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Alberta Regulation 86/2004
Apprenticeship and Industry Training Act
GAS UTILITY OPERATOR OCCUPATION AMENDMENT REGULATION
Filed: May 7, 2004
Made by the Alberta Apprenticeship and Industry Training Board on March 26, 2004 
pursuant to section 37(2) of the Apprenticeship and Industry Training Act.
1   The Gas Utility Operator Occupation Regulation 
(AR 278/2000) is amended by this Regulation.

2   Section 1(a) is amended
	(a)	by striking out "any kind of gas transmission distribution 
system" and substituting "any kind of gas transmission 
system or gas distribution system";
	(b)	in subclause (i) by striking out "gas transmission 
distribution systems" and substituting "gas transmission 
systems or gas distribution systems".

3   Section 3 is amended
	(a)	in clause (b) by striking out "and takeoff";
	(b)	in clause (c) by adding ", operation" after "installation";
	(c)	in clause (f) by adding "installing," before "operating";
	(d)	in clause (h) by striking out "assembling and using 
rigging and" and substituting "operating";
	(e)	by adding the following after clause (h):
	(i)	assembling and installing pipe materials.



Alberta Regulation 87/2004
Apprenticeship and Industry Training Act
IRONWORKER TRADE AMENDMENT REGULATION
Filed: May 7, 2004
Made by the Alberta Apprenticeship and Industry Training Board on March 26, 2004 
pursuant to section 33(2) of the Apprenticeship and Industry Training Act. 
1   The Ironworker Trade Regulation (AR 285/2000) is 
amended by this Regulation.

2   Section 8 is amended
	(a)	in subsection (1) by striking out "3 periods of not less 
than 12" and substituting "4 periods of not less than 9";
	(b)	in subsections (2), (3) and (4) by striking out "1500" 
and substituting "1125";
	(c)	by adding the following after subsection (4):
(5)  In the 4th period of the apprenticeship program, the 
apprentice must acquire not less than 1125 hours of on the job 
training and successfully complete the technical training that is 
required or approved by the Board.

3   Section 9 is amended
	(a)	in subsection (1) by striking out "one period of not less 
than 14 months" and substituting "2 periods, each being 
of not less than 9 months";
	(b)	in subsection (2)


	(i)	by striking out "the period" and substituting 
"each of the 2 periods";
	(ii)	by striking out "1500" and substituting "1125".

4   Section 11(2)(a) is amended
	(a)	in subclause (i) by striking out "70%" and 
substituting "60%";
	(b)	in subclause (ii)
	(i)	by striking out "80%" and substituting "70%";
	(ii)	by striking out "and";
	(c)	in subclause (iii)
	(i)	by striking out "90%" and substituting "80%";
	(ii)	by adding ", and" at the end;
	(d)	by adding the following after subclause (iii):
	(iv)	90% in the 4th period of the apprenticeship program;

5   Section 11(2)(b) is amended by striking out "90% during 
the period of the apprenticeship program." and substituting the 
following:
	(i)	80% in the first period of the apprenticeship program, and
	(ii)	90% in the 2nd period of the apprenticeship program.

6   The following is added after section 18:
Transitional - 2004 change in  apprentice-ship periods
18.1   Apprentices who, as at immediately before May 16, 2004, 
had successfully completed technical training in the first or 2nd of 
the 3 periods of their apprenticeship program referred to in section 
8 (as that section existed at that time) are eligible for entry to the 
3rd or 4th period of technical training respectively, of the 
apprenticeship program.

7   Section 18.1 is repealed on May 17, 2004.

8(1)  Sections 4 and 5 apply only with respect to periods of 
apprenticeship training that commence on or after May 16, 
2004.
(2)  Subject to subsection (1), this Regulation comes into 
force on May 16, 2004.



Alberta Regulation 88/2004
Agricultural Operation Practices Act
BOARD ADMINISTRATIVE PROCEDURES AMENDMENT REGULATION
Filed: May 11, 2004
Made by the Natural Resources Conservation Board on May 10, 2004 pursuant to 
section 44(3) of the Agricultural Operation Practices Act.
1   The Board Administrative Procedures Regulation (AR 
268/2001) is amended by this Regulation.

2   Section 2(1) is amended
	(a)	by striking out "An application" and substituting 
"Unless the approval officer specifies otherwise, an 
application";
	(b)	in clause (j) by striking out "manure is" and 
substituting "manure, composting materials and compost 
are";
	(c)	in clause (k) by adding "unless the applicant satisfies the 
Board that the applicant has sufficient land to comply with 
section 24(2) and 25 of the Standards and Administration 
Regulation (AR 267/2001)" after "section 4(4)".



3   Section 3(1) is amended
	(a)	by striking out "An application" and substituting 
"Unless the approval officer specifies otherwise, an 
application";
	(b)	in clause (h) by striking out "manure is" and 
substituting "manure, composting materials and compost 
are";
	(c)	in clause (i) by adding "unless the applicant satisfies the 
Board that the applicant has sufficient land to comply with 
section 24(2) and 25 of the Standards and Administration 
Regulation (AR 267/2001)" after "section 4(4)".

4   Section 17(1) is repealed and the following is 
substituted:
Notice to attend
17(1)  The Board may, on its own initiative or at the request of a 
directly affected party, issue a notice requiring a person to attend a 
meeting, an oral hearing or an electronic hearing as a witness and 
to produce the documents and material set out in the notice.

5   Section 39 is amended by striking out "January 31, 2007" 
and substituting "June 30, 2014".

6   This Regulation comes into force on the coming into 
force of the Agricultural Operation Practices Amendment 
Act, 2004.


--------------------------------
Alberta Regulation 89/2004
Law of Property Act
LAW OF PROPERTY REGULATION
Filed: May 12, 2004
Made by the Lieutenant Governor in Council (O.C. 189/2004) on May 12, 2004 
pursuant to section 50.1 of the Law of Property Act. 
Definition for purposes of Act
1(1)  In this section, "existing encumbrance or mortgage" means an 
encumbrance or mortgage that is registered and that has or will 
continue to have priority over or equal priority with the mortgage to be 
given.
(2)  For the purposes of sections 43(4.1) and (4.2) and 44(4.1) and 
(4.2) of the Law of Property Act and this Regulation, "high ratio 
mortgage" means a mortgage of land given to secure a loan under 
which the specific principal sum of the mortgage, together with the 
specific principal sum of any existing encumbrance on or mortgage of 
the same land, exceeds 75% of the market value of the land at the time 
the mortgage is given.
(3)  In determining the specific principal sum for the purposes of 
subsection (2), the specific principal sum is the maximum amount 
secured by the mortgage or encumbrance.
Statement on mortgage
2(1)  A high ratio mortgage for the purposes of sections 43(4.1) and 
(4.2) and 44(4.1) and (4.2) of the Law of Property Act must also 
contain the following statement:
		This mortgage is a high ratio mortgage to which sections 43(4.1) 
and (4.2) and 44(4.1) and (4.2) of the Law of Property Act apply.  
You and anyone who, expressly or impliedly, assumes this 
mortgage from you, could be sued for any obligations under this 
mortgage if there is a default by you or by a person who assumes 
this mortgage.
(2)  The statement referred to in subsection (1) must be published 
prominently on the mortgage document.
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 August 1, 2014.
Coming into force
4(1)  This Regulation, except section 2, comes into force on August 1, 
2004.
(2)  Section 2 comes into force on August 1, 2006.


--------------------------------
Alberta Regulation 90/2004
Agricultural Operation Practices Act
AGRICULTURAL OPERATIONS, PART 2 
MATTERS AMENDMENT REGULATION
Filed: May 12, 2004
Made by the Lieutenant Governor in Council (O.C. 200/2004) on May 12, 2004 
pursuant to section 44 of the Agricultural Operation Practices Act. 
1   The Agricultural Operations, Part 2 Matters Regulation 
(AR 257/2001) is amended by this Regulation.

2   Section 1 is amended
	(a)	by renumbering it as section 1(1);
	(b)	in subsection (1)
	(i)	by repealing clause (c) and substituting the 
following:
	(c)	"construct" with respect to a structure, operation or 
facility includes reconstructing, renovating, 
altering or expanding but does not include general 
maintenance of the structure, operation or facility 
and does not include the clearing and levelling of 
land;
	(ii)	in clause (d) by striking out "manure" and 
substituting "manure, composting materials or 
compost";
	(iii)	by repealing clause (e);
	(c)	by adding the following after subsection (1):
(2)  In this Regulation, a reference to a type or a category of 
livestock means, subject to section 5.1, the type or category as 
set out in the Schedules.

