Alberta Gazette — 29 June 2019 (Part II)
29 June 2019
Alberta — Gazette
Alberta Regulation 48/2019
Regulated Forest Management Profession Act
EXPENSES AND REVIEW FEES REGULATION
Filed: June 4, 2019
For information only: Made by the Lieutenant Governor in Council (O.C. 103/2019)
on June 4, 2019 pursuant to
section 103 of the Regulated Forest Management
Profession Act.
Table of Contents
1 Expenses re investigation or hearing
2 Expenses re appeal
3 Fees for review
4 Repeal
5 Coming into force
Expenses re investigation or hearing
1 Where a hearing tribunal in accordance with
section 71(1)(
h) of the
Act or the Council in accordance with
section 78(6) of the Act has
ordered or directed the investigated person to pay all or part of the
expenses of an investigation or hearing or both, the expenses may
include but are not restricted to
(
a) expenses of an expert to assess and provide a written report
on the subject-matter of the complaint,
(
b) legal fees and other legal expenses for legal services
provided to the Association, Complaints Inquiry Committee
and Complaints Inquiry Committee Chair and hearing
tribunal,
(
c) travel expenses and a daily allowance, as determined by the
Council, for the Complaints Inquiry Committee and
Complaints Inquiry Committee Chair, investigator and
members of the hearing tribunal who are not public members,
(
d) expert and other witness fees and expenses,
(
e) costs of creating a record of the proceedings and transcripts,
(
f) costs of serving notices and documents, and
(
g) any other expenses incurred by the Association directly
attributable to the investigation or hearing or both.
Expenses re appeal
2 Where the Council in accordance with
section 78(6) of the Act has
directed the investigated party to pay all or part of the expenses related
to an appeal, the expenses may include but are not restricted to
(
a) legal fees and other legal expenses for legal services
provided to the Association, Complaints Inquiry Committee
and Complaints Inquiry Committee Chair and Council,
(
b) travel expenses and a daily allowance, as determined by the
Council, for the Complaints Inquiry Committee and
Complaints Inquiry Committee Chair and members of the
Council who are not public members,
(
c) costs of creating a record of the proceedings and transcripts,
(
d) costs of serving notices and documents, and
(
e) any other expenses incurred by the Association directly
attributable to the appeal.
Fees for review
3 Pursuant to sections 25(6) and 35(8) of the Act, the Association
may charge a fee to a person requesting a review under
section 25 or
35 of the Act as follows:
(
a) in the case of a review under
section 25 of the Act, a fee not
to exceed the fee for registration paid by the applicant;
(
b) in the case of a review under
section 35 of the Act, a fee not
to exceed the fee paid by the applicant for issuing or
renewing the practice permit.
Repeal
4 The Expenses and Review Fees Regulation (AR 77/2002) is
repealed.
Coming into force
5 This Regulation comes into force on the coming into force of the
Regulated Forestry Profession Amendment Act, 2017.
Alberta Regulation 49/2019
Regulated Forest Management Profession Act
REGULATED FOREST MANAGEMENT PROFESSION REGULATION
Filed: June 4, 2019
For information only: Made by the Lieutenant Governor in Council (O.C. 104/2019)
on June 4, 2019 pursuant to
section 88 of the Regulated Forestry Profession
Amendment Act, 2017.
Table of Contents
Definitions
Part 1
Registration
General Registration
2 General requirements
Registration Requirements for a Forester-in-training
and a Registered Professional Forester
3 Requirements for registration
as a forester-in-training
4 Requirements for registration as a
registered professional forester
5 Academic requirements for a forester-in-training
and a registered professional forester
6 Experience requirements for a registered
professional forester
Registration Requirements for a Forest
Technologist-in-training and a Registered
Professional Forest Technologist
7 Requirements for registration as a
forest technologist-in-training
8 Requirements for registration as a
registered professional forest technologist
9 Academic requirements for a forest technologist-in-training
and a registered professional forest technologist
10 Experience requirements for a registered
professional forest technologist
Other Evidence of Competence
11 Forestry professionals from other professional
regulatory organizations
12 Registration of other applicants
Practice Permits and Continuing
Competence Program
13 Conditions on practice permits of regulated members
14 Renewal of practice permit
15 Reinstatement
16 Continuing competence requirements
Categories of Regulated Members, Registers
and Use of Titles, Abbreviations and Initials
17 Categories of regulated members
18 Registers established
19 Conditional registers
20 Temporary registers
21 Use of title
Part 2
Public Information
22 Information in register
23 Register information
24 Information provided by regulated members
25 Maintenance of information
26 Providing information
27 Duties of the complaint inquiry committee chair
28 Powers of the complaint inquiry committee chair
Part 3
Alternative Complaint Resolution Process
29 Alternative complaint resolution
Part 4
Repeals and Coming into Force
30 Repeals
31 Coming into force
Definitions
1 In this Regulation,
(a) "Act" means the Regulated Forest Management Profession
Act;
(b) "forest technologist-in-training" means the category of
regulated member established under
section 17(
d) who meets
the requirements of
section 7 or who can provide evidence of
competence under
section 12;
(c) "forest technologist-in-training program" means a program of
