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Alberta Regulation 125/2004
Safety Codes Act
PASSENGER ROPEWAYS STANDARDS 
AMENDMENT REGULATION
Filed: June 22, 2004
Made by the Lieutenant Governor in Council (O.C. 250/2004) on June 21, 2004 
pursuant to section 65 of the Safety Codes Act. 
1   The Passenger Ropeways Standards Regulation 
(AR 3/2002) is amended by this Regulation.

2   Section 1 is amended by renumbering it as section 1(1) 
and by adding the following after subsection (1):
(2)  Appendices A, C, D, E, F, G, H, J and K to CSA Standard 
Z98-01, Passenger Ropeways, are varied by striking out, in each 
appendix, the note immediately following the title of the appendix.



3   The following is added after section 1:
Declaration of standard in force
1.1   The CSA Standard Z98S1-02, Passenger Ropeways and 
Conveyors, is declared in force
	(a)	in respect of passenger ropeways other than conveyors, 
and
	(b)	on and after September 1, 2004 in respect of conveyors.

4   Section 2 is amended by striking out "Standard referred to in 
section 1," and substituting "Standards referred to in this 
Regulation,".

5   The following is added after section 3:
Expiry
3.1   For the purpose of ensuring that this Regulation is reviewed 
for ongoing relevancy and necessity, with the option that it may be 
repassed in its present or an amended form following a review, this 
Regulation expires on February 28, 2011.



Alberta Regulation 126/2004
Income and Employment Supports Act
INCOME SUPPORTS, HEALTH AND TRAINING BENEFITS 
AMENDMENT REGULATION
Filed: June 22, 2004
Made by the Lieutenant Governor in Council (O.C. 252/2004) on June 21, 2004 
pursuant to section 18 of the Income and Employment Supports Act. 
1   The Income Supports, Health and Training Benefits 
Regulation (AR 60/2004) is amended by this Regulation.

2   Section 13 is amended
	(a)	in subsection (1)(a) by striking out "or" at the end of 
subclause (i), adding "or" at the end of subclause 
(ii) and adding the following after subclause (ii):
	(iii)	the member is a parent and is residing with the 
member's parent or parents,
	(b)	in subsection (2) by striking out "Subsection (1)(a)(i) is 
repealed" and substituting "Subsection (1)(a)(i) and (iii) 
are repealed".



3   Section 23(2)(b) is repealed and the following is 
substituted:
	(b)	is a member of a household unit where either the combined 
current income less the cost of ongoing health needs of the 
household unit or the combined prescribed income of the 
adults in the household unit is equal to or less than the 
following income levels:
			Household unit with one child	$24 397
			Household unit with 2 children	$26 397
			Household unit with 3 children	$28 397
			Plus $2000 for each additional child

4   Section 25(a) is repealed and the following is 
substituted:
	(a)	the combined prescribed income of the person and his or her 
cohabiting partner is equal to or less than the following 
income levels:
	(i)	for persons who were in receipt of health benefits under 
section 22(3) or (4):
		Single adult	$13 175
		Couple with no children	$18 445
		Household unit with one child	$24 397
		Household unit with 2 children	$26 397
		Household unit with 3 children	$28 397
		Plus $2000 for each additional child
	(ii)	for persons who were in receipt of health benefits under 
section 22(5) or (6):
		Single adult	$17 256
		Couple with no children	$24 324
		Household unit with one child	$28 324
		Household unit with 2 children	$28 324
		Household unit with 3 children	$28 397
		Plus $2000 for each additional child


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Alberta Regulation 127/2004
Justice of the Peace Act
JUSTICE OF THE PEACE AMENDMENT REGULATION
Filed: June 22, 2004
Made by the Lieutenant Governor in Council (O.C. 256/2004) on June 21, 2004 
pursuant to section 15 of the Justice of the Peace Act. 
1   The Justice of the Peace Regulation (AR 6/99) is 
amended by this Regulation.

2   Section 3(1) is amended by adding the following after 
clause (ii):
	(jj)	a provision of the Insurance Act for which a specified penalty 
is set out in Schedule 2, Part 7.2 of the Procedures 
Regulation (AR 233/89).



Alberta Regulation 128/2004
Insurance Act
INSURANCE AGENTS AND ADJUSTERS AMENDMENT REGULATION
Filed: June 22, 2004
Made by the Lieutenant Governor in Council (O.C. 268/2004) on June 21, 2004 
pursuant to section 498 of the Insurance Act. 
1   The Insurance Agents and Adjusters Regulation 
(AR 122/2001) is amended by this Regulation.

2   Section 22 is amended
	(a)	in subsection (3)(a) by striking out "Settlements) or 
C-17 (Claims 1)," and substituting "Settlements), C-17 
(Claims 1) or C-110 (Essentials of Loss Adjusting),";
	(b)	by repealing subsection (5)(b)(ii) and substituting 
the following:
	(ii)	one of the following courses of the Insurance Institute 
of Canada:
	(A)	the C-46 (Claims 2);
	(B)	 C-41 (Property Loss Adjustment);
	(C)	C-111 (Advanced Loss Adjusting).


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Alberta Regulation 129/2004
Public Sector Pension Plans Act
MANAGEMENT EMPLOYEES PENSION PLAN (OPTIONAL PENSION 
FORMS) AMENDMENT REGULATION
Filed: June 22, 2004
Made by the Lieutenant Governor in Council (O.C. 274/2004) on June 21, 2004 
pursuant to Schedule 5, section  4 of the Public Sector Pension Plans Act. 
1   The Management Employees Pension Plan (AR 367/93) is 
amended by this Regulation.

2   Section 29(1)(c) is amended by striking out "36(2)" and 
substituting "36(2)(a) or (b), depending on which of those clauses 
applies to him".

