Alberta Gazette — 15 February 2019 (Part II)
15 February 2019
Alberta — Gazette
Alberta Regulation 3/2019
Employment Pension Plans Act
EXEMPTION (PUBLIC SECTOR PENSION) REGULATION
Filed: January 22, 2019
For information only: Made by the Lieutenant Governor in Council (O.C. 003/2019)
on January 22, 2019 pursuant to
section 159 of the Employment Pension Plans Act.
Table of Contents
Definitions
2 Division of Regulation
3 EPPA compliance not prohibited
4 Responsibilities of Corporations
5 Payment of pension partner's share of
contributions in marriage breakdown
6 Consequential amendments
7 Coming into force
Schedule 1 - Local Authorities Pension Plan
Schedule 2 - Public Service Pension Plan
Schedule 3 - Special Forces Pension Plan
Definitions
1(1) In this Regulation,
(a) "AIMCo" means the Alberta Investment Management
Corporation;
(b) "APS" means the Alberta Pensions Services Corporation;
(c) "Corporation" means one or more of
(
i) the LAPP Corporation established under
Schedule 1 to
the JGA,
(ii) the PSPP Corporation established under
Schedule 2 to
the JGA, and
(iii) the SFPP Corporation established under
Schedule 3 to
the JGA;
(d) "EPPA" means the Employment Pension Plans Act;
(e) "EPPR" means the Employment Pension Plans Regulation
(AR 154/2014);
(f) "JGA" means the Joint Governance of Public Sector Pension
Plans Act, and includes the applicable
Schedule or Schedules
to the JGA;
(g) "LAPP" means the Local Authorities Pension Plan continued
under
Schedule 1 to the JGA;
(h) "Plan" means one or more of the LAPP, PSPP and SFPP, as
the context requires;
(i) "PSPP" means the Public Service Pension Plan continued
under
Schedule 2 to the JGA;
(j) "SFPP" means the Special Forces Pension Plan continued
under
Schedule 3 to the JGA;
(k) "transition date" means March 1, 2019.
(2) Where a term that is defined in the EPPA or the EPPR is used in
this Regulation, it has that defined meaning for the purposes of this
Regulation except where this Regulation gives it a different meaning.
(3) For greater certainty, subject to the JGA and this Regulation, the
EPPA and the EPPR apply to the Plans.
(4) A reference in the EPPA or the EPPR concerning "compliance
with", a "breach of", or action "in accordance with" or "prohibited by"
the EPPA or the EPPR, or other similar references in respect of the
EPPA or the EPPR, shall be read as being subject to the JGA and this
Regulation.
Division of Regulation
2 Apart from sections 1 to 7, this Regulation is divided into
(
a) Schedule 1, containing provisions relating to the LAPP;
(
b) Schedule 2, containing provisions relating to the PSPP;
(
c) Schedule 3, containing provisions relating to the SFPP.
EPPA compliance not prohibited
3 Without limiting
section 1(3), where a
Schedule to this Regulation
sets out an exemption from the EPPA or the EPPR, with or without
conditions, the Plan to which the
Schedule applies shall be
administered in accordance with either
(
a) the exemption and any condition that applies, or
(
b) the EPPA and the EPPR, despite the exemption and any
condition that applies.
Responsibilities of Corporations
4(1) For the purposes of
section 51(
a) of the EPPA and
section 58(1)
of the EPPR, a Corporation may, as the fundholder of a pension fund,
hold the assets of the pension fund
(
a) in the name of AIMCo as nominee and bare trustee in
accordance with an investment management agreement,
custodial agreement, trust agreement or other agreement
entered into with AIMCo on behalf of the applicable Plan
that clearly indicates that the investment is held for that Plan,
(
b) in the name of the Crown in right of Alberta as nominee and
bare trustee, but only for a period expiring no later than one
year after the transition date, in accordance with an
investment management agreement, custodial agreement,
trust agreement or other agreement entered into with AIMCo
on behalf of the applicable Plan that clearly indicates that the
investment is held for that Plan, or
(
c) in the case of assets held for the purpose of paying benefits
under the EPPA, in the name of the Crown in right of Alberta
as may be intermingled with the assets of other pension plans
administered by the Crown in right of Alberta or by another
Corporation, but only for a period expiring no later than 2
years after the transition date, in accordance with an
agreement or arrangement entered into with the Crown in
right of Alberta.
(2) If a Corporation, as the fundholder of a pension fund, holds any
part or all of the assets of the pension fund in the name of
(
a) AIMCo, or
(
b) the Crown in right of Alberta, including in an account
intermingled with the assets of other pension plans
administered by the Crown in right of Alberta or by another
Corporation,
in accordance with this Regulation and the provisions of an agreement
or arrangement between the Corporation and AIMCo or the Crown in
right of Alberta, as the case may be, the Corporation is deemed to hold
those assets in compliance with its duties and responsibilities as an
administrator and a fundholder under the EPPA.
Payment of pension partner's share of
contributions in marriage breakdown
5 Despite
section 81 of the EPPR, which sets out the conditions
prescribed for the purposes of sections 81 and 83(3) of the EPPA, the
manner in which benefits are to be divided and the distribution of the
non-member pension partner's share for the purpose of
section 81 of
the EPPA, if a member pension partner's pension has not vested, the
non-member pension partner's share of the member pension partner's
contributions may be paid to the non-member pension partner as a
lump sum.
Consequential amendments
6(1) This
section amends the EPPR.
(2) Section 54(2)(
h) is amended by adding ", as it applies in
accordance with
section 72," after "of federal
Schedule III";
(3) Section 72 is amended by adding the following after
subsection (3):
(3.1) When interpreting federal
Schedule III for the purposes of this
section, the phrase "related party" does not include
(
a) the Crown in right of Alberta,
(
b) an agent of the Crown in right of Alberta,
(
c) a corporation that is controlled directly or indirectly by the
Crown in right of Alberta or by an agent of the Crown in
right of Alberta, or
(
d) an entity in which the Crown in right of Alberta or an agent
of the Crown in right of Alberta has a direct or indirect
substantial interest.
Coming into force
7 This Regulation comes into force on March 1, 2019.
Schedule 1
Local Authorities Pension Plan
Part 1
EPPA Exemptions
Permanent exemption without conditions
1 The Plan is exempt from the application of the following provisions
of the EPPA:
section 52(3);
section 56(3) and (5);
section 74(3) and (4);
section 114;
section 127.
Other permanent exemptions
2(1) The Plan is exempt from the application of
section 1(1)(ss)(ii) of
the EPPA on the condition that "pension commencement date" means,
in relation to a surviving pension partner, the earlier of
(
a) the date of the member's death, and
(
b) the last date on which the surviving pension partner is
allowed, under the Income Tax Act (Canada), to start
receiving a pension from a registered pension plan.
(2) The Plan is exempt from the application of
section 1(2) of the
EPPA on the condition that the actuarial present value of benefits that
a person is or may become entitled to receive under a defined benefit
provision of the Plan must be determined in the manner set out in the
plan text document, which must be
(
a) in accordance with either
(
i) the standards of practice issued by the Canadian
Institute of Actuaries, as amended from time to time, or
(ii) the actuarial assumptions used in the current actuarial
valuation report to determine the going concern
liabilities value of the Plan or any simplified actuarial
assumptions that reasonably reflect the actuarial
assumptions used in the current actuarial valuation
report to determine the going concern liabilities value of
the Plan,
and
(
b) on the basis of actuarial assumptions and methods that are
appropriate and in accordance with accepted actuarial
practice.
(3) The Plan is exempt from the application of
section 29(1) of the
EPPA on the condition that an employee of a participating employer
who falls within a class of employees for whom the Plan is maintained
is entitled under the plan text document to become a member of the
Plan if
(
a) the aggregate of the employee's regularly scheduled hours of
work with the participating employer is not less than
30 hours per week, and
(
b) no date or event has been established for the termination of
the employee's employment other than by reference to the
attainment of a mandatory retirement age.
(4) The Plan is exempt from the application of
section 32(1) of the
EPPA as it applies to a member's termination of active membership in
the Plan while the member is employed in Alberta in employment
other than federally regulated employment on the condition that the
plan text document must
(
a) establish a vesting period of the earlier of
(
i) the member attaining 65 years of age while an active
member, or
(ii) the member having completed at least 2 years consisting
of a period or periods indicated in the plan text
document as counting toward vesting,
and
(
b) if the member's pension has not vested at the time of the
member's termination, authorize the member, in relation to
the member's contributions to the Plan up to the date of the
member's termination, to
(
i) receive or transfer from the Plan an amount equal to
those contributions, with interest, or
(ii) transfer an amount from the Plan to another pension
plan as permitted by and in accordance with a pension
transfer agreement.
(5) The Plan is exempt from the application of
section 36(1) of the
EPPA as it applies to the Corporation in respect of
(
a) a participating employer in the Plan on the transition date, or
(
b) a successor employer who becomes a participating employer
in the Plan after the transition date under
section 30 of
Schedule 1 to the JGA.
(6) The Plan is exempt from the application of
section 48 of the EPPA
as it applies in respect of
(
a) a participating employer in the Plan on the transition date, or
(
b) a successor employer who becomes a participating employer
in the Plan after the transition date under
section 30 of
Schedule 1 to the JGA.
(7) The Plan is exempt from the application of
section 67(1) of the
EPPA on the condition that the plan text document must allow a
member to start receiving the member's pension on a reduced basis at
any time upon attaining the age of 55 years provided that the member's
pension has vested and the member has terminated the member's
active membership.
(8) The Plan is exempt from the application of
section 70 of the EPPA
as it applies to contributions made entirely by a member to secure
improvements in, or to purchase, benefits related to past service before
or after the initial legislation date, excluding contributions received by
the Plan on a locked-in basis, on the condition that, on the member's
termination of active membership in the Plan, and provided that the
member's pension has vested and the member has not reached the
member's pension commencement date, the plan text document must
allow the member to
(
a) receive or transfer from the Plan an amount equal to those
contributions, with interest, or
(
b) transfer those contributions, with interest, from the Plan to
another pension plan in accordance with a pension transfer
agreement.
(9) The Plan is exempt from the application of
section 70 of the EPPA
as it applies to any part or all of an amount determined in the same
manner as required under the rules set out in
section 57(2) and (3) of
the EPPA on the condition that, if the plan text document requires the
determination, and allocation or distribution, of the amount or part,
then
(
a) the amount or part must be allocated or distributed in the
same manner as required under the rules set out in
section
57(4) and (6) of the EPPA,
(
b) a provision of the plan text document that has the same effect
section 57(5) of the EPPA applies,
(
c) subject to clause (b), any allocation or distribution of the
amount or
part in the same manner as required under the
rules set out in
section 57(4) of the EPPA must be made on a
date that is the same date as required under
section 71(1) of
the EPPR, and
(
d) any interest calculated on the amount or part must be in
respect of a period that is the same period as required under
section 73(4) of the EPPR.
(10) The Plan is exempt from the application of
section 71(1) of the
EPPA on the condition that the plan text document must provide that a
deferred member or, if the deferred member is deceased, the deferred
member's surviving pension partner, is entitled to receive payment of a
lump sum amount equal to the total of the commuted value of the
benefit to which the deferred member or surviving pension partner is
entitled under the Plan if
(
a) the monthly payments that would or will be or that would
have been payable under a defined benefit provision to the
deferred member or the deceased, as the case may be,
(
i) on reaching the age of 65 years, in the case of a person
who terminated or died, as the case may be, before
reaching that age, or
(ii) at termination or death, as the case may be, in the case
of a person who terminated or died having reached that
age
do not exceed 1/12 of 4% of the Year's Maximum
Pensionable Earnings for the calendar year in which the most
recent determination of the amount of the lump sum
occurred,
(
b) where payment or transfer of the commuted value under
Division 5 or 8 of
Part 8 of the EPPA, as the case may be, is
allowed, the commuted value to which that deferred member
or surviving pension partner is entitled does not exceed 20%
of that Year's Maximum Pensionable Earnings.
(11) The Plan is exempt from the application of
section 74(1)(
a) and
(
b) of the EPPA as it applies to a transfer of the assets of the Plan to
another pension plan if, and to the extent that, the transfer is authorized
under this Regulation.
(12) The Plan is exempt from the application of
section 76(1)(
b) of the
EPPA on the condition that, if the plan text document provides that a
member may elect to have the member's pension payments increased
for the period prescribed in
section 77(1) of the EPPR by an amount
determined by reference to any amounts payable under the CPP Act,
then the plan text document must also provide that such an election
may be made only if
(
a) the election is made on or before the member's pension
commencement date, and
(
b) the monthly pension payments payable to the member after
the increased benefits and any increased benefits elected by
the member in relation to the OAS Act have ceased are not
less than 1/12 of 4% of the Year's Maximum Pensionable
Earnings for the calendar year in which the most recent
determination of the amount of the member's increased
pension payments occurred.
