ALBERTA MILK PLAN MINIMUM PRICE FORgynecology tumour program EPIRUBICIN 2 injectable Breast Cancer -...

THE ALBERTA GAZETTE, PART II, JUNE 30, 2004

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Alberta Regulation 102/2004

Marketing of Agricultural Products Act

ALBERTA MILK PLAN MINIMUM PRICE FOR SUB-CLASS 1A MILK ORDER

Filed: June 1, 2004

Made by the Alberta Energy and Utilities Board on May 21, 2004 pursuant to section 5(4) of the Alberta Milk Plan Regulation (AR 150/2002).

1 The minimum price for sub-class 1a milk to be paid by processors for a hectolitre of sub-class 1a milk is $68.13.

2 The Alberta Milk Plan Minimum Price for Sub-class 1a Milk Order (AR 309/2003) is repealed.

2 This Order comes into force on June 16, 2004.

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Cancer Programs Act

CANCER PROGRAMS AMENDMENT REGULATION

Filed: June 3, 2004

Made by the Minister of Health and Wellness (M.O. 54/2004) on May 27, 2004 pursuant to sections 16 and 22 of the Cancer Programs Act.

1 The Cancer Programs Regulation (AR 242/98) is amended by this Regulation.

2 The Schedule is repealed and the following Schedule is substituted:

Schedule

Drug Group Dosage Form

Criteria

13 Cis-RETINOIC ACID 2 capsules Pediatrics - restricted to the treatment of advanced stage


AR 103/2004 CANCER PROGRAMS

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Criteria

neuroblastoma following POG/CCG Protocols - prescribing limited to written authorization by physicians recommended by the pediatric tumour program

ALL-TRANS RETINOIC ACID 2 capsules - restricted to treatment of acute promyelocytic leukemia - prescribing limited to written authorization by physicians recommended by the hematology/lymphoma tumour program or the pediatric tumour program

AMSACRINE 2 injectable

ANAGRELIDE 1 capsules - for thrombocytosis due to myeloproliferative disorder - prescribing limited to written authorization by physicians recommended by the hematology/lymphoma tumour program

ANASTROZOLE 1 tablets - for post-menopausal patients with receptor-positive, metastatic breast cancer who have progressed or have experienced severe side effects on prior hormone therapy

2 tablets Breast Cancer Adjuvant - for adjuvant use in invasive breast cancer patients who are post-menopausal, hormone receptor positive in whom tamoxifen is contraindicated or not tolerated - prescribing limited to written authorization by named physicians as recommended by the breast tumour program

ASPARAGINASE 1 injectable

BCG 1 injectable - bladder carcinoma



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Criteria

BICALUTAMIDE 1 tablets - restricted to patients who are intolerant to Nilutamide or Flutamide - approved dosage is 50 mg daily

BLEOMYCIN 1 2

injectable pump

BUSERELIN 1 injectable - prostate cancer - Restricted to: Stage II (T2a-T2c): Neoadjuvant use pre RT (2 months pre and during RT). Neoadjuvant use pre radical prostatectomy (4 months pre) Stage III (T3a-T4b): Neoadjuvant use pre RT (2 months pre and during RT). Adjuvant use (3 years post RT) Stage IV (N1-N3) (M1-M1c): As monotherpy in medical castration. In total androgen blockade (medical castration and nonsteriodal antiandrogen) - Guidelines for LHRH use in the above stated stages include: LHRH agonists are indicated for use in patients at risk of thromboembolic disease, strokes (CVA), myocardial infarction and also for consideration in patients with dyslipidemia, hypertension, diabetes mellitus or where a patient is considered intolerant to cyproterone acetate or megestrol acetate

BUSULFAN 1 tablets

CAPECITABINE 2 oral - metastatic or advanced breast cancer (with or without prior anthracycline exposure) - prescribing limited to written authorization by physicians recommended by the breast tumour program



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Criteria

2 oral - option in first line treatment of advanced or metastatic colorectal cancer - prescribing limited to written authorization by named physicians as recommended by the GI tumour program

CARBOPLATIN 1 injectable

CARMUSTINE 1 injectable, topical

CHLORAMBUCIL 1 tablets

CISPLATIN 1 injectable

CLADRIBINE 2 injectable - restricted to treatment of hairy cell leukemia - Waldenstrom’s macroglobulinemia - hematologic malignancies (histocytosis-X, cutaneous T-cell lymphoma, systemic mast cell disease) - prescribing limited to written authorization by physicians recommended by the hematology/lymphoma tumour program

3 injectable POG Protocol 9720 prescribing limited to written authorization by physicians recommended by the pediatric tumour program

CLODRONATE 1 oral - treatment of osteolytic bone lesions in metastatic breast cancer

CYCLOPHOSPHAMIDE 1 injectable, tablets

CYPROTERONE 1 tablets

CYTARABINE 1 injectable

CYTARABINE LIPOSOMAL 3 injectable - for intrathecal management of neoplastic meningitis due to solid tumours or lymphoma

DACARBAZINE 1 injectable



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Criteria

DACTINOMYCIN 1 injectable

DAUNORUBICIN 1 injectable

DEXAMETHASONE 1 injectable, tablets

- antiemetic use NOT covered

DOCETAXEL 2 injectable - treatment of metastatic breast cancer after failure of any previous chemotherapy regimen - as a single agent or in combination, as an option for first line treatment of metastatic breast cancer - only one taxane is to be administered to any one patient - prescribing limited to written authorization by named physicians as recommended by the breast tumour program

2 injectable Breast Neoadjuvant - following a neoadjuvant anthracycline containing regimen in locally advanced (Stage IIIA or IIIB) breast cancer - prescribing limited to written authorization by named physicians as recommended by the breast tumour program

2 injectable Breast Adjuvant - (with doxorubicin and cyclophosphamide (TAC)) as an adjuvant treatment of 1-3 node positive breast cancer - prescribing limited to written authorization by named physicians as recommended by the breast tumour program

2 injectable - 2nd line therapy in patients with advanced or metastatic non-small cell lung cancer with good performance status (ECOG 0-2) and no symptomatic or uncontrolled



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Criteria

brain metastases - prescribing limited to written authorization by named physicians as recommended by the lung tumour program

DOXORUBICIN 1 injectable

DOXORUBICIN LIPOSOMAL 2 injectable - Kaposi’s sarcoma

2 injectable - 2nd or 3rd line treatment of ovarian cancer, fallopian tube carcinoma and primary peritoneal neoplasms - prescribing limited to written authorization by named physicians as recommended by the gynecology tumour program

EPIRUBICIN 2 injectable Breast Cancer - adjuvant (node positive) and neoadjuvant (stage II and III) treatment of pre- and post-menopausal breast cancer patients - prescribing limited to written authorization by named physicians as recommended by the breast tumour program

2 injectable Esophagogastric Cancer - used (in combination with cisplatin and fluorouracil) in the treatment of locally advanced or metastatic esophagogastric cancer in patients with good performance status

3 injectable NCIC MA21 Trial - use as adjuvant treatment in NCIC MA21 Trial - prescribing limited to written authorization by clinical trial principal investigator(s) or co-investigators

ESTRAMUSTINE 1 capsules



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Criteria

ETOPOSIDE 1 injectable, capsules

EXEMESTANE 1 oral - for post-menopausal patients with receptor-positive, advanced/metastatic breast cancer that have progressed or have experienced severe side effects on prior hormone therapy

FLUDARABINE 2 injectable, tablets

- previously treated or untreated chronic lymphocytic leukemia - low grade lymphoma - Waldenstrom’s macroglobulinemia - prescribing limited to written authorization by physicians recommended by the hematology tumour program

FLUOROURACIL 1 2

injectable, cream pump

FLUTAMIDE 1 tablets - prostate cancer

GEMCITABINE 2 injectable Non-small Cell Lung Cancer - patients who are unable to tolerate vinorelbine or paclitaxel containing regimens with documented reason for intolerance - prescribing limited to written authorization by physicians recommended by the lung tumour program

2 injectable Bladder Cancer - Gemcitabine/Cisplatin as first line chemotherapy in locally advanced/metastatic bladder cancer - prescribing limited to written authorization by physicians recommended by the GU tumour program

2 injectable Pancreas - locally advanced or metastatic adenocarcinoma of the pancreas



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Criteria

- prescribing limited to written authorization by physicians recommended by the GI tumour program

2 injectable Hematology - Gemcitabine, Dexamethasone, Cisplatin for relapsed or refractory Hodgkins or Non-Hodgkins Lymphoma (GDP regimen) - prescribing limited to written authorization by named physicians as recommended by the hematology/lymphoma program

GOSERELIN 1 injectable - prostate cancer - Restricted to: Stage II (T2a-T2c): Neoadjuvant use pre RT (2 months pre and during RT). Neoadjuvant use pre radical prostatectomy (4 months pre) Stage III (T3a-T4b): Neoadjuvant use pre RT (2 months pre and during RT). Adjuvant use (3 years post RT) Stage IV (N1-N3) (M1-M1c): As monotherpy in medical castration In total androgen blockade (medical castration and nonsteriodal antiandrogen) - Guidelines for LHRH use in the above stated stages include: LHRH agonists are indicated for use in patients at risk of thromboembolic disease, strokes (CVA), myocardial infarction and also for consideration in patients with dyslipidemia, hypertension, diabetes mellitus or where a patient is considered intolerant to cyproterone acetate or megestrol acetate



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Criteria

2 injectable - breast cancer. 2nd line hormonal therapy for recurrent or metastatic disease in either or both estrogen and progesterone receptor positive pre and perimenopausal patients after tamoxifen failure - prescribing limited to written authorization by physicians recommended by the breast tumour program

HYDROCORTISONE SODIUM SUCCINATE

1

injectable

- intrathecal use only

HYDROXYUREA 1 capsules

IDARUBICIN 3 injectable POG Protocol 9720 - prescribing limited to written authorization by physicians recommended by the pediatric tumour program

IFOSFAMIDE 1 2

injectable pump

IMATINIB 2 capsules - for surgically unresectable or metastatic gastrointestinal stromal tumour (GIST) - prescribing limited to written authorization by named physicians as recommended by the tumour program

2 capsules Hematology - Philadelphia-chromosome positive leukemia (including disease situations such as first chronic phase chronic myelogenous leukemia (CML), accelerated phase CML, blast crisis phase CML, acute lymphoblastic leukemia, or other leukemias that have the characteristic t(9;22) translocation detected by cytogenetics, FISH analysis, or PCR-positive for bcr-abl oncogene) - prescribing limited to written authorization by named physicians as



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Criteria

recommended by the hematology/lymphoma program

INTERFERON - alpha 2a or 2b - alpha 2b in new patients “03-04”

1 injectable - cladribine-resistant hairy cell leukemia - Kaposi’s sarcoma - chronic myelogenous leukemia - metastatic renal cell carcinoma

INTERFERON alpha 2a ONLY

1 injectable - mycosis fungoides and sezary syndrome (cutaneous T-cell lymphomas) - prescribing limited to written authorization by physicians recommended by the hematology/lymphoma tumour program

INTERFERON alpha 2b ONLY

1 injectable - basal cell carcinoma - adjuvant treatment of high risk melanoma

1 injectable Superficial Bladder Cancer - Interferon alone - second line treatment or first line in those with a documented intolerance or contraindication (i.e., immunosuppression or other) to BCG - Interferon in combination with BCG - second line treatment

2 injectable - treatment of patients with malignant carcinoid and neuroendocrine gastroenteropancreatic tumours not amenable to surgical extirpation - prescribing limited to written authorization by physicians recommended by the GI and endocrine tumour programs

2 injectable - maintenance therapy in multiple myeloma patients who have achieved complete remission after high dose chemotherapy and



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Criteria

autologous stem cell transplant - follicular lymphoma and need for therapy as indicated by any of: mass >7 cm or 3 sites >3 cm, Bsx, splenomegaly @ umbilicus, compression syndromes (GI, GU, orbit), effusions cytopenias, Age < 70 yo - prescribing limited to written authorization by physicians recommended by the hematology/lymphoma tumour program

IRINOTECAN * NOTE: Loperamide supplied by industry with this agent’s use

2 injectable Metastatic Colorectal Cancer - first line (with 5FU and leucovorin) - 2nd line after failure of thymidilate synthase inhibitors (e.g., 5 fluorouracil, raltitrexed, or capecitabine) - prescribing limited to written authorization by physicians recommended by the GI tumour program

2 injectable Pediatrics - restricted to the treatment of high risk metastatic rhabdomyosarcomas following POG/CCG protocols - prescribing limited to written authorization by physicians recommended by the pediatric tumour program

LETROZOLE 1 tablets - first line therapy for hormone receptor positive post-menopausal metastatic breast cancer

LEUCOVORIN CALCIUM 1 injectable, tablets

- rescue therapy for methotrexate only - in combination with 5FU

LEUPROLIDE 1 injectable - prostate cancer - Restricted to: Stage II (T2a-T2c): Neoadjuvant use pre RT (2 months pre and during RT).



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Criteria

Neoadjuvant use pre radical prostatectomy (4 months pre) Stage III (T3a-T4b): Neoadjuvant use pre RT (2 months pre and during RT). Adjuvant use (3 years post RT) Stage IV (N1-N3) (M1-M1c): As monotherpy in medical castration. In total androgen blockade (medical castration and nonsteriodal antiandrogen) - Guidelines for LHRH use in the above stated stages include: LHRH agonists are indicated for use in patients at risk of thromboembolic disease, strokes (CVA), myocardial infarction and also for consideration in patients with dyslipidemia, hypertension, diabetes mellitus or where a patient is considered intolerant to cyproterone acetate or megestrol acetate

LOMUSTINE 1 capsules

MECHLORETHAMINE 1 injectable, topical

MEDROXYPROGESTERONE ACETATE

1 tablets, injectable

MEGESTROL ACETATE 1 tablets

MELPHALAN 1 tablets

MERCAPTOPURINE 1 tablets

MESNA 1 injectable

METHOTREXATE 1 injectable, tablets

MITOMYCIN 1 injectable NOTE: 3rd line for bladder cancer indication

MITOXANTRONE 1 injectable

NANDROLONE DECANOATE 1 injectable



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Criteria

NILUTAMIDE 1 tablets - prostate cancer

PACLITAXEL 2 injectable Ovarian Cancer - first line treatment of ovarian cancer (irrespective of the stage of disease or amount of residual disease), fallopian tube carcinoma, primary peritoneal neoplasms and papillary serous and clear cell endometrial carcinomas - prescribing limited to written authorization by physicians recommended by the gynecology tumour program

2 injectable Endometrial Cancer - restricted for use in metastatic, advanced or recurrent endometrial cancer - prescribing limited to written authorization by named physicians as recommended by the gynecology tumour program

2 injectable Lung Cancer - prescribing limited to written authorization by physicians recommended by the lung tumour program

2 injectable Breast Cancer - restricted to the treatment of metastatic breast cancer when no response to anthracycline (doxorubicin, epirubicin, or mitoxantrone) containing regimen. Relapse within 1 year after completion of adjuvant chemotherapy including an anthracycline. First assessment of efficacy after 2 courses - only one taxane is to be administered to any one patient - prescribing limited to written authorization by



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Criteria

physicians recommended by the breast tumour program

2 injectable Breast Cancer Adjuvant - Doxorubicin/ Cyclophosphamide followed by Paclitaxel as an option for adjuvant therapy of Stage II, node positive or high risk node negative breast cancer - prescribing limited to written authorization by named physicians as recommended by the breast tumour program

2 injectable Testes - 2nd line regimen for relapsed germ cell tumours of the testes

2 injectable - in combination chemotherapy for unknown primary metastatic adenocarcinoma - prescribing limited to written authorization by named physicians as recommended by the breast and hematology tumour programs

3 injectable Breast Cancer Adjuvant - Epirubicin/Cyclophos-phamide followed by Paclitaxel for patients treated on the experimental arm of NCIC clinical trial MA 21 - prescribing limited to written authorization by a clinical trial principal investigator or co-investigator

PAMIDRONATE 1 injectable - treatment of multiple myeloma

PREDNISOLONE SODIUM PHOSPHATE

1 liquid - first line agent for pediatric patients under 7 years of age - 2nd-line agent for pediatric patients 7 years and older unable to tolerate prednisone tablets

PREDNISONE 1 tablets



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Criteria

PROCARBAZINE 1 capsules

RALTITREXED 2 injectable - treatment of metastatic colorectal cancer - prescribing limited to written authorization by physicians recommended by the GI tumour program

RITUXIMAB 2 injectable - relapsed or refractory, low grade or follicular, CD20 positive, B-cell, non-Hodgkin’s lymphoma - prescribing limited to written authorization by physicians recommended by the lymphoma tumour program

2 injectable - in combination with CHOP for aggressive histology B-cell CD20 positive non-Hodgkin’s lymphoma (any stage or age) - prescribing limited to written authorization by named physicians as recommended by the hematology/lymphoma tumour program

2 injectable - for Post Transplant Lymphoproliferative Disorders (PTLD) - prescribing limited to written authorization by named physicians as recommended by the hematology tumour program

STREPTOZOCIN 1 injectable

TAMOXIFEN 1 tablets

TEMOZOLOMIDE 2 oral - first-line treatment of recurrent glioblastoma multiforme and anaplastic astrocytoma - prescribing limited to written authorization by physicians recommended by the neuro oncology tumour program



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Criteria

TENIPOSIDE 1 injectable

THIOGUANINE 1 tablets

THIOTEPA 2 injectable

TOPOTECAN 2 injectable Ovarian - 2nd line therapy of ovarian cancer, fallopian tube carcinoma and primary peritoneal neoplasms - prescribing limited to written authorization by physicians recommended by the gynecology tumour program Pediatrics - restricted to the treatment of advanced stage neuroblastoma following POG/CCG Protocols - restricted to the treatment of intermediate risk rhabdomyosarcoma following POG/CCG protocols - prescribing limited to written authorization by physicians recommended by the pediatric tumour program

TRASTUZUMAB 2 injectable Metastatic Breast - restricted to the treatment of metastic breast cancer, HER 2 protein overexpression (+3) by IHC, or HER 2 amplification by FISH - prescribing limited to written authorization by physicians recommended by the breast tumour program

VALRUBICIN 2 injectable - for BCG refractory carcinoma in situ, defined as persistent disease after 2 courses of BCG or intolerance (severe side effects, immunosuppression, etc.) to treatment with BCG



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Criteria

VINBLASTINE 1 injectable

VINCRISTINE 1 injectable

VINORELBINE 2 injectable Lung Cancer - restricted to the treatment of advanced or metastatic non-small cell lung cancer with an ECOG score of 2 or better - prescribing limited to written authorization by physicians recommended by the lung tumour program

2 injectable Metastatic Breast - first-line therapy for elderly patients (over 65 years of age) and 2nd or 3rd line therapy for metastatic breast cancer. Assess response after 2 cycles - prescribing limited to written authorization by physicians recommended by the breast tumour program

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Wild Rose Foundation Act

WILD ROSE FOUNDATION AMENDMENT REGULATION

Filed: June 8, 2004

Made by the Minister of Community Development (M.O. 34/04) on June 3, 2004 pursuant to section 5(2) of the Wild Rose Foundation Act.

1 The Wild Rose Foundation Regulation (AR 5/2000) is amended by this Regulation.

2 Section 8 is amended by striking out “November 30, 2004” and substituting “November 30, 2014”.


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Municipal Government Act

NORTH RED DEER RIVER WATER SERVICES COMMISSION REGULATION

Filed: June 9, 2004

Made by the Lieutenant Governor in Council (O.C. 221/2004) on June 8, 2004 pursuant to section 602.02 of the Municipal Government Act.

Table of Contents

1 Establishment 2 Members 3 Water supply system 4 Operating deficits 5 Sale of property 6 Profit and surpluses 7 Approval

Establishment

1 A regional services commission known as the North Red Deer River Water Services Commission is established.

Members

2 The following municipalities are members of the Commission:

(a) Lacombe County;

(b) Ponoka County;

(c) Town of Blackfalds;

(d) Town of Lacombe;

(e) Town of Ponoka.

Water supply system

3 The Commission is authorized to provide and operate a water supply system.

Operating deficits

4 The Commission may not assume operating deficits that are shown on the books of any of the member municipalities.


AR 105/2004 MUNICIPAL GOVERNMENT

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Sale of property

5(1) The Commission may not, without the approval of the Minister, sell any of its land, buildings, equipment or inventory whose purchase has been funded wholly or partly by grants from the Government of Alberta.

(2) The Minister may not approve a sale under subsection (1) unless the Minister is satisfied

(a) as to the repayment of the grants from the Government of Alberta and outstanding debt associated with that portion of the land, buildings, equipment or inventory to be sold,

(b) that the sale would not have a significant adverse effect on the services the Commission provides, and

(c) that the sale will be properly reflected in the rates subsequently charged to the customers of the Commission.

Profit and surpluses

6 Unless otherwise approved by the Minister, the Commission may not

(a) operate for the purposes of making a profit, or

(b) distribute any of its surpluses to its member municipalities.

Approval

7 The Minister may make an approval under section 5 or 6 subject to any terms or conditions the Minister considers appropriate.

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Municipal Government Act

VULCAN DISTRICT WASTE COMMISSION REGULATION

Filed: June 9, 2004

Made by the Lieutenant Governor in Council (O.C. 222/2004) on June 8, 2004 pursuant to section 602.02 of the Municipal Government Act.

Table of Contents

1 Establishment 2 Members



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3 Services 4 Operating deficits 5 Property 6 Profit and surpluses 7 Minister’s approval

Schedule

Establishment

1 A regional services commission known as the Vulcan District Waste Commission is established.

Members

2 The following municipalities are members of the Commission:

(a) Vulcan County;

(b) Town of Vulcan;

(c) Village of Arrowwood;

(d) Village of Carmangay;

(e) Village of Champion;

(f) Village of Lomond;

(g) Village of Milo.

Services

3 The Commission is authorized to provide solid waste management services.

Operating deficits

4 The Commission may not assume operating deficits that are shown on the books of any of the member municipalities.

Property

5(1) The member municipalities shall execute all documents and do all things necessary to transfer to the Commission all property listed in the Schedule to this Regulation.

(2) The Commission may not, without the approval of the Minister, sell any of its land, buildings or personal property, the purchase of



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which has been funded wholly or partly by grants from the Government of Alberta.

(3) The Minister may not approve a sale under subsection (2) unless the Minister is satisfied

(a) as to the repayment of grants from the Government of Alberta and outstanding debt associated with that portion of the land, buildings or personal property to be sold,

(b) that the sale would not have a significant adverse effect on the services the Commission provides, and

(c) that the sale will be properly reflected in the rates subsequently charged to the customers of the Commission.

Profit and surpluses

6 Unless otherwise approved by the Minister, the Commission must not

(a) operate for the purposes of making a profit, or

(b) distribute any of its surpluses to its member municipalities.

Minister’s approval

7 The Minister may make an approval under section 5 or 6 subject to any terms or conditions the Minister considers appropriate.

Schedule

Champion Transfer Station That portion of the south west quarter of section 29, township 14, range 23, west of the 4th meridian which lies west of the railway on plan RY 304 and north of road plan 7410039 containing 13.4 hectares (33.1 acres) more or less and all improvements thereon.

Mossleigh Transfer Station

That portion of the south west quarter of section 14, township 20, range 25, west of the 4th meridian which lies north west of the railway right of way and extra lands shown on plan RW 321 containing 7.49 hectares (18.51 acres) more or less and all improvement thereon.

Lomond Transfer Station

The south 295 feet of the east 693 feet on the north east of section 11, township 16, range 20, west of the 4th meridian containing 1.90 hectares (4.69 acres) more or less and all improvement thereon



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excepting thereout road 9012185 containing 0.092 hectares (0.23 acres) more or less.

