Marriage Act Regulation - qp.alberta.ca · party to an intended marriage to whom section 27(1) of...

THE ALBERTA GAZETTE, PART II, JUNE 30, 2018

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Alberta Regulation 103/2018

Marriage Act

MARRIAGE ACT AMENDMENT REGULATION

Filed: June 5, 2018

For information only: Made by the Minister of Service Alberta (M.O. SA:016/2018) on June 5, 2018 pursuant to section 29 of the Marriage Act.

1 The Marriage Act Regulation (AR 162/2000) is amended by this Regulation.

2 Section 2 is amended

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

(2.1) A consent of a co-decision-maker appointed under section 13 of the Adult Guardianship and Trusteeship Act, in satisfaction of section 18 of that Act in respect of a marriage licence for an assisted adult as defined in that Act, must be in Form 2.1.

(2.2) An affidavit of proof of 30 days’ notice prior to issuance of a marriage licence, required under section 27(2)(a) of the Act in respect of a party to an intended marriage to whom section 27(1) of the Act applies, must be in Form 2.2.

(b) by repealing subsections (3), (5) and (6).

3 Section 3 is amended by repealing subsection (3).


(a) by repealing subsection (1);

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

(3) An issuer shall, at least once a week and as required by the Registrar, send to the Registrar

(a) all marriage licence affidavits and any affidavits or other documents executed specifically as part of issuing the marriage licence, and

(b) all supporting documents required as part of issuing a marriage licence.


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(c) by repealing subsection (5) and substituting the following:

(5) An issuer shall maintain records of all appointments and terminations of deputy issuers.

5 Section 5 is amended by repealing subsection (2).

6 The following is added after section 5:

Marriage licence fees

5.1 The fee payable for a marriage licence is $40.

Duties respecting forms, evidence

5.2(1) An issuer shall keep the following forms or evidence in a secure place:

(a) an adequate supply of all blank forms provided by the Registrar;

(b) completed or partially completed forms;

(c) any other forms or evidence necessary to carry out their duties under the Act or this Regulation.

(2) An issuer shall ensure that

(a) only the current forms established by the Minister are used for the purposes of the Act and this Regulation, and

(b) forms that are no longer current are destroyed by being shredded by the issuer or by a bonded company engaged by the issuer.

7 Section 7 is repealed.

8 The Schedule is amended

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



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Form 1

Marriage Act

(Section 14)

Affidavit for Marriage Licence Application

I, (Last Name and All Given Name(s))

of (Street Address)

(City/Town/Village/Hamlet) (Postal Code) (Province/Country)

make oath and say that:

1 My present marital status is: (Never married, Widowed, Divorced).

2 I am years old.

3 I intend to marry

(Last Name and All Given Name(s))

of (City/Town/Village/Hamlet) (Province/Country) .

4 According to the best of my knowledge and belief

(a) there are no marriages nor any lawful causes to bar this marriage from

taking place. I am not marrying my Grandparent, Parent, Grandchild,

Child or Sibling who is related by whole blood, half blood or by

adoption,

(b) neither I nor my intended spouse is a party to an intended marriage to

whom section 27(1) of the Act applies, or if either has been found to be a

party to an intended marriage to whom section 27(1) of the Act applies,

proof of 30 days’ notice prior to the issuance of a marriage licence as

required by law has been provided, and

(c) neither I nor my intended spouse are presently under the influence of

alcohol or drugs.

(Signature)

SWORN before me at (City/Town/Village) , Alberta,

Dated

(Signature of Marriage Licence Issuer (or Deputy) in and for the Province of Alberta)

(Name of Marriage Licence Issuer (or Deputy))

(Marriage Licence Issuer Number)

I agree that neither I nor my intended spouse is the property of the other. I am

aware that the laws of Alberta and Canada affirm my right to live within a marriage

free from violence and abuse.

(Signature)

(Name of Registry Agent) (Marriage Licence No.)



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This information is collected in accordance with the Marriage Act and the Marriage

Act Regulation. It is required by Vital Statistics to process your application and

issue your marriage licence. Collection is authorized under section 33(a) and (c) of

the Freedom of Information and Protection of Privacy Act. Vital Statistics may also

use your contact information for survey purposes. Questions about the collection of

this information can be directed to Vital Statistics at Box 2023, Edmonton, AB

T5J 4W7 or (780) 427-7013 (toll free 310-0000 within Alberta).

Form 2

Marriage Act

(Section 19)

Affidavit of Guardian Consent

In the matter of an application for a marriage licence, by the minor,

(Full name of minor) , who is 16 or 17 years old.

Print the full names of the parent(s) and all other guardians of this minor.

Guardians must provide proof of guardianship.

(Full name of parent/guardian)

(Relationship to minor (i.e., parent, guardian))

I/we make oath and say that:

● I am/we are the parent(s)/guardian(s) of the minor.

● I/we consent to the minor’s marriage.

● All parents/guardians are named above and I/we understand all our consents

are required.

(Signature (parent/guardian))




Sworn/Affirmed before me at ________________)

In the Province of _________________________)

Dated ___________________________________)

(Signature of Notary Public or a Commissioner for Oaths in and for

the Province of Alberta/Marriage Licence Issuer (or Deputy))

(Name of Notary Public or Commissioner for Oaths/Marriage Licence

Issuer (or Deputy))

(Expiry Date of Commission)

This information is collected in accordance with the Marriage Act and the Marriage

Act Regulation. It is required by Vital Statistics to process your application and

issue your marriage licence. Collection is authorized under section 33(a) and (c) of

the Freedom of Information and Protection of Privacy Act. Questions about the



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collection can be directed to Vital Statistics at Box 2023, Edmonton, AB T5J 4W7

or (780) 427-7013 (toll free 310-0000 within Alberta).

(b) by adding the following after Form 2:

Form 2.1

Adult Guardianship and Trusteeship Act

(Section 18)

Consent of Co-decision-maker Marriage Licence for an Assisted Adult

In the matter of an application for a marriage licence

by an assisted adult who has a co-decision-maker

Name of assisted adult (Full name of assisted adult)

I, (Full Name of co-decision-maker) of (Address)

being a co-decision-maker with the assisted adult named above, consent to the issuance of a marriage licence to the assisted adult.

(Signature of co-decision-maker) (Date)

Witness (must be 18 years of age or older)

(Print full name of witness

(Signature of witness) (Relationship of witness) to co-decision-maker)

(Address of witness) (City/Town) (Province) (Postal/Code) (Phone Number)

* Date of signing must be within one year of the application.

** A witness cannot be involved in and does not stand to benefit or be impacted by the application or service being requested and is not otherwise in conflict of interest with respect to the application or service being required.

This information is collected in accordance with the Marriage Act and the Marriage Act Regulation. It is required by Vital Statistics to process your application and issue your marriage licence. Collection is authorized under section 33(a) and (c) of the Freedom of Information and Protection of Privacy Act. Questions about the collection can be directed to Vital Statistics at Box 2023, Edmonton, AB T5J 4W7 or (780) 427-7013 (toll free 310-0000 within Alberta).

Form 2.2

Marriage Act

(Section 27(2)(a))

Affidavit of Proof of 30 Days’ Notice Prior to Issuance of a Marriage Licence for a Represented Adult or Dependent Adult

In the matter of an application for a marriage licence for



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(Full name of represented adult or dependent adult) ,

a represented adult who has guardian(s)/trustee(s).

I, (Full Name of guardian/trustee) of (Address)

Being a guardian or trustee of the represented adult or dependent adult named

above,

Make oath and say that:

• I have been given 30 days’ notice prior to the issuance of a marriage

licence to the represented adult or dependent adult named above.

• I have not filed an Originating Notice or Notice of Motion concerning

the issuance of this marriage licence.

• I am aware that all guardians/trustees named in the order must sign an

Affidavit of Proof of 30 Days’ Notice prior to Issuance of a Marriage

Licence.

(Signature of Guardian or Trustee)

Sworn/Affirmed before me at

_________________________

In the Province of ________________

dated __________________________ (Signature) Notary Public/Commissioner for Oaths in and for the Province of Alberta

Print name

Expiry Date of Commission

Date of signing must be within one year of the application.

This information is collected in accordance with the Marriage Act and the Marriage Act Regulation. It is required by Vital Statistics to process your application and issue your marriage licence. Collection is authorized under section 33(a) and (c) of the Freedom of Information and Protection of Privacy Act. Questions about the collection can be directed to Vital Statistics at Box 2023, Edmonton, AB T5J 4W7 or (780) 427-7013 (toll free 310-0000 within Alberta).

(c) by repealing Form 3, Form 4 and Form 5.

9 This Regulation comes into force on the coming into force of section 38 of the Vital Statistics and Life Events Modernization Act.


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Government Organization Act

IDENTIFICATION CARD AMENDMENT REGULATION

Filed: June 5, 2018, 2018

For information only: Made by the Minister of Service Alberta (M.O. SA:017/2018) on June 5, 2018 pursuant to Schedule 12, section 20 of the Government Organization Act.

1 The Identification Card Regulation (AR 221/2003) is amended by this Regulation.


(a) by repealing clause (d.1) and substituting the following:

(d.1) “record of birth” means a record of birth issued in accordance with the Vital Statistics Act;

(b) by repealing clause (d.2) and substituting the following:

(d.2) “sex” means

(i) the anatomical sex of a person at birth,

(ii) the sex (M, F or X) of a person as declared to the Minister,

(iii) following the approval of an application for amendment of sex on an identification card referred to in section 9.1, the sex that corresponds to the requested amendment, or

(iv) the sex on a person’s record of birth or birth certificate;

3 Section 4 is amended by adding the following after subsection (4):

(5) The Minister shall not issue an identification card with the sex of the applicant listed as “X” to a person who is 12 years old or older and less than 18 years old, except following the approval of an application for amendment of sex on an identification card pursuant to section 9.1.


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4 Section 9.1(1)(a) is amended

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

(a) the person’s record of birth has been amended in accordance with the Vital Statistics Information

Regulation,

(b) in subsection (2) by adding “or birth certificate” after “record of birth”.

5 Section 9.2 is repealed.

6 Section 9.3 is repealed.


Cancellation for misrepresentation or error

12.1(1) The Minister may, on 15 days’ notice in writing to the holder of an identification card and on providing the card holder with the opportunity to make representations, cancel an identification card on the grounds that

(a) misrepresentations, false information or inaccuracies were contained in

(i) the card holder’s application for the identification card, or

(ii) a document that was provided to the Minister as proof that the card holder was a resident of Alberta,

or

(b) an error was made in issuing the identification card.

(2) Notice under subsection (1) may be sent by ordinary mail to the postal address provided by the card holder on the application for the identification card and shall be deemed to have been received 5 days after the date on which it was mailed.

(3) Unless the Act or this Regulation requires otherwise, the holder of an identification card that is cancelled under subsection (1) shall return the card to the Minister immediately.


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8 Section 13 is amended by striking out “section 4(3) or 9(2)” and substituting “section 4(3), 9(2) or 12.1”.



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Traffic Safety Act

OPERATOR LICENSING AND VEHICLE CONTROL AMENDMENT REGULATION

Filed: June 5, 2018

For information only: Made by the Minister of Service Alberta (M.O. SA:018/2018) on June 5, 2018 pursuant to section 64(a) of the Traffic Safety Act.

1 The Operator Licensing and Vehicle Control Regulation (AR 320/2002) is amended by this Regulation.


(a) by repealing clause (v.1) and substituting the following:

(v.1) “record of birth” means a record of birth issued in accordance with the Vital Statistics Act;

(b) in clause (x.2)

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

(ii) the sex on the person’s record of birth or birth certificate,

(ii) by adding “or” at the end of subclause (iii);

(iii) by adding the following after subclause (iii):


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(iv) the sex (M, F or X) of a person as declared to the Registrar;


(5) The Registrar shall not issue a learner’s operator’s licence with the sex of the applicant listed as “X” to any person under the age of 18 years, except following the approval of an application for amendment of sex on an operator’s licence pursuant to section 20.1.


(5) The Registrar shall not issue an operator’s licence with the sex of the applicant listed as “X” to any person under the age of 18 years, except following the approval of an application for amendment of sex on an operator’s licence pursuant to section 20.1.

5 Section 20.1 is amended

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

(a) the person’s record of birth has been amended in accordance with the Vital Statistics Information

Regulation,

(b) in subsection (2) by adding “or birth certificate” after “record of birth”.

6 Sections 20.2 and 20.3 are repealed.



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Vital Statistics Act

VITAL STATISTICS MINISTERIAL REGULATION

Filed: June 5, 2018

For information only: Made by the Minister of Service Alberta (M.O. SA:019/2018) on May 29, 2018 pursuant to section 77 of the Vital Statistics Act.

Table of Contents

1 Definitions

2 Birth registration document and stillbirth registration document

3 Notice of birth and notice of stillbirth

4 Evidence required for registration of a non-hospital birth

within one year

5 Evidence required to amend a first name on a birth record

6 Evidence required to amend a last name on a birth record

7 Evidence required to amend a name on a birth record to a cultural

mononym

8 Evidence required to amend a name on a stillbirth record to a

cultural mononym

9 Evidence required for other amendments to a birth record

10 Evidence required for registration of a birth after one year

11 Evidence required to add a parent to a record of

birth or stillbirth after one year

12 Adoption order from a jurisdiction other than Alberta

13 Order to disclose pre-adoption information

14 Rescinding an adoption order

15 Order to disclose pre-surrogacy information

16 Evidence required to amend a name on a stillbirth record

17 Evidence required for registration of a stillbirth after one year

18 Marriage registration document

19 Registrar’s discretion to register a marriage

20 Evidence required for registration of marriage after one year

21 Order to annul a marriage

22 Proof of identity — electronic registration systems and transactions

23 Proof of identity — general

24 Proof of applicant’s eligibility to change a person’s name

25 General consent

26 Waiving consent

27 Evidence required for registration of a death after one year

28 Evidence required for registration of death of an unidentified body

after one year

29 Burial permits

30 Disinterment and reinterment permit

31 Disinterment permit for an unidentified body

32 Certificates

33 Handling of documents


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34 Fees

35 Transitional

36 Repeal

37 Expiry

38 Coming into force

Schedule

Definitions

1 In this Regulation,

(a) “Act” means the Vital Statistics Act;

(b) “next of kin” in relation to a person means the parents, children, siblings, spouse and adult interdependent partner of the person.

Birth registration document and stillbirth registration document

2(1) A birth registration document referred to in section 3 of the Act must be completed and delivered to the Registrar in a form satisfactory to the Registrar within 10 days after the date of a birth.

(2) A stillbirth registration document referred to in section 19(2)(c) or (4) of the Act must be completed and delivered to the Registrar in a form satisfactory to the Registrar within 10 days after the date of a stillbirth.

Notice of birth and notice of stillbirth

3(1) A notice of birth referred to in section 4 of the Act must be completed and delivered to the Registrar in a form satisfactory to the Registrar within 10 days after the date of a birth.

(2) A notice of stillbirth referred to in section 19(2)(a) and (4) of the Act must be completed and delivered to the Registrar in a form satisfactory to the Registrar within 10 days after the date of a stillbirth.

Evidence required for registration of a non-hospital birth

within one year

4(1) If a notice of birth is received within one year of the date of birth and is not completed by a physician, nurse, nurse practitioner, midwife or hospital administrator, the evidence required for the registration of the birth in accordance with section 5 of the Act is as follows:

(a) if the person who gave birth and the child were examined by a physician, nurse, nurse practitioner or midwife within 48 hours after the birth, a letter signed by the hospital



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administrator, a physician, nurse, nurse practitioner or midwife that

(i) establishes the full name of the person who gave birth,

(ii) states that the person referred to in subclause (i) gave birth to the child,

(iii) states the date and place of birth of the child, the child’s sex and, if known, the child’s full name,

(iv) states the full name of the physician, nurse, nurse practitioner or midwife who examined the person who gave birth and the child,

(v) states the date on which the person who gave birth and the child were examined, and

(vi) provides the full name and contact information of the person who wrote the letter;

(b) if the person who gave birth and the child were not examined by a physician, nurse, nurse practitioner or midwife as set out in clause (a), or if the letter referred to in clause (a) cannot be obtained, evidence satisfactory to the Registrar that establishes

(i) that the person who gave birth was pregnant at the relevant time,

(ii) that the person who gave birth was present in Alberta at the time of the child’s birth,

(iii) that the child was born alive, and

(iv) the child’s sex.

(2) For the purposes of subsection (1)(b), an Alberta court order may be used as evidence of the birth of a child if the order contains the following information and indicates that the court is satisfied that the information is correct:

(a) the legal name of the person who gave birth;

(b) the child’s full name;

(c) the child’s sex;

(d) the child’s date of birth;

(e) that the child was born alive;



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(f) that the person named in the order gave birth to the child whose birth is to be registered;

(g) the child’s place of birth in Alberta.

Evidence required to amend a first name on a birth record

5(1) The evidence required to amend the first name of a person as shown on the person’s birth record for the purposes of section 15(1)(a) of the Act, or to establish a first name for a person on the person’s birth record for the purposes of section 15(1)(b) of the Act, is,

(a) in the case of a child under 12 years of age, an affidavit from the applicant stating that the person is known by a different first name than the one that appears on the person’s birth record or, where no first name appears on the person’s birth record, that a first name has been established for the person, or

(b) if the person is 12 years of age or older, a document made pursuant to an event occurring prior to the person’s 12th birthday that shows the first name the person used and the person’s date of birth or age at the time the document was made.

(2) The documents that may be used as evidence for the purposes of subsection (1)(b) include the following if they demonstrate to the satisfaction of the Registrar that the first name that the person is known by is the first name of the person:

(a) a copy of a religious record;

(b) a copy of a health record;

(c) an original birth certificate;

(d) a copy of a school record;

(e) any other documentary evidence of the first name the person uses that is satisfactory to the Registrar.

(3) The documents listed in subsection (2) must show a last name for the person, and that last name must be the same as that shown on the person’s birth record.

(4) Each document listed in subsection (2) that is provided as evidence for the purposes of subsection (1) must contain or have attached to it the contact information of the person or organization that provided it.



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(5) For the purposes of section 15(3)(c) of the Act, an affidavit required under section 15(7) of the Act may be signed by

(a) a relative of the deceased,

(b) a personal representative, an executor or an administrator of the deceased person’s estate,

(c) a person authorized to make the application by an Alberta court order issued within one year of the application, or

(d) any other person satisfactory to the Registrar.

(6) Despite subsection (7), for the purposes of subsection (5), proof of death of the child, parents and guardians is required.

(7) For the purposes of subsection (5)(c), the order must

(a) identify the person whose birth record is being amended,

(b) identify the person authorized to make the application, and

(c) confirm the death of the child, parents and guardians pursuant to section 15(3)(c) of the Act.

Evidence required to amend a last name on a birth record

6(1) The evidence required to amend the last name of a person as shown on the person’s birth record may be provided by, and the affidavit required under section 60 of the Act may be signed by,

(a) if the person whose birth record is being amended is younger than 18 years of age,

(i) the parents recorded on the birth record of the person whose birth record is being amended and all guardians of the person whose birth record is being amended, or

(ii) at the discretion of the Registrar, the person,

or

(b) if the person whose birth record is being amended is 18 years of age or older,

(i) the person, or

(ii) an adult, with the consent of the person.

(2) If the person whose birth record is being amended is deceased, the affidavit required under section 60 of the Act may be signed by



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(a) the parents recorded on the birth record of the person whose birth record is being amended and all guardians at the time of death of the person whose birth record is being amended, or

(b) a person satisfactory to the Registrar.

(3) The affidavit required under section 60 of the Act must be accompanied by

(a) for the purposes of subsections (1)(a)(i) and (2)(a), documentary proof of guardianship,

(b) for the purposes of subsection (1)(b)(ii), the consent of the person in a form established by the Registrar, and

(c) for the purposes of subsection (2), documentary proof of the person’s death.

Evidence required to amend a name on a birth record

to a cultural mononym

7(1) The evidence required to amend the name of a person as shown on the person’s birth record may be provided by, and the affidavit required under section 60 of the Act may be signed as follows:


(i) the parents recorded on the birth record of the person whose birth record is being amended and all guardians of the person whose birth record is being amended, or

(ii) the person, at the discretion of the Registrar;


(i) the person, or


(2) If the person whose birth record is being amended is deceased, the affidavit required under section 60 of the Act may be signed by

(a) the parents recorded on the birth record of the person and all guardians at the time of death of the person, or


(3) The affidavit required under section 60 of the Act must be accompanied by



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(a) for the purposes of subsection (1)(a)(i) and (2)(a), documentary proof of guardianship,

(b) for the purposes of subsection (1)(b)(ii), the consent of the person in a form established by the Registrar, and


Evidence required to amend a name on a stillbirth

record to a cultural mononym

8 The evidence required to amend the name of a stillborn child on their stillbirth record may be provided by, and the affidavit required under section 60 of the Act may be signed by, the parents recorded on the stillbirth record being amended.

Evidence required for other amendments to a birth record

9(1) The supporting evidence required for an amendment to a birth record that is not otherwise specified in this Regulation may be provided by, and the affidavit required under section 60 of the Act may be signed by,


(i) the person’s parent, if the name of that parent is recorded on the person’s birth record,

(ii) the person’s guardian, or

(iii) at the discretion of the Registrar, the person,

and


(i) the person, or


(2) If the person whose birth record is to be amended is deceased, an affidavit may be signed by

(a) the person who is a parent of the deceased person,

(b) a person who, at the time of death, was a guardian of the deceased person,



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(c) the next of kin of the deceased person,

(d) a personal representative, an executor or an administrator of the deceased person’s estate,

(e) the Public Trustee for the purpose of complying with the Public Trustee Act,

(f) the Public Trustee of another province or territory,

(g) the agent of a Public Trustee, or

(h) a person satisfactory to the Registrar.