study and the practical experience in the practice of forestry
required for a forest technologist-in-training to meet the
competence requirements for registration as a registered
professional forest technologist approved by the Council;
(d) "Forest Technologists-in-training Register" means the
register established under
section 18(1)(d);
(e) "forester-in-training" means the category of regulated
member established under
section 17(
c) who meets the
requirements of
section 3 or who can provide evidence of
competence under
section 12;
(f) "forester-in-training program" means a program of study and
the practical experience in the practice of forestry required
for a forester-in-training to meet the competence
requirements for registration as a registered professional
forester approved by the Council;
(g) "Foresters-in-training Register" means the register
established under
section 18(1)(c);
(h) "mentorship" means completing the forester-in-training
program or forest technologist-in-training program under the
guidance of a registered professional forester or registered
professional forest technologist approved by the Registrar;
(i) "professional examination" means an examination approved
by the Council to assess an applicant's knowledge and
understanding of Alberta forested land policies and
legislation;
(j) "registered professional forest technologist" means the
category of regulated member established under
section 17(
b) who meets the requirements of
section 8 or 11(1) or who can
provide evidence of competence under
section 12;
(k) "Registered Professional Forest Technologists Conditional
Register" means the register established under
section
18(1)(f);
(l) "Registered Professional Forest Technologists Register"
means the register established under
section 18(1)(b);
(m) "Registered Professional Forest Technologists Temporary
Register" means the register established under
section
18(1)(h);
(n) "registered professional forester" means the category of
regulated member established under
section 17(
a) who meets
the requirements of
section 4 or 11(1) or who can provide
evidence of competence under
section 12;
(o) "Registered Professional Foresters Conditional Register"
means the register established under
section 18(1)(e);
(p) "Registered Professional Foresters Register" means the
register established under
section 18(1)(a);
(q) "Registered Professional Foresters Temporary Register"
means the register established under
section 18(1)(g).
Part 1
Registration
General Registration
General requirements
2(1) Each applicant for registration must provide to the Registrar
evidence satisfactory to the Registrar of
(
a) being a Canadian citizen or a person lawfully permitted to
work or study in Canada, and
(
b) having good character and reputation.
(2) In determining whether an applicant is of good character and
reputation, the Registrar must consider the following criteria:
(
a) whether the applicant has had a finding of unprofessional
conduct or similar finding made against the applicant by any
professional regulatory organization or any other
organization recognized by the Council and any orders made
in consequence;
(
b) whether the applicant has any outstanding charges under the
criminal law of any country;
(
c) whether the applicant has been convicted of a criminal
offence in any country;
(
d) whether the applicant has been found guilty of a breach of a
code of conduct or of an academic infraction at any
post-secondary education institution;
(
e) whether the applicant has any outstanding complaints or
disciplinary matters with any professional regulatory
organization or any other organization recognized by the
Council with which the applicant is or has been registered.
(3) In addition to the matters referred to in subsections (1) and (2), the
Registrar may consider the following:
(
a) character references;
(
b) information on steps taken to overcome and evidence that the
applicant has overcome the competence or ethical issues
related to subsections (1) and (2);
(
c) mitigating factors provided by the applicant.
Registration Requirements for a
Forester-in-training and a
Registered Professional Forester
Requirements for registration as a
forester-in-training
3 An application for registration for the purposes of
section 22 of the
Act as a forester-in-training must be accompanied by evidence
satisfactory to the Registrar that the following requirements have been
met:
(
a) the general requirements specified in
section 2;
(
b) the academic requirements specified in
section 5.
Requirements for registration as a
registered professional forester
4 An application for registration for the purposes of
section 22 of the
Act as a registered professional forester must be accompanied by
evidence satisfactory to the Registrar that the following requirements
have been met:
(
a) the general requirements specified in
section 2;
(
b) the academic requirements specified in
section 5;
(
c) the experience requirements specified in
section 6;
(
d) the grade or performance requirements prescribed by the
Council on the professional examination.
Academic requirements for a forester-in-training
and a registered professional forester
5 The academic requirements for a forester-in-training and a
registered professional forester for the purposes of
section 22(2)(
a) of
the Act consist of
(
a) a degree in forestry or environmental sciences from a
post-secondary education program approved by the Council
with credit in all of the core competency areas related to the
practice of forestry required by the Council, or
(
b) meeting the grade or performance requirements prescribed by
the Council on courses and examinations approved by the
Council in all of the core competency areas required by the
Council.
