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Alberta Regulation 133/2011
Oil Sands Conservation Act
OIL SANDS CONSERVATION AMENDMENT REGULATION
Filed: July 7, 2011
For information only:   Made by the Energy Resources Conservation Board on June 
27, 2011 pursuant to section 20 of the Oil Sands Conservation Act. 
1   The Oil Sands Conservation Regulation (AR 76/88) is 
amended by this Regulation.

2   Section 1(2)(x) is repealed.

3   Section 2 is amended by striking out "section 10, 11, 12 or 
13 of the Act" and substituting "section 10, 11 or 13 of the Act".


--------------------------------
Alberta Regulation 134/2011
Protection Against Family Violence Act
PROTECTION AGAINST FAMILY VIOLENCE AMENDMENT REGULATION
Filed: July 14, 2011
For information only:   Made by the Lieutenant Governor in Council (O.C. 293/2011) 
on July 13, 2011 pursuant to section 14 of the Protection Against Family Violence 
Act. 
1   The Protection Against Family Violence Regulation 
(AR 80/99) is amended by this Regulation.

2   Section 1 is amended 
	(a)	in subsection (1)(c) by striking out "designated";
	(b)	in subsection (2)(a)
	(i)	in subclause (i) by adding "and" after "duties,";
	(ii)	in subclause (ii) by striking out "and";
	(iii)	by repealing subclause (iii).
3   Section 2 is repealed.

4   This Regulation comes into force on the coming into 
force of the Protection Against Family Violence Amendment 
Act, 2011.


--------------------------------
Alberta Regulation 135/2011
Municipal Government Act
BARRHEAD REGIONAL WATER COMMISSION REGULATION
Filed: July 14, 2011
For information only:   Made by the Lieutenant Governor in Council (O.C. 295/2011) 
on July 13, 2011 pursuant to section 602.02 of the Municipal Government Act. 
Table of Contents
	1	Definition
	2	Establishment
	3	Members
	4	Services
	5	Operating deficits
	6	Sale of property
	7	Profit and surpluses
	8	Approval
	9	Transfer of property
	10	Assumption of debts, etc. 
Definition
1   In this Regulation, "member municipality" means a municipality 
referred to in section 3.
Establishment
2   A regional services commission known as the Barrhead Regional 
Water Commission is established.
Members
3   The following municipalities are members of the Commission:
	(a)	County of Barrhead No. 11;
	(b)	Town of Barrhead.
Services
4   The Commission is authorized to provide potable water through the 
operation of a water treatment and transmission system.
Operating deficits
5   The Commission may not assume operating deficits that are shown 
on the books of any of the member municipalities.
Sale of property
6(1)  The Commission may not, without the approval of the Minister, 
sell any of its land, buildings, equipment or inventory whose purchase 
has been funded wholly or partly by grants from the Government of 
Alberta.
(2)  The Minister may not approve a sale under subsection (1) unless 
the Minister is satisfied
	(a)	as to the repayment of the grants from the Government of 
Alberta and outstanding debt associated with that portion of 
the land, buildings, equipment or inventory to be sold,
	(b)	that the sale would not have a significant adverse effect on 
the services the Commission provides, and
	(c)	that the sale will be properly reflected in the rates 
subsequently charged to the customers of the Commission.
Profit and surpluses
7   Unless otherwise approved by the Minister, the Commission may 
not
	(a)	operate for the purposes of making a profit, or
	(b)	distribute any of its surpluses to its member municipalities.
Approval
8   The Minister may make an approval under section 6 or 7 subject to 
any terms or conditions the Minister considers appropriate.
Transfer of property
9   The member municipalities shall execute all documents and do all 
things necessary to transfer to the Commission the Neerlandia 
Waterline.
Assumption of debts, etc.
10   All debts and liabilities, all titles, easements and rights of way and 
crossing and all service, construction and consulting agreements 
incurred, held or entered into by any of the member municipalities 
with respect to the Neerlandia Waterline are assumed by the 
Commission, and the Commission shall enter into any agreements, 
execute any documents and do any other things that are necessary to 
assume those debts, liabilities, titles, easements, rights of way and 
crossing and agreements.


--------------------------------
Alberta Regulation 136/2011
Municipal Government Act
HIGHWAY 28/83 REGIONAL WATER SERVICES 
COMMISSION REGULATION
Filed: July 14, 2011
For information only:   Made by the Lieutenant Governor in Council (O.C. 296/2011) 
on July 13, 2011 pursuant to sections 602.02 and 602.4 of the Municipal Government 
Act. 
Table of Contents
	1	Definitions
	2	Establishment
	3	Member municipalities
	4	Services
	5	Operating deficits
	6	Sale of property
	7	Profit and surpluses
	8 	Approval
	9	Transfer of assets
	10	Assumption of debts, etc.
	11	Disestablishment
	12	Repeal 
 
Schedule
Definitions
1   In this Regulation, 
	(a)	"former Commission" means the Thorhild Regional Water 
Services Commission established by the Thorhild Regional 
Water Services Commission Regulation (AR 367/92);
	(b)	"member municipality" means a municipality referred to in 
section 3.
Establishment
2   A regional services commission known as the Highway 28/63 
Regional Water Services Commission is established.
Member municipalities
3   The following municipalities are members of the Commission:
	(a)	The County of Thorhild No. 7;
	(b)	Smoky Lake County;
	(c)	Town of Smoky Lake;
	(d)	Village of Vilna;
	(e)	Village of Waskatenau.
Services
4   The Commission is authorized to provide for the transmission of 
potable water.
Operating deficits
5   The Commission may not assume operating deficits that are shown 
on the books of any of the member municipalities.
Sale of property
6(1)  The Commission may not, without the approval of the Minister, 
sell any of its land, buildings, equipment or inventory whose purchase 
has been funded wholly or partly by grants from the Government of 
Alberta.
(2)  The Minister may not approve a sale under subsection (1) unless 
the Minister is satisfied
	(a)	as to the repayment of the grants from the Government of  
Alberta and outstanding debt associated with that portion of 
the land, buildings, equipment or inventory to be sold,
	(b)	that the sale would not have a significant adverse effect on 
the services the Commission provides, and
	(c)	that the sale will be properly reflected in the rates 
subsequently charged to the customers of the Commission.
Profit and surpluses
7   Unless otherwise approved by the Minister, the Commission may 
not
	(a)	operate for the purposes of making a profit, or
	(b)	distribute any of its surpluses to its member municipalities.
Approval
8   The Minister may make an approval under section 6 or 7 subject to 
any terms or conditions the Minister considers appropriate.
Transfer of assets
9(1)  The former Commission shall execute all documents and do all 
things necessary to transfer to the Commission all land, buildings and 
personal property held or acquired by the former Commission for the 
design, construction or provision of water services by the regional 
system, including the property specified in the Schedule.
(2)  The member municipalities shall execute all documents and do all 
things necessary to transfer to the Commission all land, buildings and 
personal property held or acquired by the member municipalities for 
the design, construction or provision of water services by the regional 
system, including the property specified in the Schedule.
Assumption of debts, etc.
10(1)  All debts and liabilities, all titles, easements and rights of way 
and crossing and all service, construction, consulting and other 
agreements incurred, held or entered into by any of the member 
municipalities or the former Commission with respect to the land, 
buildings and other property listed in the Schedule to this Regulation 
are assumed by the Commission.
(2)  The municipalities, the former Commission and the Commission 
shall enter into any agreements, execute any documents and do any 
other things necessary to allow the Commission to assume those debts, 
liabilities, titles, easements, rights of way and crossing and service, 
construction, consulting and other agreements referred to in subsection 
(1).
Disestablishment
11   On the transfer of the assets and liabilities of the former 
Commission to the Commission in accordance with section 9, and the 
assumption by the Commission of all debts and liabilities, titles, 
easements, rights of way and crossing and all service, construction, 
consulting and other agreements incurred, held or entered into by the 
former Commission in accordance with section 10, the former 
Commission is disestablished.
Repeal
12   The Thorhild Regional Water Services Commission Regulation 
(AR 367/92) is repealed on December 31, 2011.
Schedule
Transmission waterlines to be acquired by the Commission from the 
former Commission:
Town of Redwater to  
   Hamlet of Egremont 	14 km	200 mm pipe
Hamlet of Egremont to  
   Hamlet of Thorhild	14 km	200 mm pipe
Hamlet of Egremont to  
   Hamlet of Radway	12.75 km	100 mm pipe
Transmission waterlines to be acquired by the Commission from The 
County of Thorhild No.7:
Thorhild to Abee	11 km	150 mm PVC pipe
Abee to Newbrook	12 km	150 mm PVC pipe
Radway to Waskatenau	11 km	300 mm PVC pipe


--------------------------------
Alberta Regulation 137/2011
Municipal Government Act
KNEEHILL REGIONAL WATER SERVICES COMMISSION 
AMENDMENT REGULATION
Filed: July 14, 2011
For information only:   Made by the Lieutenant Governor in Council (O.C. 297/2011) 
on July 13, 2011 pursuant to section 602.02 of the Municipal Government Act. 
1   The Kneehill Regional Water Services Commission 
Regulation (AR 224/2003) is amended by this Regulation.
2   The title of the Regulation is repealed and the following 
is substituted:
AQUA 7 REGIONAL WATER  
COMMISSION REGULATION

3   The following is added after section 1:
Change of name
1.1(1)  The name of the Commission is changed to the Aqua 7 
Regional Water Commission. 
(2)  The change of name does not affect any obligation, right, action 
or property of the Commission.
(3)  The use of the former name of the Commission in any 
proceedings, agreements, notices or documents after the name has 
been changed does not affect the validity of those proceedings, 
agreements, notices or documents.


--------------------------------
Alberta Regulation 138/2011
Safety Codes Act
PRESSURE EQUIPMENT SAFETY AMENDMENT REGULATION
Filed: July 14, 2011
For information only:   Made by the Lieutenant Governor in Council (O.C. 298/2011) 
on July 13, 2011 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 1(1) is amended by adding the following after 
clause (ee): 
	(ee.1)	"shop inspection" means the inspection by a safety codes 
officer of any boiler or pressure vessel during, and upon 
completion of, construction in Alberta;

3   Section 3(a) is amended by striking out "(AR 113/2005)" 
and substituting "(AR 111/2010)". 

4   Section 6 is amended 
	(a)	in clause (d) by striking out "2007" and substituting 
"2010";
	(b)	in clause (e)
	(i)	in subclause (i) by striking out "2004" and 
substituting "2010";
	(ii)	in subclause (ii) by striking out "2006" and 
substituting "2010";
	(iii)	in subclause (iii) by striking out "2001" and 
substituting "2010";
	(iv)	in subclause (iv) by striking out "2004" and 
substituting "2008";
	(c)	in clause (g)
	(i)	in subclause (i) by striking out "2004" and 
substituting "2011";
	(ii)	in subclause (ii) by striking out "2004" and 
substituting "2008";
	(d)	in clause (h) by striking out "1998" and substituting 
"2008";
	(e)	in clause (i) by striking out "8th" and substituting 
"9th";
	(f)	in clause (j)
	(i)	by striking out "2002" and substituting "2006";
	(ii)	by striking out "4th" and substituting "6th";
	(g)	by adding the following after clause (j):
	(k)	ISO-16528 Boilers and Pressure Vessels - Part 1, 1st 
Edition, 2007 for construction not addressed in the 
above codes and standards provided the same 
engineering philosophy, safety margins and 
administrative requirements in CSA B51 are followed. 

5   Section 25 is amended by striking out "and" at the end of 
clause (a), adding "and" at the end of clause (b) and adding 
the following after clause (b):
	(c)	ensure shop inspection is conducted by a safety codes officer 
when the manufacturer's data report must be certified. 


--------------------------------
Alberta Regulation 139/2011
Agriculture Financial Services Act
AGRICULTURE FINANCIAL SERVICES AMENDMENT REGULATION
Filed: July 14, 2011
For information only:   Made by the Lieutenant Governor in Council (O.C. 299/2011) 
on July 13, 2011 pursuant to section 56 of the Agriculture Financial Services Act. 
1   The Agriculture Financial Services Regulation 
(AR 99/2002) is amended by this Regulation.

2   Section 46.4(a) is amended by adding "or hogs" after "beef 
cattle".

3   Section 46.51(b) is amended by striking out ", to which the 
livestock is relocated for feeding due to emergency or other 
extenuating circumstances".


--------------------------------
Alberta Regulation 140/2011
Peace Officer Act
PEACE OFFICER AMENDMENT REGULATION
Filed: July 14, 2011
For information only:   Made by the Lieutenant Governor in Council (O.C. 317/2011) 
on July 13, 2011 pursuant to section 28 of the Peace Officer Act. 
1   The Peace Officer Regulation (AR 291/2006) is amended 
by this Regulation.

2   Section 5(2)(a) is repealed and the following is 
substituted:
	(a)	that occurs in the course of the peace officer's duties 
pursuant to that peace officer enforcing any of the following 
Acts or regulations under those Acts:
	(i)	the Animal Protection Act;
	(ii)	the Dangerous Dogs Act;
	(iii)	the Provincial Parks Act;
	(iv)	the Stray Animals Act;
	(v)	the Wildlife Act;
		or

3   Section 9 is amended by striking out "75%" and 
substituting "50%".

4   Section 11 is amended by striking out "March 31, 2012" 
and substituting "March 31, 2021".


--------------------------------
Alberta Regulation 141/2011
Election Act
ELECTION ACT FORMS REGULATION
Filed: July 14, 2011
For information only:   Made by the Lieutenant Governor in Council (O.C. 319/2011) 
on July 13, 2011 pursuant to section 207 of the Election Act. 
Election Act forms
1(1)  The forms in the Schedule to this Regulation are prescribed for 
the purposes of the sections of the Election Act indicated on the forms.
(2)  The forms required to be prescribed under the Election Act that are 
not set out in the Schedule are to be prescribed by the Chief Electoral 
Officer.
Repeal
2   The Election Act Forms Regulation (AR 213/2004) is repealed.


