AR 125/99 EXEMPTION REGULATION (Consolidated up to 188/2014)
ALBERTA REGULATION 125/99
Alberta Personal Property Bill of Rights
EXEMPTION REGULATION
Table of Contents
1 Definition
2 Exempt Acts
3 Exempt activities and things under specific provisions of Acts
4 Exempt activities and things
5 Exempt regulations
6 Exempt matters under regulations
6.1 Exempt provisions of regulations
7 Expiry Definition
1 In this Regulation, “the Act” means the Alberta Personal Property Bill of Rights.
Exempt Acts
2 Section 2 of the Act does not apply in respect of the following provincial Acts:
(a) the Alberta Treasury Branches Act where title to personal property is acquired under that Act;
(a.1) the Climate Change and Emissions Management Act;
(b) the Environmental Protection and Enhancement Act;
(c) the Financial Administration Act;
(c.1) the Gaming and Liquor Act;
(c.2) the Horse Racing Alberta Act;
(d) the Meat Inspection Act;
(e) the Public Lands Act;
(f) repealed AR 33/2009 s2;
(f.1) Victims Restitution and Compensation Payment Act;
(g) the Water Act.
AR 125/99 s2;238/99;377/2003;193/2004;242/2008;33/2009
Exempt activities and things under specific provisions of Acts
3 Section 2 of the Act does not apply in respect of the following matters under provisions of provincial Acts or the following provisions of provincial Acts:
(a) the taking of specimens of a pest or nuisance or of any matter or thing that contains or is suspected of containing a pest or nuisance under section 17(2) of the Agricultural Pests Act;
(b) the doing of any act necessary to carry out a stop order under section 20 of the Agricultural Pests Act;
(c) the doing of any action pursuant to a regulation made under section 21 of the Agricultural Pests Act;
(c.1) section 6 of the Alberta Centennial Medal Act;
(d) the taking of any action under section 3, 7 or 8 of the Animal Protection Act;
(e) the removal of bees or beekeeping equipment under section 3(1) of the Bee Act;
(f) the return of bees or used beekeeping equipment under section 7(2) or 10 of the Bee Act;
(g) the destruction of bees or beekeeping equipment under section 8 or 10 of the Bee Act;
(h), (i) repealed AR 193/2004 s3;
(j) orders under the authority of section 1 or 2 of the Dangerous Dogs Act;
(j.1) the taking of samples of milk under section 8, 17, 19 or 20 of the Dairy Industry Act;
(j.2) the seizure or detention of any dairy product or thing or disposal of any dairy product under section 11 of the Dairy Industry Act;
(j.3) the forfeiture of dairy products under section 37 of the Dairy Industry Act;
(k) repealed AR 33/2009 s3;
(l) section 22(1), 23 or 25(2)(b) of the Fatality Inquiries Act;
(l.1) the taking of samples of fish in carrying out an inspection under section 40 of the Fisheries (Alberta) Act;
(m) the seizure, sale or other disposal of any thing under section 28 of the Fisheries (Alberta) Act;
(n) the seizure, quarantine, destruction or other disposal of any fish or any affected equipment under sections 32 and 33 of the Fisheries (Alberta) Act;
(o) the forfeiture or confiscation of anything seized or proceeds of anything seized by order of the court under section 40 of the Fisheries (Alberta) Act;
(p) the commandeering of property under section 13 or 30 of the Forest and Prairie Protection Act;
(p.1) the closure of any land to public entry under section 14 of the Forest and Prairie Protection Act;
