Copyright and Disclaimer Print  


Alberta Regulation 2/2008
Municipal Government Act
CAPITAL REGION ASSESSMENT SERVICES COMMISSION 
AMENDMENT REGULATION
Filed: January 16, 2008
For information only:   Made by the Lieutenant Governor in Council (O.C. 5/2008) on 
January 16, 2008 pursuant to section 602.02 of the Municipal Government Act. 
1   The Capital Region Assessment Services Commission 
Regulation (AR 77/96) is amended by this Regulation.

2   The Schedule is amended
	(a)	by repealing clause (o);
	(b)	by adding the following after clause (r):
	(r.1)	Town of Smoky Lake
	(c)	by adding the following after clause (v):
	(v.1)	Village of Vilna


--------------------------------
Alberta Regulation 3/2008
Municipal Government Act
CAPITAL REGION VEGREVILLE CORRIDOR WATER SERVICES 
COMMISSION AMENDMENT REGULATION
Filed: January 16, 2008
For information only:   Made by the Lieutenant Governor in Council (O.C. 6/2008) on 
January 16, 2008 pursuant to section 602.02 of the Municipal Government Act. 
1   The Capital Region Vegreville Corridor Water Services 
Commission Regulation (AR 293/84) is amended by this 
Regulation.

2   Section 4 is amended by repealing subsections (3) and 
(4).



Alberta Regulation 4/2008
Tobacco Reduction Act
TOBACCO REDUCTION AMENDMENT REGULATION
Filed: January 16, 2008
For information only:   Made by the Lieutenant Governor in Council (O.C. 8/2008) on 
January 16, 2008 pursuant to section 9 of the Tobacco Reduction Act. 
1   The Tobacco Reduction Regulation (AR 240/2007) is 
amended by this Regulation.

2   Section 7 is amended by striking out "or" at the end of 
clause (g), adding "or" at the end of clause (h) and adding 
the following after clause (h):
	(i)	subject to the Provincial Offences Procedure Act, issue 
violation tickets under Parts 2 and 3 of that Act.

3   The following is added after section 10:
Exemption for lodge accommodation
10.1(1)  In this section, "lodge accommodation" means a lodge 
accommodation as defined in the Alberta Housing Act.
(2)  Despite section 3 of the Act, a resident of a lodge 
accommodation may smoke in a separate room in the lodge 
accommodation if the room
	(a)	is designated as a smoking room by the manager,
	(b)	has floor-to-ceiling walls, a ceiling and doors that separate it 
physically from any adjacent area in which smoking is 
prohibited under this Act, and
	(c)	has a separate ventilation system.

4   Section 13(3) is amended by renumbering subsection (3) 
as subsection (2).



Alberta Regulation 5/2008
Stray Animals Act
HORSE CAPTURE AMENDMENT REGULATION
Filed: January 16, 2008
For information only:   Made by the Lieutenant Governor in Council (O.C. 22/2008) 
on January 16, 2008 pursuant to section 35 of the Stray Animals Act. 
1   The Horse Capture Regulation (AR 59/94) is amended by 
this Regulation.

2   Section 1 is amended
	(a)	in clause (b)
	(i)	by adding "bait," after "capture,";
	(ii)	by striking out "public" and substituting 
"designated";
	(b)	by adding the following after clause (b):
	(b.1)	"designated land" means public land designated for the 
licensed capture of horses under section 9(1) of the Act;
	(c)	by repealing clause (f).



3   Section 4(3) is amended by adding "waive or" before 
"refund".

4   Section 5(3)(a) and (b) are amended by striking out 
"public land" and substituting "designated land".

5   Section 7 is repealed and the following is substituted:
Capturing
7(1)  A licence holder shall not use a snare, weapon or vehicle to 
capture or attempt to capture a horse.
(2)  In this section,
	(a)	"snare" means a device that consists of or includes a 
cable, rope, wire or other form of material and that is 
used or set to capture a horse by tightening a loop 
around the neck, foot or leg, with the energy to tighten it 
coming from the horse or from a spring, triggering 
device or other mechanism;
	(b)	"vehicle" means a motorized device, including a boat or 
aircraft, in or by which a person or thing may be 
transported;
	(c)	"weapon" means a firearm or other projectile propelling 
device used to frighten, injure or kill.

6   Section 13 is amended by striking out "2008" and 
substituting "2017".


--------------------------------
Alberta Regulation 6/2008
Financial Administration Act
INDEMNITY AUTHORIZATION AMENDMENT REGULATION
Filed: January 16, 2008
For information only:   Made by the Lieutenant Governor in Council (O.C. 24/2008) 
on January 16, 2008 pursuant to section 71 of the Financial Administration Act. 
1   The Indemnity Authorization Regulation (AR 22/97) is 
amended by this Regulation.

2   Section 7 is amended
	(a)	in subsection (1)
	(i)	by repealing clause (e) and substituting the 
following:
	(e)	"prescribed duties" means
	(i)	with respect to the Metis Settlements 
Ombudsman, the exercise or performance of 
any powers or duties that the Metis 
Settlements Ombudsman is authorized by the 
Minister or the Regulation to exercise or 
perform;
	(ii)	with respect to any associate personnel 
engaged in providing services in relation to 
the office of the Metis Settlements 
Ombudsman, the provision of any of those 
services;
	(iii)	with respect to any associate personnel 
appointed as an inspector or an investigator 
under section 171 of the Act or under the 
Regulation, the carrying out of any functions 
by that person as an inspector or an 
investigator;
	(iv)	with respect to any associate personnel 
appointed under section 172 of the Act or 
under the Regulation to carry out audits, the 
carrying out of any function by that person in 
respect of those audits;
	(ii)	by adding the following after clause (e):
	(f)	"Regulation" means the Metis Settlements 
Ombudsman Regulation (AR 116/2007).
	(b)	by adding the following after subsection (2):
(3)  The Minister of Finance is authorized, on behalf of the 
Crown, to indemnify
	(a)	Harley Johnson, by reason of carrying out any powers 
or duties with respect to the Ministerial Order issued by 
the Minister and dated April 14, 2003,
	(b)	MSO Services Inc., by reason of providing any of the 
services specified in contract #AAND00/01-01 made 
effective April 1, 2003 between Her Majesty the Queen 
in right of Alberta and MSO Services Inc., and
	(c)	persons employed or otherwise engaged by MSO 
Services Inc. or Harley Johnson by reason of providing 
services in relation to the powers, duties or services 
referred to in clauses (a) and (b)
against all costs, charges and expenses, including amounts paid 
to settle actions or satisfy judgments, reasonably incurred by any 
of those persons in respect of civil, criminal or administrative 
actions or proceedings, to which any of those persons is made a 
party by reason of carrying out any powers or duties or providing 
any services, if the person
	(d)	acted honestly and in good faith with a view to carrying 
out such powers, duties, functions or services,
	(e)	complied with the Schedule, and
	(f)	in the case of a criminal or administrative action or 
proceeding enforceable by a monetary penalty, had 
reasonable grounds for believing that the conduct of the 
person was lawful.

3   The following is added after section 8:
Financial institutions encashment indemnity
9(1)  In this section, "Minister" means the Minister of Finance.
(2)  The Minister may, on behalf of the Crown, on such terms and 
conditions as the Minister requires, indemnify a financial 
institution for the amount payable on a benefit cheque
	(a)	issued by the Crown with respect to a benefit program 
of the Crown, and
	(b)	presented for encashment,
where the benefit cheque was fraudulently negotiated.


