations     13

     Offences

Offences  14

     Transitional Provisions, Repeals,
     Expiry and Coming into Force
Deemed licence 15
Application to direct marketing contracts    16
Form of disclosure statement  17
Repeal    18
Expiry    19
Coming into force   20

Schedule


Definitions
1(1)  In this Regulation,

     (a)  "Act" means the Fair Trading Act;

     (b)  "agency agreement" means a contract or arrangement under which
a core consumer retains a person as the consumer's agent for the purpose of
soliciting, negotiating, concluding or performing the whole or any part of
a direct supply arrangement on behalf of the consumer;

     (c)  "buy-sell contract" means a contract or arrangement under which
a distributor purchases from a core consumer, or from a core consumer and
the consumer's agent, during a specified period, gas in a quantity that is
not expected to exceed the quantity of gas the distributor is obligated to
supply to the consumer during that period;

     (d)  "consumer supply contract" means a contract or arrangement
under which a core consumer, or a core consumer and the consumer's agent,
obtains a supply of gas from a direct seller;

     (e)  "consumer's agent" means a gas marketer retained by a core
consumer as the agent of the consumer for purposes related to the whole or
any part of a direct supply arrangement;

     (f)  "core consumer" means a person who takes delivery of gas at its
place of consumption by means of the gas distribution system of a
distributor, but does not include

               (i)  a person who uses or consumes the gas primarily as
a raw material or as a fuel, whether for space heating, water heating or
otherwise, in an industrial or manufacturing operation, or

               (ii) a person who has sustainable access to and
facilities that allow the person to use or consume a source of energy,
other than gas, in quantities sufficient to satisfy the requirements for
which the gas would otherwise be used or consumed;

     (g)  "direct marketing contract" means

               (i)  any agency agreement,

               (ii) a consumer supply contract in which a gas marketer
supplies the gas, or

               (iii)     a contract that is a combination of the contracts
referred to in subclauses (i) and (ii);

     (h)  "direct marketing of gas business" means the business

               (i)  of soliciting, negotiating, concluding or
performing the whole or any part of a direct supply arrangement on behalf
of a core consumer, or

               (ii) of soliciting a core consumer in any manner for the
purpose of having the consumer enter into an agency agreement or a consumer
supply contract;

     (i)  "direct seller" means a person, other than a distributor, who
sells gas to a core consumer or a consumer's agent;

     (j)  "direct supply arrangement" means a consumer supply contract
and any one of the following that is entered into or made in conjunction
with the consumer supply contract:

               (i)  a buy-sell contract;

               (ii) a transportation service contract;

               (iii)     a transportation service order;

     (k)  "distributor" means a distributor as defined in section 26.01
of the Gas Utilities Act or section 31 of the Municipal Government Act;

     (l)  "gas" means gas as defined in the Gas Utilities Act;

     (m)  "gas marketer" means a person who is engaged in the direct
marketing of gas business;

     (n)  "licence" means a direct marketing of gas business licence
established by this Regulation;

     (o)  "transportation service contract" means a contract under which
a distributor agrees to transport by means of its gas distribution system,
on a firm service basis, gas purchased under a consumer supply contract,
for delivery to a core consumer at the location where the consumer will use
or consume the gas;

     (p)  "transportation service order" means an order of the Alberta
Energy and Utilities Board under section 26.01(3) of the Gas Utilities Act
requiring a distributor to transport by means of its gas distribution
system gas supplied to a core consumer under a consumer supply contract.

(2)  The definition of "consumer" in section 1(1)(b) of the Act does not
apply to this Regulation.


     Licensing

Class of licence
2(1)  The class of licence to be known as the direct marketing of gas
business licence is established.

(2)  A person who holds a direct marketing of gas business licence is
authorized to engage in the direct marketing of gas business.


Term
3   The term of a licence expires on the last day of the 12th month after
it is issued.


Licence fee
4   The fee for a licence is $1000.


Security
5(1)  No licence may be issued or renewed unless the applicant submits to
the Director a security that is in a form and in an amount approved by the
Director.

(2)  The Director may, if the Director considers it appropriate, increase
the amount of the security that is to be provided by a licensee before the
term of the licence expires.


General Licensing and Security Regulation
6   The General Licensing and Security Regulation applies to the direct
marketing of gas business.


Duty to provide identification card
7(1)  Every licensee must provide every individual who acts on behalf of
the licensee in the direct marketing of gas business with an identification
card that 

     (a)  shows the name of the individual acting on behalf of the
licensee and  the name, address and licence number of the licensee on whose
behalf the individual is acting, and

     (b)  is signed by the signing authority appointed by the licensee.

(2)  An individual who has been given an identification card by a licensee
must produce it when requested to do so by

     (a)  a customer or potential customer of the licensee,

     (b)  an inspector or the Director, or

     (c)  by a peace officer as defined in the Provincial Offences
Procedures Act.

(3)  An individual who ceases to act on behalf of a licensee must as soon
as is reasonably possible after ceasing to act return the identification
card to the licensee.


     Direct Marketing Contracts

Duties relating to documenta- tion
8(1)  A gas marketer

     (a)  must ensure that each direct marketing contract that the gas
marketer enters into with a core consumer

               (i)  is in writing,

               (ii) includes the name, address and telephone number of
the gas marketer and the core consumer,

               (iii)     provides that the core consumer has the right to
review and obtain copies of any part of the direct supply arrangement that
the gas marketer assists the core consumer in becoming a party to,

               (iv) provides that the core consumer has the right to
audit the records of the gas marketer relating to the direct marketing
contract, and

               (v)  provides that the renewal of the direct marketing
contract is effective only if the core consumer consents in writing to the
renewal within 6 months before the date of renewal,

     and

     (b)  must provide to each core consumer with whom the gas marketer
enters into a direct marketing contract, a copy of the contract, including,
in cases to which subsection (2) applies, the disclosure statement referred
to in subsection (2)(a)(ii), completed and signed by the core consumer.

(2)  A gas marketer

     (a)  must ensure that each direct marketing contract the gas
marketer enters into with a core consumer who uses or consumes gas
primarily for household purposes

               (i)  has on its first page under the name of the gas
marketer the following statement that is in at least 12 point bold type and
is set out in a box:

     



               (ii) has attached to it the disclosure statement in the
form set out in the Schedule,

               (iii)     has the disclosure statement attached to the front
of the contract or has a statement that is in at least 12 point bold type
and set out in a box on the first page of the contract stating where the
disclosure statement is located,

               (iv) provides that the contract is not valid unless the
disclosure statement referred to in subclause (ii) has been completed and
signed by the core consumer,

               (v)  provides that the core consumer may cancel the
contract without cost or penalty within 10 days after a copy of the signed
contract is provided to the core consumer, and

               (vi) provides that the gas marketer must not notify a
distributor that the marketer has been appointed as the agent of the
consumer unless the 10-day period referred to in subclause (v) has expired
and the core consumer has not cancelled the contract within that period,

     and 

     (b)  must require each core consumer who uses or consumes gas
primarily for household purposes to sign the disclosure statement referred
to in clause (a)(ii) before or at the same time as the core consumer enters
into a direct marketing contract with the gas marketer.


     Standards of Conduct

Collection of fees and other charges
9   No gas marketer may collect any fee or  other charge from a core
consumer who enters into a direct marketing contract with the marketer
until after the delivery of gas under the direct supply arrangement
commences.


Renewals
10   A gas marketer must ensure that a direct marketing contract between it
and a core consumer is, despite any provision in the contract, renewed only
with the written consent of the core consumer that is given within 6 months
before the date of renewal.


Completing disclosure statement
11   A gas marketer must ensure that a core consumer who uses or consumes
gas primarily for household purposes does not sign a disclosure statement
referred to in section 8(2)(a)(ii) unless the disclosure statement has been
correctly and completely filled in.


Code of conduct
12(1)  In this section, "gas marketer" includes every individual who acts
on behalf of a gas marketer in the direct marketing of gas business.

(2)  Every gas marketer must comply with the following code of conduct:

     (a)  when first contacting a core consumer, a gas marketer that is
an individual must

               (i)  truthfully inform the core consumer of the gas
marketer's identity, including showing the consumer the identification card
referred to in section 7, and

               (ii) indicate that the gas marketer is soliciting the
consumer for the purpose of marketing gas;

     (b)  a gas marketer must not abuse the trust of a core consumer or
exploit any fear or lack of experience or knowledge of a core consumer; 

     (c)  a gas marketer must not exert undue pressure on a core
consumer, and must allow sufficient time for a consumer to read
thoughtfully and without harassment all documents the gas marketer provides
to a core consumer and accept a consumer's refusal of further discussion;

     (d)  a gas marketer must not make any representation or statement or
give any answer or take any measure that is not true or is likely to
mislead a core consumer;

     (e)  a gas marketer must use only timely, accurate, verifiable and
truthful comparisons; 

     (f)  a gas marketer must not make any verbal representations
regarding contracts, rights or obligations that are not contained in
written contracts;

     (g)  a gas marketer must ensure that all descriptions and promises
made in promotional material are in accordance with actual conditions,
situations and circumstances existing at the time the description or
promise is made;

     (h)  a gas marketer must ensure that all data the marketer refers to
is properly established and reliable and supports any claim for which the
data is cited;

     (i)  a gas marketer must not induce a core consumer to breach a
contract with another person;

     (j)  a gas marketer must not be intrusive and must not contact core
consumers between the hours of 9 p.m. and 8 a.m. to solicit them to enter
into direct marketing contracts;

     (k)  a gas marketer must not make any representation that savings,
price benefits or advantages exist if they do not exist or if there is no
evidence to substantiate the representation;

     (l)  a gas marketer must not give, in any representation, less
prominence to the total price of gas or services than to the price of any
part of the gas or services;

     (m)  a gas marketer must not use print that due to its size or other
visual characteristics is likely to materially impair the legibility or
clarity of documents the gas marketer  provides to core consumers;

     (n)  a gas marketer must not make a copy of or keep the original of
a core consumer's gas bill.

(3)  A breach of the code of conduct specified in subsection (2) may occur
in the course of inducing a person to enter into a direct marketing
contract, even though the direct marketing contract is not entered into or
is not completed.


Represen-tations
13(1)  A licensee must not make any representation, whether express or
implied, that being licensed under this Regulation constitutes an
endorsement or approval of the licensee by the Government of Alberta or the
Alberta Energy and Utilities Board. 

(2)  Subsection (1) does not preclude a licensee from representing that the
licensee is licensed under this Regulation.


     Offences

Offences
14   A contravention of section 7, 8, 9, 10, 11, 12 or 13 is, for the
purposes of section 162 of the Act, an offence.


     Transitional Provisions, Repeals,
     Expiry and Coming into Force

Deemed licence
15   A registration under the Natural Gas Direct Marketing Regulation (AR
237/95) is deemed to be a licence under this Regulation.


Application to direct marketing contracts
16(1)  Section 8, except for subsection (2)(a)(I) and (iii), applies in
respect of direct marketing contracts that are entered into or renewed
after September 1, 1999.

(2)  Subsection (8)(2)(a)(I) and (iii) apply to direct marketing contracts
that are entered into or renewed on or after January 1, 2000.

(3)  Section 10 applies in respect of direct marketing contracts that are
renewed after September 1, 1999.


Form of disclosure statement
17   If a direct marketing contract that is signed or renewed before
January 1, 2000 has attached to it a disclosure statement that is in the
form set out in the Schedule to the Natural Gas Direct Marketing Regulation
(AR 237/95), the disclosure statement is deemed to be in the form set out
in the Schedule to this Regulation.


Repeal
18   The Natural Gas Direct Marketing Regulation (AR 237/95) 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 September 1, 2004.


Coming info force
20   This Regulation comes into force on September 1, 1999.


     SCHEDULE

     DISCLOSURE STATEMENT
     TO CORE CONSUMER

Please read this statement before you sign it.  Before you enter into any
agreement or arrangement for natural gas, you should understand the
following:

     1    The contract is not a gas utility or government rebate program. 
The person who presented you with the contract represents           
(insert name of company that person represents).

     2    The future cost of natural gas is not known.  The business
named in the contract may not be able to supply gas cheaper than your
utility company.  If the business's natural gas is more expensive, *YOU/THE
BUSINESS/BOTH YOU AND THE BUSINESS will bear the cost.

     3    If you sign the contract you *WILL/WILL NOT be responsible for
all actions taken by the business on your behalf.  If you are part of a
group, you *WILL/WILL NOT be responsible for actions taken by other
consumers signed up by that business.

     4    The contract is for         years.

     5    If you decide to buy natural gas from a direct natural gas
supply business, you must stay with that business for at least a year.  The
contract can be ended only under the following conditions:

     (insert termination conditions)

     6    If you move you will still be responsible to buy natural gas
under the contract under the following conditions:

     (insert conditions relating to moving)

     7    If you want to switch back to your utility arranged supply or
to another direct natural gas supply business, you may have to wait for a
certain period of time.  *YOU/THE BUSINESS may also have to pay a charge of 
      .

     8    If you sign the contract, you have 10 days to think it over and
cancel the contract if you wish.  Under certain circumstances you may have
more time.  Businesses involved in the direct marketing of gas must also be
bonded and licensed with the Consumer Services Division of Alberta
Government Services.  Check to make sure that the business is bonded and
licensed.

If you need more information on cancelling the contract, or if you feel you
have been treated unfairly, you may contact the Consumer Services Division
of Alberta Government Services.

     I,        (print name)     , have read this Disclosure Statement and
understand its contents.
     Date                                 
                   (signature)           

Notice to person representing business - strike out inapplicable words
highlighted by an *.


     Alberta Regulation 187/99

     Fair Trading Act

     GENERAL LICENSING AND SECURITY REGULATION

     Filed:  August 30, 1999

Made by the Minister of Government Services (M.O. C:008/99)  pursuant to
sections 139 and 162(2) of the Fair Trading Act.


     Table of Contents

Definitions    1
Application    2

     Part 1
     Licensing

Limited term of licence  3
Duplicate licence   4
Refunds   5
Death of licensee   6
Partnership    7
Transfer of licence 8
Records   9
Duty to produce licence  10
Offences  11

     Part 2
     Security

Definitions    12
Application of Part 13
Term of security    14
Meaning of claim    15
Declaring security forfeit    16
Valid unpaid claims 17
Application by claimant  18
Notice to business operator   19
Admission but no payment 20
No reply by business operator 21
Director's jurisdiction when business operator disputes claim    22
Arbitration when business operator disputes claim 23
Failure to comply by business operator  24
Failure to comply by claimant 25
Decision provided to Director 26
Appeal of arbitrator's award  27
Claim becoming valid under arbitrator's award     28
Claimant obtaining judgment   29
Proceeds of security     30
Remainder of security proceeds     31
Return of cash security  32
Extinguishment of late claims 33
Trade-in allowance  34

     Part 3
     Transitional Provisions, Repeals,
     Expiry and Coming into Force

Existing securities 35
Claims before Sept. 1, 1999   36
Repeal    37
Expiry    38
Coming into force   39


Definitions
1   In this Regulation,

     (a)  "Act" means the Fair Trading Act; 

     (b)  "licence" means a licence under the Act.


Application
2   This Regulation does not apply to the business designated as the
automotive business under the Designation of Trades and Businesses
Regulation.


     PART 1

     LICENSING

Limited term of licence
3(1)  The Director may issue a licence for a limited term or for a
specified date in any case where the Director considers it appropriate to
do so.

(2)  The fee for a licence under subsection (1) is « the fee that is
otherwise payable.


Duplicate licence
4(1)  If the Director is satisfied that a licence has been lost, destroyed,
defaced or mutilated, the Director may issue a duplicate licence to the
licensee.

(2)  The fee for a duplicate licence is $40.


Refunds
5   The Director may refund the whole or part of any licence fees paid if
the Director is satisfied that

     (a)  the licensee is unable to commence the business covered by the
licence, or

     (b)  the licence was issued or renewed in error.


Death of licensee
6   If a licensee dies during the term of the licence, the licence is
deemed to be held by

     (a)  the licensee's executor,

     (b)  the administrator of the licensee's estate, or

     (c)  the licensee's next of kin where letters of administration have
not been granted,

until the licence expires or the business ceases to be carried on by any of
those persons, whichever event occurs first.


Partnership
7(1)  The term of a licence issued to a partnership expires when there is a
change in the partners.

(2)  When there is a change in the partners, the remaining partners of the
partnership must notify the Director and return the licence to the
Director.


Transfer of licence
8   A licence does not confer any property right and no licensee may sell,
transfer, assign, lease or otherwise dispose of or deal in a licence.


Records
9   In addition to the requirement to maintain financial records in
accordance with section 132(1) of the Act, every licensee and former
licensee must maintain all records and documents created or received while
engaged in the business authorized by the licence for at least 3 years
after the records were created or received.


Duty to produce licence
10   Every licensee must produce the licensee's licence for inspection or
provide details about the licence that make it possible to determine if the
person has been issued a licence when requested to do so

     (a)  by a customer or potential customer of the licensee,

     (b)  by an inspector or the Director, or

     (c)  by a peace officer as defined in the Provincial Offences
Procedure Act.


Offences
11   A contravention of section 9 or 10 is, for the purposes of section 162
of the Act, an offence.


     PART 2

     SECURITY

Definitions
12   In this Part,

     (a)  "business operator" means a person who operates a business and
who is 

               (i)  required to be licensed under the Act when
operating that business,  and 

               (ii) required to submit a security to the Director to be
eligible for the licence;

     (b)  "cash security" means security in the form of

               (i)  cash that has been deposited with the Director, or

               (ii) a term deposit or similar instrument issued in
favour of the Government of Alberta;

     (c)  "claim" means a claim described in section 15;

     (d)  "claimant" means a person who has a claim;

     (e)  "surety", in respect of a cash security, means the Director.


