THE ALBERTA GAZETTE, PART II, APRIL 15, Alberta Regulation 18/2010. Emblems of Alberta Act OFFICIAL EMBLEMS AMENDMENT REGULATION

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1 Alberta Regulation 18/2010 Emblems of Alberta Act OFFICIAL EMBLEMS AMENDMENT REGULATION Filed: March 18, 2010 For information only: Made by the Minister of Culture and Community Spirit (M.O. 02/10 CCS) on March 8, 2010 pursuant to section 125 of the Emblems of Alberta Act. 1 The Official Emblems Regulation (AR 86/99) is amended by this Regulation. 2 The title is amended by adding (Ministerial) after Emblems. 3 Section 4 is amended by striking out March 31, 2010 and substituting March 31, Alberta Regulation 19/2010 Weed Control Act WEED CONTROL REGULATION Filed: March 18, 2010 For information only: Made by the Minister of Agriculture and Rural Development (M.O. 2/2010) on March 9, 2010 pursuant to section 30 of the Weed Control Act. Table of Contents 1 Definitions Part 1 Seed-cleaning Facility Licences and Notice to Move a Seed-cleaning Facility 2 Application for licence 3 Licence issue 4 Contraventions 5 Expiry 6 Transfer of licence 7 Movement of seed-cleaning facility

2 AR 19/2010 WEED CONTROL Part 2 Designation of Weeds 8 Schedule of designations 9 Municipal designations Part 3 Appeal of Inspector s Notice, Local Authority s Notice or Debt Recovery Notice 10 Application 11 Delivery of notice 12 Notice requirements 13 Determination of appeal 14 Appeal review request 15 Refund of fee Part 4 Other Matters 16 Transitional 17 Repeals 18 Expiry 19 Coming into force Schedule Definitions 1 In this Regulation, (a) Act means the Weed Control Act; (b) authorized person means a person authorized by the Minister; (c) licence means a licence to operate a seed-cleaning facility or to provide a seed-cleaning facility for rent or lease. Part 1 Seed-cleaning Facility Licences and Notice to Move a Seed-cleaning Facility Application for licence 2(1) An applicant for a licence shall contact the chief administrative officer of the municipality in which the seed-cleaning facility is located

3 AR 19/2010 WEED CONTROL (2) On receipt of the application, the chief administrative officer shall request an inspector to inspect the facility for the purposes of issuing the licence. Licence issue 3(1) On completion of a satisfactory inspection, the inspector may issue or renew a licence to the applicant in the form required by the Minister. (2) An inspection will be considered to be satisfactory if the inspector (a) completes the inspection in the form and manner required by the Minister, and (b) gives the applicant a rating of 80% or more. Contraventions 4(1) If an inspector considers that an applicant or licence holder has contravened a provision of the Act or this Regulation, the inspector may report that contravention to an authorized person. (2) The inspector shall give written notice to the applicant or licence holder of having made the report. (3) The notice must (a) be given no later than 7 days after making the report, and (b) advise the applicant or licence holder of the right to make submissions to the authorized person within 14 days after having been given the notice. (4) The notice may be delivered to the last known address for the applicant or licence holder as recorded in the licence or licence application records of the chief administrative officer of the municipality where the facility is located. (5) Fifteen or more days after the applicant or licence holder receives the notice with respect to a contravention of the Act or this Regulation, an authorized person may suspend, cancel or refuse to issue or renew a licence. (6) An applicant or licensee may appeal a decision of an authorized person under subsection (5) to the Minister. Expiry 5 A licence expires one year after its date of issue

4 AR 19/2010 WEED CONTROL Transfer of licence 6(1) A licence is not transferrable. (2) If a licence holder purports to transfer a licence, the licence is void. Movement of seed-cleaning facility 7(1) If a seed-cleaning facility is to be moved into a municipality, the owner or operator of the seed-cleaning facility shall notify an inspector in that municipality at least 24 hours before the seed-cleaning facility is moved into the municipality. (2) An inspector may waive the 24-hour notice requirement. Part 2 Designation of Weeds Schedule of designations 8 Subject to section 9(6), the plants set out in the Schedule are designated as noxious weeds or prohibited noxious weeds in accordance with the Schedule. Municipal designations 9(1) The local authority of a municipality may designate a plant as a noxious weed or a prohibited noxious weed within the municipality by bylaw. (2) If the plant is designated as a noxious weed within a municipality by the Schedule, the local authority may designate it as a noxious weed or a prohibited noxious weed. (3) If the plant is designated as a prohibited noxious weed within a municipality by the Schedule, the local authority may only designate it as a prohibited noxious weed. (4) A designation under this section is not effective unless it is approved by the Minister. (5) The plants set out in a bylaw of a municipality are designated as noxious weeds or prohibited noxious weeds within that municipality in accordance with the bylaw. (6) A designation as a prohibited noxious weed under this section prevails over a designation as a noxious weed under section

5 AR 19/2010 WEED CONTROL Part 3 Appeal of Inspector s Notice, Local Authority s Notice or Debt Recovery Notice Application 10 This Part sets out the requirements that apply to an appeal of an inspector s notice, local authority s notice or debt recovery notice under section 19(2) of the Act. Delivery of notice 11(1) The appellant shall provide notice of the appeal to the chief administrative officer of the municipality in which the land subject to the notice is located. (2) The notice of appeal must be delivered personally or sent by certified or registered mail within the time specified in the notice for doing the thing required by the notice or 10 days, whichever is less. Notice requirements 12 The notice of appeal must be in writing and include (a) the name and address of the appellant, (b) a copy of the notice in respect of which the appeal is being taken, (c) the legal description of the land affected, (d) the grounds for appeal, and (e) a $500 appeal fee. Determination of appeal 13(1) The appeal panel shall hear and determine the appeal within 5 days of receipt of the notice of appeal by the chief administrative officer. (2) The appeal panel may confirm, rescind or vary the notice. (3) The chief administrative officer shall send a copy of the decision together with the written reasons, if any, to the appellant by certified or registered mail

