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Alberta Regulation 26/2009
Fair Trading Act
DIRECT SALES CANCELLATION AND EXEMPTION 
AMENDMENT REGULATION
Filed: February 17, 2009
For information only:   Made by the Minister of Service Alberta (M.O. SA:002/2009) 
on February 11, 2009 pursuant to section 25 of the Fair Trading Act. 
1   The Direct Sales Cancellation and Exemption Regulation 
(AR 191/99) is amended by this Regulation.

2   Section 4(i) is amended by striking out "Alberta" and 
substituting "Canada".


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Alberta Regulation 27/2009
Municipal Government Act
CENTRAL WASTE MANAGEMENT COMMISSION 
AMENDMENT REGULATION
Filed: February 18, 2009
For information only:   Made by the Lieutenant Governor in Council (O.C. 53/2009) 
on February 18, 2009 pursuant to section 602.02 of the Municipal Government Act. 
1   The Central Waste Management Commission Regulation 
(AR 161/2007) is amended by this Regulation.

2   Section 2 is amended
	(a)	by repealing clause (a);
	(b)	by repealing clause (d);
	(c)	by repealing clause (g);
	(d)	by repealing clause (i);
	(e)	by repealing clause (l);
	(f)	by repealing clause (m).


Alberta Regulation 28/2009
Employment Pension Plans Act
EMPLOYMENT PENSION PLANS AMENDMENT REGULATION, 2009
Filed: February 18, 2009
For information only:   Made by the Lieutenant Governor in Council (O.C. 54/2009) 
on February 18, 2009 pursuant to section 87 of the Employment Pension Plans Act. 
1   Schedule 0.2 to the Employment Pension Plans 
Regulation (AR 35/2000) is amended by this Regulation.

2   Section 3 is amended
	(a)	by adding the following before subsection (1):
SMEPPs and section 48(3)(c) - solvency moritoria
3(0.05)  In this section and in section 3.3, "suspension period" 
means the period for which payments are suspended under 
subsection (1) as extended, if applicable, by subsection (1.1), 
or under subsection (1.2), as the case may be.
	(b)	in subsection (1)(a) by adding "and cost certificate" 
after "report";
	(c)	by adding the following after subsection (1):
(1.1)  Notwithstanding anything in subsection (1), where the 
Superintendent granted a consent under subsection (1) whose 
term ended at any time in 2008, the employer's right to a 
suspension of payments under that subsection is automatically 
extended, without any break, until the end of 2011 on the 
conditions set out in subsection (1)(a) and (b) and on any other 
conditions that are or have been set in writing by the 
Superintendent.
(1.2)  The administrator of a specified multi-employer plan 
may, at any time before 2012, apply to the Superintendent in 
the form and manner required by the Superintendent for, and 
the Superintendent may in writing, consent to the plan's 
suspending payments that an employer is or was required by 
section 48(3)(c) of this Regulation to pay into the plan after 
August 31, 2008 for the period, not exceeding 3 years from the 
date before 2011 that is specified in the consent, on the 
conditions set out in subsection (1)(a) and (b) and on any other 
conditions set in writing by the Superintendent.
	(d)	in subsection (2) by striking out "(1)" and 
substituting "(1.2)";
	(e)	in subsection (3)
	(i)	by striking out "(1)" and substituting "(1.2);
	(ii)	in clause (a) by striking out "as at the review date, 
not being before December 31, 2005" and 
substituting "and cost certificate as at the review 
date, not being before August 31, 2008";
	(f)	in subsection (4) by striking out "prepared under 
subsection (1)" and substituting "and cost certificate 
prepared under subsection (1), (1.1) or (1.2), as the case may 
be";
	(g)	in subsection (5)
	(i)	by striking out "(1) cancelled" and substituting 
"(1), (1.1) or (1.2) cancelled";
	(ii)	by striking out "referred to in subsection (1)(a)" and 
substituting "and cost certificate prepared under 
subsection (1), (1.1) or (1.2), as the case may be";
	(h)	in subsection (6)
	(i)	 by adding ", (1.1) or (1.2)" after "(1)";
	(ii)	in clause (b) by adding "and cost certificate" after 
"report";
	(iii)	in clause (c) by striking out "while the suspension 
continues" and substituting "during the suspension 
period";
	(iv)	in clause (e) by striking out "of the" and 
substituting "of this".

