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Alberta Regulation 162/2000
Marriage Act
MARRIAGE ACT REGULATION
Filed: August 8, 2000
Made by the Minister of Government Services (M.O. R:705/00) on July 31,
2000 pursuant to section 29 of the Marriage Act.
Table of Contents
Definitions 1
Forms 2
Issuer's certificate 3
Duties of issuer 4
Commissioner's certificate 5
Repeal 6
Expiry 7
Schedule
Definitions
1 In this Regulation,
(a) "Director" means the Director of Vital Statistics;
(b) "issuer" means an issuer of marriage licences appointed under
the Act.
Forms
2(1) An affidavit of particulars under section 13 of the Act must be in
Form 1.
(2) A consent to marriage under section 18 of the Act must be in Form 2.
(3) An interpreter who provides a service under section 9 of the Act must
complete a statutory declaration in Form 3.
(4) Where a witness is required to identify an applicant for a licence for
the purposes of section 13(4) of the Act, the witness shall complete a
statutory declaration in Form 4.
(5) A notice for the purposes of section 17(2) of the Act must be in Form
5.
(6) A person to whom section 18(3) of the Act applies must complete a
statutory declaration in Form 6.
Issuer's certificate
3(1) When a person is appointed as an issuer, the Director shall provide
that person with a certificate of appointment.
(2) An issuer shall keep the issuer's certificate of appointment on public
display at the place where the issuer ordinarily issues marriage licences.
(3) Subject to any agreement between the issuer or the issuer's employer
and the Minister, an issuer may resign an appointment by giving 30 days
written notice to the Minister.
Duties of issuer
4(1) An issuer shall requisition from the Director and keep on hand a
sufficient supply of licences, forms and returns.
(2) An issuer shall ensure that the requirements of the Act have been
complied with before issuing a marriage licence.
(3) An issuer shall, at the times required by the Director,
(a) file a return that
(i) sets out the number of licences that were sold
during the period covered by the return and is accompanied by the
applications that were accepted, together with supporting documentation
required under the Act, and
(ii) indicates the number of unsold licences remaining
in the issuer's possession,
and
(b) pay to the Director the government fees that were collected
from the sale of marriage licences during the period since the filing of
the last return under clause (a).
(4) An issuer shall file a special return if requested to do so by the
Director.
(5) An issuer shall forthwith notify the Director of any appointment of,
and any changes in the appointment of, a deputy under section 11 of the
Act.
Commission-er's certificate
5(1) When a person is appointed as a marriage commissioner, the Director
shall provide that person with a certificate of appointment.
(2) A marriage commissioner shall keep the certificate on public display
at the place where the marriage commissioner ordinarily performs marriage
ceremonies.
Repeal
6 The Marriage Act Regulation (AR 111/85) 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 June 30, 2005.
SCHEDULE
FORM 1
Marriage Act
(Section 13)
AFFIDAVIT FOR MARRIAGE
LICENCE APPLICATION
I, (Given Names) (Surname)
of (Street Address)
(City, Town or Village) (Province/Country)
make oath and say that:
1 My present marital status is: (Never married, Widowed, Divorced)
2 I am years old.
3 It is my intention to marry
(Currently used last name and full legal given names(s) of
Bride/Groom) of
(City/Town/Village)(Province/Country)
4 According to the best of my knowledge and belief
(a) there are no marriages or any lawful causes to bar or hinder
this marriage from taking place. I am not marrying my Grandmother,
Grandfather, Mother, Father, Granddaughter, Grandson, Daughter, Son, Sister
or Brother who is related by whole blood, half blood or adoption,
(b) neither I nor my intended spouse has been found to be or
certified to be of unsound mind or incapable of managing our affairs, or if
either has been so found or so certified, a medical certificate according
to the Marriage Act is attached, and
(c) neither I nor my intended spouse are presently under the
influence of alcohol or drugs.
(Signature)
SWORN before me at, Alberta,
dated
(Signature of Marriage Licence Issuer in and for the Province of Alberta)
(Name of Marriage Licence Issuer)(Marriage Licence Issuer Number)
(Name of Registry Agency)(Marriage Licence No.)
This information is being collected for the purpose of Vital Statistics
records in accordance with the Marriage Act. Questions about the
collection of this information can be directed to the Freedom of
Information and Protection of Privacy Coordinator for Alberta Registries
(address) (telephone number)
FORM 2
Marriage Act
(Section 18)
STATUTORY DECLARATION
RE PARENT/GUARDIAN CONSENT
In the matter of an Application for a Marriage Licence
I/We (Full legal given name(s) and last name of Mother/Guardian) and (Full
legal given name(s) and last name of Father/Guardian)
Do solemnly declare that:
I am/we are the parent(s)/guardian(s) of (full legal given name(s)
and last name of Bride/Groom)
I/we consent to his/her marriage.
My/Our consent to the marriage is required under the provision of the
Marriage Act as stated below. (Please check one)
1 Mother and father give consent.
2 Parent with legal custody is to give consent. (legal custody proof
required)
3 Surviving parent is to give consent. (death certificate required)
4 If one parent is mentally incompetent, the other parent is to give
consent. (medical certificate required)
5 If both parents are dead or mentally incompetent, a lawfully
appointed guardian is to give consent. (guardian papers required)
6 If both parents are dead or mentally incompetent, an acknowledged
guardian, who raised or who for 3 years prior to the date of this
declaration has supported the applicant, is to give consent. (proof
required)
7 If applicant is a ward of the Crown under the Child Welfare Act, the
director under the Child Welfare Act is to give consent. (proof required)
And I/we make this solemn declaration conscientiously believing it to be
true and knowing that it is of the same force and effect as if made under
oath.
(Signature of Declarant)
(Signature of Declarant)
Declared before me at )
In the Province of )
Date )
(Signature of Notary Public or a Commissioner for Oaths in and for the
Province of Alberta)
(Print name) (Expiry Date of Commission)
This information is being collected for the purposes of Vital Statistics
records in accordance with the Marriage Act. Questions about the
collection of this information can be directed to the Freedom of
Information and Protection of Privacy Coordinator for Alberta Registries,
(address)(telephone number) .
FORM 3
Marriage Act
(Section 9)
STATUTORY DECLARATION
RE INTERPRETATION
In the matter of the Interpretation of a Vital Statistics Record
I, (Full legal given name(s) and last name of interpreter)
of (Street Address)(City/Town/Village)(Province/Country)
Identification Provided: (Type of Identification)
Do solemnly declare that:
I am the interpreter for the applicant(s) listed below who does/do
not understand English:
(Full legal given name(s) and last name(s) of the Applicant(s))
I understand and speak the language(s) of the applicant(s) named
above; and
I have, to the best of my knowledge, explained clearly to the
applicant(s) the meaning of the ceremony and the documents submitted in
connection with the application.
And I make this solemn declaration conscientiously believing it to be true
and knowing that it is of the same force and effect as if made under oath.
(Signature of Interpreter)
Declared before me at )
In the Province )
Date )
(Signature of Notary Public or a Commissioner for Oaths in and for the
Province of Alberta)
(Print name)(Expiry Date of Commission)
This information is being collected for the purposes of Vital Statistics
records in accordance with the Marriage Act. Questions about the
collection of this information can be directed to the Freedom of
Information and Protection of Privacy Coordinator for Alberta Registries
(address)(telephone number) .
FORM 4
Marriage Act
(Section 13)
STATUTORY DECLARATION
RE WITNESS FOR BRIDE OR GROOM
WITHOUT IDENTIFICATION
In the matter of an Application for a Marriage Licence
I, (Full legal given name(s) and last name of witness)
of (Street Address)(City/Town/Village)(Province/Country)
Identification provided (Type of identification)
Do solemnly declare that:
The name of the Bride/Groom is (Last name and full legal given
name(s))
The Bride/Groom is years of age.
My relationship to the Bride/Groom is
The length of time I have know the Bride/Groom is
And I make this solemn declaration conscientiously believing it to be true
and knowing that it is of the same force and effect as if made under oath.
(Signature of Witness)
Declared before me at )
In the Province of )
Dated )
(Notary Public or a Commissioner for Oaths in and for the Province of
Alberta)
(Print name)(Expiry date of Commission)
This information is being collected for the purposes of Vital Statistics
records in accordance with the Marriage Act. Questions about the
collection of this information can be directed to the Freedom of
Information and Protection of Privacy Coordinator for Alberta Registries
(address)(phone number) .
FORM 5
Marriage Act
(Section 17)
PARENT/GUARDIAN NOTIFICATION
RE APPLICATION FOR A MARRIAGE LICENCE
BY A MINOR
I, (Name of Marriage Licence Issuer) , Marriage Licence Issuer for the
Province of Alberta, notify you that your (Son/Daughter/Ward) (Full legal
given name(s) and last name of Bride/Groom)(age) living at (Street
Address) (City/Town/Village) (Province/Country) has applied to me for a
licence to marry (Full legal given name(s) and last name of Bride/Groom)
(age) living at (Street Address) (City/Town/Village)
(Province/County)
(Signature of Marriage Licence Issuer) (Date)
FORM 6
Marriage Act
(Section 18)
STATUTORY DECLARATION
RE APPLICATION FOR A MARRIAGE
LICENCE BY A MINOR
In the matter of an Application for a Marriage Licence
I, (last name of Bride/Groom and full legal name(s)) of (Street Address)
(City/Town/Village) (Province/County)
Do solemnly declare that:
I am 16 years of age or older but under 18 years of age;
Or
I am a female under 16 years of age (medical certificate of proof of
parentage required);
And (check whichever is applicable)
My father and mother are dead and that I have no legal guardian (death
certificate required)
Or
My father and mother are mentally incompetent and that I have no legal
guardian (medical certificate required);
Or
One of my parents is dead, my other parent is mentally incompetent and I
have no legal guardian (death and medical certificate required).
Or
I am widowed (death certificate required).
Or
I am divorced (divorce certificate required).
And I make this solemn declaration conscientiously believing it to be true
and knowing that it is of the same force and effect as if made under oath.
(Signature of Bride/Groom)
Declared before me at )
In the Province of )
Date )
(Notary Public or Commissioner for Oaths in and for the Province of
Alberta)
(Print name) (Expiry date of Commission)
This information is being collected for the purposes of Vital Statistics
records in accordance with the Marriage Act. Questions about the
collection of this information can be directed to the Freedom of
Information and Protection of Privacy Coordinator for Alberta Registries
(address) (phone number) .
Alberta Regulation 163/2000
Municipal Government Act
BUSINESS REVITALIZATION ZONE AMENDMENT REGULATION
Filed: August 8, 2000
Made by the Minister of Municipal Affairs (M.O. L:195/00) on August 4, 2000
pursuant to section 53 of the Municipal Government Act.
1 The Business Revitalization Zone Regulation (AR 377/94) is amended by
this Regulation.
2 Section 23 is amended by adding the following after subsection (1):
(1.1) The bylaw must specify the date, being at least 6 weeks after
the date of the vote, on which the bylaw is to take effect.
3 Section 25 is repealed and the following is substituted:
Taxpayer vote on bylaw
25(1) Council is responsible for holding the vote on the bylaw to
disestablish the zone.
(2) The board of the business revitalization zone is responsible for
the costs and expenses of the vote on the bylaw.
(3) The vote must be conducted in accordance with the Local
Authorities Election Act, except that
(a) sections 44, 46(1), (1.1) and (2), 47, 49, 50 and
52 do not apply to the vote,
(b) only a taxpayer in the business revitalization zone
is eligible to vote,
(c) if there is more than one taxpayer for a taxable
business, only one such taxpayer, selected by the taxable business, may
vote in respect of that business, and
(d) the returning officer may
(i) prepare a list of the taxable
businesses eligible to vote on the bylaw,
(ii) require reasonable proof of a
taxpayer's entitlement to vote on behalf of an eligible taxable business,
(iii) remove the taxable business's name from
the list once a ballot is issued to a taxpayer who operates the business,
(iv) refuse to issue a ballot to a taxpayer
who does not meet the eligibility requirements, and
(v) utilize any form necessary to further
the objects of this section.
4 The following is added after section 28:
Expiry
Expiry
28.1 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, 2005.
------------------------------
Alberta Regulation 164/2000
Government Organization Act
GRANTS, DONATIONS AND LOANS AMENDMENT REGULATION
Filed: August 9, 2000
Made by the Lieutenant Governor in Council (O.C. 296/2000) on August 9,
2000 pursuant to section 13 of the Government Organization Act.
1 The Grants, Donations and Loans Regulation (AR 315/83) is amended by
this Regulation.
2 Section 0.1 is repealed and the following substituted:
0.1 In this Regulation, "Minister" means the Minister of Human
Resources and Employment.
3 Schedule 3 is amended in section 3(1)(a)
(a) in subclause (i) by striking out "$16 100" and substituting
"$16 400";
(b) in subclause (ii) by striking out "$24 150" and substituting
"$24 600".
Alberta Regulation 165/2000
Government Organization Act
EDMONTON RESTRICTED DEVELOPMENT
AREA AMENDMENT REGULATION
Filed: August 9, 2000
Made by the Lieutenant Governor in Council (O.C. 297/2000) on August 9,
2000 pursuant to Schedule 5, section 4 of the Government Organization Act.
1 The Edmonton Restricted Development Area Regulations (AR 287/74) are
amended by this Regulation.
2 Section 10 of the Schedule, describing land located in Township 51,
Range 25, West of the Fourth Meridian, is amended by striking out
SECTIONS Plan 882 2894 showing survey for
25 & 26: descriptive purposes of a right-of-way for a
Transportation/Utility Corridor
EXCEPTING THEREOUT
Plan 942 1206.
and substituting
SECTIONS Plan 882 2894 showing survey for
25 & 26: descriptive purposes of a right-of-way for a
Transportation/Utility Corridor
EXCEPTING THEREOUT
Plans 942 1206 and 002 0909.
------------------------------
Alberta Regulation 166/2000
Wildlife Act
WILDLIFE AMENDMENT REGULATION
Filed: August 9, 2000
Made by the Lieutenant Governor in Council (O.C. 303/2000), jointly with
the Minister of Environment, on August 9, 2000 pursuant to sections 96 and
97 of the Wildlife Act and sections 1(b) and 2 of the Wildlife Regulation
(AR 143/97).
1 The Wildlife Regulation (AR 143/97) is amended by this Regulation.
2 Schedule 1 is amended by repealing section 5 and substituting the
following:
Guiding- s.26(3)
5(1) A person who is guiding a resident for gain or reward is exempt
from the application of section 26(3) of the Act while that resident is
hunting wildlife other than big game, wolf or coyote.
(2) A person who is guiding a non-resident or non-resident alien for
gain or reward is exempt from the application of section 26(3) of the Act
while that non-resident or non-resident alien is hunting wildlife other
than big game, wolf, coyote or game birds.
------------------------------
Alberta Regulation 167/2000
Marketing of Agricultural Products Act
ALBERTA BISON COMMISSION PLAN REGULATION
Filed: August 9, 2000
Made by the Lieutenant Governor in Council (O.C. 304/2000) on August 9,
2000 pursuant to sections 16 and 18 of the Marketing of Agricultural
Products Act.
