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Alberta Regulation 175/2017
Environmental Protection and Enhancement Act
EMISSIONS TRADING AMENDMENT REGULATION
Filed: October 5, 2017
For information only:   Made by the Lieutenant Governor in Council (O.C. 305/2017) 
on October 4, 2017 pursuant to sections 37, 122 and 239 of the Environmental 
Protection and Enhancement Act. 
1   The Emissions Trading Regulation (AR 33/2006) is 
amended by this Regulation.

2   Section 53(1)(a)(ii) is repealed and the following is 
substituted:
	(ii)	as a chartered professional accountant under the Chartered 
Professional Accountants Act,

3   Section 59 is amended by striking out "November 30, 2017" 
and substituting "November 30, 2021".


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Alberta Regulation 176/2017
Expropriation Act
EXPROPRIATION ACT RULES OF PROCEDURE AND PRACTICE  
(EXPIRY DATE EXTENSION) AMENDMENT REGULATION
Filed: October 5, 2017
For information only:   Made by the Lieutenant Governor in Council (O.C. 306/2017) 
on October 4, 2017 pursuant to sections 28, 60 and 72 of the Expropriation Act. 
1   The Expropriation Act Rules of Procedure and Practice 
Regulation (AR 187/2001) is amended by this Regulation.

2   Section 20 is amended by striking out "November 30, 2017" 
and substituting "November 30, 2022".



Alberta Regulation 177/2017
Expropriation Act
EXPROPRIATION ACT FORMS (EXPIRY DATE  
EXTENSION) AMENDMENT REGULATION
Filed: October 5, 2017
For information only:   Made by the Lieutenant Governor in Council (O.C. 307/2017) 
on October 4, 2017, pursuant to section 72 of the Expropriation Act. 
1   The Expropriation Act Forms Regulation (AR 188/2001) is 
amended by this Regulation.

2   Section 3 is amended by striking out "November 30, 2017" 
and substituting "November 30, 2022".


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Alberta Regulation 178/2017
Forests Act 
Mines and Minerals Act 
Public Lands Act
METALLIC AND INDUSTRIAL MINERALS EXPLORATION 
AMENDMENT REGULATION
Filed: October 5, 2017
For information only:   Made by the Lieutenant Governor in Council (O.C. 308/2017) 
on October 4, 2017 pursuant to sections 4, 5 and 9 of the Forests Act, Mines and 
Minerals Act and the Public Lands Act, respectively. 
1   The Metallic and Industrial Minerals Exploration 
Regulation (AR 213/98) is amended by this Regulation.

2   Section 46 is repealed.



Alberta Regulation 179/2017
Insurance Act
COMPLAINT RESOLUTION AMENDMENT REGULATION
Filed: October 12, 2017
For information only:   Made by the Lieutenant Governor in Council (O.C. 312/2017) 
on October 11, 2017 pursuant to section 511 of the Insurance Act. 
1   The Complaint Resolution Regulation (AR 259/2004) is 
amended by repealing section 7.


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Alberta Regulation 180/2017
Motor Vehicle Accident Claims Act
MOTOR VEHICLE ACCIDENT CLAIMS AMENDMENT REGULATION
Filed: October 12, 2017
For information only:   Made by the Lieutenant Governor in Council (O.C. 313/2017) 
on October 11, 2017 pursuant to section 25 of the Motor Vehicle Accident Claims 
Act. 
1   The Motor Vehicle Accident Claims Regulation 
(AR 189/98) is amended by this Regulation.

2   Section 9 is repealed.


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Alberta Regulation 181/2017
Condominium Property Act
CONDOMINIUM PROPERTY AMENDMENT REGULATION
Filed: October 12, 2017
For information only:   Made by the Lieutenant Governor in Council (O.C. 316/2017) 
on October 11, 2017 pursuant to section 81 of the Condominium Property Act. 
1   The Condominium Property Regulation (AR 168/2000) is 
amended by this Regulation.

2   Section 1 is amended
	(a)	in subsection (1) by adding the following after 
clause (a):
	(a.1)	"delivery and distribution systems" has the same 
meaning as in section 1(1)(m) of the New Home Buyer 
Protection Act; 
	(a.2)	"plan of redivision" means a condominium plan 
registered pursuant to section 20 of the Act;
	(b)	by adding the following after subsection (1):
(1.1)  For the purposes of section 16.1(1)(b)(ii) of the Act, "as 
built drawing" means a document that
	(a)	shows all substantial changes made in the specifications 
and working drawings during the construction process 
in respect of
	(i)	the delivery and distribution systems to which the 
Safety Codes Act applies, including electrical, gas, 
plumbing, heating, ventilation and air conditioning 
systems, and
	(ii)	any other pipes, wires, cables, chutes or ducts or 
other systems that provide for the passage or 
provision of services,
			and
	(b)	identifies the actual location of the systems referred to 
in clause (a).

3   Section 3(b)(i) is amended by adding ", (l.1)" after "(j), (l)".

4   Section 20 is repealed and the following is substituted:
Directors of corporation
20   The notices required to be filed under sections 10.1 and 28(5) of 
the Act are to be in Form 8.