3   Section 36 is amended by repealing subsections (2) and 
(5) and substituting the following:
(2)  A pension under subsection (1) is payable
	(a)	if the pensioner did not have a pension partner at pension 
commencement or if he did but a valid statutory declaration 
under section 37(3) was filed in respect of his pension, for 
the life of the pensioner, or
	(b)	if the pensioner did have a pension partner at pension 
commencement and such a declaration was not filed in 
respect of his pension, in the form of a single life pension, 
payable only for the life of the pensioner with the provision 
that, if the pensioner dies survived by that person, the 
pension is payable to that person for life in an amount equal 
to 3/4 of the pension that would have been payable to the 
pensioner had he continued to live.

4   Section 37 is amended
	(a)	in subsection (1) by striking out "of a normal pension" 
and substituting "specified in section 36(2)(b)";
	(b)	in subsection (2) by striking out "38(1)(d)(i)" and 
substituting "38(1)(d) or (f)";
	(c)	in subsection (5) by striking out "of a normal pension" 
and substituting "specified in section 36(2)(b)".

5   Section 38 is amended
	(a)	in subsection (1)
	(i)	by striking out "36(2)" and substituting 
"36(2)(a)";
	(ii)	by repealing clause (d) and substituting the 
following:
	(d)	a joint life pension, payable during the joint lives 
of the pensioner and a nominee designated by the 
pensioner and which, after the death of either, 
continues to be payable in the same amount as was 
payable before the death, to the survivor for life 
and that is payable, in the event that the survivor 
dies within 10 years of pension commencement, 
for the remainder of the guaranteed term of 10 
years from pension commencement;
	(e)	a joint life pension, payable during the joint lives 
of the pensioner and a nominee designated by the 
pensioner and which, after the death of either, 
continues to be payable in the amount of 2/3 of the 
amount payable before the death, to the survivor 
for life but that is payable, in the event that either 
or both die within 10 years of pension 
commencement, for the remainder of the 
guaranteed term of 10 years from pension 
commencement in the amount that was payable 
immediately before the first death;
	(f)	a single life pension, payable only for the life of 
the pensioner with the provision that, if the 
pensioner dies survived by a nominee designated 
by the pensioner, the pension is payable to that 
nominee for life in an amount equal to 3/4 of the 
pension that would have been payable to the 
pensioner had he continued to live, but that is 
payable, in the event that the pensioner dies within 
10 years of pension commencement, for the 
remainder of the guaranteed term of 10 years from 
pension commencement in the amount that was 
payable to the pensioner immediately before the 
death of the pensioner.
	(b)	in subsection (2) by striking out "in the form of a 
normal pension" and substituting "payable in the form 
specified in section 36(2)(a)";
	(c)	in subsection (3) by striking out "(1)(d)" and 
substituting "(1)(d), (e) or (f)".

6   Section 45(a) is amended by striking out "normal pension" 
and substituting "pension in the form specified in section 36(2)(b)".

7   Section 48 is amended
	(a)	in subsection (2) by striking out "38(1)(d)(i)" 
wherever it occurs and substituting "38(1)(d) or (f)";
	(b)	in subsection (5) by striking out "(1) or".

8   Section 49(1) is repealed and the following is 
substituted:
Alternative forms of pension
49(1)  A person who is entitled to receive a pension in the form 
specified in section 47(2)(a) is entitled, as an alterative, to select 
any other form of pension from any of those provided for in section 
38(1), (treating the reference in section 38(1)(f) to "3/4" as a 
reference to "2/3").

9   Section 59(a)(i) is amended by striking out "38(1)(d)(i)" 
and substituting "38(1)(d)".

10   Section 64(a)(i) is amended by striking out "49(1)(a), 
specified in section 38(1)(d)(i)" and substituting "49(1), specified 
in section 38(1)(d)".

11   This Regulation applies only to pensions where 
pension commencement occurs after 2004.


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Alberta Regulation 130/2004
Mines and Minerals Act
PETROLEUM AND NATURAL GAS TENURE AMENDMENT REGULATION
Filed: June 22, 2004
Made by the Lieutenant Governor in Council (O.C. 282/2004) on June 21, 2004 
pursuant to sections 5 and 83 of the Mines and Minerals Act. 
1   The Petroleum and Natural Gas Tenure Regulation 
(AR 263/97) is amended by this Regulation.

2   Section 36 is amended by striking out "June 30, 2004" and 
substituting "December 31, 2004".





Alberta Regulation 131/2004
Environmental Protection and Enhancement Act
CONSERVATION AND RECLAMATION AMENDMENT REGULATION
Filed: June 22, 2004
Made by the Lieutenant Governor in Council (O.C. 290/2004) on June 21, 2004 
pursuant to sections 38 and 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(b.1) is repealed and the following is 
substituted:
	(b.1)	"borrow excavation" means an excavation in the surface 
made solely for the purpose of removing borrow material for
	(i)	the construction of the sub-base for a specific roadway 
project, or
	(ii)	the construction of a dam, canal, dike, structure or 
erosion protection works associated with a provincial 
water management infrastructure project
		and includes any associated infrastructure connected with the 
borrow excavation;

3   The following is added after section 3:
Codes of practice
3.1(1)  The following codes of practice are adopted pursuant to 
section 38 of the Act and form part of this Regulation:
	(a)	the Code of Practice for Exploration Operations, 
published by the Department, as amended or replaced 
from time to time;
	(b)	the Code of Practice for Pits, published by the 
Department, as amended or replaced from time to time.
(2)  A registration holder who carries on an activity referred to in 
Column A of the Schedule shall comply with the corresponding 
Code of Practice in Column B of the Schedule in the carrying on of 
that activity.

4   Section 17 is amended
	(a)	in subsection (1) by adding the following after 
clause (a):
	(a.1)	in a case where the activity is governed by a code of 
practice, the security must be provided as required in 
the code of practice;
	(b)	by adding the following after subsection (1):
(1.1)  Where an activity that is carried on or is to be carried on 
by an operator is governed by a code of practice but is not an 
activity in respect of which security must be provided by reason 
of subsection (1)(a.1), the Minister may nevertheless by order 
designate that activity as one in respect of which security must 
be provided.
	(c)	in subsection (2) by adding "or is not governed by a 
code of practice" after "required".

