Funds and Agencies Exemption Regulation
This regulation defines “Act” and exempts listed fund administrators, provincial agencies, and certain AIMCo-related entities from specified parts of the Financial Administration Act.
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Funds and Agencies Exemption Regulation
This regulation defines “Act” and exempts listed fund administrators, provincial agencies, and certain AIMCo-related entities from specified parts of the Financial Administration Act.
(Consolidated up to 142/2026) ALBERTA REGULATION 128/2002 Financial Administration Act FUNDS AND AGENCIES EXEMPTION REGULATION Table of Contents 1 Definition 2 Exemptions 2.2 Alberta Investment Management Corporation 3 Repeal 4 Expiry Schedules Definition 1 In this Regulation, “Act” means the Financial Administration Act . Exemptions 2 (1) The fund administrators listed in Schedule A are exempt from the provisions of the Act specified opposite their names in respect of the regulated funds listed in Schedule A. (2) The Provincial agencies listed in Schedule B are exempt from sections 37 and 38 of the Act. (3) The Provincial agencies listed in Schedule C are exempt from the provisions of the Act specified opposite their names. (4) , (5) Repealed AR 87/2013 s2. AR 128/2002 s2;22/2004;87/2013;159/2013 2.1 Repealed AR 87/2013 s3. Alberta Investment Management Corporation 2.2 (1) In this section, (a) “AIMCo” means the Alberta Investment Management Corporation; (b) “designated entity” means a person or entity designated under section 6 of the Alberta Investment Management Corporation Act. (2) AIMCo is exempt from the operation of sections 21, 22, 37, 38, 78, 79 and 83 of the Act. (2.1) Any Provincial corporation incorporated as a subsidiary of AIMCo pursuant to an approval under section 80 of the Act is exempt from the operation of sections 21, 22, 37, 38, 78, 79 and 83 of the Act. (3) On and after April 1, 2011, AIMCo is exempt from the operation of section 80 of the Act with respect to (a) a corporation described in subsection (4), or (b) a corporation that is intended to be incorporated by AIMCo as a corporation described in subsection (4). (4) A corporation that (a) is directly or indirectly invested in by one or more designated entities in connection with investment management services provided pursuant to section 6 of the Alberta Investment Management Corporation Act, and (b) does not directly and substantially provide investment management services to one or more designated entities is exempt from the whole Act, except for sections 1, 5, 6, 7, 13(3), 72(4) and 81. AR 174/2012 s2;87/2013 Repeal 3 The Exemption Regulation (AR 269/94) is repealed. Expiry 4 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 January 31, 2036. AR 128/2002 s4;96/2012;87/2013;156/2020;126/2025 Schedule A Fund Administrator Regulated Fund Exempt from An improvement district advisory council to whom the Minister has delegated his or her powers, duties or functions under section 589 of the Municipal Government Act Funds held pursuant to section 589 of the Municipal Government Act sections 28(6), 37 and 38 Public Trustee The common fund under section 31 of the Public Trustee Act sections 5(1), 22, 27, 28(6), 37, 38, 78(1), 79(1), 83, 87 and 88 Public Trustee A pooled investment fund under section 38 of the Public Trustee Act sections 5(1), 22, 27, 28(6), 37, 38, 78(1), 79(1), 83, 87 and 88 AR 128/2002 Sched. A;68/2008;31/2012;62/2013;87/2013; 56/2019;149/2019 Schedule B Provincial Agency Agriculture Financial Services Corporation Alberta Foundation for the Arts The Alberta Historical Resources Foundation Alberta Gaming, Liquor and Cannabis Commission Alberta Pensions Services Corporation Alberta Utilities Commission Alberta Securities Commission Alberta Social Housing Corporation Alberta Energy Regulator LAPP Corporation Natural Resources Conservation Board PSPP Corporation SFPP Corporation Teachers’ Pension Plans Board of Trustees (also known as the Alberta Teachers’ Retirement Fund Board) AR 128/2002 Sched. B;108/2004;8/2005;97/2005;228/2007; 254/2007;174/2012;62/2013;87/2013;89/2013;56/2019; 149/2019;156/2020;184/2024 Schedule C Provincial Agency Exempt from Alberta iGaming Corporation sections 33(2), 37 and 38 Alberta Petroleum Marketing Commission, including any subsidiary of Alberta Petroleum Marketing Commission and any corporation that is controlled by Alberta Petroleum Marketing Commission, directly or indirectly through one or more intermediary corporations sections 22, 27, 37, 38, 78(1), 79(1), 83, 87 and 88 ATB Financial, including any subsidiary of ATB Financial and any corporation that is controlled by ATB Financial, directly or indirectly through one or more intermediary corporations (i) sections 16, 21, 22, 37, 38, 78, 79, 83 and 84 (ii) section 81 in respect only of deposits that are accepted in Alberta by a branch or individual agent of ATB Financial in the ordinary course of business of ATB Financial Repealed AR 126/2025 s3 Credit Union Deposit Guarantee Corporation (i) sections 37 and 38 (ii) section 33(1) where the President of Treasury Board and Minister of Finance has fixed a rate of interest to be paid or has specified that no interest shall be paid on advances described in section 33(1) if the interest, if any, on those advances is paid at the rate fixed by the President of Treasury Board and Minister of Finance Heritage Fund Opportunities Corporation (i) sections 21, 22, 33(2), 37, 38, 42(5), 57.1, 78, 79, 81 and 83 (ii) section 80 in respect only of a subsidiary of the Heritage Fund Opportunities Corporation that (A) is directly or indirectly invested in by the Crown in connection with investment management services provided by the Heritage Fund Opportunities Corporation, and (B) does not directly and substantially provide investment management services to the Crown A Provincial corporation incorporated as a subsidiary of the Heritage Fund Opportunities Corporation pursuant to an approval under section 80 of the Act sections 21, 22, 33(2), 37, 38, 42(5), 57.1, 78, 79, 81 and 83 A subsidiary of the Heritage Fund Opportunities Corporation that (a) is directly or indirectly invested in by the Crown in connection with investment management services provided by the Heritage Fund Opportunities Corporation, and (b) does not directly and substantially provide investment management services to the Crown the Act, except sections 1, 5, 6, 7, 13(3) and 72(4) AR 128/2002 Sched. C;97/2005;68/2008;31/2012;96/2012; 62/2013;87/2013;156/2020;240/2020;184/2024;126/2025; 40/2026;142/2026 Schedule D Repealed AR 22/2004 s3.
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