Alberta Regulation 1/2001 Workers' Compensation Act WORKERS' COMPENSATION AMENDMENT REGULATION Filed: January 3, 2001 Made by the Lieutenant Governor in Council (O.C. 492/2000) on December 20, 2000 pursuant to section 147 of the Workers' Compensation Act. 1 The Workers' Compensation Regulation (AR 427/81) is amended by this Regulation. 2 Section 1 is repealed and the following is substituted: 1(1) For the purposes of the Act and this Regulation, "net earnings" of a worker means the worker's annual gross earnings to the nearest $100 less the total of (a) Employment Insurance contributions for those earnings, (b) Canada Pension Plan contributions for those earnings, and (c) probable amount of income tax deducted or withheld for those earnings, based on tables produced by the Government of Canada for the immediately preceding calendar year. (2) For the purposes of subsection (1)(c), the amount deducted or withheld is to be based only on the following tax credits: (a) tax credits based on 1.5 times the basic personal amount; (b) tax credits for premiums paid under the Employment Insurance Act (Canada) and the Canada Pension Plan (Canada). 3 Section 5 is repealed and the following is substituted: 5(1) The Board may approve, on the terms it directs, an application to have the Act apply to an employer, a proprietor, a partner in a partnership or a director of a corporation. (2) An application under subsection (1) shall include (a) the name of the person for whom coverage is desired, (b) the industry in which coverage is desired, (c) the amount of coverage purchased, being either (i) a stated sum for each person in an amount not exceeding the current gross annual earnings set out in section 51(4) of the Act and not less than the current yearly equivalent of gross earnings required to entitle a worker to the compensation for permanent total disability as set out in section 51(6) of the Act, or (ii) an amount deemed by the Board to be representative of the applicant's gross annual earnings based on the Board's determination of the annual gross earnings of similarly employed workers (in this section referred to as the "guaranteed coverage amount"), and (d) any other information the Board directs. (3) Where an application under subsection (1) is approved by the Board, the person named in the application is a worker to whom the Act applies while that worker is employed in the industry set out in the application. (4) Where an application under subsection (1) is approved by the Board, an assessment shall be levied on the amount of coverage purchased. (5) Where an application under subsection (1) is approved and the worker has purchased coverage at the guaranteed coverage amount or a lesser stated sum, compensation shall be based on the amount of coverage purchased. (6) Where an application under subsection (1) is approved and the worker has purchased coverage at a stated sum greater than the guaranteed coverage amount, compensation shall be based on the greater of (a) the guaranteed coverage amount, and (b) the actual earnings of that worker as determined by the Board, to a maximum of the stated sum. Alberta Regulation 2/2001 Wildlife Act WILDLIFE AMENDMENT REGULATION Filed: January 12, 2001 Made by the Minister of Environment (M.O. 01/2001) on January 8, 2001 pursuant to section 95 of the Wildlife Act. 1 The Wildlife Regulation (AR 143/97) is amended by this Regulation. 2 Section 68 is amended (a) in subsection (1) by striking out "Subject to subsection (2), the" and substituting "The"; (b) by repealing subsection (2). ------------------------------ Alberta Regulation 3/2001 School Act DISPOSITION OF PROPERTY REGULATION Filed: January 12, 2001 Made by the Minister of Learning and the Minister of Infrastructure (M.O. 042/2000) on December 4, 2000 pursuant to section 188 of the School Act. Table of Contents Interpretation 1 Lease of real property 2 Method for sale of property 3 Sale of real property 4 Real property transfer to another board 5 Repeal 6 Expiry 7 Interpretation 1(1) In this Regulation, (a) "Act" means the School Act; (b) "Government contribution" means money provided by the Government to a board for a school building project and includes all money paid to a board from the former School Foundation Program Fund; (c) "school day" means a day of school operation specified under section 40 of the Act. (2) A reference to "Minister" in a provision in this Regulation is to be read as a reference either to the Minister of Learning or the Minister of Infrastructure, depending on which Minister is designated as the Minister for the purpose of the provision in an agreement between the Ministers. Lease of real property 2(1) Notwithstanding section 187(2) of the Act, a board may, without the approval of the Minister, (a) lease any real property that is neither a school building nor a portion of a school