Copyright and Disclaimer Print  


 
Alberta Regulation 137/2012
Marketing of Agricultural Products Act
ALBERTA WHEAT COMMISSION REGULATION
Filed: August 1, 2012
For information only:   Made by the Alberta Wheat Commission on August 1, 2012 
and approved by the Agricultural Products Marketing Council on August 1, 2012 
pursuant to section 26 of the Marketing of Agricultural Products Act. 
Table of Contents
	1	Definitions
	2	Service charges
	3	Variation of service charge
	4	Collection of service charge
	5	Refund of service charges
	6	Dealer's licence required
	7	Application for dealer's licence
	8	Granting of dealer's licence
	9	Licence refused, suspended, cancelled, not renewed
	10	Inspection of records
	11	Use of funds
	12	Interest on late payment of service charges
	13	Legal action
	14	Expiry
Definitions
1(1)  In this Regulation,
	(a)	"Commission" means the Alberta Wheat Commission;
	(b)	"Plan" means the Alberta Wheat Commission Plan.
(2)  Words used in this Regulation that are defined in the Alberta 
Wheat Commission Plan Regulation have the same meaning as defined 
in that Regulation.
Service charges
2   Any producer who sells any regulated product shall pay to the 
Commission a service charge in the amount of $0.70 per metric tonne 
or portion of a metric tonne of regulated product sold.
Variation of service charge
3(1)  The Commission may, from time to time, change the amount of 
the service charge.
(2)  Notwithstanding subsection (1), a change in the amount of the 
service charge shall not be effective until it has been approved by a 
vote of the producers at an annual Commission meeting or a special 
Commission meeting.
Collection of service charge
4(1)  Any dealer who
	(a)	purchases regulated product from a producer, or
	(b)	acquires regulated product from a producer for sale on the 
producer's behalf to a third party
shall collect the service charge for the regulated product by deducting 
the amount of the service charge from any proceeds payable to or on 
behalf of the producer.
(2)  Any dealer who collects a service charge shall, subject to any 
directions given by the Commission, pay the amount of the service 
charge to the Commission within 55 days from the end of the month 
within which the service charge was collected.
(3)  Any dealer who is required to collect and pay to the Commission 
the service charge payable by a producer shall, when that dealer pays 
the service charge to the Commission, provide to the Commission, in 
respect of that producer, a summary detailing
	(a)	the total amount of regulated product in metric tonnes or 
portions thereof obtained from the producer,
	(b)	the wheat class of the regulated product,
	(c)	the total amount of the service charge being paid on behalf of 
the producer, and
	(d)	the name, mailing address, telephone number and, if 
available, e-mail address of the producer.
(4)  A dealer who fails
	(a)	to collect a service charge in accordance with subsection (1), 
or
	(b)	to pay a service charge to the Commission in accordance 
with subsection (2) 
is liable to the Commission for the amount of the service charge.
Refund of service charges
5(1)  Any service charge that is paid by or on behalf of a producer is 
refundable to the producer on request of the producer.
(2)  A request for a refund of the service charge must
	(a)	be made in writing on a form that is provided by or is 
acceptable to the Commission, and
	(b)	contain the following information:
	(i)	the producer's name;
	(ii)	the producer's mailing address, telephone number and, 
if available, e-mail address;
	(iii)	the wheat class or wheat classes of the regulated product 
sold;
	(iv)	the total quantity of regulated product sold in metric 
tonnes or portions thereof and total amount of service 
charge deducted;
	(v)	the name, mailing address, telephone number and, if 
available, e-mail address of any dealer who collected 
the service charge on behalf of the producer;
	(vi)	any other information in respect of the refund that is 
requested by the Commission.
(3)  Requests for refunds must be received by the Commission at its 
head office
	(a)	prior to the end of August, for service charges collected 
during the period commencing on the previous February 1 
and ending on July 31, and
	(b)	prior to the end of February, for service charges collected 
during the period commencing on the previous August 1 and 
ending on January 31.
(4)  Any request for a refund that is not received by the Commission 
within the time periods specified under subsection (3) shall not be 
considered by the Commission, and the producer will not be entitled to 
a refund in respect of the service charges in question.
(5)  The Commission shall refund the service charge to the producer 
within 90 days from the end of the period in which the request for a 
refund of the service charges is received, if the request complies with 
this Regulation.
Dealer's licence required
6   No person shall carry on the business of a dealer in the regulated 
product unless that person is licensed as a dealer under this Regulation.
Application for dealer's licence