3   The following is added after section 3:
Non-SMEPPs and section 48(3)(c) - solvency moratorium
3.1(1)  In this section and in section 3.3, "suspension period" means 
the period for which payments are suspended under subsection (2).
(2)  The administrator of a pension plan with defined benefit 
provisions that is not a specified multi-employer plan may, at any 
time before 2010, apply to the Superintendent in the form and 
manner required by the Superintendent for, and the Superintendent 
may in writing, consent to the plan's suspending payments that an 
employer is or was required by section 48(3)(c) of this Regulation to 
pay into the plan for the 3-year period following the review date for 
the actuarial valuation report and cost certificate submitted under 
subsection (4)(a), on condition that,
	(a)	as soon as the suspension period ends, the administrator will 
have an actuarial valuation report and cost certificate 
prepared that will identify the solvency deficiency, if any, as 
at that time, show the funded and solvency status of the plan 
and otherwise meet the requirements of the Superintendent, 
and
	(b)	if a solvency deficiency exists, it will be amortized within 5 
years from the end of that period.
(3)  An administrator may make only one application in total under 
subsection (2).
(4)  The administrator must submit, along with the application under 
subsection (2),
	(a)	the actuarial valuation report and cost certificate, as at the 
review date, not being before September 1, 2008 or after 
December 31, 2009, to which the application relates, and
	(b)	any other documents required by the Superintendent.
(5)  The administrator shall, within 180 days after the end of the 
suspension period, file the actuarial valuation report and cost 
certificate prepared under subsection (2)(a).
(6)  An administrator who wishes to have the suspension under 
subsection (2) cancelled may do so within the suspension period by 
notifying the Superintendent in writing of that intention and by filing 
an actuarial valuation report and cost certificate referred to in 
subsection (2)(a).
(7)  The Superintendent's consent under subsection (2) applies or 
continues to apply only if
	(a)	section 48, including the testing required by section 48(2), of 
the Act and, subject to subsection (8), section 48 of this 
Regulation and the other provisions of this section continue 
to be complied with,
	(b)	the results of that testing are reported in each actuarial 
valuation report and cost certificate,
	(c)	no benefits are improved during the suspension period,
	(d)	a schedule is adopted to amortize each unfunded liability 
established on or after the review date to which the 
application relates over a period not exceeding 10 years from 
its establishment and to amortize each unfunded liability that 
was established previously over the lesser of 10 years from 
the review date to which the application relates and the 
remainder of the 15-year amortization period under which it 
was initially established, and
	(e)	any other relevant conditions imposed by the Superintendent 
under section 4.1 of this Regulation are complied with.
(8)  This section applies notwithstanding anything in section 48 of 
this Regulation.
(9)  When a person becomes entitled to receive a benefit payment, 
other than an ongoing pension payment, from the pension plan and 
during the suspension period, the employer must
	(a)	make one single lump sum payment to the plan in an amount 
that is equal to any transfer deficiency that exists and to the 
extent that it relates to the person, before making the 
payment to or on behalf of the person, or
	(b)	include a payment in the same amount in the next remittance 
of contributions.
All plans and section 48(3)(c) - extension of 5-year period
3.2(1)  In this section and in section 3.3, "extension period" means 
the maximum 10-year period over which the Superintendent allows 
payments to be made under subsection (2).
(2)  An administrator may, with respect to a solvency deficiency 
specified in subsection (3), apply to the Superintendent in the form 
and manner required by the Superintendent for, and the 
Superintendent may in writing, consent to the plan's making 
payments that an employer is or was required by section 48(3)(c) of 
this Regulation to pay into the plan over a period not exceeding 10 
rather than 5 years from the review date referred to in subsection (3) 
and that is specified in the consent, on the conditions specified in this 
section.
(3)  The solvency deficiency referred to in subsection (2) must be 
one created after August 31, 2008 and before 2010 and identified in 
an actuarial valuation report and cost certificate that
	(a)	are prepared as of a review date between September 1, 2008 
and December 31, 2009,
	(b)	show the solvency deficiency as at that review date, and
	(c)	meet the other requirements set in writing by the 
Superintendent.
(4)  An administrator may make only one application in total under 
subsection (2).
(5)  The administrator must submit, along with the application under 
subsection (2),
	(a)	the actuarial valuation report and cost certificate to which the 
application relates and that complies with subsection (3), and
	(b)	any other documents required by the Superintendent.
(6)  When a person becomes entitled to receive a benefit payment, 
other than an ongoing pension payment, from the pension plan and 
during the extension period, the employer must
	(a)	make one single lump sum payment to the plan in an amount 
that is equal to any transfer deficiency that exists and to the 
extent that it relates to the person, before making the 
payment to or on behalf of the person, or
	(b)	include a payment in the same amount in the next remittance 
of contributions.
(7)  An administrator who wishes to revert to the 5-year application 
of section 48(3)(c) of this Regulation may do so within the extension 
period by notifying the Superintendent in writing of that intention 
and by filing an actuarial valuation report and cost certificate that 
reflect the change in the amortization schedule and meet the 
requirements of section 48 of this Regulation and section 48 of the 
Act.
(8)  The Superintendent's consent under subsection (2) applies or 
continues to apply only if
	(a)	section 48, including the testing required by section 48(2), of 
the Act and, subject to subsection (9), section 48 of this 
Regulation and the other provisions of this section continue 
to be complied with,
	(b)	the results of that testing are reported in each actuarial 
valuation report and cost certificate, and
	(c)	any other relevant conditions imposed by the Superintendent 
under section 4.1 of this Regulation are complied with.
(9)  This section applies notwithstanding anything in section 48 of 
this Regulation.
(10)  Section 2(2)(b)(ii)(B) of this Regulation is to be treated as 
amended by adding "(or, where applicable, any extension period as 
defined in section 3.2(1) of Schedule 0.2)" after "date".
Addition, amendment and removal of conditions
3.3   The Superintendent may in writing add further conditions or 
amend or remove conditions to or respecting a consent under 
section 3, 3.1 or 3.2 or the conditions set under section 3(1.1) at 
any time after the consent is originally given or the conditions set, 
and during the relevant suspension period or extension period, as 
the case may be.