Milo Transfer Station

That portion of the south west quarter of section 6, township 19, range 21, west of the 4th meridian described as plan 9410391, block 1 containing 6.07 hectares (15 acres) more or less and all improvement thereon.

Vulcan Transfer Station

That portion of the south west quarter of section 4, township 17, range 24, west of the 4th meridian described as plan 9110107, block 4 containing 7.46 hectares (18.43 acres) more or less and all improvement thereon.

Champion Landfill

That portion of the north east quarter of section 6, township 15, range 23, west of the 4th meridian which lies to the east of Railway Avenue on plan Champion 3019CA and between 2 lines drawn parallel with the southerly limit of Noble Street as shown on said plan 3019CA, the first said line being drawn through a point in the easterly limit of the said Railway Avenue distant 1384.14 feet southerly from the said limit of Noble Street and the other said line being drawn through a point in the said limit of Railway Avenue distant 843.2 feet northerly from its intersection with the east boundary of the said quarter section containing 5.657 hectares (13.98 acres) more or less excepting thereout plan 7408BM containing 0.291 hectares (0.72 acres) more or less, plan 4665JK containing 0.421 hectares (1.04 acres) more or less, and plan 9012372 containing 0.433 hectares (1.07 acres) more or less.

Mossleigh Landfill

That portion of the south east quarter of section 30, township 20, range 24, west of the 4th meridian described as plan 7510572 containing 1.06 hectares (2.62 acres) more or less.

Brant Landfill

That portion of the north east quarter of section 10, township 18, range 26, west of the 4th meridian described as plan 1621LK containing 4.74 acres more or less.

Herronton Landfill

That portion of the north west quarter of section 20, township 19, range 25, west of the 4th meridian described as plan 2708GJ, parcel X containing 2.04 acres more or less.



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Shouldice Landfill

That portion of the south east quarter of section 22, township 20, range 22, west of the 4th meridian which lies to the north and east of the north easterly limits of the roadway as said roadway is shown on plan 3356BM containing 2.243 hectares (5.55 acres) more or less, including plan 7087BM containing 1.15 acres more or less.

Queenstown Landfill

That portion of the north east quarter of section 24, township 19, range 22, west of the 4th meridian described as commencing at the south east corner of said quarter section thence northerly along the eastern boundary thereof 217.8 feet, thence westerly parallel with the southern boundary thereof 400 feet thence southerly parallel with the said eastern boundary 217.8 feet more or less to the said southern boundary thence easterly along the said southern boundary 400 feet more or less to the place of commencement containing 0.809 of a hectare (2 acres) more or less.

Milo Landfill

That portion of the west half of section 5, township 19, range 21, west of the 4th meridian described as plan 7148BM containing in the north west quarter 0.38 of an acre more or less and in the south west quarter 1.37 acres more or less.

Vulcan Landfill

The north east quarter of section 24, township 18, range 23, west of the 4th meridian containing 64.7 hectares (160 acres) more of less excepting thereout plan 415LK containing 0.417 hectares (1.03 acres) more or less.

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Court of Queen’s Bench Act

SURROGATE RULES AMENDMENT REGULATION

Filed: June 9, 2004

Made by the Lieutenant Governor in Council (O.C. 226/2004) on June 8, 2004 pursuant to section 20 of the Court of Queen’s Bench Act.

1 The Surrogate Rules (AR 130/95) are amended by this Regulation.


AR 107/2004 COURT OF QUEEN’S BENCH

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2 Rule 14 is amended by adding “and the endorsement must appear on the copy of the will attached to the grant” after “gift is void”.

3 Rule 34(3) is amended by striking out “alternative” wherever it occurs and substituting “alternate”.

4 Rule 37(3) is amended by striking out “alternative” and substituting “alternate”.

5 Rule 84 is renumbered as rule 85 and in that rule “rule 83” is struck out and “rule 84” is substituted.

6 Rule 83 is renumbered as rule 84 and in that rule “rule 85” is struck out and “rule 83” is substituted.

7 Rule 85 is renumbered as rule 83.

8 Schedule 3 is amended by striking out “DATE OF AFFIDAVIT ________________” wherever it occurs.

9 Schedule 3 Form NC 2 is amended under the heading “Notices” by adding the following after item 4.6:

4.7 NC 24.1 Notice to Public Trustee

10 Schedule 3 Form NC 3 is amended by striking out “The deceased died ______________” and substituting the following:

The deceased died Testate: __________________ Intestate: After a thorough search of all likely places, no testamentary paper of the deceased has been found.

11 Schedule 3 Form NC 29 is amended

(a) by striking out the heading “Schedules” and substituting “Schedules Attached”;



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(b) by striking out the heading “Documents” and substituting “Documents Attached”.

12 Schedule 3 Form NC 33 is amended

(a) by striking out the heading “Schedules” and substituting “Schedules Attached”;

(b) by striking out the heading “Documents” and substituting “Documents Attached”.

13 Schedule 3 is amended by adding the following after Form C 9: C 9.1 COURT FILE NUMBER COURT Court of Queen’s Bench of Alberta (Surrogate Matter) JUDICIAL DISTRICT ESTATE NAME PROCEDURE Application for Trusteeship of a Minor Child DOCUMENT Notice of objection to application for Trusteeship of a Minor Child (Fill in your name and the other information) Name Complete address Relationship to minor child 1. I object to any application by that . 2. I request an interim order that . 3. In the proceedings, I will seek a final order that . 4. My reason for this request is . 5. My complete address for service of any documents in this matter is

. 6. This notice of objection is sent to . Objector Date



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Name: Complete address: Lawyers for Objector(s) Responsible lawyer: Firm name: Complete address: Phone: Fax: File no.: This notice of objection requires an affidavit to establish the facts relied on by the objector. Use Form C2.

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Regulations Act

MISCELLANEOUS CORRECTION REGULATION

Filed: June 9, 2004

Made by the Lieutenant Governor in Council (O.C. 227/2004) on June 8, 2004 pursuant to section 10 of the Regulations Act.

1 The Agricultural Equipment Technician Trade Regulation (AR 259/2000) is amended in section 4(5) by striking out “over” and substituting “of”.

2 The Agriculture Financial Services Regulation (AR 99/2002) is amended by striking out “lightening” wherever it occurs and substituting “lightning”.

3 The Alberta Beef Producers Plan Regulation (AR 336/2003) is amended

(a) in section 15 by striking out “of” and substituting “or”;

(b) in section 30(8)(b)(ii) by striking out “cease” and substituting “ceases”;

(c) in section 45(5) by striking out “subsections” and substituting “subsection”;


AR 108/2004 REGULATIONS

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(d) in section 46(4) by striking out “member” and substituting “number”;

(e) in section 67(2) by striking out “terms” wherever it occurs and substituting “term”;

(f) in section 68(3) by striking out “terms” and substituting “term” and by striking out “director of director” and substituting “director or director”;

(g) in section 98(2) by striking out “zones” and substituting “zone”.

4 The Alberta Sheep and Wool Commission Plan Regulation (AR 263/2001) is amended in section 32(2) by relettering clause (d) as clause (b).

5 The Alberta Sheep and Wool Commission Regulation (AR 389/2003) is amended

(a) in section 3(5) by adding “of the” after “amount”;

(b) in section 6(2) by striking out “that year” and substituting “that calendar year”;

(c) in section 12 by striking out “(AR 319/98)” and substituting “(AR 319/96)”.

6 The Bee Regulation (AR 194/2003) is amended in section 3(1) and (2) by striking out “Apriculturalist” and substituting “Apiculturist”.

7 The Builders’ Lien Forms Regulation (AR 51/2002) is amended in Form 1 by striking out “have to yet” and substituting “have not yet”.

8 The Charitable Fund-raising Regulation (AR 108/2000) is amended in section 9(2) by striking out “Schedule 13” and substituting “Schedule 12”.

9 The Code of Conduct Regulation (AR 183/2003) is amended in section 4 by striking out “default support provider” and substituting “default supply provider”.



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10(1) The Condominium Property Regulation (AR 168/2000) is amended by this section.

(2) Section 1(2) is amended by striking out “11(1)(b)” and substituting “14(1)(b)”.

(3) Section 1(2)(a)(i) is amended by striking out “11” and substituting “14”.

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

(b) is to consist of

(i) a first sheet on which are set out the matters prescribed by sections 8(1)(a), (b), (c), (d), (f), (g), (h), (j), (l) and (m) and (2) and 10(1) of the Act, and

(ii) further sheets, if necessary, containing the particulars required by section 8(1)(e), (i) and (k) of the Act.

(5) Section 4 is amended by striking out “6(1)(b) and (d)” and substituting “8(1)(b) and (e)”.

(6) Section 7 is amended by striking out “6(1)(f), (f.1) and (g)” and substituting “8(1)(g), (h) and (j)”.

(7) Section 12(1) is amended by striking out “26” and substituting “32”.

(8) Section 13 is amended by striking out “40(4)” and substituting “49(4)”.

(9) Section 14 is amended by striking out “40, 42, 43 or 54” and substituting “49, 51, 52 or 63”.

(10) Section 15(1)(a) is amended by striking out “11(14)” and substituting “14(14)”.

(11) Section 15(1)(b) is amended by striking out “49” and substituting “58”.


(13) Section 17 is amended by striking out “43(4) or 54(4)” and substituting “52(5) or 63(4)”.



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(14) Section 18 is amended by striking out “54” and substituting “63”.



(17) Section 21(1)(a) is amended by striking out “11(1)(a)” and substituting “14(1)(a)”.

(18) Section 21(1)(b) is amended by striking out “30.1” and substituting “38”.

(19) Section 21(1)(d) is amended by striking out “30.1” and substituting “38”.

(20) Section 23(2)(b) is amended by striking out “30.1” and substituting “38”.


(22) Sections 27 and 28 are amended by striking out “30.1” and substituting “38”.

(23) Section 32 is amended by striking out “14.2” and substituting “19”.

(24) Section 33(1) is amended by striking out “11(1)(a)” and substituting “14(1)(a)”.

(25) Section 33(2)(a) is amended by striking out “15” and substituting “20”.

(26) Section 38(1) is amended by striking out “3 and 4” and substituting “5 and 6”.

(27) Section 38(2) is amended by striking out “3 and 4” and substituting “5 and 6” and by striking out “6 to 8” and substituting “8 to 10”.

(28) Section 39(2) is amended by striking out “6 to 8” and substituting “8 to 10”.

(29) Section 39(3)(b) is amended by striking out “3 and 4” and substituting “5 and 6”.



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(30) Section 43 is amended by striking out “9 and 10” and substituting “12 and 13”.


(32) Section 57(1) is amended by striking out “15(1.1)” and substituting “20(2)”.


(34) Section 58(2)(b) is amended by striking out “8(1)(b)(i)” and substituting “10(1)(b)(i)”.


(36) Section 61(1) is amended by striking out “38(1)(a), (a.1) and (b)” and substituting “47(1)(a), (b) and (c)”.

(37) Section 61(3) is amended by striking out “38(1)(a), (a.1) and (b)” and substituting “47(1)(a), (b) and (c)”.

(38) Section 61(5) is amended by striking out “38(6)” wherever it occurs and substituting “47(7)”.


(40) Section 63 is amended by striking out “11” wherever it occurs and substituting “14”.


(42) Section 66(2) is amended by striking out “11(10)” and substituting “14(10)”.

(43) Section 67(2) is amended by striking out “11(10)” and substituting “14(10)”.

(44) Section 72(1) is amended by striking out “7(2.1)” and substituting “9(3)”.

(45) Section 72(2) is amended by striking out “7(2)” wherever it occurs and substituting “9(2)”.

(46) Section 75 is amended by striking out “8(1)(b)(ii)” and substituting “10(1)(b)(ii)”.



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(48) Section 77 is amended by striking out “61.1” wherever it occurs and substituting “69”.


(50) Section 79 is repealed.

(51) Form 1 is amended by striking out “Section 6(1)(f), (f.1) and (g)” and substituting “Section 8(1)(g), (h) and (j)”.

(52) Form 3 is amended by striking out “Section 26” and substituting “Section 32”.

(53) Form 4 is amended by striking out “Section 40(4)” and substituting “Section 49(4)”.

(54) Form 5 is amended

(a) by striking out “Section 53(1)” and substituting “Section 62(1)”;

(b) by striking out “51” and substituting “60”;

(c) by striking out “52” and substituting “61”.

(55) Form 6 is amended by striking out “Sections 43(4) and 54(4)” and substituting “Sections 52(5) and 63(4)”.



11 The Crown Minerals Registration Regulation (AR 264/97) is amended in section 8 by striking out “140(10)” and substituting “95(10)”.

12 The Direct Purchase Regulation (AR 210/98) is amended in section 2(b) by striking out “Department of Infrastructure” and substituting “Department of Government Services”.



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13 The Electrician Trade Regulation (AR 274/2000) is amended in section 3(m)(iii) by striking out “word” and substituting “wood”.

14 The Employment Standards Regulation (AR 14/97) is amended by repealing section 2(2)(b), (c) and (d) and substituting the following:

(b) a member or student within the meaning of the Regulated Accounting Profession Act,

15 The Food and Food Establishments Regulation (AR 328/2003) is amended in section 26(3) by striking out “offer” and substituting “officer”.

16 The Gaming and Liquor Regulation (AR 143/96) is amended in section 94(2)(a) and (d) by striking out “or spouse, adult interdependent partner” and substituting “, spouse or adult interdependent partner”.

17 The General Regulation (AR 38/2002) is amended in Form 4 by renumbering item 4 as item 3.

18 The General Regulation (AR 102/85) is amended in section 43 by adding “the” before “permit holder’s” wherever it occurs.

19 The LIS Delegated Authority Regulation (AR 218/98) is amended by repealing section 2(2) and substituting the following:

(2) The powers, duties and functions of the Minister under the following sections of the Act are delegated to LIS:

(a) section 4(1)(h), (4) and (6);

(b) section 5;

(c) section 6(2);

(d) section 7(3);

(e) section 9;



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(f) section 10;

(g) section 11;

(h) section 13;

(i) section 17(3);

(j) section 35(1) and (2).

20 The Management Body Operation and Administration Regulation (AR 243/94) is amended by striking out “on” and substituting “or”.

21 The Management Employees Pension Plan (AR 367/93) is amended in section 2(1)(ss.2) by renumbering subclause (iii) as subclause (ii).

22 The Metallic and Industrial Minerals Regulation (AR 66/93) is amended by in section 1

(a) in clauses (b) and (c) by striking out “Act” and substituting “Mines and Minerals Act (RSA 1980 cM-15);

(b) in clause (g) by striking out “1(1)(m)” and substituting “1(1)(p)”.

23(1) The Natural Gas Marketing Regulation (AR 358/86) is amended by this section.

(2) Section 5(3) is amended by striking out “6.1” and substituting “7”.

(3) Section 7(2)(d) is amended by striking out “6.1” and substituting “7”.


(5) Section 10(1) is amended by striking out “9(2)(b)(ii)” and substituting “10(2)(b)(ii)”.

(6) Section 10(1)(a) is amended by striking out “9(2)(a)” and substituting “10(2)(a)”.



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(7) Section 10(1.1) is amended by striking out “9(2)(a)” and substituting “10(2)(a)”.






(13) Section 14.1(2) is amended by striking out “9(2)(b)(ii)” and substituting “10(2)(b)(ii)”.

(14) Section 14.1(4) is amended by striking out “9(2)(b)(ii)” and substituting “10(2)(b)(ii)”.

(15) Section 14.2 is repealed.




(19) Sections 17.1 to 17.3 are amended by striking out “9” and substituting “10”.

(20) Section 25(b) is amended by striking out “14” and substituting “15”.

(21) Section 26(1) to (4) are amended by striking out “14” and substituting “15”.


24 The Natural Gas Price Protection Regulation (AR 157/2001) is amended in section 1(1)(h.1)(ii)(B)(I) by



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striking out “section 1(a.1)(i)” and substituting “section 1(1)(a.1)(i)”.

25 The Natural Gas Royalty Regulation, 2002 (AR 220/2002) is amended

(a) in Schedule 8 in section 2(9) by striking out “the which” and substituting “which”;

(b) in Schedule 8 in section 5(4) by relettering clause (d) as clause (c).

26 The Operator Licensing and Vehicle Control Regulation (AR 320/2002) is amended in section 1(j) by relettering (A), (B) and (C) as (i), (ii) and (iii) respectively.

27 The Personal Information Protection Act Regulation (AR 366/2003) is amended in section 12(3)(g) by striking out “an” and substituting “a”.

28 The Private Schools Regulation (AR 190/2000) is amended by repealing section 14(b) and substituting the following:

(b) appoint a person who is registered and qualified to perform an audit engagement under the Regulated Accounting Profession Act as auditor for the school,

29(1) The Procedures (Trespass) Amendment Regulation (AR 75/2004) is amended by this Regulation.

(2) The second section 3 is repealed and the following is substituted:

4 Schedule 2 is amended by adding the following after Part 44:

Part 45 Trespass To Premises Act

1(1) The specified penalty payable in respect of a contravention of section 3 of the Trespass to Premises Act is $250.



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(2) Where a person is charged with a 2nd or subsequent offence for the contravention of section 3 of the Trespass to Premises Act with respect to the same land, the person is required to appear before a justice without the alternative of making a voluntary payment.

(3) The third section 3 is renumbered as section 5.

30 The Public Service Pension Plan (AR 368/93) is amended in section 2(1)(ss.2) by renumbering subclause (iii) as subclause (ii).

31 The Regulated Default Supply Regulation (AR 168/2003) is amended in section 2

(a) in subsection (1)(a) by striking out “(1.2) and (1.3)” and substituting “(1.1) and (1.2)”;

(b) by repealing subsections (1.2) and (1.3) and substituting the following:

(1.1) A regulatory authority may extend the January 1, 2004 date specified in subsection (1)(a) of this section and in section 3(2) and (3)(a) in respect of an application for approval of a regulated rate tariff made to the regulatory authority under section 103 of the Act.

(1.2) An extension made by a regulatory authority under subsection (1.1) must not extend beyond July 1, 2004.

32 The Regulations Act Regulation (AR 288/99) is amended in section 1 by relettering clause (d) as clause (c).

33 The Roles, Relationships and Responsibilities Regulation, 2003 (AR 169/2003) is amended in the heading preceding section 2 by striking out “Supplies” and substituting “Suppliers”.

34 The Rural Electrification Loan Regulation (AR 139/97) is amended in section 2(2)(d) by striking out “8(4) and 13.1(1)” and substituting “10(4) and 17(1)”.



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35 The Special Forces Pension Plan (AR 369/93) is amended in section 2(1)(ss.2) by renumbering subclause (iii) as subclause (ii).

36 The Student Evaluation Regulation (AR 177/2003) is amended in section 2 by striking out “the determining” and substituting “determining”.

37 The Temporary Employment and Job Creation Programs Regulation (AR 380/2003) is amended in section 2 by striking out “the section” and substituting “section”.

38 The Tribunal Process and Procedure Regulation (AR 170/2003) is amended in section 17(1) by striking out “is” and substituting “are”.

39 The Waiver Regulation (AR 298/2003) is amended in section 1(1)(a) by striking out “the Food Regulation (AR 240/85)” and substituting “the Food and Food Establishments Regulation (AR 328/2003).

40 In the following provisions “Alberta Municipal Financing Corporation” is struck out wherever it occurs and “Alberta Capital Finance Authority” is substituted:

(a) Electronic Transactions Act Designation Regulation (AR 35/2003), in the Schedule;

(b) Funds and Agencies Exemption Regulation (AR 128/2002), in Schedule B;

(c) Freedom of Information and Protection of Privacy Regulation (AR 200/95) in Schedule 1;

(d) Hospitalization Benefits Regulation (AR 244/90), in sections 21(1) and 23(2)(b);

(e) Municipal Affairs Grants Regulation (AR 123/2000), in Schedule 3, section 1(a).


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Fuel Tax Act

FUEL TAX AMENDMENT REGULATION

Filed: June 9, 2004

Made by the Lieutenant Governor in Council (O.C. 229/2004) on June 8, 2004 pursuant to section 51 of the Fuel Tax Act.

1 The Fuel Tax Regulation (AR 388/87) is amended by this Regulation.

2 Section 1(1) is amended

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

(b.1) “air transport service” means a commercial air service that is operated for the purpose of transporting persons or cargo in an aircraft between 2 points;

(b.2) “commercial aircraft” means an aircraft that is used in an air transport service;

(b.3) “commercial aircraft on an international flight” means a commercial aircraft whose point of departure or point of destination is outside Canada;

(b) by adding the following after clause (f.1):

(f.11) “foreign operator” means a foreign operator, within the meaning of the Canadian Aviation Regulations under the Aeronautics Act (Canada), of an air transport service;

(c) by adding the following after clause (i.1):

(i.2) “passenger” means a person, other than a crew member, who is carried on board an aircraft;

3 Section 5(1) is repealed and the following is substituted:

Rebate of tax 5(1) An application for a rebate of tax under section 7 of the Act, with respect to aviation fuel, fuel oil or liquid petroleum gas used for a purpose other than for farming operations in Alberta, shall be in a form provided by the Minister and


AR 109/2004 FUEL TAX

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(a) in the case of a rebate under section 7(3)(n) of the Act, may be made monthly, and

(b) in the case of any other rebate under section 7 of the Act, may not be made more frequently than every 3 months.

4 The following is added after section 5:

Aviation fuel rebate 5.1 A rebate of tax paid may be granted under section 7(3)(n) of the Act in respect of aviation fuel purchased in Alberta after February 29, 2004 for use in a commercial aircraft on an international flight, if the flight

(a) originated in Canada and has a destination point outside Canada, and no passengers or cargo are offloaded in Canada after the flight leaves Alberta, or

(b) originated outside Canada and has a destination or stopover point in Alberta where passengers or cargo are offloaded, if none of the passengers or cargo offloaded in Alberta were loaded onto the aircraft in Canada.

5 The following is added after section 12.5:

Aviation fuel tax exemption 12.6 Notwithstanding section 3 of the Act, a foreign operator of a commercial aircraft on an international flight is exempt from the payment of tax for aviation fuel purchased in Alberta after February 29, 2004 with respect to a flight, if the flight

(a) originated in Canada and has a destination point outside Canada, and no passengers or cargo are offloaded in Canada after the flight leaves Alberta, or

(b) originated outside Canada and has a destination or stopover point in Alberta where passengers or cargo are offloaded, if none of the passengers or cargo offloaded in Alberta were loaded onto the aircraft in Canada.

THE ALBERTA GAZETTE, PART II, MAY 31, 2004

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Alberta Treasury Branches Act

ALBERTA TREASURY BRANCHES AMENDMENT REGULATION

Filed: June 9, 2004

Made by the Lieutenant Governor in Council (O.C. 234/2004) on June 8, 2004 pursuant to section 34 of the Alberta Treasury Branches Act.

1 The Alberta Treasury Branches Regulation (AR 187/97) is amended by this Regulation.

2 Section 1 is amended

(a) in subsection (1)

(i) by renumbering clause (a) as clause (a.2) and by adding the following before that clause (a.2):

(a) “ATB” means Alberta Treasury Branches;

(a.1) “bank”, without limiting section 28(1)(d) of the Interpretation Act, includes a bank named in Schedule III to the Bank Act (Canada);

(ii) in clause (b) by adding the following after subclause (iii):

(iii.1) an association or a central cooperative credit society within the meanings of the Cooperative Credit Associations Act (Canada), including (to avoid any doubt) a federation of credit unions, being a financial services cooperative, referred to in An Act Respecting Financial Services Cooperatives (Quebec) (R.S.Q, cC-67.3) and La Caisse centrale Desjardins du Québec (commonly called the “Caisse centrale Desjardins”),

(iii.2) a credit union central incorporated or continued by or under the Credit Union Act,

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

(b.1) “fiscal year” means ATB’s fiscal year;

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


AR 110/2004 ALBERTA TREASURY BRANCHES

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(c.1) “guidelines” means guidelines made under section 23.1(1);

(b) by repealing subsection (3) and substituting the following:

(3) For the purposes of section 14 of the Act,

(a) “interest payable” includes interest that has accrued but is not yet payable;

(b) “money deposited” includes debt instruments issued by ATB that

(i) are issued in Canadian dollars,

(ii) have an original term to maturity of not more than 10 years, and

(iii) are not subordinate to any other money deposited with ATB.