7(1)  A person may apply to the Commission for a licence to operate 
as a dealer.
(2)  An application under subsection (1) must be in a form prescribed 
by the Commission and include
	(a)	the name, mailing address, telephone number and, if 
available, e-mail address of the applicant, 
	(b)	the street address of the applicant, if it is different from the 
mailing address, 
	(c)	the Canadian Grain Commission licence information, and
	(d)	any other information the Commission may require.
Granting of dealer's licence
8(1)  If the Commission is satisfied that a dealer's licence should be 
granted to the applicant, the Commission shall grant to the applicant a 
dealer's licence in a form prescribed by the Commission.
(2)  A dealer's licence expires on July 31 of the next odd numbered 
year occurring after the issuance of the licence.
(3)  Notwithstanding subsection (2), a dealer's licence that is issued in 
an odd numbered year before July 31 of that year expires on that July 
31.
(4)  A dealer's licence is not transferable and becomes void when the 
dealer's business is sold, transferred, assigned or otherwise disposed 
of.
(5)  A dealer's licence issued by the Commission
	(a)	is a licence to be engaged in the activity stated in the licence,
	(b)	is not an endorsement by the Commission of the licence 
holder, and
	(c)	shall not be represented by the licence holder or any other 
person as an endorsement by the Commission.
Licence refused, suspended, cancelled, not renewed
9(1)  The Commission may refuse to grant a dealer's licence
	(a)	if the applicant fails to provide information or additional 
information required by the Commission under section 7(2),
	(b)	if the applicant has contravened
	(i)	the Act,
	(ii)	the Plan,
	(iii)	this Regulation,
	(iv)	any other regulation made under the Act in respect of 
the Plan,
	(v)	an order or direction of the Council or an administrative 
order or directive of the Commission, or
	(vi)	any other Act, regulation or order that applies to the 
applicant or its business,
	(c)	if the applicant does not hold a licence issued by the 
Canadian Grain Commission, or
	(d)	for any other reason the Commission considers appropriate.
(2)  The Commission may suspend or cancel a dealer's licence or 
refuse to renew a dealer's licence
	(a)	if the dealer has contravened
	(i)	the Act,
	(ii)	the Plan,
	(iii)	this Regulation,
	(iv)	any other regulation made under the Act in respect of 
the Plan,
	(v)	an order or direction of the Council or an administrative 
order or directive of the Commission, or
	(vi)	any other Act, regulation or order that applies to the 
dealer or its business,
	(b)	if the dealer held a licence issued by the Canadian Grain 
Commission and that licence has been suspended, cancelled 
or not renewed, or
	(c)	for any other reason the Commission considers appropriate.
(3)  If the Commission refuses to issue a licence or cancels, suspends 
or refuses to renew a licence, the Commission must advise the 
applicant or dealer in writing of its decision.
(4)  The Commission may
	(a)	suspend a licence for a period of time that it considers 
appropriate, or
	(b)	in the case of a licence that is suspended, remove the 
suspension.
(5)  If the Commission refuses to issue a licence or cancels, suspends 
or refuses to renew a licence,
	(a)	the dealer must, on receiving notice of the Commission's 
decision, immediately cease carrying on the activity 
authorized by the licence, and
	(b)	the applicant or dealer may make an application to the 
Commission pursuant to Part 5 of the Act and the Review and 
Repeal Regulation (AR 84/2012).
Inspection of records
10(1)  A person who is required by this Regulation to keep records or 
other information, including the information referred to in section 4(3), 
must
	(a)	retain the records or other information for a minimum of one 
year from the date the records or other information was 
made, and
	(b)	as requested by the Commission
	(i)	make the records or information available for inspection 
during normal business hours, or
	(ii)	deliver the records or information to the Commission 
within 15 days from the date the request is received by 
that person.
(2)  A dealer must, when requested by the Commission, assist the 
Commission in the compilation of lists of producers.
Use of funds
11   Any funds received by the Commission under the Plan and any 
interest that accrues in respect of those funds shall be used by the 
Commission for the purposes of paying its expenses and administering 
the Plan and the regulations.
Interest on late payment of service charges
12   Interest must be paid to the Commission for any late payment of 
service charges at the rate of 1% per month calculated on the balance 
due.
Legal action
13   The Commission
	(a)	may commence and maintain any legal action that is 
necessary to enforce the payment of service charges that are 
payable as required by this Regulation, and
	(b)	shall recover solicitor-client legal costs incurred with respect 
to an action described in clause (a).
Expiry
14   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, 2018.