(13) The Plan is exempt from the application of
section 76(3) of the
EPPA on the condition that, if the plan text document provides that a
member may elect to have the member's pension payments increased
for the period prescribed in
section 77(1) of the EPPR by an amount
determined by reference to any amounts payable under the OAS Act,
then the plan text document must also provide that such an election
may be made only if
(
a) the election is made on or before the member's pension
commencement date, and
(
b) the monthly pension payments payable to the member after
the increased benefits and any increased benefits elected by
the member in relation to the CPP Act have ceased are not
less than 1/12 of 4% of the Year's Maximum Pensionable
Earnings for the calendar year in which the most recent
determination of the amount of the member's increased
pension payments occurred.
(14) The Plan is exempt from the application of
section 76(4) of the
EPPA on the condition that, if the plan text document provides for the
reduction of a pension because of a member's entitlement to any
payments under the CPP Act or the OAS Act or both, as the case may
be, the reduction must not exceed the maximum CPP pension or the
maximum OAS pension, or both, as the case may be, as of the
member's pension commencement date.
(15) The Plan is exempt from the application of sections 136(8),
138(5) and 143(4) of the EPPA as they apply to an administrative
penalty, expense or fine, or any portion of an administrative penalty,
expense or fine, imposed on the Corporation, AIMCo or APS.
Temporary exemption without conditions
3 For the period of 2 years commencing on the transition date, the
Plan is exempt from the application of sections 42 and 44 of the EPPA.
Other temporary exemptions
4(1) For the period of 2 years commencing on the transition date, the
Plan is exempt from the application of
section 10(1)(
a) of the EPPA as
it applies to the use of mortality tables in the calculation of the
contributions required to be made by a member to secure
improvements in, or to purchase, benefits related to past service on the
condition that gender distinct mortality tables are used in the
calculations.
(2) For the period of 2 years commencing on the transition date, the
Plan is exempt from the application of
section 10(1)(
b) of the EPPA as
it applies to the use of mortality tables in the calculation of pensions
and benefits on the condition that gender distinct mortality tables are
used in the calculations.
(3) For the period of 5 years commencing on the transition date, the
Plan is exempt from the application of
section 35(7) of the EPPA as it
applies to the role of AIMCo and APS under
section 17(1) and (2) of
Schedule 1 to the JGA.
(4) For the period of 2 years commencing on the transition date, the
Plan is exempt from the application of
section 37(1) of the EPPA on
the condition that the Corporation must continue the statement and
disclosure practices, including with respect to form and timing,
existing immediately before the transition date in respect of the Plan
until the Corporation is able to comply with
section 37(1) of the EPPA
and the corresponding provisions of the EPPR.
(5) For the period of 2 years commencing on the transition date, the
Plan is exempt from the application of
section 37(2) and (4) of the
EPPA to the extent that a person, participating employer or union has
requested access to information or a record that is not available and the
provision of which is subject to the temporary exemption set out in
subsection (4); however, the Corporation must comply with the request
if the person, participating employer or union is entitled to the
information or records under
section 37(1) of the EPPA and the
requested information or record is available.
(6) For the period of one year commencing on the transition date, the
Plan is exempt from the application of
section 43 of the EPPA on the
condition that, during the term of this exemption, the Corporation
continues to use the general policy guidelines concerning the
investment and management of the pension fund that were in place
immediately prior to the transition date.
(7) For the period of 2 years commencing on the transition date, the
Plan is exempt from the application of
section 62(3)(
a) of the EPPA as
it applies to Plan assets held for the purpose of paying benefits under
the EPPA on the condition that such Plan assets are held in an account
in the name of the Crown in right of Alberta, which may be
intermingled with assets of other pension plans administered by the
Crown in right of Alberta or a Corporation.
Part 2
EPPR Exemptions
Permanent exemption without conditions
5 The Plan is exempt from the application of the following provisions
of the EPPR:
section 23;
section 31(4)(c);
section 32(3)(a);
section 34(4)(
c) and (g)(vi);
section 35(4)(f);
section 36(3)(b), (4)(
e) and (5)(c);
section 37(6)(a)(ii)(D);
section 40(5)(d)(vi), (
e) and (g);
section 55(e);
section 62;
section 75(3)(c);
section 90.
Other permanent exemptions
6(1) The Plan is exempt from the application of
section 49(5)(d)(ii) of
the EPPR on the condition that an actuarial valuation report and a cost
certificate must include a calculation of the Plan's solvency deficiency,
if any.
(2) The Plan is exempt from the application of
section 49(7)(
b) of the
EPPR as it applies to a solvency deficiency.
(3) The Plan is exempt from the application of
section 151 of the
EPPR as it applies to the filing fee required upon the registration of the
Plan; however,
section 151 applies in respect of the calculation of the
fee referred to in
section 47(3) of the EPPR.
Temporary exemptions
7(1) For the period of 2 years commencing on the transition date, the
Plan is exempt from the application of
section 9(5) of the EPPR on the
condition that, if the payment or transfer of a benefit under a benefit
formula provision occurs more than 365 days after the date on which
the commuted value of the benefit was determined, the commuted
value of the benefit must be re-determined as at a date that is not more
than 30 days before the date of the payment or transfer of that benefit.
(2) For the period of 2 years commencing on the transition date, the
Plan is exempt from the application of
section 76(4) of the EPPR to the
extent that it requires the use of Form 6 of
Schedule 6 to the EPPR on
the condition that the statement required under this exemption must be
substantially in the form used for the Plan immediately before the
transition date for generally the same purpose as set out in
section
71(6) of the EPPA.
(3) For the period of 2 years commencing on the transition date, the
Plan is exempt from the application of
(a)
section 81(5) of the EPPR, and
(b)
section 83(2) of the EPPR as it applies to the division of a
pension in accordance with
section 81(5)
on the condition that, where a pension has already commenced to be
paid to a member pension partner, the non-member pension partner's
share is to be paid directly to the non-member pension partner in the
form of a pension which, for the purposes of the Plan, is a portion of
the member pension partner's pension and the member pension partner
shall receive the remaining balance of the pension as the member
pension partner's share of the pension.
(4) For the period of 2 years commencing on the transition date, the
Plan is exempt from the application of
section 82(14) of the EPPR on
the condition that, if the non-member pension partner's share is a
benefit determined with reference to a benefit formula provision of the
plan text document, and if the payment or transfer of the non-member
pension partner's share occurs more than 365 days after the date on
which the commuted value of the benefit was determined, the
commuted value of the benefit must be re-determined as at a date that
is not more than 30 days before the date of the payment or transfer of
that benefit.
(5) For the period of 2 years commencing on the transition date, the
Plan is exempt from the application of
section 85 of the EPPR to the
extent that it requires the use of Form 5 of
Schedule 6 to the EPPR on
the condition that the statement required under this exemption must be
substantially in the form used for the Plan immediately before the
transition date for generally the same purpose as set out in
section
89(1)(
b) of the EPPA.
(6) For the period of 2 years commencing on the transition date,
the Plan is exempt from the application of
section 86(1) and (2) of the
EPPR to the extent that it requires the use of Form 4 and Form 9 of
Schedule 6 to the EPPR on the condition that the statements required
under this exemption must be substantially in the form used for the Plan
immediately before the transition date for generally the same purpose as
set out,
(
a) in the case of
section 86(1), in
section 90(4)(
a) of the EPPA,
and
(
b) in the case of
section 86(2), in
section 90(6) of the EPPA.
(7) For the period of 2 years commencing on the transition date, the
Plan is exempt from the application of
section 142(c)(ii) of the EPPR
as it applies to the deceased member's pension partner's signing of a
waiver in Form 5 or Form 9 of
Schedule 6 to the EPPR on the
condition that the waivers signed in respect of the matters referred to in
Form 5 or Form 9, as applicable, must be substantially in the form
used for the Plan immediately before the transition date.
Schedule 2
Public Service Pension Plan
Part 1
EPPA Exemptions
Permanent exemption without conditions
1 The Plan is exempt from the application of the following provisions
of the EPPA:
section 52(3);
section 56(3) and (5);
section 71(3)(a);
section 74(3) and (4);
section 114;
section 127.
Other permanent exemptions
2(1) The Plan is exempt from the application of
section 1(1)(ss)(ii) of
the EPPA on the condition that "pension commencement date" means,
in relation to a surviving pension partner, the earlier of
(
a) the date of the member's death, and
(
b) the last date on which the surviving pension partner is
allowed, under the Income Tax Act (Canada), to start
receiving a pension from a registered pension plan.
(2) The Plan is exempt from the application of
section 1(2) of the
EPPA on the condition that the actuarial present value of benefits that
a person is or may become entitled to receive under a defined benefit
provision of the Plan must be determined in the manner set out in the
plan text document, which must be
(
a) in accordance with either
(
i) the standards of practice issued by the Canadian
Institute of Actuaries, as amended from time to time, or
(ii) the actuarial assumptions used in the current actuarial
valuation report to determine the going concern
liabilities value of the Plan or any simplified actuarial
assumptions that reasonably reflect the actuarial
assumptions used in the current actuarial valuation
report to determine the going concern liabilities value of
the Plan,
and
(
b) on the basis of actuarial assumptions and methods that are
appropriate and in accordance with accepted actuarial
practice.
(3) The Plan is exempt from the application of
section 29(1) of the
EPPA on the condition that an employee of a participating employer
who falls within a class of employees for whom the Plan is maintained
is entitled under the plan text document to become a member of the
Plan if
(
a) the aggregate of the employee's regularly scheduled hours of
work with the participating employer is not less than
30 hours per week, and
(
b) no date or event has been established for the termination of
the employee's employment other than by reference to the
attainment of a mandatory retirement age.
(4) The Plan is exempt from the application of
section 32(1) of the
EPPA as it applies to a member's termination of active membership in
the Plan while the member is employed in Alberta in employment
other than federally regulated employment on the condition that the
plan text document must
(
a) establish a vesting period of the earlier of
(
i) the member attaining 65 years of age while an active
member, or
(ii) the member having completed at least 2 years consisting
of a period or periods indicated in the plan text
document as counting toward vesting,
and
(
b) if the member's pension has not vested at the time of the
member's termination, authorize the member, in relation to
the member's contributions to the Plan up to the date of the
member's termination, to
(
i) receive or transfer from the Plan an amount equal to
those contributions, with interest, or
(ii) transfer an amount from the Plan to another pension
plan as permitted by and in accordance with a pension
transfer agreement.
(5) The Plan is exempt from the application of
section 36(1) of the
EPPA as it applies to the Corporation in respect of
(
a) a participating employer in the Plan on the transition date, or
(
b) a successor employer who becomes a participating employer
in the Plan after the transition date under
section 30 of
Schedule 2 to the JGA.
(6) The Plan is exempt from the application of
section 48 of the EPPA
as it applies in respect of
(
a) a participating employer in the Plan on the transition date, or
(
b) a successor employer who becomes a participating employer
in the Plan after the transition date under
section 30 of
Schedule 2 to the JGA.
(7) The Plan is exempt from the application of
section 67(1) of the
EPPA on the condition that the plan text document must allow a
member to start receiving the member's pension on a reduced basis at
any time upon attaining the age of 55 years provided that the member's
pension has vested and the member has terminated the member's
active membership.
(8) The Plan is exempt from the application of
section 70 of the EPPA
as it applies to contributions made entirely by a member to secure
improvements in, or to purchase, benefits related to past service before
or after the initial legislation date, excluding contributions received by
the Plan on a locked-in basis, on the condition that, on the member's
termination of active membership in the Plan, and provided that the
member's pension has vested and the member has not reached the
member's pension commencement date, the plan text document must
allow the member to
(
a) receive or transfer from the Plan an amount equal to those
contributions, with interest, or
(
b) transfer those contributions, with interest, from the Plan to
another pension plan in accordance with a pension transfer
agreement.
(9) The Plan is exempt from the application of
section 70 of the EPPA
as it applies to any part or all of an amount determined in the same
manner as required under the rules set out in
section 57(2) and (3) of
the EPPA on the condition that, if the plan text document requires the
determination, and allocation or distribution, of the amount or part,
then
(
a) the amount or part must be allocated or distributed in the
same manner as required under the rules set out in
section
57(4) and (6) of the EPPA,
(
b) a provision of the plan text document that has the same effect
section 57(5) of the EPPA applies,
(
c) subject to clause (b), any allocation or distribution of the
amount or
part in the same manner as required under the
rules set out in
section 57(4) of the EPPA must be made on a
date that is the same date as required under
section 71(1) of
the EPPR, and
(
d) any interest calculated on the amount or part must be in
respect of a period that is the same period as required under
section 73(4) of the EPPR.
(10) The Plan is exempt from the application of
section 71(1) of the
EPPA on the condition that the plan text document must provide that a
deferred member or, if the deferred member is deceased, the deferred
member's surviving pension partner, is entitled to receive payment of a
lump sum amount equal to the total of the commuted value of the
benefit to which the deferred member or surviving pension partner is
entitled under the Plan if
(
a) the monthly payments that would or will be or that would
have been payable under a defined benefit provision to the
deferred member or the deceased, as the case may be,
(
i) on reaching the age of 65 years, in the case of a person
who terminated or died, as the case may be, before
reaching that age, or
(ii) at termination or death, as the case may be, in the case
of a person who terminated or died having reached that
age
do not exceed 1/12 of 4% of the Year's Maximum
Pensionable Earnings for the calendar year in which the most
recent determination of the amount of the lump sum
occurred,
(
b) where payment or transfer of the commuted value under
Division 5 or 8 of
Part 8 of the EPPA, as the case may be, is
allowed, the commuted value to which that deferred member
or surviving pension partner is entitled does not exceed 20%
of that Year's Maximum Pensionable Earnings.
