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Alberta Regulation 232/2009
School Act 
Teaching Profession Act
PRACTICE REVIEW OF TEACHERS AMENDMENT REGULATION
Filed: September 1, 2009
For information only:   Made by the Minister of Education (M.O. 062/2009) on 
August 31, 2009 pursuant to section 94 of the School Act. 
1   The Practice Review of Teachers Regulation (AR 4/99) is 
amended by this Regulation.

2   The following is added after section 29:
Transitional re ATA Practice Review Bylaws
29.1(1)  Notwithstanding any other provision of this Regulation, a 
complaint respecting the teaching of a teacher referred to in section 
1(1)(m)(i) may not be made under section 6 on or after September 1, 
2009, the date on which the Alberta Teachers' Association Practice 
Review Bylaws approved by Ministerial Order (M.O. #006/2008) 
come into effect.
(2)  A complaint respecting the teaching of a teacher referred to in 
section 1(1)(m)(i) made under section 6 before September 1, 2009 
that is not disposed of before the coming into force of this subsection 
shall be continued under and dealt with in accordance with this 
Regulation.


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Alberta Regulation 233/2009
Electric Utilities Act
MICRO-GENERATION AMENDMENT REGULATION
Filed: September 8, 2009
For information only:   Made by the Minister of Energy (M.O. 79/2009) on August 
26, 2009 pursuant to section 99 of the Electric Utilities Act. 
1   The Micro-generation Regulation (AR 27/2008) is 
amended by this Regulation.

2   Section 1(1)(l) is repealed and the following is 
substituted:
	(l)	"renewable or alternative energy" means electric energy 
generated from
	(i)	products having current EcoLogo certification, or
	(ii)	solar, wind, hydro, fuel cell, geothermal, biomass or 
other generation sources, if the greenhouse gas intensity 
of
	(A)	the electric energy produced, or
	(B)	the total energy produced from the simultaneous 
generation of electric energy and production of 
thermal energy from the same fuel source
		is less than or equal to 418 kg per MW;


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Alberta Regulation 234/2009
Oil and Gas Conservation Act
OIL AND GAS CONSERVATION AMENDMENT REGULATION
Filed: September 8, 2009
For information only:   Made by the Energy Resources Conservation Board on 
September 2, 2009 pursuant to section 10(1)(b) of the Oil and Gas Conservation Act. 
1   The Oil and Gas Conservation Regulations (AR 151/71) 
are amended by this Regulation.

2   The following is added before section 16.640:
16.635   In this Part, "oilfield waste management facility" 
means an oilfield waste management facility that is excluded 
from the operation of the Board's Directive 75: Oilfield Waste 
Liability (OWL) Program.

3   This Regulation comes into force on September 15, 
2009.



Alberta Regulation 235/2009
Wildlife Act
WILDLIFE (SPECIES LISTINGS AND HUNTING, 2009) 
AMENDMENT REGULATION
Filed:  September 14, 2009
For information only:   Made by the Minister of Sustainable Resource Development 
(M.O 26/09 ) on September 8, 2009 pursuant to section 103 of the Wildlife Act.
1   The Wildlife Regulation (AR 143/97) is amended by this 
Regulation.

2   Schedule 6 is amended in Sub-Part 1 of Part 3
	(a)	by adding "Bryum porsildii (Porsild's bryum)1" before 
"Cryptantha minima (Tiny Cryptanthe)1";
	(b)	by adding the following after "Cryptantha minima (Tiny 
Cryptanthe)1":
Pinus albicaulis (Whitebark pine)1 
Pinus flexilis (Limber pine)1 



3   Schedule 6 is further amended
	(a)	in Part 4 by adding "Oncorhynchus clarkii lewisi 
(Westslope Cutthroat Trout)3,4" after "Noturus flavus 
(Stonecat)3"; 
	(b)	in the Footnotes to the Schedule by adding the 
following after Footnote 3:
4Only Oncorhynchus clarkii lewisi (Westslope Cutthroat Trout) 
that are found in, killed in or captured from flowing waters in the 
Oldman River watershed upstream of Highway 509 near 
Coalhurst, from the Bow River watershed upstream of Highway 
24 near Carseland or from Picklejar Lakes (in sections 16 and 17, 
township 18, range 6, west of the 5th meridian) are threatened 
fish.

4   Part 6 of Schedule 10 is amended by repealing Items 36 
and 36.1 and substituting the following:
36
Non-trophy Sheep 
Hunting Area 438B:
those portions of WMU 438 that 
are shown outlined in red on a 
plan of survey on file in the 
Department at Edmonton as


	(a)	No. 6589 M.S. Item "E" plus 
legal subdivisions 3 and 6 of 
section 23, township 47, range 
24, west of the fifth meridian 
and known as the Cardinal 
River Coal Lease Area, and


	(b)	No. 18863 M.S. Item "B" and 
known as the Gregg River 
Resources Ltd. 15 year Coal 
Lease Area.
36.1
Non-trophy Sheep 
Hunting Area 438C:
that portion of WMU 438 lying 
south of the Drinnan Creek, Gregg 
River drainage and north of the 
north boundary of the Whitehorse 
Wildland Park, excluding 
Non-trophy Sheep Hunting Area 
438B.

5   Schedule 15 is amended
	(a)	in section 9(1)(b)(vi) by adding "330," after "WMU";
	(b)	in section 15, Footnote 7, by adding "330," after 
"WMUs";
	(c)	in Item 7 of Table 4, in Column III OPEN SEASON, 
by striking out "S10-O31" and substituting "S9-O31".


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Alberta Regulation 236/2009
Alberta Human Rights Act
HUMAN RIGHTS, CITIZENSHIP AND MULTICULTURALISM EDUCATION 
FUND GRANT AMENDMENT REGULATION
Filed: September 15, 2009
For information only:   Made by the Lieutenant Governor in Council (O.C. 439/2009) 
on September 14, 2009 pursuant to section 14 of the Alberta Human Rights Act. 
1   The Human Rights, Citizenship and Multiculturalism 
Education Fund Grant Regulation (AR 13/2000) is amended 
by this Regulation.

2   The title is repealed and the following is substituted:
HUMAN RIGHTS EDUCATION AND  
MULTICULTURALISM  
FUND GRANT REGULATION

3   Section 1 is amended in subsections (1) and (2) by 
striking out "Human Rights, Citizenship and Multiculturalism Act" 
and substituting "Alberta Human Rights Act".

4   Section 6 is amended in subsections (2) and (3) by 
striking out "Human Rights, Citizenship and Multiculturalism 
Education Fund" and substituting "Human Rights Education and 
Multiculturalism Fund".

5   This Regulation comes into force on October 1, 2009.


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Alberta Regulation 237/2009
Municipal Government Act
FOOTHILLS REGIONAL EMERGENCY SERVICES COMMISSION 
AMENDMENT REGULATION
Filed: September 15, 2009
For information only:   Made by the Lieutenant Governor in Council (O.C. 446/2009) 
on September 14, 2009 pursuant to section 602.02 of the Municipal Government Act. 
1   The Foothills Regional Emergency Services Commission 
Regulation (AR 268/97) is amended by this Regulation.

2   Section 2 is amended by adding the following after 
clause (h):
	(i)	Vulcan County;
	(j)	the Town of Vulcan;
	(k)	the Village of Milo;
	(l)	the Village of Arrowwood;
	(m)	the Village of Carmangay;
	(n)	the Village of Champion;
	(o)	the Village of Lomond.


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Alberta Regulation 238/2009
Safety Codes Act
PRESSURE EQUIPMENT SAFETY AMENDMENT REGULATION
Filed: September 15, 2009
For information only:   Made by the Lieutenant Governor in Council (O.C. 447/2009) 
on September 14, 2009 pursuant to section 65 of the Safety Codes Act. 
1   The Pressure Equipment Safety Regulation (AR 49/2006) 
is amended by this Regulation.

2   Section 6(a) is repealed and the following is substituted:
	(a)	the following provisions of the CSA Standard B51-09, boiler, 
pressure vessel and pressure piping Code:
	(i)	Part 1, General requirements for boilers, pressure 
vessels, and pressure piping, including informative 
Annex E Inspection of welds in pressure coils exposed 
to direct radiant heat;
	(ii)	Part 2, High-pressure cylinders for the on-board storage 
of natural gas and hydrogen as fuels for automotive 
vehicles;
	(iii)	Part 3, Compressed natural gas and hydrogen refuelling 
station pressure piping systems and ground storage 
vessels;


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Alberta Regulation 239/2009
Alberta Treasury Branches Act
ALBERTA TREASURY BRANCHES (MISCELLANEOUS  
PROVISIONS, 2009) AMENDMENT REGULATION
Filed: September 15, 2009
For information only:   Made by the Lieutenant Governor in Council (O.C. 449/2009) 
on September 14, 2009 pursuant to section 34 of the Alberta Treasury Branches Act. 
1   The Alberta Treasury Branches Regulation (AR 187/97) is 
amended by this Regulation.