5   The following is added after section 26: 

Schedule 

COLUMN A
COLUMN B
The conduct or reclamation of an 
exploration operation.
Code of Practice for 
Exploration Operations
The construction, operation or 
reclamation of a pit that is listed in 
Schedule 2, Division 3 of the 
Activities Designation Regulation.
Code of Practice for Pits

6   This Regulation comes into force on November 1, 2004.



Alberta Regulation 132/2004
Environmental Protection and Enhancement Act
OZONE-DEPLETING SUBSTANCES AND HALOCARBONS 
AMENDMENT REGULATION
Filed: June 22, 2004
Made by the Lieutenant Governor in Council (O.C. 291/2004) on June 21, 2004 
pursuant to section 86 of the Environmental Protection and Enhancement Act. 
1   The Ozone-depleting Substances and Halocarbons 
Regulation (AR 181/2000) is amended by this Regulation.

2   Section 1 is amended
	(a)	by adding the following after clause (a):
	(a.1)	"chiller" means an air conditioning system or 
refrigeration system that has a compressor, an 
evaporator and a secondary refrigerant;


	(a.2)	"critical use application" means a situation where a 
technically and financially feasible alternative does not 
exist;
	(b)	in clause (b) by striking out "by Ministerial order";
	(c)	by adding the following after clause (c):
	(c.1)	"mobile refrigeration system" means a refrigeration 
system that is installed in or normally operates in or in 
conjunction with or is attached to a means of 
transportation;
	(d)	by adding the following after clause (e):
	(e.1)	"small refrigeration system" means any refrigeration 
system other than a mobile refrigeration system that is 
not contained in a motor vehicle and that has a rated 
refrigeration capacity of less than 19 kilowatts;

3   Section 2 is repealed and the following is substituted:
General prohibition
2(1)  Unless subsection (3) or (4) is not contravened or unless 
permitted by any enactment of Alberta or Canada or by approval, 
no person shall release or permit the release of an ozone-depleting 
substance or halocarbon into the environment.
(2)  Subsection (1) does not apply to the release of an ozone-
depleting substance or halocarbon into the environment from any 
thing while it is used
	(a)	in the course of fighting fires;
	(b)	in human or animal health care applications, such as the 
following:
	(i)	bronchial dilators;
	(ii)	inhalable steroids;
	(iii)	topical anaesthetics;
	(iv)	veterinary powder wound sprays;
	(v)	sterilization of medical equipment;
	(c)	in laboratory analytical procedures.
(3)  No person shall charge or permit the charge of an air 
conditioning system, that is designed for passengers in motor 
vehicles, with a chlorofluorocarbon or any mixture containing a 
chlorofluorocarbon listed in items (a) to (e) in Schedule 1.
(4)  No person shall release or permit the release of more than 0.1 
kilogram of an ozone-depleting substance or halocarbon per 
kilogram of air from an air purge system for purging 
non-condensable gases from a low pressure centrifugal chiller on 
or used on a refrigeration system or air conditioning system.
(5)  On and after January 1, 2005, no person shall charge or permit 
the charge of a mobile refrigeration system with a 
chlorofluorocarbon or any mixture containing a chlorofluorocarbon 
listed in items (a) to (e) in Schedule 1.
(6)  On and after January 1, 2005, no person shall charge or permit 
the charge of a refrigeration system with a chlorofluorocarbon or 
any mixture containing a chlorofluorocarbon listed in items (a) to 
(e) in Schedule 1.
(7)  Subsection (6) does not apply to a chiller, a mobile 
refrigeration system or a small refrigeration system.
(8)  On and after January 1, 2005, no person shall charge or permit 
the charge of a chiller with a chlorofluorocarbon or any mixture 
containing a chlorofluorocarbon listed in items (a) to (e) in 
Schedule 1 if that chiller has undergone an overhaul that includes 
the following procedure or repair:
	(a)	the replacement or modification of an internal sealing 
device;
	(b)	the replacement or modification of an internal 
mechanical part other than
	(i)	an oil heater,
	(ii)	an oil pump,
	(iii)	a float assembly, or
	(iv)	a vane assembly, in the case of a chiller with a 
single-stage compressor;
	(c)	any procedure or repair that resulted from the failure of 
an evaporator or a condenser heat-exchanger tube.
(9)  Notwithstanding subsection (8), a person may charge a chiller 
with a chlorofluorocarbon or with a mixture containing a 
chlorofluorocarbon listed in items (a) to (e) in Schedule 1, but that 
person shall not operate that chiller later than one year after the day 
on which it is charged unless it no longer contains a 
chlorofluorocarbon or mixture containing a chlorofluorocarbon 
listed in items (a) to (e) in Schedule 1.
(10)  The owner or person responsible for charging a chiller 
pursuant to subsection (9) shall provide written notice to the 
Director within 30 days after the chiller is charged.
(11)  On and after January 1, 2015, no person shall charge or 
permit the charge of a chiller with a chlorofluorocarbon or any 
mixture containing a chlorofluorocarbon listed in items (a) to (e) in 
Schedule 1.
(12)  On and after January 1, 2005, no person shall charge or 
permit the charge of a portable fire extinguisher with a halon or any 
mixture containing a halon listed in items (f) to (i) in Schedule 1, 
except for critical use applications.
(13)  During the period from January 1, 2005 to December 31, 
2009, no person shall charge or permit the charge of a fixed fire 
extinguishing system with a halon or any mixture containing a 
halon listed in items (f) to (i) in Schedule 1 more than once on that 
system, except for critical use applications.
(14)  On or after January 1, 2010, no person shall charge or permit 
the charge of a fixed fire extinguishing system with a halon or any 
mixture containing a halon listed in items (f) to (i) in Schedule 1, 
except for critical use applications.

