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     Alberta Regulation 239/2003

     Municipal Government Act

     CROWN LAND AREA DESIGNATION REGULATION

     Filed:  July 16, 2003

Made by the Minister of Sustainable Resource Development (M.O. 25/2003) on
July 8, 2003 pursuant to section 618(3) of the Municipal Government Act.


1   The areas described in the Schedule are designated areas for the
purposes of section 618(2)(b) of the Municipal Government Act.


2  The Section 6 Area Designation Regulation (AR 420/84) is repealed.


3  For the purpose of ensuring that this Regulation is reviewed for ongoing
relevancy and necessity, with the option that it may be repassed in its
present or an amended form following a review, this Regulation expires on
April 30, 2013.


     SCHEDULE

     Crown Land Area Designation Regulation

All those parcels or tracts of land, situate, lying, and being in the
Province of Alberta, Canada, and being composed of the following lands:

FIRSTLY:
     In Range 5 West of the 5th Meridian:
          Sections 4 to 9 inclusive, sections 16 to 21 inclusive and
sections 28 to 33 inclusive in Township 44.

SECONDLY:
     In Range 6 West of the 5th Meridian:
          The whole of Township 44.

THIRDLY:
     In Range 7 West of the 5th Meridian:
          Sections 1 to 24 inclusive and sections 28 to 33 inclusive in
Township 32;
          Sections 5, 6, 7, 18, 19 and 30 in Township 33;
          Sections 7 to 36 inclusive in Township 42;
          The whole of Township 43;
          Sections 1 to 18 inclusive, sections 22 to 27 inclusive and
sections 34, 35 and 36 in Township 44.

FOURTHLY:
     In Range 8 West of the 5th Meridian:
          The whole of Townships 31, 32, 33, 34, 42, 43 and 46;
          Sections 1 to 18 inclusive in Township 35;
          Sections 16 to 21 inclusive and sections 28 to 33 inclusive in
Township 41;
          Sections 1 to 21 inclusive and sections 28 to 33 inclusive in
Township 44;
          Sections 4, 5, 8, 9, 16 to 21 inclusive, the north halves of
sections 22, 23 and 24 and sections 25 to 36 inclusive in Township 45;
          Part sections 6 and 7 in Township 45 which lie generally to the
east of the right bank of the North Saskatchewan River;
          Part Township 47 which lies generally to the south of the right
bank of the said North Saskatchewan River.

FIFTHLY:
     In Range 9 West of the 5th Meridian:
          The whole of Townships 31 to 36 inclusive and Townships 41 to
44 inclusive;
          Sections 4, 5, 6, 7 and 18 in Township 37;
          Part Townships 45, 46 and 47 which lie generally to the east of
the right bank of the said North Saskatchewan River.

SIXTHLY:
     In Range 10 West of the 5th Meridian:
          The whole of Townships 31 to 38 inclusive;
          The whole of Townships 41 to 44 inclusive.

SEVENTHLY:
     In Range 11 West of the 5th Meridian:
          The whole of Townships 31 to 38 inclusive;
          The whole of Townships 41 to 44 inclusive;
          Sections 3 to 10 inclusive, sections 15 to 22 inclusive and
sections 27 to 34 inclusive in Township 39;
          Sections 3 to 6 inclusive in Township 40.

EIGHTHLY:
     In Range 12 West of the 5th Meridian:
          Part Township 31 which lies generally to the north and east of
the Banff National Park boundary;
          The whole of Townships 32 to 39 inclusive;
          The whole of Townships 41 to 44 inclusive;
          Sections 1 to 10 inclusive, sections 17 to 20 inclusive and
sections 29 to 32 inclusive in Township 40;

     Excepting thereout:
          Legal subdivision 16 of section 17, the north half of section
19, legal subdivisions 5 to 8 inclusive of section 19, section 20, and all
those portions of the south halves of sections 29 and 30, which lie
generally to the south of the southerly limit of Highway No. 11, all within
Township 40.  

NINTHLY:
     In Range 13 West of the 5th Meridian:
          Part Townships 31 and 32 which lie generally to the north and
east of the Banff National Park boundary;
          Townships 33 to 44 inclusive;

     Excepting thereout:
          The north halves of sections 23 and 24, legal subdivisions 5 to
8 inclusive of section 24, all those portions of sections 25 and 26, which
lie generally to the south and west of the southwesterly limit of Highway
No. 11 and the south east quarter of section 27, all within Township 40. 

TENTHLY:
     In Range 14 West of the 5th Meridian:
          Part Townships 32 and 33 which lie generally to the north and
east of the Banff National Park boundary;
          The whole of Townships 34 to 44 inclusive.

ELEVENTHLY:
     In Range 15 West of the 5th Meridian:
          Part Townships 33 and 34 which lie generally to the north of
the Banff National Park boundary;
          Townships 35 to 44 inclusive;

     Excepting thereout:
          The north west quarter of section 17, the north half of section
18, the south half of section 19, all those portions of the north half of
section 19, section 29 and section 30 which lie generally to the south of
the southerly limit of Highway No. 11, the west half of section 20, the
north east quarter of section 21, the north west quarter of section 22,
sections 27, 28, 33 and 34, all those portions of the north halves of
sections 35 and 36 which lie generally to the north of the northerly limit
of Highway No. 11, all within Township 40;

          The south halves of sections 3 and 4 of Township 41.

TWELFTHLY:
     In Range 16 West of the 5th Meridian:
          Part Townships 33 and 34 which lie generally to the north of
the Banff National Park boundary;
          Townships 35 to 44 inclusive;

     Excepting thereout:
          All those portions of the north west quarter of section 19, the
south half of section 30, the east half of section 32 and legal
subdivisions 3, 6, 11 and 14 of section 32, of township 39, which lie
generally to the west of the westerly limit of Highway No. 11;

          All that portion of the north half of section 11, which lies
generally to the north and west of the northwesterly limit of Highway No.
11, the north half and south west quarter of section 13, the south half and
north east quarter of section 14, the south east quarter of section 23, the
south half of section 24 and legal subdivisions 9, 10 and 11 of section 24,
all within Township 40.

THIRTEENTHLY:
     In Range 17 West of the 5th Meridian:
          Part Township 33 which lies generally to the north of the Banff
National Park boundary;
          Townships 34 to 44 inclusive;

     Excepting thereout:
          All those portions of legal subdivisions 9 and 16 of section
24, the south half of section 25, the north west quarter of section 26,
legal subdivisions 5, 7, 8 and 10 of section 26 and section 27, which lie
generally to the north and east of the left bank of the Bighorn River,
legal subdivisions 11 and 12 of section 25 and legal subdivision 9 of
section 26, all within Township 39.

FOURTEENTHLY:
     In Range 18 West of the 5th Meridian:
          Part Township 33 which lies generally to the north of the Banff
National Park boundary;
          Townships 34 to 44 inclusive;

     Excepting thereout:
          The north east quarter of section 10 which lies east of Highway
No. 11 and which lies north of Cline River, all those portions of legal
subdivisions 1, east of Highway No. 11, legal subdivisions 7 and 8 of
section 15, the north west quarter of section 14, section 23, section 26
and legal subdivisions 2, 3 and 4 of section 35 which lie generally to the
west of Abraham Lake, the north east quarter of section 15, the east half
of section 22 and the east half of section 27, all within Township 37.

FIFTEENTHLY:
     In Range 19 West of the 5th Meridian:
          Part Townships 33, 34 and 35 which lie generally to the east of
the Banff National Park boundary;
          The whole of Townships 36 to 43 inclusive.

SIXTEENTHLY:
     In Range 20 West of the 5th Meridian:
          Part Township 36 which lies generally to the north and east of
the Banff National Park boundary;
          The whole of Townships 37, 38 and 39;
          Part Townships 40, 41 and 42 which lie generally to the east of
the Jasper National Park boundary;
          Part Township 43 which lies generally to the east of the Jasper
National Park boundary and to the east of the right bank of the Brazeau
River.

SEVENTEENTHLY:
     In Range 21 West of the 5th Meridian:
          Part Townships 36 and 37 which lie generally to the north and
east of the Banff National Park boundary;
          The whole of Township 38;
          Part Townships 39, 40 and 41 which lie generally to the east of
the Jasper National Park boundary.

EIGHTEENTHLY:
     In Range 22 West of the 5th Meridian:
          Part Township 37 which lies generally to the north and east of
the Banff National Park boundary and generally to the east of the Jasper
National Park boundary;
          Part Townships 38 and 39 which lie generally to the east of the
Jasper National Park boundary.


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

     Alberta Regulation 240/2003

     Safety Codes Act

     ELEVATING DEVICES CODES REGULATION

     Filed:  July 22, 2003

Made by the Lieutenant Governor in Council (O.C. 348/2003) on July 22, 2003
pursuant to section 65 of the Safety Codes Act.


     Table of Contents

B355 code 1
Z185 code 2
B311 code 3
B44 code  4
Repeal    5
Expiry    6
Coming into force   7


B355 code
1   CAN/CSA-B355-00 Lifts for Persons with Physical Disabilities is
declared in force with the following variations:

     (a)  the following is added after Requirement 1.1:

     1.1.1   If there is a conflict between the Elevating Devices,
Passenger Ropeways and Amusement Rides Permit Regulation (AR 268/2002) and
this Standard, that Regulation prevails over this Standard.

     1.1.2   This code, and any codes and standards referenced in the
Code, do not make or imply any assurance or guarantee by the Crown with
respect to the life expectancy, durability or operating performance of
materials, appliances, systems and equipment referred to in the Code, codes
or standards.


Z185 code
2   CAN/CSA-Z185-M87 (R2001) Safety Code for Personnel Hoists is declared
in force with the following variation:

     (a)  the following is added after Requirement 1.1:

     1.1.1   If there is a conflict between the Elevating Devices,
Passenger Ropeways and Amusement Rides Permit Regulation (AR 286/2002) and
this Standard, that Regulation prevails over this Standard.

     1.1.2   This code, and any codes and standards referenced in the
Code, do not make or imply any assurance or guarantee by the Crown with
respect to the life expectancy, durability or operating performance of
materials, appliances, systems and equipment referred to in the Code, codes
or standards.


B311 code
3   CAN/CSA-B311-02 Safety Code for Manlifts is declared in force with the
following variations:

     (a)  the following is added after Clause 1.1:

     1.1.1   If there is a conflict between the Elevating Devices,
Passenger Ropeways and Amusement Rides Permit Regulation (AR 286/2002) and
this Standard, that Regulation prevails over this Standard.

     1.1.2   This code, and any codes and standards referenced in the
Code, do not make or imply any assurance or guarantee by the Crown with
respect to the life expectancy, durability or operating performance of
materials, appliances, systems and equipment referred to in the Code, codes
or standards.

     (b)  the definition of "door" in Clause 2.1 is amended by adding
"expanded metal or" after "more";

     (c)  Clause 6 is struck out ;

     (d)  the following is added after Clause 7.11.1:

          7.11.1.1   The horizontal distance between the sides of the
hoistway landing opening and the outside edge of the car enclosure shall
not exceed 200 mm on either side.

     (e)  in Clause 7.16.2.1 "or pounds, or both." is struck out;

     (f)  the following is added after Clause 7.20.2:

          7.20.2.1   The pitch diameter of governor sheaves and governor
tension sheaves must be not less than 30 times the rope diameter.

     (g)  in the third line of Clause 7.28.12(a) "rollers," is struck out
and "rollers one of" is substituted;

     (h)  Appendix C - General Guidelines is declared a mandatory part of
CAN/CSA--B311-02 Safety Code for Manlifts.


B44 code
4   CAN/CSA-B44-00 Safety Code for Elevators is declared in force with the
following variations:

     (a)  in Requirement 1.1.3

               (i)  by striking out "8.9";

               (ii) by striking out "8.11";

               (iii)     by adding "8.6.12" before "which";

     (b)  the following is added  after Requirement 1.1.3:

     1.1.3.1   If there is a conflict between the Elevating Devices,
Passenger Ropeways and Amusement Rides Permit Regulation (AR 286/2002) and
this Code, that Regulation prevails over this Code.

     1.1.3.2   The definitions in the Elevating Devices, Passenger
Ropeways and Amusement Rides Permit Regulation (AR 286/2002) apply to this
Code.

     1.1.3.3   This code, and any codes and standards referenced in the
Code, do not make or imply any assurance or guarantee by the Crown with
respect to the life expectancy, durability or operating performance of
materials, appliances, systems and equipment referred to in the Code, codes
or standards.

     (c)  the following is added at the end of Section 1.2:

          In Alberta, the Alberta Building Code has been declared to be
in force in place of the NBCC.  Therefore,

               (i)  wherever the phrase "in jurisdiction enforcing the
NBCC" is used in this Code, it must be read as if it were a reference to
"in Alberta", and

               (ii) where the context allows, references to "NBCC" in
this Code must be read as references to "Alberta Building Code".

     (d)  in Section 1.3 the definition of "unlocking zone" is struck out
and the following is substituted:

          Unlocking Zone - a zone extending from the landing floor level
to a point not less than 75 mm nor more than 250 mm above and below the
landing.

     (e)  Appendix B is amended

               (i)  in the title by striking out "LANDING AND";

               (ii) in the diagram

                         (A)  by striking out "landing zone" and
substituting "unlocking zone";

                         (B)  by striking out "450 mm (18 in)"
wherever it occurs and substituting "250 mm";

     (f)  by adding the following after Requirement 2.15.9.4:

          2.15.9.4.1   A platform guard may be used as an alternative to
a door restrictor if the platform guard

                         (a)  satisfies Requirement 2.15.9, 2.15.9.1,
2.15.9.3 and 2.15.9.4, and

                         (b)  is installed so that the hoistway
opening space below the platform guard is limited to not more than 250 mm
between the floor and the bottom of the platform guard, regardless of the
location of the elevator car when it is stopped.

     (g)  by striking out Sections 5.3, 5.4 and 5.8;

     (h)  by adding the following after Requirement 6.1.6.2.2:

          6.1.6.2.2.1   Any existing escalator that is not equipped with
an inspection switch must meet the requirements of 6.1.6.2.2.

     (i)  by striking out Requirement c8.7.1.8;

     (j)  by striking out Section 8.9;

     (k)  by striking out Requirement 8.10.1.1.2 and substituting the
following:

          8.10.1.1.2.1   A person who installs or makes a major
alteration to equipment must perform all of the applicable tests specified
by Requirement 8.10.2 to 8.10.5 in the presence of the inspector specified
in Requirement 8.10.1.1.1.

          8.10.1.1.2.2   A person who alters equipment must perform all
of the applicable tests specified by Requirements 8.10.2 to 8.10.5.

     (l)  by striking out Requirement 8.11;

     (m)  by striking out Requirements c8.6.12 to c8.6.12.5.7  and
substituting the following:

          8.6.12    MAINTENANCE OF ELEVATORS, DUMBWAITERS, ESCALATORS
AND MOVING WALKS

          8.6.12.1  Scope

          8.6.12.1.1

          This Section applies to all existing installations and all new
installations after being placed in service.  These are the minimum
standards to which these installations must be maintained.  However, it is
not the intent of this Section to require the alteration or replacement of
equipment to meet design, nameplate and performance standards not required
by the applicable code at the time the equipment was installed.

          Note:     The references to requirements throughout this Section
are references to requirements in CAN/CSA-B44-00 Safety Code for Elevators. 
These are references with respect to installations described in Clause
8.6.12.1.1 and the equivalent requirements, if any, from the applicable
Code.

          8.6.12.1.2

          This Section applies also, by analogy of the design and usage,
to the maintenance of other devices covered by this Code such as moving
walks and freight platform lifts.

          8.6.12.2  General Maintenance Requirements

          8.6.12.2.1     Maintenance Required

          Each elevator, dumbwaiter and escalator must be maintained in
accordance with the requirements of this Section or the recommendations of
the original manufacturer or of a Professional Engineer.  The maintenance
includes:

               (a)  inspections, examinations and tests of all parts
and functions of an installation at required or scheduled intervals in
order to ensure, to a reasonable degree, that the installation is in a safe
operating condition;

               (b)  cleaning, lubricating and adjusting applicable
components at regular intervals and repairing or replacing all worn or
defective components when necessary, to prevent the device from becoming
unsafe for operation;

               (c)  repairing or replacing damaged or broken parts
affecting safe operation.

          8.6.12.2.2     Maintenance Intervals

          Except for procedures in this Section where time intervals are
specified, maintenance inspections must be carried out at least once every
3 months to ensure compliance with Clause 8.6.12.2.1.

          8.6.12.2.2.1   Extension of Intervals

          Where, however, conditions such as frequency and type of usage
or age and inherent quality of equipment make more frequent maintenance
intervals unnecessary, the original elevator manufacturer or elevator
maintenance contractor or Professional Engineer may extend the Section
8.6.12.2.2 maintenance intervals up to (but not for a period greater than)
one year where such extension is consistent with the intent of the original
manufacturer's maintenance program.

          8.6.12.2.2.1.1

          The person or firm implementing an extension permitted by
8.6.12.2.2.1 shall place the following in the log book for the device:

               (a)  a signed copy of the maintenance interval changes
describing the changes and rationale for the changes;

               (b)  a copy of a letter notifying the owner of the
elevating device of the extension.

          These documents shall contain the following information:  the
provincial I.D. or serial number of the device affected by the extension,
the date when the extension will be put in effect, the name of the company
and signature of the company representative authorizing the extension.

          8.6.12.2.2.1.2

          Where a maintenance frequency is extended under 8.6.12.2.2.1,
such extension is not transferable to a new contractor.

          8.6.12.2.3     Actions Respecting Defective Parts

          If a defective part that directly affects the safety of the
operation is identified, it must be immediately adjusted, repaired or
replaced.

          8.6.12.2.4     Maintenance Mechanics

          Persons performing maintenance, including repair and
replacement work, must have training, be experienced and hold an Alberta
Trade Certificate in the trade of Elevator Constructor or be an apprentice
in the trade under the Apprenticeship and Industry Training Act under the
direct supervision of a person who holds an Alberta Trade Certificate in
the trade of Elevator Constructor.