2   Section 8 is amended by repealing subsection (4) and 
substituting the following:
(4)  The amount prescribed for the purposes of section 18(1)(a) of 
the Act is such amount as would make ATB's exposure to the 
relevant person or connected persons equal to 25% of ATB's capital 
within the meaning of the guidelines under section 20 of the Act.
(4.1)  In subsection (4), "ATB's exposure" to the relevant person or 
connected persons means the aggregate of
	(a)	the outstanding balance of principal and interest owing under 
all loans made by ATB to or in respect of that person or those 
connected persons, and
	(b)	the book value of all investments made by ATB in that 
person or in those connected persons and still held by ATB,
but excluding investments referred to in section 18(2)(a) and (b) of 
the Act and subsection (5) of this section.



3   The following is added after section 11:
Financial charges by Crown
11.1   The charges referred to in section 14.1(1) of the Act and 
sections 11.2 and 11.3 (in those sections referred to as "charges") are 
payable with respect to
	(a)	ATB's conducting its businesses generally, and
	(b)	the Minister's general supervision of ATB.
Business charges
11.2   The charges under section 11.1(a) are to be in an amount 
equal to 23% of ATB's consolidated net income as reported in its 
audited annual financial statements for each fiscal year, and are 
payable before July 1 in the fiscal year following that in respect of 
which each charge is payable.
Aspects of and charges for general supervision
11.3   The Minister is authorized to do any of the things mentioned 
in section 34(1)(k.1) of the Act and ATB shall, each fiscal year 
before such date as is directed by the Minister, pay the Crown such 
amount for charges under section 11.1(b) as the Minister directs it in 
writing representing the costs incurred by the Minister in exercising 
the Minister's general supervision of ATB and shall make the 
payment in the manner directed by the Minister.
Requirements for payment of charges
11.4   The charges must be paid
	(a)	in the form of subordinated debt issued by ATB until the 
notional capital represented by the amortized portion of $600 
million of "tier 2 capital", as that term is defined in the 
guidelines under section 20 of the Act, reaches zero dollars, 
and
	(b)	after that event is reached, in the form of whichever of cash 
or such subordinated debt as the Minister directs.

4   The following is added after section 29:
Treatment of larger unclaimed balances
29.1(1)  This section and section 29.2 apply with respect to deposits 
in the form of deposit accounts, bank drafts, certified cheques, 
money orders or term deposits.
(2)  Where
	(a)	within the past 12 months a customer of ATB (in this section 
referred to as "the customer") has neither transacted any 
business through an account of that customer held with ATB 
(in this section referred to as "the account") nor provided 
written acknowledgment to ATB of the balance in the 
account, and
	(b)	the balance of the account equals or exceeds $250,
ATB shall make reasonable endeavours to locate the customer.
(3)  If ATB cannot locate the customer under subsection (2), it shall, 
within 2 years after the last transaction of any business through the 
account or the last written acknowledgment of the balance of the 
account, change the status of the account to "unclaimed".
(4)  ATB shall maintain a record, in relation to the account whose 
status has changed, of
	(a)	the name and last-known address of the customer,
	(b)	the balance of the account,
	(c)	the type of account,
	(d)	the date of the change in status,
	(e)	the branch location of ATB, and
	(f)	the date of the last transaction or acknowledgment referred to 
in subsection (3).
(5)  The maturing of a deposit placed for a specific term or that 
matures at a specific date does, and the application of earnings or a 
service charge to the account by ATB does not, constitute the 
transaction of business for the purposes of subsections (2) to (4).
(6)  At approximately the 2nd and 5th anniversaries of the change in 
the status of the account under subsection (3), ATB shall make 
reasonable endeavours to locate the customer if the customer has not 
been repaid.
(7)  For conducting each search under subsections (2) and (6), ATB 
may impose a reasonable charge against the customer's balance.
(8)  Subject to subsection (7), ATB may only impose those charges 
in respect of the balance held in the account that would be 
chargeable to the customer if the account were still active.
(9)  ATB shall continue to pay interest on the account at the same 
rate as would have applied had the account still been active or, if that 
type of account is no longer offered, the rate for the most closely 
comparable account currently offered, on the balance transferred for 
the whole of the period that the money is in the account designated 
"unclaimed", but ATB is not required to pay or credit the interest 
until a claim is paid out or until it has to transfer the money under 
subsection (12)(b).
(10)  Where the balance in the account is claimed by the person 
entitled to it, ATB shall, if the claim is substantiated by evidence 
satisfactory to ATB, pay the claimant the amount due on that 
balance.
(11)  ATB shall ensure that details of the payment are recorded and 
that the payment is authorized in writing by at least 2 officers of 
ATB.
(12)  Before April 1 in the applicable year, if no valid claim has been 
made, ATB shall
	(a)	identify the amount that has or should have been held in the 
account designated "unclaimed" for 10 years following the 
change in status under subsection (3), and
	(b)	transfer that amount and the records referred to in subsection 
(4) to the Minister responsible for the Unclaimed Personal 
Property and Vested Property Act for administration in 
accordance with that Act.
(13)  To the extent that money is transferred under subsection 
(12)(b), ATB may not be sued for any claims for that money made 
after the transfer.
(14)  This section does not apply to any money that is
	(a)	lawfully retained by ATB under any lien, right of set-off or 
specific charge, or
	(b)	retained in a plan registered under the Income Tax Act 
(Canada).
(15)  ATB shall comply with section 7 of the Unclaimed Personal 
Property and Vested Property Act.
Treatment of small unclaimed balances
29.2(1)  Where
	(a)	within the past 2 years a customer of ATB (in this section 
referred to as "the customer") has neither transacted any 
business through an account of that customer held with ATB 
(in this section referred to as "the account") nor provided 
written acknowledgment to ATB of the balance in the 
account, and
	(b)	the balance of the account is less than $250,
ATB shall make reasonable endeavours to locate the customer, 
following which ATB shall comply with section 29.1 in respect of that 
balance, hold the balance for the customer as if business were being 
regularly transacted on the account or proceed in accordance with this 
section.
(2)  Subject to this section, where subsection (1)(a) and (b) apply, ATB 
may, if a valid claim has not been made for the balance, transfer the 
balance to income of ATB.
(3)  Section 29.1(4), (5), (7) and (14) apply to balances transferred to 
income under subsection (2).
(4)  Where a balance that has been transferred to income under 
subsection (2) is subsequently claimed by the person entitled to it, 
ATB shall pay the claimant the amount due on that balance with 
interest at a rate that is not less than that prescribed in section 29.1(9) 
for the whole of the period that the money was subject to the transfer.
(5)  If the balance transferred to income is not claimed by the person 
entitled to it within 5 years after the last transaction or 
acknowledgment referred to in subsection (1), ATB may retain the 
money and may not be sued for any claims for the money made after 
the expiration of that period.
(6)  Where ATB opts, pursuant to subsection (1), to comply with 
section 29.1, the provisions of that section, except section 29.1(15), 
apply.

5   The following is added after section 30:
Transitional - unclaimed balances
30.1(1)  Notwithstanding section 29.1(3), the initial date before 
which a change in the status of an account must be made under that 
subsection is April 1, 2010.
(2)  Notwithstanding section 29.2(1), the initial date before which 
there must be compliance with that subsection is April 1, 2010.
(3)  The reference in section 29.2(5) to 5 years after the last 
transaction or acknowledgment referred to in section 29.2(1) is to be 
deemed, initially after the commencement of that subsection, to refer 
instead to April 1, 2015.

6   Section 3 comes into force with respect to ATB's 2009-10 
fiscal year.



Alberta Regulation 240/2009
Securities Act
SECURITIES AMENDMENT REGULATION
Filed: September 15, 2009
For information only:   Made by the Lieutenant Governor in Council (O.C. 454/2009) 
on September 14, 2009 pursuant to section 223 of the Securities Act. 
1   The Securities Regulation (AR 115/95) is amended by 
this Regulation.