5   The following is added after section 20:
Part 1.1 
Duties of a Developer
Additional information provided to purchaser
20.01(1)  For the purposes of section 12(1)(m) of the Act, the 
developer shall deliver the following additional information and 
documents to the purchaser:
	(a)	the name and address for service of the developer;
	(b)	if the unit being sold is located on a parcel that is leased land, 
the term, rent and renewal rights of and the parties to the 
lease;
	(c)	the name and address for service of the prescribed trustee, if 
any, who will hold deposits under section 14 of the Act;
	(d)	if the unit being sold, other than a bare land unit, is in a 
development that is not substantially complete, the floor plan 
of the unit including the specifications of the materials to be 
used to finish the unit;
	(e)	if the unit being sold is in a building or on land that is being 
developed in phases in accordance with section 19 of the Act, 
a copy of the phased development disclosure statement 
required under section 35;
	(f)	if the unit being sold is a conversion unit, 
	(i)	a description of the previous use of the building, and
	(ii)	a copy of the reserve fund report for the corporation;
	(g)	a list of any fees, rents or other charges that the corporation is 
required to pay to the developer or a third party for the use of 
any units, proposed units or other real or personal property;
	(h)	where no condominium plan has yet been registered,
	(i)	if the developer has an interest in the land on which the 
condominium plan is to be registered, a copy of
	(A)	the valid certificate of title showing the developer 
as the owner of the land on which the 
condominium plan is to be registered, or
	(B)	the valid registration on title showing the 
developer has an interest in the land on which the 
condominium plan is to be registered, 
			or
	(ii)	if the developer has no registered interest in the land on 
which the condominium plan is to be registered, a 
statement to that effect;
	(i)	where there are bare land units on the parcel, a description of 
any roads, utilities, services or delivery and distribution 
systems that are to be paid for by the corporation or are 
required to be repaired, maintained or replaced by the 
corporation, including, without limitation, water, sewage 
disposal, electricity and natural gas;
	(j)	where there are bare land units on the parcel, a statement as 
to whether the developer will seek redivision of any units in 
accordance with section 20 of the Act;
	(k)	the amount of any occupancy fees the developer will charge 
under section 20.02 prior to contributions being levied at 
regular intervals by the corporation under section 39 of the 
Act;
	(l)	a description of any other fees the developer will charge the 
purchaser.
(2)  For the purposes of section 12(1)(l) and (m) of the Act, the 
developer shall, in respect of a proposed unit contained in a plan of 
redivision or a unit in the second or subsequent phase of a phased 
development, provide a purchaser with estimates of the changes to 
the corporation's expenses that are expected to arise following the 
redivision or substantial completion of the phased development.
(3)  For the purposes of section 12(1)(l) of the Act, if an annual 
budget has been prepared for the fiscal year by the corporation in 
accordance with section 30(4) of the Act, the developer shall deliver 
the annual budget to each purchaser.
(4)  For the purposes of section 12(1)(l) of the Act, if no budget has 
been prepared under section 30(4) of the Act, the developer shall 
deliver a proposed budget to each purchaser.
(5)  The information or documents delivered under section 12(1) of 
the Act must be accompanied with a table of contents clearly 
identifying the documents being delivered.
(6)  Delivery of information or documents referred to in this section 
or section 12(1) of the Act as part of or accompanied with the 
purchase agreement constitutes delivery of the information or 
documents for the purposes of section 12(1) of the Act.
(7)  Nothing in this section or section 12 of the Act precludes the 
provision of information referred to in this section and section 12(1) 
of the Act by electronic means if both the purchaser and developer 
consent to the use of these means.
Fees prior to levy of contributions
20.02(1)  A developer may charge a purchaser occupancy fees for 
the time period after the purchaser takes occupancy of the unit but 
not after the first monthly contribution becomes payable by the 
purchaser under section 39 of the Act.
(2)  The amount of occupancy fees referred to in subsection (1) shall 
not exceed the amount disclosed to the purchaser under section 
20.01(1)(k).
(3)  This section does not apply in respect of payment of rent and 
security deposits as described in section 16 of the Act if the amount 
of the rent or security deposits was agreed to between the developer 
and the purchaser.
Content, delivery of proposed budget
20.03(1)  A proposed budget referred to in section 20.01(4) must 
contain the following information for the 12-month period specified 
in the proposed budget:
	(a)	the projected total revenue of the corporation;
	(b)	the projected total expenses of the corporation;
	(c)	the specific projected expenses, each of which must be listed 
under one of the following categories:
	(i)	maintenance and repairs;
	(ii)	insurance;
	(iii)	utilities;
	(iv)	condominium management services;
	(v)	other contracted services;
	(vi)	the reserve fund study;
	(vii)	other expenses;
	(d)	the projected payments into the reserve fund or a fund 
described in section 23(7);
	(e)	the name and credentials, if any, of the person who prepared 
the proposed budget, and the date on which the proposed 
budget was prepared.
(2)  The person who prepares the proposed budget may include an 
estimate for inflation in respect of projected expenses.
(3)  A proposed budget must provide for a reasonable amount of the 
projected total revenue of the corporation to be deposited in the 
reserve fund or a fund described in section 23(7).
(4)  A proposed budget may be delivered to a purchaser only until a 
budget for the corporation's fiscal year is prepared by the 
corporation under section 30(4) of the Act.
Consequences of underestimated expenses
20.04(1)  If the actual total expenses incurred by the corporation in 
the 12-month period beginning with the first month in which 
contributions are first levied on owners at regular intervals are more 
than 15% above the projected total expenses of the corporation as set 
out in the proposed budget, the corporation shall provide the 
developer with
	(a)	a notice setting out 
	(i)	the actual and projected total expenses, and
	(ii)	the amount of the actual total expenses that is greater 
than 15% above the projected total expenses,
		and
	(b)	a copy of the financial statements and any other documents 
from which the actual and projected total expenses were 
determined.
(2)  For the purposes of this section, the projected total expenses are 
the lowest projected expenses disclosed by the developer to any 
purchaser.
(3)  The corporation shall provide the notice under subsection (1) 
within 90 days after the preparation of the financial statements for 
the 12-month period beginning with the first month in which 
contributions are first levied on owners at regular intervals.
(4)  Subject to subsection (5), within 60 days after receiving a notice 
under subsection (1), the developer shall pay the corporation the 
amount specified in subsection (1)(a)(ii).
(5)  This section does not apply in respect of underestimated 
expenses that result from 
	(a)	an increase in an expense incurred by the corporation as a 
result of terminating an agreement under section 17 or 17.1 
of the Act and entering into a new agreement for the same or 
similar services,
	(b)	an expense that was not reasonably foreseeable at the time 
the proposed budget was prepared,