6 AR 19/2010 WEED CONTROL Appeal review request 14 A request to review a decision of the appeal panel under section 20 of the Act must be made to the Minister within 3 days of the appellant receiving the appeal decision. Refund of fee 15(1) If the appellant is successful in an appeal or review, the $500 appeal fee will be refunded to the appellant. (2) If the appellant is partially successful in an appeal or review, the $500 appeal fee may be refunded in whole or in part at the sole discretion of the appeal panel or the Minister, as the case may be. Part 4 Other Matters Transitional 16(1) A municipal bylaw made under the Weed Control Act, RSA 2000 cw-5, is continued under this Regulation. (2) For a period of six months after the coming into force of this Regulation, a municipal bylaw made under the Weed Control Act, RSA 2000 cw-5, (a) is to be read as if a designation of a plant as a restricted weed is a designation as a prohibited noxious weed, and (b) despite section 9(4), may be amended without the approval of the Minister to the extent the amendment is (i) amending a designation of a plant as a restricted weed to a designation as a prohibited noxious weed, or (ii) repealing a designation of a plant as a nuisance weed. (3) A licence under the Seed Cleaning Plant Regulation (AR 15/2003) is continued under this Regulation. Repeals 17 The following regulations are repealed: (a) the Weed Regulation (AR 171/2001); (b) the Seed Cleaning Plant Regulation (AR 15/2003)

7 AR 19/2010 WEED CONTROL Expiry 18 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 August 1, Coming into force 19 This Regulation comes into force on the coming into force of the Weed Control Act, SA 2008 cw-5.1 Schedule 1 The following plants are designated as prohibited noxious weeds in Alberta: autumn olive Elaeagnus umbellata Thunb. balsam, Himalayan Impatiens glandulifera Royle barberry, common Berberis vulgaris L. bartsia, red Odontites vernus (Bellardi) Dumort buckthorn, common Rhamnus cathartica L. cinquefoil, sulphur Potentilla recta L. crupina, common Crupina vulgaris Pers. ex Cass. dyer s woad Isatis tinctoria L. Eurasian water milfoil Myriophyllum spicatum L. flowering rush Butomus umbellatus L. garlic mustard Alliaria petiolata (M. Bieb.) Cavara & Grande goatgrass, jointed Aegilops cylindrica Host hawkweed, meadow Hieracium caespitosum Dumort. hawkweed, mouse-ear Hieracium pilosella L. hawkweed, orange Hieracium aurantiacum L. hoary alyssum Berteroa incana (L.) DC. hogweed, giant Heracleum mantegazzianum Sommier & Levier iris, pale yellow Iris pseudacorus L. knapweed, bighead Centaurea macrocephala Puschk. ex Willd. knapweed, black Centaurea nigra L. knapweed, brown Centaurea jacea L. knapweed, diffuse Centaurea diffusa Lam. knapweed, hybrid Centaurea psammogena Gáyer knapweed, meadow Centaurea moncktonii C. E. Britton knapweed, Russian Rhaponticum repens (L.) Hidalgo knapweed, spotted Centaurea stoebe L. ssp. micranthos (Gugler) Hayek knapweed, squarrose Centaurea virgata Lam. ssp. squarrosa (Willd.) Gugler knapweed, Tyrol Centaurea nigrescens Willd. knotweed, giant Fallopia sachalinensis (F. Schmidt Petrop.) Ronse Decr

8 AR 19/2010 WEED CONTROL knotweed, hybrid Japanese Fallopia bohemica (Chrtek & Chrtková) J. P. Bailey knotweed, Japanese Fallopia japonica (Houtt.) Ronse Decr. loosestrife, purple Lythrum salicaria L. medusahead Taeniatherum caput-medusae (L.) Nevski nutsedge, yellow Cyperus esculentus L. puncturevine Tribulus terrestris L. ragwort, tansy Jacobaea vulgaris Gaertn. rush skeletonweed Chondrilla juncea L. saltcedar Tamarix ramosissima Ledeb. saltlover Halogeton glomeratus (M. Bieb.) C.A. Mey. St John s-wort, common Hypericum perforatum L. starthistle, yellow Centaurea solstitialis L. tamarisk, Chinese Tamarix chinensis Lour. tamarisk, smallflower Tamarix parviflora DC. thistle, marsh Cirsium palustre (L.) Scop. thistle, nodding Carduus nutans L. thistle, plumeless Carduus acanthoides L. 2 The following plants are designated as noxious weeds in Alberta: baby s-breath, common Gypsophila paniculata L. bellflower, creeping Campanula rapunculoides L. bindweed, field Convolvulus arvensis L. blueweed Echium vulgare L. brome, downy Bromus tectorum L. brome, Japanese Bromus japonicus Thunb. burdock, great Arctium lappa L. burdock, lesser Arctium minus (Hill) Bernh. burdock, woolly Arctium tomentosum Mill. buttercup, tall Ranunculus acris L. chamomile, scentless Tripleurospermum inodorum (L.) Sch. Bip. clematis, yellow Clematis tangutica (Maxim.) Korsh. cockle, white Silene latifolia Poir. ssp. alba (Miller) Greuter & Burdet daisy, oxeye Leucanthemum vulgare Lam. dame s rocket Hesperis matronalis L. henbane, black Hyoscyamus niger L. hoary cress, globe-podded Lepidium appelianum Al-Shehbaz hoary cress, heart-podded Lepidium draba L. hoary cress, lens-podded Lepidium chalepense L. hound s-tongue Cynoglossum officinale L. mullein, common Verbascum thapsus L. pepper-grass, broad-leaved Lepidium latifolium L. scabious, field Knautia arvensis (L.) Coult. sow thistle, perennial Sonchus arvensis L. spurge, leafy Euphorbia esula L. tansy, common Tanacetum vulgare L