--------------------------------
Alberta Regulation 138/2012
Marketing of Agricultural Products Act
ALBERTA OAT GROWERS COMMISSION REGULATION
Filed: August 1, 2012
For information only:   Made by the Alberta Oat Growers Commission on August 1, 
2012 and approved by the Agricultural Products Marketing Council on August 1, 
2012 pursuant to section 26 of the Marketing of Agricultural Products Act. 
Table of Contents
	1	Interpretation
	2	Service charges
	3	Variation of service charges
	4	Collection of service charges
	5	Refund of service charges
	6	Dealer's licence required
	7	Application for dealer's licence
	8	Granting of dealer's licence
	9	Authority of dealer's licence
	10	Disposal of dealer's licence
	11	Refusal to grant a dealer's licence
	12	Suspension or cancellation of dealer's licence
	13	Hearing
	14	Report to Commission
	15	Information
	16	Inspection of records
	17	Use of funds
	18	Interest
	19	Legal action
	20	Expiry
Interpretation
1(1)  In this Regulation,
	(a)	"Act" means the Marketing of Agricultural Products Act;
	(b)	"Commission" means the commission established under the 
Plan with the name "Alberta Oat Growers Commission";
	(c)	"dealer" means a person or business operation purchasing or 
acquiring regulated product from a producer and includes, 
but is not limited to,
	(i)	elevator companies, grain companies, grain dealers, 
food processors, feed manufacturers and livestock 
feeders, and
	(ii)	persons who acquire regulated product from the 
producer for sale on the producer's behalf;
	(d)	"Plan" means the Alberta Oat Growers Commission Plan 
Regulation;
	(e)	"producer" means a producer as defined in the Plan;
	(f)	"regulated product" means regulated product as defined in 
the Plan.
(2)  Words defined in either the Act or the Plan have the same meaning 
when used in this Regulation.
Service charges
2   Any producer who sells any regulated product shall pay to the 
Commission a service charge in the amount of $0.50 per metric tonne 
or portion of a metric tonne of regulated product sold.
Variation of service charges
3(1)   The Commission may, from time to time, change the amount of 
the service charge.
(2)  Notwithstanding subsection (1), a change in the amount of the 
service charge is not effective until it has been approved by a vote of 
the producers at an annual Commission meeting or a special 
Commission meeting.
Collection of service charges
4(1)  All dealers must deduct the amount of the service charge from 
any proceeds payable to or on behalf of the producer where a dealer
	(a)	purchases regulated product from a producer, or
	(b)	acquires regulated product from a producer for sale on the 
producer's behalf.
(2)  Any dealer who collects a service charge must, subject to any 
directions given by the Commission, pay the amount of the service 
charge to the Commission within 45 days from the end of the month 
within which the service charge was collected.
(3)  Notwithstanding subsection (2), if an arrangement is made 
between the Commission and the person collecting the service charge 
establishing time periods, other than the ones provided for under 
subsection (2), under which the service charges are to be paid to the 
Commission, the dealer must pay the service charges to the 
Commission in accordance with that arrangement unless otherwise 
directed by the Commission.
(4)  Notwithstanding subsection (3), if a dealer fails
	(a)	to deduct a service charge in respect of regulated product 
sold by or on behalf of a producer in accordance with 
subsection (1), and 
	(b)	to pay the service charge to the Commission in accordance 
with subsection (2),
the dealer is liable to the Commission for the amount of the service 
charge.
(5)  Any person who is required to collect and pay to the Commission 
the service charge payable by a producer must, when that person pays 
the service charge to the Commission, provide to the Commission, in 
respect of that producer, a summary detailing the following 
information:
	(a)	the name and address of the producer;
	(b)	the type and crop class of the regulated product, if available;
	(c)	the dollar value and quantity of the regulated products 
obtained from the producer;
	(d)	the amount of the service charge being paid on behalf of the 
producer.
Refund of service charges
5(1)  Any service charge that is paid by or on behalf of a producer is 
refundable to the producer on request of the producer.
(2)  A request for a refund of the service charge must
	(a)	be made in writing on a form established by the Commission, 
and
	(b)	contain the following information:
	(i)	the producer's name;
	(ii)	the producer's mailing address and telephone number;
	(iii)	the type and crop class of the regulated product, if 
available;
	(iv)	the dollar amount and quantity of the regulated product 
sold;
	(v)	the name and address of any dealer who collected the 
service charge on behalf of the producer;
	(vi)	any other information in respect of the refund not 
referred to in subclauses (i) to (v) that is requested by 
the Commission.
(3)  Requests for refunds must be received by the Commission at its 
head office
	(a)	prior to the end of August, for service charges collected 
during the period commencing on the previous February 1 
and ending on July 31, and 
	(b)	prior to the end of February, for service charges collected 
during the period commencing on the previous August 1 and 
ending on January 31.
(4)  Any request for a refund that is not received by the Commission 
within the applicable time period referred to in subsection (3) is not to 
be considered by the Commission and the producer is not entitled to a 
refund in respect of which the request was made.
(5)  Notwithstanding subsection (4), the Commission may, if it is 
satisfied that extenuating circumstances exist that warrant its doing so, 
consider an application for a refund that is received after the applicable 