3 Section 2.1 is amended by striking out “is a prescribed corporation” and substituting “and a mortgage broker within the meaning of the Real Estate Act that is a corporation are the prescribed corporations”.

4 Section 8(5) is amended

(a) in clause (k)

(i) in subclause (ii) by striking out “sfinancial” and substituting “financial”;

(ii) by repealing subclause (iv) and substituting the following:

(iv) at market value, commercial paper that matures within 100 days from the date of its issue and has at least a rating of P-1 from Moody’s Investors Service or the equivalent rating from another approved rating organization, as that term is defined in the relevant Multilateral Instrument issued by the Canadian Securities Administrators;

(b) by repealing clause (l) and substituting the following:



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(l) a line of credit to a participant in the Large Value Transfer System that has at least a rating referred to in clause (k)(iv).


(a) by repealing subsection (2.3) and substituting the following:

(2.3) ATB may enter into credit derivative contracts with financial institutions in Canada that have at least one of the credit ratings referred to in the guidelines referred to in subsection (3) in respect of residential mortgage loans secured by land situated in Canada for the purpose of diversifying its geographic concentration risk.

(b) in subsection (3) by striking out from “following table” to the end of the subsection and substituting “guidelines whose primary subject-matter is derivatives.”.

6 Section 11 is repealed and the following is substituted:

Deposit guarantee fee 11(1) In this section, “deposits” means

(a) money whose repayment, taking into account section 1(3), is guaranteed by section 14(1) of the Act, and

(b) negotiable instruments specified by notice in writing given by the Minister to ATB for the purposes of this subsection.

(2) ATB shall, before July 1 in each year, pay to the Minister in respect of the previous fiscal year the fee required by section 14(2) of the Act, in the aggregate of the following amounts based on deposits held by ATB:

(a) for deposits that do not exceed $60 000 or for those portions of deposits exceeding $60 000 that do not exceed $60 000, the lesser of

(i) an amount equal to the total of those deposits or those portions of those deposits multiplied by Canada Deposit Insurance Corporation’s rate for a deposit-taking institution with a similar risk profile as ATB, as determined by the Minister, and



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(ii) an amount equal to 1/6 of 1% of all those deposits or those portions of those deposits;

(b) for those portions of deposits exceeding $60 000 that do exceed $60 000, an amount equal to 1/6 of 1% of all those excess portions.

(3) For the purposes of subsection (2), the amounts of the respective deposits are to be

(a) based on the amount reported in ATB’s audited annual financial statements except that the Minister may, for those purposes, accept estimates prepared by ATB of the amounts of the deposits to the extent that they are not so reported, and

(b) subject to clause (a), calculated in accordance with methodology approved by the Minister.

(4) The fees payable under this section, including those payable for the 2002-03 and the 2003-04 fiscal years, may be paid in the form of subordinated debt issued by ATB to the Crown in right of Alberta that meets the requirements of the Minister, but only until the fiscal year after that in which the portion of ATB’s tier 2 capital that is calculated under section 24(1)(c)(iii) falls to zero dollars.

(5) A notice under subsection (1)(b) is deemed to be a document incorporated in this Regulation for the purposes of section 1(1)(f) of the Regulations Act, but the Minister shall ensure that its contents are given publicity in such a form as the Minister considers likely to make it available, generally, to all persons likely to be affected by it.


(a) in subsection (1)(c) by striking out “20” and substituting “40”;

(b) in subsection (2) by adding “in the Schedule” after “Tables”.

8 Section 23.1 is repealed and the following is substituted:

Guidelines 23.1(1) The Minister may make guidelines for ATB on any matter referred to in section 34(1)(h.2) of the Act and shall make such guidelines on an identified subject-matter where a provision of this



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Regulation requires guidelines on that subject-matter in order to ensure the efficacy of the provision.

(2) Guidelines

(a) must not be inconsistent with this Regulation,

(b) are deemed to be regulations for the purposes, and only for the purposes, of section 33 of the Act, and

(c) must contain a commencement date from which they come into effect.

9 The following is added after section 23.1:

Compliance with legislation and guidelines 23.2(1) ATB shall provide to the Minister a report, in a form satisfactory to the Minister, on its compliance with the Act, the regulations and the guidelines

(a) for the fiscal year to which the financial statements submitted under section 23 of the Act relate, within 90 days after the date on which it submits those financial statements, and

(b) for any other period specified by the Minister, if so required by the Minister, on or before the date specified by the Minister.

(2) The Minister shall annually specify subjects on which compliance by ATB with the Act, the regulations and the guidelines is to be the subject of an examination by the person and in the manner decided by the Minister.


(a) by repealing subsections (1) and (2) and substituting the following:

Maintenance of assets 24(1) In this section, with reference to ATB,

(a) “capital” means the aggregate of its tier 1 capital and tier 2 capital, less deductions from capital;

(b) “tier 1 capital” means its retained earnings;

(c) “tier 2 capital” means the aggregate of



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(i) the total value of its subordinated debt referred to in section 11(4), as adjusted in accordance with and subject to the maximum specified by subsection (3),

(ii) the amount of its general allowances against loan losses subject to the maximum specified by subsection (4), and

(iii) an amount equal to the greater of zero and an amount calculated in accordance with the formula

(($750 million + R0) - R1) - L

where

R0 = the retained earnings reported in ATB’s audited annual financial statements as at March 31, 2003

R1 = the retained earnings reported in ATB’s audited annual financial statements as at the end of the fiscal year (starting with the 2003-04 fiscal year) for which the calculation is done

L = the absolute value of the sum of all net losses reported in ATB’s audited annual financial statements as at a date after March 31, 2003, up to and including the fiscal year for which the calculation is done.

(2) ATB shall maintain its assets in accordance with this Regulation so that its capital equals or exceeds the greatest of

(a) 8% of its risk weighted assets,

(b) 5% of its assets, and

(c) the amount specified by the Minister by notice in writing.

(b) in subsection (4) by striking out “.625%” and substituting “.875%”;

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

(5) Section 11(5) applies with respect to a notice under subsection (2)(c).



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(a) by renumbering it as section 25(1);

(b) in subsection (1)

(i) in clause (b) by striking out “interest rate” and substituting “derivative”;

(ii) by repealing clause (c) and substituting the following:

(c) for derivative contracts not subjected to netting under subsection (2), the sum of the products of the following formula, computed for each derivative contract, namely

[(P x A) + PRC] x C

where

P is the notional principal amount of the contract

A is the add-on factor set out in Table 4

PRC is the replacement cost, obtained by “marking to market”, of the contract if it has a positive value, and

C is the risk weighting factor set out in Table 3 for the counter-party.


(2) ATB may, in accordance with those guidelines issued by the federal Office of the Superintendent of Financial Institutions and currently in place whose subject-matter is capital adequacy requirements, net derivative contracts that are subject to novation or any other lawful form of netting within the meaning of those guidelines and, if it does so, shall calculate the credit equivalent amount of netted derivative contracts in accordance with those guidelines.

12 Section 29 is amended by striking out “referred to in section 23.1” and substituting “whose primary subject-matter is liquidity”.



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13 Table 1 in the Schedule is amended by adding “ON-BALANCE SHEET ITEMS” below the heading “TABLE 1”.

14 Table 2 in the Schedule is amended by striking out “(Face Amount) ($F)”.

15 Table 3 in the Schedule is amended by repealing all the text before the second set of headings “Counterparty” and “Counterparty Weight (C)”.

16 The Schedule is amended by adding the following after Table 3:

Table 4 Add-on Factor in Section 25(1)

Residual Maturity

Type of Contract

Interest Rate

Currency Exchange Rate and Gold

Equities Precious Metals except Gold

Other Commod-ities

One year or less

0.0% 1.0% 6.0% 7.0% 10.0%

Over one year but not over five years

0.5% 5.0% 8.0% 7.0% 12.0%

Over five years

1.5% 7.5% 10.0% 8.0% 15.0%

17 The following provisions are amended by striking out “Alberta Treasury Branches” and “Alberta Treasury Branches’s” wherever they occur and substituting “ATB” and “ATB’s” respectively:

section 1(2)(a), (d), (i) and (l); section 4; section 5(1) and (2); section 5.1(2); section 6(2) and (3); section 7; section 8(4) and (5); section 9(1) and (4);



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section 9.1(2); section 9.2(2) and (3); section 10(1), (2), (2.1), (2.2) and (3); section 13; section 14; section 15; section 16; section 18(1), (2) and (4); section 19; section 20; section 21; section 22(4); section 23(1)(a) and (c); section 24(3) and (4); section 25(1); section 29; section 30; Item 6 of Table 1 in the Schedule.

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


Credit Union Act

CREDIT UNION (PRINCIPAL) AMENDMENT REGULATION

Filed: June 9, 2004

Made by the Lieutenant Governor in Council (O.C. 237/2004) on June 8, 2004 pursuant to section 230 of the Credit Union Act.

1 The Credit Union (Principal) Regulation (AR 249/89) is amended by this Regulation.



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

(m.1) “residential mortgage loans” means mortgage loans by the credit union to individuals to finance one to 4 unit residential dwellings where at least one of the units is to be owner-occupied and the parcel of land on which it is situated does not exceed 40 acres;

(ii) by repealing clause (p);


AR 111/2004 CREDIT UNION

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(b) in subsection (2) by striking out “, (2) and (9)” and substituting “and (2)”;


(2.1) The definition of “assets” in section 2(9) applies in sections 2(4), 15(1)(b), 17, 26(3), 31, 32, 33, 38(1), 43(1), 44(2), 54, 54.1, 65.01(c) and 73(1)(a) and sections 2(1)(a)(i) and (ii) and (c)(iv) and 3(a) and (b) and 4 of Schedule 2.


(a) in subsection (1)(d) by striking out “the regulations made for the purposes of section 108 of the Act” and substituting “section 2 of Schedule 2”;

(b) in subsection (4) by striking out “110(2)(a)” and substituting “111(3)(a)”;

(c) in subsections (5) and (6) by striking out “(zz)” and substituting “(aaa)”;

(d) in subsection (9) by striking out “1(1)(zz), 47(2), 82(4), 98(1)(b), 101(1)(g), 108, 110(2)(c), 126(1) and 178(e)” and substituting “1(1)(aaa), 89(1), 99(1)(b), 126(1), 183(7) and 199(2), and the 2nd reference in section 47(2),”.

4 Section 12(1)(c.1) is amended by striking out “Schedule 13” and substituting “Schedule 12”.



(i) in clause (b) by adding “and subject to subsection (2.1)” after “vehicles”;

(ii) in clause (c)(ii) by adding “and subject to subsection (2.1)” after “property”;

(b) by adding the following after subsection (2):

(2.1) There shall be deducted from the estimated residual values of property for the purposes of the calculations under subsection (2)(b) and (c)(ii) those portions of the estimated residual values that are either insured or in respect of which the lessee or a third party who is dealing at arm’s length with the credit union has, on



- 479 -

or before the commencement of the lease agreement, contracted to purchase the leased property or has unconditionally guaranteed the resale value of the leased property at the end of the lease agreement.

6 Section 15.1 is amended by adding the following after clause (c):

(c.1) as a mortgage broker within the meaning of the Real Estate Act;

7 Section 16 is amended by striking out “226(l)” and substituting “230(k)”.

8 Section 17 is amended by striking out “226(o)” and substituting “230(n)”.


(a) in subsection (1) by striking out “51(2)(c)” and substituting “51(2)(c)(ii)”;

(b) by repealing subsection (2).

10 Section 22(j) is amended by striking out “100(3)” and substituting “101(2)”.


(a) by striking out “81(3)” and substituting “82(3)”;

(b) by striking out “80” and substituting “81”;

(c) by striking out “86(a)” and substituting “87(a)”.

12 Section 25.1 is amended by striking out “82(4)” and substituting “83(4)”.

13 Section 25.2 is amended by striking out “82(3)(e)” and substituting “83(3)(e)”.



- 480 -


(a) in clause (a) by striking out “94 or 95” and substituting “95 or 96”;

(b) in clause (c) by striking out “225” and substituting “229”.

15 Section 30 is amended by striking out “97(1)” and substituting “98(1)”.


(a) by striking out “226(o)” and substituting “230(n)”;

(b) by striking out “98(1)(b)” and substituting “99(1)(b)”.

17 Section 32 is amended by striking out “98(1)(b)” and substituting “99(1)(b)”.




(i) by striking out “226(o)” and substituting “230(n)”;

(ii) by striking out “103 and 104” and substituting “104 and 105”;

(b) in subsection (1.1) by striking out “103(3)(a) and 104(1)(a)” and substituting “104(3)(a) and 105(1)(a)”;

(c) in subsection (1.2) by striking out “103(3)(b) and 104(1)(b)” and substituting “104(3)(b) and 105(1)(b)”;

(d) in subsection (2) by striking out “104(2)(c)” and substituting “105(2)(c)”.

20 Section 38(1) and (2) are amended by striking out “105(1)(b)” and substituting “106(1)(b)”.



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21 Section 41(1) is amended by striking out “106(10)” and substituting “107(10)”.

22 Sections 41.1(1), (3) and (4) and 41.2(1) are amended by striking out “106(11)” and substituting “107(11)”.

23 Section 41.3 is amended by striking out “108” and substituting “109”.

24 Section 42 is amended by striking out “109(1)(a)” and substituting “110(1)(a)”.

25 Section 42.1 is amended

(a) by striking out “224” and substituting “228”;

(b) by striking out “109(1)(b)(iii)” and substituting “110(1)(b)(iii)”.


(a) in subsection (1) by striking out “110(2)(a)” and substituting “111(3)(a)”;


(i) by striking out “226(o)” and substituting “230(n)”;

(ii) by striking out “110(2)(b)” and substituting “111(3)(b)”;

(c) in subsection (3) by striking out “110(3)(b)” and substituting “111(4)(b)”.

27 Section 43.1(1) is amended

(a) in clause (d) by adding “overall” after “union’s”;

(b) in clause (e) by striking out “, certified to be complete and accurate by the board”.




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(a) in subsection (1) by striking out “, in addition to stabilization preferred shares (if any) already issued”;


(i) in clause (a) by adding “investment” before “shares”;

(ii) in clause (e)(iii) by adding “investment” after “into”;

(c) in subsection (6)(b) by adding “investment” after “convert”.


(a) in subsections (2), (3) and (4) by striking out “The” and substituting “Investment”;


(i) by striking out “107(5)” and substituting “108(5)”;

(ii) by adding “investment” before “shares” wherever it occurs;


(6) The rights, terms and conditions attaching to all investment shares of any one series are equal.


(a) in subsection (1) by adding “investment” after “wishes to issue”;

(b) in subsection (5) by adding “investment” before “shares”;


(a) by adding “investment” before “shares” wherever it occurs;

(b) by adding the following after subsection (2):



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(3) The board shall certify as complete and accurate any amendments made to the disclosure statement.


(a) in subsection (2) by striking out “shares, other than as a dividend” and substituting “investment shares, other than as a dividend on investment shares”;

(b) in subsections (3) to (7) by adding “investment” before “shares” wherever it occurs.

33 Section 43.5(1)(c) is amended by striking out “and, if applicable, stabilization preferred share capital”.


(a) in subsection (1) by adding “investment” before “shares” wherever it occurs except in the first reference in the subsection;

(b) in subsection (2) by adding “investment” before “shares” and “share”;

(c) in subsections (3), (4) and (5) by adding “investment” before “shares”.


(a) in subsection (1) by striking out “a share” and substituting “an investment share”;

(b) in subsections (2) and (3) by adding “investment” before “shares” wherever it occurs.



(i) by adding “investment” before “shares” wherever it occurs;

(ii) in clause (b) by striking out “108” and substituting “109”;



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(b) in subsection (3) by adding “investment” before “shares and”;

(c) in subsection (4) by striking out “108” and substituting “109”;

(d) in subsection (5) by adding “investment” after “acquire”;

(e) in subsection (6) by adding “investment” after “acquiring”;

(f) in subsection (7) by adding “investment” before “shares”;

(g) by adding the following after subsection (7):

(8) A credit union shall give investment shareholders advance notice that their investment shares will be acquired and redeemed and shall deposit the proceeds in their account.

(9) Before redeeming or cancelling all or a portion exceeding 25% of the initial issue of a series of investment shares issued by it, a credit union shall notify the Corporation of its intention to do so.



(i) by striking out “111(4)” and substituting “112(2)”;

(ii) in clause (a) by adding “investment” before “shares”;


(i) by adding “investment” after “Where”;

(ii) by striking out “111(4)” and substituting “112(2)”;

(c) in subsection (5)

(i) by adding “investment” after “dividend on”;

(ii) in clause (b) by striking out “108 of the Act to maintain, or” and substituting “109 of the Act to maintain”;



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(iii) by repealing clause (c).

38 Section 43.71(2) is amended by adding “investment” before “shares”.

39 Section 43.81(3) and (4) are amended by adding “investment” before “shares” wherever it occurs.

40 Section 44(1) and (2) are amended by striking out “114(1)(a)” and substituting “115(1)(a)”.


42 Section 47 is amended by striking out “prescribed average amount required by section 105(1)” and substituting “greater amount required by section 106(1)”.

43 Section 51 is amended by repealing subsection (2) and substituting the following:

(2) Notwithstanding subsection (1), a credit union may make a mortgage loan that is not a quality mortgage loan

(a) if the loan is not a residential mortgage loan and has previously been approved by the Corporation, or

(b) as part of the sale of foreclosed land to a purchaser if the prior approval of a special loans committee has been received for the making of the loan.

44 Section 54 is amended by repealing subsections (1) and (2) and substituting the following:

Loan maximums 54(1) Subject to this section, the amount prescribed for the purpose of section 130(2)(a) of the Act is

(a) in the case of a credit union with assets of less than $10 000 000 as at the end of the fiscal year preceding that in which the loan would be made or, where applicable, as at the section 24 approval date, 100% of



- 486 -

its total capital as at whichever of those dates is applicable or $300 000, whichever is the greater,

(b) in the case of a credit union with assets of $10 000 000 or more but not more than $500 000 000 as at the applicable date referred to in clause (a), 40%, or with the prior approval of the Corporation such higher percentage up to 100%, of its total capital as at that date or $500 000, whichever is the greater, and

(c) in the case of a credit union with assets of more than $500 000 000 as at the applicable date referred to in clause (a),

(i) if it meets the requirements of section 109 of the Act, 40% of its total capital as at that date, or

(ii) if it does not, 20% of its total capital as at that date or $4 000 000, whichever is the greater.


Inter-credit union loans, etc. 54.1 The amount prescribed for the purpose of section 130(3) of the Act is

(a) where a small credit union is making a loan to or placing a deposit with a large credit union, 100% of the small credit union’s total assets, or

(b) in any other case, 2% of the lender credit union’s total assets, such assets being determined as at the time of its making the loan or placing the deposit.

46 Section 54.2 is amended by striking out “134(d)” and substituting “132(d)”.


(a) by repealing subsection (1);

(b) in subsection (2) by striking out “135(9)” and substituting “133(9)”.




- 487 -


(b) in clause (a)

(i) by striking out “97” and substituting “98”;

(ii) by striking out “96” and substituting “97”;

(c) in clause (b) by striking out “88(5), 129(3), 179(1), (2), (5) or (6), 182(1), (2) or (6), 185(5) or (6), 187(1), 190(3) and 211(1)” and substituting “89(4), 128(3), 177(1), (2), (5) or (6), 180(1), (2) or (6), 183(5) or (6), 185(1), 191(3) and 214(1)”.

49 Section 59 is amended by striking out “the individual appointed as a director” and substituting “one of the individuals appointed as directors”.


51 Section 61 is amended by striking out “150” and substituting “148”.


(a) by renumbering clause (a) as clause (a.1) and by adding the following before clause (a.1):

(a) “exempted entity” means a credit union, Credit Union Central of Canada, the Corporation or any subsidiary of the Corporation;

(b) in clause (a.1)

(i) in subclause (ii) by striking out “borrowers” and substituting “entities”;

(ii) by adding “or such higher amount as has previously been approved by the Minister” after “fiscal year”;

(c) by repealing clause (b)(i) and substituting the following:

(i) loans held by Central, where the borrower is not an exempted entity,



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(d) in clause (b)(ii) and (iii), by striking out “borrower” and substituting “entity”;

(e) in clause (d) by striking out “90” and substituting “180”.

53 Section 65.1 is amended by striking out “159(a)” and substituting “157(a)”.


(a) by striking out “159(b)” and substituting “157(b)”;

(b) by repealing clauses (c) and (g);

(c) by repealing clause (k) and substituting the following:

(k) CU Electronic Transaction Services;

(k.1) corporations that are financial institutions;

(k.2) provincial corporations within the meaning of section 1(1)(r) of the Financial Administration Act or, generally, equivalent corporations of other provinces or territories or of Canada;

(k.3) Credential Financial Services Inc.;

(k.4) Ethical Funds Inc.;

(k.5) Everlink Payment Services Inc;



(b) in clause (a) by striking out “and” in subclause (ii), adding “and” at the end of subclause (iii) and adding the following after subclause (iii):

(iv) providing and managing their clearing house arrangements,




- 489 -



(i) by striking out “167(1) (incorporating section 46(3))” and substituting “165(1.1)(b)”;

(ii) by repealing clause (a) and substituting the following:

(a) providing corporations referred to in section 66 of this Regulation with educational, technical and advisory services,


(i) by striking out “167(1) (incorporating section 46(4)(c))” and substituting “165(1.2)(c)”;

(ii) by repealing clause (d) and substituting the following:

(d) providing credit card services to any person, and

(c) in subsection (2.1) by striking out “167(1)” and substituting “165(1)”.


(a) by striking out “226(l)” and substituting “230(k)”;

(b) by striking out “167(1)” and “167(2)” and substituting “165(1)” and “165(2)”, respectively.



(b) by striking out “82(3)(e)” and substituting “83(3)(e)”.





- 490 -


63 Section 76 is amended by striking out “174(6)(a)” and substituting “172(7)(a)”.

64 Section 78(1) is amended by striking out “203(b)(ii)” and substituting “204(b)(ii)”.


66 Section 79.1 is amended by striking out “208(1)(l)” and substituting “211(1)(n)”.





(a) in subsection (1) by striking out “221(2)” and substituting “225(2)”;

(b) in subsection (2) by striking out “221(3)” and substituting “225(3)”.


72 Section 86(2) is amended by striking out “174” and substituting “172”.



- 491 -

73 Sections 88 and 89 are repealed.

74 Schedule 2 is amended

(a) in section 2(1)

(i) in clause (a)(v) by striking out “deferred income tax recoverable account” and substituting “future income taxes recoverable”;

(ii) in clause (b) by repealing subclause (iv);

(iii) in clause (c)

(A) in subclause (iii) by striking out “deferred income taxes” and substituting “future income taxes recoverable”;

(B) in subclause (iv) by striking out “0.625%” and substituting “0.875%”;

(b) in section 2(4)(a) by striking out “173(4)” and substituting “171(4)”;

(c) in section 2(5)(b)

(i) in subclause (i) by striking out “deferred income taxes” and substituting “future income taxes recoverable”;

(ii) by adding the following after subclause (i):

(i.1) the general allowances for its loan losses referred to in subsection (1)(c)(iv),

(d) in Table 1 in section 8

(i) in Item 16 by striking out “mortgages that are quality mortgages” and substituting “mortgage loans that are quality mortgage loans”;

(ii) in Item 17 by striking out “mortgages that are not quality mortgages” and substituting “mortgage loans that are not quality mortgage loans”.

