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     Alberta Regulation 283/2003

     Municipal Government Act

     COMMUNITY ORGANIZATION PROPERTY TAX
     EXEMPTION AMENDMENT REGULATION

     Filed:  September 12, 2003

Made by the Minister of Municipal Affairs (M.O. L:109/03) on September 8,
2003 pursuant to section 370(c) of the Municipal Government Act.


1   The Community Organization Property Tax Exemption Regulation (AR
281/98) is amended by this Regulation.


2   Section 12 is amended by adding the following after subsection (1):

     (1.1)  Notwithstanding subsection (1)(c), property held by a
community association referred to in that provision is exempt from taxation
under section 362(1)(n)(v) of the Act where that community association was
a member of the Federation of Calgary Communities or the Edmonton
Federation of Community Leagues on January 1, 1999 but cancelled its
membership after that date.

     (1.2)  Subsection (1.1) applies with respect to 2004 and subsequent
years.


3   Section 13 is amended by striking out "In this section" and
substituting "In this Part".


4   Section 15(d)(i) is repealed and the following is substituted:

     (i)  a day care centre as defined in the Day Care Regulation (AR
180/2000), and


5   Part 4 is repealed.


6   Section 23 is amended by striking out "December 31, 2003" and
substituting "October 31, 2008".


     Alberta Regulation 284/2003

     Municipal Government Act

     CONTROL OF CORPORATIONS REGULATION

     Filed:  September 12, 2003

Made by the Minister of Municipal Affairs (M.O. L:097/03) on September 4,
2003 pursuant to section 73 of the Municipal Government Act.


     Table of Contents

Definitions    1
Approval required   2
Application for approval 3
Limit on borrowing  4
Time to complete wind-up, amalgamation or divestiture  5
Minister's power    6
Due diligence study 7
Immunity for the Crown   8
Confidentiality     9
Conditions on disposition     10
Exemption of existing corporations 11
Transitional   12
Repeal    13
Expiry    14


Definitions
1   In this Regulation,

     (a)  "Act" means the Municipal Government Act;

     (b)  "controlled corporation" means

               (i)  an existing corporation that a municipality or
group of municipalities wishes to obtain control of, or

               (ii) a new corporation that a municipality or group of
municipalities wishes to establish and control;

     (c)  "corporation" means a corporation that operates for the purpose
of making a profit.


Approval required
2(1)  Neither a municipality nor a group of municipalities may, without the
prior written approval of the Minister,

     (a)  establish and control, or

     (b)  obtain control of

any corporation, including any subsidiary of a corporation that the
municipality or group of municipalities controls.

(2)  This section does not apply in respect of a subsidiary

     (a)  of ENMAX Corporation, or

     (b)  of EPCOR Utilities Inc.


Application for approval
3(1)  A municipality or group of municipalities that intends to obtain
control of or to establish and control a corporation must apply to the
Minister for approval.

(2)  An application referred to in subsection (1) must include the
following:

     (a)  the costs related to establishing or obtaining control of the
corporation, as the case may be;

     (b)  the value of any assets of the corporation that are to be
transferred to the municipality or group of municipalities;

     (c)  in respect of a corporation referred to in section 1(b)(i), a
copy of

               (i)  its most recent annual financial statement, and

               (ii) its current operating and capital budgets;

     (d)  in respect of a corporation referred to in section 1(b)(ii), a
copy of a proposed business plan that includes a cash flow projection for
the first 3 years of the corporation's operation or for any other period
that is satisfactory to the Minister;

     (e)  a copy of the certificate of incorporation for the corporation.