(11) The Plan is exempt from the application of
section 74(1)(
a) and
(
b) of the EPPA as it applies to a transfer of the assets of the Plan to
another pension plan if, and to the extent that, the transfer is authorized
under this Regulation.
(12) The Plan is exempt from the application of
section 76(1)(
b) of the
EPPA on the condition that, if the plan text document provides that a
member may elect to have the member's pension payments increased
for the period prescribed in
section 77(1) of the EPPR by an amount
determined by reference to any amounts payable under the CPP Act,
then the plan text document must also provide that such an election
may be made only if
(
a) the election is made on or before the member's pension
commencement date, and
(
b) the monthly pension payments payable to the member after
the increased benefits and any increased benefits elected by
the member in relation to the OAS Act have ceased are not
less than 1/12 of 4% of the Year's Maximum Pensionable
Earnings for the calendar year in which the most recent
determination of the amount of the member's increased
pension payments occurred.
(13) The Plan is exempt from the application of
section 76(3) of the
EPPA on the condition that, if the plan text document provides that a
member may elect to have the member's pension payments increased
for the period prescribed in
section 77(1) of the EPPR by an amount
determined by reference to any amounts payable under the OAS Act,
then the plan text document must also provide that such an election
may be made only if
(
a) the election is made on or before the member's pension
commencement date, and
(
b) the monthly pension payments payable to the member after
the increased benefits and any increased benefits elected by
the member in relation to the CPP Act have ceased are not
less than 1/12 of 4% of the Year's Maximum Pensionable
Earnings for the calendar year in which the most recent
determination of the amount of the member's increased
pension payments occurred.
(14) The Plan is exempt from the application of
section 76(4) of the
EPPA on the condition that, if the plan text document provides for the
reduction of a pension because of a member's entitlement to any
payments under the CPP Act or the OAS Act or both, as the case may
be, the reduction must not exceed the maximum CPP pension or the
maximum OAS pension, or both, as the case may be, as of the
member's pension commencement date.
(15) The Plan is exempt from the application of sections 136(8),
138(5) and 143(4) of the EPPA as they apply to an administrative
penalty, expense or fine, or any portion of an administrative penalty,
expense or fine, imposed on the Corporation, AIMCo or APS.
Temporary exemption without conditions
3 For the period of 2 years commencing on the transition date, the
Plan is exempt from the application of sections 42 and 44 of the EPPA.
Other temporary exemptions
4(1) For the period of 2 years commencing on the transition date, the
Plan is exempt from the application of
section 10(1)(
a) of the EPPA as
it applies to the use of mortality tables in the calculation of the
contributions required to be made by a member to secure
improvements in, or to purchase, benefits related to past service on the
condition that gender distinct mortality tables are used in the
calculations.
(2) For the period of 2 years commencing on the transition date, the
Plan is exempt from the application of
section 10(1)(
b) of the EPPA as
it applies to the use of mortality tables in the calculation of pensions
and benefits on the condition that gender distinct mortality tables are
used in the calculations.
(3) For the period of 5 years commencing on the transition date, the
Plan is exempt from the application of
section 35(7) of the EPPA as it
applies to the role of AIMCo and APS under
section 17(1) and (2) of
Schedule 2 to the JGA.
(4) For the period of 2 years commencing on the transition date, the
Plan is exempt from the application of
section 37(1) of the EPPA on
the condition that the Corporation must continue the statement and
disclosure practices, including with respect to form and timing,
existing immediately before the transition date in respect of the Plan
until the Corporation is able to comply with
section 37(1) of the EPPA
and the corresponding provisions of the EPPR.
(5) For the period of 2 years commencing on the transition date, the
Plan is exempt from the application of
section 37(2) and (4) of the
EPPA to the extent that a person, participating employer or union has
requested access to information or a record that is not available and the
provision of which is subject to the temporary exemption set out in
subsection (4); however, the Corporation must comply with the request
if the person, participating employer or union is entitled to the
information or records under
section 37(1) of the EPPA and the
requested information or record is available.
(6) For the period of one year commencing on the transition date, the
Plan is exempt from the application of
section 43 of the EPPA on the
condition that, during the term of this exemption, the Corporation
continues to use the general policy guidelines concerning the
investment and management of the pension fund that were in place
immediately prior to the transition date.
(7) For the period of 2 years commencing on the transition date, the
Plan is exempt from the application of
section 62(3)(
a) of the EPPA as
it applies to Plan assets held for the purpose of paying benefits under
the EPPA on the condition that such Plan assets are held in an account
in the name of the Crown in right of Alberta, which may be
intermingled with assets of other pension plans administered by the
Crown in right of Alberta or a Corporation.
Part 2
EPPR Exemptions
Permanent exemption without conditions
5 The Plan is exempt from the application of the following provisions
of the EPPR:
section 23;
section 31(4)(c);
section 32(3)(a);
section 34(4)(
c) and (g)(vi);
section 35(4)(f);
section 36(3)(b), (4)(
e) and (5)(c);
section 37(6)(a)(ii)(D);
section 40(5)(d)(vi), (
e) and (g);
section 55(e);
section 62;
section 75(3)(c);
section 90.
Other permanent exemptions
6(1) The Plan is exempt from the application of
section 49(5)(d)(ii) of
the EPPR on the condition that an actuarial valuation report and a cost
certificate must include a calculation of the Plan's solvency deficiency,
if any.
(2) The Plan is exempt from the application of
section 49(7)(
b) of the
EPPR as it applies to a solvency deficiency.
(3) The Plan is exempt from the application of
section 151 of the
EPPR as it applies to the filing fee required upon the registration of the
Plan; however,
section 151 applies in respect of the calculation of the
fee referred to in
section 47(3) of the EPPR.
Temporary exemptions
7(1) For the period of 2 years commencing on the transition date, the
Plan is exempt from the application of
section 9(5) of the EPPR on the
condition that, if the payment or transfer of a benefit under a benefit
formula provision occurs more than 365 days after the date on which
the commuted value of the benefit was determined, the commuted
value of the benefit must be re-determined as at a date that is not more
than 30 days before the date of the payment or transfer of that benefit.
(2) For the period of 2 years commencing on the transition date, the
Plan is exempt from the application of
section 76(4) of the EPPR to the
extent that it requires the use of Form 6 of
Schedule 6 to the EPPR on
the condition that the statement required under this exemption must be
substantially in the form used for the Plan immediately before the
transition date for generally the same purpose as set out in
section
71(6) of the EPPA.
(3) For the period of 2 years commencing on the transition date, the
Plan is exempt from the application of
(a)
section 81(5) of the EPPR, and
(b)
section 83(2) of the EPPR as it applies to the division of a
pension in accordance with
section 81(5)
on the condition that, where a pension has already commenced to be
paid to a member pension partner, the non-member pension partner's
share is to be paid directly to the non-member pension partner in the
form of a pension which, for the purposes of the Plan, is a portion of
the member pension partner's pension and the member pension partner
shall receive the remaining balance of the pension as the member
pension partner's share of the pension.
(4) For the period of 2 years commencing on the transition date, the
Plan is exempt from the application of
section 82(14) of the EPPR on
the condition that, if the non-member pension partner's share is a
benefit determined with reference to a benefit formula provision of the
plan text document, and if the payment or transfer of the non-member
pension partner's share occurs more than 365 days after the date on
which the commuted value of the benefit was determined, the
commuted value of the benefit must be re-determined as at a date that
is not more than 30 days before the date of the payment or transfer of
that benefit.
(5) For the period of 2 years commencing on the transition date, the
Plan is exempt from the application of
section 85 of the EPPR to the
extent that it requires the use of Form 5 of
Schedule 6 to the EPPR on
the condition that the statement required under this exemption must be
substantially in the form used for the Plan immediately before the
transition date for generally the same purpose as set out in
section
89(1)(
b) of the EPPA.
(6) For the period of 2 years commencing on the transition date,
the Plan is exempt from the application of
section 86(1) and (2) of the
EPPR to the extent that it requires the use of Form 4 and Form 9 of
Schedule 6 to the EPPR on the condition that the statements required
under this exemption must be substantially in the form used for the Plan
immediately before the transition date for generally the same purpose as
set out,
(
a) in the case of
section 86(1), in
section 90(4)(
a) of the EPPA,
and
(
b) in the case of
section 86(2), in
section 90(6) of the EPPA.
(7) For the period of 2 years commencing on the transition date, the
Plan is exempt from the application of
section 142(c)(ii) of the EPPR
as it applies to the deceased member's pension partner's signing of a
waiver in Form 5 or Form 9 of
Schedule 6 to the EPPR on the
condition that the waivers signed in respect of the matters referred to in
Form 5 or Form 9, as applicable, must be substantially in the form
used for the Plan immediately before the transition date.
Schedule 3
Special Forces Pension Plan
Part 1
EPPA Exemptions
Permanent exemption without conditions
1 The Plan is exempt from the application of the following provisions
of the EPPA:
section 52(3);
section 56(3) and (5);
section 67(1);
section 71(3)(a);
section 74(3) and (4);
section 114;
section 127.
Other permanent exemptions
2(1) The Plan is exempt from the application of
section 1(1)(ss)(ii) of
the EPPA on the condition that "pension commencement date" means,
in relation to a surviving pension partner, the earlier of
(
a) the date of the member's death, and
(
b) the last date on which the surviving pension partner is
allowed, under the Income Tax Act (Canada), to start
receiving a pension from a registered pension plan.
(2) The Plan is exempt from the application of
section 1(2) of the
EPPA on the condition that the actuarial present value of benefits that
a person is or may become entitled to receive under a defined benefit
provision of the Plan must be determined in the manner set out in the
plan text document, which must be
(
a) in accordance with either
(
i) the standards of practice issued by the Canadian
Institute of Actuaries, as amended from time to time, or
(ii) the actuarial assumptions used in the current actuarial
valuation report to determine the going concern
liabilities value of the Plan or any simplified actuarial
assumptions that reasonably reflect the actuarial
assumptions used in the current actuarial valuation
report to determine the going concern liabilities value of
the Plan,
and
(
b) on the basis of actuarial assumptions and methods that are
appropriate and in accordance with accepted actuarial
practice.
(3) The Plan is exempt from the application of
section 29(1) of the
EPPA on the condition that an employee of a participating employer
who falls within a class of employees for whom the Plan is maintained
is entitled under the plan text document to become a member of the
Plan if
(
a) the aggregate of the employee's regularly scheduled hours of
work with the participating employer is not less than
30 hours per week, and
(
b) no date or event has been established for the termination of
the employee's employment other than by reference to the
attainment of a mandatory retirement age.
(4) The Plan is exempt from the application of
section 32(1) of the
EPPA as it applies to a member's termination of active membership in
the Plan while the member is employed in Alberta in employment
other than federally regulated employment on the condition that the
plan text document must
(
a) establish a vesting period of the earlier of
(
i) the member attaining 65 years of age while an active
member, or
(ii) either
(
A) the member having completed at least 5 years
consisting of a period or periods indicated in the
plan text document as counting toward vesting, or
(
B) the member having completed at least 2 years
consisting of a period or periods indicated in the
plan text document as counting toward vesting,
and
(
b) if the member's pension has not vested at the time of the
member's termination, authorize the member, in relation to
the member's contributions to the Plan up to the date of the
member's termination, to
(
i) receive or transfer from the Plan an amount equal to
those contributions, with interest, or
(ii) transfer an amount from the Plan to another pension
plan as permitted by and in accordance with a pension
transfer agreement.
(5) The Plan is exempt from the application of
section 36(1) of the
EPPA as it applies to the Corporation in respect of
(
a) a participating employer in the Plan on the transition date, or
(
b) a successor employer who becomes a participating employer
in the Plan after the transition date under
section 28 of
Schedule 3 to the JGA.
(6) The Plan is exempt from the application of
section 48 of the EPPA
as it applies in respect of
(
a) a participating employer in the Plan on the transition date, or
(
b) a successor employer who becomes a participating employer
in the Plan after the transition date under
section 28 of
Schedule 3 to the JGA.
(7) The Plan is exempt from the application of
section 70 of the EPPA
as it applies to contributions made entirely by a member to secure
improvements in, or to purchase, benefits related to past service before
or after the initial legislation date, excluding contributions received by
the Plan on a locked-in basis, on the condition that, on the member's
termination of active membership in the Plan, and provided that the
member's pension has vested and the member has not reached the
member's pension commencement date, the plan text document must
allow the member to
(
a) receive or transfer from the Plan an amount equal to those
contributions, with interest, or
(
b) transfer those contributions, with interest, from the Plan to
another pension plan in accordance with a pension transfer
agreement.
(8) The Plan is exempt from the application of
section 70 of the EPPA
as it applies to a member's contributions to the Plan in relation to
service prior to 1992 on the condition that, on the member's
termination of active membership in the Plan, and provided that the
member's pension has vested, the plan text document must allow the
member to
(
a) receive or transfer from the Plan an amount equal to those
contributions, with interest, or
(
b) transfer an amount from the Plan to another pension plan as
permitted by and in accordance with a pension transfer
agreement.
