Alberta Gazette — 30 November 2006 (Part II)
30 November 2006
Alberta — Gazette
Alberta Regulation 270/2006
Apprenticeship and Industry Training Act
APPRENTICESHIP REGULATIONS AMENDMENT REGULATION
Filed: November 3, 2006
For information only: Made by the Alberta Apprenticeship and Industry Training
Board on October 17, 2006 pursuant to
section 33(2) of the Apprenticeship and
Industry Training Act and approved by the Minister of Advanced Education on
October 26, 2006 pursuant to
section 33(2) of the Apprenticeship and Industry
Training Act.
1(1) The Apprenticeship Program Regulation (AR 258/2000)
is amended by this section.
(2) In the following sections, "journeyman" is struck out
wherever it occurs and "journeyperson" is substituted:
section 1(c), (
g) and (j);
section 6;
section 7;
section 15;
section 16.
(3) In the following section, "journeymen" is struck out
wherever it occurs and "journeypersons" is substituted:
section 15.
2(1) The Agricultural Equipment Technician Trade
Regulation (AR 259/2000) is amended by this section.
(2) In the following sections, "journeyman" is struck out
wherever it occurs and "journeyperson" is substituted:
section 1(
c) and (f);
section 5.
(3) In the following section, "journeymen" is struck out
wherever it occurs and "journeypersons" is substituted:
section 6.
3(1) The Appliance Service Technician Trade Regulation
(AR 260/2000) is amended by this section.
(2) In the following sections, "journeyman" is struck out
wherever it occurs and "journeyperson" is substituted:
section 1(c);
section 5.
(3) In the following section, "journeymen" is struck out
wherever it occurs and "journeypersons" is substituted:
section 6.
4(1) The Auto Body Technician Trade Regulation
(AR 117/2002) is amended by this section.
(2) In the following sections, "journeyman" is struck out
wherever it occurs and "journeyperson" is substituted:
section 1(b);
section 4;
section 8;
section 13;
section 18.
(3) In the following sections, "journeymen" is struck out
wherever it occurs and "journeypersons" is substituted:
section 9;
section 14;
section 19.
5(1) The Automotive Service Technician Trade Regulation
(AR 262/2000) is amended by this section.
(2) In the following sections, "journeyman" is struck out
wherever it occurs and "journeyperson" is substituted:
section 1(c);
section 5.
(3) In the following section, "journeymen" is struck out
wherever it occurs and "journeypersons" is substituted:
section 6.
6(1) The Baker Trade Regulation (AR 263/2000) is amended
by this section.
(2) In the following sections, "journeyman" is struck out
wherever it occurs and "journeyperson" is substituted:
section 1(
c) and (f);
section 5.
(3) In the following section, "journeymen" is struck out
wherever it occurs and "journeypersons" is substituted:
section 6.
7(1) The Boilermaker Trade Regulation (AR 264/2000) is
amended by this section.
(2) In the following sections, "journeyman" is struck out
wherever it occurs and "journeyperson" is substituted:
section 1(c);
section 5.
(3) In the following sections, "journeymen" is struck out and
"journeypersons" is substituted:
section 5;
section 6.
8(1) The Bricklayer Trade Regulation (AR 265/2000) is
amended by this section.
(2) In the following sections, "journeyman" is struck out
wherever it occurs and "journeyperson" is substituted:
section 1(
c) and (f);
section 5.
(3) In the following section, "journeymen" is struck out
wherever it occurs and "journeypersons" is substituted:
section 6.
9(1) The Cabinetmaker Trade Regulation (AR 266/2000) is
amended by this section.
(2) In the following sections, "journeyman" is struck out
wherever it occurs and "journeyperson" is substituted:
section 1(
b) and (f);
section 5.
(3) In the following section, "journeymen" is struck out
wherever it occurs and "journeypersons" is substituted:
section 6.
10(1) The Carpenter Trade Regulation (AR 267/2000) is
amended by this section.
(2) In the following sections, "journeyman" is struck out
wherever it occurs and "journeyperson" is substituted:
section 1(
b) and (f);
section 5.
(3) In the following section, "journeymen" is struck out
wherever it occurs and "journeypersons" is substituted:
section 6.
11(1) The Communication Technician Trade Regulation
(AR 312/2002) is amended by this section.
(2) In the following sections, "journeyman" is struck out
wherever it occurs and "journeyperson" is substituted:
section 1(
b) and (f);
section 5.
(3) In the following section, "journeymen" is struck out
wherever it occurs and "journeypersons" is substituted:
section 6.
12(1) The Concrete Finisher Trade Regulation
(AR 269/2000) is amended by this section.