3   Section 2 is amended
	(a)	by striking out "An approval" and substituting 
"Subject to this section, an approval";
	(b)	by renumbering section 2 as section 2(1) and 
adding the following after subsection (1):
(2)  Subject to subsection (3), an owner or operator of a 
confined feeding operation who holds an approval is not 
required to apply for an amendment to the approval or for 
another approval when the owner or operator wishes to change 
the type of livestock within the same category at or the number 
of animals at the confined feeding operation if the change does 
not increase the amount of manure produced at the confined 
feeding operation.
(3)  An owner or operator must notify the Board in writing of 
the intended change in the type of livestock or number of 
animals before the change takes place.
(4)  An owner or operator of a confined feeding operation who 
holds an approval is not required to apply for an amendment to 
the approval or for a new approval if the owner or operator is 
not reconstructing the portion of the operation where manure, 
composting materials or compost accumulate or are stored and 
if the reconstruction will not result in an increased capacity of 
the manure storage facility.

4   Section 3 is amended
	(a)	by striking out "A registration" and substituting 
"Subject to this section, a registration";
	(b)	by renumbering section 3 as section 3(1) and 
adding the following after subsection (1):
(2)  Subject to subsection (3), an owner or operator of a 
confined feeding operation who holds a registration is not 
required to apply for an amendment to the registration or for 
another registration when the owner or operator wishes to 
change the type of livestock within the same category at or the 
number of animals at the confined feeding operation if the 
change does not increase the amount of manure produced at the 
confined feeding operation.
(3)  An owner or operator must notify the Board in writing of 
the intended change in the type of livestock or number of 
animals before the change takes place.
(4)  An owner or operator of a confined feeding operation who 
holds a registration is not required to apply for an amendment 
to the registration or for a new registration if the owner or 
operator is not reconstructing the portion of the operation 
where manure, composting materials or compost accumulate or 
are stored and if the reconstruction will not result in an 
increased capacity of the manure storage facility.

5   Section 4 is repealed and the following is substituted:
Authorization required
4(1)  Pursuant to section 14(1) of the Act and this Regulation, an 
owner or operator is required to hold an authorization for the 
construction of a manure storage facility that
	(a)	is for containment for 7 months or more in any calendar 
year, and
	(b)	is for more than a total of 500 tonnes of manure, 
composting materials and compost.
(2)  An owner or operator of a manure storage facility who holds 
an authorization is not required to apply for an amendment to the 
authorization or for a new authorization if the owner or operator is 
not reconstructing the portion of the manure storage facility where 
manure, composting materials or compost accumulate or are stored.

6   Section 5 is amended
	(a)	by striking out "For the" and substituting "Unless 
specified otherwise in the Act, for the";
	(b)	by repealing clause (d).

7   The following is added after section 5:
New livestock categories
5.1   If a type of livestock on a confined feeding operation, within 
a category of livestock specified in the Schedules, is not listed in 
the Schedules, the Board may, based on the manure production of 
that type, determine, for that type, the relevant factors, units and 
other measurements required to apply the regulations to that type.

8   Section 6 is amended by striking out "January 31, 2007" 
and substituting "June 30, 2014".

9   This Regulation comes into force on the coming into 
force of the Agricultural Operation Practices Amendment 
Act, 2004.

10   Schedules 1 and 2 are repealed and the following 
Schedules 1 and 2 are substituted:
Schedule 1 
 
Animal Units
Category of 
Livestock
Type of Livestock
Factor to be used to 
determine the animal 
units
Beef
Cows/Finishers (900+ lbs)
1.1

Feeders (< 900 lbs)
2
Dairy
Milking cows (including 
replacements and dries)
0.5
Swine
Farrow to finish
0.56

Farrow to wean
1.5

Feeders
5

Weaners
18.2
Poultry
Layer (includes associated 
pullets)
125

Pullets/Broilers
500
Turkeys
Toms
50
Ducks
100
Geese
50
Horses
PMU
1

Feeders
1
Sheep
Ewes/rams
5
Goats
Meat/Milk
6
Bison
1
Cervid
Elk
1.7

Deer
5
Wild Boar
7
 
Schedule 2
Category of 
Livestock
Type of Livestock
Column 2
Column 3


Number of 
Animals 
(registration)
Number of 
Animals 
(approvals)
Beef
Cows/Finishers (900+ 
lbs)
150 - 349
350+

Feeders (< 900 lbs)
200 - 499
500+
Dairy
Milking cows (including 
replacements and dries)
50 - 199
200+
Swine
Farrow to finish
30 - 249
250+

Farrow to wean
50 - 999
1000+

Feeders
500 - 3299
3300+

Weaners
500 - 8999
9000+
Poultry
Layers (includes 
associated pullets)
5000 - 29 999
30 000+

Pullets/Broilers
2000 - 59 999
60 000+
Turkeys
Toms
1000 - 29 999
30 000+
Ducks
1000 - 29 999
30 000+
Geese
1000 - 29 999
30 000+
Horses
PMU
100 - 399
400+

Feeders
100 - 299
300+
Sheep
Ewes/Rams
200 - 1999
2000+
Goats
Meat/Milk
200 - 1999
2000+
Bison
150 - 349
350+
Cervid
Elk
150 - 399
400+

Deer
200 - 999
1000+
Wild Boar
100 - 299
300+



--------------------------------
Alberta Regulation 91/2004
Marketing of Agricultural Products Act
ALBERTA PEACE REGION FORAGE SEED 
GROWERS PLAN REGULATION
Filed: May 12, 2004
Made by the Lieutenant Governor in Council (O.C. 201/2004) on May 12, 2004 
pursuant to sections 16 and 18 of the Marketing of Agricultural Products Act. 
Table of Contents
	1	Definitions
	2	Designation of agricultural product
Part 1 
General Operation of Plan
Division 1 
Plan
	3	Establishment of Plan
	4	Termination of Plan
	5	Application of Plan
	6	Purpose of Plan
Division 2 
Operation of Plan by Commission
	7	Establishment of Commission
	8	Functions of Commission
	9	Operation of Plan re regulations
	10	Financing of Plan
	11	Service charges refundable
	12	Collection of service charge
	13	Prohibition re funds under the Act
	14	Auditor
	15	Honorary memberships, etc.
Part 2 
Governance of Plan
Division 1 
Producers
	16	Eligible producers
	17	General rights of eligible producers
	18	Eligible producers who are individuals
	19	Producers that are not individuals
Division 2 
General Meetings of Eligible Producers
	20	Annual Commission meetings
	21	Special Commission meetings
	22	Calling of meetings
	23	Quorum
Division 3 
Directors
	24	Board of Directors
	25	Responsibilities of the Board of Directors
	26	Chair, etc.
	27	Term of office
	28	Removal from office
	29	Election of directors
	30	Election of director by mail ballot
	31	Eligibility re director
	32	Quorum
Part 3 
Voting and Elections
	33	Eligibility to vote
	34	Must be on list of eligible producers
	35	Returning officer
	36	Controverted election
Part 4 
Transitional Provision, Review and Repeal
	37	Transitional re directors
	38	Review 
 