	(c)	an increase in an insurance premium or insurance deductible 
paid in respect of any policies paid for by the corporation,
	(d)	an increase in utility charges from the market rates at the 
time of the proposed budget,
	(e)	charges for legal services provided to the corporation after 
the meeting convened under section 29 of the Act,
	(f)	an increase in the cost of a reserve fund study, or
	(g)	an increase in inflation, as compared to an estimate of 
inflation included under section 20.03(2).
Material change
20.05(1)  For the purposes of section 13.1 of the Act, "material 
change" means a change or series of changes to a fact or proposal as 
stated in the information or a document provided under section 12 of 
the Act that, on a reasonable basis, would have an adverse effect on 
the value or use of the unit or proposed unit, the common property or 
the real property of the corporation.
(2)  If a material change arises, a purchaser may file an originating 
application with the Court
	(a)	within 60 days of receiving notice from the developer under 
section 13.1(1) of the Act, or
	(b)	if no notice is provided under section 13.1(1) of the Act, 
within 60 days from the date the purchaser became aware or 
reasonably ought to have become aware of the material 
change.
(3)  In any event, an originating application must be filed within 12 
months after the certificate of title to the unit is registered in the 
name of the purchaser.
(4)  The Court may, without limitation, order any relief that it 
considers appropriate in respect of the originating application, 
including 
	(a)	damages,
	(b)	rescission of the purchase agreement, if the certificate of title 
has not yet been issued in the name of the purchaser, or
	(c)	any other direction or order that the Court considers 
appropriate in the circumstances.
(5)  The following do not constitute a material change for the 
purposes of section 13.1 of the Act:
	(a)	a difference, as determined from the corporation's financial 
statements, between the projected expenses in the proposed 
budget and the actual expenses for the 12-month period 
beginning with the first month in which contributions are 
first levied at regular intervals;
	(b)	a difference between the amount of the estimated 
contributions and the actual contributions;
	(c)	a change in a final occupancy date under Part 1.2, provided 
the developer has complied with that Part.
Regulation prevails
20.06   If there is a conflict or inconsistency between this 
Regulation and the purchase agreement, this Regulation prevails to 
the extent of the conflict or inconsistency.
Part 1.2 
Occupancy Date
Definitions
20.07   For the purposes of this Part and section 12(1)(k) of the Act,
	(a)	"final occupancy date" means either
	(i)	the single fixed date by which a developer will make a 
particular unit available for occupancy
	(A)	as set out in the occupancy date statement,
	(B)	as becomes binding on the purchaser under section 
20.09(3),
	(C)	as provided in a written notice of revised final 
occupancy date under section 20.1(2)(b), or
	(D)	as agreed to by a purchaser and developer under 
20.11(1),
			or
	(ii)	the latest date in a range of dates within which the 
developer will make a particular unit available for 
occupancy
	(A)	as set out in the occupancy date statement, or
	(B)	as provided in a written notice of revised final 
occupancy date under section 20.1(2)(b);
	(b)	"occupancy date statement" means a statement, referred to in 
section 12(1)(k) of the Act, that contains the information set 
out in section 20.08(1).
Occupancy date statement
20.08(1)  A developer shall prepare an occupancy date statement in 
respect of a unit, containing either
	(a)	a single fixed date on which the developer will make the unit 
available for occupancy by the purchaser, or
	(b)	a range of dates within which the developer will make the 
unit available for occupancy by the purchaser.
(2)  At the time the purchase agreement is executed, the developer 
shall ensure that the purchaser initials the occupancy date statement 
that was delivered in accordance with section 12(1)(k) of the Act.
(3)  Where a developer has provided an occupancy date statement as 
described in subsection (1)(b) and has subsequently selected a 
specific date on which the unit will be available for occupancy, the 
developer shall provide at least 30 days' written notice to the 
purchaser of the specific date.
Consequences of delay in occupancy
20.09(1)  If the developer does not make a unit available for 
occupancy within 30 days after the final occupancy date in the 
occupancy date statement, the purchaser may, subject to subsection 
(3), rescind the purchase agreement by providing the developer with 
a written notice rescinding the purchase agreement. 
(2)  If a unit is not ready for occupancy within 30 days after the final 
occupancy date in the occupancy date statement, the developer shall 
provide the purchaser with a written notice of a revised final 
occupancy date unless the purchaser has already rescinded the 
purchase agreement.
(3)  A revised final occupancy date referred to in subsection (2) is 
binding on the purchaser 
	(a)	if the purchaser has provided written acceptance of the 
revised final occupancy date, or
	(b)	if the purchaser does not rescind the purchase agreement 
within 10 days after receipt of the notice of the developer's 
revised occupancy date.
(4)  A developer or prescribed trustee, as the case may be, shall 
refund all money paid by the purchaser within 15 days of receipt of 
the purchaser's written notice rescinding the purchase agreement.
Delay for legitimate cause
20.1(1)  Despite sections 20.08 and 20.09, a developer may delay 
occupancy beyond the final occupancy date for a unit, without 
liability for damages and without giving rise to a right of rescission 
by a purchaser under section 20.09, if one of the following events 
causes the unit not to be ready for occupancy by the final occupancy 
date:
	(a)	fire;
	(b)	explosion;
	(c)	flood;
	(d)	events leading to a declaration of an emergency under the 
Emergency Management Act or the Emergencies Act 
(Canada);
	(e)	events leading to a declaration of a public emergency or 
disaster for the purpose of section 7 of the Fiscal Planning 
and Transparency Act;
	(f)	impact by aircraft, spacecraft, watercraft or land vehicles;
	(g)	riot, vandalism or malicious acts;
	(h)	a delay in the issuance of a development permit pursuant to 
the Municipal Government Act that is due to 
	(i)	the failure of the development authority or other 
authority to issue the decision respecting the permit 
within the timelines required by law,
	(ii)	an outstanding appeal, or
	(iii)	an agreement to an extension of the time to make the 
decision respecting the permit;
	(i)	the issuance of an order under section 20(2), 37(2) or (3) or 
49 of the Historical Resources Act or a notice preceding the 
making of a bylaw by the council of a municipality under 
section 26(2) of the Historical Resources Act.
(2)  If a developer delays occupancy beyond the final occupancy date 
under subsection (1), the developer shall
	(a)	provide the purchaser with written notice of the delay and the 
cause of the delay, as soon as the developer becomes aware, 
and
	(b)	within a reasonable period of time following the beginning of 
the delay, provide the purchaser with written notice of a 
revised final occupancy date that reflects a reasonable length 
of time to remedy the results of the event that caused the 
delay in occupancy.
Agreements, damage claims not precluded
20.11(1)  Nothing in this Part precludes a purchaser and developer 
from agreeing to a final occupancy date different from that set out in 
an occupancy date statement or written notice of revised final 
occupancy date.
(2)  A remedy under this Part does not preclude a purchaser from 
pursuing a claim in damages for the damages caused by the delay in 
occupancy.