Application of Part
13   This Part applies to

     (a)  any security submitted to the Director on or after September 1,
1999,

     (b)  any security submitted to the Government of Alberta under the
Collection Practices Act, the Licensing of Trades and Businesses Act or the
Public Auctions Act, and

     (c)  any claim submitted to the Director on or after September 1,
1999.


Term of security
14(1)  A surety who wishes to terminate a security submitted in respect of
a business operator must give the operator and the Director 3 calendar
months' notice of the termination date.

(2)  A business operator who has submitted a cash security to the Director
and who wishes to terminate the security must give the Director 3 calendar
months' notice of the termination date.

(3)  A security for which a notice of termination has been given in
accordance with subsection (1) or (2) remains in force until the end of the
last day of the 3-month notice period.
`

Meaning of claim
15(1)  A person has a claim against a business operator if the person
suffers financial loss because

     (a)  the business operator fails to comply with the provisions of
the Act or regulations that apply to the business or a term or condition of
the business operator's licence, 

     (b)  the business operator fails to comply with a contract between
the person and the business operator and the contract is entered into in
the course of the operator's business,

     (c)  of the business operator's fraud, breach of trust,
misrepresentation, theft, conversion, negligence or default with respect to
goods or services sold or any money collected in the course of the
operator's business,

     (d)  the business operator fails to account to the person for all
money collected for or on behalf of the person, or

     (e)  the business operator fails to comply with a condition of the
operator's security.

(2)  A person does not have a claim against a business operator unless,
while the operator's security was in force,

     (a)  the person had a business relationship with the operator,

     (b)  the person had, in the course of the operator's business,
entered into a contract with the operator,

     (c)  the person paid money to or deposited money with the operator,
or

     (d)  the operator did or omitted to do something that led or
contributed to the person's financial loss referred to in subsection (1).


Declaring security forfeit
16(1)  When a claim against a business operator becomes a valid unpaid
claim, the Director may declare the business operator's security to be
forfeit and require the surety under the security to pay to the Director
the principal amount of the security. 

(2)  A surety who receives a declaration under subsection (1) while the
security is in force or within 2 years after the security ceases to be in
force must pay the principal amount of the security to the Director within
30 days of receiving the declaration.

(3)  Where the validity of a claim against a business operation may not be
determined within the 2-year period referred to in subsection (2), the
Director must send a notice of liability relating to the claim

     (a)  to the surety under the business operator's security, and

     (b)  where the security is cash security, to the business operator.

(4)  A surety who receives a notice under subsection (3)(a) must, if a
claim referred to in subsection (3) is found to be a valid unpaid claim,
pay the principal amount of the security to the Director within 30 days of
receiving a declaration under subsection (1), notwithstanding that the
2-year period referred to in subsection (2) has expired.


Valid unpaid claims
17   A claim becomes a valid unpaid claim

     (a)  if the claimant makes an application under section 18, the
claimant has not obtained a judgment against the business operator in
respect of the claim and section 20, 21, 22, 24 or 28 applies, or

     (b)  if the claimant makes an application under section 29, the
claimant has obtained a judgment against the business operator in respect
of the claim and section 29(3) applies.


Application by claimant
18(1)  A claimant who purports to have a claim against a business operator
may apply to the Director for a payment from the proceeds of the operator's
security.

(2)  A claimant may not make an application under subsection (1) in respect
of a business operator if the claimant has commenced a court action against
the operator that is based on the grounds that gave rise to the claim
unless the court action has been discontinued.

(3)  A claimant who is making an application under subsection (1) must
submit a statutory declaration that contains

     (a)  particulars of the basis of the claim, 

     (b)  the amount of the claim,

     (c)  a statement that the claimant has never commenced an action in
a court against the business operator that is based on the grounds that
give rise to the claim or, if the claimant commenced such an action, a
statement that the action was discontinued, 

     (d)  as an exhibit, a copy of any contract that is relevant to the
claim that is in the possession of the claimant, and 

     (e)  if payment by the claimant is an element of the claim, as an
exhibit, proof of payment by the claimant.

(4)  The statutory declaration of a claimant whose claim is based on the
business operator's failure to comply with the requirements of the Direct
Sales Cancellation Regulation or the Natural Gas Direct Marketing
Regulation that arise when a claimant cancels a sales contract or agency
contract must also contain 

     (a)  if a copy of the sales contract or agency contract was received
by the claimant, the date on which it was received,

     (b)  the date on which the notice of cancellation was given and the
method of giving the cancellation, and 

     (c)  as an exhibit, the copy of the notice of cancellation, if any,
made and kept by the claimant.


Notice to business operator
19   When a claimant submits a statutory declaration that meets the
requirements of section 18 and any other information required by the
Director and the Director is satisfied that, if the particulars provided by
the claimant are correct, the claimant has a claim against a business
operator, the Director must send to the business operator

     (a)  a copy of the claimant's statutory declaration, and

     (b)  a notice requiring the business operator to inform the Director
within 30 days after the date of the notice whether the seller admits or
denies the claim.


Admission but no payment
20   If the business operator who receives the Director's notice under
section 19 admits to the claim within the 30-day period referred to in
section 19, but does not pay the claim within 15 days after the Director
receives the operator's admission, the claim becomes a valid unpaid claim
for the purposes of this Regulation.


No reply by business operator
21   If a business operator who receives the Director's notice under
section 19 fails to reply to the Director within the 30-day period referred
to in section 19 and does not pay the claim within that 30-day period, the
claim becomes a valid unpaid claim for the purposes of this Regulation.


Director's jurisdiction when business operator disputes claim
22(1)  The Director is responsible for determining if a claim is valid when
a business operator who receives the Director's notice under section 19
denies the claim within the 30-day period referred to in section 19 and

     (a)  the amount of the claim does not exceed $1000, or

     (b)  the claim is based on the cancellation of a direct sales
contract under section 27 or 28 of the Act.

(2)  The Director may take whatever steps the Director considers
appropriate to determine if the claim is valid and require the claimant and
the business operator to provide additional information.

(3)  After taking those steps, the Director may 

     (a)  dismiss the claim, or

     (b)  declare the claim to be valid, establish the amount of the
claim to which the claimant is entitled  and notify the business operator
of the declaration.

(4)  If that amount established in the declaration remains unpaid for 30
days after the declaration is made, the claim in the amount established by
the Director becomes a valid unpaid claim for the purposes of this
Regulation.


Arbitration when business operator disputes claim
23(1)  Subject to sections 24 and 25, arbitration must be used to decide a
claim if the business operator who receives the Director's notice under
section 19 denies the claim within the 30-day period referred to in section
19 and

     (a)  the amount of the claim exceeds $1000, and

     (b)  the claim is not based on the cancellation of a direct sales
contract under section 27 or 28 of the Act.

(2)  Subsection (1) applies despite any agreement between the business
operator and claimant to have the claim determined in a different manner.

(3)  The arbitration is governed by the Arbitration Act and the arbitration
rules established by the Director.

(4)  Section 3 of the Arbitration Act does not apply to an arbitration
under this Regulation.

(5)  The Director must provide the business operator and claimant with a
list of 3 candidates to be arbitrator, and each candidate must be

     (a)  a member of the Alberta Arbitration and Mediation Society, or

     (b)  a person who is not a member of the Society but is approved by
the Director.

(6)  The business operator and the claimant must each nominate an
arbitrator from the list provided by the Director.

(7)  If the business operator and the claimant nominate the same candidate,
that candidate is the arbitrator for the arbitration and if the business
operator and claimant nominate different candidates, the candidate that was
not nominated is the arbitrator for the arbitration.


Failure to comply by business operator
24(1)  If the business operator fails to comply with the Arbitration Act or
the Director's rules and the non-compliance is, in the arbitrator's
opinion, significant, the arbitrator must notify the Director in writing of
the non-compliance.

(2)  If the Director receives a notice under subsection (1), the
arbitration ends and the claim becomes a valid unpaid claim for the
purposes of this Regulation.


Failure to comply by claimant
25(1)  If the claimant fails to comply with the Arbitration Act and the
Director's rules and the non-compliance is, in the arbitrator's opinion,
significant, the arbitrator must notify the Director in writing of the
non-compliance.

(2)  If the Director receives a notice under subsection (1), the
arbitration ends and the claim is dismissed.


Decision provided to Director
26   When the arbitrator completes the arbitration, the arbitrator must
provide the Director with a copy of the decision.


Appeal of arbitrator's award
27   The business operator or the claimant may appeal the award of an
arbitrator under this Regulation to the Court of Queen's Bench only on a
question of law in accordance with section 44(2) of the Arbitration Act.


Claim becoming valid under arbitrator's award
28   A claim that has been submitted to arbitration becomes a valid unpaid
claim for the purposes of this Regulation for the amount established by the
arbitrator if

     (a)  the arbitrator's award is that the claimant has a valid claim
in an amount established by the arbitrator,

     (b)  the arbitrator's award has become final by reason of lapse of
time or being confirmed by the highest court to which it may be appealed,
and 

     (c)  the arbitrator's award remains unpaid 30 days after the award
has become final.


Claimant obtaining judgment
29(1)  A claimant who has obtained a judgment against a business operator
that is based on grounds that give rise to a claim may apply to the
Director for a payment from the proceeds of the operator's security.

(2)  A claimant making an application under subsection (1) must submit a
statutory declaration that contains

     (a)  particulars of the basis of the claim, 

     (b)  as an exhibit, a copy of the judgment, and

     (c)  a statement that the judgment has become final by reason of
lapse of time or of being confirmed by the highest court to which it may be
appealed and has not been satisfied within 30 days after it became final.

(3)  When a claimant submits a statutory declaration that meets the
requirements of subsection (2) and the Director is satisfied that, if the
particulars provided by the claimant are correct, the claimant has a claim
against the business operator, the claim becomes a valid unpaid claim for
the purposes of this Regulation.


Proceeds of security
30(1)  When the Director declares a security to be forfeit under section 16
and receives the principal amount under the security from the surety, the
Director must hold the principal amount until the Director is satisfied
that no other valid unpaid claims will be received by the Director, but in
no case may the Director hold the amount for more than 3 years after the
Director declares the security to be forfeited. 

(2)  The Director must, in accordance with subsection (1), distribute the
principal amount of the security to claimants who have valid unpaid claims
against the business operator.

(3)  If the principal amount of the security is insufficient to pay all of
the valid unpaid claims, the Director must pay out the money on a pro rata
basis to those claimants.

(4)  If there is a dispute among persons who have valid unpaid claims
concerning the amount they should receive from the principal amount of the
security under subsection (2) or (3), the Director may pay all or part of
the principal amount into the Court of Queen's Bench, and the Court may
determine the amounts to be paid.


Remainder of security proceeds
31   If the whole of the principal amount is not required to pay the valid
unpaid claims, the Director must pay the amount that remains

     (a)  in the case of a security that is not a cash security, to the
surety who paid the principal to the Director, and

     (b)  in the case of a cash security, to the business operator who
paid the principal.


Return of cash security
32   If a cash security submitted to the Director is terminated by the
business operator who submitted it and no valid unpaid claims have been
received by the Director in respect of the operator while the security was
in force or within 2 years after the security ceases to be in force, the
Director must return the security to the operator.


Extinguish-ment of late claims
33   After the Director has distributed the principal amount of a security
in accordance with sections 30 and 31 or returned a cash security in
accordance with section 32, the Director must refuse to accept an
application under section 18 or 29 in respect of the security and any claim
that was not submitted to the Director in respect of the security prior to
the distribution or return is extinguished for the purposes of this
Regulation.


Trade-in allowance
34   Where a claim is made by a buyer against a business operator who has
entered into a direct sales contract with the buyer and the claim involves
a trade-in allowance, the amount of which was not agreed on, the Director
or arbitrator deciding the claim may determine the amount of the trade-in
allowance for the purposes of this Regulation.


     PART 3

     TRANSITIONAL PROVISIONS, REPEALS,
     EXPIRY AND COMING INTO FORCE

Existing securities
35(1)  Every security provided to the Government of Alberta under the
Collection Practices Act, the Licensing of Trades and Businesses Act or the
Public Auctions Act is

     (a)  subject to this Regulation, and

     (b)  deemed to contain a provision that it is subject to forfeiture
in accordance with the procedures of this Regulation.

(2)  If there is a conflict between

     (a)  a provision in a security referred to in subsection (1), and

     (b)  this Regulation or the deemed provision in subsection (1)(b),

this Regulation or the deemed provision, as the case may be, prevail.


Claims before Sept. 1, 1999
36(1)  In this section, "former security provisions" means the provisions
dealing with bonds and other forms of security and the claims against those
bonds or other forms of security in the following repealed enactments:

     (a)  Collection Practices Act;

     (b)  Collection Practices Regulation (AR 77/79);

     (c)  Licensing of Trades and Businesses Act;

     (d)  Automotive Business Licensing Regulation (AR 188/78);

     (e)  Direct Selling Business Licensing Regulation  (AR 315/82);

     (f)  Natural Gas Direct Marketing Regulation (AR 237/95);

     (g)  Prepaid Contracting Business Licensing Regulation (AR 314/82);

     (h)  Retail Home Sales Business Licensing Regulation (AR 189/82);

     (i)  Public Auctions Act.

(2)  Despite sections 13 and 35, the former security provisions continue to
apply to claims submitted to the Government of Alberta before September 1,
1999 against security provided under the Collection Practices Act, the
Licensing of Trades and Businesses Act or the Public Auctions Act.


Repeal
37   The General Licensing Regulation (AR 197/78) is repealed.


Expiry
38   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 September 1, 2004.


Coming into force
39   This Regulation comes into force on September 1, 1999.


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

     Alberta Regulation 188/99

     Fair Trading Act

     EXEMPTION REGULATION

     Filed:  August 30, 1999

Made by the Minister of Government Services (M.O. C:007/99) pursuant to
section 1(2) of the Fair Trading Act.


Insurance
1   In Parts 2 and 4 of the Fair Trading Act and in any regulations made
under those Parts,

     (a)  "goods", "services" and "consumer transaction" do not include
insurance to which the Insurance Act applies;

     (b)  "supplier" does not include an insurer or reciprocal insurance
exchange licensed under the Insurance Act or a person acting under a
certificate of authority issued under the Insurance Act.


Expiry
2   For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be repassed in
its present or an amended form following a review, this Regulation expires
on September 1, 2004.


Coming into force
3   This Regulation comes into force on September 1, 1999.


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

     Alberta Regulation 189/99

     Fair Trading Act

     EMPLOYMENT AGENCY BUSINESS LICENSING REGULATION

     Filed:  August 30, 1999

Made by the Minister of Government Services (M.O. C:006/99) pursuant to
sections 105, 139 and 162(2) of the Fair Trading Act.


     Table of Contents

Definitions    1
Licence   2
Operating under different names    3
Complying with laws 4
Term 5
Fee  6
General Licensing and Security Regulation    7
Records   8
Fee prohibition     9
Strikes and lockouts     10
Offences  11
Transitional   12
Repeal    13
Expiry    14
Coming into force   15


Definitions
1  In this Regulation,

     (a)  "Act" means the Fair Trading Act;

     (b)  "business operator" means a person who is engaged in the
employment agency business;

     (c)  "employment agency business" means the business designated as
the employment agency business under the Designation of Trades and
Businesses Regulation;

     (d)  "licence" means an employment agency business licence
established by this Regulation;

     (e)  "resum‚" means a written statement setting out a person's
education, experience, previous employment and other personal information
and skills.


Licence
2(1)  The class of licence to be known as the employment agency business
licence is established.

(2)  A person who holds an employment agency business licence is authorized
to engage in the employment agency business.


Operating under different names
3   A person who engages in the employment agency business under more than
one name is, for the purposes of this Regulation, considered to be
operating a separate employment agency business under each name and must
obtain a licence for each name.


Complying with laws
4   The Director may refuse to issue or renew a licence if the applicant is
unable to satisfy the Director that the applicant is complying with the
laws, including municipal bylaws, that apply to the operation of the
employment agency business.


Term
5   The term of a licence expires on the last day of the 24th month after
it is issued or renewed.


Fee
6   The fee for a licence or to renew a licence is $120.


General Licensing and Security Regulation
7   The General Licensing and Security Regulation applies to the employment
agency business.


Records
8   In addition to the requirements respecting records under section 132(1)
of the Act and under section 8 of the General Licensing and Security
Regulation, every licensee and former licensee must maintain the following
records for at least 3 years after they are made:

     (a)  the name and address of every employer

               (i)  for whom persons seeking employment are obtained,
or

               (ii) to whom persons seeking employment are directed;

     (b)  the name, occupation, residential address and rate of wages of
every person for whom employment is obtained;

     (c)  the name, occupation and residential address of every person
who is directed to any employer for the purpose of procuring employment;

     (d)  the name, occupation and residential address of every person
who is provided with information regarding employers seeking employees.



Fee prohibition
9(1)  No business operator may directly or indirectly demand or collect a
fee, reward or other compensation

     (a)  from a person who is seeking

               (i)  employment, or

               (ii) information respecting employers seeking employees,

     or

     (b)  from a person

               (i)  for securing or endeavouring to secure employment
for the person, or

               (ii) for providing the person with information
respecting any employer seeking an employee.

(2)   Nothing in subsection (1) prohibits a business operator from charging
a fee for services provided in relation to the preparation of a resum‚, but
no business operator may require a person to purchase the business's resum‚
writing service as a condition to the business operator's acting as an
employment agency in respect of that person.

(3)  A business operator who charges a fee for services referred to in
subsection (2) must post a list of the fees charged in a conspicuous
location in the operator's business premises.