Schedule
Definitions
1   In this Regulation,
	(a)	"Act" means the Marketing of Agricultural Products Act;
	(b)	"Alberta Peace Region" means that part of Alberta that 
consists of the areas set out in the Schedule;
	(c)	"annual Commission meeting" means an annual general 
meeting of the directors and the eligible producers;
	(d)	"B.C. Peace Region" means that part of British Columbia 
that is commonly referred to as the Peace Region;
	(e)	"Commission" means the commission established under 
section 7 with the name the "Alberta Peace Region Forage 
Seed Growers";
	(f)	"Council" means the Alberta Agricultural Products 
Marketing Council;
	(g)	"dealer" means a person purchasing or acquiring regulated 
product from a producer and includes, but is not limited to,
	(i)	the first receiver of the regulated product,
	(ii)	persons who are elevator companies, grain companies, 
grain dealers or seed cleaners, and
	(iii)	persons who acquire regulated product from the 
producer for sale on the producer's behalf;
	(h)	"director" means a director of the Commission;
	(i)	"eligible producer" means a producer who qualifies as an 
eligible producer under section 16;
	(j)	"fiscal year" means a year commencing on January 1 and 
concluding on December 31;
	(k)	"forage and turf seed" means perennial grasses, annual 
ryegrasses and legumes grown to produce seed and includes 
both pedigreed and common seed;
	(l)	"marketing"
	(i)	means buying, owning, selling, offering for sale, 
storing, grading, assembling, packing, transporting, 
advertising or financing, and
	(ii)	includes any other function or activity designated as 
marketing by the Lieutenant Governor in Council;
	(m)	"person" means a person as defined in the Interpretation Act 
and includes
	(i)	a partnership as defined in the Partnership Act,
	(ii)	any unincorporated organization that is not a partnership 
referred to in subclause (i), and
	(iii)	any group of individuals who are carrying on an activity 
for a common purpose and are neither a partnership 
referred to in subclause (i) nor an unincorporated 
organization referred to in subclause (ii);
	(n)	"producer" means a person who
	(i)	grows forage and turf seed for sale on one or more 
parcels of land located in the Alberta Peace Region, or
	(ii)	is entitled, pursuant to a crop share arrangement, to a 
share of forage and turf seed that is grown on the land 
located in the Alberta Peace Region;
	(o)	"regulated product" means forage and turf seed;
	(p)	"special Commission meeting" means a special general 
meeting of the directors and the eligible producers.
Designation of agricultural product
2   Forage and turf seed is designated as an agricultural product for the 
purposes of the Act.
Part 1 
General Operation of Plan
Division 1 
Plan
Establishment of Plan
3   There is hereby established a plan with the name "Alberta Peace 
Region Forage Seed Growers Plan".
Termination of Plan
4   This Plan does not terminate at the conclusion of a specific period 
of time and remains in force unless otherwise terminated pursuant to 
the Act.
Application of Plan
5(1)  This Plan applies
	(a)	to only that part of Alberta that is the Alberta Peace Region;
	(b)	to all producers in Alberta who
	(i)	produce the regulated product on land located in the 
Alberta Peace Region, or
	(ii)	market the regulated product within the Alberta Peace 
Region;
	(c)	for the purposes of sections 9(a), (b), (c) and (f) and 12,
	(i)	to dealers within the Alberta Peace Region, and
	(ii)	to any persons who are not producers and who market 
or process the regulated product within the Alberta 
Peace Region.
(2)  Notwithstanding subsection (1), this Plan does not apply to 
producers who do not produce the regulated produce within the 
Alberta Peace Region.
Purpose of Plan
6(1)  The purposes of this Plan are to do the following:
	(a)	to initiate and carry out projects or programs related to 
research and studies with respect to the production and 
handling of forage and turf seed, including research and 
studies concerning the development and use of forage and 
turf seed;
	(b)	to assist, educate and inform producers, dealers and 
processors in developing and improving methods regarding 
the production and processing of forage and turf seed;
	(c)	generally to assist in the development and promotion of the 
forage and turf seed industry in the Alberta Peace Region and 
in the B.C. Peace Region;
	(d)	to advise governments on matters concerning the forage and 
turf seed industry;
	(e)	to co-operate with the Government of Canada, the 
Government of Alberta and the Government of British 
Columbia with respect to the maintenance of the quality and 
standards of the regulated product;
	(f)	to co-operate with the Peace Region Forage Seed Association 
and the British Columbia Grain Industry Development 
Council and other organizations involved in the forage seed 
industry in the Alberta Peace Region and the B.C. Peace 
Region.
(2)  Under this Plan neither the production nor the marketing of the 
regulated product is to be controlled or regulated.
Division 2 
Operation of Plan by Commission
Establishment of Commission
7   There is hereby established a commission with the name "Alberta 
Peace Region Forage Seed Growers".
Functions of Commission
8   The Commission
	(a)	is, subject to the Act, responsible for the operation, 
regulation, supervision and enforcement of this Plan;
	(b)	must
	(i)	open and maintain one or more accounts in a bank, trust 
company, treasury branch, credit union or other 
depository, and
	(ii)	designate such officers, employees and other persons as 
are necessary to transact the Commission's business;
	(c)	may enter into an operating line of credit or other loan 
agreement with its bank, trust company, treasury branch, 
credit union or other lending institution;
	(d)	must cause such books and records, including financial 
records, to be maintained
	(i)	as from time to time may be required under the Act, the 
regulations or by virtue of any order of the Council, or
	(ii)	as may be determined by the Commission;
	(e)	must maintain an office, the location of which, at all times, is 
to be made known to each eligible producer;
	(f)	may appoint, or contract with, officers, employees and 
agents, prescribe their duties and fix their remuneration;
	(g)	may, subject to the Act, the regulations and any orders of the 
Council, issue such general orders governing the 
Commission's internal operation as it may from time to time 
determine;
	(h)	may become a member of any agricultural organization;
	(i)	may contribute funds to any agricultural organization that has 
objectives similar to those of the Commission.
Operation of Plan re regulations
9   For the purposes of enabling the Commission to operate this Plan, 
the Commission may be empowered by the Council, pursuant to 
section 26 of the Act, to make regulations
	(a)	requiring any person who produces, markets or processes the 
regulated product to furnish to the Commission any 
information or record relating to the production, marketing or 
processing of the regulated product that the Commission 
considers necessary;
	(b)	requiring persons other than producers to be licensed under 
this Plan before they become engaged in the marketing and 
processing, or either of those functions, of the regulated 
product;
	(c)	governing the issuance, suspension or cancellation of a 
licence issued under this Plan;
	(d)	providing for
	(i)	the assessment, charging and collection of service 
charges from producers from time to time for the 
purposes of this Plan, and
	(ii)	the taking of legal action to enforce payment of the 
service charges;
	(e)	providing for the refund of service charges;
	(f)	requiring any person who receives the regulated product from 
a producer
	(i)	to deduct from the money payable to the producer any 
service charges payable by the producer to the 
Commission, and
	(ii)	to forward the amount deducted to the Commission;
	(g)	providing for the use of any class of service charges or other 
money payable to or received by the Commission for the 
purpose of paying its expenses and administering this Plan 
and the regulations made by the Commission.
Financing of Plan
10(1)  In accordance with the regulations,
	(a)	this Plan is to be financed by the charging and collection of 
service charges from producers;
	(b)	every producer engaged in production of the regulated 
product is to pay a service charge on each dollar, or part 
thereof, of regulated product sold by the producer;
	(c)	the Commission may, from time to time, change the amount 
of the service charge, but the change will not be effective 
until it has been approved by the eligible producers at an 
annual Commission meeting or a special Commission 
meeting.
(2)  The amount of the service charge to be established initially after 
the coming into force of this Plan is to be established by the 
Commission but must be approved by the Council before it becomes 
effective.
Service charges refundable
11(1)  In accordance with the regulations,
	(a)	the service charge is refundable to a producer on request of 
the producer;
	(b)	the request for a refund of the service charge must
	(i)	be made in writing on a form established by the 
Commission, and
	(ii)	contain the following information:
	(A)	the producer's name;
	(B)	the producer's mailing address and telephone 
number;
	(C)	the type and crop class of the regulated product, if 
available;
	(D)	the dollar amount and quantity of regulated 
product sold;
	(E)	the name and address of any dealer who collected 
the service charge on behalf of the producer;
	(F)	any specifics of the refund that are requested by 
the Commission;
	(c)	requests for refunds must be received by the Commission at 
its office prior to the end of January, for service charges 
collected during the previous fiscal year;
	(d)	any request for a refund that is not received by the 
Commission within the time period specified under clause (c) 
shall not, subject to clause (e), be considered by the 
Commission and the producer will not be entitled to a refund 
in respect of which the request was made;
	(e)	the Commission may, if it is satisfied that extenuating 
circumstances exist that warrant its doing so, consider an 
application for a refund that is received after the applicable 