9 AR 19/2010 WEED CONTROL thistle, Canada Cirsium arvense (L.) Scop. toadflax, Dalmatian Linaria dalmatica (L.) Mill. toadflax, yellow Linaria vulgaris Mill Alberta Regulation 20/2010 Public Lands Act RECREATIONAL ACCESS AMENDMENT REGULATION Filed: March 19, 2010 For information only: Made jointly by the Lieutenant Governor in Council (O.C. 62/2010) and the Minister of Sustainable Resource Development (M.O. 08/2010) on March 11, 2010 pursuant to sections 9 and 62.1 of the Public Lands Act. 1 The Recreational Access Regulation (AR 228/2003) is amended by this Regulation. 2 Section 25 is amended by striking out March 31, 2010 and substituting March 31, Alberta Regulation 21/2010 Emergency Health Services Act EMERGENCY HEALTH SERVICES (INTERIM) AMENDMENT REGULATION Filed: March 23, 2010 For information only: Made by the Minister of Health and Wellness (M.O. 1/2010) on March 11, 2010 pursuant to sections 48(1)(b), (l) and (s), 48(3) and 49 of the Emergency Health Services Act. 1 The Emergency Health Services (Interim) Regulation (AR 76/2010) is amended by this Regulation. 2 Section 16 is repealed and the following is substituted: Display of the word ambulance 16(1) No motor vehicle shall display the word ambulance unless the motor vehicle is operated by a licensed ambulance operator and it

10 AR 21/2010 EMERGENCY HEALTH SERVICES has been given a unit number by the Registrar under the Licensing and Ambulance Maintenance Regulation (AR 46/99) made under the former Act. (2) Despite subsection (1), the Registrar may, in writing, permit the use of the word ambulance on a motor vehicle that does not meet the requirements referred to in subsection (1). 3 The following is added after section 17: New code 17.1 The Ambulance Vehicle Standards Code January 2010 published by the Department is hereby declared in force. 4 The following is added after section 19: Modification - new standards 19.1 The following is hereby added after section 15 of the Staff, Vehicle and Equipment Regulation (AR 45/99) made under the former Act: New ambulance standards 15.1(1) Effective March 15, 2010, a licensed ambulance operator must ensure that all ambulances used to provide ambulance services that receive a unit number from the Registrar on or after March 15, 2010 meet the Ambulance Vehicle Standards Code January 2010 published by the Department. (2) Despite subsection (1), if the patient compartment of an ambulance that received its unit number from the Registrar before March 15, 2010 is, after that date, mounted on a new chassis and a new unit number is issued by the Registrar, the following shall apply in respect of that ambulance: (a) the Minimum Vehicle Standards for Ambulances set out in the Schedule, but not including section 3(d) to (g); (b) section 16 of the Ambulance Vehicle Standards Code January 2010 published by the Department. Exception 15.2 If the Registrar is of the opinion that it is in the public interest, the Registrar may, subject to any term or condition that the Registrar considers necessary, (a) vary the minimum vehicle standards that apply to an ambulance, or

11 AR 21/2010 EMERGENCY HEALTH SERVICES (b) exempt any ambulance from the application of any standard or condition that may be contained in either (i) the Minimum Vehicle Standards for Ambulances set out in the Schedule, or (ii) the Ambulance Vehicle Standards Code January 2010 published by the Department. Modification - expiry 19.2 Section 21 of the Staff, Vehicle and Equipment Regulation (AR 45/99) made under the former Act is hereby amended by striking out April 30, 2010 and substituting March 31, The following is added after section 20: Modification - expiry 20.1 Section 24 of the Licensing and Ambulance Maintenance Regulation (AR 46/99) made under the former Act is hereby amended by striking out April 30, 2010 and substituting March 31, Alberta Regulation 22/2010 Municipal Government Act MUNI FUNDS INVESTMENT REGULATION Filed: March 23, 2010 For information only: Made by the Minister of Municipal Affairs (M.O. L:007/10) on March 15, 2010 pursuant to section 250(4) of the Municipal Government Act. Table of Contents 1 Definitions 2 Additional investments 3 Rating agencies 4 Ratings 5 Limitations on municipality 6 Consequential 7 Expiry Definitions 1 In this Regulation,

12 AR 22/2010 MUNICIPAL GOVERNMENT (a) Act means the Municipal Government Act; (b) MUNI Funds means the pooled investment funds operated by the Alberta Municipal Services Corporation; (c) municipality means a municipality, other than the City of Calgary or the City of Edmonton; (d) securities has the meaning given to it in section 250(1) of the Act. Additional investments 2 In addition to the investments referred to in section 250(2) of the Act, section 2 of the Investment Regulation (AR 66/2000) and section 2 of the APEX Plus Investment Regulation (AR 210/2006), a municipality may invest its money in the MUNI Funds if the investments held by the MUNI Funds are restricted to the following: (a) the investment described in section 250(2)(a) to (c) of the Act and section 2(1)(a) to (c) of the Investment Regulation (AR 66/2000); (b) securities issued or guaranteed by a credit union or trust corporation established or continued under the laws of Canada or a province other than Alberta; (c) securities of any of the following entities, or of a body that is the equivalent of any of the following entities, established under the laws of Canada or a province other than Alberta: (i) a municipality; (ii) a school division; (iii) a school district; (iv) a hospital district; (v) a regional health authority; (vi) a regional services commission; (d) securities, including securities denominated in foreign currencies, issued or guaranteed by (i) the government of a jurisdiction outside Canada or an agent of that government,

