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Alberta Regulation 180/2010
Metis Settlements Act
METIS SETTLEMENTS OMBUDSMAN AMENDMENT REGULATION
Filed: November 1, 2010
For information only:   Made by the Minister of Aboriginal Relations 
(M.O. MSO-02/2010) on October 28, 2010 pursuant to section 175.1 of the  
Metis Settlements Act. 
1   The Metis Settlements Ombudsman Regulation 
(AR 116/2007) is amended by this Regulation.

2   Section 1(b) is repealed.

3   Section 5(3) is repealed and the following is substituted:
(3)  If the Metis Settlements Ombudsman dies, resigns or is removed 
from office, an individual must be appointed by the Minister under 
section 4(1) as the Metis Settlements Ombudsman for the unexpired 
period of the term, or for any longer or shorter period the Minister 
consider appropriate or until a person is appointed under section 4.
(4)  Section 4(2) does not apply to the appointment of an individual 
as Metis Settlements Ombudsman under subsection (3).

4   Section 7 is repealed and the following is substituted:
Staff
7   In accordance with the Public Service Act, there must be 
appointed such staff as is required for the purposes of the office of 
the Metis Settlements Ombudsman.

5   Section 8 is repealed and the following is substituted:
Authority of Metis Settlements Ombudsman
8   The Metis Settlements Ombudsman is authorized to perform all 
or any of the functions, powers and duties of an investigator under 
section 171 to 175 of the Act with respect to
	(a)	a settlement, or
	(b)	an entity that is directly or indirectly controlled by a 
settlement council or by persons who are employees or 
officials of a settlement.

6   Section 9 is amended by renumbering it as section 9(1) 
and by adding the following after subsection (1):
(2)  If the Metis Settlements Ombudsman appoints an investigator 
under section 171 of the Act pursuant to subsection (1), the exercise 
of the investigator's authority is subject to the direction and control 
of the Metis Settlements Ombudsman.