time period referred to in clause (c);
	(f)	the Commission must refund the service charge to the 
producer within 90 days after the end of the period in which 
the request for the refund relates.
(2)  In the event that within the period of time that makes up a  fiscal 
year
	(a)	the eligible producers requesting a refund of the service 
charge comprise more than 35% of existing eligible 
producers, and
	(b)	those eligible producers requesting a refund under clause (a) 
account for at least 35% of the service charges collected 
during the current crop year,
the continued operation of this Plan is to be subject to approval by a 
majority of producers at a plebiscite to be held under the direction of 
the Council pursuant to the Act.
(3)  The Commission must, within 90 days following the end of a 
fiscal year, report to the Council the refunds made under this section 
for that fiscal year.
Collection of service charge
12   In accordance with the regulations,
	(a)	all dealers who
	(i)	purchase regulated product from a producer, or
	(ii)	acquire regulated product from a producer for sale on 
the producer's behalf
		must deduct from any proceeds payable to or on behalf of the 
producer the amount of the service charge;
	(b)	any person who receives proceeds on behalf of the producer 
with respect to the sale by the producer of regulated product 
must deduct from the proceeds payable to or on behalf of the 
producer, the amount of the service charge;
	(c)	any person who collects a service charge must pay the 
amount of the service charge to the Commission;
	(d)	all persons required under this Plan to collect and pay to the 
Commission the service charge payable by a producer must
	(i)	pay the service charge to the Commission,
	(A)	in the case of service charges collected during the 
period commencing on July 1 and concluding on 
December 31, by the immediately following 
January 31, and
	(B)	in the case of service charges collected during the 
period commencing on January 1 and concluding 
on June 30, by the immediately following July 31,
		or, if an arrangement is made between the Commission 
and the person collecting the service for other time 
periods in which the service charges are to be paid to 
the Commission, pay the service charges to the 
Commission in accordance with that arrangement,
			and
	(ii)	provide to the Commission, for each producer, a 
summary detailing
	(A)	the name and address of the producer,
	(B)	the type and crop class of the regulated product, if 
available,
	(C)	the dollar value and quantity of the regulated 
products obtained from the producer, and
	(D)	the amount of the service charge being paid on 
behalf of the producer.
Prohibition re funds under the Act
13   The Commission shall not establish a fund under section 34 or 35 
of the Act.
Auditor
14   The auditor for the Commission is to be appointed from time to 
time at an annual Commission meeting or a special Commission 
meeting.
Honorary memberships, etc.
15   The Commission may establish non-voting associate, industry, 
affiliate or honorary memberships under this Plan to provide interested 
individuals or organizations with the opportunity to contribute to the 
efforts of the Commission.
Part 2 
Governance of Plan
Division 1 
Producers
Eligible producers
16   For the purposes of this Plan,
	(a)	any producer who has paid a service charge under this Plan 
in a fiscal year is an eligible producer for that fiscal year;
	(b)	the Commission must maintain a list of eligible producers;
	(c)	all producers who can be identified by the Commission as 
having paid a service charge under this Plan during a fiscal 
year are to be included on the list of eligible producers for 
that fiscal year;
	(d)	any producer who is not listed on the Commission's list of 
eligible producers must be added to the list where the 
producer can provide proof to the Commission that the 
producer has paid a service charge under this Plan in the 
fiscal year for which the application is made;
	(e)	once a producer is listed with the Commission as an eligible 
producer, the producer continues to be recognized as an 
eligible producer from fiscal year to fiscal year, unless the 
eligible producer ceases to pay a service charge under this 
Plan in 4 subsequent fiscal years, in which case the producer 
ceases to be an eligible producer;
	(f)	where a producer ceases to be an eligible producer under 
clause (e), the producer is entitled to again become an 
eligible producer for any fiscal year in which the producer 
pays a service charge under this Plan.
General rights of eligible producers
17   In accordance with this Plan, an eligible producer is entitled, as a 
matter of right,
	(a)	to attend annual Commission meetings and special 
Commission meetings;
	(b)	to make representations on any matter pertaining to this Plan, 
the Commission and the Board of Directors;
	(c)	to vote on any matter under this Plan;
	(d)	to vote in any election for directors;
	(e)	to hold office as a director;
	(f)	to vote in any plebiscites of producers held under the Act.
Eligible producers who are individuals
18   Where an eligible producer is an individual, that individual may, 
subject to this Plan, exercise the rights of an eligible producer referred 
to in section 17.
Producers that are not individuals
19(1)  Where an eligible producer is not an individual, that producer 
may, only in accordance with this section, exercise the rights of an 
eligible producer referred to in section 17.
(2)  An eligible producer to which this section applies must appoint an 
individual to be the representative of the producer.
(3)  A representative appointed by an eligible producer under this 
section is, subject to this Plan, to exercise on behalf of the eligible 
producer the rights of an eligible producer referred to in section 17.
(4)  If an eligible producer is 
	(a)	a corporation, it must appoint an individual who is a director, 
shareholder, member, officer or employee of the corporation 
as its representative,
	(b)	a partnership, it must appoint an individual who is a partner 
or employee of the partnership as its representative, or
	(c)	an organization, other than a corporation or a partnership, it 
must appoint an individual who is a member, officer or 
employee of the organization as its representative.
(5)  An appointment of a representative under this section must be
	(a)	in writing, and
	(b)	in the case where a vote is to be taken at a meeting, filed with 
the returning officer prior to the calling to order of the 
meeting at which a vote is to take place.
(6)  An individual who is the representative of an eligible producer 
shall not cast a vote under this Plan unless 
	(a)	the individual presents a document signed by the eligible 
producer indicating the name of the person who may vote for 
the eligible producer, or 
	(b)	the individual makes a statutory declaration in writing stating 
that
	(i)	the individual is a representative of the eligible 
producer, and
	(ii)	the individual has not previously voted in the election or 
on the matter in respect of which the individual wishes 
to cast a vote.
(7)  A statutory declaration made under subsection (6)(b) must be 
made in writing before the returning officer or the deputy returning 
officer prior to the vote being cast.  
(8)  An individual cannot at any one time be a representative under this 
section for more than one eligible producer.
(9)  A representative shall not vote or hold office before the 
representative's appointment is filed in accordance with subsection (5).
Division 2 
General Meetings of Eligible Producers
Annual Commission meetings
20(1)  An annual Commission meeting must be held for the purposes 
of providing to the eligible producers
	(a)	information with respect to the Commission, and
	(b)	an opportunity to provide to the Board of Directors 
suggestions and recommendations.
(2)  An annual Commission meeting must be held
	(a)	once in each year, and
	(b)	within 15 months following the date of the commencement 
of the last annual Commission meeting.
Special Commission meetings
21   The Commission must hold a special Commission meeting
	(a)	when requested to do so by the Council, or
	(b)	on the written request of not less than 30% of the eligible 
producers.
Calling of meetings
22(1)  The Commission must set the time, place and date of any 
annual Commission meeting or special Commission meeting.
(2)  The Commission must,
	(a)	in the case of an annual Commission meeting, notify the 
eligible producers of the annual Commission meeting at least 
21 days before that meeting is to be held, and
	(b)	in the case of a special Commission meeting, notify the 
eligible producers of the special Commission meeting at least 
21 days before that meeting is to be held.
(3)  Any notice of a meeting must set forth the time, place, date and 
purpose of the meeting.
(4)  Where the Commission provides a notice under this section, the 
Commission may do so in any form or manner that the Commission 
considers appropriate in the circumstances.
Quorum
23   At an annual Commission meeting or special Commission 
meeting the quorum necessary for the conduct of business is 25 
eligible producers.
Division 3 
Directors
Board of Directors
24   The Commission shall have a Board of Directors consisting of 3 
eligible producer directors.
Responsibilities of the Board of Directors
25(1)  The responsibilities of the Commission, the authority delegated 
to the Commission by the Council and the direction, administration 
and management of the Commission's work, business and affairs, 
including the control and management of all the assets owned, held or 
acquired by the Commission, are vested in the Board of Directors.
(2)  The Board of Directors has the power to do all things necessary to 
carry out the purposes of this Plan and the responsibilities and 
authority of the Commission.
(3)  The Board of Directors may authorize any person, entity or 
committee to exercise any of the powers of the Board of Directors as 
set forth in this Plan or otherwise.
(4)  Where a person, entity or committee is authorized under 
subsection (3) to exercise any power of the Board of Directors,
	(a)	that person, entity or committee shall report back to the 