13 AR 22/2010 MUNICIPAL GOVERNMENT (ii) a corporation with its head office located in a jurisdiction outside Canada or an agent of that corporation, or (iii) a bank incorporated in a jurisdiction outside Canada or an agent of that bank if the securities are rated by at least one of the rating agencies listed in section 3 with a rating that is equivalent to the ratings set out in section 4; (e) units in pooled funds of all or any of the investments described in clauses (a) to (d) of this section. Rating agencies 3 The rating agencies referred to in section 2 are the following: (a) Dominion Bond Rating Service Limited; (b) Moody s Investors Service, Inc.; (c) Standard & Poor s Corporation. Ratings 4 The ratings referred to in section 2 are the following: (a) a minimum of R-1 or BBB- for investments with a maturity date that is less than one year after the date the investment is issued; (b) a minimum of BBB- for investments with a maturity date that is one year or more after the date the investment is issued. Limitations on municipality 5 In making investments, the municipality must at all times be governed (a) by the prudent person rule as understood generally by the investment community in Canada and Alberta, and (b) by the investment policy approved by its council. Consequential 6 The Investment Regulation (AR 66/2000) is amended in section 2(1)(a)(ii) by adding or the MUNI Funds Investment Regulation after APEX Plus Investment Regulation

14 AR 22/2010 MUNICIPAL GOVERNMENT Expiry 7 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 November 30, Alberta Regulation 23/2010 Marketing of Agricultural Products Act ALBERTA BEEF PRODUCERS AUTHORIZATION AMENDMENT REGULATION Filed: March 25, 2010 For information only: Made by the Alberta Agricultural Products Marketing Council on March 2, 2010 pursuant to section 26 of the Marketing of Agricultural Products Act and approved by the Minister of Agriculture and Rural Development on March 16, 2010 pursuant to section 26 of the Marketing of Agricultural Products Act. 1 The Alberta Beef Producers Authorization Regulation (AR 352/2003) is amended by this Regulation. 2 Section 1(1)(b) is repealed. 3 Section 2 is amended (a) in clause (b) by striking out marketing and substituting production, marketing or processing ; (b) by adding the following after clause (c): (c.1) providing for the refund of service charges; 4 Sections 3 and 4 are repealed. 5 Section 6 is amended by striking out March 31, 2014 and substituting June 30, This Regulation comes into force on April 1,

15 Alberta Regulation 24/2010 Marketing of Agricultural Products Act ALBERTA BEEF PRODUCERS COMMISSION AMENDMENT REGULATION Filed: March 25, 2010 For information only: Made by the Alberta Beef Producers on March 18, 2010 pursuant to section 26 of the Marketing of Agricultural Products Act and approved by the Agricultural Products Marketing Council on March 22, 2010 pursuant to section 26 of the Marketing of Agricultural Products Act. 1 The Alberta Beef Producers Commission Regulation (AR 204/98) is amended by this Regulation. 2 The following is added after section 2: Variation of service charge 2.1(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 delegates at an annual delegate meeting or a special delegate meeting. 3 Section 5(1) 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) provide to that producer a document that clearly shows (i) the number of cattle sold, (ii) the amount of the service charge that was deducted, (iii) the name, address and telephone number of the purchaser, and (iv) the date of the transaction in respect of which the deduction was made. 4 Section 6(1) 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) provide to that producer a document that clearly shows

16 AR 24/2010 MARKETING OF AGRICULTURAL PRODUCTS (i) the number of cattle sold, (ii) the amount of the service charge that was deducted, (iii) the name, address and telephone number of the dealer, and (iv) the date of the transaction in respect of which the deduction was made. 5 The following is added after section 6: Refund of service charge 6.1(1) Subject to this section, any service charge that is paid by or on behalf of a producer is refundable to that producer on request of that producer. (2) A producer may request a refund of all or a portion of the service charge paid. (3) A request for a refund of a service charge must (a) be in a form approved by the Commission, (b) be sent to the Commission (i) by postmarked mail or courier to the address designated by the Commission for that purpose, or (ii) by fax or to a fax number or address designated by the Commission for that purpose, (c) contain (i) the producer s name, mailing address and telephone number, (ii) the number of cattle in respect of which the service charge is requested to be refunded, (iii) the amount of the service charge that is requested to be refunded, (iv) the date of the transactions for which the service charge is requested to be refunded, (v) if applicable, the name of the purchaser or dealer who deducted the service charge under section 5 or 6, and (vi) any other information required by the Commission,