2   Section 2(a)(i) is repealed and the following is 
substituted:
	(i)	on a publicly accessible website maintained by the 
Commission, or

3   Section 5(a)(i) is repealed and the following is 
substituted:
	(i)	on a publicly accessible website maintained by the 
Commission, or

4   Section 7 is repealed.



5   Section 11 is repealed.

6   Section 13 is amended by striking out "June 1, 2013" and 
substituting "June 30, 2019".

7   The Schedule is amended
	(a)	in section 1
	(i)	by renumbering clause (a) as clause (a.1) and 
by adding the following before clause (a.1):
	(a)	"Form 33-109F7" means Form 33-109F7 
Reinstatement of Registered Individuals and 
Permitted Individuals, as amended or replaced 
from time to time;
	(ii)	by adding the following after clause (a.1):
	(a.2)	"MI 11-102" means Multilateral Instrument 
11-102 Passport System, as amended or replaced 
from time to time;
	(iii)	by adding the following after clause (d):
	(d.1)	"NI 33-109" means National Instrument 33-109 
Registration Information, as amended or replaced 
from time to time;
	(d.2)	 "NI 44-101" means National Instrument 44-101 
Short Form Prospectus Distributions, as amended 
or replaced from time to time;
	(d.3)	"NI 44-102" means National Instrument 44-102 
Shelf Distributions, as amended or replaced from 
time to time;
	(d.4)	"NI 45-106" means National Instrument 45-106 
Prospectus and Registration Exemptions, as 
amended or replaced from time to time;
	(d.5)	"NI 81-102" means National Instrument 81-102 
Mutual Funds, as amended or replaced from time 
to time.
	(b)	by repealing section 2 and substituting the 
following:
2(1)  A form prescribed under NI 33-109 that is submitted to 
the Executive Director to seek registration or any request for 
reinstatement after a suspension of registration must be 
accompanied by the following fees:
	(a)	for a firm seeking registration or reinstatement as a 
dealer, adviser or investment fund manager, regardless 
of the number of categories, a fee of $1200;
	(b)	for an individual seeking registration or reinstatement to 
act on behalf of a firm, regardless of the number of 
categories, a fee of $300.
(2)  Notwithstanding subsection (1), no fee is payable by a 
registered person or company who is seeking registration in an 
additional category or categories.
(3)  Notwithstanding subsection (1)(b), no fee is payable for 
filing a Form 33-109F7 where an individual joins a new 
sponsoring firm, unless the individual files the form in the 
calendar year following the date of the individual's termination 
with the individual's former sponsoring firm.
2.1(1)  Registered persons and companies shall pay the 
following annual registration fees on December 31 of each 
year:
	(a)	for registered dealers, advisers or investment fund 
managers, regardless of the number of categories, an 
annual fee of $1200;
	(b)	for registered individuals, regardless of the number of 
categories, an annual fee of $300.
(2)  Notwithstanding subsection (1)(a), no annual fee is 
payable by a dealer, adviser or investment fund manager whose 
registration is suspended as a result of a decision by the 
Executive Director.
(3)  Notwithstanding subsection (1)(b), no annual fee is 
payable for an individual whose registration is suspended as a 
result of
	(a)	the termination of the individual's employment, or
	(b)	the suspension of registration of the individual's 
sponsoring firm by a decision of the Executive Director 
or of the firm's principal regulator under MI 11-102.
	(c)	by repealing section 20.


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Alberta Regulation 241/2009
Animal Health Act
ANIMAL HEALTH (EXPIRY CLAUSE) AMENDMENT REGULATION
Filed: September 15, 2009
For information only:   Made by the Lieutenant Governor in Council (O.C. 456/2009) 
on September 14, 2009 pursuant to section 69 of the Animal Health Act. 
1   The Destruction and Disposal of Dead Animals 
Regulation (AR 229/2000) is amended in section 8 by 
striking out "November 30, 2009" and substituting "November 
30, 2010".

2   The Livestock Disease Control Regulation (AR 69/2000) 
is amended in section 7 by striking out "November 30, 2009" 
and substituting "November 30, 2010".

3   The Livestock Market and Livestock Assembling Station 
Regulation (AR 70/2000) is amended in section 14 by 
striking out "November 30, 2009" and substituting "November 
30, 2010".


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Alberta Regulation 242/2009
Marketing of Agricultural Products Act
ALBERTA CANOLA PRODUCERS MARKETING PLAN 
AMENDMENT REGULATION
Filed: September 15, 2009
For information only:   Made by the Lieutenant Governor in Council (O.C. 457/2009) 
on September 14, 2009 pursuant to section 23 of the Marketing of Agricultural 
Products Act. 
1   The Alberta Canola Producers Marketing Plan 
Regulation (AR 108/98) is amended by this Regulation.

2   Section 32(3) is amended by adding "made by an eligible 
producer prior to or at the annual Commission meeting and must be" 
after "Nominations for the position of director must be".

3   Section 37 is amended
	(a)	in subsection (1) by adding "in an election and" before 
"on any question";
	(b)	by repealing subsection (3).



Alberta Regulation 243/2009
Government Organization Act
CALGARY RESTRICTED DEVELOPMENT AREA 
AMENDMENT REGULATION
Filed: September 15, 2009
For information only:   Made by the Lieutenant Governor in Council (O.C. 461/2009) 
on September 14, 2009 pursuant to Schedule 5, section 4 of the Government 
Organization Act. 
1   The Calgary Restricted Development Area Regulations 
(AR 212/76) are amended by this Regulation.

2   Schedule A, describing land located in Township 22, 
Range 29, West of the Fourth Meridian, is amended by 
striking out


Sections 25, 26,	 	Plans 8911125 and 0212503 showing survey for
35 and 36		descriptive purposes of a right of way for a 
Transportation/Utility Corridor and Plan 
8510682 within the east half of section 35; Plan 
0710614 
		EXCEPTING THEREOUT
		Lot 1, Block 1 of Plan 0211531; Lot 1, Block 3 
of Plan 0211531; Lot 1, Block 4 of Plan 
0211531; all that portion of the road allowance 
lying adjacent to the north limits of NW 35 22 29 
4 and lying between a line joining the northwest 
corner of Lot 1, Block 4 and the southwest 
corner of Lot 1, Block 3, and a line joining the 
southeast corner of Lot 1, Block 3 and the 
northeast corner of Lot 1, Block 4 and Lot 1, 
Block 2, all on Plan 0211531; Area 'A' on Plan 
0710614; all that portion of Area 'A' on Plan 
0212503 not included on Plan 0710614
and substituting:
Sections 25, 26,	 	Plans 8911125 and 0212503 showing survey for 
35 and 36		descriptive purposes of a right of way for a 
Transportation/Utility Corridor; Plan 0710614; 
the remainder of the east half of 35 22 29 4; Plan 
0813247
		EXCEPTING THEREOUT
		Lot 1, Block 1 of Plan 0211531; Lot 1, Block 4 
of Plan 0211531 lying west of plan 0710614; all 
that portion of the road allowance lying adjacent 
to the north limits of NW 35 22 29 4 and lying 
between a line joining the northwest corner of 
Lot 1, Block 4 and the southwest corner of Lot 1, 
Block 3 of Plan 0211531 and a line joining the 
southwest corner of plan 0710614 within the SE 
1 23 29 W4 and the NW corner of Plan 0710614 
within the NW 35 22 29 W4; Area 'A' on Plan 
0710614; all that portion of Area 'A' on Plan 
0212503 not included on Plan 0710614; Area E 
on TUC Plan 021 2503 lying south of plan 
08103247; Lot 1, Block 2 of Plan 0211531; Plan 
7410459 north of plan 0710614


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Alberta Regulation 244/2009
Student Financial Assistance Act
STUDENT FINANCIAL ASSISTANCE AMENDMENT REGULATION
Filed: September 15, 2009
For information only:   Made by the Lieutenant Governor in Council (O.C. 466/2009) 
on September 14, 2009 pursuant to section 22 of the Student Financial Assistance 
Act. 
1   The Student Financial Assistance Regulation 
(AR 298/2002) is amended by this Regulation.