Experience requirements for a
registered professional forester
6 The experience required for the purposes of
section 22(2)(
a) of the
Act to become a registered professional forester is
(
a) the completion of 24 months of accumulated mentorship in
the practice of forestry, or
(
b) subject to any policies approved by the Council, evidence of
experience substantially equivalent to the requirements
referred to in clause (a).
Registration Requirements for a Forest
Technologist-in-training and a Registered
Professional Forest Technologist
Requirements for registration as a
forest technologist-in-training
7 An applicant for registration for the purposes of
section 22 of the
Act as a forest technologist-in-training must provide to the Registrar
evidence satisfactory to the Registrar that the following requirements
have been met:
(
a) the general requirements specified in
section 2;
(
b) the academic requirements under
section 9.
Requirements for registration as a registered
professional forest technologist
8 An applicant for registration for the purposes of
section 22 of the
Act as a registered professional forest technologist must provide to the
Registrar evidence satisfactory to the Registrar that the following
requirements have been met:
(
a) the general requirements specified in
section 2;
(
b) the academic requirements under
section 9;
(
c) the experience requirements under
section 10;
(
d) the grade or performance requirements prescribed by the
Council on the professional examination.
Academic requirements for a forest
technologist-in-training and a registered
professional forest technologist
9 The academic requirements for the purposes of
section 22(2)(
a) of
the Act for a forest technologist-in-training and a registered
professional forest technologist consist of
(
a) a diploma or applied degree in forestry or environmental
sciences from a post-secondary education program approved
by the Council with credit in all of the core competency areas
related to the practice of forestry required by the Council, or
(
b) meeting the grade or performance requirements prescribed by
the Council on courses and examinations approved by the
Council in all of the core competency areas required by the
Council.
Experience requirements for a registered
professional forest technologist
10 The experience required for the purposes of
section 22(2)(
a) of the
Act to become a registered professional forest technologist is
(
a) the completion of 24 months of accumulated mentorship in
the practice of forestry, or
(
b) subject to any policies approved by the Council, evidence of
experience substantially equivalent to the requirements
referred to in clause (a).
Other Evidence of Competence
Forestry professionals from other
professional regulatory organizations
11(1) For the purposes of
section 22(2)(
b) of the Act, if an applicant
for registration as a registered professional forester or a registered
professional forest technologist is registered by a professional
regulatory organization in a province or territory that is a signatory to
one or more domestic trade agreements in force in Alberta, the
applicant must provide satisfactory evidence to the Registrar that the
applicant meets the grade or performance requirements prescribed by
the Council on the professional examination.
(2) An applicant who is attempting to meet the requirements of
subsection (1) may apply to the Registrar for registration on the
Registered Professional Foresters Conditional Register or the
Registered Professional Forest Technologists Conditional Register.
Registration of other applicants
12(1) For the purposes of
section 22(2)(
c) of the Act, an applicant for
registration under a category of regulated members may provide
evidence of competence and be registered in a register established
under
section 18 by providing to the registration committee
satisfactory evidence of any of the following or a combination of the
following:
(
a) grades or performance achieved in academic, educational and
other relevant studies substantially equivalent to that required
section 5 or 9;
(
b) experience substantially equivalent to the experience required
section 6 or 10;
(
c) successful completion of any course, examination or
experience prescribed by the registration committee to
demonstrate substantially equivalent competence to the
experience required in
section 6 or 10;
(
d) registration as an active member in good standing with an
organization that is relevant to the forestry profession and
recognized by the Council;
(
e) relevant professional development activities completed;
(
f) other relevant qualifications, accomplishments, abilities and
competencies.
(2) For the purposes of subsection (1), the evidence must be presented
in writing and may be supplemented by personal representations from
the applicant or from other individuals, at the request of the
registration committee.
Practice Permits and Continuing
Competence Program
Conditions on practice permits
of regulated members
13 One or more of the following conditions may be imposed on a
practice permit of a regulated member by the registration committee or
by the competence committee:
(
a) completion of any examinations, testing, assessment,
mentorship, experience or counselling;
(
b) a requirement to practise under the supervision of a
registered professional forester or a registered professional
forest technologist registered in Alberta;
(
c) a requirement to limit a regulated member's practice to
specified practice areas or practice settings and a prohibition
from practising in other practice areas or practice settings;
(
d) a provision that the regulated member may only use specified
titles;
(
e) a provision prohibiting the supervision of regulated
members;
(
f) completion of the continuing competence requirements
within a specified time;
(
g) a requirement to report to the Registrar on specified matters
on specified dates;
(
h) a provision that the practice permit is valid only for a
specified time.
Renewal of practice permit
14 Any regulated member, except for members registered in the
Registered Professional Foresters Temporary Register and the
Registered Professional Forest Technologists Temporary Register,
applying for a practice permit renewal must provide evidence
satisfactory to the Registrar that the applicant
(
a) continues to meet the requirements of
section 2,
(
b) continues to meet the requirements of
section 16,
(
c) has paid the membership dues as prescribed by Council, and
(
d) has provided any information required by the Act or the
regulations.