(9) The Plan is exempt from the application of
section 70 of the EPPA
as it applies to any part or all of an amount determined in the same
manner as required under the rules set out in
section 57(2) and (3) of
the EPPA on the condition that, if the plan text document requires the
determination, and allocation or distribution, of the amount or part,
then
(
a) the amount or part must be allocated or distributed in the
same manner as required under the rules set out in
section
57(4) and (6) of the EPPA,
(
b) a provision of the plan text document that has the same effect
section 57(5) of the EPPA applies,
(
c) subject to clause (b), any allocation or distribution of the
amount or
part in the same manner as required under the
rules set out in
section 57(4) of the EPPA must be made on a
date that is the same date as required under
section 71(1) of
the EPPR, and
(
d) any interest calculated on the amount or part must be in
respect of a period that is the same period as required under
section 73(4) of the EPPR.
(10) The Plan is exempt from the application of
section 71(1) of the
EPPA on the condition that the plan text document must provide that a
deferred member or, if the deferred member is deceased, the deferred
member's surviving pension partner, is entitled to receive payment of a
lump sum amount equal to the total of the commuted value of the
benefit to which the deferred member or surviving pension partner is
entitled under the Plan if the lump sum amount is less than 4% of the
Year's Maximum Pensionable Earnings for the calendar year in which
the most recent determination of the amount of the lump sum occurred.
(11) The Plan is exempt from the application of
section 74(1)(
a) and
(
b) of the EPPA as it applies to a transfer of the assets of the Plan to
another pension plan if, and to the extent that, the transfer is authorized
under this Regulation.
(12) The Plan is exempt from the application of
section 76(1)(
b) of the
EPPA on the condition that, if the plan text document provides that a
member may elect to have the member's pension payments increased
for the period prescribed in
section 77(1) of the EPPR by an amount
determined, directly or indirectly, by reference to any amounts payable
under the CPP Act, then the plan text document must also provide that
such an election may be made only if
(
a) the election is made on or before the member's pension
commencement date, and
(
b) the monthly pension payments payable to the member after
the increased benefits and any increased benefits elected by
the member in relation to the OAS Act have ceased are not
less than 1/12 of 4% of the Year's Maximum Pensionable
Earnings for the calendar year in which the most recent
determination of the amount of the member's increased
pension payments occurred.
(13) The Plan is exempt from the application of
section 76(3) of the
EPPA on the condition that, if the plan text document provides that a
member may elect to have the member's pension payments increased
for the period prescribed in
section 77(1) of the EPPR by an amount
determined, directly or indirectly, by reference to any amounts payable
under the OAS Act, then the plan text document must also provide that
such an election may be made only if
(
a) the election is made on or before the member's pension
commencement date, and
(
b) the monthly pension payments payable to the member after
the increased benefits and any increased benefits elected by
the member in relation to the CPP Act have ceased are not
less than 1/12 of 4% of the Year's Maximum Pensionable
Earnings for the calendar year in which the most recent
determination of the amount of the member's increased
pension payments occurred.
(14) The Plan is exempt from the application of
section 76(4) of the
EPPA on the condition that, if the plan text document provides for the
reduction of a pension because of a member's entitlement to any
payments under the CPP Act or the OAS Act or both, as the case may
be, the reduction must not exceed the maximum CPP pension or the
maximum OAS pension, or both, as the case may be, as of the
member's pension commencement date.
(15) The Plan is exempt from the application of
section 89(1)(a)(
i) of
the EPPA as it applies to a benefit to a surviving pension partner
resulting from contributions made in respect of service before 1992;
however,
section 59 of the former Special Forces Pension Plan (AR
369/93) applies to that benefit as if that Regulation had remained in
force.
(16) The Plan is exempt from the application of
section 97(
a) of the
EPPA as it applies to the transfer of the portion of a benefit earned in
relation to service prior to 1992 on the condition that, on the member's
termination of active membership in the Plan, and provided that the
member's pension has vested, the plan text document must, in relation
to the member's contributions to the Plan relating to the portion of the
benefit earned in relation to service prior to 1992, allow the member to
(
a) receive or transfer from the Plan an amount equal to those
contributions, with interest, or
(
b) transfer an amount from the Plan to another pension plan as
permitted by and in accordance with a pension transfer
agreement.
(17) The Plan is exempt from the application of sections 136(8),
138(5) and 143(4) of the EPPA as they apply to an administrative
penalty, expense or fine, or any portion of an administrative penalty,
expense or fine, imposed on the Corporation, AIMCo or APS.
Temporary exemption without conditions
3 For the period of 2 years commencing on the transition date, the
Plan is exempt from the application of sections 42 and 44 of the EPPA.
Other temporary exemptions
4(1) For the period of 2 years commencing on the transition date, the
Plan is exempt from the application of
section 10(1)(
a) of the EPPA as
it applies to the use of mortality tables in the calculation of the
contributions required to be made by a member to secure
improvements in, or to purchase, benefits related to past service on the
condition that gender distinct mortality tables are used in the
calculations.
(2) For the period of 2 years commencing on the transition date, the
Plan is exempt from the application of
section 10(1)(
b) of the EPPA as
it applies to the use of mortality tables in the calculation of pensions
and benefits on the condition that gender distinct mortality tables are
used in the calculations.
(3) For the period of 5 years commencing on the transition date, the
Plan is exempt from the application of
section 35(7) of the EPPA as it
applies to the role of AIMCo and APS under
section 16(1) and (2) of
Schedule 3 to the JGA.
(4) For the period of 2 years commencing on the transition date, the
Plan is exempt from the application of
section 37(1) of the EPPA on
the condition that the Corporation must continue the statement and
disclosure practices, including with respect to form and timing,
existing immediately before the transition date in respect of the Plan
until the Corporation is able to comply with
section 37(1) of the EPPA
and the corresponding provisions of the EPPR.
(5) For the period of 2 years commencing on the transition date, the
Plan is exempt from the application of
section 37(2) and (4) of the
EPPA to the extent that a person, participating employer or union has
requested access to information or a record that is not available and the
provision of which is subject to the temporary exemption set out in
subsection (4); however, the Corporation must comply with the request
if the person, participating employer or union is entitled to the
information or records under
section 37(1) of the EPPA and the
requested information or record is available.
(6) For the period of one year commencing on the transition date, the
Plan is exempt from the application of
section 43 of the EPPA on the
condition that, during the term of this exemption, the Corporation
continues to use the general policy guidelines concerning the
investment and management of the pension fund that were in place
immediately prior to the transition date.
(7) For the period of 2 years commencing on the transition date, the
Plan is exempt from the application of
section 62(3)(
a) of the EPPA as
it applies to Plan assets held for the purpose of paying benefits under
the EPPA on the condition that such Plan assets are held in an account
in the name of the Crown in right of Alberta, which may be
intermingled with assets of other pension plans administered by the
Crown in right of Alberta or a Corporation.
Part 2
EPPR Exemptions
Permanent exemption without conditions
5 The Plan is exempt from the application of the following provisions
of the EPPR:
section 23;
section 31(4)(c);
section 32(3)(a);
section 34(4)(
c) and (g)(vi);
section 35(4)(f);
section 36(3)(b), (4)(
e) and (5)(c);
section 37(6)(a)(ii)(D);
section 40(5)(d)(vi), (
e) and (g);
section 55(e);
section 62;
section 75(3)(c);
section 90.
Other permanent exemptions
6(1) The Plan is exempt from the application of
section 49(5)(d)(ii) of
the EPPR on the condition that an actuarial valuation report and a cost
certificate must include a calculation of the Plan's solvency deficiency,
if any.
(2) The Plan is exempt from the application of
section 49(7)(
b) of the
EPPR as it applies to a solvency deficiency.
(3) The Plan is exempt from the application of
section 151 of the
EPPR as it applies to the filing fee required upon the registration of the
Plan; however,
section 151 applies in respect of the calculation of the
fee referred to in
section 47(3) of the EPPR.
Temporary exemptions
7(1) For the period of 2 years commencing on the transition date, the
Plan is exempt from the application of
section 9(5) of the EPPR on the
condition that, if the payment or transfer of a benefit under a benefit
formula provision occurs more than 365 days after the date on which
the commuted value of the benefit was determined, the commuted
value of the benefit must be re-determined as at a date that is not more
than 30 days before the date of the payment or transfer of that benefit.
(2) For the period of 2 years commencing on the transition date, the
Plan is exempt from the application of
section 76(4) of the EPPR to the
extent that it requires the use of Form 6 of
Schedule 6 to the EPPR on
the condition that the statement required under this exemption must be
substantially in the form used for the Plan immediately before the
transition date for generally the same purpose as set out in
section
71(6) of the EPPA.
(3) For the period of 2 years commencing on the transition date, the
Plan is exempt from the application of
(a)
section 81(5) of the EPPR, and
(b)
section 83(2) of the EPPR as it applies to the division of a
pension in accordance with
section 81(5)
on the condition that, where a pension has already commenced to be
paid to a member pension partner, the non-member pension partner's
share is to be paid directly to the non-member pension partner in the
form of a pension which, for the purposes of the Plan, is a portion of
the member pension partner's pension and the member pension partner
shall receive the remaining balance of the pension as the member
pension partner's share of the pension.
(4) For the period of 2 years commencing on the transition date, the
Plan is exempt from the application of
section 82(14) of the EPPR on
the condition that, if the non-member pension partner's share is a
benefit determined with reference to a benefit formula provision of the
plan text document, and if the payment or transfer of the non-member
pension partner's share occurs more than 365 days after the date on
which the commuted value of the benefit was determined, the
commuted value of the benefit must be re-determined as at a date that
is not more than 30 days before the date of the payment or transfer of
that benefit.
(5) For the period of 2 years commencing on the transition date, the
Plan is exempt from the application of
section 85 of the EPPR to the
extent that it requires the use of Form 5 of
Schedule 6 to the EPPR on
the condition that the statement required under this exemption must be
substantially in the form used for the Plan immediately before the
transition date for generally the same purpose as set out in
section
89(1)(
b) of the EPPA.
(6) For the period of 2 years commencing on the transition date,
the Plan is exempt from the application of
section 86(1) and (2) of the
EPPR to the extent that it requires the use of Form 4 and Form 9 of
Schedule 6 to the EPPR on the condition that the statements required
under this exemption must be substantially in the form used for the Plan
immediately before the transition date for generally the same purpose as
set out,
(
a) in the case of
section 86(1), in
section 90(4)(
a) of the EPPA,
and
(
b) in the case of
section 86(2), in
section 90(6) of the EPPA.
(7) For the period of 2 years commencing on the transition date, the
Plan is exempt from the application of
section 142(c)(ii) of the EPPR
as it applies to the deceased member's pension partner's signing of a
waiver in Form 5 or Form 9 of
Schedule 6 to the EPPR on the
condition that the waivers signed in respect of the matters referred to in
Form 5 or Form 9, as applicable, must be substantially in the form
used for the Plan immediately before the transition date.
Alberta Regulation 4/2019
Public Sector Pension Plans Act
LOCAL AUTHORITIES PENSION PLAN AMENDMENT
AND REPEAL REGULATION
Filed: January 22, 2019
For information only: Made by the Lieutenant Governor in Council (O.C. 005/2019)
on January 22, 2019 pursuant to
Schedule 1,
section 4 of the Public Sector Pension
Plans Act.
1 The Local Authorities Pension Plan (AR 366/93) is
amended by this Regulation.
2 The following is added after
section 10:
Participating employers
10.1 Notwithstanding any other provision of this Regulation, and
with a view to the Plan transitioning to joint governance pursuant to
the Joint Governance of Public Sector Pension Plans Act, the
organizations set out in
Schedule 3 are, as of the effective date of
this section, the participating employers in the Plan, but, for greater
certainty, in each case only in respect of the organization's eligible
employees described in sections 10, 11 and 11.1 and any other
individuals employed by the organization and on whose behalf the
organization is making contributions to the Plan.
3 The following is added after
Schedule 2:
Schedule 3
Participating Employers
(Section 10.1)
ABC Benefits Corporation
Alberta Capital Region Wastewater Commission
The Alberta Catholic School Trustees' Association
Alberta Health Services
Alberta Irrigation Projects Association
The Alberta Library
Alberta Public Laboratories Ltd.
Alberta School Boards Association
Alberta Urban Municipalities Association
Alberta's Industrial Heartland Association
Aquatera Utilities Inc.