75 Form 1 of Schedule 3 is amended

(a) by renumbering Items 3 to 9 as Items 4 to 10, respectively;



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(b) by adding the following after Item 2:

3. RISK FACTORS

In addition to general competitive and economic risks, the Credit Union is exposed to the following risk factors: [Note: Provide a description of the major risk factors to which the Credit Union is exposed, such as credit risk, investment risk, liquidity risk, interest rate risk and currency risk.]

76 Form 2 of Schedule 3 is amended

(a) by adding “investment” after “may cover more than one series of”;

(b) by striking out “THE SHARES ARE NOT TRADEABLE” and substituting “INVESTMENT SHARES ARE NOT TRADEABLE”;

(c) by striking out “ABLE TO TRANSFER YOUR” and substituting “ABLE TO TRANSFER YOUR INVESTMENT”;

(d) by adding “INVESTMENT” after “DOES NOT APPLY TO”;

(e) in Item 1 by striking out “consumer, of” and “residential mortgages, of” and substituting “consumer loans, of” and “residential mortgage loans, of”, respectively;

(f) by renumbering Items 3 to 13 as Items 4 to 14, respectively;

(g) by adding the following after Item 2:

3. RISK FACTORS

In addition to general competitive and economic risks, the Credit Union is exposed to the following risk factors: [Note: Provide a description of the major risk factors to which the Credit Union is exposed, such as credit risk, investment risk, liquidity risk, interest rate risk and currency risk.]

(h) in Item 6B (as renumbered)

(i) by striking out “Shares in the Series” and substituting “Investment shares in the Series”;

(ii) by striking out “attaching to the shares” and substituting “attaching to investment shares”;



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(iii) by striking out “and (if applicable) stabilization preferred share redemptions”;

(i) in Item 6C (as renumbered)

(i) by adding “investment” after “buy back” and “sell your”;

(ii) by striking out “After November 1, 1999, if” and substituting “If”;

(j) in Item 6D (as renumbered) by adding “for the holder” after “authorizing resolution”;

(k) in Item 6E (as renumbered) by striking out “The shares” and substituting “Investment shares”;

(l) in Item 11 (as renumbered) by striking out “(or merge)”;

(m) in Item 12 (as renumbered) by adding “accounting,” before “legal”.

77 The Credit Union Stabilization Preferred Shares Regulation (AR 262/85) is repealed.

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



ALBERTA PEACE REGION FORAGE SEED GROWERS AUTHORIZATION REGULATION

Filed: June 9, 2004

Made by the Alberta Agricultural Products Marketing Council on May 17, 2004 pursuant to section 26 of the Marketing of Agricultural Products Act.

Definitions

1(1) In this Regulation,

(a) “Act” means the Marketing of Agricultural Products Act;


AR 112/2004 MARKETING OF AGRICULTURAL PRODUCTS

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(b) “Commission” means the commission established under the Plan with the name the Alberta Peace Region Forage Seed Growers;

(c) “Plan” means the plan established under Alberta Peace Region Forage Seed Growers Plan Regulation (AR 91/2004);

(d) “producer” means a producer as defined in the Plan;

(e) “regulated product” means regulated product as defined in the Plan.

(2) Words defined in the Act or the Plan have the same meaning when used in this Regulation.

Regulations made under section 26 of the Act

2 For the purposes of enabling the Commission to operate the Plan, the Commission is hereby authorized under section 26 of the Act to make regulations

(a) requiring any person who produces, markets or processes the regulated product to furnish to the Commission any information or record relating to the production, marketing or processing of the regulated product that the Commission considers necessary;

(b) requiring persons other than producers to be licensed under the Plan before they become engaged in the marketing and processing, or either of those functions, of the regulated product;

(c) governing the issuance, suspension or cancellation of a licence issued under the Plan;

(d) providing for

(i) the assessment, charging and collection of service charges from producers from time to time for the purposes of the Plan, and

(ii) the taking of legal action to enforce payment of the service charges;

(e) providing for the refund of service charges;

(f) requiring any person who receives the regulated product from a producer



- 495 -

(i) to deduct from the money payable to the producer any service charges payable by the producer to the Commission, and

(ii) to forward the amount deducted to the Commission;

(g) providing for the use of any class of service charges or other money payable to or received by the Commission for the purpose of paying its expenses and administering the Plan and the regulations made by the Commission.

Expiry

3 For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on May 31, 2011.

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


Funeral Services Act

GENERAL AMENDMENT REGULATION

Filed: June 10, 2004

Made by the Minister of Government Services (M.O. C:008/2004) on June 2, 2004 pursuant to section 27 of the Funeral Services Act.

1 The General Regulation (AR 226/98) is amended by this Regulation.


Authorization to embalm or cremate 13.1 A funeral services business licensee shall not

(a) embalm a dead human body without express authorization, or

(b) cremate a dead human body without express authorization in writing

from a person who the representative of the funeral services business believes on reasonable grounds has authority to control the disposition of the dead human body.


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Apprenticeship and Industry Training Act

ELECTRICIAN TRADE AMENDMENT REGULATION


Made by the Alberta Apprenticeship and Industry Training Board on May 14, 2004 pursuant to section 33(2) of the Apprenticeship and Industry Training Act.

1 The Electrician Trade Regulation (AR 274/2000) is amended by this Regulation.

2 Section 5(2) is repealed and the following is substituted:

(2) A person who is a certified journeyman in the trade or employs a certified journeyman in the trade may employ one apprentice and one additional apprentice for each additional certified journeyman in the trade that is employed by that person at the job site.

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


Apprenticeship and Industry Training Act

COOK TRADE AMENDMENT REGULATION


Made by the Alberta Apprenticeship and Industry Training Board on May 14, 2004 pursuant to section 33(2) of the Apprenticeship and Industry Training Act.

1 The Cook Trade Regulation (AR 271/2000) is amended by this Regulation.

2 Section 3 is repealed and the following is substituted:

Tasks, activities and functions 3 When practising or otherwise carrying out work in the trade, the following tasks, activities and functions come within the trade:

(a) maintaining personal hygiene and applying sanitation and safe food handling techniques;

(b) operating and maintaining kitchen tools and equipment;

(c) identifying and preparing different types of food;


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(d) maintaining and applying cooking principles and methods with respect to all aspects of cooking from basic cooking to advanced cooking;

(e) cleaning, preparing and cooking vegetables, fruits and fungi;

(f) preparing stocks, sauces and soups;

(g) using seasonings, herbs and spices;

(h) preparing egg and dairy products;

(i) preparing and cooking starches, farinaceous foods and cereals;

(j) preparing, cooking and dressing fish and seafood;

(k) preparing and cooking meats, poultry, game and variety meats;

(l) producing baked pastry and dessert products;

(m) preparing cold foods and buffets;

(n) preparing and cooking value added products;

(o) applying nutritional values and meeting special dietary needs;

(p) using cooking and chilling systems;

(q) preparing, cooking and storing food items for preservation;

(r) applying purchasing and management control;

(s) applying management skills.


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Alberta Housing Act

SOCIAL HOUSING ACCOMMODATION AMENDMENT REGULATION


Made by the Minister of Seniors (M.O. H:007/2004) on May 27, 2004 pursuant to section 34(1)(i) of the Alberta Housing Act.

1 The Social Housing Accommodation Regulation (AR 244/94) is amended by this Regulation.



(i) in clause (k) by striking out “citizen”;

(ii) by repealing clause (n) and substituting the following:

(n) “total annual income” means

(i) in the case of a household other than a senior household, the total gross income, including self-employment income from all sources of all members of the household 15 years of age or older, except

(A) income of a live-in aide, and

(B) a payment or refund directly or indirectly from the Government of Alberta or the Government of Canada that is designed to protect consumers from high energy costs,

and

(ii) in the case of a senior household, the total income of all members of the senior household, each of whose income is

(A) the total income shown on line 150 of the Notice of Assessment in respect of the income tax return filed by the member under the Income Tax Act (Canada) for the immediately preceding taxation year, or


AR 116/2004 ALBERTA HOUSING

- 499 -

(B) if a Notice of Assessment is not available for the immediately preceding taxation year, the amount that is determined and verified by the management body using the same income information that would have been used by the member to report total income on line 150 of an income tax return for the immediately preceding taxation year.

(b) by repealing subsection (3)(o) and (p).


(a) in subsection (1) by striking out “self-contained senior citizen’s” and substituting “seniors self-contained”;

(b) in subsection (3) by striking out “self-contained senior citizen’s housing accommodation referred to in section 13(1) has self-contained senior citizen’s” and substituting “seniors self-contained housing accommodation referred to in section 13(1) has seniors self-contained”.

4 The heading preceding section 9 is amended by striking out “Social”.


(a) by repealing subsection (1) and substituting the following:

Community housing accommodation eligibility 9(1) In this section, “community housing accommodation” means social housing accommodation not otherwise provided for under this Part.

(b) in subsection (2) by striking out “social”.

6 The heading preceding section 10 is amended by striking out “Senior Citizen” and substituting “Seniors”.

7 Section 10(1) is amended by striking out “citizen” wherever it occurs.



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8 Section 12 is amended by striking out “citizen”.

9 The heading preceding section 13 is repealed and the following substituted:

Seniors Self-contained Housing Accommodation


(a) by repealing subsection (1) and substituting the following:

Self-contained accommodation 13(1) In this section, “seniors self-contained housing accommodation” means any type of housing accommodation, with full services, intended to be used as a domicile by one or more senior households.

(b) in subsection (2) by striking out “citizen household is eligible for self-contained senior citizen’s” and substituting “household is eligible for seniors self-contained”.

11 The heading preceding section 14 is amended by striking out “Social”.

12 Sections 14, 15, 16 and 17 are amended by striking out “social” wherever it occurs.

13 The heading preceding section 18 is repealed.

14 Section 18 is repealed.

15 Schedule D is repealed and the following is substituted:

SCHEDULE D

LODGE ACCOMMODATION RATE SCHEDULE

1(1) In this Schedule,



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(a) “cottage unit” means lodge accommodation without meals;

(b) “monthly disposable income” means the total monthly income less the monthly basic lodge rate;

(c) “standard lodge accommodation” means lodge accommodation other than a cottage unit;

(d) “total monthly income” in respect of a member of a senior household in lodge accommodation means

(i) the member’s total income as shown on line 150 of the Notice of Assessment in respect of the income tax return filed by the member under the Income Tax Act (Canada) for the immediately preceding taxation year, less any federal and provincial taxes payable on that income, divided by 12, or

(ii) if a Notice of Assessment is not available for the immediately preceding taxation year, the amount that is determined and verified by the management body using the same income information that would have been used by the member to report total income on line 150 of an income tax return for the immediately preceding taxation year, divided by 12.

(2) A management body providing lodge accommodation must charge for the accommodation according to this Schedule.

(3) A management body must determine and set at least annually monthly basic lodge rates that will be charged for standard lodge accommodation and a cottage unit.

(4) A management body must adjust a set monthly basic lodge rate for standard lodge accommodation as required to ensure that each member of a senior household in lodge accommodation who is 65 years of age or older is left with a monthly disposable income of at least $265.

16 Section 1 of Schedule E is amended by striking out “social”.


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ALBERTA PEACE REGION FORAGE SEED GROWERS MARKETING REGULATION


Made by the Alberta Peace Region Forage Seed Growers on June 9, 2004 pursuant to section 26 of the Marketing of Agricultural Products Act.

Table of Contents

1 Interpretation 2 Service charge 3 Change in the amount of the service charge 4 Duties of dealers re service charge 5 Refund of service charge 6 Inspection of records re service charges 7 Use of funds 8 Interest on late payment of service charge 9 Legal action 10 Expiry 11 Coming into force

Interpretation 1(1) In this Regulation,

(a) “Act” means the Marketing of Agricultural Products Act;

(b) “Commission” means the commission established under the Plan with the name the Alberta Peace Region Forage Seed Growers;

(c) “crop class” means a forage seed class as defined in the Canadian Seed Growers’ Association Regulations and Procedures for Pedigree Seed Crop Production,

(i) as Foundation, Registered or Certified, or

(ii) as common forage seed;

(d) “dealer” means a dealer as defined in the Plan;

(e) “Plan” means the Alberta Peace Region Forage Seed Growers Plan Regulation (AR 91/2004);

(f) “producer” means a producer as defined in the Plan;

(g) “regulated product” means regulated product as defined in the Plan.



- 503 -

(2) Words used in this Regulation that are defined in the Plan have the same meaning as defined in the Plan.

Service charge

2 Every producer in the Alberta Peace Region must, with respect to each sale of the regulated product sold to a dealer, pay to the Commission a service charge at the rate of 0.75% of the total sale price of the regulated product sold to the dealer.

Change in the amount of the service charge

3(1) The Commission may, from time to time, change the amount of the service charge.

(2) Notwithstanding subsection (1), a change in the amount of the service charge is not effective until it has been approved by a vote of the eligible producers at an annual Commission meeting or a special Commission meeting.

Duties of dealers re service charge

4(1) Any dealer who

(a) purchases regulated product from a producer, or

(b) acquires regulated product from a producer for sale on the producer’s behalf,

must deduct the amount of the service charge payable by that producer in respect of that transaction from any proceeds payable to or on behalf of the producer.

(2) Any dealer who collects a service charge must, subject to any directions given by the Commission, pay the service charge to the Commission,

(a) in the case of service charges collected during the period commencing on July 1 and concluding December 31, by the immediately following January 31, and

(b) in the case of service charges collected during the period commencing on January 1 concluding on June 30, by the immediately following July 31.

(3) Notwithstanding subsection (2), if an arrangement is made between the Commission and the person collecting the service charge establishing time periods, other than the ones provided for under subsection (2), under which the service charges are to be paid to the Commission, the dealer must pay the service charges to the



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Commission in accordance with that arrangement unless otherwise directed by the Commission.

(4) Any person who is required to collect and pay to the Commission the service charge payable by a producer must, when that person pays the service charge to the Commission, provide to the Commission, in respect of that producer, a summary detailing the following information:

(a) the name and address of the producer;

(b) the type and crop class of the regulated product, if available;

(c) the dollar value and quantity of the regulated products obtained from the producer;

(d) the amount of the service charge being paid on behalf of the producer.

Refund of service charge

5(1) Any service charge that is paid by or on behalf of a producer is refundable to the producer on request of the producer.

(2) A request for a refund of the service charge must

(a) be made in writing on a form established by the Commission, and

(b) contain the following information:

(i) the producer’s name;

(ii) the producer’s mailing address and telephone number;

(iii) the type and crop class of the regulated product, if available;

(iv) the dollar amount and quantity of the regulated product sold;

(v) the name and address of any dealer who collected the service charge on behalf of the producer;

(vi) any other information in respect of the refund not referred to in subclauses (i) to (v) that is requested by the Commission.

(3) Requests for refunds of service charges that are collected during the previous year must be received by the Commission at its office prior to the end of January.



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(4) Any request for a refund that is not received by the Commission within the applicable time period referred to in subsection (3) is not to be considered by the Commission and the producer is not entitled to a refund in respect of which the request was made.

(5) Notwithstanding subsection (4), the Commission may, if it is satisfied that extenuating circumstances exist that warrant its doing so, consider an application for a refund that is received after the applicable time period referred to in subsection (3).

(6) Subject to subsection (4), the Commission must refund the service charge to the producer within 90 days after the end of the period in which the request for the refund relates.

Inspection of records re service charges

6(1) Where the Commission is of the opinion that circumstances warrant it, the Commission may in writing require that a dealer produce for the Commission’s inspection any record in the possession or under the control of the dealer that relates to the collection of service charges by the dealer.

(2) Where a dealer receives a request in writing under subsection (1), the dealer must comply with the request in accordance with the terms, if any, set out in the request.

Use of funds

7 Any funds received by the Commission under the Plan and any interest that accrues in respect of those funds must be used by the Commission for the purposes of paying its expenses and administering the Plan and the regulations.

Interest on late payment of service charges

8 Where service charges are payable to the Commission and they are not paid to the Commission within the time provided for under this Regulation or by the Commission, interest must be paid to the Commission for any late payment of those service charges at the rate of 1% per month calculated on the balance due.

Legal action

9 The Commission may commence and maintain any legal action that is necessary to enforce the payment of service charges that are payable under the Plan and this Regulation.



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Expiry

10 For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on May 31, 2011.

Coming into force

11 This Regulation comes into force on July 1, 2004.

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Alberta Energy and Utilities Board Act

ADMINISTRATION FEES AMENDMENT REGULATION


Made by the Alberta Energy and Utilities Board on June 14, 2004 pursuant to section 6 of the Alberta Energy and Utilities Board Act.

1 The Administration Fees Regulation (AR 135/2002) is amended by this Regulation.

2 Sections 1, 2 and 3 are repealed and the following is substituted:

Administration fee - coal mine 1(1) In this section, “coal production” means the total tons of coal mined in Alberta by an operator of a coal mine in the 2003 calendar year.

(2) The administration fees payable for the purpose of section 6 of the Alberta Energy and Utilities Board Act for the fiscal year 2004-2005 by operators in respect of their coal mines are calculated as follows:

coal production x 3.79¢ for each ton of coal = administration fee.

Administration fee - power plants 2(1) In this section, “marketed production” means the total electric energy generated in Alberta by each operator of a power plant or plants that is exchanged through the Power Pool of Alberta, or sold to or through the City of Medicine Hat, in the 2003 calendar year.


AR 118/2004 ALBERTA ENERGY AND UTILITIES BOARD

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(2) The administration fees payable for the purpose of section 6 of the Alberta Energy and Utilities Board Act for the fiscal year 2004-2005 by operators in respect of their power plants are calculated as follows:

marketed production x $1.59 for each MWh = administration fee.

(3) Where the administration fee calculated under subsection (2) is less than $5000 in total, the operator is exempt from the payment of the administration fee.

Prescribed date 3 For the purposes of section 6 of the Alberta Energy and Utilities Board Act and this Regulation, the prescribed date for the fiscal year 2004-2005 is March 31, 2005.

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


Oil and Gas Conservation Act

OIL AND GAS CONSERVATION AMENDMENT REGULATION


Made by the Alberta Energy and Utilities Board on June 14, 2004 pursuant to sections 58 and 59 of the Oil and Gas Conservation Act.

1 The Oil and Gas Conservation Regulation (AR 151/71) is amended by this Regulation.


16.040 For the purposes of these Regulations, oil sands projects shall be classed as follows:

(a) Class 1 - primary oils sands projects, consisting of projects producing bitumen volumes by cold flow method in the base year;

(b) Class 2 - thermal on-going oil sands projects, consisting of projects producing bitumen volumes by enhanced recovery method, (including projects that are experimental schemes within the meaning of the Oil Sands Conservation Act) in the base year;


AR 119/2004 OIL AND GAS CONSERVATION

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(c) Class 3 - thermal growth oil sands projects, consisting of projects where

(i) the maximum amount of bitumen volumes that may be produced by enhanced recovery method is set out in the approval, and

(ii) the approval was issued or was last amended to change the maximum amount within the 5-year period ending on December 31 of the base year;

(d) Class 4 - mining on-going oil sands projects, consisting of projects producing bitumen volumes by mining in the base year;

(e) Class 5 - mining growth oil sands projects, consisting of projects where

(i) the maximum amount of bitumen volumes that may be produced by mining is set out in the approval, or in the application for the approval or for an amendment to the approval, and

(ii) the approval was issued or last amended to change the maximum amount or the most recent application for an amendment to change the maximum amount was made, as the case may be, within the 7-year period ending on December 31 of the base year.


16.080(1) An operator of one or more approved oil sands projects shall pay for the base year the total of the administration fees calculated in accordance with the formulas set out in subsections (3) to (7).

(2) An operator of a portion of an oil sands project shall pay for the base year an administration fee in the amount determined in accordance with subsection (1) that corresponds to that operator’s portion of the oil sands project.

(3) An operator of one or more Class 1 approved oil sands projects shall pay an administration fee calculated in accordance with the following formula:

Fee for Class 1 = [(A x $5000) + B + (C x total bitumen volumes produced in the base year by the operator’s Class 1 oil sands projects)] x 2.35



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where

A is the number of Class 1 oil sands projects approvals held by the operator

B is the fixed amount selected from Table A which corresponds to the applicable production range from Table A that contains the total bitumen volumes produced in the base year by the operator’s Class 1 oil sands projects

C is the variable rate selected from Table A which corresponds to the applicable production range from Table A that contains the total bitumen volumes produced in the base year by the operator’s Class 1 oil sands projects.

(4) An operator of one or more Class 2 approved oils sands projects shall pay an administration fee calculated in accordance with the following formula:

Fee for Class 2 = [(A x $5000) + B + (C x total bitumen volumes produced in the base year by the operator’s Class 2 oil sands projects)] x 2.27

where

A is the number of Class 2 oil sands projects approvals held by the operator

B is the fixed amount selected from Table A which corresponds to the applicable production range from Table A that contains the total bitumen volumes produced in the base year by the operator’s Class 2 oil sands projects

C is the variable rate selected from Table A which corresponds to the applicable production range from Table A that contains the total bitumen volumes produced in the base year by the operator’s Class 2 oil sands projects.

(5) An operator of one or more Class 3 approved oil sands projects shall pay an administration fee in respect of each project calculated in accordance with the following formula:

Fee for Class 3 project = [$5000 + A +(B x C)] x 1.15

where



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A is the fixed amount selected from Table A which corresponds to the applicable production range from Table A that contains the amount that is determined by dividing the difference between the maximum amount of bitumen volumes that may be produced by the project in the base year under the approval and the volumes that were actually produced by the age of the approval or the most recent amended approval, calculated from the date of issuance to December 31 of the base year and rounded up to a full year (but if the bitumen volumes produced exceed the maximum amount that may be produced, A is $5000)

B is the variable rate selected from Table A which corresponds to the applicable production range from Table A that contains the amount that is determined by dividing the difference between the maximum amount of bitumen volumes that may be produced by the project in the base year under the approval and the volumes that were actually produced by the age of the approval or the most recent amended approval, calculated from the date of issuance to December 31 of the base year and rounded up to a full year (but if the project did not produce any bitumen in the base year or if the bitumen volumes produced exceed the maximum amount that may be produced, B is 0)

C is the amount determined by dividing the difference between the maximum amount of bitumen volumes that may be produced by the project in the base year under the approval and the volumes that were actually produced by the age of the approval or the most recent amended approval, calculated from the date of issuance to December 31 of the base year and rounded up to a full year.

(6) An operator of one or more Class 4 approved oil sands projects shall pay an administration fee calculated in accordance with the following formula:

Fee for Class 4 = [(A x $10 000) + B + (C x total bitumen volumes produced in the base year by the operator’s Class 4 oil sands projects)] x .81

where

A is the number of Class 4 oil sands project approvals held by the operator



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B is the fixed amount selected from Table B which corresponds to the applicable production range from Table B that contains the total bitumen volumes produced in the base year by the operator’s Class 4 oil sands projects

C is the variable rate selected from Table B which corresponds to the applicable production range from Table B that contains the total bitumen volumes produced in the base year by the operator’s Class 4 oil sands projects.