6   The following is added before Part 2:
Part 1.3 
Documents Provided to 
Elected Board
Documents provided to elected board
20.2   For the purposes of section 16.1 of the Act, the developer or 
the interim board, as the case may be, shall provide the following 
additional documents to a board elected under section 29 of the Act:
	(a)	copies of all plans, documents and amended documents that 
are required to be prepared under the Safety Codes Act in 
respect of buildings on the parcel;
	(b)	a copy of all outstanding orders made pursuant to the Safety 
Codes Act, Municipal Government Act or the New Home 
Buyer Protection Act in respect of the parcel or any buildings 
on the parcel;
	(c)	a copy of the condominium plan and any plan of redivision;
	(d)	copies of all manuals, schematic drawings, operating 
instructions, service guides, manufacturers' documentation, 
records of service and repairs and other similar information 
or documentation in the possession or control of the 
developer or interim board respecting the construction, 
installation, operation, maintenance, repair and servicing of 
any common property or real or personal property of the 
corporation;
	(e)	a document setting out a list of the members of the interim 
board;
	(f)	a document setting out
	(i)	the following information respecting each owner:
	(A)	the name of each owner and their corresponding 
unit numbers, as they appear on the condominium 
plan;
	(B)	areas of exclusive possession, as referred to in 
section 50 of the Act, assigned to each owner;
	(ii)	the following information respecting each unit:
	(A)	municipal address of the unit;
	(B)	the owner's address as it appears on the certificate 
of title;
	(C)	any additional address for service for the unit's 
owner as provided by the owner to the corporation;
	(D)	unit factors for each unit;
	(g)	a document setting out a list of the names and addresses of all 
mortgagees who have given written notice to the corporation 
under section 26(3) of the Act;
	(h)	a document setting out a list of the names of each tenant that 
the developer or interim board has been informed of, the unit 
number being occupied by the tenant, and the amount of any 
deposit paid by the owner of a rented unit to the corporation 
under section 53 of the Act;
	(i)	a copy of any rules made by the board;
	(j)	a copy of any unsatisfied judgment of a court or another 
decision-maker in proceedings to which the corporation is a 
party;
	(k)	a copy of any legal or other professional advice or opinions 
paid for by the corporation;
	(l)	copies of any proposed budget or annual budget of the 
corporation, any financial statements prepared for the 
corporation's current fiscal year and any financial statements 
in the possession or control of the developer or interim board 
respecting previous fiscal years;
	(m)	copies of all records respecting the account maintained by the 
financial institution holding the reserve fund, operating funds 
or any other funds of the corporation;
	(n)	copies of all tax records of the corporation;
	(o)	a copy of each lease, licence or other instrument granting an 
owner the right to exclusive possession of an area under 
section 50 of the Act;
	(p)	a copy of any restrictive covenant registered against the 
parcel;
	(q)	a copy of all current insurance policies obtained by or on 
behalf of the corporation, and the certificate respecting each 
insurance policy;
	(r)	a copy of all caveats registered against units that are owned 
by the corporation or intended to be transferred to the 
corporation.
Part 1.4 
Payments Held in Trust
Trustee
20.3   For the purposes of section 14 of the Act, a person or 
partnership that meets the following requirements is prescribed as a 
trustee:
	(a)	the person, the professional corporation with which the 
person is associated or the partnership
	(i)	is an active member of the Law Society of Alberta,
	(ii)	is a holder of a permit issued under Part 8 of the Legal 
Profession Act, or
	(iii)	is comprised of partners who are active members of the 
Law Society of Alberta,
		as the case may be;
	(b)	no suspension is in effect under section 63 of the Legal 
Profession Act in respect of 
	(i)	the person, 
	(ii)	the voting shareholder of the professional corporation, 
or
	(iii)	the partners of the partnership, with the result that no 
partner is permitted to operate a trust account,
		as the case may be;
	(c)	the person or partnership is approved to operate a trust 
account, under the rules established by the Law Society of 
Alberta under the Legal Profession Act;
	(d)	the person or each partner of the partnership, as the case may 
be, is in good standing in respect of Assurance Fund 
requirements under section 89(4) of the Legal Profession Act.
Notification by prescribed trustee
20.31(1)  Within 10 days of receiving money to be held in trust 
under section 14 of the Act, a prescribed trustee shall notify the 
purchaser, at the purchaser's address for service, that the purchaser's 
deposit is held on deposit in the prescribed trustee's trust account.
(2)  Nothing in this Regulation precludes a purchaser, with the 
developer's agreement, from retaining a prescribed trustee to hold a 
purchaser's deposit.
(3)  A prescribed trustee retained under subsection (2) shall, within 
10 days after depositing a purchaser's deposit into the prescribed 
trustee's trust account, notify the developer of the deposit.
Release of trust money
20.32(1)  A prescribed trustee shall not release money that is held in 
trust under section 14 of the Act except in accordance with this 
section.
(2)  A prescribed trustee may release money held in trust to a 
developer where
	(a)	the money is applied to the purchase price as part of the 