4   This Regulation is retroactive to the extent necessary to 
achieve its purposes.


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Alberta Regulation 29/2009
Labour Relations Code
MARKET ENHANCEMENT RECOVERY FUND 
DISTRIBUTION REGULATION
Filed: February 18, 2009
For information only:   Made by the Lieutenant Governor in Council (O.C. 57/2009) 
on February 18, 2009 pursuant to section 148.2 of the Labour Relations Code. 
Table of Contents
	1	Definitions
	2	Requirements to report market enhancement recovery funds
	3	Information to be disclosed in report
	4	Distribution of market enhancement recovery funds
	5	Compelling disclosure
	6	Expiry
	7	Coming into force
Definitions
1   In this Regulation,
	(a)	"construction contractor" means construction contractor as 
defined in section 148.1 of the Act;
	(b)	"market enhancement recovery fund" means market 
enhancement recovery fund as defined in section 148.1 of the 
Act;
	(c)	"trade union trust" means trade union trust as defined in 
section 148.1 of the Act;
	(d)	"trustee" means a trustee of a trade union trust.
Requirements to report market enhancement recovery funds 
2(1)  Every trade union, and every trustee, that
	(a)	is a signatory to
	(i)	a collective agreement that contemplates or references 
contributions to a market enhancement recovery fund, 
or
	(ii)	a trust agreement that establishes or maintains a market 
enhancement recovery fund,
		or
	(b)	maintains a market enhancement recovery fund,
shall file a disclosure report with the Board.
(2)  A disclosure report must be filed within 30 days from the 
following:
	(a)	the coming into force of section 148.2 of the Act, if the 
market enhancement recovery fund was established before 
that date;
	(b)	the date the market enhancement recovery fund is 
established, if it is established on or after the date of the 
coming into force of section 148.2 of the Act.
(3)  Where it comes to the attention of the Board that a trade union or 
trustee has not filed a disclosure report in accordance with subsection 
(2), the Board shall, by notice in writing, require the trade union or 
trustee, as the case may be, to file a disclosure report with the Board 
within 30 days after receiving the notice.
Information to be disclosed in report
3   The following must be included in a disclosure report filed under 
section 2:
	(a)	the name of the trade union and a contact person for the trade 
union;
	(b)	the name and position of the person who completed the 
disclosure report;
	(c)	the name of the market enhancement recovery fund;
	(d)	copies of any collective agreement, trust agreement, contract 
or other agreement that contain provisions respecting 
contributions to, or the winding-up of, the market 
enhancement recovery fund;
	(e)	the names of the trustees of the market enhancement 
recovery fund or any other persons who have control of the 
fund; 
	(f)	whether any contributions to the market enhancement 
recovery fund were made in compliance with section 148.1 
of the Act;
	(g)	the value of the market enhancement recovery fund as of the 
date on which the disclosure report was completed;
	(h)	any other details or documents required by the Board;
	(i)	a statutory declaration in the form required by the Board 
made by the person who completed the disclosure report 
stating that the disclosure report is true, accurate and 
complete to the best of the person's knowledge.
Distribution of market enhancement recovery funds
4(1)  Where the Board determines that a market enhancement recovery 
fund contains amounts that must be distributed pursuant to section 
148.2 of the Act and those funds can be distributed in accordance with 
section 148.2(3)(a) of the Act, the trade union or trustee, as the case 
may be, shall distribute the funds in accordance with section 
148.2(3)(a) within 6 months of the Board's determination.
(2)  Where the Board determines that a market enhancement recovery 
fund contains amounts that must be distributed pursuant to section 
148.2 of the Act and those funds cannot be distributed in accordance 
with section 148.2(3)(a) of the Act, the funds shall be transferred by 
the trade union or trustee, as the case may be, within 6 months of the 
Board's determination to another fund of the same trade union or trade 
union trust, notwithstanding the provisions of any collective agreement 
or trade union trust, in such a manner that the funds cannot be used to 
subsidize the bids, tenders, fees or prices of a construction contractor 
or the wages paid to the employees of a construction contractor.
(3)  The Board may, on application to the Board, extend the time under 
subsection (1) or (2).
(4)  The trade union, trustee or person acting on behalf of the trade 
union or trustee shall, as soon as possible after a distribution pursuant 
to subsection (1) or a transfer pursuant to subsection (2) has been 
made, provide to the Board evidence satisfactory to the Board that the 
applicable subsection has been complied with.
(5)  Where the Board is satisfied that the applicable subsection has 
been complied with, the Board may make an order declaring that no 
further distribution under section 148.2 of the Act is required.
(6)  Despite subsection (5), if, during a distribution pursuant to 
subsection (1) or a transfer pursuant to subsection (2), the Board is 
presented with evidence that the funds no longer meet the definition of 
a market enhancement recovery fund, the Board may make an order 
declaring that there are no remaining funds to be distributed in 
accordance with section 148.2 of the Act.
Compelling disclosure
5(1)  The Board may make orders compelling persons with 
information
	(a)	that is relevant to the establishment or winding-up of a 
market enhancement recovery fund, or
	(b)	about contributions made to a market enhancement recovery 
fund,
to disclose that information for the purposes of this Regulation and 
section 148.2 of the Act.
(2)  In addition to the powers of the Board and officers under the Act, 
the Board or an officer may for the purposes of this Regulation and 
section 148.2 of the Act
	(a)	make any inquiries, investigations and inspections the Board 
considers necessary,
	(b)	inspect and examine all books, records, documents, papers, 
payrolls, contracts or other records of a construction 
contractor, an employee of a construction contractor, a trade 
union, a trustee or any other person relating to 
	(i)	a market enhancement recovery fund, 
	(ii)	contributions to a market enhancement recovery fund, 
or 
	(iii)	deductions made from the wages of an employee that 
are remitted to a trade union or trade union trust or any 
person acting on behalf of a trade union or trade union 
trust,
	(c)	by notice in writing demand the production, either forthwith 
or at a date, place and time specified in the notice, of any 
books, records, documents, papers, payrolls, contracts or 
other records relating to 
	(i)	a market enhancement recovery fund, 
	(ii)	contributions to a market enhancement recovery fund, 
or 
	(iii)	deductions made from the wages of an employee that 
are remitted to a trade union or trade union trust or any 
person acting on behalf of a trade union or trade union 
trust,
	(d)	take extracts from or make copies of books, records, 
documents, papers, payrolls, contracts of employment and 
any other records relating to 
	(i)	a market enhancement recovery fund, 
	(ii)	contributions to a market enhancement recovery fund, 
or 
	(iii)	deductions made from the wages of an employee that 
are remitted to a trade union or trade union trust or any 
person acting on behalf of a trade union or trade union 
trust,
	(e)	require a construction contractor, an employee of a 
construction contractor, a trade union, a trustee or any other 
person acting on behalf of any of them to make, furnish or 
produce full and correct statements either orally or in writing 
respecting information that must be disclosed in accordance 
with this Regulation, and may require the statements to be 
made on oath or to be verified by statutory declaration, and
	(f)	post or require any construction contractor, trade union, 
trustee, employee or other person to post any notices or other 
communications of the Board at the locations that the Board 
or officer, as the case may be, considers advisable.
(3)  For the purposes of this Regulation and section 148.2 of the Act, 
an officer may, in the execution of the officer's duties, enter, inspect 
and examine at all reasonable times any premises or other place, other 
than a private dwelling, in which the officer has reason to believe that 
books, records, documents, papers, payrolls, contracts or other records 
referred to in this section are located.
Expiry
6   For the purpose of ensuring that this Regulation is reviewed for 
ongoing relevancy and necessity, with the option that it may be 
repassed in its present or an amended form following a review, this 
Regulation expires on January 31, 2014.
Coming into force
7   This Regulation comes into force on the coming into force of 
section 148.2 of the Act.