Strikes and lockouts
10   When a legal strike or lockout is in progress, no person operating an
employment agency business may knowingly

     (a)  send or assist in sending any person, or

     (b)  cause any person to be sent,

to take employment in place of an employee who is on strike or locked out
without informing the person of the existence of the strike or lockout.


Offences
11   A contravention of section 3, 8, 9 or 10 is, for the purposes of
section 162 of the Act, an offence.


Transitional
12   A licence under the Employment Agency Business Licensing Regulation
(AR 87/89) is continued as a licence under this Regulation.


Repeal
13   The Employment Agency Business Licensing Regulation (AR 87/89) is
repealed.


Expiry
14   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 September 1, 2004.


Coming into force
15   This Regulation comes into force on September 1, 1999.


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

     Alberta Regulation 190/99

     Fair Trading Act

     DIRECT SELLING BUSINESS LICENSING REGULATION

     Filed:  August 30, 1999

Made by the Minister of Government Services (M.O. C:005/99) pursuant to
sections 105, 139 and 162(2) of the Fair Trading Act.


     Table of Contents

Definitions    1
Licence   2
Replacement licence 3
Security  4
Term 5
Fees 6
Fee exemption  7
General Licensing and Security Regulation    8
Duty to provide identification card     9
Offences  10
Transitional   11
Repeal    12
Expiry    13
Coming into force   14


Definitions
1   In this Regulation,

     (a)  "Act" means the Fair Trading Act;

     (b)  "direct selling business" means the business designated as the
direct selling business under the Designation of Trades and Businesses
Regulation;

     (c)  "licence" means the direct selling business licence established
by this Regulation.


Licence
2(1)  The class of licence to be known as the direct selling business
licence is established.

(2)  A person who holds a direct selling business licence is authorized to
engage in the direct selling business.

(3)  The Director may specify in a licence the class of goods or services
that may be sold under the licence.

(4)  No licensee may engage in the direct selling business in respect of a
class of goods or services unless that class is specified in the licensee's
licence.


Replacement licence
3   If a licensee intends to engage in the direct selling business in
respect of a class of goods or services not specified in the licensee's
licence, the licensee must apply to the Director for a replacement licence
that adds the class to the licence that is being replaced.


Security
4(1)   The Director may, if the Director considers it appropriate,  require
an applicant for a licence, a replacement licence or the renewal of a
licence, to submit to the Director a security that is in a form and in an
amount approved by the Director.

(2)  The Director may, if the Director considers it appropriate, increase
the amount of the security that is to be provided by a licensee before the
term of the licence expires.


Term
5(1)   The term of a licence expires on the last day of the 24th  month
after it is issued or renewed.

(2)  The term of a replacement licence expires when the licence it replaces
would have expired.


Fees
6(1)  The fee for a licence is $120.

(2)  The fee for a replacement licence is $30.


Fee exemption
7(1)  If an applicant for a licence suffers from any bodily defect, injury
or incapacity, the Minister may, on the recommendation of the municipality
in which the applicant is currently residing, authorize the Director to
issue to the applicant a licence without fees, and the licensee may act as
a direct seller in the manner specified in the licence.

(2)  The licence mentioned in subsection (1) may specify the area or areas
in Alberta to which the licence applies.


General Licensing and Security Regulation
8   The General Licensing and Security Regulation applies to the direct
selling business.


Duty to provide identification card
9(1)  Every licensee must provide every individual who engages in direct
selling business on behalf of the licensee with an identification card that

     (a)  shows the individual's name and the name, address and licence
number of the licensee on whose behalf the individual is acting, and

     (b)  is signed by the signing authority appointed by the licensee.

(2)  An individual who has been given an identification card must produce
it when requested to do so by

     (a)  a customer or potential customer, 

     (b)  an inspector or the Director, or

     (c)  a peace officer as defined in the Provincial Offences Procedure
Act.

(3)  An individual who ceases to act on behalf of a licensee must  as soon
as is reasonably possible after ceasing to act return the identification
card to the licensee.


Offences
10   A contravention of section 2(4) or 9 is, for the purposes of section
162 of the Act, an offence.


Transitional
11   A licence under the Direct Selling Business Licensing Regulation (AR
315/82) is continued as a licence under this Regulation.


Repeal
12   The Direct Selling Business Licensing Regulation (AR 315/82) is
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 September 1, 2002.


Coming into force
14   This Regulation comes into force on September 1, 1999.


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

     Alberta Regulation 191/99

     Fair Trading Act

     DIRECT SALES CANCELLATION AND EXEMPTION REGULATION

     Filed:  August 30, 1999

Made by the Minister of Government Services (M.O. C:004/99) pursuant to
sections 25(3) and 36 of the Fair Trading Act.


     Table of Contents

Definition     1
Direct sales contract    2
Statement of cancellation rights   3
Exemptions from Division 1 of Part 3 of Act  4
Repeal    5
Expiry    6
Coming into force   7

Schedule


Definition
1   In this Regulation, "Act" means the Fair Trading Act.


Direct sales contract
2   The amount for the purpose of section 24(a) of the Act is $25.


Statement of cancellation rights
3(1)  A statement of cancellation rights must

     (a)  contain the words set out in either of the options shown in the
Schedule,

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

     (c)  show the statement of 10-day cancellation rights in not less
than 12-point type, and

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

(2)  If the statement of cancellation rights is not printed on the front of
the direct sales contract, there is to be a notice printed on the front of
the direct sales contract, in not less than 12-point bold type, indicating
where on the direct sales contract the statement of cancellation rights is
printed.


Exemptions from Division 1 of Part 3 of Act
4   Division 1 of Part 3 of the Act does not apply to the following classes
of business:

     (a)  the business of trading in real estate by a person authorized
under the Real Estate Act to act as a real estate broker;

     (b)  the business of dealing in mortgages by a person authorized
under the Real Estate Act to act as a mortgage broker;

     (c)  the business of selling nursery stock by a person who is
licensed under the Direct Selling Business Licensing Regulation;

     (d)  the business of maintaining or operating a school or providing
correspondence courses for the purpose of giving instruction or training in
a vocation by a person who is licensed under the Private Vocational Schools
Act, or by an agent of that person;

     (e)  the business of selling, leasing or renting or offering for
sale, lease or rent a lot, plot, compartment, crypt or other space in a
cemetery, columbarium or mausoleum by a person who is licensed under the
Cemeteries Act; 

     (f)  the business of undertaking to provide or  make provision for
another's funeral services under a funeral services contract or soliciting
another person to enter into a funeral services contract by a person who is
licensed under the Funeral Services Act; 

     (g)  the business of selling food or food products that are in a
perishable state at the time of delivery to the consumer;

     (h)  the business of providing goods and services by an insurer or
reciprocal insurance exchange acting under the authority of a licence
issued under the Insurance Act or a person acting under a certificate of
authority issued under that Act;

     (i)  the business of selling farm products raised on a farm in
Alberta and sold by the farmer, a member of the farmer's family or an
employee of the farmer selling the farmer's products on behalf of the
farmer;

     (j)  the business of soliciting, negotiating or concluding a sales
contract at a market place, auction, trade fair, agricultural fair or
exhibition; 

     (k)  the business of trading in securities or exchange contracts by
a person who is registered under the Securities Act; 

     (l)  the business of carrying out an activity authorized under the
Bank Act (Canada) by a bank;

     (m)  the business of carrying out an activity authorized under the
Loan and Trust Corporations Act by a loan corporation or a trust
corporation;

     (n)  the business of carrying out an activity authorized under the
Credit Union Act by a credit union.


Repeal
5   The Direct Sales Cancellation Regulation (AR 171/96) and the Direct
Sales Cancellation (Ministerial) Regulation (AR 198/96) are repealed.


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 September 1, 2004.


Coming into force
7   This Regulation comes into force on September 1, 1999.


     SCHEDULE

One of the following options must appear in each statement of cancellation
rights:

     Buyer's Right to Cancel

You may cancel this contract from the day you enter into the contract until
10 days after you receive a copy of the contract.  You do not need a reason
to cancel.

If you do not receive the goods or services within 30 days of the date
stated in the contract, you may cancel this contract within one year of the
contract date.  You lose that right if you accept delivery after the 30
days.  There are other grounds for extended cancellation.  For more
information, you may contact your provincial/territorial consumer affairs
office.

If you cancel this contract, the seller has 15 days to refund your money
and any trade-in, or the cash value of the trade-in.  You must then return
the goods.

To cancel, you must give notice of cancellation at the address in this
contract.  You must give notice of cancellation by a method that will allow
you to prove that you gave notice, including registered mail, fax or by
personal delivery.


     Buyer's Right to Cancel

You may cancel this contract from the day you enter into the contract until
10 days after you receive a copy of the (contract/statement of cancellation
rights)*.  You do not need a reason to cancel.

If you do not receive the goods or services within 30 days of the date
stated in the contract, you may cancel this contract within one year of the
contract date.  You lose that right if you accept delivery after the 30
days.  There are other grounds for extended cancellation.  For more
information, you may contact your provincial/territorial consumer affairs
office.

If you cancel this contract, the seller has 15 days to refund your money
and any trade-in, or the cash value of the trade-in.  You must then return
the goods.

To cancel, you must give notice of cancellation at the address (below/in
this contract)**.  You must give notice of cancellation by a method that
will allow you to prove that you gave notice, including registered mail,
fax or by personal delivery.

[ADDRESS FOR NOTICE - include name, business address, phone and, if
applicable, fax number if this statement of cancellation rights is a
document separate from the contract]***

*    use "contract" in the Province of Alberta
**   use "in this contract" in the Province of Alberta
***  not applicable in the Province of Alberta


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

     Alberta Regulation 192/99

     Fair Trading Act

     AUTOMOTIVE BUSINESS REGULATION

     Filed:  August 30, 1999

Made by the Minister of Government Services (M.O. C:001/99) pursuant to
sections 55(3), 105, 136(1), 137(7), 139, 140(3) and 162(2) of the Fair
Trading Act.


     Table of Contents

Definitions    1

     Part 1
     Licensing, Standards and Registration

     Licensing

General automotive business licence     2
New classes of licence   3
Complying with laws 4
Term 5
Death of licensee   6
Partnership    7
Transfer of licence 8
Records   9
Duty to produce licence  10

     Standards of Conduct

Advertising    11
Consignment sales - paying out proceeds 12
Consignment sales - other property received  13
Compliance with deemed terms  14
Additional standards     15

     Registration of Salespersons

Registration   16
Application for registration  17
Adoption of provisions   18
Education requirements   19
Term 20
Salesperson ceases to be authorized     21
Appeal    22
Duty to produce certificate of registration  23

     Part 2
     Alberta Motor Vehicle Industry Council and
     the Compensation Fund

Regulatory board    24
Designated agents   25
Investments    26
Insurance 27
Additional purposes of compensation fund     28
Claims against compensation fund   29
Reimbursement to compensation fund 30
Annual statement    31

     Part 3
     Consignment Sales

Consignment agreements   32
Requirements   33


     Part 4
     Offences

Offences  34

     Part 5
     Transitional Provisions, Repeals, 
     Expiry and Coming into Force

Continuation of licences 35
Repeal    36
Expiry    37
Coming into force   38


Definitions
1   In this Regulation,

     (a)  "Act" means the Fair Trading Act;

     (b)  "automotive business" means the business designated as the
automotive business under the Designation of Trades and Businesses
Regulation;

     (c)  "business operator" means a person who is engaged in the
automotive business;

     (d)  "compensation fund" means the compensation fund established by
the Council under section 137(1) of the Act;

     (e)  "consignment agreement" means a consignment agreement to which
section 55 of the Act applies by virtue of section 32 of this Regulation; 

     (f)  "Council" means the Alberta Motor Vehicle Industry Council
referred to in section 24;

     (g)  "licence" means a class of automotive business licence
established by this Regulation;

     (h)  "lien" means, in respect of a motor vehicle or other personal
property, any lien, mortgage, charge or encumbrance to which the vehicle or
other property is subject;

     (i)  "motor vehicle" means a motor vehicle as defined in the Highway
Traffic Act, but does not include

               (i)  a motor cycle as defined in the Highway Traffic
Act, or

               (ii) an off-highway vehicle as defined in the
Off-highway Vehicle Act;

     (j)  "salesperson" means a person who is authorized by an automotive
sales licensee, automotive leasing licensee or automotive consignment
licensee to solicit, negotiate or conclude on the licensee's behalf an
agreement to buy, sell, lease, exchange or consign a motor vehicle.


     PART 1

     LICENSING, STANDARDS AND REGISTRATION

     Licensing

General automotive business licence
2(1)  The class of licence to be known as the general automotive business
licence is established.

(2)  A person who holds a general automotive business licence is authorized
to engage in the automotive business.

(3)  This section expires on June 30, 2000.


New classes of licence
3(1)  The following classes of automotive business licence are established:

     (a)  automotive sales licence;

     (b)  automotive leasing licence;

     (c)  automotive consignment licence;

     (d)  automotive repair licence.

(2)  A person who holds an automotive sales licence is authorized to engage
in the business of 

     (a)  selling motor vehicles, whether as a retailer or wholesaler,
other than selling motor vehicles on consignment, or

     (b)  negotiating or conducting on a consumer's behalf an agreement
in which the consumer buys, sells or leases a motor vehicle.

(3)  A person who holds an automotive leasing licence is authorized to
engage in the business of leasing motor vehicles.

(4)  A person who holds an automotive consignment licence is authorized to
engage in the business of selling motor vehicles on consignment.

(5)  A person who holds an automotive repair licence is authorized to
engage in the business of repairing or servicing motor vehicles.

(6)  This section comes into force on July 1, 2000.


Complying with laws
4   The Director may refuse to issue or to renew a licence to an applicant
if

     (a)  the applicant is unable to satisfy the Director that the
applicant is complying with the laws, including municipal bylaws, that
apply to the automotive business to be operated under the licence,

     (b)  in the Director's opinion, the applicant has contravened the
standards of conduct that apply to the automotive business to be operated
under the licence, or

     (c)  a claim has been paid from the compensation fund in respect of
the applicant and the applicant has not reimbursed the compensation fund
for the amount of the payment.


Term
5(1)  The term of a general automotive business licence expires on June 30,
2000.

(2)  The term of a licence referred to in section 3 is one year.


Death of licensee
6   If a licensee dies during the term of the licence, the licence is
deemed to be held by

     (a)  the licensee's executor,

     (b)  the administrator of the licensee's estate, or

     (c)  the licensee's next of kin where letters of administration have
not been granted,

until the licence expires or the business ceases to be carried on by any of
those persons, whichever event occurs first.


Partnership
7(1)  The term of a licence issued to a partnership expires when there is a
change in the partners.

(2)  When there is a change in the partners, the remaining partners of the
partnership must notify the Director and return the licence to the
Director.


Transfer of licence
8   A licence does not confer any property right and no licensee may sell,
transfer, assign, lease or otherwise dispose of or deal in a licence.


Records
9   In addition to the requirement to maintain financial records in
accordance with section 132(1) of the Act, every licensee and former
licensee must maintain all records and documents created or received while
engaged in the business authorized by the licence for at least 3 years
after the records were created or received.


Duty to produce licence
10   Every licensee must produce the licensee's licence for inspection or
provide details about the licence that make it possible to determine if the
person has been issued a licence when requested to do so

     (a)  by a customer or potential customer of the licensee,

     (b)  by an inspector or the Director, or

     (c)  by a peace officer as defined in the Provincial Offences
Procedure Act.


     Standards of Conduct

Advertising
11   Every licensee must ensure that the licensee's advertising indicates
in a conspicuous manner

     (a)  the name of the licensee as set out in the licence or the trade
name of the licensee as set out in the licence, and

     (b)  that the licensee holds an automotive business licence under
the Act.


Consignment sales - paying out proceeds
12(1)  A business operator who enters into a consignment agreement to sell
an individual's motor vehicle must, within 14 days of the date that the
operator sells the vehicle, 

     (a)  if the business operator has knowledge that the vehicle is
subject to a lien,

               (i)  issue a cheque for the amount owing under the lien
payable to the lienholder and take reasonable steps to ensure that the
lienholder receives the amount owing, and

               (ii) provide to the consignor a cheque payable to the
consignor for the consignor's share of the purchase price, being the
purchase price less the amount payable to the lienholder and the business
operator's disbursements, fees and commissions, and a statement of account
that meets the requirements of subsection (2),

          and

     (b)  in any other case, provide to the consignor a cheque payable to
the consignor for the consignor's share of the purchase price, being the
purchase price less the business operator's disbursements, fees and
commissions, and a statement of account that meets the requirements of
subsection (2).

(2)  The statement of account must set out

     (a)  the amounts required to pay out any outstanding liens on the
motor vehicle,

     (b)  a description of any vehicle or other personal property
received as consideration for the sale of the consignor's vehicle and the
value assigned to the vehicle or other personal property, and

     (c)  the amount payable to the consignor.


Consignment sales - other property received
13   A business operator who has entered into a consignment agreement to
sell an individual's motor vehicle and has received as consideration for
the sale of the consignor's vehicle another vehicle or other personal
property must, within 14 days of the date of the sale of the consignor's
vehicle, 

     (a)  give the other vehicle or personal property to the consignor,
or

     (b)  deal with the property in accordance with the written
instructions of the consignor.


Compliance with deemed terms
14   A business operator who enters into a consignment agreement must
comply with the terms that are, under section 33(3), deemed to be contained
in the consignment agreement.


Additional standards
15   The Director may establish standards of conduct for the automotive
business or one or more of the classes of the automotive business that are
in addition to those established in this Regulation.

     Registration of Salespersons

Registration
16(1)  A salesperson of an automotive sales licensee must be registered for
automotive sales before acting on behalf of the licensee.

(2)  A salesperson of an automotive leasing licensee must be registered for
automotive leasing before acting on behalf of the licensee.

