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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". -------------------------------- 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. -------------------------------- 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. -------------------------------- 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". -------------------------------- 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". -------------------------------- 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". -------------------------------- 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". -------------------------------- 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. -------------------------------- 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.