Schedule 
 
Form 1 
(Section 39)
Writ of Election
 
Canada
Province of Alberta
Elizabeth The Second, by the Grace of God, of the United Kingdom, 
Canada and her other Realms and Territories, Queen, Head of the 
Commonwealth, Defender of the Faith.
To                  , Returning Officer of the Electoral 
Division of 	.
Greeting:
We command you that, notice of the time and place of election being 
given, you do cause an election to be held according to law, to elect a 
Member to serve in the Legislative Assembly of Our Province of 
Alberta for the Electoral Division of         with nomination day for the 
election to be the     day of       , 20__, and that in the event of a poll 
being required you do cause a poll to be taken on the      day of        , 
20   , and you do certify the name of the member so elected to the 
Chief Electoral Officer on the      day of         , 20    , being the date 
fixed for the return of the writ.
Dated at the City of Edmonton in the Province of Alberta, this            
day of             , 20     .
	Endorsement                             
By Order:                                      This writ received on the 
	       day of       , 20                                   
                                                                                                        
 Chief Electoral Officer                          Returning Officer


Form 2 
(Sections 9, 28, 47, 47.1, 71, 73, 113)
Appointment and Oath of Election Officer
I,      (print name)      of          (print address)         , appointed as 
     (position)      in the Electoral Division of                           , Polling 
Subdivision number     (complete if applicable)   , in the Province of 
Alberta, swear (or affirm) that I am legally qualified to act as  
  (position)   and that I will act impartially and diligently in carrying 
out my duties under the Election Act.
Sworn (or affirmed) before me	) 
at the                 of               , in the 	) 
Province of Alberta, this         day 	) 		 
of                        , 20        .	)	(signature of election officer) 
                                                        	)  
 (signature of authorized person)
Print name:                                           
Authority to administer oath: 
                                                              


Form 3 
(Sections 59, 60, 61)
Candidate Nomination Paper
We, the undersigned electors, resident in the Electoral Division of 
                     , nominate     (print name of candidate )   , representing    
(political party, if applicable)   , as a candidate for the election.

Printed Name 
of Elector
Residential Address in
Electoral Division
Signature of Elector
1


2


3


I,    (print name)   , swear (or affirm) that I witnessed the signatures of 
the electors recorded on this Candidate Nomination Paper.
Sworn (or affirmed) before me	) 
at the                 of               , in the 	) 
Province of Alberta, this         day 	) 		 
of                        , 20        .	)	(signature of witness) 
                                                        	)  
 (signature of authorized person)
Print name:                                           
Authority to administer oath: 
                                                              

A person who takes a false oath under the Election Act commits an 
offence and is liable to a fine or imprisonment.

? Each elector must be ordinarily resident in the named 
electoral division. 
? To be signed by 25 or more electors in the presence of the 
witness.
? Each page containing signatures must be witnessed.


Address for Service
Documents may be served and notices given respecting the candidate 
at:
     (campaign address including postal code - for publication)	
                (campaign telephone number - for publication)	
                   (campaign fax number - for publication)	
Official Agent
In accordance with section 60 of the Election Act, I appoint   (print 
name of official agent)   of   (complete home address including postal 
code) (telephone number) as my official agent.
I,    (print name)   , confirm that I am not a candidate and that I consent 
to my appointment as the official agent.
                                                                     	                             
           (signature of official agent)         	(date)          
Declaration of Candidate
I,    (print name of candidate)  , declare that I am eligible under section 
56 of the Election Act to be a candidate, that I consent to my 
nomination and that I wish my name to appear on the ballot paper as 
        (print any combination of given name, middle name, initials or 
nickname)                                   (print surname)  	.
Complete A or B, whichever applies
	A	The Candidate Nomination Endorsement Certificate from 
  (political party)   confirms that I am the officially endorsed 
candidate for the Electoral Division of 
	
OR
	B	I am an independent candidate in the Electoral Division of 
	
I understand that prior to my nomination being accepted, I 
must be registered with the Office of the Chief Electoral 
Officer pursuant to section 9 of the Election Finances and 
Contributions Disclosure Act.
                                                       	                             
        (signature of candidate)	(date)         


Form 4 
(Sections 64, 65(2))
Election Acclamation
I hereby certify that the candidate elected for the Electoral Division of  
                                           in pursuance of the Writ of Election is 
      (name of candidate)    (political party if applicable)          
The acclamation is the result of (check one):
	?	no other candidates having been nominated
OR
	?	the other candidate(s) having withdrawn
         	                                            
        (signature of returning officer)                          (date)     


Form 5 
(Section 78)
Oath of Interpreter
I,      (print name)      of                (address)                appointed as an 
interpreter in the Electoral Division of                            for polling 
station number(s)                   in the Province of Alberta, swear (or 
affirm)
?	that I will faithfully read or translate such statements, instructions, 
questions and answers as required at this election,
?	that I will not attempt to discover and will, by every means in my 
power, prevent any other person from finding out how any person 
is about to vote, or has voted, at this election,
?	that I will not communicate to any person any information of any 
kind that may enable or assist any person to ascertain how any 
person has voted, and
?	that I will, in all respects, maintain and aid in maintaining the 
absolute secrecy of the voting at this polling place and at this 
election.
Sworn (or affirmed) before me	) 
at the                 of               , in the 	) 
Province of Alberta, this         day 	) 		 
of                        , 20        .	)	(signature of interpreter) 
                                                        	)  
 (signature of authorized person)
Print name:                                           
Authority to administer oath: 
                                                              

A person who takes a false oath under the Election Act commits an 
offence and is liable to a fine or imprisonment.


Form 6 
(Section 82) 
 
Affidavit of Printer
Electoral Division of 	
I,    (print name)   , swear (or affirm)
?	that by direction of the returning officer for the above named 
Electoral Division I printed the ballots for use at the election to be 
held on the                           day of                                , 20    on the 
paper furnished for that purpose,
?	that the attached sample shows the description of the ballots 
printed by me,
?	that I supplied the returning officer with    (number of ballots)    
ballots, and
?	that no other of the ballots were printed by or supplied by me to 
anyone.
Sworn (or affirmed) before me	) 
at the                 of               , in the 	) 
Province of Alberta, this         day 	) 		 
of                        , 20        .	)	(signature of printer) 
                                                        	)  
 (signature of authorized person)
Print name:                                            
Authority to administer oath:
                                                               

A person who takes a false oath under the Election Act commits an 
offence and is liable to a fine or imprisonment.


Form 7 
(Section 83)
Form of Ballot
FRONT OF BALLOT
Stub           Counterfoil              Ballot


CANDIDATE'S NAME 
NAME OF PARTY OR 
INDEPENDENT 




CANDIDATE'S NAME 
NAME OF PARTY OR 
INDEPENDENT 




CANDIDATE'S NAME 
NAME OF PARTY OR 
INDEPENDENT 




CANDIDATE'S NAME 
NAME OF PARTY OR 
INDEPENDENT

BACK OF BALLOT
0 0 0 0 0 0 0 0

S
t
u
b
0 0 0 0 0 0 0 0
Number from 
Poll Book           
C
o
u
n
t
e
r
f
o
i
l
INITIALS OF 
     DRO 
                    
Electoral Division of 
                           
Year                
 
               (SECOND FOLD)  
B
a
l
l
o
t
(FIRST FOLD)





Form 8 
(Section 93)
Oath of Secrecy
Electoral Division of             
Polling Subdivision Number             
I,     (print name)      , swear (or affirm)
?	that I will not communicate to any person any information of any 
kind that may enable or assist any person to ascertain how any 
person has voted;
(The following applies to persons referred to in section 92(1) of the 
Election Act in a polling place during polling hours)
?		that I will not attempt to discover and will, by every means in my 
power, prevent any other person from finding out how any person 
is about to vote or has voted in this election, except as required 
under section 96 (voter assistance);
(The following applies to persons present during the unofficial count)
?	that I will not attempt to discover and will, by every means in my 
power, prevent any other person from finding out how any person 
has voted in this election.
Sworn (or affirmed) before me	) 
at the                 of               , in the 	) 
Province of Alberta, this         day 	) 		 
of                        , 20        .	)	   (signature of person taking oath) 
                                                        	) 		 
 (signature of authorized person)		    (position of person taking oath)
Print name:                                           
Authority to administer oath: 
                                                              

A person who takes a false oath under the Election Act commits an 
offence and is liable to a fine or imprisonment.


Form 9 
(Sections 95, 99, 104)
Declaration of Elector
Electoral Division of             
Polling Subdivision Number             
I,          (first name)                    (middle name)          (surname)    of  
    (residential address)          (city/town/village)       (postal code, if applicable)   
 (mailing address-if different from above)   (city/town/village)  (province)   (postal code), 
declare that I have not previously voted at this election and that I am a qualified 
elector by virtue of being
?	a Canadian citizen,
?	18 years of age or older,
?	ordinarily resident in Alberta for at least the immediately 
preceding 6 months, and
?	ordinarily resident in the polling subdivision in which I wish to 
vote.
I make this declaration conscientiously believing it to be true and 
believing that it is of the same force and effect as if made under oath.
                                         	                           
  (signature of elector)  	(date)        

A person who signs a false declaration under the Election Act 
commits an offence and is liable to a fine or imprisonment.
Proof of Identity and Residence (check one)
	?	Photograph identification issued by a federal, provincial or 
municipal government in Canada or a government agency 
containing the elector's name and current address
OR
	?	2 pieces of identification authorized by the Chief Electoral 
Officer containing the elector's name
		(the elector's current address must be contained on at least 
one of the pieces of identification)
		Type of identification: 	
		Type of identification: 	
OR
	?	A declaration has been signed vouching for the elector


Form 10 
(Section 95)
Vouching Declaration
Electoral Division of                                                             
I,   (first name)     (middle name)       (surname)  , declare
?	that I personally know the following who live(s) at the address(es) 
indicated:
Print name                        Print residential address                      
                                                                                                     
                                                                                                     
                                                                                                    
?	that I am a qualified elector and my name properly appears on the 
List of Electors for polling subdivision number ______, and
?	that I truly believe that the person(s) named above is (are) 
ordinarily resident at the address(es) listed above.
I make this declaration conscientiously believing it to be true and 
believing that it is of the same force and effect as if made under oath.
                                                      	                             
  (signature of vouching elector)  	(date)          

A person who signs a false declaration under the Election Act 
commits an offence and is liable to a fine or imprisonment.
TO BE COMPLETED BY THE DEPUTY RETURNING OFFICER 
OR THE REGISTRATION OFFICER:
?  Name of vouching elector appears on the List of Electors for 
polling subdivision number _____________.
PROOF OF IDENTITY AND RESIDENCE (Check One)
	?	Photograph identification issued by a federal, provincial or 
municipal government in Canada or a government agency 
containing the elector's name and current address
OR
	?	2 pieces of identification authorized by the Chief Electoral 
Officer containing the elector's name
		(the elector's current address must be contained on at least 
one of the pieces of identification)
		Type of identification: 	
		Type of identification: 	


Form 11 
(Section 96)
Oath of Inability to Read the Ballot 
or Physical Incapacity
Electoral Division of             
Polling Subdivision Number             
I,    (print name)   , swear (or affirm) that I am unable to read the 
ballot, or that due to physical incapacity I am unable to mark the ballot.
Sworn (or affirmed) before me	) 
at the                 of               , in the 	) 
Province of Alberta, this         day 	) 		 
of                        , 20        .	)	(signature or mark of voter) 
                                                        	)  
 (signature of deputy returning officer)

A person who takes a false oath under the Election Act commits an 
offence and is liable to a fine or imprisonment.


Form 12 
(Section 96)
Oath of Friend of Voter
Electoral Division of             
Polling Subdivision Number             
I,    (print name)    of    (print residential address)   , swear (or affirm) 
that I will mark the ballot in the manner directed by    (print name of 
voter)    and I will keep secret how I marked the ballot.
Sworn (or affirmed) before me	) 
at the                 of               , in the 	) 
Province of Alberta, this         day 	) 		 
of                        , 20        .	)	(signature of friend of voter) 
                                                        	)  
 (signature of deputy returning officer)

A person who takes a false oath under the Election Act commits an 
offence and is liable to a fine or imprisonment.


Form 13 
(Section 108)
Oath of Elector (Alleged Impersonation)
Electoral Division of             
Polling Subdivision Number             
I,          (first name)                    (middle name)          (surname)    of  
    (residential address.)          (city/town/village)     _(postal code, if applicable),  
 (mailing address-if different from above)   (city/town/village)  (province)   (postal code), 
swear (or affirm) that I have not previously voted at this election and that I 
am a qualified elector by virtue of being
?	a Canadian citizen,
?	18 years of age or older,
?	ordinarily resident in Alberta for at least the immediately 
preceding 6 months, and
?	ordinarily resident in the polling subdivision in which I wish to vote.
Sworn (or affirmed) before me	) 
at the                 of               , in the 	) 
Province of Alberta, this         day 	) 		 
of                        , 20        .	)	(signature of elector) 
                                                        	)  
 (signature of authorized person)
Print name:                                           
Authority to administer oath: 
                                                              

A person who takes a false oath under the Election Act commits an 
offence and is liable to a fine or imprisonment.
TO BE COMPLETED BY THE DEPUTY RETURNING OFFICER 
OR THE REGISTRATION OFFICER:
PROOF OF IDENTITY AND RESIDENCE (Check One)
	?	Photograph identification issued by a federal, provincial or 
municipal government in Canada or a government agency 
containing the elector's name and current address
OR
	?	2 pieces of identification authorized by the Chief Electoral 
Officer containing the elector's name
		(the elector's current address must be contained on at least 
one of the pieces of identification)
		Type of identification: 	
		Type of identification: 	
OR
	?	A declaration has been signed vouching for the elector


Form 14 
(Section 112)
Poll Clerk's Oath After Conclusion of the Count
I,     (print name)   , poll clerk for polling station number(s)  	 located at  
(polling place name)  in the Electoral Division of            swear (or 
affirm)
	?	that the Poll Book for the poll kept under the direction of 
   (print name)   , who acted as deputy returning officer was 
kept correctly by me to the best of my skill and judgment, 
and
	?		that the total number of ballots cast according to the Poll 
Book is        and that to the best of my knowledge and belief 
it contains a true and exact record of the voters who voted at 
this polling station.
Sworn (or affirmed) before me	) 
at the                 of               , in the 	) 
Province of Alberta, this         day 	) 		 
of                        , 20        .	)	(signature of poll clerk) 
                                                        	)  
 (signature of deputy returning officer)


Form 15 
(Section 112)
Deputy Returning Officer's Oath After 
Conclusion of the Count
I,    (print name)   , deputy returning officer for polling station number 
      located at  (polling place name)  in the Electoral Division of 
             swear (or affirm) that, to the best of my knowledge and belief,
	?	the Poll Book kept for the poll under my direction has been 
kept correctly, and
	?	the Statement of Poll, List of Electors, Poll Book, envelopes 
containing ballots and other documents required to be 
returned by me to the returning officer have been placed in 
the ballot box.
Sworn (or affirmed) before me	) 
at the                 of               , in the 	) 
Province of Alberta, this         day 	) 		 
of                        , 20        .	)	(signature of deputy returning 
                                                        	) 	 officer) 
 (signature of authorized person)
Print name:                                           
Authority to administer oath: 
                                                              


Form 16 
Election Act 
(Section 116)
Special Ballot Certificate Envelope
Elector information:	 To be completed by the returning officer, election                  
                               clerk or administrative assistant
Electoral Division of                
Polling Subdivision Number          
Number from Poll Book                
          (first name)                    (middle name)               (surname)         of  
    (residential address)          (city/town/village)       (postal code, if applicable) 
Part 1
To be completed by elector

Step 1
- Required Identification
CHECK:  ?   I have enclosed a copy of my identification in this envelope.
Step 2
- Declaration
I declare that I have not previously voted at this election and that I am a 
qualified elector by virtue of being
?	a Canadian citizen,
?	18 years of age or older,
?	ordinarily resident in the Province of Alberta for at least the 
immediately preceding 6 months, and
?	ordinarily resident in the polling subdivision in which I wish to 
vote.
I declare that I am unable to vote at an advance poll or at the poll on 
polling day by reason of being
(CHECK ONE)
?	Physically incapacitated
?	Absent from the electoral division
?	An inmate 
?	An election officer
?	A candidate, official agent or scrutineer
?	A resident of a remote area
?	Other circumstance (as specified by Chief Electoral Officer) 
Specify circumstance: 	
I make the above declarations conscientiously believing them to be true 
and believing that they are of the same force and effect as if made under 
oath.
                                              	                                      
(signature of elector)	(date)              

A person who signs a false declaration under the Election Act 
commits an offence and is liable to a fine or imprisonment.
Part 2 
Special Ballot Checklist
To be completed by the returning officer, election clerk 
or administrative assistant
CHECK A or B, whichever applies
A	?	Special Ballot Certificate Envelope has been accepted in 
accordance with sections 111, 116 and 118 of the Election 
Act.
OR
B	?	Special Ballot Certificate Envelope has not been accepted 
for one or more of the following reasons (check all that 
apply):
	?	Part 1 is not properly completed,
	?	Received after the close of polls on polling day, or
	?	Proper identification has not been included.
                                                                     	                             
(signature of returning officer, election	(date)         
  clerk or administrative assistant)


Form 17 
(Section 118)
Form of Special Ballot
(Front of Ballot)


Print the name of the candidate OR the political party of 
the candidate on the line below.