          Note:     Maintenance mechanics must

               (a)  understand operational and safety functions of all
components of the installation maintained in order to appreciate all safety
hazards for maintenance personnel and the general public that might be
created during any maintenance procedure,

               (b)  be able to reasonably assess compatibility of
replacement components, and

               (c)  be able to carry out the work required under this
Requirement.

          8.6.12.2.5     Log Book

          A manual or electronic log must be maintained on site or with
the maintenance contractor and must be available at all times.  The log
must contain, as a minimum, records for the last 5 years on all activities
referred to in this Section and trouble calls.

          8.6.12.2.5.1

          In addition, each Maintenance Log Book will contain the
following:

               (a)  building name and address;

               (b)  elevator contractor's and owner's name;

               (c)  year, month and day of tasks performed;

               (d)  name of all the persons who performed the
procedures along with elevator maintenance mechanics and safety codes
officers;

               (e)  provision for the elevator mechanic to comment on
maintenance activities;

               (f)  all maintenance trouble calls and repairs;

               (g)  confirmation that all maintenance requirements of
Section 8.6.12.12 are complied with.

          Maintenance intervals shall be stated in the log books.  If
there is no maintenance interval stated, then the intervals will default to
3 months and the maintenance will be required to be completed every
subsequent 3 months.

          8.6.12.2.6     Wiring Diagrams

          Up-to-date wiring diagrams detailing circuits of all electrical
protective devices listed in Requirement 2.26.2 and primary directional
circuits must be available in the machine room at all times.

          8.6.12.3  Maintenance Procedure Applicable to all
Installations

          8.6.12.3.1     Making Safety-Related Devices Inoperative

          8.6.12.3.1.1

          No person shall at any time make inoperative any component on
which safety of persons is dependent or any electrical protective device,
except where necessary during testing, inspections and maintenance (see
Requirement 2.26.7).

          8.6.12.3.1.2

          During tests, inspections and maintenance referred to in Clause
8.6.12.3.1.1, the installation shall not be made available to the public. 
Immediately on completion, the installation must be restored to its normal
operating condition in conformity with the applicable requirements.

          8.6.12.3.1.3

          Substitution of any wire or current-carrying device for the
proper fuse or circuit-breaker in an elevator circuit is not permitted.

          8.6.12.3.2     Hoistways, Pits and Machine Rooms

          8.6.12.3.2.1

          Hoistways, trusses and pits must be kept clean and dry. 
Accumulation of rubbish in elevator pits and the use of these areas for
storage is not permitted.

          8.6.12.3.2.2

          The machine room floor must be kept clean and free from oil and
grease.  Articles or materials not necessary for the maintenance or
operation of the elevator shall not be stored in the machine room. 
Flammable liquids having a flashpoint of less than 44oC shall not be kept
in the machine room.

          8.6.12.3.2.3

          Access doors must be kept closed and locked, except during
periods when a qualified person is in the machine room or secondary sheave
space.

          8.6.12.3.2.4

          Care must be used in the painting of the equipment to ensure
that the paint does not interfere with its proper function.  Brakes,
governors, car-safety parts and buffer parts must be tested for proper
operation after completion of painting.

          8.6.12.3.3     Tops of Cars

          The tops of cars must be kept free from oil and grease and
shall not be used for storing lubricants, tools or other materials not
required for the operation of the elevator.

          8.6.12.3.4     Cleaning of Car and Hoistway Transparent Enclosures

          Unless Requirement 2.11.1.4 or 2.14.2.6 is  met, cleaning of
transparent enclosures on the exterior of an elevator car or on the
interior of an elevator hoistway must be done under the direct supervision
and presence of a maintenance mechanic.

          8.6.12.3.5     Lubrication

          8.6.12.3.5.1   General

          All parts of the machinery and equipment requiring lubrication
must be maintained with lubricants of a grade and quantity recommended by
the manufacturer.

          8.6.12.3.5.2   Lubrication of Suspension Wire Ropes

          Precautions must be taken in lubricating wire ropes to prevent
loss of traction.

          8.6.12.3.5.3   Lubrication of Governor Wire Ropes

          Governor wire ropes shall not be lubricated unless recommended
by the manufacturer of the governor (see Requirement 2.18.9).

          8.6.12.3.5.4   Lubrication of Guide Rails

          8.6.12.3.5.4.1

          Only elevators equipped with guiding members requiring
lubrication may have guide rails lubricated.  Rail lubricants or coatings
must comply with Requirement 2.17.16.  Means must be provided at the base
of the rails to collect excess lubricant.

          8.6.12.3.5.4.2

          Rails must be kept clean and free from lint and dirt
accumulation.  When necessary, a non-flammable or high flashpoint solvent
may be used to remove excess lubricant, lint and dirt that may accumulate
on the rails and present a hazard in case of fire in the hoistway.

          8.6.12.3.5.4.3

          Rust-preventative compounds including paint, lubricants
including graphite, oil and similar coatings, shall not be applied unless
recommended by the manufacturer or a Professional Engineer.

          Note:     Rust-preventative compounds or improper lubricants may
interfere with and in many cases will prevent proper operation of the car
safety device.  Such substances may even cause complete failure of the
safety to function.  If it is necessary for any reason to use any of these
substances, written recommendations from the manufacturer of the elevator
or a Professional Engineer must be obtained before their application.

          8.6.12.3.6     Car and Counterweight Safeties Mechanisms and
Governors

          All moving parts of car and counterweight safeties mechanisms
must be kept clean and free from rust and dirt and must be lubricated at
frequent intervals.

          Note:     This is especially important where the equipment is
exposed to water or corrosive vapours or excessively damp conditions
because corrosion or rusting of the parts may prevent operation of the
safety.

          8.6.12.3.6.1   Examination and Tests of Safeties and
Overspeed Governors

          (1)  All working parts must be examined and the safeties
operated by hand to determine whether they are in safe operating condition.

          (2)  If the safety is of a type requiring continual unwinding
of the safety drum rope to fully apply the safety, and it has been operated
by hand, not less than 3 turns of the safety drum rope must remain on the
safety drum after the safety jaws clamp over the rail to ensure operation
of overspeed application.

          (3)  When resetting drum-operated safeties by means of the
wrench in the car, sufficient tension must be kept in the safety-drum rope
to prevent kinking of the rope and to ensure that it is wound evenly and
uniformly in the drum grooves.  The drum must be rewound until no slack
remains in the safety rope between the drum and the car releasing-carrier.

          (4)  Overspeed governors must be examined and operated by hand
to determine that all parts and switches operate freely and are not worn
excessively.

          (5)  If a safety test indicates it may be necessary (e.g.,
excessive slippage of governor rope through the governor jaw; the
application of the governor jaw causes damage to the governor rope), the
governor pull-through force must be tested for compliance with Requirement
2.18.6.

          (6)  The governor tripping speed must be tested every time the
seal on the governor has been disturbed or examination indicates that a
retest is necessary.

          (7)  Safeties must be tested (see Clauses 8.6.12.3.6.1.1 and
8.6.12.3.6.1.2) if the examination indicates that it may be necessary.

          8.6.12.3.6.1.1 Procedures for Testing of Safeties

          If the examination and test in Clause 8.6.12.3.6.1 indicates
that further testing is required to confirm that the overspeed safety
device systems function as intended, safeties must be subjected to one of
the following tests with no load in the car and with the car moving in the
down direction while the safeties are being tested, or with the
counterweight moving in the down direction while its safeties are being
tested as follows:

               (a)  type B or C governor-operated safeties must be
engaged by tripping the governor by hand with the car or counterweight
operating at its lowest speed;

               (b)  type A governor-operated safeties must be engaged

                         (i)  in accordance with clause (a), or

                         (ii) the governor may be first set by hand
and the car or counterweight lowered onto the safeties by inching or other
means;

               (c)  type A safeties without governors must be engaged
by providing the necessary slack rope to cause them to function.

          8.6.12.3.6.1.2 Safety Test Results Criteria

          During the tests set out in Clause 8.6.12.3.6.1.1, the safeties
must promptly bring the car or counterweight to rest subject to the
following:

               (a)  in the case of Type A, B or C safeties employing
rollers or dogs for their application, the rollers or dogs are not required
to operate their full travel;

               (b)  in the case of Type B safeties, the stopping
distance is not required to comply with Requirement 2.17.3;

               (c)  in the case of Type C safeties, the oil buffer must
be able to compress its full stroke.

          8.6.12.3.7     Hydraulic Components

          8.6.12.3.7.1

          Plungers of water-hydraulic elevators and dumbwaiters must be
thoroughly cleaned, as necessary, to remove any buildup of rust or scale.

          8.6.12.3.7.2

          If valves and cylinders use packing glands, they must be
periodically checked and tightened or replaced as necessary to prevent
excessive loss of the fluid.

          8.6.12.3.7.3

          A means must be provided to collect oil from the cylinder head
packing gland.

          8.6.12.3.7.4

          The level of oil in the oil tanks must be checked and where
necessary adjusted to comply with the prescribed minimum and maximum level.

          Note:     Where an unexplained loss of oil is likely to result in
an immediate safety hazard, the owner or agent shall remove the elevating
device from service until appropriate remedial action has restored the
device to a safe operating condition.

          8.6.12.3.8     Oil Buffers

          8.6.12.3.8.1

          The oil must be maintained at the level indicated by the
manufacturer.

          8.6.12.3.8.2

          Buffer plungers must be kept clean and shall not be coated or
painted with a substance that interferes with their operation.

          8.6.12.3.9     Controller Contactors and Relays

          Controller contactors and relays must be kept clean and free
from dirt and where necessary be lubricated as recommended by the
manufacturer.

          8.6.12.4  Wire Ropes

          8.6.12.4.1     Inspection of Wire Ropes

          All wire ropes must be inspected in accordance with the
following procedure:

               (a)  from the rope data tag (see Requirements 2.18.5.3
and 2.20.2.2), determine

                         (i)  nominal rope diameter, and

                         (ii) rope construction, i.e., the number of
strands and the number of wires per strand;

               (b)  establish the length of a rope lay using Table
8.6.12.4.1.(b);

     TABLE 8.6.12.4.1(b)

Nominal Rope
diameter (in*) 3/8  9/16 11/16     3/4

Rope lay
length (in*)   2 1/2     3 5/8     4 1/2     4 7/8
     
* Imperial units are used to accommodate present wire rope industry
practices.

               (c)  measure rope diameter (see Table 8.6.12.4.2.1(a));

               (d)  establish whether the rope is affected by corrosion
(e.g., rust, red dust), or is rough (see Requirement 8.6.12.4.2.1(c));

               (e)  count number of broken wires per rope lay; for
preformed  ropes a more rigid inspection is required to identify hairline
breaks on flat spots of worn wires;

               (f)  establish if broken wires are equally distributed
in all wire strands or mainly concentrated in one or 2 strands (see Clause
8.6.12.4.2.1(b)).

          8.6.12.4.2     Rope Replacement Requirements

          8.6.12.4.2.1

          Wire ropes other than governor ropes must be replaced if one of
the following conditions is identified:

               (a)  when the rope diameter is less than that permitted
for the corresponding nominal size as shown in Table 8.6.12.4.2.1(a);

     TABLE 8.6.12.4.2.1(a)

Nominal Rope
diameter (in*) 3/8  7/16 1/2  9/16 5/8  11/16     3/4  1

Minimum
diameter
permitted 
(in*)     11/32     13/32     15/32     17/32     37/64     41/64     45/64     15/16

* Imperial units are used to accommodate present wire rope industry
practices.

               (b)  when no corrosion is identified and the number of
broken wires in a rope lay exceeds the number of breaks in Table
8.6.12.4.2.1(b) (see Clause 8.6.12.4.1(e) and (f));

     TABLE 8.6.12.4.2.1(b)

     Rope Construction   Wire Breaks    Breaks in
Drive Machine  (see Clause    equally   one or 2
Type 8.6.12.4.4.1(a)(ii))     distributed    strands
     
Traction  6 x 19
     6 x 21    24    8
     6 x 25
          
     8 x 19
     8 x 21    32   10
     8 x 25
     
Drum Any  12    8

               (c)  when corrosion is identified and the number of
broken wires in a lay exceeds 50% of the breaks shown in Table
8.6.12.4.2.1(b).

          8.6.12.4.2.2

          Governor wire ropes must be replaced

               (a)  when the rope diameter is less than that permitted
for the corresponding nominal size shown in Table 8.6.12.4.2.1(a);

               (b)  when the number of broken wires in a rope lay
exceeds 75% of the maximum number of breaks shown in Table 8.6.12.4.2.1(b)
or 50% if corrosion is identified.

          8.6.12.5

          All landing and car door mechanical and electrical components
must be inspected to ensure proper and safe operating condition including
the following:

               (a)  interlocks, locks and contacts (see Requirements
2.12 and 2.14.4.2);

               (b)  door reopening devices (see Requirement 2.13.5);

               (c)  vision panels (see Requirement 2.11.7.1);

               (d)  hoistway access switches (see Requirement 2.8.6.7);

               (e)  eccentrics/upthrusts and retainers (see
Requirements 2.11.11.4 and 2.11.11.8);

               (f)  door gibs (see Requirements 2.11.11.6 and
2.11.11.8);

               (g)  pickup rollers and assemblies;

               (h)  clutch/retiring cams and assemblies (see
Requirement 2.8.6.2.5);

               (i)  hangers;

               (j)  hanger/door panel interconnecting means;

               (k)  door closers (see Requirement 2.13.3);

               (l)  closing force (see Requirement 2.13.3.1);

               (m)  restrictions on opening of car doors (see
Requirement 2.8.6.5);

               (n)  door panels and sight guards (see Requirements
2.11.11.5, 2.11.8.6.4 and 2.11.13.3).

          8.6.12.6  Driving Machine Brakes

          8.6.12.6.1     Examination of Brakes

          The driving machine brakes must be:

               (a)  dismantled, cleaned and all components checked;

               (b)  tested to ensure that the car decelerates* from
rated speed when power is removed from the driving machine and brake while
an empty car is travelling in the up direction at rated speed.

          *    Any rate of deceleration is acceptable, all factors
considered, e.g., heat dissipation.

          Note:     It is recommended that means other than the disconnect
switch be used to remove the power.

          8.6.12.6.2     Unscheduled Brake Tests

          The driving-machine brake must be tested after replacement of
brake linings or any other components, or any change affecting the
operation or adjustment of the brake to ensure that the car decelerates*
from rated speed when power is removed from the driving machine and brake
while an empty car is travelling in the up direction at rated speed.

          *    Any rate of deceleration is acceptable, all factors
considered, e.g., heat dissipation.

          Note:     It is recommended that means other than the disconnect
switch be used to remove the power.

          8.6.12.7  Car and Counterweight Oil Buffers

          8.6.12.7.1     Plunger Return Test

          Oil buffers must be tested as specified in Requirement
8.10.2.2.5(c)(2) at intervals not longer than 5 years.

          8.6.12.8  Hydraulic Driving Machine Relief Valve Setting

          The relief valve setting (see Requirement 3.19.4.2) must be
tested if the valve is altered or the seal is broken (see Requirement
3.19.4.2.1(c)).  The test must be done by applying pressure from the pump
after

               (a)  closing the main shutoff valve, or

               (b)  inching the empty car upward to engage the plunger
stop ring.

          The relief valve setting must be resealed if it is altered or
if the seal is broken.

          8.6.12.8.1     Inspection of Hydraulic Elevator Cylinder

          Cylinders that are exposed must be visually inspected. 
Cylinders that are not exposed must be tested for leakage.

          8.6.12.9  Car Emergency Lighting System Test

          Car emergency lighting systems must be tested in accordance
with Requirement 2.14.7.1.3).

          8.6.12.10 Free-Fall, Overspeed and Uncontrolled Low Speed
Protection Devices

          8.6.12.10.1    Examination

          All parts relating to free-fall, overspeed and uncontrolled low
speed protection devices must be examined following the manufacturer's
recommendations to determine if the parts are in safe operating condition.

          8.6.12.10.2    Tests and Inspections of Ascending Car Overspeed
and Unintended Car Motion Protection

          Inspections and tests, as required in Requirement
8.10.2.2.2(cc)(1), (2) and (dd), must be carried out, except that full-load
tests are not required.

          8.6.12.11 Examinations and Tests of Escalators

          8.6.12.11.1    General

          Examinations must include the following procedures:

               (a)  the emergency stop buttons required by Requirement
c6.1.6.3.1 must be tested by operating them when the escalator is operated
in each direction of travel;

               (b)  the skirt switches must be checked for compliance
with Requirement 6.1.6.3.6;

               (c)  the speed of the handrail must be tested to ensure
movement in the same direction and at substantially the same speed as the
steps and to ensure that it cannot be easily stalled (see Requirement
6.1.3.4.1);

               (d)  examinations must be performed to ensure that the
clearance on either side of the steps and between the step and the adjacent
skirt guard does not exceed the distances prescribed in the applicable
code;

               (e)  combplates must be examined to ensure that:

                         (i)  no more than one tooth is missing from
any section;

                         (ii) no 2 adjacent teeth are missing;

                         (iii)     all leading edges of teeth are below
the upper surface of the step treads;

                    and all combplates that do comply must immediately
be replaced or adjusted;

               (f)  where skirt panels do not conform with Requirement
c6.1.3.3.6(c), a friction-reducing agent must be applied as required to
prevent excessive friction;

               (g)  step treads and risers must be checked for wear,
breakage and loose screws and when necessary corrective actions must be
taken;

               (h)  checks must be made to ensure that all caution
signs as required by Requirement 6.1.6.9 are posted;

               (i)  operation of the broken step-chain as required by
Requirement 6.1.6.3.3 must be tested by operating the actuating device by
hand;

               (j)  operation of the broken drive-chain device as
required by Requirement 6.1.6.3.4, where a drive-chain is used, must be
tested by operating the actuating device by hand;

               (k)  the step obstruction device must be tested for
compliance with Requirement 6.1.6.3.6;

               (l)  if a speed governor is required by Requirement
6.1.6.3.2, the governor must be examined and the switch tested by operating
it by hand;

               (m)  the stop-switch in the machinery space must be
checked for compliance with Requirement 6.1.6.3.5;

               (n)  the anti-reversal mechanism switch must be checked
for compliance with Requirement 6.1.6.3.8;

               (o)  the step upthrust devices must be checked for
compliance with Requirement 6.1.6.3.9;

               (p)  the brakes must be tested for compliance with 
Requirement 6.1.5.3.1;

               (q)  the clearance between successive steps as a means
to indicate wear or stretch of the step-chains must be checked.  If this
clearance exceeds the distance prescribed in the applicable code,
corrective action must be taken to reduce the clearance immediately.