(2) In the following sections, "journeyman" is struck out
wherever it occurs and "journeyperson" is substituted:
section 1(
b) and (f);
section 5.
(3) In the following section, "journeymen" is struck out
wherever it occurs and "journeypersons" is substituted:
section 6.
13(1) The Cook Trade Regulation (AR 271/2000) is amended
by this section.
(2) In the following sections, "journeyman" is struck out
wherever it occurs and "journeyperson" is substituted:
section 1(
b) and (e);
section 5.
(3) In the following section, "journeymen" is struck out
wherever it occurs and "journeypersons" is substituted:
section 6.
14(1) The Crane and Hoisting Equipment Operator Trade
Regulation (AR 272/2000) is amended by this section.
(2) In the following sections, "journeyman" is struck out and
"journeyperson" is substituted:
section 1(c);
section 4;
section 9;
section 16;
section 22;
section 24.
(3) In the following sections, "journeymen" is struck out
wherever it occurs and "journeypersons" is substituted:
section 10;
section 17;
section 25.
15(1) The Electrical Motor Systems Technician Trade
Regulation (AR 273/2000) is amended by this section.
(2) In the following sections, "journeyman" is struck out
wherever it occurs and "journeyperson" is substituted:
section 1(
b) and (f);
section 5.
(3) In the following section, "journeymen" is struck out and
"journeypersons" is substituted:
section 6.
16(1) The Electrician Trade Regulation (AR 274/2000) is
amended by this section.
(2) In the following sections, "journeyman" is struck out
wherever it occurs and "journeyperson" is substituted:
section 1(b);
section 5.
(3) In the following section, "journeymen" is struck out and
"journeypersons" is substituted:
section 6.
17(1) The Electronic Technician Trade Regulation
(AR 275/2000) is amended by this section.
(2) In the following sections, "journeyman" is struck out
wherever it occurs and "journeyperson" is substituted:
section 1(b);
section 5.
(3) In the following section, "journeymen" is struck out
wherever it occurs and "journeypersons" is substituted:
section 6.
18(1) The Elevator Constructor Trade Regulation
(AR 276/2000) is amended by this section.
(2) In the following sections, "journeyman" is struck out
wherever it occurs and "journeyperson" is substituted:
section 1(b);
section 5.
19(1) The Floorcovering Installer Trade Regulation
(AR 277/2000) is amended by this section.
(2) In the following sections, "journeyman" is struck out
wherever it occurs and "journeyperson" is substituted:
section 1(
b) and (f);
section 5.
20(1) The Gasfitter Trade Regulation (AR 279/2000) is
amended by this section.
(2) In the following sections, "journeyman" is struck out
wherever it occurs and "journeyperson" is substituted:
section 1(b);
section 4;
section 9;
section 16.
(3) In the following sections, "journeymen" is struck out and
"journeypersons" is substituted:
section 10;
section 17.
21(1) The Glazier Trade Regulation (AR 280/2000) is
amended by this section.
(2) In the following sections, "journeyman" is struck out
wherever it occurs and "journeyperson" is substituted:
section 1(
b) and (e);
section 4;
section 9;
section 15.
(3) In the following sections, "journeymen" is struck out
wherever it occurs and "journeypersons" is substituted:
section 10;
section 16.
22(1) The Hairstylist Trade Regulation (AR 281/2000) is
amended by this section.
(2) In the following sections, "journeyman" is struck out
wherever it occurs and "journeyperson" is substituted:
section 1(b);
section 5;
section 7.
23(1) The Heavy Equipment Technician Trade Regulation
(AR 282/2000) is amended by this section.
(2) In the following sections, "journeyman" is struck out
wherever it occurs and "journeyperson" is substituted:
section 1(b);
section 4;
section 9;
section 15;
section 21;
section 27.
(3) In the following sections, "journeymen" is struck out and
"journeypersons" is substituted:
section 10;
section 16;
section 22;
section 28.
24(1) The Instrument Technician Trade Regulation
(AR 283/2000) is amended by this section.
(2) In the following sections, "journeyman" is struck out
wherever it occurs and "journeyperson" is substituted:
section 1(
b) and (f);
section 5.
(3) In the following section, "journeymen" is struck out
wherever it occurs and "journeypersons" is substituted:
section 6.
25(1) The Insulator Trade Regulation (AR 284/2000) is
amended by this section.
(2) In the following sections, "journeyman" is struck out
wherever it occurs and "journeyperson" is substituted:
section 1(
b) and (f);
section 5.
(3) In the following section, "journeymen" is struck out
wherever it occurs and "journeypersons" is substituted:
section 6.