I vote for:
                                                                                         


(Back of Ballot)

 
SPECIAL BALLOT 
 
 
 
Supplied by the Chief Electoral 
Officer of Alberta

Initials of returning officer, 
election clerk  
or administrative assistant 
                          
                                                       
                
Serial No.


Form 18 
(Section 123)
Mobile Poll Oath
Electoral Division of             
Polling Subdivision Number             
I,           (print name)            , swear (or affirm) that I have not 
previously voted at this election and that I am a qualified elector by 
virtue of being
	?	a Canadian citizen,
	?	18 years of age or older, and
	?	ordinarily resident in the Province of Alberta for at least the 
immediately preceding 6 months.
Complete A or B, whichever applies
A - In-patient at a Treatment Centre
      I am an in-patient at
	
(print name of treatment centre)
OR
B - Resident at a Supportive Living Facility
I am ordinarily resident at
	
(print name of supportive living facility)
Sworn (or affirmed) before me		) 
at the                 of               , in the 	) 
Province of Alberta, this         day 	)  
of                        , 20        .		)                                  
                                                        	)   (signature of elector) 
 (signature of deputy returning officer)

A person who takes a false oath under the Election Act commits an 
offence and is liable to a fine or imprisonment.


Form 19 
(Section 139)
Disclaimer
I,    (print name of candidate)    , do hereby disclaim my right to 
become a Member of the Legislative Assembly pursuant to section 
139(1) of the Election Act.
   (print name of candidate)    	                                            
   (print name of electoral division)    	(signature of candidate)      
   (print name of witness)      	                                            
   (print address of witness)    	(signature of witness)          
Filed this        day of             , 20    .
                                                                
(signature of Chief Electoral Officer) 


Form 20 
(Section 142)
Returning Officer's Affidavit
I,            (print name)             , Returning Officer for the Electoral 
Division of                              swear (or affirm) that on the _____ day 
of                      , 20      I submitted the election documents and 
materials in respect of the election held on the ____ day of            , 20     
, to the Chief Electoral Officer and that the Statement of Official 
Results and the Certificate and Return are to the best of my knowledge 
and belief correct and true.
Sworn (or affirmed) before me	) 
at the                 of               , in the 	) 
Province of Alberta, this         day 	) 		 
of                        , 20        .	)	(signature of returning officer) 
                                                        	)  
 (signature of authorized person)
Print name:                                           
Authority to administer oath: 
                                                              


Form 21 
(Section 186)
Form of Petition Controverted Election
 
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
PETITIONER               (Print name of petitioner)
RESPONDENT           (Print name of respondent)
DOCUMENT	PETITION -                           
	CONTROVERTED ELECTION
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
The petition of    (print name of petitioner)    of   (print residential 
address)     shows that
?	an election was held on the                      day of            20   , for the 
Electoral Division of                     at which the Respondent was a 
candidate and has been returned as the person elected at that 
election,
?	the petitioner was a qualified elector at that election (or the 
petitioner was a defeated candidate at that election), and
?	the petition says (state here the facts and grounds on which the 
petitioner relies).
The petitioner prays that it may be declared that the
election of the Respondent is void and that it be set aside.
Dated this               day of                   , 20       .
                                                  
     (signature of petitioner)



Alberta Regulation 142/2011
Family Law Act
FAMILY LAW ACT GENERAL AMENDMENT REGULATION
Filed: July 14, 2011
For information only:   Made by the Lieutenant Governor in Council (O.C. 321/2011) 
on July 13, 2011 pursuant to section 107 of the Family Law Act. 
1   The Family Law Act General Regulation (AR 148/2005) is 
amended by this Regulation.

2   Section 1(1) is amended by adding the following after 
clause (b):
	(c)	"surrogate" means a surrogate within the meaning of section 
5.1(1)(d) of the Act.

3   Section 2 is repealed and the following is substituted:
Consent to declaration
2(1)  In this section,
	(a)	"declaration" means a declaration by a court under section 
8.2(1) of the Act;
	(b)	"genetic donor" means a person referred to in section 
8.2(1)(b) of the Act.


(2)  The consent of a surrogate to a declaration under section 8.2(6) 
of the Act must contain the following statements:
	(a)	that the person giving the consent is the surrogate;
	(b)	that the surrogate gave birth to the child and the date on 
which the birth occurred;
	(c)	that the surrogate understands that she is the parent of the 
child;
	(d)	that the surrogate understands that an application is being 
made to the court for a declaration that the genetic donor is a 
parent of the child;
	(e)		that the surrogate understands that if the court makes a 
declaration that the genetic donor is a parent of the child, the 
surrogate will cease to be recognized as the parent of the 
child;
	(f)	that the surrogate understands that the court cannot make a 
declaration that the genetic donor is a parent of the child 
unless the surrogate consents to the application;
	(g)	that the surrogate understands that if she consents to the 
application, the genetic donor will be declared to be a parent 
of the child and will be deemed to be a parent at and from the 
time of birth of the child; 
	(h)	that the surrogate understands that if the court makes a 
declaration, the other parent of the child will be,
	(i)	if section 8.1(2) of the Act applies, the person described 
in section 8.1(2)(b)(i) and (ii) of the Act, or
	(ii)	if section 8.1(3) of the Act applies, the person described 
in section 8.1(3)(b)(i) and (ii) of the Act;
	(i)	that the surrogate freely and voluntarily consents to the 
application, and understands that by her consent she gives up 
any obligations, powers, responsibilities or entitlements with 
respect to the child.
(3)  The consent of the surrogate must be
	(a)	in writing,
	(b)	dated, and
	(c)	signed by her and witnessed by a person other than a person 
who is to become a parent of the child as a result of the 
declaration under section 8.2(6) of the Act. 

4   Section 5 is repealed and the following is substituted: 
Courses and programs
5   For the purposes of section 98 of the Act, the court may require 
the parties to attend any course or program that in the opinion of the 
court is appropriate in the circumstances, including
	(a)	any courses or programs offered through the Minister of 
Justice and Attorney General from time to time, and
	(b)	any courses or programs offered through the community or 
government agencies from time to time pertaining to 
separation or guardianship and parenting of children.

5   Section 6 is repealed.
6   The following is added before section 7:
Requirements of agreement
6.1   An agreement referred to in section 20(3)(c) of the Act must be
	(a)	in writing,
	(b)	dated, and
	(c)	signed by the parents of the child, and their signatures must 
be witnessed by a third party.

7   This Regulation comes into force on the coming into 
force of section 1(9) of the Family Law Statutes Amendment 
Act, 2010.


--------------------------------
Alberta Regulation 143/2011
Judicature Act
ALBERTA RULES OF COURT AMENDMENT REGULATION
Filed: July 14, 2011
For information only:   Made by the Lieutenant Governor in Council (O.C. 322/2011) 
on July 13, 2011 pursuant to section 28.1 of the Judicature Act. 
1   The Alberta Rules of Court (AR 124/2010) are amended 
by this Regulation.

2   Rule 2.14 is amended 
	(a)	in subrule (1)(b) by adding ", or proposes to," after "an 
interested person has";
	(b)	by repealing subrule (3)(e).

3   Rule 3.2 is amended 
	(a)	in subrule (4)
	(i)	by striking out "by notice of appeal";
	(ii)	by adding "or in Form 5" after "consistent with the 
procedure";
	(b) 	in subrule (5) by adding "in Form 5" after "by 
originating application".

4   Rule 3.32 is amended by striking out "If a defendant files a 
statement of defence, the defendant may also" and substituting "A 
defendant may".

5   Rule 3.49(4) is amended by striking out "If a third party 
defendant files a statement of defence, the third party defendant may" 
and substituting "A third party defendant may".

6   Rule 3.62(2) is repealed and the following is substituted:
(2)  An amended pleading must be 
	(a)	filed, and
	(b)	served on each of the other parties
	(i)	within 10 days after the date on which it is filed, or
	(ii)	if the pleading is a statement of claim that has not 
already been served, in accordance with Division 3, 
Subdivision 2.

7   Rule 3.63(1) is amended by striking out "but amended and 
bearing the date of the original" and substituting "as amended".

8   Rule 4.24(3) is repealed and the following is substituted:
(3)  Unless a valid formal offer to settle is withdrawn under subrule 
(4), the offer remains open for acceptance until
	(a)	the expiry of 2 months after service of the offer or any longer 
period specified in the offer, or
	(b)	the start of a hearing of an application for judgment by way 
of a summary trial, the start of a trial or the start of a hearing 
of an application, as the case may be,
whichever occurs first.

9   Rule 6.14 is repealed and the following is substituted:
Appeal from master's judgement or order
6.14(1)  If a master makes a judgment or order, the applicant or 
respondent to the application may appeal the judgment or order to a 
judge.
(2)  A notice of appeal in Form 28 must be filed and served within 
10 days after the judgment or order is entered and served and 
returnable within a reasonable time, not exceeding 2 months, after 
the date the notice of appeal is filed.
(3)  An appeal from a master's judgment or order is an appeal on the 
record of proceedings before the master and may also be based on 
additional evidence that is, in the opinion of the judge hearing the 
appeal, relevant and material.  
(4)  The record of proceedings is
	(a)	the application before the master,
	(b)	affidavits and other evidence filed by the parties 
respecting the application before the master,
	(c)	any transcript of proceedings before the master, which 
must be ordered and paid for by the appellant, unless the 
Court determines, or the parties agree, that transcripts 
are not needed, and
	(d)	the master's judgment or order and any written reasons 
given for the decision.
(5)  The appellant must file and serve on the respondent to the 
appeal, within one month after service of the notice of appeal, 
	(a)	any transcript of proceedings described in subrule 
(4)(c),
	(b)	any additional evidence referred to in subrule (3), and
	(c)	any further written argument.
(6)  The respondent to the appeal must file and serve on the 
appellant, within 20 days after service of the documents referred to 
in subrule (5), 
	(a)	any further written argument the respondent wishes to 
make, and 
	(b)	any additional evidence referred to in subrule (3).
(7)  The appellant may, within 10 days after service of the 
documents referred to in subrule (6), file a brief written argument 
responding to any unanticipated additional evidence or further 
argument raised by the respondent.  
(8)  A party may rely on its original written argument, if any, that 
was before the master or any further argument filed under subrule 
(5)(c) or (6)(a), or both the original argument and the further 
argument.

10   Rule 7.5(3)(b) is amended by striking out "Court's 
permission" and substituting "judge's permission".

11   Rule 7.7(1) is amended by striking out "Court" and 
substituting "judge".

12   Rule 7.8(3) is amended 
	(a)	by striking out "Court" and substituting "judge";
	(b)	by striking out "Court's opinion" and substituting 
"judge's opinion".

13   Rule 8.5 is amended by striking out "Court" wherever it 
occurs and substituting "judge".

14   Rule 8.6 is amended
	(a)	by striking out "Court" wherever it occurs and 
substituting "judge";
	(b)	in subrule (3) by striking out "Court's permission" and 
substituting "judge's permission".

15   Rule 8.7 is amended by striking out "Court" wherever it 
occurs and substituting "judge".

16   Rule 9.1(2)(a) is amended by adding "and the location at 
which" after "the date on which".

17   Rule 9.25(3) is amended by striking out "every person in 
possession of the land" and substituting "every person ordered to 
give up possession of the land and every occupant of the land".
18   Rule 9.26 is amended 
	(a)	in subrule (1)(b)(i) by striking out "person in 
occupation" and substituting "occupant";
	(b)	in subrule (2) by striking out "every person in 
possession of the land" and substituting "every person 
ordered to give up possession of the land and every occupant 
of the land".

19   Rule 11.22(1) is amended by striking out "in Alberta".

20   Rule 11.30(1)(a)(iii) and (2)(a)(iv) are amended by 
striking out ", time".

21   Rule 12.46(1) is amended 
	(a)	in clause (a) by striking out "rule 12.44(1)" and 
substituting "rule 12.45";
	(b)	in clause (b) by adding "or (2), as the circumstances 
require" after "rule 12.26(1)". 

22   Rule 12.59(b) is amended by striking out "one month" and 
substituting "30 days".

23   Rule 13.4(4) is repealed and the following is 
substituted:
(4)  If the count starts on February 29th and ends in a year that is not 
a leap year, the count ends on February 28th of that year.

24   Rule 13.13(1) is amended by striking out ", Division 1".

25   Rule 13.32(2) is amended by striking out "or the Court 
otherwise orders".

26   Rule 13.41(2) is amended
	(a)	in clause (a) by striking out ", or if that party or person 
is represented, by the party's or person's lawyer or the 
lawyer's representative" and substituting "or a person on 
the party's or person's behalf";
	(b)	in clause (b) by striking out "or the party's or person's 
lawyer" and substituting "or a person on the party's or 
person's behalf".

27   Rule 13.46(2)(b) is amended by striking out "where the 
transcript was transcribed" and substituting "where the proceedings 
or questioning occurred".