Board of Directors with respect to the exercise of that power, 
and
	(b)	the Board of Directors shall retain a supervisory function to 
oversee the actions of that person, entity or committee in the 
exercise of that power.
Chair, etc.
26(1)  Following the annual Commission meeting in each year, the 
directors shall elect from among the directors the officers of the 
Commission, including a chair and a vice-chair of the Board of 
Directors.
(2)  The remuneration to be paid to the directors and officers of the 
Commission may be fixed from time to time by the Board of Directors.
Term of office
27(1)  The directors may hold office for 3 years.
(2)  The term of office of a director
	(a)	commences on the conclusion of the annual Commission 
meeting that takes place following the director's election, and
	(b)	expires on the conclusion of the annual Commission meeting 
that takes place in the year that the director's term of office is 
to expire.
Removal from office
28(1)  An individual ceases to be a director if that individual
	(a)	resigns from the position of director;
	(b)	ceases to be an eligible producer;
	(c)	in the case of the individual being the representative of an 
eligible producer under section 19, ceases to be the 
representative of the eligible producer;
	(d)	is absent from 3 consecutive meetings of the Board of 
Directors without reasons that the Board of Directors  
considers adequate.
(2)  Where a vacancy occurs on the Board of Directors under this 
section, the Board of Directors may, with the approval of the Council, 
appoint an individual to fill the position from among the eligible 
producers who are eligible to be elected as a director.
(3)  Where an individual is appointed as a director under subsection 
(2), that director is to serve for the unexpired portion of the term.
(4)  If an individual who
	(a)	is appointed as a director under subsection (2),
	(b)	is appointed or elected as a director under section 36, or
	(c)	is elected as a director under section 37,
serves for a term of 18 or fewer months, that period of time served is 
not to be considered as a term of office in determining whether that 
individual may stand for election as a director.
Election of directors
29(1)  The elections for directors are to be conducted, subject to 
section 36(5), at the annual Commission meeting.
(2)  The Commission is to solicit nominations for the position of 
director
	(a)	by publishing a notice in the Commission's newsletter, or
	(b)	by such means, other than that referred to in clause (a), as the 
Commission may determine.
(3)  Nominations for the position of director must be
	(a)	in writing and filed at the Commission's office by a date 
fixed by the Commission,
	(b)	signed by at least 2 eligible producers, and
	(c)	accompanied by the written consent of the eligible producer 
who is being nominated as a director.
(4)  Notwithstanding subsection (3), a nomination for the position of 
director may be made on the floor at the meeting at which the election 
for the position is to be conducted if the nomination
	(a)	is seconded by at least 2 eligible producers present at that 
meeting, and
	(b)	the eligible producer being nominated gives his or her oral 
consent to being nominated.
Election of director by mail ballot
30(1)  Notwithstanding section 29(1), the Commission may direct that 
the election of a director be carried out by means of a mail ballot.
(2)  Where an election is to be carried out by means of a mail ballot,
	(a)	subsections (2) and (3) but not (4) of section 29 apply to the 
election;
	(b)	the mail ballot must be designed for a secret vote;
	(c)	the election must be conducted in such a manner so as to 
ensure a secret vote;
	(d)	a mail ballot must be made available to each eligible 
producer by being mailed to each eligible producer at least 30 
days prior to the ballot closing date;
	(e)	the ballot closing date,
	(i)	is to be fixed by the Commission, and
	(ii)	must be a date that is within 42 days immediately 
preceding the annual Commission meeting.
(3)  If the eligible producers fail to elect a director by means of a mail 
ballot, the election of the director is to be held at the next annual 
Commission meeting that is held after the time at which election by 
means of a mail ballot was to have been held.
Eligibility re director
31(1)  To be eligible to be a director a person must be an eligible 
producer.
(2)  An eligible producer is not eligible to serve as a director for more 
than 2 consecutive terms of office.
(3)  Notwithstanding subsection (2), an eligible producer who was a 
director is once again eligible to serve as a director if one year has 
elapsed since that eligible producer's last term as a director has 
concluded.
Quorum
32(1)  At a meeting of the Board of Directors the quorum necessary 
for the conduct of business is a majority of the directors holding office 
at the time.
(2)  In determining a quorum under subsection (1), vacant positions on 
the Board of Directors shall not be considered.
Part 3 
Voting and Elections
Eligibility to vote
33(1)  An eligible producer is eligible
	(a)	to vote on any question put to a vote at an annual 
Commission meeting or a special Commission meeting if the 
eligible producer is present at the meeting at which the vote 
is held;
	(b)	to vote in any election for a director that is conducted at an 
annual Commission meeting if the eligible producer is 
present at the meeting at which the election is conducted;
	(c)	to vote in any election for a director that is conducted by 
means of a mail ballot.
(2)  An eligible producer, irrespective as to whether the eligible 
producer is or is not an individual, may vote once only on each matter 
put to a vote.
(3)  An eligible producer may vote once on each matter put to a vote, 
notwithstanding that the eligible producer may manage or operate or 
own, lease or hold equity in 2 or more operations.
Must be on list of eligible producers
34   An eligible producer is entitled to cast a vote under this Plan only 
if that producer's name appears on the current list of eligible 
producers.
Returning officer
35(1)  The Commission shall appoint a returning officer for the 
purposes of and in connection with any election or vote taken under 
this Plan.
(2)  The returning officer may appoint individuals as deputy returning 
officers to assist in the conduct of elections and votes under this Plan.
(3)  The returning officer shall
	(a)	compile and maintain a voters list of eligible producers who 
are entitled to vote under this Plan,
	(b)	ensure that a person does not cast a vote, except in 
accordance with this Plan, and
	(c)	permit scrutiny of the actions of the returning officer and the 
deputy returning officers by a scrutineer in respect of the 
conduct of a vote taken under this Plan.
(4)  Unless otherwise directed by the Council, no person shall destroy 
any records or ballots in respect of a vote or election held under this 
Plan until 90 days have elapsed from the day on which the vote was 
taken.
Controverted election
36(1)  If an eligible producer
	(a)	questions
	(i)	the eligibility of a candidate,
	(ii)	the eligibility of a voter,
	(iii)	any matter relating to a ballot or the tabulation of 
ballots, or
	(iv)	any other irregularity with respect to the conduct of an 
election,
		and
	(b)	seeks to have the election declared invalid and the position 
declared vacant,
the eligible producer shall, not later than 15 days after the day on 
which the election was held, apply in writing to the Council to have the 
election declared invalid and the position declared vacant.
(2)  If, within the 15-day period referred to in subsection (1), the 
Council has not received an application under subsection (1), a person 
elected at that election is deemed to be duly elected.
(3)  On receipt of an application under subsection (1), the Council shall 
consider the matter and may
	(a)	declare the election to be proper and the position filled, if, in 
the opinion of the Council, there is no basis for the 
application,
	(b)	declare the election to be proper and the position filled, 
notwithstanding that there is a basis for the application, if, in 
the opinion of the Council,
	(i)	the basis for the application did not materially affect the 
result of the election, and
	(ii)	the election was conducted substantially in accordance 
with this Plan and the Act,
		or
	(c)	declare the election to be void and the position vacant, if, in 
the opinion of the Council, there is a basis for the application 
and the basis is sufficient to, or did, affect the result of the 
election.
(4)  Notwithstanding that an election is declared void and a position is 
declared vacant under subsection (3)(c), the term of office of the 
position declared vacant is nevertheless deemed to have commenced 
on the day that the voided election was held.
(5)  If the Council declares an election to be void and the position 
vacant, the Council may
	(a)	order that, within the time that the Council considers proper, 
a special Commission meeting be held and an election be 
conducted to fill the vacant position, or
	(b)	appoint from among the eligible producers who are eligible 
to be elected to the position, an individual to fill the vacant 
position.
(6)  Where a person fills a position under subsection (5), that person 
shall serve for the unexpired portion of the term.
Part 4 
Transitional Provision, Review  
and Repeal
Transitional re directors
37(1)  Notwithstanding section 27(1), at the initial election for 
directors held after this Plan comes into force,
	(a)	one director is to be elected for a term of office of 3 years,
	(b)	one director is to be elected for a term of office of 2 years, 
and
	(c)	one director is to be elected for a term of office of one year.
(2)  At the conclusion of the terms of office referred to in subsection 
(1), directors are to be elected for a term of office in accordance with 
section 27(1).
(3)  In determining under section 31 whether an eligible producer is 
eligible to be a director, the term of office served under subsection 
(1)(a) and (b) is to be considered as a term of office.
Review
38   In compliance with the ongoing regulatory review initiative, this 
Regulation must be reviewed on or before May 31, 2011.
Schedule 
 