17 AR 24/2010 MARKETING OF AGRICULTURAL PRODUCTS and (d) be accompanied by such documents as may be required by the Commission to prove to the satisfaction of the Commission that the service charge was (i) paid to the Commission by the producer, or (ii) deducted under section 5(1)(a) or 6(1)(a), and not passed on to another producer for payment. (4) A request for a refund of a service charge must be submitted to the Commission (a) during the month of July in a year in respect of a service charge paid during the months of January to June of that year, or (b) during the month of January in a year in respect of a service charge paid during the months of July to December of the previous year. (5) A producer is not entitled to a refund in respect of a service charge where the request for the refund of the service charge is not submitted to the Commission in accordance with subsections (3) and (4), unless the Commission decides to accept the request under subsection (6). (6) The Commission may decide to accept a request for a refund that is not submitted to the Commission in accordance with subsections (3) and (4) if the Commission is satisfied that extenuating circumstances warrant accepting the request. (7) If the request for a refund meets the requirements of subsections (1), (3) and (4), the Commission must refund the service charge to the producer (a) by October 31 of the year in which the request is submitted in respect of a request submitted in accordance with subsection (4)(a), or (b) by April 30 of the year in which the request is submitted in respect of a request submitted in accordance with subsection (4)(b). (8) If the Commission accepts a request for a refund under subsection (6), the Commission must refund the service charge to the producer within 90 days of accepting the request

18 AR 24/2010 MARKETING OF AGRICULTURAL PRODUCTS Interest 6.2 The Commission may charge interest for any late payment of a service at the rate of 2% per month calculated on the balance due. 6 Section 9 is amended by adding the following after subsection (2): (3) A producer, purchaser or dealer shall, on request, furnish to the Commission, within 7 days after receiving the request, any information or record relating to the sale or feeding and slaughter of cattle that the Commission considers necessary for the purposes of considering or processing a request for a refund of a service charge. 7 The following is added after section 9: Inspection of records 9.1 If the Commission is of the opinion that circumstances warrant it, the Commission may in writing require a producer, purchaser or dealer to produce for the Commission s inspection any information or record in the possession or under the control of the producer, purchaser or dealer that relates to the deduction, remittance and payment of service charges by the producer, purchaser or dealer. 8 Section 10 is amended by renumbering clause (a) as clause (a.1) and adding the following before clause (a.1): (a) is a purchaser, 9 The following is added after section 10: Request for information or report 10.1 A request by the Commission for information or records under section 9 or 9.1 or a report under section 10 (a) must be in writing, and (b) may be sent (i) by postmarked mail or courier to the person s last address shown on the records of the Commission, or (ii) by fax or to the person s last fax number or address shown on the records of the Commission

19 AR 24/2010 MARKETING OF AGRICULTURAL PRODUCTS Determination of date of request, information and report 10.2(1) A refund request is considered to be submitted under section 6.1, information or records are considered to be requested, furnished or produced under section 9 or 9.1 and a report is considered to be requested or completed under section 10 (a) on the day that it is postmarked or delivered, where the request, information, record or report is sent by mail or courier, or (b) on the day that it is sent where the request, information, record or report is sent by fax or . (2) If there is a dispute as to whether the request, information, record or report was sent to the recipient within the time required by this Regulation, the onus is on the person sending the request, information, record or report to prove that it was so sent. 10 Section 13 is amended by striking out March 31, 2014 and substituting June 30, This Regulation comes into force on April 1, Alberta Regulation 25/2010 Government Organization Act AGRICULTURE AND RURAL DEVELOPMENT GRANT AMENDMENT REGULATION Filed: March 26, 2010 For information only: Made by the Lieutenant Governor in Council (O.C. 69/2010) on March 25, 2010 pursuant to section 13 of the Government Organization Act. 1 The Agriculture and Rural Development Grant Regulation (AR 58/98) is amended in section 8 by striking out 2010 and substituting

20 Alberta Regulation 26/2010 Rural Utilities Act RURAL UTILITIES AMENDMENT REGULATION Filed: March 26, 2010 For information only: Made by the Lieutenant Governor in Council (O.C. 70/2010) on March 25, 2010 pursuant to section 55 of the Rural Utilities Act. 1 The Rural Utilities Regulation (AR 151/2000) is amended by this Regulation. 2 Section 12 is repealed and the following is substituted: Loans or guarantees by associations 12 An association may make loans or guarantees to or on behalf of any one of the following: (a) Gas Alberta Inc.; (b) Corridor Communications Inc. 3 Schedule 3 is amended by adding the following after section 4(4): (5) Where a special general meeting has been called under subsection (2), a subsequent special general meeting may not be called within a 24-month period following that special general meeting if the nature of the business to be transacted at the subsequent special general meeting is the same or similar in nature to the business that was transacted at the initial special general meeting Alberta Regulation 27/2010 Forests Act Public Lands Act SUSTAINABLE RESOURCE DEVELOPMENT REGULATIONS AMENDMENT REGULATION Filed: March 26, 2010 For information only: Made by the Lieutenant Governor in Council (O.C. 75/2010) on March 25, 2010 pursuant to section 4 of the Forests Act and sections 8 and 71.1 of the Public Lands Act

21 AR 27/2010 FORESTS; PUBLIC LANDS 1(1) The Castle Special Management Area Forest Land Use Zone Regulation (AR 49/98) is amended by this section. (2) Section 4(4)(b) is amended in clause (b) by striking out Minister and substituting director. 2(1) The Forest Land Use and Management Regulations (AR 197/76) are amended by this section. (2) Section 1(a) is repealed. (3) Sections 3 and 4 are amended by striking out Minister wherever it occurs and substituting director. (4) Section 6 is amended (a) in subsection (1)(b) by striking out Minister or the Director and substituting director ; (b) in subsection (2) by striking out Director and substituting director. (5) Section 8 is amended by striking out Director and substituting director. 3(1) The Forest Recreation Regulation (AR 343/79) is amended by this section. (2) In the following provisions Minister is struck out wherever it occurs and director is substituted: section 10.3; section 11(2); section 15(2); section 15.1(2); section 15.2(4); section 15.3(3); section 15.4(3); section 15.5(4); section 15.6(3); section 15.7(2); section 23. 4(1) The Dispositions and Fees Regulation (AR 54/2000) is amended by this section. (2) Section 1(2) is amended by repealing clause (b)