          8.6.12.12 Repairs and Replacement

          8.6.12.12.1    Replacement Parts and Quality of Work

          8.6.12.12.1.1  Replacement Parts or Components

          Unless otherwise required in 8.6.12.13, any repair and
replacement of damaged or worn parts or components shall be with parts of
material and strength equivalent to or better than the original
manufacturer's design.  Any change in the design of components, other than
those specified in 8.6.12.13 or 8.7, that might affect the safe operation
of the equipment shall be certified for use by a Professional Engineer. 
Copy of Certification shall be retained by the contractor and recorded in
the log book.

          8.6.12.12.1.2  Quality of Work

          Repair and replacement must be done in a competent manner. 
Care should be taken during operations such as torquing, drilling, cutting
and welding to ensure that no component of the assembly is damaged or
weakened so as to affect the safe operation of the equipment.  Rotating
parts shall be properly aligned within the manufacturer's design
tolerances.

          8.6.12.12.2    Refastening or Resocketing of Car-Hoisting Ropes on
Winding-Drum Machines

          8.6.12.12.2.1

          The hoisting ropes of elevators or dumbwaiters that have
winding-drum driving machines with 1:1 roping, if of the babbitted rope
socket type, shall be resocketed, or other types of fastenings replaced or
moved on the rope to a point above the existing fastening at the car ends,
at intervals no longer than

               (a)  1 year, for machines located over the hoistway, and

               (b)  2 years, for machines located below or at the side
of the hoistway.

          8.6.12.12.2.2

          When resocketing babbitted rope sockets or replacing other
types of fastenings, a sufficient length shall be cut from the end of the
rope to remove damaged or fatigued portions.  The fastenings must conform
to the requirements of 2.20.9.4.

          8.6.12.12.2.3

          A legible metal tag shall be securely attached to one of the
wire rope fastenings after each resocketing or each change to other types
of fastenings and shall bear the following information:

               (a)  the name of the person or firm who performed the
resocketing or changed the types of fastenings;

               (b)  the date on which the rope was resocketed or the
types of fastenings were changed.

          8.6.12.12.3    Procedure for Replacement of Governor Ropes

          8.6.12.12.3.1

          Replacement governor ropes shall be of the same size, material
and construction as the rope originally furnished by the elevator
manufacturer.  Related tests shall be performed.

          8.6.12.12.3.2

          A new rope data tag conforming to 2.20.2.2 shall be installed
at each rope renewal and the date of the rope replacement and the data from
the tag shall be recorded in the log book for the device.

          8.6.12.12.4    Procedure for Replacement of All Ropes Other Than
Governor Ropes

          8.6.12.12.4.1

          Replacement ropes shall be specified by the original elevator
manufacturer or be at least equivalent in strength and design to the
original ropes.

          8.6.12.12.4.2

          When replacing suspension, compensating and car or drum
counterweight ropes, all ropes in a set shall be replaced.  The ropes in
the set shall all be from the same manufacturer and of the same material,
grade, construction and diameter.

          8.6.12.12.4.3

          A new rope data tag conforming to 2.20.2.2 shall be installed
at each rope renewal and the date of the rope replacement and the data from
the tag shall be recorded in the log book for the device.

          8.6.12.12.4.4

          For runby and clearances, refer to 8.6.3.3.3.

          8.6.12.12.5    Procedure for Replacement of Belts or Chain Sets

          If one belt or entire chain of a set is worn or stretched
beyond the manufacturer's service recommendation or is damaged so as to
require replacement, the entire set shall be replaced.  Sprockets and
toothed sheaves shall also be replaced if worn beyond the manufacturer's
service recommendation.

          8.6.12.13 Replacement of Specific Elevator Components

          8.6.12.13.1    General

          Replacement of elevator components specified in 8.6.12.13.2 to
8.6.12.13.7 shall constitute an alteration and shall comply with
requirements specified therein and also applicable requirements in 8.7.1.3.

          8.6.12.13.2    Replacement of Driving Machine

          Where a driving machine is replaced, the installation must
conform to the requirements specified in 8.7.2.25.1(a).

          8.6.12.13.3    Replacement of Controller

          8.6.12.13.3.1  Elevator Controller

          Where an elevator controller is replaced it must conform to the
requirements specified in 8.7.2.27.4(a) or 8.7.3.31.5(a), whichever is
applicable.

          8.6.12.13.3.2  Door Controller

          When a controller for operation of the hoistway doors, car
doors or gates is replaced, the replacement controller and wiring must
conform to the requirements of 2.26.4.1 and 2.26.4.2.

          8.6.12.13.4    Replacement of Hydraulic Jack, Plunger, Cylinder

          8.6.12.13.4.1

          Where a hydraulic jack is replaced, the replacement jack must
conform to Requirement 3.18.

          8.6.12.13.4.2

          Where a plunger is replaced, the replacement plunger must
conform to 3.18.1.2 and 3.18.2.

          8.6.12.13.4.3

          Where a cylinder is replaced, the replacement cylinder must
conform to the requirements specified in 8.7.3.23.3.

          8.6.12.13.5    Replacement Valves, Supply Piping and Fittings

          8.6.12.13.5.1

          Where a control valve is replaced it must conform to the
requirements of 3.19.

          8.6.12.13.5.2

          Where relief or check valves or the supply piping or fittings
are replace, the components replaced must conform to the applicable
requirements of 3.19.

          8.6.12.13.5.3

          Where electrically operated control valves are installed in
place of existing mechanically operated valves, for rated speeds of more
than 0.5 m/s (100 ft/min), retention of existing terminal-stopping devices
consisting of an automatic stop valve independent of the normal control
valve and operated by the movement of the car as it approaches the
terminals, where provided, shall be permitted.

          8.6.12.13.6    Replacement of Tanks

          Where a tank is replaced it must conform to the requirements of
3.24.

          8.6.12.13.7    Requirement of Anti-Creep Levelling Device

          Where an anti-creep levelling device is replaced, it must
conform to the requirements of 3.26.3.1.


Repeal
5(1)  The Elevating Devices Codes Regulation (AR 216/97) is repealed.

(2)  The Regulations Governing the Construction, Operation, Maintenance and
Inspection of Inclined Passenger Lifts (AR 338/62) are repealed.


Expiry
6   For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be repassed in
its present or an amended form following a review, this Regulation expires
on June 30, 2013.


Coming into force
7   This Regulation comes into force on August 1, 2003.


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

     Alberta Regulation 241/2003

     Alberta Science and Research Authority Act

     ALBERTA SCIENCE AND RESEARCH AUTHORITY GRANT
     AMENDMENT REGULATION

     Filed:  July 22, 2003

Made by the Lieutenant Governor in Council (O.C. 350/2003) on July 22, 2003
pursuant to section 14 of the Alberta Science and Research Authority Act.


1   The Alberta Science and Research Authority Grant Regulation (AR 179/99)
is amended by this Regulation.


2   Section 10 is amended by striking out "2003" and substituting "2008".


     Alberta Regulation 242/2003

     Judicature Act

     JUSTICES OF THE PEACE COMPENSATION
     COMMISSION REGULATION

     Filed:  July 22, 2003

Made by the Lieutenant Governor in Council (O.C. 352/2003) on July 22, 2003
pursuant to section 42 of the Judicature Act.


     Table of Contents

Definitions    1
Role of the Commission   2
Establishment of the Commission    3
Commission membership    4
Commission expenses 5
Scope of the inquiry     6
Presentation of the report    7
Presentation of the report to the Lieutenant Governor in Council 8
Effective date 9
Effect of recommendations     10
Public notice of inquiry 11
Pre-inquiry procedure    12
Inquiry procedure   13
Criteria  14
Amended report 15
Review    16
Communication  17
Costs     18
Judicial review     19
Notice    20
Effect of regulation     21
Expiry    22
Repeal    23


Definitions
1   In this Regulation,

     (a)  "Association" means the representative of the justices of the
peace designated in a writing delivered to the Minister and signed by 2 or
more justices of the peace claiming authorization to designate a
representative of the justices of the peace;

     (b)  "Commission" means the 2003 Alberta Justices of the Peace
Compensation Commission appointed under section 3;

     (c)  "justices of the peace" means

               (i)  sitting justices of the peace as defined in the
Justice of the Peace Act, and

               (ii) presiding justices of the peace as defined in the
Justice of the Peace Act;

     (d)  "minister" means any minister of the Crown;

     (e)  "Minister" means the Minister of Justice and Attorney General;

     (f)  "reasons" means an explanation in writing that meets the
justification standard under the Constitution of Canada used to evaluate
decisions of a government to depart from a recommendation of an independent
body regarding judicial compensation;

     (g)  "report" means the report of the Commission presented to the
Minister and the Association under section 7 and any amended report
presented to the Minister and the Association under section 15.


Role of the Commission
2(1)  The Commission must make recommendations respecting the compensation
of justices of the peace.

(2)  The Commission must determine issues relating to compensation of
justices of the peace independently, effectively and objectively.

(3)  The Commission is to contribute to maintaining and enhancing the
independence of the justices of the peace through the inquiry process and
its report.


Establishment of the Commission
3(1)  The 2003 Alberta Justices of the Peace Compensation Commission
consists of

     (a)  one member appointed by the Minister on nomination by the
Association,

     (b)  one member appointed by the Minister, and

     (c)  one member appointed by the Minister on nomination by the
members appointed under clauses (a) and (b).

(2)  The member appointed under subsection (1)(c) is the chair of the
Commission.

(3)  If a member resigns or is unable for any reason to discharge the
responsibilities of a member, the Minister must appoint a replacement
member but in the case of a member appointed under subsection (1)(a) or (c)
only after receiving a nomination in accordance with subsection (1).


Commission membership
4   Active judges, justices of the peace, members of the Legislative
Assembly, members of other boards and commissions appointed by the
Lieutenant Governor in Council or by a minister, persons who hold office by
way of an appointment by the Lieutenant Governor in Council or by a
minister and employees, as defined in the Public Service Act, may not be
members of the Commission.


Commission expenses
5(1)  The Crown must pay the Commission all reasonable expenses incurred by
the Commission in conducting an inquiry and preparing a report.

(2)  A member of the Commission is entitled to compensation and
reimbursement for expenses as determined by the Minister.


Scope of the inquiry
6   The Commission must conduct an inquiry respecting the appropriate level
of compensation for justices of the peace who serve on a full time, part
time or ad hoc basis.


Presentation of the report
7   The Commission must present a report to the Minister and the
Association at a time determined by the Minister.


Presentation of the report to the Lieutenant Governor in Council
8   Within 90 days of the presentation of a report under section 7 or an
amended report under section 15, whichever is the later, the Minister must
place the report before the Lieutenant Governor in Council, obtain its
decision, and if any of the recommendations in the report are not accepted,
ensure that reasons are provided.


Effective date
9   The effective date of any recommendations in a report is April 1, 2003
and is for the period April 1, 2003 to March 31, 2006.


Effect of recommenda-tions
10(1)  Subject to subsection (2), a recommendation in a report is binding
on the Crown.

(2)  A recommendation that is not accepted in whole or in part in reasons
issued by the Lieutenant Governor in Council and delivered to the
Association within 90 days of the date the report under section 7 or an
amended report under section 15, whichever is later, is not binding on the
Crown.


Public notice of inquiry
11   The Commission must give public notice of the commencement of its
inquiry as it considers necessary and the notice must advise of the closing
date for written submissions.


Pre-inquiry procedure
12   At the earliest opportunity, prior to the commencement of the inquiry,
the Minister and the Association must meet with the Commission to address
any preliminary matters that may arise and any other matters that the
Commission considers advisable.


Inquiry procedure
13(1)  Subject to this section, the Commission may determine its own
inquiry procedure.

(2)  The Minister and the Association must provide the Commission with an
agreed statement of facts and an agreed list of exhibits to be filed, to
the extent that they have been able to agree on them.

(3)  The Commission may record any inquiry proceedings and must provide
transcripts to those who request them and pay the required fee.

(4)  The Commission may accept such evidence as is relevant to the
determination of the issues and is not required to adhere to the rules of
evidence applicable to courts of civil or criminal jurisdiction.

(5)  Any member of the public is entitled to attend the inquiry and to make
written submissions to the Commission.

(6)  The Commission may, after hearing from the Minister and the
Association, choose to limit to written submissions any submission from an
individual justice of the peace.

(7)  The Commission may, after hearing from either the Minister or the
Association, grant leave to any member of the public to make oral
submissions.

(8)  The Commission may require the attendance of any person who has filed
a written submission and may require that person to respond to any
questions from either the Minister or the Association, as well as from the
Commission.

(9)  If any person fails to appear when required to do so or to respond to
questions as directed, the Commission may ignore the written submissions of
the person who fails to appear or respond to a question as directed.

(10)  The Commission may on application direct the Minister and the
Association to produce documents not subject to privilege.

(11)  The testimony of witnesses must be under oath or affirmation.

(12)  The Commission may not award costs for written submissions but may
award the reasonable travel, accommodation and meal expenses of anyone
required by the Commission to attend.

(13)  Any one requesting copies of any written submissions to the
Commission is entitled to receive a copy of the submissions on payment of a
reasonable fee.

(14)  The recommendations in a report must be based solely on the evidence
submitted to the Commission.


Criteria
14   The Commission, in making the recommendations in its report, must
consider the following criteria:

     (a)  the constitutional law of Canada;

     (b)  the need to maintain the independence of the justices of the
peace;

     (c)  the unique nature of the role of justices of the peace;

     (d)  the need to attract qualified applicants;

     (e)  the compensation other justices of the peace in Canada receive;

     (f)  the growth and decline in real per capita income;

     (g)  the need to provide fair and reasonable compensation for
justices of the peace in light of prevailing economic conditions in Alberta
and the overall state of the economy;

     (h)  the cost of living index and the position of the justices of
the peace relative to its increases;

     (i)  the nature of the jurisdiction of justices of the peace;

     (j)  the current financial position of the government;

     (k)  any other factors relevant to the matters in issue.


Amended report
15(1)  The Commission may amend its report presented under section 7 after
reviewing the submissions of the Minister and the Association if

     (a)  the Commission is satisfied that its report

               (i)  failed to deal with an issue raised during the
inquiry, or

               (ii) contains an obvious error,

     and

     (b)  the Minister or the Association requests that the Commission
amend its report within 15 days of receipt of the report under section 7.

(2)  Within 7 days of receipt of a request under subsection (1), the
Commission must either present an amended report to the Minister and the
Association or inform the Minister and the Association that no amended
report will be presented.

(3)  An amended report under subsection (2) may only differ from the report
presented under section 7 so far as is necessary to deal with the matters
under subsection (1).


Review
16   The Minister and the Association may meet at any time to discuss
improvements to the Commission inquiry process.


Communica-tion
17(1)  The Minister must advise the Association of any changes made to the
compensation of justices of the peace after the presentation of a report
under section 7 or an amended report under section 15 within 14 days of the
Lieutenant Governor in Council's decision to change the compensation of the
justices of the peace and the Association must inform the justices of the
peace of any change.

(2)  The Minister must provide the Association with one updated copy of the
legislation, regulations or schedules related to changes described in
subsection (1).

(3)  The Association must provide the justices of the peace with updated
copies of legislation, regulations or schedules as necessary.


Costs
18   The Commission may order the Crown to pay the reasonable costs
incurred by the Association in making its submissions to the Commission.


Judicial review
19(1)  If

     (a)  the Lieutenant Governor in Council makes a decision to not
accept one or more of the recommendations in whole or in part contained in
the report, and

     (b)  the Association or any justice of the peace brings an
application for judicial review of that decision and the application is
successful,

the Lieutenant Governor in Council has 90 days from the day that the
application is granted to reconsider the report's recommendations in
accordance with the directions, if any, of the Court.

(2)  If an application for judicial review is successful, the report is not
deemed to be binding on the Crown solely because the reasons given by the
Lieutenant Governor in Council for not accepting one or more of the
recommendations in whole or in part were found to be inadequate by the
Court.


Notice
20(1)  If notice is required to be given to the Crown or the Minister,

     (a)  it must be given by leaving a written copy of the notice at the
legislative office of the Minister, or

     (b)  if the Crown or the Minister gives notice in writing of the
appointment of counsel, it may be given by service on counsel as provided
for in the Alberta Rules of Court.

(2)  If notice is required to be given to the Association, it must be given
by service on counsel as provided for in the Alberta Rules of Court.

(3)  Within 7 days of the date this Regulation comes into force, the
Association must give the Minister notice of the appointment of counsel.


Effect of regulation
21   This Regulation only has effect for the Commission appointed in 2003.


Expiry
22   This Regulations expires on March 31, 2006.


Repeal
23   The Justices of the Peace Compensation Commission Regulation (AR
8/2000) is repealed.


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

     Alberta Regulation 243/2003

     Public Health Act

     NUISANCE AND GENERAL SANITATION REGULATION

     Filed:  July 22, 2003

Made by the Lieutenant Governor in Council (O.C. 354/2003) on July 22, 2003
pursuant to section 66 of the Public Health Act.