7   Sections 11 and 14 are repealed.


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Alberta Regulation 181/2010
School Act
DISPOSITION OF PROPERTY REGULATION
Filed: November 2, 2010
For information only:   Made by the Minister of Education (M.O. 057/2010) on 
September 27, 2010 pursuant to section 201 of the School Act. 
Table of Contents
	1	Interpretation
Part 1 
Establishment of Policies
	2	Board policy respecting use of school buildings
	3	Policy set by Minister
	4	Board policy respecting surplus reserve land
	5	Policy set by Minister
	6	Declaration of surplus reserve land
	7	Declaration by Minister
Part 2 
Lease, Sale or Transfer of Real Property
	8	Lease of real property
	9	Method for sale of property
	10	Sale of real property
	11	Transfer of real property
Part 3 
Repeal, Expiry and Coming into Force
	12	Repeal
	13	Expiry
	14	Coming into force
Interpretation
1(1)  In this Regulation,
	(a)	"Act" means the School Act;
	(b)	"board" includes
	(i)	a Regional Authority of a Francophone Education 
Region, and
	(ii)	except in sections 2 to 7, an operator of a charter school;
	(c)	"Government contribution" means money provided by the 
Government to a board for a school building project and 
includes all money paid to a board from the former School 
Foundation Program Fund;
	(d)	"municipal and school reserve" means a municipal and 
school reserve within the meaning of the Municipal 
Government Act;
	(e)	"municipal reserve" means a municipal reserve within the 
meaning of the Municipal Government Act;
	(f)	"school reserve" means a school reserve within the meaning 
of the Municipal Government Act.
(2)  A reference to "Minister" in this Regulation is to be read as a 
reference to the Minister of Education.
Part 1 
Establishment of Policies
Board policy respecting use of school buildings
2(1)  A board must establish a policy respecting the criteria and 
process used to determine whether the board has use for a school 
building that has been closed pursuant to the Closure of Schools 
Regulation (AR 238/97).
(2)  A policy referred to in subsection (1) must include, but is not 
limited to, the consideration of
	(a)	demographic factors,
	(b)	other public educational uses for the school building, and
	(c)	any other criteria the board considers necessary.
Policy set by Minister
3(1)  Despite section 2, the Minister may establish a policy respecting 
the criteria and process that a board must apply to determine whether a 
board has use for a school building that has been closed pursuant to the 
Closure of Schools Regulation (AR 238/97).
(2)  If a policy established by the Minister under subsection (1) differs 
from a board's policy under section 2, the Minister's policy governs.
Board policy respecting surplus reserve land
4(1)  A board must establish a policy respecting the criteria and 
process used to determine for the purposes of section 672 of the 
Municipal Government Act whether its interest in a school reserve, 
municipal and school reserve or municipal reserve is surplus to the 
board's needs.
(2)  A policy referred to in subsection (1) must include, but is not 
limited to, the consideration of
	(a)	enrolment trends within the area intended to be served by the 
school reserve, municipal and school reserve or municipal 
reserve,
	(b)	student accommodation and transportation issues,
	(c)	whether a school on the school reserve, municipal and school 
reserve or municipal reserve is included in the board's capital 
plan,
	(d)	consultation with other boards with respect to their needs for 
the school reserve, municipal and school reserve or 
municipal reserve, and
	(e)	any other criteria the board considers necessary.
Policy set by Minister
5(1)  Despite section 4, the Minister may establish a policy respecting 
the criteria and process that a board must apply to determine whether 
its interest in a school reserve, municipal and school reserve or 
municipal reserve is surplus to the board's needs.
(2)  If a policy established by the Minister under subsection (1) differs 
from a board's policy under section 4, the Minister's policy governs.
Declaration of surplus reserve land
6(1)  If a board is of the opinion that a school reserve, municipal and 
school reserve or municipal reserve in which the board has an interest 
is surplus to the board's needs, the board must provide the Minister 
with a declaration to that effect.
(2)  A declaration under subsection (1) does not take effect until it is 
approved in writing by the Minister.
(3)  The Minister may refuse to approve a declaration under subsection 
(2) if the Minister is of the opinion that the board's interest in the 
school reserve, municipal and school reserve or municipal reserve 
should be used for public educational purposes.
(4)  If the Minister refuses to approve a declaration under subsection 
(2), the Minister may require the board to transfer its interest in the 
school reserve, municipal and school reserve or municipal reserve to 
another board in accordance with the Minister's direction.
Declaration by Minister
7   Despite section 6, if the Minister has established a policy under 
section 5, the Minister may by order declare a board's interest in a 
school reserve, municipal and school reserve or municipal reserve to 
be surplus to the board's needs.
Part 2 
Lease, Sale or Transfer of  
Real Property
Lease of real property
8(1)  Notwithstanding section 200(2) of the Act, a board may, without 
the approval of the Minister,