(3) The affidavit must be accompanied with

(a) for the purposes of subsection (1)(a)(ii) and (2)(b), documentary proof of guardianship,

(b) for the purposes of subsection (1)(b)(ii), the consent of the person in the form established by the Registrar, and


Evidence required for registration of a birth after one year

10(1) For the purpose of section 6 of the Act, the supporting evidence required for the registration of a birth after one year from the date of the birth is either

(a) a copy of a medical record of the birth, including but not limited to a notice of birth, or a copy of the record of the physician, nurse, nurse practitioner or midwife in attendance at the birth, that is satisfactory to the Registrar, and that contains, in respect of the person whose birth is to be registered,

(i) full name,

(ii) sex,

(iii) the date and place of birth,

(iv) the full name of the person who gave birth, and

(v) the date the events recorded in the document occurred,

or



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(b) at least 2 of the documents respecting the birth listed in subsection (5).

(2) An affidavit for the purposes of section 6(b) of the Act may be signed by

(a) if the person whose birth is being registered is younger than 18 years of age,

(i) the person’s parent, if the name of the parent is to be recorded on the registration of the person’s birth,

(ii) the person’s guardian, or

(iii) at the discretion of the Registrar, the person,

and

(b) if the person whose birth is being registered is 18 years of age or older,

(i) the person, or


(3) If the person whose birth is being registered is deceased, an affidavit for the purposes of section 6(b) of the Act may be signed by

(a) the person who gave birth to the deceased,

(b) a person who was a guardian of the deceased at the time of death,

(c) the other parent being recorded on the birth registration of the deceased in accordance with section 11,

(d) an adult who is a relative of the deceased,

(e) a personal representative, an executor or an administrator of the deceased person’s estate,

(f) the Public Trustee for the purpose of complying with the Public Trustee Act,

(g) the Public Trustee of another province or territory.

(h) the agent of a Public Trustee, or

(i) a person satisfactory to the Registrar.

(4) The affidavit must be accompanied with



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(a) for the purposes of subsection (2)(a)(ii) and (3)(b), documentary proof of guardianship,

(b) for the purposes of subsection (2)(b)(ii), the consent of the person in the form established by the Registrar,

(c) for the purposes of subsection (3), documentary proof of the person’s death, and

(d) for the purposes of subsection (3)(d) to (i), documentary proof of the applicant’s relationship to the deceased person.

(5) At least 2 of the following documents that meet the requirements of subsections (6) and (7) and that are satisfactory to the Registrar must be submitted to the Registrar as supporting evidence under subsection (1)(b):

(a) a copy of an insurance policy on the life of the person that was taken out before the person was 12 years old;

(b) a copy of a record from

(i) a child welfare organization under the Child, Youth and

Family Enhancement Act, or

(ii) an equivalent organization of another province or territory;

(c) a copy of a document issued by the federal or a provincial or municipal government;

(d) a copy of a school record;

(e) a copy of an immigration or consular record;

(f) a copy of a health record;

(g) a copy of a marriage record issued by the Registrar in respect of the person, or a copy of a valid certificate or other proof of marriage issued in accordance with the laws of the jurisdiction where the marriage occurred;

(h) affidavits signed by 2 persons, stating

(i) that the person signing the affidavit saw the child within 3 months after the date of birth,

(ii) the date of birth of the person whose birth is to be registered and the place in Alberta where the birth occurred, to the best of the knowledge and belief of the person making the affidavit, and



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(iii) the source of the knowledge or belief of the person signing the affidavit regarding the information referred to in subclause (ii);

(i) a copy of a religious record that provides or accompanies the name and contact information of the religious organization that is responsible for the document and that is satisfactory to the Registrar;

(j) any other documentary evidence of the birth of the person whose birth is to be registered that is satisfactory to the Registrar.

(6) The documents submitted to the Registrar as supporting evidence under subsection (1)(b) must include the date on which the events recorded in the documents occurred and must cumulatively establish the following in respect of the person whose birth is being registered, to the satisfaction of the Registrar:

(a) the full name of the person who gave birth;

(b) the date of the person’s birth or the age of the person when the event occurred;

(c) the person’s full name;

(d) the person’s place of birth;

(e) the person’s sex.

(7) A document referred to in subsection (1)(b) must,

(a) in respect of a child under the age of 12, cumulatively establish to the satisfaction of the Registrar

(i) that the person who gave birth was pregnant at the relevant time,

(ii) that the person who gave birth was in Alberta at the time of the child’s birth, and

(iii) that the child was born alive,

and

(b) in respect of a child 12 years of age or older, deal with events that occurred at least 5 years before the application for registration.

(8) The 2 affidavits referred to in subsection (5)(h) together constitute one item of evidence for the purposes of subsection (1)(b).



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(9) An Alberta court order may be used as evidence for the purposes of this section if the court order contains the following information and indicates that the court is satisfied that the information is correct:

(a) the legal name under which the person is to be registered;

(b) that the person named in the order was born alive in Alberta and on a date specified in the order;

(c) that the person is alive or deceased, as the case may be, at the time of the making of the order;

(d) the sex of the person named in the order;

(e) the legal name of the person who gave birth;

(f) the legal name of the other parent if that parent is being recorded on the birth registration document.

Evidence required to add a parent to a record of

birth or stillbirth after one year

11 For the purposes of sections 6 and 19(4) of the Act,

(a) if both the parent who gave birth and the other parent sign the registration document referred to in section 6(c)(i) or 19(2)(c) of the Act, no further supporting evidence is required to add the particulars of a parent to a record of birth or stillbirth after one year from the date of the birth, and

(b) in any other case, the supporting evidence required to add the particulars of a parent to a record of birth or stillbirth after one year from the date of the birth is

(i) the relevant information and supporting evidence referred to in section 11 of the Act,

(ii) an Alberta court order that meets the requirements under section 10(9), setting out the particulars of a parent to be added to the record of birth or stillbirth, and

(iii) an affidavit setting out the evidence required in support of a presumption of parentage under section 8 or 8.1 of the Family Law Act.

Adoption order from a jurisdiction other than Alberta

12 For the purposes of section 16(3) of the Act, the Registrar must be satisfied as to the following:



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(a) the identity of the person being adopted;

(b) the person’s legal name after adoption;

(c) the date of the order, judgment or decree of adoption;

(d) the full name of the adoptive parent or parents.

Order to disclose pre-adoption information

13 For the purposes of section 17(1)(c) of the Act, an Alberta Court of Queen’s Bench order authorizing the release of a copy of an original birth record must contain the following to the satisfaction of the Registrar:

(a) the identity of the adopted person;

(b) the full name of the person to whom the pre-adoption information is to be released.

Rescinding an adoption order

14 For the purposes of section 16.1 of the Act, a court order rescinding an adoption order must contain the following to the satisfaction of the Registrar:

(a) the identity of the adopted person;

(b) the date that the adoption that is being rescinded was filed in court;

(c) the identity of the adoptive parent or parents whose status as adoptive parents is rescinded by the order.

Order to disclose pre-surrogacy information

15 For the purposes of section 14(2)(b) of the Act, an Alberta Court of Queen’s Bench order authorizing the release of a copy of an original birth record must contain the following to the satisfaction of the Registrar:

(a) the identity of the person whose birth was registered as a surrogacy;

(b) the full name of the person to whom the pre-surrogacy information is to be released.



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Evidence required to amend a name on a stillbirth record

16(1) The name of a stillborn child as shown on a stillbirth record may be amended by a parent of the child.

(2) The evidence required in support of an application referred to in subsection (1) is an affidavit signed by the applicant setting out the name of the child.

(3) For the purposes of section 15(3)(c) of the Act, if the parents are deceased, an application may be made by

(a) a person named in a court order that authorizes the application, or


(4) For the purposes of subsection (3), proof of death of the parent or parents is required.

Evidence required for registration of a stillbirth after one year

17(1) For the purposes of section 6 and section 19(4) of the Act, the supporting evidence required for the registration of a stillbirth after one year from the date of the stillbirth is sufficient documentary evidence listed in subsection (2) respecting the stillbirth to establish to the satisfaction of the Registrar

(a) the full name of the stillborn child, if known,

(b) the date and place of the stillbirth,

(c) the full name of the person who gave birth to the stillborn child, and

(d) the date the events recorded in the document occurred.

(2) The documents that may be submitted to the Registrar as supporting evidence for the Registrar’s consideration under subsection (1) are as follows:

(a) a copy of the medical record of the stillbirth;

(b) a copy of the record of a medical examiner or attending physician in respect of the stillbirth;

(c) a copy of the record of the funeral director in respect of the stillborn;

(d) a copy of the burial permit in respect of the stillborn;



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(e) a copy of the disposition record in respect of the stillborn;

(f) a copy of the cemetery or crematorium record in respect of the stillborn;

(g) any other documentary evidence that is satisfactory to the Registrar.

(3) An Alberta court order may be used as evidence for the purposes of this section if the court order contains the following information and indicates that the court is satisfied that the information is correct:

(a) that the child named in the order was stillborn in Alberta and on the date specified in the order;

(b) the legal name of the person who gave birth;

(c) the legal name of the other parent if the other parent is to be recorded on the stillbirth record.

Marriage registration document

18 In the case of a marriage that occurred after September 1, 1998, the Registrar must be satisfied as to the following information for the purposes of sections 20 and 21 of the Act:

(a) a valid marriage licence was issued for the date on which the marriage occurred;

(b) the full name of the person who solemnized the marriage and that the person was, on the date of the marriage, a person authorized to solemnize marriage in Alberta.

Registrar’s discretion to register a marriage

19(1) For the purposes of sections 20 and 21 of the Act, the Registrar may register a marriage that is in contravention of or does not comply with

(a) sections 13 and 14 of the Vital Statistics Information

Regulation

(i) if the Registrar is satisfied based on the evidence received that the marriage can be registered, or

(ii) if a court order is received stating the marriage is valid despite the contravention or non-compliance,

or



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(b) section 18, if a court order is received stating the marriage is valid despite the contravention or non-compliance.

(2) A court order for the purpose of this section must contain

(a) the date of the marriage,

(b) the place in Alberta where the marriage occurred,

(c) the full names of the parties to the marriage, and

(d) a statement that the marriage is valid.

Evidence required for registration of a marriage after one year

20(1) For the purposes of section 21(c)(ii) of the Act, the supporting evidence required for the registration of a marriage after one year from the date of the marriage is one of the documents respecting the marriage listed in subsection (2) that is satisfactory to the Registrar and contains

(a) the full names of both parties to the marriage,

(b) the date of the marriage and the place in Alberta where the marriage occurred, and

(c) the date on which the event recorded in the document occurred.

(2) The documents that may be submitted to the Registrar as supporting evidence under subsection (1) are as follows:

(a) a copy of the record of the marriage as entered in a marriage register when the marriage occurred or by the person who solemnized the marriage, accompanied by the contact information of the organization or person responsible for the record;

(b) an affidavit signed by the person who solemnized the marriage that contains

(i) the information required under subsection (1), and

(ii) evidence satisfactory to the Registrar

(A) identifying the person who conducted the marriage,

(B) demonstrating that the person who solemnized the marriage was, on the date of the marriage, a person authorized to solemnize a marriage in Alberta, and



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(C) demonstrating compliance with legal requirements applicable to the marriage;

(c) a copy of a proof of marriage document issued under section 11 of the Marriage Act;

(d) any other documentary evidence concerning the marriage to be registered that is satisfactory to the Registrar.

(3) An affidavit for the purposes of section 21(b) of the Act may be made by

(a) a party to the marriage,

(b) the person who solemnized the marriage, or

(c) a person satisfactory to the Registrar.

(4) An order of the Alberta Court of Queen’s Bench may be used as evidence for the purposes of this section if the order contains the following information and indicates that the court is satisfied that the information is correct:

(a) the full names of both parties to the marriage;

(b) that the persons named in the order were married in Alberta and, if known, the place in Alberta where the marriage occurred;

(c) the date when the marriage occurred;

(d) that in the opinion of the court the marriage is valid.

Order to annul a marriage

21 For the purposes of section 21.1(1) of the Act, an order, judgment or decree of the Alberta Court of Queen’s Bench respecting an annulment must contain

(a) the full names of both parties to the annulled marriage,

(b) the date of the annulled marriage and the place in Alberta where the annulled marriage occurred, and

(c) a statement confirming that the marriage is annulled.

Proof of identity — electronic registration systems

and transactions

22 Despite section 23, a person wishing to access an electronic application, electronic registration, electronic transaction or other



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electronic service must submit information satisfactory to the Registrar to establish the identity of that person in a manner that is satisfactory to the Registrar.

Proof of identity — general

23(1) Except as provided in section 22, where an applicant for information, services or records is required under the Act or regulations to provide proof of identity, a document that meets the following requirements constitutes acceptable proof of identity:

(a) an original document issued by

(i) the Government of Alberta or the government of another province or territory,

(ii) the Government of Canada, or

(iii) the government of another country;

(b) the document contains

(i) a recognizable photograph of the person it purports to identify,

(ii) the person’s full name, and

(iii) a distinctive identification number;

(c) if the document is one that expires, the document is valid at the time it is presented as proof of identification;

(d) if the document is one that does not expire, the document was issued not more than 5 years prior to the date on which it is presented as proof of identification.

(2) Where a person is unable to provide a document that meets the requirements of subsection (1), the Registrar may accept as proof of identity an order of the Alberta Court of Queen’s Bench if the order

(a) sets out the person’s full name and date of birth,

(b) states that the Court is satisfied that that person’s identity is as set out in the order,

(c) states that the order is issued for the purpose of providing acceptable proof of identity to enable the person to apply for a service under the Act, and

(d) was issued not more than 1 year prior to the date on which it is presented to the Registrar as proof of identity.



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(3) Where an application for a service under the Act is submitted by mail, the applicant must provide as supporting evidence of proof of identity a statutory declaration in the form established by the Registrar that

(a) identifies the type of document that is being used as proof of identity,

(b) confirms that the document is an original,

(c) confirms the name of the provincial, federal or other government that purports to have issued the document,

(d) confirms the person’s full name as it appears on the document,

(e) states the identification number of the document,

(f) confirms that the document contains a photograph of the person, and

(g) if the document

(i) is one that expires, states the expiry date and that the document is currently valid, or

(ii) is one that does not expire, states that the document was issued not more than 5 years prior to the date of the application.

(4) Where a person who is applying for a service under the Act by mail is unable to provide the original of the statutory declaration referred to in subsection (3), the Registrar may, in the Registrar’s discretion, accept a copy, including a facsimile version, of the document.

(5) Where a person who is applying for a service under the Act by mail is unable to provide a statutory declaration that meets the requirements of subsection (3), the Registrar may accept as proof of identity a copy of an order of the Alberta Court of Queen’s Bench that meets the requirements of subsection (2).

Proof of applicant’s eligibility to change a person’s name

24(1) For the purposes of Part 3 of the Act, an applicant seeking to change the name of their spouse in a subsisting marriage, a represented adult, their adult interdependent partner, their child or their ward must provide documentary evidence satisfactory to the Registrar of their eligibility to make the application, in accordance with this section.



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(2) An applicant seeking to change the name of their spouse in a subsisting marriage must provide the following proof of marital status:

(a) if the person was married in Canada, a copy of a valid document issued by the government of that province or territory in which the marriage occurred;

(b) if the person was married outside Canada,

(i) a copy of a valid document issued by the government of the place where the marriage occurred that is equivalent to a document referred to in subclause (a), or

(ii) a copy of an immigration record that shows the marital status of the person and identifies the person’s spouse.

(3) An applicant seeking to change the name of their adult interdependent partner must provide a statutory declaration satisfactory to the Registrar confirming their relationship.

(4) Where a document referred to in subsection (2)(b) cannot be obtained, the applicant must provide to the Registrar an affidavit signed by the applicant that sets out

(a) the full names of the parties to the marriage, the date of the marriage and the place where the marriage occurred, and

(b) the reasons why the document cannot be obtained.

(5) An applicant who is a parent seeking to change the name of their child must provide the following proof of parentage:

(a) if the child was born in Alberta, a valid birth certificate, a certified copy of a birth record or the equivalent document issued under a former Act that shows that the applicant is a parent of the child whose name is to be changed;

(b) if the child was born in another province or territory, a valid document issued by the government of that province or territory that is equivalent to a document referred to in clause (a);

(c) if the child was born outside Canada,

(i) a valid document issued by the government of the place where the birth occurred that is equivalent to a document referred to in clause (a), or



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(ii) an immigration record that identifies the parent and the child if the document shows the parental relationship between the applicant and the child.

(6) Where the document referred to in subsection (5)(c) cannot be provided, the applicant must provide to the Registrar an affidavit signed by the applicant that sets out the following:

(a) the full name of the parent or parents;

(b) the date and place of birth of the child;

(c) the legal name of the child;

(d) the reason why the document referred to in subsection (5)(c) cannot be provided.

(7) An applicant who is a guardian seeking to change the name of a child or represented adult under guardianship must provide proof satisfactory to the Registrar of the guardianship.

General consent

25(1) Unless otherwise provided in the Act or regulations, where a person’s consent is required, the consent must be provided in accordance with this section, in the form established by the Registrar.

(2) The person eligible to provide consent must provide the following information to the satisfaction of the Registrar:

(a) their full name;

(b) their contact information;

(c) their signature;

(d) the date of their signature, which must be within one year of the application;

(e) the full name of the person to whom the consent is being provided and their relationship to that person, where applicable;

(f) the purpose for which the consent is being provided.

(3) The information provided by a person giving consent must be witnessed by a person who

(a) is 18 years of age or older, and

(b) in the opinion of the Registrar,



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(i) is not involved in and does not stand to benefit or be impacted by the application or service being requested, and

(ii) is not otherwise in a conflict of interest with respect to the application or service being requested.

(4) A witness to a person’s consent must provide the following information to the satisfaction of the Registrar:



(c) their relationship to the person providing consent;

(d) their signature;

(e) the date of their signature, which must be within one year of the application.

Waiving consent

26 For the purposes of section 51.2 of the Act, the Registrar may conclude that

(a) a child is unable to give consent, on receipt of an affidavit satisfactory to the Registrar,

(b) a represented adult is unable to give consent, when there is a guardianship order in effect under Part 2, Division 3 of the Adult Guardianship and Trusteeship Act or under the equivalent legislation of another jurisdiction, and

(c) the child or represented adult is unable to give consent, if the Registrar is provided any other documentary evidence demonstrating the incapacity to the satisfaction of the Registrar.

Evidence required for registration of a death after one year

27(1) For the purposes of section 35(c)(ii) of the Act, the supporting evidence required for the registration of a death after one year from the date of the death is sufficient documentary evidence listed in subsection (2) respecting the death to establish to the satisfaction of the Registrar

(a) the full name of the deceased,



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(b) the date of death and the place in Alberta where the death occurred, and

(c) the date on which the events recorded in the document occurred.

(2) The documents that may be submitted for the Registrar’s consideration as supporting evidence under subsection (1) are as follows:

(a) a copy of the medical record of the death;

(b) a copy of the record of a medical examiner or attending physician;

(c) a copy of the record of the funeral director in respect of the deceased;

(d) a copy of the burial permit in respect of the deceased;

(e) a copy of the disposition record in respect of the deceased;

(f) a copy of the cemetery or crematorium record in respect of the deceased;

(g) any other document or information satisfactory to the Registrar.

(3) An order of the Alberta Court of Queen’s Bench may be used as evidence for the purposes of this section if the court order contains the following information and indicates that the court is satisfied that the information is correct:

(a) the full name of the deceased;

(b) the date when the death occurred;

(c) the place in Alberta where the death occurred, if known;

(d) the age of the deceased, if known.

Evidence required for registration of death

of an unidentified body after one year

28(1) Despite section 27, the evidence required for the registration of death of an unidentified body after one year is the medical certificate of death completed in accordance with the Vital Statistics Information

Regulation.

(2) An affidavit under section 35 of the Act is not required for the registration of death of an unidentified body.



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Burial permits

29(1) A hospital administrator, a funeral director or the Registrar may issue a burial permit in respect of a stillborn child only if the hospital administrator, the funeral director or the Registrar is satisfied that

(a) the notice of stillbirth, the stillbirth registration document and the medical certificate of stillbirth or interim medical certificate of stillbirth have been completed in accordance with the Act, this Regulation and the Vital Statistics

Information Regulation, and

(b) the information contained in the notice of stillbirth, the stillbirth registration document and the medical certificate of stillbirth or interim medical certificate of stillbirth is accurate and sufficient.

(2) A hospital administrator, a funeral director or the Registrar may issue a burial permit in respect of a deceased person only if the hospital administrator, the funeral director or the Registrar, as the case may be, is satisfied that

(a) the death registration document and medical certificate of death or interim medical certificate of death have been completed in accordance with the Act, this Regulation and the Vital Statistics Information Regulation, and

(b) the information contained in the death registration document and medical certificate of death or interim medical certificate of death is accurate and sufficient.

Disinterment and reinterment permit

30(1) In this section, “living with the deceased” includes a situation where

(a) the deceased resided before death in a care facility for health reasons and the spouse or adult interdependent partner of the deceased continued to provide the usual support customarily associated with couples intending to continue a relationship, or

(b) the deceased and the spouse or adult interdependent partner of the deceased were living apart at the time of death due only to circumstances other than a breakdown of their relationship.