4   Section 3 is amended by striking out "On and after January 
1, 2001, no" and substituting "No".

5   Section 4 is amended by repealing subsections (3) and 
(4) and substituting the following:
(3)  Subsection (1)(d) does not apply to the following:
	(a)	the sale or offering for sale of rigid foam insulation, 
other than rigid foam insulation used in white goods 
after July 1, 1994 if it was manufactured before July 1, 
1994;
	(b)	the sale or offering for sale of rigid foam insulation used 
in white goods after January 1, 1996 if it was 
manufactured before January 1, 1996;
	(c)	the sale or offering for sale of flexible furniture foam 
after January 1, 1994 if it was manufactured before 
January 1, 1994.
(4)  Subsection (1)(e) does not apply to the sale or offering for sale 
of any thing referred to in clause (e) after January 1, 1994 that was 
manufactured before January 1, 1994.

6   Section 6 is amended
	(a)	in subsection (2) by striking out "on or after December 
1, 2000";
	(b)	by repealing subsection (6);
	(c)	in subsection (7) by striking out "on and after January 
1, 2002".

7   The following is added after section 9:
Refrigerant and halon take back
9.1(1)  On and after January 1, 2005, where a person purchases an 
ozone-depleting substance or other halocarbon, other than as part 
of or contained in refrigeration or air conditioning equipment, and 
returns the substance or halocarbon to the seller, the seller shall 
accept and store the substance or halocarbon until the seller can 
deliver it to a person to recycle, convert or destroy it.
(2)  A person returning an ozone-depleting substance or other 
halocarbon to the seller shall return it in a container that is designed 
to contain it.

8   Section 10 is repealed and the following is substituted:
Offences
10   Any person who contravenes section 2(1), (3), (4), (5), (6), 
(8), (9), (10), (11), (12), (13) or (14) or section 3, 4(1), 5, 6, 7, 8(2) 
or 9.1 is guilty of an offence and liable,
	(a)	in the case of an individual, to a fine of not more than 
$50 000, or
	(b)	in the case of a corporation, to a fine of not more than 
$500 000.

9   Section 12 is repealed.

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


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Alberta Regulation 133/2004
Government Organization Act
EDMONTON RESTRICTED DEVELOPMENT AREA 
AMENDMENT REGULATION
Filed: June 22, 2004
Made by the Lieutenant Governor in Council (O.C. 264/2004) on June 21, 2004 
pursuant to Schedule 5, section 4 of the Government Organization Act. 
1   The Edmonton Restricted Development Area Regulations 
(AR 287/74) are amended by this Regulation.

2  Item 1 of the Schedule, describing land located in 
Township 53, Range 25, West of the Fourth Meridian, is 
amended by striking out
SECTION 27:	Plan 882 1697 showing survey for descriptive 
purposes of a right-of-way for a Transportation/ 
Utility Corridor; All that portion of Block 6 Plan 179 
H.W. lying south and east of Plan 882 1697; 
EXCEPTING THEREOUT Plan 022 4775.
and substituting
SECTION 27:	Plan 882 1697 showing survey for descriptive 
purposes of a right-of-way for a Transportation/ 
Utility Corridor; All that area south and east of Plan 
882 1697 within Block 6 of Plan 179 H.W.; All that 
area within the northeast quarter of section 27, south 
of Plan 882 1697 and northeast and northwest of 
Road Plan 822 3194; EXCEPTING THEREOUT 
Plan 022 4775.

3  Item 3 of the Schedule, describing land located in 
Township 54, Range 24, West of the Fourth Meridian, is 
amended by striking out
SECTIONS 8	Plans 882 1651 and 022 0615 showing survey for
& 9:	descriptive purposes of a right-of-way for a 
Transportation/Utility Corridor; All that area north 
and west of Plan 882 1651 within the south half of 
section 8; All that area north and east of Plan 
882 1651, and all that area west of lot 4 of Plan 4415 
M.C. within the south half of section 9.
and substituting
SECTIONS 8	Plans 882 1651 and 022 0615 showing survey for
& 9:	descriptive purposes of a right-of-way for a 
Transportation/Utility Corridor; All that area north 
and west of Plan 882 1651 within the south half of 
section 8; All that area north and east of Plan 
882 1651, and all that area west of Lot 4 of Plan 
4415 M.C. within the south half of section 9. All that 
area within the north-south road allowance adjoining 
the southwest quarter of section 8, north of the north 
boundary of Plan 882 1651.

4  Item 5 of the Schedule, describing land located in 
Township 53, Range 23, West of the Fourth Meridian, is 
amended by striking out
SECTIONS 31	Plan 892 0561 and Area D of Plan 022 1099
& 32:	showing survey for descriptive purposes of a 
right-of-way for a Transportation/Utility Corridor; 
Lot 3 of Plan 8188 E.T.; EXCEPTING THEREOUT 
Areas A and B of Plan 022 1099.
and substituting
SECTIONS 31	Plan 892 0561 and Area D of Plan 022 1099
& 32:	showing survey for descriptive purposes of a 
right-of-way for a Transportation/Utility Corridor; 
Lot 3 of Plan 8188 E.T.; All that area of Railway 
Plan 4514 A.Q. comprising right-of-way in east leg 
of Y and inside Y; All that area of the northeast 
quarter of section 31, northeast of Plan 892 0561 and 
southeast of Plan 5815 R.S.; EXCEPTING 
THEREOUT Areas A and B of Plan 022 1099.

