C:GAZETTE19990915 II - Alberta · Apprenticeship and I ndustry Training Act SHEET METAL WORKER...

THE ALBERTA GAZETTE, PART II, SEPTEMBER 15, 1999

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Alberta Regulation 163/99

Apprenticeship and Industry Training Act

MILLWRIGHT TRADE AMENDMENT REGULATION

Filed: August 16, 1999

Made by the Alberta Apprenticeship and Industry Training Board pursuant to section 33(2)of the Apprenticeship and Industry Training Act.

1 The Millwright Trade Regulation (AR 289/93) is amended bythis Regulation.

2 Section 4(a) is repealed and the following is substituted:

(a) the completion of an Alberta grade 11 education with a finalpassing mark in Mathematics 20 or 23 or equivalent, or

3(1) The Schedule is amended by this section.

(2) Section 1 is amended by striking out “ “millwrightequipment” ” and substituting “ “millwright equipment andmachinery” ”.

(3) Section 2 is amended by striking out “millwright equipment”wherever it occurs and substituting “millwright equipment andmachinery”.

(4) Section 3 is amended

(a) in clauses (a), (b), (c), (d) and (h) by striking out“millwright equipment” and substituting “millwrightequipment and machinery”;

(b) in clause (g)

(i) by striking out “grinding” and substituting“milling”;

(ii) by striking out “millwright equipment” andsubstituting “millwright equipment and machinery”;

(c) by adding the following after clause (h):

(i) heating and cutting with oxy-acetylene equipment;

(j) tack welding with electric arc welding equipment;

(k) disconnecting, removing and installing electric motors,but does include the electrical hookup of electricalmotors.


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ROOFER TRADE AMENDMENT REGULATION



1 The Roofer Trade Regulation (AR 290/93) is amended bythis Regulation.

2 Section 5 is amended

(a) in subsection (1) by striking out “3 periods” andsubstituting “4 periods”;

(b) by adding the following after subsection (4):

(5) In the 4th period of the apprenticeship program an apprenticemust acquire not less than 1600 hours of on the job training.

3 Section 7(2) is amended by repealing clause (c) andsubstituting the following:

(c) 85% in the 3rd period of the apprenticeship program;

(d) 90% in the 4th period of the apprenticeship program.

4 A person who is an apprentice in the trade under the Roofer TradeRegulation (AR 290/93) at the time that this Regulation comes into forcemay complete the apprenticeship program in accordance with the RooferTrade Regulation (AR 290/93) as it read immediately before the cominginto force of this Regulation.

5 This Regulation comes into force on September 1, 1999.


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SAWFILER TRADE AMENDMENT REGULATION


Made by the Alberta Apprenticeship and Industry Training Board pursuant to section33(2) of the Apprenticeship and Industry Training Act.

1 The Sawfiler Trade Regulation (AR 316/94) is amended bythis Regulation.

2 Section 4(a) is repealed and the following is substituted:

(a) the completion of an Alberta grade 10 education with a finalpass mark in Mathematics 10 or 13 and English 10 or 13 orequivalent, or

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SHEET METAL WORKER TRADE AMENDMENT REGULATION



1 The Sheet Metal Worker Trade Regulation (AR 199/95) isamended by this Regulation.

2 Section 4(a) is amended by striking out “10, 13” andsubstituting “20”.


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TRANSPORT REFRIGERATION MECHANIC TRADEAMENDMENT REGULATION



1 The Transport Refrigeration Mechanic Trade Regulation(AR 134/94) is amended by this Regulation.

2 The title to the Regulation is amended by striking out“MECHANIC” and substituting “TECHNICIAN”.

3 Section 1(c) is amended by adding “and that is known underthis Regulation as the trade of Transport Refrigeration Technician” after“Apprenticeship and Industry Training Act”.

4 Section 5(1) is amended by striking out “12 months” andsubstituting “14 months”.

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Safety Codes Act

EXEMPTION AMENDMENT REGULATION


Made by the Minister of Municipal Affairs (M.O. SS: 003/99) pursuant to section 2(2) ofthe Safety Codes Act.

1 The Exemption Regulation (AR 199/96) is amended by thisRegulation.


(a) by striking out “Article 4.3.18.3 of the Alberta Fire Code,1992” and substituting “Article 4.3.17.3. of the Alberta FireCode, 1997” wherever it occurs;

(b) by striking out “before August 31, 1998” and substituting“before August 31, 1999”;


ALTA. REG. 168/99 SAFETY CODES

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(c) by striking out “to August 31, 1999” and substituting “toAugust 31, 2000”.

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Electric Utilities Act

BALANCING POOL REGULATION


Made by the Minister of Resource Development (M.O. 28/99) pursuant to section 45.97of the Electric Utilities Act.

Table of Contents

Interpretation 1Duties of Council 2Authority of balancing pool administrator 3Administrative powers and duties 4Non-administrative power and duties 5Amounts to be paid into balancing pool 6Amounts to be paid out of balancing pool 7Investments 8Prudent investment standards 9Statements and reports relating to balancing pool 10Liability of balancing pool limited 11Winding-up of balancing pool 12No change in law 13Paramountcy 14Expiry 15

Interpretation 1(1) In this Regulation,

(a) “Act” means the Electric Utilities Act;

(b) “arrangement” means

(i) a power purchase arrangement approved or varied by theBoard under section 45.91 of the Act,

(ii) a financial instrument referred to in section 45.94(2) ofthe Act, or

(iii) a financial settlement referred to in section 45.94(3) ofthe Act;


ALTA. REG. 169/99 ELECTRIC UTILITIES

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(c) “balancing pool administrator” means the person or personsappointed under section 2(1)(c);

(d) “balancing pool charge” means a financial obligation of thebalancing pool that is levied by the balancing pool administratoragainst customers for the purpose of satisfying the current orfuture obligations of the balancing pool;

(e) “balancing pool credit” means an amount disbursed from thebalancing pool by the balancing pool administrator for ultimatedistribution to customers;

(f) “Council” means the Power Pool Council;

(g) “derivatives”, in respect of a power purchase arrangement thatapplies to a generating unit listed in Part 1 of the Schedule tothe Act, means partial financial rights, interests and obligationsderived from the power purchase arrangement, where theunderlying commodity is electricity or electricity services, butdoes not include a transfer of the power purchase arrangementin whole or in part to the buyer of the derivative;

(h) “extraordinary event” means

(i) an event in respect of which an arrangement provides fora payment into or out of the balancing pool, or

(ii) an event that results in the termination of an arrangementin accordance with its terms and conditions and in thebalancing pool administrator becoming a party to thearrangement;

(i) “Minister” means the Minister of Resource Development;

(j) “party”, in respect of an arrangement, means

(i) the owner of the generating unit to which thearrangement applies,

(ii) the purchaser, where the power purchase arrangement issold at an auction referred to in section 45.93 of the Act,

(iii) the balancing pool administrator, where the arrangementis held by the balancing pool administrator in thecapacity of purchaser pursuant to the Power PurchaseArrangements Regulation (AR 170/99) or anotherregulation made under the Act, or

(iv) a successor to the person referred to in subclause (i), (ii)or (iii);

(k) “regulations” means this Regulation and any other regulationmade under the Act;



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(l) “rules of the balancing pool” means the rules, practices, policiesand procedures established by the Council under section 2(1)(b)that govern the administration of the balancing pool.

(2) A reference in this Regulation to the balancing pool administratorincludes a reference to any person referred to in section 3(2) when thebalancing pool administrator is making use of that person’s services.

Duties ofCouncil

2(1) The Council shall, before December 31, 1999,

(a) establish a separate financial account or accounts to be knownas the balancing pool,

(b) establish the rules of the balancing pool, and

(c) appoint a qualified person or persons to act as the balancingpool administrator.

(2) The Council may review and change the rules of the balancing poolor establish additional rules, if necessary, to promote the effectiveadministration of the balancing pool.

(3) Before establishing or changing rules under this section the Councilshall consult with persons whom it considers are affected by the rules.

Authority ofbalancing pooladministrator

3(1) The balancing pool administrator must carry out its powers andduties in the name of the Council and all powers and duties carried outby the balancing pool administrator or a person referred to in subsection(2) are deemed to have been carried out on behalf of the Council.

(2) To carry out the balancing pool administrator’s powers and duties,the balancing pool administrator may make use of the services of

(a) the staff of the Council, and

(b) persons having special technical or other knowledge or skills.

Administrativepowers andduties

4 The balancing pool administrator shall carry out the following powersand duties in accordance with the Act, the regulations and the rules of thebalancing pool:

(a) sign contracts, agreements and other instruments in respect ofthe balancing pool;

(b) make and maintain banking arrangements in respect of thebalancing pool;

(c) borrow money from any person or enter into overdraft or line ofcredit arrangements with a bank, treasury branch, credit union,loan corporation or trust corporation for the purpose of meeting



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obligations of the balancing pool as they become due, and givesecurity for the loan, overdraft or line of credit;

(d) draw, make, accept, endorse, execute or issue promissory notes,bills of exchange or other negotiable instruments in respect ofthe balancing pool;

(e) hire employees, consultants and advisors required in connectionwith the administration of the balancing pool and theperformance of the powers and duties of the Council and thebalancing pool administrator and determine the duties, terms ofengagement and remuneration of the employees, consultantsand advisors;

(f) determine the amount of any obligation or expenditure payableout of the balancing pool under section 7(1)(h);

(g) carry out any other duties that are necessary to administer thebalancing pool.

Non-administrativepowers andduties

5(1) The balancing pool administrator shall carry out the followingpowers and duties in accordance with the Act, the regulations, the rulesof the balancing pool and any arrangement:

(a) oversee the payment into the balancing pool of the amountsreferred to in section 6;

(b) oversee the payment out of the balancing pool of the amountsreferred to in section 7;

(c) determine the amounts of any balancing pool credits andbalancing pool charges;

(d) allocate balancing pool credits directly to customers orindirectly to customers through

(i) retailers,

(ii) wire services providers, or

(iii) the power pool administrator;

(e) levy balancing pool charges directly against customers oragainst customers through

(i) retailers,

(ii) wire services providers, or

(iii) the power pool administrator;



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(f) offer for sale to the public an arrangement held by the balancingpool administrator as a party to the arrangement;

(g) offer for sale to the public any derivatives created by thebalancing pool administrator pursuant to the Power PurchaseArrangements Regulation (AR 170/99);

(h) exercise any powers and perform any duties that accrue to thebalancing pool administrator as a party to an arrangement or tothe balancing pool under an arrangement;

(i) exercise or assign to a third party the right to exchange electricenergy through the power pool that arises as a result of thebalancing pool administrator being a party to an arrangement;

(j) on receipt of notice in respect of an extraordinary event from aparty to an arrangement or otherwise, assess and verify theoccurrence of the extraordinary event and the need for anypayment to be made into or out of the balancing pool by or to aparty under the provisions of the arrangement, and participatein any dispute resolution proceedings under an arrangementpursuant to subsection (3);

(k) where clause (j) applies, commence making payments set out inthe arrangement until the matters in question under clause (j)have been resolved, whether by agreement or in disputeresolution proceedings under subsection (3);

(l) make, defend, settle and withdraw claims and counterclaimsagainst the balancing pool relating to an arrangement that thebalancing pool administrator holds as a party to thearrangement;

(m) make, defend, settle and withdraw claims and counterclaimsagainst retailers, wire service providers, customers and anyother persons relating to the payment of balancing pool creditsor charges.

(2) Before acting under subsection (1)(j), the balancing pooladministrator must consult with the parties to the arrangement andrepresentatives of customers in respect of matters set out in subsection(1)(j).

(3) Notwithstanding the provisions of an arrangement, if

(a) a party to the arrangement disputes a determination by thebalancing pool administrator, or

(b) the balancing pool administrator disputes that an extraordinaryevent has occurred or that a payment into or out of balancingpool should be made under the provisions of the arrangement,



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the dispute must be resolved by the dispute resolution process set out inthe arrangement.

(4) Any payments or reimbursements required to be made resulting fromthe resolution of the matters in question under subsection (1)(j) arepayable on and from the date specified in the document setting out theresolution of the matters, together with interest on those amounts at thedefault interest rate set out in the arrangement, running from that dateuntil the amounts are paid.

(5) The amounts of payments and reimbursements referred to insubsection (4) must be shown in a separate billing among the parties.

Amounts to bepaid intobalancing pool

6 The following amounts must be paid into the balancing pool:

(a) any payment, fee, charge or other amount that is required by theAct or the regulations to be paid into the balancing pool;

(b) any payment, fee, charge or other amount that is required by anarrangement to be paid into the balancing pool, including anypayment that is required to be made as a result of the occurrenceof an extraordinary event or as the result of the resolution of adispute referred to in section 5(3);

(c) any balancing pool charge payable, directly or indirectly, by acustomer pursuant to billing;

(d) any money borrowed for the purpose of meeting the obligationsof the balancing pool;

(e) any principal, income, dividend or other amount received inconnection with investments made pursuant to section 8;

(f) any amount received by the balancing pool administrator inrespect of an arrangement held by the balancing pooladministrator as a party to the arrangement;

(g) any fine imposed by the Council in accordance with section9.5(1)(c) of the Act;

(h) any amount approved by the Board as payable into thebalancing pool for any period prior to an arrangement takingeffect;

(i) any other amount received in the course of the administration ofthe balancing pool, except an amount that is specified by theMinister as not being payable into the balancing pool.



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Amounts to bepaid out ofbalancing pool

7(1) The following amounts must be paid out of the balancing pool:

(a) any payment, fee, charge or other amount that is required by theAct or the regulations to be paid out of the balancing pool;

(b) any payment, fee, charge or other amount that is required by anarrangement to be paid out of the balancing pool, including anypayment that is required to be made as a result of the occurrenceof an extraordinary event or as the result of the resolution of adispute referred to in section 5(3);

(c) any balancing pool credit owing, directly or indirectly, to acustomer pursuant to billing;

(d) any principal or interest to be paid or repaid in connection withan amount borrowed for the purpose of meeting the obligationsof the balancing pool;

(e) money payable as the purchase price for investments madepursuant to section 8;

(f) any amount payable by the balancing pool administrator inrespect of an arrangement held by the balancing pooladministrator as a party to the arrangement;

(g) any amount approved by the Board as payable out of thebalancing pool for any period prior to an arrangement takingeffect;

(h) any other obligation or expenditure incurred in the course of theadministration of the balancing pool, except those that arespecified by the Minister as not being payable out of thebalancing pool.

(2) For the purposes of subsection (1)(h), no amount may be paid out ofthe balancing pool relating to obligations or expenditures incurred in thecourse of the administration of the power pool.

(3) Nothing in the Act, the regulations or an arrangement is to beconstrued so as

(a) to relieve an insurer from its obligations under a policy ofinsurance, or

(b) to require an amount otherwise recoverable under a policy ofinsurance to be paid out of the balancing pool.

Investments 8 Subject to section 9, the balancing pool administrator may invest anyamount in the balancing pool in any securities that the balancing pooladministrator considers appropriate and may from time to time vary anyof those investments.



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Prudentinvestmentstandards

9(1) The balancing pool administrator shall adhere to prudentinvestment standards in making investment decisions relating to and inmanaging the balancing pool.

(2) For the purposes of this Regulation, prudent investment standardsare those that, in the overall context of an investment portfolio, areasonably prudent person would apply to investments made on behalfof another person with whom there exists a fiduciary relationship tomake such investments without undue risk of loss or impairment andwith a reasonable expectation of fair return or appreciation.

Statementsand reportsrelating tobalancing pool

10 The Council shall

(a) keep full and accurate books of account and records of itsbusiness and affairs relating to the balancing pool,

(b) after the end of each year, prepare and have audited financialstatements relating to the activities of the balancing pool in thepreceding year,

(c) at any time when required to do so by the Minister, prepare andhave audited financial statements relating to

(i) any part of its business, and

(ii) any period

specified by the Minister, and

(d) after the end of each year, prepare and deliver to the Minister areport containing

(i) the audited financial statements referred to in clause (b),and

(ii) a summary of the activities of the Council and thebalancing pool administrator relating to the balancingpool in the year.

Liability ofbalancing poollimited

11 The balancing pool is not liable for any claims of creditors of theCouncil unless the claims arise directly from the obligation to make apayment out of the balancing pool under section 7.

Winding-up ofbalancing pool

12(1) The balancing pool administrator shall, subject to the approval ofthe Minister, wind up the balancing pool.

(2) The winding-up of the balancing pool

(a) must commence on or before December 31, 2020, and



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(b) must be completed not later than June 30, 2021.

No change inlaw

13 Neither,

(a) the enactment or implementation of this Regulation, nor

(b) the enactment or implementation of an amendment to thisRegulation before the Alberta Energy and Utilities Board hasapproved or varied the power purchase arrangements undersection 45.91 of the Act

shall be considered to be a “change in law” as defined in the powerpurchase arrangements.

Paramountcy 14 In the event that there is a conflict between the rules of the balancingpool and the Act or the regulations, the Act and regulations prevail.

Expiry 15 For the purpose of ensuring that this Regulation is reviewed forongoing relevancy and necessity, with the option that it may be repassedin its present or an amended form following a review, this Regulationexpires on July 31, 2004.`

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POWER PURCHASE ARRANGEMENTS REGULATION


Made by the Minister of Resource Development (M.O. 29/99) pursuant to section 45.97of the Electric Utilities Act.

Table of Contents

Definitions 1Power purchase arrangement for more than one generating unit 2Report 3Duties of Board 4Act not applicable 5Hydro unit power purchase arrangement 6Exchange of excess electric energy 7Balancing pool administrator deemed purchaser 8No change in law 9Expiry 10



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Definitions 1 In this Regulation,


(b) “auction” means an auction referred to in section 45.93 of theAct;

(c) “balancing pool administrator” means the person or personsappointed under section 2(1)(c) of the Balancing PoolRegulation (AR 169/99);

(d) “hydro unit” means a generating unit that is shown in Part 1 ofthe Schedule to the Act as being a hydro generating unit;

(e) “Part 1 units” means generating units listed in Part 1 of theSchedule to the Act;

(f) “Part 2 units” means generating units listed in Part 2 of theSchedule to the Act.

Powerpurchasearrangementfor morethan onegenerating unit

2 Notwithstanding section 45.5(2)(a) of the Act, the independentassessment team may, in the following circumstances, determine a powerpurchase arrangement that applies to more than one generating unit:

(a) where there is more than one generating unit at a power plant;

(b) where the generating units to which the power purchasearrangement is to apply are hydro units.

Report 3(1) The independent assessment team may prepare the report requiredunder section 45.9(1)(a) of the Act and provide the report to the Boardin several stages in accordance with subsections (2) and (3).

(2) The portion of the report relating to Part 2 units may be prepared andprovided to the Board after the portion of the report relating to Part 1units is prepared and provided to the Board.

(3) The portion of the report setting out any determination made by theindependent assessment team pursuant to section 45.5(2)(c) of the Actmay be prepared and provided to the Board after the balance of the reportrelating to Part 1 units is prepared and provided to the Board.

Duties ofBoard

4 Where the independent assessment team provides its report to theBoard in several stages in accordance with section 3, the Board maycarry out the duties set out in sections 45.9(2) and 45.91 of the Act inseveral stages, in each case following receipt of the relevant portion ofthe report from the independent assessment team.



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Act notapplicable

5 Section 45.4(4) and (5) of the Act do not apply to the owner of thefollowing generating units in respect of those generating units, andsection 45.5(2)(b) of the Act does not apply to the independentassessment team in respect of the following generating units:

(a) Rainbow #1;

(b) Rainbow #2;

(c) Rainbow #3.

Hydro unitpowerpurchasearrangement

6(1) In this section, “derivatives”, in respect of a power purchasearrangement that applies to a Part 1 unit, means partial financial rights,interests and obligations derived from the power purchase arrangementwhere the underlying commodity is electricity or electricity services, butdoes not include a transfer of the power purchase arrangement in wholeor in part to the buyer of the derivative.

(2) Notwithstanding section 45.93(1) of the Act, a power purchasearrangement that applies to a hydro unit

(a) is not to be offered for sale to the public at an auction, but isdeemed to have been sold to the balancing pool administrator atan auction, and

(b) is to be held by the balancing pool administrator in the capacityof a purchaser for all purposes of the Act, the regulations madeunder the Act and the power purchase arrangement.

(3) A power purchase arrangement that is held by the balancing pooladministrator under this section has effect in accordance with its termsand conditions.

(4) The balancing pool administrator who holds a power purchasearrangement under this section may create derivatives and offer thosederivatives for sale to the public.

(5) The regulations referred to in section 45.93(3) of the Act mayestablish rules relating to the creation and sale of derivatives.

(6) Section 45.94 of the Act does not apply in respect of the sale ofderivatives related to a hydro unit power purchase arrangement.

Exchange ofexcess electricenergy

7(1) A power purchase arrangement determined by the independentassessment team under section 45.5(2) of the Act for a generating unitmust include a determination of the manner in which excess electricenergy produced by the generating unit is to be exchanged by thepurchaser of the power purchase arrangement through the power pool forthe benefit of the owner of the generating unit.



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(2) Subsection (1) does not apply if the independent assessment teamhas determined pursuant to section 45.5(4) of the Act that the owner ofa generating unit retains the right to exchange electric energy associatedwith the power purchase arrangement through the power pool.

Balancing pooladministratordeemedpurchaser

8(1) Where

(a) no acceptable bids are received for a power purchasearrangement at an auction (other than a power purchasearrangement referred to in section 26 of the Generating UnitsRegulation (AR 72/99)),

(b) a power purchase arrangement is converted to a financialinstrument under section 45.94(2)(b) of the Act, or

(c) a power purchase arrangement is sold to a purchaser at anauction and the power purchase arrangement terminates otherthan pursuant to section 15.2 of the power purchasearrangement,

the power purchase arrangement

(d) is deemed to have been sold to the balancing pool administratorat an auction, and

(e) is to be held by the balancing pool administrator in the capacityof a purchaser for all purposes of the Act, the regulations madeunder the act and the power purchase arrangement.

(2) Where subsection (1) applies, the balancing pool administrator shallimmediately become entitled to the rights and be bound by theobligations of a purchaser and, from that time, the power purchasearrangement has effect in accordance with its terms and conditions, asamended from time to time in accordance with the arrangement, subjectto the following:

(a) sections 4.3(j), 7.3, 14.6, 15.3, 15.4 and 17.4 of the powerpurchase arrangement are deemed to be deleted;

(b) sections L3.1, L3.2(a), (c), (e) and (f), L3.4, L3.5 and L4.1 ofSchedule L of the power purchase arrangement are deemed tobe deleted;

(c) section 14.4 of the power purchase arrangement is deemed to bereplaced with the following:

14.4 During any period in which the Owner’s obligation toperform or comply with an obligation under this arrangement issuspended, the Monthly Capacity Payment shall be the sameamount as the Provisional Capacity Payment, notwithstandingany other provision of this arrangement.



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(3) The deletions and substitutions set out in subsection (2) apply onlyduring the period in which the balancing pool administrator holds thepower purchase arrangement in the capacity of a purchaser undersubsection (1).

(4) Where subsection (1) applies, the balancing pool administrator may,notwithstanding the terms and conditions of the power purchasearrangement, terminate the power purchase arrangement if the balancingpool administrator

(a) consults with representatives of customers and the Minister asto the reasonableness of the termination,

(b) gives 6 months notice, or any shorter period agreed to by theowner, of its intention to terminate to the owner of thegenerating unit to which the power purchase arrangementapplies, and

(c) pays to that owner or ensures that the owner receives an amountequal to the remaining closing net book value of the generatingunit, determined in accordance with the power purchasearrangement as if the generating unit had been destroyed, lessany insurance proceeds.

(5) On the balancing pool administrator’s termination of a powerpurchase arrangement under this section or on termination of a powerpurchase arrangement under section 15.2 of the power purchasearrangement, Part 4.1 of the Act ceases to apply to the generating unit towhich the power purchase arrangement applies.

No change inlaw

9 Neither,

(a) the enactment or implementation of this Regulation, nor

(b) the enactment or implementation of an amendment to thisRegulation before the Alberta Energy and Utilities Board hasapproved or varied the power purchase arrangements undersection 45.91 of the Act

shall be considered to be a “change in law” as defined in the powerpurchase arrangements.

Expiry 10 For the purpose of ensuring that this Regulation is reviewed forongoing relevancy and necessity, with the option that it may be repassedin its present or an amended form following a review, this Regulationexpires on July 31, 2004.


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Public Sector Penion Plans Act

PUBLIC SECTOR PENSION PLANS (LEGISLATIVE PROVISIONS)AMENDMENT REGULATION


Made by the Lieutenant Governor in Council (O.C. 318/99) pursuant to Schedule 1, section15(4) of the Public Sector Pension Plans Act.

1 The Public Sector Pension Plans (Legislative Provisions)Regulation (AR 365/93) is amended by this Regulation.

2 Section 49(1)(b)(iii) of Schedule 1 is amended by strikingout “$760 000” and substituting “$1 072 000”.

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Court of Appeal ActCourt of Queen’s Bench Act

Civil Enforcement Act

ALBERTA RULES OF COURT AMENDMENT REGULATION


Made by the Lieutenant Governor in Council (O.C. 320/99) pursuant to section 15 of theCourt of Appeal Act, section 18 of the Court of Queen’s Bench Act and sections 106 and107 of the Civil Enforcement Act.

1 The Alberta Rules of Court (AR 390/68) are amended by thisRegulation.

2 Section 16.1(2)(a) and (b) is amended by striking out “andprinted or otherwise produced in a readable form”.

3 Rules 186 to 199 are repealed and the following issubstituted:

Division 1Discovery of Records

Definition ofrecord

186 In this Part, “record” includes the physical representationor record of any information, data or other thing that is or iscapable of being represented or reproduced visually or by sound,or both.


ALTA. REG. 172/99 COURT OF APPEALCOURT OF QUEEN’S BENCH

CIVIL ENFORCEMENT

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When a recordor question isrelevant andmaterial

186.1 For the purpose of this Part, a question or record isrelevant and material only if the answer to the question, or if therecord, could reasonably be expected

(a) to significantly help determine one or more of the issuesraised in the pleadings, or

(b) to ascertain evidence that could reasonably be expectedto significantly help determine one or more of the issuesraised in the pleadings.

Affidavit ofrecords mustbe filed

187(1) Every party to proceedings must, within 90 days ofservice of the statement of defence, file and serve on all otherparties an affidavit of records, unless the Court grants an orderunder Rule 188.1 permitting a late filing or service of theaffidavit.

(2) A third party and a party served under Rule 69 who has fileda statement of defence must, within 90 days of that filing, file andserve on all other parties an affidavit of records, unless the Courtgrants an order under Rule 188.1 permitting a late filing of theaffidavit.

(3) A person for whose benefit an action is prosecuted ordefended, or the assignor of a chose in action upon which theaction is brought, is to be considered as a party to the proceedingsfor the purposes of discovery of records.

(4) Rule 548 does not apply to a time limit specified in this Rule.

Contents ofaffidavit ofrecords

187.1(1) The affidavit of records must be made by the party tothe proceedings or, in the case of a corporation, by an officer ofthe corporation, or by any other person directed by the Court.

(2) The affidavit of records must disclose relevant and materialrecords and must also specify

(a) which of those records are in the possession, custody orpower of the party making the affidavit,

(b) which of those records, if any, the party objects toproduce and the grounds for the objection,

(c) with respect to the records,

(i) which records the party has had in their possession,custody or power,



CIVIL ENFORCEMENT

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(ii) the time when, and the manner in which, theyceased to be in their possession, custody or power,and

(iii) the present whereabouts of the records,

so far as the party making the affidavit can so state,either from personal knowledge or on information orbelief, and

(d) that the party has not and has never had any otherrelevant and material records in their possession,custody or power, so far as the party knows or believes.

(3) If a party has not and has never had any relevant and materialrecords in their possession, custody or power, so far as the partyknows or believes, the affidavit must state that fact.