     Table of Contents

Definitions    1

     Part 1
     Nuisance

     General

Prohibition    2
Duty to inquire     3
Disposal of things  4

     Toilet Facilities

Location, maintenance, etc.   5
Privies at fairs, etc.   6
Indoor toilet facilities 7

     Waste Storage and Removal

Storage of garbage and refuse 8
Garbage at fairs, etc.   9

     Disposal of Dead Animals

Disposal of dead animals 10

     Part 2
     Potable Water

     Water Supplies

Water must be potable    11
Maintenance of equipment 12
Water tanks    13
Cisterns  14

     Wells

Location and maintenance of wells  15

     Part 3
     Public Beaches

Water quality standards  16
Notice    17

     Part 4
     Repeals and Expiry

Repeal    18
Expiry    19

Schedule


Definitions
1   In this Regulation,

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

     (b)  "beach" means any natural body of water intended by the
operator to be used for recreational swimming or bathing, and includes the
shore, grounds, buildings and equipment used in connection with the body of
water;

     (c)  "constructed beach" means a body of water that

               (i)  is artificially created,

               (ii) has a depth of more than 600 millimetres at any
point, and

               (iii)     has as its principal intended use recreational
swimming or bathing,

          and includes the shore, grounds, buildings and equipment used
in connection with the body of water, but does not include a swimming pool
or wading pool as defined under the Swimming Pool Regulation (AR 247/85);

     (d)  "executive officer" means an executive officer within the
meaning of section 9 or 16 of the Act;

     (e)  "health region" means a health region established under the
Regional Health Authorities Act;

     (f)  "nuisance" means a condition that is or might become injurious
or dangerous to the public health, or that might hinder in any manner the
prevention or suppression of disease;

     (g)  "owner", with respect to land or a premises, means the
registered owner and any person in the actual or apparent  possession or
control of the land or premises;

     (h)  "potable water" means water that is safe for human consumption.


     PART 1

     NUISANCE

     General

Prohibition
2(1)  No person shall create, commit or maintain a nuisance.

(2)  Without limiting the generality of subsection (1), a person who
creates, commits or maintains

     (a)  any premises in a condition that

     (b)  any street, pool, ditch, gutter, watercourse, sink, cistern,
water closet, privy, urinal, cesspool or drain in a condition that

     (c)  any well, spring or other water supply, or any ice supply in a
condition that

     (d)  any stable or other building in which birds or animals are kept
in such a manner or in such numbers that it

     (e)  any accumulation or deposit of offensive matter, waste or
manure wherever situated, that

     (f)  any work, trade or business so situated that

     (g)  any chimney emitting smoke or other aerosol in a quantity or in
a manner that

     (h)  any building that, due to

               (i)  its not being in a clean state,

               (ii) the presence in it of noxious vapours or odours
arising from any drain, water closet or urinal, or

               (iii)     lack of ventilation in it sufficient to render
harmless any gases, vapours, dust or other impurities generated in it,

is or might become injurious or dangerous to the public health or that
might hinder in any manner the prevention or suppression of disease is
deemed to have created, committed or maintained a nuisance.


Duty to inquire
3   An executive officer who receives a complaint alleging the existence of
a nuisance in the health region in which that person is designated an
executive officer shall inquire into the substance of the complaint.


Disposal of things
4   Where, pursuant to section 62 of the Act, an executive officer abates
or removes or orders the abatement or removal of any thing that is or is
likely to become a nuisance, the executive officer may dispose of the thing
in any manner the executive officer considers proper, and the owner of the
thing has no claim in respect of it.


     Toilet Facilities

Location, maintenance, etc.
5   The owner of an outdoor privy shall ensure that

     (a)  the outdoor privy

               (i)  is located and maintained so that no nuisance is
created,

               (ii) is maintained in a clean and sanitary condition and
in good working order, and

               (iii)     is protected so that vermin do not have access to
the contents,

     and

     (b)  in the case of an outdoor pit privy, the contents are covered
with earth or other suitable material when the outdoor pit privy is
abandoned or removed.


Privies at fairs, etc.
6(1)  The operator of a fair, exhibition, sport day, festival, social,
concert, carnival or other similar gathering shall ensure that 

     (a)  temporary outdoor privies are provided at the event in the
number determined in accordance with the Schedule, and

     (b)  hand washing facilities are provided at or near the outdoor
privies.

(2)  Subsection (1) only applies

     (a)  where other toilet facilities are not provided at the event, or

     (b)  where other toilet facilities are provided at the event but are
fewer in number than the number required by the Schedule, in which case
temporary outdoor privies must be used to supplement the other facilities
to the total number required by the Schedule.


Indoor toilet facilities
7   The owner of a public place at which toilet facilities are provided
shall ensure that

     (a)  the toilet facilities are installed and maintained so that they
are accessible to the persons for whom they are intended,

     (b)  the toilet facilities are maintained in a clean and sanitary
condition and in good working order, and

     (c)  hand washing facilities are provided at or near the toilet
facilities.


     Waste Storage and Removal

Storage of garbage and refuse
8(1)  Subject to subsection (4), any person having garbage or refuse to
dispose of shall keep it, until it is collected for final disposal, in
flyproof and waterproof containers constructed in accordance with this
section.

(2)  Garbage and refuse must be held in containers constructed of metal or
other substantial and impervious material.

(3)  Where plastic bags are used to keep garbage or refuse, other than lawn
cuttings or similar material, the plastic bags must be properly closed and
held in cleanable enclosures made from suitable substantial material. 

(4)  Subsections (1) to (3) do not apply where there is a municipal bylaw
in effect respecting the matters dealt with by those subsections.


Garbage at fairs, etc.
9   The operator of a fair, exhibition, sport day, festival, social,
concert, carnival or other similar gathering shall ensure that

     (a)  the grounds are provided with receptacles for garbage and
refuse in a number, of a type and located so as to adequately meet the
needs of the event, and

     (b)  garbage and refuse are removed from the grounds in a timely
manner.


     Disposal of Dead Animals

Disposal of dead animals
10   Where an animal dies or is accidentally killed and the owner or person
in possession of the animal is unknown, cannot be found or neglects to
dispose of it, an executive officer may, by notice in writing, require the
municipality in which the carcass is located to immediately dispose of it.


     PART 2

     POTABLE WATER

     Water Supplies

Water must be potable
11   Where a person provides a source of water that the person intends to
be used or realizes or ought to realize will be used by the public for
human consumption, the person shall ensure that the water is potable.


Maintenance of equipment
12   Where under any law a potable water supply is required to be provided
in or at any public place, the owner of the public place shall ensure that
the equipment used for the transmission, treatment and storage of the water
is maintained in adequate operating condition and in a clean and sanitary
condition.


Water tanks
13(1)  The owner of a water tank or other receptacle on a vehicle used to
hold a potable water supply for delivery for consumption by the public
shall ensure that the tank or other receptacle

     (a)  is maintained in a clean and sanitary condition, and

     (b)  is not used for any other purpose.

(2)  A person supplying or delivering a potable water supply for
consumption by the public by means of a tank or receptacle referred to in
subsection (1) shall ensure that

     (a)  the water is protected from contamination, and

     (b)  the pumps, hoses and other equipment used in the supply or
delivery are maintained and operated in a clean and sanitary condition.


Cisterns
14   The owner of a cistern that is used to hold a potable water supply
intended for consumption by the public shall ensure that the cistern

     (a)  is maintained in a clean and sanitary condition, and

     (b)  is not used for any other purpose.


     Wells

Location and maintenance of wells
15(1)  No person shall locate a water well within

     (a)  10 metres of any watertight septic tank, pump out tank or other
watertight compartment of a sewage or waste water system,

     (b)  15 metres of a weeping tile field, an evaporative treatment
mound or an outdoor pit privy,

     (c)  30 metres of a leaching cesspool,

     (d)  50 metres of sewage effluent on the ground surface,

     (e)  100 metres of a sewage lagoon, or

     (f)  450 metres of any area where waste is or may be disposed of at
a landfill within the meaning of the Waste Control Regulation (AR 192/96).

(2)  No person shall

     (a)  locate a watertight septic tank, pump out tank or other
watertight compartment of a sewage or waste water system within 10 metres
of a water well,

     (b)  locate a weeping tile field, an evaporative treatment mound or
an outdoor pit privy within 15 metres of a water well,

     (c)  deposit sewage effluent on the ground surface within 50 metres
of a water well,

     (d)  locate a sewage lagoon within 100 metres of a water well, or

     (e)  locate a landfill so that an area where waste is or may be
disposed of is located within 450 metres of a water well.


     PART 3

     PUBLIC BEACHES

Water quality standards
16(1)  No person shall operate or permit the operation of a beach or
constructed beach unless the water quality in the swimming or bathing area
meets at least one of the following standards:

     (a)  the geometric mean of bacteriological counts from not fewer
than 5 samples of water from the swimming or bathing area taken over a
30-day period does not exceed 200 faecal coliforms per 100 millilitres of
water,  calculated in accordance with the following formula:

          geometric mean = 

          where x is the bacteriological count per 100 millilitres of
water in each sample and n is the number of samples;

     (b)  no 2 consecutive samples of water from the swimming or bathing
area have a bacteriological count in excess of 400 faecal coliforms per 100
millilitres of water.

(2)  Subsection (1) applies whether or not a fee or other charge is imposed
in respect of the swimming or bathing.


Notice
17   Where the water quality in swimming or bathing areas of a beach or
constructed beach does not comply with section 16(1), an executive officer
may erect a notice or require the owner or operator to erect a notice to
the effect that the beach or constructed beach is unfit for swimming or
bathing.


     PART 4

     REPEALS AND EXPIRY

Repeal
18   The Nuisance and General Sanitation Regulation (AR 242/85) is
repealed.


Expiry
19   For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be repassed in
its present or an amended form following a review, this Regulation expires
on September 1, 2012.


     SCHEDULE

     Section 6

Number of Minimum Number of
 Persons  Temporary Outdoor Privies

1 -  25                    1  
Number of Persons
of Each Sex    Male Female

 26 -     50    1     2
 51 -     75    2     3
 76 -     100   2     4
101 -     150   3     5
151 -     200   4     6
201 -     300   5     7
301 -     400   6     8
 over 400      7 plus 1 for each   9 plus 1 for each
          additional 200 additional 150

For the purposes of this Schedule, unless the actual proportion of each sex
attending the event can reasonably be anticipated, it shall be considered
that attendance will be equally divided between the sexes.


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

     Alberta Regulation 244/2003

     Marketing of Agricultural Products Act

     ALBERTA WINTER WHEAT PRODUCERS MARKETING
     PLAN AMENDMENT REGULATION

     Filed:  July 22, 2003

Made by the Lieutenant Governor in Council (O.C. 355/2003) on July 22, 2003
pursuant to section 23 of the Marketing of Agricultural Products Act.


1   The Alberta Winter Wheat Producers Marketing Plan Regulation (AR
112/99) is amended by this Regulation.


2   Section 1(p) is amended by repealing subclause (ii) and substituting
the following:

          (ii) is the winter annual form of common wheat (TRITICUM
AESTIVUN L. em THELL)  and includes all Red Winter Wheat and White Winter
Wheat cultivars including all eligible grades of Winter Wheat as specified
by the Canadian Grain Commission standards.


3   Section 22(2)(c) is amended by striking out "30" and substituting "15".


4   Section 24 is amended

     (a)  in subsection (1) by striking out "in the case of regions 1 to
5,";

     (b)  by repealing clause (b) and substituting the following:

               (b)  one director who carries out production of the
regulated product in one or more regions and is elected at large at the
annual Commission meeting from among the producers.


5   Section 27 is amended

     (a)  in subsection (2)

               (i)  in clause (a) by striking out "region 6" and
substituting "the producers at large";

               (ii) in clause (c) by striking out "region 2 and one
director to represent region 6" and substituting "regions 2 and 6";

     (b)  in subsection (4) by striking out "2" and substituting "3".


6   Section 29 is amended

     (a)  in subsection (1) by striking out "5" and substituting "6";

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

     (2)  Notwithstanding section 37(3)(a), to be eligible for election as
a director to represent the producers at large, an eligible producer must
carry on production of the regulated product in one or more of the regions.


7   Section 42 is amended by striking out "2003" and substituting "2010".


8   The Schedule is repealed and the Schedule to this Regulation is
substituted.


9(1)  In this section,

     (a)  "amended Plan" means the Plan as amended by this Regulation;

     (b)  "board" means the board of directors of the Alberta Winter
Wheat Producers Commission;

     (c)  "director" means a person who immediately before the coming
into force of this Regulation held office under the Plan as a director;

     (d)  "former region" means a region under the Plan that existed
immediately before the coming into force of this Regulation;

     (e)  "new region" means a region provided for under the amended
Plan;

     (f)  "the Plan" means the Alberta Winter Wheat Producers Marketing
Plan that was amended, revised and continued under Alberta Winter Wheat
Producers Marketing Plan Regulation (AR 112/99).

(2)  On the coming into force of this Regulation,

     (a)  the directors continue, subject to this section, to hold office
as directors under the amended Plan until their terms of office expire or
the successors to their positions are sooner elected or they are replaced
under the amended Plan;

     (b)  the director for the former Region 1 becomes the director for
the new Region 1;

     (c)  the director for the former Region 3 becomes the director for
the new Region 2;

     (d)  the director for the former Region 4 becomes the director for
the new Region 3;

     (e)  the director for the former Region 5 becomes the director for
the new Region 4;

     (f)  the board shall designate one of the directors for the former
Region 6 as the director for the new Region 5 and the other director for
the former Region 6 as the director to represent the producers at large;

     (g)  the position of director for the new Region 6 is deemed to be
vacant and the board shall, with the approval of the Alberta Agricultural
Products Marketing Council,

               (i)  appoint an individual to fill that position from
among the eligible producers under the amended Plan who would be eligible
to be elected to that position, and

               (ii) prescribe the term of office for the position
filled under subclause (i);

     (h)  the board may, notwithstanding when a director's term of office
is to expire under the amended Plan, shorten or increase the period of time
during which the director's term of office is to continue in order to
permit elections for directors to be conducted in accordance with section
27 of the amended Plan.


     SCHEDULE

     BOUNDARIES OF THE REGIONS

1   Region 1 is comprised of the area that is included within the following
boundaries:

     Western Boundary:   Alberta-British Columbia border;
     Southern Boundary:  49th Parallel;
     Eastern Boundary:   Highway #4 north to intersect with 
          Highway #36 and then north on Highway #36 to Taber;
     Northern Boundary:  Highway #3.


2   Region 2 is comprised of the area that is included within the following
boundaries:

     Western Boundary:   Highway #4 north to intersect with 
          Highway #36 and then north on Highway #36 to Taber;
     Southern Boundary:  49th Parallel;
     Eastern Boundary:   Alberta-Saskatchewan border;
     Northern Boundary:  Highway #3 east to intersect with 
          Highway #1 and then east on Highway #1 to the
Alberta-Saskatchewan border.


3   Region 3 is comprised of the area that is included within the following
boundaries:

     Western Boundary:   Highway #36;
     Southern Boundary:  Highway #3 east to intersect with 
          Highway #1 and then east on Highway #1 to the
Alberta-Saskatchewan border;
     Eastern Boundary:   Alberta-Saskatchewan border;
     Northern Boundary:  Highway #9.


4   Region 4 is comprised of the area that is included within the following
boundaries:

     Western Boundary:   Alberta-British Columbia border;
     Southern Boundary:  Highway #3;
     Eastern Boundary:   Highway #36;
     Northern Boundary:  Highway #9 west to intersect with 
          Highway #1 and then west on Highway #1 to the Alberta-British
Columbia border.


5   Region 5 is comprised of the area that is included within the following
boundaries:

     Western Boundary:   Alberta-British Columbia border;
     Southern Boundary:  Highway #9 west to intersect with 
          Highway #1 and then west on Highway #1 to the Alberta-British
Columbia border;
     Eastern Boundary:   Highway #56 north to intersect with 
          Highway #26 then west on Highway #26 to intersect with Highway
#21 then north to Fort Saskatchewan to intersect with Highway #37 then west
on Highway #37 to intersect with Highway #28A then east on Highway #28/28A
to the Alberta-Saskatchewan border;
     Northern Boundary:  Alberta-Northwest Territories border.


6   Region 6 is comprised of the area that is included within the following
boundaries:

     Western Boundary:   Highway #56 north to intersect with 
          Highway #26 then west on Highway #26 to intersect with Highway
#21 then north to Fort Saskatchewan;
     Southern Boundary:  Highway #9;
     Eastern Boundary:   Alberta-Saskatchewan border;
     Northern Boundary:  Highway #28/28A.


     Alberta Regulation 245/2003

     Employment Pension Plans Act

     EMPLOYMENT PENSION PLANS AMENDMENT REGULATION

     Filed:  July 22, 2003

Made by the Lieutenant Governor in Council (O.C. 357/2003) on July 22, 2003
pursuant to section 87 of the Employment Pension Plans Act.


1   The Employment Pension Plans Regulation (AR 35/2000) is amended by this
Regulation.


2   Section 1 is amended

     (a)  in subsection (1)

               (i)  in clause (d) by striking out "3.1" and
substituting "4";

               (ii) in clause (h) by striking out "35(2)" and
substituting "44(2)";

     (b)  in subsection (2) by striking out "1(1)(j) and (q)" and
substituting "1(1)(l) and (u)";

     (c)  in subsection (3) by striking out "1(1)(m.1)" and substituting
"1(1)(p)";

     (d)  in subsection (4) by striking out "1(1)(s.1)" and substituting
"1(1)(x)";

     (e)  in subsection (5) by striking out "1(1)(z)" and substituting
"1(1)(gg)";

     (f)  in subsection (6) by striking out "1(1)(aa.1)" and substituting
"1(1)(ii)";

     (g)  in subsection (7) by striking out "1(1)(ee.1)(i)" and
substituting "1(1)(nn)(i)";

     (h)  in subsection (8) by striking out "1(1)(ee.1)(ii)" and
substituting "1(1)(nn)(ii)";

     (i)  in subsection (9) by striking out "1(1)(qq)(i.1)" and
substituting "1(1)(ccc)(ii)";

     (j)  by repealing subsection (10) and substituting the following:

          (10)  For the purposes of section 2(1) of the Act, the purposes
of the Act prescribed relate to the interpretation of sections 1(1)(m),
(n), (o) and (y) and (3), 31, 32, 34, 35(6) and (13), 37(2) and 38(1) of
the Act.


3   Section 2 is amended

     (a)  in subsection (1)

               (i)  in clause (m) by striking out "44.1(1)(c)" and
substituting "58(1)(c)";

               (ii) in clause (p)(i) by striking out "42(1)" and
substituting "55(1)";

               (iii)     in clause (p)(ii) by striking out "1(1)(e)(i)(A)"
and substituting "1(1)(h)(i)(A)";

               (iv) in clause (q) by striking out "6(4)" and
substituting "13(4)";

     (b)  in subsection (3)

               (i)  in clause (a) by striking out "27(1) or (2) or
44.7(2)" and substituting "35(1) or (2) or 64(2)";

               (ii) in clause (d) by striking out "22.1(5)" and
substituting "30(5)";

     (c)  in subsection (4) by striking out "20" and substituting "27";

     (d)  in subsection (5) by striking out "1.01(1)" and substituting
"2(1)".