building, and (b) lease a school building or portion of it for use (i) at any time during which instruction is not normally provided to students in that building or portion of it, (ii) on a school day for a period not exceeding 7 days during the time when instruction is normally provided to students in that building or portion of it, or (iii) at any time for a period exceeding 7 days during the time when instruction is normally provided to students in that building or portion of it. (2) On leasing a school building or portion of it under subsection (1)(b)(iii), the board shall (a) keep the lease agreement on file at the board's offices, and (b) provide to the Minister any information related to the leasing of the school space that the Minister requires. (3) When, in the opinion of the Minister, space is available in a school building, the Minister may direct the board operating the school to make that space available to another board. Method for sale of property 3(1) A board may sell only in accordance with this section any item of real or personal property that has a value of more than $5000. (2) Prior to selling the property, the board shall obtain 2 or more current independent appraisals of the market value of the property. (3) The sale must be conducted by tender or public auction. (4) The board shall advertise the sale at least twice in a newspaper circulating in the district or division prior to the sale. (5) The board may only sell the property if (a) the bid or tender received is reasonable, in the opinion of the board, having regard to the appraisals it received, and (b) in the case of real property, the Minister approves the sale after the bid or tender is received. (6) If the board selling the property obtains the approval of the Minister, subsections (2) to (5) do not apply where the sale is to (a) another board, (b) a municipality, (c) a community association, (d) a charitable or non-profit organization, (e) the Crown in right of Canada or its agent, or (f) the Crown in right of Alberta or its agent. (7) Subsections (3) to (5) do not apply to (a) a sale of a teacherage by a board, if the board selling the teacherage obtains the prior approval of the Minister for a procedure for selling the teacherage that is different than that set out in this section, or (b) a sale of a property to which an agreement under section 184(b) of the Act applies, if the board selling its interest in the property obtains the prior approval of the Minister for a procedure for selling the property that is different than that set out in this section. (8) If a board offers real property for sale in accordance with subsections (3) to (5) but does not receive a reasonable bid or tender, the board may, with the prior approval of the Minister, list the property with a real estate agent. Sale of real property 4(1) If a board sells real property, (a) the board must repay all the outstanding debt relating to that real property, and (b) any proceeds remaining from the sale of the real property must be divided into 2 amounts so that (i) one amount bears the same ratio to the remaining proceeds as the Government contribution bears to the total amount of the project for which that contribution was made, and (ii) the other amount bears the same ratio to the remaining proceeds as the contribution by the board bears to the total amount of the project for which that board's contribution was made. (2) The remaining proceeds referred to in subsection (1)(b) that are attributable (a) to the Government contribution under subsection (1)(b)(i) are to be retained by the board and, together with the interest earned, applied only to the approved cost of a future school building project, and (b) to the board under subsection (1)(b)(ii) may be applied only to a future capital expenditure. Real property transfer to another board 5(1) If, with the approval of the Minister, a board agrees to transfer to another board ownership of real property on which a school building is located or is directed to transfer it by the Minister under section 187(3) of the Act, (a) the amount payable to the transferring board must bear the same ratio to the appraised value of the property as the contribution by the transferring board bears to the total amount of the project for which that board's contribution was made, and (b) it is not necessary for the transferring board to repay any outstanding debt on the school building. (2) The amount payable under subsection (1)(a) is to be paid by the Government but if the board that is receiving the real property has any school building capital reserves, those reserves must be used to pay the amount payable under subsection (1)(a) and the shortfall, if any, is to be paid by the Government. Repeal 6 The Disposition of Property Regulation (AR 69/89) 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 January 31, 2004.