Table of Contents
Definitions 1
Designations 2
Part 1
General Operation of Plan
Division 1
Plan
Establishment of Plan 3
Termination of Plan 4
Application of Plan 5
Purpose and intent of Plan 6
Division 2
Operation of Plan by Commission
Establishment of Commission 7
Functions of Commission 8
Operation of Plan re regulations 9
Financing of Plan 10
Service charges 11
Service charge refundable 12
Indemnification fund, etc. 13
Auditor 14
Honorary memberships, etc. 15
Part 2
Governance of Plan
Division 1
Eligible Producers
Eligible producers 16
General rights of eligible producers 17
Eligible producers who are individuals 18
Eligible producers that are not individuals 19
Division 2
General Meetings of Eligible Producers
Annual Commission meeting 20
Special Commission meeting 21
Calling of meetings 22
Quorum 23
Division 3
Directors
Board of directors 24
Responsibilities of the board of directors 25
Eligibility re directors 26
Chair, officers, etc. 27
Remuneration 28
Term of office re directors 29
Removal from office 30
Election of directors 31
Mail ballot 32
Adjunct director 33
Quorum 34
Part 3
Voting and Elections
Eligibility to vote 35
Producers that are not individuals 36
Must be on voters list 37
Returning officer 38
Controverted election 39
Part 4
Transitional Provisions and Review
Transitional re election of directors 40
Review 41
Definitions
1 In this Plan,
(a) "Act" means the Marketing of Agricultural Products Act;
(b) "annual Commission meeting" means an annual general meeting of
the directors and the eligible producers;
(c) "bison" includes bison bulls, bison cows, bison heifers, bison
steers and bison calves;
(d) "bison products" includes meat, offal, hides and other
by-products from the slaughter and processing of bison;
(e) "Commission" means the Alberta Bison Commission;
(f) "Council" means the Alberta Agricultural Products Marketing
Council;
(g) "eligible producer" means a producer who meets the criteria to
be an eligible producer as set out in section 16;
(h) "marketing" means buying, owning, selling, offering for sale,
storing, grading, assembling, packing, transporting, advertising or
financing and includes
(i) slaughtering, and
(ii) any other function or activity designated as
marketing by the Lieutenant Governor in Council;
(i) "person" means a person as defined in the Interpretation Act
and includes
(i) a partnership as defined in the Partnership Act;
(ii) an unincorporated organization that is not a
partnership referred to in subclause (i);
(iii) any group of individuals who are carrying on an
activity for a common purpose and are neither a partnership referred to in
subclause (i) nor an unincorporated organization referred to in subclause
(ii);
(j) "plan" means the Alberta Bison Commission Plan established
under section 3;
(k) "producer" means a person who
(i) breeds, raises, feeds or owns bison, or
(ii) takes possession of bison from a producer under a
security interest or any other security for a debt;
(l) "regulated product" means bison and bison products;
(m) "security interest" means a security interest as defined in the
Personal Property Security Act.
Designations
2 Bison and bison products are hereby designated as agricultural products
for the purposes of the Act.
PART 1
GENERAL OPERATION OF PLAN
Division 1
Plan
Establishment of Plan
3 There is hereby established a plan known as the "Alberta Bison
Commission Plan".
Termination of Plan
4 This Plan does not terminate at the conclusion of a specific period of
time and remains in force unless otherwise terminated pursuant to the Act.
Application of Plan
5(1) This Plan applies
(a) to all of Alberta, and
(b) to all producers who produce bison in Alberta.
(2) None of the persons referred to in subsection (1)(b) are exempted from
the Plan.
(3) No class, variety, size, grade or kind of agricultural product to
which this Plan applies is exempt from this Plan.
(4) Notwithstanding subsections (2) and (3), with the approval of the
Commission,
(a) persons who are engaged in research with respect to the
production or marketing of the regulated product, or
(b) regulated product that is used in research with respect to the
production or marketing of the regulated product,
may in whole or in part be exempted from this Plan or any provision of this
Plan.
Purpose and intent of Plan
6(1) The purpose of this Plan is to enable the Commission to initiate and
carry out projects or programs respecting the production or marketing, or
both, of the regulated product and to commence, stimulate, increase and
improve the production or marketing, or both, of the regulated product.
(2) Without restricting the generality of subsection (1), the Commission
may initiate and carry out projects or programs
(a) to assist, educate and inform producers, dealers and processors
in developing and improving their production and marketing of the regulated
product;
(b) to expand market awareness and demand for the regulated
product, including the development and promotion of markets for the
regulated product and the education of consumers;
(c) to generally develop and promote the bison industry;
(d) to advise governments on matters concerning the bison industry;
(e) to research and study the production, marketing and processing
of the regulated product, including studies and research concerning the
improvement of the regulated product and the development, use and
consumption of the regulated product;
(f) to support and co-operate with other persons and with
governments when, in the opinion of the board of directors, that support
and co-operation will further the purposes of this Plan and the objects of
the Commission;
(g) to communicate with producers, dealers, processors and the
public respecting the activities and purposes of the Commission;
(h) to establish quality standards for the regulated product.
(3) Under this Plan neither the production nor the marketing of the
regulated product is to be controlled or regulated.
Division 2
Operation of Plan by Commission
Establishment of Commission
7 There is hereby established the Alberta Bison Commission.
Functions of Commission
8 The Commission
(a) is responsible for
(i) the administration, operation, regulation,
supervision and enforcement of this Plan, and
(ii) the conduct of the business and affairs of the
Commission in carrying out its responsibilities;
(b) must cause such books and records, including financial records,
to be maintained
(i) as from time to time may be required under the Act,
the regulations or by virtue of any order of the Council, or
(ii) as may be determined by the Commission;
(c) must maintain an official office, the location of which is to
be made known to each eligible producer;
(d) may appoint officers, employees and agents, prescribe their
duties and fix and pay their remuneration;
(f) may become a member of any agricultural organization;
(g) may contribute funds to any agricultural organization having
objectives similar to those of the Commission;
(h) may, in accordance with section 50 of the Act, be authorized to
perform any function or duty and exercise any power imposed or conferred on
the Commission by or under a Canada Act.
Operation of Plan re regulations
9 For the purposes of enabling the Commission to operate the Plan, the
Commission may be empowered by the Council, pursuant to section 26 of the
Act, to make regulations
(a) requiring any person who produces, markets or processes the
regulated product to furnish to the Commission any information or record
relating to the production of the regulated product that the Commission
considers necessary;
(b) providing for
(i) the assessment, charging and collection of service
charges from producers from time to time for the purposes of the Plan, and
(ii) the taking of legal action to enforce payment of
the service charges;
(c) providing for the refund of service charges;
(d) providing for the use of any class of service charges or other
money payable to or received by the Commission for the purpose of paying
its expenses and administering this Plan and the regulations made by the
Commission.
Financing of Plan
10 This Plan is to be financed by the service charges and any other money
payable to or received by the Commission.
Service charges
11(1) In accordance with the regulations and subject to this section,
(a) producers are to be charged a service charge for each bison
calf produced;
(b) on the payment of the service charge for a bison calf, the
Commission must provide to the producer an identification tag that the
producer must attach to the bison calf;
(c) the Commission must apply the amount received as a service
charge
(i) to pay for the cost of producing and providing the
identification tag, and
(ii) subject to subclause (i), for the purposes of
paying the Commission's expenses and administering this Plan and the
regulations and programs of the Commission.
(2) Once the service charge is paid for a head of bison, a service charge
is not to be assessed again in respect of that animal.
(3) Subject to subsection (4), if a head of bison is being raised or
otherwise kept in Alberta but was not born in Alberta, that animal is, for
the purpose of the service charge, to be considered to be a bison calf
produced in Alberta.
(4) When, in respect of a head of bison to which subsection (3) applies,
(a) a payment that the Commission considers to be similar in nature
to a service charge under this Plan has been paid in another jurisdiction,
or
(b) a tag that the Commission considers to be similar in nature to
an identification tag under this Plan
(i) has been issued in another jurisdiction, and
(ii) is attached to that animal,
or all the circumstances referred to in clauses (a) and (b) have occurred,
a service charge is not to be assessed under this Plan in respect of that
animal.
(5) The amount of the service charge is to be initially established by the
Commission in an amount that is approved by the Council.
(6) At any time after the amount of the service charge is initially
established as provided for under subsection (5), the Commission may, from
time to time, change the amount of the service charge, but the change is
not effective until it has been approved by the eligible producers at an
annual Commission meeting or a special Commission meeting.
Service charge refundable
12(1) In accordance with the regulations and subject to this section,
(a) that portion of the service charge referred to in section
11(1)(c)(ii) is, at the request of the producer who paid the service
charge, refundable to that producer;
(b) the request for a refund of the service charge must
(i) be made in writing on a form established by the
Commission, and
(ii) contain the following information:
(A) the producer's name;
(B) the producer's mailing address and
telephone number;
(C) the producer's identification number or
herd identification letter, if available;
(D) the number of animals in respect of
which the refund is being requested;
(E) the identification numbers on the tags
that were issued for the animals in respect of which the refund of the
service charge is being requested;
(F) any specifics of the refund request;
(c) requests for refunds must be received by the Commission at its
official office prior to the end of January, for service charges collected
during the period commencing on the previous January 1 and ending on
December 31;
(d) any request for a refund that is not received by the Commission
within the time periods specified under clause (c) will not be accepted by
the Commission for the purpose of making a refund and the producer will not
be entitled to a refund in respect of which the request was made;
(e) notwithstanding clause (d), the Commission may, if it is
satisfied that extenuating circumstances exist that warrant its doing so,
accept an application for the purpose of making a refund where the
application is received after the applicable time period referred to in
clause (c);
(f) the Commission must, with respect to the refundable portion of
the service charge, refund the service charge to the producer
(i) within 90 days after the end of the period to which
the request for the refund relates, in a case where the request is received
in accordance with clause (c), and
(ii) within 90 days after receipt of the request for the
refund, in a case where the request is received and accepted by the
Commission under clause (e).
(2) With respect to any particular year, if
(a) the eligible producers requesting a refund of the service
charges comprise more than 35% of the existing eligible producers, and
(b) those eligible producers requesting a refund account for at
least 35% of the service charges collected during that particular year,
the continued operation of this Plan is subject to approval by a majority
of producers as determined by a plebiscite to be held under the direction
of the Council pursuant to the Act.
(3) The Commission must, within 90 days following the end of a year,
report to the Council the refunds made under this section for that year.
Indemnifica-tion fund, etc.
13(1) The Commission may under section 34 of the Act establish, maintain
and operate one or more funds that may be used to indemnify or protect
producers against financial loss suffered by them or on their behalf in the
production or marketing, or both, of the regulated product.
(2) The Commission may finance a fund referred to in subsection (1) in
accordance with section 34 of the Act.
(3) The Commission shall not operate a fund under section 35 of the Act.
Auditor
14 The auditor for the Commission is to be appointed from time to time at
an annual Commission meeting or a special Commission meeting.
Honorary memberships, etc.
15 The Commission may establish non-voting associate, industry, affiliate
or honorary memberships under this Plan to provide interested individuals
or organizations with the opportunity to contribute to the efforts of the
Commission.
PART 2
GOVERNANCE OF PLAN
Division 1
Eligible Producers
Eligible producers
16 For the purposes of this Plan,
(a) a producer is an eligible producer if the producer has paid a
service charge under this Plan
(i) in the current calendar year, or
(ii) in the calendar year immediately preceding the
current calendar year;
(b) the Commission shall maintain a list of eligible producers;
(c) all producers who can be identified by the Commission as having
paid a service charge under this Plan during a calendar year must be
included on the list of eligible producers for that calendar year;
(d) any producer who is not listed on the Commission's list of
eligible producers must be added to the list where the producer can provide
proof to the Commission that the producer meets the criteria set out in
clause (a);
(e) once a producer is listed with the Commission as an eligible
producer, the producer is eligible, notwithstanding that the producer may
no longer meet the criteria set out in clause (a), to continue to be
recognized as an eligible producer from calendar year to calendar year,
unless the eligible producer ceases to pay a service charge under this Plan
in the 2 subsequent calendar years following the current calendar year, in
which case the producer shall cease to be an eligible producer;
(f) where a producer ceases to be an eligible producer under clause
(e), the producer is entitled to again become an eligible producer for any
calendar year in which the producer pays a service charge under this Plan.
General rights of eligible producers
17 In accordance with this Plan, an eligible producer is entitled, as a
matter of right,
(a) to attend annual Commission meetings and special Commission
meetings;
(b) to make representations on any matter pertaining to this Plan,
the Commission and the board of directors;
(c) to vote on any matter under this Plan;
(d) to vote in any election for directors;
(e) to hold office as a director;
(f) to vote in any plebiscites of producers held under the Act.
Eligible producers who are individuals
18 Where an eligible producer is an individual, that individual may,
subject to this Plan, exercise the rights of an eligible producer referred
to in section 17.
Eligible producers that are not individuals
19(1) Where an eligible producer is not an individual, that eligible
producer may, only in accordance with this section, exercise the rights of
an eligible producer referred to in section 17.
(2) An eligible producer to which this section applies must appoint an
individual to be the representative of the eligible producer.
(3) A representative appointed by an eligible producer under this section
is, subject to this Plan, to exercise on behalf of the eligible producer
the rights referred to in section 17.
(4) If an eligible producer is
(a) a corporation, it must appoint an individual who is a director,
shareholder, member, officer or employee of the corporation as its
representative,
(b) a partnership, it must appoint an individual who is a partner
or employee of the partnership as its representative, or
(c) an organization, other than a corporation or a partnership, it
must appoint an individual who is a member, officer or employee of the
organization as its representative.
(5) An appointment of a representative under this section must be
(a) in writing, and
(b) in the case where a vote is to be taken at a meeting, filed
with the returning officer prior to the calling to order of the meeting at
which a vote is to take place.
(6) An individual who is the representative of an eligible producer shall
not cast a vote under this Plan unless
(a) the individual presents a document signed by the eligible
producer indicating the name of the person who may vote for the eligible
producer, or
(b) the individual makes a statutory declaration in writing stating
that
(i) the individual is a representative of the eligible
producer, and
(ii) the individual has not previously voted in the
election or on the matter in respect of which the individual wishes to cast
a vote.
(7) A statutory declaration made under subsection (6)(b) must be made in
writing before the returning officer or the deputy returning officer prior
to the vote being cast.
(8) An individual cannot at any one time be a representative under this
section for more than one eligible producer.
(9) A representative shall not vote or hold office before the
representative's appointment is filed in accordance with subsection (5).
Division 2
General Meetings of Eligible Producers
Annual Commission meeting
20 An annual Commission meeting must be held
(a) once in each year, and
(b) within 13 months following the date of the commencement of the
last annual Commission meeting.
Special Commission meeting
21 The Commission must hold a special Commission meeting
(a) when requested to do so by the Council, or
(b) on the written request of not less than 10% of the eligible
producers.
Calling of meetings
22(1) The Commission must set the time, place and date of any annual
Commission meeting or special Commission meeting.
(2) The Commission must,
(a) in the case of an annual Commission meeting, notify the
eligible producers of the annual Commission meeting at least 21 days before
that meeting is to be held;
(b) in the case of a special Commission meeting, notify the
eligible producers of the special Commission meeting at least 21 days
before that meeting is to be held.
(3) A notice of a meeting must set forth the time, place, date and purpose
of the meeting.
(4) Where the Commission provides a notice under this section, the
Commission may do so in any form or manner that the Commission considers
appropriate in the circumstances.
Quorum
23 The quorum necessary for the conduct of business at an annual
Commission meeting or special Commission meeting is 30 eligible producers.
Division 3
Directors
Board of directors
24 The Commission consists of a board of directors made up of 9 directors.
Responsibili-ties of the board of directors
25(1) The responsibilities of the Commission, the authority delegated to
the Commission by the Council and the direction, administration and
management of the Commission's work, business and affairs, including the
control and management of all the assets owned, held or acquired by the
Commission, are vested in the board of directors.
(2) The board of directors has the power to do all things that are
necessary to carry out the purposes of this Plan and the responsibilities
and authority of the Commission.
(3) The board of directors may authorize any person, entity or committee
to exercise any of the powers of the board of directors.
(4) Where a person, entity or committee is authorized under subsection (3)
to exercise any power of the board of directors,
(a) that person, entity or committee must report back to the board
of directors with respect to the exercise of that power, and
(b) the board of directors retains a supervisory function to
oversee the actions of that person, entity or committee in the exercise of
that power.
Eligibility re directors
26(1) To be eligible to be a director, a person must be an eligible
producer.
(2) An eligible producer is not eligible serve as a director for more than
2 consecutive terms of office.
(3) Notwithstanding subsection (2), an eligible producer who was a
director is once again eligible to be a director if one year has elapsed
since the conclusion of that eligible producer's last term of office as a
director.
Chair, officers etc.