4   Section 2.1 is repealed and the following is substituted:

Application of legislation to new Universities pension plan
     2.1   The Act and this Regulation apply to the new pension plan
regulated under that legislation and called the "Universities Academic
Pension Plan" subject to the exemptions and other provisions that are
contained in Schedule 0.1.


5   Section 4 is amended

     (a)  by striking out "section 4" and substituting "section 9";

     (b)  by repealing clause (a) and substituting the following:

               (a)  sections 8, 14(1), (2) and (3), 15(1) and (4),
19(1), 20(1), 23(2), 36(5), 45(1) and (2), 50(1), 73(1) and 76(3) and (4)
of the Act, and


6   Section 5(2) is amended by striking out "5.01(2)" and substituting
"11(2)".


7   Section 6 is amended

     (a)  in subsection (1)

               (i)  by striking out "7(3)(a)(ii)" and substituting
"14(3)(a)(ii)";

               (ii) by striking out "12(1)" and substituting "19(1)";

     (b)  in subsection (2) by striking out "12(1)" and substituting
"19(1)";

     (c)  in subsection (4) by striking out "58(1)(c)" and substituting
"83(1)(c)".


8   Section 7 is amended by striking out "12(1)(a)" and substituting
"19(1)(a)".


9   Section 8 is amended

     (a)  in subsection (1) by striking out "7(3)(a)(i)" and substituting
"14(3)(a)(i)";

     (b)  by striking out "7(3)(a)(ii)" wherever it occurs and
substituting "14(3)(a)(ii)";

     (c)  in subsection (2) by striking out "48(2)" and substituting
"73(2)".


10   Section 10(1) is amended by striking out "7(3)(b)" and substituting
"14(3)(b)".


11   Section 11 is amended

     (a)  in subsection (1) by striking out "7(3)(c)" and substituting
"14(3)(c)";

     (b)  in subsection (2) by striking out "7(3)(d)" and substituting
"14(3)(d)".


12   Section 12 is amended

     (a)  by striking out "section 8(1)(a)" wherever it occurs and
substituting "section 15(1)(a)";

     (b)  in subsection (1)(b) by striking out "23(3)" and substituting
"31(4)".


13   Section 13(1) is amended

     (a)  by striking out "8(1)(a)(ii)" and substituting "15(1)(a)(ii)";

     (b)  in clause (a) by striking out "28" and substituting "36".


14   Section 14(1) is amended

     (a)  by striking out "section 8(1)(b)" and substituting "section
15(1)(b)";

     (b)  in clause (j) by striking out "30(3) or, if applicable, (4)"
and substituting "38(3) or, if applicable, (6)".


15   Section 15(1) is amended

     (a)  by striking out "section 8(1)(c)" and substituting "section
15(1)(c)";

     (b)  in clause (g) by striking out "29(2)" wherever it occurs and
substituting "37(2)";

     (c)  in clause (h)(ii) by striking out "32" and substituting "40".


16   Section 16(1) is amended

     (a)  by striking out "section 8(1)(d)" and substituting "section
15(1)(d)";

     (b)  in clause (f)(ii) by striking out "29(2)" and substituting
"37(2)";

     (c)  in clause (h)(ii) by striking out "32" and substituting "40";

     (d)  in clause (k) by striking out "29(2)" and substituting "37(2)";

     (e)  in clause (n) by striking out "45(3.1)" and substituting
"70(5)".


17   Section 17(1) is amended

     (a)  by striking out "8(1)(e)" and substituting "15(1)(e)";

     (b)  in clauses (e) and (f) by striking out "29(2)" and substituting
"37(2)";

     (c)  in clause (g) by striking out "30(1)" and substituting "38(1)".


18   Section 18(2) is amended by striking out "23(3)" and substituting
"31(4)".


19   Section 19(1) is amended

     (a)  by striking out "section 8(1)(f)" and substituting "section
15(1)(f)";

     (b)  in clause (e)(ii) by striking out "31" and substituting "39".


20   Section 20 is amended by striking out "8(1)(g)" and substituting
"15(1)(g)"


21  Section 21 is amended by striking out "8(1)(h)" and substituting
"15(1)(h)".


22   Section 22 is amended

     (a)  in subsection (1) by striking out "8(1)(i)" and substituting
"15(1)(i)";

     (b)  by striking out "51(4)" wherever it occurs and substituting
"76(4)";

     (c)  by striking out "51(3)" wherever it occurs and substituting
"76(3)".


23   Section 23 is amended

     (a)  by striking out "8(1)(j)" and substituting "15(1)(j)";

     (b)  by striking out "37.1(1)" and substituting "47(1)";

     (c)  in clauses (a) and (b) by striking out "37.1" and substituting
"47".


24   Section 24(1) is amended by striking out "8(1)(k)" and substituting
"15(1)(k)".


25   Section 25 is amended

     (a)  in subsection (1)

               (i)  by striking out "8(4)(g)" and substituting
"15(4)(f)";

               (ii) in clause (a)(i) by striking out "8(1)(a)" and
substituting "15(1)(a)";

               (iii)     in clause (c) by striking out "51(3)" and
substituting "76(3)";

     (b)  in subsection (2) by striking out "8(4.l)" and substituting
"15(5)";

     (c)  in subsection (3) by striking out "8(7)" and substituting
"15(9)".


26   Section 26 is amended by striking out "12(1)(a)(v)" and substituting
"19(1)(a)(iv)".


27   Section 27(2) and (3) are amended by striking out "13(1)" and
substituting "20(1)".


28   Section 28(1) is amended by striking out "21(1)(h)" and substituting
"28(1)(h)".


29   Section 29 is amended

     (a)  in subsection (1)

               (i)  by striking out "1(1)(e)(i)(B)" and substituting
"1(1)(h)(i)(B)";

               (ii) in clause (b) by striking out "7(3)(b)" and
substituting "14(3)(b)";

     (b)  in subsection (2) by striking out "1(1)(e)(i)" and substituting
"1(1)(h)(i)";

     (c)  in subsection (4) by striking out "18 and 19" and substituting
"25 and 26".


30   Section 30 is amended

     (a)  in subsection (1)

               (i)  by striking out "22(1)" and substituting "29(1)";

               (ii) in clause (i) by striking out "39(2)" and
substituting "49(2)";

     (b)  in subsection (2) by striking out "22(1) and 22.1(3)(b)" and
substituting "29(1) and 30(3)(b)";

     (c)  in subsection (3) by striking out "22" and substituting "29".


31   Section 31(2) is amended

     (a)  by striking out "23(3)" and substituting "31(4)";

     (b)  by striking out "16(1)" and substituting "23(1)".


32   Section 32 is amended

     (a)  in subsection (1)

               (i)   by striking out "27(3)" and substituting "35(3)";

               (ii) by striking out "27(1) and (2)" and substituting
"35(1) and (2)";

     (b)  in subsection (2) by striking out "27(11)" and substituting
"35(12)".


33   Section 33 is amended

     (a)  in subsection (1) by striking out "28(4)" and substituting
"36(5)";

     (b)  in subsection (2) by striking out "28(2) and (3.1)" and
substituting "36(2) and (4)";

     (c)  in subsection (3) by striking out "28(1) and (3)" and
substituting "36(1) and (3)".


34   Section 34 is amended

     (a)  by striking out "29(1)" wherever it occurs and substituting
"37(1)";

     (b)  in subsection (2) by striking out "29(2)" and substituting
"37(2)".


35   Section 35 is amended

     (a)  in subsection (1)(a) by striking out "22.1(5), 30 or 31(6)" and
substituting "30(5), 38 or 39(6)";

     (b)  in subsection (2) by striking out "57(3)" and substituting
"82(3)";

     (c)  in subsection (5) by striking out "1(1)(e)(i)" and substituting
"1(1)(h)(i)".


36   Section 36 is amended by striking out "30(5)" and substituting
"38(7)".


37   Section 37 is amended by striking out "29(2), 30(1) and (2) or 31(6)
or (7)" and substituting "37(2), 38(1) and (2) or 39(6) or (7)".


38   Section 39 is amended

     (a)  in subsection (1)(a) by striking out "22.1(5), 30 or 31(6)" and
substituting "30(5), 38 or 39(6)";

     (b)  in subsection (2)

               (i)  in clause (h)

                         (A)  by striking out "22.1(5) or 30" and
substituting "30(5) or 38";

                         (B)  by striking out "3.1" and substituting
"4";

               (ii) in clause (i)(i) by striking out "31(6)" and
substituting "39(6)";

     (c)  in subsection (10)(b)(iii) by striking out "30(2)(a)" and
substituting "38(2)(a)";

     (d)  in subsection (10)(h) by striking out "32" and substituting
"40";

     (e)  in subsection (10)(l) by striking out "3.1" and substituting
"4";

     (f)  in subsection (12)

               (i)  by striking out "37(3)" and substituting "46(3)";

               (ii) by striking out "32" and substituting "40".


39   Section 40 is amended

     (a)  in subsection (1) by striking out "30 or 31(6)" and
substituting "38 or 39(6)";

     (b)  in subsection (2)(b)(ii)(A) by striking out "22.1(5)" and
substituting "30(5)";

     (c)  in subsection (3)(e) by striking out "32" and substituting
"40".


40   Section 41 is amended

     (a)  in subsection (1) by striking out "30 or 31(6)" and
substituting "38 or 39(6)";

     (b)  in subsection (2)(b)(ii)(A) by striking out "22.1(5)" and
substituting "30(5)".


41   Section 42(1) is amended by striking out "3.1" and substituting "4".


42   Section 43 is amended by striking out "32(4) and 37(5)" and
substituting "40(4) and 46(5)".


43   Section 44(1) is amended by striking out "33.1(1)(d)" and substituting
"42(1)(d)".


44   Section 45(1) and (2) are amended by striking out "37(1)" and
substituting "46(1)".


45   Section 46 is amended by striking out "37(3)" and substituting
"46(3)".


46   Section 47 is amended

     (a)  in subsections (1) and (2) by striking out "37.1(1)" and
substituting "47(1)";

     (b)  in subsection (6) by striking out "29" and substituting "37".


47   Section 48 is amended

     (a)  in subsection (2) by striking out "38(2)" and substituting
"48(2)";

     (b)  in subsections (4) and (5) by striking out "48(2)" and
substituting "73(2)";

     (c)  in subsection (10)(b)(iv) by striking out "58" and substituting
"83";

     (d)  in subsection (16) by striking out "16(1)" and substituting
"23(1)".


48   Section 49 is amended

     (a)  in subsections (1) and (3) by striking out "40(2)" and
substituting "50(1)";

     (b)  in subsection (3) by striking out "40(4)" and substituting
"50(3)".


49   Section 53(2)(b) is amended by striking out "39(1)" and substituting
"49(1)".


50   Section 55 is amended

     (a)  in subsection (1) by striking out "42(1)" and substituting
"55(1)";

     (b)  by striking out "48(2)" wherever it occurs and substituting
"73(2)";

     (c)  in subsection (2) by striking out "51(3)" and substituting
"76(3)";

     (d)  in subsection (8) by striking out "7(3)(a)" and substituting
"14(3)(a)";

     (e)  in subsection (9) by striking out "51(4)" and substituting
"76(4)".


51   Section 56 is amended

     (a)  in subsection (1) by striking out "44.1(1)" and substituting
"58(1)";

     (b)  in subsection (2)(a) by striking out "44.1(1)(b)" and
substituting "58(1)(b)";

     (c)  in subsection (2)(b) by striking out "3.1" wherever it occurs
and substituting "4".


52   Section 57(b) is amended by striking out "44.6(4)" and substituting
"63(4)".


53   Section 58 is amended

     (a)  in subsection (1)

               (i)  by striking out "44.5 and 44.7(3)" and substituting
"62 and 64(3)";

               (ii) by striking out "section 44.5" and substituting
"section 62";

     (b)  in subsection (2)(b) by striking out "30(2)" and substituting
"38(2)".


54   Section 59(2) is amended by striking out "44.6(4)" and substituting
"63(4)".


55   Section 60 is amended by striking out "44.8" and substituting "66".


56   Section 61(1) and (2) are amended by striking out "44.9" and
substituting "68".


57   Section 62 is amended

     (a)  by striking out "3.1" and substituting "4";

     (b)  by striking out "63(a)" and substituting "88(a)".


58   Section 63 is amended

     (a)  in subsection (1) by striking out "48(2)" and substituting
"73(2)";

     (b)  in subsection (2) by striking out "48(3)" wherever it occurs
and substituting "73(3)";

     (c)  in subsection (2)(a) by striking out "51(3)" and substituting
"76(3)";

     (d)  in subsection (2)(b) by striking out "38" and substituting
"48".


59   Section 64 is amended by striking out "51(3)" and substituting
"76(3)".


60   Section 65 is amended

     (a)  in subsection (2) by striking out "55" and substituting "80";

     (b)  in subsection (4)(a) by striking out "22" and substituting
"29";

     (c)  in subsection (4)(c) by striking out "27" and substituting
"35".


61   Section 66(1) and (4) are amended

     (a)  by striking out "57(3)" and substituting "82(3)";

     (b)  by striking out "57(4)" and substituting "82(4)".


62   Section 67 is amended

     (a)  in subsection (1) by striking out "58(1)(b)" and substituting
"83(1)(b)";

     (b)  by striking out "58(1)(c)" wherever it occurs and substituting
"83(1)(c)";

     (c)  in subsection (2)(b) by striking out "58(1)(a)" and
substituting "83(1)(a)";

     (d)  in subsection (3) by striking out "58(2)" and substituting
"83(2)";

     (e)  in subsection (9) by striking out "58(2)(b)" and substituting
"83(2)(b)".


63   Section 68 is amended

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

               (b)  the Provincial Judges and Masters in Chambers
(Registered) and (Unregistered) Pension Plans;

     (b)  in subsection (2)

               (i)  by striking out "21(1)(g) or 42(2)" and
substituting "28(1)(g) or 55(2)";

               (ii) by striking out "20" and substituting "27";

     (c)  in subsection (3) by striking out "40(4)" and substituting
"50(3)";

     (d)  in subsection (5)

               (i)  by striking out "27(1)" and substituting "35(1)";

               (ii) by striking out "22.1(5)" and substituting "30(5)";

     (e)  in subsection (6)

               (i)  in clause (a)

                         (A)  by striking out "23(3)" and
substituting "31(4)";

                         (B)  by striking out "16(1)" and
substituting "23(1)";

               (ii) by striking out "27(1)" and substituting "35(1)";

               (iii)     by striking out "1(1)(t)" and substituting
"1(1)(y)";

     (f)  in subsection (7)

               (i)  by striking out "30(2)(c)(i)" and substituting
"38(2)(c)(i)";

               (ii) by striking out "22.1(5)" and substituting "30(5)";

     (g)  in subsection (8) by striking out "56(1)" and substituting
"81(1)".


64(1)  Schedule 0.1 is amended in accordance with this section.

(2)  Section 1 is amended

     (a)  in subsection (3) by adding ", except where reference is made
to section 48(3) of the Act," before "are to";

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

     (5)  To any extent that any provision of the Act or this Regulation,
as it applies with respect to the Plan, is inconsistent with a provision of
an Order in Council made under section 14(8)(b) of Schedule 3 to the Public
Sector Pension Plans Act, the latter provision prevails over the former.

(3) Section 3 is amended

     (a)  by striking out "5.01(2)" wherever it occurs and substituting
"11(2)";

     (b)  in subsection (2)(a) by striking out "5.01(1)" and substituting
"11(1)".

(4)  The following is added after section 3:

Actuarial valuation reports and cost certificates - s14(3)(b), Act and
s10(3)(d), Regulation
     3.1(1)  The Plan is exempt from section 14(3)(b)(i)(C) of the Act.

     (2)  Section 14(3)(b)(ii) of the Act is to be treated as reading:

               (ii) cost certificates signed by a person referred to in
subclause (i)(B) and in the form required by the Superintendent, containing
the prescribed information and information necessary for the Superintendent
to be able to determine the Plan's solvency deficiency, if any, and
solvency ratio.

     (3)  Section 10(3)(d)(ii) of this Regulation is to be treated as
reading:

               (ii) the date of establishment and the amount of any
solvency deficiency, the value of the assets and liabilities used to
determine that solvency deficiency, together with the assumptions and
valuation methods used to calculate those liabilities;


Annual statement - s14(1)(i)(iii), Regulation
     3.2   Section 14(1)(i)(iii) of this Regulation is to be treated as
reading:

               (iii)     confirmation that the employer has agreed to pay
any solvency deficiency in respect of its employees or former employees in
the event of the termination of the Plan;


Statement on termination of membership - s15(1)(i), Regulation

     3.3   The Plan is exempt from section 15(1)(i) of this Regulation.


(5)  Section 4 is amended by striking out "21(1)(d)(iv)" and substituting
"28(1)(d)(iv)".

(6)  Section 5 is amended by striking out "22(1)" wherever it occurs and
substituting "29(1)".

(7)  Section 6 is amended

     (a)  in clause (a) by striking out "23(1)" and substituting "31(1)";

     (b)  in clause (b) by striking out "23(2) and (2.1)" and
substituting "31(2) and (3)".

(8)  Section 7 is amended by striking out "27(1)(a)" and substituting
"35(1)(a)".

(9)  The following is added after section 7:

Funding - s48(2), Act and s48, Regulation
     7.1(1)  Subject to section 48(24) of this Regulation, the Plan is
exempt from section 48(2) of the Act, to the extent that that subsection
requires a pension plan to provide for funding in accordance with the
prescribed tests for the solvency of pension plans, unless

               (a)  the Plan is terminated, or

               (b)  an employer withdraws from the Plan in the
circumstances described in section 73(3) of the Act.

     (2)  The reference in section 48(3) of the Act to section 14(3)(b) of
the Act is to be treated as a reference to section 14(3)(b) as treated as
altered by section 3.1(1) and (2) of this Schedule.

     (3)  The Plan is exempt from section 48(7), (8), (9) and (16) of this
Regulation.