(2) An application for a disinterment and reinterment permit in accordance with sections 42 and 43 of the Act may be made by persons in the following order of priority:



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(a) a personal representative, an executor or an administrator of the deceased person’s estate;

(b) the spouse or adult interdependent partner of the deceased if the spouse or adult interdependent partner was living with the deceased at the time of death;

(c) an adult child of the deceased;

(d) a parent of the deceased;

(e) a person who was a guardian of the deceased at the time of death

(i) under the Adult Guardianship and Trusteeship Act or, if the deceased is a minor, under the Child, Youth and

Family Enhancement Act or the Family Law Act, or

(ii) under the equivalent legislation of another province or territory;

(f) an adult grandchild of the deceased;

(g) an adult sibling of the deceased;

(h) an adult child of a sibling of the deceased;

(i) the Public Trustee or the agent of a Public Trustee;

(j) an adult person having an interest in the deceased or the estate of the deceased;

(k) the Minister of the Government of Alberta who authorized funding for the burial of the deceased.

(3) If, under subsection (2)(a) or (c) to (h), there is more than one person of equal rank eligible to apply for a disinterment and reinterment permit,

(a) all of the eligible persons of equal rank who are willing to act must agree to the application, or

(b) subsection (9) applies.

(4) Subject to subsection (5),

(a) if there is only one person in the highest eligible rank having the right to apply for a disinterment and reinterment permit under this section and that person is unwilling to act,

(i) their interest is waived, and



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(ii) the right to apply for a disinterment and reinterment permit under this section passes to available persons, if any, in the next eligible rank,

and

(b) if there is more than one person in the highest eligible rank having the right to apply for a disinterment and reinterment permit under this section,

(i) the interest of any eligible person in that rank who is unwilling to act is waived, and

(ii) an application can be made by the joint agreement of all the eligible persons in that rank who are willing to act.

(5) If a person in the highest eligible rank objects to the proposed disinterment and reinterment, and any other persons in that rank with the right to apply wish to apply for a disinterment, subsection (9) applies.

(6) The information that must be provided by an applicant for a disinterment and reinterment permit is,

(a) in respect of the applicant,

(i) the applicant’s full name and contact information,

(ii) the provision of subsection (2) that authorizes the applicant to make the application, and

(iii) the applicant’s signature.

(b) in respect of any person or business who submits the application on behalf of the applicant, the full name and contact information of the person or business,

(c) in respect of the deceased,

(i) the deceased person’s full name,

(ii) the date of death and the place where the death occurred,

(iii) the name and location where the deceased is currently interred,

(iv) the name and location of the cemetery, crematorium or other place of disposition where the deceased person’s remains will be disposed, and



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(v) the full name and contact information of the person to whom the disinterment permit is to be delivered,

and

(d) any other information required by the Registrar.

(7) An application under subsection (6) must be in the form of an affidavit.

(8) This section applies, with any necessary modifications, to an application for a permit that is limited to

(a) the disinterment of a dead human body under section 42 of the Act, or

(b) the reinterment of a dead human body under section 43(3) of the Act.

(9) Where

(a) there is a dispute concerning a disinterment and reinterment permit under this section,

(b) a person whose agreement is required is unavailable, or

(c) the Registrar otherwise considers appropriate,

an applicant may apply to the Alberta Court of Queen’s Bench for an order in respect of the application.

(10) An order referred to in subsection (9) must

(a) identify the deceased,

(b) indicate whether the Registrar should issue or refuse to issue a disinterment and reinterment permit or a permit that is limited to

(i) the disinterment of a dead human body under section 42 of the Act, or

(ii) the reinterment of a dead human body under section 43(3) of the Act,

and

(c) indicates, if a permit is to be issued under this section, the applicant to whom the permit should be issued.



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Disinterment permit for an unidentified body

31(1) An application for a disinterment permit for an unidentified body may be made by a person who

(a) completes an application in the form established by the Registrar, and

(b) provides a copy of an order of the Alberta Court of Queen’s Bench authorizing the issuance of a disinterment permit.

(2) The order referred to in subsection (2)(b) must contain

(a) the location of the unidentified body to be disinterred,

(b) the arrangements that have been made for reinterment or other disposition of the unidentified body, including the location of the reinterment,

(c) evidence, to the satisfaction of the Registrar, to distinguish the unidentified body from other bodies, and

(d) the name of the person to whom the permit is to be issued.

Certificates

32(1) At the Registrar’s discretion, the information that may appear

on certificates issued pursuant to section 48 of the Act is,

(a) for a birth certificate,

(i) the legal name of the person as recorded on the birth record,

(ii) the date of birth and the place in Alberta where the person was born,

(iii) the sex of the person,

(iv) the full names and places of birth of the persons listed as parents on the person’s birth record,

(v) the date on which the person’s birth was registered,

(vi) the registration number assigned to it, and

(vii) the date on which the certificate was issued;

(b) for a marriage certificate,

(i) the full names of the spouses as recorded on the marriage record,



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(ii) the date of the marriage and the place in Alberta where the marriage occurred,

(iii) the places of birth of the spouses,

(iv) the date on which the marriage was registered,

(v) the registration number assigned to it, and

(vi) the date on which the certificate was issued;

(c) for a certificate of death,

(i) the full name of the deceased as recorded on the death record,

(ii) the age of the deceased at the time of death,

(iii) the sex of the deceased,

(iv) the marital status of the deceased at the time of death,

(v) the usual place of residence of the deceased prior to death,

(vi) the date of death and the place in Alberta where the death occurred,

(vii) the date on which the death was registered,

(viii) the registration number assigned to it, and

(ix) the date on which the certificate was issued;

(d) for a certificate of change of name,

(i) the previous full name of the person whose name was changed,

(ii) the new full name of the person whose name was changed,

(iii) the date on which the change of name was registered,

(iv) the registration number assigned to it, and

(v) the date on which the certificate was issued.

(2) If the person in respect of whom a birth certificate or a certified copy of a birth record is being issued is deceased, the Registrar must



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ensure that “Deceased” is printed prominently on the front of the certificate or certified copy of the birth record, as the case may be.

Handling of documents

33(1) A hospital administrator, a funeral director, a nurse practitioner or a midwife must keep in a secure place any of the following forms and documents that are in that person’s possession:

(a) an adequate supply of all blank forms provided by the Registrar;

(b) completed or partially completed birth, stillbirth or death registration documents;

(c) completed or partially completed notices of birth or stillbirth;

(d) completed or partially completed medical certificates or interim medical certificates of death or stillbirth;

(e) any other forms or evidence with respect to any document referred to in clauses (b) to (d).

(2) A hospital administrator, a funeral director, a nurse practitioner or a midwife must, at least once a week, deliver to the Registrar the completed documents referred to in subsection (1)(b) to (d) and any other forms or accompanying evidence referred to in subsection (1)(e) required by the Registrar.

(3) A hospital administrator, a funeral director, a nurse practitioner or a midwife must ensure that

(a) only the current forms established by the Registrar are used for purposes of the Act, this Regulation and the Vital

Statistics Information Regulation,

(b) forms that are no longer current are destroyed by being shredded by the hospital administrator, the funeral director, the nurse practitioner or the midwife or by a bonded company engaged by the hospital administrator, the funeral director, the nurse practitioner or the midwife, and

(c) any vital statistics information that may be in their possession but which is not needed for the performance of their duties under the Act is

(i) in the case of a paper record, destroyed by being shredded by the hospital administrator, the funeral director, the nurse practitioner or the midwife or by a bonded company engaged by the hospital administrator,



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the funeral director, the nurse practitioner or the midwife, or

(ii) in the case of an electronic record,

(A) properly disposed of by the hospital administrator, nurse practitioner or midwife, in accordance with the Health Information Act, or

(B) permanently deleted by the funeral director, so as to prevent any reasonably anticipated unauthorized use or disclosure or unauthorized access to the information following its disposal.

(4) A hospital administrator, a funeral director, a nurse practitioner or a midwife may not charge a fee for the performance of a duty under the Act, this Regulation or the Vital Statistics Information Regulation.

Fees

34(1) The fees for services under the Act are set out in the Schedule to this Regulation.

(2) No fees may be charged for

(a) an amendment to a record if the amendment is requested within 90 days of the birth, marriage, death or stillbirth,

(b) issuing a replacement document to a person because the previously issued document contained information inconsistent with that on the record, on the return of the previously issued document,

(c) an amendment to a death record in respect of a person who was originally registered as an unidentified body but who has subsequently been identified, or

(d) an amendment to a death record in respect of a person who was originally registered as a person presumed dead and whose body has subsequently been found.

(3) The Registrar may, in the Registrar’s discretion,

(a) enter into an agreement with an applicant seeking information under section 41 of the Vital Statistics

Information Regulation, including the fees to be charged, if any, and

(b) include provisions in an agreement with an applicant seeking information under section 42 of the Vital Statistics



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Information Regulation concerning the fees to be charged, if any.

(4) The Registrar may, in the Registrar’s discretion, waive all or any part of a fee listed in the Schedule.

Transitional

35(1) All registrations, applications and information submitted to the Registrar on or before the coming into force of this regulation shall proceed and be used as if the registration, application or information had been submitted under this regulation.

(2) Following the coming into force of this regulation the Registrar may, in the Registrar’s discretion, accept a registration, application or information submitted to the Registrar in the form required immediately before the coming into force of this regulation.

(3) The Registrar may request additional information consistent with the Act, this Regulation or the Vital Statistics Information Regulation, with respect to any registration, application or information referred to in this section.

Repeal

36 The Vital Statistics Ministerial Regulation (AR 12/2012) is repealed.

Expiry

37 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 October 31, 2021.

Coming into force

38 This Regulation comes into force on the coming into force of section 38 of the Vital Statistics and Life Events Modernization Act, SA 2016 c26.

Schedule

Fees

1 Fee for registration after one year from the date of

birth $ 20 stillbirth 20



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marriage 20 death 20

2 Fee to amend

a birth registration record 20 a stillbirth registration record 20 a marriage registration record 20 a death registration record 20

3 Fee for registration of change of name 120

4 Fee for a search of

registration records and report, for each name 20

5 Fee for a certificate of

birth 20 marriage 20 death 20 change of name 20

6 Fee for certified copies of a registration record, or an extract from it, of

birth 20 stillbirth 20 marriage 20 death 20

7 Fee for a certified copy of a medical or interim medical certificate of

death or stillbirth 20

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


Traffic Safety Act

BILL OF LADING AND CONDITIONS OF CARRIAGE AMENDMENT REGULATION

Filed: June 7, 2018

For information only: Made by the Minister of Transportation (M.O. 06/18) on June 5, 2018 pursuant to section 156 of the Traffic Safety Act.

1 The Bill of Lading and Conditions of Carriage Regulation (AR 313/2002) is amended by this Regulation.



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(a) in subsection (1) by striking out “Livestock

Identification and Brand Inspection Act” and substituting “Livestock Identification and Commerce Act”;


(7) A livestock manifest or permit referred to in subsection (1) shall be in the form prescribed in the Livestock Identification

and Commerce General Regulation (AR 208/2008) under the Livestock Identification and Commerce Act.


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


Vital Statistics Act

VITAL STATISTICS INFORMATION REGULATION

Filed: June 7, 2018

For information only: Made by the Lieutenant Governor in Council (O.C. 193/2018) on June 7, 2018 pursuant to section 76 of the Vital Statistics Act.

Table of Contents

1 Definitions

Registration Information and

Application Requirements

2 Birth and stillbirth registration

3 Information required for a birth registration document

4 Birth registration document in respect of adoption

5 Birth registration document in respect of surrogacy

6 Notice of birth or stillbirth

7 Registration of a birth after one year

8 Information required for a stillbirth registration document

9 Medical certificate of stillbirth

10 Conflicting information

11 Interim medical certificate of stillbirth

12 Registration of a stillbirth after one year

13 Information required for a marriage registration document



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14 Registration of a marriage after one year

15 Information required for a change of name

16 Non-binary identifier

17 Amendment of sex on a birth record — eligibility to apply

18 Amendment of sex on a birth

record — affidavit requirement

19 Amendment of sex on a birth record — information for

minors less than 12 years of age

20 Registrar’s powers and duties

21 Information required to amend the sex on the

record of a subsisting marriage

22 Information required for a death registration document

23 Information required for registration of death in respect

of an unidentified body

24 Information required for registration of a presumed death

25 Registration of a death after one year

26 Medical certificate of death

27 Conflicting information

28 Interim medical certificate of death

29 Delivery to the Registrar

30 General consent

31 Waiving consent

Release of Information

32 Application

33 Designated agent

34 Birth certificate or certified copy of a birth record

35 Marriage certificate or certified copy of a marriage record

36 Death certificate or certified copy of a death record

37 Certified copy of a stillbirth record

38 Certified copy of a medical certificate or an interim

medical certificate of stillbirth or death

39 Certificate of change of name

40 Search of registration records

41 Release of information

42 Duties of researcher

Transitional

43 Transitional

Repeal, Expiry and Coming into Force

44 Repeal

45 Expiry


Definitions

1 In this Regulation,



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(a) “Act” means the Vital Statistics Act;

(b) “medical certificate” includes a final medical certificate and an interim medical certificate, unless otherwise specified;

(c) “next of kin” in relation to a person means the parents, children, siblings, spouse and adult interdependent partner of the person.

Registration Information and Application Requirements

Birth and stillbirth registration

2(1) In this section, “incapable” means

(a) unable because of death,

(b) unable because of a mental or physical disability, or

(c) that the Registrar is otherwise satisfied that a person is unable.

(2) For the purposes of sections 3 and 19(2)(c)(i) of the Act, the person who gave birth and the other parent must complete and deliver the following to the Registrar:

(a) a birth registration document for the registration of the child born in Alberta;

(b) a stillbirth registration document for the registration of a child stillborn in Alberta.

(3) If the other parent of the child is not known to or is unacknowledged by the person who gave birth to the child, the person who gave birth shall complete and sign the registration document.

(4) The particulars of the other parent of a child may be registered only if the other parent is not a surrogate or adoptive parent and

(a) if both the person who gave birth and the other parent determined in accordance with section 8 or 8.1 of the Family

Law Act sign the registration document, or

(b) if the other parent of a child died after conception but within one year after the birth of the child and the person who gave birth provides an affidavit demonstrating proof of death to the satisfaction of the Registrar.

(5) If the person who gave birth is incapable of completing the registration document, the registration document may be completed,



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subject to subsection (7), by a person who has sufficient knowledge of the child’s birth to provide the information required under section 3, and is

(a) a person who has been appointed guardian of the child pursuant to a guardian order, or

(b) either

(i) the parent of the child, where the parent makes an affidavit setting out the evidence required in support of a presumption of parentage under section 8 or section 8.1 of the Family Law Act, or

(ii) a person who has been granted a declaration of parentage under section 9 of the Family Law Act or an equivalent order from another province or territory of Canada.

(6) If the person who gave birth is incapable of completing the registration document, and a person referred to in subsection (5) is not available to complete the registration document on behalf of the person who gave birth, it may be completed by

(a) the guardian of the person who gave birth, if one has been appointed

(i) by a court in Alberta or by a court in another province or territory of Canada, or

(ii) under the Adult Guardianship and Trusteeship Act or an equivalent enactment of another province or territory of Canada,

(b) the agent of the person who gave birth, if one has been appointed under the Personal Directives Act or an equivalent enactment of another province or territory of Canada, or

(c) the parent or guardian of the person who gave birth, if the person who gave birth is a minor.

(7) A person who completes a registration document on behalf of the person who gave birth under subsection (5) or (6) shall provide a written explanation in the form of an affidavit as to why the person who gave birth is incapable of completing the registration document.

(8) Where the person who gave birth is incapable of completing the registration document, information in respect of the other parent of the child may be provided by a person who meets the requirements set out in subsection (5)(b).



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(9) If a birth or stillbirth takes place in a hospital as defined in section 1 of the Hospitals Act, the hospital administrator or midwife must use their best efforts to ensure that a registration document is completed by the person responsible in accordance with this section and must ensure that it is delivered to the Registrar within 10 days from the date of birth.

(10) If a registration document is incomplete, the hospital administrator or midwife must immediately notify the person who provided the partial information and use their best efforts to ensure that the person provides the additional information necessary to complete the registration document and deliver it to the Registrar.

(11) If a notice of birth is not received by the Registrar, a replacement document must be completed and delivered to the Registrar by the hospital administrator or midwife within 10 days from the date of birth.

(12) This section does not apply to

(a) a birth or stillbirth registration document completed in accordance with section 13 or 14 of the Act, or

(b) a birth registration document completed in accordance with section 16 of the Act.

(13) For the purposes of section 8 of the Act, where the parents do not agree on the last name to be used for the child because the person who gave birth is incapable, a person who meets the requirements set out in subsection (5) may choose the last name to be used for the registration of the birth or stillbirth.

Information required for a birth registration document

3(1) The information that must be provided in respect of a child for the registration within one year of the birth of the child is as follows:

(a) the full name of the child;

(b) the date and place in Alberta where the birth occurred;

(c) if the pregnancy resulted in the birth or stillbirth of more than one child, the number of children born or stillborn and the order of birth or stillbirth of the child being registered;

(d) the sex of the child.

(2) The information that must be provided in respect of the person who gave birth for the registration of the birth of a child is as follows:



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(a) in the case of an online registration,

(i) legal name and e-mail address,

(ii) the usual home address of the person who gave birth, and

(iii) subject to section 2(5) and (6), the signature of the person who gave birth in the manner determined by the Registrar;

(b) in any other case,

(i) legal name,

(ii) the usual home address of the person who gave birth, and

(iii) subject to section 2(5) and (6), the signature of the person who gave birth.

(3) Additional information that must be provided, if available, in respect of the person who gave birth for the registration of the birth of a child is as follows:

(a) date and place of birth;

(b) age;

(c) marital status;

(d) currently used name;

(e) contact information.

(4) The information that must be provided in respect of the other parent listed on the registration document is as follows:

(a) legal name;

(b) sex;

(c) either

(i) the signature of the other parent, if the person who gave birth has signed the registration of birth document, or

(ii) if the person who gave birth did not sign the registration of birth document, the signature of the other parent on the birth registration document and an affidavit setting out the evidence required under section 2(5)(b) in



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support of a presumption of parentage under section 8 or 8.1 of the Family Law Act, a declaration of parentage under section 9 of the Family Law Act or an equivalent enactment of another province or territory of Canada.

(5) Additional information that must be provided, if available, in respect of the other parent, if the other parent is listed on the registration document, is as follows:


(b) age.

(6) The information that must be provided in respect of a person who completes the birth registration document on behalf of the person who gave birth under section 2(5) or (6) is as follows:

(a) full name;

(b) contact information;

(c) relationship to the child;

(d) signature.

(7) Additional information that must be provided, if available, is the date on which the registration document was signed by the person who gave birth, the other parent under section 2(5) or the person who completed the birth registration document under subsection (6) or section 2(6).

(8) This section does not apply to the registration of the birth completed in accordance with section 13, 14 or 16 of the Act.

Birth registration document in respect of adoption

4(1) For the purposes of section 16 of the Act, the information that must be provided to the Registrar in respect of an adopted person is as follows:

(a) the person’s full name as it should appear pursuant to the adoption order;

(b) the person’s sex as originally recorded or the person’s sex as amended prior to the adoption;

(c) the person’s date and place of birth as recorded on the birth record.



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(2) For the purposes of section 16 of the Act, the legal name of the parent must be provided to the Registrar in respect of each of the person’s adoptive parent or parents.

(3) For the purposes of section 16 of the Act, the information that must be provided, if available, to the Registrar in respect of each of the person’s adoptive parent or parents is as follows:

(a) the adoptive parent’s date and place of birth;

(b) the currently used name of the adoptive parent, if different from the parent’s legal name;

(c) the adoptive parent’s contact information;

(d) the adoptive parent’s signature and the date of the signature.

(4) For the purposes of section 16 of the Act, the information that must be provided, if available, in respect of a person who completes a birth registration document on behalf of an adoptive parent or parents is as follows:

(a) full name;

(b) relationship to child;

(c) contact information;

(d) signature;

(e) date signed.

Birth registration document in respect of surrogacy

5(1) For the purposes of section 14 of the Act, the information that must be provided to the Registrar in respect of a surrogate birth is as follows:

(a) the child’s full name as it appears in the declaration of the court under section 8.2 of the Family Law Act;

(b) the child’s sex as recorded on the birth record;

(c) the child’s date and place of birth as recorded on the birth record.

(2) For the purposes of section 14 of the Act, the legal name of the parent must be provided to the Registrar in respect of a person who is declared to be a parent of the child by the Court under section 8.2(6) of the Family Law Act, and any person who as a result of that declaration is a parent of the child under section 8.1 of the Family Law Act.



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(3) For the purposes of section 14 of the Act, the information that must be provided, if available, to the Registrar in respect of each parent to be listed on the registration of a surrogate birth is as follows:

(a) the parent’s currently used name, if different,

(b) the parent’s marital status,

(c) the parent’s contact information,

(d) the parent’s date and place of birth, and

(e) the parent’s signature and the date of the signature.

Notice of birth or stillbirth

6(1) The information that must be provided on a notice of birth or stillbirth, to the extent that it is known to the person completing the notice, is as follows:

(a) the child’s date and place of birth or stillbirth;

(b) the full name of the person who gave birth;

(c) whether the pregnancy was a single or multiple pregnancy;

(d) the birth order of the child, in the case of a multiple pregnancy;

(e) whether the child was born alive or stillborn;

(f) the child’s sex, if determined;

(g) the type and full name of attendant at the birth or stillbirth;

(h) the full name and contact information of the person completing the notice;

(i) if the birth or stillbirth occurred outside a hospital, the attendant’s name, contact information, signature and relationship to the child.

(2) In addition to the information required under subsection (1), the following information must be provided, if available, on a notice of birth or stillbirth:


(b) the time of birth or stillbirth;

(c) the gestational age and birth weight of the child;



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(d) the date of birth of the person who gave birth;

(e) the marital status of the person who gave birth;

(f) the contact information of the person who gave birth;

(g) in the case of a birth, whether the child will be adopted;

(h) the age of the person who gave birth;

(i) the number of children born alive to the person who gave birth;

(j) the number of children stillborn to the person who gave birth;

(k) the other parent’s full name and date of birth.