27 Following the annual Commission meeting in each year, the directors
must elect from among the directors the officers of the board of directors,
including a chair and a vice-chair of the board of directors.
Remuneration
28 The remuneration to be paid to the directors and officers of the board
of directors may be fixed from time to time by the board of directors.
Term of office re directors
29(1) The term of office for a director is 3 years.
(2) The term of office of a director
(a) commences on the conclusion of the annual Commission meeting
that takes place following the director's election, and
(b) expires on the conclusion of the annual Commission meeting that
takes place in the year that the director's term of office is to expire.
Removal from office
30(1) A person who is a director ceases to be a director if that person
(a) resigns from the position of director;
(b) ceases to be an eligible producer;
(c) in the case of the individual who is the representative of an
eligible producer under section 19, ceases to be the representative of that
eligible producer under section 19;
(d) is absent from 3 consecutive meetings of the board of directors
without reasons that the board of directors considers adequate.
(2) Where a vacancy occurs on the board of directors under this section,
the board of directors may, with the approval of the Council, appoint an
individual to fill the position from among the eligible producers who are
eligible to be elected as a director.
(3) Where an individual is appointed as a director under subsection (2),
that director shall serve for the unexpired portion of the term.
Election of directors
31(1) Directors are to be elected at the annual Commission meeting.
(2) The Commission must solicit nominations for the position of director
by giving a notice soliciting those nominations.
(3) A notice referred to in subsection (2) may be given
(a) by publishing the notice in the Commissioner's newsletter, or
(b) by such other means as the Commission may determine.
(4) Nominations for the position of director must be
(a) filed at the Commission's official office in writing by a date
fixed by the Commission,
(b) signed by at least 5 eligible producers, and
(c) accompanied by the written consent of the eligible producer
nominated for the position of director.
Mail ballot
32(1) Notwithstanding section 31(1), the Commission may direct that the
election of a director be carried out by a mail ballot.
(2) Where an election of a director is to be carried out by a mail ballot,
(a) the mail ballot must be designed for, and the election must be
held in such a manner to ensure, a secret vote;
(b) a mail ballot must be made available to each eligible producer
by being mailed to each of the eligible producers at least 30 days prior to
the ballot closing date;
(c) the ballot closing date must
(i) be fixed by the Commission, and
(ii) be a date that is within 42 days immediately
preceding the annual Commission meeting.
(3) If the eligible producers fail to elect a director by a mail ballot,
the election of the director is to be carried out at the next annual
Commission meeting that is held after the time at which election by a mail
ballot was to have been held.
Adjunct director
33(1) Notwithstanding anything in this Division, the board of directors
may appoint a director whose term is expiring and who is not standing for
re-election as a director to serve as an adjunct director on the board of
directors for the purpose of allowing that director to represent the
Commission in respect of an organization with which the Commission is
involved.
(2) An adjunct director is not eligible to vote on any matter put to the
question at a meeting of the board of directors.
(3) At any one time not more than one adjunct director may be on the board
of directors.
(4) Where an adjunct director is appointed, the board of directors may
(a) prescribe the duties of and the term of office for the adjunct
director, and
(b) at any time terminate the appointment of an adjunct director.
(5) Notwithstanding section 24, where an adjunct director is appointed,
that director's position on the board of directors is in addition to the
positions of the directors who are elected or appointed to sit on the board
of directors under this Division.
Quorum
34(1) The quorum necessary for the conduct of business at a meeting of the
board of directors is a majority of the directors holding office at the
time.
(2) In determining a quorum under subsection (1), vacant positions on the
board of directors and the position of adjunct director are not to be
considered.
PART 3
VOTING AND ELECTIONS
Eligibility to vote
35(1) An eligible producer is eligible to vote on any question put to a
vote at an annual Commission meeting or a special Commission meeting if the
eligible producer is present at the meeting at which the vote is held.
(2) An eligible producer is eligible to vote in an election for a director
that takes place at an annual Commission meeting if the eligible producer
is present at the meeting.
(3) An eligible producer may vote once on each matter, notwithstanding
that the eligible producer may manage or operate or own, lease or hold
equity in 2 or more operations.
Producers that are not individuals
36 An eligible producer that is not an individual may only cast one vote
under this Plan.
Must be on voters list
37 An eligible producer may only cast a vote if that producer's name
appears on the current list of eligible producers.
Returning officer
38(1) The Commission shall appoint a returning officer for the purpose of
and in connection with any election or vote taken under this Plan.
(2) The returning officer may appoint individuals as deputy returning
officers to assist in the conduct of elections and votes under this Plan.
(3) The returning officer must
(a) compile and maintain a voters list of eligible producers who
are entitled to vote under this Plan,
(b) ensure that a person does not cast a vote, except in accordance
with this Plan, and
(c) permit scrutiny of the actions of the returning officer and the
deputy returning officers by a scrutineer in respect of the conduct of a
vote taken under this Plan.
(4) Unless otherwise directed by the Council, no person shall destroy any
records or ballots in respect of a vote or election held under this Plan
until 90 days have elapsed from the day on which the vote was taken.
Controverted election
39(1) If an eligible producer
(a) questions
(i) the eligibility of a candidate,
(ii) the eligibility of a voter,
(iii) any matter relating to a ballot or the tabulation
of ballots, or
(iv) any other irregularity with respect to the conduct
of an election,
and
(b) seeks to have the election declared invalid and the position
declared vacant,
the eligible producer may, not later than 15 days after the day on which
the election was held, apply in writing to the Council to have the election
declared invalid and the position declared vacant.
(2) If, within the 15-day period referred to in subsection (1), the
Council has not received an application under subsection (1), a person
elected at that election is deemed to be duly elected.
(3) On receipt of an application under subsection (1), the Council must
consider the matter and may
(a) declare the election to be proper and the position to be
filled, if, in the opinion of the Council, there is no basis for the
application,
(b) declare the election to be proper and the position filled,
notwithstanding that there is a basis for the application, if, in the
opinion of the Council,
(i) the basis for the application did not materially
affect the result of the election, and
(ii) the election was conducted substantially in
accordance with this Plan and the Act,
or
(c) declare the election to be void and the position vacant, if, in
the opinion of the Council, there is a basis for the application and the
basis is sufficient to, or did, affect the result of the election.
(4) Notwithstanding that an election is declared void and a position is
declared vacant under subsection (3)(c), the term of office of the position
declared vacant is nevertheless deemed to have commenced on the day that
the voided election was held.
(5) If the Council declares an election to be void and the position
vacant, the Council may
(a) order that, within the time that the Council considers proper,
a special Commission meeting be held and an election be conducted to fill
the vacant position, or
(b) appoint from among the eligible producers who are eligible to
be elected to the position, an individual to fill the vacant position.
(6) Where a person fills a position under subsection (5), that person
shall serve for the unexpired portion of the term.
PART 4
TRANSITIONAL PROVISIONS AND REVIEW
Transitional re election of directors
40(1) Notwithstanding section 29(1), at the initial election for directors
held after this Plan comes into force,
(a) 3 directors are to be elected for a term of office of 3 years,
(b) 3 directors are to be elected for a term of office of 2 years,
and
(c) 3 directors are to be elected for a term of office of one year.
(2) At the conclusion of the terms of office referred to in subsection
(1), directors are to be elected for a term of office provided for in
section 29(1).
(3) In determining under section 26 whether an eligible producer is
eligible to be a director, the term of office served under subsection (1)
is to be considered as a term of office.
Review
41 In compliance with the ongoing regulatory review initiative, this
Regulation must be reviewed on or before December 1, 2004.
------------------------------
Alberta Regulation 168/2000
Condominium Property Act
CONDOMINIUM PROPERTY REGULATION
Filed: August 9, 2000
Made by the Lieutenant Governor in Council (O.C. 305/2000) on August 9,
2000 pursuant to section 73 of the Condominium Property Act.
Table of Contents
Interpretation 1
Part 1
Registration of Condominium Plans
and other Condominium Documents
Registration of plans 2
Form of plan 3
Diagrams 4
Designation of units 5
Unit factors 6
Information to be contained in Schedule 7
Numbering of plan sheets 8
Endorsements re redivision or consolidation 9
Additional sheets to condominium plan 10
Certificates of title to units 11
Change in by-laws 12
Certificate given by corporation 13
Instrument executed by corporation 14
Appointment of an administrator 15
Notice of termination of plan 16
Certificate given by corporation 17
Transfer of parcel 18
Change of address 19
Directors of corporation 20
Part 2
Capital Replacement Reserve Fund
Definitions 21
Corporation as qualified person 22
Reserve fund study, report and plan 23
When reserve fund study, report and plan must be prepared 24
When study, report and plan must be prepared re rental units 25
When study, report and plan must be prepared
re conversions, etc. 26
Maintenance of reserve fund 27
Repairs, etc. not to be construed as capital improvements 28
Annual report 29
5-year review 30
Access to reserve fund plan and annual reports 31
Part 3
Phased Development
Application of Part 32
Developments not included under this Part 33
Existing building and land 34
Phased development disclosure statement 35
Completion of project 36
Court order terminating development 37
Registration of condominium plan 38
Amendment to plan re subsequent phase 39
Restrictions on registration 40
Common property re amendment to plan 41
Operation of phases under the Act 42
Sale of units 43
Convening of meeting and election of board 44
Easements 45
Part 4
Amalgamation
Definitions 46
Authority to amalgamate 47
Pre-amalgamation meeting 48
Amalgamation disclosure statement 49
Resolutions of the owners 50
Registration 51
Amalgamated corporation 52
Notification of amalgamation 53
Meeting of corporation 54
Capital replacement reserve fund 55
Assumption of obligations 56
Part 5
Modification of Condominium Plans
Application of Part 57
Notification of consolidation of units 58
Common property 59
Registration of consolidation 60
Part 6
Insurance
Perils to be insured against 61
Amount of insurance 62
Part 7
Purchaser's Protection Programs
Definitions 63
Application of Part 64
Approval of Minister 65
Purchaser's protection program having general application 66
Requirements of a purchaser's protection program 67
Form of purchaser's protection program 68
Certificate of sponsor 69
Part 8
Amendment of Condominium Plans
To be amended in accordance with this Part 70
Amendments by corporations 71
Doors and windows 72
Documentation must be completed 73
Part 9
Miscellaneous
Fees under the Land Titles Act 74
Fee payable to a municipality 75
Rate of interest re contributions 76
Mediation and arbitration 77
Builders' liens 78
Part 10
Transitional Provisions, Repeals, Expiry and Coming into Force
Transitional provisions re insurance 79
Repeal 80
Expiry 81
Coming into force 82
Schedule
Interpretation
1(1) In this Regulation,
(a) "Act" means the Condominium Property Act;
(b) "Registrar" means the Registrar of Land Titles;
(c) "Schedule" means the Schedule to this Regulation.
(2) For the purposes of section 11(1)(b) of the Act, the following are the
requirements to be met in order for a person to be a cost consultant:
(a) in the case of an individual, that individual must be, based on
reasonable and objective criteria, knowledgeable with respect to
(i) the costs of construction of units and common
property that are the subject of section 11 of the Act, and
(ii) the determination as to when the construction of
those units and that common property, as the case may be, is substantially
completed;
(b) in the case of a corporate entity, that corporate entity must,
in carrying out the functions of a cost consultant, employ or otherwise
retain the services of an individual to carry out those functions who meets
the requirements provided for under clause (a);
(c) in carrying out the functions of a cost consultant in respect
of a unit or common property, a person must act at arm's length from the
developer of the unit or common property.
(3) If expressions used in this Regulation are not defined in this
Regulation but are defined in the Act, those expressions have the same
meanings in this Regulation as assigned to them in the Act.
(4) If expressions used in this Regulation are not defined in this
Regulation or in the Act but are defined in the Land Titles Act, those
expressions have the same meanings in this Regulation as assigned to them
in the Land Titles Act.
PART 1
REGISTRATION OF CONDOMINIUM PLANS
AND OTHER CONDOMINIUM DOCUMENTS
Registration of plans
2 The Registrar
(a) must keep a register of condominium plans, and
(b) is to record in the register particulars of all condominium
plans registered pursuant to the Act.
Form of plan
3 A plan presented for registration as a condominium plan
(a) is to be prepared in a manner acceptable to the Registrar and
on a medium or a material or in a digital format approved by the Registrar,
and
(b) is to consist of
(i) a first sheet on which are set out the matters
prescribed by sections 6(1)(a), (b), (b.1), (c), (e), (f), (f.1), (g), (h)
and (i) and (2) and 8(1) of the Act, and
(ii) further sheets, if necessary, containing the
particulars required by section 6(1)(d), (f.2) and (g.1) of the Act.
Diagrams
4 The diagrams required by section 6(1)(b) and (d) of the Act
(a) where practical, are to be drawn with the north point directed
to the top of the sheet, and
(b) are to be to a scale that will clearly show all details and
notations.
Designation of units
5(1) Subject to subsections (2) and (3), units are to be numbered
consecutively commencing with unit one and terminating with a unit numbered
to correspond to the total number of units comprised in the plan presented
for registration as a condominium plan.
(2) In the case of a building or land that is to be developed in phases,
the units in the phases, subject to section 38, are to be numbered
consecutively commencing with unit one in the first phase and terminating
with the last unit in the last phase.
(3) In the case of 2 or more adjacent parcels that are amalgamating,
(a) each condominium plan that is subject to the amalgamation is to
be assigned a separate letter with one condominium plan being assigned the
letter "A" and each of the other condominium plans being assigned
respectively the next consecutive letters, and
(b) each unit contained in each condominium plan that is subject to
the amalgamation is to retain the number assigned to that unit under that
condominium plan but with the letter referred to in clause (a) that is
assigned to that condominium plan following the number of the unit.
Unit factors
6 There is to be assigned to each unit a unit factor so that the total of
the unit factors for all the units in the parcel is equal to 10 000.
Information to be contained in Schedule
7 For the purposes of section 6(1)(f), (f.1) and (g) of the Act, the
Schedule to the plan is to be in Form 1 and is to set out the following:
(a) the unit number;
(b) the unit factor;
(c) the basis for determining the unit factor;
(d) the approximate floor area for each unit, in the case of a
building;
(e) the approximate ground area for each unit, in the case of land
divided into bare land units.
Numbering of plan sheets
8 Each sheet of a plan presented for registration as a condominium plan
is to be endorsed in the upper right-hand corner with the words, "sheet
of sheets", with the appropriate numbers filled in.
Endorsements re redivision or consolidation
9 Before registering a condominium plan in respect of the redivision of
a unit or units or the consolidation of units, the Registrar is to
(a) endorse on the original registered condominium plan a
notification of the redivision or consolidation, and
(b) indicate on the drawings in the original registered condominium
plan illustrating the unit or units being redivided or consolidated that
the unit or units are being redivided or consolidated.
Additional sheets to condominium plan
10(1) The Registrar may add additional sheets to a condominium plan on
which may be made any endorsement, registration, memorandum, notification
or other entry that is to be or may be made on the plan.
(2) Each sheet added to a plan by the Registrar pursuant to subsection (1)
is to be numbered in a manner that is acceptable to the Registrar.
Certificates of title to units
11 A certificate of title to a unit is to be in Form 2 or in any other
form that the Registrar specifies.
Change in by-laws
12(1) A notice of a change in the by-laws of a corporation made pursuant
to section 26 of the Act is to be in Form 3.
(2) On receipt of a notice referred to in subsection (1), the Registrar is
to endorse on the condominium plan a notification containing any
particulars that the Registrar directs.
Certificate given by corporation
13 A certificate given by a corporation pursuant to section 40(4) of the
Act is to be in Form 4.
Instrument executed by corporation
14 On receipt of an instrument executed by a corporation pursuant to
section 40, 42, 43 or 54 of the Act, the Registrar is to endorse on the
condominium plan a memorandum
(a) stating the nature of the instrument, and
(b) containing any particulars that the Registrar directs.
Appointment of an administrator
15(1) Where a person is appointed as
(a) an administrator, receiver or receiver and manager under
section 11(14) of the Act, or
(b) an administrator under section 49 of the Act,
that person must file with the Registrar a certified copy of the order of
the Court under which the appointment was made.