28   Rule 15.4(2) is repealed and the following is 
substituted:
(2)  The Court must not dismiss the action if
	(a)	the parties to the application expressly agreed to the delay,
	(b)	the action has been stayed or adjourned by order, an order 
has extended the time for doing the next thing in the action or 
the delay is provided for in the litigation plan,
	(c)	the applicant did not respond to a written proposal by the 
respondent that the next thing in the action not occur until 
more than 2 years after the last thing done that significantly 
advanced the action, or
	(d)	an application has been filed or proceedings have been taken 
since the delay and the applicant has participated in them for 
a purpose and to the extent that, in the opinion of the Court, 
warrants the action continuing.
(3)  If the Court refuses an application to dismiss an action for delay, 
the Court may still make whatever procedural order it considers 
appropriate.
(4)  Rule 13.5 does not apply to this rule.

29   Schedule A, Division 1 is amended
	(a)	in Form 5 by striking out "[Rule 3.2(2)]" and 
substituting "[Rule 3.2]";
	(b)	in Form 22 under the heading "Interest:" in clause 
(b) by striking out "from" and substituting "to";
	(c)	in Form 27 by adding "(Indicate name(s) and status of 
Respondent(s))" after "NOTICE TO RESPONDENT(S)";
	(d)	by repealing Form 28 and substituting the 
following:
Form 28  
[Rule 6.14]
	Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
PLAINTIFF(S) (Indicate if  
Appellant(s)/Respondent(s))
DEFENDANT(S) (Indicate if 
Appellant(s)/Respondent(s))
DOCUMENT	NOTICE OF APPEAL OF 
		MASTER'S JUDGMENT  
		OR ORDER                      
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
NOTICE TO RESPONDENT(S):  APPEAL HEARING
This appeal is made against a judgment or order of the master that 
was in your favour.  You are a respondent.
The appeal will be heard as shown below:
	Date	___________________
	Time	___________________
	Where	___________________
	Before Whom	__________  Judge in Motions Court
Go to the end of this document to see what else you can do and 
when you must do it.
The Appellant appeals to the Court of Queen's Bench of 
Alberta the decision of Master                                  sitting at 
                               , who on    (yyyy/mm/dd)    made the 
judgment or order in your favour.
The record of proceedings is:
1.	The application before the master.
2.	The following affidavits and other evidence filed by the 
parties respecting the application before the master:
	(a)	
	(b)	
3.	Any transcript of the proceedings before the master, unless 
the Court determines, or the parties agree, that a transcript is 
not needed.
4.	The judgment or order of the master appealed.
5.	Written reasons of the master (if any).
Additional evidence will/will not be relied on by the appellant.
Further written argument will/will not be made by the appellant.
The appellant will/will not rely on its written argument that was 
before the master (if any).
WARNING
If you do not come to Court either in person or by your lawyer, 
the Court may give the appellant(s) what they want in your 
absence.  You will be bound by any order that the Court makes.  
If you want to take part in this appeal, you or your lawyer must 
attend in Court on the date and at the time shown at the 
beginning of this form.  You may rely on your original written 
argument, if any, that was before the master.  
Within 20 days after service of any transcript, additional 
evidence, or further written argument from the appellant, you 
must file and serve on the appellant any further written 
argument you wish to make and any additional evidence you 
intend to rely on.  The appellant may, within 10 days after 
service of your further written argument or additional evidence, 
file and serve on you a brief reply to any unanticipated 
additional evidence or further argument you have raised.
	(e)	in Form 29
	(i)	by striking out "This notice requires you to attend for 
questioning. NOTICE TO PERSON REQUIRED TO 
ATTEND APPOINTMENT FOR QUESTIONING" and 
substituting "NOTICE TO: (Name of person required to 
attend for questioning) This notice requires you to attend 
for questioning.";
	(ii)	by adding "You must notify the questioning party 
prior to the date of the appointment regarding any 
arrangements that are necessary to accommodate your 
reasonable needs. The questioning party must, to the 
extent reasonably possible, make arrangements to 
accommodate those reasonable needs that you identify." 
after "PERIOD OF ATTENDANCE: ______";
	(f)	in Form 31 by adding "LOCATION OF HEARING OR 
TRIAL: ______" after "DATE ON WHICH ORDER WAS 
PRONOUNCED:________";
	(g)	in Form 36 
	(i)	by striking out "You have the right to state your side 
of this matter before the master/judge." and 
substituting "You have the right to state your side of 
this matter before the judge.";
	(ii)	by striking out the paragraph under the 
heading "WARNING", and substituting the 
following:
If you do not come to Court either in person or by your 
lawyer, the Court may give the applicant(s) what they want 
in your absence. You will be bound by any order the Court 
makes. If you want to take part in this application for 
judgment by way of summary trial, either you or your 
lawyer must
	(a)	10 days or more before the date scheduled for the 
hearing of the application, file and serve on the 
applicant(s) any affidavit or other evidence on 
which you intend to rely when the application is 
heard or considered, and
	(b)	attend in Court on the date and at the time shown 
at the beginning of this form.
If you wish to object to this application for judgment by 
way of summary trial, notice of your objection to this 
application and anything on which you intend to rely in 
relation to your objection must be filed and served on the 
applicant 5 days or more before the objection is scheduled 
to be heard. 
	(h)	in Form 37 
	(i)	by repealing item 1 and substituting the 
following:
1.	Estimated number of witnesses:  ________.
The names of the witnesses expected to be called are: 
(Provide each witness's full name and indicate whether 
the witness will be giving expert evidence.)
	(a)	for the Plaintiff(s):  ___________________
	(b)	for the Defendant(s): __________________
	(c)	others: ______________________________
	(ii)	by adding the following after item 5:
6.	The following judges have a potential conflict, 
which may disqualify them from hearing the 
trial of this matter: 
	(i)	in Form 39 by adding the following after item 2:
(Complete only if applicable)
3. Change of trial date or length of trial: 
?     Attached is a copy of the filed order of 
_______________, dated ______, changing the (trial date, 
length of trial or both) pursuant to rule 8.6(3).
	(j)	in Form 47 by adding "LOCATION OF HEARING OR 
TRIAL:" after "DATE ON WHICH ORDER WAS 
PRONOUNCED:".

30   Schedule A, Division 2 is amended
	(a)	in Forms FL-5, FL-6 and FL-7 under the heading 
"NOTICE TO PLAINTIFF"
	(i)	by striking out "must be filed with" and 
substituting "may be filed in addition to";
	(ii)	by striking out "in response to" and substituting 
"when";
	(iii)	by adding "has been served on you" after "or a 
Statement of Claim for Division of Matrimonial 
Property";
	(b)	in Form FL-17 
	(i)	under the heading "NOTICE TO PARTY SERVED 
WITH THIS DOCUMENT:" by striking out "You 
must appear at the application referenced at the end of 
this document." and substituting the following:
Unless you provide all of the financial information and 
documents requested below and receive confirmation that 
the Applicant has cancelled the hearing, you must be in 
Court when the application is heard as shown below:
	Date	___________________
	Time	___________________
	Where	___________________
	Before Whom	___________________
	(ii)	by striking out the following:

NOTICE TO THE RESPONDENT
You are to appear in Court when the application is heard, as 
shown below:
	Date   _____________________________
	Time    ____________________________
	Where  ____________________________
	Before Whom  ______________________
If you want to present any evidence to the Judge hearing this 
application, or if you object to providing the financial 
information and documents requested, you must
		swear or affirm an affidavit stating your objection to 
providing the financial information and documents 
requested and setting out the reasons for the objection,
		file the affidavit with the court clerk, and
		serve the affidavit on the Applicant or the Applicant's 
solicitor a reasonable time before the application is 
scheduled to be heard.
	(iii)	under the heading "WARNING" by adding the 
following after clause (e):
If you want to present any evidence to the Judge hearing 
this application, or if you object to providing the financial 
information and documents requested, you must
	(a)	swear or affirm an affidavit stating the evidence 
you want to present or your objection to providing 
the financial information and documents requested 
and the reasons for your objection,
	(b)	file the affidavit with the court clerk, and
	(c)	serve the affidavit on the Applicant or the 
Applicant's solicitor a reasonable period of time 
before the application is scheduled to be heard.
	(iv)	at the end of Schedule A by striking out 
"Signature of Applicant" and substituting "Signature 
of person completing document";
	(c)	in Form FL-21 in item 4 by striking out "endorsed 
below" and substituting "endorsed on the proposed 
Divorce Judgment (or Divorce Judgment and Corollary 
Relief Order)";
	(d)	in Forms FL-25 and FL-26 by adding "LOCATION OF 
HEARING OR TRIAL:" after "DATE ON WHICH 
JUDGMENT WAS GRANTED:";
	(e)	in Forms FL-27 and FL-28 by adding "LOCATION 
OF HEARING OR TRIAL:" after "DATE ON WHICH 
ORDER WAS PRONOUNCED:";
	(f)	in Form FL-29 by adding "LOCATION OF HEARING 
OR TRIAL:" after "DATE ON WHICH ORDER WAS 
MADE:";
	(g)	in Forms FL-30 and FL-31 by adding "LOCATION OF 
HEARING OR TRIAL:" after "DATE ON WHICH ORDER 
WAS PRONOUNCED:".



Alberta Regulation 144/2011
Insurance Act
CLASSES OF INSURANCE REGULATION
Filed: July 14, 2011
For information only:   Made by the Lieutenant Governor in Council (O.C. 326/2011) 
on July 13, 2011 pursuant to section 16 of the Insurance Act. 
Table of Contents
	1	Interpretation
	2	Classes of insurance
	3	Licences
	4	Consequential amendment
	5	Repeal
	6	Expiry
	7	Coming into force
Interpretation
1(1)  In this Regulation,
	(a)	"accident and sickness insurance" means insurance
	(i)	against loss resulting from bodily injury to, or the death 
of, a person caused by an accident,


	(ii)	under which an insurer undertakes to pay a certain sum 
or sums of insurance money in the event of bodily 
injury to, or the death of, a person caused by an 
accident,
	(iii)	against loss resulting from the sickness or disability of a 
person, excluding loss resulting from an accident or 
death,
	(iv)	under which an insurer undertakes to pay a certain sum 
or sums of insurance money in the event of the sickness 
or disability of a person not caused by an accident, or
	(v)	under which an insurer undertakes to pay insurance 
money in respect of the health care, including dental 
care and preventative care, of a person;
	(b)	"aircraft insurance" means insurance against
	(i)	liability arising out of bodily injury to or the death of a 
person or the loss of or damage to property, in each case 
caused by an aircraft or the use of an aircraft, or
	(ii)	the loss of, the loss of use of or damage to an aircraft;
	(c)	"automobile insurance" means insurance
	(i)	against liability arising out of bodily injury to or the 
death of a person, or the loss of or damage to property, 
in each case caused by an automobile or the use or 
operation of an automobile,
	(ii)	against the loss of, the loss of use of or damage to an 
automobile, or
	(iii)	that falls within clause (a)(i) or (ii) of the definition of 
accident and sickness insurance, if the accident is 
caused by an automobile or the use or operation of an 
automobile, whether or not liability exists in respect of 
the accident, and the policy includes insurance against 
liability arising out of bodily injury to or the death of a 
person caused by an automobile or the use or operation 
of an automobile;
	(d)	"boiler and machinery insurance" means insurance
	(i)	against liability arising out of bodily injury to or the 
death of a person, or the loss of or damage to property, 
or against the loss of or damage to property, in each 
case caused by the explosion or rupture of or accident to 
pressure vessels of any kind or pipes, engines and 
machinery connected to or operated by those pressure 
vessels, or
	(ii)	against liability arising out of bodily injury to or the 
death of a person, or the loss of or damage to property, 
or against the loss of or damage to property, in each 
case caused by a breakdown of machinery;
	(e)	"credit insurance" means insurance against loss to a person 
who has granted credit if the loss is the result of the 
insolvency or default of the person to whom the credit was 
given;
	(f)	"credit protection insurance" means insurance under which 
an insurer undertakes to pay off credit balances or debts of an 
individual, in whole or in part, in the event of an impairment 
or potential impairment in the individual's income or ability 
to earn an income;
	(g)	"equipment warranty insurance" means the subclass of boiler 
and machinery insurance that comprises insurance against 
loss of or damage to a motor vehicle or to equipment arising 
from its mechanical failure, but does not include automobile 
insurance or insurance incidental to automobile insurance;
	(h)	"fidelity insurance" means insurance
	(i)	against loss caused by the theft, the abuse of trust or the 
unfaithful performance of duties by a person in a 
position of trust, or
	(ii)	under which an insurer undertakes to guarantee the 
proper fulfilment of the duties of an office;
	(i)	"hail insurance" means insurance against the loss of or 
damage to crops in the field caused by hail;
	(j)	"legal expenses insurance" means insurance against the costs 
incurred by a person or persons for legal services specified in 
the policy, including any retainer and fees incurred for the 
services, and other costs incurred in respect of the provision 
of the services;
	(k)	"liability insurance" means insurance, other than insurance 
that falls within another class of insurance,
	(i)	against liability arising out of bodily injury to or the 
disability or death of a person, including an employee,
	(ii)	against liability arising out of the loss of or damage to 
property, or
	(iii)	if the policy includes the insurance described in 
subclause (i), against expenses arising out of bodily 
injury to a person other than the insured or a member of 
the insured's family, whether or not liability exists;
	(l)	"life insurance" 
	(i)	means any insurance that is payable
	(A)	on death,
	(B)	on the happening of an event or contingency 
dependent on human life,
	(C)	at a fixed or determinable future time, or
	(D)	for a term dependent on human life, 
			and
	(ii)	without restricting the generality of subclause (i), 
includes
	(A)	insurance under which an insurer, as part of a 
contract of life insurance, undertakes to pay an 
additional sum of insurance money in the event of 
the death by accident of the person whose life is 
insured,
	(B)	insurance under which an insurer, as part of a 
contract of life insurance, undertakes to pay 
insurance money or to provide other benefits in the 
event that the person whose life is insured becomes 
disabled as a result of bodily injury or disease, and
	(C)	an undertaking to provide an annuity, or what 
would be an annuity except that the periodic 
payments may be unequal in amount, for a term 
dependent solely or partly on the life of a person;
	(m)	"marine insurance" means insurance against
	(i)	liability arising out of
	(A)	bodily injury to or the death of a person, or
	(B)	the loss of or damage to property, 
			or
	(ii)	the loss of or damage to property,
		occurring during a voyage or marine adventure at sea or on 
an inland waterway, or during a delay or a transit other than 
by water that is incidental to a voyage or marine adventure at 
sea or on an inland waterway;
	(n)	"mortgage insurance" means insurance against loss caused 
by default on the part of a borrower under a loan secured by a 
mortgage or charge on or other security interest in real 
property;
	(o)	"other approved products insurance" means insurance against 
risks that do not fall within another class of insurance;
	(p)	"product warranty insurance" means insurance not incidental 
to any other class of insurance against loss of or damage to 
personal property other than a motor vehicle under which an 
insurer undertakes to pay the costs of repairing or replacing 
the personal property;
	(q)	"property insurance" means insurance against the loss of or 
damage to property and includes insurance against loss 
caused by forgery;
	(r)	"surety insurance" means insurance under which an insurer 
undertakes to guarantee the due performance of a contract or 
undertaking or the payment of a penalty or indemnity for any 
default;
	(s)	"title insurance" means insurance against loss or damage 
caused by
	(i)	the existence of a mortgage, charge, lien, encumbrance, 
servitude or any other restriction on real property,
	(ii)	the existence of a mortgage, charge, lien, pledge, 
encumbrance or any other restriction on personal 
property,
	(iii)	a defect in any document that evidences the creation of 
any restriction referred to in subclause (i) or (ii),
	(iv)	a defect in the title to property, or
	(v)	any other matter affecting the title to property or 
affecting the right to the use and enjoyment of property;
	(t)	"travel insurance" means, subject to subsection (3), insurance 
provided to an individual
	(i)	in respect of a trip by the individual away from the 
place where the individual ordinarily resides, without 
any individual assessment of risk, against
	(A)	loss that results from the cancellation or 
interruption of the trip,
	(B)	loss of or damage to personal property that occurs 
while on the trip, or
	(C)	loss that is caused by the delayed arrival of 
personal baggage while on the trip,
			or
	(ii)	in respect of a trip by the individual away from the 
province in which the individual ordinarily resides,
	(A)	against expenses incurred while on the trip that 
result from an illness or the disability of the 
individual that occurs on the trip,
	(B)	against expenses incurred while on the trip that 
result from bodily injury to, or the death of, the 
individual caused by an accident while on the trip,
	(C)	whereby the insurer undertakes to pay one or more 
sums of money in the event of an illness or the 
disability of the individual that occurs on the trip, 
or of bodily injury to or the death of the individual 
that is caused by an accident while on the trip,
	(D)	against expenses incurred by the individual for 
dental care necessitated by an accident while on 
the trip, or
	(E)	in the event that the individual dies while on the 
trip, against expenses incurred for the return of that 
individual's remains to the place where the 
individual was ordinarily resident before death, or 
for travel expenses incurred by a relative of that 
individual who must travel to identify that 
individual's remains.
(2)  An undertaking referred to in subsection (1)(l)(ii)(C) is deemed 
always to have been life insurance.
(3)  The definition of travel insurance applies only in respect of 
insurance agents and adjuster licensing.
Classes of insurance
2   The following are the classes of insurance for the purposes of the 
Act and the regulations:
	(a)	accident and sickness insurance;
	(b)	aircraft insurance;
	(c)	automobile insurance;
	(d)	boiler and machinery insurance;
	(e)	credit insurance;
	(f)	credit protection insurance;
	(g)	equipment warranty insurance;
	(h)	fidelity insurance;
	(i)	hail insurance;
	(j)	legal expenses insurance;
	(k)	liability insurance;
	(l)	life insurance;
	(m)	marine insurance;
	(n)	mortgage insurance;
	(o)	other approved products insurance;
	(p)	product warranty insurance;
	(q)	property insurance;
	(r)	surety insurance;
	(s)	title insurance;
	(t)	travel insurance.
Licences
3   A licence may be granted to an insurer to carry on any of the 
classes of insurance referred to in section 2.
Consequential amendment
4   The Insurance Agents and Adjusters Regulation 
(AR 122/2001) is amended
	(a)	by repealing section 1(1)(p);
	(b)	in sections 9(8)(c) and 30(2) by striking out "livestock 
insurance" and substituting "contracts covering livestock 
only".
Repeal
5   The Classes of Insurance Regulation (AR 121/2001) is repealed.
Expiry
6   For the purpose of ensuring that this Regulation is reviewed for 
ongoing relevancy and necessity, with the option that it may be 
repassed in its present or an amended form following a review, this 
Regulation expires on April 30, 2020.
Coming into force
7   This Regulation comes into force on the coming into force of 
section 29 of the Insurance Amendment Act, 2008.