Registration of a birth after one year

7(1) The information that must be provided for the registration of a birth after one year from the date of birth is as follows:

(a) the full name of the person;

(b) the person’s sex at birth;

(c) the person’s date and place in Alberta where the birth occurred;

(d) whether the person is alive at the time of registration;

(e) the legal name of the person who gave birth;

(f) the signature of the person registering the birth;

(g) if the person registering the birth is not the person who gave birth or a parent of the person whose birth is being registered, the following information must be provided with regard to the person who is registering the birth:

(i) full name;

(ii) contact information;

(iii) relationship to the child.

(2) In addition to the information required under subsection (1), the following information must also be provided, if available:

(a) the information in respect of a birth that is required under section 3(3);



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(b) the signature of the person who gave birth.

(3) If the name of the other parent is being recorded on the birth registration document under section 11 of the Vital Statistics

Ministerial Regulation, the following information must also be provided:

(a) the other parent’s legal name and sex;

(b) the information that is required under section 3(5), if available.

Information required for a stillbirth registration document

8(1) The information that must be provided in respect of a child for the registration within one year of a stillbirth is as follows:

(a) the last name of the child and, if available, the child’s given name;

(b) the date and place in Alberta where the stillbirth occurred;

(c) if the pregnancy resulted in the birth or stillbirth of more than one child, the number of children born or stillborn and the order of birth of the child being registered;

(d) the sex of the child, if determined.

(2) The information that must be provided in respect of a person who gave birth to a stillborn child is as follows:

(a) in the case of an online registration,

(i) legal name and e-mail address, and

(ii) subject to section 2(5) and (6), the signature of the person who gave birth in the manner determined by the Registrar;

(b) in any other case,

(i) legal name, and

(ii) subject to section 2(5) and (6), the signature of the person who gave birth.

(3) The additional information that must be provided, if available, in respect of a person who gave birth to a stillborn child is as follows:

(a) currently used name;



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(b) date and place of birth;

(c) age;

(d) marital status;

(e) contact information.

(4) The additional information that must be provided in respect of the other parent, if the other parent is being listed on the stillbirth registration document, is as follows:

(a) legal name and sex;

(b) either

(i) the signature of the other parent, if the person who gave birth has signed the registration of stillbirth document, or

(ii) if the person who gave birth did not sign the registration of stillbirth document, the signature of the other parent on the stillbirth registration document and an affidavit setting out the evidence required under section 2(5)(b) in support of a presumption of parentage under section 8 or 8.1 of the Family Law Act, a declaration of parentage under section 9 of the Family Law Act or an equivalent enactment of another province or territory of Canada.

(5) The additional information that must be provided, if available, in respect of the other parent, if the other parent is listed on the stillbirth registration document, is as follows:


(b) age.

(6) The information that must be provided in respect of a person who completes a stillbirth registration document under section 2(5) and (6) on behalf of the person who gave birth is as follows:

(a) full name;

(b) contact information;

(c) signature;

(d) relationship to the child.

(7) The information that must be provided in respect of the disposition of the remains of a stillborn child is the name and contact information



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of the funeral home, hospital or person who will be in charge of the remains for the purpose of disposition.

(8) If a burial permit has been issued, the following information must be provided:

(a) the date on which the burial permit was issued;

(b) the full name and contact information of the person or facility who issued the burial permit.

(9) The information that must be provided, if known, in respect of the disposition of the remains of a stillborn child is as follows:

(a) method of disposition;

(b) proposed date of disposition;

(c) name and address of the cemetery, crematorium or other place of disposition.

(10) Additional information that must be provided, if available, is the date on which the registration document was signed by the person who gave birth, the other parent under section 2(5) or the person who completed the birth registration document under subsection (6) or section 2(6).

Medical certificate of stillbirth

9(1) The information that must be provided on a medical certificate of stillbirth is as follows:

(a) the date and place in Alberta where the stillbirth occurred;

(b) the sex of the child, if determined;

(c) the full name of

(i) the attending physician or medical examiner, or

(ii) a nurse practitioner referred to in subsection (3);

(d) the medical designation of the attending physician, medical examiner or nurse practitioner;

(e) the contact information of the attending physician, medical examiner or nurse practitioner;

(f) the signature of the physician, nurse practitioner or medical examiner who completed the medical certificate of death.



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(2) The information that must be provided, if known, on a medical certificate of stillbirth is as follows:


(b) the immediate and any antecedent or underlying causes or significant conditions contributing to the stillbirth;

(c) whether an autopsy was performed and, if so, the particulars;

(d) the manipulative, instrumental or other operative procedures used in the delivery;

(e) whether the fetus was dead prior to the procedure referred to in clause (d);

(f) the nature of the procedure;

(g) whether the death occurred before or during labour;

(h) whether labour was induced;

(i) the date on which the attending physician, medical examiner or nurse practitioner signed the medical certificate of stillbirth.

(3) When

(a) a stillbirth occurs without the attendance of a physician within the 14 days immediately preceding the stillbirth, or

(b) the physician who attended the stillbirth is for any reason unable to complete the medical certificate of stillbirth or interim medical certificate of stillbirth within 48 hours of the stillbirth,

the medical certificate of stillbirth may be completed by a nurse practitioner.

Conflicting information

10 Where the date or place of the stillbirth or the sex shown on the stillbirth registration document conflicts with the information shown on the medical certificate of stillbirth, the information on the medical certificate of stillbirth must be used to register the stillbirth.



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Interim medical certificate of stillbirth

11 The Registrar may register a stillbirth with an interim medical certificate of stillbirth that includes the information required under section 9(1) and, if known, section 9(2)(a).

Registration of a stillbirth after one year

12(1) The information that must be provided in respect of the registration of a stillbirth after one year from the date of the stillbirth is as follows:

(a) the last name of the child;

(b) the sex of the child at the time of stillbirth, if determined;

(c) the date and place in Alberta where the stillbirth occurred;

(d) the legal name of the person who gave birth;

(e) the signature of the person registering the stillbirth;

(f) if the person registering the birth is not the person who gave birth or the other parent, the following must be provided with regard to the person who is registering the birth:

(i) full name;

(ii) contact information;

(iii) relationship to the child.

(2) In addition to the information required under subsection (1), the following information must be provided, if available:

(a) the child’s given name;

(b) the information in respect of the person who gave birth as set out in section 8(3);

(c) the information in respect of disposition as set out in section 8(7) to (9);

(d) the signature of the person who gave birth.

(3) If the name of the other parent of the person whose stillbirth is being registered is being recorded on the stillbirth registration document under section 11 of the Vital Statistics Ministerial

Regulation, the following information must also be provided,

(a) the other parent’s legal name, and



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(b) the information in respect of a birth that is required under section 3(5) as it applies to the other parent, if available.

Information required for a marriage registration document

13(1) The information that must be provided respecting each of the parties to a marriage for the registration of the marriage within one year is as follows:

(a) full name;

(b) marital status at the time of issuance of the marriage licence;

(c) date and place of birth;

(d) signature.

(2) Additional information that may be provided respecting each of the parties to the marriage is as follows:

(a) parents’ legal names;

(b) parents’ places of birth;

(c) the sex of each party to the marriage.

(3) For each witness to a marriage

(a) the information that must be provided for the registration of the marriage is

(i) full name,

(ii) signature,

and

(b) the information provided for the registration of the marriage may include the witness’s contact information, if available.

(4) The information that must be provided in respect of the solemnization of the marriage is as follows:

(a) the date of the marriage;

(b) the place in Alberta where the marriage was solemnized;

(c) the full name and registration number of the person authorized under the Marriage Act to solemnize the marriage;



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(d) whether the person referred to in clause (c) is a marriage commissioner, a marriage registrar designated by a Local Spiritual Assembly of the Baha’i Faith or a member of the clergy and, if the person is a member of the clergy, the religious denomination to which the person belongs;

(e) the signature of the person referred to in clause (c).

Registration of a marriage after one year

14(1) The information that must be provided for the registration of a marriage after one year is as follows:

(a) the full name of each of the parties to the marriage;

(b) the date of the marriage;

(c) the place in Alberta where the marriage was solemnized.

(2) In addition to the information required under subsection (1), the following information may be provided

(a) the marital status of each of the parties to the marriage at the time of issuance of the marriage licence;

(b) the date and place of birth of each of the parties to the marriage;

(c) the legal names and places of birth of the parents of each of the parties to the marriage;

(d) the full names of each of the witnesses at the time of the marriage;

(e) the contact information for each of the witnesses;

(f) the signatures of the witnesses;

(g) the signatures of the parties to the marriage;

(h) the full name, registration number and signature of the person who solemnized the marriage;

(i) whether the person referred to in clause (h) was a marriage commissioner, a marriage registrar designated by a Local Spiritual Assembly of the Baha’i Faith or a member of the clergy and, if the person was a member of the clergy, the religious denomination to which the person belongs;

(j) the sex of each of the parties to the marriage.



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Information required for a change of name

15(1) The information that must be provided by an applicant for a change of name under Part 3 of the Act is the applicant’s

(a) currently used name,

(b) date of birth,

(c) marital status if the applicant is a minor,

(d) proof of identity that meets the requirements of section 22 or 23 of the Vital Statistics Ministerial Regulation,

(e) contact information, and

(f) signature.

(2) In addition to the requirements of subsection (1), an applicant must also provide an affidavit confirming that the address in Alberta given by the applicant under subsection (1) is the applicant’s address.

(3) Where the applicant referred to in subsection (1) is an employee or agent of the Government of Alberta who is making the application in the applicant’s official capacity on behalf of another person whose name is to be changed,

(a) subsection (2) does not apply to the applicant,

(b) the information that must be provided in respect of the applicant is

(i) the information required under subsection (1)(a), (e) and (f), and

(ii) identification satisfactory to the Registrar.

(4) Where the applicant referred to in subsection (1) is not applying in person, the applicant must submit a statutory declaration in the form established by the Registrar with respect to the applicant’s identification.

(5) The information that must be provided in respect of a person referred to in section 22(2) of the Act is

(a) if the person whose name is to be changed is the applicant, in addition to the information required under subsection (1),

(i) a record of the person’s fingerprints taken by a law enforcement agency authorized in accordance with section 24(2)(j) of the Act,



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(ii) all previous changes of name of the person,

(iii) the full name being applied for,

(iv) the person’s legal name,

(v) the person’s place of birth, and

(vi) the person’s sex,

and

(b) if the person whose name is to be changed is the spouse or adult interdependent partner of the applicant or is a represented adult,

(i) the information required under clause (a) as it relates to the person whose name is to be changed,

(ii) the person’s contact information, if available,

(iii) the date of birth of the person,

(iv) the person’s sex,

(v) proof of the person’s relationship to the applicant in accordance with section 24 of the Vital Statistics

Ministerial Regulation, and

(vi) the person’s consent in the form established by the Registrar to the change of name.

(6) The information that must be provided in respect of a child whose name is to be changed pursuant to an application under Part 3 of the Act is

(a) the child’s legal name,

(b) the date and the place of the child’s birth,

(c) the child’s contact information, if available,

(d) where the child is 12 years of age or older, a record of the child’s fingerprints taken by a law enforcement agency authorized in accordance with section 24(2)(j) of the Act,

(e) the full names of the persons listed as parents on the child’s birth record,

(f) the full names of any guardians of the child,



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(g) proof of the parents’ and guardians’ relationship to the child in accordance with section 24 of the Vital Statistics

Ministerial Regulation,

(h) if the child is 12 years of age or older, the child’s consent to change the name in the form established by the Registrar,

(i) the parent’s consent to change the name and any guardian’s consent to change the name in the form established by the Registrar,

(j) the full name that is being applied for,

(k) the child’s sex, and

(l) all previous changes of name of the child.

Non-binary identifier

16 For the purposes of section 29.1 of the Act, the non-binary identifier “X” may be used on vital event records in accordance with

(a) this Regulation, except sections 3(1)(d), 6(1)(f), 7(1)(b), 8(1)(d), 9(1)(b), 12(1)(b), 23(1)(b) and 26(1), and

(b) the Vital Statistics Ministerial Regulation.

Amendment of sex on a birth record — eligibility to apply

17(1) For the purposes of section 30 of the Act, a person may apply to amend the sex identified on a birth record that is registered in Alberta if

(a) the person is at least 18 years of age and is applying to amend the sex identified on their own birth record,

(b) the person is less than 18 years of age, but is widowed, divorced, married or an adult interdependent partner or is a parent or guardian of a minor, and is applying to amend the sex identified on their own birth record,

(c) the person is a parent or guardian of a minor applying to amend the sex identified on the minor’s birth record, or

(d) the person is applying to amend the sex identified on a minor’s birth record and there is a court order under section 69 of the Act dispensing with the parents’ and guardians’ consents referred to in subsections (2) and (3).



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(2) The consent of both parents listed on the minor’s birth record is required for an application under subsection (1)(c) unless

(a) where the applicant is a parent, the applicant makes an affidavit stating that the applicant is the only guardian,

(b) there is a court order that appoints guardians in lieu of the parents, in which case the consent of those guardians is required and the parents’ consent is not required, or

(c) there is a court order under section 69 of the Act dispensing with consents of the parents or guardians who do not consent.

(3) Where there is a court order that appoints guardians in addition to the parents, the consent of those guardians to an application under subsection (1)(c) is also required unless there is a court order under section 69 of the Act dispensing with the consents of those guardians.

(4) Where an application under subsection (1) is in respect of a minor who is 12 years of age or older, and who is not the applicant, the minor’s consent is required unless there is a court order under section 69 of the Act dispensing with the consent of the minor.

Amendment of sex on a birth record — affidavit requirement

18 An application under section 17 must include an original affidavit executed by the applicant, setting out the following information about the person whose birth record is to be amended:

(a) the person’s full name;

(b) the person’s date of birth;

(c) a statement confirming the requested amendment to the sex identified on the birth record.

Amendment of sex on a birth record — information for

minors less than 12 years of age

19(1) If a person is applying under section 17 to amend the sex identified on the birth record of a minor less than 12 years of age, the application must include a statement containing the information required by this section from one of the following professionals:

(a) a regulated member of the College of Physicians and Surgeons of Alberta under the Health Professions Act who holds a practice permit issued under that Act;



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(b) a regulated member of the College of Alberta Psychologists under the Health Professions Act who holds a practice permit issued under that Act;

(c) a regulated member of the College and Association of Registered Nurses of Alberta under the Health Professions

Act who holds a practice permit issued under that Act;

(d) a regulated member of the Alberta College of Social Workers under the Health Professions Act who holds a practice permit issued under that Act;

(e) a person who is practising and who is authorized in a jurisdiction other than Alberta to practise a profession equivalent to that practised by a person referred to in clause (a), (b) or (c) or (d).

(2) The statement

(a) must be provided as an original document signed by the professional, and

(b) must include

(i) the professional’s name and contact information,

(ii) the professional’s practice permit, licence or reference number or equivalent identifier for professional licensing purposes, and

(iii) the date on which the professional signed the statement, which must be within one year of the date of the application.

(3) The statement must set out

(a) the name and date of birth of the person whose record of birth is to be amended, and

(b) the professional’s confirmation that

(i) the professional meets the requirement of subsection (1),

(ii) the professional has treated, evaluated or consulted with the applicant, and

(iii) in the professional opinion of the professional, the requested amendment to the sex on the record of birth is appropriate.



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Registrar’s powers and duties

20(1) On receipt of an application for amendment to the sex identified on a birth record and of

(a) the documents required to be filed with it in accordance with sections 17, 18 and 19, or

(b) proof satisfactory to the Registrar that an equivalent amendment has been lawfully made in another province or territory of Canada,

and on payment of the prescribed fee, the Registrar shall, if satisfied that the Act, this Regulation and the Vital Statistics Ministerial

Regulation have been complied with, amend the sex identified on the birth record accordingly.

(2) The Registrar may require any applicant or person to return to the Registrar any previously issued birth certificate or certified copies of the birth record in the applicant’s or the person’s possession.

Information required to amend the sex on the record of a subsisting

marriage

21(1) A person may request that the sex identified on the record of a subsisting marriage be amended if

(a) the person is applying to amend the sex identified on a birth record under section 17,

(b) the person’s birth record has been amended in accordance with section 20, or otherwise in accordance with Alberta law, or

(c) the person provides

(i) proof satisfactory to the Registrar that an equivalent amendment has occurred in a jurisdiction other than Alberta, or

(ii) proof satisfactory to the Registrar, by affidavit, setting out the following information about that person:

(A) the person’s full name;

(B) the person’s date and place of birth in a jurisdiction other than Alberta;

(C) a statement confirming the requested amendment to the sex of that person as identified on the record of a subsisting marriage in Alberta.



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(2) The other party to the marriage must consent to the amendment in accordance with section 30.

(3) On receipt of a request for amendment to the sex identified on the record of a subsisting marriage and of the documents required to be filed with it and payment of the prescribed fee the Registrar shall, if satisfied that the Act and Regulation have been complied with, amend the sex on the record of the subsisting marriage accordingly.

(4) The Registrar may require any person to return to the Registrar any previously issued marriage certificate or certified copies of the record of marriage in the person’s possession.

Information required for a death registration document

22(1) The information that must be provided in respect of a deceased person for the registration of the death of the person within one year is as follows:

(a) the legal name of the deceased and the name used by the deceased immediately prior to death, if different;

(b) the sex of the deceased;

(c) the age of the deceased at the time of death;

(d) the date and place in Alberta where the death occurred;

(e) the full name and contact information of the person who is providing the information for registration of the death and the person’s relationship to the deceased.

(2) The additional information that must be provided, if available, respecting the deceased person is as follows:

(a) the deceased’s date and place of birth;

(b) the legal names and places of birth of the deceased’s parents, if known;

(c) the deceased’s occupation and type of business prior to death;

(d) the deceased’s marital status;

(e) whether the deceased was an adult interdependent partner at the time of death;

(f) the full name of the deceased’s spouse or adult interdependent partner, if any;



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(g) the deceased’s usual permanent residence prior to death;

(h) the deceased’s Alberta personal health number;

(i) the deceased’s social insurance number;

(j) the deceased’s Alberta driver’s licence number or identification card number, if any.

(3) The information that must be provided in respect of the disposition of the remains of the deceased person is the name and contact information of the funeral home, hospital or person who is in charge of the remains for the purpose of disposition or who will be in charge of the remains for the purpose of disposition.

(4) If a burial permit has been issued, the information that must be provided is as follows:


(b) the full name and contact information of the person or facility who issued the burial permit.

(5) The information that must be provided, if known, in respect of the disposition of the remains of the deceased person is as follows:




Information required for registration of death

in respect of an unidentified body

23(1) In the case of an unidentified body, the following information must be provided for the registration of the death as it appears on the medical certificate of death:

(a) the age of the deceased;

(b) the sex of the deceased as recorded on the medical certificate of death;

(c) the date of death;

(d) the place in Alberta where the death occurred;

(e) the full name and contact information of the person who is providing the information for registration of the death.



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(2) The information that must be provided in respect of the disposition of the remains of an unidentified body is the name and contact information of the funeral home, hospital or person who is in charge of the remains for the purpose of disposition or who will be in charge of the remains for the purpose of disposition.

(3) If a burial permit has been issued, the information that must be provided is as follows:


(b) the full name and contact information of the person who issued the burial permit;

(4) The information that must be provided, if known, in respect of the disposition of the remains of an unidentified body is as follows:




Information required for registration of a presumed death

24(1) In the case where the death of a person is presumed, the following information must be provided for the registration of the death:

(a) the information set out in an order of the Alberta Court of Queen’s Bench that declares or decrees that the death is presumed to have occurred in Alberta;

(b) the information required under section 22(1)(b) and (e).

(2) An order referred to subsection (1)(a) must set out

(a) the full name of the deceased,

(b) the presumed date of death, and

(c) a statement that the place where the presumed death is presumed to have occurred is in Alberta and, if known, the name of the place.

(3) In addition to the information required under subsection (1), unless already contained in an order of the Alberta Court of Queen’s Bench that declares or decrees that the death is presumed to have occurred in Alberta, the information referred to in section 22(1)(c) and (2), and the



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deceased’s legal name, must also be provided, if known, in respect of a person who is presumed to be deceased.

(4) Section 22(3), (4) and (5) do not apply in the case of a presumed death.

Registration of a death after one year

25(1) The information that must be provided in respect of a deceased person for the registration of the death of the person after one year is as follows:

(a) the legal name and the name used by the deceased immediately prior to death, if different;

(b) the date of death;

(c) the place in Alberta where the death occurred;

(d) the sex and age of the deceased;

(e) the full name and contact information of the person who is providing the information for registration of the death and the person’s relationship to the deceased.

(2) In addition to the information required under subsection (1), the information that must be provided under section 22(2) to (5) must also be provided, if available.

(3) This section does not apply to the registration of a death in respect of an unidentified body under section 23 or the registration of a presumed death under section 24.

Medical certificate of death

26(1) The information in respect of a deceased person that must be provided on the medical certificate of death is as follows:

(a) the date and place of death;

(b) the sex of the deceased;

(c) the full name of

(i) the attending physician or medical examiner, or

(ii) a nurse practitioner referred to in subsection (3);

(d) the signature of the physician, nurse practitioner or medical examiner who completed the medical certificate of death;



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(e) the contact information of the attending physician, nurse practitioner or medical examiner.