Alberta Peace Region
The Alberta Peace Region consists of those areas of Alberta that are 
included in the following municipalities:
	(a)	County of Grande Prairie No. 1;
	(b)	Northern Sunrise County;
	(c)	Municipal District of Big Lakes;
	(d)	Municipal District of Clear Hills No. 21;
	(e)	Municipal District of Northern Lights No. 22;
	(f)	Municipal District of Mackenzie No. 23;
	(g)	Municipal District of Greenview No. 16;
	(h)	Municipal District of Smoky River No. 130;
	(i)	Birch Hills County;
	(j)	Municipal District of Spirit River No. 133;
	(k)	Saddle Hills County;
	(l)	Municipal District of Fairview No. 136;
	(m)	Municipal District of Peace No. 135;
	(n)	any city, town, village or summer village that is encompassed 
by the area described in clauses (a) to (m).


--------------------------------
Alberta Regulation 92/2004
Meat Inspection Act
MEAT INSPECTION AMENDMENT REGULATION
Filed: May 12, 2004
Made by the Lieutenant Governor in Council (O.C. 202/2004) on May 12, 2004 
pursuant to section 11 of the Meat Inspection Act. 
1   The Meat Inspection Regulation (AR 42/2003) is amended 
by this Regulation.

2   Section 6(1)(b) is repealed and the following is 
substituted:
	(b)	"producer" means, in relation to an animal, an individual 
who, directly or indirectly, owns the animal;



Alberta Regulation 93/2004
Environmental Protection and Enhancement Act
DESIGNATED MATERIAL RECYCLING AND 
MANAGEMENT REGULATION
Filed: May 12, 2004
Made by the Lieutenant Governor in Council (O.C. 212/2004) on May 12, 2004 
pursuant to section 175 of the Environmental Protection and Enhancement Act. 
Table of Contents
	1	Definitions
	2	Management board established
	3	Advance disposal surcharge
	4	Surcharge in trust
	5	Recovery of surcharge
	6	Industy operated recycling funds
	7	Security
	8	Cancellation and suspension of registration
	9	Registration
	10	Dispute resolution
	11	Reporting
	12	Bylaws
	13	Notice to Minister
	14	Offence
	15	Freedom of information and protection of privacy
	16	Annual report
	17	Repeal
	18	Expiry
	19	Coming into force
Definitions
1   In this Regulation,
	(a)	"Act" means the Environmental Protection and Enhancement 
Act;
	(b)	"Association" means the Association referred to in section 2;
	(c)	"Bylaw" means a Bylaw of the Association made under 
section 12;
	(d)	"designated material" means a material designated by a 
material designation regulation;
	(e)	"fund" means a fund established under section 6;
	(f)	"material designation regulation" means a regulation that 
designates a material for the purposes of this Regulation;
	(g)	"Minister" means the Minister responsible for the Act;
	(h)	"supplier" means a supplier of a designated material as 
defined in the Bylaws;
	(i)	"supply" means with respect to a designated material to sell 
or otherwise transfer a designated material.
Management board established
2(1)  The Tire Recycling Management Association of Alberta, being a 
society incorporated under the Societies Act, is continued as a 
management board within the meaning of section 175(jj) of the Act 
and is charged with the administration of the funds.
(2)  Where the society referred to in subsection (1) changes its name, a 
reference in subsection (1) to the previous name is deemed to be a 
reference to its new name.
Advance disposal surcharge
3(1)  The Association may, subject to a material designation 
regulation, by Bylaw prescribe an advance disposal surcharge for any 
designated material or class of designated material.
(2)  If an advance disposal surcharge for a designated material or class 
of designated material is prescribed, a supplier shall remit to the 
Association the prescribed advance disposal surcharge in accordance 
with the Bylaws.
(3)  A supplier shall, in accordance with the Bylaws,
	(a)	remit all advance disposal surcharges to the Association, and
	(b)	account to the Association for all advance disposal 
surcharges remitted.
Surcharge in trust
4   A supplier holds all advance disposal surcharges that the supplier is 
obliged to remit under section 3 in trust for the Association.
Recovery of surcharge
5   Advance disposal surcharges required to be remitted by a supplier 
and any interest owing in respect of them are recoverable by the 
Association in an action in debt.
Industry operated recycling funds
6(1)  The Association shall establish a separate industry operated 
recycling fund for each designated material, which shall be used to 
provide or pay for any or all of the following in respect of the specific 
designated material:
	(a)	establishing and administering waste minimization and 
recycling programs;
	(b)	education programs for the purpose of waste minimization 
and recycling;
	(c)	expenditures incurred in the collection, transportation, 
storage, processing and disposal of the designated material;
	(d)	research and development activities related to recycling or 
management of the designated materials;
	(e)	promotion and development for marketing the products of 
recycling;
	(f)	education programs related to, or expenditures incurred in the 
collection, transportation, storage, processing and disposal of, 
or the promotion and marketing of any activity undertaken by 
the Association in relation to, the designated material.
(2)  The Association shall administer the funds in accordance with this 
Regulation and the Bylaws and the objects and bylaws of the 
Association under the Societies Act.
(3)  The following shall be deposited into the appropriate fund:
	(a)	advance disposal surcharges remitted to the Association;
	(b)	gifts, donations, grants and bequests to the fund.
(4)  Investment income earned on deposits of a fund accrues to and 
forms part of the fund.
(5)  Salaries, fees, costs, expenses and liabilities incurred in the 
management of a designated material under this Regulation shall be 
paid out of the relevant fund.
(6)  The Tire Recycling and Management Fund established under the 
Tire Recycling and Management Regulation (AR 206/96) is continued 
as a fund under this section for the purpose of tires under the Tire 
Designation Regulation.
Security
7   The Association may require a supplier
	(a)	to provide security to the Association, or
	(b)	to provide to the Association evidence of security
in a form and amount that are acceptable to the Association for the 
purpose of ensuring that the supplier exercises his or her powers and 
carries out his or her duties as a supplier in accordance with the Act, 
this Regulation, the relevant material designation regulation and the 
Bylaws.
Cancellation and suspension of registration
8(1)  The Association may cancel or suspend the registration of a 
supplier if the supplier contravenes the Act, this Regulation, the 
relevant material designation regulation or the Bylaws.
(2)  The Association may cancel the registration of a supplier
	(a)	who ceases to supply a designated material in Alberta, or
	(b)	if the supplier applies to surrender his or her registration.
Registration
9   No person shall supply a designated material in Alberta unless the 
person is registered in accordance with the Bylaws and the registration 
is not under suspension.
Dispute resolution
10   The Association may establish a dispute resolution process for 
any aspect of its business.
Reporting
11   Subject to the Bylaws, any person who
	(a)	provides a designated material to a depot, processor or 
recycler,
	(b)	transports a designated material within Alberta, or
	(c)	transports a designated material into Alberta
shall provide reports required by the Association.
Bylaws
12   The Association may make Bylaws
	(a)	identifying and classifying designated materials for the 
purposes of this Regulation or the Bylaws;
	(b)	defining "supplier" for the purposes of this Regulation;
	(c)	respecting agreements between the Association and any 
person and concerning any aspect of the collection, disposal, 
processing, waste minimization or recycling of designated 
material;
	(d)	respecting the collection and remittance of advance disposal 
surcharges;
	(e)	respecting the registration of suppliers, including prescribing 
registration fees;
	(f)	subject to any material designation regulation, prescribing the 
advance disposal surcharges that are to be collected and 
remitted;
	(g)	exempting supply transactions from the application of this 
Regulation or the Bylaws;
	(h)	respecting the form and manner in which and the times at 
which an accounting must be made and advance disposal 
surcharges must be remitted to the Association;
	(i)	respecting the payment of interest on advance disposal 
surcharges that are not remitted as required;
	(j)	providing for the assessment by the Association of the 
amount of advance disposal surcharges owing to the 
Association where a return has not been made by a supplier, 
where a return has been made but is incorrect or misleading 
or where surcharges that should have been remitted were not 
remitted;
	(k)	respecting the form and amount of security to be given by a 
supplier;
	(l)	respecting the manner in which and the conditions under 
which any security given by a supplier may be forfeited or 
returned, in whole or in part;
	(m)	respecting the form and manner of providing reports required 
by this Regulation and the Bylaws and the times at which 
they must be provided;
	(n)	respecting the records that suppliers must keep in respect of 
supply transactions in designated materials and the making of 
those records available for inspection by the Association and 
representatives of the Department of Environment;
	(o)	respecting the collection and recovery of designated 
materials;
	(p)	respecting the establishment, operation, transfer and 
winding-up of a fund.
Notice to Minister
13   Where the Association proposes to change its Bylaws or its 
objects or bylaws under the Societies Act, it shall give reasonable prior 
notice of the nature of the proposed change to the Minister.
Offence
14   A person who contravenes section 3(3), 9 or 11 is guilty of an 
offence and liable to a fine of not more than
	(a)	$50 000 in the case of an individual, or
	(b)	$500 000 in the case of a corporation.
Freedom of information and protection of privacy
15(1)  The Association shall comply with the Freedom of Information 
and Protection of Privacy Act in the course of carrying out its powers, 
duties and functions under this Regulation.
(2)  The Association shall designate a person to be responsible for 
matters under the Freedom of Information and Protection of Privacy 
Act.
(3)  If a request for access to information under the Freedom of 
Information and Protection of Privacy Act is made, the Association 
shall
	(a)	in the case of a request made directly to the Association, 
immediately direct the request to the Department's Freedom 
of Information and Protection of Privacy Co-ordinator, and
	(b)	in every case, comply with such directions regarding the 
request as may be provided by the Co-ordinator.
(4)  All records in the custody or under the control of the Association 
that are required in the carrying out of its powers, duties or functions 
under this Regulation are subject to the Records Management 
Regulation (AR 224/2001).
(5)  All information and records, created or maintained in the course of 
carrying out the powers, duties and functions under this Regulation 
become and remain the property of the Crown in right of Alberta.
(6)  The Association shall designate a person to be responsible for 
records management matters.
Annual report
16(1)  The Association shall
	(a)	not less than 30 days before the start of its fiscal year provide 
to the Minister a business plan for the Association that 
indicates its goals for the coming fiscal year, and
	(b)	not more than 6 months after the end of its fiscal year provide 
to the Minister an annual report summarizing the activities of 
the Association and containing the audited financial 
statements of the Association for the fiscal year.
(2)  The financial statements or a note or schedule to the financial 
statement must include the remuneration and benefits that were paid to
	(a)	members of the board of directors of the Association, and
	(b)	management personnel who report directly to one or more of 
the members of the board of directors during the fiscal year.
(3)  The remuneration and benefits must be reported
	(a)	on an individual basis by name in the case of the persons 
referred to in subsection (2)(a), and
	(b)	on an aggregate basis in the case of the persons referred to in 
subsection (2)(b).
(4)  The Minister is authorized to disclose personal information 
reported under this section, and this subsection constitutes an 
authorization for the purposes of section 40(1)(f) of the Freedom of 
Information and Protection of Privacy Act.
Repeal
17   The Tire Recycling and Management Regulation (AR 206/96) is 
repealed.
Expiry
18   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, 2014.
Coming into force
19   This Regulation comes into force on June 1, 2004.