Reinstatement
15(1) An investigated person whose registration or practice permit
was cancelled under
Part 4 of the Act must comply with all orders or
any conditions specified by the hearing tribunal, the Council or the
Court of Appeal, as the case may be, before being entitled to apply for
reinstatement of registration or of a practice permit.
(2) Unless otherwise provided in the Act or this Regulation, an
investigated party whose registration or practice permit was cancelled
under
Part 4 of the Act may not apply to the registration committee for
reinstatement within one year of the cancellation.
(3) An applicant for reinstatement referred to in subsection (1) must
(
a) comply with the requirements of this section,
(
b) provide satisfactory evidence to the registration committee of
meeting the requirements of
section 2(2),
(
c) meet any education requirements specified by the registration
committee,
(
d) pay a reinstatement fee as provided by the bylaws, and
(
e) satisfy any other terms or conditions specified by the
registration committee.
(4) The registration committee may order the reinstatement of a
registration or practice permit cancelled under
Part 4 of the Act if all
orders have been complied with and any conditions set at the time of
the cancellation have been met.
(5) Sections 23 to 26 of the Act apply to all applications for
reinstatement of registration and sections 34 and 35 of the Act apply to
all applications for reinstatement of a practice permit after
cancellation.
Continuing competence requirements
16 Regulated members must
(
a) comply with the continuing competence program
requirements as approved by the Council,
(
b) maintain accurate and complete records of activities in the
continuing competence program as approved by the Council,
and
(
c) on request of the competence committee submit
documentation in a form as approved by the Council
demonstrating compliance with the continuing competence
program.
Categories of Regulated Members,
Registers and Use of Titles,
Abbreviations and Initials
Categories of regulated members
17 The following categories of regulated members are established:
(
a) registered professional forester;
(
b) registered professional forest technologist;
(
c) forester-in-training;
(
d) forest technologist-in-training.
Registers established
18(1) The following registers are established:
(
a) the Registered Professional Foresters Register;
(
b) the Registered Professional Forest Technologists Register;
(
c) the Foresters-in-training Register;
(
d) the Forest Technologists-in-training Register;
(
e) the Registered Professional Foresters Conditional Register;
(
f) the Registered Professional Forest Technologists Conditional
Register;
(
g) the Registered Professional Foresters Temporary Register;
(
h) the Registered Professional Forest Technologists Temporary
Register.
(2) Those applicants who have met all of the requirements for
registration as a registered professional forester must be entered into
the Registered Professional Foresters Register.
(3) Those applicants who have met all of the requirements for
registration as a registered professional forest technologist must be
entered into the Registered Professional Forest Technologists Register.
(4) A regulated member who is a forester-in-training must be entered
into the Foresters-in-training Register.
(5) A regulated member who is a forest technologist-in-training must
be entered into the Forest Technologists-in-training Register.
Conditional registers
19(1) An applicant referred to in
section 11(2) who has satisfied all
the registration requirements except for passing the professional
examination and has applied to write the professional examination, or
is waiting for the results of the professional examination, may be
entered into the Registered Professional Foresters Conditional Register
or the Registered Professional Forest Technologists Conditional
Register.
(2) A regulated member entered in the Registered Professional
Foresters Conditional Register or the Registered Professional Forest
Technologists Conditional Register is entitled to hold a practice permit
until one of the following occurs, whichever is earliest:
(
a) the regulated member is entered in the Registered
Professional Foresters Register or Registered Professional
Forest Technologists Register;
(
b) the regulated member is unsuccessful for the 3rd time in the
professional examination;
(c) 24 months has elapsed from the date the regulated member
was entered in the Registered Professional Foresters
Conditional Register or the Registered Professional Forest
Technologists Conditional Register.
(3) If the applicant meets the requirements of subsection 2(
b) or (c),
the applicant will move to the Foresters-in-training Register or the
Forest Technologists-in-training Register.
(4) A regulated member entered in the Registered Professional
Foresters Conditional Register or the Registered Professional Forest
Technologists Conditional Register may apply to the Registrar to be
entered in the Registered Professional Foresters Register or Registered
Professional Forest Technologists Register and for a practice permit
without conditions by providing to the Registrar evidence that the
regulated member has successfully completed the professional
examination.
Temporary registers
20(1) An applicant may be entered in a temporary register if the
applicant provides evidence satisfactory to the registration committee
(
a) that the applicant's primary residence is outside Alberta,
(
b) that the applicant complies with the requirements of
section
(
c) that the applicant is competent,
(
d) why registration is required and the period of time for which
it is requested, and
(
e) that the applicant is a registered professional forester or a
registered professional forest technologist in good standing
with another professional regulatory organization.