--------------------------------
Alberta Regulation 7/2008
Debtors' Assistance Act
DEBTORS' ASSISTANCE AMENDMENT REGULATION
Filed: January 18, 2008
For information only:   Made by the Minister of Service Alberta (M.O. C:001/2008) 
on January 16, 2008 pursuant to section 14(1) of the Debtors' Assistance Act. 
1   The Debtors' Assistance Regulation (AR 200/2001) is 
amended by this Regulation.

2   Section 4 is repealed and the following is substituted:
Fees for Board services
4(1)  The fee for services provided by the Board under the Act is 
$100 plus applicable disbursements.
(2)  In addition to the fee under subsection (1), where a debtor and 
creditor have used the services of the Board to enter into a debt 
repayment agreement, the Board may either
	(a)	charge the debtor a fee that is equal to up to 15% of the 
total amount of the debt that is to be repaid under the 
agreement if the debtor sought the assistance of the 
Board, or
	(b)	for each payment that the Board makes on behalf of the 
debtor to the creditor charge the creditor a fee equal to 
up to 25% of the payment and deduct that fee from each 
such payment.
(3)  The Board may
	(a)	determine the percentage amount that may be charged 
by the Board under subsection (2)(a) or (b), and
	(b)	waive all or part of a fee under this section where it 
considers it appropriate to do so.

3   Section 8 is amended by striking out "2008" and 
substituting "2017".


--------------------------------
Alberta Regulation 8/2008
Apprenticeship and Industry Training Act
DESIGNATED OCCUPATION (EXPIRY CLAUSE)  
AMENDMENT REGULATION
Filed: January 23, 2008
For information only:   Made by the Alberta Apprenticeship and Industry Training 
Board on January 4, 2008 pursuant to section 37(2) of the Apprenticeship and 
Industry Training Act and approved by the Minister of Advanced Education and 
Technology on January 22, 2008 pursuant to section 37(2) of the Apprenticeship and 
Industry Training Act.
1   The Construction Craft Labourer Occupation Regulation 
(AR 270/2000) is amended in section 5 by striking out 
"January 31, 2008" and substituting "March 31, 2017".

2   The Gas Utility Operator Occupation Regulation 
(AR 278/2000) is amended in section 5 by striking out 
"January 31, 2008" and substituting "March 31, 2010".
3   The Warehousing Occupation Regulation (AR 309/2000) 
is amended in section 5 by striking out "January 31, 2008" and 
substituting "March 31, 2012".

Alberta Regulation 9/2008
Marketing of Agricultural Products Act
ALBERTA BEEF PRODUCERS AUTHORIZATION 
AMENDMENT REGULATION
Filed: January 23, 2008
For information only:   Made by the Alberta Agricultural Products Marketing Council 
on October 25, 2007 pursuant to sections 26 and 27 of the Marketing of Agricultural 
Products Act and approved by the Minister of Agriculture and Food on January 10, 
2008 pursuant to sections 26 and 27 of the Marketing of Agricultural Products Act. 
1   The Alberta Beef Producers Authorization Regulation 
(AR 352/2003) is amended by this Regulation.

2   Section 6 is amended by striking out "July 1, 2008" and 
substituting "March 31, 2009".


--------------------------------
Alberta Regulation 10/2008
Marketing of Agricultural Products Act
ALBERTA ELK MARKETING AMENDMENT REGULATION
Filed: January 23, 2008
For information only:   Made by the Alberta Elk Commission on December 18, 2007 
pursuant to section 26 of the Marketing of Agricultural Products Act and approved by 
the Agricultural Products Marketing Council on January 11, 2008 pursuant to section 
26 of the Marketing of Agricultural Products Act.
1   The Alberta Elk Marketing Regulation (AR 256/2002) is 
amended by this Regulation.

2   Section 14 is amended by striking out "2008" and 
substituting "2009".



Alberta Regulation 11/2008
Marketing of Agricultural Products Act
HATCHING EGGS AMENDMENT REGULATION
Filed: January 23, 2008
For information only:   Made by the Alberta Hatching Egg Producers on December 
14, 2007 pursuant to sections 26 and 27 of the Marketing of Agricultural Products Act 
and approved by the Agricultural Products Marketing Council on January 11, 2008 
pursuant to sections 26 and 27 of the Marketing of Agricultural Products Act.
1   The Hatching Eggs Regulation (AR 280/97) is amended 
by this Regulation.

2   Section 48 is amended by striking out "2008" and 
substituting "2009".


--------------------------------
Alberta Regulation 12/2008
Marketing of Agricultural Products Act
MARKETING OF AGRICULTURAL PRODUCTS REGULATIONS (EXPIRY 
CLAUSES) (MARKETING COUNCIL) AMENDMENT REGULATION
Filed: January 23, 2008
For information only:   Made by the Alberta Agricultural Products Marketing Council 
on December 5, 2007 pursuant to sections 26, 27 and 33 of the Marketing of 
Agricultural Products Act and approved by the Minister of Agriculture and Food on 
January 10, 2008 pursuant to sections 26, 27 and 33 of the Marketing of Agricultural 
Products Act.
1   The Alberta Elk Authorization Regulation (AR 255/2002) 
is amended in section 3 by striking out "2008" and 
substituting "2009".

2   The Alberta Hatching Egg Producers Authorization 
Regulation (AR 278/97) is amended in section 7 by striking 
out "2008" and substituting "2009".

3   The Hatching Egg Producers Negotiation and Arbitration 
Regulation (AR 281/97) is amended in section 40 by striking 
out "2008" and substituting "2009".

4   The Alberta Milk Authorization Regulation (AR 152/2002) 
is amended in section 5 by striking out "2008" and 
substituting "2009".

5   The Alberta Milk Negotiation and Arbitration Regulation 
(AR 153/2002) is amended in section 29 by striking out 
"2008" and substituting "2009".

6   The Potato Growers of Alberta Authorization Regulation 
(AR 299/2002) is amended in section 4 by striking out "2008" 
and substituting "2009".


--------------------------------
Alberta Regulation 13/2008
Marketing of Agricultural Products Act
POTATO GROWERS OF ALBERTA MARKETING  
AMENDMENT REGULATION
Filed: January 23, 2008
For information only:   Made by the Potato Growers of Alberta on December 21, 
2007 pursuant to section 26 of the Marketing of Agricultural Products Act and 
approved by the Agricultural Products Marketing Council on January 11, 2008 
pursuant to section 26 of the Marketing of Agricultural Products Act.
1   The Potato Growers of Alberta Marketing Regulation 
(AR 277/98) is amended by this Regulation.

2   Section 19 is amended by striking out "2008" and 
substituting "2009".


--------------------------------
Alberta Regulation 14/2008
Safety Codes Act
ELECTRICAL CODE AMENDMENT REGULATION
Filed: January 23, 2008
For information only:   Made by the Lieutenant Governor in Council (O.C. 36/2008) 
on January 23, 2008 pursuant to section 65 of the Safety Codes Act. 
1   The Electrical Code Regulation (AR 209/2006) is 
amended by this Regulation.

2   Section 3(c) is repealed and the following is substituted:
	(c)	the Alberta Electrical Utility Code, Third Edition, 2007, 
published by the Safety Codes Council.