2   Schedule 1 is amended
	(a)	 in section 1(1) by repealing clause (c)(iii) and 
substituting the following:
	(iii)	who is living with that student in a conjugal 
relationship, where there are one or more children of the 
relationship by birth or adoption;
	(b)	in section 2(1) by repealing clause (c) and 
substituting the following:
	(c)	is a protected person for the purposes of Part 2 of the 
Immigration and Refugee Protection Act (Canada) who 
is living in Alberta on the date on which that program 
begins and has not established residency in another 
province, or
	(c)	in section 31
	(i)	in subsection (3) by striking out "to the loan 
holder, who" and substituting " as directed by the 
Minister, and the loan holder";
	(ii)	by repealing subsections (9) and (10) and 
substituting the following:
(9)  A student may receive interest relief from all 
provincial loans for an aggregate period of 60 months 
after an interest free period.
(10)  Where a student enters into a further course of study 
which creates an interest free period, the aggregate period 
for interest relief is reset at 60 months after the interest 
free period expires.

3   Schedule 2 is amended
	(a)	in section 1(1) by repealing clause (c)(iii) and 
substituting the following:
	(iii)	who is living with that student in a conjugal 
relationship, where there are one or more children of the 
relationship by birth or adoption; 
	(b)	in section 1(2) by repealing clause (c) and 
substituting the following:
	(c)	is a protected person for the purposes of Part 2 of the 
Immigration and Refugee Protection Act (Canada) who 
is living in Alberta on the date on which that program 
begins and has not established residency in another 
province, or
	(c)	by renumbering section 9 as 9(1) and by adding the 
following after subsection (1):
(2)  The Minister may withdraw approval 
	(a)	of a program of study if, in the opinion of the Minister, 
the program fails to meet the requirements of subsection 
(1), or
	(b)	of an educational institution if, in the opinion of the 
Minister, the educational institution fails to comply with 
its agreement under subsection (1)(d).
	(d)	in section 33 by repealing subsections (5) and (6) 
and substituting the following:
(5)  A student may receive interest relief from all provincial 
loans for an aggregate period of 60 months after an interest 
free period.
(6)  Where a student enters into a further course of study 
which creates an interest free period, the aggregate period for 
interest relief is reset at 60 months after the interest free 
period expires.


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Alberta Regulation 245/2009
Mines and Minerals Act
DRILLING ROYALTY CREDIT REGULATION
Filed: September 15, 2009
For information only:   Made by the Lieutenant Governor in Council (O.C. 470/2009) 
on September 14, 2009 pursuant to sections 5 and 36 of the Mines and Minerals Act. 
Table of Contents
	1	Interpretation
	2	Eligible well
	3	Establishing drilling royalty credits
	4	Allocating drilling royalty credits to royalty payers
	5	Applying drilling royalty credits
	6	Furnishing working interest participant information for  
oil wells and oil sands wells
	7	Average daily Crown production
	8	Drilling royalty credit balance
	9	Crude oil and gas royalty obligations
	10	Conversion factors
	11	Records
	12	Artificial transactions and non-compliance
	13	Licensee and operator liability
	14	Reporting circumstances affecting eligibility
	15	Minister's decision final
	16	Expiry
	17	Coming into force
Interpretation
1(1)  In this Regulation,
	(a)	"Act" means the Mines and Minerals Act;
	(b)	"Board" means the Energy Resources Conservation Board;
	(c)		"Crown interest" means the percentage of Crown ownership 
of crude oil or gas
	(i)	as determined by the Minister, in the case of a well in 
which crude oil or gas is not recovered, or
	(ii)	as determined by the Minister in accordance with 
section 26.1 of the Petroleum and Natural Gas Tenure 
Regulation (AR 263/97), in the case of a well in which 
crude oil or gas is recovered;
	(d)	"crude oil" means
	(i)	crude oil as defined in the Petroleum Royalty 
Regulation, 2009 (AR 222/2008), and
	(ii)	an oil sands product referred to in section 27(1) of the 
Oil Sands Royalty Regulation, 2009 (AR 223/2008);
	(e)	"drain" is a well event that is given a status of a drain 
according to the records of the Board;
	(f)	"drilling royalty credit" means a drilling royalty credit 
established under section 3;
	(g)	"eligible well" means a well that is an eligible well under 
section 2;
	(h)	"field condensate" means field condensate as defined in the 
Natural Gas Royalty Regulation, 2009 (AR 221/2008);
	(i)	"finished drilling date" means a finished drilling date for a 
well according to the records of the Board;
	(j)	"gas" means natural gas, solution gas, gas products and field 
condensate;
	(k)	"gas product" means gas product as defined in the Natural 
Gas Royalty Regulation, 2009 (AR 221/2008);
	(l)	"gas royalty client" means a royalty client as defined in the 
Natural Gas Royalty Regulation, 2009 (AR 221/2008);
	(m)	"gas well" means a gas well as defined in the Oil and Gas 
Conservation Regulations (AR 151/71);
	(n)	"gas well operator" means an operator as defined in the 
Natural Gas Royalty Regulation, 2009 (AR 221/2008);
	(o) 	"licence" means a licence for a well issued under the Oil and 
Gas Conservation Act or the Oil Sands Conservation Act;
	(p)	"licensee" means the holder of a licence according to the 
records of the Board and includes a trustee or receiver 
manager of property of a licensee;
	(q)	"non-Project well event" means a non-Project well event as 
defined in Oil Sands Royalty Regulation, 2009 
(AR 223/2008);
	(r)	"oil sands well" means a well that consists of only 
non-Project well events;
	(s)	"oil sands well operator" means an operator as defined in the 
Oil Sands Royalty Regulation, 2009 (AR 223/2008);
	(t)	"oil well" means an oil well as defined in the Oil and Gas 
Conservation Regulations (AR 151/71);
	(u)	"oil well operator" means an operator as defined in the 
Petroleum Royalty Regulation, 2009 (AR 222/2008);
	(v)	"operator" means a gas well operator, an oil well operator or 
an oil sands well operator;
	(w)	"original well" means the initial well drilled prior to any 
re-entry well;
	(x)	"production month" means the month in which crude oil or 
gas is recovered;
	(y)	"re-entry well" means a re-entry well according to the 
records of the Board;
	(z)	"royalty payer" means 
	(i)	a gas royalty client,
	(ii)	an oil well operator,
	(iii)	an oil sands well operator, or
	(iv)	a working interest participant whose name is furnished 
under section 6;
	(aa)	"solution gas" means solution gas as defined in the Natural 
Gas Royalty Regulation, 2009 (AR 221/2008);
	(bb)	"well" means an oil well, gas well or oil sands well; 
	(cc)	"well event" means
	(i)	a part of a well completed in a zone and given a unique 
well identifier by the Board,
	(ii)	parts of a well completed in 2 or more zones and given 
a single unique well identifier by the Board,
	(iii)	a part of a well completed in and recovering crude oil or 
gas from a zone but which has not yet been given a 
unique well identifier by the Board, or
	(iv)	parts of a well completed in and recovering crude oil or 
gas from 2 or more zones during the period when the 
parts are considered by the Minister as a single well 
event for the purposes of this Regulation and before the 
Board makes a decision whether or not to give the parts 
a single unique well identifier;
	(dd)	"well leg" means a deviation or branch of a wellbore 
according to the records of the Board;
	(ee)	"working interest participant" means a person who owns a 
beneficial or legal undivided interest in a well under 
contracts that pertain to the ownership of that well;
	(ff)	"zone" means a zone as defined in the Petroleum Royalty 
Regulation, 2009 (AR 222/2008).
(2)  A reference in this Regulation to a month, whether by its name or 
not, is the period commencing at 8:00 a.m. on the first day of the 
month and ending immediately before 8:00 a.m. on the first day of the 
next month.
Eligible well
2(1)  Subject to subsection (2), an eligible well is a well that
	(a)	is spudded on or after April 1, 2009 but before April 1, 2011,
	(b)	has a finished drilling date on or after April 1, 2009 but 
before April 1, 2011,
	(c)	is drilled for the purpose of recovering crude oil or gas 
according to the records of the Board,
	(d)	has a Crown interest greater than 0%, and
	(e)	is subject to royalty under the Petroleum Royalty Regulation, 
2009 (AR 222/2008), the Natural Gas Royalty Regulation, 
2009 (AR 221/2008) or section 27 of the Oil Sands Royalty 
Regulation, 2009 (AR 223/2008).
(2)  A well is not an eligible well if the well
	(a)	is part of a Project, or is the subject of an application to be 
part of a Project, under the Oil Sands Royalty Regulation, 
2009 (AR 223/2008),
	(b)	is drilled for a purpose other than recovering crude oil or gas, 
including the disposal or injection of a substance into the 
well,
	(c)	is a re-entry well where the original well does not meet the 
requirements of subsection (1), or
	(d)	contains a well event in respect of which the Minister has, at 
any time, prescribed a quantity of conservation gas pursuant 
to section 7(10)(b) or (d) of the Natural Gas Royalty 
Regulation, 2009 (AR 221/2008) or section 6(12)(b) of the 
Natural Gas Royalty Regulation, 2002 (AR 220/2002).
(3)  Additional information must be provided to the Minister by the 
licensee or operator of a well if required to aid in determining whether 
the well meets the requirements of this section.
Establishing drilling royalty credits
3(1)  The Minister may establish a drilling royalty credit for an eligible 
well in accordance with the following formula:
DRC = DM x $200.00 x CI 
 