22 AR 27/2010 FORESTS; PUBLIC LANDS (3) Section 5 is repealed and the following is substituted: Amounts payable under disposition 5 Subject to the Act, regulations and any Ministerial order, the director may prescribe the rent, rates and royalties payable under any disposition. (4) Section 9 is amended (a) in subsection (2) by striking out to the Minister s satisfaction, the Minister may and substituting to the director s satisfaction, the Department may ; (b) in subsection (3) by striking out Minister and substituting Department. (5) Section 10 is repealed and the following is substituted: Additional security 10 Where the director considers it appropriate to do so, the director may at any time require a holder to provide additional security to the Department in the amount and form acceptable to the director. (6) Section 15 is amended (a) by striking out A waiver by the Minister and substituting A waiver by the Minister or director ; (b) by striking out binding on the Minister and substituting binding on the Minister or director, as the case may be,. (7) Section 44(1) is amended (a) by striking out if the Minister authorizes and substituting if the director authorizes ; (b) by striking out compensation from the Minister and substituting compensation from the Crown. (8) Section 50(a) is amended (a) by striking out Minister and substituting director ; (b) by adding, regulations and any other Ministerial order after pursuant to the Act. (9) Section 51(a) is amended by striking out from the Minister under section 20(1)(c) and substituting under section 20(1)(e)

23 AR 27/2010 FORESTS; PUBLIC LANDS (10) Sections 30, 69, 93(4), 101(2), 102(2) and 115(a) are amended by striking out Minister and substituting Department. (11) Sections 71(b), 89(1), 93(3), 104(1), 104(3), 104(5) and 124.8(3) are amended by striking out Minister s and substituting director s. (12) In the following provisions Minister is struck out wherever it occurs and director is substituted: section 2; section 7; section 8; section 9(1) and (2)(b); section 11; section 12; section 13; section 17; section 22; section 24; section 25; section 26; section 27; section 29; section 31; section 33; section 34; section 35; section 36; section 38; section 40; section 41; section 43(2); section 45; section 48; section 52; section 53; section 55; section 56; section 59; section 61; section 65; section 67; section 68; section 71; section 72; section 76; section 78;

24 AR 27/2010 FORESTS; PUBLIC LANDS section 81; section 86; section 89; section 90; section 93(2) and (3); section 94; section 95; section 96; section 97; section 98; section 99; section 100; section 102(1); section 104; section 105; section 108; section 112; section 113; section 114; section 115(b); section 116; section 118; section 119; section 122; section 123; section 124.2; section 124.4; section 124.5; section 124.6; section 124.7; section (1) The Timber Management Regulation (AR 60/73) is amended by this section. (2) Section 2 is amended (a) in item 2, by striking out Minister and substituting director ; (b) by adding the following after item 6: 6.1 Department means the Department administered by the Minister; (3) In the following provisions Minister is struck out wherever it occurs and director is substituted:

25 AR 27/2010 FORESTS; PUBLIC LANDS section 3; section 12; section 14(1) and (2); section 16; section 17; section 18; section 19; section 21; section 31; section 33; section 35; section 36; section 38; section 39(1.1), (2), (3) and (4); section 40(3)(a)(ii); section 40.1; section 44; section 45; section 49; section 51; section 55; section 59; section 60; section 64; section 67(1); section 73; section 74; section 74.1; section 74.2; section 74.3; section 74.4; section 74.7; section 74.8; section 75; section 76.1; section 77; section 78.1; section 81; section 81.1; section 81.3; section 82; section 85; section 87; section 89; section 89.2; section 93; section 95(2); section 97.1; section 97.4;

26 AR 27/2010 FORESTS; PUBLIC LANDS section 97.41; section 97.42; section 97.5; section 98; section 101; section 102; section 103; section 104; section 105; section 106; section 107; section 111; section 112; section 115; section 116.1; section 116.2; section 120; section ; section 122.1; section 141.1(2); section 141.2(1) and (2); section 141.3(3); section 141.4; section 141.5; section 141.6; section ; section 141.7; section 142; section 142.4(5); section 142.5(4); section 142.9; section 143; section 143.1; section 143.2; section 143.3; section 143.4; section 143.6; section 143.7; section 143.9(2); section 144.1; section 144.2(3); section 144.3; section 144.4; section 147; section 153; section 156; section 160; section 161; section 164.1;

27 AR 27/2010 FORESTS; PUBLIC LANDS section 165; section 170. (4) In the following provisions Minister s is struck out wherever it occurs and director s is substituted: section 39(3) section 62; section 76.1; section 91.1; section 92(1) and (2); section 94(4); section 102; section 143.1(1). (5) In the following provisions Minister is struck out wherever it occurs and Department is substituted: section 5; section 11; section 13; section 22; section 28; section 29; section 30(1)(d) and (e) and (2); section 40(1); section 54; section 57; section 74.6; section 142.3; section 142.4(4); section 142.5(1) and (3.2). (6) Section 32 is amended (a) by striking out indebted to the Minister and substituting indebted to the Crown ; (b) by striking out applied by the Minister and substituting applied by the director. (7) Section 34 is amended (a) by striking out the Minister is satisfied and substituting the director is satisfied ; (b) by striking out the Minister may refund and substituting the director may refund ;