--------------------------------
Alberta Regulation 145/2011
Insurance Act
FAIR PRACTICES AMENDMENT REGULATION
Filed: July 14, 2011
For information only:   Made by the Lieutenant Governor in Council (O.C. 327/2011) 
on July 13, 2011 pursuant to section 511 of the Insurance Act. 
1   The Fair Practices Regulation (AR 128/2001) is amended 
by this Regulation.

2   Section 2 is amended
	(a)	in clause (a) by adding "and" after "liable,";
	(b)	by repealing clause (a.1).

3   Section 5 is amended
	(a)	in subsection (1) by adding ", accident and sickness 
insurance or, subject to subsection (2)(b), travel insurance" 
before "underwritten";
	(b)	by repealing subsection (2) and substituting the 
following:
(2)  Subsection (1) does not apply
	(a)	to a segregated fund or an annuity offered by the 
insurer, or
	(b)	to travel insurance where the policy term is less 
than 190 days.

4   The following is added after section 5:
Notice of retained lawyer and disclosure 
of policy limits
5.1(1)  When a lawyer has been retained by a plaintiff in an action 
arising out of an automobile accident, the lawyer must, within 30 
days following the date the action is filed with the Court, give notice 
to the defendant's insurer that the lawyer has been retained.
(2)  Within 30 days following receipt of the notice under subsection 
(1), the defendant's insurer must inform the lawyer whether there is 
a motor vehicle liability policy issued by the insurer to the defendant 
in respect of the automobile and, if so, the liability limits under that 
policy.
(3)  The disclosure of the liability limits under the policy does not 
preclude the defendant's insurer from disputing the extent of its 
liability in accordance with the rights of an insurer under Subpart 2 
of Part 5 of the Act.
(4)  Where the existence of the motor vehicle liability policy and the 
liability limits under the policy are disclosed pursuant to subsection 
(2), that information must not be disclosed to the judge or jury until 
after judgment is given in the action.
(5)  This section applies in respect of automobile accidents occurring 
on and after the date of the coming into force of this section.
Notice of dispute resolution process
5.2(1)  In this section, "dispute resolution process" means the 
dispute resolution process described in section 519 of the Act.
(2)  An insurer must give written notice to the insured of the dispute 
resolution process
	(a)	within 10 days after the insurer determines that a dispute has 
aisen between the insurer and the insured about a matter 
under Statutory Condition 11 set out in section 540, or 
Statutory Condition 4(9) set out in section 556, of the Act, or
	(b)	within 70 days after the insured has submitted a proof of loss, 
if the insurer has not yet made a decision as to the validity or 
the amount payable in respect of the claim.
(3)  A written notice referred to in subsection (2) must include a 
copy of section 519 of the Act.
Notice of limitation period
5.3(1)  In this section,
	(a)	"claimant" means
	(i)	a beneficiary,
	(ii)	an insured, a group life insured or a debtor insured,
	(iii)	a person who has a claim against an insured who has 
initiated a claim for indemnity under a contract of 
insurance, or
	(iv)	a person referred to in section 579 of the Act;
	(b)	"insured" means a person insured by a contract of insurance, 
whether named in the contract or not.
(2)  An insurer must give written notice to a claimant of the 
applicable limitation period
	(a)	if the claim has not been satisfactorily settled, within 60 days 
from the date the claimant notifies the insurer of the claim, in 
the case of a claimant referred to in subsection (1)(a)(i) or 
(ii),
	(b)	within 60 days of the insurer's first becoming aware that an 
insured is claiming indemnity for a claim lodged by a third 
party against the insured, in the case of a claimant referred to 
in subsection (1)(a)(iii),
	(c)	within 60 days of the insurer's first becoming aware that a 
claimant referred to in subsection (1)(a)(iv) has initiated an 
action pursuant to section 579 of the Act, or
	(d)	within 5 business days from the date the claimant's claim is 
denied.
(3)  The written notice referred to in subsection (2) must indicate the 
name of the Act or regulation that refers to the applicable limitation 
period.
(4)  An insurer is not required to give notice under subsection (2) if 
at the time the notice is required to be given the insurer is aware that 
the claimant is represented by legal counsel.
(5)  Despite subsection (2), with respect to a claim by a person 
insured under Section B of a standard automobile insurance policy, 
notification of the fact of an applicable limitation period is required 
only in respect of a denial of a claim under one or more of those 
coverages under Section B.
(6)  Despite subsection (2), with respect to a claim by a group person 
insured under a group accident and sickness policy, no notice under 
subsection (2) is required to be given if the claim is with respect to a 
coverage other than disability coverage.
(7)  If an insurer fails to give notice under subsection (2) when 
required to do so, the Court may, on application by the claimant,
	(a)	order that the applicable limitation period be extended, and
	(b)	grant any other remedy that the Court considers appropriate.
Electronic communications
5.4   Section 547(2) of the Act and the Electronic Transactions Act 
do not apply to the following records:
	(a)	a registered notice of cancellation of a contract of insurance;
	(b)	a declaration designating, altering or revoking the 
designation of an insured, personal representative or 
beneficiary under a contract of life insurance or accident and 
sickness insurance, unless the declaration is made
	(i)	directly between the insured and the insurer, and
	(ii)	in accordance with procedures approved by the 
Superintendent;
	(c)	a declaration referred to in section 663 or 727 of the Act or a 
nomination referred to in section 669 or 734 of the Act, 
unless the declaration or nomination is made
	(i)	directly between the insured and the insurer, and
	(ii)	in accordance with procedures approved by the 
Superintendent. 
Membership requirement
5.5(1)  Subject to subsection (2), an insurer that is licensed to 
undertake life insurance, accident and sickness insurance or creditor 
protection insurance must be a member of the OmbudService for 
Life & Health Insurance or a complaint body approved by the 
Superintendent.  
(2)  A property and casualty company that undertakes accident and 
sickness insurance or creditor protection insurance must be a 
member of the General Insurance OmbudService or the 
OmbudService for Life & Health Insurance or a complaint body 
approved by the Superintendent.
Court order requiring advance payment
5.6(1)  In this section, "claimant" means a plaintiff who is or alleges 
to be entitled to recover losses or damages from an insured who is 
covered by a motor vehicle liability policy.
(2)  A claimant may apply to the Court for a payment from the 
insured's insurer under section 581(1) of the Act.
(3)  The Court may make an order under section 581 of the Act, on 
any conditions it considers appropriate, requiring the insurer to make 
a payment to a claimant who applies to the Court under subsection 
(2) of this section where the Court is satisfied that
	(a)	as a result of the injuries of the claimant, the claimant is 
unable to pay for the necessities of life, or
	(b)	the payment is otherwise appropriate.
(4)  The Court may make the order in advance of giving judgment in 
an action involving the claimant and the insured.
(5)  Section 581(3) and (4) of the Act apply in respect of any 
payment made pursuant to an order referred to in this section.
Prescribed exclusions for fire and other perils
5.7(1)  In this section, 
	(a)	"biological hazard" means any process or phenomenon of 
organic origin or conveyed by biological vectors, including 
exposure to pathogenic micro-organisms, toxins and 
bioactive substances that may cause loss of life, injury, 
illness or other health impacts, property damage, social and 
economic disruption or environmental damage in the absence 
of its control; 
	(b)	"chemical hazard" means any physical agent that may cause 
loss of life, injury, illness or other health impacts, property 
damage, social and economic disruption or environmental 
damage in the absence of its control;
	(c)	"commercial property" means all property other than 
residential property;
	(d)	"nuclear energy hazard" means the radioactive, toxic, 
explosive or other hazardous properties of nuclear substances 
as defined in the Nuclear Safety and Control Act (Canada); 
	(e)	"radioactive material" includes
	(i)	spent nuclear fuel rods that have been exposed to 
radiation in a nuclear reactor,
	(ii)	radioactive waste material, and
	(iii)	unused enriched nuclear fuel rods;
	(f)	"residential property" means property used primarily for 
residential purposes, including, without limitation, the units 
and common property of a residential condominium building;
	(g)	"terrorism" means any unlawful act, including, without 
limitation, the use of violence or force or threat of violence or 
force committed by one or more persons acting on behalf of 
any group, organization or government for the purposes of 
influencing any government or instilling fear in the public, 
but does not include vandalism;
	(h)	"vandalism" means the wilful or malicious destruction or 
defacement of public or private property, including, without 
limitation, religious and cultural property, but does not 
include the wilful or malicious destruction or defacement of 
public or private property intended to cause
	(i)	a risk to the health or safety of the public or any 
segment of the public,
	(ii)	endangerment to a person's life, or
	(iii)	death or bodily harm to a person.
(2)  For the purposes of section 545(3) of the Act, the prescribed 
perils are lightning and explosion.
(3)  For the purposes of section 545(3)(a) of the Act, the following 
are prescribed exclusions under a contract of insurance:
	(a)	in respect of residential property,
	(i)	fire occasioned by or happening through
	(A)	in the case of goods, their undergoing any process 
involving the application of heat, or
	(B)	riot, civil commotion, war, invasion, an act of a 
foreign enemy, hostilities, whether war is declared 
or not, civil war, rebellion, revolution, insurrection 
or military power;
	(ii)	lightning causing destruction or loss to electric devices 
or appliances;
	(iii)	an explosion of natural, coal or manufactured gas in a 
building not forming part of a gas works occasioned by 
or happening through one or more perils specified in 
subclause (i)(B);
	(iv)	loss or damage to property caused by contamination by 
radioactive material directly or indirectly resulting from 
fire, lightning or explosion; 
	(v)	subject to section 541 of the Act, loss or damage to 
property directly or indirectly resulting from fire or 
explosion caused by a criminal or intentional act or 
omission of an insured;
	(vi)	biological hazard, chemical hazard or nuclear energy 
hazard, including contamination by radioactive material 
directly or indirectly resulting from fire or explosion 
caused by terrorism;
	(b)	in respect of commercial property,
	(i)	an exclusion described in clause (a), or
	(ii)	fire or explosion caused by terrorism.
(4)  For the purposes of section 545(3)(b) of the Act, the prescribed 
circumstances of the fire relating to which an insurer may not 
provide an exclusion in a contract are as follows: 
	(a)	occurrence of fire within 30 days of the insured property 
being vacant;
	(b)	occurrence of fire after the insurer has issued a vacancy 
permit in respect of the insured property.
Exclusion of statutory conditions
5.8   For the purposes of section 540(2) of the Act, the prescribed 
classes of insurance to which the statutory conditions are not 
applicable are mortgage insurance, title insurance, credit insurance, 
credit protection insurance and travel insurance.
Innocent co-insured
5.9(1)  For the purposes of section 541(1)(d) of the Act, a class of 
persons prescribed by regulation is any class of persons other than 
individuals.
(2)  For the purposes of section 541(3) of the Act, a person described 
in that provision must
	(a)	co-operate with the insurer in respect of the investigation of 
the loss, including, without limitation, by submitting to an 
examination under oath, if requested by the insurer, and
	(b)	produce for examination, at such reasonable place and time 
as is designated by the insurer, all documents that relate to 
the loss in addition to those required by the contract.
5   The Insurance Agents and Adjusters Regulation 
(AR 122/2001) is amended in section 18(1) by adding "or 
accident and sickness insurance" after "life insurance".