(q) the removal of fire hazards under sections 25 and 26 of the Forest and Prairie Protection Act;
(r) control measures carried out under section 28 of the Forest and Prairie Protection Act;
(r.1) the starting of any fires under section 29 of the Forest and Prairie Protection Act;
(s) the removal of any personal property pursuant to an authority under section 32 of the Forest and Prairie Protection Act;
(s.1) sections 21, 24, 31, 31.1, 31.2, 31.4 and 37.2 of the Forest and Prairie Protection Act;
(t) sections 12, 19, 22, 25, 29, 32 and 33 of the Forests Act;
(u) the seizure, forfeiture or other disposal of any timber or primary timber product under section 34, 36, 38 or 39 of the Forests Act;
(v) the impoundment of vehicles under section 49 of the Forests Act;
(v.1) section 20 of the Glenbow‑Alberta Institute Act;
(w) section 3, 4 or 5 of Schedule 5 and section 12 of Schedule 11 of the Government Organization Act;
(w.1) sections 53.2(1)(c) and 53.3(1)(a)(iii) of the Health Professions Act;
(x) property in archaeological resources and palaeontological resources under section 32 of the Historical Resources Act;
(y) the destruction of livestock pursuant to a control order made under section 4(2) of the Livestock Diseases Act;
(z) the taking of tests and specimens necessary to determine whether a communicable disease exists under section 8 of the Livestock Diseases Act;
(aa) the doing of any action pursuant to a regulation made under section 12(k) of the Livestock Diseases Act;
(bb) repealed AR 33/2009 s3;
(cc) the impoundment, slaughter, destruction or any other action respecting a species of animal under section 18 of the Livestock Industry Diversification Act;
(dd) section 25 of the Livestock Industry Diversification Act;
(ee) section 13 of the Livestock and Livestock Products Act;
(ff) section 21 of the Maintenance Enforcement Act where personal property is acquired under that section;
(gg) property that vests in the Crown under section 32 of the Mines and Minerals Act;
(hh) property that is forfeited to the Crown pursuant to section 54(2) of the Mines and Minerals Act;
(ii), (jj) repealed AR 193/2004 s3;
(jj.1) section 21(5), (6) and (9) of the Pharmacy and Drug Act;
(jj.2) any property that becomes the property of the Crown as a result of the operation of section 9 or 9.1 of the Provincial Parks Act;
(kk) any structure or work removed from a park or recreation area under section 17(1) of the Provincial Parks Act;
(ll) any item removed, stored or disposed of under section 17(2) of the Provincial Parks Act;
(mm) any item seized and confiscated under section 18 of the Provincial Parks Act;
(mm.1) sections 29, 59(2)(d), 60(c) and 66(1)(m) of the Public Health Act;
(nn) repealed AR 193/2004 s3;
(oo) section 12, 13, 14, 16, 17, 18, 19, 23 or 26 of the Stray Animals Act;
(oo.1) any provision that authorizes the seizure, removal or immobilization of a vehicle under the Traffic Safety Act;
(pp) repealed AR 112/2006 s4;
(qq) section 12, 18 or 20 of the Weed Control Act;
(rr) sections 7 and 48 of the Wildlife Act;
(ss) any action of the Crown under sections 74 to 78 of the Wildlife Act;
(tt) the seizure and disposal of diseased animals under section 79 or the capture and destruction of any privately owned animal under section 80 of the Wildlife Act.