Records forinspection

188(1) In respect of those records to which there is no objectionto production, there must be endorsed on the affidavit of recordsa notice stating

(a) the time when the record may be inspected, being nolater than 10 days after the day the affidavit is served,and

(b) the place at which the record may be inspected, which,unless otherwise ordered, is to be the address for serviceof the party making the affidavit.

(2) Despite subrule (1), a record in constant use may be producedfor inspection at the place at which it is usually kept.

(3) A record may be inspected again from time to time, onreasonable notice to the party producing it.

Late filing ofaffidavit ofrecords

188.1(1) On application, the Court may grant an order undersubrule (2) if it is satisfied that

(a) a case is complex,

(b) the volume or location of records requires it, or

(c) other sufficient reason exists.

(2) The Court may grant

(a) an order permitting late, or requiring early, filing orservice of an affidavit of records, and



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(b) if necessary, an order permitting commencement ofexaminations for discovery without the filing of anaffidavit of records.

Affidavit ofrecords mustprecedediscoveries

189 A party is not entitled to conduct an examination fordiscovery until that party has filed and served an affidavit ofrecords, or is otherwise permitted to commence examination byorder of the Court under Rule 188.1(2)(b).

Very long trialactions

189.1 In a very long trial action, the case management judgemay establish a mechanism for the production or description ofthe records in the affidavit of records when the number, nature orlocation of the records makes production or description in thenormal course unduly expensive or cumbersome.

Costs forfailing to fileaffidavit ofrecords

190(1) A party who

(a) fails to serve an affidavit of records in accordance withRule 187,

(b) fails to serve an affidavit of records in accordance withan order of the Court made under Rule 188.1, or

(c) applies under Rule 188.1 after the time for filing anaffidavit of records expires

is liable to pay a penalty in costs to the party adverse in interestof 2 times item 3(1) of Schedule C, or such larger amount as theCourt may determine, irrespective of the final outcome of theproceeding.

(2) If there is more than one party adverse in interest, the Courtmay determine the share of costs to be paid to each.

(3) Costs imposed under this Rule are taxable and payableforthwith.

Sanctions forfailure to fileaffidavit ofrecords

190.1 If a party fails to serve an affidavit of records inaccordance with Rule 187 or in accordance with an order of theCourt made under Rule 188.1, the Court may on application byany other party

(a) strike out all or any of the pleadings of the party indefault, or

(b) impose any other sanction, including an order underRule 599.1.



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Failure toproduce arecord

191 If a party does not produce a record specified in an affidavitof records, the party wishing to inspect it may apply to the Courtfor an order for inspection.

Admission ofrecords inevidence

192(1) A party on whose behalf an affidavit of records is madeunder this Division, and a party on whom an affidavit of recordsis served under this Division, are both deemed to admit that

(a) the records specified or referred to in the affidavit areauthentic, and

(b) if a copy of a letter, memorandum or other messagepurports or appears to have been sent, the original wassent and received by the addressee.

(2) Subrule (1)

(a) does not apply if the court otherwise orders;

(b) does not apply if the recipient of the affidavit objects inaccordance with subrule (3);

(c) is without prejudice to the right of any party to object tothe admission in evidence of a record.

(3) The recipient of an affidavit of records is not deemed to makethe admission referred to in subrule (1) if, within 30 days ofreceipt of the affidavit, the recipient serves notice on the partyserving the affidavit that the fact in question is disputed and thatit must be proven at trial.

(4) A party on whose behalf an affidavit of records is servedunder this Division must produce at the examination fordiscovery, the pre-trial conference, and at trial, those records thatare stated in the affidavit to be in that party’s possession, custodyor power.

(5) If a party denies the authenticity or receipt or dispatch of arecord, and the authenticity, receipt or dispatch, as the case maybe, is proven, the Court must take into account the denial inexercising its discretion as to costs.

(6) This Rule does not apply to a record the authenticity orreceipt or dispatch of which the party has denied in theirpleadings.

Inspection ofrecords

193(1) A party is entitled to

(a) inspect any record referred to in the pleadings,particulars or affidavits of any other party and in that



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party’s possession, custody or power, by making ademand for production, and

(b) take copies of the record when so produced.

(2) Subrule (1) does not apply to a record referred to in anaffidavit of records, the production of which is objected to in theaffidavit.

Time and placefor inspection

194 The party upon whom the demand for production is mademust, within three days of receiving it, deliver to the partymaking the demand a notice stating a reasonable time, within 3days from the delivery of that notice, at which the records may beinspected at their lawyer’s office, or, in the case of records inconstant use referred to in Rule 188(2), at the place they areusually kept.

Order ofinspection

195 If the party served with the demand for production omits togive notice of a time for inspection or omits or objects to give theinspection, the party desiring it may apply to the Court for anorder of inspection.

Order forfurther andbetter affidavit

196(1) On application, if the Court is satisfied that

(a) a relevant and material record in the possession, custodyor power of a party has been omitted from an affidavit ofrecords, or

(b) a claim of privilege has been improperly made in respectof the record,

the Court may order a further and better affidavit and imposeother sanctions, including an order under Rule 599.1.

(2) If on the application a claim of privilege is made for a record,the Court may inspect the record for the purpose of deciding thevalidity of the claim, and consider all evidence which may beadduced tending to establish or destroy the claim of privilege.

(3) On an application under this Rule, the Court may permitcross-examination on the original and on any subsequentaffidavit of records.

Use of omittedrecords

197(1) A party omitting to mention any record in their affidavitof records, or a party not producing any record in compliancewith a valid demand made under this Part, may not afterwards usethe record in evidence, unless the Court is satisfied that the partyhad sufficient cause for the omission or nonproduction.

(2) If, after a party has filed an affidavit of records, the partydiscovers, creates or comes into possession, custody or power of



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a relevant and material record not previously disclosed, the partymust immediately give notice of it to all other parties, and must,on request, supply the other parties with a copy of it, but in anycase the Court may permit the record to be given in evidenceupon such terms as to costs or otherwise as may be just.

Productiondoes notacknowledgeadmissibility ofa record

198 The disclosure or production of a record under this Partalone is not to be considered as an agreement or acknowledgmentof the relevance or admissibility of the record.

Impoundingrecords

199 A record produced to a Court may be ordered to beimpounded, and after impoundment it may not be inspected,except by leave of the Court.

4 The heading before Rule 200 “Examination for Discovery”is struck out and the following is substituted:

Division 2Examination for Discovery

5 Rule 200 is amended by repealing subrule (1) andsubstituting the following:

Officers oremployees ofcorporation

200(1) Before trial, a party to proceedings may orally examineunder oath, without an order of the Court,

(a) any other party to the proceedings who is adverse ininterest,

(b) if the other adverse party is a corporation, one or moreofficers of the corporation, and

(c) one or more other persons who

(i) are or were employed by the other party, and

(ii) have or appear to have knowledge of a matter raisedin the pleadings that was acquired by virtue of thatemployment.

(1.1) Subrule (1) applies whether the person sought to beexamined is inside or outside the jurisdiction of the Court.

(1.2) During the oral examination under subrule (1), a person isrequired to answer only relevant and material questions.



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6 Rule 203 is amended by repealing subrules (1) and (2) andsubstituting the following:

Examination 203(1) Unless an order of the Court under Rule 188.1 otherwiseprovides, the examination of a party, employee or assignor maytake place as the case requires, at any time after the following:

(a) in the case of the examination on behalf of the plaintiff,

(i) the statement of defence of the party, employer orassignee has been delivered,

(ii) the time for delivering the statement of defence hasexpired, or

(iii) the party has been noted in default;

(b) in the case of the examination on behalf of a defendant,the statement of defence of the defendant, employer orassignee has been delivered;

(c) in the case of the examination of a party to any issue, atrial of the issue has been directed by the Court.

(2) Subrule (1) is subject to Rule 189.

7 Rule 205 is repealed and the following is substituted:

Production ofrecords atdiscovery

205 Unless otherwise ordered, the party or person to beexamined must produce at the examination all records which thatparty or person could be required to produce at trial.


Furtherproduction ofrecords

208 A person who admits, on examination, that they have intheir possession, custody or power a record that is not privilegedor protected from production must produce it for the inspectionof the examining party in accordance with an order of the Courtor the direction of the examiner.

9 Rule 209 is amended

(a) by repealing subrule (1) and substituting thefollowing:



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Production ofdocument

209(1) On application, the Court may, with or withoutconditions, direct the production of a record at a date, time andplace specified when

(a) the record is in the possession, custody or power of aperson who is not a party to the action,

(b) a party to the action has reason to believe that the recordis relevant and material, and

(c) the person in possession, custody or power of the recordmight be compelled to produce it at the trial.

(1.1) The Court may also give directions respecting thepreparation of a certified copy of the record, which may be usedfor all appropriate purposes in place of the original.

(b) by repealing subrule (2) and substituting thefollowing:

(2) A person producing a record is entitled to receive suchconduct money as the person would receive if examined fordiscovery.

10 Rule 214 is amended

(a) in subrule (1) by striking out “officer” and substituting“representative”;

(b) in subrule (2) by striking out “officer or officers” andsubstituting “representative or representatives”.

11 Rule 230 is amended by repealing subrule (2.1).

12 Rule 500 is amended by repealing subrule (2) andsubstituting:

(2) Subject to subrule (3), the notice of motion must be servedwithin a reasonable time, not exceeding 60 days, after thejudgment or order is entered and served or the certificate is given.

(3) If the party entitled to appeal has not appeared by a solicitoror filed an address for service with the clerk, the notice of appealmust be served within a reasonable time, not exceeding 60 days,after the judgment or order is entered.

13 The following is added after Rule 516:



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Time betweenservice andhearing

516.1 Unless leave is given, there must be at least 14 daysbetween the service of a notice of motion and the actual day forthe hearing, when the relief sought is

(a) leave to appeal,

(b) dismissal of an appeal,

(c) admission of new evidence,

(d) restoring an appeal to the general list, or

(e) extending time to appeal.


Contents ofappealdocuments

530(1) The appeal book must

(a) consist of the following sections:

(i) Part I � Pleadings, as described in subrule(9)(a);

(ii) Part II � Evidence, consisting of oral testimony;

(iii) Part III � Final Documents, as described insubrule (9)(b);

(iv) Part IV � Exhibits;

(b) be arranged in volumes in the following order:

(i) First: Appeal Book Digest, consisting of Parts Iand III;

(ii) Second: Part II, Evidence;

(iii) Third: Part IV, Exhibits;

(c) contain pages numbered consecutively as follows:

(i) Part I must commence page numbering with P1;

(ii) Part II must commence page numbering with page1;

(iii) Part III must continue following the last page of PartII;



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(iv) Part IV must continue following the last page ofPart III;

(v) if supplementary appeal books are required to befiled, the page numbering must continue from thelast page of Part IV.

(2) In this Rule, “hard copy” means printed volumes prepared inthe following manner:

(a) if they are the original copy, clearly marked as“original” at the top of the front cover;

(b) printed or reproduced on one side of good quality,white, 8½ by 11 inch paper, and bound along the rightedge so that the printed pages are to the left;

(c) bound with stock on the front and back covers, with

(i) evidence and exhibit volumes in grey, and

(ii) digest volumes in red;

(d) contain a front cover and title page clearly setting out theinformation in Form R, bound along the left edge of thepaper, so that the printed pages are to the right;

(e) contain a comprehensive table of contents at thebeginning of each volume of the appeal book whichmust

(i) be bound along the left edge of the paper, so that theprinted pages are to the right;

(ii) list exhibits in two columns, one indicating the pagewhere the exhibit was entered into the record at trialor was identified in the affidavit, and one indicatingthe page where the exhibit is now reproduced in theappeal book;

(f) contain legible material only or, if material does notphotocopy well, providing a photocopy together with atypewritten transcript of the illegible text;

(g) printed or reproduced in type whose capital letters are atleast 2.9 mm. high, whether or not the original is insmaller type, if need be reproducing one original sheeton 2 or more pages.

(3) On every appeal that contains oral testimony, the appellantmust file with the Registrar



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(a) the original and one hard copy of all evidence volumesof the appeal book,

(b) the original and 4 hard copies of all exhibit volumes ofthe appeal book,

(c) the original and 4 hard copies of the Appeal BookDigest, and

(d) one electronic copy of Part II, the evidence portion ofthe appeal book.

(4) On every appeal when the appeal book contains no oraltestimony, the appellant must file the following with theRegistrar:

(a) the original and 4 hard copies of all exhibit volumes ofthe appeal book;

(b) the original and 4 hard copies of the Appeal BookDigest;

(c) the original and 4 hard copies of all volumes containingother types of evidence or agreed material;

(d) when the exhibits and evidence do not exceed a total of200 pages, they may be combined into one volumewhich must follow the Appeal Book Digest and belabelled accordingly.

(5) Notwithstanding subrules (1) and (3), when the oraltestimony and exhibits do not exceed a total of 10 pages, the oraltestimony and exhibits must be included in the Appeal BookDigest, and the hard copies of the evidence or exhibit volumesare not necessary.

(6) The number of copies required under subrules (3) and (4)does not include those copies required for counsel.

(7) The evidence volumes of the appeal book must

(a) when evidence is in the form of a question and ananswer, adhere to the following form:

(i) the question must commence on a separate line andbe preceded on that line by the letter Q;

(ii) the answer must commence on a separate linefollowing the line on which the question concludesand be preceded on the line on which the answercommences by the letter A;



CIVIL ENFORCEMENT

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(iii) each new question and answer must be grouped andpreceded by a blank line;

(b) number every 5 line in the margin of each page;th

(c) contain single spaced transcripts, subject to subrules(12) and (13).

(8) The exhibit volumes of the appeal book must

(a) contain the exhibits as agreed by counsel in theagreement as to the contents of the appeal book or asfixed by a judge,

(b) include all documents, including letters, memoranda,photographs, sketches, plans, and like material inascending date order organized chronologically, exceptthat documents having common characteristics must bearranged in separate groups in order of their dates, andundated documents must appear after dated documents,

(c) subject to subrule (2)(f), reproduce documents infacsimile,

(d) in the case of exhibits that cannot readily be reproducedand will be referred to in argument, be accompanied bya letter to the Registrar requesting that the originalexhibit be made available at the appeal hearing,

(e) in the case of an exhibit read into evidence at trial, butnot reproduced in the appeal book, contain a referencein the index to the exhibit and page number where it wasread into the record,

(f) contain certificates in Forms N and O, and either ofForm P or Form Q, or if the appellant has no Albertalawyer, such proof in substitution for Forms O, P, or Qas a judge may order, and

(g) in the case of a direct appeal from an administrativetribunal, contain a certificate from the tribunal’s recordscustodian or, where the tribunal has no recordscustodian, an agreement as to the authenticity of therecords signed by all parties.

(9) The hard copy Appeal Book Digest must contain thefollowing, in chronological, ascending date order:

(a) the pleadings, which must include

(i) any amendments made at trial, and



CIVIL ENFORCEMENT

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(ii) any other documents by which proceedings arecommenced or by which the issues in the action aredefined;

(b) the final documents, which must include

(i) the reasons for judgment,

(ii) the formal judgment or order appealed from,

(iii) the Notice of Appeal,

(iv) the agreement as to contents of the appeal book, and

(v) if there are no exhibit volumes, the certificates inForms N, O, and either of Forms P or Q;

and if the hard copy is longer than 200 pages, it must be split intoseparate volumes of approximately equal length.

(10) The electronic copy of Part II, the evidence portion of theappeal book, must

(a) be provided on a 3½” disk;

(b) subject to subrule (11), be in a format satisfactory to theRegistrar;

(c) be named and labelled in a manner satisfactory to theRegistrar, and the label must include

(i) a brief style of cause,

(ii) the appeal number, and

(iii) the date the disk was completed;

(d) be accompanied by a printed copy of

(i) the appeal book table of contents, and

(ii) the title page, which must include the name,telephone and fax number of the individual ororganization that prepared the appeal book.

(11) If the electronic copy is submitted in ASCII compressedformat, a designate of the Court of Appeal must convert the diskto the prescribed format, at the appellant’s expense.



CIVIL ENFORCEMENT

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(12) Subject to subrule (13), an appeal book that does notconform to subrules (1) to (11) requires a fiat from a judge, theRegistrar or Deputy Registrar.

(13) An appeal book or portion of an appeal book may be filed,without fiat, if it

(a) was prepared by an official court reporter or examinerbefore service of the notice of appeal, and

(b) deviates from this Rule only in spacing.

(14) An agreement as to contents of an appeal book or order asto contents of an appeal book must exclude all matters not trulynecessary to decide the appeal, but may provide that certaindocuments or transcripts are to be considered part of the recordbefore the Court of Appeal without reproducing them in theAppeal Book.

15 Rule 538(1) is amended by striking out “8” andsubstituting “7”.


Affidavit ofrecords

661(1) Within 30 days after service of a statement of defence,each party to an action must file and serve on all parties anaffidavit of records.

(2) Before examinations for discovery or interrogatories underRule 662(5), each party to an action must, on request andpayment of copy charges, supply to all parties opposite ininterest, if practicable, true copies of the producible records listedin the affidavit, that are in the party’s possession, custody orpower.

(3) The affidavit of records need include only each of thefollowing:

(a) those records on which the party filing the affidavitrelies or may rely;

(b) those records which assist or may assist the case of anyadverse party;

(c) those records directly relevant and material to the issuesin the action.

(4) A party filing an affidavit of records must endorse on it orattach to it, before filing and service, a list of persons who, at the



CIVIL ENFORCEMENT

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relevant time, might reasonably have some connection with theperson filing the affidavit of records and be expected to knowabout any of the following:

(a) matters on which the party filing the affidavit relies ormay rely;

(b) matters which assist or may assist the case of anyadverse party;

(c) matters relevant and material to the issues in the action.

(5) A corporate party filing an affidavit of records must, in itsaffidavit, nominate its representative under Rule 214(2).

(6) In case of dispute over the copy charges to be paid undersubrule (2), a sum may be fixed ex parte by the taxing officer onapplication by any party, subject to adjustment by the Court at alater date.

(7) In this Rule, “records” has the same meaning as it has in Rule186.

17 Rule 665(2)(b) is amended by striking out “in accordancewith Rule 230(2), and”.

18 Rule 702 is amended by adding the following after subrule(2):

(3) If a lawyer is served with a notice or an application seekingan order of contempt against that lawyer’s client, the lawyer mustnotify the client of the notice or application as soon as possibleafter being served.

19 Schedule A is amended

(a) by repealing Form N and substituting:

FORM N

CLERK’S CERTIFICATE

I certify to the Registrar of the Court of Appeal of Alberta that theforegoing Appeal Book contains true copies of all material set out in theAgreement as to Contents of the Appeal Book (or as fixed by a judge) astaken from the Court files, or furnished to me by counsel for the parties,



CIVIL ENFORCEMENT

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or by the Court Reporter or the Examiner of the Court of Queen’s Bench(as the case may be).

Dated __________ ____.

(Clerk of Court of Queen’s Bench of Alberta)

(b) by repeating Form O and substituting:

FORM O

LAWYER’S CERTIFICATE

I certify to the Court that

1 I am a Barrister and Solicitor on the active roll of The LawSociety of Alberta;

2 I have personally checked the contents of this appeal book andfound them to be correct;

3 there are no recorded reasons for the decision appealed from,except for those stated in this appeal book.

Name of Lawyer:Address:

Dated at _______________, (Signature) Alberta, the _____ day of_______________, ______

(c) by adding the following after Form O:

FORM P

CERTIFICATE OF LAWYERELECTRONIC COPY IN ASCII FORMAT

I, , do hereby certify to the Court that



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2 the contents contained on the enclosed ASCII disk

(a) were prepared and provided to me by the Court Reporters in_______________, Alberta, and

(b) have not been altered in any way.

Name of Lawyer:

Address:


FORM Q

CERTIFICATE OF LAWYERELECTRONIC COPY IN PRESCRIBED FORMAT

I, , do hereby certify to the Court that


2 the electronic copy of the oral evidence contained on the encloseddisk

(a) is in the prescribed format, as set out in Practice Directive B,and

(b) was prepared using the electronic copy of the transcripts, whichwere prepared and provided to me by the Court Reporters in , Alberta;

3 the evidence contained in both the electronic copy and the hardcopy of the appeal book has not been altered in any way.

Name of Lawyer:Address:



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FORM R

Appeal #

IN THE COURT OF APPEAL OF ALBERTA

Between:

A.B.Respondent (Plaintiff)

and

C.D.Appellant (Respondent)

Appeal from the Judgement/Order ofThe Honourable Mr./Madam Justice

_________________________

Dated the _____ day of _______________, ____,

Filed the _____ day of _______________, _____.

Title of Book, Volume number, Brief Description of Contents andPage numbers included in volume.

Counsel’s name for the AppellantAddress, Telephone and Fax Number

Counsel’s name for the RespondentAddress, Telephone and Fax Number


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Name and Address of Individual or Organizationthat prepared the Books

20 Schedule B is amended by adding the following to Form9, immediately after the heading “Important Notice toRespondent”:

If you want to respond to this motion, you or your lawyer mustattend in the Law Courts Building on the date and at the timespecified.

21 The following sections come into force on November 1,1999:

(a) sections 2 to 8;

(b) section 13;

(c) section 15;

(d) section 18.


Public Health Act

HOUSING REGULATION


Made by the Lieutenant Governor in Council (O.C. 322/99) pursuant to section 75 of thePublic Health Act.

Table of Contents

Definitions 1Application 2Owner’s obligations 3Maintenance standards 4Prohibitions 5Repeal 6Expiry 7Coming into force 8


(a) “Act” means the Public Health Act;


ALTA. REG. 173/99 PUBLIC HEALTH

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(b) “housing premises” means any structure that is used or intendedto be used wholly or partly for accommodation purposes andincludes

(i) an apartment building,

(ii) a dormitory,

(iii) a dwelling,

(iv) a hotel or motel,

(v) a lodging house,

(vi) a mobile home, and

(vii) a rooming house;

(c) “owner” means the registered owner and any agent of the ownerin actual or apparent possession or control of land or premises.

Application 2 This Regulation does not apply to housing premises or to that part ofthe housing premises that is occupied solely by the owner and theowner’s dependants.

Owner’sobligations

3(1) Subject to subsection (3) and section 4, an owner shall ensure that

(a) the housing premises are

(i) structurally sound,

(ii) in a safe condition,

(iii) in good repair, and

(iv) maintained in a waterproof, windproof and weatherproofcondition;

(b) the occupants of the housing premises are supplied withadequate

(i) sanitary facilities, including a sanitary drainage system orprivate sewage disposal system,

(ii) heating facilities that are capable of maintaining ahabitable indoor temperature, if the housing premises areused or intended for use during all or part of the periodfrom September 1 in one year until May 1 in thefollowing year,



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(iii) running hot and cold water that is safe for humanconsumption, and

(iv) space for sleeping purposes;

(c) the common areas of the housing premises, its fixtures and anyfurnishings provided by the owner are maintained in a clean andsanitary condition.

(2) An owner shall ensure that the housing premises’ plumbing systemand facilities provided under subsection (1)(b) are free from defects andmaintained in proper operating condition.

(3) An executive officer of the region in which the housing premises arelocated may exempt its owner from the requirements of subsections(1)(b)(i) and (iii) and (2) where the owner supplies and maintains analternative system regarding the requirements under those subsectionsthat is satisfactory to the executive officer.

Maintenancestandards

4 An owner shall maintain the housing premises in compliance with theMinimum Housing and Health Standards, as approved and published bythe Minister and as amended by the Minister from time to time.

Prohibitions 5(1) No person shall occupy or permit the occupation of housingpremises in respect of which an order under section 72(4)(b) of the Actis in effect.

(2) No person shall cause or permit any condition in housing premisesthat is or may become injurious or dangerous to the public health,including any condition that may hinder in any way the prevention orsuppression of disease.

Repeal 6 The Housing Regulation (AR 241/85) is repealed.

Expiry 7 For the purpose of ensuring that this Regulation is reviewed forongoing relevancy and necessity, with the option that it may be repassedin its present or an amended form following a review, this Regulationexpires on August 31, 2004.

Coming intoforce




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------------------------------


Public Health Act

REGULATED MATTER REGULATION


Made by the Lieutenant Governor in Council (O.C. 323/99) pursuant to section 75 of thePublic Health Act.

Regulatedmatters

1 The following are specified as regulated matters for the purposes ofsection 78 of the Act:

(a) plastic solvents;

(b) adhesive cements;

(c) cleaning agents;

(d) glue;

(e) nail polish remover;

(f) lighter fluid;

(g) gasoline;

(h) paint or lacquer thinner;

(i) aerosol propellants;

(j) disinfectants;

(k) marking pens;

(l) typewriter correction fluid.

Repeal 2 The Regulated Matter Regulation (AR 246/85) is repealed.

Expiry 3 For the purpose of ensuring that this Regulation is reviewed forongoing relevancy and necessity, with the option that it may be repassedin its present or an amended form following a review, this Regulationexpires on June 30, 2004.


ALTA. REG. 175/99 GOVERNMENT ORGANIZATION

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------------------------------


Government Organization Act

DESIGNATION AND TRANSFER OF RESPONSIBILITYAMENDMENT REGULATION


Made by the Lieutenant Governor in Council (O.C. 324/99) pursuant to sections 16, 17 and18 of the Government Organization Act.

1 The Designation and Transfer of Responsibility Regulation(AR 127/99) is amended by this Regulation.

2 Section 3 is amended by adding the following aftersubsection (6):

(7) The powers, duties and functions of the Minister in theSocial Services Grant Regulation (AR 345/86) are transferred incommon to the Minister of Human Resources and Employmentand the Minister of Children’s Services.


(9) The powers, duties and functions of the Minister in theHealth Grants Regulation (AR 269/89) are transferred to theMinister of Health and Wellness.


(a) in subsection (7) by striking out “the unexpended balance”and substituting “$1 845 000”;


(16) The responsibility for the administration of that part of thepublic service consisting of the following position numbers istransferred from the Minister of Economic Development to theMinister of Innovation and Science:

0000872300008718000270480000873400008733


ALTA. REG. 176/99 DAIRY BOARD

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000087020000871000008711000087360000873700008739

(17) The responsibility for the administration of $664 000 ofelement 2.2.2 and of $700 000 of element 2.2.4 of Program 2 -Marketing and Business Development of the operating expenseand capital investment supply vote of the 1999-2000 Governmentappropriation for Economic Development, is transferred to theMinister of Innovation and Science.

------------------------------


Dairy Board Act

DAIRY BOARD AMENDMENT REGULATION


Approved by the Lieutenant Governor in Council (O.C. 325/99) pursuant to section 11 ofthe Dairy Board Act.

1 The Dairy Board Regulation (AR 207/96) is amended by thisRegulation.


(a) in subsection (1)(b) by repealing subclause (i) andsubstituting the following:

(i) the normal lacteal secretion obtained from a dairyanimal, and

(b) in subsection (2)

(i) by repealing clause (f);

(ii) by adding the following after clause (h):

(h.1) “dairy animals” means cows, goats and sheep andother species, kept for the purposes of milking;

(h.2) “dairy farm” means a premises where one or moredairy animals are kept and from which a part or allof the milk is sold, offered for sale or supplied forhuman consumption, and includes all buildings and



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land occupied or used in connection with theproduction of milk;

(h.3) “dairy plant” means a building where a processorprocesses a dairy product, and the land associatedwith that building;

(h.4) “dairy product” means

(i) milk;

(ii) a product of milk that contains no oil or fatother than that of milk and contains a minimumof 50% milk ingredients by weight;

(iii) a product of milk that is prescribed by astandard for dairy products in the regulationsunder the Canada Agricultural Products Act(Canada);

(iv) milk products;

(iii) by adding the following after clause (i):

(i.1) “Director” means Director as defined in theDairy Industry Act;

(iv) in clause (p) by striking out “butterfat” andsubstituting “milk fat”;

(v) by adding the following after clause (q):

(q.1) “milk component” means milk fat, protein and othersolids or other components of milk designated bythe Dairy Board;

(vi) by repealing clause (v);

(vii) by adding the following before clause (w):

(v.1) “process” means,

(i) with respect to milk, to pasteurize, homogenize,package or treat milk so that the milk’s form orcomposition is altered in any manner, and includesthe cleaning and sanitizing of any surface, includingthe surface of equipment that comes into contactwith the milk while it is being pasteurized,homogenized, packaged or treated, and

(ii) with respect to dairy products other than milk, tomanufacture, modify, pasteurize, prepare,reconstitute, package or store a dairy product, and



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includes the cleaning and sanitizing of any surface,including the surface of equipment that comes intocontact with the dairy product while it is beingmanufactured, modified, pasteurized, prepared,reconstituted, packaged or stored;

(viii) by repealing clause (x) and substituting thefollowing:

(x) “processor” means any person who processes, forsale, 50 litres or more of milk or dairy product onany day, but does not include a retail establishmentthat operates or uses a freezing device to freeze afrozen dairy product mix manufactured by aprocessor licensed under the Dairy Board Act;

(ix) by repealing clause (y) and substituting thefollowing:

(y) “producer” means a person who sells or supplies forsale or processing, milk or farm-separated creamthat has been produced by one or more dairyanimals owned or controlled by that person;

3 Section 2(2) is amended in clauses (d) and (e) by strikingout “Beatrice Foods Inc.” and substituting “Parmalat Canada”.