6   This Regulation comes into force on the coming into 
force of sections 27 and 29 of the Insurance Amendment 
Act, 2008.


--------------------------------
Alberta Regulation 146/2011
Insurance Act
MISCELLANEOUS PROVISIONS AMENDMENT REGULATION
Filed: July 14, 2011
For information only:   Made by the Lieutenant Governor in Council (O.C. 328/2011) 
on July 13, 2011 pursuant to sections 694 and 749 of the Insurance Act. 
1   The Miscellaneous Provisions Regulation (AR 120/2001) 
is amended by this Regulation.

2   The following is added after section 3.1:
Prescribed classes of insurance
3.2   For the purposes of section 819.1(1) of the Act, legal expense 
insurance, property insurance and liability insurance are prescribed 
classes of insurance.
Prescribed information re group and creditor 
group insurance
3.3   The prescribed information for the purposes of sections 
642(8)(b) and 699(8)(b) of the Act is information in a policy of 
group insurance or creditor group insurance that, if disclosed, would 
reveal 
	(a)	confidential commercial information that a reasonable person 
would think could harm the competitive position of the 
insurer or insured, or
	(b)	plan design and benefits information relating to different 
classes of debtor insured, group life insured or group persons 
insured covered in the same policy.

3   This Regulation comes into force on the coming into 
force of section 27 of the Insurance Amendment Act, 2008.


Alberta Regulation 147/2011
Insurance Act
ENFORCEMENT AND ADMINISTRATION AMENDMENT REGULATION
Filed: July 14, 2011
For information only:   Made by the Lieutenant Governor in Council (O.C. 329/2011) 
on July 13, 2011 pursuant to sections 790 and 818 of the Insurance Act. 
1   The Enforcement and Administration Regulation 
(AR 129/2001) is amended by this Regulation.

2   Section 5(1) is repealed and the following is substituted:
Designation of compensation association
5(1)  The Property and Casualty Insurance Compensation 
Corporation is designated as a compensation association for the 
following classes of insurance:
	(a)	accident and sickness insurance in respect of policies issued 
by a property and casualty company that is also licensed to 
offer other classes of insurance;
	(b)	automobile insurance;


	(c)	boiler and machinery insurance;
	(d)	credit protection insurance in respect of policies issued by a 
property and casualty company;
	(e)	legal expense insurance;
	(f)	liability insurance;
	(g)	other approved products insurance;
	(h)	product warranty insurance;
	(i)	property insurance,
but those classes do not include crop insurance, directors' and officers' 
insurance or errors and omissions insurance.

3   Section 6(c) is amended by striking out "loss of 
employment" and substituting "credit protection".

4   This Regulation comes into force on the coming into 
force of section 29 of the Insurance Amendment Act, 2008.


Alberta Regulation 148/2011
Insurance Act
INSURANCE COUNCILS AMENDMENT REGULATION
Filed: July 14, 2011
For information only:   Made by the Lieutenant Governor in Council (O.C. 330/2011) 
on July 13, 2011 pursuant to section 498 of the Insurance Act. 
1   The Insurance Councils Regulation (AR 126/2001) is 
amended by this Regulation.

2   Section 10(1) is amended by adding "and" to the end of 
clause (h) and repealing clause (i).

3   Section 13 is amended by adding the following after 
subsection (2):
(2.1)  Notwithstanding subsection (2), if all 3 individuals appointed 
by the Minister under subsection (2)(a) are not able for any reason to 
participate in a panel being selected to decide an appeal, the Minister 
may appoint an individual with the qualifications specified in 
subsection (2)(a) as a temporary member for a term coinciding with 
the duration of the appeal.



4   Section 23 is repealed and the following is substituted:
Panel orders
23(1)  A panel may by order confirm, reverse or vary the decision of 
the council being appealed or make any decision that the council had 
the authority to make in the first instance.
(2)  If the panel makes an order under subsection (1) varying the levy 
of a penalty or levying a penalty, the amount of the penalty must be 
within the range of penalties specified in section 13 of the Certificate 
Expiry, Penalties and Fees Regulation (AR 125/2001).

5   Section 29(d) is repealed and the following is 
substituted:
	(d)	the individual is a represented adult as defined in the Adult 
Guardianship and Trusteeship Act or is the subject of a 
certificate of incapacity under that Act,

6   Sections 31(1), (2) and (3) and 32(1) are amended by 
striking out "mailed" and substituting "sent by mail or electronic 
means".

7   Section 33 is amended
	(a)	by adding the following after subsection (3):
(3.1)  An advertisement includes an advertisement on the 
Council's website.
	(b)	in subsection (4) by striking out "mail vote" and 
substituting "vote sent by mail or electronic means".


--------------------------------
Alberta Regulation 149/2011
Insurance Act
AUTOMOBILE ACCIDENT INSURANCE BENEFITS 
AMENDMENT REGULATION
Filed: July 14, 2011
For information only:   Made by the Lieutenant Governor in Council (O.C. 331/2011) 
on July 13, 2011 pursuant to section 629 of the Insurance Act. 
1   The Automobile Accident Insurance Benefits 
Regulations (AR 352/72) are amended by this Regulation.

2   Section 5 is amended by striking out "September 30, 2011" 
and substituting "September 30, 2016".


--------------------------------
Alberta Regulation 150/2011
Public Sector Pension Plans Act
PUBLIC SECTOR PENSION PLANS (RECIPROCAL BULK  
TRANSFERS, 2011) AMENDMENT REGULATION
Filed: July 14, 2011
For information only:   Made by the Lieutenant Governor in Council (O.C. 333/2011) 
on July 13, 2011 pursuant to Schedules 1 and 2, sections 4 and 12; Schedule 5, section 
4 of the Public Sector Pension Plans Act. 
Part 1 
Public Sector Pension Plans (Legislative  
Provisions) Regulation
1   The Public Sector Pension Plans (Legislative Provisions) 
Regulation (AR 365/93) is amended by this Part.

2   Section 19.12 is amended
	(a)	in subsection (3) by striking out all the words after 
the end of clause (e) and substituting the following:
but excluding any such individuals who fall within subsection 
(3.1).
	(b)	by adding the following after subsection (3):
(3.1)  The excluded individuals referred to in subsection (3) are 
individuals
	(a)	who were in receipt of pensions in respect of their own 
pensionable service from the Local Authorities Pension 
Plan immediately before the time of transfer,
	(b)	where potentially applicable with respect to the 
respective employer within the meaning of the Public 
Service Pension Plan (AR 368/93), who, as at the time 
of transfer, have combined pensionable service in a 
related plan, and
	(c)	who, as at the time of transfer, 
	(i)	are ineligible to be participants of the Local 
Authorities Pension Plan,
	(ii)	are also participants by virtue of employment with 
other employers within the meaning of the Public 
Service Pension Plan (AR 368/93) whose 
employees are not the subject of a transfer under 
subsection (2), or
	(iii)	fall within section 32.1(2) of the Public Service 
Pension Plan (AR 368/93).

3   Section 19.13 is amended
	(a)	in subsection (3)
	(i)	in clause (a) by adding "and is to be treated in the 
same manner" after "length";
	(ii)	by striking out "and" at the end of clause (d) 
and by adding the following after clause (d):
	(d.1)	where a transferring participant commenced a 
period of qualifying leave without salary under and 
within the meaning of section 14(8) of the Public 
Service Pension Plan (AR 368/93) in 
circumstances where section 14(3) or (4), as the 
case may be, of that Regulation potentially applies 
and clause (d) does not apply, then section 14 of 
the Local Authorities Pension Plan (AR 366/93) is 
to be treated as applying with respect to the whole 
of that period of qualifying leave, with the 
employer under the Local Authorities Pension Plan 
being liable for any contributions payable under 
section 15 of that last-mentioned Regulation and 
with the Local Authorities Pension Plan rates 
applying, and
	(b)	in subsection (4) by adding "as if there had been a 
termination" after "under the Public Service Pension Plan";
	(c)	by adding the following after subsection (4):
(5)  To the extent that any service in the Public Service Pension 
Plan, other than service covered by subsection (4), could not be 
lawfully recognized as pensionable service under the Local 
Authorities Pension Plan if transferred there, that service is not 
to be transferred and the entitlements related to the pensionable 
service not transferred are to be determined under the plan 
rules of the Public Service Pension Plan as if there had been a 
termination.

4   Section 19.16(2) is amended by striking out "19.15" and 
substituting "19.12(3)(e)(ii)".

5   Sections 19.1 to 19.17 are repealed.

6   The following is added immediately before Part 3:
Interpretation of sections 19.21 to 19.28
19.2   In sections 19.21 to 19.28, 
	(a)	"exporting Plan" means the Plan referred to in section 
19.22(2) or (5) from which persons so referred to are 
transferring;
	(b)	"importing Plan" means the Plan referred to in section 
19.22(2) or (5) to which persons so referred to are 
transferring;
	(c)	"time of transfer" means, with reference to arrangements that 
are ending, the end of the day, being no later than December 
31, 2011, that is specified in relation to the employer in 
question in the relevant order referred to in section 
19.22(3)(b) or (6)(b), as the case may be, and with reference 
to arrangements that are beginning, the beginning of the next 
day.
Bulk transfer arrangements in general
19.21   Pursuant to sections 12(g.1) of Schedules 1 and 2 to the Act, 
the transfers provided for in sections 19.22 to 19.28 are made as at 
the time of transfer, except to the extent that another time is provided 
for in relation to a transfer of assets in an order made under section 
19.25.
Transfers of exporting Plan participants
19.22(1)  In
	(a)	subsections (2) to (4), "employee" and "participant" mean an 
employee and a participant, respectively, within the meaning 
of the Public Service Pension Plan (AR 368/93), and
	(b)	subsections (5), (6) and (except where the context otherwise 
requires) (7), "employee" and "participant" mean an 
employee and a participant, respectively, within the meaning 
of the Local Authorities Pension Plan (AR 366/93),
and in subsections (8) and (9), each such word has whichever of 
those meanings is appropriate to the context.
(2)  The individuals identified in subsection (3) are transferred from 
the Public Service Pension Plan to the Local Authorities Pension 
Plan, provided that they were participants at the time of transfer and 
did not terminate or die at or as at the time of transfer.
(3)  The individuals referred to in subsection (2), taking into account 
the effect of subsection (8), are employees employed by an employer 
within the meaning of the Public Service Pension Plan (AR 368/93) 
if they became employed at the time of transfer by an employer that
	(a)	is participating as such in the Local Authorities Pension Plan, 
and
	(b)	is specified (and with effect from immediately following the 
end of the day specified) in an order made by the Minister 
after consulting with the Boards of the Local Authorities and 
Public Service Pension Plans,
but excluding any such individuals who fall within subsection (4).
(4)  The excluded individuals referred to in subsection (3) are 
individuals
	(a)	who were in receipt of pensions in respect of their own 
pensionable service from the Local Authorities Pension Plan 
immediately before the time of transfer,
	(b)	where potentially applicable with respect to the respective 
employer within the meaning of the Public Service Pension 
Plan, who, as at the time of transfer, have combined 
pensionable service in a related plan,
	(c)	who fall within section 32.1(2) of the Public Service Pension 
Plan (AR 368/93),
	(d)	who, as at the time of transfer,
	(i)	were ineligible to be participants of the Local 
Authorities Pension Plan, or
	(ii)	were also participants by virtue of employment with 
other employers within the meaning of the Public 
Service Pension Plan (AR 368/93) whose employees 
are not the subject of a transfer under subsection (2).
(5)  The individuals identified in subsection (6) are transferred from 
the Local Authorities Pension Plan to the Public Service Pension 
Plan, provided that they were participants at the time of transfer and 
did not terminate or die at or as at the time of transfer.
(6)  The individuals referred to in subsection (5), taking into account 
the effect of subsection (8), are employees employed by an employer 
within the meaning the Local Authorities Pension Plan (AR 366/93) 
if they became employed at the time of transfer by an employer that
	(a)	is participating as such in the Public Service Pension Plan, 
and
	(b)	is specified (and with effect from immediately following the 
end of the day specified) in an order made by the Minister 
after consulting with the Boards of the Public Service and 
Local Authorities Pension Plans,
but excluding any such individuals who fall within subsection (7).
(7)  The excluded individuals referred to in subsection (6) are 
individuals who, as at the time of transfer,
	(a)	were ineligible to be participants of the Public Service 
Pension Plan, or
	(b)	were also participants by virtue of employment with other 
employers within the meaning of the Local Authorities 
Pension Plan (AR 366/93) whose employees are not the 
subject of a transfer under subsection (5).
(8)  If applicable, the Minister's order referred to in subsection (3) or 
(6) may also specify only a group of the employer's employees that 
is to be transferred.
(9)  The current employer of a group of employees referred to in 
subsection (3) or (6) shall provide to the Minister a written list of 
those employees as soon as possible following the time of transfer.
Persons and entitlements affected
19.23(1)  A transfer under section 19.22 affects benefits, 
entitlements and obligations in relation to
	(a)	persons transferred under that section,
	(b)	pension partners or former pension partners of persons 
referred to in clause (a) who, at the time of transfer, had 
entitlements to benefits arising under matrimonial property 
orders filed with the Minister with respect to those persons, 
and
	(c)	persons prospectively or potentially entitled to benefits under 
the Plan accrued to the time of transfer through persons 
referred to in clause (a) or (b).
(2)  As at the time of transfer, with respect to persons referred to in 
subsection (1),
	(a)	they cease participation or prospective or potential coverage 
under the exporting Plan and commence participation or 
prospective or potential coverage, as the case may be, under 
the importing Plan,
	(b)	subject to this section, all benefits and entitlements, and 
liabilities arising from them, are transferred from the 
exporting Plan to the importing Plan, and
	(c)	designations of beneficiaries made in relation to the 
exporting Plan have the same effect, if any, in relation to the 
importing Plan as they would have had in relation to the 
exporting Plan.
(3)  On the transfer, the importing Plan shall treat each participant of 
the exporting Plan transferring as if all the transferred exporting Plan 
pensionable service had been accumulated under the importing Plan, 
and 
	(a)	transferred pensionable service credited to the time of 
transfer under the exporting Plan counts as pensionable 
service of equal length and is to be treated in the same 
manner under the importing Plan,
	(b)	pensionable salaries treated as earned to the time of transfer 
under the exporting Plan count as pensionable salaries for the 
purposes of determining benefits under the importing Plan, 
	(c)	employee contributions credited under the exporting Plan are 
to be credited in the same amount and in the same manner 
under the importing Plan,
	(d)	where a transferring participant of the exporting Plan has 
made arrangements, or has formally applied to make 
arrangements, to acquire service as pensionable service 
pursuant to the exporting Plan but has not fully paid for the 
service being acquired or so applied for as at the time of 
transfer, the same terms and conditions for acquiring that 
service, to the extent that it is transferred, continue under the 
importing Plan as were in effect under the exporting Plan,
	(e)	where a transferring participant commenced a period of 
qualifying leave without salary under and within the meaning 
(section 14(8)) of the exporting Plan in circumstances where 
section 14(3) or (4), as the case may be, of the plan rules of 
the exporting Plan potentially applies and clause (d) does not 
apply, then section 14 of the importing Plan's plan rules is to 
be treated as applying with respect to the whole of that period 
of qualifying leave, with the employer under the importing 
Plan being liable for any contributions payable under section 
15 of those plan rules and with the importing Plan rates 
applying,
	(f)	section 67 of the importing Plan's plan rules is to apply with 
respect to employee contributions referred to in section 67(1) 
of the exporting Plan's plan rules, and all pensionable service 
transferred, other than the prior service underlying those 
contributions, is to be treated as current service for which 
current service contributions have been paid under the 
importing Plan, and
	(g)	if the Local Authorities Pension Plan is the exporting Plan, a 
transferring participant who was vested under and within the 
meaning of the exporting Plan's plan rules is to be treated as 
vested under and within the meaning of the importing Plan's 
plan rules, regardless of whether that would otherwise be so 
or not.
(4)  If the Local Authorities Pension Plan is the exporting Plan and 
the transferring participant had a period of probationary service 
within the meaning of that Plan's plan rules with respect to which 
subsection (3)(d) does not apply and, as at the time of transfer, a 
period of 5 years has not yet elapsed since the end of that 
probationary service, then, before the earlier of 5 years after the end 
of the probationary service and 180 days after the later of the 
enactment of this subsection and the time of transfer, the transferring 
participant may invoke section 14.1 of the exporting Plan's plan 
rules as if that section, and any supporting provisions, were in the 
importing Plan's plan rules and regardless of the change of 
employer.
(5)  If the aggregate of a person's pensionable service in the 
exporting Plan and the importing Plan in any calendar year would, if 
all the first-mentioned service were transferred, exceed one year, the 
pensionable service that is transferable is limited to the amount by 
which the aggregate service in the 2 Plans in that calendar year 
would equal one year, taking into account all the importing Plan 
pensionable service, with the entitlements related to the excess 
pensionable service not transferred being determined under the plan 
rules of the exporting Plan as if there had been a termination.
(6)  To the extent that any service in the exporting Plan, other than 
service covered by subsection (4) or (5), could not be lawfully 
recognized as pensionable service under the importing Plan if 
transferred there, that service is not to be transferred and the 
entitlements related to the pensionable service not transferred are to 
be determined under the plan rules of the exporting Plan as if there 
had been a termination.
Transfer of records and documents
19.24   As soon as practicable following the time of transfer, the 
Minister, as administrator of the exporting Plan, shall transfer to the 
Minister, as administrator of the importing Plan, those records and 
documents, including full contribution, pensionable service and 
pensionable salary histories and designations of beneficiaries, that 
the Minister holds and that pertain to the transferring persons.
Transfers of assets
19.25(1)  The Minister of Finance and Enterprise shall transfer from 
the exporting Plan to the importing Plan, in accordance with an order 
made under subsection (2), assets in respect of all the employees 
contemplated by section 19.22(3) or (6), as the case may be, who 
were transferred as at a specific time of transfer.
(2)  After consulting with the Boards of the importing and exporting 
Plans, the Minister shall make orders respecting the transfers 
referred to in subsection (1), including any provisions considered to 
be necessary or expedient to effectuate each such transfer.
(3)  An order under subsection (2) may specify the terms and 
conditions for payment of any shortfall amount to the importing 
Plan.
Orders under this Part
19.26(1)  An order made under this Part is to be treated as 
incorporated by reference into this Part.
(2)  The Minister shall, as soon as is reasonably practicable, have 
any order made under section 19.22(3)(b) or (6)(b) published in Part 
I of The Alberta Gazette.
References in matrimonial property orders
19.27   Where there is a reference to the exporting Plan in a 
matrimonial property order in respect of a transferring person, that 
reference is to be treated, with effect from the time of transfer, as a 
reference to the importing Plan.
Transitional
19.28   Without limiting the effect of section 35(1) of the 
Interpretation Act, a transaction that was initiated under any of 
sections 19.1 to 19.17 (repealed) but that had not been completed 
before the commencement of sections 5 and 6 of the Public Sector 
Pension Plans (Reciprocal Bulk Transfers, 2011) Amendment 
Regulation is to continue and to be completed under those sections 
as if they were not repealed.
Part 2 
Local Authorities Pension Plan
7   The Local Authorities Pension Plan (AR 366/93) is 
amended by this Part.