Aspen Regional Water Services Commission
Aspire Special Needs Resource Centre
Athabasca County
Athabasca Regional Multiplex Society
Athabasca Regional Waste Management Services Commission
Attainable Homes Calgary Corporation
Barons-Eureka-Warner Family and Community Support Services
Beaver County
Beaver Foundation
Beaver Regional Waste Management Services Commission
Bethany Care Society
Bethany Nursing Home of Camrose, Alberta
(also known as The Bethany Group)
Big Country Waste Management Services Commission
Big Lakes County
Birch Hills County
The Board of Governors of Alberta College of Art and Design
(also known as Alberta College of Art and Design)
The Board of Governors of Grande Prairie Regional College
(also known as Grande Prairie Regional College)
The Board of Governors of Grant MacEwan University
(also known as Grant MacEwan University)
The Board of Governors of Keyano College
(also known as Keyano College)
The Board of Governors of Lakeland College
(also known as Lakeland College)
The Board of Governors of Lethbridge College
(also known as Lethbridge College)
The Board of Governors of Medicine Hat College
(also known as Medicine Hat College)
The Board of Governors of Mount Royal University
(also known as Mount Royal University)
The Board of Governors of Olds College
(also known as Olds College)
The Board of Governors of Red Deer College
(also known as Red Deer College)
Board of Governors of the Northern Alberta Institute of Technology
(also known as Northern Alberta Institute of Technology)
Board of Governors of the Southern Alberta Institute of Technology
(also known as Southern Alberta Institute of Technology)
The Board of the Northland School Division No. 61
(also known as Northland School Division No. 61)
The Board of Trustees of the Aspen View Public School Division No. 78
(also known as Aspen View Public School Division No. 78)
The Board of Trustees of the Battle River Regional Division No. 31
(also known as Battle River School Division)
The Board of Trustees of the Black Gold Regional Division No. 18
(also known as Black Gold Regional Schools)
The Board of Trustees of the Buffalo Trail Public Schools Regional
Division No. 28 (also known as Buffalo Trail Public Schools)
The Board of Trustees of the Calgary Roman Catholic Separate School
District No. 1 (also known as Calgary Catholic School District)
The Board of Trustees of the Calgary School District No. 19
(also known as Calgary Board of Education)
The Board of Trustees of the Canadian Rockies Regional Division No. 12
(also known as Canadian Rockies Public Schools)
The Board of Trustees of the Chinook's Edge School Division No. 73
(also known as Chinook's Edge School Division)
The Board of Trustees of the Christ the Redeemer Catholic Separate Regional
Division No. 3 (also known as Christ the Redeemer Catholic Schools)
The Board of Trustees of the Clearview School Division No. 71
(also known as Clearview Public Schools)
The Board of Trustees of the East Central Alberta Catholic Separate
Schools Regional Division No. 16 (also known as East Central Alberta
Catholic Schools)
The Board of Trustees of the Edmonton Catholic Separate School
District No. 7 (also known as Edmonton Catholic Schools)
The Board of Trustees of the Edmonton School District No. 7
(also known as Edmonton Public Schools)
The Board of Trustees of the Elk Island Catholic Separate Regional
Division No. 41 (also known as Elk Island Catholic Schools)
The Board of Trustees of the Elk Island Public Schools Regional
Division No. 14 (also known as Elk Island Public Schools)
The Board of Trustees of the Evergreen Catholic Separate Regional
Division No. 2 (also known as Evergreen Catholic Schools)
The Board of Trustees of the Foothills School Division No. 38
(also known as Foothills School Division)
The Board of Trustees of the Fort McMurray Public School
District No. 2833 (also known as Fort McMurray Public Schools)
The Board of Trustees of the Fort McMurray Roman Catholic Separate
School District No. 32 (also known as Fort McMurray Catholic Schools)
The Board of Trustees of the Fort Vermilion School Division No. 52
(also known as Fort Vermilion School Division)
The Board of Trustees of the Golden Hills School Division No. 75
(also known as Golden Hills School Division)
The Board of Trustees of the Grande Prairie Roman Catholic Separate School
District No. 28 (also known as Grande Prairie Catholic School District)
The Board of Trustees of the Grande Prairie School District No. 2357
(also known as Grande Prairie Public School District)
The Board of Trustees of the Grande Yellowhead Public School Division
No. 77 (also known as Grande Yellowhead Public School Division)
The Board of Trustees of the Grasslands Regional Division No. 6
(also known as Grasslands Public Schools)
The Board of Trustees of The Greater St. Albert Roman Catholic Separate
School District No. 734 (also known as Greater St. Albert Catholic Schools)
The Board of Trustees of the High Prairie School Division No. 48
(also known as High Prairie School Division)
The Board of Trustees of the Holy Family Catholic Regional
Division No. 37 (also known as Holy Family Catholic Regional Division)
The Board of Trustees of the Holy Spirit Roman Catholic Separate
Regional Division No. 4 (also known as Holy Spirit Catholic Schools)
The Board of Trustees of the Horizon School Division No. 67
(also known as Horizon School Division)
The Board of Trustees of the Lethbridge School District No. 51
(also known as Lethbridge School District No. 51)
The Board of Trustees of the Living Waters Catholic Regional
Division No. 42 (also known as Living Waters Catholic Schools)
The Board of Trustees of the Livingstone Range School
Division No. 68 (also known as Livingstone Range School Division)
The Board of Trustees of the Medicine Hat Roman Catholic Separate
School District No. 21 (also known as Medicine Hat Catholic
Board of Education)
The Board of Trustees of the Medicine Hat School District No. 76
(also known as Medicine Hat Public School Division)
The Board of Trustees of the Northern Gateway Regional Division No. 10
(also known as Northern Gateway Public Schools)
The Board of Trustees of the Northern Lights School Division No. 69
(also known as Northern Lights Public Schools)
The Board of Trustees of the Palliser Regional Division No. 26
(also known as Palliser Regional Schools)
The Board of Trustees of the Parkland School Division No. 70
(also known as Parkland School Division)
The Board of Trustees of the Peace River School Division No. 10
(also known as Peace River School Division)
The Board of Trustees of the Peace Wapiti School Division No. 76
(also known as Peace Wapiti Public School Division)
The Board of Trustees of the Pembina Hills Regional Division No. 7
(also known as Pembina Hills Public Schools)
The Board of Trustees of the Prairie Land Regional Division No. 25
(also known as Prairie Land Regional Division No. 25)
The Board of Trustees of the Prairie Rose School Division No. 8
(also known as Prairie Rose School Division)
The Board of Trustees of the Red Deer Catholic Regional Division No. 39
(also known as Red Deer Catholic Regional Schools)
The Board of Trustees of the Red Deer Public School District No. 104
(also known as Red Deer Public School District)
The Board of Trustees of the Rocky View School Division No. 41
(also known as Rocky View Schools)
The Board of Trustees of The St. Albert Public School District No. 5565
(also known as St. Albert Public Schools)
The Board of Trustees of the St. Paul Education Regional Division No. 1
(also known as St. Paul Education Regional Division No. 1)
The Board of Trustees of the Sturgeon School Division No. 24
(also known as Sturgeon Public School Division)
The Board of Trustees of the Westwind School Division No. 74
(also known as Westwind School Division)
The Board of Trustees of the Wetaskiwin Regional Division No. 11
(also known as Wetaskiwin Regional Public Schools)
The Board of Trustees of the Wild Rose School Division No. 66
(also known as Wild Rose School Division)
The Board of Trustees of the Wolf Creek School Division No. 72
(also known as Wolf Creek Public Schools)
Bow River Irrigation District
Bow Valley Regional Transit Services Commission
Brazeau County
Brazeau Seniors Foundation
The Business Link Business Service Centre
The Calgary Convention Centre Authority
Calgary Metropolitan Region Board
Camrose & District Support Services
Camrose County
Capital Care Group Inc.
Capital Power Corporation
Capital Region Housing Corporation
Cardston County
Carewest
Central Peace Fire and Rescue Commission
Chief Mountain Regional Solid Waste Authority
The Chinook Arch Library Board
(also known as Chinook Arch Regional Library System)
Chinook Foundation
Chinook Regional Hospital Foundation
City of Airdrie
City of Beaumont
City of Brooks
The City of Brooks Library Board
(also known as Brooks Public Library)
City of Calgary
The City of Calgary Library Board
(also known as Calgary Public Library)
City of Camrose
The City of Camrose Library Board
(also known as Camrose Public Library)
City of Chestermere
City of Cold Lake
The City of Cold Lake Library Board
(also known as Cold Lake Public Library)
City of Edmonton
City of Fort Saskatchewan
The City of Fort Saskatchewan Library Board
(also known as Fort Saskatchewan Public Library)
City of Grande Prairie
The City of Grande Prairie Library Board
(also known as Grande Prairie Public Library)
City of Lacombe
City of Leduc
The City of Leduc Library Board
(also known as Leduc Public Library)
City of Lethbridge
City of Medicine Hat
City of Red Deer
The City of Red Deer Library Board
(also known as Red Deer Public Library)
City of Spruce Grove
City of St. Albert
City of Wetaskiwin
The City of Wetaskiwin Library Board
(also known as Wetaskiwin Public Library)
Clear Hills County
Clearwater County
Cold Lake Ambulance Society
Community Futures Elk Island Region
Connect Charter School Society
(also known as Connect Charter School)
County of Barrhead No. 11
County of Grande Prairie No. 1
The County of Forty Mile No. 8
County of Minburn No. 27
County of Newell
County of Northern Lights
County of Paintearth No. 18
County of St. Paul No. 19
County of Stettler Housing Authority
The County of Stettler No. 6
County of Two Hills No. 21
County of Vermilion River
The County of Warner No. 5
County of Wetaskiwin No. 10
Covenant Foundation
Covenant Health
Crowsnest Pass Housing Corporation
Cypress County
Cypress View Foundation
Drumheller & District Solid Waste Management Association
East Central Ambulance Association
Eastern Irrigation District
Edmonton Economic Development Corporation
Edmonton Metropolitan Region Board
Edmonton Northlands
Epcor Utilities Inc.