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Alberta Regulation 30/2009
Dairy Industry Omnibus Act, 2002
ALBERTA MILK RECORDS TRANSFER AMENDMENT REGULATION
Filed: February 18, 2009
For information only:   Made by the Lieutenant Governor in Council (O.C. 60/2009) 
on February 18, 2009 pursuant to section 1(12) of the Dairy Industry Omnibus Act, 
2002. 
1   The Alberta Milk Records Transfer Regulation 
(AR 148/2002) is amended by this Regulation.

2   Section 3 is amended by striking out "February 28, 2009" 
and substituting "February 28, 2014".


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Alberta Regulation 31/2009
Marketing of Agricultural Products Act
ALBERTA MILK RECORDS DISCLOSURE AMENDMENT REGULATION
Filed: February 18, 2009
For information only:   Made by the Lieutenant Governor in Council (O.C. 61/2009) 
on February 18, 2009 pursuant to section 12 of the Marketing of Agricultural 
Products Act. 
1   The Alberta Milk Records Disclosure Regulation 
(AR 149/2002) is amended by this Regulation.

2   Section 3 is amended by striking out "February 28, 2009" 
and substituting "February 28, 2014".


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Alberta Regulation 32/2009
Private Investigators and Security Guards Act
PRIVATE INVESTIGATORS AND SECURITY GUARDS 
AMENDMENT REGULATION
Filed: February 18, 2009
For information only:   Made by the Lieutenant Governor in Council (O.C. 78/2009) 
on February 18, 2009 pursuant to section 24 of the Private Investigators and Security 
Guards Act. 
1   The Private Investigators and Security Guards 
Regulation (AR 71/91) is amended by this Regulation.

2   Section 17.1 is amended by striking out "March 31, 2009" 
and substituting "March 31, 2011".


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Alberta Regulation 33/2009
Alberta Personal Property Bill of Rights
EXEMPTION AMENDMENT REGULATION
Filed: February 18, 2009
For information only:   Made by the Lieutenant Governor in Council (O.C. 81/2009) 
on February 18, 2009 pursuant to section 5 of the Alberta Personal Property Bill of 
Rights. 
1   The Exemption Regulation (AR 125/99) is amended by 
this Regulation.

2   Section 2 is amended by repealing clause (f).

3   Section 3 is amended
	(a)	by adding the following after clause (c):
	(c.1)	section 6 of the Alberta Centennial Medal Act;
	(b)	by repealing clause (k);
	(c)	by adding the following after clause (l):
	(l.1)	the taking of samples of fish in carrying out an 
inspection under section 40 of the Fisheries (Alberta) 
Act;
	(d)	in clause (n) by striking out "section 32" and 
substituting "sections 32 and 33";
	(e)	by adding the following after clause (p):
	(p.1)	the closure of any land to public entry under section 14 
of the Forest and Prairie Protection Act;
	(f)	in clause (q) by striking out "section 26" and 
substituting "sections 25 and 26";
	(g)	in clause (r) by striking out "by the Minister";
	(h)	by adding the following after clause (r):
	(r.1)	the starting of any fires under section 29 of the Forest 
and Prairie Protection Act;
	(i)	in clause (s.1) by striking out "31 and 31.1" and 
substituting "21, 24, 31, 31.1, 31.2, 31.4 and 37.2";
	(j)	in clause (t) by striking out "section 25" and 
substituting "sections 12, 19, 22, 25, 29, 32 and 33";
	(k)	by adding the following after clause (v):
	(v.1)	section 20 of the Glenbow-Alberta Institute Act;
	(l)	by adding the following after clause (w):
	(w.1)	sections 53.2(1)(c) and 53.3(1)(a)(iii) of the Health 
Professions Act;
	(m)	in clause (aa) by striking out "section 10(k)" and 
substituting "section 12(k)";
	(n)	by repealing clause (bb);
	(o)	by adding the following before clause (kk):
	(jj.1)	section 21(5), (6) and (9) of the Pharmacy and Drug 
Act;
	(jj.2)	any property that becomes the property of the Crown as 
a result of the operation of section 9 or 9.1 of the 
Provincial Parks Act;
	(p)	in clause (mm.1) by striking out "section 29" and 
substituting "sections 29, 59(2)(d), 60(c) and 66(1)(m)".