5  Item 6 of the Schedule, describing land located in 
Township 52, Range 25, West of the Fourth Meridian, is 
amended by striking out
SECTIONS 3,	Plan 882 2315 showing survey for descriptive
4 & 9:	purposes of a right-of-way for a 
Transportation/Utility Corridor; Plan 022 0486; All 
that area of the northerly two hundred and 
ninety-seven (297) feet throughout within the 
southwest quarter of section 4; EXCEPTING 
THEREOUT Plan 002 4559 and Area B of Plan 
002 4731.
and substituting
SECTIONS 3,	Plan 882 2315 showing survey for descriptive
4 & 9:	purposes of a right-of-way for a 
Transportation/Utility Corridor; Plan 022 0486; All 
that area of the northerly two hundred and 
ninety-seven (297) feet throughout within the 
southwest quarter of section 4; Plan 032 2115; 
EXCEPTING THEREOUT Plan 002 4559, Area B 
of Plan 002 4731 and Areas C, D, E and F of Plan 
032 2116.

6  Item 10 of the Schedule, describing land located in 
Township 51, Range 25, West of the Fourth Meridian, is 
amended by striking out
SECTIONS 27	Plan 882 2850 showing survey for descriptive
& 34:	purposes of a right-of-way for a 
Transportation/Utility Corridor.
and substituting
SECTIONS 27	Plan 882 2850 showing survey for descriptive
& 34:	purposes of a right-of-way for a 
Transportation/Utility Corridor; Plan 002 0924; Area 
B of Plan 032 1131; EXCEPTING THEREOUT 
Area A of Plan 032 1131.


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Alberta Regulation 134/2004
Franchises Act
FRANCHISES ACT EXEMPTION AMENDMENT REGULATION
Filed: June 24, 2004
Made by the Minister of Government Services (M.O. C:010/2004) on June 17, 2004 
pursuant to section 6(1)(c) of the Franchises Act. 
1   The Franchises Act Exemption Regulation (AR 312/2000) 
is amended by this Regulation.

2   The following is added after section 1:
Exemption
1.1(1)  The Collins Barrow National Cooperative Incorporated, 
registered under the Canada Cooperatives Act, is exempt from the 
disclosure requirements of section 4 of the Act.
(2)  Subsection (1) is deemed to have come into force on May 7, 
2003.


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Alberta Regulation 135/2004
Electric Utilities Act
REGULATED DEFAULT SUPPLY AMENDMENT REGULATION
Filed: June 28, 2004
Made by the Minister of Energy (M.O. 29/2004) on June 24, 2004 pursuant to 
sections 108 and 115 of the Electric Utilities Act. 
1   The Regulated Default Supply Regulation (AR 168/2003) 
is amended by this Regulation.

2   Section 9(1) is amended by striking out "July 1, 2004" and 
substituting "April 1, 2005".


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Alberta Regulation 136/2004
Mental Health Act
MENTAL HEALTH ACT FORMS AND REVIEW 
PANELS REGULATION
Filed: June 30, 2004
Made by the Minister of Health and Wellness (M.O. 26/2004) on June 23, 2004 
pursuant to section 53(4) of the Mental Health Act. 
Table of Contents
	1	Interpretation
	2	Admission certificate
	3	Renewal certificate
	4	Order to return patient
	5	Transfer into Alberta
	6	Transfer out of Alberta
	7	Transfer to another facility
	8	Information
	9	Warrant
	10	Extension of warrant
	11	Statement of peace officer
	12	Application re competence
	13	Application re treatment
	14	Application re transfer back to correctional facility
	15	Application re cancellation of certificates
	16	Review panel report
	17	Repeal
	18	Expiry 
 
Schedule
Interpretation
1(1)  In this Regulation, "Act" means the Mental Health Act.
(2)  A reference in this Regulation to a form is to a form in the 
Schedule.
Admission certificate
2   An admission certificate under section 2 of the Act must be in Form 
1.
Renewal certificate
3   A renewal certificate under section 8 of the Act must be in Form 2.
Order to return patient
4   An order under section 20(4) or section 21(1) of the Act to return a 
formal patient to a facility must be in Form 3.
Transfer into Alberta
5   A certificate under section 24(1) of the Act authorizing the 
apprehension and conveyance of a person who comes or is brought 
into Alberta to a facility for examination must be in Form 4.
Transfer out of Alberta
6   A transfer under section 25 of the Act authorizing the transfer of a 
formal patient to a jurisdiction outside Alberta must be in Form 5.
Transfer to another facility
7   A memorandum of transfer under section 22(1) of the Act 
authorizing the transfer of a formal patient to another facility must be 
in Form 6.
Information
8   An information under section 10 of the Act must be in Form 7.
Warrant
9   A warrant under section 10 of the Act directing a peace officer to 
apprehend and convey a person to a facility for examination must be in 
Form 8.
Extension of warrant
10   An order under section 11 of the Act extending the duration of a 
warrant must be in Form 9.
Statement of peace officer
11   The statement under section 12 of the Act of a peace officer who 
conveys a person to a facility must be in Form 10.
Application re competence
12(1)  A certificate under section 27(1) of the Act must be in Part One 
of Form 11.
(2)  A notice of the board under section 27(3) must be in Part Two of 
Form 11.
(3)  A notice of application under section 27(3) of the Act to have a 
physician's opinion reviewed by a review panel must be in Form 12.
(4)  A notice of hearing under section 40(2) of the Act that the chair of 
a review panel must give on receipt of an application under section 27 
of the Act must be in Form 13.
(5)  A report of a decision of a review panel under section 41 of the 
Act relating to an application under section 27 of the Act must be in 
Form 14.
Application re treatment
13(1)  An application under section 29(2) of the Act for an order 
directing that treatment may be administered to a formal patient must 
be in Form 12.
(2)  A notice of hearing under section 40(2) of the Act that the chair of 
a review panel must give on receipt of an application under section 29 
of the Act must be in Form 13.
(3)  A report of the decision of a review panel under section 41 of the 
Act relating to an application under section 29 of the Act must be in 
Form 15.
Application re transfer back to correctional facility
14(1)  An application under section 33 of the Act for an order 
transferring a person back to a correctional facility must be in Form 12.
(2)  A notice of hearing under section 40(1) of the Act that the chair of 
a review panel must give on receipt of an application under section 33 
of the Act must be in Form 13.
(3)  A report of the decision of a review panel under section 41 of the 
Act relating to an application under section 33 of the Act must be in 
Form 16.
Application re cancellation of certificates
15(1)  An application under section 38(1) of the Act for cancellation 
of admission certificates or renewal certificates must be in Form 12.
(2)  A notice of hearing under section 40(1) of the Act that the chair of 
a review panel must give on receipt of an application under section 38 
of the Act must be in Form 13.
(3)  A report of a decision of a review panel under section 41 of the 
Act relating to an application under section 38(1) of the Act must be in 
Form 17.
(4)  A report of a decision of a review panel under section 41 of the 
Act relating to a deemed application under section 39 of the Act must 
be in Form 18.
Review panel report
16   As soon as possible after the end of each year, a review panel 
must prepare and submit to the Minister a report summarizing its 
activities in that year, including the following:
	(a)	the number of hearings requested;
	(b)	the number of hearings cancelled and the reasons why the 
hearings were cancelled;
	(c)	the number of hearings held before the review panel;
	(d)	the number of each type of hearing held before the review 
panel;
	(e)	the place where hearings before the review panel were held;
	(f)	the results of each hearing before the review panel;
	(g)	the total number of days on which hearings before the review 
panel were held;
	(h)	the number of times a second psychiatric opinion was 
requested in hearings held before the review panel.
Repeal
17   The Forms and Review Panels Regulation (AR 338/89) 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 November 30, 2011.
Schedule 
 