process of transferring title to the unit for which the deposit 
money was paid,
	(b)	the money is secured by a purchaser's protection program, as 
defined in Part 7, that has been approved by the Minister 
under section 14(10) of the Act, or
	(c)	the developer is entitled under section 14(12) of the Act to a 
reduction in the money held in trust equal to security 
provided under an enactment referred to in section 14(12) of 
the Act.
(3)  Despite subsection (2),
	(a)	a prescribed trustee shall not pay money held in trust under 
section 14 of the Act to a developer until after the expiry of 
the time period set out in section 13(1) of the Act, and
	(b)	where the certificate of title to the unit is issued in the name 
of the purchaser and the unit or the common property is not 
substantially complete, the prescribed trustee may release 
money held in trust to a developer only after a cost consultant 
provides a written opinion that the unit or the common 
property, as the case may be, is substantially complete.
(4)  A prescribed trustee may release money held in trust to a 
purchaser where the purchase agreement is terminated after
	(a)	the purchaser exercises a right of rescission under the Act or 
this Regulation,
	(b)	a condition imposed by the purchaser or developer has not 
been removed or satisfied within the time allowed by the 
purchase agreement, or
	(c)	the developer exercises a right of termination under the 
purchase agreement.
(5)  A prescribed trustee may release money held in trust 
	(a)	where the parties have mutually agreed to the release,
	(b)	in accordance with a decision issued by a court ordering the 
payment of the money,
	(c)	where the money is required or permitted to be paid into 
Court, or
	(d)	subject to subsection (6), to one of the parties, where the 
other party has breached the purchase agreement in a way 
that results in a contractual right to treat the agreement as 
ended.
(6)  A prescribed trustee may release money under subsection (5)(d) 
only if the following conditions are met:
	(a)	the party alleging the breach serves a notice of the alleged 
breach on the other party and the prescribed trustee;
	(b)	the party served with the notice of the alleged breach does 
not serve a response on the alleging party and the prescribed 
trustee within 30 days of service of the notice of the alleged 
breach.
(7)  A prescribed trustee may transfer the money held in trust to 
another prescribed trustee.
(8)  A prescribed trustee who makes a transfer under subsection (7) 
shall notify the purchaser and developer of the transfer.
(9)  Where money is paid to a prescribed trustee in error, the 
prescribed trustee may refund the money and, after making the 
refund, is not subject to any other provisions under this section.
Payment of trust money into Court
20.33(1)  A prescribed trustee may pay money held in trust into 
Court in accordance with this Part and the Alberta Rules of Court 
(AR 124/2010).
(2)  Money being paid into Court must be accompanied with an 
affidavit made by the prescribed trustee setting out
	(a)	the circumstances under which the money is paid into Court,
	(b)	the name of every person interested in or entitled to all or 
part of the money, together with their addresses, if known, 
and 
	(c)	the prescribed trustee's address for service of documents.
(3)  The prescribed trustee shall give notice of the payment into 
Court to the developer and the purchaser.
(4)  If a person who is not the developer or the purchaser asserts a 
claim to money held in trust, the prescribed trustee may pay money 
into Court after obtaining the Court's permission to do so.
(5)  If the prescribed trustee pays money into Court under subsection 
(4), the prescribed trustee shall give further notice of the payment 
into Court as directed by the Court.
Trust account records
20.34(1)  For the purposes of section 14(7.1) of the Act, a 
prescribed trustee shall keep a complete and accurate financial 
record of the following information respecting the account for each 
purchaser:
	(a)	the name of the purchaser;
	(b)	the amount of each deposit made into trust;
	(c)	the date of each deposit;
	(d)	the total amount of money currently held in trust;
	(e)	the amount of interest earned on money held in trust;
	(f)	a description of each disbursement made from money 
received or held in trust.
(2)  For the purposes of the Act, a trustee shall keep the records 
required under subsection (1) 
	(a)	for the entire time that the purchaser's deposit money is in 
the trust account, and
	(b)	where all of the money is paid out of the account, for at least 
5 years from the date on which money is last paid out of the 
trust account.
(3)  Nothing in this Regulation precludes
	(a)	a prescribed trustee from requiring information be provided 
by a purchaser or a developer for the purposes of determining 
compliance with an enactment of Alberta or Canada,
	(b)	a prescribed trustee from refusing to accept money for 
deposit, or
	(c)	a custodian under the Legal Profession Act from assuming 
responsibilities of a prescribed trustee in accordance with an 
order under that Act.
Part 1.5 
Termination of Agreements
Agreements that cannot be terminated
20.4   For the purposes of section 17.1 of the Act, the following 
agreements cannot be terminated by the corporation:
	(a)	easements;
	(b)	restrictive covenants;
	(c)	exclusive possession agreements entered pursuant to a bylaw;
	(d)	mutual use agreements among corporations;
	(e)	agreements for the provision of electricity or natural gas for a 
term of less than 5 years;
	(f)	agreements respecting an alternative or renewable energy 
system;
	(g)	agreements for the provision of telecommunication services 
or facilities.