(2) An applicant who is entered in a temporary register is entitled to
hold a practice permit until one of the following occurs, whichever is
earliest:
(
a) the term of the practice permit necessary to complete the
purpose for which registration is granted has expired;
(
b) a period of not more than 12 consecutive months has elapsed;
(
c) the applicant is no longer a registered professional forester or
a registered professional forest technologist in good standing
with another professional regulatory organization.
Use of title
21(1) Only regulated members entered in the Registered Professional
Foresters Register, Registered Professional Foresters Conditional
Register or Registered Professional Foresters Temporary Register may
use the following titles, abbreviations and initials:
(a) "Registered Professional Forester", "R.P.F." or "RPF";
(b) "Registered Forester", "R.F." or "RF";
(c) "Professional Forester", "P.For." or "PFor".
(2) Only regulated members entered in the Foresters-in-training
Register may use the following title, abbreviations and initials:
"Forester-in-training", "F.I.T." or "FIT".
(3) Only regulated members entered in the Registered Professional
Forest Technologists Register, Registered Professional Forest
Technologists Conditional Register or Registered Professional Forest
Technologists Temporary Register may use the following titles,
abbreviations and initials:
(a) "Registered Professional Forest Technologist", "R.P.F.T." or
"RPFT";
(b) "Registered Forest Technologist", "R.F.T." or "RFT";
(c) "Professional Forest Technologist", "P.For.Tech." or
"PForTech".
(4) Only regulated members entered in the Forest
Technologists-in-training Register may use the following title,
abbreviations and initials:
"Forest Technologist-in-training", "F.T.T." or "FTT".
(5) If the practice permit or registration of a regulated member has
been suspended or cancelled under the Act, the member must not use
any of the protected titles, abbreviations or initials of the profession
during the period of suspension or after cancellation.
Part 2
Public Information
Information in register
22 Following the suspension or cancellation of a regulated member's
registration or practice permit, the following information must be
entered into the appropriate register:
(
a) the date of suspension or cancellation;
(
b) the period of suspension;
(
c) the reason for the suspension or cancellation.
Register information
23 For the purposes of
section 28(2) of the Act, the following
information about regulated members or former members may be
released to a member of the public during regular business hours on
request:
(
a) date of registration;
(
b) category of regulated member;
(
c) basis of qualification for registration;
(
d) name of the regulated member's current employer or firm in
which the regulated member has a proprietary interest;
(
e) business phone number, fax number and e-mail address;
(
f) current status of a specific complaint, but only if the request
provides the regulated member's name and details of the
complaint;
(
g) any other information requested if the information is in the
possession of the Association and the regulated member or
former regulated member authorizes its release in writing.
Information provided by regulated members
24(1) The Registrar may require applicants for registration and
regulated members applying for practice permits to provide the
following information:
(
a) the applicant's demographic and forestry practice
information, including
(
i) full name and previous surname,
(ii) preferred form of address,
(iii) date of birth,
(iv) home address, phone number, fax number and e-mail
address,
(
v) academic and practical training qualifications and where
and when they were obtained,
(vi) areas of practice and any specialties, and
(vii) the language or languages in which the applicant
provides professional services;
(
b) employment information, including
(
i) the employer's name,
(ii) the employer's full address, phone number, fax number
and e-mail address,
(iii) job title,
(iv) position description,
(
v) employment status, specifically full-time or part-time,
and
(vi) the start date of the applicant's current employment.
(2) The Registrar may require applicants for registration or regulated
members applying for practice permits to authorize the release of
information in order to verify the information provided by the
applicants or regulated members.
(3) Applicants and regulated members may, on request, review their
records at the Association for the purpose of ensuring the information
kept by the Association in accordance with the Act and the bylaws is
correct.
Maintenance of information
25 The Association must maintain the following information for at
least 10 years:
(
a) information respecting suspension or cancellation of a
practice permit and any conditions imposed on the regulated
member's practice permit;
(
b) information respecting whether a hearing is scheduled to be
held or has been held under
Part 4 of the Act;
(
c) other information authorized by
section 89 of the Act and by
the bylaws under
section 89(1) of the Act;
(
d) a copy of the ratified settlement and for information on the
decision and record of the hearing under
section 74(3) of the
Act;
(
e) information maintained in accordance with
section 27(3) and
(4) of the Act.
Providing information
26(1) The Association must provide the following information to a
member of the public who requests such information in accordance
with
section 89(3) of the Act:
(
a) information referred to in
section 27(3) of the Act while an
individual is a regulated member and for a period of 2 years
after the individual ceases to be a regulated member;
(
b) information referred to in
section 74(3) of the Act for a
period of 5 years from the date of the hearing;
(
c) information with respect to whether a hearing is scheduled to
be held or has been held under
Part 4 of the Act with respect
to a named regulated member until the hearing is completed.