Form 1 
 
Admission Certificate 
 
Mental Health Act 
 
Section 2
I, (print name of physician), of    (address)    certify that I personally 
examined (print name of person examined) of (home address) on 
   (date)    at    (time)    at    (place of examination).
In my opinion the person examined is
	(i)	suffering from mental disorder,
	(ii)	in a condition presenting or likely to present a danger to 
himself/herself or others, and
	(iii)	unsuitable for admission to a facility other than as a 
formal patient.
			(Note:  All three criteria above must be met.)
I have formed my opinion
	(i)		on the following facts observed by me:
	(ii)		on the following facts communicated to me by others:
(Note:  (i) and (ii) must be completed.)
?	The person is not in a facility and is to be conveyed for 
examination to (name of facility) at (address of facility).
(Place an X in the box if conveyance is required.)
	(date of issue)                                  	
	(time of issue)                                 	
	(signature of physician)                  	
	(printed name of physician)            	
Form 2 
 
Renewal Certificate 
 
Mental Health Act 
 
Section 8
I, (print name of physician), of)    (address)    certify that I personally 
examined (print name of person examined) on    (date)    at    (time)    
separately from any other physician.
In my opinion the person examined is
	(i)		suffering from mental disorder,
	(ii)		in a condition presenting or likely to present a danger to 
himself/herself or others, and
	(iii)	unsuitable to continue at a facility other than as a formal 
patient.
(Note:  All three criteria above must be met.)
I have formed my opinion
	(i)		on the following facts observed by me:
	(ii)		on the following facts communicated to me by others:
(Note:  (i) and (ii) must be completed.)
The person was examined at 	(name of facility).
	(date of issue)	
	(time of issue)	
	(signature of physician)	
	(printed name of physician)	
Form 3 
 
Order to Return a Formal Patient to a Facility 
 
Mental Health Act 
 
Section 20(4) or 21(1)
To all or any of the peace officers in Alberta:
(name of formal patient), a formal patient, is absent without leave 
pursuant to the Mental Health Act.
You are hereby ordered to return the formal patient to (name and 
address of facility).
Admission certificates (or renewal certificates) expire on  (date) .
Dated this          day of               , 20   .
	(signature of representative of   
	board of facility)                        	
	(printed name of representative)	
Form 4 
 
Certificate of Transfer into Alberta 
 
Mental Health Act 
 
Section 24(1)
I have reasonable and probable grounds to believe that (full name of 
person) may come or be brought into Alberta and is
	(a)	suffering from mental disorder,
	(b)	in a condition presenting or likely to present a danger to 
himself/herself or others, and
	(c)	unsuitable for admission to a facility other than as a formal 
patient.
(Note:  All three criteria above must be met.)
Pursuant to section 24(1) of the Mental Health Act, I authorize a peace 
officer or (name of person authorized) to apprehend and convey (full 
name of person) to a facility for examination.
	(date of issue)                                 	
	(signature of the Minister of Health  
	and Wellness or person designated  
	by the Minister of Health and         
	Wellness)                                       	
	(printed name of Minister of Health  
	and Wellness or designated person)	
Form 5 
 
Transfer of Formal Patient to a  
Jurisdiction Outside Alberta 
 
Mental Health Act 
 
Section 25
It appears to me
?	that (name of formal patient), has come or been brought into 
Alberta and that his/her care and treatment is the responsibility 
of (name of other jurisdiction).
or
?	that it would be in the best interests of (name of formal patient) 
to be cared for in (name of other jurisdiction).
(Choose one and place an X in the appropriate box.)
Therefore, I authorize that (name of formal patient) be transferred to 
(name of other jurisdiction).
	(date of issue)                                  	
	(signature of the Minister of Health  
	and Wellness or person designated  
	by the Minister of Health and          
	Wellness)                                       	
				(printed name of Minister of Health 
	and Wellness or designated person)	
Form 6 
 
Memorandum of Transfer  
to Another Facility 
 
Mental Health Act 
 
Section 22(1)
Arrangements have been made with the board of (name of facility to 
which the patient is to be transferred) to transfer (name of formal 
patient), a formal patient in (name of facility in which patient is 
presently detained) to (name of facility to which the patient is to be 
transferred).
Dated this        day of           , 20   .
	(signature of representative of       
	board of sending facility)             	
	(printed name of representative)   	
Form 7 
 