(7) An operator of one or more Class 5 approved oil sands projects shall pay an administration fee in respect of each project calculated in accordance with the following formula:

Fee for Class 5 project = [$10 000 + A +(B x C)] x 2.24

where

A is the fixed amount selected from Table B which corresponds to the applicable production range from Table B that contains the amount that is determined by dividing the difference between the maximum amount of bitumen volumes that may be produced by the project in the base year under the application or approval and the volumes that were actually produced by the age of the approval, the most recent amended approval or the most recent application for an amendment to the approval, calculated from the date of issuance to December 31 of the base year and rounded up to a full year (but if the bitumen volume produced exceed the maximum amount that may be produced, A is $2500)

B is the variable rate selected from Table B which corresponds to the applicable production range from Table B that contains the amount that is determined by dividing the difference between the maximum amount of bitumen volumes that may be produced in the base year under the application or approval and the volumes that were actually produced by the age of the approval, the most recent amended approval or the most recent application for an amendment to the approval, calculated from the date of issuance to December 31 of the base year and rounded up to a full year (but if the project did not produce any bitumen in the base year or if the bitumen volumes produced exceed the maximum amount that may be produced, B is 0)



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C is the amount determined by dividing the difference between the maximum amount of bitumen volumes that may be produced by the project in the base year under the application or approval and the volumes that were actually produced by the age of the approval, the most recent amended approval or the most recent application for an amendment to the approval, calculated from the date of issuance to December 31 of the base year and rounded up to a full year.

Table A

Production Range (m3)

Minimum Maximum Fixed amount $

Variable rate

0 4999 5000 0

5000 19 999 5000 0.5000 20 000 49 999 9000 0.3000 50 000 349 999 15 000 0.1800

350 000 2 499 999 50 000 0.0800 2 500 000 4 999 999 100 000 0.0600 5 000 000 9 999 999 200 000 0.0400

10 000 000 19 999 999 380 000 0.0220 20 000 000 29 999 999 570 000 0.0125 30 000 000 700 000 0.0100

Table B

Production Range (m3)

Minimum Maximum Fixed amount $

Variable rate

0 4999 2500 0

5000 19 999 2500 0.4000 20 000 49 999 6250 0.2125 50 000 349 999 10 000 0.1375

350 000 2 499 999 25 000 0.0946 2 500 000 4 999 999 65 000 0.0786 5 000 000 9 999 999 125 000 0.0666

10 000 000 19 999 999 200 000 0.0591 20 000 000 29 999 999 325 000 0.0529 30 000 000 500 000 0.0471



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16.081 For the 2004-2005 fiscal year of the Board, the annual adjustment factor of 0.805 must be applied to the administration fees for wells described in clauses (c) to (h) of section 16.070.


16.100 For the purpose of Part 10 of the Act, the prescribed date for the 2004-2005 fiscal year of the Board is March 31, 2005.

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Public Utilities Board Act

GENERAL ASSESSMENT ORDER FOR THE FISCAL YEAR 2004-2005


Made by the Alberta Energy and Utilities Board on June 14, 2004 pursuant to section 22 of the Public Utilities Board Act.

Assessments

1 The assessments for the purposes of section 22 of the Public Utilities Board Act for the fiscal year 2004-2005 are prescribed as set out in the Schedule.

Repeal

2 The General Assessment Order for the Fiscal Year 2003-2004 (AR 216/2003) is repealed.

Schedule

The following persons shall pay the following assessments in one lump sum on or before July 30, 2004:

ATCO Electric Ltd. $ 344 189 ATCO Gas and Pipelines Ltd. 2 533 633 AltaGas Utilities Inc. 164 782 EPCOR Energy Services (Alberta) Inc. 574 437 NOVA Gas Transmission Ltd. 1 226 814 FortisAlberta Inc. 486 146 Alberta Electric System Operator 1 616 000


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Insurance Act

AUTOMOBILE ACCIDENT INSURANCE BENEFITS AMENDMENT REGULATION


Made by the Lieutenant Governor in Council (O.C. 270/2004) on June 21, 2004 pursuant to section 629 of the Insurance Act.

1 The Automobile Accident Insurance Benefits Regulations (AR 352/72) are amended by this Regulation.

2 Sections 1 and 2 are amended by striking out “313” and substituting “629”.

3 The following is added after section 3:

4(1) The Superintendent may prescribe fees and disbursements or the maximum fees and disbursements to be paid for any service, supply, report or any other activity or function necessitated by, described in or referred to in this Regulation.

(2) The fees and disbursements or maximum fees and disbursements prescribed under subsection (1) must be published in The Alberta Gazette.

5 For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on September 30, 2011.

4 Schedule “A”, Section B - Accident Benefits is amended in the introductory words by striking out “to or”.

5 Schedule “A”, Section B - Accident Benefits, Subsection 1 - Medical Payments and Funeral Benefits is repealed and the following is substituted:

Subsection 1 - Medical Payments

(1) In respect of

(a) injuries to which the Diagnostic and Treatment Protocols Regulation applies and that are diagnosed and


AR 121/2004 INSURANCE

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treated in accordance with the protocols under that Regulation, the expenses payable for any service, diagnostic imaging, laboratory testing, specialized testing, supply, treatment, visit, therapy, assessment or making a report, or any other activity or function authorized under that Regulation, and payment must be made in the manner and subject to the provisions of that Regulation, notwithstanding anything to the contrary in Section B, and

(b) injuries

(i) to which the Diagnostic and Treatment Protocols Regulation applies but that are not diagnosed and treated in accordance with the protocols under that Regulation,

(ii) to which the Diagnostic and Treatment Protocols Regulation ceases to apply but for which the insured person wishes to make a claim under provision (3) of “Special Provisions, Definitions, and Exclusions of Section B”, and

(iii) to which Section B applies, other than those injuries referred to in subclauses (i) and (ii),

all reasonable expenses incurred within 2 years from the date of the accident as a result of those injuries for necessary medical, surgical, chiropractic, dental, hospital, psychological, physical therapy, occupational therapy, massage therapy, acupuncture, professional nursing and ambulance services and, in addition, for other services and supplies that are, in the opinion of the insured person’s attending physician and in the opinion of the Insurer’s medical advisor, essential for the treatment or rehabilitation of the injured person,

to the limit of $50 000 per person.

(2) Notwithstanding provision (1),

(a) expenses payable in respect of chiropractic services provided under provision (1)(b) are limited to $750 per person;

(b) expenses payable in respect of massage therapy services provided under provision (1)(b) are limited to $250;

(c) expenses payable in respect of acupuncture services provided under provision (1)(b) are limited to $250.



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(3) Subject to provision (4), the Insurer is not liable under this provision for those portions of expenses payable or recoverable under any medical, surgical, dental or hospitalization plan or law or, except for similar insurance provided under another automobile insurance contract, under any other insurance contract or certificate issued to or for the benefit of any insured person.

(4) Except for those portions of expenses payable or recoverable under any law, provision (3) does not apply to expenses payable or recoverable for an injury to which the Diagnostic and Treatment Protocols Regulation applies.

6 Schedule “A”, Section B - Accident Benefits, Subsection 2 - Death and Total Disability is amended

(a) in the heading to Subsection 2 by adding “, Grief Counselling, Funeral” after “Death”;

(b) in the heading to Part 1 - Death Benefits by adding “, Grief Counselling and Funeral” after “Death”;

(c) in Part 1 - Death, Grief Counselling and Funeral Benefits, by repealing provision A and substituting the following:

A Subject to the provisions of this Part 1, for death, a payment of a principal sum - based on the age and status at the date of the accident of the deceased in a household where the head of the household or the spouse/adult interdependent partner or dependants survive - of the following amount:

Age of Deceased at Date of Accident

Status of Deceased at Date of Accident

Head of Household

Spouse/Adult Interdependent

Partner

Dependent Relative

Up to age of 4 years - - $1000

5 to 9 years - - 2000

10 to 17 years $10 000 $10 000 3000

18 to 64 years 10 000 10 000 2000

65 to 69 years 10 000 10 000 2000

70 years and over 10 000 10 000 1000



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In addition, funeral service expenses up to the amount of $2000 in respect of the death of any one person.

In addition, grief counselling expenses up to the amount of $400 per family in respect of the death of any one person.

In addition, with respect to the death of the head of household,

(a) where there are 2 or more survivors who are

(i) a spouse/adult interdependent partner and one or more dependent relatives, or

(ii) 2 or more dependent relatives,

the principal sum payable is increased 20% for each survivor other than the first, and

(b) where there is a spouse/adult interdependent partner or dependent relative survivor living in the household, the death benefit is increased

(i) by $15 000 for the first spouse/adult interdependent partner or dependent relative survivor, and

(ii) by a subsequent $4000 for each of the remaining survivors.

(d) in Part 1 - Death, Grief Counselling and Funeral Benefits, under the heading “For the Purposes of this Part 1”

(i) in provision (2)

(A) in clause (a) by striking out “spouse” and substituting “spouse/adult interdependent partner”;

(B) by repealing clause (b) and substituting the following:

(b) 18 years of age or over and residing in the same dwelling premises as the head of household who, because of mental or physical infirmity, is principally dependent on the head of household or the spouse/adult interdependent partner of the head of household (or both the head of household and the spouse/adult interdependent partner) for financial support;



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(ii) by adding the following after provision (2):

(2.1) If the head of household has both a spouse and an adult interdependent partner, a reference to spouse/adult interdependent partner or surviving spouse/adult interdependent partner means

(a) the spouse or surviving spouse, or

(b) the adult interdependent partner or surviving adult interdependent partner

living in the same dwelling premises as the head of household.

(iii) in provisions (3), (4) and (5) by striking out “spouse” wherever it occurs and substituting “spouse/adult interdependent partner”;

(iv) by adding the following after provision (7):

(8) The amount payable under this Part for grief counselling is payable to the spouse/adult interdependent partner or other immediate family member of the deceased in respect of grief counselling for the immediate family members of an insured person who dies as a result of the accident.

(e) in Part II - Total Disability, under the heading “Amount of Weekly Benefit”

(i) in clause (b) of the description of the weekly benefit, by adding “occupation or” before “employment” and by striking out “or 2(B)”;

(ii) by striking out “clause (3)” and substituting “provision (3)”;

(iii) by repealing provision (1) and substituting the following:

(1) an insured person who is not engaged in an occupation or employment for wages or profit and is completely incapacitated and unable to perform any of his or her household duties shall, while so incapacitated, receive $100 per week for not more than 26 weeks;

(iv) by adding the following after provision (1):

(1.1) average gross weekly earnings is the greater of



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(a) average gross weekly earnings from an occupation or employment for the 4 weeks preceding the accident, and

(b) average gross weekly earnings from an occupation or employment for the 52 weeks preceding the accident;

(v) by repealing provision (3) and substituting the following:

(3) if the benefits for loss of time payable under this Part, together with benefits for loss of time under another contract, including a contract of group accident insurance and a life insurance contract providing disability insurance, exceed the average gross weekly earnings of the insured person, the weekly benefit shall be calculated in accordance with the following formula:

WB = 80% of WE x PB PB + OB

where

WB is the weekly benefit,

WE is the average gross weekly earnings of the insured person,

PB is the lesser of $300 and 80% of WE,

OB is the total of all other weekly benefits payable to the insured person under other contracts, including a contract of group accident insurance and a life insurance contract providing disability insurance, excluding benefits under the Employment Insurance Act (Canada) and the Canada Pension Plan (Canada);

7 Schedule “A”, Section B - Accident Benefits, Subsection 2(A) - Supplemented Benefits Respecting Accidents Occurring Outside Alberta in a No-fault Jurisdiction is amended in section 2A(1)(c)(ii)(A), (iv)(A) and (v)(A) by striking out “spouse” wherever it occurs and substituting “spouse/adult interdependent partner”.



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8 Schedule “A”, Section B - Accident Benefits is amended under the heading “Special Provisions, Definitions, and Exclusions of Section B”

(a) in provision (1)(b), (d), (e) and (f) by striking out “spouse” wherever it occurs and substituting “spouse/adult interdependent partner”;

(b) in provision (1)(b)(i) by striking out “spouses” and substituting “spouses/adult interdependent partners”;

(c) by adding the following after provision (1):

(1.1) “Prescribed claim form” Defined - In this section, the words “prescribed claim form” mean a form prescribed by the Minister under section 803 of the Insurance Act.

(1.2) “Spouse/adult interdependent partner” Defined - In this section, the words “spouse/adult interdependent partner” mean the spouse or adult interdependent partner, as the case may be.

(d) in provision (2)(a) by striking out “clause (I)” and substituting “provision (1)”;

(e) by repealing provision (3) and substituting the following:

(3) Notice and Proof of Claim - Subject to the Diagnostic and Treatment Protocols Regulation, the insured person or the insured person’s agent, or the person otherwise entitled to make a claim or that person’s agent, shall

(a) deliver personally,

(b) mail,

(c) fax, or

(d) send by e-mail if both parties have agreed to this method of sending and receiving notices and other documents,

a properly completed prescribed claim form, containing at least the information referred to in provision (3.1), to the chief agency or head office of the Insurer in Alberta within 30 days of the accident, or if giving notice within 30 days is not reasonable, as soon as practicable after that.

(3.1) Contents of Claim Form - The completed prescribed claim form must include



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(a) details of the injury, and

(b) details of the accident that are within the personal knowledge of the insured person.

(3.2) Responsibility for Expenses Related to Completion of Claim Form - The Insurer shall pay all expenses incurred by or on behalf of the insured person in completing the medical report portion of the prescribed claim form.

(3.3) Total Disability Claim - With respect to a total disability claim, the insured person shall, if so required by the Insurer, furnish a certificate from a duly qualified medical practitioner as to the cause and nature of the accident for which the claim is made and as to the duration of the disability caused thereby.

(f) in provision (4) by striking out “Medical Reports - The” and substituting “Medical Reports - Subject to provision (4.1), the”;

(g) by adding the following after provision (4):

(4.1) Exemption - The Insurer has no right and the claimant is under no obligation under provision (4) with respect to

(a) injuries to which the Diagnostic and Treatment Protocols Regulation applies during the period and with respect to any service, diagnostic imaging, laboratory testing, specialized testing, supply, treatment, visit, therapy, assessment, making a report or other activity or function authorized under that Regulation;

(b) subject to provision (4.2), any other injuries for which the following services are provided:

(i) chiropractic services;

(ii) massage therapy services;

(iii) acupuncture services;

(iv) the following services to the extent of the specified limit:

(A) psychological services, up to $600 per person;

(B) physical therapy services, up to $600 per person;



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(C) occupational therapy services, up to $600 per person.

(4.2) Non-application - Provision (4.1)(b) does not apply to those injuries to which the Diagnostic and Treatment Protocols Regulation ceases to apply.

(h) in provision (6)

(i) by repealing clause (a) and substituting the following:

(a) Except for the expenses authorized to be paid in accordance with the Diagnostic and Treatment Protocols Regulation, all amounts payable under Section B other than benefits under Part II of Subsection 2 shall be paid by the Insurer within 60 days after it has received a completed prescribed claim form. The initial benefits for loss of time under Part II of Subsection 2 shall be paid within 30 days after the Insurer has received the completed prescribed claim form, and payments shall be made thereafter within each 30-day period while the Insurer remains liable for payments if the insured person, whenever required to do so, furnishes, prior to payment, proof of continuing disability.

(ii) in clause (b) by striking out “3 and 4 hereof” and substituting “(3) and (4)”.

(i) by repealing provisions (7) and (8).

9 This Regulation comes into force on October 1, 2004.

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Insurance Act

DIAGNOSTIC AND TREATMENT PROTOCOLS REGULATION


Made by the Lieutenant Governor in Council (O.C. 271/2004) on June 21, 2004 pursuant to section 629 of the Insurance Act.



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Table of Contents

1 Definitions

Part 1 Application and Operation

2 Application of this Regulation 3 Authorization for additional services or supplies 4 Interpretative bulletins and information circulars 5 Prescribed fees

Part 2 Diagnosis and Treatment Protocols

Division 1 Diagnosis and Treatment Protocol for Strains

6 Protocols established 7 Developing the diagnosis 8 Treatment protocols 9 Diagnostic and treatment authorization

Division 2 Diagnosis and Treatment Protocol for Sprains

10 Protocols established 11 Developing the diagnosis 12 Treatment protocols 13 Diagnostic and treatment authorization

Division 3 Diagnostic and Treatment Protocol for WAD Injuries

14 Protocols established 15 Developing the diagnosis

Diagnostic Criteria and Treatment of WAD I Injuries

16 Diagnostic criteria: WAD I injuries 17 Treatment protocols: WAD I injuries 18 Diagnostic and treatment authorization

Diagnostic Criteria and Treatment of WAD II Injuries

19 Diagnostic criteria: WAD II injuries 20 Treatment protocols: WAD II injuries 21 Diagnostic and treatment authorization

Division 4 Treatment Limits and Referrals

22 Aggregate limits on visits



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23 Assessment of non-protocol injuries 24 Referral to injury management consultant 25 Injuries unresolved after 90 days

Part 3 Injury Management Consultants Register

26 Register established 27 Eligibility requirements 28 Ceasing to be an injury management consultant 29 Transitional

Part 4 Claims and Payment of Claims

30 Definitions 31 Priority of this Part 32 Claims 33 Decision by insurer 34 Failure of insurer to respond 35 Subsequent denial of liability 36 Making and paying claims 37 Sending notices 38 Multiple claims

Part 5 Review and Coming Into Force

39 Review 40 Coming into force

Definitions

1(1) In this Regulation,

(a) “client” means an insured person as defined in the Automobile Accident Insurance Benefits Regulations (AR 352/72);

(b) “evidence-based practice” means the conscientious, explicit and judicious use of current best practice in making decisions about the care of a client, integrating individual clinical expertise with the best available external clinical evidence from systematic research;

(c) “health care practitioner” means

(i) a physician,

(ii) a registered member as defined in the Chiropractic Profession Act, or



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(iii) a physical therapist as defined in the Physical Therapy Profession Act,

who is entitled to practise their profession in Alberta;

(d) “IMC register” means the register of injury management consultants established under section 26;

(e) “injury management consultant” means a health care practitioner who is entered on the IMC register in accordance with Part 3;

(f) “insurer” has the same meaning as it has in the Automobile Accident Insurance Benefits Regulations (AR 352/72);

(g) “International Classification of Diseases” means the most recent edition of the publication titled the International Statistical Classification of Diseases and Related Health Problems, Canada, published by the Canadian Institute of Health Information, based on a publication issued from time to time titled the International Statistical Classification of Diseases and Related Health Problems, published by the World Health Organization;

(h) “prescribed claim form” means the form established by the Minister under section 803 of the Insurance Act;

(i) “protocols” means the diagnostic and treatment protocols established by this Regulation;

(j) “sprain” means an injury to one or more of the tendons or ligaments, or to both;

(k) “strain” means an injury to one or more muscles;

(l) “Superintendent” means the Superintendent of Insurance appointed under the Insurance Act;

(m) “WAD injury” means a whiplash associated disorder other than one that exhibits one or both of the following:

(i) objective, demonstrable, definable and clinically relevant neurological signs;

(ii) a fracture to or a dislocation of the spine.

(2) For the purpose of section 629 of the Act, “assessment” includes diagnosis.



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Part 1 Application and Operation

Application of this Regulation 2 This Regulation applies only in cases where

(a) a client wishes to be diagnosed and treated in accordance with the protocols for a sprain, strain or WAD injury caused by an accident arising from the use or operation of an automobile, and

(b) a health care practitioner chooses to diagnose and treat the client’s sprain, strain or WAD injury in accordance with the protocols.

Authorization for additional services or supplies

3 Nothing in this Regulation prevents or limits a client or a health care practitioner from applying to an insurer for an authorization for a service or supply in addition to the limits specified by this Regulation, and the insurer may, in accordance with the Automobile Accident Insurance Benefits Regulations (AR 352/72), approve the additional service or supply.

Interpretative bulletins and information circulars

4 The Superintendent may issue interpretative bulletins and information circulars

(a) describing the anticipated roles and general expectations of those persons affected by or who have an interest in the implementation, application and administration of the protocols;

(b) respecting the administration, implementation and operation of the protocols;

(c) respecting any other matter the Superintendent considers appropriate.

Prescribed fees

5(1) The Superintendent may prescribe the fees and disbursements or the maximum fees and disbursements to be paid for any service, diagnostic imaging, laboratory testing, specialized testing, supply, treatment, visit, therapy, assessment or making a report under this Regulation, or any other activity or function necessitated by, described in or referred to in this Regulation.



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(2) The fees and disbursements or maximum fees and disbursements prescribed under subsection (1) must be published in The Alberta Gazette.

Part 2 Diagnosis and Treatment Protocols

Division 1 Diagnosis and Treatment

Protocol for Strains

Protocols established 6 Sections 7 to 9 are established as protocols for the diagnosis and treatment of strains.

Developing the diagnosis

7(1) With reference to the International Classification of Diseases and using evidence-based practice, a diagnosis of a strain is to be established by a health care practitioner using the following process:

(a) taking a history of the client, including

(i) how the injury occurred,

(ii) the current symptoms the client is experiencing,

(iii) the client=s relevant past history, including physical, psychological, emotional, cognitive and social history, and

(iv) how the client’s physical functions have been affected by the injury;

(b) examining the client, including

(i) a general examination,

(ii) a relevant regional examination, including

(A) an examination of the neurological system, and

(B) an examination of the musculoskeletal system,

and

(iii) assessing the pain associated with the injury;

(c) making an ancillary investigation, including, as required,



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(i) diagnostic imaging,

(ii) laboratory testing, and

(iii) specialized testing;

(d) identifying the muscle or muscle groups injured.

(2) If a strain is diagnosed, the diagnostic criteria to be used to determine the degree of severity of the strain are set out in the following table, extracted from Orthopaedic Physical Assessment by David J. Magee, (3rd), (1997), pg 19, with permission from Elsevier Inc.: 1st degree

strain 2nd degree strain

3rd degree strain

Definition of the degree of strain

Few fibres of muscle torn

About half of muscle fibres torn

All muscle fibres torn (rupture)

Mechanism of injury

Overstretch Overload

Overstretch Overload Crushing

Overstretch Overload Crushing

Onset Acute Acute Acute

Weakness Minor Moderate to major (reflex inhibition)

Moderate to major

Disability Minor Moderate Major

Muscle spasm

Minor Moderate to major

Major

Swelling Minor Moderate to major

Moderate to major

Loss of function


Major (reflex inhibition)

Pain on isometric contraction


None to minor

Pain on stretch

Yes Yes Not if it is the only tissue injured; however, other structures may suffer 1st degree or 2nd degree injuries and be painful

Joint play Normal Normal Normal

Palpable defect

No No Yes (if detected early)



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1st degree strain

2nd degree strain

3rd degree strain

Range of motion

Decreased Decreased May increase or decrease depending on swelling

Treatment protocols

8 A strain is to be treated by

(a) educating the client with respect to at least the following matters:

(i) the desirability of an early return to normal activities and to work, if applicable;

(ii) an estimate of the probable length of time that symptoms will last;

(b) managing inflammation and pain, as required,

(i) by the protected use of ice;

(ii) by elevating the injured area;

(iii) by compression;

(c) teaching the client about maintaining flexibility, balance, strength and the functions of the injured area;

(d) giving advice about self-care and the disadvantage of extended dependence on health care providers;

(e) subject to section 9(3), providing treatment that is appropriate and within the scope of practice of the person providing it under

(i) the Medical Profession Act,

(ii) the Chiropractic Profession Act, or

(iii) the Physical Therapy Profession Act,

as the case may be, and that is necessary, in the opinion of the health care practitioner, for the treatment or rehabilitation of the injury;

(f) any other adjunct therapy that, in the opinion of the health care practitioner, is necessary for the treatment or



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rehabilitation of the injury and that is linked to the continued clinical improvement of the client.

Diagnostic and treatment authorization

9(1) Within the practitioner’s scope of practice, a health care practitioner may authorize, for a 1st degree strain, a 2nd degree strain or a 3rd degree strain,

(a) one visit to a health care practitioner for an assessment of the injury, including the preparation of a treatment plan and prescribed claim form, if required, which is in addition to the visits that may be authorized under subsection (2);

(b) necessary diagnostic imaging, laboratory testing and specialized testing;

(c) necessary medication to manage the inflammation or pain, or both;

(d) acquisition of necessary supplies to assist in the treatment or rehabilitation of the injury.