	(a)	lease any real property that is neither a school building nor a 
portion of a school building,
	(b)	lease a school building or portion of it for less than 12 
months, and
	(c)	lease a school building or portion of it for 12 months or more 
if the lease contains a termination provision allowing the 
board to terminate the lease on 12 months' notice.
(2)  On leasing a school building or portion of it for 10 days or longer, 
the board shall
	(a)	keep the lease agreement on file at the board's offices, and
	(b)	provide to the Minister any information related to the leasing 
of the school space that the Minister requires.
(3)  When, in the opinion of the Minister, space is available in a school 
building, the Minister may direct the board operating the school to 
make that space available to another board.
Method for sale of property
9(1)  If a board intends to sell
	(a)	an item of real property that has a value of more than 
$50 000, or
	(b)	an item of personal property that has a value of more than 
$10 000,
the board must conduct the sale in accordance with this section.
(2)  Prior to selling the property, the board shall obtain 2 or more 
current independent appraisals of the market value of the property.
(3)  The sale must be conducted by tender or public auction.
(4)  The board shall advertise the sale at least twice in a newspaper 
circulating in the district, division or Francophone Education Region 
prior to the sale.
(5)  The board may only sell the property if
	(a)	the bid or tender received is reasonable, in the opinion of the 
board, having regard to the appraisals it received, and
	(b)	in the case of real property, the Minister approves the sale 
after the bid or tender is received.
(6)  If the board selling the property obtains the approval of the 
Minister, subsections (2) to (5) do not apply where the sale is to
	(a)	another board,
	(b)	a municipality,
	(c)	a community association,
	(d)	a charitable or non-profit organization,
	(e)	the Crown in right of Canada or its agent, or
	(f)	the Crown in right of Alberta or its agent.
(7)  Subsections (3) to (5) do not apply to
	(a)	a sale of a teacherage by a board if the board selling the 
teacherage obtains the prior approval of the Minister for a 
procedure for selling the teacherage that is different from that 
set out in this section, or
	(b)	a sale of a property to which an agreement under section 
197(b) of the Act applies if the board selling its interest in the 
property obtains the prior approval of the Minister for a 
procedure for selling the property that is different from that 
set out in this section.
(8)  If a board offers real property for sale in accordance with 
subsections (3) to (5) but does not receive a reasonable bid or tender, 
the board may, with the prior approval of the Minister, list the property 
with a real estate agent.
Sale of real property
10(1)  If a board sells real property,
	(a)	the board must repay all the outstanding debt relating to that 
real property, and
	(b)	any proceeds remaining from the sale of the real property 
must be divided into 2 amounts so that
	(i)	one amount bears the same ratio to the remaining 
proceeds as the Government contribution bears to the 
total amount of the project for which that contribution 
was made, and
	(ii)	the other amount bears the same ratio to the remaining 
proceeds as the contribution by the board bears to the 
total amount of the project for which that board's 
contribution was made.
(2)  The remaining proceeds referred to in subsection (1)(b) that are 
attributable
	(a)	to the Government contribution under subsection (1)(b)(i) are 
to be retained by the board and, together with the interest 
earned, applied only
	(i)	to the cost of a future school building project approved 
by the Minister, or
	(ii)	to the current operations and maintenance of existing 
buildings with the prior approval of the Minister,
		and
	(b)	to the board under subsection (1)(b)(ii) may be applied only
	(i)	to a future capital expenditure, or
	(ii)	to the current operations and maintenance of existing 
buildings with the prior approval of the Minister.
Transfer of real property
11(1)  If, with the approval of the Minister, a board agrees to transfer 
to another board ownership of real property on which a school building 
is located,
	(a)	the amount payable to the transferring board must bear the 
same ratio to the current independent appraisal of the market 
value of the land, together with the depreciated value of the 
school building as set out in the board's most recent audited 
financial statements, as the contribution by the transferring 
board bears to the total amount of the project for which that 
board's contribution was made, and
	(b)	it is not necessary for the transferring board to repay any 
outstanding debt on the school building.
(2)  The amount payable under subsection (1)(a) is to be paid by the 
Government but if the board that is receiving the real property has any 
school building capital reserves, those reserves must be used to pay the 
amount payable under subsection (1)(a) and the shortfall, if any, is to 
be paid by the Government.
Part 3 
Repeal, Expiry and Coming  
into Force
Repeal
12   The Disposition of Property Regulation (AR 3/2001) is repealed.
Expiry
13   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 July 31, 2018.
Coming into force
14   This Regulation comes into force on the coming into force of 
sections 4 to 11 of the Municipal Government Amendment Act, 2008 
(No. 2).