(2) A corporation must file with the Registrar a certified copy of an
order of the Court made pursuant to section 50 of the Act.
(3) On receipt of a copy of an order referred to in subsection (1) or (2),
the Registrar is to endorse on the condominium plan a notification
containing any particulars that the Registrar directs.
Notice of termination of plan
16(1) A notice of the termination of the condominium status of a building
or parcel is to be in Form 5.
(2) On receipt of a notice referred to in subsection (1), the Registrar is
to endorse on the condominium plan a notification
(a) of the termination of the condominium status and the vesting of
the parcel in the owners, and
(b) containing any other particulars that the Registrar directs.
Certificate given by corporation
17 A certificate given by a corporation pursuant to section 43(4) or
54(4) of the Act is to be in Form 6.
Transfer of parcel
18 Where a parcel is transferred by a corporation pursuant to section 54
of the Act, the Registrar is to
(a) enter on the relevant condominium plan a notification of the
cancellation of the plan, and
(b) indicate in an appropriate manner on any relevant plan that the
condominium plan has been cancelled.
Change of address
19 The notice of change of an address required by section 65 of the Act
is to be in Form 7.
Directors of corporation
20 The notice required to be filed by section 23(2) of the Act is to be
in Form 8.
PART 2
CAPITAL REPLACEMENT RESERVE FUND
Definitions
21(1) In this Part,
(a) "common property" includes common property referred to in
section 11(1)(a) of the Act;
(b) "depreciating property" means the property to which section
30.1(1) of the Act applies;
(c) "qualified person" means, in respect of the depreciating
property, an individual who, based on reasonable and objective criteria, is
knowledgeable with respect to
(i) the depreciating property or that type of
depreciating property,
(ii) the operation and maintenance of the depreciating
property or that type of depreciating property, and
(iii) the costs of replacement of or repairs to, as the
case may be, the depreciating property or that type of depreciating
property;
(d) "reserve fund" means, in respect of a corporation, the capital
replacement reserve fund required to be established and maintained by the
corporation under section 30.1 of the Act;
(e) "reserve fund plan" means a plan prepared and approved in
accordance with section 23(4) or 30(c);
(f) "reserve fund report" means a report prepared in accordance
with section 23(3) or 30(b);
(g) "reserve fund study" means a study carried out in accordance
with section 23(1) and (2) or 30(a).
(2) For the purposes of section 23, a reference to a qualified person
includes a corporate entity if the corporate entity, in carrying out the
functions of a qualified person, employs or otherwise retains the services
of an individual who is a qualified person to carry out those functions.
Corporation as qualified person
22 Notwithstanding section 21(2), if a condominium plan consists of not
more than 12 units, the corporation may, in respect of that condominium
plan, carry out the functions of a qualified person if authorized to do so
by a special resolution.
Reserve fund study, report and plan
23(1) The board must retain a qualified person to carry out a study of the
depreciating property for the purposes of determining the following:
(a) an inventory of all of the depreciating property that, under
the circumstances under which that property will be or is normally used,
may need to be repaired or replaced within the next 25 years;
(b) the present condition or state of repair of the depreciating
property and an estimate as to when each component of the depreciating
property will need to be repaired or replaced;
(c) the estimated costs of repairs to or replacement of the
depreciating property using as a basis for that estimate costs that are not
less than the costs existing at the time that the reserve fund report is
prepared;
(d) the life expectancy of each component of the depreciating
property once that property has been repaired or replaced.
(2) In carrying out the reserve fund study under subsection (1), the
qualified person must also do the following:
(a) determine the current amount of funds, if any, included in the
corporation's reserve fund;
(b) recommend the amount of funds, if any, that should be included
in or added to the corporation's reserve fund in order to provide the
necessary funds to establish and maintain or to maintain, as the case may
be, a reserve fund for the purposes of section 30.1 of the Act;
(c) describe the basis for determining
(i) the amount of the funds under clause (a), and
(ii) the amount in respect of which the recommendation
was made under clause (b).
(3) On completing the reserve fund study under this section, the person
who carried out the study must prepare and submit to the board a reserve
fund report in writing in respect of the study setting out the following:
(a) the qualifications of that person to carry out the reserve fund
study and prepare the report;
(b) whether or not the person is an employee or agent of or
otherwise associated with the corporation or any person who performs
management or maintenance services for the corporation;
(c) the findings of the reserve fund study in respect of the
matters referred to in subsections (1) and (2);
(d) any other matters that the person considers relevant.
(4) On receiving the reserve fund report under subsection (3), the board
must, after reviewing the reserve fund report, approve a reserve fund plan
(a) under which a reserve fund is to be established, if one has not
already been established, and
(b) setting forth the method of and amounts needed for funding and
maintaining the reserve fund.
(5) A reserve fund plan approved under subsection (4) must provide that,
based on the reserve fund report, sufficient funds will be available by
means of owners' contributions, or any other method that is reasonable in
the circumstances, to repair or replace, as the case may be, the
depreciating property in accordance with the reserve fund report.
(6) Notwithstanding that a reserve fund plan has been approved under
subsection (4), the corporation must provide to the owners for the owners'
information copies of that approved reserve fund plan prior to the
collection of any funds for the purposes of those matters dealt with in the
reserve fund report on which the approved reserve fund plan was based and
that are to be carried out pursuant that report.
(7) Until such time that a corporation has approved a reserve fund plan
under subsection (4) and has met the requirement under subsection (6) so as
to be eligible to collect funds in respect of the reserve fund, the
corporation may, notwithstanding subsection (6), collect or otherwise
receive funds for a fund that is similar in nature to a reserve fund and
may make expenditures from and generally continue to operate that fund.
When reserve fund study, report and plan must be prepared
24(1) If a corporation is in existence immediately before September 1,
2000, the board must, before September 1, 2002, meet the requirements of
section 23(1) to (6).
(2) If a condominium plan is registered on or after September 1, 2000, the
board must not later than 2 years from the day that the condominium plan is
registered meet the requirements of section 23(1) to (6).
(3) Notwithstanding subsection (1), if a corporation has, within the 5
years before September 1, 2000, completed a study that is the same as or
substantially the same as a reserve fund study, the board must, before
September 1, 2002, meet the requirements of section 23(4) in the same
manner as if that study were a reserve fund study.
When study, report and plan must be prepared re rental units
25 Where on or after September 1, 2000
(a) the certificate of title to each of the units included in a
condominium plan is registered in the name of the same owner or the same
group of owners, and
(b) those units are rented or offered for rent to persons as
tenants who are not purchasers and are not intended to be purchasers,
the board is exempted from preparing a reserve fund study and a reserve
fund plan and maintaining a reserve fund.
When study, report and plan must be prepared re conversions, etc.
26(1) Notwithstanding sections 24 and 25, if the owner
(a) of premises to which section 16 of the Act applies offers those
premises for sale, or
(b) of units to which section 25 applies offers those units for
sale and if as a result of the sale of any of those units section 25 would
no longer apply in respect of those units,
the owner shall not sell any of those premises or units until
(c) a reserve fund study is carried out and a reserve fund report
is prepared in accordance with section 23, and
(d) a reserve fund plan is prepared in accordance with section 23.
(2) The reserve fund report and the reserve fund plan referred to in
subsection (1) must be made available for inspection by any person
purchasing a unit referred to in subsection (1).
Maintenance of reserve fund
27(1) A corporation must maintain the funding of its reserve fund at an
appropriate amount or in an appropriate state so that the requirements of
section 30.1 of the Act continue to be met.
(2) Except for the purposes of paying for repairs to or replacement of
depreciating property, neither a corporation nor any person holding money
or dealing with money on behalf of the corporation is to commingle any
funds that make up the corporation's reserve fund with the corporation's
operating funds or any funds of any other corporation or other entity.
(3) Neither a corporation nor any person holding money or dealing with
money on behalf of the corporation is to commingle any funds that make up
the corporation's reserve fund with the funds that make up any other
corporation's reserve fund.
Repairs, etc. not to be construed as capital improvements
28 For the purposes of this Part and section 30.1 of the Act, a repair to
or replacement of depreciating property that is carried out by a
corporation is not to be construed as a capital improvement if that repair
or improvement is a matter that was included in the current reserve fund
report that was prepared and submitted to the corporation.
Annual report
29(1) Commencing with the fiscal year of a corporation ending after
September 1, 2002, a board must for each fiscal year prepare an annual
report respecting the reserve fund setting out at least the following:
(a) the amount of the reserve fund as of the last day of the
immediately preceding fiscal year;
(b) all the payments made into and out of the reserve fund for that
year and the sources and uses of those payments;
(c) a list of the depreciating property that was repaired or
replaced during that year and the costs incurred in respect of the repair
or replacement of that property.
(2) The annual report prepared under subsection (1) must be made available
by the corporation to the owners for the owners' information before or at
the time that the notice of the next annual general meeting of the
corporation is provided to the owners.
5-year review
30 At the conclusion of 5 years from the day that the most recent reserve
fund plan was approved, the corporation must, in accordance with the same
procedures, requirements and restrictions to which section 23 is subject,
(a) carry out a reserve fund study,
(b) prepare a reserve fund report,
(c) approve the reserve fund plan, and
(d) provide to the owners for the owners' information copies of the
approved reserve fund plan referred to in clause (c) prior to the
collection of any funds for the purposes of those matters dealt with in the
reserve fund report referred to in clause (b) and that are to be carried
out pursuant that report.
Access to reserve fund plan and annual reports
31(1) Notwithstanding that
(a) the most recent reserve fund report,
(b) the most recent reserve fund plan, or
(c) the most recent annual report prepared under section 29
has been provided to the owners under this Regulation, the corporation, on
the written request of an owner, must, within 10 days from the day of
receipt of the written request, provide to that owner a copy of that
reserve fund report, reserve fund plan or annual report, or any one or more
of them, as requested by the owner.
(2) On the written request of a purchaser or a mortgagee of a unit, the
corporation must, within 10 days from the day of receipt of the written
request, provide to the person making the request a copy of
(a) the most recent reserve fund report,
(b) the most recent reserve fund plan, and
(c) the most recent annual report prepared under section 29.
PART 3
PHASED DEVELOPMENT
Application of Part
32 This Part applies with respect to a building or land that is to be
developed in phases under section 14.2 of the Act.
Developments not included under this Part
33(1) In this section, "common property" means common property as defined
in section 11(1)(a) of the Act.
(2) Nothing in this Part is to be construed so as to apply with respect to
the development of a building or land in respect of a condominium plan
under which
(a) bare land units or other units are redivided or modified
pursuant to section 15 of the Act or Part 5, or
(b) an amalgamation of adjacent parcels is carried out pursuant to
Part 4,
whether or not in the process common property is created.
Existing building and land
34 A building or land is not eligible to be developed in phases under
this Part if the building or land is included in a condominium plan that
does not meet the requirements of section 35.
Phased development disclosure statement
35(1) Where a plan is registered as a condominium plan under which a
building or land is to be developed in phases under this Part, the plan, at
the time when it is registered with respect to the initial phase, must be
accompanied by a phased development disclosure statement that is
registered as part of the condominium plan and that sets out at least the
following:
(a) a statement that the building or land is to be developed in
phases;
(b) the maximum number of units to be included in the entire
completed phased project;
(c) the minimum number of units to be included in the entire
completed phased project;
(d) a description of the units and common property included in the
initial phase;
(e) a description of the units and common property to be included
in each of the subsequent phases, including
(i) the number of units or the minimum and maximum
number of units that are to be included in each of those phases;
(ii) the general size of each of the units that are to
be included in each of those phases;
(iii) the extent of the common property and a
description of the improvements to that common property that are to be
included in each of those phases;
(iv) any restrictions or qualifications on the types of
units and common property that are to be included in each of those phases;
(v) a general description of the proposed usage of the
units and the common property that are to be included in each of those
phases;
(f) a description of the proposed physical appearance of each phase
and the architectural compatibility of the phases with each other and the
project as a whole;
(g) if common property in a subsequent phase is to be available for
the use of the owners in the previous phases, an explanation as to when
those facilities will be completed and available to those owners;
(h) the extent to which the developer will contribute to the common
expenses respecting the building and land during the development and sale
of each phase and on the completion and sale of the entire phased project;
(i) the method used to determine the allocation or distribution of
administrative expenses with respect to all of the units in each separate
phase and for all of the units in the entire completed project;
(j) the basis for allocating unit factors in the phased
development, which must be consistent for each phase and the entire phased
project;
(k) the effect on the owners' contributions for administrative
expenses and the corporation's budget if one or more, as the case may be,
of the future phases are not proceeded with;
(l) a certificate of the developer in Form 9 certifying that the
phased development disclosure statement complies with the Act and the
regulations and all the requirements under the Act and the regulations.
(2) Once a phased development disclosure statement is registered, that
phased development disclosure statement is not to be changed by the
developer without the consent of at least 2/3 of the persons, not including
the developer, who are entitled under the Act to vote.
(3) Where a building or land is being developed in phases, the development
must be in accordance with the phased development disclosure statement.
(4) Notwithstanding subsection (2) or (3), to the extent that the
development of a building or land in phases, as provided for under a
registered phased development disclosure statement, does not comply with
the current development scheme, development control by-law, zoning by-law,
land use by-law or any other municipal requirement applicable to that
development, the developer may
(a) change the development to the extent necessary so that the
development complies with the current scheme, by-law or other municipal
requirement, and
(b) change the phased development disclosure statement to reflect
the change referred to in clause (a).
(5) Where a phased development disclosure statement is to be changed under
subsection (2) or (4),
(a) the change does not become effective until the change is
registered, and
(b) the Registrar, on being presented with a certificate of the
developer in Form 10, is to amend the phased development disclosure
statement to reflect the change.
Completion of project
36(1) Where a condominium plan indicates that a building or land may be
developed in phases, all the phases that make up the total development of
the building or land in phases must be registered
(a) within the period of time specified in the phased development
disclosure statement, or
(b) if the phased development disclosure statement does not specify
the period of time within which all the phases that make up the total
development are to be registered, within 6 years from the day that the
condominium plan was registered.
(2) Notwithstanding subsection (1), the developer may, with the agreement
of at least 2/3 of the persons, not including the developer, who are
entitled under the Act to vote, extend or reduce the period of time
referred to in subsection (1).
(3) If
(a) a building or land is to be developed in phases,
(b) one or more phases have been registered, and
(c) the developer does not proceed, or does not intend to proceed,
with one or more of the other phases that were to be part of the
development,
the developer must in writing notify the corporation and the owners that
the phase or phases will not be proceeding.
(4) If
(a) a building or land is to be developed in phases, and
(b) within the time period referred to in subsection (1) or (2),
all the phases that make up the total development are not registered,
the developer, unless the corporation otherwise agrees, is deemed to have
given written notice to the corporation and the owners that the phase or
phases will not be proceeding.
(5) If
(a) under a condominium plan a building or land is to be developed
in phases and
(i) in accordance with the phased development
disclosure statement, or
(ii) under an agreement between the developer and the
corporation
the developer is to transfer facilities and property intended
for common use to the corporation after the registration of one or more
phases, and
(b) within the time provided for in the phased development
disclosure statement or the agreement or, if the time is not so provided
for, within a reasonable time the developer fails to meet the requirement
to transfer the facilities and property intended for common use to the
corporation,
an owner, the corporation or an interested party may bring an action for an
order of the Court directing the developer to carry out that requirement or
for damages arising out of the developer's failure to carry out that
requirement.
(6) If
(a) after the registration of one or more phases in respect of a
building or land that is being developed in phases the developer elects not
to or fails to proceed with one or more other phases that were to have been
included in the development, and
(b) common property that was to have been made available for the
use of the owners in the registered phases was to have been included in the
phases that are not being proceeded with,
either the developer, the corporation or an interested party may apply to
the Court for an order giving directions
(c) as to how the common property may be made available under the
existing circumstances, and
(d) with respect to the provision of that common property, as to
the application of any funds arising from a bond, a letter of credit or
other security that has been provided to secure the provision of that
common property.