3   This Regulation comes into force on March 1, 2008.


--------------------------------
Alberta Regulation 15/2008
Marketing of Agricultural Products Act
ALBERTA VEGETABLE GROWERS (PROCESSING)  
PLAN AMENDMENT REGULATION
Filed: January 23, 2008
For information only:   Made by the Lieutenant Governor in Council (O.C. 37/2008) 
on January 23, 2008 pursuant to section 23 of the Marketing of Agricultural Products 
Act. 
1   The Alberta Vegetable Growers (Processing) Plan 
Regulation (AR 273/97) is amended by this Regulation.

2   Section 9(2)(i) is amended by striking out "producer" and 
substituting "processor".


--------------------------------
Alberta Regulation 16/2008
Various Acts
MARKETING OF AGRICULTURAL PRODUCTS REGULATIONS 
(EXPIRY/REVIEW CLAUSES) AMENDMENT REGULATION
Filed: January 23, 2008
For information only:   Made by the Lieutenant Governor in Council (O.C. 38/2008) 
on January 23, 2008. 
1   The Alberta Elk Plan Regulation (AR 210/2002) is 
amended in section 54 by striking out "2008" and 
substituting "2009".

2   The Alberta Hatching Egg Plan Regulation (AR 283/96) is 
amended in section 39 by striking out "2008" and 
substituting "2009".

3   The Alberta Milk Plan Regulation (AR 150/2002) is 
amended in section 61 by striking out "2008" and 
substituting "2009".

4   The Alberta Milk Records Disclosure Regulation 
(AR 149/2002) is amended in section 3 by striking out "2008" 
and substituting "2009".

5   The Alberta Milk Records Transfer Regulation 
(AR 148/2002) is amended in section 3 by striking out "2008" 
and substituting "2009".

6   The Potato Growers of Alberta Plan Regulation 
(AR 291/2002) is amended in section 39 by striking out 
"2008" and substituting "2009".


--------------------------------
Alberta Regulation 17/2008
Teachers' Pension Plans Act
TEACHERS' PENSION PLANS (LEGISLATIVE PROVISIONS) 
(RELATIONSHIP BREAKDOWN EXTENSION 2008) 
AMENDMENT REGULATION
Filed: January 23, 2008
For information only:   Made by the Lieutenant Governor in Council (O.C. 39/2008) 
on January 23, 2008 pursuant to section 23 of the Teachers' Pension Plans Act.
1   The Teachers' Pension Plans (Legislative Provisions) 
Regulation (AR 204/95) is amended by this Regulation.

2   Section 17(3) is amended by striking out "2008" and 
substituting "2010".



Alberta Regulation 18/2008
Insurance Act
PROVINCIAL COMPANIES AMENDMENT REGULATION
Filed: January 23, 2008
For information only:   Made by the Lieutenant Governor in Council (O.C. 41/2008) 
on January 23, 2008 pursuant to section 123 of the Insurance Act. 
1   The Provincial Companies Regulation (AR 124/2001) is 
amended by this Regulation.

2   Section 20 is amended by striking out "20%" and 
substituting "25%".


--------------------------------
Alberta Regulation 19/2008
Environmental Protection and Enhancement Act
BEVERAGE CONTAINER RECYCLING AMENDMENT REGULATION
Filed: January 23, 2008
For information only:   Made by the Lieutenant Governor in Council (O.C. 43/2008) 
on January 23, 2008 pursuant to section 175 of the Environmental Protection and 
Enhancement Act. 
1   The Beverage Container Recycling Regulation 
(AR 101/97) is amended by this Regulation.

2   Section 22 is amended by striking out "April 30, 2008" and 
substituting "October 31, 2008".



Alberta Regulation 20/2008
Regulated Accounting Profession Act
CHARTERED ACCOUNTANTS AMENDMENT REGULATION
Filed: January 30, 2008
For information only:   Approved by the Lieutenant Governor in Council (O.C. 
49/2008) on January 29, 2008 pursuant to section 14 of the Regulated Accounting 
Profession Act and made by the Institute of Chartered Accountants of Alberta on 
January 24, 2008 pursuant to section 14 of the Regulated Accounting Profession Act.
1   The Chartered Accountants Regulation (AR 178/2001) is 
amended by this Regulation.

2   Section 1(1) is amended
	(a)	in clause (b) by striking out "Universities Act" and 
substituting "Post-secondary Learning Act";
	(b)	by repealing clause (n).



3   Section 19 is repealed and the following is substituted:
Continuing education requirements
19(1)  For the purposes of this section,
	(a)	"continuing professional development" includes 
verifiable learning activities and unverifiable learning 
activities;
	(b)	"unverifiable learning activity" means an informal 
learning activity that contains significant intellectual 
and practical content, and is relevant and appropriate to 
a member's work and professional responsibilities, 
including
	(i)	on-the-job training for new software, systems, 
procedures or techniques for application in a 
professional role,
	(ii)	self-study that does not involve an examination or 
other objective certification or completion 
requirements,
	(iii)	reading of professional journals and other 
publications that are not part of research for a 
particular application in a professional role, and
	(iv)	any other form of educational activity recognized 
by the registration committee as an unverifiable 
learning activity;
	(c)	"verifiable learning activity" means a measurable 
learning activity that contains significant intellectual 
and practical content, and is relevant and appropriate to 
a member's work and professional responsibilities, 
including 
	(i)	presentation or attendance at courses, conferences, 
seminars and organized employer-based in-house 
training,
	(ii)	formal study, professional re-examination or 
testing,
	(iii)	formal study, self-study or both leading to an 
examination or attainment of a designation, 
diploma or degree,
	(iv)	publication of professional, technical or academic 
articles, papers or books,
	(v)	teaching a course or continuing professional 
development session in an area that is relevant to a 
professional role,
	(vi)	speaking at briefing sessions or discussion groups, 
and
	(vii)	any other form of educational activity recognized 
by the registration committee as a verifiable 
learning activity.
(2)  Each member of the Institute who
	(a)	resides
	(i)	in Alberta, or
	(ii)	outside Alberta and is not a member of a 
provincial institute or foreign accounting 
organization recognized by the Council,
			and
	(b)	has not been granted an exemption by the registration 
committee from the continuing professional 
development requirements imposed by this section
must complete the minimum number of hours of relevant 
continuing professional development described in this section.
(3)  A member of the Institute who has not been granted an 
exemption must complete the number of hours of continuing 
professional development prescribed by the Council in the period 
of time prescribed by the Council or such additional time as is 
granted by the registration committee.
(4)  The hours referred to in subsection (3) must include the 
minimum number of hours of verifiable learning activities as is 
prescribed by the Council.
(5)  For the purposes of subsections (3) and (4), the registration 
committee may recognize as continuing professional development 
any verifiable learning activity or unverifiable learning activity 
that, in its opinion, is appropriate.

4   Section 20 is repealed and the following is substituted:
Continuing professional development report
20   Each member of the Institute must
	(a)	submit annually, on or before the date set out in the 
bylaws, a report in the form prescribed by the 
registration committee, which includes
	(i)	a declaration that the member has complied with 
section 19, or
	(ii)	a declaration that section 19 does not apply to the 
member,
			and
	(b)	keep, for 5 years, a record of continuing professional 
development completed annually and, on request, 
provide to the registration committee or its designate 
that record and supporting documentation regarding the 
content of the continuing professional development 
completed.

5   Section 29(1) is amended
	(a)	in clause (a) by striking out "$1 000 000 per incident for 
partnerships with fewer than 5" and substituting 
"$1 500 000 per incident for partnerships with fewer than 4";
	(b)	in clause (b) by striking out "5" and substituting "4".