4   Section 4 is amended
	(a)	in clause (a)
	(i)	by adding the following after subclause (i):
	(i.1)	any proceedings taken respecting a certificate 
issued under section 93 of the Hospitals Act;
	(ii)	by repealing subclause (iii);
	(b)	in clause (e) by adding ", the Hospitals Act" after "the 
Tourism Levy Act".

5   Section 5 is amended in clause (a.1) by striking out "AR 
51/73" and substituting "AR 42/2003".

6   Section 6.1 is amended
	(a)	by repealing clause (d) and substituting the 
following:
	(d)	sections 13, 14, 16, 19, 20, 27 to 29, 45, 46, 54, 60, 61 
and 63 and Schedule 2 to the Exploration Regulation 
(AR 284/2006);
	(b)	in clause (f) by striking out "12 and 13" and 
substituting "10 to 13 and 29";
	(c)	by repealing clause (i);
	(d)	in clause (l) by striking out "25, 28, 35, 36, 40, 43, 44, 
55, 57, 69, 74, 92 to 97, 102, 104, 115 and 120" and 
substituting "24, 25, 35, 36, 40, 43, 44, 55, 57, 58, 69 to 
72, 74, 83, 89, 92 to 97, 100, 103, 104, 108, 113, 115, 116, 
120, 124.2, 124.4 and 124.8".
7   Section 7 is amended by striking out "2009" and 
substituting "2017".


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Alberta Regulation 34/2009
Regulations Act
REGULATIONS ACT AMENDMENT REGULATION
Filed: February 18, 2009
For information only:   Made by the Lieutenant Governor in Council (O.C. 82/2009) 
on February 18, 2009 pursuant to section 8 of the Regulations Act. 
1   The Regulations Act Regulation (AR 288/99) is amended 
by this Regulation.

2   Section 17(1) is amended by adding the following after 
clause (s.1):
	(s.2)	all orders of the Minister under section 2(3) of the Oil Sands 
Allowed Costs (Ministerial) Regulation (AR 231/2008);
	(s.3)	all orders of the Minister under section 1(4) of the Bitumen 
Valuation Methodology (Ministerial) Regulation 
(AR 232/2008);

3   Section 19 is repealed.


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Alberta Regulation 35/2009
Traffic Safety Act
COMMERCIAL VEHICLE CERTIFICATE AND INSURANCE (AUTHORITY 
TRANSFER 2008) AMENDMENT REGULATION
Filed: February 18, 2009
For information only:   Made by the Minister of Transportation (M.O. 42/08) on 
December 16, 2008 pursuant to section 156 of the Traffic Safety Act. 
1   Subject to section 25, the Commercial Vehicle Certificate 
and Insurance Regulation (AR 314/2002) is amended by this 
Regulation.
2   Section 1 is amended
	(a)	by repealing clause (c);
	(b)	by adding the following after clause (d):
	(d.1)	"federal legislation" means the Motor Vehicle Transport 
Act, 1987 (Canada), and includes the regulations under 
that Act;
	(c)	by repealing clause (e) and substituting the 
following:
	(e)	"jurisdiction outside Alberta" means any jurisdiction 
(other than Alberta) of Canada, of the United States of 
America or of Mexico;
	(d)	in clause (f) by adding "or issuable" after "issued";
	(e)	by adding the following after clause (f):
	(f.1)	"operator profile" means the profile established and 
maintained in respect of a person under section 36.1(1);
	(f)	in clause (h) by striking out "by the Registrar" and 
substituting "or issuable by the Registrar under the Act or 
the federal legislation";
	(g)	by adding the following after clause (h):
	(h.1)	"safety fitness rating" means
	(i)	a safety fitness rating assigned or assignable by the 
Registrar under Part 4, or
	(ii)	where reference is made to a rating in a 
jurisdiction outside Alberta, an equivalent rating 
assigned by the appropriate official under the laws 
of such a jurisdiction;
	(h)	by adding the following after clause (i):
	(j)	"transportation legislation" is to be construed in 
accordance with section 132 of the Act.

3   The following is added after section 1:
Agreements
1.1   Without limiting any power that the Minister has under 
section 10 of the Government Organization Act, the Minister may 
enter into any written agreements that are required for the effective 
administration of matters to which this Regulation or the federal 
legislation or both relate and may, in any such agreement, grant 
any exemptions from the provisions of this Regulation that are 
required for the implementation of any such agreements.
Collection and disclosure of personal information
1.2(1)  Without limiting the application of any other provisions of 
this Regulation allowing or requiring the collection of personal 
information, the Registrar may collect personal information that is 
necessary to enable the Registrar to carry out and exercise the 
Registrar's duties, functions and powers under this Regulation with 
respect to
	(a)	applications and the effects of applications (including 
notifications of their results),
	(b)	certificates,
	(c)	verification that insurance requirements are met,
	(d)	safety fitness ratings,
	(e)	any permits issued under the federal legislation or the 
Act,
	(f)	inspections,
	(g)	appeals,
	(h)	operator profiles, and
	(i)	administrative penalties.
(2)  The following persons are required or allowed, as the case may 
be, to disclose to the Registrar personal information contemplated 
by the following provisions or matters respectively listed:
	(a)	an insurer or, so far as applicable, an insurance agent or 
adjuster within the meaning of the Insurance Act, with 
respect to information covered by sections 4(1)(g), 
12(2), 20(2)(g), 26 and 29;
	(b)	an applicant for a certificate or a permit, with respect to 
matters required or allowed by this Regulation to be 
included in the application;
	(c)	the holder of a certificate, with respect to section 12(2);
	(d)	the directors of a corporation, with respect to section 
48(2).
(3)  Personal information may be collected, with respect to this 
Regulation, from a person other than the individual that 
information is about where
	(a)	that other person is required or allowed to disclose that 
information under subsection (2), or
	(b)	its collection from that individual is impracticable, and 
from that other person is necessary or unavoidable, in 
the light of the Registrar's duties or functions under this 
Regulation.
(4)  In this section, "personal information" means personal 
information about an identifiable individual.