     (4)  In section 48(4) and (5) of this Regulation, references to
section 48(3)(c) of this Regulation are to be treated as not existing.

     (5)  In section 48(6), (13), (14) and (20) of this Regulation,
references to "solvency deficiency" are to be treated as not existing.

     (6)  Section 48(15) of this Regulation is to be treated as reading:

          (15)  Notwithstanding subsection (3), where the Plan is
reviewed or the latest review revised pursuant to section 9(7), the 15-year
period referred to in subsection (3)(b)(ii) of this section shall be
treated as commencing to run from the date when the change is made.

     (7)  The following is to be treated as added after section 48(23):

          (24)  The Plan's administrator shall ensure that the Plan's
actuary performs the solvency tests required under section 48(2) of the Act
and reports the results of those tests in actuarial valuation reports and
cost certificates required to be filed pursuant to section 14 of the Act.

          (25)  The Plan's administrator shall notify the Superintendent
if a benefit change adversely affects the solvency of the Plan, and have
the Plan reviewed or the latest review revised as required by section 9(7)
of this Regulation.

(10)  Section 8 is amended by striking out "39(1)" and substituting
"49(1)".

(11)  Section 9 is amended

     (a)  by striking out "57(3)" and substituting "82(3)";

     (b)  by striking out "to the extent that the transfer in question is
in respect of benefits relating to employment before 1992".

(12)  Section 10 is amended

     (a)  in subsection (1)

               (i)  as it incorporates a replacing section 48(3)(b)(i),
by adding "and" at the end;

               (ii) as it incorporates a replacing section
48(3)(b)(ii), by striking out ", and" at the end;

               (iii)     by repealing the replacing section 48(3)(b)(iii);

               (iv) in the replacing section 48(3.1) by adding "and the
loss of that exemption remains permanent, regardless of anything that
happens afterwards" after "apply";

               (v)  by repealing the replacing section 48(3.2) and
(3.3);

               (vi) in the replacing section 48(4)

                         (A)  by striking out "and (iii)";

                         (B)  in clause (a) by striking out "or
solvency deficiency";

                         (C)  in clause (b)

                                   (I)  by striking out "or (iii),
as the case may be,";

                                   (II) by striking out "or
deficiency";

     (b)  by repealing subsection (2).

(13)  The following is added after section 10:

Remitting of contributions and Crown unfunded liability payments
     11   The Plan is exempt from section 49(2) of this Regulation and the
following subsection applies instead:

          (2)  Notwithstanding sections 48(3) and 49(1)(d) of this
Regulation, employer contributions referred to in section 49(1)(d), and
contributions payable by the Crown under Schedule 3 to the Public Sector
Pension Plans (Legislative Provisions) Regulation (AR 365/93), that are
payable in respect of the first quarter after a review date may be made
together with those employer and Crown contributions respectively to be
paid in respect of the 2nd quarter after it, but they must include interest
from the date when they would have been paid under that section 49(1)(d),
or that Order, respectively, to the date of payment, at the same interest
rate as was used in determining the respective employer contributions
referred to in section 49(1)(d) or those Crown contributions, respectively.


Transfers - s82(3), Act and s35, Regulation
     12   The Plan is exempt from section 82(3) of the Act and section 35
of this Regulation.


65   Schedule 0.1 is further amended in section 10(1), as it incorporates a
replacing section 48(3)(b)(i), and in section 11, by striking out "Schedule
3 to the Public Sector Pension Plans (Legislative Provisions) Regulation
(AR 365/93)" and substituting "the Order in Council made under section
14(8)(b) of Schedule 3 to the Public Sector Pension Plans Act".


66(1)  Sections 1, 4 and 64(1), (2), (4), (9), (11) (excluding clause (a)),
(12) and (13) are deemed to have come into force on December 30, 2002.

(2)  Sections 64(2) (excluding clause (a)) and 65 come into force at the
time of the commencement of the Order in Council referred to in those
enactments.


     Alberta Regulation 246/2003

     Student Financial Assistance Act
     Students Finance Act
     Student Loan Act

     STUDENT FINANCIAL ASSISTANCE AMENDMENT REGULATION

     Filed:  July 22, 2003

Made by the Lieutenant Governor in Council (O.C. 360/2003) on July 22, 2003
pursuant to section 22 of the Student Financial Assistance Act, section 10
of the Students Finance Act and section 13 of the Student Loan Act.


1   The Student Financial Assistance Regulation (AR 298/2002) is amended by
this Regulation.


2(1)  Schedule 1 is amended by this section.

(2)  Section 1(1) is amended

     (a)  by repealing clause (e);

     (b)  in clauses (f) and (k) by adding ", or 40% in the case of a
student with a disability," after "60%";

     (c)  in clause (k) by striking out "subsection (2)" and substituting
"section 16(1)";

     (d)  by adding the following after clause (o):

               (p)  "student with a disability" means a student with a
functional limitation caused by a physical or mental impairment that
restricts the student's ability to perform the daily activities necessary
to participate in studies at a post-secondary level or in the labour force
and whose impairment is expected to remain for the remainder of the
student's natural life.

(3)  Section 8(3) is amended by striking out "or" at the end of clause (b),
adding  ",  or" at the end of clause (c) and adding the following after
clause (c):

     (d)  has, in the Minister's opinion, had a bad credit history within
the 3 years prior to applying for the assistance.

(4)  Section 19 is amended

     (a)  by striking out "Disabled Students" and substituting "Students
with Disabilities";

     (b)  by striking out "disabled student" and substituting "student
with a disability".

(5)  Section 29 is amended

     (a)  by striking out "The" and substituting "Without affecting the
legal liability for the debt, the";

     (b)  in clause (b) by striking out "disabled student" and
substituting "student with a disability".


3   Schedule 2 is repealed and the following is substituted:

     Schedule 2

     Regulations Under the Student
     Financial Assistance Act

Interpretation of Schedule 2
     1(1)  In this Schedule,

               (a)  "academic year" means the period decided by the
Minister, being not more than 40 weeks and not less than 18 weeks or,
exceptionally, such longer or shorter period as the Minister decides;

               (b)  "Act" means the Student Financial Assistance Act;

               (c)  "common law partner" means an individual who is not
married to the student in question but

                         (i)  who has lived with that student in a
conjugal relationship continuously for the past one year,

                         (ii) who the student has declared to have a
status equivalent to that of the student's common law partner under any
other law of Alberta or Canada, or

                         (iii)     who is living with that student in a
conjugal relationship, where there are one or more children living in the
household;

               (d)  "dependent student" means a student who is not an
independent student;

               (e)  "direct loan" means financial assistance in the
form of a loan from the Government, and includes a guaranteed loan referred
to in section 26 that becomes a direct loan by virtue of that section;

               (f)  "educational institution" has the meaning assigned
to it in section 2(1)(a);

               (g)  "financial assistance" includes any repayment,
payment, remission, relief or adjustment under section 30;

               (h)  "full-time student" means a student who is enrolled
in not less than 60%, or 40% in the case of a student with a disability, of
a full-time program of study in the semester in question at one or more
post-secondary educational institutions;

               (i)  "independent student" means a student who

                         (i)  is married or has a common law partner,

                         (ii) is widowed,

                         (iii)     is divorced,

                         (iv) is the parent of at least one child,

                         (v)  has been employed or been available for
employment, or a combination of both, for at least 2 periods of at least 12
consecutive months each,

                         (vi) has been employed or available for
employment or has been a full-time student at a post-secondary educational
institution, or in any combination of those situations, for a period
totalling at least 4 years, or

                         (vii)     is declared to be an independent
student by the Minister;

               (j)  "loan", where no specific kind of loan is
indicated, means

                         (i)  a direct loan, or

                         (ii) a loan under the Canada Student Loans
Act (Canada) or the Canada Student Financial Assistance Act (Canada);

               (k)  "loan year" means the period from August 1 in one
year to July 31 in the next;

               (l)  "old provincial loan" means a provincial loan
within the meaning of Schedule 1;

               (m)  "part-time student" means a student who is enrolled
in less than 60%, or 40% in the case of a student with a disability, of a
full-time program referred to in section 16(1) in the semester in question
at one or more post-secondary educational institutions;

               (n)  "program of study" means any combination of courses
or other requirements that is considered by the educational institution in
question to be necessary for a student in the institution to obtain a
degree, certificate or diploma;

               (o)  "program" means a program of study or any other
course, period of training, seminar or similar period of study that forms
part of the criteria expressly stated in this Schedule as eligibility
criteria for a student of the relevant educational institution to receive
financial assistance;

               (p)  "semester" means a period of not more than 17 weeks
unless the Minister decides that some other period is appropriate;

               (q)  "student" includes a person who was, but no longer
is, a student within the meaning of the Act but who still owes money under
a financial assistance program;

               (r)  "student with a disability" means a student with a
functional limitation caused by a physical or mental impairment that
restricts the student's ability to perform the daily activities necessary
to participate in studies at a post-secondary level or in the labour force
and whose impairment is expected to remain for the remainder of the
student's natural life.

     (2)  For the purposes of this Schedule, a person is resident in
Alberta if that person

               (a)  is a dependent student with a parent who has
maintained permanent residence in Canada for the 12 consecutive months
immediately before, and is maintaining permanent residence in Alberta on,
the date on which the program in respect of which financial assistance may
be or is granted begins,

               (b)  is an independent student who, for the 12
consecutive months immediately before the date on which that program
begins, has maintained permanent residence in Alberta and has not attended
a post-secondary institution,

               (c)  is a protected person for the purposes of Part 2 of
the Immigration and Refugee Protection Act (Canada) who is living in
Alberta on the date on which that program begins, or

               (d)  is a person declared, or who falls within a class
of persons declared, to be resident in Alberta by the Minister.

     (3)  A student who becomes resident in Alberta by virtue of
subsection (2) automatically continues to be resident in Alberta for the
remainder of the academic year and during each subsequent consecutive year
in which the student remains continuously enrolled, whether in the same or
in a different program and whether in the same or in a different
post-secondary educational institution.

     (4)  For the purposes of this Schedule, where the Government of
Alberta or of Canada has requested the provision of information in an
application for monetary assistance of any description, the failure to
provide the information requested is deemed to be the provision of false
information.


Interpretation of Act, etc.
     2(1)  For the purposes of the Act,

               (a)  "educational institution" means any institution or
person providing a program that may be the subject-matter of financial
assistance;

               (b)  "program of study" means a program within the
meaning of section 1.

     (2)  For the purposes of section 4(4)(b) of the Act, an individual
who has lived in Alberta for at least 12 months is a resident of Alberta.

     (3)  For the purposes of section 12(1) of the Act, "provided only to
students" includes circumstances where financial assistance is provided to
a student's employer on the student's behalf to assist in paying the costs
of employing the student while training the student in a field related to
the employer's industry.


     Part 1
     Financial Assistance Generally
     (including Direct Loans)

Application of Part 1
     4   This Part contains provisions that apply to all forms of
financial assistance.


Forms
     5   Applications for financial assistance must be made in the form
required by the Minister.


Availability of money
     6   Notwithstanding anything in this Schedule, the Minister may award
financial assistance only if money is available for the financial
assistance.


Agents of the Minister
     7   Where a payment may or must be made under this Schedule to the
Government, it may be made to an agent of the Minister (if any) acting in
respect of the transaction.


General eligibility criteria for students
     8(1)  Subject to other provisions of this Schedule, the eligibility
criteria prescribed for the purposes of section 12(1)(a) of the Act are
that the student in question must

               (a)  be a full-time student except where financial
assistance to a part-time student is provided for,

               (b)  complete an application for the financial
assistance in question in the form set by the Minister,

               (c)  be resident in Alberta,

               (d)  establish to the Minister's satisfaction that the
student is in financial need, taking into account the financial resources
available to the student, and

               (e)  have an academic history that is acceptable to the
Minister.

     (2)  For the purposes of subsection (1)(d), the financial resources
of the student's parents, spouse and common law partner are deemed to be
available to the student.

     (3)  Notwithstanding anything else in this Schedule, the Minister may
declare ineligible for financial assistance a student who

               (a)  has ever provided to the Government of Alberta or
of Canada any false or misleading information that the Minister considers
materially to affect or have affected the student's eligibility to receive
monetary assistance from either Government,

               (b)  is or has ever been in default of repaying a loan,

               (c)  has ever filed for bankruptcy, whether discharged
or not, or

               (d)  has, in the Minister's opinion, had a bad credit
history within the 3 years prior to applying for the financial assistance.

     (4)  Subsection (3)(a) does not apply if

               (a)  the student has previously received monetary
assistance,

               (b)  all monetary assistance previously provided has
been repaid in full, and

               (c)  a period of 3 years, or such other period as the
Minister considers appropriate, has elapsed since the last repayment was
completed.


Requirements for programs of study
     9   A program of study must meet the following requirements:

               (a)  in the case of a program for which direct loans are
provided, the direct loan default rate with respect to the program is at a
level acceptable to the Minister;

               (b)  the Minister considers that the program is
appropriately accredited or that a significant portion of the program is
accepted for credit toward credentials conferred by an educational
institution designated by the Minister for the purposes of this clause;

               (c)  if the Minister considers the employment of
graduates of the program to be relevant, the potential for employment for
graduates of the program is acceptable to the Minister.


Financial assistance to private vocational school students
     10   Notwithstanding anything else in this Schedule, the Minister may
declare ineligible for financial assistance a student enrolled in a program
of study that is authorized to be provided under a licence that is issued
under the Private Vocational Schools Act or that the Minister considers
equivalent to a licence issued under that Act unless the licensee has
entered into an agreement with the Minister providing for

               (a)  tuition fee refunds,

               (b)  notification of withdrawals of students from that
program,

               (c)  the withdrawal or reduction of financial assistance
if

                         (i)  the Minister considers that the persons
who are or were enrolled in that program have an unacceptable direct loan
default rate, or

                         (ii) the Director of Private Vocational
Schools considers that that program has an unacceptable student retention
rate or that graduates of the program have an unacceptable employment
placement rate,

               and

               (d)  any other provision that the Minister considers is
required for the proper administration of that program.


Purposes of financial assistance
     11(1)  Subject to any provision expressly providing otherwise,
financial assistance is awarded to enable an eligible student to pay some
or all of the following costs:

               (a)  tuition and other fees that the educational
institution requires the student to pay;

               (b)  the cost of books, materials and supplies used in
the programs;

               (c)  subject to subsection (2), the student's living and
other expenses approved by the Minister.

     (2)  The Minister may specify a program for which the maximum amount
of financial assistance, excluding financial assistance under section 23,
that may be awarded to a student enrolled in the program is the total of
the fees and the costs referred to in subsection (1)(a) and (b).


Instalments
     12   The Minister may pay financial assistance to an eligible student
in instalments.


Conditions of financial assistance
     13(1)  The awarding of financial assistance, other than under section
23, is subject to the following conditions:

               (a)  the student must pay all fees referred to in
section 11(1) within the time period specified by the educational
institution;

               (b)  if the Minister considers that all or any of the
financial assistance is not being or has not been used for the purposes for
which it was provided, the student must repay that financial assistance or
the part of it that is considered not to have been used for those purposes,
as the case may be, to the Minister in favour of the Minister of Finance;

               (c)  if the educational institution refunds to the
student all or part of the tuition or other fees, the student must pay the
amount of the refund to the Minister in favour of the Minister of Finance;

               (d)  the student must advise the Minister of any change
in

                         (i)  the student's address, single,
matrimonial or common law partner status, financial circumstances, academic
status or study period, or

                         (ii) the address or financial circumstances
of the student's parents, spouse or common law partner;

               (e)  the student must enter into any agreement that the
Minister requires.

     (2)  If the Minister is satisfied that a student has provided any
false or misleading information, the Minister may require the student to
repay all or part of any financial assistance obtained as a direct or
indirect result of the false or misleading information to the Minister in
favour of the Minister of Finance.

     (3)  Any money repayable by a student under subsection (1) or (2)
must be repaid immediately unless the Minister otherwise directs.


Provision of information and reassessment
     14(1)  The Minister may direct a student to provide any information
or documents to verify any statement made in the student's application for
financial assistance.

     (2)  The Minister may refuse to provide the financial assistance
applied for to a student who does not comply with a direction under
subsection (1).

     (3)  Based on any information and documents provided under subsection
(1), the Minister may reassess the amount of financial assistance that the
student is eligible to receive.

     (4)  The Minister may require a student referred to in subsection (2)
or (3) immediately to repay all or part of any financial assistance paid to
or in favour of the student and to pay

               (a)  any interest and service fees on any direct loans
or old provincial loans, and

               (b)  any risk premiums paid by the Government in respect
of old provincial loans.


Reviews
     15(1)  A student whose application for financial assistance is
refused on the ground that the student

               (a)  is declared ineligible under section 8(3),

               (b)  is not resident in Alberta, including the question
of whether or not the student is an independent student, or

               (c)  in the case of a Northern Alberta Development
Bursary, does not meet the requirements of section 17(1)

     may apply to the Minister to review the decision.

     (2)  The Minister may, after reviewing the decision and considering
any information considered relevant, make any decision that the Minister
could have made on the original application.

     (3)  A student who applies for financial assistance may apply for a
review of the decision to a committee appointed from among members of the
public by the Minister if

               (a)  either

                         (i)  no financial assistance is awarded, or

                         (ii) the financial assistance awarded is
less than the amount applied for,

               and

               (b)  subsection (1) does not apply.

     (4)  The committee is responsible for conducting a hearing on a
review under subsection (3) and for making recommendations on the review to
the Minister.

     (5)  The Minister may, after considering the recommendations of the
committee and any other information considered relevant, make any decision
respecting the review under subsection (4) that could have been made on the
original application and that the Minister considers appropriate.

     (6)  Unless otherwise specified by the Minister, with respect to
reviews under subsection (4),

               (a)  hearings are to be conducted by at least 2 members
of the committee,

               (b)  the committee's secretary is a non-voting member of
the committee, but may be present during hearings,

               (c)  the committee and the applicant are to be provided
with all relevant material before the hearing, including a summary
outlining the situation and any action taken to date and, in the case of
the committee, all documents provided by the applicant,

               (d)  before the hearing, each party is to be given an
opportunity to review the material provided to the committee,

               (e)  the applicant is to be allowed to participate in
the hearing by appearing in person or by counsel or an agent or by means of
a conference call, and

               (f)  the decision of the majority of the committee
members conducting the hearing is to be recorded, signed by the person
chairing the hearing and provided to the Minister in the form of
recommendations.