Evergreens Foundation
The FFCA Charter School Society
(also known as Foundations For The Future Charter Academy)
Flagstaff County
Flagstaff Family and Community Services Board
Flagstaff Regional Solid Waste Management Association
Foothills County
Fort McMurray Airport Authority
Forty Mile Foundation
Glenrose Rehabilitation Hospital Foundation
The Good Samaritan Society (A Lutheran Social Service Organization)
Grande Prairie Airport Commission
Grande Prairie Regional Hospital Foundation
The Gray House Guild
Greater Edmonton Foundation
Greenview Regional Waste Management Commission
Health Quality Council of Alberta
Heartland Housing Foundation
Henry Kroeger Regional Water Services Commission
Highway 14 Regional Water Services Commission
Kneehill County
Kneehill Housing Corporation
Lac La Biche County
The Lac La Biche County Library Board
(also known as Lac La Biche County Libraries)
Lac Ste. Anne County
Lacombe County
Lacombe Regional Waste Services Commission
Lamont County
Lamont Health Care Centre
Leduc County
Leduc Foundation
Lethbridge County
Lethbridge Housing Authority
Lethbridge Northern Irrigation District
MD of St. Paul Foundation
Mackenzie County
Mackenzie Municipal Services Agency
Mackenzie Regional Waste Management Commission
Marquis Foundation
Meridian Foundation
(also known as Meridian Housing Foundation)
Mountain View County
Mountain View Regional Water Services Commission
Municipal District of Acadia No. 34
Municipal District of Bighorn No. 8
Municipal District of Bonnyville No. 87
Municipal District of Fairview No. 136
Municipal District of Greenview No. 16
Municipal District of Lesser Slave River No. 124
Municipal District of Opportunity No. 17
Municipal District of Peace No. 135
Municipal District of Pincher Creek No. 9
Municipal District of Provost No. 52
Municipal District of Smoky River No. 130
Municipal District of Spirit River No. 133
Municipal District of Taber
Municipal District of Wainwright No. 61
Municipal District of Willow Creek No. 26
Municipality of Crowsnest Pass
Municipality of Jasper
Newell Regional Services Corporation
North Peace Regional Landfill Commission
Northern Lights Regional Health Foundation
Northern Sunrise County
Oldman River Regional Services Commission
Palliser Regional Municipal Services Company Limited
Parkland Community Planning Services
Parkland County
The Parkland County Library Board
(also known as Parkland County Libraries)
The Parkland Library Board
(also known as Parkland Regional Library)
Peace Regional Waste Management Company
Ponoka County
Provost Senior Citizens Home Foundation
Public School Boards' Association of Alberta
Raymond Irrigation District
Red Deer and District Museum Society
Red Deer County
The Regional authority of Greater North Central Francophone Education
Region No. 2 (also known as Conseil scolaire Centre-Nord)
The Regional authority of the Southern Francophone Education
Region No. 4 (also known as Conseil scolaire FrancoSud)
Regional Municipality of Wood Buffalo
The Regional Municipality of Wood Buffalo Library Board
(also known as Wood Buffalo Regional Library)
Rocky View County
Rocky View Foundation
The Royal Alexandra Hospital Foundation
Rural Municipalities of Alberta
Saddle Hills County
Saskatchewan Health Authority
Shepherd's Care Foundation
The Shortgrass Library Board
(also known as the Shortgrass Library System)
Silvera for Seniors
Smoky Lake County
Society of Friends of Chinook Regional Hospital
St. Mary River Irrigation District
St. Michael's Extended Care Centre Society
St. Paul & District Ambulance Service Society
Starland County
Stettler District Ambulance Association
Stettler Waste Management Authority
Stollery Children's Hospital Foundation
Strathcona County
Sturgeon County
Summer Village of Grandview
Summer Village of Silver Beach
Taber Irrigation District
Teachers' Pension Plan Board of Trustees
(also known as Alberta Teachers' Retirement Fund Board)
Thorhild County
Town of Athabasca
Town of Banff
Town of Barrhead
Town of Bashaw
Town of Beaverlodge
Town of Blackfalds
The Town of Blackfalds Library Board
(also known as Blackfalds Public Library)
Town of Bonnyville
Town of Bow Island
Town of Bowden
Town of Cardston
Town of Carstairs
Town of Castor
Town of Claresholm
Town of Coaldale
Town of Coalhurst
Town of Cochrane
Town of Coronation
Town of Crossfield
Town of Daysland
Town of Devon
Town of Didsbury
Town of Drumheller
Town of Eckville
Town of Edson
The Town of Edson Library Board
(also known as Edson & District Public Library)
Town of Elk Point
Town of Fairview
Town of Fort Macleod
Town of Fox Creek
Town of Grande Cache
Town of Grimshaw
Town of Hanna
Town of Hardisty
Town of High River
Town of Hinton
Town of Innisfail
Town of Killam
The Town of Lamont
Town of Legal
Town of Magrath
Town of Manning
Town of Mayerthorpe
Town of McLennan
Town of Millet
Town of Morinville
Town of Nobleford
Town of Okotoks
Town of Olds
Town of Oyen
Town of Peace River
Town of Penhold
Town of Picture Butte
Town of Pincher Creek
Town of Ponoka
Town of Provost
Town of Rainbow Lake
Town of Raymond
Town of Redcliff
Town of Redwater
Town of Rimbey
Town of Rocky Mountain House
The Town of Rocky Mountain House Library Board
(also known as Rocky Mountain House Public Library)
Town of Sedgewick
Town of Sexsmith
Town of Slave Lake
Town of Smoky Lake
Town of St. Paul
Town of Stavely
Town of Stettler
Town of Stony Plain
Town of Strathmore
The Town of Strathmore Library Board
(also known as Strathmore Library)
Town of Sundre
The Town of Sundre Library Board
(also known as Sundre Municipal Library)
Town of Swan Hills
Town of Sylvan Lake
The Town of Sylvan Lake Library Board
(also known as Sylvan Lake Municipal Library)
Town of Taber
Town of Thorsby
Town of Three Hills
Town of Tofield
Town of Trochu
Town of Two Hills
Town of Valleyview
Town of Vauxhall
Town of Vegreville
Town of Vermilion
Town of Viking
Town of Vulcan
Town of Wainwright
Town of Wembley
Town of Westlock
Town of Whitecourt
The Town of Whitecourt Library Board
(also known as Whitecourt & District Public Library)
Tri-Municipal Leisure Facility Corporation
Trustees of the Alberta School Employee Benefit Plan
(also known as Alberta School Employee Benefit Plan)
University Hospital Foundation
Village of Acme
The Village of Alberta Beach Library Board
(also known as Alberta Beach Municipal Library)
Village of Alix
Village of Andrew
Village of Barons
Village of Berwyn
Village of Boyle
Village of Carmangay
Village of Cereal
Village of Champion
Village of Clyde
Village of Consort
Village of Cremona
Village of Delia
Village of Donalda
Village of Elnora
Village of Empress
Village of Forestburg
Village of Glendon
Village of Holden
Village of Hussar
Village of Hythe
Village of Irma
Village of Kitscoty
Village of Linden
Village of Lomond
Village of Lougheed
Village of Mannville
Village of Nampa
Village of Rycroft
Village of Ryley
Village of Stirling
Village of Wabamun
Village of Warburg
Village of Youngstown
Vulcan County
Vulcan District Waste Commission
Wainwright & District Family & Community Services
Waskasoo Environmental Education Society
West Central Planning Agency
Western Irrigation District
Westlock County
Westlock Regional Waste Management Commission
Westwinds Communities
Wheatland and Adjacent Districts Emergency Medical Services Association
Wheatland County
Wood Buffalo Housing & Development Corporation
Woodlands County
Yellowhead County
The Yellowhead County Library Board
The Yellowhead Library Board
(also known as Yellowhead Regional Library)
Schedule 3 is amended by striking out "The Board of
Governors of Alberta College of Art and Design (also known as
Alberta College of Art and Design)" and substituting "The Board
of Governors of Alberta University of the Arts (also known as Alberta
University of the Arts)".
Section 4 comes into force on February 1, 2019.
6 The Local Authorities Pension Plan (AR 366/93) is
repealed on the coming into force of
section 5(2) of
Schedule 4 to the Joint Governance of Public Sector
Pension Plans Act.
--------------------------------
Alberta Regulation 5/2019
Public Sector Pension Plans Act
PUBLIC SERVICE PENSION PLAN AMENDMENT
AND REPEAL REGULATION
Filed: January 22, 2019
For information only: Made by the Lieutenant Governor in Council (O.C. 007/2019)
on January 22, 2019 pursuant to
Schedule 2,
section 4 of the Public Sector Pension
Plans Act.
1 The Public Service Pension Plan (AR 368/93) is amended
by this Regulation.
2 The following is added after
section 10:
Participating employers
10.1 Notwithstanding any other provision of this Regulation, and
with a view to the Plan transitioning to joint governance pursuant to
the Joint Governance of Public Sector Pension Plans Act, the
organizations set out in
Schedule 3 are, as of the effective date of
this section, the participating employers in the Plan, but, for greater
certainty, in each case only in respect of the organization's eligible
employees described in sections 10 and 11 and any other individuals
employed by the organization and on whose behalf the organization
is making contributions to the Plan.
3 The following is added after
Schedule 2:
Schedule 3
Participating Employers
(Section 10.1)
Agriculture Financial Services Corporation
Alberta Energy Regulator
Alberta Gaming, Liquor and Cannabis Commission
Alberta Innovates
Alberta Investment Management Corporation
Alberta Local Authorities Pension Plan Corp.
Alberta Pensions Services Corporation
Alberta Securities Commission
The Alberta Union of Provincial Employees
Alberta Utilities Commission
ATB Financial
The Board of Governors of Bow Valley College
(also known as Bow Valley College)
The Board of Governors of NorQuest College
(also known as NorQuest College)
The Board of Governors of Northern Lakes College
(also known as Northern Lakes College)
The Board of Governors of Portage College
(also known as Portage College)
Board of Governors of The Banff Centre
(also known as Banff Centre for Arts and Creativity)
Government of Alberta
The Governors of Athabasca University
(also known as Athabasca University)
The Governors of The University of Alberta
(also known as The University of Alberta)
The Governors of The University of Calgary
(also known as The University of Calgary)
The Governors of The University of Lethbridge
(also known as The University of Lethbridge)
InnoTech Alberta Inc.
LAPP Corporation
Legislative Assembly Office
PSPP Corporation
SFPP Corporation
Special Areas Board
Travel Alberta
The Workers' Compensation Board
Schedule 3 is amended by striking out "Alberta Local
Authorities Pension Plan Corp".
Section 4 comes into force immediately before the Public
Service Pension Plan (AR 368/93) is repealed.
6 The Public Service Pension Plan (AR 368/93) is repealed
on the coming into force of
section 5(2) of
Schedule 4 to the
Joint Governance of Public Sector Pension Plans Act.
--------------------------------
Alberta Regulation 6/2019
Public Sector Pension Plans Act
SPECIAL FORCES PENSION PLAN AMENDMENT
AND REPEAL REGULATION
Filed: January 22, 2019
For information only: Made by the Lieutenant Governor in Council (O.C. 009/2019)
on January 22, 2019 pursuant to
Schedule 4,
section 4 of the Public Sector Pension
Plans Act.
1 The Special Forces Pension Plan (AR 369/93) is amended
by this Regulation.
2 The following is added after
section 10:
Participating employers
10.1 Notwithstanding any other provision of this Regulation, and
with a view to the Plan transitioning to joint governance pursuant to
the Joint Governance of Public Sector Pension Plans Act, the
organizations set out in
Schedule 3 are, as of the effective date of
this section, the participating employers in the Plan, but, for greater
certainty, in each case only in respect of the organization's eligible
employees described in sections 10 and 11 and any other individuals
employed by the organization and on whose behalf the organization
is making contributions to the Plan.
3 The following is added after
Schedule 2:
Schedule 3
Participating Employers
(Section 10.1)
City of Calgary
City of Camrose
City of Edmonton
City of Lacombe
City of Lethbridge
City of Medicine Hat
Town of Taber
4 The Special Forces Pension Plan (AR 369/93) is repealed
on the coming into force of
section 5(2) of
Schedule 4 to the
Joint Governance of Public Sector Pension Plans Act.
--------------------------------
Alberta Regulation 7/2019
Public Sector Pension Plans Act
MANAGEMENT EMPLOYEES PENSION PLAN
AMENDMENT REGULATION
Filed: January 22, 2019
For information only: Made by the Lieutenant Governor in Council (O.C. 011/2019)
on January 22, 2019 pursuant to
Schedule 5,
section 4 of the Public Sector Pension
Plans Act.
1 The Management Employees Pension Plan Regulation
(AR 367/93) is amended by this Regulation.
Section 2(1) is amended
(
a) by repealing that portion of clause (
p) following
subclause (
v) and substituting the following:
and includes a member of a corporation specified in
Part
3 of
Schedule 2 so long as that corporation is an
employer, but does not include
(vi) a person to whom
(
A) the Universities Academic Pension Plan
applies, or
(
B) the Teachers' Pension Plans Act or the
Provincial Judges and Masters in Chambers
Registered and Unregistered Pension Plans
Regulation (AR 196/2001) applies,
(vii) a member of the Legislative Assembly of Alberta;
(
b) by repealing clause (kk) and substituting the
following:
(kk) "related plan" means the Public Service Pension Plan;
Section 10(1) is amended
(
a) in clause (c)(
i) by striking out "other";
(
b) in clause (k)(ii) by adding "(repealed)" after
"10(1)(k)(i)";
(
c) in clause (
n) by adding "(repealed)" after "19.2(c)".
4 The following provisions are amended by striking out "of
Finance" wherever it occurs:
section 12;
section 17(1);
section 23(3), (4);
section 28;
section 106;
section 111;
section 112.
Schedule 2 is repealed and the following is substituted:
Schedule 2
(Sections 2(1)(
p) and 10)
Part 1
The corporations referred to in
section 10(1)(
b) are
(
a) LAPP Corporation,
(
b) PSPP Corporation, and
(
c) SFPP Corporation.
Part 2
The Provincial corporations, Provincial committees and other public
bodies referred to in
section 10(1)(
c) are
(
a) Agriculture Financial Services Corporation,
(
b) Alberta Energy Regulator,
(
c) Alberta Gaming, Liquor and Cannabis Commission,
(
d) Alberta Innovates,
(
e) Alberta Pensions Services Corporation,
(
f) Alberta Utilities Commission,
(
g) The Board of Governors of Bow Valley College
(also known as Bow Valley College),
(
h) The Board of Governors of NorQuest College
(also known as NorQuest College),
(
i) The Board of Governors of Northern Lakes College
(also known as Northern Lakes College),
(
j) The Board of Governors of Portage College
(also known as Portage College),
(
k) InnoTech Alberta Inc.,
(
l) Natural Resources Conservation Board,
(
m) Travel Alberta, and
(
n) The Workers' Compensation Board.
Part 3
The corporations referred to in
section 2(1)(
p) are
(
a) Alberta Energy Regulator,
(
b) Alberta Gaming, Liquor and Cannabis Commission,
(
c) Alberta Utilities Commission, and
(
d) The Workers' Compensation Board.
6 The provisions referred to in Column 1 of the following
table are amended by striking out the term referred to in
Column 2 wherever it occurs and substituting the term
referred to in Column 3:
Column 1
Provisions in
the Regulation
Column 2
Terms to be
struck out
Column 3
Terms to be
substituted
2(1)(h.1)
the person
2(1)(p)(ii)
his employment
the person's employment
2(1)(p)(ii)
to his
to the employer's
2(1)(p)(ii)
him
the employer
2(1)(v)(
i) his
the participant's
2(1)(
v) the participant
2(1)(
w) his
the participant's
2(1)(
w) the participant
2(1)(ll)(ii)
the employee
3(1)
him
him or her
3(5)
the person
3(6)
the employer
5(
b) the participant
11(a), (d), (d.1)
his
his or her
13(1)
his
his or her
13(1)
him
the participant
13(1)
the participant
13(2)
the employer
14(1)
the participant
14(3), (4), (5)
the person
16(2)
his
his or her
23(3)
his
his or her
23(3)
him
the participant
23(5), (6)
the person
24(1)
the person
25(1)
his
the participant's
the participant
the person
29(1)(b)(
i) his
the person's
29(1)(
c) him
the person
30(1)(
c) him
the person
36(1)
his
the person's
36(1)
the person
36(2)
the pensioner
36(2)
his
his or her
38(1)(
a) his
the pensioner's
38(1)(
f) the pensioner
his
his or her
41(1)(
b) the person
41(2)
his
his or her
41(2)(
b) the person
the person
42(1), (2)
his
the person's
43(1)
his
the person's
his
the deceased's
47(1)
his
the person's
47(2)
the pensioner
47(2)
his
his or her
50(1)
his
the person's
50(1)
he or she
50(1)
him
the person
52(2)
his
the person's
52(2)
him
the person
52(2)
he or she
the person
53(1), (2)
his
the person's
54(1)
his
the person's
54(3.1)
the person
54(3.1)
him
him or her
56.1
the person
56.1
his
the person's
his
the deceased's
69(
c) his
the person's
69(
d) the person
72(
c) his
the person's
72(
d) the person
73(
c) his
the person's
79(5)
him
the person
80(1), (2)
the person
83(2)(
c) his
the person's
86(1), (2), (3)
his
the person's
86(2), (3)
the person
86(3)
him
the person
90.1
his
the person's
91(2)
himself
the person
91(2)
him
the person
109(1)
his
the person's
116(2)
him
the person
116(2)
his
the person's
7 This Regulation comes into force on March 1, 2019.
Alberta Regulation 8/2019
Various Acts
JOINT GOVERNANCE OF PUBLIC SECTOR PENSION PLANS
CONSEQUENTIAL AMENDMENTS REGULATION
Filed: January 22, 2019
For information only: Made by the Lieutenant Governor in Council (O.C. 012/2019)
on January 22, 2019 pursuant to Various Acts.