(2) The information in respect of a deceased person that must be provided, to the extent that it is known, on the medical certificate of death is as follows:

(a) the full name of the deceased;

(b) the deceased’s Alberta personal health number;

(c) the age of the deceased;

(d) the immediate cause of death and any antecedent or underlying causes or significant conditions that contributed to the death of the deceased;

(e) the manner of death, which may include

(i) the “manner of death” within the meaning of the Fatality Inquiries Act,

(ii) the place where and the date on which the injury or incident that resulted in the death occurred, and

(iii) a description of the circumstances of the injury or incident;

(f) whether an autopsy was performed and, if so, the particulars of the autopsy, including whether further information about the cause of death will be available at a later date;

(g) whether the death occurred during or within one year following a pregnancy;

(h) whether the death occurred within 10 days of a surgical operation and, if so, the operative findings;

(i) the date on which the attending physician or nurse practitioner last attended the deceased before death, if applicable;

(j) whether the attending physician, nurse practitioner or medical examiner viewed the body after death;

(k) the date on which the attending physician, nurse practitioner or medical examiner, as the case may be, completed the medical certificate of death;

(l) whether notification to the medical examiner is required, if applicable.



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(3) When

(a) a death occurs without the attendance of a physician in relation to the final illness of the deceased during the 14 days immediately preceding the death, or

(b) the physician who attended the deceased is for any reason unable to complete the medical certificate of death or interim medical certificate of death within 48 hours of the death,

the medical certificate of death may be completed by a nurse practitioner.

Conflicting information

27 Where the date or place of death of the deceased person shown on a death registration document conflicts with the information shown on the medical certificate of death, the information shown on the medical certificate of death shall be used to register the death of the deceased person.

Interim medical certificate of death

28 The Registrar may register a death with an interim medical certificate of death that includes the following:

(a) date and place of death;

(b) the information required under section 26(1);

(c) the information required under section 26(2)(a), if known.

Delivery to the Registrar

29 Where a funeral director or a hospital administrator receives a medical certificate of death or stillbirth, the funeral director or hospital administrator shall, within 10 days after the date of death or stillbirth, deliver the registration document and the medical certificate to the Registrar.

General consent

30(1) Unless otherwise provided in the Act or regulations, where a person’s consent is required, the consent must be provided in accordance with this section, in the form established by the Registrar.

(2) The person eligible to provide consent must provide the following information to the satisfaction of the Registrar:




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(c) their signature;

(d) the date of their signature, which must be within one year of the application;

(e) the full name of the person to whom the consent is being provided and their relationship to that person, where applicable;

(f) the purpose for which the consent is being provided.

(3) The information provided by a person giving consent must be witnessed by a person who


(b) in the opinion of the Registrar,

(i) is not involved in and does not stand to benefit or be impacted by the application or service being requested, and

(ii) is not otherwise in a conflict of interest with respect to the application or service being requested.

(4) A witness to a person’s consent must provide the following information to the satisfaction of the Registrar:



(c) their relationship to the person providing consent;

(d) their signature;

(e) the date of the signature, which must be within one year of the application.

Waiving consent

31 For the purposes of section 51.2 of the Act, the Registrar may conclude that

(a) a child is unable to give consent, on receipt of an affidavit satisfactory to the Registrar,

(b) a represented adult is unable to give consent, when there is a guardianship order in effect under Part 2, Division 3 of the



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Adult Guardianship and Trusteeship Act or under the equivalent legislation of another jurisdiction, and

(c) the child or represented adult is unable to give consent, if the Registrar is provided any other documentary evidence demonstrating the incapacity to the satisfaction of the Registrar.

Release of Information

Application

32 The information to be provided by an eligible applicant for information, records or services under sections 46 to 49 of the Act is

(a) the applicant’s full name,

(b) the applicant’s contact information,

(c) the details concerning the event, information, record or service request that are satisfactory to the Registrar,

(d) the relationship of the applicant to the person to whom the record applies,

(e) proof of identity that meets the requirements of section 22 or 23 of the Vital Statistics Ministerial Regulation or that is satisfactory to the Registrar for the purpose of determining the identity of the applicant, and

(f) the date and the signature of the applicant.

Designated agent

33(1) Except in the case of an electronic application, a person who wishes to apply for information, records or services under the Act may by consent designate an individual as an agent to make the application on that person’s behalf if the designated agent


(b) has known the person for at least one year.

(2) Notwithstanding subsection (1)(b), the Registrar may accept an application by a designated agent who has known the person for less than one year where

(a) the consent is otherwise valid, and

(b) the application meets the requirements of this section.



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(3) Consent for the purposes of this section must

(a) be in the form established by the Registrar,

(b) contain

(i) the full name and contact information of the applicant giving the consent,

(ii) the signature of the applicant,

(iii) the full name of the designated agent to whom consent is being given,

(iv) the contact information of the designated agent, and

(v) the length of time the designated agent has known the applicant,

and

(c) be surrendered at the time of making the application.

(4) The designated agent must at the time of making the application

(a) provide proof of identity that meets the requirements of section 23(1) or (2) of the Vital Statistics Ministerial

Regulation,

(b) provide a statutory declaration in the form established by the Registrar in accordance with subsection (5) or (6), and

(c) produce the original signed consent form.

(5) If the designated agent makes the application in person, the statutory declaration referred to in subsection (4) must contain

(a) the full name of the designated agent,

(b) the contact information of the designated agent,

(c) the full name of the person on whose behalf the application is being made, and

(d) the length of time the designated agent has known the person.

(6) If the designated agent makes the application by mail, the statutory declaration referred to in subsection (4) must, in addition to the information set out in subsection (5), meet the requirements set out in section 23(3) to (5) of the Vital Statistics Ministerial Regulation.



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Birth certificate or certified copy of a birth record

34(1) Subject to subsection (2), the following persons may apply to the Registrar in the form established by the Registrar for a birth certificate or a certified copy of a birth record:

(a) the person whose birth was registered;

(b) a person who is named on the birth record as a parent of the person referred to in clause (a);

(c) a person who is named as a parent of the person referred to in clause (a) in a declaration of parentage under the Family Law

Act;

(d) a person who is named as a parent of the person referred to in clause (a) in an order respecting parentage that is substantially equivalent to a declaration of parentage referred to in clause (c) and that was made by a court under an enactment of another province or territory of Canada;

(e) a person who is designated by the personal directive of the person referred to in clauses (a) to (d), as that person’s agent;

(f) a person who is in the process of adopting the person referred to in clause (a);

(g) a person who is, pursuant to an enactment or a court order made by a Canadian court, the guardian or trustee of a person referred to in clauses (a) to (d), if the making of the application is consistent with the authority granted to the guardian or trustee;

(h) a person who holds a power of attorney to act on behalf of a person referred to in clauses (a) to (d), if the making of the application is consistent with the powers and duties of the attorney conferred by the power of attorney;

(i) a lawyer who has been retained by a person referred to in clauses (a) to (h), (k), (m) or (n) to provide legal services to that person, if the information is required for the provision of those legal services;

(j) the designated agent of a person referred to in clauses (a) to (h), (m)(iii) or (n) or a person referred to subsection (2), on providing the person’s consent in the form established by the Registrar;

(k) a person authorized to make the application by an order of a court in Alberta issued within one year of the application;



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(l) a person who requires the certificate or certified copy for the purposes of complying with another enactment;

(m) if the person referred to in clause (a) is deceased,

(i) a personal representative, an executor or an administrator of the deceased’s estate,

(ii) for the purpose of complying with the Public Trustee

Act or an equivalent enactment of another province or territory of Canada,

(A) the Public Trustee or equivalent official of the other jurisdiction, or

(B) an agent designated by a public trustee, if that agent is designated in accordance with the applicable enactment or agreement,

or

(iii) a person who is the next of kin of the deceased;

(n) where there is no person referred to in clause (m)(iii) living, a relative of the person referred to in clause (a);

(o) any person who by affidavit satisfies the Registrar that the certificate or certified copy is required;

(p) any person affiliated with a police service or law enforcement agency who satisfies the Registrar that the certificate or certified copy is required.

(2) Where the person referred to in subsection (1)(a) is a child younger than 12 years of age, the application may be made by the child, with the consent of the child’s parent or guardian in the form established by the Registrar.

(3) An applicant must provide proof acceptable to the Registrar that the applicant is eligible as set out in this section.

Marriage certificate or certified copy of a marriage record

35(1) The following persons may apply to the Registrar in the form established by the Registrar for a marriage certificate or a certified copy of a marriage record:

(a) either of the persons whose names appear on the marriage record as the parties to the marriage;



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(b) a person who is, pursuant to an enactment or a court order, the guardian or trustee of a person referred to in clause (a), if the making of the application is consistent with the authority granted to the guardian or trustee;

(c) a person who holds a power of attorney to act on behalf of a person referred to in clause (a), if the making of the application is consistent with the powers and duties of the attorney conferred by the power of attorney;

(d) the designated agent of a person referred to in clauses (a) to (c), (f), (h)(i) or (iii) or (i), on providing the person’s consent in the form established by the Registrar;

(e) a lawyer who has been retained by a person referred to in clauses (a) to (c), (f) to (i) to provide legal services to that person, if the information is required for the provision of those legal services;

(f) a person who is designated by the personal directive of a person referred to in clause (a) as that person’s agent;

(g) a person authorized to make the application by an order of a court in Alberta issued within one year of the application;

(h) if one of the parties to the marriage referred to in clause (a) is deceased,

(i) the personal representative, executor or administrator of the deceased’s estate,

(ii) for the purpose of complying with the Public Trustee

Act or an equivalent enactment of another province or territory of Canada,

(A) the Public Trustee or equivalent official of the other jurisdiction, or

(B) an agent designated by a public trustee, if that agent is designated in accordance with the applicable enactment or agreement,

or

(iii) a person who is the next of kin of the deceased;

(i) where one of the parties to the marriage referred to in clause (a) is deceased and there is no person referred to in clause (h)(iii) living, a relative of the deceased party to the marriage;



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(j) any person who by affidavit satisfies the Registrar that the certificate or certified copy is required;

(k) any person affiliated with a police service or law enforcement agency who satisfies the Registrar that the certificate or certified copy is required.


Death certificate or certified copy of a death record

36(1) In this section, “record” does not include a medical certificate of death.

(2) The following persons may apply to the Registrar in the form established by the Registrar for a death certificate or a certified copy of a death record:

(a) the personal representative, executor or administrator of the deceased’s estate;

(b) for the purpose of complying with the Public Trustee Act or an equivalent enactment of another province or territory of Canada,

(i) the Public Trustee or equivalent official of the other jurisdiction, or

(ii) an agent designated by a public trustee, if that agent is designated in accordance with the applicable enactment or agreement;

(c) a person who is the next of kin of the deceased;

(d) a person who immediately before the deceased’s death was, pursuant to an enactment or a court order, the guardian or trustee of the deceased;

(e) a person authorized to make the application by an order of a court in Alberta issued within one year of the application;

(f) a person who was, immediately before the deceased’s death, a joint tenant with the deceased;

(g) the designated agent of a person referred to in clauses (a), (c), (d), (f), (h) or (i), on providing the person’s consent in the form established by the Registrar;



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(h) where there is no person referred to in clause (c) living, a relative of the deceased;

(i) at the discretion of the Registrar, a former spouse or former adult interdependent partner of the deceased;

(j) at the discretion of the Registrar, a government agency or other individual or organization that has a particular interest concerning the deceased;

(k) a representative of the funeral home that registers the death or makes the arrangements for the disposition of the deceased’s body, at the time of the registration or disposition;

(l) a lawyer who has been retained by a person referred to in clauses (a) to (f) and (h) to (j) to provide legal services to that person, if the information is required for the provision of those legal services;

(m) any person affiliated with a police service or law enforcement agency who satisfies the Registrar that the certificate or certified copy is required;

(n) any person who satisfies the Registrar by affidavit that the certificate or certified copy is required.


Certified copy of a stillbirth record

37(1) In this section, “record” does not include a medical certificate of stillbirth.

(2) The following persons may apply to the Registrar in the form established by the Registrar for a certified copy of a stillbirth record:

(a) the next of kin of the stillborn child;

(b) where there is no person referred to in clause (a) living, a relative of the stillborn child;

(c) the designated agent of a person referred to in clause (a) or (b), on providing the person’s consent in the form established by the Registrar;

(d) a person authorized to make the application by an order of a court in Alberta issued within one year of the application;



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(e) a representative of the funeral home that registers the stillbirth or makes the arrangements for the disposition of the stillborn child’s body, at the time of the registration or disposition;

(f) any person who satisfies the Registrar by affidavit that the certified copy of the stillbirth record is required;

(g) a lawyer who has been retained by a person referred to in clause (a), (b) or (d) to provide legal services to that person, if the information is required for the provision of those legal services.


Certified copy of a medical certificate or an interim

medical certificate of stillbirth or death

38(1) The following persons may apply to the Registrar in the form established by the Registrar for a certified copy of a medical certificate or interim medical certificate of stillbirth or death:

(a) the next of kin of the stillborn child or deceased person;

(b) a personal representative, executor or administrator of the deceased’s estate;

(c) the designated agent of a person referred to in clauses (a) and (b), on providing the person’s consent in the form established by the Registrar;

(d) the guardian or trustee of a person referred to in clause (a);

(e) a person who immediately before the death of the deceased person was, pursuant to an enactment or court order, the guardian or trustee of the deceased person;

(f) a person authorized to make the application by an order of a court in Alberta issued within one year of the application;

(g) a person who satisfies the Registrar that the certified copy of the medical certificate or interim medical certificate of stillbirth or death is required to accompany an application for a burial permit or disinterment permit or for the purpose of transporting the body or remains of the stillborn child or deceased person;

(h) a lawyer who has been retained by a person referred to in clause (a), (b) or (d) to (g) to provide legal services to that



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person, if the information is required for the provision of those legal services;

(i) any person who satisfies the Registrar by affidavit that the certificate or certified copy of the medical certificate is required.


Certificate of change of name

39(1) The following persons may apply to the Registrar in the form established by the Registrar for a certificate in respect of a change of name:

(a) the person whose name was changed, if the person is 12 years of age or older;

(b) a person who is, pursuant to an enactment or a court order, the guardian or trustee of the person referred to in clause (a), if the making of the application is consistent with the authority granted to the guardian or trustee;

(c) where the person whose name was changed is a minor younger than 12 years of age,

(i) a parent who is listed on the person’s birth record,

(ii) the guardian or trustee of the person’s parent,

(iii) a person who is named as a parent of the person in a declaration of parentage under the Family Law Act,

(iv) a person who is named as a parent of the person in an order respecting parentage that is substantially equivalent to a declaration of parentage referred to in subclause (iii) and that was made by a court under an enactment of another province or territory of Canada, or

(v) the child whose name was changed, with the consent of the child’s parent or guardian in the form established by the Registrar;

(d) the designated agent of a person referred to in clauses (a) to (c), on providing the person’s consent in the form established by the Registrar;

(e) a person who holds a power of attorney to act on behalf of a person referred to in clauses (a) or (c)(i), (iii) or (iv), if the



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making of the application is consistent with the powers and duties of the attorney conferred by the power of attorney;

(f) a person authorized to make the application by an order of a court in Alberta issued within one year of the application;

(g) if the person referred to in clauses (a) or (c)(i), (iii) or (iv), is deceased, the personal representative, executor or administrator of the deceased person’s estate, or the Public Trustee for the purpose of complying with the Public Trustee

Act or an equivalent enactment of another province or territory of Canada;

(h) any person affiliated with a police service or law enforcement agency who satisfies the Registrar that the certificate is required;

(i) a lawyer who has been retained by a person referred to in clause (a), (b), (c), (e), (f) or (g) to provide legal services to that person, if the information is required for the provision of those legal services;

(j) any person who satisfies the Registrar by affidavit that the certificate of change of name is required.


Search of registration records

40(1) The following information must be provided by a person for a search of a birth or stillbirth record to determine if they are identified on the record as a parent:


(b) their date of birth;

(c) their place of birth.

(2) The following information must be provided by a person for a search of a marriage record to determine if they are identified on the record as a spouse:






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(3) The following information must be provided by a person for a search of a death record to determine if they are identified on the record as deceased:




Release of information

41(1) The Registrar may give access to or provide copies of or information from any register or record on file in the office of the Registrar to the following persons:

(a) a representative of the Government of Canada, the Government of Alberta, the government of another province or territory of Canada, the Government of the United States of America, the government of any state of the United States of America, the government of a member of the British Commonwealth or, at the discretion of the Registrar, any other government;

(b) a representative of a police service or law enforcement agency who satisfies the Registrar that the certified copy is required for purposes relating to law enforcement as defined in the Freedom of Information and Protection of Privacy Act;

(c) a representative of a regional health authority established pursuant to the Regional Health Authorities Act or an approved hospital designated pursuant to the Hospitals Act;

(d) a representative of any Workers’ Compensation Board in Canada;

(e) the Chief Medical Examiner appointed under the Fatality

Inquiries Act or any delegate or deputy of the Chief Medical Examiner;

(f) the Chief Medical Officer appointed under the Public Health

Act or any delegate or deputy of the Chief Medical Officer;

(g) a representative of a pension plan in respect of information necessary for the administration of the pension of one of its members;

(h) a private adoption agency for adoption purposes;



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(i) a person or organization for purposes relating to First Nations (Indian Act (Canada)), Metis or Inuit registration, membership, status, services or rights;

(j) a person in accordance with

(i) an enactment of Alberta or Canada that authorizes or requires the disclosure or access, or

(ii) a treaty, arrangement or agreement under an enactment of Alberta or Canada that authorizes or requires the disclosure or access;

(k) an employee, organization, agent of an organization or person contracted to act on behalf of a person listed in clauses (a) to (j) acceptable to the Registrar.


Duties of researcher

42(1) The Registrar may give access to or provide copies of or information from any register or record on file in the office of the Registrar to a researcher who satisfies the Registrar that

(a) the purpose of the research is legitimate and cannot reasonably be accomplished unless the information is provided in individually identifiable form,

(b) any record linkage is not harmful to the individuals the information is about and the benefits to be derived from the linkage are clearly in the public interest,

(c) the information to be released will not be used in any way that would reveal the identity of any individual who is the subject of the information, and

(d) all individual identifiers will be removed or destroyed at the earliest reasonable time.

(2) A researcher must

(a) sign an agreement with the Registrar in respect of the use, subsequent use, disclosure, security and confidentiality of information disclosed to the researcher under subsection (1), and

(b) take the following oath:



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OFFICIAL OATH

I, (name) , do swear (or solemnly affirm) that I will diligently,

faithfully and to the best of my ability execute according to law the

responsibilities required of me by the research agreement

dated , which allows me access to registers or records

specified in the agreement, and that I will not, without due

authorization, disclose or make known any matter or thing that the

terms of the research agreement forbid me to disclose.

SO HELP ME GOD

(omit if affirmed)

(signature of person swearing or affirming)

TAKEN and subscribed before me at (place) on (date) , 20 .

(signature of Commissioner for Oaths or Notary Public)

(A Commissioner for Oaths or a Notary Public

in and for the Province of Alberta)

Transitional

Transitional

43(1) All registrations, applications and information submitted to the Registrar on or before the coming into force of this regulation shall proceed and be used as if the registration, application or information had been submitted under this regulation.

(2) Following the coming into force of this regulation the Registrar may, in the Registrar’s discretion, accept a registration, application or information submitted to the Registrar in the form required immediately before the coming into force of this regulation.

(3) The Registrar may request additional information consistent with the Act, this regulation and the Vital Statistics Ministerial Regulation, with respect to any registration, application or information referred to in this section.

Repeal, Expiry and Coming into Force

Repeal

44 The Vital Statistics Information Regulation (AR 3/2012) is repealed.

Expiry

45 For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be



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repassed in its present or an amended form following a review, this Regulation expires on October 31, 2021.

Coming into force

46 This Regulation comes into force on the coming into force of section 38 of the Vital Statistics and Life Events Modernization Act, SA 2016 c26.

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


Environmental Protection and Enhancement Act

PESTICIDE SALES, HANDING, USE AND APPLICATION AMENDMENT REGULATION

Filed: June 7, 2018

For information only: Made by the Lieutenant Governor in Council (O.C. 194/2018) on June 7, 2018 pursuant to sections 86, 166 and 239 of the Environmental Protection and Enhancement Act.

1 The Pesticide Sales, Handling, Use and Application Regulation (AR 24/97) is amended by this Regulation.


(a) in clause (a) by striking out “specialized municipality,”;

(b) by repealing clause (ll)(ix) and substituting the following;

(ix) a constructed water hazard that is located on a golf course and has no outflow of water beyond the golf course boundary;


Veterinarians’ exemption

3.1 A person authorized by the Veterinary Profession Act when acting under the authority of that Act is exempt from sections 14 and 14.1 of the Pesticide (Ministerial) Regulation.

4 Section 35.1 is amended by striking out “June 30, 2018” and substituting “June 30, 2023”.


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Environmental Protection and Enhancement Act

PESTICIDE (MINISTERIAL) AMENDMENT REGULATION

Filed: June 7, 2018

For information only: Made by the Minister of Environment and Parks (M.O. 16/2018) on May 29, 2018 pursuant to sections 85 and 165 of the Environmental Protection and Enhancement Act.

1 The Pesticide (Ministerial) Regulation (AR 43/97) is amended by this Regulation.


(a) by adding the following after subsection (1):

(1.1) An applicant for applicator recertification must

(a) pass an examination or have the qualifications referred to in subsection (1)(b), or

(b) meet the requirements of a continuing education program determined by the Director.


(2) The Director may refuse to issue, recertify or recognize an applicator certificate if

(a) the applicant has contravened the Act or this Regulation or the Pest Control Products Act (Canada) or any of the regulations under that Act, or

(b) the applicant has not met the requirements of subsection (1) or (1.1).