7   Section 23(1) is amended by striking out "board" and 
substituting "corporation".

8   Sections 24 and 25 are repealed and the following is 
substituted:
When reserve fund study, report and plan must be prepared
24   The corporation must meet the requirements of section 23(1) to 
(6) no later than 2 years after the date on which the condominium 
plan is registered.
Exemption from reserve fund study, report and plan  
re rental units
25   The corporation is exempted from retaining a qualified person 
to preparing a reserve fund study and from establishing or 
maintaining a reserve fund if
	(a)	the certificate of title to each of the units included in a 
condominium plan is registered in the name of the same 
owner or the same group of owners, and
	(b)	those units are rented or offered for rent to persons as tenants 
who are not purchasers and are not intended to be purchasers.

9   Section 29(1) is amended by striking out "Commencing 
with the fiscal year of a corporation ending after September 1, 2001, a 
board must for each fiscal year prepare an annual report" and 
substituting "The corporation must prepare an annual report for each 
fiscal year".

10   Section 31.1 is amended by striking out "section 43(1)" 
and substituting "section 43".

11   Section 43 is amended by striking out "sections 12 and 13" 
and substituting "section 12".

12   The following is added after section 45:
Part 3.1 
Conversions
Interpretation
45.1   In this Part, "deficiency" includes damage and defect.
Conduct of building inspection, survey
45.2(1)  A person engaged to prepare a building assessment report 
in respect of a building in a conversion shall, prior to the preparation 
of the building assessment report,
	(a)	conduct a non-invasive inspection of the real property of the 
corporation, the common property and managed property in 
the building, and
	(b)	conduct a survey of occupants, if any, of the building, 
respecting any observed deficiencies in the building.
(2)  A person engaged to prepare a building assessment report may
	(a)	retain the services of any expert or professional that the 
person considers necessary for the purposes of conducting an 
inspection and preparing a report, or
	(b)	require any person to provide drawings, specifications or 
information that may reasonably be relevant to the inspection 
that are in the possession or control of the person.
Content of building assessment reports for conversions
45.3(1)  A building assessment report in respect of a conversion 
must contain the following for each building that contains units:
	(a)	the identification of any deficiencies in respect of
	(i)	each delivery and distribution system in the building,
	(ii)	any mechanical system in the building,
	(iii)	the building envelope, as defined in section 1(1)(g) of 
the New Home Buyer Protection Act, including
	(A)	the roofing and sub-roof installation, including 
water and vapour control systems, insulation and 
venting for attic space and soffits,
	(B)	cladding components,
	(C)	balcony membranes and sealants, and
	(D)	parkade membranes and sealants that are 
accessible for non-invasive visual inspection,
	(iv)	the water drainage system around the building, 
including
	(A)	eavestroughing, and
	(B)	grade and landscaping drainage courses,
			and
	(v)	the load-bearing parts in the building as the building 
was built;
	(b)	a report on the results of the survey of occupants conducted 
under section 45.2(1).
(2)  A building assessment report may
	(a)	indicate limitations of the inspection,
	(b)	include disclaimers about the information contained in the 
report, and
	(c)	provide recommendations respecting further investigations 
that are considered appropriate.
(3)  A building assessment report must be prepared not earlier than 
180 days before the first unit in the building is offered for sale.
Summaries respecting deficiencies in conversions
45.4   The person engaged under section 21.1(2) of the Act to 
prepare the building assessment report shall prepare and deliver to 
the developer
	(a)	the building assessment report, and
	(b)	a summary of the deficiencies referred to in section 45.3(1) 
that were identified in the building assessment report.