where
	DRC	is the drilling royalty credit for the well;
	DM	is, according to the records of the Board, the total distance in 
metres of new drilling for the well, including well legs and 
drains, calculated in accordance with subsection (2), as of the 
finished drilling date;
	CI	is the Crown interest.
(2)  In calculating the total distance in metres of new drilling under 
subsection (1), 
	(a)	a well leg or drain must be counted only once,
	(b)	for a well containing one or more well events and no well 
legs or drains, the distance for each well event in the well is 
the length, in metres, along the bore of the well from the 
kelly bushing of the well containing the well event to the 
deepest point of drilling of the well event,
	(c)	for a well containing one well event and one or more well 
legs or drains, the distance for that well event is the sum of
	(i)	the length, in metres, of the well event, from the kelly 
bushing of the well containing the well event to the 
deepest point of drilling of the well event, and
	(ii)	the sum of the lengths, in metres, of all the well legs or 
drains in the well containing the well event, from the 
kick-off point of each well leg or drain to the furthest 
point of drilling of the well leg or drain,
	(d)	for a well not described in clause (b) or (c), the distance may 
be determined by the Minister, and
	(e)	for a well that has more than one finished drilling date, the 
Minister shall determine which is the finished drilling date 
for the purpose of this Regulation.
(3)  For the purpose of section 5(4), the drilling royalty credit 
calculated for an eligible re-entry well is deemed established as of the 
finished drilling date of the original well.
(4)  If the Minister is satisfied that any grant or benefit has been 
provided by any government, including the Government of Alberta or 
the Government of Canada, or any agency of the Government of 
Alberta or the Government of Canada, and the grant or benefit is 
referable in whole or in part to an eligible well, the Minister may 
reduce by an amount that does not exceed the amount of the grant or 
benefit any drilling royalty credit established in respect of that well.
(5)  Drilling royalty credits established under subsection (1) shall not 
be recalculated after June 30, 2011, unless the Minister considers it 
appropriate to do so.
Allocating drilling royalty credits to royalty payers
4(1)  The licensee of an eligible well must allocate a drilling royalty 
credit to any one or more royalty payers, such that the entire drilling 
royalty credit is allocated.
(2)  The licensee must, in the form and manner determined by the 
Minister, notify the Minister of the allocations.
(3)  Once the Minister has been notified under subsection (2), the 
licensee may not make any changes to the allocations.
Applying drilling royalty credits
5(1)  In this section,
	(a)	"average daily Crown production" means average daily 
Crown production of a royalty payer determined under 
section 7;
	(b)	"drilling royalty credit balance" means a drilling royalty 
credit balance of a royalty payer determined under section 8; 
	(c)	"royalty obligations" mean, in respect of a royalty payer, 
royalty obligations determined under section 9. 
(2)  Subject to this section, for each production month the drilling 
royalty credit balance of a royalty payer must be applied by the 
Minister against the royalty obligations of the royalty payer to a 
maximum of
	(a)	50% of the royalty obligations, if the average daily Crown 
production of the royalty payer is greater than zero cubic 
metres and less than or equal to 1590 cubic metres,
	(b)	40% of the royalty obligations, if the average daily Crown 
production of the royalty payer is greater than 1590 cubic 
metres and less than or equal to 2385 cubic metres,
	(c)	30% of the royalty obligations, if the average daily Crown 
production of the royalty payer is greater than 2385 cubic 
metres and less than or equal to 3180 cubic metres,
	(d)	20% of the royalty obligations, if the average daily Crown 
production of the royalty payer is greater than 3180 cubic 
metres and less than or equal to 3975 cubic metres, or
	(e)	10% of the royalty obligations, if the average daily Crown 
production of the royalty payer is
	(i)	greater than 3975 cubic metres, or
	(ii)	equal to zero cubic metres.
(3)  Where a person becomes a royalty payer on or after January 1, 
2009 but before April 1, 2010, the amounts applied against royalty 
obligations under subsection (2) on or before the March 2010 
production month must be recalculated after the March 2010 
production month based on the average daily Crown production 
determined under section 7(2).
(4)  Where a person becomes a royalty payer on or after April 1, 2010 
but before April 1, 2011,  the amounts applied against royalty 
obligations under subsection (2) on or before the March 2011 
production month must be recalculated after the March 2011 
production month based on the average daily Crown production 
determined under section 7(3).
(5)  Drilling royalty credits established
	(a)	on or after April 1, 2009 but before April 1, 2010 must be 
applied against royalty obligations of a royalty payer for the 
production months commencing with the April 2009 
production month and ending with the March 2011 
production month, and
	(b)	on or after April 1, 2010 but before April 1, 2011 must be 
applied against royalty obligations of a royalty payer for the 
production months commencing with the April 2010 
production month and ending with the March 2011 
production month.
(6)  Drilling royalty credits must be applied under subsection (2) until
	(a)	the drilling royalty credit balance for a royalty payer is zero, 
or
	(b)	the end of the month in which royalty obligations are 
determined in respect of the March 2011 production month,
whichever occurs first.
(7)  Drilling royalty credits that are not applied in accordance with 
subsection (2) by the end of the month in which royalty obligations are 
determined in respect of the March 2011 production month will be 
forfeited. 
(8)  The Minister may begin implementing the application of drilling 
royalty credits against gas royalty obligations in advance of doing the 
same in respect of crude oil royalty obligations and determine the 
implementation dates for each.
Furnishing working interest participant information for oil wells and oil 
sands wells
6(1)  Each oil well operator and oil sands well operator shall, in 
respect of the operator's total volume of crude oil that is subject to 
royalty under the Petroleum Royalty Regulation, 2009 (AR 222/2008) 
or section 27 of the Oil Sands Royalty Regulation, 2009 
(AR 223/2008), furnish to the Department the names of working 
interest participants and the volumes attributable to each participant
	(a)	for the production months commencing with the January 
2008 production month and ending with the December 2008 
production month, by September 30, 2009 or within 14 days 
after the filing of this Regulation under the Regulations Act, 
whichever is later,
	(b)	for the production months commencing with the January 
2009 production month and ending with the December 2009 
production month, by January 31, 2010, and
	(c)	for the production months commencing with the January 
2010 production month and ending with the March 2011 
production month, by the end of the month following the end 
of each production month.
(2)  If the aggregate of the volumes furnished by an operator under 
subsection (1) is less than the operator's total volume of crude oil 
subject to royalty for the applicable period, the difference is attributed 
to the operator.
(3)  If an operator does not furnish any volumes under subsection (1), 
all the volumes for the applicable period are attributed to the operator. 
(4)  The information to be furnished under subsection (1) must be in 
the form and manner determined by the Minister.
Average daily Crown production
7(1)  The Minister must determine, based on the records of the 
Department as of March 20, 2009, the average daily Crown production 
of crude oil and gas expressed in cubic metres of crude oil that is 
attributable to each royalty payer for the production months 
commencing with the January 2008 production month and ending with 
the December 2008 production month.
(2)  Where a person becomes a royalty payer on or after January 1, 
2009 but before April 1, 2010, the Minister must determine, based on 
the records of the Department as of the end of the March 2010 
production month, the average daily Crown production of crude oil and 
gas expressed in cubic metres of crude oil that is attributable to that 
royalty payer for the production months commencing with the April 
2009 production month and ending with the March 2010 production 
month.
(3)  Where a person becomes a royalty payer on or after April 1, 2010 
but before April 1, 2011, the Minister must determine, based on the 
records of the Department as of the end of the March 2011 production 
month, the average daily Crown production of crude oil and gas 
expressed in cubic metres of crude oil that is attributable to that royalty 
payer for the production months commencing with the April 2010 
production month and ending with the March 2011 production month.
(4)  The information to be furnished under section 6 for the purpose of 
this section may not be furnished or changed after the Minister 
determines the average daily Crown production for a royalty payer 
under subsection (1), (2) or (3).
Drilling royalty credit balance
8   The Minister must determine and maintain a drilling royalty credit 
balance for each royalty payer consisting of the aggregate of drilling 
royalty credits allocated to a royalty payer under section 4 minus any 
amounts applied against the royalty obligations of a royalty payer 
under section 5.
Crude oil and gas royalty obligations
9(1)  For each production month commencing with the April 2009 
production month and ending with the March 2011 production month, 
the Minister must determine the total royalty obligations of each 
royalty payer under the Petroleum Royalty Regulation, 2009 
(AR 222/2008), the Natural Gas Royalty Regulation, 2009 
(AR 221/2008) and section 27 of the Oil Sands Royalty Regulation, 
2009 (AR 223/2008) net of any other credits, deductions or reductions.
(2)  For the purposes of this Regulation, a working interest participant 
whose name is furnished under section 6 is deemed to have royalty 
obligations under the regulations referred to in subsection (1), despite 
not having a legal obligation directly to the Crown in respect of those 
royalty obligations.
(3)  Royalty obligations determined under subsection (1) shall not be 
recalculated after June 30, 2011, unless the Minister considers it 
appropriate to do so.
Conversion factors
10   For the purposes of this Regulation, the Minister may determine 
and apply any factors that are necessary to convert volumes of gas into 
equivalent volumes of crude oil.
Records
11(1)  Subject to subsection (2), a licensee, operator and royalty payer 
must keep all records related to drilling royalty credits that are in the 
possession of the licensee, operator and royalty payer until the 
expiration of the 6-year period following the end of the year of the 
final calendar month in which the drilling royalty credits are applied 
under section 5. 
(2)  If the Minister is of the opinion that it is necessary for the 
administration of the Act or this Regulation, the Minister may, by a 
direction sent by registered mail or served personally, require any 
person required to keep records under subsection (1) to keep the 
records referred to in that subsection for any longer period specified in 
the direction.
(3)  A person required to keep records pursuant to this section shall, on 
the request of the Minister, submit to the Minister within the time 
specified by the Minister any information or record the Minister 
requires.
Artificial transactions and non-compliance
12(1)  Notwithstanding any other provision of this Regulation, if the 
Minister is of the opinion that
	(a)	one or more acts, agreements, arrangements, transactions or 
operations were effected, whether before or after the filing of 
this Regulation under the Regulations Act, for the purpose of 
improperly, artificially or unduly obtaining or increasing the 
amount of a drilling royalty credit, or
	(b)	a licensee, operator or royalty payer has not complied with 
any provision of this Regulation or any provision of the Act 
in relation to this Regulation,
the Minister may take any or all of the actions specified in subsection 
(2).
(2)  In the circumstances set out in subsection (1), the Minister may 
take either or both of the following actions:
	(a)	determine that all of the drilling royalty credits, established, 
allocated or applied under sections 3, 4 and 5 should not have 
been established, allocated or applied;
	(b)	determine that the amount of drilling royalty credits 
established, allocated or applied under sections 3, 4 and 5 
was improperly, artificially or unduly increased and is to be 
reduced accordingly.
(3)  If the Minister makes a determination under subsection (2),
	(a)	a person in whose favour drilling royalty credits have been 
allocated and applied under sections 4 and 5 is not entitled to 
the drilling royalty credits or to the amount by which the 
amount of drilling royalty credits is or was improperly, 
artificially or unduly increased, as the case may be, and
	(b)	the Minister shall reverse the drilling royalty credits allocated 
and applied under sections 4 and 5.
Licensee and operator liability
13(1)  The licensee of an eligible well 
	(a)	is liable for, and 
	(b)	must indemnify and hold harmless the Government of 
Alberta against 
all third party claims, demands, actions or costs, including legal costs 
on a solicitor-client basis, related to, occasioned by or attributable to 
the licensee arising from the allocation of drilling royalty credits under 
section 4.
(2)  The operator of an oil well or oil sands well 
	(a)	is liable for, and 
	(b)	must indemnify and hold harmless the Government of 
Alberta against 
all third party claims, demands, actions or costs, including legal costs 
on a solicitor-client basis, related to, occasioned by or attributable to 
the operator arising from the furnishing of working interest participant 
information, whether furnished under section 6 after the filing of this 
Regulation under the Regulations Act or voluntarily furnished to the 
Department before the filing of this Regulation under the Regulations 
Act.
Reporting circumstances affecting eligibility
14   A licensee, operator or royalty payer must notify the Minister in 
writing on learning of any circumstances that indicate that
	(a)	a well was not an eligible well in whole or in part, and 
	(b)	drilling royalty credits were allocated to someone who is not 
a royalty payer.
Minister's decision final
15   Where any question arises pertaining to the interpretation or 
application of this Regulation, the Minister is the sole judge of the 
question and there is no appeal from the Minister's decision.
Expiry
16   This Regulation expires on June 30, 2017. 
Coming into force
17   This Regulation is deemed to have come into force on April 1, 
2009.
 