(7) If
(a) after the registration of one or more phases in respect of a
building or land that is being developed in phases the developer elects not
to or fails to proceed with one or more other phases that were to have been
included in the development, and
(b) land, on which the phases not being proceeded with were to have
been located, remains part of the condominium plan,
the developer, the corporation or an interested party may apply to the
Court for an order removing the unused land from under the condominium
plan.
(8) In considering an application under subsection (7), the Court may
(a) refuse to grant the order with respect to the land or a portion
of that land that is the subject of the application where the Court is
satisfied that the land or that portion of the land is required for the
purposes of properly finishing or otherwise completing the building or land
that is included in the phases that are registered;
(b) where the Court is satisfied that the land or any portion of
that land that is the subject of the application is not required for the
purposes of properly finishing or otherwise completing the building or land
that is included in the phases that are registered, give directions
directing that that land or that portion of the land be removed from under
the condominium plan;
(c) where the Court is satisfied that the land or any portion of
that land that is the subject of the application is required for the
purposes of properly finishing or otherwise completing the building or land
that is included in the phases that are registered, give directions
respecting the vesting of the title of that land or a portion of that land
in the name of the corporation or the owners of the units;
(d) give any directions that the Court considers appropriate
respecting the transfer of any land that is the subject of the application,
the vesting of ownership in that land, the issuance, cancellation or
modification of any certificate of title to that land, the reallocation of
unit factors and any other matter relating to the transaction.
Court order terminating development
37 Notwithstanding anything in section 36, where a building or land is to
be developed in phases and
(a) the developer, before all the phases that make up the total
development are registered or are otherwise completed, is assigned into
bankruptcy, is adjudged bankrupt or has a receiver of its assets appointed,
or
(b) the developer is unable or unwilling to register or otherwise
complete the project as required under this Part or in accordance with the
phased development disclosure statement,
the developer, the corporation or an interested party may apply to the
Court for an order terminating the development and giving directions or a
determination in respect of any matter arising out of the termination of
the development.
Registration of condominium plan
38(1) Where a plan is to be registered as a condominium plan under which a
building or land is to be developed in phases, the Registrar, on
registering the plan, must, in accordance with sections 3 and 4 of the Act,
(a) in the case of the initial phase or phases that are included in
the initial registration of the plan, issue, in respect of the building or
land included in that phase or those phases, certificates of title for the
units, and
(b) in the case of the remainder of the parcel that is not included
in the registered phase or phases referred to in clause (a), issue, in
respect of the parcel that is not included in the registered phase or
phases, one or more certificates of title for bare land units.
(2) A plan presented for registration as a condominium plan must,
with respect to the building or land that is included in the registered
phase or phases for which certificates of title are to be issued under
sections 3 and 4 of the Act, meet the requirements of sections 6 to 8 of
the Act.
Amendment to plan re subsequent phase
39(1) With respect to the registration of a subsequent phase, on
presentation to the Registrar of the appropriate documentation to amend the
condominium plan to include a subsequent phase, the Registrar is to amend
the condominium plan so that the units, the common property and any
reallocation of unit factors that are the subject of the amendment are
consolidated with the existing registered phases.
(2) An amendment to a condominium plan presented for registration under
this section must, with respect to the building or land that is the subject
of that amendment, meet the requirements of sections 6 to 8 of the Act.
(3) On registering an amendment to a condominium plan under this section,
the Registrar is to
(a) cancel the certificates of title to the bare land units that
were issued under section 38(1)(b) for the real property that is now to be
included in the building or land that is the subject of that amendment, and
(b) issue new certificates of title in accordance with sections 3
and 4 of the Act with respect to the units that are included in the
building or land that is the subject of that amendment.
Restrictions on registration
40 Where an amendment is to be registered amending a condominium plan to
consolidate into the plan a subsequent phase, the Registrar is not to
register any documentation under which certificates of title are to be
issued in respect of that subsequent phase until the Registrar is provided
with a certificate of the developer in Form 11 certifying that the
amendment meets the criteria as set out in the phased development
disclosure statement.
Common property re amendment to plan
41 On the registration of an amendment to a condominium plan under
section 39, the common property included in that amendment becomes common
property for all of the phases that have been registered and the common
property in the previously registered phases becomes common property for
the phase for which the amendment was registered.
Operation of phases under the Act
42 The development in phases of a building or land under a condominium
plan must be carried out in a manner that,
(a) on the registration of the first phase, enables that phase to
function and operate under the Act in the same manner as if all the units
and common property included in that phase were the only units and common
property that were going to be included in that condominium plan, and
(b) on the registration of each subsequent phase, enables the most
recently registered subsequent phase and the previously registered phases
to function and operate under the Act in the same manner as if all the
units and common property included in the registered phases were the only
units and common property that were going to be included in that
condominium plan.
Sale of units
43 Where a building or land is to be developed in phases, a developer, in
addition to providing to a purchaser the information required under
sections 9 and 10 of the Act, must also provide to the purchaser a copy of
the phased development disclosure statement referred to in section 35.
Convening of meeting and election of board
44 With respect to convening a meeting of the corporation for the purpose
of electing a board, on the registration of a condominium plan under which
a building or land is developed in phases, section 24 of the Act applies to
the first phase in the same manner as if that phase contained the only
units and common property that are to be included in the condominium plan.
Easements
45(1) Where an easement is registered against a condominium plan under
which a building or land is being developed in phases, that easement is
deemed to be also registered against the certificate of title for
(a) each unit then existing, and
(b) each unit subsequently created when an amendment to the
condominium plan is registered for the purpose of consolidating a
subsequent phase into the condominium plan.
(2) Notwithstanding subsection (1), if an easement is registered against a
certificate of title of a unit and that easement does not affect the unit,
the Registrar may, on being satisfied that such is in fact the case,
discharge the easement from that certificate of title and endorse the
easement on the condominium plan.
PART 4
AMALGAMATION
Definitions
46 In this Part,
(a) "adjacent parcel" means 2 or more parcels that are adjoining or
are separated only by
(i) a highway as defined in the Highway Traffic Act or
the successor to that Act,
(ii) a right of way for a pipeline,
(iii) a right of way for a public utility as defined in
section 1 of the Municipal Government Act,
(iv) a right of way for a railway, or
(v) 2 or more highways and rights of way referred to in
subclauses (i) to (iv);
(b) "amalgamated condominium plan" means the condominium plan
created out of the amalgamation of 2 or more condominium plans;
(c) "amalgamated corporation" means the corporation created out of
the amalgamation of 2 or more corporations;
(d) "amalgamated parcel" means the parcel created out of the
amalgamation of 2 or more parcels;
(e) "amalgamating condominium plan" means a condominium plan that
is amalgamated, or is proposed to be amalgamated, with one or more other
condominium plans to create an amalgamated condominium plan;
(f) "amalgamating corporation" means a corporation that is
amalgamated, or is proposed to be amalgamated, with one or more other
corporations to create an amalgamated corporation;
(g) "amalgamating parcel" means a parcel that is amalgamated, or is
proposed to be amalgamated, with one or more other parcels to create an
amalgamated parcel.
Authority to amalgamate
47(1) Two or more adjacent parcels that are the subject of condominium
plans may, in accordance with this Part, be amalgamated so that the
amalgamating parcels become one amalgamated parcel.
(2) Where 2 or more adjacent parcels are amalgamated, the condominium
plans registered and the corporations existing in respect of each of those
amalgamating parcels are, in accordance with this Part, amalgamated so that
(a) the amalgamating condominium plans become one amalgamated
condominium plan, and
(b) the amalgamating corporations become one amalgamated
corporation.
Pre-amalgamation meeting
48(1) Where it is proposed that 2 or more adjacent parcels be amalgamated,
each amalgamating corporation shall convene a meeting of its owners for the
purpose of presenting to the owners the proposal respecting the
amalgamation of the parcels.
(2) A notice of a meeting convened under this section must, at least 30
days before the day on which the meeting is to be held, be given to
(a) all the owners, and
(b) all registered mortgagees.
Amalgamation disclosure statement
49 Prior to or at the time of giving notice of a meeting under section
48, the corporation must provide to the persons entitled to notice under
section 48 a copy of an amalgamation disclosure statement setting out at
least the following:
(a) a description of the proposed amalgamated parcel;
(b) a plan that sets out the location of buildings, structures,
roadways, walkways, parking areas, pools, patios and similar items located
on the proposed amalgamated parcel;
(c) the method of selection of the board as provided for under the
proposed by-laws;
(d) the proposed amalgamated condominium plan;
(e) the current financial statement of each of the amalgamating
corporations, including the assets and liabilities of the amalgamating
corporations;
(f) the proposed reallocation of unit factors;
(g) the reserve funds of each of the amalgamating corporations;
(h) the proposed amount of the reserve fund of the proposed
amalgamated corporation;
(i) the proposed by-laws of the proposed amalgamated corporation;
(j) the proposed new contributions, if any, that are to be levied
(i) for the administrative expenses, and
(ii) for the reserve fund as defined in section
21(1)(d),
of the proposed amalgamated corporation.
Resolutions of the owners
50(1) An amalgamation of parcels is not to take place unless a special
resolution of each corporation is in force
(a) approving the amalgamation of the parcels, and
(b) approving the proposed by-laws of the proposed amalgamated
corporation.
(2) A special resolution referred to in subsection (1) may include any
terms or conditions respecting the amalgamation
(a) that must be met before the amalgamation may proceed, or
(b) to which the amalgamation is subject.
(3) Where 2 or more amalgamating corporations pass special resolutions
referred to in subsection (1), the special resolutions are inoperative
unless the proposed by-laws approved by each of the special resolutions are
identical.
Registration
51(1) In order for an amalgamation of adjacent parcels to be registered,
the Registrar must be provided with
(a) the documents, properly executed, setting out the special
resolutions passed in respect of each of the amalgamating parcels,
(b) a plan showing the amalgamation of the amalgamating condominium
plans, and
(c) the by-laws referred to in section 50(1)(b).
(2) The plan referred to in subsection (1)(b) must
(a) set out the amalgamating condominium plans;
(b) show the numbering and location of the units in relation to
each other and the common property;
(c) include a table setting out
(i) the old unit numbers and the new unit numbers,
(ii) the unit factors, and
(iii) the floor or ground area of the units;
(d) set out the method by which the unit factors were calculated;
(e) set out the address for service of the amalgamated corporation;
(f) contain an acknowledgment by each of the amalgamating
corporations that the information contained in the plan is accurate;
(g) set out the name of the person who prepared the plan;
(h) set out any other information as may be required by the
Registrar.
(3) On the registration of the documents referred to in subsection (1),
the Registrar
(a) must register a new amalgamated condominium plan that is
comprised of the amalgamating condominium plans;
(b) must issue a new condominium plan number for the amalgamated
corporation;
(c) must cancel the amalgamating condominium plans;
(d) must cancel the existing certificate of title of each of the
owners and issue in the name of the owner a new certificate of title that
(i) sets out the new unit factors applicable to that
unit, and
(ii) is subject to the encumbrances that were registered
against the certificate of title that was cancelled;
(e) may add additional sheets to the amalgamated condominium plan
in order to contain the information relating to the amalgamated condominium
plan;
(f) may make on the amalgamating condominium plans and amalgamated
condominium plan whatever notations that are required in the opinion of the
Registrar to give effect to the amalgamation.
(4) On the registration of the documents referred to in subsection (1),
(a) the amalgamating parcels are amalgamated into one amalgamated
parcel,
(b) the amalgamating condominium plans are amalgamated into one
amalgamated condominium plan,
(c) the amalgamating corporations are amalgamated into one
amalgamated corporation under the name "Condominium Corporation No. ",
and
(d) the proposed by-laws referred to in section 50(1)(b) become the
by-laws of the amalgamated corporation.
Amalgamated corporation
52(1) On the amalgamation of the amalgamating corporations into an
amalgamated corporation,
(a) the boards of the amalgamating corporations cease to exist,
and
(b) the persons who were the members of the boards of the
amalgamating corporations become the interim board of the amalgamated
corporation.
(2) The interim board holds office until a meeting of the amalgamated
corporation is convened and a board is elected.
Notification of amalgamation
53 On the amalgamation of 2 or more amalgamating parcels into an
amalgamated parcel, the amalgamated corporation must notify the following
persons of the amalgamation:
(a) all the owners;
(b) all the insurers who were insurers of the amalgamating
corporations;
(c) all the creditors of the amalgamating corporations;
(d) all the mortgagees who have mortgages registered against the
certificates of title to the units;
(e) the municipal authority within which the amalgamating parcels
are located.
Meeting of corporation
54 Within 6 months from the day that the Registrar registers the
amalgamation of 2 or more amalgamating parcels, the amalgamated corporation
must, for the purpose of electing a board, convene a meeting of the persons
who are entitled under the Act to vote.
Capital replacement reserve fund
55 For the purposes of Part 2,
(a) where, with respect to an amalgamated corporation, one or more
of the amalgamating corporations existed immediately before September 1,
2000, the amalgamated corporation is considered to be a corporation that
came into existence before September 1, 2000, or
(b) where, with respect to an amalgamated corporation, none of the
amalgamating corporations existed before September 1, 2000, the amalgamated
corporation is considered to be a corporation that came into existence on
or after September 1, 2000.
Assumption of obligations
56 On the amalgamation of 2 or more amalgamating corporations, the
amalgamated corporation
(a) assumes all the obligations, rights and property of the
amalgamating corporations, and
(b) becomes a party to any legal proceeding in existence at the
time of the amalgamation to which an amalgamating corporation was a party.
PART 5
MODIFICATION OF CONDOMINIUM PLANS
Application of Part
57(1) This Part applies to a modification of a condominium plan provided
for under section 15(1.1) of the Act.
(2) A reference in this Part to a plan of consolidation is a reference to
a plan of redivision under section 15 of the Act under which 2 or more
units are consolidated into one consolidated unit.
Notification of consolidation of units
58(1) The owners who wish to consolidate 2 or more units into one
consolidated unit must
(a) give notice of the proposed consolidation to the board and to
the holders of any interests registered against the certificates of title
to the units,
(b) provide to the board any documentation and information that the
board may reasonably request that relates to the proposed consolidation,
(c) if the external boundaries of the proposed consolidated unit
are to be different than the external boundaries of the existing units that
are being consolidated as shown on the existing condominium plan, provide
to the board a plan of consolidation provided by a land surveyor setting
out the location of the external boundaries of the proposed consolidated
unit,
(d) provide to the board all the appropriate consolidation
documents and approvals, and
(e) obtain the approval of the board for the consolidation.
(2) For the purposes of this section,
(a) a reference to the external boundaries of the existing units is
a reference to the external boundaries other than those portions of those
boundaries that will, on the consolidation taking place, be contained
entirely within the consolidated unit, and
(b) a reference to a land surveyor is a reference to a person
referred to in section 8(1)(b)(i) of the Act.
Common property
59 If common property is affected by the consolidation of the units,
section 40 of the Act applies in respect of the consolidation of the units
insofar as the consolidation affects the common property.
Registration of consolidation
60(1) On the registration
(a) of a certificate in Form 12 indicating the board's approval of
the consolidation of the units, and
(b) where required under section 58, of the plan of consolidation
referred to in section 58(1)(c),
the Registrar is to amend the condominium plan so that the units are
consolidated into one unit.
(2) Notwithstanding subsection (1), the Registrar shall not amend a
condominium plan unless any encumbrances registered against the
certificates of title to the units that are the subject of the
consolidation are identical or the holder of each encumbrance has given a
consent to the consolidation.
PART 6
INSURANCE
Perils to be insured against
61(1) For the purposes of section 38(1)(a), (a.1) and (b) of the Act, a
corporation must place and maintain insurance against the following perils:
(a) fire;
(b) leakage from fire protective equipment;
(c) lightning;
(d) smoke;
(e) windstorm;
(f) hail;
(g) explosion of natural, coal or manufactured gas;
(h) water damage caused by flood;
(i) water damage caused by sewer back-up or the sudden and
accidental escape of water or steam from within a plumbing, heating,
sprinkler or air conditioning system or a domestic appliance that is
located within an insured building;
(j) impact by aircraft, spacecraft, watercraft and land vehicles;
(k) riot, vandalism or malicious acts;
(l) any other perils as required in the by-laws.