13   Section 49 is amended by adding the following after 
clause (d):
	(d.1)	a description of the proposed managed property, if any, as 
provided for under the proposed bylaws;

14   Section 52 is amended by striking out "interim board" 
wherever it occurs and substituting "temporary board".

15   The following is added after section 73:
Part 8.1 
Administrative Penalties, Service
Notice of administrative penalty
73.1   A notice of administrative penalty must be given in writing 
and must contain the following information:
	(a)	the name of the person to whom the administrative penalty is 
issued;
	(b)	identification of the provision of the Act or regulation that 
was contravened or not complied with;
	(c)	a description of the contravention or failure to comply 
identified under clause (b);
	(d)	the amount of the administrative penalty;
	(e)	the time period within which the administrative penalty must 
be paid;
	(f)	a statement describing
	(i)	the right to appeal to the Minister under section 78.5 of 
the Act,
	(ii)	the particulars of how an appeal is to be made, and 
	(iii)	the time in which an appeal is to be made.
Time of payment of administrative penalty
73.2   The person to whom an administrative penalty is issued shall 
pay the penalty 
	(a)	within 30 days after receipt of the notice of administrative 
penalty, or
	(b)	within the time period specified in the notice of 
administrative penalty, 
whichever is later.
Service of Director's orders, notices
73.3(1)  A Director's order issued, reconsidered or varied under the 
Act and a notice of administrative penalty or other written notice or 
document required by the Act to be issued or sent by the Director 
must be served
	(a)	in the case of an individual,
	(i)	by personal service,
	(ii)	by leaving it for the individual with a person apparently 
at least 16 years of age at the individual's current or 
most usual dwelling place,
	(iii)	by sending it by recorded mail to 
	(A)	the individual's last known address, or
	(B)	the most recent address provided by the individual 
to the Director, 
			or
	(iv)	by sending it by facsimile or other form of electronic 
transmission to the individual's last known facsimile 
number or electronic address, if there is a record of so 
sending it,
		and
	(b)	in the case of a corporation,
	(i)	by leaving it with a director, manager or officer of the 
corporation, or the president, chairperson or other head 
officer, by whatever name that person is known, of the 
corporation,
	(ii)	by leaving it at the corporation's registered office,
	(iii)	by sending it by recorded mail to 
	(A)	an address for the corporation listed in a purchase 
agreement, or
	(B)	the corporation's registered office,
	(iv)	in the case of an extraprovincial corporation, by leaving 
it with, at the address of, or by sending it by recorded 
mail to the address of
	(A)	the corporation's attorney for service appointed as 
required by the Business Corporations Act,
	(B)	an address in Alberta for the corporation listed in a 
purchase agreement, or
	(C)	the corporation's principal place of business in 
Alberta, 
			or
	(v)	by sending it by facsimile or other form of electronic 
transmission to the corporation's last known facsimile 
number or electronic address, if there is a record of so 
sending it.
(2)  Service is effected under subsection (1)(a)(iv) or (b)(v) when the 
sender obtains or receives confirmation of the successfully 
completed transmission.
(3)  Service by recorded mail is not invalid by reason only that
	(a)	the addressee refuses to take delivery of the mail,
	(b)	the addressee returns the mail, or
	(c)	the addressee no longer resides or is otherwise not present at 
the address and has not provided the postal service with a 
current mailing address.
Part 8.2 
Appeals
Appeal fee
73.4   The fee for an appeal made pursuant to section 78.5 of the 
Act is the lesser of
	(a)	$1000, and
	(b)	half of the amount of the administrative penalty set out in the 
notice of administrative penalty.

16   The following is added after section 78:
Exemptions respecting non-residential units
78.1(1)  Section 20.01(1)(d) does not apply in respect of 
non-residential units.
(2)  Section 21.1 of the Act and Part 3.1 do not apply in respect of a 
conversion in which all units in the registered condominium plan are 
non-residential units.
Offence
78.2(1)  A developer who fails to comply with section 20.09(4) is 
guilty of an offence.
(2)  Where a body corporate is convicted of an offence, the body 
corporate is liable to a fine of not more than the greater of
	(a)	$100 000, and
	(b)	3 times the amount obtained by the body corporate as a result 
of the offence.
(3)  Where an individual is convicted of an offence, the individual is 
liable to a fine of not more than the greater of 
	(a)	$25 000, and
	(b)	3 times the amount obtained by the individual as a result of 
the offence.