4 Section 7(3) is repealed and the following is substituted:

(3) A processor licence

(a) authorizes the licensee

(i) to accept milk for processing, as directed by theBoard,

(ii) to operate a dairy plant, and

(iii) to market milk from that dairy plant,

and

(b) is a milk distributor licence referred to in section 23(1)of the Act.

5 Section 8 is amended by adding the following after clause(a):

(a.1) include a recommendation by the Director under the DairyIndustry Act,



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(a) in subsection (3) by striking out “any terms and”;


(3.1) In addition to conditions referred to in subsection (3), therequirements of this Regulation, the Dairy Industry Act and theregulations under the Dairy Industry Act and the directives ofthe Board pursuant to this Regulation are conditions of a licenceissued under this Regulation.

(c) by repealing subsection (4).

7 The following is added after section 9:

Milk delivery 9.1(1) A producer may deliver milk only to a processor and onlyif the producer is directed to do so by the Dairy Board.

(2) A processor may accept milk from a producer only if theproducer is directed by the Dairy Board to deliver the milk to thatprocessor.

(3) The Dairy Board has no obligation to direct that milk bedelivered to a particular processor, and without limiting thegenerality of the foregoing, the Dairy Board may decline to directthat milk be delivered to a processor that is indebted to the DairyBoard.


(a) in subsection (1) by striking out “revoked” andsubstituting “cancelled”;


(i) by striking out “revoked” and substituting“cancelled”;

(ii) in clause (a) by striking out “Regulation or theterms” and substituting “Regulation, the DairyIndustry Act, the regulations under the Dairy IndustryAct”;

(iii) by adding the following after clause (a):

(a.1) the suspension or cancellation has beenrecommended by the Director, in the case of analleged contravention of the Dairy Industry Act orthe regulations under the Dairy Industry Act,



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(a.2) an assessment or fee under the Dairy Industry Act ora levy, charge, fee or assessment under the DairyBoard Act remains unpaid for a period of 30 ormore days after it is due,

(iv) in clause (b)(i) by adding “dairy” before “plant”;

(v) by adding “or” at the end of clause (c), strikingout or” at the end of clause (d) and repealingclause (e).

9 Section 12(1) is amended by striking out “must” andsubstituting “may”.


(a) in subsection (1) by striking out “to the licensed processorto whom he is directed by the Dairy Board”;

(b) in subsection (2) by striking out “butterfat” andsubstituting “milk fat”.

11 The following is added after the heading “Milk Delivery,Prices”:

Milk volume 19.1(1) A bulk milk tank must be levelled and calibrated inaccordance with directives of the Dairy Board to ensure accuratemeasurement of the volume of milk contained in the bulk milktank.

(2) The volume measured in a bulk milk tank calibrated inaccordance with subsection (1) by a bulk milk grader pursuant tothe Dairy Industry Act is the volume on which payment is based.

12 Section 20(2) is amended by adding “on the recommendationof the Director” after “Board”.


(3) Payment for milk transferred under subsection (1) must becalculated and then invoiced or credited to processors inaccordance with Dairy Board directives established with respectto section 24.

(4) If milk is transferred between processors, the purchasingprocessor must give security for payment that the Dairy Board



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considers reasonable and subject to any directives of the DairyBoard.

14 The following is added after section 21:

Class priorities 21.1(1) The highest priority of use of milk, classified inaccordance with section 22, is given to class 1 and the prioritydescends to the lowest class which is class 5.

(2) The priority of a subclass of milk is the same as the priorityof its class except for sub-class 3a milk which has higher prioritythan sub-class 3b.

(3) If a processor requires milk for a higher priority use, anotherprocessor must, at the request of the processor who requires themilk, transfer milk to that processor in accordance with anydirectives of the Dairy Board in respect of the transfer.


(a) in subsection (2)(b) by striking out “puddings, whippedmilk” and substituting “puddings”;

(b) in subsection (2)(c)(ii) by striking out “curd” andsubstituting “curd,”;

(c) in subsection (2)(d)(iv)(B) by adding “dairy” before“plant”;

(d) by repealing subsection (2)(e)(v) and substituting thefollowing:

(v) sub-class 5e milk, which means milk used forpre-emptive surplus removal by the Canadian DairyCommission.

(e) in subsection (3) by striking out “milk is marketedoff-shore if it is” and substituting “dairy products aremarketed off-shore if they are”;

(f) in subsections (4) and (5) by adding “dairy” before“plant” wherever it occurs.


(a) in subsection (1) by striking out “processors” andsubstituting “processors, and may make directives respectingpricing and payment mechanisms for the purposes of the pools”;




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(1.1) The Dairy Board must use money collected for gradeprice adjustments under Part 3 of the Dairy Industry Regulation(AR 139/99) and paid to the Dairy Board under section 26 ofthis Regulation to

(a) pay processors, who in turn must pay producers whosemilk yielded a negative inhibitor test in a rejectedshipment of milk under section 19 of the Dairy IndustryAct, and

(b) pay milk transportation compensation claims asapproved by the Director for shipments of milk rejectedat a dairy plant under section 19 of the Dairy IndustryAct.

(1.2) Any money remaining under subsection (1.1) aftermaking payments under subsection (1.1)(a) and (b) must bepaid on a monthly basis to a producer payment pool operatedunder this section.

(1.3) If in a month payments under subsection (1.1)(a) and (b)are greater than the money collected that month for grade priceadjustments, the payments must be made first from that moneyand the balance of the payments must be made from theproducer payment pool operated under this section.


(a) in subsection (1) by adding “directives of” after “UtilitiesBoard and”;


(i) by striking out “components in the milk” andsubstituting “milk components”;

(ii) by striking out “order” and substituting“directive”.


(a) in subsection (1)

(i) by striking out “may, by order,” and substituting“may”;

(ii) by striking out “the proper operation of the nationalplan and”;




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(1.1) The Dairy Board may authorize a processor to withholdlevies, charges, fees and assessments under subsection (1) froma producer for remittance to the Dairy Board.

(c) by adding the following after subsection (3):

(4) In accordance with the Dairy Industry Act and the DairyIndustry Regulation (AR 139/99), the Dairy Board may collectand withhold grade price adjustments from producers whosemilk shipments contravene the requirements of the DairyIndustry Act or the Dairy Industry Regulation (AR 139/99).

(5) The Dairy Board may, in conjunction with the producerpayment pools operated by the Dairy Board under section 24,

(a) net out all amounts payable among processors,producers and the Dairy Board under the Act and thisRegulation and the Dairy Industry Act and the DairyIndustry Regulation (AR 139/99), and

(b) direct processors and producers to pay the net amountsdetermined by the Dairy Board to be owing,

and on such direction the processors, producers and DairyBoard must pay the net amounts so determined and are relievedfrom payment of the constituent obligations included indetermining the net amounts owing.


(a) in subsection (1) by adding “and directives” after “theorders”;


(5) A processor must, if directed by the Dairy Board, givesecurity that the Dairy Board considers satisfactory.

20 Section 29 is amended by adding “and directives” after “toorders”.


(a) in clause (f) by adding “milk” before “components”;

(b) in clause (g) by striking out “butterfat” and substituting“milk fat”.




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(a) in subsection (1)

(i) by striking out “milk to a wholesale” andsubstituting “dairy product to an”;

(ii) in clause (d) by striking out “milk” andsubstituting “dairy product”;

(b) in subsection (2) by striking out “milk” andsubstituting “dairy product”.


(a) by adding “dairy” before “plant”;

(b) by striking out “milk” and substituting “dairy product”.

24 Section 38 is amended by striking out “processed milk” andsubstituting “dairy product”.

25 Section 41(b) is amended by striking out “milk” andsubstituting “a dairy product”.

26 Section 42(1) is amended by adding “of cow’s milk” before“unless”.

27 Section 45(1) is amended by adding “directive,” after“order,” wherever it occurs.

28 Section 50 is amended by striking out “2001” andsubstituting “2004”.

29 In the following provisions “dairy” is added before “plant”:

section 1(1)(a);section 28(3) and (4);section 35(2).


ALTA. REG. 178/99 FAIR TRADING

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------------------------------


Environmental Protection and Enhancement Act

SUBSTANCE RELEASE AMENDMENT REGULATION


Made by the Lieutenant Governor in Council (O.C. 326/99) pursuant to section 81 of theEnvironmental Protection and Enhancement Act.

1 The Substance Release Regulation (AR 124/93) is amendedby this Regulation.

2 Section 1(1)(j)(i) is repealed.

------------------------------


Fair Trading Act

DESIGNATION OF TRADES AND BUSINESSES REGULATION


Made by the Lieutenant Governor in Council (O.C. 327/99) pursuant to section 103 of theFair Trading Act.

Table of Contents

Automotive business 1Direct marketing of gas business 2Direct selling business 3Employment agency business 4Prepaid contracting business 5Retail home sales business 6Expiry 7Coming into force 8

Automotivebusiness

1(1) Part 10 of the Fair Trading Act applies to the automotive business.

(2) In this section,

(a) “automotive business” means the business of



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(i) selling motor vehicles, whether as a retailer orwholesaler, including the selling of motor vehicles onconsignment,

(ii) leasing motor vehicles when the term of the lease is formore than 120 days,

(iii) negotiating or conducting on a consumer’s behalf anagreement in which the consumer buys, sells or leases amotor vehicle, or

(iv) repairing or servicing motor vehicles;

(b) “motor vehicle” means a motor vehicle as defined in theHighway Traffic Act, but does not include

(i) a motor cycle as defined in the Highway Traffic Act, or

(ii) an off-highway vehicle as defined in the Off-highwayVehicle Act.

(3) For the purposes of this section, the automotive business does notinclude

(a) the selling of motor vehicles by manufacturers to dealers,

(b) the business of cleaning or polishing the exterior or interior ofmotor vehicles, or

(c) the business of repairing chips or cracks in the windshield orany window of a motor vehicle and that does not involvereplacing the windshield or window.

Directmarketing ofgas business

2(1) Part 10 of the Fair Trading Act applies to the direct marketing ofgas business.


(a) “agency agreement” means a contract or arrangement underwhich a core consumer retains a person as the consumer’s agentfor the purpose of soliciting, negotiating, concluding orperforming the whole or any part of a direct supply arrangementon behalf of the consumer;

(b) “buy-sell contract” means a contract or arrangement underwhich a distributor purchases from a core consumer, or from acore consumer and the consumer’s agent, during a specifiedperiod, gas in a quantity that is not expected to exceed thequantity of gas the distributor is obligated to supply to theconsumer during that period;



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(c) “consumer supply contract” means a contract or arrangementunder which a core consumer, or a core consumer and theconsumer’s agent, obtains a supply of gas from a direct seller;

(d) “consumer’s agent” means a gas marketer retained by a coreconsumer as the agent of the consumer for purposes related tothe whole or any part of a direct supply arrangement;

(e) “core consumer” means a person who takes delivery of gas at itsplace of consumption by means of the gas distribution systemof a distributor, but does not include

(i) a person who uses or consumes the gas primarily as araw material or as a fuel, whether for space heating,water heating or otherwise, in an industrial ormanufacturing operation, or

(ii) a person who has sustainable access to and facilities thatallow the person to use or consume a source of energy,other than gas, in quantities sufficient to satisfy therequirements for which the gas would otherwise be usedor consumed;

(f) “direct marketing of gas business” means the business

(i) of soliciting, negotiating, concluding or performing thewhole or any part of a direct supply arrangement onbehalf of a core consumer, or

(ii) of soliciting a core consumer in any manner for thepurpose of having the consumer enter into an agencyagreement or a consumer supply contract;

(g) “direct seller” means a person, other than a distributor, whosells gas to a core consumer or a consumer’s agent;

(h) “direct supply arrangement” means a consumer supply contractand any one of the following that is entered into or made inconjunction with the consumer supply contract:

(i) a buy-sell contract;

(ii) a transportation service contract;

(iii) a transportation service order;

(i) “distributor” means a distributor as defined in section 26.01 ofthe Gas Utilities Act or section 31 of the Municipal GovernmentAct;

(j) “gas” means gas as defined in the Gas Utilities Act;



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(k) “gas marketer” means a person who is engaged in the directmarketing of gas business;

(l) “transportation service contract” means a contract under whicha distributor agrees to transport by means of its gas distributionsystem, on a firm service basis, gas purchased under a consumersupply contract, for delivery to a core consumer at the locationwhere the consumer will use or consume the gas;

(m) “transportation service order” means an order of the AlbertaEnergy and Utilities Board under section 26.01(3) of the GasUtilities Act requiring a distributor to transport by means of itsgas distribution system gas supplied to a core consumer undera consumer supply contract.

Direct sellingbusiness

3(1) Part 10 of the Fair Trading Act applies to the direct sellingbusiness.

(2) In this section, “direct selling business” means the business ofsoliciting, negotiating or concluding in person, at any place other thanthe seller’s place of business, sales contracts, including direct salescontracts to which Part 3 of the Fair Trading Act applies, for theprovision of goods or services, where the buyer is a consumer.

(3) For the purposes of this section, the direct selling business does notinclude

(a) a farmer or member of the farmer’s family engaging in theselling of farm products raised on their farm in Alberta,

(b) an employee of the farmer who engages in the selling of farmproducts raised in Alberta on the farm of that farmer, where theemployee has the authority of the farmer to sell the farmproducts on the farmer’s behalf,

(c) a person who sells food or food products that are in a perishablestate at the time of delivery to the consumer,

(d) a student in full-time attendance at an elementary school, juniorhigh school, high school, college, technical institute oruniversity who sells goods or services if

(i) the governing body of the school in which the student isregistered approves the scheme of selling,

(ii) consideration for sales made by the student is paid intothe school savings fund administered by the principal ofthe school in which the student is registered, and

(iii) no remuneration is paid to the student for selling thegoods or services,



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(e) a person who sells goods at a street or road location or in a park,

(f) a person soliciting, negotiating or concluding a sales contract ata market place, auction, trade fair, agricultural fair or exhibition,

(g) a person trading in securities or exchange contracts who isregistered to do so under the Securities Act,

(h) a person selling, leasing or renting or offering for sale, lease orrent a lot, plot, compartment, crypt or other space in a cemetery,columbarium or mausoleum, if the person is licensed to do sounder the Cemeteries Act,

(i) a person undertaking to provide or make provision for another’sfuneral services under a funeral services contract or solicitinganother person to enter into a funeral services contract, if theperson is licensed to do so under the Funeral Services Act,

(j) an insurer or reciprocal insurance exchange acting under theauthority of a licence issued under the Insurance Act or aperson acting under a certificate of authority issued under theInsurance Act,

(k) a bank carrying out an activity authorized under Bank Act(Canada),

(l) a loan corporation or trust corporation carrying out an activityauthorized under the Loan and Trust Corporations Act,

(m) a credit union carrying out an activity authorized under theCredit Union Act,

(n) a person authorized under the Real Estate Act to trade in realestate as a real estate broker,

(o) a person authorized under the Real Estate Act to deal as amortgage broker,

(p) a person who makes a solicitation as defined in the CharitableFund-raising Act and is licensed or registered under that Act oris permitted to make such a solicitation without having to belicensed or registered under that Act,

(q) a person selling or offering for sale material or apparatusintended to be used for the protection of buildings from damageby lightning, or installing such material or apparatus on abuilding, who is approved for that purpose by the Administratorof Fire Safety, Government of Alberta,

(r) a person maintaining or operating a school or providingcorrespondence courses for the purpose of giving instruction ortraining in a vocation, or an agent of that person, who holds a



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licence for that purpose under the Private Vocational SchoolsAct,

(s) a person who drills a water well or sells services to maintain awater well, if the person holds a Class A, B or D approval forwater wells under the Water (Ministerial) Regulation(AR 205/98),

(t) a person who is engaged in the direct marketing of gas businessas designated under section 2 and is licensed under the NaturalGas Direct Marketing Regulation,

(u) a person who is engaged in the prepaid contracting business asdesignated under section 5 and is licensed under the PrepaidContracting Business Licensing Regulation, or

(v) a person who is engaged in the retail home sales business asdesignated under section 6 and is licensed under the RetailHome Sales Business Licensing Regulation.

Employmentagencybusiness

4(1) Part 10 of the Fair Trading Act applies to the employment agencybusiness.

(2) In this section, “employment agency business” means the businessof securing persons for employment, securing employment for personsor evaluating or testing persons for employers who are seekingemployees.

(3) For the purposes of this section, the employment agency businessdoes not include

(a) the operation of a school licensed under the Private VocationalSchools Act, with respect to securing or endeavouring to secureemployment for the students or graduates of the school,

(b) the operation of a trade union within the meaning of the LabourRelations Code or the Public Service Employee Relations Act,

(c) securing or endeavouring to secure

(i) employment for persons, or

(ii) persons for employment

as domestic servants in private homes, or

(d) the business of securing employment for athletes or performingartists in their area of expertise in athletics or the performingarts.



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Prepaidcontractingbusiness

5(1) Part 10 of the Fair Trading Act applies to the prepaid contractingbusiness.


(a) “construction or maintenance contract” means a contract for thepurpose of

(i) constructing, altering, maintaining, repairing, adding toor improving

(A) a building that is used or is to be used by the owner,occupier or person in control of it as the owner’s,occupier’s or person’s own private dwelling, or

(B) a structure that is to be used in connection with abuilding referred to in paragraph (A) and that islocated on the same parcel as that building,

or

(ii) altering, maintaining or improving real property to beused in connection with a building or structure referredto in subclause (i),

but does not include a contract referred to in subsection (3);

(b) “prepaid contract” means a construction or maintenancecontract in which all or part of the contract price is to be paidbefore all the goods or services called for in the contract areprovided;

(c) “prepaid contracting business” means the business of soliciting,negotiating or concluding in person, at any place other than theseller’s place of business, a prepaid contract.

(3) A construction or maintenance contract does not include

(a) a contract in which the building, structure or real property thatis to be constructed, altered, maintained, repaired, added to orimproved is used or is to be used primarily for the businesspurposes of the owner, occupier or person in control of it,

(b) a contract between any 2 of a general contractor, a subcontractorand a subtrade,

(c) a contract for the construction of a home where the contract iscovered by the Alberta New Home Warranty Program,

(d) a contract for the construction or renovation of a home wherethe contract is covered by the National Home WarrantyPrograms, or



- 781 -

(e) a contract for the drilling of a water well or a contract for themaintenance of a water well if the party to the contract who isto drill or maintain the water well holds a Class A, B or Dapproval for water wells under the Water (Ministerial)Regulation (AR 205/98).

Retail homesales business

6(1) Part 10 of the Fair Trading Act applies to the retail home salesbusiness.


(a) “manufactured home” means a home that is constructed

(i) as an individual pre-assembled unit intended for deliveryto a residential site, or

(ii) from a number of pre-assembled units that are intendedfor delivery to and assembly at a residential site;

(b) “mobile home” means a portable dwelling that

(i) is designed to be used as a residence,

(ii) is mounted on or otherwise attached to its own chassisand running gear, and

(iii) is capable of being transported on its own chassis andrunning gear by towing or other means;

(c) “package home” means a home consisting of materials that arepre-cut or partially pre-assembled and that are intended forassembly, erection or construction into a home at a residentialsite;

(d) “retail home sales business” means the business of selling or theoffering for sale of manufactured homes, mobile homes orpackage homes, or any of the units or materials constitutingthose homes, to an individual for use as a residence.

(3) For the purposes of this section, the retail home sales business doesnot include the sale of a manufactured home, mobile home or packagehome in accordance with the Real Estate Act by an agent licensed underthat Act or by a salesman of an agent licensed under that Act.

Expiry 7 For the purpose of ensuring that this Regulation is reviewed forongoing relevancy and necessity, with the option that it may be repassedin its present or an amended form following a review, this Regulationexpires on September 1, 2004.


ALTA. REG. 179/99 ALBERTA SCIENCE, RESEARCH ANDTECHNOLOGY AUTHORITY

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Coming intoforce


------------------------------


Alberta Science, Research and Technology Authority Act

ALBERTA SCIENCE, RESEARCH AND TECHNOLOGYAUTHORITY GRANT REGULATION


Made by the Lieutenant Governor in Council (O.C. 335/99) pursuant to section 12 of theAlberta Science, Research and Technology Authority Act.

Table of Contents

Authority to make grants 1Purposes 2Application 3Eligibility 4Agreements 5Payments 6Refund of surplus or repayment 7Accountability 8Repeal 9Expiry 10

Authority tomake grants

1 The Authority is authorized to make grants in accordance with theAct and this Regulation

(a) on the recommendation of the Minister, if the amount of thegrant is less than or equal to $10 000 000, and

(b) on the recommendation of Executive Council, if the amount ofthe grant is greater than $10 000 000.

Purposes 2 The Authority may make grants for any project related to science,engineering, technology or research that the Authority considersappropriate.

Application 3 An application for a grant must be made in the manner and formacceptable to the Authority.


ALTA. REG. 179/99 ALBERTA SCIENCE, RESEARCH ANDTECHNOLOGY AUTHORITY

- 783 -

Eligibility 4 The Authority shall determine the conditions that are required to bemet by an applicant in order to make the applicant eligible for a grant.

Agreements 5 The Authority may enter into agreements, and may require applicantsfor grants to enter into agreements, with respect to any matter relating toa grant.

Payments 6 The Authority may make payments under the grant in a lump sum orby instalments.

Refund ofsurplus orrepayment

7(1) The recipient of a grant may use the money

(a) only for the purpose for which the grant is made, or

(b) if the original purpose for which the grant is made is varied withthe consent of the Authority, only for the purpose as varied.

(2) If the recipient of a grant does not use all of the money for thepurpose for which the grant is made, the Authority may require therecipient to refund the surplus money to the Authority.

(3) The Authority may require the recipient of a grant to repay all or partof the money to the Authority if the recipient does not comply with theconditions of the grant or does not use the money as required under thisRegulation.

Accountability 8 The Authority may at any time require that a recipient of a grant

(a) provide information to the Authority so that the Authority maydetermine whether the recipient is complying with theconditions of the grant and is using the money as required underthis Regulation,

(b) provide an audited financial statement of the expenditure of themoney, and

(c) permit a representative of the Authority or the Auditor General,or both, to examine any books or records to determine whetherthe money has been properly expended.

Repeal 9 The Grant Regulation (AR 209/95) is repealed.




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------------------------------



DIRECT SALES REGULATION


Made by the Lieutenant Governor in Council (O.C. 337/99) pursuant to section 72 of theElectric Utilities Act.

Table of Contents

Definitions 1Conditions precedent to entering into a direct sales agreement 2Authorization to act for seller or buyer 3Section of the Act not applicable 4Reporting to system controller 5Approval of buyer by Power Pool Council 6Financial settlement 7Effect of entering into a direct sales agreement 8Rules of the power pool 9Expiry 10



(b) “affiliate” has the meaning given to it in the BusinessCorporations Act;

(c) “direct sales agreement” means an agreement relating to the saleor provision of electric energy in accordance with the termsagreed to by the parties to the agreement;

(d) “eligible direct buyer” means a person that buys or obtainselectric energy under a direct sales agreement and is approvedby the Power Pool Council pursuant to section 6 as an eligibledirect buyer;

(e) “eligible direct seller” means

(i) before July 1, 2002

(A) an independent power producer, or

(B) the purchaser of a power purchase arrangementunder Part 4.1 of the Act,



- 785 -

that sells or provides electric energy under a direct salesagreement, and

(ii) on and after July 1, 2002, any person that sells orprovides electric energy under a direct sales agreement;

(f) “independent power producer” means a person that

(i) owns a generating unit other than a generating unit listedin the Schedule to the Act, and

(ii) is not an affiliate of an owner of a generating unit listedin the Schedule to the Act;

(g) “power purchase arrangement” means a power purchasearrangement sold at a public auction under section 45.93(1) ofthe Act or converted to a financial instrument under section45.94(2) of the Act;

(h) “system controller” means the person appointed under section9(1)(c) of the Act.

Conditionsprecedent toentering into adirect salesagreement

2(1) An eligible direct seller and an eligible direct buyer may enter intoa direct sales agreement if

(a) the eligible direct seller and the eligible direct buyer are powerpool participants in accordance with the rules of the power pool,

(b) the scheduling and dispatch of electric energy sold or providedunder the direct sales agreement is controlled by the systemcontroller,

(c) the electric energy sold or provided under the direct salesagreement is

(i) dispatched from a generating unit that is owned by theeligible direct seller and located in Alberta, or

(ii) sold or provided pursuant to a power purchasearrangement purchased by the eligible direct seller,

(d) the electric energy sold or provided under the direct salesagreement is not dispatched from a generating unit listed in theSchedule to the Act, unless sold or provided pursuant to apower purchase arrangement, and

(e) the direct sales agreement is, by its terms, expressly subject tothe rules of the power pool including the rules established undersection 9(a).

(2) Subsection (1)(c) and (d) do not apply after June 30, 2002.



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Authorizationto act for selleror buyer

3 An eligible direct seller and an eligible direct buyer may authorize aperson who meets the conditions established under section 9(b) tonegotiate or enter into a direct sales agreement on its behalf if the personso authorized has obtained the approval of the Power Pool Council.

Section of theAct notapplicable

4 Section 5(1) of the Act does not apply to an eligible direct buyer.

Reporting tosystemcontroller

5(1) The parties to a direct sales agreement must provide the systemcontroller with the following information in accordance with the rulesestablished under section 9(c):

(a) the amount of electric energy to be sold or provided under theagreement;

(b) the dates and times at which electric energy is to be sold orprovided under the agreement;

(c) any other information that is required by the rules of the powerpool to be provided to the system controller in order to ensuresafe, reliable and economic operation of, and dispatch ofelectric energy on, the interconnected system.

(2) Notwithstanding anything in the rules of the power pool, the partiesto a direct sales agreement are not required to disclose to the Power PoolCouncil or its employees any information relating to the price of electricenergy sold or provided under a direct sales agreement.

Approval ofbuyer byPower PoolCouncil

6 The Power Pool Council may approve a person as an eligible directbuyer

(a) if the person is capable of responding to a dispatch from thesystem controller in a manner that is satisfactory to the PowerPool Council, and

(b) where the person is not an owner of an electric distributionsystem, if

(i) the person is subject to a tariff that sets out as a separatecharge the costs of electric energy exchanged throughthe power pool, and

(ii) the person’s consumption of electric energy is measuredby a time-of-use meter.

Financialsettlement

7(1) Notwithstanding section 13(1)(b) of the Act, financial settlementfor electric energy sold or provided under a direct sales agreement

(a) may be carried out by the parties to the agreement or thepersons authorized by the parties to do so, and



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(b) is to be carried out at the price or for the consideration agreed toby the parties to the agreement,

unless subsection (2) applies.

(2) Where the amount of electric energy actually sold or provided undera direct sales agreement varies from the amount of electric energy agreedto be sold or provided under the agreement, financial settlement for theexcess or shortfall of electric energy is to be carried out in accordancewith the rules established under section 9(d).