(3)  A salesperson of an automotive consignment licensee must be registered
for consignment sales before acting on behalf of the licensee. 

(4)  A salesperson who acts for more than one licensee must obtain a 
separate registration in respect of each licensee.


Application for registration
17(1)  A person who wishes to be registered or to have a registration
renewed under this Regulation must submit to the Director

     (a)  an application on a form established by or acceptable to the
Director,

     (b)  any additional information that is requested by the Director,
and

     (c)  proof satisfactory to the Director that the applicant has met
the education requirements established by the Director.

(2)  The application and other information submitted under subsection (1)
must, on the request of the Director, be verified by affidavit or in
another manner that is satisfactory to the Director.


Adoption of provisions
18   Sections 125, 127 and 128 of the Act apply, with the necessary
changes, to the registration of salespersons.


Education requirements
19   The Director may establish education requirements to be met by
applicants for registration.


Term
20(1)  The term of a salesperson's registration is one year. 

(2)  The term of a salesperson's registration in respect of a licensee
expires 

     (a)  when the licence of the licensee is no longer in force, or

     (b)  when the licensee no longer authorizes the salesperson to act
on its behalf.

(3)  When the term of a salesperson's registration expires under subsection
(2), the salesperson must, within 7 days after the term expires, return the
certificate of registration to the Director.


Salesperson ceases to be authorized
21(1)  When an automotive sales licensee, automotive leasing licensee or
automotive consignment licensee ceases to authorize a salesperson to act on
its behalf, the licensee must send to the Director written notification of

     (a)  the name of the salesperson, and

     (b)  the date that the salesperson ceases to be authorized to act on
its behalf.

(2)  The licensee must send the notice to the Director either before the
salesperson ceases to be authorized or within 7 days after the salesperson
ceases to be authorized.


Appeal
22(1)  A person

     (a)  whose application for registration or renewal of registration
has been refused,

     (b)  whose registration is made subject to terms and conditions, or

     (c)  whose registration has been cancelled or suspended under
section 127 of the Act

may appeal in accordance with the process established by the Director.

(2)  The Director may establish an appeal process for the purposes of
subsection (1), including forming or designating an appeal body.


Duty to produce certificate of registration
23   Every registrant must produce the registrant's certificate of
registration for inspection or provide details about the registration that
make it possible to determine if the person is registered when requested to
do so 

     (a)  by a customer or potential customer of the registrant, 

     (b)  by an inspector or the Director, or

     (c)  by a peace officer as defined in the Provincial Offences
Procedure Act. 


     PART 2

     ALBERTA MOTOR VEHICLE INDUSTRY COUNCIL
     AND THE COMPENSATION FUND

Regulatory board
24   The Alberta Motor Vehicle Industry Council, a body corporate under the
Societies Act, is established as a regulatory board to exercise the powers,
duties and functions delegated to it under section 136(5) of the Act.


Designated agents
25   Every automotive sales licensee, automotive leasing licensee and
automotive consignment licensee must appoint their salespersons as
designated agents.


Investments
26   The Council may invest the first $1 500 000 of the compensation fund
only in securities or classes of securities in which trustees are permitted
to invest trust funds under the Trustee Act.


Insurance
27(1)  The Council may, in a manner and on terms and conditions it
considers advisable, enter into contracts with insurers by which the
compensation fund may be protected in whole or in part against any claim or
loss to the fund.

(2)  The Council has an insurable interest in the compensation fund and in
the payment of claims from the fund.


Additional purposes of compensation fund
28   When the compensation fund exceeds $1 500 000, the portion of the fund
exceeding $1 500 000 may, with the prior permission of the Director, be
used by the Council for the purpose of

     (a)  providing information relating to the automotive business to
consumers and persons engaged in the automotive business, and

     (b)  paying the costs of investigations for which the Council is
responsible.


Claims against compensation fund
29(1)  The Council may make by-laws respecting the payment of claims from
the compensation fund, including

     (a)  identifying the claims that may be paid from the compensation
fund and who is eligible to make those claims;

     (b)  setting out the conditions to be met before a claim is paid
from the compensation fund;

     (c)  respecting the maximum amount that may be paid from the
compensation fund to a claimant or group of claimants.

(2)  Section 136(3) and (4) of the Act apply to a by-law made under
subsection (1).


Reimburse-ment to compensation fund
30   If the Council pays an amount to a claimant from the compensation fund
in respect of an automotive business, the business operator of that
business is liable to the Council for the amount of the payment and the
Council may collect the amount by civil action for debt in a court of
competent jurisdiction.


Annual statement
31(1)   The Council must ensure that an audited financial statement on the
compensation fund containing the information required by the Minister is
prepared for each fiscal year of the Council.

(2)  The Council must submit an audited financial statement prepared in
accordance with subsection (1) to the Minister within 60 days after the end
of the fiscal year for which it is prepared.


     PART 3

     CONSIGNMENT SALES

Consignment agreements
32(1)   Section 55 of the Act applies to an agreement between an individual
and a business operator in which the operator agrees to sell on consignment
a motor vehicle of the individual.

(2)  Despite subsection (1), section 55 of the Act does not apply in
respect of a sale of a motor vehicle by public auction

     (a)  by an auction sales business that holds an auction sales
business licence under the Act, or

     (b)  that is referred to in section 120(1) of the Act.


Requirements
33(1)  A consignment agreement must be in writing and be signed by the
business operator and the consignor.

(2)  A consignment agreement must

     (a)  set out the name, business address and business phone number of
the business operator;

     (b)  set out the name, address and phone number of the consignor;

     (c)  set out a complete description of the motor vehicle being
consigned, including

               (i)  its vehicle identification number,

               (ii) the year, make, model number, colour, number of
doors and options of the vehicle,

               (iii)     the odometer reading of the vehicle, and

               (iv) the history of the vehicle within the consignor's
knowledge, setting out any accident, special uses of the vehicle, such as
police or taxi use, whether it was owned by a rental company and any other
information that a reasonable buyer would want to be aware of in
determining a price for the vehicle;

     (d)  describe the consignor's ownership interest in the motor
vehicle and, if the consignor has knowledge that the vehicle is subject to
one or more liens, list those liens;

     (e)  set out when the agreement ends and what happens to the motor
vehicle if it has not been sold when the agreement ends;

     (f)  set out the disbursements, fees and commissions that the
business operator may charge the consignor for services provided by the
operator;

     (g)  set out the minimum amount that the consignor will receive from
the business operator for the sale of the motor vehicle and whether the
consignor will accept another vehicle or other personal property as part of
the minimum amount;

     (h)  set out who is responsible for insuring the motor vehicle
during the term of the agreement;

     (i)  set out any repairs or other work on the motor vehicle that the
consignor authorizes the business operator to perform and who is
responsible for paying for the repairs or other work;

     (j)  contain the terms referred to in subsection (3).

(3)  The following terms are deemed to be contained in every consignment
agreement:

     (a)  the business operator agrees not to use the motor vehicle for
the operator's personal use without the written consent of the consignor;

     (b)  the business operator agrees to be the trustee of any money,
vehicles or other personal property that the operator receives as
consideration for the sale of the motor vehicle being consigned less an
amount for the operator's disbursements, fees and commission;

     (c)  the business operator agrees to provide to the consignor,
within 14 days of the date of sale of the motor vehicle, a copy of the bill
of sale that sets out the purchase price for which the motor vehicle was
sold if

               (i)  the remuneration of the business operator is based
solely on a percentage of the purchase price or a combination of a
percentage of the purchase price plus disbursements, or

               (ii) after the consignment agreement is signed, the
consignor agrees to receive less from the sale of the motor vehicle than
the amount originally agreed to in the consignment agreement.

(4)  A business operator who enters into a consignment agreement must give
a copy of the agreement to the consignor.

(5)  The provisions in a consignment agreement that deal with the matters
referred to in subsection (2)(a) to (i) may be amended with the consent of
the parties to the agreement.


     PART 4

     OFFENCES

Offences
34(1)  A contravention of section 9, 10, 11, 12, 13 or 33(4) is, for the
purposes of section 162 of the Act, an offence.

(2)  A contravention of section 16, 21 or 23 is, for the purposes of
section 162 of the Act, an offence.


     PART 5

     TRANSITIONAL PROVISIONS, REPEALS,
     EXPIRY AND COMING INTO FORCE

Continuation of licences
35(1)  A licence under the Automotive Business Licensing Regulation (AR
188/78) is continued as a general automotive business licence under this
Regulation.

(2)  A licence continued under subsection (1) expires on June 30, 2000.


Repeal
36   The Automotive Business Licensing Regulation (AR 188/78) is repealed.


Expiry
37   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 September 1, 2004.


Coming into force
38(1)  Subject to subsection (2) and section 3(6), this Regulation comes
into force on September 1, 1999.

(2)  Sections 16 to 23, 25 and 34(2) come into force on July 1, 2000.


     Alberta Regulation 193/99

     Fair Trading Act

     CREDIT AND PERSONAL REPORTS REGULATION

     Filed:  August 30, 1999

Made by the Minister of Government Services (M.O. C:003/99) pursuant to
sections 51 and 162(2) of the Fair Trading Act.


     Table of Contents

Definitions    1
Designated reporting agencies 2
Records   3
Prohibition    4
Offence   5
Expiry    6
Coming into force   7


Definitions
1   In this Regulation,

     (a)  "common law relationship" means a relationship between 2 people
of the opposite sex who although not legally married to each other

               (i)  continuously cohabited in a marriage-like
relationship for at least 3 years, or

               (ii) if there is a child of the relationship by birth or
adoption, cohabited in a marriage-like relationship of some permanence;

     (b)  "spouse" means

               (i)  a spouse of a married person, and

               (ii) a party to a common law relationship.


Designated reporting agencies
2   Each of the following reporting agencies is designated as a reporting
agency for the purposes of section 43(e) of the Act:

     (a)  Equifax Canada Inc.;

     (b)  Trans Union of Canada Inc.;

     (c)  The D & B Companies of Canada Ltd.;

     (d)  Experian Information Solutions Inc.;

     (e)  Credit Guard Corp.;

     (f)  Credit Information Services (PCS) Inc.;

     (g)  Sterling West Credit Corp.;

     (h)  CMS Associates Ltd.;

     (i)  Bruce Publication (1987) Ltd.;

     (j)  Gatemaster Inc.;

     (k)  Credifax of Canada Ltd.


Records
3   A reporting agency must retain in its possession all information in
respect of a file for at least 3 years from the date the information is
entered on the individual's file.


Prohibition
4   Notwithstanding section 45(3)(a) of the Act, the following personal
information may not be reported by a reporting agency or contained in its
files:

     (a)  information about an individual's health and health care
history, including information about a physical or mental disability;

     (b)  information about an individual's sexual orientation;

     (c)  information about a member of an individual's family, other
than the name and age of that individual's spouse.


Offence
5   Any person who contravenes section 3 or 4 is, for the purposes of
section 162 of the Act, guilty of an offence.


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 September 1, 2003.


Coming into force
7   This Regulation comes into force on September 1, 1999.


     Alberta Regulation 194/99

     Fair Trading Act

     COLLECTION PRACTICES REGULATION

     Filed:  August 30, 1999

Made by the Minister of Government Services (M.O. C:002/99) pursuant to
sections 1(2), 118. 139, 143 and 162(2) of the Fair Trading Act.


     Table of Contents

Interpretation 1
Exemption 2

     Licensing

Collection agency licences    3
Operating at more than one location     4
Term of licences    5
Fees 6
General Licensing and Security Regulation    7
Security  8
When collector no longer acts for agency     9
Name change    10
Change in business address    11

     Prohibited Practices

Acting for debtor   12
Advertising    13

     Trust Accounts

Extended meaning of supplier  14
Trust established   15
Trust account  16
Deposits into trust account   17
Withdrawals from trust account     18
Unable to locate missing creditors 19
Register of trust accounts    20

     Requirements for Receipts and Reports

Receipts  21
Reports to creditors     22
Reports to debtors  23

     Offences

Offences  24

     Transitional Provisions, Repeal,
     Expiry and Coming into Force

Continuation of licences 25
Special term and fees for licences 26
Repeal    27
Expiry    28
Coming into force   29


Interpretation
1(1)  In this Regulation, "Act" means the Fair Trading Act.

(2)  The definitions of "collection agency" and "collector" in section 109
of the Act apply to this Regulation. 


Exemption
2   The following provisions do not apply to a person who carries on the
business activity described in section 109(a)(v) of the Act and does not
carry on any of the business activities described in section 109(a)(i) to
(iv) of the Act:

     (a)  sections 113 to 117 of the Act;

     (b)  sections 12 and 14 to 23 of this Regulation.


     Licensing

Collection agency licences
3(1)  The following classes of collection agency licence are established:

     (a)  a licence that authorizes the collection agency to act for
creditors;

     (b)  a debt repayment agency licence.

(2)  No person may engage in the business of a collection agency described
in section 109(a)(i), (ii), (iv) or (v) of the Act unless the person holds
a collection agency licence that authorizes the collection agency to act
for creditors.

(3)  No person may engage in the business of a collection agency described
in section 109(a)(iii) of the Act unless the person holds a debt repayment
agency licence.

(4)  No person may hold at the same time

     (a)  a collection agency licence that authorizes the collection
agency to act for creditors, and

     (b)  a debt repayment agency licence.


Operating at more than one location
4   If a person engages in the business of a collection agency at more than
one location, the person must hold a separate collection agency licence for
each location.


Term of licences
5(1)  The term of a collection agency licence expires on the last day of
the 12th month after it is issued or renewed. 

(2)  The term of a collector's licence expires when the collection agency
licence of the business for which the collector acts expires.


Fees
6(1)  The fee to issue or renew a collection agency licence is $168.

(2)  The fee to issue or renew a collector's licence is $72.

(3)  The fee to issue an amended collection agency licence or collector's
licence is $40.


General Licensing and Security Regulation
7   The General Licensing and Security Regulation applies to collection
agencies and collectors.


Security
8(1)  No licence that authorizes the collection agency to act for creditors
may be issued or renewed unless the applicant submits to the Director a
security that is in a form and in an amount approved by the Director.

(2)  The Director may, if the Director considers it appropriate, increase
the amount of the security that is to be provided by a licensee before the
term of the licence expires.


When collector no longer acts for agency
9   When a collection agency ceases to employ a collector or authorize a
collector to act on its behalf, the agency must send to the Director
written notification of 

     (a)  the name of the collector, and

     (b)  the date that the collector ceases to be employed by or
authorized to act on behalf of the agency.


Name change
10(1)  When the name of a collection agency changes, the collection agency
must

     (a)  immediately notify the Director in writing of the new name, and

     (b)  return its licence to the Director and ensure that all of the
licences of its collectors are returned to the Director.

(2)  When the Director is notified of a name change by a collection agency
and receives the fees for issuing amended licences, the Director must issue
amended licences for the collection agency and its collectors that show the
new name.

(3)  When the name of a collector changes, the collector must

     (a)  immediately notify the Director in writing of the new name, and

     (b)  return the collector's licence to the Director.

(4)  When the Director is notified of a name change by a collector and
receives the fee for issuing an amended licence, the Director must issue an
amended licence to the collector that shows the new name.


Change in business address
11(1)  When the business address of a collection agency changes, the
collection agency must return its licence to the Director and ensure that
all of the licences of its collectors are returned to the Director.

(2)  When the Director is notified of a change of business address by a
collection agency pursuant to section 134(1) of the Act and receives the
fees for issuing amended licences, the Director must issue amended licences
for the collection agency and its collectors that show the new business
address.


     Prohibited Practices

Acting for debtor
12(1)  No collection agency that carries on the business activity described
in section 109(a)(iii) of the Act for a debtor may collect or retain from
the debtor a fee, commission or disbursement for its services unless before
providing the service it has

     (a)  entered into a written agreement signed by the collection
agency and the debtor to provide the service, or it has obtained written
authorization signed by the debtor to provide the service, and

     (b)  delivered a copy of the agreement or authorization under clause
(a) to the debtor.

(2)  No collection agency that carries on the business activity described
in section 109(a)(iii) of the Act for a debtor may charge the debtor a fee
or commission that exceeds 

     (a)  a one-time administration fee of $100, and 

     (b)  15% of the gross amount received from or on behalf of the
debtor by the collection agency. 


Advertising
13   No collection agency may produce, distribute or publish any false,
misleading or deceptive statements in any written, oral or visual
advertisement, circular, program or other advertising medium. 


     Trust Accounts

Extended meaning of supplier
14   For the purposes of section 143(a) of the Act, supplier includes a
collection agency.


Trust established
15   A collection agency is the trustee of any money collected or received
from a debtor for distribution to the debtor's creditors.


Trust account
16(1)  Unless subsection (2) applies, a collection agency must deposit all
of the money collected or received from a debtor, without making any
deduction, within 3 days of collecting or receiving the money into a trust
account maintained in a bank, loan corporation, trust corporation, credit
union or treasury branch in Alberta.

(2)  The Director may 

     (a)  authorize a collection agency to maintain its trust account in
a class of financial institution approved by the Director that is located
outside Alberta, and 

     (b)  may prescribe the time when the money referred to in subsection
(1) is to be deposited into the trust account.


Deposits into trust account
17   No collection agency may deposit any money into the trust account it
maintains under section 16 except for money collected or received from a
debtor.


Withdrawals from trust account
18(1)  No collection agency may withdraw money from a trust account it
maintains under section 16 except for the purpose of 

     (a)  paying a creditor money received on behalf of that creditor,

     (b)  paying the collection agency the fees, commissions and
disbursements to which it is entitled,

     (c)  correcting an error caused by money being deposited in the
trust account by mistake, or 

     (d)  making a payment under section 19.