3 Section 7 is repealed and the following is substituted:

Service registration

7(1) No person shall offer or provide a pesticide service involving the use or application of a pesticide listed in Schedule 1, 2 or 3 whether or not for hire or reward, unless that person

(a) holds a valid pesticide service registration for the specific class of activity listed in Schedule 5, and


AR 110/2018 ENVIRONMENTAL PROTECTION AND ENHANCEMENT

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(b) is an applicator or employs an applicator, certified for the specific class of activity listed in Schedule 5.

(2) A person who offers a service provided by another person whether or not for hire or reward, shall ensure that the person providing the service

(a) holds a valid pesticide service registration for the specific class of activity listed in Schedule 5, and

(b) is an applicator or employs an applicator, certified for the specific class of activity listed in Schedule 5.

(3) No person shall, unless that person holds a valid pesticide service registration, use or apply a pesticide listed in Schedule 1, 2 or 3, whether or not for hire or reward,

(a) on a right of way,

(b) on public land, including land owned by a local authority, or

(c) for forest management.

(4) Subsection (3) does not apply where

(a) the pesticide is used or applied by the owner of the right of way for agricultural production,

(b) the pesticide is used or applied in accordance with an approval that authorizes the use or application and is issued in respect of an activity listed in Division 4 of Schedule 1 to the Activities Designation Regulation (AR 276/2003), or

(c) the pesticide is a fish toxicant, aquatic invertebrate toxicant or vertebrate toxicant and is used or applied by a designated employee of the Government as part of a program of the Government.

(5) A person who holds a pesticide service registration shall notify the Director before moving the location of an outlet to which the pesticide service registration pertains.

4 Section 8(3) is repealed and the following is substituted:

(3) A pesticide service registration is cancelled on the date when the pesticide service registration holder

(a) does not employ applicators with the appropriate class of certificate for the pesticide service that is offered or provided by the pesticide service registration holder,



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(b) does not maintain insurance in accordance with the latest edition of the Environmental Code of Practice for Pesticides published by the Department,

(c) moves the location of any of the pesticide service registration holder’s outlets without prior notification to the Director, or

(d) does not meet the specifications identified in the pesticide service registration.

5 Section 11(2) and (3) are repealed and the following is substituted:

(2) Where the applicator is conducting applications under the authority of a pesticide service registration, the applicator must within 15 days of the completed application submit a copy of the record referred to in subsection (1) to the pesticide service registration holder employing the applicator.

(3) Where a pesticide service registration holder employs an applicator to conduct pesticide applications, the pesticide service registration holder must within 15 days of the completed application obtain a copy of the record referred to in subsection (1) from the applicator.

6 Section 14.1 is repealed and the following is substituted:

Dispenser required

14.1(1) No person shall sell, display or store at retail a pesticide listed in Schedule 1, 2 or 3 unless the person is or employs a dispenser or applicator.

(2) No person shall sell, display or store at retail a pesticide listed in Schedule 1, 2 or 3 unless a dispenser is available at each retail outlet at all times when it is open for business.

(3) Despite subsection (2), a person may sell, display or store at retail a pesticide listed in Schedule 1, 2 or 3 if, during the temporary absence of a dispenser or applicator, a dispenser assistant is available at the retail outlet who is trained in accordance with the latest edition of the Environmental Code of Practice for Pesticides published by the Department.

(4) A retail vendor registration is immediately

(a) suspended on the date when the holder is not a dispenser or applicator or does not employ a dispenser or applicator, and



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(b) reactivated on the date when the holder is a dispenser or applicator or employs a dispenser or applicator, unless the retail vendor registration has expired.

7 The following is added after section 14.1:

Qualifications for a dispenser certificate

14.2(1) An applicant for a dispenser certificate must

(a) be at least 18 years of age,

(b) pass an examination or have qualifications recognized by the Director concerning the proper and safe handling, display, sale, distribution, storage, emergency response and disposal of pesticides in the class of dispenser certificate for which the applicant is applying, and

(c) meet any other criteria or competencies

(i) determined by the Director to the satisfaction of the Director, or

(ii) recognized by the Director.

(2) An applicant for a dispenser recertification must

(a) pass the examination or have the qualifications referred to in subsection 1(b), or

(b) meet the requirements of a continuing education program determined by the Director.

(3) The Director may refuse to issue, recertify or recognize a dispenser certificate if

(a) the applicant has contravened the Act or this Regulation or the Pest Control Products Act (Canada) or any of the regulations under that Act, or

(b) the applicant has not met the requirements of subsection (1) or (2).


(a) by renumbering it as section 15(1);

(b) by adding the following after subsection (1):



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(2) A wholesale vendor registration or a retail vendor registration is cancelled on the date when the holder of the wholesale vendor registration or retail vendor registration moves the location of the holder’s outlet without prior notification to the Director.


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

(d) where the purchaser

(i) is the holder of a wholesale vendor registration, the purchaser’s registration number and the expiry date of the registration,

(ii) is the holder of a retail vendor registration,

(A) the purchaser’s registration number and the expiry date of the registration, and

(B) the dispenser’s or applicator’s name, type of certificate, certificate number and the expiry date of the certificate,

(iii) is a person to whom section 14(1.1) or (3) applies, the appropriate Certificate of Compliance number and the expiry date of the Certificate of Compliance, or

(iv) sells at retail pesticides listed in Schedule 3, the dispenser’s or applicator’s name, type of certificate, certificate number and the expiry date of the certificate.


(2) A wholesale vendor shall forward to the Director a copy of a record or the summary of a record maintained pursuant to subsection (1) in a form acceptable to the Director

(a) within 30 days following the receipt of a request in writing from the Director, or

(b) within the time specified by the Director.



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10 Section 18(1)(d) is repealed and the following is substituted:

(d) where the purchaser

(i) is the holder of a pesticide service registration, the purchaser’s registration number and the expiry date of the registration,

(ii) is the holder of an applicator certificate, the purchaser’s applicator certificate number and the expiry date of the applicator certificate,

(iii) is authorized or certified pursuant to section 13 of the Pesticide Sales, Handling, Use and Application

Regulation (AR 24/97), the number and expiry date of the purchaser’s authorization or certificate,

(iv) is a commercial agriculturalist, the purchaser’s legal land description, the Alberta Farm Fuel Benefit number or other information that would verify that the purchaser is a commercial agriculturalist, or

(v) is an acreage owner or hobby greenhouse owner purchasing a Schedule 2 pesticide in accordance with section 20 of the Pesticide Sales, Handling, Use and

Application Regulation (AR 24/97), a rural land location or other identification that would verify that the purchaser is an acreage owner or hobby greenhouse owner.

11 Section 22.1 is amended by striking out “June 30, 2018” and substituting “June 30, 2023”.

12 Schedule 4 is amended

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

(a) “Code” means the 3-letter code used by federal authorities responsible for the Pest Control Products

Act (Canada) to identify active ingredients;

Code Compound

BRF BRODIFACOUM BRM BROMADIOLONE CGO CHOLECALCIFEROL



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CHP CHLOROPHACINONE CPD 3-CHLORO-1,2-PROPANEDIOL DFL DIFETHALION DPC DIPHACINONE EGO ERGOCALCIFEROL GUM NATURAL GUM RESINS PIN PINDONE POB POLYMERIZED BUTENES SIF SILICON DIOXIDE

(FRESH WATER FOSSILS) SIL SILICA AEROGEL or SILICA GEL (AMORPHOUS) SIO SILICON DIOXIDE

(SALT WATER FOSSILS) SQS SULFAQUINOXALINE WAR WARFARIN

(b) in section 1(1)(b)

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

(i.1) Impregnated Fabric (IF)

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

(iii) Pellets (PE)

(c) in the table at the end of Schedule 4 in clause (m)

(i) by repealing clause (vii), Columns II and III and substituting the following: (vii) SIL, SIO, SIF (vii) all D and C formulations

(ii) by repealing subclause (ix), Column III and substituting the following:

(ix) all D and C formulations of insect strips with FORM as SR, IF and SO

13 Schedule 5 is amended by repealing the title of the Schedule and substituting the following:

Classes of Pesticide Applicator Certificates and Service Registration Activities


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Protecting Choice for Women Accessing Health Care Act

PROTECTING CHOICE FOR WOMEN ACCESSING HEALTH CARE REGULATION

Filed: June 11, 2018

For information only: Made by the Lieutenant Governor in Council (O.C. 195/2018) on June 11, 2018 pursuant to section 6 of the Protecting Choice for Women Accessing Health Care Act.

Facilities specified for access zone

1 The following facilities are specified as facilities for which an access zone is established under section 6(1) of the Protecting Choice

for Women Accessing Health Care Act:

(a) Kensington Clinic, located at 2431 - 5 Avenue NW, Calgary, Alberta;

(b) Woman’s Health Options, located at 12409 - 109A Avenue NW, Edmonton, Alberta.

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


Municipal Government Act

MUNICIPALLY CONTROLLED CORPORATIONS REGULATION


For information only: Made by the Minister of Municipal Affairs (M.O. MSL:045/18) on June 5, 2018 pursuant to section 75.5 of the Municipal Government Act.

Table of Contents

1 Interpretation

2 Notification to Minister

3 Public hearing

4 Business plan

5 Unanimous shareholder agreement

6 Annual financial statements

7 Material change

8 Exemption

9 Expiry

10 Repeal



AR 112/2018 MUNICIPAL GOVERNMENT

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Interpretation

1(1) In this Regulation,

(a) “Act” means the Municipal Government Act;

(b) “controlled corporation” means a controlled corporation as defined in section 75.1(1)(a) of the Act;

(c) “corporation” means a corporation as defined in section 75.1(1)(b) of the Act.

(2) For the purposes of section 75.4(1) of the Act, the definition of “public utility” in section 1(1)(y) of the Act is limited to subclause (i) of that definition.

Notification to Minister

2(1) A municipality must notify the Minister if the council of the municipality passes a resolution under section 75.1(2) of the Act.

(2) The notification must include a copy of the resolution and be sent to the Minister within 60 days of the passing of the resolution.

Public hearing

3(1) For the purposes of sections 75.1(3)(b) of the Act, the municipality must disclose

(a) the services the corporation intends to provide,

(b) the names of the shareholders of the corporation,

(c) the geographic locations in and outside Alberta in which the corporation intends to provide services,

(d) in the case of a corporation that intends to provide utility services, a projected rate structure, and

(e) the market impact analysis contained in the business plan, if any.

(2) The information described in subsection (1) must be made available for public inspection no less than 30 days prior to the public hearing.

(3) Subject to subsection (2), notice of the public hearing must be given in accordance with section 606 of the Act.

(4) The public hearing must be held pursuant to section 230 of the Act.



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Business plan

4 For the purposes of section 75.1(4)(e) of the Act, a business plan must include the following information:

(a) the services the corporation intends to provide;

(b) the names of the shareholders of the corporation;

(c) the geographic locations in and outside Alberta in which the corporation intends to provide services;

(d) any potential environmental, financial, labour or other liability risk in controlling the corporation;

(e) information demonstrating that the corporation will not be dependent on the shareholders for its ongoing operations;

(f) the impact of controlling the corporation on each municipality’s financial viability;

(g) in the case of a corporation that intends to provide utility services, a projected rate structure;

(h) a market impact analysis if municipal control of the corporation would result in competition with similar services provided by the private sector.

Unanimous shareholder agreement

5(1) If one or more municipalities propose to establish or acquire control of a corporation, the councils of the municipalities must, after passing resolutions under section 75.1(2)(a) of the Act adopt, by resolution, a unanimous shareholder agreement.

(2) The unanimous shareholder agreement must address the following matters:

(a) the matters referred to in section 146(1) of the Business

Corporations Act;

(b) the controlled corporation’s service delivery standards and decision-making structure;

(c) a dispute resolution process in the event of disputes between shareholders;

(d) a method by which the shareholders must provide direction to the controlled corporation with respect to what action, if any, the controlled corporation is to take regarding a



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proposed material change in response to one or more reports received under section 7(5).

Annual financial statements

6 For the purposes of section 75.2(1) of the Act, there must be included with the controlled corporation’s annual financial statements a supplementary disclosure of the nature and amount of any financial assistance, including transfers of money or other assets, loans and loan guarantees, provided to the controlled corporation by any shareholder, the province or the federal government.

Material change

7(1) In this section, “material change”, in respect of a controlled corporation, means

(a) a change in the type of services offered by the controlled corporation,

(b) the purchase, sale, transfer or issuance of any shares in the controlled corporation that would result in a change to the controlling interest,

(c) a change in the geographic locations where the controlled corporation offers services, if that change was not contemplated in the business plan under section 75.1(3)(a) of the Act, or

(d) a change in the business, financing, operations or affairs of the controlled corporation that would be considered important by a reasonable person taking into account the circumstances of the controlled corporation in its entirety.

(2) When a municipality is required under section 75.3 of the Act to notify their residents of a proposed material change, the following information, if relevant to the proposed material change, must be made available to them:

(a) the services the controlled corporation intends to provide;

(b) the names of the shareholders of the controlled corporation;

(c) the geographic locations in and outside Alberta in which the controlled corporation intends to provide services;

(d) in the case of a controlled corporation that intends to provide utility services, a projected rate structure;



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(e) the market impact analysis contained in the business plan, if any.

(3) The information described in subsection (2) must be made available not less than 30 days prior to the engagement process.

(4) Subject to subsection (3), notice of any planned engagement must be given in accordance with section 606 of the Act.

(5) After giving their residents the opportunity to make representations on the proposed material change, the council of each municipality that is a shareholder of the controlled corporation must provide a report to the controlled corporation summarizing the representations made during the engagement process.

Exemption

8(1) EPCOR Utilities Inc. and ENMAX Corporation, and their subsidiaries, are exempt from

(a) sections 75.1(2) to (4), 75.2 and 75.3 of the Act, and

(b) sections 2 to 7 of this Regulation.

(2) Section 75.4(3) is modified to the extent that section 45(3)(b) of the Act does apply to EPCOR Water Services Inc. and its subsidiaries.

Expiry

9 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 June 30, 2021.

Repeal

10 The Control of Corporations Regulation (AR 284/2003) is repealed.

Coming into force

11 This Regulation comes into force on the coming into force of section 13 of the Modernized Municipal Government Act.


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Investing in a Diversified Alberta Economy Act

COMMUNITY ECONOMIC DEVELOPMENT CORPORATION TAX CREDITS REGULATION


For information only: Made by the Lieutenant Governor in Council (O.C. 203/2018) on June 14, 2018 pursuant to section 55 of the Investing in a Diversified Alberta Economy Act.

Table of Contents

1 Interpretation

2 Voting restrictions

3 Other requirements for registration

4 Other information for registration

5 Equity share — prescribed rights

6 Notice to Minister

7 Cancellation of tax credit certificate

8 Application of sections 6 to 28 of Act

9 Coming into force

Schedule

Interpretation

1(1) In this Regulation,

(a) “Act” means the Investing in a Diversified Alberta Economy

Act;

(b) “common interest group”, in relation to a corporation, means 2 or more persons, whether or not associated or affiliated, who, pursuant to an agreement, commitment or understanding, exercise, or intend to exercise, in concert, any rights attached to or associated with their shares other than membership shares;

(c) “defined community” means a group of individuals that may be reasonably distinguished by common geographic or economic characteristics;

(d) “ECB investment program” means an investment by a community economic development corporation in an eligible community business for which the eligible shareholders of the community economic development corporation are entitled to a tax credit certificate under section 21 of the Act;


AR 113/2018 INVESTING IN A DIVERSIFIED ALBERTA ECONOMY

- 540 -

(e) “eligible community business” means a corporation or cooperative that has no more than 100 employees calculated in accordance with section 12(4) of the Act;

(f) “eligible shareholder” means a shareholder of a community economic development corporation to whom a tax credit certificate is issued;

(g) “secured loan” means a loan by a community economic development corporation to an eligible community business

(i) in respect of which the collateral security for the loan is considered to secure repayment of the loan, and

(ii) the terms of which authorize the community economic development corporation to demand repayment of the loan or to assign the loan to another person where the loan becomes prohibited under section 17 of the Act;

(h) “share” includes an investment share issued by a cooperative;

(i) “shareholder” includes an investment shareholder as defined in the Cooperatives Act.

(2) A reference in sections 5 to 7 of this Regulation to sections 6 to 28 of the Act is a reference to one or more of those sections of the Act as modified and set out in the Schedule.

Voting restrictions

2(1) A shareholder of a community economic development corporation that is a corporation who is receiving, or is proposed to receive, any fees or remuneration from the community economic development corporation or whose associate or affiliate is receiving, or is proposed to receive, any fees or remuneration from the community economic development corporation is not entitled to vote in person or by proxy at a general meeting in respect of an ordinary resolution to approve or ratify the payment of any fees or remuneration by the community economic development corporation.

(2) Neither

(a) a member, nor

(b) a shareholder who has voting rights

of a community economic development corporation that is a cooperative who is receiving, or is proposed to receive, any fees or remuneration from the community economic development corporation or whose associate or affiliate is receiving, or is proposed to receive,



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any fees or remuneration from the community economic development corporation is entitled to vote in person or by proxy at a general meeting in respect of an ordinary resolution to approve or ratify the payment of any fees or remuneration by the community economic development corporation.

Other requirements for registration

3(1) The articles of a community economic development corporation applying for registration under the Act must, in respect of the ECB investment program, provide that fees or remuneration of any kind to any shareholder, director or officer of the community economic development corporation, or to any affiliate or associate of those persons, are prohibited except as permitted by an annual ordinary resolution.

(2) It is a requirement under section 30(d) of the Act that a majority of the directors of the community economic development corporation must be ordinarily resident in Alberta at the time of registration and for the duration of the community economic development corporation’s registration.

(3) It is a requirement under section 30(d) of the Act that a community economic development corporation that is a corporation

(a) must not be registered as a venture capital corporation under the Act,

(b) must have equity capital of at least $10 000, and

(c) must have a share structure consisting of only one or both of the following:

(i) common shares having no special rights or restrictions;

(ii) common shares having special rights relating only to redemption of the shares by the corporation.

(4) It is a requirement under section 30(d) of the Act that a community economic development corporation that is a cooperative

(a) must have at least $10 000 from one or a combination of the following:

(i) the issuance of membership shares;

(ii) the issuance of investment shares;

(iii) the raising of money by way of member loans,



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and

(b) must have a share structure consisting of one or both of the following:

(i) shares having special rights relating only to redemption of the shares by the cooperative;

(ii) shares having rights to vote in accordance with section 108 of the Cooperatives Act.

Other information for registration

4 For the purposes of section 29(2)(a) of the Act, a community economic development plan must contain the following information:

(a) the defined community that the community economic development corporation intends to support;

(b) the social or economic development challenge that the community economic development corporation will attempt to help overcome.

Equity share — prescribed rights

5(1) Subject to the Act, for the purposes of the definition of “equity share” in section 2(1)(k) of the Act, prescribed rights and restrictions are rights and restrictions attached to the share, or rights and restrictions contained in or forming part of an agreement, commitment or understanding in respect of the share of a community economic development corporation, that

(a) create a debt between the holder or beneficial owner of the share and any other person,

(b) impair or will impair the ability of the community economic development corporation to maintain the levels of equity capital invested in eligible investments required by section 10 of the Act,

(c) impair or will impair the ability of an eligible community business, in which the community economic development corporation has made an eligible investment, to carry on an ongoing business with a reasonable expectation of profit, or

(d) will entitle the holder or beneficial owner of the share to reduce the impact of any loss the holder or beneficial owner will sustain in holding or disposing of the share.



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(2) Notwithstanding subsection (1), prescribed rights and restrictions do not include rights and restrictions that become operative on the death, permanent disability, bankruptcy or other similar hardship of a shareholder of the community economic development corporation or the eligible community business in which the community economic development corporation has made an eligible investment if that shareholder is a party to a contract with the community economic development corporation or the eligible community business.

(3) For the purpose of subsection (2), “similar hardship” means a hardship that, in the opinion of the Minister, warrants overriding the considerations referred to in subsection (1).

Notice to Minister

6 A community economic development corporation must notify the Minister within 30 days

(a) of ceasing to maintain a place of business or a permanent establishment, as defined in the Alberta Corporate Tax Act, in Alberta,

(b) of changing its registered office under the Business

Corporations Act or the Cooperatives Act, as the case may be,

(c) of acquiring a different or additional place of business or permanent establishment, as defined in the Alberta Corporate

Tax Act, in Alberta or elsewhere,

(d) of changing its fiscal year-end,

(e) of directly or indirectly acquiring, redeeming or cancelling one of its own shares,

(f) of failing to comply with section 10(3), 13(1), 14, 15, 16, 17, 18, 19 or 20 of the Act,

(g) if an investment ceases to meet the criteria set out in section 12(1)(b) or (e) of the Act,

(h) of passing a resolution referred to in section 23(1)(a) to (c) or 24(1)(a) of the Act, or

(i) of taking or having taken against it action referred to in section 25(b) to (d) of the Act.



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Cancellation of tax credit certificate

7(1) The Minister must cancel a tax credit certificate issued under section 21 of the Act and issue a new tax credit certificate where information on the original certificate is incorrect or has changed since the date the original tax credit certificate was issued or for any other similar reason the Minister considers appropriate.

(2) A tax credit certificate cancelled under subsection (1) is deemed never to have been issued.

(3) A tax credit certificate issued under subsection (1) is deemed to have been issued on the same date that the certificate cancelled under subsection (1) was issued under section 21 of the Act.

Application of sections 6 to 28 of Act

8 For the purposes of section 32 of the Act, sections 6 to 28 of the Act, as modified to read for the purpose of applying to a community economic development corporation, are set out in the Schedule.

Coming into force

9 This Regulation comes into force on August 1, 2018.

Schedule

Application of sections 6 to 28 of the Act to a Community Economic Development Corporation

Register of community economic development corporations

6(1) The Minister must maintain a register of community economic development corporations.

(2) The Minister must publish the register by posting the register on a publicly accessible website.