Effect ofentering into adirect salesagreement

8 The entry into a direct sales agreement does not affect

(a) any obligations or entitlements determined under Part 4 of theAct of a party to the agreement, or

(b) any amounts payable under Part 4.1 of the Act in lieu of theobligations and entitlements referred to in clause (a) by a partyto the agreement after December 31, 2000.

Rules of thepower pool

9 Notwithstanding section 9(1)(a) of the Act, the Power Pool Councilshall establish any rules that are necessary to give effect to thisRegulation, including rules relating to

(a) curtailment and certainty of supply of electric energy sold orprovided under direct sales agreements,

(b) the conditions to be met by a person in order to be eligible to beauthorized to act on behalf of an eligible direct seller or aneligible direct buyer under section 3, and the process to befollowed for that person to obtain the approval of the PowerPool Council,

(c) the information to be provided to the system controller undersection 5 and the time and manner in which the informationmust be provided, and

(d) financial settlement relating to the excess or shortfall of electricenergy referred to in section 7(2).

Expiry 10 This Regulation is made under section 72(1) of the Act and isrepealed in accordance with section 72(2) of the Act.



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------------------------------


Gas Utilities Act

COCHIN PIPELINE REGULATION


Made by the Lieutenant Governor in Council (O.C. 339/99) pursuant to section 26.4 of theGas Utilities Act.


(a) “Cochin pipeline” means a pipeline transportation system andfacilities from a point near Edmonton, Alberta to a point nearSarnia, Ontario via Canada and the United States of Americathat transports hydrocarbons produced in Alberta from Albertato other provinces in Canada and to the United States ofAmerica;

(b) “Nova” means NOVA Gas Transmission Ltd.

Authority 2 Nova may accept and exercise any power conferred on it by or underthe laws in force in any jurisdiction outside Alberta that authorizes Novato purchase, acquire, construct, operate and control or to participate inthe purchase, acquisition, construction, operation and control or any ofthem of the works and undertakings situated outside Alberta which areor are proposed to be part of the project known as the Cochin pipeline.

Repeal 3 The Cochin Pipeline Regulation (AR 181/76) is repealed.

Expiry 4 For the purpose of ensuring that this Regulation is reviewed forongoing relevancy and necessity, with the option that it may be repassedin its present or an amended form following a review, this Regulationexpires on December 31, 2002.


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Gas Utilities Act

FOOTHILLS PIPELINE REGULATION


Made by the Lieutenant Governor in Council (O.C. 340/99) pursuant to section 26.4 of theGas Utilities Act.


(a) “Foothills pipeline” means a pipeline transportation system andfacilities in the provinces of Alberta, Saskatchewan and BritishColumbia that transports hydrocarbons produced in Albertafrom Alberta to the provinces of British Columbia andSaskatchewan in Canada and to the United States of America;

(b) “Nova” means NOVA Gas Transmission Ltd.

Authority 2 Nova may accept and exercise any power conferred on it by or underthe laws in force in any jurisdiction outside Alberta that authorizes Novato purchase, acquire, construct, operate and control or to participate inthe purchase, acquisition, construction, operation and control or any ofthem of the works and undertakings situated outside Alberta which areor are proposed to be part of the project known as the Foothills pipeline.

Repeal 3 The Foothills Pipeline Regulation (AR 266/80) is repealed.

Expiry 4 For the purpose of ensuring that this Regulation is reviewed forongoing relevancy and necessity, with the option that it may be repassedin its present or an amended form following a review, this Regulationexpires on December 31, 2002.


Mines and Minerals Act

METALLIC AND INDUSTRIAL MINERALS ROYALTYAMENDMENT REGULATION


Made by the Lieutenant Governor in Council (O.C. 341/99) pursuant to section 37 of theMines and Minerals Act.


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1 The Metallic and Industrial Minerals Royalty Regulation (AR350/93) is amended by this Regulation.

2 Section 11(b) is amended by adding “silica sand,” after“shale,”.

3 Section 12(1) is amended by adding the following afterclause (d):

(e) on silica sand, $0.37 per tonne.

------------------------------


Environmental Protection and Enhancement Act

ACTIVITIES DESIGNATION AMENDMENT REGULATION


Made by the Minister of Environment pursuant to section 81 of the EnvironmentalProtection and Enhancement Act.

1 The Activities Designation Regulation (AR 211/96) isamended by this Regulation.

2 Section 2(1)(n)(i) is repealed.


Fair Trading Act

PREPAID CONTRACTING BUSINESS LICENSING REGULATION


Made by the Minister of Government Services (M.O. C:010/99) pursuant to sections 105,139 and 162(2) of the Fair Trading Act.

Table of Contents

Definitions 1Licences 2Replacement licence 3Apprenticeship and Industry Training Act 4Security 5Term 6Fees 7General Licensing and Security Regulation 8



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Duty to provide identification card 9Requirements for contracts 10Offences 11Transitional 12Repeal 13Expiry 14Coming into force 15


(a) “Act” means the Fair Trading Act;

(b) “licence” means a prepaid contracting business licenceestablished by this Regulation;

(c) “prepaid contract” means a prepaid contract as defined insection 5 of the Designation of Trades and BusinessesRegulation;

(d) “prepaid contracting business” means the business designatedas the prepaid contracting business under the Designation ofTrades and Businesses Regulation.

Licences 2(1) The class of licence to be known as the prepaid contractingbusiness licence is established.

(2) A person who holds a prepaid contracting business licence isauthorized to engage in the prepaid contracting business.

(3) The Director may specify in a licence the class of goods or servicesthat may be sold under the licence.

(4) No licensee may engage in the prepaid contracting business inrespect of a class of goods or services unless that class is specified in thelicensee’s licence.

Replacementlicence

3 If a licensee intends to engage in the prepaid contracting business inrespect of a class of goods or services not specified in the licensee’slicence, the licensee must apply to the Director for a replacement licencethat adds the class to the licence that is being replaced.

Apprenticeshipand IndustryTraining Act

4 If, in the opinion of the Director, the Apprenticeship and IndustryTraining Act applies to the operation of the business for which a licenceis sought, the Director may require an applicant for a licence to furnishproof satisfactory to the Director that the applicant has complied withthat Act.



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Security 5(1) No licence may be issued or renewed unless the applicant submitsto the Director a security that is in a form and in an amount approved bythe Director.

(2) The Director may, if the Director considers it appropriate, increasethe amount of the security that is to be provided by a licensee before theterm of the licence expires.

Term 6(1) The term of a licence expires on the last day of the 12th month afterit is issued or renewed.

(2) The term of a replacement licence expires when the licence itreplaces would have expired.

Fees 7(1) The fee for a licence is $60.

(2) The fee for a replacement licence is $30.

GeneralLicensing andSecurityRegulation

8 The General Licensing and Security Regulation applies to the prepaidcontracting business.

Duty to provideidentificationcard

9(1) Every licensee must provide every individual who engages inprepaid contracting business on behalf of the licensee with anidentification card that

(a) shows the individual’s name and the name, address and licencenumber of the licensee on whose behalf the individual is acting,and

(b) is signed by the signing authority appointed by the licensee.

(2) An individual who has been given an identification card mustproduce it when requested to do so by

(a) a customer or potential customer,

(b) an inspector or the Director, or

(c) a peace officer as defined in the Provincial Offences ProcedureAct.

(3) An individual who ceases to act on behalf of a licensee must as soonas is reasonably possible after ceasing to act return the identification cardto the licensee.



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Requirementsfor contracts

10(1) This section applies to prepaid contracts in which the value of thegoods or services to be provided under the contact is more than $200.

(2) A person who is engaged in the prepaid contracting business mustensure that every prepaid contract that the person enters into

(a) complies with the requirements of section 35 of the Act, and

(b) sets out quality or types of materials to be used under thecontract and the services and work to be carried out under thecontract.

(3) A person who is engaged in the prepaid contracting business andwho enters into a prepaid contract with a buyer must provide a copy ofthe signed contract to the buyer

(a) on or before the date work commences under it, or

(b) within 10 days after the buyer signs the contract,

whichever occurs first.

Offences 11 A contravention of section 2(4), 9 or 10 is, for the purposes ofsection 162 of the Act, an offence.

Transitional 12 A licence under the Prepaid Contracting Business LicensingRegulation (AR 314/82) is continued as a licence under this Regulation.

Repeal 13 The Prepaid Contracting Business Licensing Regulation(AR 314/82) is repealed.


Coming intoforce




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------------------------------


Fair Trading Act

NATURAL GAS DIRECT MARKETING REGULATION



Table of Contents

Definitions 1

LicensingClass of licence 2Term 3Licence fee 4Security 5General Licensing and Security Regulation 6Duty to provide identification card 7

Direct Marketing Contracts

Duties relating to documentation 8

Standards of Conduct

Collection of fees and other charges 9Renewals 10Completing disclosure statement 11Code of conduct 12Representations 13

Offences

Offences 14

Transitional Provisions, Repeals,Expiry and Coming into Force

Deemed licence 15Application to direct marketing contracts 16Form of disclosure statement 17Repeal 18Expiry 19Coming into force 20

Schedule



- 795 -

Definitions 1(1) In this Regulation,


(b) “agency agreement” means a contract or arrangement underwhich a core consumer retains a person as the consumer’s agentfor the purpose of soliciting, negotiating, concluding orperforming the whole or any part of a direct supply arrangementon behalf of the consumer;

(c) “buy-sell contract” means a contract or arrangement underwhich a distributor purchases from a core consumer, or from acore consumer and the consumer’s agent, during a specifiedperiod, gas in a quantity that is not expected to exceed thequantity of gas the distributor is obligated to supply to theconsumer during that period;

(d) “consumer supply contract” means a contract or arrangementunder which a core consumer, or a core consumer and theconsumer’s agent, obtains a supply of gas from a direct seller;

(e) “consumer’s agent” means a gas marketer retained by a coreconsumer as the agent of the consumer for purposes related tothe whole or any part of a direct supply arrangement;

(f) “core consumer” means a person who takes delivery of gas at itsplace of consumption by means of the gas distribution systemof a distributor, but does not include

(i) a person who uses or consumes the gas primarily as araw material or as a fuel, whether for space heating,water heating or otherwise, in an industrial ormanufacturing operation, or

(ii) a person who has sustainable access to and facilities thatallow the person to use or consume a source of energy,other than gas, in quantities sufficient to satisfy therequirements for which the gas would otherwise be usedor consumed;

(g) “direct marketing contract” means

(i) any agency agreement,

(ii) a consumer supply contract in which a gas marketersupplies the gas, or

(iii) a contract that is a combination of the contracts referredto in subclauses (i) and (ii);

(h) “direct marketing of gas business” means the business



- 796 -

(i) of soliciting, negotiating, concluding or performing thewhole or any part of a direct supply arrangement onbehalf of a core consumer, or

(ii) of soliciting a core consumer in any manner for thepurpose of having the consumer enter into an agencyagreement or a consumer supply contract;

(i) “direct seller” means a person, other than a distributor, whosells gas to a core consumer or a consumer’s agent;

(j) “direct supply arrangement” means a consumer supply contractand any one of the following that is entered into or made inconjunction with the consumer supply contract:

(i) a buy-sell contract;

(ii) a transportation service contract;

(iii) a transportation service order;

(k) “distributor” means a distributor as defined in section 26.01 ofthe Gas Utilities Act or section 31 of the Municipal GovernmentAct;

(l) “gas” means gas as defined in the Gas Utilities Act;

(m) “gas marketer” means a person who is engaged in the directmarketing of gas business;

(n) “licence” means a direct marketing of gas business licenceestablished by this Regulation;

(o) “transportation service contract” means a contract under whicha distributor agrees to transport by means of its gas distributionsystem, on a firm service basis, gas purchased under a consumersupply contract, for delivery to a core consumer at the locationwhere the consumer will use or consume the gas;

(p) “transportation service order” means an order of the AlbertaEnergy and Utilities Board under section 26.01(3) of the GasUtilities Act requiring a distributor to transport by means of itsgas distribution system gas supplied to a core consumer undera consumer supply contract.

(2) The definition of “consumer” in section 1(1)(b) of the Act does notapply to this Regulation.



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Licensing

Class oflicence

2(1) The class of licence to be known as the direct marketing of gasbusiness licence is established.

(2) A person who holds a direct marketing of gas business licence isauthorized to engage in the direct marketing of gas business.

Term 3 The term of a licence expires on the last day of the 12th month afterit is issued.

Licence fee 4 The fee for a licence is $1000.




6 The General Licensing and Security Regulation applies to the directmarketing of gas business.


7(1) Every licensee must provide every individual who acts on behalfof the licensee in the direct marketing of gas business with anidentification card that

(a) shows the name of the individual acting on behalf of thelicensee and the name, address and licence number of thelicensee on whose behalf the individual is acting, and


(2) An individual who has been given an identification card by alicensee must produce it when requested to do so by

(a) a customer or potential customer of the licensee,


(c) by a peace officer as defined in the Provincial OffencesProcedures Act.




- 798 -

Direct Marketing Contracts

Duties relatingto documenta-tion

8(1) A gas marketer

(a) must ensure that each direct marketing contract that the gasmarketer enters into with a core consumer

(i) is in writing,

(ii) includes the name, address and telephone number of thegas marketer and the core consumer,

(iii) provides that the core consumer has the right to reviewand obtain copies of any part of the direct supplyarrangement that the gas marketer assists the coreconsumer in becoming a party to,

(iv) provides that the core consumer has the right to audit therecords of the gas marketer relating to the directmarketing contract, and

(v) provides that the renewal of the direct marketingcontract is effective only if the core consumer consentsin writing to the renewal within 6 months before the dateof renewal,

and

(b) must provide to each core consumer with whom the gasmarketer enters into a direct marketing contract, a copy of thecontract, including, in cases to which subsection (2) applies, thedisclosure statement referred to in subsection (2)(a)(ii),completed and signed by the core consumer.

(2) A gas marketer

(a) must ensure that each direct marketing contract the gas marketerenters into with a core consumer who uses or consumes gasprimarily for household purposes

(i) has on its first page under the name of the gas marketerthe following statement that is in at least 12 point boldtype and is set out in a box:



- 799 -

The company that wants you to sign thiscontract is an independent gas marketingcompany. This company is not owned oroperated by your natural gas utility and it isnot affiliated with the Government ofAlberta.

(ii) has attached to it the disclosure statement in the form setout in the Schedule,

(iii) has the disclosure statement attached to the front of thecontract or has a statement that is in at least 12 pointbold type and set out in a box on the first page of thecontract stating where the disclosure statement islocated,

(iv) provides that the contract is not valid unless thedisclosure statement referred to in subclause (ii) hasbeen completed and signed by the core consumer,

(v) provides that the core consumer may cancel the contractwithout cost or penalty within 10 days after a copy ofthe signed contract is provided to the core consumer,and

(vi) provides that the gas marketer must not notify adistributor that the marketer has been appointed as theagent of the consumer unless the 10-day period referredto in subclause (v) has expired and the core consumerhas not cancelled the contract within that period,

and

(b) must require each core consumer who uses or consumes gasprimarily for household purposes to sign the disclosurestatement referred to in clause (a)(ii) before or at the same timeas the core consumer enters into a direct marketing contractwith the gas marketer.


Collection offees and othercharges

9 No gas marketer may collect any fee or other charge from a coreconsumer who enters into a direct marketing contract with the marketeruntil after the delivery of gas under the direct supply arrangementcommences.



- 800 -

Renewals 10 A gas marketer must ensure that a direct marketing contract betweenit and a core consumer is, despite any provision in the contract, renewedonly with the written consent of the core consumer that is given within6 months before the date of renewal.

Completingdisclosurestatement

11 A gas marketer must ensure that a core consumer who uses orconsumes gas primarily for household purposes does not sign adisclosure statement referred to in section 8(2)(a)(ii) unless thedisclosure statement has been correctly and completely filled in.

Code ofconduct

12(1) In this section, “gas marketer” includes every individual who actson behalf of a gas marketer in the direct marketing of gas business.

(2) Every gas marketer must comply with the following code of conduct:

(a) when first contacting a core consumer, a gas marketer that is anindividual must

(i) truthfully inform the core consumer of the gasmarketer’s identity, including showing the consumer theidentification card referred to in section 7, and

(ii) indicate that the gas marketer is soliciting the consumerfor the purpose of marketing gas;

(b) a gas marketer must not abuse the trust of a core consumer orexploit any fear or lack of experience or knowledge of a coreconsumer;

(c) a gas marketer must not exert undue pressure on a coreconsumer, and must allow sufficient time for a consumer to readthoughtfully and without harassment all documents the gasmarketer provides to a core consumer and accept a consumer’srefusal of further discussion;

(d) a gas marketer must not make any representation or statementor give any answer or take any measure that is not true or islikely to mislead a core consumer;

(e) a gas marketer must use only timely, accurate, verifiable andtruthful comparisons;

(f) a gas marketer must not make any verbal representationsregarding contracts, rights or obligations that are not containedin written contracts;

(g) a gas marketer must ensure that all descriptions and promisesmade in promotional material are in accordance with actualconditions, situations and circumstances existing at the time thedescription or promise is made;



- 801 -

(h) a gas marketer must ensure that all data the marketer refers to isproperly established and reliable and supports any claim forwhich the data is cited;

(i) a gas marketer must not induce a core consumer to breach acontract with another person;

(j) a gas marketer must not be intrusive and must not contact coreconsumers between the hours of 9 p.m. and 8 a.m. to solicitthem to enter into direct marketing contracts;

(k) a gas marketer must not make any representation that savings,price benefits or advantages exist if they do not exist or if thereis no evidence to substantiate the representation;

(l) a gas marketer must not give, in any representation, lessprominence to the total price of gas or services than to the priceof any part of the gas or services;

(m) a gas marketer must not use print that due to its size or othervisual characteristics is likely to materially impair the legibilityor clarity of documents the gas marketer provides to coreconsumers;

(n) a gas marketer must not make a copy of or keep the original ofa core consumer’s gas bill.

(3) A breach of the code of conduct specified in subsection (2) mayoccur in the course of inducing a person to enter into a direct marketingcontract, even though the direct marketing contract is not entered into oris not completed.

Represen-tations

13(1) A licensee must not make any representation, whether express orimplied, that being licensed under this Regulation constitutes anendorsement or approval of the licensee by the Government of Albertaor the Alberta Energy and Utilities Board.

(2) Subsection (1) does not preclude a licensee from representing thatthe licensee is licensed under this Regulation.

Offences

Offences 14 A contravention of section 7, 8, 9, 10, 11, 12 or 13 is, for thepurposes of section 162 of the Act, an offence.



- 802 -

Transitional Provisions, Repeals,Expiry and Coming into Force

Deemedlicence

15 A registration under the Natural Gas Direct Marketing Regulation(AR 237/95) is deemed to be a licence under this Regulation.

Application todirectmarketingcontracts

16(1) Section 8, except for subsection (2)(a)(I) and (iii), applies inrespect of direct marketing contracts that are entered into or renewedafter September 1, 1999.

(2) Subsection (8)(2)(a)(I) and (iii) apply to direct marketing contractsthat are entered into or renewed on or after January 1, 2000.

(3) Section 10 applies in respect of direct marketing contracts that arerenewed after September 1, 1999.

Form ofdisclosurestatement

17 If a direct marketing contract that is signed or renewed beforeJanuary 1, 2000 has attached to it a disclosure statement that is in theform set out in the Schedule to the Natural Gas Direct MarketingRegulation (AR 237/95), the disclosure statement is deemed to be in theform set out in the Schedule to this Regulation.

Repeal 18 The Natural Gas Direct Marketing Regulation (AR 237/95) isrepealed.


Coming infoforce


SCHEDULE

DISCLOSURE STATEMENTTO CORE CONSUMER

Please read this statement before you sign it. Before you enter into anyagreement or arrangement for natural gas, you should understand thefollowing:

1 The contract is not a gas utility or government rebateprogram. The person who presented you with the contractrepresents (insert name of company that personrepresents).



- 803 -

2 The future cost of natural gas is not known. The businessnamed in the contract may not be able to supply gas cheaperthan your utility company. If the business’s natural gas ismore expensive, *YOU/THE BUSINESS/BOTH YOU ANDTHE BUSINESS will bear the cost.

3 If you sign the contract you *WILL/WILL NOT beresponsible for all actions taken by the business on yourbehalf. If you are part of a group, you *WILL/WILL NOT beresponsible for actions taken by other consumers signed upby that business.

4 The contract is for years.

5 If you decide to buy natural gas from a direct natural gassupply business, you must stay with that business for at leasta year. The contract can be ended only under the followingconditions:

(insert termination conditions)

6 If you move you will still be responsible to buy natural gasunder the contract under the following conditions:

(insert conditions relating to moving)

7 If you want to switch back to your utility arranged supply orto another direct natural gas supply business, you may haveto wait for a certain period of time. *YOU/THE BUSINESSmay also have to pay a charge of .

8 If you sign the contract, you have 10 days to think it over andcancel the contract if you wish. Under certain circumstancesyou may have more time. Businesses involved in the directmarketing of gas must also be bonded and licensed with theConsumer Services Division of Alberta GovernmentServices. Check to make sure that the business is bonded andlicensed.

If you need more information on cancelling the contract, or if you feelyou have been treated unfairly, you may contact the Consumer ServicesDivision of Alberta Government Services.

I, (print name) , have read this Disclosure Statement andunderstand its contents.

Date (signature)

Notice to person representing business - strike out inapplicable wordshighlighted by an *.


- 804 -


Fair Trading Act

GENERAL LICENSING AND SECURITY REGULATION


Made by the Minister of Government Services (M.O. C:008/99) pursuant to sections 139and 162(2) of the Fair Trading Act.

Table of Contents

Definitions 1Application 2

Part 1Licensing

Limited term of licence 3Duplicate licence 4Refunds 5Death of licensee 6Partnership 7Transfer of licence 8Records 9Duty to produce licence 10Offences 11

Part 2Security

Definitions 12Application of Part 13Term of security 14Meaning of claim 15Declaring security forfeit 16Valid unpaid claims 17Application by claimant 18Notice to business operator 19Admission but no payment 20No reply by business operator 21Director’s jurisdiction when business operator disputes claim 22Arbitration when business operator disputes claim 23Failure to comply by business operator 24Failure to comply by claimant 25Decision provided to Director 26Appeal of arbitrator’s award 27Claim becoming valid under arbitrator’s award 28Claimant obtaining judgment 29Proceeds of security 30Remainder of security proceeds 31Return of cash security 32



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Extinguishment of late claims 33Trade-in allowance 34

Part 3Transitional Provisions, Repeals,

Expiry and Coming into Force

Existing securities 35Claims before Sept. 1, 1999 36Repeal 37Expiry 38Coming into force 39



(b) “licence” means a licence under the Act.

Application 2 This Regulation does not apply to the business designated as theautomotive business under the Designation of Trades and BusinessesRegulation.

PART 1

LICENSING

Limited term oflicence

3(1) The Director may issue a licence for a limited term or for aspecified date in any case where the Director considers it appropriate todo so.

(2) The fee for a licence under subsection (1) is ½ the fee that isotherwise payable.

Duplicatelicence

4(1) If the Director is satisfied that a licence has been lost, destroyed,defaced or mutilated, the Director may issue a duplicate licence to thelicensee.

(2) The fee for a duplicate licence is $40.

Refunds 5 The Director may refund the whole or part of any licence fees paid ifthe Director is satisfied that

(a) the licensee is unable to commence the business covered by thelicence, or

(b) the licence was issued or renewed in error.



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Death oflicensee

6 If a licensee dies during the term of the licence, the licence is deemedto be held by

(a) the licensee’s executor,

(b) the administrator of the licensee’s estate, or

(c) the licensee’s next of kin where letters of administration havenot been granted,

until the licence expires or the business ceases to be carried on by any ofthose persons, whichever event occurs first.

Partnership 7(1) The term of a licence issued to a partnership expires when there isa change in the partners.

(2) When there is a change in the partners, the remaining partners of thepartnership must notify the Director and return the licence to theDirector.

Transfer oflicence

8 A licence does not confer any property right and no licensee may sell,transfer, assign, lease or otherwise dispose of or deal in a licence.

Records 9 In addition to the requirement to maintain financial records inaccordance with section 132(1) of the Act, every licensee and formerlicensee must maintain all records and documents created or receivedwhile engaged in the business authorized by the licence for at least 3years after the records were created or received.

Duty toproducelicence

10 Every licensee must produce the licensee’s licence for inspection orprovide details about the licence that make it possible to determine if theperson has been issued a licence when requested to do so

(a) by a customer or potential customer of the licensee,

(b) by an inspector or the Director, or

(c) by a peace officer as defined in the Provincial OffencesProcedure Act.

Offences 11 A contravention of section 9 or 10 is, for the purposes of section 162of the Act, an offence.



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PART 2

SECURITY

Definitions 12 In this Part,

(a) “business operator” means a person who operates a businessand who is

(i) required to be licensed under the Act when operatingthat business, and

(ii) required to submit a security to the Director to beeligible for the licence;

(b) “cash security” means security in the form of

(i) cash that has been deposited with the Director, or

(ii) a term deposit or similar instrument issued in favour ofthe Government of Alberta;

(c) “claim” means a claim described in section 15;

(d) “claimant” means a person who has a claim;

(e) “surety”, in respect of a cash security, means the Director.

Application ofPart

13 This Part applies to

(a) any security submitted to the Director on or after September 1,1999,

(b) any security submitted to the Government of Alberta under theCollection Practices Act, the Licensing of Trades andBusinesses Act or the Public Auctions Act, and

(c) any claim submitted to the Director on or after September 1,1999.

Term ofsecurity

14(1) A surety who wishes to terminate a security submitted in respectof a business operator must give the operator and the Director 3 calendarmonths’ notice of the termination date.

(2) A business operator who has submitted a cash security to theDirector and who wishes to terminate the security must give the Director3 calendar months’ notice of the termination date.

(3) A security for which a notice of termination has been given inaccordance with subsection (1) or (2) remains in force until the end of thelast day of the 3-month notice period.



- 808 -

`

Meaning ofclaim

15(1) A person has a claim against a business operator if the personsuffers financial loss because

(a) the business operator fails to comply with the provisions of theAct or regulations that apply to the business or a term orcondition of the business operator’s licence,

(b) the business operator fails to comply with a contract betweenthe person and the business operator and the contract is enteredinto in the course of the operator’s business,

(c) of the business operator’s fraud, breach of trust,misrepresentation, theft, conversion, negligence or default withrespect to goods or services sold or any money collected in thecourse of the operator’s business,

(d) the business operator fails to account to the person for allmoney collected for or on behalf of the person, or

(e) the business operator fails to comply with a condition of theoperator’s security.

(2) A person does not have a claim against a business operator unless,while the operator’s security was in force,

(a) the person had a business relationship with the operator,

(b) the person had, in the course of the operator’s business, enteredinto a contract with the operator,

(c) the person paid money to or deposited money with the operator,or

(d) the operator did or omitted to do something that led orcontributed to the person’s financial loss referred to insubsection (1).

Declaringsecurity forfeit

16(1) When a claim against a business operator becomes a valid unpaidclaim, the Director may declare the business operator’s security to beforfeit and require the surety under the security to pay to the Director theprincipal amount of the security.

(2) A surety who receives a declaration under subsection (1) while thesecurity is in force or within 2 years after the security ceases to be inforce must pay the principal amount of the security to the Director within30 days of receiving the declaration.

(3) Where the validity of a claim against a business operation may notbe determined within the 2-year period referred to in subsection (2), theDirector must send a notice of liability relating to the claim



- 809 -

(a) to the surety under the business operator’s security, and

(b) where the security is cash security, to the business operator.

(4) A surety who receives a notice under subsection (3)(a) must, if aclaim referred to in subsection (3) is found to be a valid unpaid claim,pay the principal amount of the security to the Director within 30 daysof receiving a declaration under subsection (1), notwithstanding that the2-year period referred to in subsection (2) has expired.

Valid unpaidclaims

17 A claim becomes a valid unpaid claim

(a) if the claimant makes an application under section 18, theclaimant has not obtained a judgment against the businessoperator in respect of the claim and section 20, 21, 22, 24 or 28applies, or

(b) if the claimant makes an application under section 29, theclaimant has obtained a judgment against the business operatorin respect of the claim and section 29(3) applies.