4   Section 3 is amended by repealing subsection (2).

5   The following is added after section 3:
Safety fitness certificates under federal or provincial legislation
3.1(1)  This section applies with respect to a registered owner who 
has one or more commercial vehicles
	(a)	for which a certificate or certificates of registration are 
issuable or have been issued for a gross weight of 4501 
kilograms or more, and
	(b)	which are intended to operate to any extent outside 
Alberta.
(2)  Without limiting the applicability of any other provisions of 
this Regulation, the federal legislation applies with respect to 
operators and commercial vehicles referred to in subsection (1).
(3)  The Registrar is the provincial authority for Alberta referred to 
in section 7(1) of the federal legislation.
(4)  The Registrar shall prepare and make available for production 
to members of the public, on request, written criteria respecting the 
proof required for determining whether a safety fitness certificate is 
to be issued under the Act or under the federal legislation.
(5)  On an application for a safety fitness certificate, the Registrar 
shall determine, in accordance with the criteria referred to in 
subsection (4), whether issuance of the certificate is required by or 
under the Act or the federal legislation.
(6)  If a safety fitness certificate is required by or under the federal 
legislation for the operation of a commercial vehicle in Alberta, the 
registered owner of the commercial vehicle shall apply to the 
Registrar for a safety fitness certificate under the federal legislation 
authorizing its operation.

6   Section 5 is amended
	(a)	by renumbering it as section 5(1);
	(b)	in subsection (1) by striking out "commercial vehicle";
	(c)	by adding the following after subsection (1):
(2)  Where a registered owner has a satisfactory rating, the 
Registrar may upgrade that rating to excellent if the Registrar 
considers, based on criteria he or she establishes in writing, that 
all or any of the matters needed for a satisfactory rating are 
exceeded to the extent so established.

7   Section 10 is amended
	(a)	in subsection (2)(f) by striking out "Board" and 
substituting "Registrar";
	(b)	in subsection (3) by striking out "Motor Vehicle 
Transport Act, 1987 (Canada)" and substituting "federal 
legislation".

8   Section 11(2) is amended in clause (f) by striking out "or 
the Board".

9   Section 12(1) and (2) are amended by striking out "or the 
Board".

10   Section 14 is amended by striking out "Board may 
recommend to the Registrar that the Registrar impose any term or 
condition" and substituting "Registrar may impose any term or 
condition that".

11   Section 15(1) is amended by repealing clause (c).

12   Section 17 is repealed and the following is substituted:
Cancellation or amendment of certificate for lack of exercise
17   If the Registrar is of the opinion that the authority conferred 
by an operating authority certificate has not been exercised or has 
not been fully exercised within 6 months from the date of issue of 
the certificate, or during any period of 12 consecutive months, the 
Registrar may,
	(a)	if the authority was not exercised at all, cancel the certificate, 
or
	(b)	if it was, change the certificate to suit the extent to which that 
authority was exercised.

13   Section 30 is amended by striking out "Motor Vehicle 
Transport Act, 1987 (Canada)" wherever it occurs and 
substituting "federal legislation".

14   Section 33(2)(a) is amended by adding "is or" before "has 
been".

15   Section 34 is amended
	(a)	in subsection (1)
	(i)	by striking out "The" and substituting "Subject to 
this section, the";
	(ii)	by adding "follows:" after "certificate as";
	(b)	by adding the following after subsection (2):
(2.1)  Where a registered owner has a satisfactory rating, the 
Registrar may upgrade that rating to excellent if the Registrar 
considers, based on criteria he or she establishes in writing, that 
all or any of the matters referred to in subsection (1)(a)(i) and (ii) 
exceed the criteria needed for a satisfactory rating to the extent so 
established.

16   Section 36 is amended
	(a)	in subsection (1)
	(i)	by striking out "an safety" and substituting "a 
safety";
	(ii)	in clause (a)(i) by striking out "reason;" and 
substituting "reason, and";
	(iii)	in each of clauses (a)(ii) and (b) by striking out 
the semi-colon at the end and substituting a 
comma;
	(iv)	in clause (d) by adding "or suspend" after 
"cancel";
	(b)	by repealing subsection (2) and substituting the 
following:
(2)  Where a person is rated unsatisfactory, whether by the 
Registrar or by a jurisdiction outside Alberta, another 
application for a safety fitness certificate or for an operating 
authority certificate may not be made for at least 6 months after 
the unsatisfactory rating is assigned, unless the applicant 
provides special reasons and the Registrar allows an earlier 
application.