(2) Subject to the limits described in section 22, within the practitioner’s scope of practice, a health care practitioner may authorize, for the treatment of a 1st degree strain or a 2nd degree strain, not more than a combined total of 10 medical, physical therapy, chiropractic and adjunct therapy visits to provide the treatment described in section 8.

(3) Under these protocols, a health care practitioner may not use a visit to treat a 1st degree strain or a 2nd degree strain by a deliberate, brief, fast thrust to move the joints of the spine beyond the normal range but within the anatomical range of motion, which generally results in an audible click or pop.

(4) Within the practitioner’s scope of practice, a health care practitioner may authorize, for a 3rd degree strain,

(a) necessary diagnostic imaging, laboratory testing and specialized testing;

(b) necessary medication;

(c) acquisition of necessary supplies to assist in the treatment or rehabilitation of the injury.

(5) Subject to the limits described in section 22, within the practitioner’s scope of practice, a health care practitioner may authorize, for the treatment of a 3rd degree strain, a combined total of



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21 medical, physical therapy, chiropractic and adjunct therapy visits to provide the treatment described in section 8, and in particular definitive care of specific muscles or muscle groups at specific anatomical sites, including, as required,

(a) immobilization,

(b) strengthening exercises,

(c) surgery, and

(d) if surgery is required, post-operative rehabilitation therapy.

Division 2 Diagnosis and Treatment

Protocol for Sprains

Protocols established 10 Sections 11 to 13 are established as protocols for the diagnosis and treatment of sprains.


11(1) With reference to the International Classification of Diseases and using evidence-based practice, a diagnosis of a sprain is to be established by a health care practitioner using the following process:




(iii) the client=s relevant past history, including physical, psychological, emotional, cognitive and social history, and

(iv) how the client’s physical functions have been affected by the injury;








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and






(d) identifying the tendons or ligaments, or both, that are involved and the specific anatomical site of the injury.

(2) If a sprain is diagnosed, the diagnostic criteria to be used to determine the degree of severity of the sprain are set out in the following table, extracted from Orthopaedic Physical Assessment by David J. Magee, (3rd), (1997), pg 19, with permission from Elsevier Inc.: 1st degree

sprain 2nd degree sprain

3rd degree sprain

Definition of the degree of sprain

Few fibres of ligament torn (partial tear, no instability or opening of the joint)

About half of ligament torn (partial tear with some instability indicated by partial opening of the joint on stress manoeuvres)

All fibres of ligament torn (complete tear with complete opening of the joint on stress manoeuvres)

Mechanism of injury




Onset Acute Acute Acute

Weakness Minor Minor to moderate

Minor to moderate

Disability Minor Moderate Moderate to major

Muscle spasm

Minor Minor Minor

Swelling Minor Moderate Moderate to major

Loss of function


Moderate to major (instability)

Pain on isometric contraction

None None None



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1st degree sprain

2nd degree sprain

3rd degree sprain

Pain on stretch

Yes Yes Not if it is the only tissue injured; however, other structures may suffer 1st degree or 2nd degree injuries and be painful

Joint play Normal Normal Normal to excessive

Palpable defect

No No Yes

Range of Motion

Decreased Decreased May increase or decrease depending on swelling Dislocation or subluxation possible

Treatment protocols

12 A sprain is to be treated by




(b) managing inflammation and pain, as required,

(i) by the protected use of ice;

(ii) by elevating the injured area;

(iii) by compression;

(c) teaching the client about maintaining flexibility, balance, strength and the functions of the injured area;

(d) giving advice about self-care and the disadvantage of extended dependence on health care providers;



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(e) subject to section 13(3), providing treatment that is appropriate and within the scope of practice of the person providing it under





(f) any other adjunct therapy that, in the opinion of the health care practitioner, is necessary for the treatment or rehabilitation of the injury and that is linked to the continued clinical improvement of the client.


13(1) Within the practitioner’s scope of practice, a health care practitioner may authorize, for a 1st degree sprain, a 2nd degree sprain or a 3rd degree sprain,





(2) Subject to the limits described in section 22, within the practitioner’s scope of practice, a health care practitioner may authorize, for the treatment of a 1st degree sprain or a 2nd degree, sprain not more than a combined total of 10 medical, physical therapy, chiropractic and adjunct therapy visits to provide the treatment described in section 12.

(3) Under these protocols, a health care practitioner may not use a visit to treat a 1st degree sprain or a 2nd degree sprain by a deliberate, brief, fast thrust to move the joints of the spine beyond the normal



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range but within the anatomical range of motion, which generally results in an audible click or pop.

(4) Within the practitioner’s scope of practice, a health care practitioner may authorize, for a 3rd degree sprain,

(a) necessary diagnostic imaging, laboratory testing and specialized testing;

(b) necessary medication;

(c) acquisition of necessary supplies to assist in the treatment or rehabilitation of the injury.

(5) Subject to the limits described in section 22, within the practitioner’s scope of practice, a health care practitioner may authorize, for the treatment of a 3rd degree sprain, a combined total of 21 medical, physical therapy, chiropractic and adjunct therapy visits to provide the treatment described in section 12, and in particular definitive care of specific tendons or ligaments at specific anatomical sites, including, as required,

(a) immobilization,

(b) strengthening exercises,

(c) surgery, and

(d) if surgery is required, post-operative rehabilitation therapy.

Division 3 Diagnostic and Treatment Protocol

for WAD Injuries

Protocols established 14 Sections 15 to 21 are established as protocols for the diagnosis and treatment of WAD injuries.


15 With reference to the Scientific Monograph of the Quebec Task Force on Whiplash Associated Disorders: Redefining “Whiplash” and Its Management, published by Hagerstown, MD: J.B. Lippincott Company, 1995, and using evidence-based practice, a diagnosis of a WAD injury is to be established by a health care practitioner using the following process:





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(iii) the client’s relevant past history, including physical, psychological, emotional, cognitive and social history,

(iv) inquiry into alerting factors that may influence prognosis, and

(v) how the client’s physical functions have been affected by the injury;






and






(d) identifying the anatomical sites.

Diagnostic Criteria and Treatment of WAD I Injuries

Diagnostic criteria: WAD I injuries 16(1) If a WAD injury is diagnosed, the criteria to be used to diagnose a WAD I injury are

(a) complaints of spinal pain, stiffness or tenderness;

(b) no demonstrable, definable and clinically relevant physical signs of injury;

(c) no objective, demonstrable, definable and clinically relevant neurological signs of injury;

(d) no fractures to or dislocation of the spine.



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(2) If a WAD I injury is diagnosed, no further investigation of the injury is warranted, unless there is cause to do so.

Treatment protocols: WAD I injuries

17 A WAD I injury is to be treated, as required, by




(iii) reassurance that there is likely no serious currently detectable underlying cause of the pain;

(iv) the importance of postural and body mechanics control;

(v) that the use of a soft collar is not advised;

(vi) the probable factors that are responsible for other symptoms the client may be experiencing that are temporary in nature and that are not reflective of tissue damage, including

(A) disturbance of balance,

(B) disturbance or loss of hearing,

(C) limb pain or numbness,

(D) cognitive dysfunction, and

(E) jaw pain;

(b) giving advice about self-care and the disadvantage of extended dependence on health care providers;

(c) prescribing medication, including the appropriate use of analgesics, which may include short-term use of non-opoid analgesics or non-steroidal anti-inflammatory drugs, but muscle relaxants and narcotics are not authorized under these protocols for treatment of WAD I injuries;

(d) in the case of treatment of an injury,

(i) pain management, as required;



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(ii) injury specific exercises;

(iii) early return to normal activities;

(iv) a home exercise program to improve range of motion;

(v) thermal therapy by the client;

(vi) preparing the client for a return to work, if appropriate;

(e) providing treatment that is appropriate and within the scope of practice of the person providing it under







18(1) Within the practitioner’s scope of practice, a health care practitioner may authorize, for a WAD I injury,





(2) Subject to the limits described in section 22, within the practitioner’s scope of practice, a health care practitioner may authorize, for the treatment of a WAD I injury, not more than a



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combined total of 10 medical, physical therapy, chiropractic and adjunct therapy visits to provide the treatment described in section 17.

Diagnostic Criteria and Treatment of WAD II Injuries

Diagnostic criteria: WAD II injuries 19(1) If a WAD injury is diagnosed, the criteria to be used to diagnose a WAD II injury are

(a) complaints of spinal pain, stiffness or tenderness;

(b) demonstrable, definable and clinically relevant physical signs of injury, including

(i) musculoskeletal signs of decreased range of motion of the spine, and

(ii) point tenderness of spinal structures affected by the injury;

(c) no objective, demonstrable, definable and clinically relevant neurological signs of injury;

(d) no fracture to or dislocation of the spine.

(2) An investigation to determine a WAD II injury and to rule out a more severe whiplash injury may include

(a) for cervical spine injuries, radiographic series in accordance with The Canadian C-Spine Rule for Radiography in Alert and Stable Trauma Patients, published in the Journal of the American Medical Association, October 17, 2001 – Volume 286, No. 15;

(b) for thoracic, lumbar and lumbosacral spine injuries, radiographic series appropriate to the region of the spine that is injured, if the client has one or more of the following characteristics:

(i) an indication of bone injury;

(ii) an indication of significant degenerative changes or instability;

(iii) an indication of rheumatoid arthritis;

(iv) an indication of osteoporosis;

(v) a history of cancer.



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(3) The use of magnetic resonance imaging or computerized tomography is not authorized under these protocols, unless 3 plain view films are equivocal.

Treatment protocols: WAD II injuries

20 A WAD II injury is to be treated, as required, by




(iii) reassurance that there is likely no serious currently detectable underlying cause of the pain;

(iv) the importance of postural and body mechanics control;

(v) that the use of a soft collar is not advised;

(vi) the probable factors that are responsible for other symptoms the client may be experiencing that are temporary in nature and that are not reflective of tissue damage, including

(A) disturbance of balance,

(B) disturbance or loss of hearing,

(C) limb pain or numbness,

(D) cognitive dysfunction, and

(E) jaw pain;

(b) giving advice about self-care and the disadvantage of extended dependence on health care providers;

(c) prescribing medication, including the appropriate use of analgesics, which may include short-term use of non-opoid analgesics or non-steroidal anti-inflammatory drugs, but muscle relaxants and narcotics are not authorized under these protocols for treatment of WAD II injuries;

(d) in the case of treatment of an injury,

(i) pain management, as required;



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(ii) injury specific exercises;

(iii) early return to normal activities;

(iv) a home exercise program to improve range of motion;

(v) initiation of manipulation, manual therapy or mobilization, or any 2 or more of them, to improve function, if appropriate;

(vi) preparing the client for a return to work, if appropriate;

(e) providing treatment that is appropriate and within the scope of practice of the person providing it under







21(1) Within the practitioner’s scope of practice, a health care practitioner may authorize, for a WAD II injury,





(2) Subject to the limits described in section 22, within the practitioner’s scope of practice, a health care practitioner may



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authorize, for the treatment of a WAD II injury, not more than a combined total of 21 medical, physical therapy, chiropractic and adjunct therapy visits to provide the treatment described in section 20.

Division 4 Treatment Limits and Referrals

Aggregate limits on visits 22(1) Except as otherwise specifically provided in this Regulation, if a client is diagnosed and treated under these protocols for 2 or more injuries,

(a) only one visit for an assessment of the injuries by a health care practitioner is authorized by these protocols;

(b) if the injuries are diagnosed as a 1st degree strain, 2nd degree strain, 1st degree sprain or 2nd degree sprain, the cumulative total of visits for the 2 or more injuries that may be authorized under the protocols, without the approval of the insurer, may not exceed 10;

(c) if 2 or more of the injuries described in clause (b) and one or more of

(i) a 3rd degree strain for which treatment is authorized,

(ii) a 3rd degree sprain for which treatment is authorized, or

(iii) a WAD II injury

are diagnosed, the cumulative total of visits for the 2 or more injuries that may be authorized under the protocols, without the approval of the insurer, may not exceed 21;

(d) if 2 or more of

(i) a 3rd degree strain,

(ii) a 3rd degree sprain, or

(iii) a WAD II injury

are diagnosed, the cumulative total of visits for the 2 or more injuries that may be authorized under these protocols, without the approval of the insurer, may not exceed 21.

(2) Despite anything in this Regulation,

(a) an authorization by a health care practitioner for anything permitted by these protocols must be in writing and issued



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within 90 days of the date of the accident in which the client was injured,

(b) an authorization under these protocols expires 90 days after the date of the accident in which the client was injured, unless the authorization is approved by an insurer for use after the 90 days, and

(c) an authorization may be issued in respect of the person who issues the authorization.

Assessment of non-protocol injuries

23 If, after an assessment, a physical therapist as defined in the Physical Therapy Act or a registered member as defined in the Chiropractic Profession Act diagnoses an injury as one to which these protocols do not apply, these protocols authorize a claim under Part 3 for the assessment.

Referral to injury management consultant

24(1) A health care practitioner may authorize a visit by a client to an injury management consultant if the health care practitioner

(a) is uncertain about an injury to which the protocols apply or the diagnosis or treatment of it;

(b) believes that the injury

(i) is not resolving appropriately, or

(ii) is not resolving within the time expected and the practitioner requires another opinion or report.

(2) If a client is diagnosed with a WAD I or WAD II injury and the client has any alerting factor that may influence prognosis, the health care practitioner must seek to reassess the client within 21 days of the accident and, if the injury is not resolving, authorize a visit by the client to an injury management consultant for an assessment and report.

(3) The visit and the cost and expenses related to an assessment and report by an injury management consultant under subsection (2) are authorized to be claimed under Part 3 and are in addition to the aggregate limit on visits referred to in section 22.

(4) Except for the visit, assessment and report described in this section, no further visit, assessment or report by an injury management consultant in respect of the same injury is authorized by these protocols, unless the insurer approves of it.



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Injuries unresolved after 90 days

25(1) Subject to subsection (3), if after 90 days from the date of the accident an injury has not resolved or is not satisfactorily resolving, the health care practitioner may refer the client to an injury management consultant.

(2) The injury management consultant may

(a) provide advice and a report about the diagnosis or treatment of the client, or

(b) recommend a further assessment or a multi-disciplinary assessment of the injury or an aspect of the injury and the persons who should be included in that assessment.

(3) No examination, further assessment, multi-disciplinary assessment or any report referred to in subsection (2), and no visit or treatment as a result, is authorized by these protocols, unless the insurer approves it.

Part 3 Injury Management

Consultants Register

Register established 26(1) The Superintendent must establish, maintain and administer a register of injury management consultants.

(2) The Superintendent must ensure that the IMC register is published in a form and manner so that the register is accessible to the public.

Eligibility requirements

27(1) A health care practitioner is an injury management consultant under this Regulation if, in accordance with this Part,

(a) the council of the College of Physicians and Surgeons of the Province of Alberta notifies the Superintendent that a physician meets the requirements set out in subsection (2) and the Superintendent enters the name of that person on the IMC register;

(b) the Council of the College of Chiropractors of Alberta notifies the Superintendent that a registered member as defined in the Chiropractic Profession Act meets the requirements set out in subsection (2) and the Superintendent enters the name of that person on the IMC register;

(c) the Council of the College of Physical Therapists of Alberta notifies the Superintendent that a physical therapist as



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defined in the Physical Therapy Profession Act meets the requirements set out in subsection (2) and the Superintendent enters the name of that person on the IMC register.

(2) A person is eligible to be an injury management consultant if the person

(a) is an active practising member of that person’s profession,

(b) has demonstrated to the satisfaction of the council of that person’s profession that he or she

(i) is knowledgeable with respect to the biopsychosocial model,

(ii) is knowledgeable with respect to assessing acute and chronic pain,

(iii) is experienced in rehabilitation and disability management, and

(iv) uses evidence-based decision-making in his or her practice,

and

(c) meets any additional qualifications established by the Superintendent and approved by the councils of the colleges concerned.

Ceasing to be an injury management consultant

28 A person ceases to be an injury management consultant if

(a) the council of the profession concerned notifies the Superintendent that the person’s name is to be removed from the IMC register, and

(b) the Superintendent removes the person’s name from the IMC register.

Transitional

29(1) Notwithstanding section 27, the Superintendent may enter on the IMC register the name of a physician, a registered member as defined in the Chiropractic Profession Act or a physical therapist as defined in the Physical Therapy Profession Act when the respective council of the profession concerned notifies the Superintendent that the person



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(a) is an active practising member of the profession, and

(b) in the opinion of the council, is able to perform the functions of an injury management consultant.

(2) A person whose name is entered on the IMC register under subsection (1) ceases to be an injury management consultant

(a) on the date the practising member becomes an injury management consultant under section 27,

(b) 2 years from the date this section comes into force or such later date as the Superintendent determines, or

(c) on the date the member ceases to be an injury management consultant under section 28,

whichever occurs first.

Part 4 Claims and Payment of Claims

Definitions 30 In this Part,

(a) “applicant” means a client or health care practitioner who sends a completed prescribed claim form to the insurer under section 32;

(b) “business days” means any day other than a Saturday, Sunday or other holiday as defined in section 28(1)(x) of the Interpretation Act;

(c) “prescribed claim form” means the form established by the Minister under section 803 of the Insurance Act.

Priority of this Part

31 If there is any inconsistency or conflict between this Part and Section B - Accident Benefits under the Automobile Accident Insurance Benefits Regulations (AR 352/72), this Part prevails.

Claims

32 A client or health care practitioner who wishes to make a claim under this Part must send to the insurer a completed prescribed claim form, which must include

(a) details of the injury, and



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(b) details of the accident that are within the personal knowledge of the client,

within 10 business days of the date of an accident or, if that is not reasonable, as soon as practicable after that.

Decision by insurer

33(1) An insurer, within 5 business days of receiving a completed prescribed claim form, must send to the applicant a decision notice

(a) approving the claim, or

(b) refusing the claim.

(2) A claim may only be refused by the insurer giving reasons for refusing the claim, but those reasons are limited to the following:

(a) the person who suffered the injury is not an insured person under the Automobile Accident Insurance Benefits Regulations (AR 352/72);

(b) the insurer is not liable to pay as a result of an exclusion contained in the Special Provisions, Definitions and Exclusions of Section B under the Automobile Accident Insurance Benefits Regulations (AR 352/72);

(c) there is no contract of insurance in existence that applies with respect to the person who suffered the injury;

(d) the injury was not caused as a result of an accident arising out of the use or operation of an automobile.

Failure of insurer to respond

34 If an insurer does not send a decision notice back to the applicant within 5 business days of receipt of the applicant’s completed prescribed claim form, the insurer

(a) is deemed to have approved the claim, and

(b) is liable to pay the claim under section 36, unless the claim is denied under section 35.

Subsequent denial of liability

35(1) If an insurer

(a) approves a claim, or



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(b) is deemed to have approved a claim

under this Part, the insurer may subsequently deny liability in accordance with subsection (2).

(2) Liability may only be denied if an insurer sends notice in writing to the client and every person whom, under the prescribed claim form, the insurer is notified the client is authorized to visit, or who is authorized to provide services or supplies to the client, giving reasons why liability is denied, but those reasons are limited to the following:

(a) the person who suffered the injury is not an insured person under the Automobile Accident Insurance Benefits Regulations;

(b) the insurer is not liable to pay as a result of an exclusion contained in the Special Provisions, Definitions and Exclusions of Section B under the Automobile Accident Insurance Benefits Regulations;

(c) there is no contract of insurance in existence that applies with respect to the person who suffered the injury;

(d) the injury was not caused as a result of an accident arising out of the use or operation of an automobile.

(3) A valid notice of denial under subsection (2) takes effect on the date it is received by the person to whom it is sent and, after receipt of the notice of denial by the client, the insurer is not liable, under section 36, to pay any future claim by a person under this Part.

Making and paying claims

36(1) Where anything is authorized under this Regulation, the authorization may be the subject of a claim under subsection (2).

(2) The insurer must pay a claim that is authorized by this Regulation or is authorized by a health care practitioner or injury management consultant under this Regulation, that,

(a) in the case of an invoice by a health care practitioner, injury management consultant or provider of an adjunct therapy, is also verified by the client concerned, or

(b) in the case of a claim by the client, a receipt for the benefit is provided, together with satisfactory evidence that the claim is authorized by this Regulation or is authorized by a health care practitioner under this Regulation.



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Sending notices

37 Where this Part requires or permits a notice to be sent to a person, it may be

(a) delivered personally,

(b) mailed,

(c) faxed, or

(d) transmitted by e-mail if both parties have agreed to this method of sending and receiving notices.

Multiple claims

38 If a person has a claim under these protocols and a claim for other benefits under provisions of Section B of the Automobile Accident Insurance Benefits Regulations (AR 352/72), the claimant must comply with this Regulation and the provisions of Section B, according to the claim or claims made.

Part 5 Review and Coming into Force

Review 39 This Regulation must be reviewed

(a) not less than every 2 years from the date this Regulation comes into force, and

(b) whenever

(i) the council of the College of Physicians and Surgeons of the Province of Alberta,

(ii) the Council of the College of Chiropractors of Alberta, or

(iii) the Council of the College of Physical Therapists of Alberta

provides written notice to the Superintendent that the protocols should be reviewed.

Coming into Force



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Insurance Act

MINOR INJURY REGULATION


Made by the Lieutenant Governor in Council (O.C. 272/2004) on June 21, 2004 pursuant to section 650.1 of the Insurance Act.

Table of Contents

1 Definitions

Part 1 Assessment of Injuries and Determination of Minor Injury

2 Injuries must be assessed separately 3 Injury must be primary contributing factor 4 Determination of minor injury 5 Protocols not followed

Part 2 Damages Recoverable for Non-pecuniary Loss

6 Damages recoverable for non-pecuniary loss for minor injuries 7 Damages recoverable for non-pecuniary loss for minor

and non-minor injuries

Part 3 Certified Examiner

Division 1 Assessment by Certified Examiner

8 Disagreement as to whether injury is or is not a minor injury 9 Scheduling of assessment 10 Assessment by certified examiner 11 Opinion of certified examiner 12 Prima facie evidence 13 Cost of assessment and opinion 14 Manner of giving notice

Division 2 Certified Examiners Register

15 Register established 16 Eligibility requirements 17 Ceasing to be a certified examiner 18 Transitional



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Part 4 Expiry and Coming into Force

19 Expiry 20 Coming into force

Definitions

1 For the purpose of section 650.1 of the Act and this Regulation,

(a) “accident” means an accident arising from the use or operation of an automobile;

(b) “Act” means the Insurance Act;

(c) “certified examiner” means a physician who is entered in the certified examiners register in accordance with Division 2 of Part 3;

(d) “certified examiners register” means the register of certified examiners established under section 15;

(e) “claimant” means a person injured as a result of an accident;

(f) “council” means the council of the College of Physicians and Surgeons of the Province of Alberta;

(g) “defendant” means a person against whom an accident claim is made or may be made and includes, without limitation,

(i) that person’s insurer,

(ii) any insurer made a third party to the claim by the Court under section 635(14) of the Act, and

(iii) the Administrator of the Motor Vehicle Accident Claims Act when the Administrator is added as a party to an action in respect of the claim by order under section 4(5) of that Act;

(h) “minor injury”, in respect of an accident, means

(i) a sprain,

(ii) a strain, or

(iii) a WAD injury

caused by that accident that does not result in a serious impairment;



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(i) “prescribed” means established by the Minister under section 803 of the Act;

(j) “serious impairment”, in respect of a claimant, means an impairment of a physical or cognitive function

(i) that results in a substantial inability to perform the

(A) essential tasks of the claimant’s regular employment, occupation or profession, despite reasonable efforts to accommodate the claimant’s impairment and the claimant’s reasonable efforts to use the accommodation to allow the claimant to continue the claimant’s employment, occupation or profession,

(B) essential tasks of the claimant’s training or education in a program or course that the claimant was enrolled in or had been accepted for enrolment in at the time of the accident, despite reasonable efforts to accommodate the claimant’s impairment and the claimant’s reasonable efforts to use the accommodation to allow the claimant to continue the claimant’s training or education, or

(C) normal activities of the claimant’s daily living,

(ii) that has been ongoing since the accident, and

(iii) that is expected not to improve substantially;

(k) “sprain” means an injury to one or more tendons or ligaments, or to both;

(l) “strain” means an injury to one or more muscles;

(m) “Superintendent” means the Superintendent of Insurance appointed under the Act;

(n) “WAD injury” means a whiplash-associated disorder other than one that exhibits one or both of the following:

(i) objective, demonstrable, definable and clinically relevant neurological signs;

(ii) a fracture to or a dislocation of the spine.