--------------------------------
Alberta Regulation 94/2004
Environmental Protection and Enhancement Act
ELECTRONICS DESIGNATION REGULATION
Filed: May 12, 2004
Made by the Lieutenant Governor in Council (O.C. 213/2004) on May 12, 2004 
pursuant to section 175 of the Environmental Protection and Enhancement Act. 
Table of Contents
	1	Definitions
	2	Electronics as designated material
	3	Maximum advance disposal surcharge
	4	Lloydminster exemption
	5	Expiry
	6	Coming into force
Definitions
1   In this Regulation,
	(a)	"Act" means the Environmental Protection and Enhancement 
Act;
	(b)	"Association" means the Association referred to in section 2 
of the Designated Material Recycling and Management 
Regulation;
	(c)	"Bylaw" means a Bylaw of the Association made under 
section 12 of the Designated Material Recycling and 
Management Regulation;
	(d)	"electronics" means all electrical and electronic equipment or 
devices, whether intended for consumer, industrial or 
commercial use, and includes, without limitation,
	(i)	televisions,
	(ii)	computers, laptops and notebooks, including CPUs, 
keyboards, mouse, cables and other components in the 
computer,
	(iii)	computer monitors,
	(iv)	computer printers, including printers that have scanning 
or fax capabilities, or both,
	(v)	scanners,
	(vi)	audio and video playback and recording systems,
	(vii)	telephones and fax machines,
	(viii)	cell phones and other wireless devices, and
	(ix)	electronic game equipment,
		but does not include electronics contained within and affixed 
to a motor vehicle;
	(e)	"Minister" means the Minister responsible for the Act;
	(f)	"supply" means supply as defined in the Designated Material 
Recycling and Management Regulation.
Electronics as designated material
2   Electronics are a designated material for the purposes of Part 9, 
Division 1 of the Act and the Designated Material Recycling and 
Management Regulation.
Maximum advance disposal surcharge
3   For the purposes of the Designated Material Recycling and 
Management Regulation, the maximum advance disposal surcharge 
that may be prescribed for the following electronics is as follows:
televisions
		18" screen and smaller	$15
		19" to 29" screen	$25
		30" to 45" screen	$30
		46" screen and larger	$45
desktop computers (including CPU, mouse, keyboard, 
   cables and other components in the computer)	$10
computer monitors	$12
laptops and notebooks (including CPU, mouse, 
   keyboard, cables and other components in the 
   laptop or notebook)	$5
printers (including printers that have scanning or 
   fax capabilities, or both)	$8
Lloydminster exemption
4   This Regulation does not apply with respect to the supply of 
electronics in the City of Lloydminster.
Expiry
5   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, 2014.
Coming into force
6   This Regulation comes into force on October 1, 2004.


--------------------------------
Alberta Regulation 95/2004
Environmental Protection and Enhancement Act
TIRE DESIGNATION REGULATION
Filed: May 12, 2004
Made by the Lieutenant Governor in Council (O.C. 214/2004) on May 12, 2004 
pursuant to section 175 of the Environmental Protection and Enhancement Act. 
Table of Contents
	1	Definitions
	2	Tires as designated material
	3	Advance disposal surcharge
	4	Lloydminster exemption
	5	Expiry
	6	Coming into force
Definitions
1   In this Regulation,
	(a)	"Act" means the Environmental Protection and Enhancement 
Act;
	(b)	"Association" means the Association referred to in section 2 
of the Designated Material Recycling and Management 
Regulation;
	(c)	"Bylaw" means a Bylaw of the Association made under 
section 12 of the Designated Material Recycling and 
Management Regulation;
	(d)	"Minister" means the Minister responsible for the Act;
	(e)	"supply" means supply as defined in the Designated Material 
Recycling and Management Regulation;
	(f)	"tires" means tires manufactured for the purpose of being 
used on the wheels of motor vehicles, trailers, tractors, 
implements of husbandry, off-highway vehicles, equipment 
or machinery.
Tires as designated material
2   Tires are a designated material for the purposes of Part 9, Division 
1 of the Act and the Designated Material Recycling and Management 
Regulation.
Advance disposal surcharge
3   The maximum advance disposal surcharge that may be prescribed 
for tires under the Designated Material Recycling and Management 
Regulation is $4.
Lloydminster exemption
4   This Regulation does not apply with respect to the supply of tires in 
the City of Lloydminister.
Expiry
5   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, 2014.
Coming into force
6   This Regulation comes into force on June 1, 2004.



Alberta Regulation 96/2004
First Nations Sacred Ceremonial Objects Repatriation Act
BLACKFOOT FIRST NATIONS SACRED CEREMONIAL OBJECTS 
REPATRIATION REGULATION
Filed: May 12, 2004
Made by the Lieutenant Governor in Council (O.C. 215/2004) on May 12, 2004 
pursuant to section 5 of the First Nations Sacred Ceremonial Objects Repatriation 
Act. 
Table of Contents
	1	Definitions
Part 1 
Consultation
	2	Consultation
Part 2 
Application For Repatriation
	3	Representative of First Nation
	4	Application for repatriation
	5	Publication of application
	6	Second or subsequent application
	7	Right to provide input
	8	Decision by Minister
	9	Liability for costs
	10	Expiry 
 