Application byclaimant

18(1) A claimant who purports to have a claim against a businessoperator may apply to the Director for a payment from the proceeds ofthe operator’s security.

(2) A claimant may not make an application under subsection (1) inrespect of a business operator if the claimant has commenced a courtaction against the operator that is based on the grounds that gave rise tothe claim unless the court action has been discontinued.

(3) A claimant who is making an application under subsection (1) mustsubmit a statutory declaration that contains

(a) particulars of the basis of the claim,

(b) the amount of the claim,

(c) a statement that the claimant has never commenced an action ina court against the business operator that is based on thegrounds that give rise to the claim or, if the claimantcommenced such an action, a statement that the action wasdiscontinued,

(d) as an exhibit, a copy of any contract that is relevant to the claimthat is in the possession of the claimant, and

(e) if payment by the claimant is an element of the claim, as anexhibit, proof of payment by the claimant.

(4) The statutory declaration of a claimant whose claim is based on thebusiness operator’s failure to comply with the requirements of the Direct



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Sales Cancellation Regulation or the Natural Gas Direct MarketingRegulation that arise when a claimant cancels a sales contract or agencycontract must also contain

(a) if a copy of the sales contract or agency contract was receivedby the claimant, the date on which it was received,

(b) the date on which the notice of cancellation was given and themethod of giving the cancellation, and

(c) as an exhibit, the copy of the notice of cancellation, if any,made and kept by the claimant.

Notice tobusinessoperator

19 When a claimant submits a statutory declaration that meets therequirements of section 18 and any other information required by theDirector and the Director is satisfied that, if the particulars provided bythe claimant are correct, the claimant has a claim against a businessoperator, the Director must send to the business operator

(a) a copy of the claimant’s statutory declaration, and

(b) a notice requiring the business operator to inform the Directorwithin 30 days after the date of the notice whether the selleradmits or denies the claim.

Admission butno payment

20 If the business operator who receives the Director’s notice undersection 19 admits to the claim within the 30-day period referred to insection 19, but does not pay the claim within 15 days after the Directorreceives the operator’s admission, the claim becomes a valid unpaidclaim for the purposes of this Regulation.

No reply bybusinessoperator

21 If a business operator who receives the Director’s notice undersection 19 fails to reply to the Director within the 30-day period referredto in section 19 and does not pay the claim within that 30-day period, theclaim becomes a valid unpaid claim for the purposes of this Regulation.

Director’sjurisdictionwhen businessoperatordisputes claim

22(1) The Director is responsible for determining if a claim is validwhen a business operator who receives the Director’s notice undersection 19 denies the claim within the 30-day period referred to insection 19 and

(a) the amount of the claim does not exceed $1000, or

(b) the claim is based on the cancellation of a direct sales contractunder section 27 or 28 of the Act.

(2) The Director may take whatever steps the Director considersappropriate to determine if the claim is valid and require the claimant andthe business operator to provide additional information.



- 811 -

(3) After taking those steps, the Director may

(a) dismiss the claim, or

(b) declare the claim to be valid, establish the amount of the claimto which the claimant is entitled and notify the businessoperator of the declaration.

(4) If that amount established in the declaration remains unpaid for 30days after the declaration is made, the claim in the amount established bythe Director becomes a valid unpaid claim for the purposes of thisRegulation.

Arbitrationwhen businessoperatordisputes claim

23(1) Subject to sections 24 and 25, arbitration must be used to decidea claim if the business operator who receives the Director’s notice undersection 19 denies the claim within the 30-day period referred to insection 19 and

(a) the amount of the claim exceeds $1000, and

(b) the claim is not based on the cancellation of a direct salescontract under section 27 or 28 of the Act.

(2) Subsection (1) applies despite any agreement between the businessoperator and claimant to have the claim determined in a differentmanner.

(3) The arbitration is governed by the Arbitration Act and the arbitrationrules established by the Director.

(4) Section 3 of the Arbitration Act does not apply to an arbitrationunder this Regulation.

(5) The Director must provide the business operator and claimant witha list of 3 candidates to be arbitrator, and each candidate must be

(a) a member of the Alberta Arbitration and Mediation Society, or

(b) a person who is not a member of the Society but is approved bythe Director.

(6) The business operator and the claimant must each nominate anarbitrator from the list provided by the Director.

(7) If the business operator and the claimant nominate the samecandidate, that candidate is the arbitrator for the arbitration and if thebusiness operator and claimant nominate different candidates, thecandidate that was not nominated is the arbitrator for the arbitration.



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Failure tocomply bybusinessoperator

24(1) If the business operator fails to comply with the Arbitration Actor the Director’s rules and the non-compliance is, in the arbitrator’sopinion, significant, the arbitrator must notify the Director in writing ofthe non-compliance.

(2) If the Director receives a notice under subsection (1), the arbitrationends and the claim becomes a valid unpaid claim for the purposes of thisRegulation.

Failure tocomply byclaimant

25(1) If the claimant fails to comply with the Arbitration Act and theDirector’s rules and the non-compliance is, in the arbitrator’s opinion,significant, the arbitrator must notify the Director in writing of thenon-compliance.

(2) If the Director receives a notice under subsection (1), the arbitrationends and the claim is dismissed.

Decisionprovided toDirector

26 When the arbitrator completes the arbitration, the arbitrator mustprovide the Director with a copy of the decision.

Appeal ofarbitrator’saward

27 The business operator or the claimant may appeal the award of anarbitrator under this Regulation to the Court of Queen’s Bench only ona question of law in accordance with section 44(2) of the Arbitration Act.

Claimbecoming validunderarbitrator’saward

28 A claim that has been submitted to arbitration becomes a validunpaid claim for the purposes of this Regulation for the amountestablished by the arbitrator if

(a) the arbitrator’s award is that the claimant has a valid claim in anamount established by the arbitrator,

(b) the arbitrator’s award has become final by reason of lapse oftime or being confirmed by the highest court to which it may beappealed, and

(c) the arbitrator’s award remains unpaid 30 days after the awardhas become final.

Claimantobtainingjudgment

29(1) A claimant who has obtained a judgment against a businessoperator that is based on grounds that give rise to a claim may apply tothe Director for a payment from the proceeds of the operator’s security.

(2) A claimant making an application under subsection (1) must submita statutory declaration that contains

(a) particulars of the basis of the claim,

(b) as an exhibit, a copy of the judgment, and



- 813 -

(c) a statement that the judgment has become final by reason oflapse of time or of being confirmed by the highest court towhich it may be appealed and has not been satisfied within 30days after it became final.

(3) When a claimant submits a statutory declaration that meets therequirements of subsection (2) and the Director is satisfied that, if theparticulars provided by the claimant are correct, the claimant has a claimagainst the business operator, the claim becomes a valid unpaid claim forthe purposes of this Regulation.

Proceeds ofsecurity

30(1) When the Director declares a security to be forfeit under section16 and receives the principal amount under the security from the surety,the Director must hold the principal amount until the Director is satisfiedthat no other valid unpaid claims will be received by the Director, but inno case may the Director hold the amount for more than 3 years after theDirector declares the security to be forfeited.

(2) The Director must, in accordance with subsection (1), distribute theprincipal amount of the security to claimants who have valid unpaidclaims against the business operator.

(3) If the principal amount of the security is insufficient to pay all of thevalid unpaid claims, the Director must pay out the money on a pro ratabasis to those claimants.

(4) If there is a dispute among persons who have valid unpaid claimsconcerning the amount they should receive from the principal amount ofthe security under subsection (2) or (3), the Director may pay all or partof the principal amount into the Court of Queen’s Bench, and the Courtmay determine the amounts to be paid.

Remainder ofsecurityproceeds

31 If the whole of the principal amount is not required to pay the validunpaid claims, the Director must pay the amount that remains

(a) in the case of a security that is not a cash security, to the suretywho paid the principal to the Director, and

(b) in the case of a cash security, to the business operator who paidthe principal.

Return of cashsecurity

32 If a cash security submitted to the Director is terminated by thebusiness operator who submitted it and no valid unpaid claims have beenreceived by the Director in respect of the operator while the security wasin force or within 2 years after the security ceases to be in force, theDirector must return the security to the operator.



- 814 -

Extinguish-ment of lateclaims

33 After the Director has distributed the principal amount of a securityin accordance with sections 30 and 31 or returned a cash security inaccordance with section 32, the Director must refuse to accept anapplication under section 18 or 29 in respect of the security and anyclaim that was not submitted to the Director in respect of the securityprior to the distribution or return is extinguished for the purposes of thisRegulation.

Trade-inallowance

34 Where a claim is made by a buyer against a business operator whohas entered into a direct sales contract with the buyer and the claiminvolves a trade-in allowance, the amount of which was not agreed on,the Director or arbitrator deciding the claim may determine the amountof the trade-in allowance for the purposes of this Regulation.

PART 3

TRANSITIONAL PROVISIONS, REPEALS,EXPIRY AND COMING INTO FORCE

Existingsecurities

35(1) Every security provided to the Government of Alberta under theCollection Practices Act, the Licensing of Trades and Businesses Act orthe Public Auctions Act is

(a) subject to this Regulation, and

(b) deemed to contain a provision that it is subject to forfeiture inaccordance with the procedures of this Regulation.

(2) If there is a conflict between

(a) a provision in a security referred to in subsection (1), and

(b) this Regulation or the deemed provision in subsection (1)(b),

this Regulation or the deemed provision, as the case may be, prevail.

Claims beforeSept. 1, 1999

36(1) In this section, “former security provisions” means the provisionsdealing with bonds and other forms of security and the claims againstthose bonds or other forms of security in the following repealedenactments:

(a) Collection Practices Act;

(b) Collection Practices Regulation (AR 77/79);

(c) Licensing of Trades and Businesses Act;

(d) Automotive Business Licensing Regulation (AR 188/78);

(e) Direct Selling Business Licensing Regulation (AR 315/82);



- 815 -

(f) Natural Gas Direct Marketing Regulation (AR 237/95);

(g) Prepaid Contracting Business Licensing Regulation (AR314/82);

(h) Retail Home Sales Business Licensing Regulation (AR 189/82);

(i) Public Auctions Act.

(2) Despite sections 13 and 35, the former security provisions continueto apply to claims submitted to the Government of Alberta beforeSeptember 1, 1999 against security provided under the CollectionPractices Act, the Licensing of Trades and Businesses Act or the PublicAuctions Act.

Repeal 37 The General Licensing Regulation (AR 197/78) is repealed.


Coming intoforce


------------------------------


Fair Trading Act

EXEMPTION REGULATION


Made by the Minister of Government Services (M.O. C:007/99) pursuant to section 1(2)of the Fair Trading Act.

Insurance 1 In Parts 2 and 4 of the Fair Trading Act and in any regulations madeunder those Parts,

(a) “goods”, “services” and “consumer transaction” do not includeinsurance to which the Insurance Act applies;

(b) “supplier” does not include an insurer or reciprocal insuranceexchange licensed under the Insurance Act or a person actingunder a certificate of authority issued under the Insurance Act.



- 816 -


Coming intoforce


------------------------------


Fair Trading Act

EMPLOYMENT AGENCY BUSINESS LICENSING REGULATION



Table of Contents

Definitions 1Licence 2Operating under different names 3Complying with laws 4Term 5Fee 6General Licensing and Security Regulation 7Records 8Fee prohibition 9Strikes and lockouts 10Offences 11Transitional 12Repeal 13Expiry 14Coming into force 15



(b) “business operator” means a person who is engaged in theemployment agency business;

(c) “employment agency business” means the business designatedas the employment agency business under the Designation ofTrades and Businesses Regulation;



- 817 -

(d) “licence” means an employment agency business licenceestablished by this Regulation;

(e) “resumé” means a written statement setting out a person’seducation, experience, previous employment and other personalinformation and skills.

Licence 2(1) The class of licence to be known as the employment agencybusiness licence is established.

(2) A person who holds an employment agency business licence isauthorized to engage in the employment agency business.

Operatingunder differentnames

3 A person who engages in the employment agency business undermore than one name is, for the purposes of this Regulation, consideredto be operating a separate employment agency business under each nameand must obtain a licence for each name.

Complying withlaws

4 The Director may refuse to issue or renew a licence if the applicant isunable to satisfy the Director that the applicant is complying with thelaws, including municipal bylaws, that apply to the operation of theemployment agency business.

Term 5 The term of a licence expires on the last day of the 24th month afterit is issued or renewed.

Fee 6 The fee for a licence or to renew a licence is $120.


7 The General Licensing and Security Regulation applies to theemployment agency business.

Records 8 In addition to the requirements respecting records under section132(1) of the Act and under section 8 of the General Licensing andSecurity Regulation, every licensee and former licensee must maintainthe following records for at least 3 years after they are made:

(a) the name and address of every employer

(i) for whom persons seeking employment are obtained, or

(ii) to whom persons seeking employment are directed;

(b) the name, occupation, residential address and rate of wages ofevery person for whom employment is obtained;



- 818 -

(c) the name, occupation and residential address of every personwho is directed to any employer for the purpose of procuringemployment;

(d) the name, occupation and residential address of every personwho is provided with information regarding employers seekingemployees.

Fee prohibition 9(1) No business operator may directly or indirectly demand or collecta fee, reward or other compensation

(a) from a person who is seeking

(i) employment, or

(ii) information respecting employers seeking employees,

or

(b) from a person

(i) for securing or endeavouring to secure employment forthe person, or

(ii) for providing the person with information respecting anyemployer seeking an employee.

(2) Nothing in subsection (1) prohibits a business operator fromcharging a fee for services provided in relation to the preparation of aresumé, but no business operator may require a person to purchase thebusiness’s resumé writing service as a condition to the businessoperator’s acting as an employment agency in respect of that person.

(3) A business operator who charges a fee for services referred to insubsection (2) must post a list of the fees charged in a conspicuouslocation in the operator’s business premises.

Strikes andlockouts

10 When a legal strike or lockout is in progress, no person operating anemployment agency business may knowingly

(a) send or assist in sending any person, or

(b) cause any person to be sent,

to take employment in place of an employee who is on strike or lockedout without informing the person of the existence of the strike or lockout.



- 819 -

Offences 11 A contravention of section 3, 8, 9 or 10 is, for the purposes ofsection 162 of the Act, an offence.

Transitional 12 A licence under the Employment Agency Business LicensingRegulation (AR 87/89) is continued as a licence under this Regulation.

Repeal 13 The Employment Agency Business Licensing Regulation (AR 87/89)is repealed.


Coming intoforce


------------------------------


Fair Trading Act

DIRECT SELLING BUSINESS LICENSING REGULATION



Table of Contents

Definitions 1Licence 2Replacement licence 3Security 4Term 5Fees 6Fee exemption 7General Licensing and Security Regulation 8Duty to provide identification card 9Offences 10Transitional 11Repeal 12Expiry 13Coming into force 14



- 820 -



(b) “direct selling business” means the business designated as thedirect selling business under the Designation of Trades andBusinesses Regulation;

(c) “licence” means the direct selling business licence establishedby this Regulation.

Licence 2(1) The class of licence to be known as the direct selling businesslicence is established.

(2) A person who holds a direct selling business licence is authorized toengage in the direct selling business.

(3) The Director may specify in a licence the class of goods or servicesthat may be sold under the licence.

(4) No licensee may engage in the direct selling business in respect ofa class of goods or services unless that class is specified in the licensee’slicence.

Replacementlicence

3 If a licensee intends to engage in the direct selling business in respectof a class of goods or services not specified in the licensee’s licence, thelicensee must apply to the Director for a replacement licence that addsthe class to the licence that is being replaced.

Security 4(1) The Director may, if the Director considers it appropriate, requirean applicant for a licence, a replacement licence or the renewal of alicence, to submit to the Director a security that is in a form and in anamount approved by the Director.


Term 5(1) The term of a licence expires on the last day of the 24th monthafter it is issued or renewed.

(2) The term of a replacement licence expires when the licence itreplaces would have expired.

Fees 6(1) The fee for a licence is $120.

(2) The fee for a replacement licence is $30.



- 821 -

Fee exemption 7(1) If an applicant for a licence suffers from any bodily defect, injuryor incapacity, the Minister may, on the recommendation of themunicipality in which the applicant is currently residing, authorize theDirector to issue to the applicant a licence without fees, and the licenseemay act as a direct seller in the manner specified in the licence.

(2) The licence mentioned in subsection (1) may specify the area orareas in Alberta to which the licence applies.


8 The General Licensing and Security Regulation applies to the directselling business.


9(1) Every licensee must provide every individual who engages in directselling business on behalf of the licensee with an identification card that

(a) shows the individual’s name and the name, address and licencenumber of the licensee on whose behalf the individual is acting,and


(2) An individual who has been given an identification card mustproduce it when requested to do so by

(a) a customer or potential customer,


(c) a peace officer as defined in the Provincial Offences ProcedureAct.


Offences 10 A contravention of section 2(4) or 9 is, for the purposes of section162 of the Act, an offence.

Transitional 11 A licence under the Direct Selling Business Licensing Regulation(AR 315/82) is continued as a licence under this Regulation.

Repeal 12 The Direct Selling Business Licensing Regulation (AR 315/82) isrepealed.



- 822 -


Coming intoforce


------------------------------


Fair Trading Act

DIRECT SALES CANCELLATION AND EXEMPTION REGULATION


Made by the Minister of Government Services (M.O. C:004/99) pursuant to sections 25(3)and 36 of the Fair Trading Act.

Table of Contents

Definition 1Direct sales contract 2Statement of cancellation rights 3Exemptions from Division 1 of Part 3 of Act 4Repeal 5Expiry 6Coming into force 7

Schedule

Definition 1 In this Regulation, “Act” means the Fair Trading Act.

Direct salescontract

2 The amount for the purpose of section 24(a) of the Act is $25.

Statement ofcancellationrights

3(1) A statement of cancellation rights must

(a) contain the words set out in either of the options shown in theSchedule,

(b) show the heading in not less than 12-point bold type,

(c) show the statement of 10-day cancellation rights in not less than12-point type, and

(d) show the remainder of the information in not less than 10-pointtype.



- 823 -

(2) If the statement of cancellation rights is not printed on the front ofthe direct sales contract, there is to be a notice printed on the front of thedirect sales contract, in not less than 12-point bold type, indicating whereon the direct sales contract the statement of cancellation rights is printed.

Exemptionsfrom Division 1of Part 3 of Act

4 Division 1 of Part 3 of the Act does not apply to the following classesof business:

(a) the business of trading in real estate by a person authorizedunder the Real Estate Act to act as a real estate broker;

(b) the business of dealing in mortgages by a person authorizedunder the Real Estate Act to act as a mortgage broker;

(c) the business of selling nursery stock by a person who is licensedunder the Direct Selling Business Licensing Regulation;

(d) the business of maintaining or operating a school or providingcorrespondence courses for the purpose of giving instruction ortraining in a vocation by a person who is licensed under thePrivate Vocational Schools Act, or by an agent of that person;

(e) the business of selling, leasing or renting or offering for sale,lease or rent a lot, plot, compartment, crypt or other space in acemetery, columbarium or mausoleum by a person who islicensed under the Cemeteries Act;

(f) the business of undertaking to provide or make provision foranother’s funeral services under a funeral services contract orsoliciting another person to enter into a funeral services contractby a person who is licensed under the Funeral Services Act;

(g) the business of selling food or food products that are in aperishable state at the time of delivery to the consumer;

(h) the business of providing goods and services by an insurer orreciprocal insurance exchange acting under the authority of alicence issued under the Insurance Act or a person acting undera certificate of authority issued under that Act;

(i) the business of selling farm products raised on a farm in Albertaand sold by the farmer, a member of the farmer’s family or anemployee of the farmer selling the farmer’s products on behalfof the farmer;

(j) the business of soliciting, negotiating or concluding a salescontract at a market place, auction, trade fair, agricultural fair orexhibition;

(k) the business of trading in securities or exchange contracts by aperson who is registered under the Securities Act;



- 824 -

(l) the business of carrying out an activity authorized under theBank Act (Canada) by a bank;

(m) the business of carrying out an activity authorized under theLoan and Trust Corporations Act by a loan corporation or atrust corporation;

(n) the business of carrying out an activity authorized under theCredit Union Act by a credit union.

Repeal 5 The Direct Sales Cancellation Regulation (AR 171/96) and the DirectSales Cancellation (Ministerial) Regulation (AR 198/96) are repealed.


Coming intoforce


SCHEDULE

One of the following options must appear in each statement ofcancellation rights:

Buyer's Right to Cancel

You may cancel this contract from the day you enter into the contractuntil 10 days after you receive a copy of the contract. You do not needa reason to cancel.

If you do not receive the goods or services within 30 days of the datestated in the contract, you may cancel this contract within one year of thecontract date. You lose that right if you accept delivery after the 30 days.There are other grounds for extended cancellation. For moreinformation, you may contact your provincial/territorial consumer affairsoffice.

If you cancel this contract, the seller has 15 days to refund your moneyand any trade-in, or the cash value of the trade-in. You must then returnthe goods.

To cancel, you must give notice of cancellation at the address in thiscontract. You must give notice of cancellation by a method that willallow you to prove that you gave notice, including registered mail, faxor by personal delivery.



- 825 -

Buyer's Right to Cancel

You may cancel this contract from the day you enter into the contractuntil 10 days after you receive a copy of the (contract/statement ofcancellation rights)*. You do not need a reason to cancel.

If you do not receive the goods or services within 30 days of the datestated in the contract, you may cancel this contract within one year of thecontract date. You lose that right if you accept delivery after the 30 days.There are other grounds for extended cancellation. For moreinformation, you may contact your provincial/territorial consumer affairsoffice.

If you cancel this contract, the seller has 15 days to refund your moneyand any trade-in, or the cash value of the trade-in. You must then returnthe goods.

To cancel, you must give notice of cancellation at the address (below/inthis contract)**. You must give notice of cancellation by a method thatwill allow you to prove that you gave notice, including registered mail,fax or by personal delivery.

[ADDRESS FOR NOTICE - include name, business address, phone and,if applicable, fax number if this statement of cancellation rights is adocument separate from the contract]***

* use “contract” in the Province of Alberta** use “in this contract” in the Province of Alberta*** not applicable in the Province of Alberta

------------------------------


Fair Trading Act

AUTOMOTIVE BUSINESS REGULATION


Made by the Minister of Government Services (M.O. C:001/99) pursuant to sections 55(3),105, 136(1), 137(7), 139, 140(3) and 162(2) of the Fair Trading Act.

Table of Contents

Definitions 1



- 826 -

Part 1Licensing, Standards and Registration

Licensing

General automotive business licence 2New classes of licence 3Complying with laws 4Term 5Death of licensee 6Partnership 7Transfer of licence 8Records 9Duty to produce licence 10


Advertising 11Consignment sales - paying out proceeds 12Consignment sales - other property received 13Compliance with deemed terms 14Additional standards 15

Registration of Salespersons

Registration 16Application for registration 17Adoption of provisions 18Education requirements 19Term 20Salesperson ceases to be authorized 21Appeal 22Duty to produce certificate of registration 23

Part 2Alberta Motor Vehicle Industry Council and

the Compensation Fund

Regulatory board 24Designated agents 25Investments 26Insurance 27Additional purposes of compensation fund 28Claims against compensation fund 29Reimbursement to compensation fund 30Annual statement 31

Part 3Consignment Sales

Consignment agreements 32Requirements 33



- 827 -

Part 4Offences

Offences 34

Part 5Transitional Provisions, Repeals,

Expiry and Coming into Force

Continuation of licences 35Repeal 36Expiry 37Coming into force 38



(b) “automotive business” means the business designated as theautomotive business under the Designation of Trades andBusinesses Regulation;

(c) “business operator” means a person who is engaged in theautomotive business;

(d) “compensation fund” means the compensation fund establishedby the Council under section 137(1) of the Act;

(e) “consignment agreement” means a consignment agreement towhich section 55 of the Act applies by virtue of section 32 ofthis Regulation;

(f) “Council” means the Alberta Motor Vehicle Industry Councilreferred to in section 24;

(g) “licence” means a class of automotive business licenceestablished by this Regulation;

(h) “lien” means, in respect of a motor vehicle or other personalproperty, any lien, mortgage, charge or encumbrance to whichthe vehicle or other property is subject;

(i) “motor vehicle” means a motor vehicle as defined in theHighway Traffic Act, but does not include

(i) a motor cycle as defined in the Highway Traffic Act, or

(ii) an off-highway vehicle as defined in the Off-highwayVehicle Act;

(j) “salesperson” means a person who is authorized by anautomotive sales licensee, automotive leasing licensee or



- 828 -

automotive consignment licensee to solicit, negotiate orconclude on the licensee’s behalf an agreement to buy, sell,lease, exchange or consign a motor vehicle.

PART 1

LICENSING, STANDARDS AND REGISTRATION

Licensing

Generalautomotivebusinesslicence

2(1) The class of licence to be known as the general automotivebusiness licence is established.

(2) A person who holds a general automotive business licence isauthorized to engage in the automotive business.

(3) This section expires on June 30, 2000.

New classes oflicence

3(1) The following classes of automotive business licence areestablished:

(a) automotive sales licence;

(b) automotive leasing licence;

(c) automotive consignment licence;

(d) automotive repair licence.

(2) A person who holds an automotive sales licence is authorized toengage in the business of

(a) selling motor vehicles, whether as a retailer or wholesaler, otherthan selling motor vehicles on consignment, or

(b) negotiating or conducting on a consumer’s behalf an agreementin which the consumer buys, sells or leases a motor vehicle.

(3) A person who holds an automotive leasing licence is authorized toengage in the business of leasing motor vehicles.

(4) A person who holds an automotive consignment licence isauthorized to engage in the business of selling motor vehicles onconsignment.

(5) A person who holds an automotive repair licence is authorized toengage in the business of repairing or servicing motor vehicles.

(6) This section comes into force on July 1, 2000.



- 829 -

Complying withlaws

4 The Director may refuse to issue or to renew a licence to an applicantif

(a) the applicant is unable to satisfy the Director that the applicantis complying with the laws, including municipal bylaws, thatapply to the automotive business to be operated under thelicence,

(b) in the Director’s opinion, the applicant has contravened thestandards of conduct that apply to the automotive business to beoperated under the licence, or

(c) a claim has been paid from the compensation fund in respect ofthe applicant and the applicant has not reimbursed thecompensation fund for the amount of the payment.

Term 5(1) The term of a general automotive business licence expires on June30, 2000.

(2) The term of a licence referred to in section 3 is one year.

Death oflicensee

6 If a licensee dies during the term of the licence, the licence is deemedto be held by

(a) the licensee’s executor,

(b) the administrator of the licensee’s estate, or

(c) the licensee’s next of kin where letters of administration havenot been granted,

until the licence expires or the business ceases to be carried on by any ofthose persons, whichever event occurs first.

Partnership 7(1) The term of a licence issued to a partnership expires when there isa change in the partners.

(2) When there is a change in the partners, the remaining partners of thepartnership must notify the Director and return the licence to theDirector.

Transfer oflicence

8 A licence does not confer any property right and no licensee may sell,transfer, assign, lease or otherwise dispose of or deal in a licence.

Records 9 In addition to the requirement to maintain financial records inaccordance with section 132(1) of the Act, every licensee and formerlicensee must maintain all records and documents created or received



- 830 -

while engaged in the business authorized by the licence for at least 3years after the records were created or received.

Duty toproducelicence

10 Every licensee must produce the licensee’s licence for inspection orprovide details about the licence that make it possible to determine if theperson has been issued a licence when requested to do so

(a) by a customer or potential customer of the licensee,




Advertising 11 Every licensee must ensure that the licensee’s advertising indicatesin a conspicuous manner

(a) the name of the licensee as set out in the licence or the tradename of the licensee as set out in the licence, and

(b) that the licensee holds an automotive business licence under theAct.