time period referred to in subsection (3).
(6)  Subject to subsection (4), the Commission must refund the service 
charge to the producer within 90 days after the end of the period to 
which the request for the refund relates.
Dealer's licence required
6  No person shall carry on the business of a dealer in the regulated 
product unless that person is licensed as a dealer under this Regulation.
Application for dealer's licence
7(1)  Any person who wishes to market or process the regulated 
product must apply for and obtain a dealer's licence from the 
Commission.
(2)  An application under subsection (1) must be in a form prescribed 
by the Commission and include
	(a)	the name, telephone number and mailing address of the 
applicant,
	(b)	the address of the applicant, if it is different from the mailing 
address, and
	(c)	such other information as the Commission may require.
Granting of dealer's licence
8(1)  If the Commission is satisfied that a dealer's licence should be 
granted to the applicant, the Commission must grant the applicant a 
dealer's licence in a form prescribed by the Commission.
(2)  The Commission must grant a dealer's licence in a form prescribed 
by the Commission to a dealer known to the Commission.
Authority of dealer's licence
9   A dealer's licence is authority for the dealer to receive, market or 
process the regulated product in accordance with this Regulation.
Disposal of dealer's licence
10   A dealer's licence is valid unless suspended or cancelled or until 
the dealer's business is sold, transferred, assigned or otherwise 
disposed of.
Refusal to grant a dealer's licence
11   The Commission may refuse to grant a dealer's licence
	(a)	if it is satisfied that the applicant will not comply with the 
Act, the Plan, this or other regulations that apply to the 
applicant or orders or directions of the Council or the 
Commission, or
	(b)	for any other lawful reason the Commission considers 
proper.
Suspension or cancellation of dealer's licence
12   The Commission may suspend or cancel a dealer's licence if the 
Commission is of the opinion that a holder of a dealer's licence has
	(a)	failed to comply with the Act, the Plan or any regulation 
under the Act, or
	(b)	failed to comply with any order or direction of the Council or 
the Commission.
Hearing
13(1)  The Commission must give written notice of its decision to any 
person who is refused a licence or whose licence is suspended or 
cancelled, as the case may be.
(2)  Where a person receives a notice under subsection (1), that person 
may make application to the Commission for a hearing to show cause 
why the dealer's licence should not be refused, suspended or cancelled, 
as the case may be.
(3)  Where the Commission receives an application under subsection 
(2), it must give notice to the person who made the application of the 
date, place and time that a hearing into the matter will be held.
(4)  At the hearing referred to in subsection (3), the person who made 
the application under subsection (2) must be given an opportunity
	(a)	to show cause why a dealer's licence should be granted, or
	(b)	to show cause why that person's dealer's licence should not 
be suspended or cancelled,
as the case may be.
(5)  Following a hearing under this section, the Commission must give 
written notice of its decision to the person in respect of whom the 
hearing was held.
(6)  A dealer who receives a notice of suspension or cancellation under 
this section must, on receipt of the notice, immediately cease receiving 
the regulated product.
Report to Commission
14   A dealer must
	(a)	record for each month
	(i)	the total volume of regulated product purchased by the 
dealer from producers, and
	(ii)	the total amount paid by the dealer to producers for that 
regulated product so purchased,
		and
	(b)	at the conclusion of the month report to the Commission the 
amounts so recorded for that month.
Information
15   The Commission may request from a producer or a dealer the 
following information:
	(a)	the amount of regulated product grown by a producer or to 
which the producer is entitled under a crop share 
arrangement;
	(b)	the amount of regulated product marketed or processed by a 
producer and the details of the marketing;
	(c)	the amount of regulated product marketed or processed by a 
person and the manner in which it is marketed;
	(d)	such other general information relating to production, 
marketing or processing of the regulated product that the 
Commission requires to carry out its purpose under the Act 
and the Plan.
Inspection of records
16(1)  Where the Commission is of the opinion that circumstances 
warrant it, the Commission may request in writing that a dealer 
produce for the Commission's inspection any record in the possession 
or under the control of the dealer that relates to the collection of 
service charges by the dealer.
(2)  Where a dealer receives a request in writing under subsection (1), 
the dealer must comply with the request in accordance with its terms.
Use of funds
17   Any funds received by the Commission under the Plan must be 
used by the Commission for purposes of paying its expenses and 
administering the Plan and the regulations.
Interest
18   Interest must be paid to the Commission by the dealer for any late 
payment of service charges at the rate of 1.5% per month calculated on 
the balance due.
Legal action
19   The Commission may commence and maintain any legal action 
that is necessary to enforce the payment of service charges that are 
payable under the Plan and this Regulation.
Expiry
20   For the purpose of ensuring that this Regulation is reviewed for 
ongoing relevancy and necessity, with the option that it may be 
repassed in its present or an amended form following a review, this 
Regulation expires on July 31, 2017.