(2) Notwithstanding subsection (1), in respect of a bare land unit, a
corporation is, unless the by-laws provide otherwise, required to place and
maintain insurance against only those perils referred to in subsection (1)
(a) to which the bare land unit may be at risk, or
(b) to which the property for which the corporation is responsible
may be at risk.
(3) Notwithstanding subsection (1)(h), for the purposes of section
38(1)(a), (a.1) and (b) of the Act the peril referred to in subsection
(1)(h) is excluded where coverage against that peril is not available for
the property being insured.
(4) The perils referred to in subsection (1)(a) to (k) refer to those
perils covered by standard insurance policies and as customarily understood
in the insurance industry.
Amount of insurance
62 Property that is insured as required pursuant to section 38 of the Act
must be insured for replacement value subject to any reasonable deductible
that is agreed to by the board and the insurer.
PART 7
PURCHASER'S PROTECTION PROGRAMS
Definitions
63 In this Part,
(a) "common property" means common property to which section 11 of
the Act applies;
(b) "cost consultant" means a cost consultant referred to in
section 11(1)(b) of the Act;
(c) "program provider" means a person who operates a purchaser's
protection program;
(d) "purchaser's protection program" means a plan, agreement,
scheme or arrangement that meets the requirements referred to in section
67.
Application of Part
64(1) This Part applies only to loss by a purchaser resulting from a
developer's failure to complete the construction of units and the related
common property or either of them.
(2) Nothing in this Part is to be construed so as to limit or restrict the
rights of a purchaser under a purchase agreement or that the purchaser
otherwise has at law.
Approval of Minister
65 The Minister will only consider a purchaser's protection program for
approval under section 11(10) of the Act if that program meets the
requirements of this Part.
Purchaser's protection program having general application
66(1) Once a purchaser's protection program that is intended to be of
general application is approved by the Minister, any developer who comes
under that program may apply that program in respect of any of that
developer's property that is governed by the Act if that property is
enrolled in that program.
(2) Notwithstanding subsection (1), if after a purchaser's protection
program is approved by the Minister a significant change is to be made to
that program, that change must be approved by the Minister under section
11(10) of the Act before it is incorporated into that program.
(3) A purchaser's protection program referred to in subsection (1) is not
to be applied in respect of any property that is governed by the Act until
there has been published in Part I of The Alberta Gazette
(a) a notice summarizing the terms and conditions of the program,
and
(b) a notice of the approval of the program by the Minister.
Requirements of a purchaser's protection program
67(1) In this section, "purchase money" means all or any portion of the
money paid to a developer by a purchaser for the purchase of a unit.
(2) In order to qualify as a purchaser's protection program that may be
approved by the Minister under section 11(10) of the Act, the program must
be
(a) a plan, agreement, scheme or arrangement that,
(i) in respect of a unit being purchased, provides for
the receipt, handling and disbursement of the purchase money and under
which the money is to be paid to and held by a third party and is to be
disbursed by that third party to the developer, based on the progress of
construction of the unit and the related common property as determined by a
cost consultant, and
(ii) provides for the refund to the purchaser of
undisbursed purchase money in the event of the developer's failure to
complete the construction of the unit or the related common property or
both,
(b) a plan, agreement, scheme or arrangement that provides for an
indemnity under which the program provider agrees to indemnify a purchaser
of a unit against the loss of the purchaser's money, where that loss is
incurred as a result of the developer's failure to complete the
construction of the unit or the related common property or both, or
(c) a plan, agreement, scheme or arrangement that provides for the
program provider, at the option of the program provider, to either
(i) refund to the purchaser of a unit the purchase
money, where the purchaser suffers loss as a result of the developer's
failure to complete the construction of the unit or the related common
property or both in accordance with the purchase agreement, or
(ii) complete the unit and its proportionate share of
the related common property in accordance with the purchase agreement where
the unit and the related common property have not been completed as a
result of the developer's failure to complete the construction of the unit
or the related common property or both in accordance with the purchase
agreement.
(3) A purchaser's protection program referred to in subsection (2) is
subject to the terms, conditions, exceptions, exclusions and limitations
approved by the Minister as set out in the certificate issued under section
69.
Form of purchaser's protection program
68 A purchaser's protection program may be in the form of a warranty
program, an irrevocable letter of credit, a performance bond, a bond or a
similar financial instrument issued by a financial institution, insurance
company or a program provider, as the case may be.
Certificate of sponsor
69(1) A purchaser's protection program must provide that where a purchaser
enters into a purchase agreement with a developer for the purchase of a
unit, the program provider must, subject to subsection (2), provide to the
purchaser a certificate setting out at least the following:
(a) that the purchaser's protection program, together with any
amendments to it, has been approved by the Minister in accordance with the
Act and this Regulation;
(b) the name and address of the program provider;
(c) that the developer is enrolled under the program;
(d) that the property being purchased is enrolled in the program;
(e) the date on which the benefits provided for under the program
take effect;
(f) the date on which the benefits provided for under the program
terminate or the method by which that date is fixed or is to be fixed;
(g) in the case of a purchaser's protection program of the type
referred to in section 67(2)(a),
(i) the name of the party responsible for the receipt,
handling and disbursement of the money,
(ii) the terms and conditions governing the receipt,
handling and disbursement of the money, and
(iii) any exceptions or exclusions that would limit the
liability of the sponsor, including, without restriction, any monetary
limits or time limits;
(h) in the case of a purchaser's protection program of the type
referred to in section 67(2)(b) or (c),
(i) the circumstances under which the purchaser's
protection program may be relied on, and
(ii) any exceptions or exclusions that would restrict a
purchaser's ability to rely on the purchaser's protection program,
including, without restriction, any monetary limits or time limits.
(2) A program provider must provide a certificate under subsection (1) to
a purchaser forthwith after the program provider has been notified that the
purchase agreement has been entered into.
PART 8
AMENDMENT OF CONDOMINIUM PLANS
To be amended in accordance with this Part
70 Except as otherwise provided for under the Act or this Regulation, a
condominium plan may only be amended in accordance with this Part.
Amendments by corporations
71(1) A corporation may register an amendment to a condominium plan to
amend that condominium plan if the following requirements have been
complied with:
(a) a special resolution of the corporation has been passed and is
in force approving the amendment;
(b) in the case of an amendment that relates to
(i) any alteration of the boundaries of the parcel, the
amendment is endorsed with or accompanied by a certificate of a land
surveyor stating
(A) that the altered boundaries have been
established or re-established in accordance with the Surveys Act, and
(B) that there are not any projections from
other property infringing on the altered boundaries or, if there are
projections from other property infringing on the altered boundaries, an
appropriate easement exists in respect of the parcel for those projections,
or
(ii) a change to the location of a building or a portion
of a building as shown on the condominium plan, the amendment is endorsed
with or accompanied by a certificate of a land surveyor stating that the
building or a portion of the building as shown on the condominium plan as
amended is within the external boundaries of the parcel that is the subject
of the condominium plan and, if any projections project beyond those
external boundaries, that an appropriate easement has been granted as an
appurtenance to the parcel;
(c) in the case of an amendment that relates to a change in the
units, the amendment is endorsed with or accompanied by a certificate of an
architect, engineer or land surveyor stating that the change to the units
as provided for in the amendment has in fact taken place or will become
effective on the registration of the amendment;
(d) in the case of an amendment that relates to a change in the
common property, the amendment is endorsed with or accompanied by a
certificate of an architect, engineer or land surveyor stating that the
change to the common property as provided for in the amendment has in fact
taken place or will become effective on the registration of the amendment;
(e) in the case of an amendment that relates to a matter that needs
the approval of the municipal authority, the amendment is endorsed with or
accompanied by a certificate of the municipal authority or of a person
designated by the municipal authority stating that the approval has been
given by the municipal authority;
(f) the Court has by an order made under subsection (5) approved
the amendment;
(g) that any conditions imposed by the Court under subsection (5)
have been complied with.
(2) For the purpose of amending a condominium plan under this section,
the corporation may apply to the Court for an order approving the amendment
to the condominium plan.
(3) Where the corporation applies for an order approving an amendment, the
corporation must, unless otherwise directed by the Court, give notice of
the application to the owners and to each holder of a registered
encumbrance.
(4) Where the Court is of the opinion that the nature of the amendment to
the condominium plan is such that a certificate required under subsection
(1) is not necessary, the Court may waive that requirement.
(5) On an application under subsection (2), the Court may, if it is
satisfied that the interests of the persons to whom notice of the
application is given will not be unfairly prejudiced, make an order
(a) approving the amendment to the condominium plan;
(b) imposing any conditions in respect of the order that the Court
considers appropriate in the circumstances;
(c) awarding costs in respect of the application.
(6) On presentation of the order of the Court made under subsection (5),
the Registrar is to amend the condominium plan in accordance with the
order.
Doors and windows
72(1) In this section, "doors and windows" means doors and windows as
referred to in section 7(2.1) of the Act.
(2) Notwithstanding section 7(2) of the Act or section 71 of this
Regulation, if
(a) immediately prior to September 1, 2000 the doors and windows of
a unit that are located on the exterior walls of the unit were part of the
unit, and
(b) by virtue of section 7(2) of the Act, on September 1, 2000 the
doors and windows referred to in clause (a) became part of the common
property,
the corporation before September 1, 2002 may, by a special resolution,
amend the condominium plan so that doors and windows referred to in clause
(b) cease being part of the common property and become a part of the unit.
(3) On presentation of a special resolution passed pursuant to subsection
(2), the Registrar is to amend the condominium plan so that the doors and
windows that are the subject of the special resolution are part of the
unit.
Documen-
tation must be completed
73 Where this Regulation or the Act provides that a condominium plan may
be amended, the Registrar is to amend the condominium plan on being
provided with the appropriate documentation that is completed in a manner
acceptable to the Registrar.
PART 9
MISCELLANEOUS
Fees under the Land Titles Act
74 The fees payable to the Registrar in respect of matters under the Act
are the fees payable to the Registrar under the Tariff of Fees Regulation
(AR 120/2000) or as otherwise provided for under an enactment.
Fee payable to a municipality
75 A municipal authority may require the payment of a fee of not more
than $40 per unit when application is made to the municipal authority for
the certificate referred to in section 8(1)(b)(ii) of the Act.
Rate of interest re contributions
76 The rate of interest that may be charged by a corporation under
section 32 of the Act on any unpaid balance of a contribution owing to the
corporation by an owner shall not be greater than 18% per annum.
Mediation and arbitration
77 If the parties to a dispute referred to in section 61.1 of the Act
wish to deal with the dispute under section 61.1 of the Act but are unable
to agree on a mediator or an arbitrator, as the case may be, the Alberta
Arbitration and Mediation Society is, subject to any agreement between the
parties, authorized to appoint a person as a mediator or an arbitrator in
respect of that dispute.
Builders' liens
78 For the purposes of section 70(2) of the Act, on the registration of a
statement of lien against a condominium plan, the Registrar must send a
notice of that registration to the corporation but is not required to send
notice of that registration to the owners of the units.
PART 10
TRANSITIONAL PROVISIONS, REPEALS,
EXPIRY AND COMING INTO FORCE
Transitional provisions re insurance
79(1) For the purposes of section 38(1)(a), (a.1) and (b) of the Act, a
corporation must before March 1, 2001 place insurance against the perils
referred to in section 61(1)(a) to (l).
(2) Notwithstanding subsection (1), if a corporation carries insurance
under an existing insurance policy issued in respect of matters referred to
in section 38(1)(a), (a.1) and (b) of the Act as those provisions read
immediately before being amended by the Condominium Property Amendment Act,
1996, the corporation may continue to carry that insurance until the
renewal date of that policy, at which time the corporation must, for the
purposes of section 38(1)(a), (a.1) and (b) of the Act, place insurance
against the perils referred to in section 61(1)(a) to (l).
Repeal
80 The General Regulation (AR 89/85) is repealed.
Expiry
81 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, 2005.
Coming into force
82 This Regulation comes into force on September 1, 2000.
S C H E D U L E
FORM 1
Condominium Property Act
Section 6(1)(f), (f.1) and (g)
Schedule of Unit Factors and Areas
Unit Number Unit Factor Approximate
Floor Area
(Or Approximate Ground Area of Unit, in the
case of bare land units)
================================================
================================================
Total
The basis for determining unit factors is as follows:
FORM 2
Condominium Property Act
Section 11 of the Condominium Property Regulation
Certificate of Title
THIS IS TO CERTIFY that is the owner of an estate
(describe nature of estate) in Unit No. in Condominium Plan No.
and shares in the common property, excepting thereout all mines and
minerals, and is subject to the encumbrances, liens and interests endorsed
on this certificate of title and on the Condominium Plan, or which may
hereafter be made in the register.
In witness whereof I have subscribed my name and affixed my official
seal this day of , .
(Registrar)
FORM 3
Condominium Property Act
Section 26
Notice of Change of By-laws
Condominium Corporation No. hereby certifies that, by a special
resolution passed on , the by-laws of the corporation were
added to, amended or repealed as follows:
(set out terms of
resolution)
The seal of Condominium Corporation No. was affixed on
in the presence of ___________________________.
Director (Corporate Seal)
FORM 4
Condominium Property Act
Section 40(4)
Certificate of Corporation
Condominium Corporation No. hereby certifies that the owners of the
units in the condominium plan have, by special resolution properly passed,
directed the corporation to execute the instrument hereunder recited and
that all persons having registered interests in the parcel and all other
persons having interests (other than statutory interests) which have been
notified to the corporation have consented in writing to the release of
those interests in respect of the land comprised in the instrument+ and the
instrument conforms with the terms of that resolution.
# Instrument dated to of .
The seal of Condominium Corporation No. was affixed on in
the presence of _______________________________.
___________________
Director (Corporate Seal)
+ If, in the case of a lease, interested parties have approved in
writing of the execution of the lease but have not consented in writing to
the release of their interests in respect of the demised land, delete the
words "have consented in writing to the release of those interests in
respect of the land comprised in the instrument" and substitute the words
"have approved in writing of the instrument".
# Insert a description of the nature and date of the instrument, the
names of the parties to it and a brief description of the land disposed of.
FORM 5
Condominium Property Act
Section 53(1)
Notice of Termination of Condominium Status
Condominium Corporation No. hereby certifies that the condominium
status of the building or parcel has been terminated.
Annexed hereto is
+ a certified copy of the special resolution of the owners pursuant
to section 51 of the Condominium Property Act.
# a certified copy of the order made by the Court of Queen's Bench
pursuant to section 52 of the Condominium Property Act.
The seal of Condominium Corporation No. was affixed on
in the presence of _____________________________.
Director (Corporate Seal)
+ delete if inappropriate
FORM 6
Condominium Property Act
Sections 43(4) and 54(4)
Certificate of Corporation
Condominium Corporation No. hereby certifies that the owners of the
units in the Condominium Plan have, by special resolution properly passed,
directed the Corporation to execute the instrument hereunder recited and
that all persons having registered interests in the parcel and all other
persons having interests (other than statutory interests) which have been
notified to the corporation have consented in writing to the release of
those interests in respect of the land comprised in the instrument.
+ Instrument dated to of .
The seal of Condominium Corporation No. was affixed on
in the presence of ____________________.
Director (Corporate Seal)
+ Insert a description of the nature and date of the instrument, the
names of the parties to it and a brief description of the land disposed of.
FORM 7
Condominium Property Act
Section 65(2)
Address for Service
Condominium Corporation No. hereby gives notice that by a
resolution of the board dated it has designated
as the address at which documents may be served on the Corporation.
The seal of Condominium Corporation No. was affixed on
in the presence of ________________________________.
Director (Corporate Seal)
FORM 8
Condominium Property Act
Section 23(2)
Notice of Change of Directors
Condominium Corporation No. hereby gives notice that effective
on the day of , the following persons are the
directors of the board of Condominium Corporation No. :
NAME ADDRESS
The seal of Condominium Corporation No. was affixed on
in the presence of ____________________________.