(3) The register must contain the following information in respect of each community economic development corporation:

(a) the name of the community economic development corporation;

(b) the date it was registered under this Part;

(c) the location of its registered office;

(d) the principal place of business of the community economic development corporation;

(e) the total amount of equity capital approved under section 11;



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(f) the amount of equity capital, to the knowledge of the Minister, that the community economic development corporation has raised;

(g) the amount that the community economic development corporation, to the knowledge of the Minister, has invested in eligible investments.

Permanent establishment

7(1) In this section, “permanent establishment” has the same meaning as in the federal Act.

(2) A community economic development corporation must establish a permanent establishment in Canada within 30 days after being registered and must afterward maintain a permanent establishment in Canada.

Restrictions on business

8(1) For the purposes of the ECB investment program, a community economic development corporation must not carry on any type of activity other than

(a) making investments permitted under section 19, and

(b) providing business and managerial expertise to eligible community businesses in which it has made or proposes to make an eligible investment.

(2) No act of a community economic development corporation, including the transfer of property by or to it, is invalid merely because the act contravenes subsection (1).

Restrictions on purchase of

shares and share certificates

9(1) All issued shares of a community economic development corporation must be fully paid for in cash and must not be used for security for any loan.

(2) All share certificates of a community economic development corporation must conspicuously state the following on their face:

“The value of these shares may be significantly affected by the revocation provisions in section 21 and the repayment provisions in section 22 of the Investing in a Diversified Alberta Economy

Act.”

(3) Without the written approval of the Minister, a community economic development corporation must not alter its share structure.

(4) Subsections (1) to (3) apply only in respect of shares referred to in section 11(1)(a).



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Minimum capital requirements

10(1) By the end of its first year after the date of registration under this Part and afterwards, a community economic development corporation must have equity capital raised in accordance with section 11 of at least $50 000.

(2) The amount of equity capital referred to in subsection (1) includes the amount referred to in section 3(3) or (4)(a)(ii), as the case may be, of the Community Economic Development Corporation Tax Credits

Regulation.

(3) A community economic development corporation must

(a) have invested in eligible investments in an amount that is

(i) equal to or greater than 40% of the equity capital it has raised during any fiscal year by the end of its first following fiscal year,

(ii) equal to or greater than 60% of the equity capital it has raised during any fiscal year by the end of its second following fiscal year, and

(iii) equal to or greater than 80% of the equity capital it has raised during any fiscal year by the end of its third following fiscal year,

and

(b) keep that amount in eligible investments for at least 5 years after the date of the applicable investment.

(4) An amount referred to in subsection (3)(a) is reduced by the amount of any dividend paid from the community economic development corporation to its shareholders if the dividend is not one that is paid from the community economic development corporation’s

(a) net income, or

(b) retained earnings

calculated in accordance with generally accepted accounting principles.

(5) For the purposes of subsection (3), the amount of equity capital invested by a community economic development corporation in an eligible investment is deemed to be zero as at the date the investment was made if an agreement, commitment or understanding in respect of that investment may result in the acquisition of that investment from



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the community economic development corporation within 5 years, or such shorter time as the Minister specifies.

(6) Subsection (5) does not apply with respect to an agreement, commitment or understanding authorizing the acquisition of the investment on the death, permanent disability, bankruptcy or similar hardship of a shareholder of the community economic development corporation or the eligible community business in which the community economic development corporation makes an eligible investment if that shareholder is a party to a contract with the community economic development corporation or the eligible community business.

(7) For the purposes of subsection (6), “similar hardship” means a hardship that, in the opinion of the Minister, warrants overriding subsection (5).

(8) Subsection (2) applies only in respect of shares referred to in section 11(1)(a).

Equity capital issues

11(1) A community economic development corporation may apply to the Minister for approval to raise equity capital for the purposes of the ECB investment program, and the Minister may grant the approval subject to any conditions that the Minister may impose, including but not limited to

(a) a condition that the community economic development corporation create a separate class of shares to be issued to corporations and individuals as defined in section 21(1),

(b) a condition that the shares may only be issued, as the Minister specifies, to corporations and individuals as defined in section 21(1),

(c) a condition setting the maximum consideration for which those shares may be issued to those corporations and individuals,

(d) a condition that the equity capital be raised only for the purposes of an investment in an eligible community business referred to in section 12(1)(e) that is engaged in a business activity described in section 12(8), and

(e) a condition setting the maximum amount of equity capital that may be raised over the previous 12-month period, which must not exceed $3 000 000.



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(2) A community economic development corporation may incur annual expenses of no more than 20% of its equity capital raised under subsection (1), other than expenses paid out of retained earnings, if

(a) the expenses are reasonable and are incurred for

(i) share issuance,

(ii) office occupancy,

(iii) legal fees,

(iv) preparation of financial accounts by an external accountant,

(v) preparation of the annual return under section 28, or

(vi) management fees of no more than 3% per annum of the equity capital raised,

and

(b) any expenses paid to a person who controls directly or indirectly, or who belongs to a group that controls directly or indirectly, the community economic development corporation, have been specifically approved by ordinary resolution in advance of payment and are made to a person whose business it is to provide the services or things in respect of which the expenses were incurred.

(3) For the purposes of subsection (2), retained earnings and expenses must be determined in accordance with generally accepted accounting principles.

Investment in eligible community business

12(1) A community economic development corporation may, for the purposes of the ECB investment program, make an investment in an eligible community business if the following criteria are met:

(a) subject to subsection (2), the eligible community business, together with its affiliates, has no more than 100 employees calculated in accordance with subsections (4) and (5);

(b) at least the percentage of the wages and salaries, determined in accordance with subsections (6) and (7), of the eligible community business is or will be paid to employees who regularly report to work at operations located in Alberta;

(c) not more than 20% of the eligible community business’s assets are located outside Alberta;



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(d) the eligible community business’s permanent establishment, as defined in the Alberta Corporate Tax Act, is in Alberta;

(e) the eligible community business, if required by a condition of the Minister, is or will be engaged in Alberta in a business activity described in subsection (8) that is specified by the Minister in the condition;

(f) the eligible community business is an active business;

(g) the eligible community business is not a non-profit, charitable or non-taxable corporation or cooperative;

(h) the eligible community business has not received any funding from a venture capital corporation or another eligible business corporation;

(i) if the eligible community business has identified a social challenge that the economic community will attempt to overcome, the Minister is satisfied that a percentage, as set by the Minister, of the amount received from the community economic development corporation has been used as an expense towards that social challenge;

(j) the Minister is satisfied that the eligible community business is contributing to one or both of the following:

(i) to the economic development of the rural community;

(ii) to the improvement of a social challenge of the economic community;

(k) the eligible investment consists or will consist of

(i) the direct acquisition from the eligible community business of equity shares issued for the purpose of raising new equity capital,

(ii) a secured loan to the eligible community business,

(iii) the direct acquisition from an affiliate of the eligible community business of equity shares of the affiliate, or

(iv) a debt instrument that meets the criteria set out in subsection (11);

(l) the funds paid by the community economic development corporation for any equity shares referred to in clause (k)(iii) are in turn invested in equity shares of the eligible



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community business by the affiliate within the time limits provided for in section 10(3);

(m) the investment is not prohibited under sections 13 to 16.

(2) Subsection (1)(a) does not apply in respect of an eligible community business in which a community economic development corporation previously invested at a time when the eligible community business had fewer than 100 employees calculated in accordance with subsection (4).

(3) Despite subsection (1)(a), if

(a) an eligible community business and another corporation are affiliates only because one of them is controlled by one person and the other by one or more persons described in section 2(1)(c)(v) or (vi), and

(b) the Minister is satisfied that the eligible community business and the other corporation do not have any agreement, commitment or understanding to conduct, in concert, any business,

then, in calculating the number of employees under subsection (1)(a), the Minister must not count the employees of the affiliate of the eligible community business.

(4) The number of employees of a corporation or cooperative must be calculated, at the option of the community economic development corporation, in accordance with either of the following formulas:

(a) Number of Employees = Total Hours 40 x w where

Total Hours = the total hours worked by all employees each of whom worked for at least 20 hours (counting all time worked by each employee whether for the eligible community business, any of its affiliates or both) during any week of the calculation period;

w = the number of weeks in the calculation period;

(b) Number of Employees = Employee Costs x 52 ÷ 57 000 w where



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Employee Costs = all amounts paid or payable by the eligible community business to or on behalf of employees for work performed or services provided by them during the calculation period;

w = the number of weeks in the calculation period.

(5) For the purpose of subsection (1)(a), the number of employees of an eligible community business together with its affiliates, is the sum of the number of employees calculated pursuant to subsection (4) for the eligible community business and each of its affiliates.

(6) For the purposes of subsection (1)(b), the percentage of wages in Alberta is

(a) in the case of an eligible community business engaged in the export of goods from Alberta or in the provision of services outside Alberta, at least 50%, and

(b) in the case of all other eligible community businesses, at least 75%.

(7) The percentage of wages and salaries that are paid to employees of a corporation or corporations for the purposes of subsection (1)(b) must be determined in accordance with the following formula:

Percentage of wages and salaries = Wages (AB) x 100 Total Wages where

Wages (AB) = the total remuneration that was paid to employees of the corporation or corporations who regularly reported to work at operations located in Alberta during the calculation period;

Total Wages = the total remuneration that was paid to all employees of the corporation or corporations during the calculation period.

(8) For the purposes of subsection (1)(e), the business activities that an eligible community business must be engaged in are

(a) in the case of an eligible community business contributing to the economic development of the rural community, one or more of the following so long as the eligible community business has a permanent establishment in the rural community:

(i) gaining access to new markets or developing new products in the rural community;



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(ii) offering new business opportunities in the rural community;

(iii) maintaining a presence in the rural community;

(b) in the case of an eligible community business contributing to the improvement of a social challenge of the economic community, one or both of the following:

(i) increasing the economic community’s access to consumer goods and services that improves the community’s social challenge;

(ii) providing services or training to its employees that improves their social challenge;

(c) in the case of an eligible community business contributing to both the economic development of the rural community and the improvement of a social challenge of the economic community, one or more of the activities described in clauses (a) and (b).

(9) Despite subsection (8), a business activity described under subsection (8) does not include

(a) exploration or extraction of minerals or the operation of a mine,

(b) financial services such as providing loans, selling insurance or real estate or trading in securities,

(c) property management or the rental or leasing of land or improvements,

(d) the development of or improvement to land,

(e) agricultural activities other than value added agricultural activities such as an activity that changes, alters or modifies a product that adds value to an agricultural commodity through a manufacturing process,

(f) the sale of liquor or cannabis,

(g) professional practices,

(h) a franchise business,

(i) duplicating services that are ordinarily provided by government or an agency of the government,



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(j) the lease of tangible or intangible personal property to a person for the person’s personal consumption or use,

(k) electricity generation activities unless specifically approved by the Minister, or

(l) any activity that the Minister considers would be contrary to public policy,

(10) The Minister may exercise his or her discretion to the extent required in reaching a conclusion that a business activity is one described under subsection (8) or (9).

(11) For the purposes of subsection (1)(k)(iv), the criteria for a debt instrument are as follows:

(a) the debt instrument is secured by property, and the property has a value that does not exceed 50% of the amount of the indebtedness under the debt instrument at the time of the investment;

(b) the debt instrument does not

(i) restrict the borrower from incurring other indebtedness, or

(ii) penalize the borrower for incurring other indebtedness;

(c) the outstanding balance from time to time under the debt instrument bears interest at a rate not exceeding 12% per annum, calculated semi-annually not in advance;

(d) the debt instrument will be converted within 18 months after its issuance into one or more equity shares issued by an eligible community business.

(12) For the purposes of this section, “calculation period” means

(a) where an eligible community business or affiliate of an eligible community business has been in business for a period of less than one year as at the date of the calculation, that entire period, or

(b) where an eligible community business or affiliate of an eligible community business has been in business for one year or longer, the 52 weeks just ended at the date of the calculation.

(13) For the purpose of applying the formulas in this section to determine whether a proposed investment by a community economic



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development corporation in an eligible community business is an eligible investment, the calculation period ends immediately before the community economic development corporation proposes to make the investment.

(14) For the purposes of subsections (1)(j)(i) and (8)(a)(ii), “rural community” means

(a) a municipal district as defined in the Municipal Government

Act,

(b) a municipal authority, other than a municipal district, as defined in the Municipal Government Act with a population not greater than 25 000 at the time the first investment by a community economic development corporation is made in the municipal authority,

(c) a Metis settlement, or

(d) an Indian reserve under the Indian Act (Canada),

but does not include an urban service area established within a specialized municipality under the Municipal Government Act where the urban service area has a population greater than 25 000.

(15) For the purposes of subsection (1)(j)(ii) and (8)(b), “economic community” means a group of individuals that may be distinguished by common economic characteristics.

(16) For the purposes of subsection (1)(g), “not a non-profit”, in respect of a corporation or cooperative, means a corporation or cooperative that, in accordance with its articles, has a right to issue dividends or patronage returns to its shareholders or members, as the case may be.

Investment for certain purposes prohibited

13(1) Subject to subsection (3), a community economic development corporation must not, for the purposes of the ECB investment program, make or hold an investment in an eligible community business if all or part of the proceeds of that investment are directly or indirectly used or intended to be used by the eligible community business for any of the following purposes:

(a) lending;

(b) investment outside Alberta;

(c) investment in land, unless the investment is incidental or ancillary to the business activities, described in section 12(8), of the eligible community business;



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(d) acquiring securities, other than the acquisition of equity shares of an affiliate of the eligible community business that complies with the criteria set out in section 12(1)(k)(iii);

(e) purchasing goods or services from

(i) the community economic development corporation,

(ii) a director, officer or shareholder of the community economic development corporation, or

(iii) an associate of a director, officer or shareholder of the community economic development corporation,

other than

(iv) services of the type described in section 8(1)(b) that are purchased at fair market value by the eligible community business, or

(v) goods or services that are sold at fair market value to the eligible community business in the ordinary course of the seller’s business as a seller of such goods or services on the open market;

(f) payment of all or part of a debt obligation, other than a secured loan, unless

(i) the Minister considers that the payment is necessary for the financial viability of the eligible community business, or

(ii) the debt obligation was incurred with the prior written approval of the Minister in anticipation of an investment in the eligible community business by the community economic development corporation;

(g) as part of a transaction or series of transactions directly or indirectly involving any of the following:

(i) the purchase or redemption of previously issued shares of the eligible community business or one of its affiliates;

(ii) the retirement of any part of a liability to a shareholder of the eligible community business or one of its affiliates or of a liability to a shareholder’s associate or affiliate;

(iii) the payment of dividends;



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(iv) subject to subsection (5), the funding of all or part of the purchase by the eligible community business of all or a substantial portion of the assets of a proprietorship, partnership, joint venture, trust or corporation;

(v) the funding of all or part of the purchase by the eligible community business of any of the assets of a proprietorship, partnership, joint venture, trust or corporation at a price that is greater than the fair market value of the assets purchased.

(2) If an eligible community business issues equity shares to a community economic development corporation in payment of all or part of a debt obligation that is the subject of an approval under subsection (1)(f)(ii), the original principal amount of all or part, as the case may be, of the debt obligation must, for the purposes of section 2(1)(j), be treated as if it were money received by the eligible community business.

(3) Subsection (1) does not prohibit a community economic development corporation from making or holding an investment in an eligible community business if the funds invested by the community economic development corporation were raised other than through the issue of equity capital approved by the Minister under section 11.

(4) The onus of demonstrating that goods and services are sold for fair market value to an eligible community business in accordance with subsection (1)(e) is on the community economic development corporation and the eligible community business.

(5) Subsection (1)(g)(iv) does not apply where all or part of the proceeds of the investment referred to in that section are directly or indirectly used, or intended to be used, by the eligible community business to purchase any assets of a proprietorship, partnership, joint venture, trust or corporation

(a) for utilization in a business or activity that is neither the same as nor similar to any business or activity that the seller of the assets to the eligible community business carried on before, or at the time of, the sale of the assets to the eligible community business,

(b) that is the subject of a proposal to, or arrangement with, its creditors that has been approved by the court under the Bankruptcy and Insolvency Act (Canada), or

(c) if all or substantially all of the purchased assets are under the control of a receiver, receiver manager, sequestrator or trustee in bankruptcy.



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Control of eligible community business — prohibitions

14 A community economic development corporation must not make or hold an investment in an eligible community business if it and any other community economic development corporation or corporations, either alone or in conjunction with one or more of their

(a) associates or affiliates,

(b) shareholders or their associates or affiliates,

(c) directors or their associates, or

(d) officers or their associates,

would, except pursuant to any rights under a secured loan, own, directly or indirectly, shares carrying 50% or more of the voting rights for the election of directors of the eligible community business or would, in any manner, control the eligible community business.

Non-arm’s length investment prohibited

15(1) A community economic development corporation must not make or hold an investment in an eligible community business if any of the shares of the community economic development corporation are held by a major shareholder who is, or was at any time during the 2 years immediately preceding the investment, any of the following:

(a) a major shareholder of the eligible community business;

(b) an associate of a major shareholder of the eligible community business;

(c) a voting trust for which the trustee votes shares of the eligible community business;

(d) the eligible community business or an associate or affiliate of the eligible community business.

(2) A community economic development corporation must not make or hold an investment in an eligible community business if the eligible community business or an associate, affiliate, director, officer or shareholder of the eligible community business provides or has provided, directly or indirectly, as part of any transaction or series of transactions, a loan, guarantee or any other financial assistance to any of the following:

(a) the community economic development corporation;

(b) an associate or affiliate of the community economic development corporation;



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(c) a director, officer or shareholder of the community economic development corporation;

(d) a member of any common interest group in respect of the community economic development corporation;

(e) another person, for the purpose of that person making an investment in the community economic development corporation.

Aggregate investment by community economic

development corporation

16(1) A community economic development corporation must not, for the purposes of the ECB investment program, make an investment in an eligible community business if, as a result of that investment, the aggregate of all amounts received by that eligible community business and any affiliates of that eligible community business from the community economic development corporation and any other community economic development corporation or corporations, directly or indirectly, would be greater than $3 000 000 in the previous 12-month period.

(2) For the purposes of this section, amounts received indirectly by an eligible community business from community economic development corporations include amounts received by an affiliate of the eligible community business from community economic development corporations.

Action to be taken if investment becomes prohibited

17(1) If an investment of a community economic development corporation becomes prohibited under sections 13 to 16, the community economic development corporation must dispose of that investment within 6 months after the investment becomes prohibited unless, within the 6-month period, the circumstances that caused the investment to be prohibited change so that it is no longer prohibited under any of those sections.

(2) For the purposes of subsection (1) and section 18, if an investment is a secured loan, the investment is disposed of when the secured loan is repaid or assigned to another person.

(3) If the Minister is satisfied that non-compliance with a provision of sections 13 to 16 by the community economic development corporation occurred even though its officers and directors exercised the degree of care, diligence and skill to ensure compliance with sections 13 to 16 that a reasonably prudent person would have exercised in comparable circumstances, the Minister may by order, with or without conditions, relieve the community economic



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development corporation from the consequences of the non-compliance for a period the Minister considers appropriate.

Changes in eligibility

18(1) If an eligible community business in which a community economic development corporation has made an eligible investment ceases to conform with section 12(1)(b) or (e), the community economic development corporation must dispose of the investment within 6 months after the eligible community business ceases to conform with section 12(1)(b) or (e).

(2) Subsection (1) does not apply if, within the 6-month period referred to in subsection (1), the circumstances that caused the non-conformance with section 12(1)(b) or (e) change so that the eligible community business again conforms with section 12(1)(b) or (e).

(3) The Minister may by order

(a) relieve a community economic development corporation from the requirement under subsection (1) to dispose of the investment to which subsection (1) applies, or

(b) extend the period within which the disposition must be made for an additional period not exceeding 6 months,

if the Minister is satisfied that

(c) the eligible community business’s non-conformance with section 12(1)(b) or (e) was not imminent at the time the community economic development corporation made the investment, and

(d) the eligible community business did not use any of the investment proceeds it received for any purposes set out in section 13 before ceasing to conform with section 12(1)(b) or (e).

Permitted investments and authorized expenses

19(1) A community economic development corporation must not, for the purposes of the ECB investment program, make any investments other than investments in the following:

(a) subject to a condition of the Minister under section 11(1)(d), eligible investments;

(b) money on deposit in Alberta at a treasury branch, credit union or member of the Canada Deposit Insurance Corporation;



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(c) a security, as defined in the Securities Act, of an eligible community business the equity shares of which would qualify as an eligible investment;

(d) the investment protection account under section 20;

(e) securities that are issued by the Government of Alberta or Canada.

(2) A community economic development corporation must not make an investment in a security under subsection (1)(c) unless the security is issued directly to the community economic development corporation by the eligible community business.

Investment protection account

20(1) A community economic development corporation must pay an amount of money equal to 30% of all amounts received by it as equity capital under section 11 into an investment protection account that meets criteria and complies with conditions established by the Minister.

(2) Subsection (1) does not apply if money that would otherwise be required to be paid into the investment protection account will, in the opinion of the Minister, be used to acquire an eligible investment.

(3) If the Minister is satisfied that

(a) a community economic development corporation has made an eligible investment or will use the money immediately to make an eligible investment, and

(b) the sum of

(i) the amount to be paid out of the investment protection account,

(ii) any amounts previously paid out of the investment protection account, and

(iii) any money described in subsection (2) that has previously been used to acquire an eligible investment

is equal to or less than 37.5% of the community economic development corporation’s aggregate eligible investments, the Minister must, subject to subsection (8), authorize payment out of the investment protection account to the community economic development corporation in accordance with subsection (4).

(4) The amount to be paid under subsection (3) is the lesser of



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(a) 37.5% of the purchase price paid or to be paid for the eligible investment or, in the case of an eligible investment that is a secured loan, 37.5% of the amount of the secured loan, and

(b) the total amount in the account.