INFORMATION 
 
Mental Health Act 
 
Section 10
This is the information of (name of informant) of (address of 
informant) who says that he/she has reasonable and probable grounds 
to believe that (name of person) of (address of person) is
	(a)	suffering from mental disorder, and
	(b)	in a condition presenting or likely to present a danger to 
himself/herself or others.
SWORN BEFORE ME at the              of	) 
              , in the Province of Alberta, the	) 
         day of                        ,             	 .) 
	)	 (signature of informant)   
(Provincial Judge for the	) 
Province of Alberta)	)
	(printed name of informant)
Form 8 
 
Warrant 
 
Mental Health Act 
 
Section 10
To all or any peace officers in Alberta:
(name of informant) has brought before me an information on oath that 
(name of person)  of (address of person)
	(a)	is suffering from mental disorder, and 
	(b)	is in a condition presenting or likely to present a danger to 
himself/herself or others.
I am satisfied that (name of person) is in a condition presenting or 
likely to present a danger to himself/herself or others and that an 
examination can be arranged in no way other than by apprehension.
This is to order you to apprehend (name of person) and convey him/her 
to a facility for an examination.
Brief reasons:
Dated this       day of           , 20     at 	
	(signature of Provincial Judge               	
	for the Province of Alberta)                   	
	(printed name of Provincial Judge        
	for the Province of Alberta)                  	
(clerk of the Court)
(date of filing)       
Form 9 
 
Extension of Warrant 
 
Mental Health Act 
 
Section 11
To all or any peace officers in Alberta:
(name of Provincial Judge) issued a warrant dated 	 
to apprehend (name of person).
The warrant has not been executed.
(Name of peace officer), (badge number) of (detachment)
?	has appeared before me to apply for an extension of the 
warrant.
or
?	has applied for an extension of the warrant by telephone or 
other means of telecommunication, and it appears on the oath 
of (name of peace officer) that it is impracticable to appear 
before me personally and that there are reasonable grounds for 
dispensing with an information presented personally and in 
writing.
(Choose one and place an X in the appropriate box.)
This order therefore extends the duration of the warrant for a period of 
7 days from the day on which the warrant expires.
Dated at    (place)    on the       day of 	,  
20    at    (time)   .
	(signature of Provincial Judge for 
	the Province of Alberta)               	
	(printed name of Provincial Judge
	for the Province of Alberta)          	
(clerk of the Court) 
(date of filing)    
Form 10 
 
Statement of Peace Officer  
on Apprehension 
 
Mental Health Act 
 
Section 12
(name of person apprehended if known) was apprehended on    (date)    
at     (time)   .
He/She was apprehended at (describe place and address).
I have reasonable and probable grounds to believe that
	(a)	the person apprehended is suffering from mental disorder,
	(b)	the person apprehended is in a condition presenting a danger 
to himself/herself or others,
	(c)	the person apprehended should be examined in the interests 
of his/her own safety or the safety of others, and
	(d)	the circumstances are such that to proceed under section 10 
of the Mental Health Act would be dangerous.
(Note:  All four criteria above must be met.)
The grounds for my belief are:
Dated this        day of           , 20    .
	(signature of peace officer)      	
	(printed name of peace officer)	
	(badge number)                        	
	(detachment)                            	
Form 11 
 
Certificate of Incompetence to  
Make Treatment Decisions 
 
Mental Health Act 
 
Section 27
Part One
(To be completed by a physician)
I, (name of physician), am of the opinion that (name of formal patient) 
is not mentally competent to make treatment decisions.
The reasons for my opinion are as follows:
Dated this       day of            , 20   .
	(signature of physician)          	
	(printed name of physician)   	
Part Two
(To be completed by the board of a facility)
To:	(name of formal patient) of     (address)	
And:	(name of patient's guardian or agent, if any)    of    (address)   
And:	(name of nearest relative, unless patient objects) of (address)	
Take notice that (name of formal patient) is entitled to have the 
physician's opinion about his/her competence to make treatment 
decisions reviewed by a review panel by sending to the chair of the 
review panel an Application for Review Panel Hearing, in Form 12.
Dated this         day of              , 20    .
	(signature of representative       
	of board of facility)                    	
	(printed name of representative)	
Form 12 
 
Application For Review Panel Hearing 
 
Mental Health Act 
 
Sections 27(3), 29(2), 33 and 38(1)
To:	(print name of chair of the review panel)  
	(address of chair)	
I, (printed name of applicant), of (printed address of applicant) bearing 
a relationship of (self, relative, guardian, agent, physician, other) to 
(name of patient), apply
?	under section 27(3) of the Act for a review of the attached 
Certificate of Incompetence to Make Treatment Decisions 
dated 	 
and signed by 	.
?	under section 29(2) of the Act for an order directing that the 
following treatment (nature of treatment) be administered to 
(name of formal patient).
?	under section 33 of the Act for an order transferring (name of 
patient) back to (name of correctional facility).
?	under section 38(1) of the Act for cancellation of admission 
certificates or renewal certificates issued on (date of issue).
(Choose one and place an X in the appropriate box.)
Dated this        day of              , 20   .
	     (signature of applicant)    	
Notice 
 
Mental Health Act
I (do) (do not) object to my nearest relative being informed of the 
review panel hearings.
	       (signature of patient)       	
	    (printed name of patient)    	
Form 13 
 
Notice of Hearing Before Review Panel 
 
Mental Health Act 
 
Section 40
	Application received 
	by the review panel  
	(date)                       	
Take notice that a hearing will be held
?	under section 27(3) of the Act, for a review of the 
physician's opinion in the attached Certificate of 
Incompetence to Make Treatment Decisions relating to 
       (name of formal patient)        dated              and signed 
by 	.
?	under section 29(2) of the Act, for an order directing that the 
following treatment    (nature of treatment)    may be 
administered to    (name of formal patient)   .
?	under section 33 of the Act, for an order transferring (name 
of patient) back to a correctional facility.
?	under section 38(1) of the Act, for cancellation of admission 
certificates or renewal certificates relating to (name of formal 
patient).
?	under section 39 of the Act, for cancellation of renewal 
certificates relating to (name of formal patient).
(Choose one and place an X in the appropriate box.)
The review panel will hear the application on     (date)    at    (time)    
at    (place)   .
	(date of issue)	
	(signature of chair	
	of review panel)	
	(printed name of chair)	
	(address)	
Form 14 
 