8   Section 2(1) is amended
	(a)	in clause (p) by striking out "or (m)" and substituting 
", (m) or (n)";
	(b)	in clause (rr)(iii) by adding "or the person's transfer by 
section 19.22(5) of the Regulations" after "Act Schedule".
9   Section 11(1)(d.1) is amended by adding "in respect of his 
own pensionable service" after "pension".

10   Section 11.1(3) is amended by adding "or where a person 
is transferred into the Plan by section 19.22(2) of the Regulations" 
after "Regulations".
Part 3 
Management Employees Pension Plan
11   The Management Employees Pension Plan (AR 367/93) 
is amended by this Part.

12   Section 3(7) is amended by striking out "or (m)" and 
substituting ", (m) or (n)".

13   Section 10(1) is amended
	(a)	in clause (m) by adding "(repealed)" after "(e)" and 
"19.1";
	(b)	by adding the following after clause (m):
	(n)	persons who were participants employed by an 
employer that is also an employer under the Public 
Service Pension Plan at that employer's time of transfer 
within the meaning of section 19.2(c) of the Regulations 
and immediately became employed by the new 
employer under the Local Authorities Pension Plan so 
long as they remain continuously employed by that new 
employer.

14   Section 11(d.1) is amended by adding "in respect of his 
own pensionable service" after "pension".
Part 4 
Public Service Pension Plan
15   The Public Service Pension Plan (AR 368/93) is 
amended by this Part.

16   Section 2(1)(rr) is amended by adding "or the person's 
transfer by section 19.22(2) of the Regulations" after "death".
17   Section 3(7) is amended by striking out "or (m)" and 
substituting ", (m) or (n)".

18   Section 10(1) is amended
	(a)	in clause (m)
	(i)	by adding "(repealed)" after "(e)" and "19.1";
	(ii)	by striking out "the Management Employees Pension 
Plan" and substituting "a related plan or fell within 
section 32.1(2)";
	(b)	by adding the following after clause (m):
	(n)	persons who were participants employed by an 
employer at that employer's time of transfer within the 
meaning of section 19.2(c) of the Regulations, 
immediately became employed by the new employer 
under the Local Authorities Pension Plan and had 
combined pensionable service in a related plan or fell 
within section 32.1(2) at that time, so long as they 
remain continuously employed by that new employer.

19   Section 11(d.1) is amended by adding "in respect of his 
own pensionable service" after "pension".
Part 5 
Commencement
20(1)  Subject to subsection (2), this Regulation is deemed 
to have come into force immediately before the end of 
December 12, 2010.
(2)  Sections 2, 3, 4, 15 and 18(a)(ii) are deemed to have 
come into force on March 31, 2009.


Alberta Regulation 151/2011
Peace Officer Act
PEACE OFFICER (MINISTERIAL) AMENDMENT REGULATION
Filed: July 14, 2011
For information only:   Made by the Solicitor General and Minister of Public Security 
(M.O. 04/2011) on July 11, 2011 pursuant to section 29 of the Peace Officer Act. 
1   The Peace Officer (Ministerial) Regulation (AR 312/2006) 
is amended by this Regulation.

2   Section 10 is amended
	(a)	by repealing subsection (2)(e);
	(b)	by adding the following after subsection (2):
(3)   If a peace officer terminates the peace officer's 
employment or engagement of services with an authorized 
employer, the authorized employer must, within 30 days of the 
termination, report the termination in writing to the Director.

3   Section 18(1) is amended by adding the following after 
clause (b):
	(b.1)	a white shirt and blue-black pants with or without a blue or 
grey stripe, if permitted by the Minister;



4   Section 22(1) is amended by adding the following after 
clause (b):
	(b.1)	having regard to all of the circumstances of the complaint, no 
investigation is necessary;

5   Section 23 is amended by striking out "March 31, 2012" 
and substituting "March 31, 2021".



Alberta Regulation 152/2011
Funeral Services Act
GENERAL AMENDMENT REGULATION
Filed: July 15, 2011
For information only:   Made by the Minister of Service Alberta (M.O. SA:007/2011) 
on July 13, 2011 pursuant to section 27 of the Funeral Services Act. 
1   The General Regulation (AR 226/98) is amended by this 
Regulation.

2   Section 7 is amended by striking out "the corporate name 
must be clearly disclosed to the public on the letterhead, contracts and 
price lists of the business" and substituting the following: 
the business's corporate name must be clearly disclosed to the public
	(a)	on the business's letterhead,
	(b)	in the business's contracts,
	(c)	in advertising, and


	(d)	on the business's price list.

3   Section 8 is amended
	(a)	by renumbering section 8 as section 8(1);
	(b)	in subsection (1)
	(i)	by adding the following after clause (c):
	(c.1)	contain a list of the current locations where 
embalming, and cremation services are to be 
performed and contain a statement that the final 
location of these services may be subject to change 
and, if changed, a list of the then current locations 
will be provided at the time these services are 
required;
	(ii)	by adding the following after clause (d):
	(e)	contain a statement, to be initialled by the 
purchaser, that cremated remains not claimed 
within 5 years after the date of cremation will be 
disposed of in accordance with section 36.3.
	(c)	by adding the following after subsection (1):
(2)  At the time a funeral services contract is entered into, the 
funeral services business must disclose to the purchaser, in 
writing, whether or not refrigeration is available at the location 
where the funeral services will be provided.
(3)  Where a funeral services business does not have refrigeration 
facilities available at the location where the funeral services will 
be provided, and
	(a)	the funeral services contract does not provide for 
embalming services, and 
	(b)	final disposition will not occur within 72 hours from the 
time the funeral services business takes possession of 
the deceased's remains,
the funeral services business must disclose in writing, at the time 
the funeral services business takes possession of the deceased's 
remains, the location of any refrigeration facilities to which the 
funeral services business has been provided access.

4   The following is added after section 8:
Copy of funeral services contract
8.1   A funeral services business must provide a copy of the signed 
funeral services contract to the purchaser immediately after the 
contract is signed.

5   Section 11(b) is amended by striking out "interest earned" 
and substituting "income".

6   The following is added after section 11.1:
Funds not claimed
11.2(1)  Money held by a funeral services business pursuant to a 
pre-need funeral services contract becomes unclaimed trust money 
where
	(a)	the funeral services business has been unable to determine 
whether the contract beneficiary is deceased and has 
reasonable grounds to believe that the contract beneficiary 
would be 120 years old, or
	(b)	the funeral services business has reasonable grounds to 
believe that another funeral services business has provided 
the funeral services,
and it is also the case that
	(c)	goods or services that are the subject of the contract have not 
been provided, and
	(d)	the funeral services business has been unable to locate the 
purchaser or personal representative.
(2)  Once money held by a funeral services business pursuant to a 
pre-need funeral services contract becomes unclaimed trust money, 
the funeral services business shall
	(a)	notify the authorized trustee in writing and direct the trustee 
to transfer the money and income to the Minister within 15 
days,
	(b)	notify the Minister in writing of the transfer, and
	(c)	provide the Minister with any other information requested by 
the Minister.
(3)  Money paid to the Minister under subsection (2) shall be held in 
trust by the Minister for 2 years.
(4)  Investment income on money paid to the Minister under 
subsection (2) accrues to the Crown.
(5)  A person who makes an application to claim money paid under 
subsection (2) shall
	(a)	make the application in a form approved by the Minister, and
	(b)	provide the Minister with any information requested by the 
Minister.
(6)  The Minister shall, within 120 days after an application is 
received under subsection (5), consider the application and may 
	(a)	allow the claim, if the Minister is satisfied that the applicant 
has a valid entitlement to the money, or
	(b)	deny the claim, if the Minister is not satisfied that the 
applicant has a valid entitlement to the money.
(7)  If the Minister does not receive a valid application for money 
paid under subsection (2) by a person entitled to it within 2 years 
from the time that the money is paid to the Minister, 
	(a)	the money shall be paid to the Board, and 
	(b)	all claims to the money by the person entitled to it are 
extinguished.
Consumer assistance fund
11.3(1)  No money shall be paid to the Board until a consumer 
assistance fund has been established.
(2)  All money paid to the Board under section 11.2 shall be paid 
into the consumer assistance fund and that money shall be used for 
the purposes of advancing funeral services, including, without 
limitation, providing funeral services to low income persons, 
consumer education and grief counselling, as directed by the 
Minister.
(3)  No money shall be paid from the consumer assistance fund 
before January 1, 2015.
Investments
11.4(1)  The Board may invest money in the consumer assistance 
fund only in investments in which trustees are permitted to invest 
trust funds as provided for under Schedule 3.
(2)  Investment income earned on deposits of the consumer  
assistance fund accrues to and forms part of the consumer 
assistance fund.
Annual statement
11.5(1)  The Board must ensure that an audited financial statement 
on the consumer assistance fund containing the information 
required by the Minister is prepared for each fiscal year of the 
Board.
(2)  The Board must submit an audited financial statement prepared 
in accordance with subsection (1) to the Minister by July 31 
following the fiscal year for which it is prepared.
Winding-up of fund
11.6(1)  The consumer assistance fund may not be wound up 
without an order of the Minister.
(2)  If the consumer assistance fund is wound up, the consumer 
assistance fund must
	(a)	first, be used to pay all costs incurred in the winding-up of 
the consumer assistance fund, and
	(b)	second, be disposed of in accordance with an order of the 
Minister.