17   The following is added after section 36:
Part 4.1 
Commercial Vehicle 
Operator Profile
Establishing and maintaining of operator profiles
36.1(1)  For the purposes of monitoring the activities and safety 
records of carriers and other persons who engage or have engaged 
in or who carry out or have carried out a related function within the 
meaning of section 144(1) of the Act in relation to the operation of 
commercial vehicles (in this subsection referred to as "relevant 
persons"), the Registrar
	(a)	shall establish and maintain a profile for each relevant 
person who is issued or holds or is required to hold a 
safety fitness certificate, and
	(b)	may establish and maintain a profile for any other 
relevant person.
(2)  Operator profiles may be maintained in electronic or paper 
form, or in both.
Contents of operator profiles
36.2(1)  For any person in respect of whom a safety fitness 
certificate is required and subject to section 36.3, a person's 
operator profile must contain at least the following information 
insofar as it relates to that person, is provided to or obtained by the 
Registrar, is necessary having regard to the purposes of this 
Regulation and the Registrar decides that it should be included in 
the person's operator profile:
	(a)	a record of any conviction for an offence against or 
administrative penalty imposed or other action taken 
under any transportation legislation involving any 
commercial vehicle operated by that person;
	(b)	a record of any accident occurring in or outside Alberta 
involving any commercial vehicle operated by that 
person;
	(c)	a record of any inspection conducted by a peace officer 
in or outside Alberta involving any commercial vehicle 
operated by that person;
	(d)	the person's safety fitness rating;
	(e)	any relevant written communications requiring the 
person to take an action or to cease engaging in conduct 
and the person's written responses to those 
communications;
	(f)	any other information the Registrar considers 
appropriate with a view to maintaining a record of 
safety and compliance with transportation legislation 
with respect to commercial vehicles by their registered 
owner or persons employed or engaged by their 
registered owner or operating commercial vehicles.
(2)  In subsection (1)(b), "accident" means an accident as a result 
of which an individual is injured or dies or the apparent cost to 
repair property damaged as a result equals or exceeds $1000.
Processing of information in operator profiles
36.3(1)  If the Registrar forms the opinion that any information in 
an operator profile is in error, inaccurate or no longer relevant, the 
Registrar shall remove that information from the operator profile.
(2)  Subject to subsection (1), the Registrar may
	(a)	remove information from an operator profile if satisfied 
that neither the registered owner nor a person employed 
or engaged by the registered owner was responsible for 
the incident or matter that generated that information, or
	(b)	include the same information in the operator profiles of 
2 or more persons if satisfied that those persons are 
jointly or that each is partially responsible for the 
incident or matter that generated that information.
Notification about operator profile changes
36.4(1)  Where the Registrar records information in an operator 
profile about a person who is neither the registered owner nor a 
driver employed or engaged by the registered owner of the 
commercial vehicle to which the information relates, the Registrar 
shall notify that person in writing, giving reasons underlying the 
record.
(2)  The person notified may, in writing, request the Registrar to 
reconsider the decision implementing the record, in which case the 
Registrar shall do so and shall make any changes in the decision 
that the Registrar considers necessary and notify the applicant in 
writing of
	(a)	the new decision, with reasons, and
	(b)	if the new decision is adverse, the applicant's right to 
appeal to the Board applying subsection (3), and how to 
make the appeal.
(3)  An applicant referred to in subsection (2)(b) has the right to 
appeal the adverse decision under section 44 of the Act.
Availability of information on operator profile
36.5(1)  A person is entitled to inspect the information maintained 
by the Registrar on that person's own operator profile.
(2)  Section 11.1 of the Act applies with respect to commercial 
vehicles lawfully described or referred to in operator profiles.
Transitional provision
36.6   All records and other information that constituted carrier 
profiles established by the Registrar under the Commercial Vehicle 
Carrier Profile Regulation (AR 99/2007) are to be treated as 
operator profiles established under this Regulation.

18   Section 44 is amended by striking out "or the Board acts 
under the Motor Vehicle Transport Act, 1987 (Canada), the Registrar 
or the Board, as the case may be, must in accordance with that Act" 
and substituting "acts under the federal legislation, the Registrar 
must, in accordance with the federal legislation,".

19   Section 48 is amended by striking out "Board" wherever 
it occurs and substituting "Registrar".

20   Section 49 is amended
	(a)	in subsection (1)
	(i)	by striking out "Board" wherever it occurs and 
substituting "Registrar";
	(ii)	by striking out "recommend approval of" and 
substituting "approve";
	(b)	in subsection (2) by striking out "Board may 
recommend to the Registrar that the Registrar" and 
substituting "Registrar may".

21   Section 51(b) is amended by adding "shall" before 
"notify".

22   Section 56 is amended by striking out "unsatisfactory 
fitness rating" and substituting "unsatisfactory safety fitness rating 
in Alberta or in any jurisdiction outside Alberta".

23   The following is added after section 64:
Validation of Board decisions on  
uncompleted transactions
64.1   Notwithstanding any amendment made by the Commercial 
Vehicle Certificate and Insurance (Authority Transfer 2008) 
Amendment Regulation, any decision made by the Board before the 
commencement of that Regulation with respect to a transaction or 
other matter that was uncompleted or not finalized as at the time of 
that commencement remains fully valid with respect to that 
transaction or matter as if that Regulation had not been enacted.

24(1)  The phrase "a carrier profile" is struck out in the 
following provisions and "an operator profile" is substituted:
section 4(1)(h); 
section 20(2)(h); 
section 33(3).
(2)  The phrase "carrier profile" is struck out wherever it 
occurs in the following provisions and "operator profile" is 
substituted:
section 6(1); 
section 22(1); 
section 33(1)(a); 
section 34(1)(a)(i).