6   Section 35 is repealed.

7   Section 37 is repealed and the following is substituted:
Maintenance of information
37   For the purposes of section 26 of the Act, the Institute must 
maintain information about registrants and former registrants for 
the following periods of time:
	(a)	for as long as a person is a registrant
	(i)	for information respecting status, including the 
terms of any suspension or restrictions, registration 
or approval decisions, continuation of registration 
or approval decisions, previous names, billing 
status and designations held from other accounting 
or professional organizations,
	(ii)	for information required under section 28(1)(c) to 
(f) of the Act,
	(iii)	for decisions of the CIC chair, the complaints 
inquiry committee, a discipline tribunal and an 
appeal tribunal,
	(iv)	for the results of past practice reviews, including 
the results of past practice reviews for any 
predecessor of a registrant, and
	(v)	for information respecting merit nominations and 
awards;
	(b)	for at least 50 years after the date that a registrant 
becomes a former registrant
	(i)	for applicable information respecting the name, 
previous name and birthdate, basis for registration, 
cancellation of registration of a former registrant, 
and
	(ii)	for information required under section 28(1)(c) to 
(f) of the Act;
	(c)	for at least 10 years
	(i)	for information respecting the past registration 
status and billing status of a registrant,
	(ii)	for information respecting the past registration 
status of a former registrant, and
	(iii)	for registration decisions on registrations that were 
either refused or had conditions placed on the 
registration or practice;
	(d)	for at least 5 years
	(i)	for the list of continuing professional education 
courses, programs and products for which a 
registrant registered,
	(ii)	for information respecting practice specialities, 
professional corporations and the principals, 
partners, directors or shareholders of a public 
accounting firm, and
	(iii)	for information respecting past employers of a 
chartered accountant or student;
	(e)	for at least 4 years
	(i)	for information respecting a past practice review 
where the public accounting firm or professional 
service provider has an outstanding follow-up 
practice review, and
	(ii)	for a practice review report under section 56 of the 
Act;
	(f)	for at least one year for any other relevant information 
maintained in accordance with the Act, this Regulation 
or the bylaws.

8   Section 37.1 is repealed.

9   In the following provisions, "by-laws" is struck out and 
"bylaws" is substituted:
section 8(3)(a); 
section 18(a); 
section 21(1); 
section 22(2) and (4)(b); 
section 23(3)(b) and (7)(b); 
section 28(b); 
section 33(b).



Alberta Regulation 21/2008
Provincial Offences Procedure Act
PROCEDURES AMENDMENT REGULATION
Filed: January 30, 2008
For information only:   Made by the Lieutenant Governor in Council (O.C. 52/2008) 
on January 29, 2008 pursuant to section 42 of the Provincial Offences Procedure Act. 
1   The Procedures Regulation (AR 233/89) is amended by 
this Regulation.

2   Section 2 is amended
	(a)	by repealing clause (o.2);
	(b)	by adding the following after clause (p):
	(p.001)	Tobacco Reduction Act;

3   Part 46 is repealed and the following is substituted:
Part 46 
Tobacco Reduction Act
1   The specified penalty payable in respect of a contravention of the 
Tobacco Reduction Act shown in Column 1 is the amount shown in 
Column 2 in respect of that provision.
2   Proceedings with respect to a contravention of any provision of 
the Tobacco Reduction Act shown in Column 1 may be commenced 
by a violation ticket issued under either Part 2 or Part 3 of the 
Provincial Offences Procedure Act.
Item 
Number
Column 1 (Section 
Number of Act)
Column 2 (Specified 
Penalty in Dollars)
1
3
250
2
6
500
3
7
250
4
7.1
500
5
7.2
500
3   Items 4 and 5 referred to in section 2 are effective on and after 
July 1, 2008.



Alberta Regulation 22/2008
Corrections Act
CORRECTIONAL INSTITUTION AMENDMENT REGULATION
Filed: January 30, 2008
For information only:   Made by the Lieutenant Governor in Council (O.C. 66/2008) 
on January 29, 2008 pursuant to section 33 of the Corrections Act. 
1   The Correctional Institution Regulation (AR 205/2001) is 
amended by this Regulation.

2   The following is added after section 31:
Monitoring or recording telephone calls
31.1(1)  Where a director of a correctional institution has directed 
under section 14.4(1) of the Act that telephone calls made by or 
received by an inmate be monitored and recorded and electronic 
monitoring or recording equipment is not available or is not 
functioning, the telephone calls may be monitored or recorded by 
mechanical means.
(2)  The Director must give reasonable notice to inmates that 
telephone calls may be monitored or recorded.

3   Section 43 is repealed.



4   Section 44 is amended
	(a)	in subsection (2) by striking out "the Disciplinary 
Board" and substituting "the Director";
	(b)	in subsection (3) by striking out "The Disciplinary 
Board" and substituting "A hearing adjudicator appointed 
under section 15(1) of the Act";
	(c)	by adding the following after subsection (3):
(3.1)  Where facilities are available, a hearing may be held by 
means of video conference.
	(d)		in subsection (4) by striking out "the Disciplinary 
Board" and substituting "a hearing adjudicator";
	(e)	in subsection (5) by striking out "the Disciplinary 
Board" and substituting "a hearing adjudicator";
	(f)	in subsection (6) by striking out "the Disciplinary 
Board" wherever it occurs and substituting "the 
hearing adjudicator".

5   Section 45 is repealed.

6   Section 46 is amended
	(a)		by striking out "the Disciplinary Board" and 
substituting "a hearing adjudicator";
	(b)	by striking out "the Director" and substituting "an 
appeal adjudicator".

7   Section 47 is repealed and the following is substituted:
When punishment may be imposed
47(1)  No inmate shall
	(a)	disobey an order of the Director or an employee;
	(b)	break a rule of an institution or fail to comply with the 
Act or this Regulation;
	(c)	use disrespectful, indecent, abusive or threatening 
language to
	(i)	an employee or a visitor to the institution, or
	(ii)	another inmate;
	(d)	be idle, careless or negligent at work;
	(e)	refuse to work;
	(f)	commit or threaten to commit an assault or any other act 
of violence on
	(i)	an employee or a visitor to the institution, or
	(ii)	another inmate;
	(g)	use indecent gestures or commit an indecent act;
	(h)	communicate with another inmate without authority to 
do so;
	(i)	enter the cell of another inmate or any other place 
without authority to do so;
	(j)	leave the inmate's cell, place of work or any other place 
without the consent of an employee;
	(k)	wilfully or negligently disfigure or damage any part of 
an institution or any property that is not the inmate's;
	(l)	fail to keep the inmate's person, clothing, bedding or 
cell neat and clean;
	(m)	have in the inmate's cell or possession any unauthorized 
article or attempt to obtain such an article;
	(n)	give to or receive from any person, or attempt to give or 
receive, any unauthorized article;
	(o)	create a disturbance or incite other inmates to create a 
disturbance;
	(p)	feign an illness or otherwise malinger;
	(q)	persist in making frivolous or groundless complaints;
	(r)	fail or refuse to submit on demand to a test to detect the 
use of an unauthorized drug or intoxicant;
	(s)	engage in gambling;
	(t)	manufacture, have in the inmate's possession or use an 
unauthorized drug or intoxicant or use a drug in an 
unauthorized manner;
	(u)	refuse to submit to, resist or obstruct a search authorized 
by or under this Regulation;
	(v)	engage in an activity that promotes or encourages the 
creation, status or activities of a gang, including the 
display of an item or symbol or the use of signals 
associated with a gang;
	(w)	participate in the act of tattooing or have in the inmate's 
cell or possession any article used for the purpose of 
tattooing;
	(x)	do anything for the purpose of escaping or assisting 
another inmate to escape;
	(y)	do anything that is prejudicial to good order and 
discipline in an institution that is not otherwise referred 
to in clauses (a) to (x);
	(z)	counsel, procure or incite another inmate to do anything 
referred to in clauses (a) to (y);
	(aa)	attempt to do anything referred to in clauses (a) to (z).
(2)  A hearing adjudicator may direct that an inmate be punished if 
the inmate contravenes subsection (1).