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Alberta Regulation 182/2010
Apprenticeship and Industry Training Act
CRANE AND HOISTING EQUIPMENT OPERATOR TRADE 
AMENDMENT REGULATION
Filed: November 4, 2010
For information only:   Made by the Alberta Apprenticeship and Industry Training 
Board on October 1, 2010 and approved by the Minister of Advanced Education and 
Technology on October 26, 2010 pursuant to section 33(2) of the Apprenticeship and 
Industry Training Act. 
1   The Crane and Hoisting Equipment Operator Trade 
Regulation (AR 272/2000) is amended by this Regulation.

2   Section 20.1 is repealed.


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Alberta Regulation 183/2010
Apprenticeship and Industry Training Act
WATER WELL DRILLER TRADE AMENDMENT REGULATION
Filed: November 4, 2010
For information only:  Made by the Alberta Apprenticeship and Industry Training 
Board on October 1, 2010 and approved by the Minister of Advanced Education and 
Technology on October 26, 2010 pursuant to section 33(2) of the Apprenticeship and 
Industry Training Act. 
1   The Water Well Driller Trade Regulation (AR 310/2000) is 
amended by this Regulation.

2   Section 3 is amended by adding the following after 
clause (a):
	(a.1)	completing and grouting a bore hole;

3   Section 9 is amended by striking out "August 31, 2011" 
and substituting "August 31, 2018".


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Alberta Regulation 184/2010
Marketing of Agricultural Products Act
ALBERTA BEEF PRODUCERS AUTHORIZATION (LEVY) REGULATION
Filed: November 4, 2010
For information only:   Made by the Alberta Agricultural Products Marketing Council 
on October 27, 2010 and approved by the Minister of Agriculture and Rural 
Development on November 1, 2010 pursuant to section 26 of the Marketing of  
Agricultural Products Act.
Definitions
1(1)  In this Regulation,
	(a)	"Act" means the Marketing of Agricultural Products Act;
	(b)	"Plan" means the Alberta Beef Producers Plan Regulation 
(AR 286/2009).
(2)  Words used in this Regulation have the same meaning as they do 
in the Act and the Plan.
Levies
2   For the purposes of enabling the Commission to operate the Plan, 
the Commission is hereby  authorized under section 26(1) of the Act to 
make regulations
	(a)	providing for the assessment, charging and collection of 
levies from producers from time to time for the purposes of 
the Plan;
	(b)	providing for the taking of legal action to enforce payment of 
the levies;
	(c)	requiring any person who receives a regulated product from a 
producer
	(i)	to deduct from the money payable to the producer any 
levies payable by the producer to the Commission, and
	(ii)	to forward the amount deducted to the Commission;
	(d)	providing for payment to the Canada Board of money that is 
payable under the Canada Act.
Authority expires
3   The authority to make a regulation in respect of the matters referred 
to in section 2 and any regulation made under that authority expire on 
March 31, 2013.
Expiry
4   This Regulation expires on March 31, 2013.


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Alberta Regulation 185/2010
Municipal Government Act
NEWELL REGIONAL SERVICES CORPORATION REGULATION
Filed: November 4, 2010
For information only:   Made by the Lieutenant Governor in Council (O.C. 383/2010) 
on November 4, 2010 pursuant to section 603 of the Municipal Government Act. 
Table of Contents
	1	Definitions
	2	Application of Act
	3	Exemption from Public Utilities Act
	4	Dispute resolution
	5	Provision of extra-provincial services
	6	Repeal
	7	Expiry
	8	Coming into force
Definitions
1   In this Regulation,
	(a)	"Act" means the Municipal Government Act;
	(b)		"public utility" means a system or works used to provide the 
following for public consumption, benefit, convenience or 
use:
	(i)	water;
	(ii)	sewage disposal.
Application of Act
2(1)  Subject to subsection (2), sections 43 to 47 of the Act apply in 
respect of a utility service provided by Newell Regional Services 
Corporation.
(2)  Section 45(3)(b) of the Act does not apply in respect of a public 
utility owned or operated by Newell Regional Services Corporation.
Exemption from Public Utilities Act
3   Part 2 of the Public Utilities Act does not apply in respect of a 
public utility that
	(a)	is owned or operated by Newell Regional Services 
Corporation, and
	(b)	provides a utility service within the boundaries of a 
municipality that is a shareholder of Newell Regional 
Services Corporation.
Dispute resolution
4   If there is a dispute between a regional services commission and 
Newell Regional Services Corporation with respect to
	(a)	rates, tolls or charges for a service that is a public utility,
	(b)	compensation for the acquisition by the commission of 
facilities used to provide a service that is a public utility, or
	(c)	the commission's use of any road, square, bridge, subway or 
watercourse to provide a service that is a public utility,
any party involved in the dispute may submit it to the Alberta Utilities 
Commission, and the Alberta Utilities Commission may issue an order 
on any terms and conditions that the Alberta Utilities Commission 
considers appropriate.
Provision of extra-provincial services
5   Newell Regional Services Corporation shall not provide any utility 
services outside of Alberta without the prior written approval of the 
Minister.
Repeal
6   The Newell Regional Services Corporation Regulation 
(AR 236/2008) is repealed.
Expiry
7   This Regulation is made under section 603(1) of the Act and is 
subject to repeal under section 603(2) of the Act.
Coming into force
8   This Regulation comes into force on December 1, 2010.