     (7)  An application for a review under this section must

               (a)  be made in writing and filed with the secretary of
the committee before the end of the academic year for which the financial
assistance is applied, and

               (b)  provide

                         (i)  the applicant's name, current address
and telephone number,

                         (ii) the decision reviewed,

                         (iii)     the reasons for requesting the review,
and

                         (iv) any other relevant information
requested by the Minister or that the applicant wishes considered.


     Grants and Bursaries

Bursaries and grants to part-time students
     16(1)  The Minister may award financial assistance in the form of a
bursary or grant to a part-time eligible student who is enrolled at an
educational institution in Alberta in

               (a)  a program of study, or

               (b)  a community adult learning course approved by the
Minister.

     (2)  The maximum amount of a bursary or grant under this section is
$300 per semester.

     (3)  A bursary or grant under this section may be used only to pay
for the cost of

               (a)  tuition fees for the courses in the program,

               (b)  books, materials and supplies used in those
courses,

               (c)  transportation of the student to allow attendance
at the courses, or

               (d)  child care for the student's children while the
student attends the courses.


Northern Alberta Development Bursary
     17(1)  The Minister may award financial assistance in the form of a
Northern Alberta Development Bursary to an eligible student who

               (a)  either is resident in Alberta or has maintained
permanent residence in Alberta for a period of at least 3 years immediately
before the student's enrolment in the program for which the Bursary would
be granted, and

               (b)  subject to subsection (2), has entered into an
agreement that provides at least

                         (i)  that the student will, after completing
or terminating that program, both live and either work or provide services
within the boundaries of the Northern Alberta Development Council for the
period stipulated in the agreement, and

                         (ii) for the repayment of all or part of the
Bursary if the student does not comply with the terms or conditions of the
agreement.

     (2)  The Minister may waive the requirement to enter into an
agreement under subsection (1)(b) if

               (a)  the student is enrolled in a program that runs for
less than a full academic year, or

               (b)  the Minister considers that there are special
circumstances.

     (3)  The maximum amount of a Bursary that may be awarded to a student
in an academic year under subsection (1) is

               (a)  in the case of a student who is exempted under
subsection (2) from the requirement of an agreement, $1500, and

               (b)  in any other case,

                         (i)  $3500, or

                         (ii) $7000 if the Minister considers that
considerable difficulty exists in recruiting

                                   (A)  students to a particular
program, or

                                   (B)  graduates of a particular
program to work within the boundaries of the Northern Alberta Development
Council.


Maintenance Grant
     18(1)  The Minister may award financial assistance in the form of a
Maintenance Grant to an eligible student who

               (a)  the Minister considers is socially disadvantaged
and requires special help, and

               (b)  has obtained a loan of $1000 or more in the loan
year in which the academic year or semester referred to in subsection (2)
begins.

     (2)  The maximum amount of a Maintenance Grant is

               (a)  in the case of a student enrolled in an accelerated
program, $9000 in an academic year or $4500 in a semester, or

               (b)  in any other case, $6000 in an academic year or
$3000 in a semester.

     (3)  In subsection (2), "accelerated program" means a program of
study for which loans are provided and that, in the opinion of the
Minister,

               (a)  is offered in 1/2 or less than 1/2 of the time over
which it is normally offered, as measured in the number of program weeks,

               (b)  leads to a common Alberta or federally recognized
credential, and

               (c)  has acceptable loan delinquency rates.


Grant for Students with Disabilities
     19   The Minister may award financial assistance in the form of a
Grant for Students with Disabilities, in an amount not exceeding $1000 per
semester, to an eligible student with a disability who the Minister
considers requires special help.


Alberta Motion Picture Industry Training Grants
     20(1)  The Minister may award financial assistance in the form of an
Alberta Motion Picture Industry Training Grant, at a rate not exceeding
$5000 per course or seminar, to a full-time or a part-time eligible student
who

               (a)  is enrolled in a course or seminar approved by the
Minister that is related to the film industry, and

               (b)  the Minister considers has the potential to benefit
the film industry in Alberta.

     (2)  The Minister may award financial assistance in the form of an
Alberta Motion Picture Industry On-the-Job Training Grant to an employer in
that industry if the Minister considers that the financial assistance would
be of benefit to that industry and on condition that

               (a)  the financial assistance is used to assist in
paying the costs of employing a student while the employer is training the
student in a field related to that industry,

               (b)  the student trainee is trained by a craftsperson
qualified in that field,

               (c)  the student trainee is not replacing a qualified
craftsperson during the training, and

               (d)  payment of the whole of the financial assistance is
deferred until the conclusion of the training.

     (3)  The amount of an Alberta Motion Picture Industry On-the-Job
Training Grant award is not to exceed the rate of $200 for each week in
which the training continues, to a maximum period of 6 months.


Alberta Opportunities Bursary
     21(1)  The Minister may award financial assistance in the form of an
Alberta Opportunities Bursary to an eligible student who

               (a)  meets the minimum financial need threshold set by
the Minister, and

               (b)  is attending an educational institution
participating in the Alberta Opportunities Bursary.

     (2)  The maximum amount of an Alberta Opportunities Bursary is $1500
in an academic year.


Northern Student Supplement
     22(1)  The Minister may award financial assistance in the form of a
Northern Student Supplement to an eligible student who

               (a)  is attending an educational institution
participating in the Alberta Opportunities Bursary, and

               (b)  either

                         (i)  lived within the boundaries of the
Northern Alberta Development Council for at least the 12 months immediately
preceding the date of application for the Supplement, or

                         (ii) graduated from a high school located
within those boundaries.

     (2)  The maximum amount of a Northern Student Supplement is $1500 in
an academic year.


General scholarships, fellowships and awards
     23(1)  The Minister may award financial assistance in the form of
scholarships, fellowships, prizes, grants or bursaries or any combination
of them that are not among those specified in another section of this Part
to eligible full-time students or part-time students engaged in any
eligible programs.

     (2)  Sections 8(1) and 13(1) do not apply to financial assistance
awarded under this section.

     (3)  The Minister may establish the conditions, criteria, award
amounts and programs under or for which the financial assistance under this
section will be awarded.

     (4)  If financial assistance under this section is paid in
instalments, the instalments must be paid over the period of time for which
the financial assistance was awarded, but not exceeding 12 months in any
case.


     Part 2
     Provisions Dealing Only With Loans

Definitions for Part 2
     24   In this Part,

               (a)  "interest free period" means the continuous period
commencing when a person became a full-time student and continuing until
the last day of the month in which the person ceases to be a full-time
student, but treating any break of 6 months or less between the times the
person ceased to be a full-time student and subsequently resumed full-time
student status as not breaking that continuity;

               (b)  "non-participating credit institution" has the
meaning assigned to it in section 24(i) of Schedule 1.


Application of Part 2
     25   This Part contains provisions that apply only to loans and not
to other forms of financial assistance.


Transfer and conversion of certain old guaranteed loans
     26   Where a student is to receive a direct loan and also has
outstanding a guaranteed loan made under the repealed legislation with a
non-participating credit institution, that guaranteed loan is automatically
transferred to the Government and converted to a direct loan that is deemed
to be made under this Schedule by virtue of this section.


Eligibility for direct loan
     27   To be eligible for a direct loan, a student must

               (a)  agree in writing to the transfer to the Minister of
all old provincial loans made to that student and held by non-participating
credit institutions, and

               (b)  enter into a written agreement with the Minister
regarding the terms and conditions of the direct loan.


Certificates 
     28(1)  The Minister may issue a certificate of eligibility, in the
form established by the Minister, authorizing a direct loan to an eligible
student if the requirements of Part 1 that are applicable to direct loans
are met.

     (2)  A certificate is subject to the terms and conditions established
by the Minister and set out in the certificate.


Loan limits
     29   A student is not eligible for a loan if that loan would result
in any limit established under section 17 of the Act being exceeded.


Repayment, etc., of principal and interest
     30(1)  Subject to this section, the Minister may, in whatever manner
the Minister considers appropriate, pay, repay, remit, relieve or otherwise
adjust all or any  portion of the principal or interest, or both, owing on
a direct loan in favour of the Government.

     (2)  In subsections (3) to (9), any reference to a payment or the
making of a payment includes the making or giving of any repayment,
remission, relief or other adjustment under this section.

     (3)  The Minister may not make a payment under this section unless

               (a)  the application for the payment, if required, is
received by the Minister within the period stipulated by the Minister,

               (b)  the information required by the Minister is
provided, and

               (c)  the student is no longer a full-time student.

     (4)  Section 8(1) does not apply to a payment under this section.

     (5)  The Minister may pay the whole or any portion of the original
principal of a loan if the total of the original amounts of principal for
all loans obtained by the student under the Act, the repealed legislation,
the Canada Student Loans Act (Canada) and the Canada Student Financial
Assistance Act (Canada) exceeds the debt level established by the Minister
for the year in which the student ceased to be a full-time student.

     (6)  The Minister may make a payment under this section at one time
or in a series of payments over a period not exceeding 5 years.

     (7)  If the Minister decides to make a payment under this section of
all or any portion of the principal of and interest on a direct loan but
the student repays the loan and pays all the interest on and costs
associated with it not later than completion of the repayment, the Minister
may instead pay that money directly to the student.

     (8)  If the Minister is satisfied that more in monetary (including
federal) assistance has been received by or on behalf of a student than the
student is eligible to receive, the Minister may deduct the amount of the
overpayment from any payment under this section in respect of that student.

     (9)  If a student has defaulted in paying money under, or has
otherwise acted in breach of the terms of, any monetary assistance scheme
administered by the Minister, the Minister may apply money to be paid under
this section against the money owing by the student under the scheme.


Minister's authority to write off
     31   Without affecting the legal liability for the debt, the Minister
may write off all or part of the principal or interest, or both, of or on
an outstanding direct loan if

               (a)  the student dies,

               (b)  the student is or becomes a student with a
disability and, as a result, unable to pay the amount to be written off, or

               (c)  the Minister considers that, under the
circumstances, that amount is not collectible.


Principal and interest during interest free period
     32   A student is not liable to pay interest on a direct loan in
respect of the interest free period, and repayment of principal on the loan
is suspended or treated as suspended during that period, provided that

               (a)  before or forthwith after ceasing to be a full-time
student for a continuous period of 6 months, the student makes
arrangements, that are satisfactory to the Minister, respecting any
outstanding interest payments under the loan, and

               (b)  the student has provided to the Minister proof,
that is satisfactory to the Minister, of enrolment as a full-time student
in the program for each academic year of the program, before the end of
each academic year.


Interest relief after interest free period
     33(1)  The Minister may, on application, grant a student interest
relief (in this section referred to as "interest relief") for a stipulated
period after the interest free period under a direct loan in accordance
with this section if

               (a)  the student's family income is inadequate to meet
the student's financial obligations, and

               (b)  the student meets any other requirements
established by the Minister.

     (2)  In subsection (1)(a), "family income" means the aggregate income
in the period in question from employment, social programs, investments and
monetary gifts received by the student and by the spouse or common-law
partner of the student and other resources available to the student, as
determined by the Minister.

     (3)  Repayment of principal on the loan is suspended during the
period for which interest relief is granted.

     (4)  A period of interest relief may not exceed 6 consecutive months.

     (5)  Subject to subsection (6), a student is not entitled to interest
relief in respect of any period which, when combined with the periods of
previous interest relief and any corresponding relief from interest under
the repealed legislation in respect of all old provincial loans would
exceed an aggregate period of 30 months.

     (6)  Where a period of 5 years has not yet elapsed since the student
ceased to be a full-time student and the student has already reached the
30-month maximum under subsection (5), the Minister may grant the student
further interest relief if

               (a)  in the case of a loan with a repayment period of 15
years or more from the date referred to in subsection (8), the student is
unable to make the instalment payments due, or

               (b)  in the case of a loan with a repayment period of
less than 15 years from that date, the student would not be able to make
the instalments payments due even if the payment period were extended to 15
years from that date.

     (7)  Interest relief may be granted for a period of up to 3 months
preceding the month in which the application to the Minister was made.

     (8)  A person is not eligible for interest relief until the 1st day
of the 7th month after the month in which the person ceased to be a
full-time student.


4   Section 3 comes into force on the commencement of the Student Financial
Assistance Act.


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

     Alberta Regulation 247/2003

     Environmental Protection and Enhancement Act

     CONSERVATION AND RECLAMATION AMENDMENT REGULATION

     Filed:  July 22, 2003

Made by the Lieutenant Governor in Council (O.C. 363/2003) on July 22, 2003
pursuant to section 146 of the Environmental Protection and Enhancement
Act.


1   The Conservation and Reclamation Regulation (AR 115/93) is amended by
this Regulation.


2   Section 1 is amended

     (a)  in clause (f) by striking out "(Alta. Reg. 32/90)" and
substituting "(AR 214/98)";

     (b)  by repealing clause (g)(i) and substituting the following:

               (i)  a Ministerial Order dated May 7, 1985 and made
pursuant to the Public Lands Act, as that Order is amended from time to
time, or

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

               (g.1)     "industrial pipeline" means a pipeline other than a
municipal pipeline;

     (d)  by adding the following after clause (k):

               (k.1)     "municipal pipeline" means a pipeline that forms
part of

                         (i)  a wastewater system,

                         (ii) a water distribution system, or

                         (iii)     a waterworks system;

     (e)  by repealing clause (l) and substituting the following:

               (l)  "oil production site" means field production
facilities that are used to recover oil or oil sands by drilling or other
in-situ recovery methods and in respect of which an approval is required
under the Act and the regulations, and includes injection or pumping
facilities and any associated infrastructure.

     (f)  by repealing clause (t) and substituting the following:

               (t)  "specified land" means land that is being or has
been used or held for or in connection with

                         (i)  the construction, operation or
reclamation of a well, an industrial pipeline or a battery,

                         (ii) the construction, operation or
reclamation of an oil production site,

                         (iii)     the construction, operation or
reclamation of a municipal pipeline,

                         (iv) the construction, operation or
reclamation of a telecommunication system or transmission line,

                         (v)  the construction, operation or
reclamation of a mine, pit, borrow excavation, quarry or peat operation,

                         (vi) the construction or reclamation of a
roadway,

                         (vii)     the conduct or reclamation of an
exploration operation,

                         (viii)    the reclamation of a railway, or

                         (ix) the construction, operation or
reclamation of a plant,

               but does not include that portion of a pit on which a
waste management facility is operating or has been operated in accordance
with a valid approval or registration under the Act and the regulations;

     (g)  by repealing clause (v)(i) and substituting the following:

               (i)  a Ministerial Order dated May 7, 1985 and made
pursuant to the Public Lands Act, as that Order is amended from time to
time, or


3   Section 3 is repealed and the following is substituted:

Standards, Codes of Practice
     3(1)  The Director may establish standards, criteria and guidelines
for conservation or reclamation of specified land and may develop and
release information documents respecting those standards, criteria and
guidelines.

     (2)  An operator must

               (a)  conserve specified land, and

               (b)  reclaim specified land

     in accordance with the applicable standards, criteria and guidelines
that are established by the Director.


4   Section 6 is amended

     (a)  by repealing subsection (2) and substituting the following:

     (2)  Notwithstanding subsection (1), a reclamation inquiry need not
be conducted where

               (a)  the Director has received an application for a
reclamation certificate in respect of an activity referred to in section
1(t)(i), and

               (b)  in the Director's opinion, the application is
complete and accurate.

     (b)  by repealing subsection (3).


5   Section 12(1) is repealed and the following is substituted:

Application for reclamation certificate
     12(1)  An application for a reclamation certificate must

               (a)  contain the information in respect of the specified
land that is required in a form provided by the Director for that purpose,
or

               (b)  contain the following information in respect of the
specified land, where the Director does not provide a form under clause
(a):

                         (i)  a map, with references to legal
boundaries, showing the land for which the certificate is being requested
and the adjacent land use;

                         (ii) particulars of the characteristics and
properties of the conserved and reclaimed land, including topography,
drainage, soils, vegetation and land capability;

                         (iii)     documentation of conservation and
reclamation procedures;

                         (iv) documentation of the history of surface
disturbance;

                         (v)  documentation of and justification for
any surface improvements to be left on the conserved and reclaimed land and
written acceptance of the improvements by the registered owners of the
land;

                         (vi) a declaration that the operator has
complied with

                                   (A)  all terms and conditions of
any applicable approval, code of practice, environmental protection order
or enforcement order,

                                   (B)  the directions of an
inspector or the Director, and

                                   (C)  any applicable standards,
criteria or guidelines established under section 3(1);

                         (vii)     the name, address and telephone number
of all of the registered owners of the land;

                         (viii)    particulars of any surface lease
or right of entry order for the land;

                         (ix) a description of any substance present
as a result of the operator's activity on the land and a description of the
nature and extent of the adverse effect caused by the presence of the
substance;

                         (x)  particulars of any remedial measures
taken with respect to a substance referred to in subclause (ix);

                         (xi) any additional information required by
an information document or requested by the Director.


6   Section 14 is repealed and the following is substituted:

Incomplete conservation or reclamation
     14   Where an inspector is of the opinion that specified land has not
been conserved or reclaimed in accordance with section 137 of the Act, this
Regulation and any applicable code of practice, the inspector may do one or
more of the following:

               (a)  provide further direction respecting conservation
or reclamation;

               (b)  specify an additional waiting period to allow for a
further evaluation of the conservation or reclamation;

               (c)  issue an environmental protection order regarding
conservation or reclamation in accordance with section 140 of the Act;

               (d)  refuse to issue a reclamation certificate.


7   Section 15 is repealed and the following is substituted:

Operator liability after reclamation certificate
     15(1)  Where a reclamation certificate is issued under the Act to an
operator in respect of an activity referred to in section 1(t)(ii) to
(viii), no environmental protection order regarding conservation or
reclamation may be issued under section 142(2) of the Act

               (a)  more than 5 years after the date of issuance of the
reclamation certificate, in a case where no approval in respect of the
activity was held on the date of issuance of the reclamation certificate,
or

               (b)  after the date of issuance of the reclamation
certificate, in the case of an activity listed in Division 3 of Schedule 1
of the Activities Designation Regulation, where an approval was held in
respect of the activity on the date of issuance of the reclamation
certificate.