28 AR 27/2010 FORESTS; PUBLIC LANDS (c) by striking out indebtedness to the Minister and substituting indebtedness to the Crown. (8) Section 48.1 is amended (a) by striking out specified by the Minister and substituting specified by the director ; (b) by striking out incurred by the Minister and substituting incurred by the Department. (9) Section 72 is amended by striking out Minister and substituting director, subject to the Act, regulations and any Ministerial order,. (10) Section 76 is amended by striking out Minister s and substituting director s or the Minister s, as the case may be,. (11) Section 96(1) is amended (a) by striking out owing to the Minister and substituting owing to the Department ; (b) by striking out unless the Minister agrees and substituting unless the director agrees. (12) Section 115.1(1) is amended (a) by striking out submit to the Minister and substituting submit to the director ; (b) by repealing clause (b)(i), (ii) and (iii) and substituting the following: (i) a forest officer, (ii) the director, (iii) the Minister, or (iv) any other person authorized by the Minister. (13) Section 115.1(2) is amended (a) by striking out submitted to the Minister wherever it occurs and substituting submitted to the Department ; (b) by striking out Minister may disclose and substituting director may disclose ;

29 AR 27/2010 FORESTS; PUBLIC LANDS (c) by striking out extent the Minister considers and substituting extent the director considers. (14) Section is amended by adding or director, as the case may be, after Minister. (15) Sections is amended in subsections (2.2), (4)(a) and (4)(b) by adding or director, as the case may be after directed by the Minister. (16) Section 145 is amended (a) by striking out Minister s opinion and substituting director s opinion ; (b) by striking out pay to the Minister and substituting pay to the Department. (17) Section 151 is amended by striking out Minister and substituting Crown. (18) Section 152 is amended (a) by striking out request of the Minister and substituting request of the director ; (b) by striking out forfeited to the Minister and substituting forfeited to the Crown. (19) Section 154 is amended by striking out on behalf of the Minister and substituting by the Department. (20) Section 164 is amended (a) by striking out The Minister shall and substituting The Department shall ; (b) by striking out his discretionary powers, he may and substituting the discretionary powers of the Department s officials, the Minister or the director, as the case may be, may. (21) Schedule 2 is amended (a) in the column headed Penalty and the row referring to sections 100(1)(e), 111, 148 and 153(2) of the regulation by striking out Minister and substituting director ; (b) in the column headed Penalty and the row referring to sections 141.6(1), and 141.7(1)

30 AR 27/2010 FORESTS; PUBLIC LANDS (i) by striking out Minister and substituting director ; (ii) by striking out Minister s and substituting director s ; (c) by striking out by the Minister as provided and substituting by the Department as provided. (22) Schedule 6 is amended in section 3 by striking out Minister and substituting director. (23) Schedule 7 is amended in section 1(1)(a) by striking out Minister and substituting director. 6 This Regulation comes into force on April 1, Alberta Regulation 28/2010 Public Lands Act UNAUTHORIZED USE OF PUBLIC LAND AND RECOVERY OF PENALTY REGULATION Filed: March 26, 2010 For information only: Made by the Lieutenant Governor in Council (O.C. 76/2010) on March 25, 2010 pursuant to sections 8 and 9 of the Public Lands Act. Table of Contents 1 Definitions 2 Payment for unauthorized use 3 Recovery of penalty 4 Disclosure of information 5 Expiry 6 Coming into force Definitions 1 In this Regulation, (a) Act means the Public Lands Act; (b) director means a person designated by the Minister under section 5 of the Act as a director for the purposes of this Regulation

31 AR 28/2010 PUBLIC LANDS Payment for unauthorized use 2(1) The director may require a person who, without authority, (a) makes use of public land, or (b) as a holder of a disposition or of an authorization under section 20 of the Act makes use of the public land contained in that disposition or authorization for any purpose other than that for which the disposition or authorization was granted to pay a sum of money that the director prescribes in addition to the regular rate prescribed for that use. (2) The sum of money prescribed by the director pursuant to subsection (1) is a debt payable to the Crown on demand by the director. Recovery of penalty 3(1) The director may require a person who (a) contravenes a term or condition of a disposition or of an authorization under section 20 of the Act, (b) contravenes a decision or order made pursuant to regulations under section 9(b.1) or (b.2) of the Act, (c) contravenes section 62.1 of the Act or a regulation under that section, or (d) fails to notify the Department of a transfer, redemption or allotment of shares to which section 114.1(4) of the Act applies to pay to the director a penalty in an amount prescribed by the director, not to exceed $5000. (2) The director shall serve on the person referred to in subsection (1) personally or by ordinary mail, addressed to the person at the person s address according to the records of the Department, a notice demanding payment of the amount of the penalty within 30 days after the date of service of the notice. (3) The notice shall state the grounds on which the penalty was assessed. (4) If the person referred to in subsection (1) fails to pay the amount in accordance with the notice, the director has a cause of action for the recovery of it and, in such an action, the court

32 AR 28/2010 PUBLIC LANDS (a) may make any order it considers just regarding the payment by that person of the amount or any part of it, and (b) may make any other order it considers appropriate, including an order respecting costs. Disclosure of information 4 If a person (a) is required to make payment under section 2 for an unauthorized use of public land, or (b) has been served with a notice under section 3 with respect to a contravention of a disposition or an authorization, the director must disclose to the public the name of the person, the municipality in which the person resides, a description of the unauthorized use or contravention and the amount of the payment or penalty, as the case may be. Expiry 5 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 March 31, Coming into force 6 This Regulation comes into force on April 1, Alberta Regulation 29/2010 Climate Change and Emissions Management Act RENEWABLE FUELS STANDARD REGULATION Filed: March 26, 2010 For information only: Made by the Lieutenant Governor in Council (O.C. 95/2010) on March 25, 2010 pursuant to section 60 of the Climate Change and Emissions Management Act. Table of Contents 1 Interpretation