(2)  A collection agency that pays creditors from money withdrawn from its
trust account must do so by means of consecutively numbered cheques and
must provide the creditor with a statement containing 

     (a)  the date or dates on which the money was collected or received
by the collection agency, 

     (b)  the name of the debtor, 

     (c)  the gross amount collected,

     (d)  the amount of the fees, commissions and disbursements retained
by the collection agency,

     (e)  the net amount payable to the creditor, and 

     (f)  the current balance owing by the debtor. 

(3)  Subject to section 19, a collection agency must

     (a)  provide each creditor for which it acts with the statement
referred to in subsection (2), and

     (b)  remit the money it has collected on behalf of a creditor, less
its fees, commissions and disbursements, to the creditor

on or before the 20th day of the month following the month in which the
money was collected or received.


Unable to locate missing creditors
19(1)  If a collection agency is unable to locate a creditor who is
entitled to money within 6 months after the money has been collected or
received, the collection agency must pay the money, less its fees,
commissions and disbursements, to the Provincial Treasurer in trust.

(2)  The Provincial Treasurer may, on receiving an application and any
information the Provincial Treasurer requires, pay the money received under
subsection (1) to the person entitled to it. 

(3)  If the Provincial Treasurer does not receive an application for money
paid under subsection (1) by a person entitled to it within 5 years from
the time that the money is paid to the Provincial Treasurer, the money must
be paid into the General Revenue Fund and all claims to the money by the
person entitled to it are extinguished.


Register of trust accounts
20   Every collection agency and person who used to engage in the business
of a collection agency must

     (a)  establish a register for the trust accounts it maintains that
sets out all money collected or received from a debtor and all amounts paid
out,

     (b)  maintain the register in Alberta, and

     (c)  maintain the portion of the register in respect of a debtor for
at least 3 years after the last entry respecting that debtor is made.


     Requirements for Receipts and Reports

Receipts
21   The receipts referred to in section 113 of the Act must be
consecutively numbered and contain 

     (a)  the date the amount is collected or received,

     (b)  the name of the debtor,

     (c)  the name of the person for whom the collection agency acts, and 

     (d)  the gross amount received in respect of that account.


Reports to creditors
22(1)  For the purposes of section 116(1)(g) of the Act, a written report
that is provided to a creditor by a collection agency that holds a licence
that authorizes the collection agency to act for creditors must contain the
following information:

     (a)  the gross amount received by the collection agency from the
debtors of the creditor during the period covered by the report; 

     (b)  the fees, commissions and disbursements that the agency has
deducted;

     (c)  a description of the activities undertaken by the collection
agency to collect the debts owing to the creditor during the period covered
by the report.

(2)  A collection agency that holds a licence that authorizes the
collection agency to act for creditors must provide, without charge, the
written report referred to in subsection (1) to the creditor for which the
agency acts within 10 days of receiving a written request for the report so
long as the written request 

     (a)  is not made during the first 90 days that the agency is acting
for the creditor, or

     (b)  is not made more than once during each subsequent 60-day period
that the agency is acting for the creditor.

(3)  Despite subsection (2), if a collection agency and the creditor that
the agency is acting for enter into an agreement in which the agency agrees
to provide the reports referred to in subsection (1) more frequently than
every 60 days, the agency may charge a fee for the reports as determined
under the agreement. 


Reports to debtors
23(1)  For the purposes of section 116(1)(g) of the Act, a written report 
that is provided to a debtor by a collection agency that holds a debt
repayment agency licence must contain the following information: 

     (a)  the gross amount received by the collection agency from or on
behalf of the debtor;

     (b)  the amount and date of payments made on behalf of the debtor
and to whom they were made;

     (c)  any fee, commission or disbursement retained by the collection
agency.

(2)  A collection agency that holds a debt repayment agency licence must
provide, without charge, the written report referred to in subsection (1)
to the debtor for which the agency acts every 30 days that the agency is
acting for the debtor.


     Offences

Offences
24   A contravention of section 3(2), (3) or (4), 4, 9, 10(1) or (3),
11(1), 12, 13, 16(1), 17, 18, 19(1), 20, 22(2) or 23(2) is, for the
purposes of section 162 of the Act, an offence.


     Transitional Provisions, Repeal,
     Expiry and Coming into Force

Continuation of licences
25(1)  A collection agency licence under the Collection Practices Act of a
class described in section 6(a) of the Collection Practices Regulation (AR
77/79) is continued as a debt repayment agency  licence and expires on
December 31, 1999.

(2)  A collection agency licence under the Collection Practices Act of a
class described in section 6(b) of the Collection Practices Regulation (AR
77/79) is continued as a collection agency licence that authorizes the
collection agency to act for creditors and expires on December 31, 1999.

(3)  A collector's licence under the Collection Practices Act is continued
as a collector's licence under Part 13 of the Fair Trading Act and expires
on December 31, 1999. 


Special term and fees for licences
26(1)  Despite sections 5 and 6, the term and fee for the renewal of a
continued collection agency licence is set out in Table 1.

     Table 1

Month in which
fiscal year of      Date of expiry of
business ends  renewed licences    Fee 

January   January 31, 2001    $182
February  February 28, 2001   $196
March     March 31, 2001 $210
April     April 30, 2000 $  56
May  May 31, 2000   $  70
June June 30, 2000  $  84
July July 31, 2000  $  98
August    August 31, 2000     $112
September September 30, 2000  $126
October   October 31, 2000    $140
November  November 30, 2000   $154
December  December 31, 2000   $168

(2)  Despite sections 5 and 6, the fee for the renewal of a continued
collector's licence is set out in Table 2.

     Table 2

Date of expiry
of licence          Fee
(being date of expiry of collection
agency licence of business for
which the collector acts)

January 31, 2001    $ 78
February 28, 2001   $ 84
March 31, 2001 $ 90
April 30, 2000 $ 24
May 31, 2000   $ 30
June 30, 2000  $ 36
July 31, 2000  $ 42
August 31, 2000     $ 48
September 30, 2000  $ 54
October 31, 2000    $ 60
November 30, 2000   $ 66
December 31, 2000   $ 72


Repeal
27   The Collection Practices Regulation (AR 77/79) is repealed.


Expiry
28   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 September 1, 2004.


Coming into force
29   This Regulation comes into force on September 1, 1999.


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

     Alberta Regulation 195/99

     Fair Trading Act

     APPEAL BOARD REGULATION

     Filed:  August 30, 1999

Made by the Minister of Government Services (M.O. C:014/99) pursuant to
section 183 of the Fair Trading Act.


     Table of Contents

Definitions    1
Formation of appeal boards    2
Jurisdiction of appeal boards 3
Notice of appeal    4
Director as party   5
Notice of hearing   6
Adjournments   7
Right to attend hearing  8
Representation by lawyer 9
Hearing open to public   10
Rules of Court 11
Absence of party    12
Appeal without hearing   13
Evidence  14
Decision of appeal board 15
Publication    16
Expiry    17
Coming into force   18


Definitions
1   In this Regulation,

     (a)  "Act" means the Fair Trading Act;

     (b)  "appeal" means an appeal referred to in section 179(1) of the
Act;

     (c)  "appeal board" means an appeal board referred to in section
179(2) of the Act.


Formation of appeal boards
2(1)  The Minister is responsible for appointing members to an appeal
board.

(2)  An appeal board is composed of 3 to 5 members.

(3)  Each appeal board must have a chair designated by the Minister.

(4)  The chair may not be

     (a)  the Director,

     (b)  an employee of the Department of the Government in which the
Director is employed, or

     (c)  a licensee.

(5)  This section does not apply to an appeal board designated under
section 179(4) of the Act.


Jurisdiction of appeal boards
3   When the Minister appoints members to an appeal board or designates an
appeal board under section 179(4) of the Act, the Minister must specify the
appeal or appeals for which the appeal board is responsible.


Notice of appeal
4   A notice of appeal referred to in section 179 of the Act must be in
writing and set out

     (a)  the appellant's name,

     (b)  the appellant's address for service,

     (c)  the decision or order being appealed, and

     (d)  a brief description of the grounds for the appeal.


Director as party
5   The Director is a party to every appeal.


Notice of hearing
6   Unless section 13 applies, the appeal board responsible for hearing an
appeal must send a notice of the time and place of the hearing of the
appeal to the appellant's address for service and to the Director.


Adjournments
7   An appeal board may grant an adjournment of a hearing for any period
and on any terms it considers appropriate if the appeal board is satisfied
that

     (a)  there are compelling reasons for granting the adjournment, or

     (b)  not granting the adjournment would amount to a denial of
fairness to one or more of the parties to the appeal.


Right to attend hearing
8   The parties to an appeal have a right to attend all hearings held in
respect of the appeal.


Representa-tion by lawyer
9   A person appearing before an appeal board may be represented by a
lawyer.


Hearing open to public
10   A hearing before an appeal board is open to the public unless the
chair of the appeal board considers it to be in the public interest to
direct that the hearing be closed to the public.


Rules of Court
11   The provisions of the Alberta Rules of Court relating to the payment
of conduct money and witness fees apply to appeals.


Absence of party
12   If a party to an appeal fails to appear in person or by lawyer or
other agent within one hour from the time set out in the notice given under
section 6, the appeal may be dismissed or the hearing conducted and
determined in that person's absence as the appeal board considers proper in
the circumstances.


Appeal without hearing
13(1)  With the consent of the parties to an appeal, the consideration of
the appeal may be conducted without a hearing.

(2)  Where an appeal is conducted under subsection (1) without a hearing,
all matters concerning the appeal must be submitted in writing, or as
otherwise directed by the appeal board, to the appeal board not more than
30 days after the parties provide their consent under subsection (1).


Evidence
14(1)  An appeal board is not bound by the rules of evidence in judicial
proceedings.

(2)  Evidence may be given before an appeal board in any manner that the
appeal board considers appropriate.


Decision of appeal board
15(1)  An appeal board must give its decision on an appeal not more than 45
days after the conclusion of the hearing or, if there is no hearing under
section 13(1), not more than 30 days after the parties have made their
submissions to the appeal board under section 13(2).

(2)  The time periods in subsection (1) are subject to any time period set
by the Minister under section 179(5) of the Act.

(3)  The decision of an appeal board must be in writing and include
reasons.

(4)  After an appeal board gives a decision, the appeal board must promptly
provide a copy of the decision with reasons to the parties to the appeal.


Publication
16   The Director may publish the decision of an appeal board in any manner
that the Director considers appropriate.


Expiry
17   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 September 1, 2002.


Coming into force
18   This Regulation comes into force on September 1, 1999.


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

     Alberta Regulation 196/99

     Fair Trading Act

     PUBLIC AUCTIONS REGULATION

     Filed:  August 30, 1999

Made by the Minister of Government Services (M.O. C:011/99) pursuant to
section 124, 139, 143 and 162(2) of the Fair Trading Act.


     Table of Contents

Interpretation 1

     Licensing of Auction Sales Businesses

Term 2
Fee  3
General Licensing and Security Regulation    4
Security  5

     Qualifications of Auctioneers

Qualifications 6

     Liens on Goods

Statutory declaration    7

          Standards of Conduct

Responsibilities of business  8
Bidding by employees of business   9
Bidding by consignor     10
Reserve bids   11
Completion of sale  12
Attendance by public     13

     Trust Accounts

Extended meaning of supplier  14
Trust established   15
Trust account  16
Withdrawal from trust account 17
Statement to consignor and lienholder   18

     Records

Duty to keep records     19
Duty to produce declaration   20
Trust records  21

     Offences

Offences  22

     Transitional Provisions, Repeal,
     Expiry and Coming into Force

Transitional   23
Repeal    24
Expiry    25
Coming into force   26


Interpretation
1(1)  In this Regulation,

     (a)  "Act" means the Fair Trading Act;

     (b)  "licence" means an auction sales business licence;

     (c)  "lien", in respect of goods to be sold at a public auction,
means any lien, mortgage, charge or encumbrance to which the goods are
subject.

(2)  The definitions of auction sales business, auctioneer and sale by
public auction in section 119 of the Act apply to this Regulation.

(3)  The definition of goods in section 1(1)(e) of the Act does not apply
to this Regulation.


     Licensing of Auction Sales Businesses

Term
2   The term of a licence ends on the last day of the 60th month after it
is issued or renewed.


Fee
3   The fee for a licence or to renew a licence is $300.


General Licensing and Security Regulation
4   The General Licensing and Security Regulation applies to auction sales
businesses.


Security
5(1)   No licence may be issued or renewed unless the applicant submits to
the Director a security that is in a form and in an amount approved by the
Director.

(2)  The Director may, if the Director considers it appropriate, increase
the amount of the security that is to be provided by a licensee before the
term of the licence expires.


     Qualifications of Auctioneers

Qualifications
6(1)  An individual is qualified to conduct the bidding at a sale by public
auction if 

     (a)  the individual 

               (i)  is 18 years of age or older, 

               (ii) is a Canadian citizen, has been a resident of
Canada for at least 3 consecutive months immediately prior to the date of
the sale or is a non-resident who is legally admitted to Canada under the
Immigration Act (Canada), and

               (iii)     has successfully completed an auction course
recognized by the Director, or has been an auctioneer in another
jurisdiction for at least one year immediately prior to the date of the
sale, 

          or

     (b)  the individual is a full member in good standing of the
Auctioneers Association of Alberta.

(2)  No individual may conduct the bidding at a sale by public auction
unless the individual meets the qualifications set out in subsection (1).

(3)  Subsection (2) does not apply to a sale by public auction referred to
in section 120(1)(e) of the Act.


     Liens on Goods

Statutory declaration
7(1)  In this section, "goods" means one item.

(2)  No auction sales business may sell by public auction goods that have a
market value exceeding $1000 unless, before the sale is held, the business
obtains from the consignor of the goods a statutory declaration made by a
person referred to in subsection (3) that sets out

     (a)  the name of the owner of the goods or, if the goods are subject
to a lien, the person entitled to possession of the goods, and

     (b)  if the person making the declaration has knowledge that the
goods are subject to one or more liens, the names of the lienholders and
the amounts payable under the liens.

(3)  The statutory declaration must be made

     (a)  by the owner of the goods,

     (b)  if the goods are subject to a lien, by the person entitled to
possession of the goods, or

     (c)  by an agent of the person referred to in clause (a) or (b), in
which case the agent must have knowledge of the facts.

(4)  The duty to obtain the statutory declaration under subsection (2) does
not apply when the consignor of the goods is the Crown.

(5)  Compliance with this section by an auction sales business does not
affect the liability of that business with respect to unpaid liens on goods
it sells by public auction.


     Standards of Conduct

Respon-sibilities of business
8   Every auction sales business

     (a)  must render the best possible service to its consignors and all
persons in attendance at a sale by public auction,

     (b)  must render its services for reasonable fees and commissions
that generally prevail in the auction sales business,

     (c)  is solely responsible for all money received or payable on
account at any sale by public auction that it holds, and

     (d)  is solely responsible for the acts of its employees and agents 

               (i)  in the conduct of any sale by public auction that
it holds, 

               (ii) in the recording of the proceeds of any sale by
public auction that it holds, and

               (iii)     in the accounting for money received and payable
for all goods sold at any sale by public auction that it holds.


Bidding by employees of business
9(1)  No employee or agent of an auction sales business may bid on goods at
a sale by public auction that is held by the business if the person has no
intention of buying the goods.

(2)  Subsection (1) does not apply to an employee or agent of an auction
sales business who makes a bid on behalf of a bidder who is not present at
a sale by public auction that is held by the business.

(3)  No auction sales business may permit an employee or agent to
contravene subsection (1).


Bidding by consignor
10(1)  In this section, "agent of the consignor" does not include an
auction sales business, or an employee or agent of the business, that is
holding a sale by public auction of a consignor's goods.

(2)  No auctioneer who is conducting the bidding at a sale by public
auction may accept a bid on goods from a consignor of the goods or an agent
of the consignor if the auctioneer knows or should know that the bidder is
the consignor or the agent of the consignor. 

(3)  Every auction sales business must ensure that its auctioneers comply
with this section.


Reserve bids
11(1)  No auction sales business may advertise that a sale of goods by
public auction it is holding is unreserved if there will be any goods
subject to a reserve bid at the sale.

(2)  If some or all of the goods to be sold at the sale by public auction
are subject to a reserve bid, the auction sales business holding the sale
must

     (a)  ensure that the auctioneer indicates immediately before the
start of the auction that some or all, as the case may be, of the goods to
be sold are subject to a reserve bid, and

     (b)  ensure that any written material available to bidders at the
auction that describes the goods to be sold indicates that some or all, as
the case may be, of the goods are subject to a reserve bid.


Completion of sale
12   An auction sales business must ensure that an auctioneer conducting
the bidding on its behalf at a sale by public auction held by it states at
the start of the auction, and at the recommencement of it if it is
adjourned, that

     (a)  the sale of each item is complete when the auctioneer announces
its completion by the fall of the hammer or by any other customary manner,
and

     (b)  until that announcement is made, any bidder who has made a bid
may retract the bid.


Attendance by public
13(1)  An auction sales business that holds a sale by public auction must
ensure that the sale is open to all members of the public who want to
attend for the purpose of bidding at the sale. 

(2)  Subsection (1) does not prevent an auction sales business from
excluding a person if there are reasonable grounds to believe that the
person

     (a)  will likely disrupt the conduct of the auction, or

     (b)  will be unable to pay for the items on which the person bids.


     Trust Accounts

Extended meaning of supplier
14   For the purposes of section 143(a) of the Act, "supplier" includes an
auction sales business.


Trust established
15(1)  An auction sales business is the trustee of any money received from
the sale of goods by public auction that it holds, and the business holds
the money in trust to be paid out in accordance with this Regulation.

(2)  The auction sales business must deposit all of the money received from
the sale of goods, without making any deduction, into a trust account
described in section 16

     (a)  with respect to money received during the sale by public
auction, within 3 days after the end of the sale, and

     (b)  with respect to money received after the end of the sale by
public auction, within 3 days of receiving the money.