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Alberta Regulation 186/2010
Marketing of Agricultural Products Act
ALBERTA PULSE GROWERS MARKETING PLAN 
AMENDMENT REGULATION
Filed: November 4, 2010
For information only:   Made by the Lieutenant Governor in Council (O.C. 387/2010) 
on November 4, 2010 pursuant to section 23 of the Marketing of Agricultural 
Products Act. 
1   The Alberta Pulse Growers Marketing Plan Regulation 
(AR 120/99) is amended by this Regulation.

2   Section 33(1) is repealed and the following is 
substituted:
Removal from office
33(1)  The Commission may, on a motion passed by 9 out of the 12 
commissioners at a special or regular Commission meeting, remove 
a commissioner from office if the commissioner fails to abide by any 
of the Commission's policies.



Alberta Regulation 187/2010
Municipal Government Act
COMMUNITY AGGREGATE PAYMENT LEVY 
AMENDMENT REGULATION
Filed: November 8, 2010
For information only:   Made by the Minister of Municipal Affairs (M.O. L:234/10) 
on October 28, 2010 pursuant to section 409.3 of the Municipal Government Act. 
1   The Community Aggregate Payment Levy Regulation 
(AR 263/2005) is amended by this Regulation.

2   Section 10 is amended by striking out "December 31, 2010" 
and substituting "December 31, 2015".


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Alberta Regulation 188/2010
Surface Rights Act
SURFACE RIGHTS ACT GENERAL AMENDMENT REGULATION
Filed: November 9, 2010
For information only:   Made by the Minister of Sustainable Resource Development 
(M.O. 37/2010) on October 27, 2010 pursuant to section 41 of the Surface Rights Act. 
1   The Surface Rights Act General Regulation 
(AR 195/2007) is amended by this Regulation.

2   Section 5 is amended
	(a)	in subsection (3) by adding "or permit" after "licence";
	(b)	by adding the following after subsection (5):
(6)  Where an application for a right of entry order pertains to a 
coal mine, the application must be accompanied by a copy of the 
licence granted by the Energy Resources Conservation Board 
under the Coal Conservation Act.

3   Section 6 is repealed and the following is substituted:
Plan required with application
6   An application for a right of entry order must be accompanied by 
a plan of survey prepared by an Alberta land surveyor and affixed 
with his or her signature or stamp showing the location, dimensions 
and acreage of the land required coloured or outlined in red, except 
that where the land required is for a pipeline, power transmission 
line or telephone line, the location, dimensions and acreage of land 
must be coloured or outlined in green.

4   Sections 7, 8 and 10 are repealed.

5   Section 11 is amended
	(a)	in subsection (2)
	(i)	in clause (a) by adding "currently" after 
"respondent";
	(ii)	in clause (b) by adding "currently" after 
"respondents";
	(b)	by repealing subsection (4).