26(1) The Ironworker Trade Regulation (AR 156/2006) is
amended by this section.
(2) In the following sections, "journeyman" is struck out
wherever it occurs and "journeyperson" is substituted:
section 1(b);
section 4;
section 9;
section 15;
section 20;
section 25.
(3) In the following sections, "journeymen" is struck out and
"journeypersons" is substituted:
section 10;
section 16;
section 21;
section 26.
27(1) The Landscape Gardener Trade Regulation
(AR 286/2000) is amended by this section.
(2) In the following sections, "journeyman" is struck out
wherever it occurs and "journeyperson" is substituted:
section 1(
b) and (e);
section 5.
(3) In the following section, "journeymen" is struck out
wherever it occurs and "journeypersons" is substituted:
section 6.
28(1) The Lather-Interior Systems Mechanic Trade
Regulation (AR 287/2000) is amended by this section.
(2) In the following sections, "journeyman" is struck out
wherever it occurs and "journeyperson" is substituted:
section 1(
b) and (f);
section 5.
(3) In the following section, "journeymen" is struck out
wherever it occurs and "journeypersons" is substituted:
section 6.
29(1) The Locksmith Trade Regulation (AR 288/2000) is
amended by this section.
(2) In the following sections, "journeyman" is struck out
wherever it occurs and "journeyperson" is substituted:
section 1(
b) and (f);
section 5.
(3) In the following section, "journeymen" is struck out
wherever it occurs and "journeypersons" is substituted:
section 6.
30(1) The Machinist Trade Regulation (AR 289/2000) is
amended by this section.
(2) In the following sections, "journeyman" is struck out
wherever it occurs and "journeyperson" is substituted:
section 1(
b) and (f);
section 5.
(3) In
section 6(2),
(a) "journeymen" is struck out and "journeypersons" is
substituted;
(b) "journeyman" is struck out and "journeypersons" is
substituted.
31(1) The Millwright Trade Regulation (AR 290/2000) is
amended by this section.
(2) In the following sections, "journeyman" is struck out
wherever it occurs and "journeyperson" is substituted:
section 1(
b) and (f);
section 5.
(3) In the following section, "journeymen" is struck out
wherever it occurs and "journeypersons" is substituted:
section 6.
32(1) The Motorcycle Mechanic Trade Regulation
(AR 291/2000) is amended by this section.
(2) In the following sections, "journeyman" is struck out
wherever it occurs and "journeyperson" is substituted:
section 1(b);
section 5.
(3) In the following section, "journeymen" is struck out and
"journeypersons" is substituted:
section 6.
33(1) The Outdoor Power Equipment Technician Trade
Regulation (AR 47/2001) is amended by this section.
(2) In the following sections, "journeyman" is struck out
wherever it occurs and "journeyperson" is substituted:
section 1(
b) and (i);
section 4.
34(1) The Painter and Decorator Trade Regulation
(AR 292/2000) is amended by this section.
(2) In the following sections, "journeyman" is struck out
wherever it occurs and "journeyperson" is substituted:
section 1(
b) and (f);
section 5.
(3) In the following section, "journeymen" is struck out
wherever it occurs and "journeypersons" is substituted:
section 6.
35(1) The Parts Technician Trade Regulation (AR 293/2000)
is amended by this section.
(2) In the following sections, "journeyman" is struck out
wherever it occurs and "journeyperson" is substituted:
section 1(
b) and (f);
section 5.
(3) In the following section, "journeymen" is struck out
wherever it occurs and "journeypersons" is substituted:
section 6.
36(1) The Plumber Trade Regulation (AR 295/2000) is
amended by this section.
(2) In the following sections, "journeyman" is struck out
wherever it occurs and "journeyperson" is substituted:
section 1(b);
section 5.
(3) In the following section, "journeymen" is struck out and
"journeypersons" is substituted:
section 6.
37(1) The Power Lineman Trade Regulation (AR 296/2000)
is amended by this section.
(2) In the following sections, "journeyman" is struck out
wherever it occurs and "journeyperson" is substituted:
section 1(
b) and (f);
section 5.
(3) In the following section, "journeymen" is struck out
wherever it occurs and "journeypersons" is substituted:
section 6.
38(1) The Power System Electrician Trade Regulation
(AR 297/2000) is amended by this section.
(2) In the following sections, "journeyman" is struck out
wherever it occurs and "journeyperson" is substituted:
section 1(
b) and (f);
section 5.
(3) In the following section, "journeymen" is struck out
wherever it occurs and "journeypersons" is substituted:
section 6.