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Part 1 Assessment of Injuries and

Determination of Minor Injury

Injuries must be assessed separately 2 If a claimant sustains more than one injury as a result of an accident, each injury must be assessed separately to determine whether the injury is or is not a minor injury.

Injury must be primary contributing factor

3 For a sprain, strain or WAD injury to be considered to have resulted in a serious impairment, the sprain, strain or WAD injury must be the primary factor contributing to the impairment.

Determination of minor injury

4(1) The determination as to whether an injury sustained by a claimant as a result of an accident is or is not a minor injury must be based on

(a) a determination as to whether the injury is a sprain, strain or WAD injury, and

(b) if the injury is determined to be a sprain, strain or WAD injury, a determination as to whether the sprain, strain or WAD injury results in a serious impairment.

(2) For the purpose of subsection (1)(a), the determination as to whether an injury is a sprain, strain or WAD injury must be based on an individual assessment of the claimant in accordance with the diagnostic protocols established under the Diagnostic and Treatment Protocols Regulation.

(3) For the purpose of subsection (1)(b), the determination as to whether a sprain, strain or WAD injury results in a serious impairment must take into account

(a) the claimant’s pre-existing medical history, and

(b) the matters referred to in section 1(j)(i) that relate to the claimant.

Protocols not followed

5(1) If

(a) a claimant sustains a sprain, strain or WAD injury as a result of an accident,



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(b) the claimant is, without reasonable excuse, not diagnosed and treated in accordance with the diagnostic and treatment protocols established under the Diagnostic and Treatment Protocols Regulation, and

(c) the sprain, strain or WAD injury results in a serious impairment,

the sprain, strain or WAD injury shall be considered to be a minor injury unless the claimant establishes that the sprain, strain or WAD injury would have resulted in a serious impairment even if the claimant had been diagnosed and treated in accordance with the protocols referred to in clause (b).

(2) Subsection (1) does not apply to a claimant who is a person described in provision (2) of the Special Provisions, Definitions and Exclusions of Section B under the Automobile Accident Insurance Benefits Regulations (AR 352/72).

Part 2 Damages Recoverable for

Non-pecuniary Loss

Damages recoverable for non-pecuniary loss for minor injuries 6 Subject to section 7(2)(a), for the purpose of section 650.1(2) of the Act, the total amount recoverable as damages for non-pecuniary loss for all minor injuries sustained by a claimant as a result of an accident shall not exceed $4000.

Damages recoverable for non-pecuniary loss for minor and non-minor injuries

7(1) In this section, “non-minor injury” means an injury other than a minor injury.

(2) If a claimant sustains one or more minor injuries and one or more non-minor injuries as a result of an accident, the assessment of damages for non-pecuniary loss for all injuries sustained by the claimant is subject to the following rules:

(a) if the non-minor injury or injuries, when assessed separately from the minor injury or injuries, would result in an award for non-pecuniary loss of not more than $4000, the total amount recoverable as damages for non-pecuniary loss for all injuries sustained by the claimant shall not exceed $4000;

(b) if the non-minor injury or injuries, when assessed separately from the minor injury or injuries, would result in an award for non-pecuniary loss of more than $4000, the total amount



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recoverable as damages for non-pecuniary loss for all injuries sustained by the claimant shall be calculated as the total of

(i) the amount of damages assessed for non-pecuniary loss for the non-minor injury or injuries, and

(ii) subject to section 6, the amount of damages assessed for non-pecuniary loss for the minor injury or injuries.

Part 3 Certified Examiner

Division 1 Assessment by Certified Examiner

Disagreement as to whether injury is or is not a minor injury 8(1) If a claimant and a defendant disagree as to whether an injury sustained by the claimant as a result of an accident is or is not a minor injury, either party may give notice to the other party in the prescribed form

(a) stating that the party giving notice desires to have a certified examiner assess the claimant for the purpose of giving an opinion as to whether the injury is or is not a minor injury, and

(b) specifying the name of the proposed certified examiner.

(2) If, on receipt of a notice under subsection (1), the other party

(a) accepts the certified examiner proposed under subsection (1)(b), that party must, within 14 days, so notify the party giving notice under subsection (1), or

(b) does not accept the certified examiner proposed under subsection (1)(b), that party must, within 14 days, so notify the party giving notice under subsection (1) and provide the name of a certified examiner that the party is willing to accept.

(3) If a party fails to provide notice under subsection (2), that party is considered to have accepted the certified examiner proposed under subsection (1)(b).

(4) If the parties cannot agree on a certified examiner to assess the claimant, either party may apply to the Superintendent in the prescribed form to select a certified examiner to assess the claimant.



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(5) The Superintendent must, within 5 business days after receiving an application under subsection (4), select a certified examiner from the certified examiners register.

(6) The Superintendent may not select a certified examiner who was proposed by either party under this section.

(7) Notwithstanding anything in this section,

(a) neither the claimant nor the defendant may give notice under subsection (1) until at least 90 days have passed since the accident;

(b) only one assessment of the claimant in respect of the accident may be carried out under this section;

(c) a certified examiner is not eligible to assess a claimant under this section if the certified examiner

(i) has diagnosed or treated the claimant, or

(ii) has been consulted with respect to the diagnosis or treatment of the claimant

in respect of any injury arising from the accident.

Scheduling of assessment

9(1) The certified examiner must make reasonable efforts to schedule the assessment of the claimant for a time that is convenient for the claimant and that is within 30 days of the referral to the certified examiner.

(2) For the purpose of subsection (1), the certified examiner must give notice in writing to the claimant of the date, time and location of the assessment.

Assessment by certified examiner

10(1) For the purpose of giving an opinion as to whether the claimant’s injury is or is not a minor injury, the certified examiner must assess the claimant to determine in accordance with section 4

(a) whether the claimant’s injury is a sprain, strain or WAD injury, and

(b) if the claimant’s injury is determined to be a sprain, strain or WAD injury, whether the sprain, strain or WAD injury results in a serious impairment.



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(2) For the purpose of conducting an assessment of the claimant, the certified examiner may

(a) request the claimant to authorize in writing the release of any relevant diagnostic, treatment or care information in respect of the claimant that is in the possession of a physician or other person, including a regional health authority, and

(b) receive from the claimant or the defendant any information that either party considers relevant to the assessment.

(3) If the claimant, without reasonable excuse,

(a) fails to attend an assessment for which notice has been given under section 9 or 11(3),

(b) refuses to answer any relevant questions of the certified examiner about

(i) the claimant’s medical condition or medical history, or

(ii) matters referred to in section 1(j)(i) that relate to the claimant,

(c) fails to authorize the release of any relevant diagnostic, treatment or care information in respect of the claimant pursuant to subsection (2)(a), or

(d) in any other way obstructs the certified examiner’s assessment,

the claimant’s injury shall be considered to be a minor injury.

Opinion of certified examiner

11(1) The certified examiner must, within 30 days of the certified examiner’s assessment of the claimant, prepare an opinion in the prescribed form as to whether the claimant’s injury is or is not a minor injury and provide a copy of that opinion to each party.

(2) Notwithstanding subsection (1), if the certified examiner is not able to provide an opinion under subsection (1) without further assessing the claimant, the certified examiner may, on written notice to the parties, require the claimant to attend a further assessment, in which case the certified examiner must provide an opinion under subsection (1) within 30 days of that further assessment.

(3) A notice under subsection (2) must contain

(a) the reason for the further assessment of the claimant, and



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(b) the date, time and location of the further assessment.

(4) A further assessment of the claimant under subsection (2) must be completed within 6 months of the first assessment of the claimant.

Prima facie evidence

12 The opinion of the certified examiner is prima facie evidence that the claimant’s injury is or is not a minor injury, as the case may be.

Cost of assessment and opinion

13(1) An assessment conducted and opinion provided by a certified examiner under this Division are to be at the expense of the party requesting the assessment and opinion.

(2) The Superintendent may establish specific fees and disbursements or the maximum fees and disbursements that a certified examiner may charge for conducting an assessment and providing an opinion under this Division.

(3) The fees and disbursements or maximum fees and disbursements established under subsection (2) must be published in The Alberta Gazette.

Manner of giving notice

14 Where this Division requires or permits a notice or other document to be given to a person, it may be given

(a) by sending it to that person by mail to the last known address of that person,

(b) by personal service, or

(c) by means of a facsimile or an e-mail if both parties have agreed to either of those methods of sending and receiving notices or other documents.

Division 2 Certified Examiners Register

Register established 15(1) The Superintendent must establish, maintain and administer a register of certified examiners.

(2) The Superintendent must ensure that the certified examiners register is published in a form and manner so that the register is accessible to the public.



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Eligibility requirements

16(1) A physician is a certified examiner under this Regulation if, in accordance with this Division,

(a) the council notifies the Superintendent that the physician meets the requirements set out in subsection (2), and

(b) the Superintendent enters the physician’s name on the certified examiners register.

(2) A physician is eligible to be a certified examiner if the physician

(a) is an active practising member under the Medical Profession Act,

(b) has successfully completed an examination approved by the council for admission as a certified examiner,

(c) has demonstrated to the satisfaction of the council that the physician

(i) is knowledgeable with respect to the biopsychosocial model,

(ii) is knowledgeable with respect to assessing acute and chronic pain,

(iii) is knowledgeable in the application of the International Classification of Diseases,

(iv) is experienced in rehabilitation and disability management,

(v) is competent in conducting independent assessments and providing third party opinions, and

(vi) uses evidence-based decision-making in the physician’s practice,

and

(d) meets any additional qualifications established by the Superintendent and approved by the council.

(3) For the purpose of subsection (2)(iii), “International Classification of Diseases” means the most recent edition of the publication titled the International Statistical Classification of Diseases and Related Health Problems, Canada, published by the Canadian Institute of Health Information, based on a publication issued from time to time titled the



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International Statistical Classification of Diseases and Related Health Problems, published by the World Health Organization.

Ceasing to be a certified examiner

17 A physician ceases to be a certified examiner if

(a) the council notifies the Superintendent that the physician’s name is to be removed from the certified examiners register, and

(b) the Superintendent removes the physician’s name from the certified examiners register.

Transitional

18(1) Notwithstanding section 16, the Superintendent may enter the name of a physician on the certified examiners register when the council notifies the Superintendent that the physician

(a) is an active practising member under the Medical Profession Act, and

(b) in the opinion of the council is able to perform the functions of a certified examiner.

(2) A physician whose name is entered on the certified examiners register under subsection (1) ceases to be a certified examiner

(a) on the date the physician becomes a certified examiner under section 16(1),

(b) 2 years from the date this section comes into force or such later date as the Superintendent determines, or

(c) on the date the physician ceases to be a certified examiner under section 17,

whichever occurs first.

Part 4 Expiry and Coming into Force

Expiry 19 For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on September 30, 2011.



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Coming into force


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


Insurance Act

AUTOMOBILE INSURANCE PREMIUMS REGULATION


Made by the Lieutenant Governor in Council (O.C. 273/2004) on June 21, 2004 pursuant to sections 656, 657, 660.2, 661.1, 661.3, 661.4 and 790 of the Insurance Act.

Table of Contents

1 Definitions

Part 1 Refunds, Premiums for Basic Coverage and Adjustments

2 Refunds of premiums for basic coverage 3 Maximum premium for basic coverage 4 Industry-wide adjustments 5 Offsetting adjustments to rating variables 6 Review of insurer rating program 7 Equalization of rate differentials 8 Setting of premiums

Part 2 Additional Coverage, New Insurers and Information Requirements

9 Filing of additional coverage 10 New insurers 11 Information required 12 Use of prescribed forms

Part 3 Complaint Resolution

13 Definitions 14 Complaint to insurer 15 Complaint to General Insurance OmbudService 16 Application for arbitration 17 Referral to arbitration 18 Automobile Insurance Dispute Resolution Committee



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Part 4 Transitional Provisions, Amendments, Review and Coming into Force

19 Application of former Act 20 Transitional 21 Freeze order amended 22 Enforcement and Administration Regulation 23 Review 24 Coming into force

Schedules

Definitions 1 In this Regulation,

(a) “Act” means the Insurance Act;

(b) “additional coverage” has the same meaning as it has in section 652(a) of the Act;

(c) “adjust” and “adjustment” mean increase or decrease;

(d) “application for basic coverage” includes an application for renewal of basic coverage;

(e) “base premium” means the premium determined under Schedule 3 for basic coverage for 12 months, or if for a period of less than 12 months, an amount prorated accordingly;

(f) “basic coverage” means insurance provided for under sections 627 and 629 of the Act;

(g) “Board” means the Automobile Insurance Rate Board established under section 653 of the Act;

(h) “freeze order” means Order in Council numbered O.C. 592/2003, as amended from time to time;

(i) “grid” means the grid established by Schedule 2;

(j) “grid step” means the location on the grid corresponding to a step indicated on the grid;

(k) “insurer” means, except in Part 2, an insurer who provides basic coverage for private passenger vehicles;

(l) “maximum market premium” means the premium calculated under section 3(2) for basic coverage for 12 months, or if for



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a period of less than 12 months, an amount prorated accordingly;

(m) “new insurer” means an insurer referred to in section 10(1);

(n) “policyholder”, except in section 2, means the person who holds a policy for basic coverage in respect of a private passenger vehicle;

(o) “private passenger vehicle” means a motor vehicle not weighing more than 4500 kg that is used for

(i) pleasure,

(ii) driving to or from work or school, or

(iii) business purposes, including farming operations,

but does not include

(iv) a motorcycle, power bicycle or moped,

(v) a vehicle used for commercial purposes, including, but not limited to,

(A) a vehicle used for transporting individuals for compensation, delivery of goods, courier or messenger service, parcel delivery, meal delivery or driver training,

(B) a vehicle rated under a fleet formula,

(C) a short-term lease or rental vehicle,

(D) a funeral vehicle, or

(E) a vehicle held for sale or used for demonstration or testing,

(vi) an emergency vehicle as defined in section 1(1)(m) of the Traffic Safety Act,

(vii) a recreational vehicle,

(viii) an antique vehicle registered under the Traffic Safety Act as an antique vehicle, or

(ix) an all terrain vehicle, a snow vehicle, a miniature motor vehicle or any other similar off-highway vehicle;



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(p) “rates”, when used in relation to a rating program, means the premiums in respect of the rating variables under the rating program that are used to determine the premium to be charged to or collected from a policyholder;

(q) “rating program” means the rules, criteria, policies or guidelines of any nature, including rates, used or adopted by an insurer to determine the premiums for either basic or additional coverage, as applicable, to be charged to or collected from a policyholder;

(r) “rating variable” means a class of risk for which a rate under a rating program is determined.

Part 1 Refunds, Premiums for Basic Coverage and Adjustments

Refunds of premiums for basic coverage 2(1) In this section, “policyholder” means a person who holds a policy for basic coverage in respect of a private passenger vehicle on October 1, 2004.

(2) An insurer must refund to its policyholders with respect to each private passenger vehicle insured under the policy an amount determined in accordance with the following formulas, whichever amount is greater:

(a) R = (A - B) x C

365

(b) R = (A x C) x 5%

365

where

R means the refund to be provided to the policyholder in respect of the private passenger vehicle;

A means the annualized premium of the policyholder for basic coverage in respect of the private passenger vehicle as of October 1, 2004;

B means the grid premium in respect of the private passenger vehicle determined under Schedule 1, section 6(2);



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C means the number of days in the period beginning on October 1, 2004 and ending on the day the basic coverage in respect of the private passenger vehicle expires.

(3) Notwithstanding subsection (2), if the policyholder is paying a premium in instalments,

(a) the refund payable under subsection (2) must be prorated with respect to the premium already paid, and

(b) for the portion of the premium unpaid, the insurer must, in accordance with subsection (2), reduce the amount payable, prorated accordingly.

(4) Any refund exceeding $10 to which a policyholder is entitled under this section must be provided to the policyholder by January 31, 2005.

(5) Refunds of $10 or less must be provided to the policyholder at the request of the policyholder.

(6) A policyholder is not entitled to a refund under this section in respect of a private passenger vehicle if the premium for that vehicle includes an amount that takes into account a criminal code conviction as defined in Schedule 4.

Maximum premium for basic coverage

3(1) With respect to basic coverage for a private passenger vehicle coming into effect or renewed on or after October 1, 2004, no insurer may charge or collect a premium of more than

(a) the maximum market premium, or

(b) the grid premium determined under Schedule 1, section 6(2),

whichever is less.

(2) The maximum market premium for each private passenger vehicle of the policyholder is,

(a) during the period October 1, 2004 to September 30, 2005, the premium for basic coverage calculated

(i) in accordance with the freeze order, less 5%;

(ii) in the case of a new insurer offering basic coverage for private passenger vehicles, in accordance with the rates set by the Board under section 10;



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(b) on and after October 1, 2005, the premium for basic coverage calculated in accordance with sections 4, 5, 6 and 7 or, in the case of a new insurer, in accordance with the rates set by the Board under section 10 and subsequently in accordance with sections 4, 5, 6 and 7.

Industry-wide adjustments

4(1) On or before August 1 in each year, the Board may adjust uniformly on an Alberta automobile insurance industry-wide basis, in accordance with the criteria described in subsection (3), the rates under rating programs for basic coverage of private passenger vehicles.

(2) In accordance with the procedures of the Board, the Board may hear representations with respect to an adjustment under this section.

(3) The criteria for an adjustment are

(a) the Alberta automobile insurance industry-wide loss costs, as that term is understood by the Board, for basic coverage for private passenger vehicles;

(b) the administrative expenses relating to basic coverage for private passenger vehicles, on an Alberta automobile insurance industry-wide basis, that the Board considers appropriate to consider, which may include commissions, federal, provincial and municipal taxes and general expenses, as reported in the annual returns submitted by insurers to the Superintendent or a similar regulatory authority in another jurisdiction;

(c) other Alberta automobile insurance industry-wide costs or expenses that the Board considers appropriate relating to basic coverage for private passenger vehicles;

(d) any other criteria recommended by the Superintendent and approved by the Board.

(4) An adjustment under this section is effective October 1 of the year in which the adjustment is made by the Board.

(5) Notwithstanding subsection (4), if the Board increases the rates under a rating program for basic coverage in respect of private passenger vehicles, the increases may be applied by an insurer over a period of not more than 3 years commencing October 1 of the year in which the adjustment is made by the Board.

(6) Information about adjustments under subsection (1) must be made publicly available in a manner satisfactory to the Superintendent.



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Offsetting adjustments to rating variables

5(1) On and after October 1, 2005, an insurer may, by notice in writing to the Board, increase, by up to 10% each, the rates for one or more of its rating variables under a rating program for basic coverage for private passenger vehicles if the increases in the rates are offset by reductions in the rates of one or more other rating variables.

(2) In making an adjustment under subsection (1), the insurer must ensure that the results of the adjustments are revenue neutral to the insurer, determined on the policies for basic coverage for private passenger vehicles in effect at a point in time not more than 60 days before a notice under subsection (1) is given.

(3) A notice under subsection (1) must be accompanied with

(a) details of the rates that would apply to each rating variable after applying the adjustments, and

(b) an analysis of how the adjustments are revenue neutral.

(4) An insurer may not, solely as a result of the adjustments under subsection (1), charge a policyholder on renewal a premium that on an annualized basis exceeds by more than 10% the premium previously charged for basic coverage for private passenger vehicles by that insurer to that policyholder.

(5) The information provided under subsection (3) must be verified as accurate by statutory declaration made by an officer of the insurer satisfactory to the Board.

Review of insurer rating program

6(1) On application by an insurer to the Superintendent, on or after October 1, 2005, to review the rating program of the insurer for basic coverage for private passenger vehicles, the Superintendent may in his or her sole discretion direct the Board to undertake such a review.

(2) On completion of the review, the Board, if it determines that an adjustment is appropriate, shall adjust the rates under the rating program for that insurer for basic coverage for private passenger vehicles effective on a date specified by the Board.

Equalization of rate differentials

7(1) In accordance with procedures established by the Superintendent under section 658 of the Act, and before July 1, 2005, or such later date approved by the Superintendent, each insurer must file with the Board a plan to eliminate any differential in rates in its rating programs for basic coverage identified by the Superintendent with respect to private passenger vehicles.



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(2) The elimination of the differential referred to in subsection (1) must not commence before October 1, 2005 and must be completed in accordance with the plan by October 1, 2008 in instalments approved by the Superintendent.

Setting of premiums

8(1) For the purpose of section 656 of the Act, the premium set for basic coverage for private passenger vehicles for the period October 1, 2004 to September 30, 2005 is the premium calculated in accordance with the freeze order, less 5%.

(2) On the receipt of a notice under section 5(1), a determination under section 6(2) and the filing of a plan under section 7, premiums are deemed to have been set for the purpose of section 656 of the Act.

(3) Adjustments under sections 4, 5, 6 and 7 are cumulative.

Part 2 Additional Coverage, New Insurers and

Information Requirements

Filing of additional coverage 9(1) Every insurer that offers additional coverage must file with the Board by February 1, 2005,

(a) its rating program for additional coverage, and

(b) the rates under the rating program applicable to each type of additional coverage.

(2) An insurer, by notice in writing to the Board, may change its rating program for additional coverage or its rates under the rating program for additional coverage.

New insurers

10(1) An insurer that, under the Act,

(a) becomes, on or after October 1, 2004, licensed in Alberta to undertake the class of automobile insurance and intends to offer basic coverage, or

(b) is licensed in Alberta to undertake the class of automobile insurance and is not offering basic coverage but, on or after October 1, 2004, intends to begin offering basic coverage

must file with the Board its rating program for basic coverage for private passenger vehicles and the rates under the rating program.



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(2) If the Board is satisfied with the material, information, calculations and proposed rates filed with it under this section, the Board must set the rates for basic coverage under the rating program, effective on a date specified by the Board.

(3) An insurer that, under the Act,

(a) becomes, on or after October 1, 2004, licensed in Alberta to undertake the class of automobile insurance and intends to offer additional coverage, or

(b) is licensed in Alberta to undertake the class of automobile insurance and is not offering additional coverage but, on or after October 1, 2004, intends to begin offering additional coverage

must comply with section 9(1) as soon as practicable, and must comply with section 9(2).

Information required

11 For the purposes of carrying out any of its functions under this Regulation, the Board may

(a) require an insurer to provide any information to it that the Board considers necessary if the information can reasonably be obtained taking into account the cost and practicability of doing so;

(b) specify the manner and form in which anything required to be filed or provided under this Regulation or required to be provided under clause (a) must be provided to the Board;

(c) require anything filed with or provided to the Board to be verified as true and correct by a statutory declaration made by an officer of the insurer satisfactory to the Board.

Use of prescribed forms

12 An insurer must use any form prescribed by the Minister under section 803 of the Act.

Part 3 Complaint Resolution

Definitions 13 In this Part,



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(a) “adverse contractual action” has the same meaning as it has in section 613.1(1) of the Act;

(b) “Committee” means the Automobile Insurance Dispute Resolution Committee established by section 18;

(c) “General Insurance OmbudService” means the General Insurance OmbudService incorporated under the Canada Corporations Act (Canada);

(d) “policyholder” includes an applicant for basic coverage or for renewal of basic coverage.