8   Section 52(2) is amended by striking out "Disciplinary 
Board" and substituting "hearing adjudicator".

9   Section 53 is amended
	(a)	in subsection (1) by striking out "Disciplinary Board 
shall" and substituting "Director shall";
	(b)	in subsection (1)(e) by striking out "Disciplinary 
Board" and substituting "hearing adjudicator";
	(c)	by repealing subsection (2) and substituting the 
following:
(2)  The Punishment Register is to be certified by the hearing 
adjudicator as correct at the time that the hearing adjudicator 
records the adjudicator's decision.


--------------------------------
Alberta Regulation 23/2008
Government Organization Act
DESIGNATION AND TRANSFER OF RESPONSIBILITY 
AMENDMENT REGULATION
Filed: January 30, 2008
For information only:   Made by the Lieutenant Governor in Council (O.C. 70/2008) 
on January 29, 2008 pursuant to sections 16, 17 and 18 of the Government 
Organization Act. 
1   The Designation and Transfer of Responsibility 
Regulation (AR 317/2006) is amended by this Regulation.
2   Section 2 is amended by adding the following after 
subsection (7):
(8)  The responsibility for that part of the public service directly 
associated with the post-secondary capital planning function of 
Infrastructure and Transportation is transferred to the Minister of 
Advanced Education and Technology.
(9)  The responsibility for the administration of the unexpended 
balance of that part of element 5.0.5 associated with the 
post-secondary capital planning function of Program 5, Other 
Programs and Services, of the 2007-08 Government appropriation 
for Infrastructure and Transportation is transferred to the Minister of 
Advanced Education and Technology.

3   Section 3 is amended by adding the following after 
subsection (1)(z):
	(z.01)	Natural Gas Rebates Act;

4   Section 5 is amended
	(a)	by repealing subsection (1)(f);
	(b)	by adding the following after subsection (2):
(3)  The responsibility for the Teachers' Pension Plans Act is 
transferred to the common responsibility of the Minister of 
Education and the Minister of Finance.
(4)  The responsibility for the administration of the unexpended 
balance of that part of element 2.0.1 of Program 2, Operating 
Support to Public and Separate Schools, and element 3.0.2 of 
Program 3, Teachers' Pensions, of the 2007-08 Government 
appropriation for Education associated with the responsibility for 
the Teachers' Pension Plan for the period ending August 31, 
1992 is transferred to the Minister of Finance.
(5)  The responsibility for that part of the public service directly 
associated with the school capital planning function of 
Infrastructure and Transportation is transferred to the Minister of 
Education.
(6)  The responsibility for the administration of the unexpended 
balance of that part of element 5.0.5 associated with the school 
capital planning function of Program 5, Other Programs and 
Services, of the 2007-08 Government appropriation for 
Infrastructure and Transportation is transferred to the Minister of 
Education.

5   Section 6 is amended by repealing subsection (1)(r).

6   Section 15(2) is repealed and the following is 
substituted:
(2)  The responsibility for Schedule 13 to the Government 
Organization Act is transferred to the common responsibility of the 
Minister of Seniors and Community Supports, the Minister of 
Municipal Affairs and Housing and the Minister of Service Alberta.

7   Section 16 is amended
	(a)	by repealing subsection (1)(r) and substituting the 
following:
	(r)	sections 2, 3 and 14 of Schedule 11 and Schedule 12 to 
the Government Organization Act;
	(b)	by adding the following after subsection (1):
(1.1)  The Minister of Service Alberta is designated as the 
Minister responsible for Schedule 13.1 to the Government 
Organization Act.

8   Section 19 is amended by adding the following after 
subsection (1):
(1.1)  The Minister of Tourism, Parks, Recreation and Culture is 
designated as the Minister responsible for Schedule 3.1 to the 
Government Organization Act.

9   The following sections are amended by striking out "to 
the Minister" and substituting "of the Minister":
	(a)	section 8(2) and (3);
	(b)	section 11(3);
	(c)	section 14(4).



Alberta Regulation 24/2008
Regulations Act
MISCELLANEOUS CORRECTIONS REGULATION
Filed: January 30, 2008
For information only:   Made by the Lieutenant Governor in Council (O.C. 74/2008) 
on January 29, 2008 pursuant to section 10 of the Regulations Act. 
1   The Farm Implement Amendment Regulation 
(AR 207/2007) is amended is section 5 by striking out 
"Section 8.3" and substituting "Section 8.3(1)".

2   The Public Service Pension Plan (AR 368/93) is amended 
in Part 2 of Schedule 2 by repealing Items (9.1) and (9.2) and 
substituting the following:
9.1  The Alberta Utilities Commission,
9.2  The Energy Resources Conservation Board,

3   The Tobacco Reduction Regulation (240/2007) is 
amended in section 7 by striking out "and" at the end of 
clause (g) and adding "and" at the end of clause (h).