39(1) The Recreation Vehicle Service Technician Trade
Regulation (AR 299/2000) is amended by this section.
(2) In the following sections, "journeyman" is struck out
wherever it occurs and "journeyperson" is substituted:
section 1(b);
section 5.
(3) In the following section, "journeymen" is struck out and
"journeypersons" is substituted:
section 6.
40(1) The Refrigeration and Air Conditioning Mechanic
Trade Regulation (AR 300/2000) is amended by this section.
(2) In the following sections, "journeyman" is struck out
wherever it occurs and "journeyperson" is substituted:
section 1(b);
section 5.
(3) In the following section, "journeymen" is struck out
wherever it occurs and "journeypersons" is substituted:
section 6.
41(1) The Roofer Trade Regulation (AR 301/2000) is
amended by this section.
(2) In the following sections, "journeyman" is struck out
wherever it occurs and "journeyperson" is substituted:
section 1(
b) and (f);
section 5.
(3) In the following section, "journeymen" is struck out
wherever it occurs and "journeypersons" is substituted:
section 6.
42(1) The Sawfiler Trade Regulation (AR 302/2000) is
amended by this section.
(2) In the following sections, "journeyman" is struck out
wherever it occurs and "journeyperson" is substituted:
section 1(
b) and (f);
section 5;
section 8;
section 9.
(3) In the following sections, "journeymen" is struck out
wherever it occurs and "journeypersons" is substituted:
section 10;
section 11.
43(1) The Sheet Metal Worker Trade Regulation
(AR 303/2000) is amended by this section.
(2) In the following sections, "journeyman" is struck out
wherever it occurs and "journeyperson" is substituted:
section 1(c);
section 5.
(3) In the following section, "journeymen" is struck out and
"journeypersons" is substituted:
section 6.
44(1) The Sprinkler Systems Installer Trade Regulation
(AR 304/2000) is amended by this section.
(2) In the following sections, "journeyman" is struck out
wherever it occurs and "journeyperson" is substituted:
section 1(
b) and (f);
section 5.
(3) In the following section, "journeymen" is struck out
wherever it occurs and "journeypersons" is substituted:
section 6.
45(1) The Steamfitter-Pipefitter Trade Regulation
(AR 305/2000) is amended by this section.
(2) In the following sections, "journeyman" is struck out
wherever it occurs and "journeyperson" is substituted:
section 1(b);
section 5.
(3) In the following section, "journeymen" is struck out and
"journeypersons" is substituted:
section 6.
46(1) The Structural Steel and Plate Fitter Trade Regulation
(AR 306/2000) is amended by this section.
(2) In the following sections, "journeyman" is struck out
wherever it occurs and "journeyperson" is substituted:
section 1(
b) and (f);
section 5.
(3) In the following section, "journeymen" is struck out
wherever it occurs and "journeypersons" is substituted:
section 6.
47(1) The Transport Refrigeration Technician Trade
Regulation (AR 307/2000) is amended by this section.
(2) In the following sections, "journeyman" is struck out
wherever it occurs and "journeyperson" is substituted:
section 1(
b) and (f);
section 5.
(3) In the following section, "journeymen" is struck out
wherever it occurs and "journeypersons" is substituted:
section 6.
48(1) The Tilesetter Trade Regulation (AR 308/2000) is
amended by this section.
(2) In the following sections, "journeyman" is struck out
wherever it occurs and "journeyperson" is substituted:
section 1(
b) and (f);
section 5.
(3) In the following section, "journeymen" is struck out
wherever it occurs and "journeypersons" is substituted:
section 6.
49(1) The Tool and Die Maker Trade Regulation
(AR 43/2003) is amended by this section.
(2) In the following sections, "journeyman" is struck out
wherever it occurs and "journeyperson" is substituted:
section 1(
b) and (e);
section 5.
(3) In the following section, "journeymen" is struck out
wherever it occurs and "journeypersons" is substituted:
section 6.
50(1) The Water Well Driller Trade Regulation (AR 310/2000)
is amended by this section.
(2) In the following sections, "journeyman" is struck out
wherever it occurs and "journeyperson" is substituted:
section 1(
b) and (e);
section 5.
(3) In the following section, "journeymen" is struck out
wherever it occurs and "journeypersons" is substituted:
section 6.
51(1) The Welder Trade Regulation (AR 311/2000) is
amended by this section.
(2) In the following sections, "journeyman" is struck out
wherever it occurs and "journeyperson" is substituted:
section 1(b);
section 5.
(3) In the following section, "journeymen" is struck out and
"journeypersons" is substituted:
section 6.