Alberta Regulation 139/2012
Apprenticeship and Industry Training Act
TRADES (EXPIRY CLAUSE) AMENDMENT REGULATION
Filed: August 2, 2012
For information only:   Made by the Alberta Apprenticeship and Industry Training 
Board on May 11, 2012 and approved by the Minister of Enterprise and Advanced 
Education on July 30, 2012 pursuant to section 33(2) of the Apprenticeship and 
Industry Training Act.
1   The Bricklayer Trade Regulation (AR 265/2000) is 
amended in section 9 by striking out "August 31, 2012" and 
substituting "August 31, 2020". 

2   The Cook Trade Regulation (AR 271/2000) is amended in 
section 9 by striking out "August 31, 2012" and substituting 
"August 31, 2020". 

3   The Hairstylist Trade Regulation (AR 281/2000) is 
amended in section 10 by striking out "August 31, 2012" and 
substituting "August 31, 2021". 

4   The Instrument Technician Trade Regulation 
(AR 283/2000) is amended in section 9 by striking out 
"August 31, 2012" and substituting "August 31, 2020". 

5   The Ironworker Trade Regulation (AR 156/2006) is 
amended in section 28 by striking out "August 31, 2012" and 
substituting "August 31, 2021". 

6   The Recreation Vehicle Service Technician Trade 
Regulation (AR 299/2000) is amended in section 9 by 
striking out "August 31, 2012" and substituting "August 31, 
2021". 