Consignmentsales - payingout proceeds

12(1) A business operator who enters into a consignment agreement tosell an individual’s motor vehicle must, within 14 days of the date thatthe operator sells the vehicle,

(a) if the business operator has knowledge that the vehicle issubject to a lien,

(i) issue a cheque for the amount owing under the lienpayable to the lienholder and take reasonable steps toensure that the lienholder receives the amount owing,and

(ii) provide to the consignor a cheque payable to theconsignor for the consignor’s share of the purchaseprice, being the purchase price less the amount payableto the lienholder and the business operator’sdisbursements, fees and commissions, and a statement ofaccount that meets the requirements of subsection (2),

and

(b) in any other case, provide to the consignor a cheque payable tothe consignor for the consignor’s share of the purchase price,being the purchase price less the business operator’s



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disbursements, fees and commissions, and a statement ofaccount that meets the requirements of subsection (2).

(2) The statement of account must set out

(a) the amounts required to pay out any outstanding liens on themotor vehicle,

(b) a description of any vehicle or other personal property receivedas consideration for the sale of the consignor’s vehicle and thevalue assigned to the vehicle or other personal property, and

(c) the amount payable to the consignor.

Consignmentsales - otherpropertyreceived

13 A business operator who has entered into a consignment agreementto sell an individual’s motor vehicle and has received as considerationfor the sale of the consignor’s vehicle another vehicle or other personalproperty must, within 14 days of the date of the sale of the consignor’svehicle,

(a) give the other vehicle or personal property to the consignor, or

(b) deal with the property in accordance with the writteninstructions of the consignor.

Compliancewith deemedterms

14 A business operator who enters into a consignment agreement mustcomply with the terms that are, under section 33(3), deemed to becontained in the consignment agreement.

Additionalstandards

15 The Director may establish standards of conduct for the automotivebusiness or one or more of the classes of the automotive business that arein addition to those established in this Regulation.

Registration of Salespersons

Registration 16(1) A salesperson of an automotive sales licensee must be registeredfor automotive sales before acting on behalf of the licensee.

(2) A salesperson of an automotive leasing licensee must be registeredfor automotive leasing before acting on behalf of the licensee.

(3) A salesperson of an automotive consignment licensee must beregistered for consignment sales before acting on behalf of the licensee.

(4) A salesperson who acts for more than one licensee must obtain aseparate registration in respect of each licensee.



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Application forregistration

17(1) A person who wishes to be registered or to have a registrationrenewed under this Regulation must submit to the Director

(a) an application on a form established by or acceptable to theDirector,

(b) any additional information that is requested by the Director, and

(c) proof satisfactory to the Director that the applicant has met theeducation requirements established by the Director.

(2) The application and other information submitted under subsection(1) must, on the request of the Director, be verified by affidavit or inanother manner that is satisfactory to the Director.

Adoption ofprovisions

18 Sections 125, 127 and 128 of the Act apply, with the necessarychanges, to the registration of salespersons.

Educationrequirements

19 The Director may establish education requirements to be met byapplicants for registration.

Term 20(1) The term of a salesperson’s registration is one year.

(2) The term of a salesperson’s registration in respect of a licenseeexpires

(a) when the licence of the licensee is no longer in force, or

(b) when the licensee no longer authorizes the salesperson to act onits behalf.

(3) When the term of a salesperson’s registration expires undersubsection (2), the salesperson must, within 7 days after the term expires,return the certificate of registration to the Director.

Salespersonceases to beauthorized

21(1) When an automotive sales licensee, automotive leasing licenseeor automotive consignment licensee ceases to authorize a salesperson toact on its behalf, the licensee must send to the Director writtennotification of

(a) the name of the salesperson, and

(b) the date that the salesperson ceases to be authorized to act on itsbehalf.

(2) The licensee must send the notice to the Director either before thesalesperson ceases to be authorized or within 7 days after the salespersonceases to be authorized.



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Appeal 22(1) A person

(a) whose application for registration or renewal of registration hasbeen refused,

(b) whose registration is made subject to terms and conditions, or

(c) whose registration has been cancelled or suspended undersection 127 of the Act

may appeal in accordance with the process established by the Director.

(2) The Director may establish an appeal process for the purposes ofsubsection (1), including forming or designating an appeal body.

Duty toproducecertificate ofregistration

23 Every registrant must produce the registrant’s certificate ofregistration for inspection or provide details about the registration thatmake it possible to determine if the person is registered when requestedto do so

(a) by a customer or potential customer of the registrant,



PART 2

ALBERTA MOTOR VEHICLE INDUSTRY COUNCILAND THE COMPENSATION FUND

Regulatoryboard

24 The Alberta Motor Vehicle Industry Council, a body corporateunder the Societies Act, is established as a regulatory board to exercisethe powers, duties and functions delegated to it under section 136(5) ofthe Act.

Designatedagents

25 Every automotive sales licensee, automotive leasing licensee andautomotive consignment licensee must appoint their salespersons asdesignated agents.

Investments 26 The Council may invest the first $1 500 000 of the compensationfund only in securities or classes of securities in which trustees arepermitted to invest trust funds under the Trustee Act.



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Insurance 27(1) The Council may, in a manner and on terms and conditions itconsiders advisable, enter into contracts with insurers by which thecompensation fund may be protected in whole or in part against anyclaim or loss to the fund.

(2) The Council has an insurable interest in the compensation fund andin the payment of claims from the fund.

Additionalpurposes ofcompensationfund

28 When the compensation fund exceeds $1 500 000, the portion of thefund exceeding $1 500 000 may, with the prior permission of theDirector, be used by the Council for the purpose of

(a) providing information relating to the automotive business toconsumers and persons engaged in the automotive business, and

(b) paying the costs of investigations for which the Council isresponsible.

Claims againstcompensationfund

29(1) The Council may make by-laws respecting the payment of claimsfrom the compensation fund, including

(a) identifying the claims that may be paid from the compensationfund and who is eligible to make those claims;

(b) setting out the conditions to be met before a claim is paid fromthe compensation fund;

(c) respecting the maximum amount that may be paid from thecompensation fund to a claimant or group of claimants.

(2) Section 136(3) and (4) of the Act apply to a by-law made undersubsection (1).

Reimburse-ment tocompensationfund

30 If the Council pays an amount to a claimant from the compensationfund in respect of an automotive business, the business operator of thatbusiness is liable to the Council for the amount of the payment and theCouncil may collect the amount by civil action for debt in a court ofcompetent jurisdiction.

Annualstatement

31(1) The Council must ensure that an audited financial statement onthe compensation fund containing the information required by theMinister is prepared for each fiscal year of the Council.

(2) The Council must submit an audited financial statement prepared inaccordance with subsection (1) to the Minister within 60 days after theend of the fiscal year for which it is prepared.



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PART 3

CONSIGNMENT SALES

Consignmentagreements

32(1) Section 55 of the Act applies to an agreement between anindividual and a business operator in which the operator agrees to sell onconsignment a motor vehicle of the individual.

(2) Despite subsection (1), section 55 of the Act does not apply inrespect of a sale of a motor vehicle by public auction

(a) by an auction sales business that holds an auction sales businesslicence under the Act, or

(b) that is referred to in section 120(1) of the Act.

Requirements 33(1) A consignment agreement must be in writing and be signed by thebusiness operator and the consignor.

(2) A consignment agreement must

(a) set out the name, business address and business phone numberof the business operator;

(b) set out the name, address and phone number of the consignor;

(c) set out a complete description of the motor vehicle beingconsigned, including

(i) its vehicle identification number,

(ii) the year, make, model number, colour, number of doorsand options of the vehicle,

(iii) the odometer reading of the vehicle, and

(iv) the history of the vehicle within the consignor’sknowledge, setting out any accident, special uses of thevehicle, such as police or taxi use, whether it was ownedby a rental company and any other information that areasonable buyer would want to be aware of indetermining a price for the vehicle;

(d) describe the consignor’s ownership interest in the motor vehicleand, if the consignor has knowledge that the vehicle is subjectto one or more liens, list those liens;

(e) set out when the agreement ends and what happens to the motorvehicle if it has not been sold when the agreement ends;



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(f) set out the disbursements, fees and commissions that thebusiness operator may charge the consignor for servicesprovided by the operator;

(g) set out the minimum amount that the consignor will receivefrom the business operator for the sale of the motor vehicle andwhether the consignor will accept another vehicle or otherpersonal property as part of the minimum amount;

(h) set out who is responsible for insuring the motor vehicle duringthe term of the agreement;

(i) set out any repairs or other work on the motor vehicle that theconsignor authorizes the business operator to perform and whois responsible for paying for the repairs or other work;

(j) contain the terms referred to in subsection (3).

(3) The following terms are deemed to be contained in everyconsignment agreement:

(a) the business operator agrees not to use the motor vehicle for theoperator’s personal use without the written consent of theconsignor;

(b) the business operator agrees to be the trustee of any money,vehicles or other personal property that the operator receives asconsideration for the sale of the motor vehicle being consignedless an amount for the operator’s disbursements, fees andcommission;

(c) the business operator agrees to provide to the consignor, within14 days of the date of sale of the motor vehicle, a copy of thebill of sale that sets out the purchase price for which the motorvehicle was sold if

(i) the remuneration of the business operator is based solelyon a percentage of the purchase price or a combinationof a percentage of the purchase price plusdisbursements, or

(ii) after the consignment agreement is signed, the consignoragrees to receive less from the sale of the motor vehiclethan the amount originally agreed to in the consignmentagreement.

(4) A business operator who enters into a consignment agreement mustgive a copy of the agreement to the consignor.

(5) The provisions in a consignment agreement that deal with thematters referred to in subsection (2)(a) to (i) may be amended with theconsent of the parties to the agreement.



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PART 4

OFFENCES

Offences 34(1) A contravention of section 9, 10, 11, 12, 13 or 33(4) is, for thepurposes of section 162 of the Act, an offence.

(2) A contravention of section 16, 21 or 23 is, for the purposes of section162 of the Act, an offence.

PART 5

TRANSITIONAL PROVISIONS, REPEALS,EXPIRY AND COMING INTO FORCE

Continuation oflicences

35(1) A licence under the Automotive Business Licensing Regulation(AR 188/78) is continued as a general automotive business licence underthis Regulation.

(2) A licence continued under subsection (1) expires on June 30, 2000.

Repeal 36 The Automotive Business Licensing Regulation (AR 188/78) isrepealed.


Coming intoforce

38(1) Subject to subsection (2) and section 3(6), this Regulation comesinto force on September 1, 1999.

(2) Sections 16 to 23, 25 and 34(2) come into force on July 1, 2000.


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Fair Trading Act

CREDIT AND PERSONAL REPORTS REGULATION


Made by the Minister of Government Services (M.O. C:003/99) pursuant to sections 51and 162(2) of the Fair Trading Act.

Table of Contents

Definitions 1Designated reporting agencies 2Records 3Prohibition 4Offence 5Expiry 6Coming into force 7


(a) “common law relationship” means a relationship between 2people of the opposite sex who although not legally married toeach other

(i) continuously cohabited in a marriage-like relationshipfor at least 3 years, or

(ii) if there is a child of the relationship by birth or adoption,cohabited in a marriage-like relationship of somepermanence;

(b) “spouse” means

(i) a spouse of a married person, and

(ii) a party to a common law relationship.

Designatedreportingagencies

2 Each of the following reporting agencies is designated as a reportingagency for the purposes of section 43(e) of the Act:

(a) Equifax Canada Inc.;

(b) Trans Union of Canada Inc.;

(c) The D & B Companies of Canada Ltd.;

(d) Experian Information Solutions Inc.;

(e) Credit Guard Corp.;



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(f) Credit Information Services (PCS) Inc.;

(g) Sterling West Credit Corp.;

(h) CMS Associates Ltd.;

(i) Bruce Publication (1987) Ltd.;

(j) Gatemaster Inc.;

(k) Credifax of Canada Ltd.

Records 3 A reporting agency must retain in its possession all information inrespect of a file for at least 3 years from the date the information isentered on the individual’s file.

Prohibition 4 Notwithstanding section 45(3)(a) of the Act, the following personalinformation may not be reported by a reporting agency or contained inits files:

(a) information about an individual’s health and health care history,including information about a physical or mental disability;

(b) information about an individual’s sexual orientation;

(c) information about a member of an individual’s family, otherthan the name and age of that individual’s spouse.

Offence 5 Any person who contravenes section 3 or 4 is, for the purposes ofsection 162 of the Act, guilty of an offence.


Coming intoforce



- 840 -


Fair Trading Act

COLLECTION PRACTICES REGULATION


Made by the Minister of Government Services (M.O. C:002/99) pursuant to sections 1(2),118. 139, 143 and 162(2) of the Fair Trading Act.

Table of Contents

Interpretation 1Exemption 2

Licensing

Collection agency licences 3Operating at more than one location 4Term of licences 5Fees 6General Licensing and Security Regulation 7Security 8When collector no longer acts for agency 9Name change 10Change in business address 11

Prohibited Practices

Acting for debtor 12Advertising 13

Trust Accounts

Extended meaning of supplier 14Trust established 15Trust account 16Deposits into trust account 17Withdrawals from trust account 18Unable to locate missing creditors 19Register of trust accounts 20

Requirements for Receipts and Reports

Receipts 21Reports to creditors 22Reports to debtors 23

Offences

Offences 24



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Transitional Provisions, Repeal,Expiry and Coming into Force

Continuation of licences 25Special term and fees for licences 26Repeal 27Expiry 28Coming into force 29

Interpretation 1(1) In this Regulation, “Act” means the Fair Trading Act.

(2) The definitions of “collection agency” and “collector” in section 109of the Act apply to this Regulation.

Exemption 2 The following provisions do not apply to a person who carries on thebusiness activity described in section 109(a)(v) of the Act and does notcarry on any of the business activities described in section 109(a)(i) to(iv) of the Act:

(a) sections 113 to 117 of the Act;

(b) sections 12 and 14 to 23 of this Regulation.

Licensing

Collectionagencylicences

3(1) The following classes of collection agency licence are established:

(a) a licence that authorizes the collection agency to act forcreditors;

(b) a debt repayment agency licence.

(2) No person may engage in the business of a collection agencydescribed in section 109(a)(i), (ii), (iv) or (v) of the Act unless the personholds a collection agency licence that authorizes the collection agencyto act for creditors.

(3) No person may engage in the business of a collection agencydescribed in section 109(a)(iii) of the Act unless the person holds a debtrepayment agency licence.

(4) No person may hold at the same time

(a) a collection agency licence that authorizes the collection agencyto act for creditors, and

(b) a debt repayment agency licence.



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Operating atmore than onelocation

4 If a person engages in the business of a collection agency at morethan one location, the person must hold a separate collection agencylicence for each location.

Term oflicences

5(1) The term of a collection agency licence expires on the last day ofthe 12th month after it is issued or renewed.

(2) The term of a collector’s licence expires when the collection agencylicence of the business for which the collector acts expires.

Fees 6(1) The fee to issue or renew a collection agency licence is $168.

(2) The fee to issue or renew a collector’s licence is $72.

(3) The fee to issue an amended collection agency licence or collector’slicence is $40.


7 The General Licensing and Security Regulation applies to collectionagencies and collectors.

Security 8(1) No licence that authorizes the collection agency to act for creditorsmay be issued or renewed unless the applicant submits to the Director asecurity that is in a form and in an amount approved by the Director.


When collectorno longer actsfor agency

9 When a collection agency ceases to employ a collector or authorizea collector to act on its behalf, the agency must send to the Directorwritten notification of

(a) the name of the collector, and

(b) the date that the collector ceases to be employed by orauthorized to act on behalf of the agency.

Name change 10(1) When the name of a collection agency changes, the collectionagency must

(a) immediately notify the Director in writing of the new name, and

(b) return its licence to the Director and ensure that all of thelicences of its collectors are returned to the Director.

(2) When the Director is notified of a name change by a collectionagency and receives the fees for issuing amended licences, the Director



- 843 -

must issue amended licences for the collection agency and its collectorsthat show the new name.

(3) When the name of a collector changes, the collector must

(a) immediately notify the Director in writing of the new name, and

(b) return the collector’s licence to the Director.

(4) When the Director is notified of a name change by a collector andreceives the fee for issuing an amended licence, the Director must issuean amended licence to the collector that shows the new name.

Change inbusinessaddress

11(1) When the business address of a collection agency changes, thecollection agency must return its licence to the Director and ensure thatall of the licences of its collectors are returned to the Director.

(2) When the Director is notified of a change of business address by acollection agency pursuant to section 134(1) of the Act and receives thefees for issuing amended licences, the Director must issue amendedlicences for the collection agency and its collectors that show the newbusiness address.

Prohibited Practices

Acting fordebtor

12(1) No collection agency that carries on the business activitydescribed in section 109(a)(iii) of the Act for a debtor may collect orretain from the debtor a fee, commission or disbursement for its servicesunless before providing the service it has

(a) entered into a written agreement signed by the collection agencyand the debtor to provide the service, or it has obtained writtenauthorization signed by the debtor to provide the service, and

(b) delivered a copy of the agreement or authorization under clause(a) to the debtor.

(2) No collection agency that carries on the business activity describedin section 109(a)(iii) of the Act for a debtor may charge the debtor a feeor commission that exceeds

(a) a one-time administration fee of $100, and

(b) 15% of the gross amount received from or on behalf of thedebtor by the collection agency.

Advertising 13 No collection agency may produce, distribute or publish any false,misleading or deceptive statements in any written, oral or visualadvertisement, circular, program or other advertising medium.



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Trust Accounts

Extendedmeaning ofsupplier

14 For the purposes of section 143(a) of the Act, supplier includes acollection agency.

Trustestablished

15 A collection agency is the trustee of any money collected orreceived from a debtor for distribution to the debtor’s creditors.

Trust account 16(1) Unless subsection (2) applies, a collection agency must deposit allof the money collected or received from a debtor, without making anydeduction, within 3 days of collecting or receiving the money into a trustaccount maintained in a bank, loan corporation, trust corporation, creditunion or treasury branch in Alberta.

(2) The Director may

(a) authorize a collection agency to maintain its trust account in aclass of financial institution approved by the Director that islocated outside Alberta, and

(b) may prescribe the time when the money referred to insubsection (1) is to be deposited into the trust account.

Deposits intotrust account

17 No collection agency may deposit any money into the trust accountit maintains under section 16 except for money collected or receivedfrom a debtor.

Withdrawalsfrom trustaccount

18(1) No collection agency may withdraw money from a trust accountit maintains under section 16 except for the purpose of

(a) paying a creditor money received on behalf of that creditor,

(b) paying the collection agency the fees, commissions anddisbursements to which it is entitled,

(c) correcting an error caused by money being deposited in the trustaccount by mistake, or

(d) making a payment under section 19.

(2) A collection agency that pays creditors from money withdrawn fromits trust account must do so by means of consecutively numberedcheques and must provide the creditor with a statement containing

(a) the date or dates on which the money was collected or receivedby the collection agency,

(b) the name of the debtor,



- 845 -

(c) the gross amount collected,

(d) the amount of the fees, commissions and disbursements retainedby the collection agency,

(e) the net amount payable to the creditor, and

(f) the current balance owing by the debtor.

(3) Subject to section 19, a collection agency must

(a) provide each creditor for which it acts with the statementreferred to in subsection (2), and

(b) remit the money it has collected on behalf of a creditor, less itsfees, commissions and disbursements, to the creditor

on or before the 20th day of the month following the month in which themoney was collected or received.

Unable tolocate missingcreditors

19(1) If a collection agency is unable to locate a creditor who is entitledto money within 6 months after the money has been collected orreceived, the collection agency must pay the money, less its fees,commissions and disbursements, to the Provincial Treasurer in trust.

(2) The Provincial Treasurer may, on receiving an application and anyinformation the Provincial Treasurer requires, pay the money receivedunder subsection (1) to the person entitled to it.

(3) If the Provincial Treasurer does not receive an application for moneypaid under subsection (1) by a person entitled to it within 5 years fromthe time that the money is paid to the Provincial Treasurer, the moneymust be paid into the General Revenue Fund and all claims to the moneyby the person entitled to it are extinguished.

Register oftrust accounts

20 Every collection agency and person who used to engage in thebusiness of a collection agency must

(a) establish a register for the trust accounts it maintains that setsout all money collected or received from a debtor and allamounts paid out,

(b) maintain the register in Alberta, and

(c) maintain the portion of the register in respect of a debtor for atleast 3 years after the last entry respecting that debtor is made.



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Requirements for Receipts and Reports

Receipts 21 The receipts referred to in section 113 of the Act must beconsecutively numbered and contain

(a) the date the amount is collected or received,

(b) the name of the debtor,

(c) the name of the person for whom the collection agency acts, and

(d) the gross amount received in respect of that account.

Reports tocreditors

22(1) For the purposes of section 116(1)(g) of the Act, a written reportthat is provided to a creditor by a collection agency that holds a licencethat authorizes the collection agency to act for creditors must contain thefollowing information:

(a) the gross amount received by the collection agency from thedebtors of the creditor during the period covered by the report;

(b) the fees, commissions and disbursements that the agency hasdeducted;

(c) a description of the activities undertaken by the collectionagency to collect the debts owing to the creditor during theperiod covered by the report.

(2) A collection agency that holds a licence that authorizes the collectionagency to act for creditors must provide, without charge, the writtenreport referred to in subsection (1) to the creditor for which the agencyacts within 10 days of receiving a written request for the report so longas the written request

(a) is not made during the first 90 days that the agency is acting forthe creditor, or

(b) is not made more than once during each subsequent 60-dayperiod that the agency is acting for the creditor.

(3) Despite subsection (2), if a collection agency and the creditor that theagency is acting for enter into an agreement in which the agency agreesto provide the reports referred to in subsection (1) more frequently thanevery 60 days, the agency may charge a fee for the reports as determinedunder the agreement.

Reports todebtors

23(1) For the purposes of section 116(1)(g) of the Act, a written reportthat is provided to a debtor by a collection agency that holds a debtrepayment agency licence must contain the following information:



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(a) the gross amount received by the collection agency from or onbehalf of the debtor;

(b) the amount and date of payments made on behalf of the debtorand to whom they were made;

(c) any fee, commission or disbursement retained by the collectionagency.

(2) A collection agency that holds a debt repayment agency licence mustprovide, without charge, the written report referred to in subsection (1)to the debtor for which the agency acts every 30 days that the agency isacting for the debtor.

Offences

Offences 24 A contravention of section 3(2), (3) or (4), 4, 9, 10(1) or (3), 11(1),12, 13, 16(1), 17, 18, 19(1), 20, 22(2) or 23(2) is, for the purposes ofsection 162 of the Act, an offence.



25(1) A collection agency licence under the Collection Practices Act ofa class described in section 6(a) of the Collection Practices Regulation(AR 77/79) is continued as a debt repayment agency licence and expireson December 31, 1999.

(2) A collection agency licence under the Collection Practices Act of aclass described in section 6(b) of the Collection Practices Regulation(AR 77/79) is continued as a collection agency licence that authorizes thecollection agency to act for creditors and expires on December 31, 1999.

(3) A collector’s licence under the Collection Practices Act is continuedas a collector’s licence under Part 13 of the Fair Trading Act and expireson December 31, 1999.

Special termand fees forlicences

26(1) Despite sections 5 and 6, the term and fee for the renewal of acontinued collection agency licence is set out in Table 1.



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Table 1

Month in whichfiscal year of Date of expiry ofbusiness ends renewed licences Fee

January January 31, 2001 $182February February 28, 2001 $196March March 31, 2001 $210April April 30, 2000 $ 56May May 31, 2000 $ 70June June 30, 2000 $ 84July July 31, 2000 $ 98August August 31, 2000 $112September September 30, 2000 $126October October 31, 2000 $140November November 30, 2000 $154December December 31, 2000 $168

(2) Despite sections 5 and 6, the fee for the renewal of a continuedcollector’s licence is set out in Table 2.

Table 2

Date of expiryof licence Fee(being date of expiry of collectionagency licence of business forwhich the collector acts)

January 31, 2001 $ 78February 28, 2001 $ 84March 31, 2001 $ 90April 30, 2000 $ 24May 31, 2000 $ 30June 30, 2000 $ 36July 31, 2000 $ 42August 31, 2000 $ 48September 30, 2000 $ 54October 31, 2000 $ 60November 30, 2000 $ 66December 31, 2000 $ 72

Repeal 27 The Collection Practices Regulation (AR 77/79) is repealed.




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Coming intoforce


------------------------------


Fair Trading Act

APPEAL BOARD REGULATION


Made by the Minister of Government Services (M.O. C:014/99) pursuant to section 183of the Fair Trading Act.

Table of Contents

Definitions 1Formation of appeal boards 2Jurisdiction of appeal boards 3Notice of appeal 4Director as party 5Notice of hearing 6Adjournments 7Right to attend hearing 8Representation by lawyer 9Hearing open to public 10Rules of Court 11Absence of party 12Appeal without hearing 13Evidence 14Decision of appeal board 15Publication 16Expiry 17Coming into force 18



(b) “appeal” means an appeal referred to in section 179(1) of theAct;

(c) “appeal board” means an appeal board referred to in section179(2) of the Act.

Formation ofappeal boards

2(1) The Minister is responsible for appointing members to an appealboard.

(2) An appeal board is composed of 3 to 5 members.



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(3) Each appeal board must have a chair designated by the Minister.

(4) The chair may not be

(a) the Director,

(b) an employee of the Department of the Government in which theDirector is employed, or

(c) a licensee.

(5) This section does not apply to an appeal board designated undersection 179(4) of the Act.

Jurisdiction ofappeal boards

3 When the Minister appoints members to an appeal board ordesignates an appeal board under section 179(4) of the Act, the Ministermust specify the appeal or appeals for which the appeal board isresponsible.

Notice ofappeal

4 A notice of appeal referred to in section 179 of the Act must be inwriting and set out

(a) the appellant’s name,

(b) the appellant’s address for service,

(c) the decision or order being appealed, and

(d) a brief description of the grounds for the appeal.

Director asparty

5 The Director is a party to every appeal.

Notice ofhearing

6 Unless section 13 applies, the appeal board responsible for hearing anappeal must send a notice of the time and place of the hearing of theappeal to the appellant’s address for service and to the Director.

Adjournments 7 An appeal board may grant an adjournment of a hearing for anyperiod and on any terms it considers appropriate if the appeal board issatisfied that

(a) there are compelling reasons for granting the adjournment, or

(b) not granting the adjournment would amount to a denial offairness to one or more of the parties to the appeal.



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Right to attendhearing

8 The parties to an appeal have a right to attend all hearings held inrespect of the appeal.

Representa-tion by lawyer

9 A person appearing before an appeal board may be represented by alawyer.

Hearing opento public

10 A hearing before an appeal board is open to the public unless thechair of the appeal board considers it to be in the public interest to directthat the hearing be closed to the public.

Rules of Court 11 The provisions of the Alberta Rules of Court relating to the paymentof conduct money and witness fees apply to appeals.

Absence ofparty

12 If a party to an appeal fails to appear in person or by lawyer or otheragent within one hour from the time set out in the notice given undersection 6, the appeal may be dismissed or the hearing conducted anddetermined in that person’s absence as the appeal board considers properin the circumstances.

Appeal withouthearing

13(1) With the consent of the parties to an appeal, the consideration ofthe appeal may be conducted without a hearing.

(2) Where an appeal is conducted under subsection (1) without ahearing, all matters concerning the appeal must be submitted in writing,or as otherwise directed by the appeal board, to the appeal board notmore than 30 days after the parties provide their consent undersubsection (1).

Evidence 14(1) An appeal board is not bound by the rules of evidence in judicialproceedings.

(2) Evidence may be given before an appeal board in any manner thatthe appeal board considers appropriate.

Decision ofappeal board

15(1) An appeal board must give its decision on an appeal not more than45 days after the conclusion of the hearing or, if there is no hearing undersection 13(1), not more than 30 days after the parties have made theirsubmissions to the appeal board under section 13(2).

(2) The time periods in subsection (1) are subject to any time period setby the Minister under section 179(5) of the Act.

(3) The decision of an appeal board must be in writing and includereasons.



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(4) After an appeal board gives a decision, the appeal board mustpromptly provide a copy of the decision with reasons to the parties to theappeal.

Publication 16 The Director may publish the decision of an appeal board in anymanner that the Director considers appropriate.