AR 125/99 s3;213/99;251/2001;SA 2002 c11 s2(21);193/2004; 112/2006;253/2006;33/2009
Exempt activities and things
4 Section 2 of the Act does not apply in respect of the following:
(a) where title to personal property is acquired under, pursuant to or as a result of
(i) any proceedings taken respecting a certificate registered or filed in the court under the Alberta Corporate Tax Act, the Alberta Income Tax Act, the Alberta Personal Income Tax Act, the Fuel Tax Act, the Tourism Levy Act or the Tobacco Tax Act;
(i.1) any proceedings taken respecting a certificate issued under section 93 of the Hospitals Act;
(ii) any proceedings taken to enforce purchase‑money security agreements under the Law of Property Act;
(iii) repealed AR 33/2009 s4;
(b) an order of the Minister to take possession and control of the assets of a registered corporation under the Loan and Trust Corporations Act;
(b.1) any act of an administrator, a provisional liquidator or the Minister under the Loan and Trust Corporations Act;
(c) an order of the Minister or the Credit Union Deposit Guarantee Corporation placing a credit union under supervision or an order of that Corporation placing a credit union under administration under the Credit Union Act;
(c.1) any act of an administrator, a provisional liquidator, a liquidator, the Credit Union Deposit Guarantee Corporation or the Minister under the Credit Union Act;
(d) any act of an administrator, a provisional liquidator, liquidator, the Superintendent of Insurance or the Minister under the Insurance Act;
(e) money payable to the President of Treasury Board and Minister of Finance pursuant to a written notice issued under the Alberta Corporate Tax Act, the Alberta Income Tax Act, the Alberta Personal Income Tax Act, the Fuel Tax Act, the Tourism Levy Act, the Hospitals Act or the Tobacco Tax Act;
(f) the seizure of money to enforce the collection of any grant paid by the Government under the Government Organization Act in the event of a default by the grantee;
(g) seizure by a liquidator under the Securities Act;
(h) realization of security in the event of a borrower’s default on a loan that the Credit Union Deposit Guarantee Corporation acquired from a credit union;
(i) section 33(2)(c) of the Livestock Industry Diversification Act, section 9 of the Domestic Cervid Industry Regulation and, generally, the acquisition by the Crown of ownership of a stray within the meaning of and as a result of that legislation.
AR 125/99 s4;27/2002;193/2004;105/2005;68/2008; 33/2009;31/2012;62/2013;188/2014
Exempt regulations
5 Section 2 of the Act does not apply in respect of
(a) the Gaming and Liquor Regulation (AR 143/96);
(a.1) the Meat Inspection Regulation (AR 42/2003);
(b) the Timber Management Regulation (AR 60/73);
(c) the Vehicle Seizure and Removal Regulation.
AR 125/99 s5;377/2003;193/2004;253/2006;33/2009
Exempt matters under regulations
6 Section 2 of the Act does not apply in respect of the following matters:
(a) orders issued under the authority of sections 8 and 11 of the Communicable Diseases Regulation (AR 238/85);
(b) the capture, destruction or other disposal of an animal under section 18 of the General Regulation (AR 102/85).
AR 125/99 s6;193/2004
Exempt provisions of regulations
6.1 Section 2 of the Act does not apply in respect of the provisions of the following regulations:
(a) sections 9, 13, 14 and 24 of the Conservation and Reclamation Regulation (AR 115/93);
(b) sections 11(2), 12, 23, 47 and 48 of the Correctional Institution Regulation (AR 205/2001);
(c) section 4 of the Environmental Protection and Enhancement (Miscellaneous) Regulation (AR 118/93);
(d) sections 13, 14, 16, 19, 20, 27 to 29, 45, 46, 54, 60, 61 and 63 and Schedule 2 to the Exploration Regulation (AR 284/2006);
(e) section 12(3) of the Horse Capture Regulation (AR 59/94);
(f) sections 10 to 13 and 29 of the Metallic and Industrial Minerals Exploration Regulation (AR 213/98);
(g) section 4 of the Nuisance and General Sanitation Regulation (AR 243/2003);
(h) section 31 of the Pesticide Sales, Handling, Use and Application Regulation (AR 24/97);
(i) repealed AR 33/2009 s6;
(j) sections 33 and 36(4) of the Waste Control Regulation (AR 192/96);
(k) section 70 of the Water (Ministerial) Regulation (AR 205/98);
(l) sections 17 to 19, 22, 44, 45, 51, 52, 55, 57, 58, 63, 65, 72 to 74, 84 to 87, 89, 98, 103, 106 to 111, 114, 117, 118, 122, 125, 126, 128, 132 and 174 of the Public Lands Administration Regulation.
AR 193/2004 s6;33/2009;187/2011
Expiry
7 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 February 28, 2017.
AR 125/99 s7;354/2003;33/2009