Complaint to insurer

14(1) If a policyholder, with respect to a calculation, a determination, an action or an incident occurring on or after this section comes into force,

(a) is not satisfied with respect to the basis on which a premium for basic coverage for a private passenger vehicle was determined under this Regulation, or

(b) considers that an insurer, directly or indirectly, has with respect to insurance for basic coverage taken an adverse contractual action contrary to section 613.1 of the Act,

the policyholder may make a complaint to the insurer.

(2) On receipt of the complaint, the insurer must, in accordance with its policies and procedures and in accordance with regulations made under section 511(2) of the Act, make an attempt in good faith to resolve the policyholder’s complaint.

Complaint to General Insurance OmbudService

15(1) If a complaint is not resolved in accordance with section 14, the policyholder may, in accordance with the policies and procedures of the General Insurance OmbudService, apply to the General Insurance OmbudService to have the complaint addressed.

(2) The policies and procedures of the General Insurance OmbudService are, for the purposes of this section, those policies and procedures agreed to by the Superintendent and the General Insurance OmbudService.

(3) On completion of its process, the General Insurance OmbudService must issue a written report to the policyholder and to the insurer.



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Application for arbitration

16(1) Within 30 days of receipt of a report from the General Insurance OmbudService, the policyholder may apply to the Committee to refer a matter in dispute with an insurer to arbitration.

(2) In accordance with its rules, the Committee must

(a) identify the matter in dispute,

(b) determine whether

(i) a further settlement effort may resolve the issue and, if so, facilitate that settlement effort,

(ii) the matter should be referred to arbitration, or

(iii) any further action should be taken

and

(c) notify the policyholder and the insurer of its determination.

Referral to arbitration

17(1) If the Committee decides to refer a matter to arbitration it must, in accordance with its rules,

(a) appoint one or more arbitrators and identify the matter in dispute, and

(b) give notice of the appointment to the insurer, the policyholder and the Superintendent,

and the arbitration is commenced on service of the notice.

(2) The Superintendent has the right to attend and make representations in an arbitration.

(3) An arbitrator must make an award as soon as practicable, but in any case within the time specified by the Committee’s rules, and send copies to

(a) the parties,

(b) the Superintendent, and

(c) the Committee.

(4) An arbitrator may make an award to remedy the matter in dispute, but if damages are claimed the arbitrator may award only compensatory damages.



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(5) The Arbitration Act as modified by this Part and the Committee’s rules apply to an arbitration conducted under this Part.

(6) The fees and expenses of the arbitrator and the arbitrator’s costs in conducting the arbitration shall be set by the Superintendent.

Automobile Insurance Dispute Resolution Committee

18(1) The Automobile Insurance Dispute Resolution Committee is hereby established composed of the one or more persons appointed to the Committee by the Minister.

(2) If the Committee has more than one member,

(a) the Minister must appoint a member as chair, and

(b) the chair may designate one or more members of the Committee to act on the Committee’s behalf.

(3) The Committee’s function is to seek to resolve complaints under this Part as expeditiously and efficiently as possible, and the Committee may

(a) establish mediation or other dispute resolution processes to facilitate settlement of disputes;

(b) establish, subject to the approval of the Minister, rules for arbitration proceedings, including

(i) providing for electronic hearings and documents-only hearings when the situation warrants,

(ii) specifying the time within which an award must be issued, subject to extension of time by agreement of the parties,

(iii) determining responsibility for the payment of the arbitrator’s fees, costs and expenses,

(iv) the appointment of arbitrators and the manner in which the Committee decides the matter in dispute,

(v) the consolidation of several similar or related matters into one reference to arbitration, or the reference of a representative dispute to arbitration, and

(vi) generally, for the procedure and conduct of arbitration proceedings;

(c) establish a roster of suitably qualified individuals to act as arbitrators;



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(d) establish or adopt a code of ethical conduct for arbitrators.

(4) With the consent of the Minister, the Committee may delegate any one or more of its functions to another person.

Part 4 Transitional Provisions,

Amendments, Review and Coming into Force

Application of former Act 19(1) Sections 652 to 660 of the Act, except section 654(a), as the Act read immediately before being amended by the Insurance Amendment Act, 2003 (No. 2) continue to apply to the insurance of automobiles other than private passenger vehicles.

(2) For the purposes of the provisions referred to in subsection (1), “Board” means the Alberta Automobile Insurance Board until the Automobile Insurance Rate Board is established.

(3) On the establishment of the Automobile Insurance Rate Board, that Board has the duties and functions of the Alberta Automobile Insurance Board under the provisions of the Act referred to in subsection (1).

Transitional

20 A classification of automobiles

(a) approved by the Alberta Automobile Insurance Board, or

(b) filed with the Alberta Automobile Insurance Board for 60 days that is neither approved or disapproved by that Board

under section 656(1) of the Act as it read immediately before section 15 of the Insurance Amendment Act, 2003 (No. 2) came into force is deemed to be a rating variable under this Regulation.

Freeze order amended

21 The freeze order is amended

(a) in section 7 by striking out “automobiles” and substituting “new model automobiles only”;

(b) in section 10(1) by striking out “April 29,” and substituting “September 30,”.



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Enforcement and Administration Regulation

22 The Enforcement and Administration Regulation (AR 129/2001) is amended in the Schedule by adding the following after item 5:

6 Automobile Insurance Premiums Regulation

- sections 2, 3, 5(4), 9, 10, 11 and 12.

Review

23 A review of this Regulation must be completed no later than September 30, 2006.

Coming into force

24(1) This Regulation, except section 21, comes into force on October 1, 2004.

(2) Section 21 comes into force on June 21, 2004.

Schedule 1 Calculation of Grid Premiums

Definitions 1(1) In this Schedule,

(a) “at-fault claim” means, in respect of liability described in section 627 of the Act or under the same or equivalent coverage in any other jurisdiction, inside or outside Canada,

(i) a claim paid in respect of that liability for which the driver is wholly or partially at fault, and

(ii) a claim made in respect of which the insurer has reasonably determined that a payment will or is likely to be made as a result of the fault, whole or partial, of the driver,

but does not include a claim in respect of which the policyholder has repaid the insurer for the amount of the claim within 90 days after the claim was paid by the insurer;

(b) “driver training certificate” means a certificate evidencing successful completion of an approved driver training course issued by a driver training school licensed under the Traffic Safety Act or any other school outside Alberta satisfactory to the insurer;



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(c) “driving experience” means the combined time during which a person has had

(i) a valid operator’s licence in Canada, and

(ii) a valid operator’s licence in a country outside Canada, if the person provides evidence satisfactory to the insurer,

but does not include

(iii) the time during which the person held a learner’s operator’s permit, and

(iv) a period of time during which the person’s operator’s licence was suspended, cancelled or revoked;

(d) “highest rated driver” means the person who has the highest percentage determined under section 6(1)(b);

(e) “inexperienced driver” means a driver who has less than 8 years’ driving experience;

(f) “occasional driver” means an inexperienced driver referred to in section 4(4)(b);

(g) “relevant date” means

(i) with respect to a driver referred to in section 5(2)(a), the most recent date on or before September 30, 2004 on which the basic coverage came into effect;

(ii) with respect to a driver referred to in section 5(2)(b), the date the basic coverage comes into effect;

(h) “relevant driver” means the person determined to be the relevant driver under section 4.

(2) For the purpose of determining driving experience, if a driver obtains a driver training certificate before or within 2 years after obtaining an operator’s licence, the driver is considered to have 2 years’ driving experience, but is not considered to have 3 years’ driving experience until the person has actually had 3 years’ driving experience.

(3) For the purpose of section 4(4), an inexperienced driver is a principal driver of a private passenger vehicle if the inexperienced driver will be driving the vehicle more than any other driver.



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Guidelines

2 The Superintendent may issue guidelines respecting location and movements on the grid.

Steps to determine grid premium

3 To determine a grid premium in respect of a private passenger vehicle,

(a) the relevant driver and any occasional driver of the private passenger vehicle must be determined in accordance with section 4,

(b) the relevant driver and any occasional driver of the private passenger vehicle must each be located at a grid step in accordance with section 5, and

(c) the grid steps at which the relevant driver and any occasional driver are located must be converted to a dollar amount in accordance with section 6.

Relevant and occasional drivers

4(1) The relevant driver and any occasional driver of a private passenger vehicle must be determined in accordance with this section.

(2) If the policyholder has the same number of private passenger vehicles as there are drivers of those vehicles, each driver must be matched to a vehicle, and the drivers are the relevant drivers in respect of the vehicles to which they are matched.

(3) If the policyholder has more private passenger vehicles than there are drivers of those vehicles,

(a) each driver must be matched to a vehicle, and

(b) for those vehicles not matched with a driver, the drivers already matched must be matched with the one or more unmatched vehicles, starting with the driver who has the lowest percentage determined under section 6(1)(b),

and the drivers are the relevant drivers in respect of the vehicles to which they are matched.

(4) If the policyholder has fewer private passenger vehicles than there are drivers of those vehicles,

(a) the highest rated drivers must be matched with the vehicles first, but an inexperienced driver may not be matched unless the inexperienced driver is the principal driver of one of the



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vehicles, and the drivers are the relevant drivers in respect of the vehicles to which they are matched, and

(b) the remaining drivers must not be matched with respect to any of the vehicles unless the drivers are inexperienced drivers, in which case those inexperienced drivers are considered to be occasional drivers.

(5) If the number of occasional drivers is equal to or less than the number of passenger vehicles, each occasional driver must be matched to a vehicle.

(6) If there are more occasional drivers than there are vehicles, each occasional driver must be matched to a vehicle starting with the occasional driver who is the highest rated driver, but in no case may more than one occasional driver be matched in respect of the same vehicle.

Locating the correct grid step

5(1) A grid step must be established for each driver of a private passenger vehicle.

(2) A grid step is first established for a driver

(a) with respect to a driver under basic coverage for a private passenger vehicle in effect on September 30, 2004, as of the relevant date of that coverage, and

(b) if clause (a) does not apply in respect of a driver, the first time a policy for basic coverage for a private passenger vehicle comes into effect on or after October 1, 2004 under which the driver is included.

(3) The grid step is first established for a driver as follows, starting at grid step zero:

(a) move up 5 grid steps for each at-fault claim during the 6 years preceding the relevant date, then, if applicable, move down one grid step for each year of driving experience, to a maximum of 5 years, in which there has not been an at-fault claim since the last at-fault claim preceding the relevant date, or

(b) if there are no at-fault claims during the 6 years preceding the relevant date, move down one grid step for each year of driving experience, to a maximum of 15 years’ driving experience.



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(4) An insurer must, with respect to each subsequent application for basic coverage, make any necessary adjustments to the driver’s location on the grid under subsections (5) and (6), starting from the previous grid location for that person, whether or not location on the grid was previously established by the same insurer.

(5) If, during the term of the policy being renewed or replaced,

(a) the driver had an at-fault claim, the driver must be moved up 5 grid steps for each at-fault claim during the term of the policy, or

(b) the driver did not have an at-fault claim and is not already located at grid step -15, the driver must be moved down one grid step for each full year of driving experience with no at-fault claims since the driver’s location on the grid was last changed or, if it has never changed, since the driver’s location on the grid was first established.

(6) Despite subsection (5), if no at-fault claims have been made for the 6 consecutive years of driving experience immediately preceding the coming into effect or renewal of a policy for basic coverage, and the driver is located higher than grid step zero, the driver must be located on grid step zero.

(7) Every insurer must on the request of another insurer provide to that insurer any information necessary to determine a driver’s location on the grid, including information about his or her current location on the grid.

Computation of grid premium

6(1) After each driver is located on a grid step in accordance with section 5, a premium must be determined for each driver as follows:

(a) determine the base premium for the driver in accordance with Schedule 3;

(b) determine the percentage by which to multiply the base premium in accordance with the following formula:

P = A + (A x B) where

P means the percentage by which to multiply the base premium of the driver;



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A means the percentage of the base premium for the grid step of the driver determined in accordance with Schedule 2;

B means the percentage surcharge, if any, for driving convictions calculated in accordance with Schedule 4;

(c) multiply the base premium determined in clause (a) by the percentage determined in clause (b).

(2) The grid premium for basic coverage for a private passenger vehicle is the premium for the relevant driver determined in subsection (1) plus 25% of the premium determined in subsection (1) for the occasional driver, if any, of that vehicle.

Schedule 2 Grid

Grid established 1 The following grid is established for the purposes of this Regulation: Grid steps % for element A of Schedule 1, section

6(1)

+16...............................

an increase of 23 percentage points for this and each subsequent step up the grid, computed cumulatively (see section 2 of this Schedule)

+15............................... 338% +14............................... 315% +13............................... 293% +12............................... 270% +11............................... 248% +10............................... 225% +9................................. 210% +8................................. 195% +7................................. 180% +6................................. 165% +5................................. 150% +4................................. 140% +3................................. 130% +2................................. 120% +1................................. 110% Grid step zero 100% -1.................................. 95% -2.................................. 90% -3.................................. 85% -4.................................. 80% -5.................................. 75%



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Grid steps % for element A of Schedule 1, section 6(1)

-6.................................. 70% -7.................................. 65% -8.................................. 60% -9.................................. 55% -10................................ 50% -11................................ 50% -12................................ 50% -13................................ 50% -14................................ 50% -15................................ 50%

Determining percentage

2 Element A of Schedule 1, section 6(1), is determined by identifying the percentage opposite the grid step on which the relevant driver or occasional driver is located, except that

(a) at grid step +16, the percentage is 23 percentage points more than the percentage opposite grid step +15, and

(b) at each step higher than +16, the percentage is to be increased by 23 percentage points more than the percentage for the preceding grid step.

Schedule 3 Base Premium Calculation

Definitions 1 In this Schedule,

(a) “Calgary territory” means the City of Calgary;

(b) “Edmonton territory” means Townships 52, 53 and 54, Ranges 23, 24 and 25, all west of the 4th Meridian, which includes the City of Edmonton, the City of St. Albert, Clover Bar, Sherwood Park, Lancaster Park, Namao and Winterburn;

(c) “rest of Alberta territory” means all areas of Alberta that are not included in the Edmonton territory or the Calgary territory.

Determining base premium

2(1) The base premium for a relevant driver and occasional driver is an amount calculated in accordance with the following table by determining



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(a) the territory in which the policyholder resides, and

(b) the choice of the policyholder’s coverage under section 627 of the Act, namely: $200 000, $500 000, $1 million or $2 million or such other coverage amounts offered by the insurer that are included in the table.

Territory Policyholder’s choice of coverage Edmonton

territory Calgary territory

Rest of Alberta territory

$200 000 $1683 $1530 $1224 $250 000 $1738 $1580 $1264 $300 000 $1775 $1614 $1291 $400 000 $1835 $1668 $1334 $500 000 $1881 $1710 $1368 $750 000 $1922 $1747 $1398 $1 million $1980 $1800 $1440 $2 million $2158 $1962 $1570 NOTE: The amounts in this table are subject to change by the Board under section 2(2), (3) and (4) of this Schedule.

(2) The Board must,

(a) effective October 1, 2005, reduce the differential base premium between the Edmonton territory and the Calgary territory shown in the table by 40%;

(b) effective October 1, 2006, reduce the differential base premium between the Edmonton territory and the Calgary territory shown in the table by 50%;

(c) effective October 1, 2007, eliminate the remaining differential between the Edmonton territory and the Calgary territory shown in the table.

(3) In making an adjustment under subsection (2), the Board must ensure that the base premium for the rest of Alberta territory is 20% less than for the Calgary territory.

(4) In addition to the adjustments under subsections (2) and (3), if the Board has made an adjustment on an industry-wide basis under section 4 of this Regulation, the Board must, effective October 1 of the year in which the adjustment is made, make a corresponding percentage change to the base premiums in the table in this Schedule.



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Schedule 4 Surcharges for Driving Convictions

Surcharges for driving convictions 1(1) This Schedule determines the percentage, if any, to be included in element B of the formula described in Schedule 1, section 6(1).

(2) A percentage is to be determined for a driver, in accordance with Table 1, for a criminal code conviction, serious traffic safety conviction and traffic safety conviction on a driver’s abstract within the 3 years before the effect date of basic coverage or renewal of basic coverage, or any longer period determined under subsection (3).

(3) If a driver’s operator’s licence has been suspended or cancelled or the driver has been disqualified from driving, the 3-year period is extended by adding the period of suspension, cancellation or disqualification to the 3 years.

(4) If a person’s driver abstract described in subsection (2) has on it a combination of any 2 or more of the following:

(a) one or more criminal code convictions;

(b) one or more serious traffic safety convictions;

(c) one or more traffic safety convictions,

the percentage totals in each of the applicable columns of Table 1 must be added together and that total is the percentage for the relevant driver or occasional driver to be included in element B of the formula described in Schedule 1, section 6(1):

Table 1

Surcharge for Number of convictions

Traffic safety

convictions

Serious traffic safety

convictions

Criminal Code convictions

1 0% 25% 300% 2 25% 50% 450% 3 35% 100% 4 50% 200% 5 75% 400% 6 100% 800%



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7 or more

For each additional conviction, double the

immediately preceding percentage

For each additional conviction, double the

immediately preceding percentage

For each additional conviction, add 150

percentage points to the immediately preceding

percentage

Definitions

2 In this Schedule,

(a) “criminal code conviction” means a conviction for an offence under section 130 of the National Defence Act or for any of the following offences under the Criminal Code (Canada):

Description of offence

(for convenience of reference only) Criminal Code

Section Number Criminal negligence causing death committed by means of a motor vehicle

220

Criminal negligence causing bodily harm committed by means of a motor vehicle

221

Manslaughter committed by means of a motor vehicle 236 Dangerous operation of a motor vehicle 249(1) Dangerous operation of a motor vehicle causing bodily harm

249(3)

Dangerous operation of a motor vehicle causing death 249(4) Failing to stop a motor vehicle while being pursued by peace officer

249.1(1)

Failing to stop a motor vehicle causing bodily harm or death while being pursued by peace officer

249.1(3)

Failing to stop at scene of accident 252(1) Failing to stop at scene of accident knowing bodily harm has been caused

252(1.2)

Failing to stop at scene of accident knowing death has been caused or reckless re bodily harm causing death

252(1.3)

Impaired driving or over .08 253 Failing or refusing to provide a blood or breath sample on demand

254

Impaired driving causing bodily harm 255(2) Impaired driving causing death 255(3) Operating a motor vehicle while disqualified 259(4)

(b) “driver abstract” means the abstract of the driving record referred to in section 5(1) of the Access to Motor Vehicle Information Regulation (AR 140/2003) or a similar document of another province or territory in Canada;

(c) “serious traffic safety conviction” means a conviction for any of the following offences under the Traffic Safety Act, or a conviction for an offence that is substantially similar under



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an enactment of Canada, other than the Criminal Code (Canada), or of another province or territory:

Enactment and section number

Description of offence (for convenience of

reference only) Traffic Safety Act

Use of Highway and Rules of the

Road Regulation

Failing to remain at scene of accident 69(1) Speeding - exceeding limit by more than 50 kph

115(2)(p) 53(5)(c)

Careless driving 115(2)(b) Racing 115(2)(c) Driving on a bet or wager 115(2)(d) Failing to stop for a school bus 72(1) Driving while unauthorized 94(2) Failing to stop school bus, vehicle carrying explosives, etc. at uncontrolled railway crossing

42(5)

Failing to stop for a peace officer 166(2)

(d) “traffic safety conviction” means a conviction for any of the following offences under the Traffic Safety Act, or a conviction for an offence that is substantially similar under an enactment of Canada, other than the Criminal Code (Canada), or of another province or territory:

Enactment and section number

Description of offence (for convenience of

reference only) Traffic Safety Act

Use of Highway and Rules of the

Road Regulation

Speeding - unreasonable rate of speed 2(1)(a) Speeding - exceeding limit by over 30 but not more than 50 kph

115(2)(p) 53(5)(c)

Following too close 18 Failing to notify owner (a) of an unattended vehicle damaged in accident (b) of property damaged in accident

69(2)(a) 69(2)(b)

Driver failing to make accident report 71(1) Speeding - exceeding limit by over 15 but not more than 30 kph

115(2)(p) 53(5)(c)



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Improper passing in school zone or playground zone

8

Failing to stop, etc. when meeting oncoming vehicle on narrow roadway

14

Passing on hill or curve or near railway crossing

19(1)

Passing on left when view obstructed or traffic present on left side of highway

20

Failing to pass on left in safe manner or failing to return to right side of roadway in safe manner

21(1)

Overtaking another vehicle by driving off the roadway, in a parking lane or when unsafe

23

Passing another vehicle stopped at crosswalk

41(2)

Driving left of centre line 12(1) Driving wrong way on one-way highway

17

Impeding passing vehicle 21(2) Impeding passing vehicle - multi-lane highway

22(2)(b)

Failing to yield right of way to a vehicle (a) at an intersection, or turning left unsafely (b) at yield sign (c) in traffic circle (d) at merge sign (e) at green light or green arrow (f) at flashing yellow light

34 39 40 50, 51 52(1), (3)-(5) 53(3)

Failing to yield right of way to a pedestrian (a) at an alley entrance or driveway (b) in a crosswalk (c) at a green light or green arrow (d) at flashing yellow light at intersection (e) at flashing yellow light not at intersection (f) at flashing yellow light with zone sign or symbol

36(3) 41(1) 52(1)-(5) 53(3) 53(4) 53(5)(d)

Failing to stop (a) before entering highway (b) at a stop sign (c) for an emergency vehicle sounding siren

36(2) 37 65(1)



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(d) at railway crossing when a train is approaching (e) within prescribed distance from railway when stop sign (f) at yellow light at intersection (g) at yellow light not at intersection (h) at red light at intersection (i) at red light not at intersection (j) at flashing red light at intersection (k) at flashing red light not at intersection

42(2) 42(4)(a) 53(1) 53(2) 54(1)(a) 54(4) 54(5)(a) 54(6)(a)

Unauthorized following within 150 metres of emergency vehicle sounding siren or with flashing lights or both

65(2)

Driving around barrier at railway crossing

42(3)

Proceeding when unsafe (a) after stopping at intersection (b) after stopping for stop sign at railway crossing (c) after stopping for school bus (d) after stopping for red light at intersection (e) after stopping for flashing red light at intersection (f) after stopping for flashing red light not at intersection

38 42(4)(b) 72(2) 54(1)(b) 54(5)(b) 54(6)(b)

Stunting 115(2)(f) Speeding - exceeding limit by up to 15 kph

115(2)(p) 53(5)(c)

Traffic lane violation (a) slow moving vehicle in incorrect lane (b) driving at less than maximum speed in designated fast lane outside an urban area (c) improperly crossing solid or broken lines or driving improperly on left side of broken lines on 2-way highway (d) making unsafe lane change (e) failing to drive in centre of marked lane (f) occupying 2 lanes (g) improperly driving in centre lane of 3 lane highway (h) driving in lane marked with “X”

3 2(1)(b) 15(1) 15(4) 15(5) 15(6) 16(1) 27(4)

Failing to obey instruction of traffic control device

57



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Slow driving impeding or blocking traffic

2(1)(c)

Driving at less than minimum speed 115(2)(q) Failing to obey direction of peace officer to increase speed, etc.

2(4)

Failing to signal (a) when changing lanes (b) when turning left or right (c) when stopping

15(2) 24 35

Improper turns (a) when turning right (b) when turning left (c) failing to obey traffic control device (d) making U-turn unsafely or where prohibited (e) making U-turn with a school bus where prohibited

25 26 27(1), (2) 29, 30 31

Backing up vehicle unsafely or where prohibited

32, 33

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