Trust account
16(1)  An auction sales business must maintain a trust account for the
deposit of money received from the sale of goods sold by public auctions
that it holds.

(2)  An auction sales business must maintain the trust account in a bank,
loan corporation, trust corporation, credit union or treasury branch in
Alberta.

(3)  No auction sales business may deposit any money into a trust account
under subsection (1) except for money received from the sale of goods by
public auctions that it holds.


Withdrawal from trust account
17(1)  An auction sales business that has deposited into a trust account
money received on the sale of goods by public auction must, within 21 days
after the sale,

     (a)  if the business has knowledge that the goods are subject to a
lien,

               (i)  issue a cheque from the trust account for the
amount owing under such lien payable to the consignor and the lienholder
and take reasonable steps to ensure that the lienholder receives the amount
owing, and

               (ii) issue a cheque from the trust account payable to
the consignor for the consignor's share of the purchase price, being the
purchase price less the amount payable to the lienholders, applicable taxes
and the auction sales business's fees and commissions, 

     and

     (b)  in any other case, issue a cheque from the trust account
payable to the consignor for the consignor's share of the purchase price,
being the purchase price less applicable taxes and the auction sales
business's fees and commissions.

(2)  If there is a dispute respecting the ownership of goods sold by public
auction, the auction sales business may pay from the trust account the
proceeds of the sale less applicable taxes and the business's fees and
commissions to the Court of Queen's Bench and the Court may determine who
is entitled to the proceeds.

(3)  No auction sales business may withdraw money from a trust account to
cover its fees or commissions in respect of a sale of  goods unless the
business has issued the cheques referred to in subsection (1) or paid the
proceeds to the Court of Queen's Bench under subsection (2).


Statement to consignor and lienholder
18   An auction sales business must, within 21 days after the date of a
sale of goods by public auction, provide the consignor of the goods and, if
the business has knowledge that the goods are subject to a lien, provide
the lienholder with a statement setting out the amount received for each of
the goods.


     Records

Duty to keep records 
19   In addition to the requirements respecting records under section
132(1) of the Act and section 8 of the General Licensing and Security
Regulation, every licensee and former licensee must maintain the following
records and documents for at least 3 years after the day on which the goods
to which the record or document relates were sold:

     (a)  statutory declarations provided to it under section 7;

     (b)  records of every sale by public auction held by it.


Duty to produce declaration
20   An auction sales business must produce a statutory declaration
provided to it under section 7 to a person having an interest in the goods
to which the declaration relates.


Trust records
21(1)  Every licensee and former licensee must keep in Alberta  trust
records of money received at a sale by public auction held by it and that
include the information referred to in subsection (2) and must retain those
records for a period of at least 3 years following the date on which the
sale was held, whether or not the auction sales business ceases to carry on
business within that 3-year period.

(2)  The trust records referred to in subsection (1) must include

     (a)  the municipal address or legal description of the location
where the sale was held,

     (b)  the date on which the sale was held,

     (c)  the name and address of each person on whose behalf the sale
was held,

     (d)  a description of the goods sold sufficient to identify each of
the goods, and the name and address of each person on whose behalf the
goods were sold,

     (e)  the name and address of the purchaser or the bid number of the
purchaser of each of the goods sold for a consideration of $500 or more,

     (f)  the consideration paid for each of the goods sold,

     (g)  the fee or commission payable to the auction sales business for
each of the goods sold,

     (h)  the amount of the taxes paid in respect of each of the goods
sold, and

     (i)  the amount to be disbursed in respect of each of the goods to
each person on whose behalf the sale was held and to each person having an
interest in or lien on the goods sold.

(3)  An auction sales business that refers to the bid numbers of registered
bidders in its trust records must maintain a record that sets out 

     (a)  the name, address and bid number of each registered bidder, and

     (b)  the lot number or other description of each of the goods sold
and the bid number of the registered bidder who purchased the goods.


     Offences

Offences
22   A contravention of section 6(2), 7, 8, 9, 10(2) or (3), 11, 12, 13(1),
15(2), 16, 17(1) or (3), 18, 19, 20 or 21 is, for the purposes of section
162 of the Act, an offence.


     Transitional Provisions, Repeal,
     Expiry and Coming into Force

Transitional
23   A licence under the Public Auctions Act is continued as an auction
sales business licence under Part 12 of the Fair Trading Act.


Repeal
24   The Auction Sales Business Licensing Regulation (AR 210/82) is
repealed.


Expiry
25   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 September 1, 2004.


Coming into force
26   This Regulation comes into force on September 1, 1999.


     Alberta Regulation 197/99

     Fair Trading Act

     RETAIL HOME SALES BUSINESS LICENSING REGULATION

     Filed:  August 30, 1999

Made by the Minister of Government Services (M.O. C:012/99) pursuant to
sections 105, 139 and 162(2) of the Fair Trading Act.


     Table of Contents

Definitions    1
Licence   2
Complying with laws 3
Term 4
Fee  5
General Licensing and Security Regulation    6
Security  7
Retail home sales contracts   8
Deposit   9
Offences  10
Continuation of licences 11
Repeals   12
Expiry    13
Coming into force   14


Definitions
1   In this Part,

     (a)  "Act" means the Fair Trading Act;

     (b)  "licence" means a retail home sales business licence
established by this Regulation;

     (c)  "manufactured home" means a home that is constructed

               (i)  as an individual pre-assembled unit intended for
delivery to a residential site, or

               (ii) from a number of pre-assembled units that are
intended for delivery to and assembly at a residential site;

     (d)  "mobile home" means a portable dwelling that

               (i)  is designed to be used as a residence,

               (ii) is mounted on or otherwise attached to its own
chassis and running gear, and

               (iii)     is capable of being transported on its own chassis
and running gear by towing or other means;

     (e)  "package home" means a home consisting of materials that are
pre-cut or partially pre-assembled and that are intended for assembly,
erection or construction into a home at a residential site;

     (f)  "retail home sales business" means the business designated as
the retail home sales business under the Designation of Trades and
Businesses Regulation;

     (g)  "retail home sales contract" means a contract for the sale of a
manufactured home, mobile home or package home entered into by a person
engaged in a retail home sales business.


Licence
2(1)  The class of licence to be known as the retail home sales business
licence is established.

(2)  A person who holds a retail home sales business licence is authorized
to engage in the retail home sales business.


Complying with laws
3   The Director may refuse to issue or renew a licence if the applicant is
unable to satisfy the Director that the applicant is complying with the
laws, including municipal bylaws, that apply to the operation of the retail
home sales business.


Term
4   The term of a licence expires on the last day of the 24th month after
it is issued or renewed.


Fee
5   The fee for a licence is $120.


General Licensing and Security Regulation
6   The General Licensing and Security Regulation applies to the retail
home sales business.


Security
7(1)  No licence may be issued or renewed unless the applicant submits to
the Director a security that is in a form and in an amount approved by the
Director. 

(2)  The Director may, if the Director considers it appropriate, increase
the amount of the security that is to be provided by a licensee before the
term of the licence expires.


Retail home sales contracts
8(1)  Every person who is engaged in the retail home sales business must
ensure that its retail home sales contracts are in writing and set out

     (a)  the date on which the contract was entered into,

     (b)  the name and address of the seller and the buyer,

     (c)  the total amount payable by the buyer and the conditions of
payment,

     (d)  a detailed description of the home, materials, appliances or
fixtures to be supplied, 

     (e)  if the buyer is required to provide a deposit, the amount of
the deposit and the terms respecting what it is to be used for and the
circumstances in which it is to be returned to the buyer,

     (f)  the delivery date,

     (g)  the completion date, if applicable,

     (h)  the year of manufacture of the home,

     (i)  the name of the home's manufacturer, and

     (j)  the home's serial number and its CSA label number. 

(2)  Despite subsection (1), every person who is engaged in the retail home
sales business must ensure that, if one of its retail home sales contracts
is a direct sales contract under Part 3 of the Act, the retail home sales
contract 

     (a)  complies with the requirements of section 35 of the Act, and

     (b)  sets out the information referred to in subsection (1)(d), (e)
and (g) to (j).

(3)  A person who is engaged in the retail home sales business and who
enters into a retail home sales contract with a buyer must provide a copy
of the signed contract to the buyer

     (a)  on or before the date that the work under the contract begins,
or 

     (b)  within 10 days after the buyer signs the contract, 

whichever occurs first.


Deposit
9   The deposit paid to a licensee under a retail home sales contract is
the property of the person who paid it or on whose behalf it was paid and
the licensee must not use it as collateral or appropriate or convert it
except in accordance with the terms of the contract.


Offences
10   A contravention of section 8 or 9 is, for the purposes of section 162
of the Act, an offence.


Continuation of licences
11   A licence under the Retail Home Sales Business Licensing Regulation
(AR 189/82) is continued as a licence under this Regulation.


Repeals
12   The following regulations are repealed:

     (a)  Retail Home Sales Business Licensing Regulation (AR 189/82);

     (b)  Sale of New Mobile Homes Regulation (AR 104/92).


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 September 1, 2004.


Coming into force
14   This Regulation comes into force on September 1, 1999.


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

     Alberta Regulation 198/99

     Fair Trading Act

     COST OF CREDIT DISCLOSURE REGULATION

     Filed:  August 30, 1999

Made by the Minister of Government Services (M.O. C:015/99) pursuant to
section 101(1) of the Fair Trading Act.


     Table of Contents

Interpretation 1
Exemptions from Act 2

     Part 1
     Disclosure Information
     General

Estimates and assumptions     3
Advertisements 4
Waiver    5

     Fixed Credit

Advertisements 6
Advertising interest-free periods  7
Initial disclosure statement for fixed credit     8
Changes in interest rate 9
Disclosure where mortgage loan renewed  10
Renewal of non-mortgage loan  11

     Open Credit

Advertising for open credit   12
Contents of initial disclosure statement     13
Contents of statement of account   14
Application for credit card   15
Section 89(3)  16

     Part 1.1
     Time Sales, Deferred Payment Plans,
     Loan Agreements and Leases

Interpretation 16.1
Credit cards   16.2
Time sales     16.3
Loan agreements     16.4
Disclosure for loan payments on demand  16.5
Continuous deferred payment plan   16.6
Leases    16.7

     Part 2
     Leases

Definitions    17
Advertisements 18
Disclosure statement for lease     19
Maximum liability   20

     Part 3
     Calculations

Value re s59(3) of Act   21
Calculation of APR  22
APR for certain credit agreements  23
APR for other credit agreements    24
Rebates   25
APR and implicit finance charge for leases   26
Assumptions and tolerance     27
Calculation of prepayment refund or credit   28
Maximum liability under residual obligation lease 29

     Part 4
     Transitional Provisions, Repeals and Expiry

Transitional   30
Repeal    31
Expiry    32

Schedule


Interpretation
1(1)  For the purposes of Part 9 of the Act and this Regulation, 2 persons
are associates of each other if

     (a)  one of them is the spouse, child, sibling or business partner
of the other, or

     (b)  one of them is a corporation and a sufficient number of shares
to elect a majority of its directors is owned by

               (i)  the other person,

               (ii) one or more associates of the other person, or

               (iii)     the other person and one or more associates of the
other person.

(2)  For the purposes of Part 9 of the Act and this Regulation, an index
rate is a rate that is made public at least weekly in a publication that
has general circulation in the Province.

(3)  For the purposes of Part 9 of the Act and this Regulation,

     (a)  "high ratio mortgage" means a mortgage loan under which the
amount advanced, together with the amount outstanding under any other
mortgage that ranks equally with or prior to the mortgage loan, exceeds 75%
of the market value of the relevant real property;

     (b)  "mortgage loan" means a loan of money secured by a charge
against real property.

(4)  For the purposes of section 69 of the Act, reasonable charges in
respect of legal costs include solicitor and client costs.


Exemptions from Act
2(1)  Part 9 of the Act does not apply to the following:

     (a)  a sale of a service by a public utility as defined in the
Public Utilities Board Act;

     (b)  a loan made by a life insurance company under a life insurance
policy to the insured or his assignee solely on the security of the cash
surrender value of the policy;

     (c)  a loan made under the Student Loan Act, the Students Finance
Act, the Canada Student Financial Assistance Act (Canada) or the Canada
Student Loans Act (Canada);

     (d)  the payment of taxes under the Municipal Government Act or the
Metis Settlements Act;

     (e)  overdraft protection on a deposit account.

(2)  Section 71 of the Act does not apply to mortgage loans.

     PART 1

     DISCLOSURE INFORMATION

     General

Estimates and assumptions
3   Where a disclosure is required by Part 9 of the Act or this Regulation,
the credit grantor may base the disclosure on an estimate or assumption
where

     (a)  the disclosure depends on information that is not ascertainable
by the credit grantor at the time of disclosure, and

     (b)  the estimate or assumption is reasonable and is clearly
identified as an estimate or assumption.


Advertise-ments
4   Where an advertisement contains information that under section 6, 7(2),
12(1) or 18 requires disclosure of the APR or other information in the
advertisement,

     (a)  the APR must be as prominent, in relation to looking at it,
listening to it, or both, as the case may be, as any of the information
that required the APR to be disclosed, and

     (b)  any other information required to be disclosed must be
conspicuous.


Waiver
5(1)  A borrower may waive the time period for delivery of a disclosure
statement referred to in section 64(2) of the Act if

     (a)  the borrower has received independent advice regarding the
legal effect of the waiver and a statement to that effect, signed by the
lawyer providing the advice, is attached to the waiver,

     (b)  the mortgage loan to which the waiver relates provides the
borrower with prepayment rights that are as favourable to the borrower as
those provided by section 68 of the Act for credit agreements that are not
mortgage loans, or

     (c)  any obligation to which section 64(2)(a) of the Act applies
will be extinguished and any payment to which section 64(2)(b) of the Act
applies will be refunded to the borrower by the credit grantor if the
borrower notifies the credit grantor within 2 days after receiving the
disclosure statement that the borrower intends to withdraw from or does not
intend to enter into the credit agreement.

(2)  A waiver under this section is effective only if

     (a)  it is in writing and signed by the borrower, and

     (b)  in the case of a waiver under subsection (1)(c), the waiver
document clearly and prominently discloses the borrower's rights referred
to in subsection (1)(c).

(3)   Where a borrower has waived the time period referred to in section
64(2) of the Act, the credit grantor must deliver the disclosure statement
at the time of or before the earlier of the events described in section
64(2)(a) and (b) of the Act.

(4)   Any charge that is prescribed as value received by the borrower for
the purposes  of section 59(3) of the Act is also prescribed for the
purposes of section 64(2)(a) and (b) of the Act.

(5)  In subsection (1)(a), "independent advice" means advice given by a
person who is independent of the credit grantor.


     Fixed Credit

Advertise-ments
6(1)  This section applies only to advertisements that offer credit and
state the interest rate or amount of any payment.

(2) The information required to be disclosed for the purposes of section
76(1) of the Act is

     (a)  the APR, and

     (b)  the term.

(3)  In addition to the information required under subsection (2),

     (a)  an advertisement for a credit sale of a specifically identified
product must disclose the cash price, and

     (b)  an advertisement for a credit sale in connection with which any
non-interest finance charge would be payable must disclose

               (i)  the cash price, and

               (ii) the total cost of credit,

          except that an advertisement on radio, television or a
billboard or other media with similar time or space limitations is not
required to disclose the total cost of credit. 

(4)  Where any of the information required to be disclosed by subsections
(2) and (3) would not be the same for all credit agreements to which the
advertisement relates, the information must be for a representative
transaction and must be disclosed as such.


Advertising interest-free periods
7(1)  The information required to be disclosed for the purposes of section
76(2) of the Act must disclose whether

     (a)  the transaction is unconditionally interest-free during the
period, or

     (b)  interest accrues during the period but will be forgiven under
certain conditions.

(2)  If interest accrues during the period but will be forgiven under
certain conditions, the advertisement must also disclose

     (a)  the conditions, and 

     (b)  the APR for the period, assuming the conditions for forgiveness
of the interest are not met.


Initial disclosure statement for fixed credit
8(1)  The initial disclosure statement for the purposes of section 77 of
the Act for a scheduled-payments credit agreement must disclose the
effective date of the statement and as much of the following information as
is applicable: 

     (a)  for a credit sale, a description of the product;

     (b)  the outstanding balance as of the effective date of the
disclosure statement, accounting for every payment made by the borrower on
or before the effective date;

     (c)  the nature and amount of each advance, charge or payment
accounted for in the outstanding balance disclosed under clause (b);

     (d)  the term;

     (e)  the amortization period, where it is longer than the term;

     (f)  the date on which interest begins to accrue and the particulars
of any grace period;

     (g)  where the interest rate will not change during the term,

               (i)  the interest rate,

               (ii) the circumstances under which unpaid interest will
be added to principal, and

               (iii)     the application of payments as between interest and
principal;

     (h)  where the interest rate may change during the term,

               (i)  the initial interest rate, the circumstances under
which unpaid interest will be added to principal and the application of
payments as between interest and principal,

               (ii) the method of determining the interest rate
throughout the term, and

               (iii)     unless the amount of scheduled payments is adjusted
automatically to account for changes in the interest rate, the lowest
annual interest rate, based on the initial outstanding balance, at which
the payments would not cover the interest that would accrue between
payments;

     (i)  the nature and amount of any charges, other than interest, that
are not disclosed under clause (c) but that will be payable by the borrower
in connection with the credit agreement;

     (j)  the amount and timing of any advances to be made after the
effective date of the disclosure statement;

     (k)  the amount and timing of any payments to be made after the
effective date of the disclosure statement;

     (l)  the total of all advances made or to be made in connection with
the credit agreement;

     (m)  the total of all payments to be made in connection with the
credit agreement;

     (n)  the total cost of credit;

     (o)  the APR;

     (p)  the nature of any default charges provided for by the credit
agreement;

     (q)  a description of the subject-matter of any security interest;

     (r)  for a mortgage loan, a statement of the conditions, if any,
under which the borrower may make prepayments, and any charge for
prepayment;

     (s)  for a credit agreement other than a mortgage loan, a statement
that the borrower is entitled to prepay the entire outstanding balance at
any time without penalty and is entitled to make partial payments without
penalty on any scheduled payment date;

     (t)  the nature of, and the amount and timing of payments for, any
optional services purchased by the borrower for which payments are to be
made to or through the credit grantor;

     (u)  the borrower's right to cancel optional services of a
continuing nature in accordance with section 67 of the Act.