(2) Except as specifically noted in subsection (1), the Association
must provide information referred to in
section 89(3) of the Act for a
period of 5 years.
Duties of the complaint inquiry
committee chair
27 On receipt of a complaint, the chair of the complaint inquiry
committee acting alone may
(
a) encourage the complainant and the investigated person to
communicate with each other and resolve the complaint,
(
b) with the consent of the complainant and the investigated
person, attempt to resolve the complaint,
(
c) make a referral to the alternative complaint resolution
process under
Part 4 of the Act,
(
d) make a decision under
section 28, or
(
e) refer a complaint to the complaint inquiry committee as a
whole for decision.
Powers of the complaint inquiry
committee chair
28 For the purposes of
section 45(2.1) of the Act, the chair of the
complaint inquiry committee may sit alone to hear and decide the
following matters:
(
a) dismiss the complaint if satisfied that the complaint is trivial
or vexatious;
(
b) dismiss the complaint if satisfied that there is insufficient
evidence of unprofessional conduct;
(
c) dismiss the complaint if the conduct is not within the
jurisdiction of the complaint inquiry committee.
Part 3
Alternative Complaint
Resolution Process
Alternative complaint resolution
29(1) The person conducting an alternative complaint resolution
process must
(
a) be acceptable to the investigated person and the complainant,
and
(
b) by written agreement, establish the procedures to be used in
the alternative complaint resolution process in consultation
with the investigated person and the complainant.
(2) A written agreement made pursuant to subsection (1) must be
signed by the investigated person, the complainant and a representative
of the Association before the alternative complaint resolution process
commences.
Part 4
Repeals and Coming into Force
Repeals
30(1) The Registered Professional Foresters Regulation
(AR 75/2002) is repealed.
(2) The Registered Professional Forest Technologists Regulation
(AR 76/2002) is repealed.
Coming into force
31 This Regulation comes into force on the coming into force of the
Regulated Forestry Profession Amendment Act, 2017.
--------------------------------
Alberta Regulation 50/2019
Agricultural Societies Act
AGRICULTURAL SOCIETIES REGULATION
Filed: June 4, 2019
For information only: Made by the Lieutenant Governor in Council (O.C. 106/2019)
on June 4, 2019 pursuant to
section 44 of the Agricultural Societies Act.
Table of Contents
1 Definition
2 Designation as societies and exemption
3 Reports and statements presented at
annual general meeting
4 Annual return
5 Requirements for bylaws
6 Membership bylaws
7 Society meetings bylaws
8 Quorum bylaws
9 Voting bylaws
10 Bylaws governing board of directors
11 Financing bylaws
12 Code of conduct
13 Exemption from
section 28
14 Repeal
15 Coming into force
Definition
1 In this Regulation, "professional accounting firm" means a person
who is registered as a professional accounting firm in accordance with
Part 3 of the Chartered Professional Accountants Act.
Designation as societies and exemption
2 The following organizations are designated as societies for the
purpose of the Act but are exempt from the application of the Act,
except
section 3, and the regulations:
(
a) Calgary Exhibition and Stampede Limited;
(
b) Edmonton Northlands;
(
c) Westerner Exposition Association;
(
d) Medicine Hat Exhibition and Stampede Company Ltd.;
(
e) Lethbridge and District Exhibition.
Reports and statements presented at annual general meeting
3(1) The financial statements presented under
section 18(2) of the Act
to the annual general meeting of a society must be an audit
engagement report or a review engagement report prepared by a
professional accounting firm.
(2) In addition to the financial statements required under
section 18(2)
of the Act, the directors of a society shall present the following reports
and statements to the annual general meeting of a society:
(
a) a report on the implementation of the previous year's
business plan;
(
b) the minutes of the previous annual general meeting, for the
purpose of being adopted by the society;
(
c) for every committee of the society, a report of the committee
respecting its activities during the past year.
Annual return
4(1) A society shall make its annual return to the Director in
accordance with
section 26.1 of the Act by February 15.
(2) The financial statements contained in the annual return must be an
audit report or a review engagement report prepared by a professional
accounting firm.
(3) In addition to the information and financial statements required
under
section 26.1(1) of the Act, the annual return made by a society
must contain the following:
(
a) an activities report in a form approved by the Director,
signed by 2 directors of the society;
(
b) a copy of the minutes of the most recent annual general
meeting;
(
c) a copy of the minutes of the 2nd most recent annual general
meeting, as adopted at the most recent annual general
meeting and signed by 2 directors of the society;
(
d) evidence in a form satisfactory to the Director that the society
achieved quorum for its most recent annual general meeting.
Requirements for bylaws
5 Effective 3 years from the date of coming into force of
section
27(5) of the Act, the bylaws of a society must comply with sections 6
to 11.