7   The Tilesetter Trade Regulation (AR 308/2000) is 
amended in section 9 by striking out "August 31, 2012" and 
substituting "August 31, 2020". 



Alberta Regulation 140/2012
Public Health Act
HOUSING AMENDMENT REGULATION
Filed: August 2, 2012
For information only:   Made by the Minister of Health (M.O. 37/2012) on July 27, 
2012 pursuant to section 66(2)(h) of the Public Health Act. 
1   The Housing Regulation (AR 173/99) is amended by this 
Regulation.

2   Section 7 is amended by striking out "August 31, 2012" 
and substituting "August 31, 2013".


--------------------------------
Alberta Regulation 141/2012
Public Health Act
NUISANCE AND GENERAL SANITATION AMENDMENT REGULATION
Filed: August 2, 2012
For information only:   Made by the Minister of Health (M.O. 38/2012) on July 27, 
2012 pursuant to section 66(2)(k) of the Public Health Act. 
1   The Nuisance and General Sanitation Regulation 
(AR 243/2003) is amended by this Regulation.

2   Section 19 is amended by striking out "September 1, 2012" 
and substituting "September 1, 2014".


--------------------------------
Alberta Regulation 142/2012
Public Health Act
PERSONAL SERVICES AMENDMENT REGULATION
Filed: August 2, 2012
For information only:   Made by the Minister of Health (M.O. 39/2012) on July 27, 
2012 pursuant to section 66(2)(h) of the Public Health Act. 
1   The Personal Services Regulation (AR 20/2003) is 
amended by this Regulation.

2   Section 10 is amended by striking out "September 30, 2012" 
and substituting "September 30, 2014".


--------------------------------
Alberta Regulation 143/2012
Traffic Safety Act
VEHICLE EQUIPMENT AMENDMENT REGULATION
Filed: August 8, 2012
For information only:   Made by the Minister of Transportation (M.O. 21/12) on July 
6, 2012 pursuant to section 81 of the Traffic Safety Act. 
1   The Vehicle Equipment Regulation (AR 122/2009) is 
amended by this Regulation.

2   Section 108 is amended 
	(a)	in subsection (1) by striking out "(3)" and 
substituting "(2)";
	(b)	by repealing subsection (2) and substituting the 
following:
(2)  The following are adopted and apply to safety helmets in 
accordance with subsection (1):
	(a)	CSA Standard CAN3-D230-M85, Protective Headgear 
in Motor Vehicle Applications; 
	(b)	Standard No. 218; Motorcycle helmets under Part 
571.218 of the Code of Federal Regulations (United 
States), Title 49; 
	(c)	British Standards Institution Standard BS 6658: 1985, 
Specification for protective helmets for vehicle users;
	(d)	Snell Memorial Foundation 2000 Standard For 
Protective Headgear, For Use with Motorcycles and 
Other Motorized Vehicles; 
	(e)	Snell Memorial Foundation 2005 Standard For 
Protective Headgear, For Use with Motorcycles and 
Other Motorized Vehicles;  
	(f)	Snell Memorial Foundation 2010 Standard For 
Protective Headgear, For Use with Motorcycles and 
Other Motorized Vehicles; 
	(g)	United Nations Economic Commission for Europe 
Regulation 22-05, Uniform provisions concerning the 
approval of protective helmets and their visors for 
drivers and passengers of motorcycles and mopeds.
	(c)	in subsection (3)
	(i)	by striking out "CSA, DOT or BSI or the mark or 
label";
	(ii)	by striking out "subsection 2(e)" and substituting 
"subsection (2)".


--------------------------------
Alberta Regulation 144/2012
Traffic Safety Act
SERVICE RESTRICTION AMENDMENT REGULATION
Filed: August 8, 2012
For information only:   Made by the Minister of Transportation (M.O. 15/12) on July 
25, 2012 pursuant to section 64 of the Traffic Safety Act. 
1   The Service Restriction Regulation (AR 321/2002) is 
amended by this Regulation.

2   Section 3 is amended by striking out "September 30, 2012" 
and substituting "September 30, 2019".