(2)  The initial disclosure statement for a credit agreement that is not a
scheduled-payments credit agreement must 

     (a)  disclose as much of the information referred to in subsection
(1)(a) to (c), (f) to (i), (l) and (o) to (u) as is applicable, and

     (b)  either disclose the circumstances under which the outstanding
balance, or any portion of it, must be paid or refer to the provisions of
the credit agreement that describe those circumstances.


Changes in interest rate
9(1)  The information required to be disclosed for the purposes of section
78(1) of the Act is as follows:

     (a)  the annual interest rate at the beginning and end of the
period;

     (b)  the outstanding balance at the beginning and end of the period;

     (c)  for a scheduled-payments credit agreement, the amount and
timing of all remaining payments, based on the annual interest rate at the
end of the period.

(2) The information required to be disclosed for the purposes of section
78(2) of the Act is as follows:

     (a)  the new annual interest rate;

     (b)  the date that the new rate takes effect;

     (c)  how the amount or timing of any payment will be affected by the
change in the interest rate.


Disclosure where mortgage loan renewed
10(1)  The information required to be disclosed for the purposes of section
80(2) of the Act is as follows:

     (a)  the maturity date;

     (b)  the outstanding balance as of the maturity date, assuming that
the borrower makes all the payments due between the date of the disclosure
statement and the renewal date;

     (c)  the term of the renewed agreement;

     (d)  the amortization period from the renewed date;

     (e)  the relevant interest rate information referred to in section
8(g) or (h);

     (f)  the nature and amount of any charges other than interest
payable in connection with the renewed agreement;

     (g)  the amount and timing of all payments to be made in connection
with the renewed agreement;

     (h)  the total of all payments to be made in connection with the
renewed agreement;

     (i)  the total cost of credit for the renewed agreement;

     (j)  the APR for the renewed agreement;

     (k)  a statement of the conditions, if any, under which the borrower
may make prepayments, and any charge for prepayment.

(2)  The disclosure statement may provide information regarding alternative
renewal options offered to the borrower.


Renewal of non-mortgage loan
11  The information contained in section 10(1)(a) to (j) is to be included
in a disclosure statement referred to in section 81 of the Act.


     Open Credit

Advertising for open credit
12(1)  The information required to be disclosed for the purposes of section
83(1) of the Act about the cost of open credit that is not associated with
a credit card is the APR for the open credit.

(2)   The information required to be disclosed for the purposes of section
83(1) of the Act about the cost of open credit that is associated with a
credit card is the current annual interest rate and any initial or periodic
non-interest finance charges for the open credit.

(3)   The information required to be disclosed for the purposes of section
83(2) of the Act is whether

     (a)  the transaction is unconditionally interest-free during the
period, or

     (b)  interest accrues during the period but will be forgiven under
certain conditions.

(4)  If interest accrues during the period but will be forgiven under
certain conditions, the advertisement must also disclose

     (a)  the conditions, and 

     (b)  the annual interest rate for the period, assuming the
conditions for forgiveness of the interest are not met.


Contents of initial disclosure statement
13(1)  As much of the following information as is applicable is required to
be disclosed for the purposes of section 84 of the Act:

     (a)  the credit limit;

     (b)  the minimum periodic payment or the method of determining the
minimum periodic payment;

     (c)  the initial annual interest rate and the compounding period;

     (d)  if the annual interest rate may change, the method of
determining the annual interest rate at any time;

     (e)  when interest begins to accrue on advances or different types
of advances, and the particulars of any grace period;

     (f)  the nature and amount, or the method of determining the amount,
of any non-interest finance charges that may become payable under the
agreement;

     (g)  for open credit that is not associated with a credit card, the
APR;

     (h)  any optional services purchased by the borrower for which
payments are to be made to or through the credit grantor, and the charges
for such services; 

     (i)  a description of the subject-matter of any security interest;

     (j)  the nature of any default charges provided for by the
agreement;

     (k)  how often the borrower will receive statements of account; 

     (l)  if the borrower is required to pay the outstanding balance on
each statement of account in full on receiving the statement,

               (i)  a statement to that effect,

               (ii) the period within which the borrower must pay the
outstanding balance to avoid being in default, and

               (iii)     the annual interest rate that applies to any amount
that is not paid when due;

     (m)  a telephone number in accordance with section 85(3) of the Act.

(2)  Despite subsection (1),

     (a)  the credit limit may be disclosed

               (i)  in the initial disclosure statement,

               (ii) in the first statement of account, or

               (iii)     in a separate statement delivered to the borrower
no later than when the borrower receives the first statement of account,

     and

     (b)  information

               (i)  about optional services and charges for those
services, or

               (ii) that relates to a specific transaction under the
credit agreement

          may be provided in the initial disclosure statement or in a
separate statement delivered to the borrower before the services are
provided or the transaction occurs.


Contents of statement of account
14(1)  As much of the following information as is applicable is required to
be disclosed for the purposes of section 85(4) of the Act:

     (a)  the period covered by the statement;

     (b)  the outstanding balance at the beginning of the period;

     (c)  the amount, description and posting date of each transaction or
charge added to the outstanding balance during the period;

     (d)  the amount and posting date of each payment or credit
subtracted from the outstanding balance during the period;

     (e)  the annual interest rate or rates in effect during the period
or any part of the period;

     (f)  the total of all amounts added to the outstanding balance
during the period;

     (g)  the total of all amounts subtracted from the outstanding
balance during the period;

     (h)  the outstanding balance at the end of the period;

     (i)  the credit limit;

     (j)  the minimum payment;

     (k)  the due date for payment;

     (l)  the amount that the borrower must pay on or before the due date
in order to take advantage of a grace period;

     (m)  the borrower's rights and obligations regarding the correction
of billing errors;

     (n)  a telephone number in accordance with section 85(3) of the Act.

(2)  A transaction is sufficiently described for the purposes of subsection
(1)(c) if the description in the statement of account, along with any
transaction record included with the statement of account or made available
to the borrower at the time of the transaction, can reasonably be expected
to enable the borrower to verify the transaction.


Application for credit card
15(1)  Subject to subsection (3), the information required to be disclosed
for the purposes of section 87 of the Act is as follows:

     (a)  either

               (i)  the annual interest rate, if the interest rate is
not a floating rate, or

               (ii) the index and the relationship between the index
and the annual interest rate, if the interest rate is a floating rate;

     (b)  the grace period, if any;

     (c)  the amount of any non-interest finance charges;

     (d)  the date as of which the information referred to in clauses
(a), (b) and (c) is current.

(2)  Where a credit card issuer communicates directly with an individual,
whether in person or by mail, telephone or any electronic means, for the
purpose of inviting that individual to apply for a credit card, the credit
card issuer must, subject to subsection (3), prominently disclose in the
communication the information referred to in subsection (1).

(3)  Instead of disclosing the information required by subsection (1) or
(2), the application form or the communication, as the case may be, may
disclose a telephone number provided in accordance with section 85(3) of
the Act at which the borrower may obtain that information.

(4)  Despite subsection (3), where a borrower applies for a credit card in
person, or by telephone or any electronic means, the credit card issuer
must disclose the information required by subsection (1) when the borrower
makes the application.


Section 89(3)
16   Section 89(3) of the Act does not apply to the use of a credit card in
conjunction with a personal identification number at a device commonly
referred to as an automated teller machine or ATM.


     PART 1.1

     TIME SALES, DEFERRED PAYMENT PLANS,
     LOAN AGREEMENTS AND LEASES

Interpretation
16.1(1)  In this Part and the Schedule, "former enactments" mean the
Consumer Credit Transactions Act (SA 1985 cC-22.5) and the Consumer Credit
Transactions Regulation (AR 307/87).

(2)  Words and expressions used in this Part that are defined in the former
enactments are to be construed in accordance with those enactments.

(3)  In determining the annual percentage rate for the purposes of this
Part, the following apply:

     (a)  the annual percentage rate is, in relation to a credit
transaction, the percentage rate for each period of time that, when
multiplied by the principal amount owing under the credit transaction that
is outstanding at the end of each period, will produce an amount or amounts
the total of which is equal to the credit charges in relation to the credit
transaction, expressed as a rate per annum;

     (b)  the credit charges for a period of time in respect of a credit
transaction shall be calculated by multiplying the portion of the annual
percentage rate that the period is of one year by the principal amount that
is outstanding at the end of the period;

     (c)  any payment made in respect of a credit transaction shall be
applied first to pay the earned credit charges and thereafter to reduce the
principal amount of the outstanding debt;

     (d)  the annual percentage rate in respect of credit charges may be
expressed as a compounded rate if

               (i)  the credit agreement to which the credit charges
relate shows the credit charges as a compounded rate, and

               (ii) the period of compounding is disclosed.


Credit cards
16.2   This Part does not apply to a credit agreement for open credit under
which a credit card as defined in the Act is issued.


Time sales
16.3(1)  If a scheduled-payments credit agreement is a time sale agreement,
the initial disclosure statement may disclose the following information
instead of the information referred to in section 8(1):

     (a)  the date the agreement is executed;

     (b)  the number, amount and due dates of the instalments;

     (c)  the cash price;

     (d)  the description of any trade-in;

     (e)  the amount, if any, being allowed for a trade-in;

     (f)  the amount of any down payment;

     (g)  the amount of credit granted by the credit grantor to the
borrower;

     (h)  each type of insurance provided in respect of the time sale
agreement that is requested by the borrower and the amount of the premium
payable by the borrower with respect to each type of insurance so provided;

     (i)  the official fee, if any;

     (j)  the total principal amount owing under the time sale agreement;

     (k)  the total amount of all credit charges, if any, as an annual
percentage rate and in dollars and cents;

     (l)  any other costs or charges not referred to in this section that
are to be paid by the borrower;

     (m)  the total amount to be repaid by the borrower;

     (n)  a clear description of the goods or services purchased;

     (o)  the model or serial number, or both, where available, of the
goods purchased.

(2)  Where any transportation or installation costs of any goods or
services are not included in the price of the goods or services but are
payable to the credit grantor by the borrower, those costs must also be
disclosed.


Loan agreements
16.4(1)  If a credit agreement extending fixed credit is a loan agreement,
other than for a loan that is secured by a mortgage of real property, the
initial disclosure statement may disclose the information as set out in
Form 1 of the Schedule instead of the information referred to in section 8.

(2)  If the credit agreement extending fixed credit is a loan agreement for
a loan that is secured by a mortgage of real property,

     (a)  the initial disclosure statement may disclose the information
as set out in Form 2 of the Schedule instead of the information referred to
in section 8, and

     (b)  the disclosure statement for the renewal of the loan may
disclose the information as set out in Form 2 of the Schedule instead of
the information referred to in section 10.

(3)  If the credit agreement extending open credit is a loan agreement
under which loans may be made from time to time with the credit charges
being calculated from time to time in relation to the total balance
outstanding on all of the loans, the initial disclosure statement may
disclose the following instead of the information referred to in section
13:

     (a)  where there is a maximum aggregate amount of credit available
under the loan agreement that may be outstanding at any time, that maximum
amount;

     (b)  the period of time for which a statement of account is
furnished;

     (c)  the service, transaction or activity charge, if any, in dollars
and cents and the manner in which it is calculated;

     (d)  the interest, if any, expressed as an annual percentage rate
and in dollars and cents;

     (e)  the minimum amount of repayment required for each period.

(4)  If the credit agreement extending fixed credit is a loan agreement
under which

     (a)  the amount is to be paid in full by means of a single payment,
and

     (b)  provision is made for

               (i)  a credit charge, or

               (ii) an additional charge as a result of a default in
making payment as required pursuant to the account,

the disclosure statement may disclose the amount of the credit charge or
additional charge, as the case may be, as an annual percentage rate instead
of the information referred to in section 8(2).


Disclosure for loan payments on demand
16.5   Notwithstanding section 16.4, if the credit agreement extending
fixed credit is a loan agreement and the loan made or to be made pursuant
to the credit and the credit charges in respect of that loan are repayable
on demand in amounts that are not fixed or on dates that are not fixed, the
following information may be disclosed instead of the information referred
to in section 8:

     (a)  the credit charges, expressed

               (i)  as an annual percentage rate, or

               (ii) in a manner allowing the annual percentage rate to
be determined; 

     (b)  the maximum aggregate amount of loans available pursuant to the
credit.


Continuous deferred payment plan
16.6(1)  If the credit agreement extending open credit is a continuous
deferred payment plan, the initial disclosure statement may disclose the
following instead of the information required under section 13:

     (a)  the annual fee, if any;

     (b)  the manner, if any, in which the person may discharge the
obligation without incurring any credit charges;

     (c)  the maximum liability, if any, of the person for unauthorized
purchases made under the plan;

     (d)  the manner in which the credit charges are calculated;

     (e)  the credit charges, if any, shown

               (i)  as a scale of money charges set out in a schedule
of amounts of outstanding balances and the applicable charges, and

               (ii) as an annual percentage rate or a scale of annual
percentage rates.

(2)  The periodic statements given to a borrower under a continuous
deferred payment plan may disclose the following instead of the information
required under section 14:

     (a)  if there is a maximum aggregate amount of credit available
under the plan that may be outstanding at any time, that maximum amount;

     (b)  the period of time for which a statement of account is
furnished;

     (c)  the service, transaction or activity charge, if any, in dollars
and cents and the manner in which it is calculated;

     (d)  the credit charges, if any, expressed as an annual percentage
rate and in dollars and cents;

     (e)  the minimum amount of repayment required for each period.


Leases
16.7(1)  The initial disclosure statement for a lease may disclose the
following information instead of the information referred to in section
19(1):

     (a)  a clear description of the personal property;

     (b)  the model or serial number, or both, as the case may be, of the
personal property, if that property has a model or serial number;

     (c)  any initial payment or down payment, as the case may be;

     (d)  all costs or charges to be paid by the lessee;

     (e)  the liability of the lessee, if any, when the lease terminates
or is terminated under the conditions set forth in the lease;

     (f)  all warranties or guarantees, if any, given with respect to the
personal property;

     (g)  any insurance carried by the credit grantor with respect to the
personal property that is to be paid for by the lessee;

     (h)  any additional security or deposit required by the credit
grantor;

     (i)  the number, amount and due dates of all payments;

     (j)  the total of the payments to be made by the lessee;

     (k)  the fair market value of the personal property at the time the
lessee signs the lease, if the lessee is liable for any decrease in that
value at the termination of the lease;

     (l)  the conditions under which the credit grantor or lessee may
terminate the lease;

     (m)  if the lease provides that the title to the property leased
may, at the lessee's option, be transferred to the lessee,

               (i)  the method of exercising the option, and

               (ii) all information necessary to calculate the amount
required to be paid to exercise the option.

(2)  This section is repealed on December 31, 1999.


     PART 2

     LEASES

Definitions
17(1)  In this Part,

     (a)  "assumed residual payment" means

               (i)  for an option lease under which the option price at
the end of the term is less than the estimated residual value, that option
price, and

               (ii) in any other case, the estimated residual value
plus any amount that the lessee will be required to pay in the ordinary
course of events at the end of the term;

     (b)  "estimated residual cash payment" means the amount that the
lessee will be required to pay to the lessor at the end of the term of a
residual obligation lease if the realizable value of the leased goods at
the end of the term equals their estimated residual value;

     (c)  "estimated residual value" means estimated residual value as
defined in section 90 of the Act;

     (d)  "implicit finance charge" means the sum of all non-refundable
payments required to be made by the lessee at or before the beginning of,
or during, the term plus the assumed residual payment, minus the total
amount advanced to the lessee;

     (e)  "option lease" means a lease that gives the lessee the right to
acquire title to or retain possession of the leased goods after the lease
expires by making a payment in addition to the payments required under the
lease or by satisfying other specified conditions;

     (f)  "option price" means the amount of the additional payment that
the lessee must make in order to exercise the option under an option lease;

     (g)  "payment period" means one of the equal intervals into which
the term of a lease is divided for the purpose of determining the amount
and timing of payments;

     (h)  "periodic payment" means the payment to be made in respect of
each payment period;

     (i)  "realizable value" has the meaning determined by section 29(2)
and (3);

     (j)  "residual obligation lease" means a residual obligation lease
as defined in section 90 of the Act;

     (k)  "term" means term as defined in section 90 of the Act;

     (l)  "total lease cost" means the total of any non-refundable
payments that the lessee will be required to make in the ordinary course of
events.

(2)  For the purposes of the definition "capitalized amount" in section
58(f) of the Act, the amount of any payment made by the lessee at or before
the beginning of the term does not include

     (a)  any refundable security deposit, or

     (b)  any periodic payment.


Advertise-ments
18(1)  As much of the following information as is applicable is required to
be disclosed for the purposes of section 92 of the Act:

     (a)  that the transaction is a lease;

     (b)  the term of the lease;

     (c)  any payments that would be required at or before the beginning
of the term;

     (d)  the amount, timing and number of the periodic payments;

     (e)  the amount of any other payments that the lessee will be
required to make in the ordinary course of events;

     (f)  the APR;

     (g)  for a motor vehicle lease, charges for exceeding the kilometre
allowance set out in the lease, if the kilometre allowance is less than 20
000 kilometres per year.