17   The following is added before section 80:
Transitional
79.1(1)  In this section,
	(a)	"former" means, in respect of a section of the Act, the section 
as it read immediately before the coming into force of the 
corresponding new section;
	(b)	"new" means, in respect of a section of the Act, the section as 
it reads on the coming into force of the section of the 
Condominium Property Amendment Act, 2014 that amended 
the corresponding former section.
(2)  Where a plan that is presented for registration differs from the 
proposed condominium plan delivered under section 12(1) of the Act 
prior to the coming into force of the new section 8(1)(l.1) of the Act 
and the new section 10(1)(b) of the Act, a difference caused only by 
compliance with the new section 8(1)(l.1) of the Act or the new 
section 10(1)(b) of the Act
	(a)	does not trigger a right of rescission under section 13 of the 
Act, and
	(b)	does not constitute a material change for the purposes of 
section 13.1 of the Act.
(3)  In respect of a condominium plan that is registered before the 
coming into force of section 10.1(1) of the Act, if no interim board 
has been appointed and no board has been elected under section 29 
of the Act, section 10.1(1) of the Act is to be read as if "no later than 
30 days after registration of a condominium plan" were struck out 
and "no later than 90 days after the coming into force of this section" 
were substituted.
(4)  Notwithstanding the repeal of the former sections 12 and 13 of 
the Act, the former sections 12 and 13 of the Act apply in respect of 
a purchase agreement entered into before the coming into force of 
the new section 12, section 12.2, the new section 13, and sections 
13.1 and 13.2 of the Act.
(5)  References in section 14(6.1) and (7.1) of the Act to "prescribed 
trustee" apply only in respect of purchase agreements entered into 90 
days or more after the coming into force of section 14(6.1) and (7.1) 
of the Act.
(6)  Section 16.1 of the Act applies 
	(a)	in respect of a meeting convened under section 29 of the Act 
less than 90 days after section 16.1 of the Act comes into 
force as if "at the meeting" were struck out and "as soon as 
possible after the meeting" were substituted, and
	(b)	in respect of a meeting under section 29 of the Act convened 
90 days or more after section 16.1 of the Act comes into 
force without any modification.
(7)  Section 21.1 of the Act applies in respect of a conversion for 
which a condominium plan was registered before the coming into 
force of section 21.1 of the Act, but only if no purchase agreement 
respecting the purchase of a unit in an arms-length transaction was 
entered into before the coming into force of section 21.1 of the Act.
(8)  The new section 29 of the Act does not apply if, before the 
coming into force of the new section 29 of the Act, a meeting was 
convened in accordance with the former section 29 of the Act.
(9)  The new section 30(1) of the Act is to be read, in respect of a 
condominium plan registered 8 months or more before the coming 
into force of the new section 30(1), as if "no later than 12 months 
after the registration of the condominium plan" were struck out and 
"no later than 120 days after the coming into force of this section" 
were substituted.

18   Schedule 1 is amended in Form 8 
	(a)	in the heading by striking out "Section 28(5)" and 
substituting "Sections 10.1 and 28(5)";
	(b)	by adding "New or" after "Notice of".

19(1)  This Regulation, except for sections 3, 5 and 12 and 
section 17 to the extent that it enacts section 79.1(2) and (4) 
of the Condominium Property Regulation, comes into force 
on the coming into force of the following provisions of the 
Condominium Property Amendment Act, 2014:
	(a)	section 55(a) to the extent that it enacts section 
81(c.1) of the Condominium Property Act;
	(b)	section 55(b) and (c);
	(c)	section 55(d) to the extent that it enacts section 
81(f.1) of the Condominium Property Act;
	(d)	section 55(h),(k) and (l).
(2)  Section 3 of this Regulation and section 17 of this 
Regulation to the extent that it enacts section 79.1(2) of the 
Condominium Property Regulation come into force on the 
coming into force of section 3 of the Condominium 
Property Amendment Act, 2014.
(3)  Sections 5 and 12 of this Regulation and section 17 of 
this Regulation to the extent that it enacts section 79.1(4) of 
the Condominium Property Regulation come into force on 
the coming into force of section 55(a) of the Condominium 
Property Amendment Act, 2014, to the extent that it enacts 
section 81(c.2) to (c.91) of the Condominium Property Act.


--------------------------------
Alberta Regulation 182/2017
Fisheries (Alberta) Act
FISHERIES (MINISTERIAL) AMENDMENT REGULATION
Filed: October 13, 2017
For information only:   Made by the Minister of Environment and Parks 
(M.O. 42/2017) on October 2, 2017 pursuant to section 44 of the Fisheries (Alberta) 
Act. 
1   The Fisheries (Ministerial) Regulation (AR 220/97) is 
amended by this Regulation.

2   Section 2.1 of Schedule 2 is amended by striking out 
"(None prescribed so far)" and substituting the following:
Common Name	Scientific Name
Pacific White Shrimp	Litopenaeus vannamei