1(1) The Alberta Investment Management Corporation
Regulation (AR 225/2007) is amended by this section.
(2) Section 6.1(1) is amended by striking out "and" at the
end of clause (
a) and adding the following after clause (a):
(a.1) in providing investment management services, hold and
invest the assets of a designated entity, or any part of the
assets, in the nominee name of the Corporation in accordance
with the terms of the investment management agreement with
the designated entity, in which event the Corporation shall
hold such assets as bare trustee, and
2(1) The Conflicts of Interest Act
Part 4.3 Designation Order
(AR 42/2018) is amended by this section.
(2) The
Schedule is amended in Table 1 by striking out the
following:
Alberta Local Authorities Pension Plan
Corporation
CEO
3(1) The Lobbyists Act General Regulation (AR 247/2009) is
amended by this section.
(2) Schedule 1 is amended by striking out the following
names:
Alberta Local Authorities Pension Plan Corporation
Local Authorities Pension Plan Board of Trustees
Public Service Pension Board
Special Forces Pension Board
4(1) The Members of the Legislative Assembly Pension
Plan Regulation (AR 319/85) is amended by this section.
(2) Sections 14 and 15 are amended by striking out "an
employer within the meaning of the Public Service Pension Plan (Alta.
Reg. 368/93) or" and substituting "an employer participating in the
Public Service Pension Plan or an employer within the meaning of".
5(1) The Provincial Judges and Masters in Chambers
Registered and Unregistered Pension Plans (AR 196/2001)
is amended by this section.
(2) Section 47(1) of
Schedule 1 is amended by striking out
"the Public Service Pension Plan (AR 368/93)" and substituting
"an employer participating in the Public Service Pension Plan".
6(1) The Public Sector Pension Plans (Legislative
Provisions) Regulation (AR 365/93) is amended by this
section.
(2) Section 1(1)(
a) and (
b) are amended by striking out
"Schedule 1, 2, 3, 4 or 5, as the case may be" and substituting
"Schedule 5".
(3) Section 3(1) is repealed and the following is substituted:
Application
3(1) This Part applies to the pension plan referred to in
section 1(
e) of the Act.
(4) Section 3.1 is repealed.
(5) Section 3.2(1) is amended by striking out "Schedules 1, 2,
4 and 5" and substituting "Schedule 5".
(6) Section 3.3 is amended by striking out "Schedules 1, 2, 4, 5
and 6" and substituting "Schedules 5 and 6".
(7) Section 7.1 is amended
(
a) by repealing subsection (1) and substituting the
following:
Remuneration
7.1(1) Remuneration is to be paid, as plan costs, to or on
behalf of all members, including the chair, of a Board, at the
rate payable under
section 1 or 2, as the case may be, of Part A
of
Schedule 1 to the Committee Remuneration Order
(O.C. 466/2007), as amended or replaced from time to time.
(
b) by repealing subsection (4) and substituting the
following:
(4) Unless the President of Treasury Board, Minister of
Finance otherwise directs the Board in writing, where
remuneration is payable under this
section to or on behalf of an
employee of the Crown, it belongs to the Crown and is to be
paid to the President of Treasury Board, Minister of Finance.
(8) Section 8.1 is amended
(
a) by repealing subsection (3) and substituting the
following:
(3) Subject to subsections (1) and (2), an indemnification
under this
section covers
(
a) anything done by the Board member or Board, as the
case may be, in good faith, or
(
b) any omission on the member's part to act provided that
the member has acted in good faith generally,
in the exercise and performance of the member's or the
Board's powers, duties and functions under the Act or in
relation to the respective Plan.
(
b) by repealing subsection (6) and substituting the
following:
(6) To the extent that the payment of damages or legal and
other expenses incurred in defending any claim against the
Management Employees Pension Board, or its members, is
covered by the indemnity given by
section 24.9 of
Schedule 5
to this Regulation, an indemnification by this
section only
applies
(
a) if all remedies reasonably available for the enforcement
of that first-mentioned indemnity have been exhausted,
and
(
b) to the extent of any shortfall not recoverable under those
reasonably available remedies.
(9) Section 8.2(2)(
b) is amended by striking out "he or she"
and substituting "the individual".
(10) Section 9 is repealed and the following is substituted:
Employer's report
9 The Minister may direct any employer to provide to the Minister,
within the time specified in the direction, information that is required
to enable the Minister to fulfil the Minister's functions under the
Act, the plan rules or this Regulation.
(11) Section 12 is amended
(
a) in subsection (2) by striking out "Minister of Finance"
and substituting "President of Treasury Board, Minister
of Finance";
(
b) in subsection (3) by striking out "his" and
substituting "the deceased's".
(12) Section 15 is amended
(
a) in subsection (1) by striking out "Minister of Finance"
and substituting "President of Treasury Board, Minister
of Finance";
(
b) in subsection (2) by striking out "Minister of Finance"
and substituting "President of Treasury Board, Minister
of Finance";
(
c) in subsection (3) by striking out "Minister of Finance"
and substituting "President of Treasury Board, Minister
of Finance".
(13) Section 16.15 is amended
(
a) by repealing subsections (1) and (1.1) and
substituting the following:
Portability arrangements between MEPP and each of
LAPP, PSPP and Teachers' Pension Plans
16.15(1) Pursuant to
section 12(1)(g.1) of
Schedule 5 to the Act
and subject to subsection (1.1), the Minister may enter into a
portability arrangement between the Management Employees
Pension Plan and any of the following:
(
a) the Local Authorities Pension Plan;
(
b) the Public Service Pension Plan;
(
c) both the Teachers' Pension Plan and the Private School
Teachers' Pension Plan (but not separately)
for the purpose of enabling the transfer of pension entitlements
with respect to an eligible participant or former participant.
(1.1) A portability arrangement under subsection (1) is to be
made
(
a) as between the Management Employees Pension Plan
and the Local Authorities Pension Plan, by an
agreement between the Minister, after consulting with
the Management Employees Pension Board, and the
LAPP Corporation under this
section and
section
16(3)(
g) of
Schedule 1 to the Joint Governance of
Public Sector Pension Plans Act,
(
b) as between the Management Employees Pension Plan
and the Public Service Pension Plan, by an agreement
between the Minister, after consulting with the
Management Employees Pension Board, and the PSPP
Corporation under this
section and
section 16(3)(
f) of
Schedule 2 to the Joint Governance of Public Sector
Pension Plans Act, and
(
c) as between the Teachers' Pension Plan and the Private
School Teachers' Pension Plan (together) and the
Management Employees Pension Plan, by an agreement
between the Teachers' Pension Plans Board of Trustees
and the Minister under this
section and
section 58 of
Schedules 1 and 2 to the Teachers' and Private School
Teachers' Pension Plans (AR 203/95).
(
b) by repealing subsection (2).
(14) Sections 19.2 to 19.28 are repealed.
(15) Section 21 is amended
(
a) by repealing subsection (1)(
m) and substituting the
following:
(m) "pensionable age" means, in relation to the participant
pension partner and
(
i) in relation to the Management Employees Pension
Plan, the age of 60 years, and
(ii) in relation to the Closed Management Plan, the age
of 55 years;
(
b) in subsection (2) by striking out "he" and
substituting "the person".
(16) Section 37(
a) is amended by striking out "Alberta
Pensions Administration Corporation" and substituting "Alberta
Pensions Services Corporation".
(17) Schedules 1 to 4 are repealed.
(18) Schedule 5 is amended
(
a) in
section 4.1(1) by striking out "his" and
substituting "the employer's";
(
b) in
section 24.3(3)(
b) by striking out "he" and
substituting "the participant".
7(1) The Reform of Agencies, Boards and Commissions
Compensation Regulation (AR 31/2017) is amended by this
section.
(2) Schedule 1 is amended by striking out the following:
President and Chief Executive Officer
Alberta Local Authorities Pension Plan
Corp.
(3) Schedule 2 is amended by striking out the following:
Alberta Local Authorities Pension Plan
Corp.
President & CEO
184 365
216 900
249 435
8(1) The Securities Regulation (AR 115/95) is amended by
this section.
(2) The following is added before
section 12:
Registration exemption
11.1 Alberta Investment Management Corporation is not required
to be registered under
section 75 of the Act in relation to providing
investment management services to designated entities under the
Alberta Investment Management Corporation Act.
9(1) The Teachers' and Private School Teachers' Pension
Plans (AR 203/95) is amended by this section.
(2) Schedule 1 is amended
(
a) in
section 1(1)(p)(i)(
A) and (
B) by striking out
"subject to subsection (2.1),";
(
b) by repealing subsection (2.1).
10 The Universities Academic Pension Plan (AR 370/93) is
repealed.
11 This Regulation comes into force on March 1, 2019.
Alberta Regulation 9/2019
Government Organization Act
DESIGNATION AND TRANSFER OF RESPONSIBILITY
AMENDMENT REGULATION
Filed: January 22, 2019
For information only: Made by the Lieutenant Governor in Council (O.C. 028/2019)
on January 22, 2019 pursuant to sections 16, 17 and 18 of the Government
Organization Act.
1 The Designation and Transfer of Responsibility
Regulation (AR 80/2012) is amended by this Regulation.
Section 6 is amended by adding the following after
subsection (1.04):
(1.05) The Minister of Energy is designated as the Minister
responsible for the Canyon Creek Hydro Development Act.
Section 9 is amended by adding the following after
subsection (1.6):
(1.7) The Minister of Health is designated as the Minister
responsible for the Mental Health Services Protection Act.
Section 13(1)(ddd) is repealed.
Section 14 is amended by adding the following after
subsection (1.1):
(1.11) The Minister of Municipal Affairs is designated as the
Minister responsible for the City Charters Fiscal Framework Act,
except sections 2, 6(2) and (3), 7, 8, 9 and 10 and sections 6(4),
7(2), 8 and 9 of the Schedule.
(1.12) The Minister of Municipal Affairs and the Minister of
Transportation are designated as the Ministers with common
responsibility for sections 2, 7, 8 and 9 of the City Charters Fiscal
Framework Act.
Section 17 is amended by adding the following after
subsection (1):
(1.1) The Minister of Transportation is designated as the Minister
responsible for
section 6(2) and (3) of the City Charters Fiscal
Framework Act and sections 8 and 9 of the
Schedule to the City
Charters Fiscal Framework Act.
Section 18 is amended
(
a) by adding the following after subsection (2.61):
(2.62) The President of Treasury Board, Minister of Finance is
designated as the Minister responsible for the Joint Governance
of Public Sector Pension Plans Act.
(2.63) The President of Treasury Board, Minister of Finance is
designated as the Minister responsible for
section 10 of the City
Charters Fiscal Framework Act and sections 6(4) and 7(2) of the
Schedule to the City Charters Fiscal Framework Act.
(
b) by adding the following after subsection (5):
(5.1) The responsibility for that part of the public service
associated with the parts of the appropriation transferred under
subsection (5.2) is transferred to the President of Treasury Board,
Minister of Finance.
(5.2) The responsibility for the administration of the unexpended
balance of the portions of element 2.2, Resource Development,
of program 2, Resource Development and Management, related
to non-renewable resource revenue forecasting of the 2018-19
Government appropriation for Energy is transferred to the
President of Treasury Board, Minister of Finance.
(
c) by repealing subsections (6) and (7).
--------------------------------
Alberta Regulation 10/2019
Post-secondary Learning Act
Regulations Act
POST-SECONDARY LEARNING ACT CONSEQUENTIAL
AMENDMENTS REGULATION
Filed: January 22, 2019
For information only: Made by the Lieutenant Governor in Council (O.C. 029/2019)
on January 22, 2019 pursuant to
section 61 of
An Act to Improve the Affordability
1 The purpose of this Regulation is
(
a) to make consequential amendments to various
regulations pursuant to
section 61(2) of
An Act to
Post-secondary Education, and
(
b) to make corrections pursuant to
section 10(1)(
a) of
the Regulations Act.
2(1) The Alberta Elk Plan Regulation (AR 210/2002) is
amended by this section.