Decision of Review Panel  
Regarding Mental Incompetence  
to Make Treatment Decisions 
 
Mental Health Act 
 
Sections 27(3) and 41
The formal patient (does) (does not) object to the nearest relative, 
(name of nearest relative), receiving notice of the decision.
The review panel has heard and considered the application of (name of 
formal patient) and has decided
?	to cancel the attached Certificate of Incompetence to Make 
Treatment Decisions dated                        and signed by 	.
or
?	to refuse to cancel the Certificate of Incompetence to Make 
Treatment Decisions dated                        and signed by 	.
(Place an X in the appropriate box.)
Date of decision: 	
This decision may be appealed to the Court of Queen's Bench within 
14 days after receipt of this decision.
	(signature of chair	
	of review panel)	
	(printed name of chair)	
Form 15 
 
Decision of Review Panel  
Regarding Treatment 
 
Mental Health Act 
 
Sections 29(2) and 41
The formal patient (does) (does not) object to the nearest relative, 
(name of nearest relative), receiving notice of the decision.
The review panel has heard and considered the application of (name of 
board representative or physician) and has decided
?	to make an order authorizing the following treatment (nature 
of treatment) to be administered to (name of formal patient).
?	to refuse to make an order authorizing the following 
treatment (nature of treatment) to be administered to (name 
of formal patient).
(Place an X in the appropriate box.)
Date of decision: 	
This decision may be appealed to the Court of Queen's Bench within 
14 days after receipt of this decision.
	(signature of chair
	of review panel)	
	(printed name of chair)	
Form 16 
 
Decision of Review Panel Regarding Transfer  
Back to a Correctional Facility 
 
Mental Health Act 
 
Sections 33 and 41
The formal patient (does) (does not) object to the nearest relative, 
(name of nearest relative), receiving notice of the decision.
The review panel has heard and considered the application of (name of 
applicant) and has decided
?	to order that (name of patient) be transferred back to (name 
of correctional facility).
?	to refuse to make an order.
?	to cancel the admission certificates or renewal certificates, if 
any.
?	to refuse to cancel admission certificates or renewal 
certificates for the following reasons: 	.
(Place an X in the appropriate box(es).)
Date of decision: 	
This decision may be appealed to the Court of Queen's Bench within 
14 days after receipt of this decision.
	(signature of chair
	of review panel)	
	(printed name of chair)	
Form 17 
 
Decision of Review Panel Regarding Admission  
Certificates or Renewal Certificates 
 
Mental Health Act 
 
Sections 38(1) and 41
The formal patient (does) (does not) object to the nearest relative, 
(name of nearest relative), receiving notice of the decision.
The review panel has heard and considered the application of (name of 
applicant), bearing a relationship of (self, agent, guardian, other) to 
(name of formal patient), and has decided
?	to cancel the admission certificates or renewal certificates 
relating to (name of formal patient).
?	to refuse to cancel the admission certificates or renewal 
certificates relating to (name of formal patient) for the 
following reasons: 	.
(Place an X in the appropriate box.)
Date of decision:	
This decision may be appealed to the Court of Queen's Bench within 
14 days after receipt of this decision.
	(signature of chair
	of review panel)	
	(printed name of chair)	
Form 18 
 
Decision of Review Panel Regarding Renewal  
Certificates (Deemed Application) 
 
Mental Health Act 
 
Sections 39 and 41
The formal patient (does) (does not) object to the nearest relative, 
(name of nearest relative), receiving notice of the decision.
The review panel has heard and considered an application deemed by 
section 39 of the Act to have been made by (name of formal patient) 
and has decided
?	to cancel the renewal certificates relating to (name of formal 
patient).
?	to refuse to cancel the renewal certificates relating to (name 
of formal patient) for the following reasons:  
	.
(Place an X in the appropriate box.)
Date of decision: 	
This decision may be appealed to the Court of Queen's Bench within 
14 days after receipt of this decision.
	(signature of chair
	of review panel)	
	(printed name of chair)	

THE ALBERTA GAZETTE, PART II, JULY 15 2004

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THE ALBERTA GAZETTE, PART II, JULY 15, 2004


591
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THE ALBERTA GAZETTE, PART II, JULY 15 2004

- 591 -
THE ALBERTA GAZETTE, PART II, JULY 15, 2004


AR 126/2004	INCOME AND EMPLOYMENT SUPPORTS
- 592 -
THE ALBERTA GAZETTE, PART II, JULY 15 2004

- 593 -
THE ALBERTA GAZETTE, PART II, JULY 15, 2004


AR 129/2004	PUBLIC SECTOR PENSION PLANS
- 619 -
THE ALBERTA GAZETTE, PART II, JULY 15, 2004


AR 131/2004	ENVIRONMENTAL PROTECTION AND ENHANCEMENT
THE ALBERTA GAZETTE, PART II, JULY 15 2004

THE ALBERTA GAZETTE, PART II, JULY 15, 2004


AR 132/2004	ENVIRONMENTAL PROTECTION AND ENHANCEMENT
THE ALBERTA GAZETTE, PART II, JULY 15, 2004


AR 133/2004	GOVERNMENT ORGANIZATION
THE ALBERTA GAZETTE, PART II, JULY 15, 2004


AR 135/2004	ELECTRIC UTILITIES
THE ALBERTA GAZETTE, PART II, JULY 15, 2004


AR 136/2004	MENTAL HEALTH