(5) If

(a) the Minister determines that money is payable to the Finance Minister under section 22, and

(b) there is sufficient money in the investment protection account to pay all or part of the amount payable,

the community economic development corporation must pay the money to the Finance Minister.

(6) Interest earned on money in the investment protection account is payable to the community economic development corporation.

(7) Despite subsection (6), if

(a) the registration of a community economic development corporation is revoked under section 27, or

(b) a community economic development corporation fails to comply with section 10(1) and (3),

the community economic development corporation must pay to the Finance Minister all income earned in respect of the investment protection account between the time the account was opened and the time of revocation or the time at which the period referred to in section 10(3) expires.

(8) The Minister may refuse to authorize a payment under subsection (3) if the Minister considers that the community economic development corporation is contravening or has contravened this Act or the regulations.

(9) If a community economic development corporation acquires one or more of its own shares and the Minister is satisfied that no investor tax credits under section 25.01 of the Alberta Corporate Tax Act or section 35.01 of the Alberta Personal Income Tax Act have been or will be claimed in respect of those shares, the Minister may authorize an amount calculated pursuant to subsection (10) to be paid out of the investment protection account to the community economic development corporation.

(10) An amount authorized under subsection (9) to be paid out of the investment protection account must be the lesser of



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(a) 30% of the amount for which the share acquired was originally issued, and

(b) the amount deposited in the investment protection account in respect of the share acquired.

Tax credit certificates

21(1) In this section,

(a) “corporation” means a corporation to which section 5 of the Alberta Corporate Tax Act applies;

(b) “individual” means an individual as defined in section 35.01 of the Alberta Personal Income Tax Act.

(2) A community economic development corporation must, within 90 days following the end of a calendar year, apply to the Minister on behalf of its eligible shareholders that are corporations, in a form approved by the Minister, for a tax credit certificate entitling each of those eligible shareholders to an investor tax credit under the Alberta

Corporate Tax Act equal to 30% of the amount received by the community economic development corporation from each of those eligible shareholders for those shares in the then-current calendar year.

(3) A community economic development corporation must, within 90 days following the end of a calendar year, apply to the Minister on behalf of its eligible shareholders who are individuals, in a form approved by the Minister, for a tax credit certificate entitling each of those eligible shareholders to an investor tax credit under the Alberta

Personal Income Tax Act equal to 30% of the amount received by the community economic development corporation from each of those eligible shareholders for those shares in the then-current calendar year or, in the case of an individual who makes an election referred to in section 35.01 of the Alberta Personal Income Tax Act, in the first 60 days after the end of that calendar year.

(4) The Minister must issue a tax credit certificate in the amount referred to in subsection (2) to each of the eligible shareholders referred to in subsection (2) if the Minister is satisfied as to all of the matters referred to in subsection (6).

(5) The Minister must issue a tax credit certificate in the amount referred to in subsection (3) to each of the eligible shareholders referred to in subsection (3) if the Minister is satisfied as to all of the matters referred to in subsection (6).

(6) The following are the matters referred to in subsections (4) and (5):



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(a) the community economic development corporation is complying with this Act and the regulations;

(b) the community economic development corporation has established and fully funded the investment protection account as required under section 20;

(c) no tax credit certificate under this section has been previously issued in respect of those shares;

(d) the equity capital that is the subject of the application for the tax credit certificate consists of equity capital of the community economic development corporation the raising of which has been approved in accordance with section 11;

(e) the eligible shareholder acquired the shares directly from the community economic development corporation or its agent acting in that behalf;

(f) the eligible shareholder, if an individual, was resident in Alberta on the date the shareholder subscribed for the shares.

(7) If the Minister refuses to issue a tax credit certificate under this section, the Minister must give notice within 30 days of that refusal, together with reasons for the refusal, to the community economic development corporation.

(8) The Minister may revoke a tax credit certificate issued under this section if the Minister determines that, at the time the tax credit certificate was issued or at a subsequent time, the community economic development corporation was in contravention of this Act or the regulations.

(9) If the Minister revokes a tax credit certificate issued under this section, the Minister must promptly give notice of that revocation, together with reasons for the revocation, to the community economic development corporation and to the Finance Minister.

Repayment of tax credit amount

22(1) If a community economic development corporation directly or indirectly acquires one or more of its own shares, the community economic development corporation must pay to the Finance Minister an amount of money calculated in accordance with subsection (2).

(2) If a community economic development corporation acquires one or more of its own shares for a total consideration that

(a) is equal to or greater than that for which the share or shares were issued, the community economic development corporation must pay to the Finance Minister an amount of



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money equal to 30% of the consideration paid to the community economic development corporation by the eligible shareholder for the share or shares at the time the share or shares were issued, or

(b) is less than that for which the share or shares were issued, the community economic development corporation must pay to the Finance Minister an amount equal to 30% of the greater of

(i) the consideration paid by the eligible community economic development corporation for the acquisition of the share or shares, and

(ii) the amount that the Minister considers was the fair market value of the share or shares at the time the share or shares were acquired, but the amount under this subclause must not be greater than the consideration that was paid to the community economic development corporation for the issue of that share or those shares.

(3) If a community economic development corporation

(a) is deemed to have acquired a share under section 23, or

(b) is deemed under section 25(e) to have acquired all of its shares at the time of an event referred to in section 25(a) to (d),

the community economic development corporation must pay to the Finance Minister an amount equal to 30% of the consideration paid to the community economic development corporation in respect of the issue of that share or those shares.

(4) If the Minister considers that a community economic development corporation has

(a) conducted its business and affairs in a manner consistent with this Act, and

(b) incurred investment losses,

the Minister may by order reduce the amount that would otherwise be payable under subsection (3) in order to take the investment losses into account.

(5) If the Minister considers that a community economic development corporation has conducted its business and affairs in a manner consistent with this Act and has held an eligible investment for at least



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3 years, the Minister may by order reduce the amount that would otherwise be payable under subsection (3) by an amount calculated by

(a) multiplying the amount otherwise payable by the number of days the community economic development corporation held the eligible investment, and

(b) dividing the product obtained under clause (a) by 1825 to determine the amount of the reduction.

(6) If a community economic development corporation has complied with section 10(3) throughout the period required by that section, no amount is payable under this section.

(7) For the purposes of this section, a community economic development corporation is deemed to have acquired one of its own shares at the time the eligible shareholder disposing of the share first received consideration from the community economic development corporation in relation to that disposition.

(8) The amount to be paid to the Finance Minister under this section must not be greater than the aggregate amount of the tax credit certificates issued in respect of a community economic development corporation’s own shares that are acquired or deemed under this section to be acquired by it.

(9) This section applies only in respect of shares referred to in section 11(1)(a).

Voluntary reductions in capital

23(1) For the purposes of section 22, a community economic development corporation is deemed to have acquired one of its own shares if, pursuant to the Business Corporations Act or the Cooperatives Act, as the case may be, it does any of the following:

(a) cancels a share surrendered to the community economic development corporation by way of gift;

(b) reduces its stated capital;

(c) redeems its shares.

(2) Despite anything to the contrary in the Business Corporations Act or the Cooperatives Act, a resolution of a community economic development corporation to reduce its stated capital does not take effect until the community economic development corporation has paid the money payable by it to the Finance Minister under section 22.

(3) This section applies only in respect of shares referred to in section 11(1)(a).



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Voluntary cancellation of registration

24(1) If a community economic development corporation does both of the following, the Minister must cancel the community economic development corporation’s registration:

(a) passes a special resolution requesting cancellation of its registration;

(b) presents proof satisfactory to the Minister that it has complied with sections 20(5) and (7) and 22.

(2) On cancellation under subsection (1), the community economic development corporation may carry on business in accordance with the Business Corporations Act or the Cooperatives Act, as the case may be.

Repayment on revocation, dissolution,

amalgamation or cancellation

25(1) If a community economic development corporation

(a) has its registration revoked under section 27,

(b) is dissolved or has been ordered by a court to dissolve,

(c) without the prior written approval of the amalgamation from the Minister, with or without conditions, under section 9,

(i) enters into an amalgamation agreement, or

(ii) passes a resolution to approve an amalgamation,

or

(d) passes a resolution requesting cancellation under section 24,

the community economic development corporation

(e) is deemed, only for the purposes of section 22(3), to have acquired all of its shares at the time the event referred to in clauses (a) to (d) occurs, and

(f) must make payment to the Finance Minister as required by section 22(3).

(2) In the case of a community economic development corporation that is a cooperative, a resolution referred to in subsection (1)(c)(ii) and (d) is met only if the members and the shareholders who have voting rights each pass the resolution.



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Liability of third party

26(1) In this section, “third party” means

(a) a director or officer of

(i) a community economic development corporation, or

(ii) an eligible community business in which an investment under section 12 was made by a community economic development corporation,

(b) a member of a common interest group that controls

(i) a community economic development corporation, or

(ii) an eligible community business described in clause (a)(ii),

or

(c) in the case of a community economic development corporation that is a corporation, a major shareholder of

(i) the community economic development corporation, or

(ii) an eligible community business described in clause (a)(ii).

(2) If a third party authorizes or acquiesces in

(a) a transaction or event, or

(b) a series of transactions or events,

that the third party knew or reasonably ought to have known at the time of the authorization or acquiescence would render a community economic development corporation liable to make the payment to the Finance Minister required under section 22, the third party is jointly and severally liable for the amount of the payment.

(3) If,

(a) on the basis of information supplied by a director, officer or shareholder of a community economic development corporation, a tax credit certificate has been issued under section 21,

(b) that information is false or misleading, and

(c) the director, officer or shareholder knew, or ought to have known, that it was false or misleading,



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the director, officer or shareholder who supplied the information is liable to pay to the Finance Minister the amount of the tax credit.

Revocation or suspension of registration

27(1) The Minister may suspend or revoke the registration of a community economic development corporation if

(a) the Minister considers that the community economic development corporation

(i) is contravening or has contravened this Act or the regulations or a condition that the Minister imposes, makes or gives under this Act,

(ii) has misrepresented any information to the Minister, either knowingly or through circumstances amounting to negligence, or

(iii) obtained its registration fraudulently or by furnishing false or misleading information or documents,

(b) the community economic development corporation fails to supply information, records or documents when they are required under this Act,

(c) the community economic development corporation supplies information, records or documents referred to in clause (b) that contain false or misleading information, or

(d) the community economic development corporation has no remaining eligible investments as required by section 10(3).

(2) If the Minister suspends a registration under subsection (1), the Minister may

(a) impose conditions to be complied with by the suspended community economic development corporation during the period of suspension, and

(b) reinstate the registration with or without conditions.

(3) Despite subsections (1) and (2), if the Minister considers that a community economic development corporation is conducting its business and affairs in a manner consistent with this Act, the Minister may do either or both of the following:

(a) issue a tax credit certificate;



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(b) reduce the amount that would otherwise be required to be deposited into the investment protection account referred to in section 20.

Annual reporting

28(1) Within 6 months after its fiscal year end, a community economic development corporation must prepare and file with the Minister

(a) an annual return setting out the information described in subsection (2), and

(b) a copy of the most recent financial statements of the community economic development corporation that have been reviewed by a chartered professional accountant or other person who is a licensed or registered member of an accounting association.

(2) For the purposes of subsection (1), a community economic development corporation must, with respect to its most recently ended fiscal year, include the following information in its annual return:

(a) the amount of equity capital raised by the community economic development corporation;

(b) the aggregate value at cost of investments made by the community economic development corporation, the name of each eligible community business the shares of which the community economic development corporation sold and the value at cost of those shares;

(c) the balance held in the investment protection account of the community economic development corporation at the end of the fiscal year;

(d) the aggregate amount of expenses incurred by the community economic development corporation and the amount paid as management fees;

(e) whether any fees or remuneration were paid to the shareholders, officers or directors of the community economic development corporation or to any associate or affiliate of any of them by an eligible community business in which the community economic development corporation made an eligible investment;

(f) whether the articles of the community economic development corporation were amended in a manner that changed the share structure of the community economic development corporation or altered any rights or restrictions



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attached to any share of the community economic development corporation;

(g) the amount of all dividends received by the community economic development corporation in respect of an eligible investment made by it in an eligible community business;

(h) whether the community economic development corporation redeemed any of its shares;

(i) whether a share redemption referred to in clause (h) was reported to the Minister;

(j) in relation to a share redemption referred to in clause (h) that was not reported to the Minister, the name of each investor whose shares were redeemed, the date of each redemption, the number of shares redeemed in each redemption, the investor’s cost of each share redeemed in each redemption and the consideration paid by the community economic development corporation in respect of the redemption;

(k) whether the community economic development corporation paid any expenses to any person or group of persons who, at the time the payment was made, directly or indirectly controlled the community economic development corporation;

(l) whether the community economic development corporation notified the Minister of the occurrence of any events referred to in section 6 of the Community Economic Development

Corporation Tax Credits Regulation.

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Alberta Utilities Commission Act Electric Utilities Act

ELECTRICITY REGULATIONS AMENDMENT REGULATION


For information only: Made by the Lieutenant Governor in Council (O.C. 211/2018) on June 14, 2018 pursuant to section 62 of the Alberta Utilities Commission Act and sections 94, 142 and 147 of the Electric Utilities Act.

1(1) The City of Medicine Hat Payment in Lieu of Tax Regulation (AR 235/2003) is amended by this section.


AR 114/2018 ALBERTA UTILITIES COMMISSION; ELECTRIC UTILITIES

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(2) Section 1(1) is amended

(a) in clauses (b), (d), (f), (g) and (i) by striking out “hour” wherever it occurs and substituting “settlement interval”;

(b) in clause (k)(i) and (ii)

(i) by striking out “an hour” and substituting “a settlement interval”;

(ii) by striking out “that hour” wherever it occurs and substituting “that settlement interval”;

(c) in clause (l) by striking out “hour” wherever it occurs and substituting “settlement interval”;

(d) in clause (m) by striking out “an hour” and substituting “a settlement interval”;

(e) in clause (o) by striking out “hour” and substituting “settlement interval”;

(f) in clause (p) by striking out “Board” and substituting “Commission”;

(g) in clauses (t) and (u) by striking out “hour” wherever it occurs and substituting “settlement interval”;

(h) in clause (y) by striking out “each hour” and substituting “each settlement interval”.

(3) Section 3(1)(a) and (b) is amended by striking out “hour of” and substituting “settlement interval in”.

2(1) The Liability Protection Regulation (AR 66/2004) is amended by this section.


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

(e.1) electricity market;

(b) by repealing clause (i).

(3) Section 2(a) is amended by striking out “a market” and substituting “the electricity market”.



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3(1) The Payment in Lieu of Tax Regulation (AR 112/2003) is amended by this section.

(2) Section 1(1)(g.1)(i) is amended by striking out “Board” wherever it occurs and substituting “Commission”.

4(1) The Transmission Regulation (AR 86/2007) is amended by this section.

(2) Section 1 is amended

(a) in subsection (1)(i) by striking out “of capacity”;

(b) in subsection (2)

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

(a.1) capacity market;

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

(g.1) electricity market;


(a) in clause (a) by striking out “capacity” wherever it occurs and substituting “capability”;

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

(ii) a robust, competitive electricity market or capacity market;

(4) Section 10(1)(a)(ii) and (iv), 11(3)(d) and 15(1)(g) are amended by striking out “capacity” wherever it occurs and substituting “capability”.

(5) Section 15.1(4) is amended

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

(a) providing new transmission facilities that have higher ratings in combination with the salvage of transmission facilities that have lower ratings, or

(b) in clause (b)



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(i) by striking out “transmission capacity” and substituting “transmission capability”;

(ii) by striking out “subsequent capacity” and substituting “subsequent transmission capability”.


(a) in clause (b) by striking out “competitive wholesale market” and substituting “competitive electricity and capacity markets”;

(b) in clause (c) by striking out “market for electric energy” and substituting “electricity market or capacity market”.

(7) Section 21(3)(b) is amended by striking out “market for electric energy” and substituting “electricity market or capacity market”.

(8) Section 30 is amended by adding “rated” after “unit that has a”.


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

(i) efficient and competitive electricity and capacity markets,

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

(ii) to robust, competitive electricity and capacity markets;

(10) Section 41(1)(b)(i)(A) is amended by striking out “capacity” and substituting “capability”.

(11) Section 42 is amended by striking out “generation market” and substituting “electricity and capacity markets”.

(12) Section 49(3) is repealed and the following is substituted:

(3) The ISO may amend, repeal or replace a rule, standard, practice, policy, procedure, criteria or process relating to this Regulation, whether or not the date or time period, or the extended date or time period, for enacting or establishing the rule, standard, practice, policy, procedure, criteria or process has passed or expired.



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5 This Regulation comes into force on the coming into force of section 2(4)(a) of An Act to Secure Alberta’s Electricity Future.

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Post-secondary Learning Act

PUBLIC POST-SECONDARY INSTITUTIONS’ TUITION FEES (2018) AMENDMENT REGULATION


For information only: Made by the Lieutenant Governor in Council (O.C. 213/2018) on June 14, 2018 pursuant to section 124 of the Post-secondary Learning Act.

1 The Public Post-secondary Institutions’ Tuition Fees Regulation (AR 273/2006) is amended by this Regulation.

2 Section 8.1(1) is repealed and the following is substituted:

Transitional — prohibition against raises for

2017-2018 and 2018-2019 academic years

8.1 The tuition fees for any program administered by an institution for the 2017-2018 or 2018-2019 academic year may not be higher than those that were in effect for that program

(a) in the 2014-2015 academic year,

(b) in the academic year in which the program was established, if the program was established in the 2015-2016, 2016-2017 or 2017-2018 academic year, or

(c) in the academic year in which the program, if previously suspended, was re-established, if it was re-established in an academic year referred to in clause (b).

3 Section 10 is amended by striking out “August 31, 2018” and substituting “August 31, 2019”.


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Post-secondary Learning Act

SESSIONAL FACULTY REGULATION


For information only: Made by the Lieutenant Governor in Council (O.C. 215/2018) on June 18, 2018 pursuant to section 124 of the Post-secondary Learning Act.

Definition

1 For the purposes of section 1(c) of the Act,

(a) “employee” may, in accordance with the bylaws of an academic staff association under section 86(2) of the Act, include a sessional instructor or a category of sessional instructors for an additional period of up to 12 months following the expiry or termination of employment as a sessional instructor;

(b) “sessional instructor” means an instructor who, as a member of a category of employees or individually, is designated as an academic staff member in accordance with the Act and is employed for a fixed term of employment.

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


Traffic Safety Act

COMMERCIAL VEHICLE DIMENSION AND WEIGHT AMENDMENT REGULATION


For information only: Made by the Minister of Ttransportation (M.O. 18/18) on June 15, 2018 pursuant to sections 116, 151 and 156 of the Traffci Safety Act.

1 The Commercial Vehicle Dimension and Weight Regulation (AR 315/2002) is amended by this Regulation.


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

(d) “advance warning triangle” means an emergency warning device that complies with the Society of



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Automotive Engineers Standard J774, as amended from time to time,

(b) by repealing clause (l);

(c) by adding the following before clause (m):

(l.1) “daytime” means the period commencing one hour before sunrise and ending one hour after the following sunset;

(d) in clause (m) by striking out “the Transport Engineering Branch” and substituting “Transport Engineering”;

(e) by repealing clause (q) and substituting the following:

(q) “farm equipment” means equipment designed and intended for use in farming operations, but does not include

(i) a truck, trailer or semi-trailer,

(ii) farm equipment that is loaded on a truck, trailer or semi-trailer, or

(iii) farm equipment that is towing equipment other than another piece of farm equipment;

(f) by adding the following after clause (cc):

(cc.1) “night time” means the period commencing one hour after sunset and ending one hour before the following sunrise;

(g) by adding the following after clause (gg):

(gg.1) “pole trailer” means a trailer that does not have more than one axle group and that

(i) is drawn by a towing vehicle to which it is attached by a variable reach pole, and

(ii) is used to transport a load that is capable of sustaining itself as a beam between a support located on the towing vehicle and a 2nd support located on the trailer;

(h) in clause (ss) by adding “at any point above the lowest point of the rim” after “other side of the vehicle”;



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(i) in clause (uu) by striking out “unit”.


(a) in clause (a)

(i) in subclause (i) by striking out “daylight” and substituting “daytime”;

(ii) in subclause (ii) by striking out “darkness” and substituting “night time”;

(b) in clause (b)

(i) in subclause (i) by striking out “daylight” and substituting “daytime”;

(ii) in subclause (ii) by striking out “darkness” and substituting “night time”;

(c) in clause (c)

(i) in subclause (i) by striking out ”daylight” and substituting “daytime”;

(ii) in subclause (ii) by striking out “darkness” and substituting “night time”.


(a) in clauses (a)(ii) and (b)(ii) by striking out “darkness” and substituting “night time”;

(b) in clause (d) by striking out “daylight” and substituting “daytime”.

6 Section 9(1)(h) is amended by adding “carrying” after “gross weight for 2”.

7 Section 16(8)(a) is repealed and the following is substituted:

(a) advance warning triangle;



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8 Section 19(1)(c) is amended by striking out “Extended Length Permit” and substituting” Long Combination Vehicle Permit”.


10 Section 23 is amended by striking out “July 1, 2018” and substituting “July 1, 2022”.

11 Schedule 1 is amended by striking out the image at the end of section 2 and substituting the following:

12 Schedule 2 is amended by striking out the image preceding section 1 and substituting the following:

13 Schedule 3 is amended by striking out the image before section 1 and substituting the following:



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16 Schedule 6 is amended in clause (r) by striking out “include the empty trailer inbound and outbound” and substituting “apply to the empty trailer whether inbound or outbound”.

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