Membership bylaws
6 The bylaws of a society must
(
a) set out one or more classes of membership and, for each class
set out, specify the eligibility criteria for membership,
(
b) specify any circumstances during which the sale of new
memberships must be suspended,
(
c) provide for the payment of a membership fee and other
applicable conditions of membership, and
(
d) set out the manner by which, and the criteria, if any, for
determining when, an individual's membership may be
suspended or cancelled.
Society meetings bylaws
7(1) The bylaws of a society must
(
a) set out the method to be used to notify the members, and the
public in the area in which the society operates, of meetings
of the society, and
(
b) specify what items must be included on the agenda for an
annual general meeting.
(2) The bylaws of a society must set out a process by which a meeting
of the society to address any matter of serious concern may be initiated
by no fewer than 10 members if those members, after bringing the
matter to the directors' attention, are not satisfied by the way the
directors propose to address it.
Quorum bylaws
8 The bylaws of a society must specify the quorum for a meeting of
the society and for a meeting of the board of directors.
Voting bylaws
9 The bylaws of a society must govern the voting, including voting
by proxy, by members at meetings of the society.
Bylaws governing board of directors
10(1) The bylaws of a society must
(
a) specify the number of directors,
(
b) provide for the appointment or election and the removal of
directors,
(
c) specify the term of office of a director,
(
d) set out the maximum number of consecutive terms or
consecutive years of service a director may serve,
(
e) set out the procedure by which vacancies on the board of
directors that occur in between annual general meetings may
be filled, and
(
f) establish the titles, duties and functions of the officers of the
society and provide for the selection and removal of officers.
(2) The bylaws of a society must
(
a) set out the process for calling and giving notice of a meeting
of the board of directors,
(
b) set out how a director may participate in a meeting of the
board of directors, which may include, without limitation,
participation in person, by telephone or by video conference,
(
c) set out which directors are eligible to vote on matters being
considered by the board of directors,
(
d) specify how frequently meetings of the board of directors are
to be held,
(
e) set out how the minutes of each meeting of the board of
directors are to be reported,
(
f) set out the process for calling and giving notice of an
emergency meeting of the board of directors, and
(
g) for the purpose of calling an emergency meeting of the board
of directors, determine what constitutes an emergency.
(3) The bylaws of a society must
(
a) provide for the establishment and disestablishment of
committees, and
(
b) set out the governance structure for committees.
Financing bylaws
11 The bylaws of a society must
(
a) set out the process by which the board of directors appoints
individuals to jointly exercise the signing authority for the
society, and
(
b) specify the maximum amount for which the signing
authorities are authorized to sign.
Code of conduct
12(1) A society shall establish a code of conduct for its members,
officers, directors and employees.
(2) A code of conduct must include provisions respecting conflicts of
interest.
(3) Every member, officer, director and employee of a society shall
comply with the society's code of conduct.
(4) Every officer, director and employee of the society shall read the
code of conduct and sign an acknowledgement that the officer, director
or employee has read and will comply with the code of conduct.
Exemption from
section 28
13 The Lloydminster Agricultural Exhibition Association Limited is
exempt from the application of
section 28(1) of the Act.
Repeal
14 The Agricultural Societies Financial Statement Regulation
(AR 233/96) is repealed.
Coming into force
15 This Regulation comes into force on the coming into force of
section 32 of the Agricultural Societies Amendment Act, 2015.
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Alberta Regulation 51/2019
Electric Utilities Act
INDEPENDENT POWER AND SMALL POWER REPEAL REGULATION
Filed: June 4, 2019
For information only: Made by the Lieutenant Governor in Council (O.C. 108/2019)
on June 4, 2019 pursuant to
section 142 of the Electric Utilities Act.
1 The Independent Power and Small Power Regulation
(AR 111/2003) is repealed.
Alberta Regulation 52/2019
Mines and Minerals Act
INNOVATIVE ENERGY TECHNOLOGIES REPEAL REGULATION
Filed: June 4, 2019
For information only: Made by the Lieutenant Governor in Council (O.C. 109/2019)
on June 4, 2019 pursuant to sections 5 and 36 of the Mines and Minerals Act.
1 The Innovative Energy Technologies Regulation
(AR 250/2004) is repealed.
2(1) The Natural Gas Royalty Regulation, 2009
(AR 221/2008) is amended by this section.
(2) Section 1(1)(
z) is repealed.
(3) Sections 17(7) and 19(4) are amended by striking out "or
in respect of IETP costs".
(4) Schedule 1 is amended in
section 7
(
a) in subsection (1) by striking out "firstly, the cost of
conservation gas of the royalty client for the production
month, and secondly, any IETP costs established and
allocated to the royalty client in the month following the
production month" and substituting "the cost of
conservation gas of the royalty client for the production
month";
(
b) in subsection (3) by striking out "or by any IETP
costs";
(
c) in subsection (4) by striking out "or in respect of any
IETP costs".