Director (Corporate Seal)
FORM 9
Condominium Property Act
Section 35(1)(l) of the
Condominium Property Regulation
Certificate of Developer
I, ____________________, hereby certify that the phased development
disclosure statement complies with
(a) the Condominium Property Act and the Condominium Property
Regulation, and
(b) all the requirements under the Condominium Property Act and the
Condominium Property Regulation.
Dated: ____________________ ____________________
Developer
FORM 10
Condominium Property Act
Section 35(5) of the
Condominium Property Regulation
Certificate of Developer
I, ,
hereby certify that at least 2/3 of the persons, not including the
developer, who are entitled under the Condominium Property Act to vote have
by resolution consented to the phased development disclosure statement
being changed as follows:
or
as shown on the attached Appendix
OR
I, ,
hereby certify that in order for the development to comply with the current
development scheme, development control by-law, zoning by-law, land use
by-law or other municipal requirement applicable to that development, the
phased development disclosure statement must be changed as follows:
or
as shown on the attached Appendix
Dated:
Developer
FORM 11
Condominium Property Act
Section 40 of the
Condominium Property Regulation
Certificate of Developer
With respect to the phase that is the subject of amendment numbered
to Condominium Plan No. , I, , certify
that
(a) the phase meets the criteria as set out in the phased
development disclosure statement, and
(b) where common property located in that phase is to be available
for the use of the owners in the previously completed phases for which
certificates of title have been issued, that common property is completed
and meets the requirements set out in the phased development disclosure
statement.
Dated: ___________________ ___________________
Developer
FORM 12
Condominium Property Act
Section 60 of the Condominium Property Regulation
Certificate of Corporation
Condominium Corporation No. hereby certifies that on the board
approved of the consolidation of units and .
The seal of Condominium Corporation No. was affixed on in
the presence of _______________________________.
___________________
Director (Corporate Seal)
Alberta Regulation 169/2000
Religious Societies' Land Act
RELIGIOUS SOCIETIES' LAND REGULATION
Filed: August 9, 2000
Made by the Lieutenant Governor in Council (O.C. 307/2000) on August 9,
2000 pursuant to section 26 of the Religious Societies' Land Act.
Table of Contents
Definition 1
Forms 2
Fee 3
Document 4
Repeal 5
Expiry 6
Schedule
Definition
1 In this Regulation, "Act" means the Religious Societies' Land Act.
Forms
2 The forms contained in the Schedule are the forms prescribed for the
purposes of those provisions of section 11 of the Act that are indicated on
them.
Fee
3 The fee payable under section 12(1) of the Act is $50.
Document
4 For the purposes of sections 12(1.1) and 22(1) of the Act, the document
prescribed is an original "Alberta Search Report" from the NUANS (Newly
Upgraded Automated Name Search) System maintained by Industry Canada, dated
not more than 90 days prior to the submission of the report.
Repeal
5 The Religious Societies' Land Regulation (AR 202/84) is 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 June 1, 2005.
SCHEDULE
FORM 1
RELIGIOUS SOCIETIES' LAND ACT (Section 11(2) and (3))
DECLARATION OF INCORPORATION UNDER
THE RELIGIOUS SOCIETIES' LAND ACT
1 The name proposed for the incorporated congregation is
2 The (title of the specific congregation of the church or religious
denomination) wishes to incorporate under the Religious Societies' Land
Act.
3 The religious denomination, church and/or governing body to which the
congregation belongs is
4 The persons who, according to the rules of the congregation, are
entitled to vote on church business are
5 The officers who are to exercise the powers of the corporation in any
dealing with its property are
6 The rules to be complied with before any of the property of the
congregation may be dealt with by the officers are as follows:
7 (number) members are to constitute a quorum of the congregation
entitled to transact any business of the congregation.
8 The information about members of the congregation that is required by
regulations under the Agricultural and Recreational Land Ownership Act and
section 35 of the Citizenship Act (Canada) is as follows:
9 Other information, if any:
(Signature of chair of meeting at which declaration was passed)
(Signature of secretary of that meeting)
FORM 2
RELIGIOUS SOCIETIES' LAND ACT (Section 11(3))
AFFIDAVIT
I , of
in the Province of Alberta, make oath and say:
1 That I hold the office of (set out office) in the congregation
of (name of congregation) and have personal knowledge of the facts stated
below.
2 That the foregoing (or annexed) declaration of incorporation was
passed at a duly constituted meeting of the congregation held at (place of
meeting) on (date of meeting) , 20 .
3 The meeting referred to in paragraph 2 was held after due notice
of the time, place and object of the meeting was given, and the transaction
involving the incorporation of the congregation was effected in good faith.
Sworn before me at ______ )
in the Province of Alberta )
this ____ day of ________, ) Signature of officer of congregation
20______ )
)
)
A Commissioner for Oaths in and for the
Province of Alberta.
------------------------------
Alberta Regulation 170/2000
Local Authorities Election Act
MODIFIED VOTING PROCEDURE REGULATION
Filed: August 9, 2000
Made by the Lieutenant Governor in Council (O.C. 308/2000) on August 9,
2000 pursuant to section 161 of the Local Authorities Election Act.
Table of Contents
Designating locations 1
Appointing deputies 2
Repeal 3
Expiry 4
Designating locations
1 Notwithstanding section 37 of the Local Authorities Election Act, the
returning officer of an elected authority that has passed a by-law in
accordance with section 161(2) of the Act may designate the locations of
more than one voting station for a voting subdivision.
Appointing deputies
2 Notwithstanding section 80(1)(a) and (2) of the Local Authorities
Election Act, if an elected authority has passed a by-law in accordance
with section 161(2) of the Act to define lodge accommodation as a home,
including a self-contained housing unit, for the use of persons of advanced
years who are not suffering from any chronic disease that incapacitates
them and may or may not be capable of or desirous of maintaining their own
housing accommodation, the returning officer may appoint the number of
deputies that the returning officer considers necessary to take the votes
of those persons on the day the advance vote is held and on election day.
Repeal
3 The Modified Voting Procedure Regulation (AR 123/87) 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 October 31, 2003.
------------------------------
Alberta Regulation 171/2000
Municipal Government Act
CAPITAL REGION ASSESSMENT SERVICES COMMISSION
AMENDMENT REGULATION
Filed: August 9, 2000
Made by the Lieutenant Governor in Council (O.C. 310/2000) on August 9,
2000 pursuant to section 602.02 of the Municipal Government Act.
1 The Capital Region Assessment Services Commission Regulation (AR 77/96)
is amended by this Regulation.
2 The Schedule is amended by striking out "The Town of Tofield".
Alberta Regulation 172/2000
Employment Pension Plans Act
EMPLOYMENT PENSION PLANS AMENDMENT REGULATION
Filed: August 9, 2000
Made by the Lieutenant Governor in Council (O.C. 311/2000) on August 9,
2000 pursuant to section 62 of the Employment Pension Plans Act.
1 The Employment Pension Plans Regulation (AR 35/2000) is amended by this
Regulation.
2 Section 6 is amended
(a) in subsection (1)
(i) by striking out "$6" and substituting "$4.50";
(ii) by striking out "$100" and substituting "$70";
(iii) by striking out "$10 000" and substituting "$7
000";
(b) in subsection (2) by striking out "$500" and substituting
"$250";
(c) in subsection (3) by striking out "$100" and substituting
"$70".
------------------------------
Alberta Regulation 173/2000
Government Organization Act
COMMUNITY DEVELOPMENT GRANTS AMENDMENT REGULATION
Filed: August 9, 2000
Made by the Lieutenant Governor in Council (O.C. 312/2000) on August 9,
2000 pursuant to section 13 of the Government Organization Act.
1 The Community Development Grants Regulation (AR 57/98) is amended by
this Regulation.
2 Section 12(1) is amended by striking out "and" at the end of clause (b)
and by adding the following after clause (b)
(b.1) the Housing Grants Regulation (AR 204/84), and
3 The following is added after Schedule 3:
SCHEDULE 4
ENHANCED HOME ADAPTATION PROGRAM GRANTS
1 In this Schedule,
(a) "dependent" means an individual who is related to the
homeowner, tenant or spouse and
(i) is under 18 years of age and wholly dependent on
the homeowner, tenant or spouse, or
(ii) is 18 years of age or over and dependent on the
homeowner, tenant or spouse by reason of mental or physical infirmity;
(b) "dwelling unit" means a building, mobile home or suite of rooms
used or intended to be used as a domicile for long-term continuing use by
one or more persons that contains cooking, eating, living, sleeping and
sanitary facilities;
(c) "homeowner" means a Canadian citizen or a person lawfully
admitted to Canada for permanent residence who is
(i) registered in a land titles office as an owner of
an estate in fee simple in a principal residence,
(ii) registered in a land titles office as an owner as
defined in the Condominium Property Act of a residential unit as defined in
the Condominium Property Act,
(iii) a purchaser of a principal residence whose interest
is shown on the certificate of title to the principal residence,
(iv) a tenant for life of a principal residence,
(v) an owner of a mobile home that is a principal
residence,
(vi) a member of a housing co-operative that is an
association as defined in the Co-operative Associations Act, or
(vii) designated by the Minister to be an owner of a
principal residence;
(d) "hostel unit" means accommodation for long-term continuing use
by one or more persons that provides any but not all of the following:
(i) sleeping facilities;
(ii) sanitary facilities;
(iii) food preparation facilities;
(e) "household income", in respect of a principal residence, means
the gross income received from all sources by
(i) an applicant for a grant under this Schedule,
(ii) the spouse of the applicant, and
(iii) any other homeowner or tenant,
who reside in the principal residence, less any deductions that
the Minister considers appropriate, but does not include any income that
the Minister considers to be exempt;
(f) "landlord" means a person
(i) who
(A) is registered in a land titles office
as owner of an estate in fee simple with respect to one or more dwelling
units or hostel units,
(B) is the purchaser of one or more
dwelling units or hostel units whose interest as a purchaser is shown on
the certificate of title to the land on which the units are located, or
(C) is registered in a land titles office
as an owner, as defined in the Condominium Property Act, of a residential
unit, as defined in the Condominium Property Act,
and
(ii) who obtains or intends to obtain income from
renting one or more dwelling units or hostel units to wheelchair users who,
in the opinion of the Minister, are not members of the landlord's immediate
family;
(g) "mobile home" means a structure, whether equipped with wheels
or not, that
(i) is constructed or manufactured to be moved from one
point to another, and
(ii) is intended to be permanently occupied,
but does not include a holiday trailer or a recreational
vehicle;
(h) "modification" means any modification described in section 7;
(i) "principal residence" means a residence in Alberta in which a
person resides permanently and that consists of
(i) a dwelling unit, including a garage, if any, and
the land immediately appurtenant to the dwelling unit that is used in
connection with the dwelling unit, or
(ii) a hostel unit;
(j) "spouse" means
(i) the legal spouse of a homeowner or tenant, or
(ii) if a homeowner or tenant does not have a legal
spouse, the person who, at the time the homeowner or tenant becomes
eligible for a grant under this Schedule and during the year immediately
preceding that time, lived and manifested an intention of continuing to
live together permanently with the homeowner or tenant as husband and wife
even though they are not married,
but does not include a spouse who is living separate and apart
from the homeowner or tenant by reason of a court order or a legally
enforceable separation agreement;
(k) "tenant" means an individual who occupies a dwelling unit or
hostel unit and pays rent to the owner or lessor of that property, but does
not include an individual if
(i) the individual occupies a dwelling unit and is, in
the opinion of the Minister, a member of the immediate family of the owner
or lessor of the dwelling unit, and
(ii) the owner or lessor of the dwelling unit also lives
in the dwelling unit;
(l) "wheelchair user" means a person who requires a wheelchair on a
continuing basis to carry out daily activities or who has a severe mobility
handicap that will eventually require the use of a wheelchair.
2(1) A homeowner is eligible to apply for a grant under this Schedule if
(a) the homeowner is a wheelchair user or has a wheelchair user
residing with the homeowner in the homeowner's principal residence,
(b) the homeowner's household income in the calendar year preceding
the year in which homeowner's application under this section is made does
not exceed the maximum eligible amount as calculated by the Minister, and
(c) the homeowner's principal residence is a dwelling unit.
(2) A homeowner who is eligible to apply for a grant under this Schedule
may, on the approval of the Minister, be awarded a grant for the
homeowner's use in carrying out modifications to the homeowner's principal
residence.
(3) A grant under subsection (2) may be in an amount of
(a) not more than $2500 if, in the calendar year immediately
preceding the calendar year in which an application under this Schedule is
made, the homeowner's household income calculated under subsection (1)(b)
was $27 000 or more but did not exceed $32 000,
(b) not more than $5000 if, in the calendar year immediately
preceding the calendar year in which an application under this Schedule is
made, the homeowner's household income calculated under subsection (1)(b)
was less than $27 000, or
(c) not more than $5000 if the Minister is of the opinion that
there is a hardship involved and if, in the calendar year immediately
preceding the calendar year in which an application under this Schedule is
made, the homeowner's household income calculated under subsection (1)(b)
did not exceed $32 000.
(4) If 2 or more wheelchair users who are homeowners live in the same
dwelling unit and more than one is eligible to apply for a grant under this
section, only one of them may receive a grant.
(5) A homeowner must complete the modifications within one year from the
date on which the homeowner's application for a grant is approved.
(6) A homeowner may receive payment of all or part of a grant on
presentation to the Minister of one or more invoices indicating the
expenses incurred by the homeowner in carrying out a modification.
(7) A payment under subsection (6) is not to be made until the
modification to which the payment relates is complete.
(8) In the case of a housing co-operative operating as an association
under the Co-operative Associations Act, the association must agree in
writing to the modifications to a dwelling unit proposed by the homeowner,
as defined in section 1(c)(vi), before an application for a grant under
this section may be approved.
3(1) Subject to section 4, a tenant is eligible to apply for a grant under
this Schedule if
(a) the tenant is a wheelchair user or has a wheelchair user
residing with the tenant in the tenant's principal residence,
(b) the tenant's household income in the calendar year preceding
the year in which the tenant's application under this section is made does
not exceed the maximum eligible amount as calculated by the Minister,
(c) the tenant's principal residence is a rented dwelling unit or
hostel unit, and
(d) the tenant's landlord agrees, in writing, with the tenant's
proposal to modify the tenant's dwelling unit or hostel unit in accordance
with section 7.
(2) A tenant who is eligible to apply for a grant under this Schedule may,
on the approval of the Minister, be awarded a grant for the tenant's use in
carrying out modifications to the tenant's principal residence.
(3) A grant under subsection (2) may be in an amount of
(a) not more than $2500 if, in the calendar year immediately
preceding the calendar year in which an application under this Schedule is
made, the tenant's household income calculated under subsection (1)(b) was
$27 000 or more but did not exceed $32 000,
(b) not more than $5000 if, in the calendar year immediately
preceding the calendar year in which an application under this Schedule is
made, the tenant's household income calculated under subsection (1)(b) was
less than $27 000, or
(c) not more than $5000 if the Minister is of the opinion that
there is a hardship involved and if, in the calendar year immediately
preceding the calendar year in which the application is made under this
Schedule, the tenant's household income calculated under subsection (1)(b)
did not exceed $32 000.
(4) If any modification is required to an area outside the dwelling unit
or hostel unit rented by the tenant, a portion of the grant may be
allocated to the landlord to make the modification but the tenant and
landlord must agree on the allocation of the grant prior to the award of
the grant.
(5) If 2 or more wheelchair users who are tenants live in the same
dwelling unit or hostel unit and more than one is eligible to apply for a
grant under this section, only one of them may receive a grant.
(6) A tenant or a landlord must complete the modifications within one year
from the date on which the tenant's application for a grant is approved.
(7) A tenant may receive payment of all or part of a grant on presentation
to the Minister of one or more invoices indicating the expenses incurred by
the tenant in making a modification.