25   The Commercial Vehicle Carrier Profile Regulation 
(AR 99/2007) is repealed.


--------------------------------
Alberta Regulation 36/2009
School Act
EARLY CHILDHOOD SERVICES AMENDMENT REGULATION
Filed: February 24, 2009
For information only:   Made by the Minister of Education (M.O. 007/2009) on 
February 20, 2009 pursuant to section 30(4) of the School Act. 
1   The Early Childhood Services Regulation (AR 31/2002) is 
amended by this Regulation.

2   Section 12 is amended by striking out "March 1, 2009" and 
substituting "March 1, 2014".


--------------------------------
Alberta Regulation 37/2009
School Act
CAPITAL BORROWING AMENDMENT REGULATION
Filed: February 24, 2009
For information only:   Made by the Minister of Education (M.O. 006/2009) on 
February 19, 2009 pursuant to section 183(4) of the School Act. 
1   The Capital Borrowing Regulation (AR 188/98) is 
amended in section 10 by striking out "February 28, 2009" and 
substituting "September 30, 2009".



Alberta Regulation 38/2009
Marketing of Agricultural Products Act
EGG PRODUCTION AND MARKETING AMENDMENT REGULATION
Filed: February 25, 2009
For information only:   Made by the Alberta Egg Producers Board on December 4, 
2008 pursuant to sections 26 and 27 of the Marketing of Agricultural Products Act 
and approved by the Alberta Agricultural Products Marketing Council on December 
19, 2008 pursuant to sections 26 and 27 of the Marketing of Agricultural Products 
Act. 
1   The Egg Production and Marketing Regulation (AR 
293/97) is amended by this Regulation.

2   The following is added after section 1(w):
	(w.1)	"Start Clean-Stay Clean program" means the Canadian Egg 
Marketing Agency's on-farm food safety program for egg 
producers known as Start Clean-Stay CleanTM, as varied from 
time to time;



3   Section 8 is amended
	(a)	in subsection (1) by striking out "or" at the end of 
clause (c) and adding the following after clause (c):
	(c.1)	if the Board is of the opinion that the applicant for a 
licence to operate as a producer
	(i)	lacks the ability to comply with any of the 
requirements of the Start Clean-Stay Clean 
program, or
	(ii)	refuses to comply with any of the requirements of 
the Start Clean-Stay Clean program,
			or
	(b)	by adding the following after subsection (1):
(1.1)  The Board may issue to an applicant referred to in 
subsection (1)(c.1)(i) a licence that is subject to conditions 
respecting assistance, supervision or reduction in quota if the 
Board is of the opinion that, if the applicant complies with the 
conditions, the applicant will be able to comply with the 
requirements of the Start Clean-Stay Clean program.
	(c)	in subsection (2) 
	(i)	in clause (a) by striking out "or" at the end of 
subclause (iv), adding "or" at the end of 
subclause (v), and adding the following after 
subclause (v):
	(vi)	a term or condition of the licence imposed by the 
Board under subsection (1.1) or (2.1) or section 
7(2),
	(ii)	by repealing clause (d) and substituting the 
following:
	(d)	if the licensee is a registered producer and 
	(i)	has stopped producing eggs, or
	(ii)	has failed to comply with any requirements of 
the Start Clean-Stay Clean program,
	(d)	by adding the following after subsection (2):
(2.1)  The Board may choose not to cancel, suspend or refuse to 
renew the licence of a registered producer referred to in 
subsection (2)(d)(ii) and instead may impose conditions on that 
licence respecting assistance, supervision or reduction in quota if 
the Board is of the opinion that, if the registered producer 
complies with the conditions, the registered producer will be able 
to comply with the requirements of the Start Clean-Stay Clean 
program.

4   The following is added after section 10.2:
Minimum possession quota
10.3   The possession quota allotted by the Board to a registered 
producer shall be a minimum of 301 hens.



Alberta Regulation 39/2009
Apprenticeship and Industry Training Act
FLOORCOVERING INSTALLER TRADE AMENDMENT REGULATION
Filed: February 27, 2009
For information only:   Made by the Alberta Apprenticeship and Industry Training 
Board on February 6, 2009 pursuant to section 33(2) of the Apprenticeship and 
Industry Training Act and approved by the Minister of Advanced Education and 
Technology on February 27, 2009 pursuant to section 33(2) of the Apprenticeship and 
Industry Training Act. 
1   The Floorcovering Installer Trade Regulation 
(AR 277/2000) is amended by this Regulation.

2   Section 1(c) is amended 
	(a)	by striking out ", carpet underlayments" and 
substituting "and cushion";
	(b)	by repealing subclause (vi) and substituting the 
following:
	(vi)	prefinished hardwood flooring;
	(vii)	laminate flooring;


	(viii)	accessories used in respect of floorcoverings;

3   Section 4 is amended
	(a)	in subsection (1) by striking out "3 periods" and 
substituting "2 periods";
	(b)	in subsection (2) by striking out "1390 hours" and 
substituting "1500 hours";
	(c)	in subsection (3) by striking out "1420 hours" and 
substituting "1500 hours";
	(d)	by repealing subsection (4).

4   Section 5 is amended
	(a)	in subsection (2) by striking out "Subject to subsection 
(3), a person" and substituting "A person";
	(b)	by repealing subsection (3).

5   Section 8 is amended by striking out "August 31, 2009" 
and substituting "August 31, 2014".

6   This Regulation comes into force on March 1, 2009.