--------------------------------
Alberta Regulation 25/2008
Marketing of Agricultural Products Act
VEGETABLE NEGOTIATING AGENCY REGULATION
Filed: January 31, 2008
For information only:   Made by the Alberta Agricultural Products Marketing Council 
on November 22, 2007 pursuant to section 33 of the Marketing of Agricultural 
Products Act and approved by the Minister of Agriculture and Food on January 24, 
2008 pursuant to section 33 of the Marketing of Agricultural Products Act.
Table of Contents
	1	Interpretation
	2	Agreement
	3	Notice to commence negotiations
Part 1 
Vegetable Negotiating Agency
	4	Agency established
	5	Vacancies, etc.
	6	Failure to appoint
	7	Quorum
	8	Duties of secretary
	9	Conduct of meetings
Part 2 
Negotiations to Effect an Agreement
	10	Effecting an Agreement
	11	Effect of Agreement
	12	Referral to mediation, arbitration
Part 3 
Refusal to Renew Contract
	13	Refusal to renew
	14	Review by Agency
	15	Referral to mediation
Part 4 
Mediation
	16	Mediator appointed
	17	Mediation process
	18	Mediation fails
Part 5 
Arbitration
	19	Arbitrator appointed
	20	Staff
	21	Reasonable dispatch
	22	Final offer selection
	23	Service of notices, etc.
	24	Application for directions
	25	Directions by arbitrator
	26	Determining jurisdiction of arbitrator
	27	Conduct of arbitration
	28	Hearings and evidence
	29	Attendance at hearing
	30	Representation
	31	Adjournment of hearing
	32	Failure to attend
	33	Evidence
	34	Production of documents
	35	Conclusions
	36	Determination in writing
	37	Incorporation of settlement into determination
	38	Settlement terminating arbitration
	39	Arbitration determination final
	40	Fees and expenses of arbitrator
Part 6 
Board Power
	41	Arbitration not initiated
Part 7 
Repeal and Expiry
	42	Repeal
	43	Expiry
Interpretation
1(1)  In this Regulation,
	(a)	"Act" means the Marketing of Agricultural Products Act;
	(b)	"Agency" means the Vegetable Negotiating Agency 
established under Part 1;
	(c)	"Agreement" means an agreement described in section 2;
	(d)	"arbitrator" means an arbitrator appointed under this 
Regulation;
	(e)	"Board" means the Alberta Vegetable Growers (Processing) 
Board;
	(f)	"contract" means a contract between a licensed producer and 
a licensed processor to grow and market the regulated 
product;
	(g)	"Council" means the Alberta Agricultural Products 
Marketing Council;
	(h)	"licensed processor" means a person who holds a processor's 
licence under the Alberta Vegetable Growers (Processing) 
Production and Marketing Regulation (AR 160/2007);
	(i)	"licensed producer" means a person who holds a producer's 
licence under the Alberta Vegetable Growers (Processing) 
Production and Marketing Regulation (AR 160/2007);
	(j)	"mediator" means a mediator appointed under Part 4;
	(k)	"Plan" means the Alberta Vegetable Growers (Processing) 
Plan;
	(l)	"regulated product" means regulated product as defined in 
the Alberta Vegetable Growers (Processing) Plan Regulation 
(AR 273/97).
(2)  Words defined in the Alberta Vegetable Growers (Processing) 
Plan Regulation (AR 273/97) have the same meaning when used in 
this Regulation.
(3)  Except where inconsistent with the Marketing of Agricultural 
Products Act and this Regulation, the Arbitration Act applies to an 
arbitration under this Regulation.
Agreement
2(1)  The parties to an Agreement are the Board and a licensed 
processor.
(2)  The subject-matter of an Agreement relates to the regulated 
product and must include terms respecting but not restricted to the 
following:
	(a)	price of the regulated product;
	(b)	seed;
	(c)	terms of payment;
	(d)	harvesting;
	(e)	dockage;
	(f)	bypass of the regulated product;
	(g)	food safety;
	(h)	acreage provisions;
	(i)	cultural practices respecting the regulated product;
	(j)	an arbitration clause.
(3)  Every Agreement is deemed to contain the following terms:
	(a)	if a difference arises as to the interpretation, application, 
operation or contravention of this Agreement, the parties 
agree to meet and endeavour to resolve the difference;
	(b)	if the parties are unable to resolve a difference described in 
clause (a), or if the difference relates to whether an issue can 
be the subject of negotiation,
	(i)	either party may notify the other in writing of its desire 
to submit the difference to mediation and, if mediation 
fails, to arbitration, or
	(ii)	if neither party notifies the other party under subclause 
(i) within 30 days of the difference arising, the matter 
must be submitted to arbitration;
	(c)	the notice referred to in clause (b) must
	(i)	contain a statement of the difference, and
	(ii)	specify a name or a list of names of persons the party is 
willing to accept as a mediator and as an arbitrator if 
mediation fails to resolve a difference described in 
clause (a);
	(d)	this Regulation applies if the parties are unable to resolve a 
difference described in clause (a).
Notice to commence negotiations
3(1)  Subject to the terms of an Agreement, either party may give 
notice in writing to the other party or, if there is no Agreement, a 
licensed processor may give notice in writing to the Board or the 
Board may give notice in writing to a licensed processor
	(a)	stating that it wishes to commence negotiations,
	(b)	setting out the issues it wishes to negotiate, and
	(c)	setting out dates it is available to commence negotiations.
(2)  Within 7 days from the date of receipt of a written notice under 
subsection (1), the party receiving the notice must, by written notice, 
advise the other party or, if there is no Agreement, the Board or 
licensed processor receiving the notice must, by written notice, advise 
the licensed processor or Board
	(a)	whether or not one of the dates proposed to commence 
negotiations is suitable to it and, if not, an alternative date 
that is acceptable, and
	(b)	whether there are any additional issues that it wishes to 
negotiate.
Part 1 
Vegetable Negotiating Agency
Agency established
4(1)  Within 7 days from the date of receipt of a written notice under 
section 3(2) or an application under section 13, a Vegetable 
Negotiating Agency must be established.
(2)  The Agency is composed of the following:
	(a)	one or more individuals appointed by each licensed 
processor;
	(b)	one or more licensed producers appointed by the Board;
	(c)	an individual appointed as the chair of the Agency under 
subsection (4);
	(d)	an individual appointed as the secretary of the Agency under 
subsection (4);
	(e)	alternate members appointed under subsection (6).
(3)  The number of licensed producers appointed under subsection 
(2)(b) shall not be greater in number than the number of individuals 
appointed under subsection (2)(a).
(4)  The members of the Agency appointed under subsection (2)(a) and 
(b) must appoint
	(a)	an individual to be the chair of the Agency, and
	(b)	an individual to be the secretary of the Agency.
(5)  A person who is appointed as a member of the Agency under 
subsection (2)(a) or (b) is not, while being a member of the Agency 
appointed under subsection (2)(a) or (b), eligible to be appointed as the 
chair or secretary of the Agency.
(6)  A person who appoints a member of the Agency under subsection 
(2)(a) or (b) must appoint an alternate for that member who must act 
during the absence of the member or inability of the member to act.
(7)  The term of office of a member of the Agency is the lesser of
	(a)	the period of time required to effect an Agreement or renew a 
contract for which notice is given, as described in subsection 
(1), and
	(b)	one year.
(8)  When the Agency considers it appropriate, the individuals 
appointed under subsection (2)(a) may be excluded from a meeting of 
the Agency at which the Agency is to consider and, if possible, 
conclude matters with respect to an individual licensed processor.
(9)  The Agency may review and provide recommendations to the 
Board with respect to issues that are relevant to the growing, 
production, marketing or processing of the regulated product.
Vacancies, etc.
5(1)  If a vacancy occurs on the Agency with respect to a member who 
was appointed under section 4(2)(a) or (b), the person who had 
appointed the member must, within 7 days from the day that the 
vacancy occurred, appoint a replacement member who must serve for 
the balance of the term.
(2)  If a vacancy occurs with respect to the chair or secretary of the 
Agency, the members of the Agency appointed under section 4(2)(a), 
(b) or (6), if any, must, within 7 days from the day that the vacancy 
occurred, appoint an individual to be the chair or secretary who must 
serve for the balance of the term.
Failure to appoint
6(1)  If any person who is entitled to appoint a member of the Agency 
fails to appoint a member of the Agency, the Council must, on that 
person's behalf, appoint an individual as a member of the Agency.
(2)  If the members of the Agency fail to appoint a chair or a secretary 
of the Agency, the Council must, on behalf of those members, appoint 
a chair or a secretary.
Quorum
7   A majority of the members of the Agency then holding office 
constitutes a quorum.
Duties of secretary
8(1)  The secretary must
	(a)	record all decisions and recommendations of the Agency,
	(b)	provide the decisions and recommendations in writing to the 
Agency, and
	(c)	provide a copy of the decisions and recommendations 
referred to in clause (b) to the Council.
(2)  As soon as practicable after a meeting of the Agency, the secretary 
must prepare the minutes of the meeting and provide a copy of the 
minutes to the members of the Agency.
Conduct of meetings
9(1)  Subject to this section, the Agency may make rules governing the 
conduct of its meetings.
(2)  The chair and the secretary of the Agency may not vote at a 
meeting of the Agency.
(3)  Voting at a meeting of the Agency is by show of hands.
(4)  Notwithstanding subsection (3), any member present at a meeting 
of the Agency may require that a vote be conducted by secret ballot.
Part 2 
Negotiations to Effect an Agreement
Effecting an Agreement
10(1)  Following an exchange of notices under section 3, the Agency 
must meet and endeavour to effect an Agreement.
(2)  Subject to the notice under section 3, the matters that the Agency 
may adopt or settle by Agreement are
	(a)	those issues submitted by the parties under section 3, and
	(b)	any other issues subsequently agreed on by both parties.
(3)  Subject to subsection (2), the Agency is empowered to adopt or 
settle by Agreement any or all of the following matters:
	(a)	the minimum price to be paid to licensed producers for the 
regulated product or any class, variety, grade, size or kind of 
the regulated product, and may include any product resulting 
from processing;
	(b)	a method for the determination of the minimum price;
	(c)	the terms and form of Agreement relating to the production 
or marketing of the regulated product;
	(d)	any charges, costs or expenses relating to the production or 
marketing of the regulated product.
Effect of Agreement
11(1)  If an Agreement is concluded by the Agency, the Agreement 
must be in writing and signed by each of the members of the Agency.
(2)  Subject to the Act, an Agreement concluded by the Agency is 
binding on
	(a)	the Board and the licensed processor, and
	(b)	every licensed producer
to the extent that they choose to produce, market or process the 
regulated product in the area of Alberta to which the Plan applies.
Referral to mediation, arbitration
12(1)  If the members of the Agency agree to refer an uneffected 
Agreement or specific issues in it to mediation, the Agency must
	(a)	notify the Council in writing, and
	(b)	refer the uneffected Agreement or specific issues to a 
mediator in accordance with Part 4.
(2)  If the members of the Agency do not agree to refer an uneffected 
Agreement or specific issues in it to mediation, the Agency must
	(a)	notify the Council in writing, and
	(b)	refer the uneffected Agreement or specific issues to 
arbitration in accordance with Part 5.
Part 3 
Refusal to Renew Contract
Refusal to renew
13   If a licensed processor refuses to renew a contract between it and 
a licensed producer, the licensed producer may apply to the Agency to 
have the Agency review the refusal.
Review by Agency
14   The Agency may, after considering the grounds or reasons on or 
for which the licensed processor refused to renew the contract with a 
licensed producer, order the licensed processor to renew the contract.
Referral to mediation