(2) Section 1(
m) is repealed and the following is
substituted:
(m) "formal education" means a certificate, diploma or degree
program at the post-secondary or post-graduate level that
(
i) is provided by a university, comprehensive community
college, polytechnic institution or private
post-secondary institution under the Post-secondary
Learning Act, and
(ii) is recognized by the Commission for the purposes of
this Plan;
3(1) The Alberta Heritage Scholarship Regulation
(AR 214/99) is amended by this section.
(2) Section 1(b)(ii) is amended by striking out "private
college" and substituting "private post-secondary institution".
4(1) The Alternative Academic Council Regulation
(AR 219/2006) is amended by this section.
(2) Section 2 is amended by striking out "public college or
technical institute" and substituting "comprehensive community
college or polytechnic institution".
(3) Section 3 is amended
(
a) in clause (
a) by striking out "public college or technical
institute" and substituting "comprehensive community
college or polytechnic institution";
(
b) in clause (
b) by striking out "public college or technical
institute" and substituting "comprehensive community
college or polytechnic institution".
(4) Section 5 is amended by striking out "public college or
technical institute" wherever it occurs and substituting
"comprehensive community college or polytechnic institution".
(5) Section 6(1) is amended by striking out "public college or
technical institute" wherever it occurs and substituting
"comprehensive community college or polytechnic institution".
(6) Section 8(1) is amended by striking out "public college or
technical institute" and substituting "comprehensive community
college or polytechnic institution".
(7) Section 9 is amended by striking out "public college or
technical institute" and substituting "comprehensive community
college or polytechnic institution".
(8) Section 10 is amended by striking out "public college or
technical institute" and substituting "comprehensive community
college or polytechnic institution".
(9) Section 11 is amended by striking out "public college or
technical institute" and substituting "comprehensive community
college or polytechnic institution".
5(1) The Business Corporations Regulation (AR 118/2000)
is amended by this section.
(2) Section 14(1)(
c) is amended by striking out "technical
institute" wherever it occurs and substituting "polytechnic
institution".
6(1) The Certification of Teachers Regulation (AR 3/99) is
amended by this section.
(2) Section 1(
b) is amended
(
a) in subclause (
i) by striking out "Universities Act" and
substituting "Post-secondary Learning Act";
(
b) in subclause (ii) by striking out "a private college, as
defined in the Colleges Act" and substituting "a private
post-secondary institution, as defined in the Post-secondary
Learning Act".
(3) Section 10(1)(a)(
i) is amended by adding "or" at the end
of paragraph (
B) and by repealing paragraphs (
C) and (
D) and substituting the following:
(
C) a comprehensive community college, polytechnic institution
or private post-secondary institution as defined in the
Post-secondary Learning Act,
7(1) The Child Care Licensing Regulation (AR 143/2008) is
amended by this section.
(2) Section 1(1) is amended
(
a) by adding the following after clause (a):
(a.1) "comprehensive community college" means a
comprehensive community college as defined in the
Post-secondary Learning Act;
(
b) by repealing clause (p).
(3) Section 15(1)(
a) is amended by striking out "public
college" and substituting "comprehensive community college".
(4) Section 16(1)(
a) is amended by striking out "public
college" and substituting "comprehensive community college".
8(1) The Coal Conservation Rules (AR 270/81) are amended
by this section.
(2) Section 88 is amended by striking out "a technical institute"
and substituting "a polytechnic institution".
9(1) The Communicable Diseases Regulation (AR 238/85) is
amended by this section.
(2) Section 1(
x) is amended by striking out "technical institute"
and substituting "polytechnic institution".
10(1) The Conflicts of Interest Act
Part 4.3 Designation
Order (AR 42/2018) is amended by this section.
(2) The
Schedule is amended in Table 1 by striking out "The
Board of Governors of Alberta College of Art and Design" and
substituting "The Board of Governors of Alberta University of the
Arts".
11(1) The Cooperatives Regulation (AR 55/2002) is
amended by this section.
(2) Section 14(1)(
c) is amended by striking out "technical
institute" wherever it occurs and substituting "polytechnic
institution".
12(1) The Credit Union (Principal) Regulation (AR 249/89) is
amended by this section.
(2) Section 54(5)(
c) is amended by striking out "technical
institute" and substituting "polytechnic institution".
13(1) The Designation of Trades and Businesses
Regulation (AR 178/99) is amended by this section.
(2) Section 3(3)(
d) is amended by striking out "technical
institute" and substituting "polytechnic institution".
(3) Section 4(3)(a.1) is amended by striking out "publicly
funded private college" wherever it occurs and substituting
"publicly funded private post-secondary institution".
14(1) The Driver Training and Driver Examination
Regulation (AR 316/2002) is amended by this section.
(2) Section 4(3) is amended
(
a) in clause (
a) by striking out "public college" and
substituting "comprehensive community college";
(
b) in clause (
b) by striking out "technical institute" and
substituting "polytechnic institution".
15(1) The Fuel Tax Regulation (AR 62/2007) is amended by
this section.
(2) Section 1(1)(w)(ii) is amended by striking out "public
college" and substituting "comprehensive community college".
16(1) The Identification Card Regulation (AR 221/2003) is
amended by this section.
(2) Section 1(
e) is amended by striking out "technical institute"
and substituting "polytechnic institution".
(3) Section 5(2)(
b) is amended by striking out "technical
institute" and substituting "polytechnic institution".
17(1) The Land Use Regulation (AR 54/2004) is amended by
this section.
(2) Section 1(
f) is repealed and the following is substituted:
(f) "university board" means the board of governors of a
comprehensive academic and research university;
(3) Section 2 is amended by striking out "university"
wherever it occurs and substituting "comprehensive academic
and research university".
18(1) The Off-highway Vehicle Regulation (AR 319/2002) is
amended by this section.
(2) Section 28(
h) is repealed and the following is
substituted:
(
h) a university, comprehensive community college, private
post-secondary institution or polytechnic institution;
(3) Section 34(2)(
h) is repealed and the following is
substituted:
(
h) a university, comprehensive community college, private
post-secondary institution or polytechnic institution;
19(1) The Oil and Gas Conservation Rules (AR 151/71) are
amended by this section.
(2) Section 17.030 is amended by striking out "technical
institute" and substituting "polytechnic institution".
20(1) The Operator Licensing and Vehicle Control
Regulation (AR 320/2002) is amended by this section.
(2) Section 84(2)(
h) is repealed and the following is
substituted:
(
h) a university, comprehensive community college, private
post-secondary institution or polytechnic institution;
(3) Section 103(
h) is repealed and the following is
substituted:
(
h) a university, comprehensive community college, private
post-secondary institution or polytechnic institution;
21(1) The Professional Biologists Regulation (AR 120/2002)
is amended by this section.
(2) Section 1(l)(iv) is amended by striking out "technical
institute" and substituting "polytechnic institution".
22(1) The Public Interest Disclosure (Whistleblower
Protection) Regulation (AR 71/2013) is amended by this
section.
(2) Section 1(
e) of
Schedule 2 is amended by striking out
"public college or technical institute" and substituting
"comprehensive community college or polytechnic institution".
23(1) The Reform of Agencies, Boards and Commissions
(Post-secondary Institutions) Compensation Regulation
(AR 47/2018) is amended by this section.
(2) Schedule 1 is amended by striking out "The Board of
Governors of Alberta College of Art and Design" and substituting
"The Board of Governors of Alberta University of the Arts".
(3) Schedule 2 is amended by striking out "The Board of
Governors of Alberta College of Art and Design" and substituting
"The Board of Governors of Alberta University of the Arts".
24(1) The Societies Regulation (AR 122/2000) is amended
by this section.
(2) Section 13(1)(
c) is amended by striking out "technical
institute" wherever it occurs and substituting "polytechnic
institution".
25(1) The Temporary Employment and Job Creation
Programs Regulation (AR 33/2010) is amended by this
section.
(2) Section 2(
k) is amended by striking out "private college
operating" and substituting "private post-secondary institution".
26(1) The Workers' Compensation Regulation
(AR 325/2002) is amended by this section.
(2) Section 7(1)(
c) is amended
(
a) in subclause (ii) by striking out "the Banff Centre for
Continuing Education" and substituting "The Banff
Centre";
(
b) in subclause (iii) by striking out "public college or
provincially-owned institution" and substituting
"comprehensive community college";
(
c) in subclause (iv) by striking out "technical institute"
and substituting "polytechnic institution".
27 This Regulation comes into force on February 1, 2019.
--------------------------------
Alberta Regulation 11/2019
Adult Guardianship and Trusteeship Act
ADULT GUARDIANSHIP AND TRUSTEESHIP (MINISTERIAL)
AMENDMENT REGULATION
Filed: January 22, 2019
For information only: Made by the Minister of Justice and Solicitor General
(M.O. 1/2019) on January 18, 2019 pursuant to
section 116(2) of the Adult
Guardianship and Trusteeship Act.
1 The Adult Guardianship and Trusteeship (Ministerial)
Regulation (AR 224/2009) is amended by this Regulation.
Section 8 is repealed.
Alberta Regulation 12/2019
Real Estate Act
REAL ESTATE (MINISTERIAL) AMENDMENT REGULATION
Filed: January 25, 2019
For information only: Made by the Minister of Service Alberta (M.O. SA:003/2019)
on January 18, 2019 pursuant to
section 84(2)(a.1) of the Real Estate Act.
1 The Real Estate (Ministerial) Regulation (AR 113/96) is
amended by this Regulation.
2 The following is added after
section 25:
Prescribed time
25.1 For the purposes of
section 6(7) of the Act, the time within
which the members appointed under
section 6(1)(
b) and (
c) of the
Act must appoint a member under
section 6(1)(
e) of the Act is
(a) 10 days from the date the member's term expires pursuant to
section 6(2) of the Act, or
(b) 30 days from the date the member's position otherwise
becomes vacant.
--------------------------------
Alberta Regulation 13/2019
Government Organization Act
REGISTRY SERVICE CHARGES AMENDMENT REGULATION
Filed: January 25, 2019
For information only: Made by the Minister of Service Alberta (M.O. SA:031/2018)
on January 18, 2019 pursuant to
Schedule 12,
section 12(1) of the Government
Organization Act.
1 The Registry Service Charges Regulation (AR 183/2005)
is amended by this Regulation.
2 The following is added after
section 2:
Road test
2.1 The service charge payable for a road test is $28.
3 The
Schedule is amended under the heading "Driver
Related Products (Traffic Safety Act)" by striking out the
following entry:
Road test conducted by government $9
4 This Regulation comes into force on March 1, 2019.
--------------------------------
Alberta Regulation 14/2019
Various Acts
SERVICE ALBERTA REGULATIONS (MINISTERIAL) (EXPIRY
DATE EXTENSION) AMENDMENT REGULATION
Filed: January 25, 2019
For information only: Made by the Minister of Service Alberta (M.O. SA:040/2018)
on January 18, 2019 pursuant to sections 4.1, 12(1)(e), 41, 105 and 162(2) of the
Consumer Protection Act,
section 66 of the Mobile Home Sites Tenancies Act,
section 65 of the Cemeteries Act and
section 27 of the Funeral Services Act.
1 The Crematory Regulation (AR 248/98) is amended in
section 9 by striking out "November 30, 2019" and
substituting "November 30, 2024".
2 The General Regulation (AR 226/98) is amended in
section 43 by striking out "November 30, 2019" and
substituting "November 30, 2024".
3 The Mobile Home Sites Tenancies Ministerial Regulation
(AR 54/96) is amended in
section 12 by striking out "October
31, 2019" and substituting "October 31, 2022".
4 The Time Share and Points-based Contracts and
Business Regulation (AR 105/2010) is amended in
section
29 by striking out "June 30, 2019" and substituting "June 30,
2022".
Alberta Regulation 15/2019
Environmental Protection and Enhancement Act
OIL SANDS ENVIRONMENTAL MONITORING PROGRAM (EXPIRY
DATE EXTENSION) AMENDMENT REGULATION
Filed: January 30, 2019
For information only: Made by the Minister of Environment and Parks
(M.O. 01/2019) on January 24, 2019 pursuant to
section 36.1 of the Environmental
Projection and Enhancement Act.
1 The Oil Sands Environmental Monitoring Program
Regulation (AR 226/2013) is amended by this Regulation.
Section 11 is amended by striking out "January 31, 2019"
and substituting "January 31, 2022".
--------------------------------
Alberta Regulation 16/2019
Oil and Gas Conservation Act
Oil Sands Conservation Act
Responsible Energy Development Act
CURTAILMENT RULES AMENDMENT REGULATION
Filed: January 30, 2019
For information only: Made by the Lieutenant Governor in Council (O.C. 034/2019)
on January 30, 2019 pursuant to
section 10 of the Oil and Gas Conservation Act,
section 20 of the Oil Sands Conservation Act and
section 68 of the Responsible
Energy Development Act.
1 The Curtailment Rules (AR 214/2018) are amended by
this Regulation.
Section 1 is amended
(
a) in clause (
c) by striking out "section 5(1)" and
substituting "these rules fixing the combined amount of
crude oil and crude bitumen that may be produced during a
month to which the order applies by an operator with an
adjusted baseline production greater than zero barrels";
(
b) by adding the following after clause (c):
(c.1) "in situ operation" means an in situ operation as defined
in the Oil Sands Conservation Act;
Section 4 is amended by adding "by operators with an
adjusted baseline production greater than zero barre