(8) If a portion of the grant is allocated to a landlord under subsection
(4), the landlord may receive payment of all or part of that portion of the
grant on presentation to the Minister of one or more invoices indicating
the expenses incurred by the landlord in making a modification.
(9) A payment under subsection (7) or (8) is not to be made until the
modification to which the payment relates is complete.
4 Notwithstanding anything in this Schedule, where the rent that a tenant
pays in respect of the dwelling unit or hostel unit that the tenant
occupies is subsidized by the Crown in an amount based on income, the
tenant is not eligible to apply for a grant.
5(1) A landlord is eligible to apply for a grant under this Schedule if
(a) the landlord is willing and able to
(i) make modifications to an existing building that
contains one or more dwelling units or hostel units to accommodate
wheelchair users, or
(ii) have accommodation constructed that contains one or
more dwelling units or hostel units to accommodate wheelchair users.
and
(b) the landlord agrees to endeavour to rent the modified
accommodation to a tenant who complies with section 3(1)(a) and (b).
(2) A landlord who is eligible to apply for a grant under this Schedule
may, on the approval of the Minister, be awarded a grant of not more than
$5000 for each dwelling unit or hostel unit that
(a) is to be modified or constructed in accordance with section 7,
and
(b) is intended for occupancy by a tenant who complies with section
3(1)(a) and (b).
(3) Notwithstanding subsection (2), a landlord is not eligible to apply
for a grant with respect to a dwelling unit or a hostel unit in a building
if 3 or more grants under this Schedule have been awarded to the same
landlord with respect to the same building within the one year immediately
prior to the landlord's application for a grant.
(4) If a modification is required to an area outside a dwelling unit or
hostel unit that is to be modified or constructed by the landlord, a
portion of the grant may be allocated to make the modification where the
landlord and the Minister agree on the allocation of the grant prior to the
award of the grant.
(5) A landlord must complete the modifications within one year from the
date on which the landlord's application for a grant is approved.
(6) A landlord may receive payment of all or part of the grant on
presentation to the Minister of one or more invoices indicating the
expenses incurred by the landlord in completing a modification.
(7) A payment under subsection (6) is not to be made until the
modification to which the payment relates is complete.
6 Where
(a) an application is made under section 2, 3 or 5,
(b) the household income for the calendar year preceding the year
in which the application is made exceeds the maximum eligible amount under
that section, and
(c) in the opinion of the Minister, a hardship is involved,
the calculation of household income for the purpose of the application may
be based on the projected household income for the 12 months immediately
following the date of the application.
7(1) The Minister may award grants under sections 2, 3 and 5 for a
modification to a dwelling unit or hostel unit or to the building in which
a dwelling unit or hostel unit is located or to the land appurtenant to a
dwelling unit, if the modification or any construction in respect of the
modification
(a) significantly contributes to the safety and security of a
wheelchair user, including improved lighting and security devices,
(b) facilitates access by a wheelchair user to the wheelchair
user's dwelling unit or hostel unit, including the provision of any
appropriate ramp, sloped walkway, door widening, flush or low profile
threshold, door closer, hand rail or a wheelchair lift,
(c) facilitates movement by a wheelchair user in the wheelchair
user's dwelling unit or hostel unit, including any appropriate door
widening, kitchen or bathroom modification, provision for knee space under
the sink or lavatory and installation of any grab bar or window that is
operable by a wheelchair user, or
(d) in the opinion of the Minister, improves the liveability of a
dwelling unit or hostel unit that is restrictive to an occupant who is a
wheelchair user.
(2) A grant is not to be awarded for work to be carried out under this
Schedule if another grant has been or is being awarded by the Government of
Canada or the Government of Alberta for the purpose of carrying out exactly
the same work.
(3) If a grant is awarded under this Schedule for the purpose of carrying
out certain work and another grant is awarded by the Government of Canada
or the Government of Alberta for the purpose of carrying out exactly the
same work, the Minister may demand repayment of the grant awarded under
this Schedule.
(4) Where a demand is made under subsection (3), the grant is a debt due
to the Crown and may be recovered from the person to whom the grant was
awarded.
8(1) If, after a grant is awarded under this Schedule, the Minister
determines that the individual to whom the grant was awarded was not
entitled to the grant, the Minister may direct the individual to refund the
grant or part of the grant to the Provincial Treasurer.
(2) The amount of a grant that the Minister requests a person to refund to
the Provincial Treasurer is a debt due to the Crown.
9(1) An application for a grant under this Schedule must be made in the
manner and form determined by the Minister.
(2) The Minister may at any time before or after awarding a grant under
this Schedule require the applicant to provide the Minister with any
documentation that the Minister considers necessary in order to establish
the applicant's entitlement to a grant or the amount of the grant.
(3) All calculations under this Schedule may be made by the Minister in
any manner that the Minister considers to be reasonable.
10(1) If a grant has been awarded to a homeowner under section 2 and
(a) the homeowner fails to complete the modifications within one
year from the date on which the application for the grant was approved, or
(b) the wheelchair user who resided with the homeowner when the
grant was awarded dies or moves to another principal residence before the
modification is complete,
the Minister may revoke the award of that part of the grant that has not
been paid to the homeowner.
(2) If
(a) a grant has been awarded to a homeowner under section 2,
(b) the homeowner sells the principal residence in respect of which
the grant was awarded and purchases another principal residence, and
(c) the homeowner is a wheelchair user or the wheelchair user who
resided with the homeowner when the grant was awarded continues to reside
with the homeowner,
the homeowner may spend the unused portion of the grant on the
new principal residence or may apply under section 2 for a 2nd grant if at
least one year has passed since the approval of homeowner's previous
application for a grant.
(3) If
(a) a grant has been awarded to a homeowner under section 2,
(b) the homeowner sells the principal residence in respect of which
the grant was awarded, and
(c) the wheelchair user who resided with the homeowner when the
grant was awarded purchases a principal residence,
the wheelchair user may apply under section 2 for a grant as a homeowner.
(4) If
(a) a grant has been awarded to a homeowner under section 2,
(b) the homeowner dies or sells the principal residence, and
(c) the wheelchair user who resided with the homeowner when the
grant was awarded continues to reside in the principal residence,
the new homeowner of the principal residence may claim payment of the
unused portion of the grant if the new homeowner is eligible under section
2(1) to apply for a grant and complies with section 2(6).
11(1) If a grant has been awarded to a tenant under section 3 and
(a) the tenant fails to complete the modifications within one year
from the date on which the application for the grant was approved, or
(b) the wheelchair user who resided with the tenant when the grant
was awarded dies or moves to another principal residence before the
modification is complete,
the Minister may award that part of the grant that has not been paid to the
tenant to the landlord to have the intended modifications carried out if
the landlord agrees or, if the landlord does not agree, the Minister may
revoke the award of that part of the grant that has not been paid to the
tenant.
(2) If
(a) a grant has been awarded to a tenant under section 3,
(b) the tenant moves to a principal residence other than the one in
respect of which the grant was made, and
(c) the tenant is a wheelchair user or the wheelchair user who
resided with the tenant when the grant was awarded continues to reside with
the tenant,
the tenant may spend the unused portion of the grant on the new principal
residence or may apply under section 3 for a 2nd grant if at least one year
has passed since the approval of the tenant's previous application for a
grant.
(3) If a grant has been awarded to a tenant under section 3 and the
wheelchair user who resided with the tenant when the grant was awarded
moves to another principal residence, the wheelchair user may apply under
section 3 for a grant as a tenant.
(4) If a grant has been awarded to a tenant under section 3 and the tenant
moves to another principal residence, the landlord may apply for a grant
equivalent to the unused portion of the tenant's grant if the landlord
agrees to carry out modifications that are approved by the Minister to
accommodate a wheelchair user.
(5) If
(a) a grant has been awarded to a tenant under section 3,
(b) the tenant dies, and
(c) the wheelchair user who resided with the tenant when the grant
was awarded continues to reside in the principal residence,
the wheelchair user may claim payment of the unused portion of the grant if
the wheelchair user is eligible under section 3(1) to apply for a grant and
complies with section 3(7).
12 If a grant has been awarded to a landlord under section 5 and
(a) the landlord fails to complete the modifications within one
year from the date on which the application for the grant was approved, or
(b) the wheelchair user who resided with or who was the landlord's
tenant when the grant was awarded dies or moves to another principal
residence before the modification is complete,
the Minister may revoke the award of that part of the grant that has not
been paid to the landlord.
13(1) Only those expenses incurred in respect of a modification described
in section 7 that is commenced not earlier than 3 months before the date
that the application for the grant was approved and that is completed not
later than one year after the date on which the application for the grant
was approved may be paid under this Schedule.
(2) Notwithstanding subsection (1), the Minister may pay expenses for
modifications that were commenced more than 3 months before the date the
application for the grant was approved if the Minister considers it
appropriate to do so.
(3) All invoices relating to expenses for modifications must be submitted
to the Minister not later than 16 months after the date the application for
the grant was approved.
14 Not more than one grant may be awarded under this Schedule to the same
person or to that person's spouse or to another person who lives with that
person with respect to the same dwelling unit or hostel unit.
15 The Minister, on reasonable notice, at a reasonable time and on
communicating to an applicant the purpose and authority for an inspection,
may enter any land or premises in respect of which a grant has been applied
for or awarded under this Schedule for any of the following purposes:
(a) to determine the applicant's entitlement to a grant;
(b) to determine the amount of a grant to be awarded;
(c) to determine whether the applicant used or is using a grant for
the purposes for which it was awarded.
16 The Minister may delegate, in writing, to any employee of the
Government any duty or power respecting the payment of a grant under this
Schedule.
17 Notwithstanding anything in this Schedule, the Minister may in any
particular case waive any of the criteria provided for under this Schedule
with respect to the eligibility for a grant if the Minister considers it
appropriate to do so in the circumstances.
4 The Housing Grants Regulation (AR 204/84) is repealed.
------------------------------
Alberta Regulation 174/2000
Wildlife Act
WILDLIFE AMENDMENT REGULATION
Filed: August 9, 2000
Made by the Minister of Environment (M.O. 50/00) on July 19, 2000 pursuant
to sections 15, 25 and 96 of the Wildlife Act.
1 The Wildlife Regulation (AR 143/97) is amended by this Regulation.
2 Section 3 is amended
(a) by repealing clause (n) and substituting the following:
(n) "designated guide",
(i) when preceded by "big game", means the
holder of a guide's designation referred to in clause (x.1)(i),
(ii) when preceded by "bird game", means the
holder of a guide's designation referred to in clause (x.1)(ii), and
(iii) when preceded by neither, means the
holder of either such designation;
(b) by adding the following after clause (x):
(x.1) "guide's designation",
(i) when preceded by "big game", means the
issuing of a document referred to in section 52(a),
(ii) when preceded by "bird game", means the
issuing of a document referred to in section 52(b), and
(iii) when preceded by neither, means the
issuing of either such document;
(c) by repealing clause (ii) and substituting the following:
(ii) "outfitter-guide",
(i) when followed by "(big game)", means the holder of
a Class S or a Class T outfitter-guide permit,
(ii) when followed by "(bird game)", means the holder of
a bird game outfitter-guide permit, and
(iii) when followed by neither, means the holder of any
such permit,
and when it is preceded by reference to a particular class,
means the holder of an outfitter-guide (big game) permit of that class;
3 The heading before section 52 is amended by striking out "Designations
as Guides" and substituting "Guides' Designations".
4 Section 52 is repealed and the following is substituted:
Designated guide authorizations - eligibility
52 The authorizations prescribed for the purposes of section 26(3)
of the Act are
(a) a document, referred to in this Regulation as a big
game guide's designation, issued by the Minister to an adult resident or to
an adult non-resident who is a Canadian citizen or is admitted to permanent
residence in Canada, and
(b) a document, referred to in this Regulation as a
bird game guide's designation, issued by the Minister to an adult who is
legally entitled to be employed in Canada.
5 Section 53 is amended
(a) in subsection (1) by striking out "guide's designation referred
to in section 52" and substituting "big game guide's designation referred
to in section 52(a)";
(b) by adding the following after subsection (1):
(1.1) Subject to subsection (2), the bird game guide's designation
referred to in section 52(b) authorizes the designated guide who holds it
to guide for gain or reward any number of non-resident or non-resident
alien licence holders while they are hunting game birds that they are
legally authorized to hunt, pursuant to a contract referred to in section
59.1.
(c) in subsection (2) by adding "or (1.1)" after "(1)";
(d) in subsection (3) by striking out "designation as a guide" and
substituting "big game guide's designation".
6 Section 54(4) is amended by adding "(big game)" after "an
outfitter-guide".
7 Section 55(2) is amended by adding "(big game)" after "An
outfitter-guide" and "another outfitter-guide".
8 Section 56 is amended by striking out "and Class T" and substituting ",
Class T and Bird Game".
9 Section 57 is amended
(a) in subsection (1)
(i) by adding "(big game)" after "hold an
outfitter-guide";
(ii) in clause (a)
(A) by adding "big game" before "designated
guide";
(B) in subclause (ii) by adding "generally
before the beginning of the 2000-2001 hunting season or a big game guide's
designation after that time or a combination of both such designations"
after "a guide";
(C) in subclause (iii) by striking out "a
designation as a guide" and substituting "the designation as a guide or
guide's designation referred to in subclause (ii)";
(b) by adding the following after subsection (1):
(1.1) Subject to subsection (2), a person is eligible to obtain or
hold an outfitter-guide (bird game) permit if and only if that person
(a) is an individual who holds a bird game guide's
designation, or
(b) is a business corporation or society at least one
of whose current officers is an individual who holds such a designation.
10 The following is added after section 59:
Bird game outfitter-guide permit - entitlements
59.1 An outfitter-guide (bird game) permit authorizes its holder to
enter into a contract with a non-resident or a non-resident alien for the
provision to that individual of guiding services respecting the hunting by
that individual of game birds.
11 Section 95 is amended
(a) in subsections (1)(a), (2) and (3) by adding "(big game)" after
"outfitter-guide";
(b) by adding the following after subsection (3):
(3.1) A person shall not accept any consideration respecting the
provision of guiding services to a non-resident or a non-resident alien who
hunts or wishes to hunt game birds unless
(a) he is an outfitter-guide (bird game), or
(b) the guiding services are to be provided pursuant to
a contract referred to in section 59.1.
(3.2) Only an outfitter-guide (bird game) may enter into a contract
with a non-resident or a non-resident alien that purports to authorize
anyone to provide the guiding services referred to in subsection (3.1),
and, if any other person purports to do so, the purported contract is void.
(c) in subsection (4)
(i) by adding ", or guide for gain or reward and
accompany any hunter referred to in subsection (3.1)," after "subsection
(1)";
(ii) in clause (a) by adding "or that guiding" after
"services".
12 Section 103(1)(a) is amended
(a) by adding "(big game)" after "outfitter-guide";
(b) by striking out "designation as a guide" and substituting "big
game guide's designation".
13 Section 112(1) is amended
(a) in subsection (1) by adding "big game" after "guided by a";
(b) by adding the following after subsection (1):
(1.1) A non-resident or a non-resident alien shall not hunt
game birds while guided for gain or reward by a bird game designated guide
unless the hunting is pursuant to a contract referred to in section 59.1.
14 Section 113 is amended
(a) in subsection (1) by adding "big game after "A";
(b) in subsection (3) by striking out "designation as a guide" and
substituting "guide's designation".
15 Section 143 is amended by striking out "the permit" and substituting
"each outfitter-guide permit held by him".
16 The following is added before the heading preceding section 152:
Transitional - guides' designations
151.2 A document issued with respect to a 2000-2001 hunting season
under a general title indicating a guide's designation without any
restriction as to the kind of animal covered by it is to be regarded as a
big game guide's designation.
17 Schedule 3 is amended
(a) in section 2(2) by striking out "designations as guides"
wherever it occurs and substituting "guides' designations";
(b) in sections 4(2), 8 and 10(b) by striking out "designation as a
guide" and substituting "guide's designation";
(c) in section 10(e) by striking out "designations as guides" and
substituting "guides' designations".
18 Section 151.2 is repealed on April 1, 2001.