33 AR 29/2010 CLIMATE CHANGE AND EMISSIONS MANAGEMENT Part 1 Renewable Fuels Standard and Requirements 2 Renewable fuel content of gasoline and diesel 3 Qualifying renewable fuels 4 Validation by a greenhouse gas validator 5 Incorporation of Emissions Standard 6 Notional transfers between fuel suppliers 7 Approved contributors 8 Notional transfers from approved contributors 9 Fund contributions Part 2 Reporting, Records and Greenhouse Gas Validators 10 Fuel supplier compliance report 11 Approved contributor compliance report 12 Renewable fuel provider compliance report 13 Further information, verification and resubmission 14 Retention of records 15 Qualifications of greenhouse gas validators Part 3 Enforcement Administrative Penalties 16 Notice of administrative penalty 17 Administrative penalty assessment 18 Payment of penalty Offences 19 Offences 20 Due diligence Part 4 Transitional, Expiry and Coming into Force 21 Prior volume credit for transitional period 22 Notional transfers of prior volumes for transitional period 23 Fund contributions for transitional period 24 Double volumetric exchange credits for transitional period 25 Expiry Interpretation 1(1) In this Regulation, (a) Act means the Climate Change and Emissions Management Act;

34 AR 29/2010 CLIMATE CHANGE AND EMISSIONS MANAGEMENT (b) approved contributor means a person approved under section 7; (c) aviation fuel means any fuel that has been refined or produced specifically for use in an aircraft; (d) compliance period means (i) the 9-month period commencing April 1, 2011 and ending December 31, 2011, and (ii) effective January 1, 2012, the 12-month period commencing January 1 in a year to December 31 of that year; (e) compliance report means (i) in respect of a fuel supplier, the report required under section 10, (ii) in respect of an approved contributor, the report required under section 11, and (iii) in respect of a renewable fuel provider, the report required under section 12; (f) denaturant means a mixture of hydrocarbons that (i) has an end boiling point of less than 225 degrees Celsius, (ii) is added to a renewable alcohol to make it unsuitable for use as a beverage but not unsuitable for use in gasoline or diesel engines, and (iii) does not in volume exceed 4.76% of the total volume of the renewable fuel when combined with the mixture of hydrocarbons; (g) diesel fuel means diesel that is fit for motive use in Canada, but does not include aviation fuel or qualifying renewable diesel; (h) director means a director appointed under section 2.2 of the Act for the purposes of this Regulation; (i) Emissions Standard means the Renewable Fuels Greenhouse Gas Emissions Eligibility Standard incorporated into and forming part of this Regulation under section 5; (j) fuel supplier means a person who in Alberta

35 AR 29/2010 CLIMATE CHANGE AND EMISSIONS MANAGEMENT (i) manufactures or refines gasoline fuel or diesel fuel, (ii) imports in a year more than litres of gasoline fuel or more than litres of diesel fuel, or (iii) acquires gasoline fuel or diesel fuel through an inter-refiner agreement, and sells it, at wholesale or retail, in Alberta; (k) Fund means the Climate Change and Emissions Management Fund established by the Act; (l) fund contribution means a fund contribution obtained under section 23; (m) gasoline fuel means gasoline that is fit for motive use in Canada, but does not include aviation fuel; (n) greenhouse gas validator means a person who meets the requirements set out in section 15; (o) inter-refiner agreement means an arrangement between refiners for the transfer of gasoline fuel or diesel fuel, and includes purchase and sale and product exchange; (p) locomotive fuel means fuel used to operate a railway locomotive or to provide heat or light to railway cars attached to a railway locomotive; (q) qualifying renewable alcohol means fuel that is qualifying renewable alcohol under section 3(1), and includes (i) any denaturant in the fuel, and (ii) any other additives that account for a total of no more than 1% of the volume of the fuel; (r) qualifying renewable diesel means fuel that is qualifying renewable diesel under section 3(2), and includes any additives that account for a total of no more than 1% of the volume of the fuel; (s) renewable fuel means (i) in relation to gasoline fuel, qualifying renewable alcohol, and (ii) in relation to diesel fuel, qualifying renewable diesel; (t) renewable fuel feedstock types means

36 AR 29/2010 CLIMATE CHANGE AND EMISSIONS MANAGEMENT (i) vegetable or other plant materials, (ii) animal materials or waste, (iii) algae, (iv) fungi, and (v) municipal waste materials, if the materials are received from a facility approved by the Director in accordance with a guideline developed under section 62 of the Act; (u) renewable fuel provider means a person who manufactures or imports renewable fuel (i) for sale in Alberta to a fuel supplier or approved contributor, or (ii) for use in Alberta by a fuel supplier or approved contributor, and includes a fuel supplier or approved contributor that manufactures or imports renewable fuel for that fuel supplier or approved contributor to sell or use in Alberta; (v) renewable-blended diesel means diesel fuel that is blended with qualifying renewable diesel; (w) renewable-blended fuel means (i) aviation fuel or gasoline fuel that is blended with qualifying renewable alcohol, and (ii) aviation fuel or diesel that is blended with qualifying renewable diesel; (x) renewable-blended gasoline means gasoline fuel that is blended with qualifying renewable alcohol; (y) transitional compliance period means the compliance period referred to in clause (d)(i). (2) For the purposes of this Regulation, a volume of fuel is placed in the Alberta market if a fuel supplier or approved contributor (a) refined or blended it in Alberta, (b) imported it into Alberta, or (c) acquired it in Alberta through an inter-refiner agreement,