Coming intoforce


------------------------------


Fair Trading Act

PUBLIC AUCTIONS REGULATION


Made by the Minister of Government Services (M.O. C:011/99) pursuant to section 124,139, 143 and 162(2) of the Fair Trading Act.

Table of Contents

Interpretation 1

Licensing of Auction Sales Businesses

Term 2Fee 3General Licensing and Security Regulation 4Security 5

Qualifications of Auctioneers

Qualifications 6

Liens on Goods

Statutory declaration 7



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Responsibilities of business 8Bidding by employees of business 9Bidding by consignor 10Reserve bids 11Completion of sale 12Attendance by public 13

Trust Accounts

Extended meaning of supplier 14Trust established 15Trust account 16Withdrawal from trust account 17Statement to consignor and lienholder 18

Records

Duty to keep records 19Duty to produce declaration 20Trust records 21

Offences

Offences 22


Transitional 23Repeal 24Expiry 25Coming into force 26

Interpretation 1(1) In this Regulation,


(b) “licence” means an auction sales business licence;

(c) “lien”, in respect of goods to be sold at a public auction, meansany lien, mortgage, charge or encumbrance to which the goodsare subject.

(2) The definitions of auction sales business, auctioneer and sale bypublic auction in section 119 of the Act apply to this Regulation.

(3) The definition of goods in section 1(1)(e) of the Act does not applyto this Regulation.



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Licensing of Auction Sales Businesses

Term 2 The term of a licence ends on the last day of the 60th month after itis issued or renewed.

Fee 3 The fee for a licence or to renew a licence is $300.


4 The General Licensing and Security Regulation applies to auctionsales businesses.



Qualifications of Auctioneers

Qualifications 6(1) An individual is qualified to conduct the bidding at a sale by publicauction if

(a) the individual

(i) is 18 years of age or older,

(ii) is a Canadian citizen, has been a resident of Canada forat least 3 consecutive months immediately prior to thedate of the sale or is a non-resident who is legallyadmitted to Canada under the Immigration Act (Canada),and

(iii) has successfully completed an auction course recognizedby the Director, or has been an auctioneer in anotherjurisdiction for at least one year immediately prior to thedate of the sale,

or

(b) the individual is a full member in good standing of theAuctioneers Association of Alberta.

(2) No individual may conduct the bidding at a sale by public auctionunless the individual meets the qualifications set out in subsection (1).

(3) Subsection (2) does not apply to a sale by public auction referred toin section 120(1)(e) of the Act.



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Liens on Goods

Statutorydeclaration

7(1) In this section, “goods” means one item.

(2) No auction sales business may sell by public auction goods that havea market value exceeding $1000 unless, before the sale is held, thebusiness obtains from the consignor of the goods a statutory declarationmade by a person referred to in subsection (3) that sets out

(a) the name of the owner of the goods or, if the goods are subjectto a lien, the person entitled to possession of the goods, and

(b) if the person making the declaration has knowledge that thegoods are subject to one or more liens, the names of thelienholders and the amounts payable under the liens.

(3) The statutory declaration must be made

(a) by the owner of the goods,

(b) if the goods are subject to a lien, by the person entitled topossession of the goods, or

(c) by an agent of the person referred to in clause (a) or (b), inwhich case the agent must have knowledge of the facts.

(4) The duty to obtain the statutory declaration under subsection (2)does not apply when the consignor of the goods is the Crown.

(5) Compliance with this section by an auction sales business does notaffect the liability of that business with respect to unpaid liens on goodsit sells by public auction.


Respon-sibilities ofbusiness

8 Every auction sales business

(a) must render the best possible service to its consignors and allpersons in attendance at a sale by public auction,

(b) must render its services for reasonable fees and commissionsthat generally prevail in the auction sales business,

(c) is solely responsible for all money received or payable onaccount at any sale by public auction that it holds, and

(d) is solely responsible for the acts of its employees and agents

(i) in the conduct of any sale by public auction that it holds,

(ii) in the recording of the proceeds of any sale by publicauction that it holds, and



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(iii) in the accounting for money received and payable for allgoods sold at any sale by public auction that it holds.

Bidding byemployees ofbusiness

9(1) No employee or agent of an auction sales business may bid ongoods at a sale by public auction that is held by the business if the personhas no intention of buying the goods.

(2) Subsection (1) does not apply to an employee or agent of an auctionsales business who makes a bid on behalf of a bidder who is not presentat a sale by public auction that is held by the business.

(3) No auction sales business may permit an employee or agent tocontravene subsection (1).

Bidding byconsignor

10(1) In this section, “agent of the consignor” does not include anauction sales business, or an employee or agent of the business, that isholding a sale by public auction of a consignor’s goods.

(2) No auctioneer who is conducting the bidding at a sale by publicauction may accept a bid on goods from a consignor of the goods or anagent of the consignor if the auctioneer knows or should know that thebidder is the consignor or the agent of the consignor.

(3) Every auction sales business must ensure that its auctioneers complywith this section.

Reserve bids 11(1) No auction sales business may advertise that a sale of goods bypublic auction it is holding is unreserved if there will be any goodssubject to a reserve bid at the sale.

(2) If some or all of the goods to be sold at the sale by public auction aresubject to a reserve bid, the auction sales business holding the sale must

(a) ensure that the auctioneer indicates immediately before the startof the auction that some or all, as the case may be, of the goodsto be sold are subject to a reserve bid, and

(b) ensure that any written material available to bidders at theauction that describes the goods to be sold indicates that someor all, as the case may be, of the goods are subject to a reservebid.

Completion ofsale

12 An auction sales business must ensure that an auctioneer conductingthe bidding on its behalf at a sale by public auction held by it states at thestart of the auction, and at the recommencement of it if it is adjourned,that



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(a) the sale of each item is complete when the auctioneer announcesits completion by the fall of the hammer or by any othercustomary manner, and

(b) until that announcement is made, any bidder who has made abid may retract the bid.

Attendance bypublic

13(1) An auction sales business that holds a sale by public auction mustensure that the sale is open to all members of the public who want toattend for the purpose of bidding at the sale.

(2) Subsection (1) does not prevent an auction sales business fromexcluding a person if there are reasonable grounds to believe that theperson

(a) will likely disrupt the conduct of the auction, or

(b) will be unable to pay for the items on which the person bids.

Trust Accounts

Extendedmeaning ofsupplier

14 For the purposes of section 143(a) of the Act, “supplier” includes anauction sales business.

Trustestablished

15(1) An auction sales business is the trustee of any money receivedfrom the sale of goods by public auction that it holds, and the businessholds the money in trust to be paid out in accordance with thisRegulation.

(2) The auction sales business must deposit all of the money receivedfrom the sale of goods, without making any deduction, into a trustaccount described in section 16

(a) with respect to money received during the sale by publicauction, within 3 days after the end of the sale, and

(b) with respect to money received after the end of the sale bypublic auction, within 3 days of receiving the money.

Trust account 16(1) An auction sales business must maintain a trust account for thedeposit of money received from the sale of goods sold by public auctionsthat it holds.

(2) An auction sales business must maintain the trust account in a bank,loan corporation, trust corporation, credit union or treasury branch inAlberta.



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(3) No auction sales business may deposit any money into a trustaccount under subsection (1) except for money received from the sale ofgoods by public auctions that it holds.

Withdrawalfrom trustaccount

17(1) An auction sales business that has deposited into a trust accountmoney received on the sale of goods by public auction must, within 21days after the sale,

(a) if the business has knowledge that the goods are subject to alien,

(i) issue a cheque from the trust account for the amountowing under such lien payable to the consignor and thelienholder and take reasonable steps to ensure that thelienholder receives the amount owing, and

(ii) issue a cheque from the trust account payable to theconsignor for the consignor’s share of the purchaseprice, being the purchase price less the amount payableto the lienholders, applicable taxes and the auction salesbusiness’s fees and commissions,

and

(b) in any other case, issue a cheque from the trust account payableto the consignor for the consignor’s share of the purchase price,being the purchase price less applicable taxes and the auctionsales business’s fees and commissions.

(2) If there is a dispute respecting the ownership of goods sold by publicauction, the auction sales business may pay from the trust account theproceeds of the sale less applicable taxes and the business’s fees andcommissions to the Court of Queen’s Bench and the Court maydetermine who is entitled to the proceeds.

(3) No auction sales business may withdraw money from a trust accountto cover its fees or commissions in respect of a sale of goods unless thebusiness has issued the cheques referred to in subsection (1) or paid theproceeds to the Court of Queen’s Bench under subsection (2).

Statement toconsignor andlienholder

18 An auction sales business must, within 21 days after the date of asale of goods by public auction, provide the consignor of the goods and,if the business has knowledge that the goods are subject to a lien, providethe lienholder with a statement setting out the amount received for eachof the goods.



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Records

Duty to keeprecords

19 In addition to the requirements respecting records under section132(1) of the Act and section 8 of the General Licensing and SecurityRegulation, every licensee and former licensee must maintain thefollowing records and documents for at least 3 years after the day onwhich the goods to which the record or document relates were sold:

(a) statutory declarations provided to it under section 7;

(b) records of every sale by public auction held by it.

Duty toproducedeclaration

20 An auction sales business must produce a statutory declarationprovided to it under section 7 to a person having an interest in the goodsto which the declaration relates.

Trust records 21(1) Every licensee and former licensee must keep in Alberta trustrecords of money received at a sale by public auction held by it and thatinclude the information referred to in subsection (2) and must retainthose records for a period of at least 3 years following the date on whichthe sale was held, whether or not the auction sales business ceases tocarry on business within that 3-year period.

(2) The trust records referred to in subsection (1) must include

(a) the municipal address or legal description of the location wherethe sale was held,

(b) the date on which the sale was held,

(c) the name and address of each person on whose behalf the salewas held,

(d) a description of the goods sold sufficient to identify each of thegoods, and the name and address of each person on whosebehalf the goods were sold,

(e) the name and address of the purchaser or the bid number of thepurchaser of each of the goods sold for a consideration of $500or more,

(f) the consideration paid for each of the goods sold,

(g) the fee or commission payable to the auction sales business foreach of the goods sold,

(h) the amount of the taxes paid in respect of each of the goodssold, and



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(i) the amount to be disbursed in respect of each of the goods toeach person on whose behalf the sale was held and to eachperson having an interest in or lien on the goods sold.

(3) An auction sales business that refers to the bid numbers of registeredbidders in its trust records must maintain a record that sets out

(a) the name, address and bid number of each registered bidder, and

(b) the lot number or other description of each of the goods soldand the bid number of the registered bidder who purchased thegoods.

Offences

Offences 22 A contravention of section 6(2), 7, 8, 9, 10(2) or (3), 11, 12, 13(1),15(2), 16, 17(1) or (3), 18, 19, 20 or 21 is, for the purposes of section162 of the Act, an offence.


Transitional 23 A licence under the Public Auctions Act is continued as an auctionsales business licence under Part 12 of the Fair Trading Act.

Repeal 24 The Auction Sales Business Licensing Regulation (AR 210/82) isrepealed.


Coming intoforce



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Fair Trading Act

RETAIL HOME SALES BUSINESS LICENSING REGULATION



Table of Contents

Definitions 1Licence 2Complying with laws 3Term 4Fee 5General Licensing and Security Regulation 6Security 7Retail home sales contracts 8Deposit 9Offences 10Continuation of licences 11Repeals 12Expiry 13Coming into force 14

Definitions 1 In this Part,


(b) “licence” means a retail home sales business licence establishedby this Regulation;

(c) “manufactured home” means a home that is constructed

(i) as an individual pre-assembled unit intended for deliveryto a residential site, or

(ii) from a number of pre-assembled units that are intendedfor delivery to and assembly at a residential site;

(d) “mobile home” means a portable dwelling that

(i) is designed to be used as a residence,

(ii) is mounted on or otherwise attached to its own chassisand running gear, and

(iii) is capable of being transported on its own chassis andrunning gear by towing or other means;



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(e) “package home” means a home consisting of materials that arepre-cut or partially pre-assembled and that are intended forassembly, erection or construction into a home at a residentialsite;

(f) “retail home sales business” means the business designated asthe retail home sales business under the Designation of Tradesand Businesses Regulation;

(g) “retail home sales contract” means a contract for the sale of amanufactured home, mobile home or package home entered intoby a person engaged in a retail home sales business.

Licence 2(1) The class of licence to be known as the retail home sales businesslicence is established.

(2) A person who holds a retail home sales business licence isauthorized to engage in the retail home sales business.

Complying withlaws

3 The Director may refuse to issue or renew a licence if the applicant isunable to satisfy the Director that the applicant is complying with thelaws, including municipal bylaws, that apply to the operation of the retailhome sales business.

Term 4 The term of a licence expires on the last day of the 24th month afterit is issued or renewed.

Fee 5 The fee for a licence is $120.


6 The General Licensing and Security Regulation applies to the retailhome sales business.



Retail homesales contracts

8(1) Every person who is engaged in the retail home sales business mustensure that its retail home sales contracts are in writing and set out

(a) the date on which the contract was entered into,

(b) the name and address of the seller and the buyer,



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(c) the total amount payable by the buyer and the conditions ofpayment,

(d) a detailed description of the home, materials, appliances orfixtures to be supplied,

(e) if the buyer is required to provide a deposit, the amount of thedeposit and the terms respecting what it is to be used for and thecircumstances in which it is to be returned to the buyer,

(f) the delivery date,

(g) the completion date, if applicable,

(h) the year of manufacture of the home,

(i) the name of the home’s manufacturer, and

(j) the home’s serial number and its CSA label number.

(2) Despite subsection (1), every person who is engaged in the retailhome sales business must ensure that, if one of its retail home salescontracts is a direct sales contract under Part 3 of the Act, the retail homesales contract

(a) complies with the requirements of section 35 of the Act, and

(b) sets out the information referred to in subsection (1)(d), (e) and(g) to (j).

(3) A person who is engaged in the retail home sales business and whoenters into a retail home sales contract with a buyer must provide a copyof the signed contract to the buyer

(a) on or before the date that the work under the contract begins, or

(b) within 10 days after the buyer signs the contract,

whichever occurs first.

Deposit 9 The deposit paid to a licensee under a retail home sales contract is theproperty of the person who paid it or on whose behalf it was paid and thelicensee must not use it as collateral or appropriate or convert it exceptin accordance with the terms of the contract.



11 A licence under the Retail Home Sales Business LicensingRegulation (AR 189/82) is continued as a licence under this Regulation.



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Repeals 12 The following regulations are repealed:

(a) Retail Home Sales Business Licensing Regulation (AR 189/82);

(b) Sale of New Mobile Homes Regulation (AR 104/92).


Coming intoforce


------------------------------


Fair Trading Act

COST OF CREDIT DISCLOSURE REGULATION


Made by the Minister of Government Services (M.O. C:015/99) pursuant to section 101(1)of the Fair Trading Act.

Table of Contents

Interpretation 1Exemptions from Act 2

Part 1Disclosure Information

General

Estimates and assumptions 3Advertisements 4Waiver 5

Fixed Credit

Advertisements 6Advertising interest-free periods 7Initial disclosure statement for fixed credit 8Changes in interest rate 9Disclosure where mortgage loan renewed 10Renewal of non-mortgage loan 11



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Open Credit

Advertising for open credit 12Contents of initial disclosure statement 13Contents of statement of account 14Application for credit card 15Section 89(3) 16

Part 1.1Time Sales, Deferred Payment Plans,

Loan Agreements and Leases

Interpretation 16.1Credit cards 16.2Time sales 16.3Loan agreements 16.4Disclosure for loan payments on demand 16.5Continuous deferred payment plan 16.6Leases 16.7

Part 2Leases

Definitions 17Advertisements 18Disclosure statement for lease 19Maximum liability 20

Part 3Calculations

Value re s59(3) of Act 21Calculation of APR 22APR for certain credit agreements 23APR for other credit agreements 24Rebates 25APR and implicit finance charge for leases 26Assumptions and tolerance 27Calculation of prepayment refund or credit 28Maximum liability under residual obligation lease 29

Part 4Transitional Provisions, Repeals and Expiry

Transitional 30Repeal 31Expiry 32

Schedule

Interpretation 1(1) For the purposes of Part 9 of the Act and this Regulation, 2 personsare associates of each other if



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(a) one of them is the spouse, child, sibling or business partner ofthe other, or

(b) one of them is a corporation and a sufficient number of sharesto elect a majority of its directors is owned by

(i) the other person,

(ii) one or more associates of the other person, or

(iii) the other person and one or more associates of the otherperson.

(2) For the purposes of Part 9 of the Act and this Regulation, an indexrate is a rate that is made public at least weekly in a publication that hasgeneral circulation in the Province.

(3) For the purposes of Part 9 of the Act and this Regulation,

(a) “high ratio mortgage” means a mortgage loan under which theamount advanced, together with the amount outstanding underany other mortgage that ranks equally with or prior to themortgage loan, exceeds 75% of the market value of the relevantreal property;

(b) “mortgage loan” means a loan of money secured by a chargeagainst real property.

(4) For the purposes of section 69 of the Act, reasonable charges inrespect of legal costs include solicitor and client costs.

Exemptionsfrom Act

2(1) Part 9 of the Act does not apply to the following:

(a) a sale of a service by a public utility as defined in the PublicUtilities Board Act;

(b) a loan made by a life insurance company under a life insurancepolicy to the insured or his assignee solely on the security of thecash surrender value of the policy;

(c) a loan made under the Student Loan Act, the Students FinanceAct, the Canada Student Financial Assistance Act (Canada) orthe Canada Student Loans Act (Canada);

(d) the payment of taxes under the Municipal Government Act orthe Metis Settlements Act;

(e) overdraft protection on a deposit account.

(2) Section 71 of the Act does not apply to mortgage loans.



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PART 1

DISCLOSURE INFORMATION

General

Estimates andassumptions

3 Where a disclosure is required by Part 9 of the Act or this Regulation,the credit grantor may base the disclosure on an estimate or assumptionwhere

(a) the disclosure depends on information that is not ascertainableby the credit grantor at the time of disclosure, and

(b) the estimate or assumption is reasonable and is clearly identifiedas an estimate or assumption.

Advertise-ments

4 Where an advertisement contains information that under section 6,7(2), 12(1) or 18 requires disclosure of the APR or other information inthe advertisement,

(a) the APR must be as prominent, in relation to looking at it,listening to it, or both, as the case may be, as any of theinformation that required the APR to be disclosed, and

(b) any other information required to be disclosed must beconspicuous.

Waiver 5(1) A borrower may waive the time period for delivery of a disclosurestatement referred to in section 64(2) of the Act if

(a) the borrower has received independent advice regarding thelegal effect of the waiver and a statement to that effect, signedby the lawyer providing the advice, is attached to the waiver,

(b) the mortgage loan to which the waiver relates provides theborrower with prepayment rights that are as favourable to theborrower as those provided by section 68 of the Act for creditagreements that are not mortgage loans, or

(c) any obligation to which section 64(2)(a) of the Act applies willbe extinguished and any payment to which section 64(2)(b) ofthe Act applies will be refunded to the borrower by the creditgrantor if the borrower notifies the credit grantor within 2 daysafter receiving the disclosure statement that the borrowerintends to withdraw from or does not intend to enter into thecredit agreement.

(2) A waiver under this section is effective only if

(a) it is in writing and signed by the borrower, and



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(b) in the case of a waiver under subsection (1)(c), the waiverdocument clearly and prominently discloses the borrower’srights referred to in subsection (1)(c).

(3) Where a borrower has waived the time period referred to in section64(2) of the Act, the credit grantor must deliver the disclosure statementat the time of or before the earlier of the events described in section64(2)(a) and (b) of the Act.

(4) Any charge that is prescribed as value received by the borrower forthe purposes of section 59(3) of the Act is also prescribed for thepurposes of section 64(2)(a) and (b) of the Act.

(5) In subsection (1)(a), “independent advice” means advice given by aperson who is independent of the credit grantor.

Fixed Credit

Advertise-ments

6(1) This section applies only to advertisements that offer credit andstate the interest rate or amount of any payment.

(2) The information required to be disclosed for the purposes of section76(1) of the Act is

(a) the APR, and

(b) the term.

(3) In addition to the information required under subsection (2),

(a) an advertisement for a credit sale of a specifically identifiedproduct must disclose the cash price, and

(b) an advertisement for a credit sale in connection with which anynon-interest finance charge would be payable must disclose

(i) the cash price, and

(ii) the total cost of credit,

except that an advertisement on radio, television or a billboardor other media with similar time or space limitations is notrequired to disclose the total cost of credit.

(4) Where any of the information required to be disclosed bysubsections (2) and (3) would not be the same for all credit agreementsto which the advertisement relates, the information must be for arepresentative transaction and must be disclosed as such.



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Advertisinginterest-freeperiods

7(1) The information required to be disclosed for the purposes of section76(2) of the Act must disclose whether

(a) the transaction is unconditionally interest-free during the period,or

(b) interest accrues during the period but will be forgiven undercertain conditions.

(2) If interest accrues during the period but will be forgiven undercertain conditions, the advertisement must also disclose

(a) the conditions, and

(b) the APR for the period, assuming the conditions for forgivenessof the interest are not met.

Initialdisclosurestatement forfixed credit

8(1) The initial disclosure statement for the purposes of section 77 of theAct for a scheduled-payments credit agreement must disclose theeffective date of the statement and as much of the following informationas is applicable:

(a) for a credit sale, a description of the product;

(b) the outstanding balance as of the effective date of the disclosurestatement, accounting for every payment made by the borroweron or before the effective date;

(c) the nature and amount of each advance, charge or paymentaccounted for in the outstanding balance disclosed under clause(b);

(d) the term;

(e) the amortization period, where it is longer than the term;

(f) the date on which interest begins to accrue and the particularsof any grace period;

(g) where the interest rate will not change during the term,

(i) the interest rate,

(ii) the circumstances under which unpaid interest will beadded to principal, and

(iii) the application of payments as between interest andprincipal;

(h) where the interest rate may change during the term,



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(i) the initial interest rate, the circumstances under whichunpaid interest will be added to principal and theapplication of payments as between interest andprincipal,

(ii) the method of determining the interest rate throughoutthe term, and

(iii) unless the amount of scheduled payments is adjustedautomatically to account for changes in the interest rate,the lowest annual interest rate, based on the initialoutstanding balance, at which the payments would notcover the interest that would accrue between payments;

(i) the nature and amount of any charges, other than interest, thatare not disclosed under clause (c) but that will be payable by theborrower in connection with the credit agreement;

(j) the amount and timing of any advances to be made after theeffective date of the disclosure statement;

(k) the amount and timing of any payments to be made after theeffective date of the disclosure statement;

(l) the total of all advances made or to be made in connection withthe credit agreement;

(m) the total of all payments to be made in connection with thecredit agreement;

(n) the total cost of credit;

(o) the APR;

(p) the nature of any default charges provided for by the creditagreement;

(q) a description of the subject-matter of any security interest;

(r) for a mortgage loan, a statement of the conditions, if any, underwhich the borrower may make prepayments, and any charge forprepayment;

(s) for a credit agreement other than a mortgage loan, a statementthat the borrower is entitled to prepay the entire outstandingbalance at any time without penalty and is entitled to makepartial payments without penalty on any scheduled paymentdate;

(t) the nature of, and the amount and timing of payments for, anyoptional services purchased by the borrower for whichpayments are to be made to or through the credit grantor;



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(u) the borrower’s right to cancel optional services of a continuingnature in accordance with section 67 of the Act.

(2) The initial disclosure statement for a credit agreement that is not ascheduled-payments credit agreement must

(a) disclose as much of the information referred to in subsection(1)(a) to (c), (f) to (i), (l) and (o) to (u) as is applicable, and

(b) either disclose the circumstances under which the outstandingbalance, or any portion of it, must be paid or refer to theprovisions of the credit agreement that describe thosecircumstances.

Changes ininterest rate

9(1) The information required to be disclosed for the purposes of section78(1) of the Act is as follows:

(a) the annual interest rate at the beginning and end of the period;

(b) the outstanding balance at the beginning and end of the period;

(c) for a scheduled-payments credit agreement, the amount andtiming of all remaining payments, based on the annual interestrate at the end of the period.

(2) The information required to be disclosed for the purposes of section78(2) of the Act is as follows:

(a) the new annual interest rate;

(b) the date that the new rate takes effect;

(c) how the amount or timing of any payment will be affected bythe change in the interest rate.

Disclosurewheremortgage loanrenewed

10(1) The information required to be disclosed for the purposes ofsection 80(2) of the Act is as follows:

(a) the maturity date;

(b) the outstanding balance as of the maturity date, assuming thatthe borrower makes all the payments due between the date ofthe disclosure statement and the renewal date;

(c) the term of the renewed agreement;

(d) the amortization period from the renewed date;

(e) the relevant interest rate information referred to in section 8(g)or (h);



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(f) the nature and amount of any charges other than interest payablein connection with the renewed agreement;

(g) the amount and timing of all payments to be made in connectionwith the renewed agreement;

(h) the total of all payments to be made in connection with therenewed agreement;

(i) the total cost of credit for the renewed agreement;

(j) the APR for the renewed agreement;

(k) a statement of the conditions, if any, under which the borrowermay make prepayments, and any charge for prepayment.

(2) The disclosure statement may provide information regardingalternative renewal options offered to the borrower.

Renewal ofnon-mortgageloan

11 The information contained in section 10(1)(a) to (j) is to be includedin a disclosure statement referred to in section 81 of the Act.

Open Credit

Advertising foropen credit

12(1) The information required to be disclosed for the purposes ofsection 83(1) of the Act about the cost of open credit that is notassociated with a credit card is the APR for the open credit.

(2) The information required to be disclosed for the purposes of section83(1) of the Act about the cost of open credit that is associated with acredit card is the current annual interest rate and any initial or periodicnon-interest finance charges for the open credit.

(3) The information required to be disclosed for the purposes of section83(2) of the Act is whether

(a) the transaction is unconditionally interest-free during the period,or

(b) interest accrues during the period but will be forgiven undercertain conditions.

(4) If interest accrues during the period but will be forgiven undercertain conditions, the advertisement must also disclose

(a) the conditions, and

(b) the annual interest rate for the period, assuming the conditionsfor forgiveness of the interest are not met.



- 873 -

Contents ofinitialdisclosurestatement

13(1) As much of the following information as is applicable is requiredto be disclosed for the purposes of section 84 of the Act:

(a) the credit limit;

(b) the minimum periodic payment or the method of determiningthe minimum periodic payment;

(c) the initial annual interest rate and the compounding period;

(d) if the annual interest rate may change, the method ofdetermining the annual interest rate at any time;

(e) when interest begins to accrue on advances or different types ofadvances, and the particulars of any grace period;

(f) the nature and amount, or the method of determining theamount, of any non-interest finance charges that may becomepayable under the agreement;

(g) for open credit that is not associated with a credit card, the APR;

(h) any optional services purchased by the borrower for whichpayments are to be made to or through the credit grantor, andthe charges for such services;

(i) a description of the subject-matter of any security interest;

(j) the nature of any default charges provided for by the agreement;

(k) how often the borrower will receive statements of account;

(l) if the borrower is required to pay the outstanding balance oneach statement of account in full on receiving the statement,

(i) a statement to that effect,

(ii) the period within which the borrower must pay theoutstanding balance to avoid being in default, and

(iii) the annual interest rate that applies to any amount that isnot paid when due;

(m) a telephone number in accordance with section 85(3) of the Act.

(2) Despite subsection (1),

(a) the credit limit may be disclosed

(i) in the initial disclosure statement,

(ii) in the first statement of account, or



- 874 -

(iii) in a separate statement delivered to the borrower no laterthan when the borrower receives the first statement ofaccount,

and

(b) information

(i) about optional services and charges for those services, or

(ii) that relates to a specific transaction under the creditagreement

may be provided in the initial disclosure statement or in aseparate statement delivered to the borrower before the servicesare provided or the transaction occurs.