(3)  An application referred to in subsection (1) must satisfy the Minister

     (a)  that the controlled corporation will carry on business solely
for one or more of the purposes described in section 3 of the Act,

     (b)  that the controlled corporation

               (i)  will acquire the assets of an entity that provides
an existing municipal service for the purpose of providing that municipal
service,

               (ii) will provide a regional municipal service, facility
or other thing, or

               (iii)     will enter into partnership arrangements with other
entities to carry out an activity described in subclause (i) or (ii),

     (c)  that the controlled corporation will not own or lease assets
outside Alberta unless

               (i)  the Minister's approval under section 5 authorizes
the corporation to do so, or

               (ii) the corporation generates, distributes, transmits
or retails electricity or gas,

     (d)  that the controlled corporation will not be dependent for its
on-going operation on the municipality or group of municipalities that
controls it, and

     (e)  that the purpose and the profit and dividends of the controlled
corporation will provide a direct benefit to the residents of the
municipality or group of municipalities that controls it.


Limit on borrowing
4   An applicant referred to in section 3(1) must provide with the
application evidence satisfactory to the Minister that if the controlled
corporation intends to borrow any amount to pay a cost referred to in
section 3(2)(a), such borrowing

     (a)  will not exceed a loan-to-value ratio exceeding 80% of the
acquisition or establishment costs of the controlled corporation,

     (b)  will not exceed 25% of the applicant's debt limit under the
Debt Limit Regulation (AR 255/2000), and

     (c)  will not cause the applicant to increase its total debt beyond
75% of its debt limit under the Debt Limit Regulation (AR 255/2000).


Time to complete wind-up, amalgamation or divestiture
5   An applicant referred to in section 3(1) that intends to obtain control
of a corporation for the purpose of winding it up, amalgamating it or
disposing of it must provide with the application the time period in which
the winding up, amalgamation or disposition is expected to occur.


Minister's power
6   The Minister may

     (a)  approve an application under section 3, with or without terms
and conditions, or

     (b)  refuse to approve an application under section 3.


Due diligence study
7   Before making a decision under section 6, the Minister may require the
municipality or group of municipalities to undertake a due diligence study
that discloses potential environmental, financial, labour or other
liability risks and provide a copy of the study to the Minister for review.


Immunity for the Crown
8   No action may be brought against the Crown claiming compensation for
any real or perceived loss or damage resulting from the granting of an
approval under section 6.


Confidentiality
9   Subject to the Freedom of Information and Protection of Privacy Act,
all applications and information submitted to the Minister under this
Regulation that are expressly marked as confidential must be dealt with in
confidence by the Minister and the Minister's staff.


Conditions on disposition
10   If a municipality or group of municipalities proposes to dispose of a
corporation in respect of which an approval has been granted under section
6,

     (a)  the municipality or group of municipalities must advertise in
accordance with section 606 of the Act a notice of its intention to do so,
and

     (b)  any grants, loans, property or other assistance provided by the
Government of Alberta to the controlled corporation must be repaid to the
Government of Alberta if the Minister so directs.


Exemption of existing corporations
11   Where a municipality or group of municipalities has obtained control
of a corporation before the coming into force of this Regulation, no
approval is required under section 3(1) in respect of that corporation.


Transitional
12   If

     (a)  prior to January 1, 1995, the Minister consented to a
municipality acquiring and holding the shares of a corporation, and

     (b)  on January 1, 1995 the municipality controlled the corporation,

the Minister's consent is deemed to be an approval under section 6 of this
Regulation.


Repeal
13   The Control of Corporations Regulation (AR 373/94) is repealed.


Expiry
14   For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be repassed in
its present or an amended form following a review, this Regulation expires
on July 31, 2013.


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     Alberta Regulation 285/2003

     Traffic Safety Act

     ALBERTA TRANSPORTATION SAFETY BOARD APPEAL
     FEES AMENDMENT REGULATION

     Filed:  September 12, 2003

Made by the Minister of Transportation (M.O. 44/03) on August 25, 2003
pursuant to section 64(u)(v) of the Traffic Safety Act.


1   The Alberta Transportation Safety Board Appeal Fees Regulation (AR
259/2003) is amended by this Regulation.


2   Section 2 is amended by striking out "to the Board".