     (2)  Where a reclamation certificate is issued under the Act in
respect of an activity referred to in section 1(t)(i)

               (a)  on or before October 1, 2003, no environmental
protection order regarding conservation or reclamation may be made under
section 142(2) of the Act more than 5 years after the date of issuance of
the reclamation certificate, or

               (b)  after October 1, 2003, no environmental protection
order regarding conservation or reclamation may be made under section
142(2) of the Act more than 25 years after the date of issuance of the
reclamation certificate.

     (3)  Where a reclamation certificate is issued under the Act in
respect of an activity referred to in section 1(t)(ix), no environmental
protection order regarding conservation or reclamation may be made under
section 142(2) of the Act more than 25 years after the date of issuance of
the reclamation certificate.


8   Section 15.1 is amended

     (a)  in subsection (1) by striking out "137(1)(b)" and substituting
"137(1)(c)";

     (b)  by repealing clause (b) and substituting the following:

               (b)  where, in the opinion of the Director, a second
activity listed in section 1(t) is carried out on or in respect of the
specified land.


9   Section 16 is amended by striking out "the Schedule" and substituting
"Schedule 1".


10   This Regulation comes into force on October 1, 2003.


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

     Alberta Regulation 248/2003

     Traffic Safety Act

     CONSEQUENTIAL AMENDMENTS AND TRANSITIONAL
     MATTERS AMENDMENT REGULATION

     Filed:  July 25, 2003

Made by the Minister of Transportation (M.O. 36/03) on July 21, 2003
pursuant to section 189(3) of the Traffic Safety Act.


1   The Consequential Amendments and Transitional Matters Regulation (AR
115/2003) is amended by this Regulation.


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

     (i)  the Commercial Vehicle Inspection Regulation (AR 414/91),
sections 3(1), (1.1) and (2).


     Alberta Regulation 249/2003

     Apprenticeship and Industry Training Act

     GASFITTER TRADE AMENDMENT REGULATION

     Filed:  July 25, 2003

Made by the Alberta Apprenticeship and Industry Training Board on June 27,
2003 pursuant to section 33(2) of the Apprenticeship and Industry Training
Act.


1   The Gasfitter Trade Regulation (AR 279/2000) is amended by this
Regulation.


2   Section 9(3) is repealed and the following is substituted:

     (3)  For the purposes of subsection (2), a person who is a certified
journeyman in the gasfitter (1st class) branch of the trade or employs a
certified journeyman in the gasfitter (1st class) branch of the trade,
instead of employing an apprentice in an apprenticeship program in that
branch of the trade, may

               (a)  employ an apprentice in an apprenticeship program
in the gasfitter (2nd class) branch of the trade to carry out any of the
undertakings that constitute that branch of the trade, or

               (b)  with respect to a person who is an apprentice in
the gasfitter (2nd class) branch of the trade by virtue of being an
apprentice in an apprenticeship program in the trade of plumber, employ
that apprentice, subject to the Plumber Trade Regulation, to carry out any
of the undertakings that constitute the gasfitter (2nd class) branch of the
trade.


3   Section 15 is repealed.


4   Section 16(3) is repealed and the following is substituted:

     (3)  For the purposes of subsection (2), a person who is a certified
journeyman in the gasfitter (2nd class) branch of the trade or employs a
certified journeyman in the gasfitter (2nd class) branch of the trade,
instead of employing an apprentice in an apprenticeship program in that
branch of the trade,

               (a)  may employ an apprentice in an apprenticeship
program in the gasfitter (1st class) branch of the trade to carry out any
of the undertakings that constitute the gasfitter (2nd class) branch of the
trade, or

               (b)  with respect to a person who is an apprentice in
the gasfitter (2nd class) branch of the trade by virtue of being an
apprentice in an apprenticeship program in the trade of plumber, may employ
that apprentice, subject to the Plumber Trade Regulation, to carry out any
of the undertakings that constitute the gasfitter (2nd class) branch of the
trade.


5   Section 17 is amended

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

     (b)  by repealing subsection (4).


6(1)  In this section, "previous Regulation" means the Gasfitter Trade
Regulation as it read immediately before being amended by this Regulation.

(2)  A person who, immediately before the coming into force of this
Regulation, was an apprentice in an apprenticeship program in the gasfitter
(2nd class) branch of the trade pursuant to section 15 of the previous
Regulation may complete that apprenticeship program in the same manner as
if the Gasfitter Trade Regulation had not been amended by this Regulation.


7   This Regulation comes into force on August 1, 2003.


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

     Alberta Regulation 250/2003

     Apprenticeship and Industry Training Act

     HEAVY EQUIPMENT TECHNICIAN TRADE AMENDMENT REGULATION

     Filed:  July 25, 2003

Made by the Alberta Apprenticeship and Industry Training Board on June 27,
2003 pursuant to section 33(2) of the Apprenticeship and Industry Training
Act.


1   The Heavy Equipment Technician Trade Regulation (AR 282/2000) is
amended by this Regulation.


2   Section 2(2)(d) is amended by striking out "truck-trailer" and
substituting "transport trailer".


3   Section 5 is amended

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

               (h.1)     material handling equipment, including forklifts;

     (b)  in clause (i) by striking out "clauses (a) to (h)" and
substituting "clauses (a) to (h.1)".


4   Section 9(3) is amended in clauses (a), (b) and (c) by striking out
"truck-trailer" wherever it occurs and substituting "transport trailer".


5   Section 11 is amended

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

               (g.1)     material handling equipment including forklifts;

     (b)  in clause (h) by striking out "clauses (a) to (g)" and
substituting "clauses (a) to (g.1)".


6   Section 15(3) is amended in clauses (a), (b) and (c) by striking out
"truck-trailer" wherever it occurs and substituting "transport trailer".


7   Section 17 is amended

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

               (c.1)     material handling equipment including forklifts;

     (b)  in clause (e) by striking out "clauses (a) to (c)" and
substituting "clauses (a) to (c.1)".


8   Section 21(3) is amended in clauses (a), (b) and (c) by striking out
"truck-trailer" wherever it occurs and substituting "transport trailer".


9   The heading following "PART 5" is struck out and the following heading
is substituted:

     TRANSPORT TRAILER MECHANIC
     BRANCH OF THE TRADE


10   Section 23 is amended by striking out "truck-trailer" and substituting
"transport trailer".


11   Section 24 is amended by striking out "truck-trailer mechanic branch
of the trade are the repair, maintenance and inspection of truck-trailers"
and substituting "transport trailer mechanic branch of the trade are the
repair, maintenance and inspection of transport trailers".


12   Section 25 is amended by striking out "truck-trailer" and substituting
"transport trailer".


13   Section 26 is repealed and the following is substituted:

Term of the apprenticeship program re transport trailer mechanic
     26(1)  Subject to credit for previous training or experience being
granted pursuant to an order of the Board, the term of an apprenticeship
program for the transport trailer mechanic branch of the trade is 2 periods
of not less than 12 months each.

     (2)  In the first period of the apprenticeship program an apprentice
must acquire not less than 1500 hours of on the job training and
successfully complete the technical training that is required or approved
by the Board.

     (3)  In the 2nd period of the apprenticeship program an apprentice
must acquire not less than 1800 hours of on the job training and
successfully complete the technical training that is required or approved
by the Board.


14   Section 27 is amended by striking out "truck-trailer" wherever it
occurs and substituting "transport trailer".


15   Section 28 is amended

     (a)  in subsection (1)

               (i)  by striking out "With respect of" and substituting
"With respect to";

               (ii) by striking out "truck-trailer" and substituting
"transport trailer".

     (b)  in subsection (2) by striking out "truck-trailer" and
substituting "transport trailer".


16(1)  In this section,

     (a)  "existing apprentice" means a person who, immediately before
the coming into force of section 13, was an apprentice in an existing
apprenticeship program;

     (b)  "existing apprenticeship program" means an apprenticeship
program that existed under the Heavy Equipment Technician Trade Regulation
(AR 282/2000) immediately before the coming into force of section 13.

(2)  An existing apprentice may continue and complete the apprentice's
existing apprenticeship program in accordance with the terms and conditions
that related to that program immediately before the coming into force of
section 13.


17   Sections 13 and 16 come into force on January 1, 2004.


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

     Alberta Regulation 251/2003

     Apprenticeship and Industry Training Act

     MILLWRIGHT TRADE AMENDMENT REGULATION

     Filed:  July 25, 2003

Made by the Alberta Apprenticeship and Industry Training Board on June 27,
2003 pursuant to section 33(2) of the Apprenticeship and Industry Training
Act.


1   The Millwright Trade Regulation (AR 290/2000) is amended by this
Regulation.


2   Section 3(k) is repealed and the following is substituted:

     (k)  removing and installing electric motors, but does not include
the electrical disconnecting or hookup of electric motors.


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

     Alberta Regulation 252/2003

     Apprenticeship and Industry Training Act

     MOTORCYCLE MECHANIC TRADE AMENDMENT REGULATION

     Filed:  July 25, 2003

Made by the Alberta Apprenticeship and Industry Training Board on June 27,
2003 pursuant to section 33(2) of the Apprenticeship and Industry Training
Act.


1   The Motorcycle Mechanic Trade Regulation (AR 291/2000) is amended by
this Regulation.


2   Section 1(c) is amended by repealing subclause (v) and substituting the
following:

     (v)  other multi-wheeled lightweight all-terrain vehicles that do
not have lateral seating and that are equipped with a handle bar on which
the vehicle's controls are located.


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

     Alberta Regulation 253/2003

     Apprenticeship and Industry Training Act

     OUTDOOR POWER EQUIPMENT TECHNICIAN TRADE
     AMENDMENT REGULATION

     Filed:  July 25, 2003

Made by the Alberta Apprenticeship and Industry Training Board on June 27,
2003 pursuant to section 33(2) of the Apprenticeship and Industry Training
Act.


1   The Outdoor Power Equipment Technician Trade Regulation (AR 47/2001) is
amended by this Regulation.


2   Section 13(b) is repealed and the following is substituted:

     (b)  vehicles that in the trade are commonly known as outdoor
recreational multi-wheeled utility vehicles and that are not required to be
licensed under the Motor Vehicle Administration Act or the Traffic Safety
Act unless they are operated on a highway but does not include any vehicle
or equipment that is defined in section 9 or 17 of this Regulation or
section 5, 11, 17 or 23 of the Heavy Equipment Technician Trade Regulation
(AR 282/2000) or a motorcycle as defined in the Motorcycle Mechanic Trade
Regulation (AR 291/2000).


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

     Alberta Regulation 254/2003

     Apprenticeship and Industry Training Act

     SHEET METAL WORKER TRADE AMENDMENT REGULATION

     Filed:  July 25, 2003

Made by the Alberta Apprenticeship and Industry Training Board on June 27,
2003 pursuant to section 33(2) of the Apprenticeship and Industry Training
Act.


1   The Sheet Metal Worker Trade Regulation (AR 303/2000) is amended by
this Regulation.


2   Section 1 is amended

     (a)  by repealing clause (a);

     (b)  in clause (d)(vi) by adding "(other than refrigeration
circuits)" after "air conditioning systems".


3   Section 2(b) and (c) are amended by striking out "air-conditioning
systems" and substituting "air conditioning systems (other than
refrigeration circuits)".


4   Section 3(d) is amended by striking out "air-conditioning systems" and
substituting "air conditioning systems (other than refrigeration
circuits)".


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

     Alberta Regulation 255/2003

     Apprenticeship and Industry Training Act

     STEEL DETAILER OCCUPATION AMENDMENT REGULATION

     Filed:  July 25, 2003

Made by the Alberta Apprenticeship and Industry Training Board on June 27,
2003 pursuant to section 37(2) of the Apprenticeship and Industry Training
Act.


1   The Steel Detailer Occupation Regulation (AR 239/2001) is amended by
this Regulation.


2   Section 2 is amended by striking out "shop or fabrication drawings,
notes and specifications used for the fabrication" and substituting "shop,
fabrication or installation drawings, notes and specifications used for the
fabrication and installation".


     Alberta Regulation 256/2003

     Oil and Gas Conservation Act

     OIL AND GAS CONSERVATION AMENDMENT REGULATION

     Filed:  July 25, 2003

Made by the Alberta Energy and Utilities Board on July 22, 2003 pursuant to
sections 58 and 59 of the Oil and Gas Conservation Act.


1   The Oil and Gas Conservation Regulations (AR 151/71) are amended by
this Regulation.


2   Section 16.081(b) is amended by striking out "1.19672" and substituting
"1.193774".


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

     Alberta Regulation 257/2003

     School Act

     CLOSURE OF SCHOOLS AMENDMENT REGULATION

     Filed:  July 29, 2003

Made by the Minister of Learning (M.O. 063/2003) on July 22, 2003 pursuant
to section 58 of the School Act.


1   The Closure of Schools Regulation (AR 238/97) is amended by this
Regulation.


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

     (a.1)     "Ministers" means, for the purposes of sections 6 and 7, the
Ministers determined under section 16 of the Government Organization Act as
the Ministers responsible for Part 7 of the School Act;


3   Section 1.1 is repealed and the following is substituted:

Non-application of sections
     1.1   Sections 4 to 7 do not apply to a closure that occurs

               (a)  in connection with the transfer by one board to
another board of the ownership of real property on which a school building
is located and the school building will continue to be used for the
instruction or accommodation of students, or

               (b)  as a result of the Minister's having directed the
board to dispose of the school building pursuant to section 200(3) of the
Act.


4   The following is added after section 1.1:

Exemption from requirements
     1.2   The Minister may, on the written request of a board or on the
Minister's initiative, exempt a board from the requirements of sections 4
to 7 in respect of a closure that occurs

               (a)  as a result of the board's inability to comply with
section 57(2) of the Act, or

               (b)  for health or safety reasons.


5   Section 2 is amended

     (a)  in clause (b) by striking out "an elementary school," and
substituting "a school, or";

     (b)  by repealing clause (c);

     (c)  in clause (d) by striking out "to one or more other schools"
and substituting "building to one or more other school buildings on a
permanent basis".


6   Section 3 is repealed and the following is substituted:

Policies and procedures for closure of schools
     3   A board may develop and implement policies and procedures with
respect to closure of schools that are not inconsistent with this
Regulation.


7   Section 4 is amended

     (a)  in subsection (2) by repealing clauses (h) and (i);

     (b)  by adding the following after subsection (2):

     (3)  A notice referred to in subsection (1)(b) may set out the
following:

               (a)  the capital needs of the schools that may have
increased enrolment as a result of the closure, and

               (b)  the possible uses of the school building or space
in the school building if

                         (i)  the entire school is being closed, or

                         (ii) 3 or more consecutive grades in the
school are being closed entirely.


8   Section 5(1) is repealed and the following is substituted:

Public meetings
     5(1)  Where a board has given notice of motion at a regular meeting
of the board that it is considering the closure of a school, the board

               (a)  shall organize and convene a public meeting for the
purpose of discussing the information provided to the parents under section
4,

               (b)  shall provide an opportunity for the council of the
municipality in which the school is located to provide a statement to the
board of the impact the closure may have on the community, and

               (c)  may hold other meetings with respect to the closure
at times and places as the board may determine.


9   Section 6 is amended

     (a)  in subsection (2) by adding "written" before "submissions";

     (b)  in subsection (3)(b) by striking out "determined under section
16 of the Government Organization Act as the Ministers responsible for Part
7 of the School Act".


10   Section 7 is amended by renumbering it as section 7(1) and by adding
the following after subsection (1):

     (2)  Notwithstanding subsection (1), on the written request of the
board, the Ministers may extend the school closure procedures beyond one
school year.


11   Section 8 is amended by striking out "2005" and substituting "2008".


     Alberta Regulation 258/2003

     Wildlife Act

     WILDLIFE AMENDMENT REGULATION

     Filed:  July 29, 2003

Made by the Minister of Sustainable Resource Development (M.O. 26/03) on
July 23, 2003 pursuant to sections 12, 23 and 103 of the Wildlife Act.


1   The Wildlife Regulation (AR 143/97) is amended by this Regulation.


2   Section 3(e) is repealed.


3   This Regulation comes into force on August 1, 2003.


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

     Alberta Regulation 259/2003

     Traffic Safety Act

     ALBERTA TRANSPORTATION SAFETY BOARD
     APPEAL FEES REGULATION

     Filed:  July 29, 2003

Made by the Minister of Transportation (M.O. 17/03) on July 21, 2003
pursuant to section 64(u)(v) of the Traffic Safety Act.


Definition
1   In this Regulation, "Act" means the Traffic Safety Act.


Fee for appeals
2   A person who appeals any matter under Part 2, Division 3 of the Act or
under section 2 of the Inspection Station and Inspection Technician Appeal
Regulation (AR 306/2002) must pay to the Board a fee of

     (a)  $250, if the appellant wishes to appear in person before the
Board, or

     (b)  $125, if the appellant does not wish to appear in person before
the Board.


Expiry
3   For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be repassed in
its present or an amended form following a review, this Regulation expires
on July 1, 2013.


     Alberta Regulation 260/2003

     Nursing Homes Act

     NURSING HOMES OPERATION AMENDMENT REGULATION

     Filed:  July 30, 2003

Made by the Minister of Health and Wellness (M.O. 87/2003) on July 28, 2003
pursuant to section 24 of the Nursing Homes Act.


1   The Nursing Homes Operation Regulation (AR 258/85) is amended by this
Regulation.


2   Section 3 is amended

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

Accommoda-tion charge
     3(1)  An operator may charge a resident an accommodation charge and
the accommodation charge shall not exceed the following:

               (a)  for each resident day of accommodation in a
standard ward, $39.62;

               (b)  for each resident day of accommodation in a
semi-private room, $42.00;

               (c)  for each resident day of accommodation in a private
room, $48.30.

     (b)  by adding the following after subsection (6):

     (7)  Notwithstanding subsection (1), if a resident is admitted to a
nursing home for the purpose of receiving palliative care or sub-acute care
the operator shall not charge that resident an accommodation charge.


3   This Regulation comes into force on August 1, 2003.