--------------------------------
Alberta Regulation 246/2009
Mental Health Act
PATIENT ADVOCATE AMENDMENT REGULATION
Filed: September 15, 2009
For information only:   Made by the Lieutenant Governor in Council (O.C. 472/2009) 
on September 14, 2009 pursuant to section 45 of the Mental Health Act. 
1   The Patient Advocate Regulation (AR 148/2004) is 
amended by this Regulation.

2   Section 1(b) is repealed and the following is substituted:
	(b)	"facility patient" includes a person who
	(i)	is or has been a formal patient, or
	(ii)	is or has been subject to one admission certificate or one 
renewal certificate;

3   Section 3 is amended
	(a)	in subsection (1)
	(i)	by striking out "formal" wherever it occurs and 
substituting "facility";
	(ii)	in clause (a) by adding "or was" after "patient is";
	(b)	in subsection (2) by striking out "formal" and 
substituting "facility";
	(c)	in subsection (3) by striking out "formal" and 
substituting "facility";
	(d)	by repealing subsection (4) and substituting the 
following:
(4)  The Patient Advocate may investigate a complaint as it 
relates to the period during which the person who is the subject 
of the complaint was a facility patient.
	(e)	in subsection (5) by striking out "formal" wherever it 
occurs and substituting "facility".

4   Section 4 is amended
	(a)	by striking out "formal" wherever it occurs and 
substituting facility";
	(b)	in clause (b)(ii) by adding "a facility patient and to" 
after "to".

5   Section 5 is amended
	(a)	in subsection (1)(c) by striking out "formal" and 
substituting "facility";
	(b)	in subsection (2) by striking out "formal" and 
substituting "facility";
	(c)	in subsection (4)(b) by striking out "formal" and 
substituting "facility".

6   Section 9(a) is amended by striking out "formal" wherever 
it occurs and substituting "facility".

7   This Regulation comes into force on the coming into 
force of sections 5, 6 and 7 of the Mental Health 
Amendment Act, 2007.



Alberta Regulation 247/2009
Lobbyists Act
LOBBYISTS ACT GENERAL REGULATION
Filed: September 15, 2009
For information only:   Made by the Lieutenant Governor in Council (O.C. 478/2009) 
on September 14, 2009 pursuant to section 20 of the Lobbyists Act. 
Table of Contents
	1	Definition
	2	Time spent lobbying
	3	Former public office holder
	4	Prescribed Provincial entity
	5	Exemption
	6	Notice of administrative penalty
	7	Amount of administrative penalty
	8	Appeal of administrative penalty
	9	Fees
	10	Expiry
	11	Coming into force 
 