Schedule
Definitions
1   In this Regulation,
	(a)	"Act" means the First Nations Sacred Ceremonial Objects 
Repatriation Act;
	(b)	"First Nation" means any of the following:
	(i)	the Blood Tribe;
	(ii)	the Siksika Nation;
	(iii)	the Piikani Nation;
	(c)	"Minister" means the Minister or a person designated by the 
Minister to act on the Minister's behalf.
Part 1 
Consultation
Consultation
2(1)  Discussions and meetings must be held between the Minister and 
First Nations with respect to the process to be followed for the 
repatriation of a sacred ceremonial object under Part 2.
(2)   Consultations under subsection (1) are deemed to have been 
completed on the coming into force of this Regulation.
Part 2 
Application for Repatriation
Representative of First Nation
3(1)  In all matters relating to the repatriation of a sacred ceremonial 
object to a First Nation, a society incorporated under the Societies Act 
must act as the representative of the First Nation.
(2)  The elected Chief and council of each First Nation must provide to 
the Minister through a band council resolution the name of the society 
that will act as its representative.
Application for repatriation
4(1)  An application under section 2(1) of the Act for the repatriation 
of a sacred ceremonial object must be made by a society referred to in 
section 3 of this Regulation.
(2)  A society may make an application for the repatriation of a sacred 
ceremonial object only if the society has received a request from an 
individual who has agreed to put that sacred ceremonial object back 
into use as a sacred ceremonial object.
(3)  The application referred to in subsection (1) must be submitted to 
the Minister in the form and manner determined by the Minister, and 
must
	(a)	identify each sacred ceremonial object that is the subject of 
the application,
	(b)	indicate that the society representing the First Nation agrees 
to receive each sacred ceremonial object repatriated pursuant 
to the application,
	(c)	for each sacred ceremonial object that is the subject of the 
application, provide the name of the individual who made the 
request referred to in subsection (2),
	(d)	for each sacred ceremonial object that is the subject of the 
application, include a statement by the individual who made 
the request referred to in subsection (2) that the individual 
agrees to put the sacred ceremonial object back into use as a 
sacred ceremonial object,
	(e)	establish that each sacred ceremonial object identified in the 
application
	(i)	was used by the First Nation in the practice of sacred 
ceremonial traditions, and
	(ii)	is vital to its practice of sacred ceremonial traditions,
		and
	(f)	indicate whether each sacred ceremonial object identified in 
the application is in the possession and care of
	(i)	the Provincial Museum of Alberta,
	(ii)	the Glenbow-Alberta Institute,
	(iii)	the First Nation, or
	(iv)	the Crown at a location other than the locations 
described in subclauses (i) and (ii).
Publication of application
5   The Minister must ensure that a notice indicating that the Minister 
has received an application under section 2(1) of the Act
	(a)	is published
	(i)	in The Alberta Gazette, and
	(ii)	in any other publication or location that the Minister 
considers appropriate,
		and
	(b)	is given to each First Nation.
Second or subsequent application
6(1)  A First Nation that wishes to apply under section 2(1) of the Act 
for the repatriation of a sacred ceremonial object that is already the 
subject of such an application must make the application not later than 
30 days after the notice referred to in section 5 is published in The 
Alberta Gazette.
(2)  Sections 4 and 5 apply to an application made under this section.
Right to provide input
7(1)  Any person may make representations to the Minister relating to 
an application for the repatriation of a sacred ceremonial object.
(2)  Unless subsection (3) applies, all representations relating to the 
application must be made within 30 days after the notice referred to in 
section 5 is published in The Alberta Gazette.
(3)  Where the Minister receives a second or subsequent application 
under section 6 within the 30-day period described in that section, all 
representations relating to the second or subsequent application must 
be made within 30 days after notice of the second or subsequent 
application is published in The Alberta Gazette.
Decision by Minister
8(1)  Where the Minister has received only one application for the 
repatriation of a sacred ceremonial object, the Minister must agree to 
the repatriation of the sacred ceremonial object
	(a)	if the application meets the requirements of this Regulation, 
and
	(b)	if, in the Minister's opinion, repatriation of the sacred 
ceremonial object is appropriate.
(2)  Where the Minister has received more than one application for the 
repatriation of a sacred ceremonial object, the Minister
	(a)	may decide which applicant the sacred ceremonial object is 
to be repatriated to, or
	(b)	may decide not to agree to the repatriation of the sacred 
ceremonial object if, in the Minister's opinion, repatriation is 
not appropriate.
(3)  Where the Minister agrees to the repatriation of a sacred 
ceremonial object,
	(a)	the Minister must complete and sign the transfer form set out 
in the Schedule, and
	(b)	the society representing the First Nation must complete and 
sign the acceptance form set out in the Schedule.
(4)  The Minister and the society representing the First Nation may 
make all necessary arrangements for the physical transfer of the sacred 
ceremonial object to the society representing the First Nation.
Liability for costs
9   The Government of Alberta is not liable for any cost relating to the 
repatriation of a sacred ceremonial object incurred by
	(a)	a First Nation,
	(b)	a society representing a First Nation, or
	(c)	any other person having an interest in a sacred ceremonial 
object.
Expiry
10   For the purpose of ensuring that this Regulation is reviewed for 
ongoing relevancy and necessity, with the option that it may be 
repassed in its present or an amended form following a review, this 
Regulation expires on June 30, 2014.
Schedule 
 
Transfer and Acceptance of a  
Sacred Ceremonial Object 
 
Transfer of Title
Pursuant to the First Nations Sacred Ceremonial Objects Repatriation 
Act and the regulation made under that Act, Her Majesty the Queen in 
right of Alberta as represented by the Minister of Community 
Development (the "Crown") hereby transfers all its title to
                                (sacred ceremonial object)	,
the title to which is vested in the Crown and that is in the possession 
and care of the Provincial Museum of Alberta or the Glenbow-Alberta 
Institute or on loan from one of those institutions or is otherwise in the 
possession and care of the Crown, to
                        (Society representing First Nation)	 
                                                                                                                
as the representative of the 	 First Nation.
The Crown relinquishes all its rights and claims to the sacred 
ceremonial object.
Dated the                        day of                                             , 20	 . 
                                                                                                                
(Signature on behalf of the Crown)                         (Witness)	
Acceptance
The society representing the First Nation
	(a)	accepts the transfer of the Crown's title to the sacred 
ceremonial object on behalf of the First Nation, and
	(b)	agrees to ensure that the object is used by the First Nation in 
a manner that is consistent with it being a sacred ceremonial 
object.
Dated the                           day of                                            , 20	 . 
                                                                                                                
(Signature on behalf of society that 
 is the First Nation's representative)                       (Witness)	


--------------------------------
Alberta Regulation 97/2004
Provincial Offences Procedure Act
PROCEDURES AMENDMENT REGULATION
Filed: May 12, 2004
Made by the Lieutenant Governor in Council (O.C. 216/2004) on May 12, 2004 
pursuant to section 42 of the Provincial Offences Procedure Act. 
1   The Procedures Regulation (AR 233/89) is amended by 
this Regulation.

2   Schedule 2 is amended in Part 20 by adding the 
following after item number 30:
30.1	41.1(4)	100

3   This Regulation comes into force on May 19, 2004.



Alberta Regulation 98/2004
Public Trustee Act
PUBLIC TRUSTEE COMMON FUND INTEREST RATE REGULATION
Filed: May 14, 2004
Made by the Public Trustee on May 10, 2004 pursuant to section 27(1) of the Public 
Trustee Act. 
1   On and after July 1, 2004 the interest payable in respect of estates, 
the money of which forms the Common Fund, shall
	(a)	be at the rate of 5.5% per annum calculated on the minimum 
monthly balance held in each estate account, and
	(b)	be credited to individual estate accounts on the last day of 
each month.

2   The Public Trustee Common Fund Interest Regulation 
(AR 388/2003) is repealed.

3   This Regulation comes into force on July 1, 2004.

THE ALBERTA GAZETTE, PART II, MAY 31, 2004


AR 89/2004	LAW OF PROPERTY
- 375 -
THE ALBERTA GAZETTE, PART II, MAY 31, 2004


- 374 -
THE ALBERTA GAZETTE, PART II, MAY 31, 2004


- 375 -
THE ALBERTA GAZETTE, PART II, MAY 31, 2004


AR 87/2004	APPRENTICESHIP AND INDUSTRY TRAINING
- 376 -
THE ALBERTA GAZETTE, PART II, MAY 31, 2004


- 377 -
THE ALBERTA GAZETTE, PART II, MAY 31, 2004


AR 88/2004	AGRICULTURAL OPERATION PRACTICES
- 378 -
THE ALBERTA GAZETTE, PART II, MAY 31, 2004


AR 89/2004	LAW OF PROPERTY
- 379 -
THE ALBERTA GAZETTE, PART II, MAY 31, 2004


AR 90/2004	AGRICULTURAL OPERATION PRACTICES
- 384 -
THE ALBERTA GAZETTE, PART II, MAY 31, 2004


AR 91/2004	MARKETING OF AGRICULTURAL PRODUCTS
- 422 -
THE ALBERTA GAZETTE, PART II, MAY 31, 2004


AR 93/2004	ENVIRONMENTAL PROTECTION AND ENHANCEMENT	
THE ALBERTA GAZETTE, PART II, MAY 31, 2004


AR 94/2004	ENVIRONMENTAL PROTECTION AND ENHANCEMENT
THE ALBERTA GAZETTE, PART II, MAY 31, 2004


AR 95/2004	ENVIRONMENTAL PROTECTION AND ENHANCEMENT
THE ALBERTA GAZETTE, PART II, MAY 31, 2004


AR 96/2004	FIRST NATIONS SACRED CEREMONIAL 
	OBJECTS REPATRIATION