15   If the Agency is unable to reach a decision and make an order 
under section 14, the Agency or the licensed producer may
	(a)	notify the Council in writing, and
	(b)	refer the matter to a mediator in accordance with Part 4.
Part 4 
Mediation
Mediator appointed
16   The Council, on receipt of a written notice under section 12(1) or 
15, must, on consultation with the licensed processor, the Board and 
the affected licensed producer, if applicable, appoint a mediator.
Mediation process
17(1)  On being appointed, a mediator must contact
	(a)	the Board and the licensed processor in the case of an 
Agreement dispute, and
	(b)	the Board, the licensed processor and the licensed producer 
in the case of a contract dispute
to arrange commencement of mediation as soon as is reasonably 
practicable.
(2)  A mediator is to effect a mutually acceptable Agreement or 
contract in accordance with the following:
	(a)	a mediator may not unilaterally determine an Agreement or 
contract;
	(b)	a mediator may not have contact with the arbitrator;
	(c)	a mediator may not be selected as the arbitrator if arbitration 
is necessary.
(3)  The parties must share equally the fees and expenses of the 
mediator.
Mediation fails
18(1)  If the mediator cannot effect an Agreement under section 17(2),
	(a)	the mediator must notify the Council in writing of the issues 
with respect to an Agreement that have not been resolved, 
and
	(b)	the Council must refer the issues that have not been resolved 
to an arbitrator in accordance with Part 5.
(2)  The notice under subsection (1) must include a request for the 
appointment of an arbitrator.
(3)  If the mediator cannot effect a contract under section 17(2), the 
parties may refer the issues that have not been resolved to an arbitrator 
in accordance with Part 5.
Part 5 
Arbitration
Arbitrator appointed
19(1)  On receipt of a notice under section 12(2) or 18(1) or (3), the 
Council must appoint an arbitrator.
(2)  On appointing an arbitrator, the Council must forward to the 
arbitrator
	(a)	a copy of the notices received by the Council from the 
parties, and
	(b)	a copy of this Regulation.
Staff
20   For the purposes of any arbitration under this Regulation, an 
arbitrator may 
	(a)	employ persons that the arbitrator considers necessary to 
carry out the arbitrator's functions, and
	(b)	make use of the available administrative services of the 
Council.
Reasonable dispatch
21   The arbitrator must conduct hearings and make a decision on the 
uneffected Agreement or the unrenewed contract as soon as is 
reasonably practicable.
Final offer selection
22(1)  The arbitrator must use final offer selection, whereby each party 
to the arbitration submits to the arbitrator the party's final offer in 
respect of all unresolved issues and the arbitrator must select, without 
modification, the complete offer of one of the parties.
(2)  If all of the parties agree, the arbitrator must make an award on 
individual, or a combination of, unresolved issues.
(3)  If the parties cannot reach an Agreement under subsection (2) at 
the beginning of the first day of the arbitration proceedings, the 
arbitrator must select, without modification, the complete offer 
submitted by one of the parties.
Service of notices, etc.
23(1)  A notice, application, direction, order or other communication 
made in respect of an arbitration under this Part may be served on the 
person to whom it applies or is directed
	(a)	by personal service, or
	(b)	by being
	(i)	sent by registered or certified mail addressed to the 
latest address of that person, or
	(ii)	transmitted by electronic means to that person at the 
latest number or address at which the transmission can 
be received,
		that is shown on the records of the Board or that is provided 
to the arbitrator by that person.
(2)  An electronic means may be used under subsection (1)(b)(ii) only 
if the person receiving the communication receives at least a printed 
image of the contents of the communication that is being served.
(3)  Notwithstanding subsection (1), if any party to whom a notice, 
application, direction, order or other communication has been sent for 
the purpose of this Part cannot be found or if for any reason service 
cannot be readily effected in accordance with this Part, the arbitrator 
may dispense with service or may grant an order allowing for 
substitutional service by a method that the arbitrator considers 
appropriate.
(4)  A party who sends a notice, application, direction, order or other 
communication to the arbitrator must forthwith serve a copy of it on 
the other party and notify the arbitrator that the copy has been served.
Application for directions
24(1)  A party may apply in writing to the arbitrator on any subject 
relating to the issues before the arbitrator.
(2)  When a party makes an application under subsection (1), it must 
serve a copy of the application on the other party.
(3)  A party, on receipt of a copy of an application served under 
subsection (2), may, within 7 days from the day the party was served 
with a copy of the application, make an objection in writing to the 
arbitrator.
(4)  On receipt of an application or objection under this section, the 
arbitrator may, with or without holding a hearing, give directions that 
the arbitrator considers appropriate.
Directions by arbitrator
25(1)  Any direction from the arbitrator to the parties must
	(a)	be in writing, or
	(b)	if given orally, be confirmed in writing by the arbitrator 
within 7 days from the day that the directions were given.
(2)  The written direction or the written confirmation of an oral 
direction must be served on the parties.
Determining jurisdiction of arbitrator
26(1)  The arbitrator must consider whether the issues proposed for 
arbitration are matters that could be the subject of an Agreement or 
contract.
(2)  If the arbitrator concludes that an issue proposed for arbitration 
cannot be the subject of an Agreement or contract, the arbitrator shall 
not deal with that issue.
Conduct of arbitration
27   The arbitrator must, with or without preliminary hearings, direct 
the parties as to how the arbitration is to be conducted.
Hearings and evidence
28(1)  The arbitrator must, in conducting an arbitration,
	(a)	hold a hearing in the presence of the parties,
	(b)	consider documentary evidence submitted by a party or a 
party's legal counsel or other representative,
	(c)	hear oral evidence, and
	(d)	consider arguments submitted by a party or the party's legal 
counsel or other representative.
(2)  Notwithstanding subsection (1), if the arbitrator considers it 
appropriate, the arbitrator may dispense with a hearing but must
	(a)	consider written submissions, documentary evidence and 
written arguments submitted by the parties or the party's 
legal counsel or other representative, and
	(b)	review and examine any matters referred to the arbitrator, as 
the arbitrator considers necessary.
(3)  The parties or their legal counsel or other representative are 
entitled to be present at any review and examination conducted by the 
arbitrator under subsection (2)(b).
(4)  If the arbitrator is to hold a hearing, the arbitrator must notify the 
parties in writing of the date, time and place for the hearing.
(5)  Subject to an adjournment being granted, the hearing must be held 
daily until the arbitration is concluded.
Attendance at hearing
29   Unless the arbitrator, after consulting with the parties, orders 
otherwise, only the following persons may be present at a hearing:
	(a)	the arbitrator;
	(b)	the arbitrator's officers and employees;
	(c)	each party;
	(d)	subject to section 30, legal counsel or other representatives of 
the parties and the arbitrator;
	(e)	the witnesses;
	(f)	officers or members of the Council.
Representation
30(1)  Unless otherwise agreed to by the parties and approved by the 
arbitrator, any party may be represented at any stage of the 
proceedings by legal counsel or other representative if the notice of the 
intended representation is given in writing to the arbitrator and to the 
other party in sufficient time for each of them to be able to arrange to 
be similarly represented.
(2)  If a party is represented in accordance with subsection (1), 
	(a)	the party must instruct its legal counsel or other 
representative, and
	(b)	the party may only participate in the proceedings as a 
witness.
(3)  If a person appears at a hearing as a representative, that person is 
not precluded from appearing as a witness at that hearing.
(4)  If a party has not, in the opinion of the arbitrator, given notice in 
accordance with subsection (1), the arbitrator may adjourn the hearing 
so that subsection (1) is complied with in a manner satisfactory to the 
arbitrator.
Adjournment of hearing
31   The arbitrator may, for any reason that the arbitrator considers 
appropriate, adjourn a hearing at any time prior to the commencement 
of the hearing or at any time during the hearing. 
Failure to attend
32(1)  If any party or the party's legal counsel or other representative 
fails to attend a hearing for which notice was served by the arbitrator, 
the arbitrator may, on any conditions that the arbitrator considers 
appropriate,
	(a)	adjourn the hearing for not more than 7 days, and
	(b)	at the conclusion of the adjournment, proceed to hear and 
determine the matter whether or not the party in respect of 
whom the adjournment was granted attends or is represented.
(2)  Written notice of the date for the adjourned hearing and of the 
arbitrator's intention to proceed must be served forthwith on both 
parties by the arbitrator.
Evidence
33(1)  Unless otherwise agreed to by the parties, the arbitrator must 
require witnesses to be examined on oath or affirmation.
(2)  The arbitrator may set the terms and conditions under which 
evidence may be given.
Production of documents
34   The arbitrator may direct the parties to produce to the arbitrator 
the documents, correspondence, books and records in their possession 
or under their control that, in the opinion of the arbitrator, are relevant 
to the dispute.
Conclusions
35   The arbitrator is entitled to use the arbitrator's own technical 
knowledge, skills and general knowledge when reaching conclusions 
based on the arbitrator's inspections under section 28(2), 
considerations and evaluation of the evidence.
Determination in writing
36   The arbitrator must
	(a)	make a decision in writing as soon as practicable, and
	(b)	notify the parties of it.
Incorporation of settlement into determination
37(1)  If the parties settle on any issue under arbitration, they must 
notify the arbitrator of the settlement and the arbitrator must 
incorporate the settlement into the arbitrator's decision.
(2)  If the parties' settlement does not resolve all the issues in dispute, 
the outstanding issues are the issues on which the arbitrator must make 
a decision.
Settlement terminating arbitration
38   If, before the publication of the arbitrator's decision, the parties 
themselves settle all the issues in dispute, they must immediately 
notify the arbitrator in writing and the arbitrator must accept the notice 
as terminating the arbitration proceedings.
Arbitration determination final
39   Subject to the Act, a decision of the arbitrator is final and binding 
on
	(a)	the Board and the licensed processor, and
	(b)	every licensed producer
to the extent that they choose to produce, market or process the 
regulated product in the area of Alberta to which the Plan applies.
Fees and expenses of arbitrator
40   The parties must share equally the fees and expenses of the 
arbitrator.
Part 6 
Board Power
Arbitration not initiated
41(1)  If the members of the Agency do not refer an uneffected 
Agreement or specific issues in it to either mediation or arbitration, or 
both, in accordance with this Regulation,
	(a)	the Board may determine the minimum prices that must be 
paid to licensed producers for the regulated product or any 
class, variety, grade, size or kind of the regulated product, 
and 
	(b)	if the Board makes a determination pursuant to clause (a), the 
Board must issue an order to that effect.
(2)  An order issued pursuant to subsection (1)(b) is binding on the 
licensed processors and the licensed producers.
Part 7 
Repeal and Expiry
Repeal
42   The Vegetable Negotiating Agency Regulation (AR 63/94) is 
repealed.
Expiry
43   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, 2015.