Schedules


Definition
1   In this Regulation, "Act" means the Lobbyists Act.
Time spent lobbying
2   For the purposes of determining whether lobbying amounts to at 
least 100 hours annually under section 1(1)(h) of the Act, time spent 
lobbying is indicated by the time spent communicating with a public 
office holder but does not include time spent preparing for the 
communication.
Former public office holder
3   For the purposes of section 1(3)(c) of Schedule 1 to the Act and 
section 1(2)(c) of Schedule 2 to the Act, the following positions are 
considered to be prescribed positions:
	(a)	the highest-ranking executive of a prescribed Provincial 
entity;
	(b)	the next highest-ranking executive to the highest-ranking 
executive of a prescribed Provincial entity.
Prescribed Provincial entity
4(1)  For the purposes of the Act, the Provincial entities referred to in 
Schedule 1 are prescribed Provincial entities.
(2)  For the purposes of the Act, the Provincial entities referred to in 
Schedule 2 are not prescribed Provincial entities.
Exemption
5   For the purposes of section 3(1)(m) of the Act, the Act does not 
apply to the individuals referred to in Schedule 3 when acting in their 
official capacity.
Notice of administrative penalty
6(1)  For the purposes of section 18 of the Act, an administrative 
penalty is payable in respect of a contravention of any of the following 
sections of the Act:
	(a)	section 4;
	(b)	section 5;
	(c)	section 6;
	(d)	section 10.
(2)  A notice of administrative penalty must be given in writing and 
must contain the following information:
	(a)	the name of the person required to pay the administrative 
penalty;
	(b)	the particulars of the contravention;
	(c)	the amount of the administrative penalty and the date by 
which it must be paid;
	(d)	a statement of the right to appeal to the Court of Queen's 
Bench by originating notice.
Amount of administrative penalty
7   The amount of an administrative penalty shall be determined by the 
Registrar, who shall take into account the following factors:
	(a)	the severity of the contravention;
	(b)	the degree of wilfulness or negligence in the contravention;
	(c)	whether or not there was any mitigation relating to the 
contravention;
	(d)	whether or not steps have been taken to prevent reoccurrence 
of the contravention;
	(e)	whether or not the person who received the notice of 
administrative penalty has a history of non-compliance;
	(f)	whether or not the person who received notice of 
administrative penalty reported himself or herself upon 
discovery of the contravention;
	(g) 	whether or not the person who received notice of 
administrative penalty has received an economic benefit as a 
result of the contravention;
	(h)	any other factors that, in the opinion of the Registrar, are 
relevant.
Appeal of administrative penalty
8(1)  A person who is served with a notice of administrative penalty 
may appeal the Registrar's decision to impose an administrative 
penalty by filing an application with the Court of Queen's Bench 
within 30 days from the date the notice of administrative penalty was 
served.
(2)  The application shall describe the notice of administrative penalty 
and state the reasons for the appeal.
(3)  A copy of the application shall be served on the Registrar not less 
than 30 days before the appeal is to be heard.
(4)  The Court may, on application either before or after the time 
referred to in subsection (1), extend that time if it considers it 
appropriate to do so.
(5)  On hearing the appeal, the Court of Queen's Bench may confirm, 
rescind or vary the amount of the administrative penalty.
Fees
9(1)  Subject to subsection (2), the fee payable for filing a return 
pursuant to section 4 or 5 of the Act is $150.
(2)  No fee is payable if the return is filed electronically.
(3)  On application by a designated filer, the Registrar may reduce or 
waive the payment of the filing fee payable by the designated filer 
under this section where the Registrar is of the opinion that to require 
payment of the filing fee would cause undue financial hardship.
Expiry
10   For the purpose of ensuring that this Regulation is reviewed for 
ongoing relevancy and necessity, with the option that it may be 
repassed in its present or an amended form following a review, this 
Regulation expires on September 30, 2019.
Coming into force
11   This Regulation comes into force on September 28, 2009.
Schedule 1 
 