(2)  Despite subsection (1), an advertisement on radio, television or a
billboard or other media with similar time or space limitations that gives
any specific information about the cost of a lease must disclose the
information referred to in subsection (1)(a), (c) and (d) and

     (a)  the information referred to in subsection (1)(b) and (f),

     (b)  a telephone number at which a person can obtain the information
referred to in subsection (1)(b) and (f) without incurring any charge for
the call, or

     (c)  a reference to a publication containing the information
referred to in subsection (1)(b) and (f) having general circulation in the
area where the advertisement was broadcast or published.

(3)  Where any of the information required to be disclosed by subsection
(1) would not be the same for all credit agreements to which the
advertisement relates, the information must be for a representative
transaction and must be disclosed as such.


Disclosure statement for lease
19(1)  As much of the following information as is applicable is required to
be disclosed for the purposes of section 93 of the Act:

     (a)  that the transaction is a lease;

     (b)  a description of the leased goods;

     (c)  the term of the lease;

     (d)  the cash value of the leased goods;

     (e)  the nature and amount of any other advances received or charges
incurred by the lessee at or before the beginning of the term;

     (f)  the amount and purpose of each payment made by the lessee at or
before the beginning of the term;

     (g)  the capitalized amount;

     (h)  the amount, timing and number of the periodic payments;

     (i)  the estimated residual value of the leased goods;

     (j)  for an option lease,

               (i)  how and when the option may be exercised, 

               (ii) the option price if the option is exercised at the
end of the term, and

               (iii)     the method for determining the option price if the
option is exercised before the end of the term;

     (k)  for a residual obligation lease,

               (i)  the estimated residual cash payment, and

               (ii) a statement to the effect that the lessee's maximum
liability at the end of the lease term is the sum of the estimated residual
cash payment plus the difference, if any, between the estimated residual
value and the realizable value of the leased goods;

     (l)  the circumstances, if any, under which the lessee or the lessor
may terminate the lease before the end of the term and the amount, or the
method of determining the amount, of any payment that the lessee will be
required to make on early termination of the lease;

     (m)  if there are circumstances under which the lessee will be
required to make a payment that is not disclosed under clauses (a) to (l),

               (i)  the circumstances, and

               (ii) the amount of the payment or the method of
determining the amount;

     (n)  the implicit finance charge;

     (o)  the APR;

     (p)  the total lease cost.

(2)  The circumstances referred to in subsection (1)(m) include, without
limitation, unreasonable wear or excess use.


Maximum liability
20   For the purposes of section 94 of the Act, the lessee's maximum
liability at the end of the lease term is the sum of the estimated residual
cash payment plus the difference, if any, between the estimated residual
value and the realizable value of the leased goods.


     PART 3

     CALCULATIONS

Value re s59(3) of Act
21(1)  The price of shares of a credit union that a borrower must buy as a
condition of entering into a credit agreement with the credit union is
value received by the borrower for the purposes of section 59(3) of the
Act.

(2)  An application fee for insurance referred to in section 59(3)(f)(iii)
of the Act is value received by the borrower for the purposes of section
59(3) of the Act.


Calculation of APR
22   The APR

     (a)  is an annual rate, expressed as a percentage, that relates the
amount and timing of value received or to be received by the borrower in
connection with a credit agreement to the amount and timing of value given
or to be given by the borrower in connection with the credit agreement,
disregarding the possibility of prepayment or default, and

     (b)  is calculated in accordance with this Part.


APR for certain credit agreements
23   Where the stated interest rate for a credit agreement is calculated
yearly or half-yearly, not in advance, the APR is the discount rate,
calculated yearly or half-yearly, not in advance, expressed as an annual
percentage, such that the sum of the present values of all anticipated
advances equals the sum of the present values of all anticipated payments.


APR for other credit agreements
24(1)  This section applies to credit agreements to which section 23 does
not apply.

(2)  The APR for a credit agreement is the annual interest rate stated in
the credit agreement if 

     (a)  there are no non-interest finance charges,

     (b)  the same interest rate will apply for the whole term, or the
same interest rate would apply for the whole term using the assumption set
out in section 27(2), and

     (c)  the stated annual interest rate is a multiple of the interest
rate for an interest compounding period that is at least as long as the
period between required interest payments.

(3)  The APR for a credit agreement to which subsection (2) does not apply
is the value of R such that
where

R    is the annual percentage rate;

C    is the total cost of credit, as defined in section 59(2) of the Act;

T    is the length of the term, in years;

P    is the average principal outstanding over the term, being the sum of
the principal outstanding during all calculation periods divided by the
number of calculation periods in the term.

(4)  The value of P in subsection (3) is calculated in accordance with the
following rules:

     (a)  the principal outstanding at the beginning of the term is the
total of all advances made to the borrower at or before the beginning of
the term minus the total of all payments made by the borrower at or before
the beginning of the term;

     (b)  the term is divided into calculation periods of equal length;

     (c)  the cost of credit for any calculation period is

     where

     R    is the APR,

     L    is the length of the period as a fraction of a year, and

     P    is the principal outstanding during the period;

     (d)  accumulated cost of credit is never added to outstanding
principal;

     (e)  each payment is applied first against accumulated cost of
credit and then, to the extent that the payment exceeds the accumulated
cost of credit, against outstanding principal.


Rebates
25   Where a borrower must decline a rebate, or a portion of a rebate, in
order to enter into a credit sale at a particular interest rate, the APR
and the total cost of credit are calculated on the assumption that the
value received by the borrower is the cash price of the product, as
determined without regard to the rebate, less the amount of the declined
rebate.


APR and implicit finance charge for leases
26(1)  The APR for a lease is m x i x 100 where m is the number of payment
periods in a year, and the value of i, which is the periodic interest rate,
is such that


     where

     PMT  is the amount of each periodic payment;

     A    is the number of periodic lease payments that are paid at or
before the beginning of the term;

     PV   is the capitalized amount;

     FV   is the amount of the assumed residual payment;

     N    is the number of payment periods in the lease;

     i    is the periodic interest rate.

(2)  For the purposes of calculating the APR and implicit finance charge
for a lease,

     (a)  an amount payable by the lessee in respect of a tax is regarded
as a payment only if an amount in respect of the tax was treated as an
advance in calculating the capitalized amount, and

     (b)  a charge payable by the lessee is regarded as an advance if an
equivalent charge would be payable by a cash customer.

(3)  If there is any irregularity in the amount or timing of payments
required during the term, the equation in subsection (1) must be modified
as necessary to calculate the value of "i" in accordance with actuarial
principles.

(4)  For the purposes of calculating the APR and implicit finance charge
for a lease referred to in section 91(b) of the Act, the term of the lease
is assumed to be one year.


Assumptions and tolerance
27(1)  Where a credit agreement or lease calls for payments to be made at
intervals measured by reference to weeks or months, the APR may be
calculated on the assumption that each week is 1/52 of a year long or that
each month is 1/12 of a year long.

(2)  Where the interest rate for a credit agreement is variable during the
whole term or any period during the term, the APR or any other value that
depends on the interest rate must be calculated on the assumption that the
interest rate for the term or the relevant period is fixed on the basis of
the circumstances existing at the time of the calculation.

(3)  The APR for fixed credit that is not a scheduled-payments credit
agreement is calculated on the assumption that the outstanding principal
will be repaid in a single payment one year after the effective date of the
relevant disclosure statement.

(4)  When a credit agreement is renewed, for the purpose of calculating the
APR and total cost of credit,

     (a)  the outstanding balance immediately before renewal is regarded
as an amount advanced to the borrower at the time of renewal, and

     (b)  advances and payments accounted for in that outstanding balance
are otherwise disregarded.

(5)  A disclosed APR is considered to be accurate if it is within   of 1%
of the actual APR for the credit agreement, as calculated in accordance
with this Part.


Calculation of prepayment refund or credit
28   The portion of each non-interest finance charge that must be refunded
or credited to the borrower under section 68(4) of the Act is determined by
the equation 

     
     where

     C is the amount to be credited;

     U is the length of the unexpired portion of the term at the time of
prepayment;

     T is the length of the period between the time the non-interest
finance charge was imposed and the end of the term;

     F is the amount of the non-interest finance charge.


Maximum liability under residual obligation lease
29(1)  The lessee's maximum liability at the end of the term of a residual
obligation lease after returning the leased goods to the lessor is
determined by the equation

          

     where 

     M    is the lessee's maximum liability;

     C    is the estimated residual cash payment;

     E    is the estimated residual value;

     R    is the realizable value.

(2)  Subject to subsection (3), the realizable value of leased goods at the
end of the lease term is the greater of 

     (a)  the net proceeds for which the lessor disposes of the goods,

     (b)  80% of the estimated residual value, and

     (c)  the estimated residual value minus 3 times the average monthly
payment.

(3)  If the amount determined under subsection (2)(a) is less than the
greater of the amounts determined under subsection (2)(b) and (c), the
realizable value is reduced according to the extent that the difference in
the amounts is attributable to unreasonable wear or excess use, or to
damage for which the lessee is responsible under the terms of the lease.


     PART 4

     TRANSITIONAL PROVISIONS, REPEALS AND EXPIRY

Transitional
30   If the renewal date of a mortgage loan is earlier than October 15,
1999, the disclosure statement for the renewal may be forwarded to the
borrower within 30 days after the borrower acknowledges acceptance of the
terms of the renewal.


Repeal
31   Part 1.1 and the Schedule are repealed on August 31, 2000.


Expiry
32   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 August 31, 2004.


     SCHEDULE

     FORM 1

     
     Statement of Disclosure
     for Loan Agreement
     under Part 9 of the Fair Trading Act

Date:          (date on which the statement of disclosure is made)    

          (name of credit grantor) 

Address:  (address of credit grantor)   

          (name of borrower(s))    

1   Effective date of loan:   

2   Principal amount of loan:
    
     (a)  amount of money to be paid to borrower or to be disbursed on
the borrower's direction:



$    


     (b)  other charges to be financed.  (This amount must equal the
total of the amounts under section 9.):



$    


     (c)  total of (a) and (b):

$    

3   The annual percentage rate will be         %* or, if the annual
percentage rate is subject to variations, the initial annual percentage
rate will be        %*.

* Accurate to within 1/8th of 1%.

4   The cost of borrowing for the whole term of the loan, if the annual
percentage rate is fixed, or the cost of borrowing for the whole term of
the loan based on the annual percentage rate disclosed in section 3 where
the annual percentage rate is subject to variations: 
















$    

5   Total obligation of the borrower or total obligation of the borrower
based on the annual percentage rate disclosed in section 3 where the annual
percentage rate is subject to variations. (This amount must equal the total
of the amounts under sections 2(c) and 4.): 







$    

6   Where the annual percentage rate is subject to variations, the
following is how it may be varied:      
     

7   Term of loan:         Amortization period:    

8   The loan will become due and payable in        months or years, as
the case may be, based on the annual percentage rate or other percentage
rate disclosed in section 3, at which time the borrower, if all payments
have been made on the due date, will owe $   .

9   The charges, fees, etc. under section 2(b) are made up as follows:

     (a)  Official fee




















$    





















     (b)  Insurance

               (i)  Life 
$    

$    


               (ii) Accident and sickness
$    


               (iii)     Other types of insurance
$    


               (iv) Total insurance premiums and fees


$    

     (c)  Other fees or charges (list items)

               (i)       


$    


               (ii)      
$    


               (iii)          
$    


               (iv)      
$    


               (v)  Total 

$    

     (d)  Total (This total amount is to be shown in section 2(b).) 


$    


      (signature on behalf of the credit grantor) 

         (signature of borrower(s))                  


     FORM 2

     
     Statement of Disclosure for
     Mortgage of Real Property
     under Part 9 of the Fair Trading Act

Date:          (date on which the statement of disclosure is made)    

          (name of credit grantor) 

Address:  (address of credit grantor)   

          (name of borrower(s))    

Property on which there will be a mortgage (address and description of
buildings)     
    
1   Principal amount of the (1st, 2nd, 3rd, etc.) mortgage to be repaid by
the borrower: 




$    

2   Deduct charges, fees, etc. where applicable. (This amount must equal
the total of the amounts under section 9.):




$    

    3   Amount of money to be paid to the borrower or to be disbursed on
the borrower's direction: 



$    

4   The annual percentage rate of the mortgage of $           will be     
%* or, where the annual percentage rate is subject to variations, the
initial annual percentage rate will be       %*.

* Accurate to within 1/8th of 1%.

5   The principal amount and the cost of borrowing based on the annual
percentage rate disclosed in section 4 will be payable in             
payments of
$           with the first payment becoming due on                              ,              .

6   The mortgage will become due and payable in         months, based
on the annual percentage rate disclosed in section 4, at which time the
borrower, if all payments have been made on the due date, will owe $        
 .

7   The term of mortgage:            months.  Amortization period of
mortgage:       years.

8   Where the term of the mortgage is subject to variations, it must vary
in the following manner:      
     

9   The charges, fees, etc. under section 2 are made up as follows:

     (a)  Mortgage Insurance Fees





































$    

     (b)  Inspection and Appraisal Fees

$    

     (c)  Legal Fees and Estimated Disbursements of not more than



$          



     (d)  Other Charges (list items)

               (i)       



$    

               (ii)      

$    

               (iii)          

$    

               (iv)      

$    

               (v)  Total


$    
     (e)  TOTAL as shown in section 2

$    

    10   Where the annual percentage rate is subject to variations, it must
vary in the following manner, based on the following conditions:      
     

11   The terms and conditions of repayment before maturity of the loan
contract are as follows:      
     




      (signature on behalf of the credit grantor)
      (signature of borrower(s))                    


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

     Alberta Regulation 199/99

     Fair Trading Act

     TIME SHARE CONTRACTS REGULATION

     Filed:  August 31, 1999

Made by the Minister of Government Services (M.O. C:013/99) pursuant to
sections 25(3), 41 and 162(2) of the Fair Trading Act.


     Table of Contents

Definitions    1
Excluded class of business    2
Contents of time share contracts   3
Statement of cancellation rights   4
Method of cancellation   5
Offences  6
Expiry    7
Coming into force   8

Schedule


Definitions
1   In this Regulation,

     (a)  "Act" means the Fair Trading Act;

     (b)  "time share property" means the real or personal property that
is the subject of a time share contract.


Excluded class of business
2   Division 2 of Part 3 of the Act does not apply to the business of any
person who trades in real estate located outside Alberta in accordance with
Division 2 of Part 2 of the Real Estate Act.


Contents of time share contracts

3   A time share contract must be in writing and include

     (a)  the consumer's name and address;

     (b)  the supplier's name, business address, telephone number and,
where applicable, fax number;

     (c)  where applicable, the salesperson's name and the name of the
agency represented by the salesperson;

     (d)  the date and place at which the time share contract is entered
into;

     (e)  a description sufficient to identify the time share property,
including the precise location of the property;

     (f)  a statement of the period during or the dates on which the
consumer is entitled to use the time share property;

     (g)  where applicable, the details of any agreement that the
consumer or the supplier may substitute different arrangements for the
agreed arrangements respecting use of the time share property, including
when and how substitutions may be made and a statement of any fee,
assessment or cost respecting substitutions;

     (h)  a statement of cancellation rights that conforms with section
4;

     (i)  an itemized statement of the cost of the time share property
and of each fee, assessment or closing cost related to the property or
contract; 

     (j)  an itemized statement of each fee, assessment or cost
respecting the use of any property or facility and membership in any club
or organization that the supplier represents is available to the consumer,
at the option of the consumer or otherwise, by virtue of entering into the
time share contract;

     (k)  a statement of the sum of

               (i)  all costs itemized in clause (i), and

               (ii) any costs itemized in clause (j) that are mandatory
or that the consumer has contracted to pay;

     (l)  the terms of payment;

     (m)  in the case of a time share contract where the facilities of
the time share property are not yet constructed,

               (i)  the completion date for providing use of the
facilities to the consumer, and

               (ii) a statement describing any security given by the
supplier to ensure completion of the facilities;

     (n)  where credit is extended,

               (i)  a statement of any security taken for payment, and

               (ii) the disclosure statement required under Part 9 of
the Act;

     (o)  the signatures of the consumer and the supplier.


Statement of cancellation rights
4(1)  A statement of cancellation rights must

     (a)  contain the words specified in the Schedule,

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

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

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

(2)  Where the statement of cancellation rights is not printed on the front
of the time share contract, there must be a notice printed on the front of
the contract, in not less than 12-point bold type, indicating where on the
contract the statement of cancellation rights is printed.


Method of cancellation
5   A consumer who cancels a time share contract must give a notice of
cancellation to the supplier at the supplier's business address listed in
the contract by any method allowing proof of service, including registered
mail, fax or personal service.


Offences
6   A contravention of section 3 or 4 is, for the purposes of section 162
of the Act, an offence.


Expiry
7   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 August 31, 2002.


Coming into force
8   This Regulation comes into force on September 1, 1999.


     SCHEDULE

     FORM

     Statutory Right to Cancel

The Fair Trading Act and its regulations specify that a buyer of a time
share contract may cancel the contract from the day it is entered into
until 7 days after the buyer receives a copy of the contract.  The buyer
does not need a reason to cancel.

If the buyer cancels the contract, the seller has 15 days to refund the
buyer's money.  To cancel, the buyer must give a notice of cancellation to
the seller at the address in this contract.  The buyer must give notice of
cancellation by a method that will allow the buyer to prove that notice was
given, including registered mail, fax or personal delivery.  If the buyer
cancels after using the property, the buyer may have to pay a reasonable
fee for that use after the buyer's money has been refunded.