Alberta Regulation 26/2008
Oil and Gas Conservation Act
OIL AND GAS CONSERVATION AMENDMENT REGULATION
Filed: January 31, 2008
For information only:   Made by the Energy Resources Conservation Board on 
January 28, 2008 pursuant to section 73 of the Oil and Gas Conservation Act. 
1   The Oil and Gas Conservation Regulations (AR 151/71) 
are amended by this Regulation.

2   Section 16.530(1) is repealed and the following is 
substituted:
16.530(1)  For the 2008-2009 fiscal year of the Board the orphan 
fund levy payable by a licensee is calculated in accordance with the 
following formula:
Levy = x $12 000 000 
 
where
	A	is the licensee's deemed liability on February 2, 2008 for all 
facilities, wells and unreclaimed sites licensed to the licensee, 
as calculated in accordance with Directive 006, and
	B	is the sum of the industry's liability on February 2, 2008 for 
all licensed facilities, wells and unreclaimed sites, as 
calculated in accordance with Directive 006.

3   The heading to Part 18 is repealed and the following is 
substituted:
Part 18 
Repeal, Expiry and Coming into Force

4   The following is added after section 18.010:
18.015   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, 2018.



ERRATUM
Alberta Regulation 260/2007 as published in The Alberta Gazette of January 15, 2008 
(vol. 104 no. 1 p.913) is incorrect.  AR 260/2007 reads as follows:
1   The Cattle Marketing Regulation (AR 204/98) is amended 
by this Regulation.

2   Section 13 is amended by striking out "July 1, 2008" and 
substituting "March 31, 2009".