Provincial entities prescribed for  
the purposes of the Act
Aboriginal Relations
Metis Settlements Appeal Tribunal
Advanced Education and Technology
The following universities:
	Athabasca University
	Mount Royal University
	The University of Alberta
	The University of Calgary
	The University of Lethbridge
The following colleges:
	Alberta College of Art and Design
	Bow Valley College
	Grande Prairie Regional College
	Grant MacEwan College
	Keyano College
	Lakeland College
	Lethbridge  College
	Medicine Hat College
	NorQuest College
	Northern Lakes College
	Olds College
	Portage College
	Red Deer College
The following technical institutes and The Banff Centre:
	The Banff Centre
	Northern Alberta Institute of Technology
	Southern Alberta Institute of Technology
Access Advisory Council
Alberta Agricultural Research Institute 
Alberta Apprenticeship and Industry Training Board
Alberta Council on Admissions and Transfer
Alberta Energy Research Institute 
Alberta Enterprise Corporation
Alberta Forestry Research Institute 
Alberta Foundation for Health Research
Alberta Heritage Foundation for Medical Research
Alberta Heritage Foundation for Science and Engineering Research 
Alberta Information and Communications Technology Institute 
Alberta Life Sciences Institute
Alberta Research Council Inc. 
Alberta Science and Research Authority
Appeal boards appointed under Part 4 of the Apprenticeship  
    and Industry Training Act
The Arctic Institute of North America
The Athabasca University Governing Council
The Board of Governors of Alberta College of Art and Design
Board of Governors of The Banff Centre
The Board of Governors of Bow Valley College
The Board of Governors of Grande Prairie Regional College
The Board of Governors of Grant MacEwan College
The Board of Governors of Keyano College
The Board of Governors of Lakeland College
The Board of Governors of Lethbridge College
Board of Governors of Medicine Hat College
The Board of Governors of Mount Royal University
The Board of Governors of NorQuest College
Board of Governors of the Northern Alberta Institute  
   of Technology
The Board of Governors of Northern Lakes College
The Board of Governors of Olds College
The Board of Governors of Portage College
The Board of Governors of Red Deer College
Board of Governors of the Southern Alberta Institute  
   of Technology
C-FER Technologies (1999) Inc.
Campus Alberta Quality Council
Committees established under section 4 of the Alberta  
   Heritage Scholarship Act
The Fairview College Foundation
The Governors of The University of Alberta
The Governors of The University of Calgary
The Governors of The University of Lethbridge
The Grande Prairie Regional College Alumni/Foundation
The Grant MacEwan College Foundation
iCore Inc. (Informatics Circle of Research Excellence)
The Keyano College Foundation
Lethbridge College Foundation
The Medicine Hat College Foundation
Mount Royal College Day-Care Society
The Mount Royal College Foundation
The NorQuest College Foundation
The Northern Alberta Institute of Technology Foundation
Olympic Oval Association
The Red Deer College Foundation
Student Financial Assistance Appeal Committees
Students Finance Board 
University College International Limited Partnership
University Technologies International Inc. 
Agriculture and Rural Development
Agriculture Financial Services Corporation 
Agricultural Operation Practices Act Policy  
   Advisory Group Committee
Alberta Agricultural Products Marketing Council
Alberta Grain Commission
Alberta Livestock and Meat Agency Ltd.
Appeal tribunals appointed under section 39 of the  
   Marketing of Agricultural Products Act
Farmer's Advocate Office
Hall of Fame Selection Committee
Institute for Agriculture, Forestry and the Environment 
Irrigation Council
Practice review committees appointed under section 5  
   of the Agricultural Operation Practices Act
Production Animal Medicine Advisory Committee
Wheat Board Money Trust Board of Trustees
Children and Youth Services
The following Child and Family Services Authorities Boards 
   established under the Child and Family Services Authorities Act:
	Calgary and Area CFSA Board
	Central Alberta CFSA Board
	East Central Alberta CFSA Board
	Edmonton and Area CFSA Board
	Metis Settlements CFSA Board
	North Central Alberta CFSA Board
	Northeast Alberta CFSA Board
	Northwest Alberta CFSA Board
	Southeast Alberta CFSA Board
	Southwest Alberta CFSA Board
Alberta's Promise Executive Board
Appeal boards appointed under the Social  
   Care Facilities Licensing Act 
Appeal committees established under the Family  
   Support for Children with Disabilities Act
Appeal panels established under the Child Care Licensing Act
Appeal panels established under the Child, 
   Youth and Family Enhancement Act
Family Support for Children with Disabilities  
   Multi-Disciplinary Assessment Committee
Premier's Council on Alberta's Promise
Provincial Parent Advisory Committee
Provincial Stakeholder Advisory Committee
Social Care Facilities Review Committee
Youth Secretariat
Culture and Community Spirit
Alberta Film Advisory Committee
Alberta Foundation for the Arts
Alberta Historical Resources Foundation
Alberta Human Rights and Citizenship Commission
Alberta Palaeontological Advisory Committee
Blackfoot Confederacy Advisory Committee on Museum Relations
Blackfoot Landscape Heritage Advisory Committee
Crowsnest Pass Historical Corridor Advisory Committee
Fort George and Buckingham House Advisory Board
Government House Foundation
Head-Smashed-In Buffalo Jump Interpretative  
   Centre Advisory Committee
Human Rights, Citizenship and Multiculturalism  
   Education Fund Advisory Board
Oil Sands Discovery Centre Advisory Committee
Premier's Council on Arts and Culture
Provincial Archives of Alberta Advisory Committee
Remington-Alberta Carriage Centre Advisory Board
Reynolds-Alberta Museum Advisory Board
Ukrainian Cultural Heritage Village Advisory Board
Victoria Settlement Advisory Committee
Wild Rose Foundation
Education
Attendance Board
Board of Reference
Certification Appeal Committee
Complainant Review Committee
Council on Alberta Teaching Standards
Practice Review Appeal Committee
Practice Review Panel
Setting the Direction for Special Education in  
   Alberta Steering Committee
Teachers' Pension Plans Board of Trustees (Alberta  
   Teachers' Retirement Fund)
Employment and Immigration
Appeal boards appointed under the Land Agents Licensing Act
Appeal panels appointed under the Widows' Pension Act
Appeal panels established under section 47 of the  
   Income and Employment Supports Act
Appeal panels or Review Committees established under the  
   Recovery, Administrative Penalties and Appeals  
   Regulation (AR 381/2003)
Appeals Commission for the Alberta Workers'
   Compensation Board
Board of Examiners (for Mines)
Construction industry disputes resolution tribunals  
   established under section 191 of the Labour Relations Code
Disputes resolution tribunals appointed under  
   the Labour Relations Code
First Nations, Metis and Inuit Workforce Planning  
   Initiative Member of Legislative Assembly Committee
Joint First Aid Training Standards Board
Labour Relations Board
Land Agent Advisory Committee
Medical panels established under the Workers' Compensation Act
Multi-sector advisory council, if one or more is established under  
   the Labour Relations Code
Occupational Health and Safety Council
Office of the Medical Panel Commissioner
Public Emergency Tribunal under the Burial of the Dead Act
Radiation Health Advisory Committee
Training Provider Compliance and Administrative  
   Penalties Appeal Committee
Workers' Compensation Board
Energy
Advancing Energy Literacy in Alberta -  
   External Advisory Committee
Alberta Energy and Utilities Board
Alberta Petroleum Marketing Commission
Alberta Utilities Commission
Electric Utilities Act Advisory Committee
Energy Resources Conservation Board
Freehold Mineral Rights Tax Appeal Board
Environment
Baseline Well Water Scientific Review Panel
Buffalo Lake Management Committee
Drainage Council 
Environmental Appeals Board
Finance and Enterprise
Alberta Capital Finance Authority
Alberta Economic Development Authority
Alberta Insurance Council
Alberta Local Authorities Pension Plan Corporation
Alberta Pensions Services Corporation 
Alberta Securities Commission
Alberta Securities Commission Policy Advisory Committee
Automobile Insurance Rate Board 
Local Authorities Pension Plan Board of Trustees
Locked-In Account Advisory Committee
Management Employees Pension Board
Nominating committee established under the  
   Alberta Investment Management Corporation  
   Regulation (AR 225/2007) 
Northern Alberta Development Council
Public Service Pension Board
Regulatory Review Secretariat
Special Forces Pension Board
Health and Wellness 
Acupuncture Board of Examiners
Acupuncture Committee
Alberta Advisory Committee on AIDS and Sexually  
   Transmitted Infection
Alberta Expert Review Panel for Blood Borne  
   Infections in Health Care Workers
Alberta Health and Wellness Nomination Review Panel
Alberta Health Facilities Review Committee
Alberta Health Services
Board of Examiners in Podiatry
Claims Reassessment Advisory Committee Roster
Expert Committee on Drug Evaluation and Therapeutics
Eyecare Disciplines Advisory Committee
Health Disciplines Board
Health Professions Advisory Board
Health Quality Council of Alberta
Hospital Privileges Appeal Board
Midwifery Health Disciplines Committee
MS Drug Review Panel
Out-of-Country Health Services Appeal Panel
Out-of-Country Health Services Committee
Policy Advisory Committee on Blood Services
Premier's Advisory Council on Health
Provincial Electronic Health Record Data Stewardship Committee
Public Health Appeal Board
Review panels appointed under the Mental Health Act
Housing and Urban Affairs
Alberta Secretariat for Action on Homelessness 
Alberta Social Housing Corporation
Appeal boards appointed under the Social Care Facilities    Licensing 
Act
Community Development Advisory Board
Justice
Alberta Review Board
Fatality Review Board
Notaries Public Review Committee
Provincial Court Nominating Committee
Municipal Affairs
Municipal Government Board
Safety Codes Council
Seniors and Community Supports
Alberta Aids to Daily Living and Extended Health  
   Benefits Appeal Panels
Appeal boards appointed under the Social Care  
   Facilities Licensing Act
Appeal panels appointed under the Seniors Benefit Act
Appeal panels established under the Assured Income  
   for the Severely Handicapped Act
Persons with Developmental Disabilities Appeal Panel
Persons with Developmental Disabilities  
   Calgary Region Community Board
Persons with Developmental Disabilities  
   Central Region Community Board
Persons with Developmental Disabilities  
   Edmonton Region Community Board
Persons with Developmental Disabilities  
   Northeast Region Community Board
Persons with Developmental Disabilities  
   Northwest Region Community Board
Persons with Developmental Disabilities  
   South Region Community Board
Premier's Council on the Status of Persons with Disabilities
Seniors Advisory Council for Alberta
Service Alberta
Cemeteries Act appeal boards
Fair Trading Act appeal boards
Funeral Services Act appeal boards
Utilities Consumer Advocate Advisory Board
Solicitor General and Public Security
Appeal Tribunal appointed under the Horse Racing Alberta Act 
Criminal Injuries Review Board
Law Enforcement Review Board
Victims of Crime Program Committee
Sustainable Resource Development
Endangered Species Conservation Committee
Land Compensation Board
Natural Resources Conservation Board
Surface Rights Board
Tourism, Parks and Recreation
Alberta Sport, Recreation Parks and Wildlife Foundation
Strategic Tourism Marketing Council
Travel Alberta 
Transportation
Alberta Transportation Safety Board
Treasury Board
Advisory Committee on Alternative Capital Financing
Provincial Audit Committee
Schedule 2 
 
Provincial entities that are not prescribed  
Provincial entities for the purposes of the Act
Provincial entities not listed in Schedule 1 are not prescribed 
Provincial entities for the purposes of the Act and include the 
following:
Finance and Enterprise
Alberta Treasury Branches
ATB Insurance Advisors Inc.
ATB Investment Management Inc.
ATB Investment Services Inc. 
ATB Securities Inc.
Credit Union Deposit Guarantee Corporation
Gainers Inc.
N.A. Properties (1994) Inc.
Solicitor General and Public Security
Alberta Gaming and Liquor Commission
Schedule 3 
 
Members of Provincial Entities to whom  
the Act does not apply
The Act does not apply to the members of the following Provincial 
entities when the members are acting in their official capacity:
Alberta Investment Management Corporation
Alberta Non-Profit/Voluntary Sector Initiative  
   Collaboration Committee
Reclamation Criteria Advisory Committee
Setting the Direction for Special Education in  
   Alberta Steering Committee
Strategic Transportation Advisory Committee
Vermilion River Water Management Systems  
   Operations Advisory Committee


--------------------------------
Alberta Regulation 248/2009
Traffic Safety Act
SERVICE RESTRICTION AMENDMENT REGULATION
Filed: September 15, 2009
For information only:   Made by the Minister of Transportation (M.O. 21/09) on 
September 14, 2009 pursuant to section 64 of the Traffic Safety Act. 
1   The Service Restriction Regulation (AR 321/2002) is 
amended by this Regulation.

2   Section 1(d) is repealed and the following is substituted:
	(d)	sections 22 and 23 of the Highways Development and 
Protection Act;

3   Section 3 is amended by striking out "September 30, 2009" 
and substituting "September 30, 2012".

4   Section 2 comes into force on the coming into force of 
sections 22 and 23 of the Highways Development and 
Protection Act.


--------------------------------
Alberta Regulation 249/2009
Special Areas Act
APPLICATION OF PUBLIC LANDS ACT AMENDMENT REGULATION
Filed: September 15, 2009
For information only:   Made by the Lieutenant Governor in Council (O.C. 448/2009) 
on September 14, 2009 pursuant to section 5 of the Special Areas Act. 
1   The Application of Public Lands Act Regulation 
(AR 310/2003) is amended by this Regulation.

2   Section 1 is amended
	(a)	by striking out "47.1,";
	(b)	by striking out "62.1, 81(1.1),".

3   Section 3 is amended by striking out "September 30, 2009" 
and substituting "September 30, 2014".