7   Section 12(1) is amended by striking out "section 5 of the 
Act" and substituting "section 10".

8   Section 12.1(2)(a)(ii) is amended by striking out "interest 
earned" and substituting "income".

9   Section 12.2(b) is amended
	(a)	by striking out "forthwith";
	(b)	in subclause (i) by adding "within 7 days of receiving 
written notice under clause (a)" after "transfer the contract";
	(c)	by striking out "and" at the end of subclause (i) and 
by adding the following after subclause (i):
	(i.1)	provide written notification to the authorized trustee 
within 5 business days of receiving written notice under 
clause (a) stating the money held in trust is to be 
transferred as provided for under the Act and this 
Regulation, and

10   The following is added after section 12.2:
Change in location of trust account
12.3   A funeral services business shall inform the Director in 
writing prior to any changes respecting the location where a trust 
account is held.

11   Section 13(3) is amended by adding "dead" after 
"preparing".

12   Section 13.3 is repealed and the following is 
substituted:
Fixed business location
13.3   A funeral services business must have a fixed business 
location.

13   Section 14(b) is repealed and the following is 
substituted:
	(b)	any change in the officers of the company or corporation or 
partners of a partnership, and

14   Section 15 is amended
	(a)	in subsection (1) by adding the following after 
clause (a):
	(a.1)	retain a copy of all funeral services contracts entered 
into and trust account information obtained for a 
minimum period of 7 years after the trust money has 
been transferred to the Minister in accordance with 
section 11.2,
	(b)	in subsection (2)
	(i)	in clause (b)(viii) by striking out "interest earned" 
and substituting "income";
	(ii)	in clause (c)(vii) by adding "and address" after 
"name";
	(c)	by repealing subsection (3).

15   Section 16 is repealed and the following is substituted:
Annual pre-need trust report
16(1)  The licensee of a funeral services business that enters into 
pre-need funeral services contracts or holds money in trust pursuant 
to sections 7 and 8 of the Act shall annually provide to the Director a 
report of its financial affairs for the preceding year
	(a)	within 120 days of its fiscal year end,
	(b)	in the form set by the Director, and
	(c)	completed by a public accounting firm registered under the 
Regulated Accounting Profession Act.
(2)  The Director may require the report under subsection (1) to be 
audited by an independent auditor within the time specified by the 
Director.

16   Section 17.1 is repealed.

17   Section 18 is amended
	(a)	in subsection (7)
	(i)	by striking out "5 days" and substituting "7 
days";
	(ii)	by repealing clause (b) and substituting the 
following:
	(b)	written notice of the date of commencement and 
termination of employment of any funeral director, 
embalmer or pre-need salespersons hired by the 
funeral services business;
	(b)	in subsection (8) by striking out "notify the Director 
immediately" and substituting "provide written 
notification to the Director within 7 days".

18   Section 19(a) is amended by adding "solicit to enter into 
or" before "enter into on behalf of".

19   Section 21 is amended by adding "solicit to enter into or" 
after "authorizes the licensee to".

20   Section 22 is amended
	(a)	in subsection (1)
	(i)	in clause (a) by striking out "sponsor the applicant" 
and substituting "employ the applicant either as an 
employee or contractor";
	(ii)	in clause (b) by striking out "intends to work" and 
substituting "will be actively engaged in the 
operation of the funeral services business";
	(b)	by repealing subsection (2).

21   Section 25 is amended by striking out "5 days" and 
substituting "7 days".

22   Section 26 is repealed and the following is substituted:
Inspections and investigations
26(1)  On the completion of an inspection or investigation in respect 
of a funeral services business by an inspector, the inspector shall 
provide a summary of the inspector's findings to the Director.
(2)  The Director shall provide a copy of the summary of the 
inspector's findings to the funeral services business and shall 
indicate whether any deficiencies were found during the inspection 
or investigation.
(3)  If any deficiencies were found during the course of the 
inspection or investigation, the Director may direct the funeral 
services business to take such steps as are necessary in the Director's 
opinion to correct them.

23   Section 33 is repealed and the following is substituted:
Registers
33   The Director shall maintain registers showing the name of
	(a)	each funeral director,
	(b)		each embalmer,
	(c)	each pre-need salesperson,
	(d)	each funeral services business,
	(e)	each funeral services business that is licensed to enter into 
pre-need funeral services contracts,
	(f)	each funeral services business that offers embalming, and
	(g)	the business manager for each funeral services business.

24   Section 34 is amended
	(a)	in subsection (1) by striking out "and investigate";
	(b)	by repealing subsection (3).

25   Section 35 is repealed.

26   Section 36(2) is amended by striking out "The" and 
substituting "Subject to an order of the Court, the".

27   Section 36.1(4) is amended by striking out "one year" and 
substituting "5 years".

28   Section 36.3 is repealed and the following is 
substituted:
Disposition of remains
36.3(1)  Any cremated remains that are not claimed within 5 years 
from the date of the cremation must be disposed of by the funeral 
services business in a manner that is not offensive and that does not 
create a nuisance as specified in the funeral services contract.
(2)  If the funeral services business possesses cremated remains at 
the time this section comes into force, and the cremated remains are 
not claimed within 5 years from the date this section comes into 
force, the funeral services business must dispose of the cremated 
remains in a manner that is not offensive and that does not create a 
nuisance.
(3)  Prior to disposing any cremated remains under this section, the 
funeral services business must make reasonable attempts to contact 
the person with the right to control the disposition of cremated 
remains under section 36 by registered mail to the last known 
address of the person, by advertisement in a newspaper of local 
circulation or by any other traceable method available to the funeral 
services business.

29   Section 37 is amended by adding the following after 
subsection (11):
(12)  The fee for an appeal made pursuant to section 16 or 34.2 of 
the Act is $1000.
(13)  If an appeal is successful, the appeal fee shall be returned to the 
applicant.

30   The following is added after section 37.2:
Powers of Board
37.21(1)  The Board has the capacity and, subject to the Act and 
this Regulation, the rights, powers and privileges of a natural person.
(2)  The Board has the capacity to exercise a natural person's rights, 
powers and privileges in any jurisdiction outside Alberta to the 
extent that the laws of that jurisdiction permit.

31   Section 37.3(3)(b) is repealed and the following is 
substituted:
	(b)	is or was actively engaged in the day-to-day operation of a 
funeral services business or a crematory licensed under the 
Cemeteries Act as an owner, a part owner, a business 
manager, a funeral director, an embalmer or a shareholder.

32   Section 37.9(3)(b) is amended by striking out "by 
originating notice".

33   The following is added after section 37.91:
Compensation fund
37.92(1)  The Board may create a compensation fund for the 
purpose of the payment of claims to a claimant in respect of a funeral 
services business.
(2)  When a compensation fund has been established under 
subsection (1), a purchaser or a personal representative of a 
purchaser who has entered into a pre-need sales contract with a 
funeral services business is eligible for compensation from the 
compensation fund in accordance with subsection (3).
(3)  A purchaser or a personal representative of a purchaser has a 
claim against the compensation fund if the purchaser suffers a loss 
because of any one or more of the following:
	(a)	a funeral services business's failure to comply with the 
provisions of the Act or regulations that apply to the 
business;
	(b)	a funeral services business's failure to comply with a 
pre-need funeral services contract between the purchaser and 
the funeral services business;
	(c)	a funeral services business's fraud, breach of trust, 
misrepresentation, theft, conversion, negligence or default 
with respect to goods or services sold or any money collected 
in relation to a pre-need funeral services contract;
	(d)	a funeral services business's failure to comply with a 
condition of the funeral services business licence;
	(e)	the funeral services business's bankruptcy or insolvency and 
the services provided for in the pre-need funeral services 
contract have not been performed.
Investments
37.93(1)  The Board may invest money in the compensation fund 
only in investments in which trustees are permitted to invest trust 
funds as provided for under Schedule 3.
(2)  Investment income earned on deposits of the compensation fund 
accrues to and forms part of the compensation fund.
Additional purposes of compensation fund
37.94   When the compensation fund exceeds $2 000 000, the 
portion of the fund exceeding $2 000 000 may be used by the Board 
for the purpose of
	(a)	providing information relating to the funeral services 
business to consumers and persons engaged in the funeral 
services business, and
	(b)	paying the costs of investigations for which the Director is 
responsible.
Claims against compensation fund
37.95(1)  Subject to subsection (2), a purchaser or the personal 
representative of a purchaser of a pre-need funeral services contract 
may make a claim against the compensation fund if
	(a)	the funeral services business was licensed at the time that the 
purchaser paid for a part or all of the services in accordance 
with the terms of the pre-need funeral services contract, and
	(b)	the purchaser has made a demand to be reimbursed for the 
money paid under the pre-need funeral services contract or 
for goods or services that were not provided for in 
accordance with the pre-need funeral services contract.
(2)  A purchaser is not entitled to claim for any amount that exceeds
	(a)	the amount due in accordance with the Act, if the purchaser 
has requested a cancellation or assignment of the pre-need 
funeral services contract, 
	(b)	the amount paid plus income due in accordance with the Act, 
if the purchaser has not requested a cancellation or 
assignment of the pre-need funeral services contract, or
	(c)	in all other instances the amount paid plus interest, calculated 
in accordance with the rate set in the Judgment Interest Act.
(3)  For the purposes of calculating interest in subsection (2)(c), the 
Board may use the rates set out in the Judgment Interest Act.
(4)  A purchaser is not entitled to compensation
	(a)	for funeral services that were provided or made available, or 
for alternate and equivalent funeral services that were 
provided or made available,
	(b)	based on the cost, value or quality of alternate and equivalent 
funeral services provided,
	(c)	for any consequential or indirect damages arising from the 
alternate funeral services provided, or
	(d)	for amounts the purchaser has otherwise been compensated 
for.
Time limit for claim against compensation fund
37.96   A claim against the compensation fund may be made 
	(a)	within 6 months from the date the purchaser or the 
purchaser's personal representative receives notice of the 
bankruptcy or insolvency of the funeral services business, or
	(b)	where the purchaser has made a demand to be reimbursed for 
the money paid under the contract or for goods or services 
that were not provided for in accordance with the contract, 
within 6 months from the date a demand for payment or a 
demand for the services was made,
whichever occurs first.
Application
37.97(1)  A purchaser may make an application for a claim from the 
compensation fund
	(a)	in a form and manner acceptable to the Board, and
	(b)	by providing any other documents the Board may require 
within 30 days from the date the Board makes its request or 
any longer period of time specified by the Board.
(2)  If a claimant does not comply with a request under subsection 
(1)(b) within the specified period of time, the Board may dismiss the 
claim.
Maximum amount payable from compensation fund 
37.98(1)  In this section, "compensation event" means
	(a)	the bankruptcy or insolvency of a funeral services business, 
regardless of the number of funeral services locations that 
business has, or
	(b)	as determined by the Board, the transaction or series of 
transactions, including all related transactions, for or in 
respect of a funeral services business and its licensees.
(2)  The maximum amount payable from the compensation fund is 
the lower of
	(a)	$2000 per person who made the payments under the contract 
or the person for whose benefit the contract was entered into 
or that person's personal representative, or
	(b)	the claimant's portion of $40 000 per compensation event 
regardless of the total number of claimants.
(3)  If subsection (2)(b) operates to limit the amount that would 
otherwise be paid to a claimant under subsection (2)(a), each 
claimant shall receive a proportionate share of the amount that would 
be paid but for the operation of subsection (2)(b).
(4)  The Board shall not make a payment from the compensation 
fund that exceeds the amount of money in the compensation fund.
(5)  If a claim exceeds the amount of money in the compensation 
fund, each claimant shall receive a proportionate share of the amount 
in the compensation fund.
Notice of claim
37.99(1)  The Board shall give the licensee involved notice of the 
application for a claim made against the compensation fund within 
15 days of receiving the application. 
(2)  If the licensee involved chooses to respond to the application for 
a claim made against the compensation fund, the licensee must do so 
within 15 days of receiving notice of the application.
Hearings
37.991  On receipt of an application for a claim against the 
compensation fund, the Board may make its decision based on 
written submissions or an oral hearing. 
Reimbursement to compensation fund
37.992   If the Board pays an amount to a claimant from the 
compensation fund in respect of a funeral services business or any 
other licensee, the business or other licensee is liable to the Board for 
the amount of the payment and the Board may collect the amount by 
civil action for debt in a court of competent jurisdiction.
Decision of Board
37.993(1)  Subject to subsection (2), the Board shall provide the 
applicant and the licensee with a written copy of its decision within 
90 days from the receipt of an application under section 37.97.
(2)  The Board may extend the time period referred to under 
subsection (1) and shall notify the applicant and the licensee in 
writing that the time period is being extended, with reasons why the 
time period is being extended.
(3)  A decision of the Board to pay or not to pay an amount to a 
claimant from the compensation fund in respect of a funeral services 
business is final.
Annual statement
37.994(1)  The Board must ensure that an audited financial 
statement on the compensation fund containing the information 
required by the Minister is prepared for each fiscal year of the Board.
(2)  The Board must submit an audited financial statement prepared 
in accordance with subsection (1) to the Minister by July 31 
following the fiscal year for which it is prepared.
Winding-up of compensation fund
37.995(1)  The compensation fund may not be wound up without an 
order of the Minister.
(2)  If the compensation fund is wound up, the compensation fund 
must
	(a)	first, be used to pay all costs incurred in the winding-up of 
the compensation fund,
	(b)	second, be used to discharge all liabilities of the 
compensation fund, and
	(c)	third, be disposed of in accordance with an order of the 
Minister.

34   Section 43 is amended by striking out "November 30, 
2011" and substituting "November 30, 2019".

35   Schedule 1 is amended in the second paragraph 2 by 
striking out "interest earned" and substituting "income".

36   Schedule 3 is amended
	(a)	by repealing section 4(5);
	(b)	by repealing section 5;
	(c)	by repealing section 8;
	(d)	in section 9(2) by striking out "by the instrument of trust 
or";
	(e)	by repealing section 11.

37   The following is added after Schedule 3:
Schedule 4 
 
Administrative Penalties
The following administrative penalties are payable in respect of a 
contravention of the following sections of the Funeral Services Act:
 
Funeral Services Act (section)
Penalty for 1st 
contravention ($)
Penalty for 2nd 
contravention ($)
10(1)
1000
2500
3(1.1), (2), (3), (4) and (5), 
5(3), 12(1) and 13(1)
1500
5000
3(1) and 8(1)
5000
20 000

The following administrative penalties are payable in respect of a 
contravention of the following sections of this Regulation:
 
General Regulation (section)
Penalty for 1st 
contravention ($)
Penalty for 2nd 
contravention ($)
8.1, 9, 12.2(b), 13(1), 14, 
15(1), 17, 18(7) and (8), 25, 
36.1(2) and 36.2(1)
500
1000
7, 12.1(1), (2), (4), (5) and (7) 
and 16(1)
1000
2500
8
1500
5000
12(1)
5000
20 000

38   This Regulation comes into force on the coming into 
force of the Funeral Services Amendment Act, 2008.