Contents ofstatement ofaccount

14(1) As much of the following information as is applicable is requiredto be disclosed for the purposes of section 85(4) of the Act:

(a) the period covered by the statement;

(b) the outstanding balance at the beginning of the period;

(c) the amount, description and posting date of each transaction orcharge added to the outstanding balance during the period;

(d) the amount and posting date of each payment or creditsubtracted from the outstanding balance during the period;

(e) the annual interest rate or rates in effect during the period or anypart of the period;

(f) the total of all amounts added to the outstanding balance duringthe period;

(g) the total of all amounts subtracted from the outstanding balanceduring the period;

(h) the outstanding balance at the end of the period;

(i) the credit limit;

(j) the minimum payment;

(k) the due date for payment;

(l) the amount that the borrower must pay on or before the due datein order to take advantage of a grace period;

(m) the borrower’s rights and obligations regarding the correctionof billing errors;



- 875 -

(n) a telephone number in accordance with section 85(3) of the Act.

(2) A transaction is sufficiently described for the purposes of subsection(1)(c) if the description in the statement of account, along with anytransaction record included with the statement of account or madeavailable to the borrower at the time of the transaction, can reasonablybe expected to enable the borrower to verify the transaction.

Application forcredit card

15(1) Subject to subsection (3), the information required to be disclosedfor the purposes of section 87 of the Act is as follows:

(a) either

(i) the annual interest rate, if the interest rate is not afloating rate, or

(ii) the index and the relationship between the index and theannual interest rate, if the interest rate is a floating rate;

(b) the grace period, if any;

(c) the amount of any non-interest finance charges;

(d) the date as of which the information referred to in clauses (a),(b) and (c) is current.

(2) Where a credit card issuer communicates directly with an individual,whether in person or by mail, telephone or any electronic means, for thepurpose of inviting that individual to apply for a credit card, the creditcard issuer must, subject to subsection (3), prominently disclose in thecommunication the information referred to in subsection (1).

(3) Instead of disclosing the information required by subsection (1) or(2), the application form or the communication, as the case may be, maydisclose a telephone number provided in accordance with section 85(3)of the Act at which the borrower may obtain that information.

(4) Despite subsection (3), where a borrower applies for a credit card inperson, or by telephone or any electronic means, the credit card issuermust disclose the information required by subsection (1) when theborrower makes the application.

Section 89(3) 16 Section 89(3) of the Act does not apply to the use of a credit card inconjunction with a personal identification number at a device commonlyreferred to as an automated teller machine or ATM.



- 876 -

PART 1.1

TIME SALES, DEFERRED PAYMENT PLANS,LOAN AGREEMENTS AND LEASES

Interpretation 16.1(1) In this Part and the Schedule, “former enactments” mean theConsumer Credit Transactions Act (SA 1985 cC-22.5) and theConsumer Credit Transactions Regulation (AR 307/87).

(2) Words and expressions used in this Part that are defined in theformer enactments are to be construed in accordance with thoseenactments.

(3) In determining the annual percentage rate for the purposes of thisPart, the following apply:

(a) the annual percentage rate is, in relation to a credit transaction,the percentage rate for each period of time that, when multipliedby the principal amount owing under the credit transaction thatis outstanding at the end of each period, will produce an amountor amounts the total of which is equal to the credit charges inrelation to the credit transaction, expressed as a rate per annum;

(b) the credit charges for a period of time in respect of a credittransaction shall be calculated by multiplying the portion of theannual percentage rate that the period is of one year by theprincipal amount that is outstanding at the end of the period;

(c) any payment made in respect of a credit transaction shall beapplied first to pay the earned credit charges and thereafter toreduce the principal amount of the outstanding debt;

(d) the annual percentage rate in respect of credit charges may beexpressed as a compounded rate if

(i) the credit agreement to which the credit charges relateshows the credit charges as a compounded rate, and

(ii) the period of compounding is disclosed.

Credit cards 16.2 This Part does not apply to a credit agreement for open creditunder which a credit card as defined in the Act is issued.

Time sales 16.3(1) If a scheduled-payments credit agreement is a time saleagreement, the initial disclosure statement may disclose the followinginformation instead of the information referred to in section 8(1):

(a) the date the agreement is executed;

(b) the number, amount and due dates of the instalments;



- 877 -

(c) the cash price;

(d) the description of any trade-in;

(e) the amount, if any, being allowed for a trade-in;

(f) the amount of any down payment;

(g) the amount of credit granted by the credit grantor to theborrower;

(h) each type of insurance provided in respect of the time saleagreement that is requested by the borrower and the amount ofthe premium payable by the borrower with respect to each typeof insurance so provided;

(i) the official fee, if any;

(j) the total principal amount owing under the time sale agreement;

(k) the total amount of all credit charges, if any, as an annualpercentage rate and in dollars and cents;

(l) any other costs or charges not referred to in this section that areto be paid by the borrower;

(m) the total amount to be repaid by the borrower;

(n) a clear description of the goods or services purchased;

(o) the model or serial number, or both, where available, of thegoods purchased.

(2) Where any transportation or installation costs of any goods orservices are not included in the price of the goods or services but arepayable to the credit grantor by the borrower, those costs must also bedisclosed.

Loanagreements

16.4(1) If a credit agreement extending fixed credit is a loan agreement,other than for a loan that is secured by a mortgage of real property, theinitial disclosure statement may disclose the information as set out inForm 1 of the Schedule instead of the information referred to in section8.

(2) If the credit agreement extending fixed credit is a loan agreement fora loan that is secured by a mortgage of real property,

(a) the initial disclosure statement may disclose the information asset out in Form 2 of the Schedule instead of the informationreferred to in section 8, and



- 878 -

(b) the disclosure statement for the renewal of the loan maydisclose the information as set out in Form 2 of the Scheduleinstead of the information referred to in section 10.

(3) If the credit agreement extending open credit is a loan agreementunder which loans may be made from time to time with the creditcharges being calculated from time to time in relation to the total balanceoutstanding on all of the loans, the initial disclosure statement maydisclose the following instead of the information referred to in section13:

(a) where there is a maximum aggregate amount of credit availableunder the loan agreement that may be outstanding at any time,that maximum amount;

(b) the period of time for which a statement of account is furnished;

(c) the service, transaction or activity charge, if any, in dollars andcents and the manner in which it is calculated;

(d) the interest, if any, expressed as an annual percentage rate andin dollars and cents;

(e) the minimum amount of repayment required for each period.

(4) If the credit agreement extending fixed credit is a loan agreementunder which

(a) the amount is to be paid in full by means of a single payment,and

(b) provision is made for

(i) a credit charge, or

(ii) an additional charge as a result of a default in makingpayment as required pursuant to the account,

the disclosure statement may disclose the amount of the credit charge oradditional charge, as the case may be, as an annual percentage rateinstead of the information referred to in section 8(2).

Disclosure forloan paymentson demand

16.5 Notwithstanding section 16.4, if the credit agreement extendingfixed credit is a loan agreement and the loan made or to be madepursuant to the credit and the credit charges in respect of that loan arerepayable on demand in amounts that are not fixed or on dates that arenot fixed, the following information may be disclosed instead of theinformation referred to in section 8:

(a) the credit charges, expressed

(i) as an annual percentage rate, or



- 879 -

(ii) in a manner allowing the annual percentage rate to bedetermined;

(b) the maximum aggregate amount of loans available pursuant tothe credit.

Continuousdeferredpayment plan

16.6(1) If the credit agreement extending open credit is a continuousdeferred payment plan, the initial disclosure statement may disclose thefollowing instead of the information required under section 13:

(a) the annual fee, if any;

(b) the manner, if any, in which the person may discharge theobligation without incurring any credit charges;

(c) the maximum liability, if any, of the person for unauthorizedpurchases made under the plan;

(d) the manner in which the credit charges are calculated;

(e) the credit charges, if any, shown

(i) as a scale of money charges set out in a schedule ofamounts of outstanding balances and the applicablecharges, and

(ii) as an annual percentage rate or a scale of annualpercentage rates.

(2) The periodic statements given to a borrower under a continuousdeferred payment plan may disclose the following instead of theinformation required under section 14:

(a) if there is a maximum aggregate amount of credit availableunder the plan that may be outstanding at any time, thatmaximum amount;

(b) the period of time for which a statement of account is furnished;

(c) the service, transaction or activity charge, if any, in dollars andcents and the manner in which it is calculated;

(d) the credit charges, if any, expressed as an annual percentage rateand in dollars and cents;

(e) the minimum amount of repayment required for each period.

Leases 16.7(1) The initial disclosure statement for a lease may disclose thefollowing information instead of the information referred to in section19(1):



- 880 -

(a) a clear description of the personal property;

(b) the model or serial number, or both, as the case may be, of thepersonal property, if that property has a model or serial number;

(c) any initial payment or down payment, as the case may be;

(d) all costs or charges to be paid by the lessee;

(e) the liability of the lessee, if any, when the lease terminates or isterminated under the conditions set forth in the lease;

(f) all warranties or guarantees, if any, given with respect to thepersonal property;

(g) any insurance carried by the credit grantor with respect to thepersonal property that is to be paid for by the lessee;

(h) any additional security or deposit required by the credit grantor;

(i) the number, amount and due dates of all payments;

(j) the total of the payments to be made by the lessee;

(k) the fair market value of the personal property at the time thelessee signs the lease, if the lessee is liable for any decrease inthat value at the termination of the lease;

(l) the conditions under which the credit grantor or lessee mayterminate the lease;

(m) if the lease provides that the title to the property leased may, atthe lessee’s option, be transferred to the lessee,

(i) the method of exercising the option, and

(ii) all information necessary to calculate the amountrequired to be paid to exercise the option.

(2) This section is repealed on December 31, 1999.

PART 2

LEASES

Definitions 17(1) In this Part,

(a) “assumed residual payment” means

(i) for an option lease under which the option price at theend of the term is less than the estimated residual value,that option price, and



- 881 -

(ii) in any other case, the estimated residual value plus anyamount that the lessee will be required to pay in theordinary course of events at the end of the term;

(b) “estimated residual cash payment” means the amount that thelessee will be required to pay to the lessor at the end of the termof a residual obligation lease if the realizable value of the leasedgoods at the end of the term equals their estimated residualvalue;

(c) “estimated residual value” means estimated residual value asdefined in section 90 of the Act;

(d) “implicit finance charge” means the sum of all non-refundablepayments required to be made by the lessee at or before thebeginning of, or during, the term plus the assumed residualpayment, minus the total amount advanced to the lessee;

(e) “option lease” means a lease that gives the lessee the right toacquire title to or retain possession of the leased goods after thelease expires by making a payment in addition to the paymentsrequired under the lease or by satisfying other specifiedconditions;

(f) “option price” means the amount of the additional payment thatthe lessee must make in order to exercise the option under anoption lease;

(g) “payment period” means one of the equal intervals into whichthe term of a lease is divided for the purpose of determining theamount and timing of payments;

(h) “periodic payment” means the payment to be made in respect ofeach payment period;

(i) “realizable value” has the meaning determined by section 29(2)and (3);

(j) “residual obligation lease” means a residual obligation lease asdefined in section 90 of the Act;

(k) “term” means term as defined in section 90 of the Act;

(l) “total lease cost” means the total of any non-refundablepayments that the lessee will be required to make in the ordinarycourse of events.

(2) For the purposes of the definition “capitalized amount” in section58(f) of the Act, the amount of any payment made by the lessee at orbefore the beginning of the term does not include

(a) any refundable security deposit, or



- 882 -

(b) any periodic payment.

Advertise-ments


(a) that the transaction is a lease;

(b) the term of the lease;

(c) any payments that would be required at or before the beginningof the term;

(d) the amount, timing and number of the periodic payments;

(e) the amount of any other payments that the lessee will berequired to make in the ordinary course of events;

(f) the APR;

(g) for a motor vehicle lease, charges for exceeding the kilometreallowance set out in the lease, if the kilometre allowance is lessthan 20 000 kilometres per year.

(2) Despite subsection (1), an advertisement on radio, television or abillboard or other media with similar time or space limitations that givesany specific information about the cost of a lease must disclose theinformation referred to in subsection (1)(a), (c) and (d) and

(a) the information referred to in subsection (1)(b) and (f),

(b) a telephone number at which a person can obtain theinformation referred to in subsection (1)(b) and (f) withoutincurring any charge for the call, or

(c) a reference to a publication containing the information referredto in subsection (1)(b) and (f) having general circulation in thearea where the advertisement was broadcast or published.

(3) Where any of the information required to be disclosed by subsection(1) would not be the same for all credit agreements to which theadvertisement relates, the information must be for a representativetransaction and must be disclosed as such.

Disclosurestatement forlease


(a) that the transaction is a lease;

(b) a description of the leased goods;

(c) the term of the lease;



- 883 -

(d) the cash value of the leased goods;

(e) the nature and amount of any other advances received orcharges incurred by the lessee at or before the beginning of theterm;

(f) the amount and purpose of each payment made by the lessee ator before the beginning of the term;

(g) the capitalized amount;

(h) the amount, timing and number of the periodic payments;

(i) the estimated residual value of the leased goods;

(j) for an option lease,

(i) how and when the option may be exercised,

(ii) the option price if the option is exercised at the end ofthe term, and

(iii) the method for determining the option price if the optionis exercised before the end of the term;

(k) for a residual obligation lease,

(i) the estimated residual cash payment, and

(ii) a statement to the effect that the lessee’s maximumliability at the end of the lease term is the sum of theestimated residual cash payment plus the difference, ifany, between the estimated residual value and therealizable value of the leased goods;

(l) the circumstances, if any, under which the lessee or the lessormay terminate the lease before the end of the term and theamount, or the method of determining the amount, of anypayment that the lessee will be required to make on earlytermination of the lease;

(m) if there are circumstances under which the lessee will berequired to make a payment that is not disclosed under clauses(a) to (l),

(i) the circumstances, and

(ii) the amount of the payment or the method of determiningthe amount;

(n) the implicit finance charge;

(o) the APR;



- 884 -

(p) the total lease cost.

(2) The circumstances referred to in subsection (1)(m) include, withoutlimitation, unreasonable wear or excess use.

Maximumliability

20 For the purposes of section 94 of the Act, the lessee’s maximumliability at the end of the lease term is the sum of the estimated residualcash payment plus the difference, if any, between the estimated residualvalue and the realizable value of the leased goods.

PART 3

CALCULATIONS

Value re s59(3)of Act

21(1) The price of shares of a credit union that a borrower must buy asa condition of entering into a credit agreement with the credit union isvalue received by the borrower for the purposes of section 59(3) of theAct.

(2) An application fee for insurance referred to in section 59(3)(f)(iii) ofthe Act is value received by the borrower for the purposes of section59(3) of the Act.

Calculation ofAPR

22 The APR

(a) is an annual rate, expressed as a percentage, that relates theamount and timing of value received or to be received by theborrower in connection with a credit agreement to the amountand timing of value given or to be given by the borrower inconnection with the credit agreement, disregarding thepossibility of prepayment or default, and

(b) is calculated in accordance with this Part.

APR for certaincreditagreements

23 Where the stated interest rate for a credit agreement is calculatedyearly or half-yearly, not in advance, the APR is the discount rate,calculated yearly or half-yearly, not in advance, expressed as an annualpercentage, such that the sum of the present values of all anticipatedadvances equals the sum of the present values of all anticipatedpayments.

APR for othercreditagreements

24(1) This section applies to credit agreements to which section 23 doesnot apply.

(2) The APR for a credit agreement is the annual interest rate stated inthe credit agreement if

(a) there are no non-interest finance charges,

R �C

T×P× 100

R100

× L × P



- 885 -

(b) the same interest rate will apply for the whole term, or the sameinterest rate would apply for the whole term using theassumption set out in section 27(2), and

(c) the stated annual interest rate is a multiple of the interest rate foran interest compounding period that is at least as long as theperiod between required interest payments.

(3) The APR for a credit agreement to which subsection (2) does notapply is the value of R such that

where

R is the annual percentage rate;

C is the total cost of credit, as defined in section 59(2) of the Act;

T is the length of the term, in years;

P is the average principal outstanding over the term, being the sumof the principal outstanding during all calculation periods dividedby the number of calculation periods in the term.

(4) The value of P in subsection (3) is calculated in accordance with thefollowing rules:

(a) the principal outstanding at the beginning of the term is the totalof all advances made to the borrower at or before the beginningof the term minus the total of all payments made by theborrower at or before the beginning of the term;

(b) the term is divided into calculation periods of equal length;

(c) the cost of credit for any calculation period is

where

R is the APR,

L is the length of the period as a fraction of a year, and

P is the principal outstanding during the period;

PMT �PV�FV(1�i)�

N

1�(1�i)�(N�A)

i� A



- 886 -

(d) accumulated cost of credit is never added to outstandingprincipal;

(e) each payment is applied first against accumulated cost of creditand then, to the extent that the payment exceeds theaccumulated cost of credit, against outstanding principal.

Rebates 25 Where a borrower must decline a rebate, or a portion of a rebate, inorder to enter into a credit sale at a particular interest rate, the APR andthe total cost of credit are calculated on the assumption that the valuereceived by the borrower is the cash price of the product, as determinedwithout regard to the rebate, less the amount of the declined rebate.

APR andimplicit financecharge forleases

26(1) The APR for a lease is m x i x 100 where m is the number ofpayment periods in a year, and the value of i, which is the periodicinterest rate, is such that

where

PMT is the amount of each periodic payment;

A is the number of periodic lease payments that are paid ator before the beginning of the term;

PV is the capitalized amount;

FV is the amount of the assumed residual payment;

N is the number of payment periods in the lease;

i is the periodic interest rate.

(2) For the purposes of calculating the APR and implicit finance chargefor a lease,

(a) an amount payable by the lessee in respect of a tax is regardedas a payment only if an amount in respect of the tax was treatedas an advance in calculating the capitalized amount, and

(b) a charge payable by the lessee is regarded as an advance if anequivalent charge would be payable by a cash customer.

(3) If there is any irregularity in the amount or timing of paymentsrequired during the term, the equation in subsection (1) must be modified

C �UT

× F



- 887 -

as necessary to calculate the value of “i” in accordance with actuarialprinciples.

(4) For the purposes of calculating the APR and implicit finance chargefor a lease referred to in section 91(b) of the Act, the term of the lease isassumed to be one year.

Assumptionsand tolerance

27(1) Where a credit agreement or lease calls for payments to be madeat intervals measured by reference to weeks or months, the APR may becalculated on the assumption that each week is 52 of a year long or that1/each month is 12 of a year long.1/

(2) Where the interest rate for a credit agreement is variable during thewhole term or any period during the term, the APR or any other valuethat depends on the interest rate must be calculated on the assumptionthat the interest rate for the term or the relevant period is fixed on thebasis of the circumstances existing at the time of the calculation.

(3) The APR for fixed credit that is not a scheduled-payments creditagreement is calculated on the assumption that the outstanding principalwill be repaid in a single payment one year after the effective date of therelevant disclosure statement.

(4) When a credit agreement is renewed, for the purpose of calculatingthe APR and total cost of credit,

(a) the outstanding balance immediately before renewal is regardedas an amount advanced to the borrower at the time of renewal,and

(b) advances and payments accounted for in that outstandingbalance are otherwise disregarded.

(5) A disclosed APR is considered to be accurate if it is within � of 1%of the actual APR for the credit agreement, as calculated in accordancewith this Part.

Calculation ofprepaymentrefund or credit

28 The portion of each non-interest finance charge that must berefunded or credited to the borrower under section 68(4) of the Act isdetermined by the equation

where

C is the amount to be credited;

U is the length of the unexpired portion of the term at the time ofprepayment;

M � C � (E � R)



- 888 -

T is the length of the period between the time the non-interestfinance charge was imposed and the end of the term;

F is the amount of the non-interest finance charge.

Maximumliability underresidualobligationlease

29(1) The lessee’s maximum liability at the end of the term of a residualobligation lease after returning the leased goods to the lessor isdetermined by the equation

where

M is the lessee’s maximum liability;

C is the estimated residual cash payment;

E is the estimated residual value;

R is the realizable value.

(2) Subject to subsection (3), the realizable value of leased goods at theend of the lease term is the greater of

(a) the net proceeds for which the lessor disposes of the goods,

(b) 80% of the estimated residual value, and

(c) the estimated residual value minus 3 times the average monthlypayment.

(3) If the amount determined under subsection (2)(a) is less than thegreater of the amounts determined under subsection (2)(b) and (c), therealizable value is reduced according to the extent that the difference inthe amounts is attributable to unreasonable wear or excess use, or todamage for which the lessee is responsible under the terms of the lease.

PART 4

TRANSITIONAL PROVISIONS, REPEALS AND EXPIRY

Transitional 30 If the renewal date of a mortgage loan is earlier than October 15,1999, the disclosure statement for the renewal may be forwarded to theborrower within 30 days after the borrower acknowledges acceptance ofthe terms of the renewal.



- 889 -

Repeal 31 Part 1.1 and the Schedule are repealed on August 31, 2000.


SCHEDULE

FORM 1

Statement of Disclosurefor Loan Agreement

under Part 9 of the Fair Trading Act

Date: (date on which the statement of disclosure is made)

(name of credit grantor)

Address: (address of credit grantor)

(name of borrower(s))

1 Effective date of loan:

2 Principal amount of loan:

(a) amount of money to be paid toborrower or to be disbursed onthe borrower’s direction: $

(b) other charges to be financed.(This amount must equal the totalof the amounts under section 9.):

$

(c) total of (a) and (b): $

3 The annual percentage rate will be %* or, if the annual percentage rate issubject to variations, the initial annualpercentage rate will be %*.

* Accurate to within 8th of 1%.1/

4 The cost of borrowing for the wholeterm of the loan, if the annual percentagerate is fixed, or the cost of borrowing forthe whole term of the loan based on theannual percentage rate disclosed in section



- 890 -

3 where the annual percentage rate issubject to variations:

$

5 Total obligation of the borrower ortotal obligation of the borrower based onthe annual percentage rate disclosed insection 3 where the annual percentage rateis subject to variations. (This amount mustequal the total of the amounts undersections 2(c) and 4.): $

6 Where the annual percentage rate issubject to variations, the following is howit may be varied:

7 Term of loan: Amortization period:

8 The loan will become due and payablein months or years, as the case maybe, based on the annual percentage rate orother percentage rate disclosed in section3, at which time the borrower, if allpayments have been made on the due date,will owe $ .

9 The charges, fees, etc. under section2(b) are made up as follows:

(a) Official fee $

(b) Insurance $

(i) Life $

(ii) Accident and sickness $

(iii) Other types of insurance $

(iv) Total insurance premiumsand fees $

(c) Other fees or charges (list items)

(i) $

(ii) $

(iii) $

(iv) $



- 891 -

(v) Total $

(d) Total (This total amount is to beshown in section 2(b).) $

(signature on behalf of the credit grantor)

(signature of borrower(s))

FORM 2

Statement of Disclosure forMortgage of Real Property

under Part 9 of the Fair Trading Act

Date: (date on which the statement of disclosure is made)

(name of credit grantor)

Address: (address of credit grantor)

(name of borrower(s))

Property on which there will be a mortgage (address and description ofbuildings)

1 Principal amount of the (1st, 2nd, 3rd,etc.) mortgage to be repaid by theborrower: $

2 Deduct charges, fees, etc. whereapplicable. (This amount must equal thetotal of the amounts under section 9.):

$

3 Amount of money to be paid to theborrower or to be disbursed on theborrower’s direction: $

4 The annual percentage rate of themortgage of $ will be %* or,where the annual percentage rate is subjectto variations, the initial annual percentagerate will be %*.

* Accurate to within 8th of 1%.1/

5 The principal amount and the cost ofborrowing based on the annual percentagerate disclosed in section 4 will be payablein payments of



- 892 -

$ with the first payment becomingdue on , .

6 The mortgage will become due andpayable in months, based on theannual percentage rate disclosed in section4, at which time the borrower, if allpayments have been made on the due date,will owe $ .

7 The term of mortgage: months.Amortization period of mortgage:

years.

8 Where the term of the mortgage issubject to variations, it must vary in thefollowing manner:

9 The charges, fees, etc. under section 2are made up as follows:

(a) Mortgage Insurance Fees $

(b) Inspection and Appraisal Fees $

(c) Legal Fees and EstimatedDisbursements of not more than

$

(d) Other Charges (list items)

(i) $

(ii) $

(iii) $

(iv) $

(v) Total $

(e) TOTAL as shown in section 2 $

10 Where the annual percentage rate issubject to variations, it must vary in thefollowing manner, based on the followingconditions:



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11 The terms and conditions ofrepayment before maturity of the loancontract are as follows:

(signature on behalf of the credit grantor) (signature of borrower(s))

------------------------------


Fair Trading Act

TIME SHARE CONTRACTS REGULATION


Made by the Minister of Government Services (M.O. C:013/99) pursuant to sections 25(3),41 and 162(2) of the Fair Trading Act.

Table of Contents

Definitions 1Excluded class of business 2Contents of time share contracts 3Statement of cancellation rights 4Method of cancellation 5Offences 6Expiry 7Coming into force 8

Schedule



(b) “time share property” means the real or personal property thatis the subject of a time share contract.

Excluded classof business

2 Division 2 of Part 3 of the Act does not apply to the business of anyperson who trades in real estate located outside Alberta in accordancewith Division 2 of Part 2 of the Real Estate Act.

Contents oftime sharecontracts

3 A time share contract must be in writing and include

(a) the consumer’s name and address;



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(b) the supplier’s name, business address, telephone number and,where applicable, fax number;

(c) where applicable, the salesperson’s name and the name of theagency represented by the salesperson;

(d) the date and place at which the time share contract is enteredinto;

(e) a description sufficient to identify the time share property,including the precise location of the property;

(f) a statement of the period during or the dates on which theconsumer is entitled to use the time share property;

(g) where applicable, the details of any agreement that theconsumer or the supplier may substitute different arrangementsfor the agreed arrangements respecting use of the time shareproperty, including when and how substitutions may be madeand a statement of any fee, assessment or cost respectingsubstitutions;

(h) a statement of cancellation rights that conforms with section 4;

(i) an itemized statement of the cost of the time share property andof each fee, assessment or closing cost related to the property orcontract;

(j) an itemized statement of each fee, assessment or cost respectingthe use of any property or facility and membership in any clubor organization that the supplier represents is available to theconsumer, at the option of the consumer or otherwise, by virtueof entering into the time share contract;

(k) a statement of the sum of

(i) all costs itemized in clause (i), and

(ii) any costs itemized in clause (j) that are mandatory orthat the consumer has contracted to pay;

(l) the terms of payment;

(m) in the case of a time share contract where the facilities of thetime share property are not yet constructed,

(i) the completion date for providing use of the facilities tothe consumer, and

(ii) a statement describing any security given by the supplierto ensure completion of the facilities;

(n) where credit is extended,



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(i) a statement of any security taken for payment, and

(ii) the disclosure statement required under Part 9 of the Act;

(o) the signatures of the consumer and the supplier.

Statement ofcancellationrights

4(1) A statement of cancellation rights must

(a) contain the words specified in the Schedule,

(b) show the heading in not less than 12-point bold type,

(c) show the first paragraph in 12-point type, and

(d) show the remainder of the statement in not less than 10-pointtype.

(2) Where the statement of cancellation rights is not printed on the frontof the time share contract, there must be a notice printed on the front ofthe contract, in not less than 12-point bold type, indicating where on thecontract the statement of cancellation rights is printed.

Method ofcancellation

5 A consumer who cancels a time share contract must give a notice ofcancellation to the supplier at the supplier’s business address listed in thecontract by any method allowing proof of service, including registeredmail, fax or personal service.



Coming intoforce


SCHEDULE

FORM

Statutory Right to Cancel

The Fair Trading Act and its regulations specify that a buyer of a timeshare contract may cancel the contract from the day it is entered into until7 days after the buyer receives a copy of the contract. The buyer doesnot need a reason to cancel.



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If the buyer cancels the contract, the seller has 15 days to refund thebuyer’s money. To cancel, the buyer must give a notice of cancellationto the seller at the address in this contract. The buyer must give noticeof cancellation by a method that will allow the buyer to prove that noticewas given, including registered mail, fax or personal delivery. If thebuyer cancels after using the property, the buyer may have to pay areasonable fee for that use after the buyer’s money has been refunded.

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