3(1) The Natural Gas Royalty Regulation, 2017
(AR 211/2016) is amended by this section.
(2) Section 1(1)(
y) is repealed.
(3) Sections 18(7) and 20(4) are amended by striking out "or
in respect of IETP costs".
(4) Schedule 1 is amended in
section 9
(
a) in subsection (1) by striking out "firstly, the cost of
conservation gas of the royalty client for the production
month, and secondly, any IETP costs established and
allocated to the royalty client in the month following the
production month" and substituting "the cost of
conservation gas of the royalty client for the production
month";
(
b) in subsection (3) by striking out "or by any IETP
costs";
(
c) in subsection (4) by striking out "or in respect of any
IETP costs".
4(1) The Oil Sands Royalty Regulation, 1997 (AR 185/97) is
amended by this section.
(2) Section 1(
a) is repealed.
(3) Section 18(1)(b)(i.1) is repealed.
(4) Section 31 is amended
(
a) by repealing subsections (3.1) and (3.2);
(
b) by repealing subsection (4)(
b) and substituting the
following:
(
b) the amount, if any, remaining after subtracting the
aggregate amount referred to in clause (a).
(5) Schedules 1 and 2 are amended in
section 3(j)(ii) by
striking out "or in the form of a reduction of royalty, royalty
proceeds or royalty compensation by virtue of allocable costs".
5(1) The Oil Sands Royalty Regulation, 2009 (AR 223/2008)
is amended by this section.
(2) Section 1(1)(
o) is repealed.
(3) Section 15(3)(
b) is repealed.
(4) Section 33 is amended
(
a) by repealing subsections (4) and (5);
(
b) by repealing subsection (6)(
b) and substituting the
following:
(
b) the amount, if any, remaining after subtracting the
aggregate amount referred to in clause (a).
6(1) The Oil Sands Tenure Regulation, 2010 (AR 196/2010)
is amended by this section.
(2) Schedule 1 is amended in
section 4(3)
(
a) in clause (
b) by striking out "or in the form of a
reduction of royalty, royalty proceeds or royalty
compensation by virtue of allocable costs established under
the Innovative Energy Technologies Regulation
(AR 250/2004)";
(
b) by repealing clause (c).
7(1) The Petroleum Royalty Regulation, 2009 (AR 222/2008)
is amended by this section.
(2) Sections 1(1)(
e) and 7(1) and (2) are repealed.
8(1) The Petroleum Royalty Regulation, 2017 (AR 212/2016)
is amended by this section.
(2) Sections 1(1)(
d) and 9(1) and (2) are repealed.
9 This Regulation comes into force on September 30, 2019.
--------------------------------
Alberta Regulation 53/2019
Electric Utilities Act
Gas Utilities Act
CODE OF CONDUCT AMENDMENT REGULATION
Filed: June 7, 2019
For information only: Made by the Minister of Energy (M.O. 300/2019) on May 7,
2019 pursuant to sections 108 and 115 of the Electric Utilities Act and
section 28.1 of
the Gas Utilities Act.
1 The Code of Conduct Regulation (AR 58/2015) is
amended by this Regulation.
Section 7 is amended
(
a) by repealing subsections (1) and (2) and
substituting the following:
Advertising
7(1) If either the name or logo of an affiliated provider of a
distributor or regulated rate supplier is similar to the name or
logo of the distributor or regulated rate supplier, the affiliated
provider shall, in accordance with this section, include the
following statement on its website and in any advertising, other
than internet advertising, that markets energy services:
Customers are free to purchase natural gas services or
electricity services from a retailer of their choice. For a list
of retailers, visit ucahelps.alberta.ca or call 310-4822 (toll
free in Alberta).
(2) An entity, including a rural electrification association,
that carries on both the business of a distributor or regulated
rate supplier and the business of a retailer shall, in
accordance with this section, include the following statement
on its website and in any advertising, other than internet
advertising, that markets energy services:
Customers are free to purchase natural gas services or
electricity services from a retailer of their choice. For a
list of retailers, visit ucahelps.alberta.ca or call 310-4822
(toll free in Alberta).
(
b) in subsection (3) by striking out "or placed on the
internet".
3 This Regulation comes into force on August 1, 2019.
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Alberta Regulation 54/2019
Traffic Safety Act
VEHICLE EQUIPMENT (EXPIRY DATE EXTENSION)
AMENDMENT REGULATION
Filed: June 11, 2019
For information only: Made by the Minister of Transportation (M.O. 17/19) on June
10, 2019 pursuant to
section 81 of the Traffic Safety Act.
1 The Vehicle Equipment Regulation (AR 122/2009) is
amended by this Regulation.
Section 118 is amended by striking out "July 1, 2019" and
substituting "July 1, 2021".