6   Section 13 is repealed.

7   Section 16 is amended by striking out "November 30, 2010" 
and substituting "November 30, 2015".

8   Schedules 1 to 3 are repealed and the following are 
substituted:
Schedule 1  
 
Surface Rights Act  
(Section 15) 
 
APPLICATION FOR RIGHT OF ENTRY
1   Land Description:    (Insert short legal land description, including 
Certificate of Title number, if applicable)   
2   Applicant:    (Insert name as it appears on the approval, permit or 
licence)   
3   Respondents:
	(a)	Owner(s) in whose name a certificate of title to the land is 
issued under the Land Titles Act:
Name: (as it appears on 
Certificate of Title)
Address: (as it appears on 
Certificate of Title)
Other Address(es): 
(if applicable) 

	(b)	Owner(s) if no certificate of title to the land is issued:
Name: (the Crown or other 
body administering the land)
Address:
Other Address(es): 
(if applicable) 

	(c)	Occupant(s) other than the owner who is (are) in actual 
possession of the land:
Name: 

Address:
	(d)	Occupant(s) on a certificate of title under the Land Titles Act 
as having an interest in the land:
Name: (as it appears 
on Certificate of Title)
Address: (as it appears 
on Certificate of Title)
Other Address(es): 
 (if applicable) 

Registration 
No.:
	(e)	Occupant(s): an operator granted right of entry in respect of 
the land pursuant to a right of entry order:
Name: (the operator as it 
appears on the current 
right of entry order) 

Current 
Address:
Registration No.: 
(if applicable)
Right of Entry 
Order No.: 
	(f)	Occupant: in the case of Crown land, a person shown on the 
records of the department or other body administering the 
land as having an interest in the land:
Name: 
Address on Record:
Other Address(es): (if 
applicable) 

4   The Applicant has the right to apply to the Surface Rights Board for 
a right of entry order by:
Approval/Permit/Licence No.:
Date:
Issued By: 

5   This application is for a right of entry order in respect of the surface 
of the land above described as outlined or coloured in the prescribed 
colour on the attached certified plan (if applicable).
6   The total area applied for on this application is _____ acres and the 
area has been approved by __________ (insert approving authority).
7   The Applicant requires the land for the following purpose(s): (from 
applicable section of the Surface Rights Act)  	 
	
8   The Applicant has made a written offer to the Respondent(s) 
_________________ on _______ and has been unable to reach an 
agreement for the acquisition of the required interest in the surface of 
the land with the Respondent(s) ____________ for the following 
reason(s):  	 
	
9   The Applicant requires immediate right of entry.
10   The Applicant's address for service is:  	
Dated ___________________      	 
	Signature of Applicant/Agent    
at ______________, Alberta
TO   The Surface Rights Board 
         (give full address of the Board)
Schedule 2  
 
Surface Rights Act  
(Section 15(4)) 
 
NOTICE TO RESPONDENTS
TAKE NOTICE that an application in the form attached has been 
made to the Surface Rights Board pursuant to the Surface Rights Act 
for a right of entry order;
The Board may issue the order applied for after 14 CLEAR DAYS 
from the date of service of this Notice and without any further notice to 
you;
If you wish to object to the Board issuing an order granting right of 
entry, you may do so in writing, including reasons for the objection, to 
the Board at:
	 
Insert full address of the Board
Surface Rights Board File No. 	
Schedule 3  
 
Surface Rights Act  
(Section 15(4)) 
 
LETTER OF CONSENT TO RIGHT OF ENTRY ORDER
(A separate Letter of Consent is required for each Respondent consenting) 
Surface Rights Board File No. ____________________
I,   (Name of Respondent)  , being a Respondent in the Application for 
right of entry
1   Have received a copy of the filed Schedule 1 Application and filed 
Schedule 2 Notice to Respondents.
2   Consent to an order issued by the Surface Rights Board granting 
right of entry in accordance with the application.
3   Understand that signing this Letter of Consent does not affect my 
right to compensation.
Dated _________________ at ______________________, Alberta.
________________________      	 
Signature of witness	Signature (Seal) of Respondent    
________________________  
Printed name of witness 
________________________  
Address of witness