Alberta Regulation 271/2006
Apprenticeship and Industry Training Act
AUTO BODY TECHNICIAN TRADE AMENDMENT REGULATION
Filed: November 3, 2006
For information only: Made by the Alberta Apprenticeship and Industry Training
Board on October 17, 2006 pursuant to
section 33(2) of the Apprenticeship and
Industry Training Act and approved by the Minister of Advanced Education on
October 26, 2006 pursuant to
section 33(2) of the Apprenticeship and Industry
Training Act.
1 The Auto Body Technician Trade Regulation
(AR 117/2002) is amended by this Regulation.
Section 8 is amended
(
a) in subsection (2)
(
i) by striking out "one apprentice" and substituting
"2 apprentices";
(ii) by striking out "one additional apprentice" and
substituting "2 additional apprentices";
(
b) by adding the following after subsection (3):
(4) Subsection (2) does not apply to an apprentice who is
engaged in an apprenticeship program in the auto body repairer
branch of the trade who
(
a) has completed all the requirements required or approved
by the Board for advancement into the 3rd period of that
apprenticeship program, and
(
b) is employed to carry out any of the undertakings that
constitute the auto body prepper branch of the trade.
Section 13 is amended
(
a) in subsection (2)
(
i) by striking out "one apprentice" and substituting
"2 apprentices";
(ii) by striking out "one additional apprentice" and
substituting "2 additional apprentices";
(
b) by adding the following after subsection (3):
(4) Subsection (2) does not apply to an apprentice who is
engaged in an apprenticeship program in the auto body repairer
branch of the trade who
(
a) has completed all the requirements required or approved
by the Board for advancement into the 3rd period of that
apprenticeship program, and
(
b) is employed to carry out any of the undertakings that
constitute the auto body refinisher branch of the trade.
Section 18(2) is amended
(
a) by striking out "an apprentice in that branch of the trade"
and substituting "2 apprentices in that branch of the
trade";
(
b) by striking out "one additional apprentice" and
substituting "2 additional apprentices".
--------------------------------
Alberta Regulation 272/2006
Apprenticeship and Industry Training Act
AUTOMOTIVE SERVICE TECHNICIAN TRADE
AMENDMENT REGULATION
Filed: November 3, 2006
For information only: Made by the Alberta Apprenticeship and Industry Training
Board on October 17, 2006 pursuant to
section 33(2) of the Apprenticeship and
Industry Training Act and approved by the Minister of Advanced Education on
October 26, 2006 pursuant to
section 33(2) of the Apprenticeship and Industry
Training Act.
1 The Automotive Service Technician Trade Regulation
(AR 262/2000) is amended by this Regulation.
Section 6(3)(
a) is repealed and the following is
substituted:
(
a) has completed all the requirements required or approved by
the Board for advancement into the 3rd period of the
apprenticeship program,
Alberta Regulation 273/2006
Post-secondary Learning Act
PUBLIC POST-SECONDARY INSTITUTIONS'
TUITION FEES REGULATION
Filed: November 3, 2006
For information only: Made by the Lieutenant Governor in Council (O.C. 560/2006)
on November 3, 2006 pursuant to
section 124 of the Post-secondary Learning Act.
Table of Contents
Definitions
2 Definition of tuition fees for Act purposes, etc.
3 Consultations
4 Setting tuition fees for 2007-2008 academic year
5 Setting tuition fees for subsequent academic years
6 Manner of calculation
7 Publication of tuition fees and fee policies
8 Transitional
9 Repeal
10 Expiry
Definitions
1 In this Regulation,
(a) "academic year" means the academic year of the institution,
as set or confirmed by notice in writing given by the Minister
to the institution;
(b) "Act" means the Post-secondary Learning Act;
(c) "Alberta CPI" means the All-items Consumer Price Index for
Alberta published by Statistics Canada;
(d) "distance delivery program" means a program of study in
which
(
i) all or most of the courses are delivered away from any
permanent campus of the institution, and
(ii) the individuals taking the courses are not in direct
contact with each other or with the instructor on a
regular basis for all or most of the courses;
(e) "institution" means the public post-secondary institution,
other than Banff Centre, in question;
(f) "off-campus cost recovery instruction program" means a
program of study for which
(
i) instruction is wholly or predominantly delivered away
from any permanent campus of the institution, and
(ii) no funding is provided by the Department of the
Government administered by the Minister;
(g) "students' council" means the council of a student
organization;
(h) "third party contract" means a contract between a third party
and a board for the delivery of a program to the clients of the
third party with the third party funding the cost for the
delivery of the program to its clients.
Definition of tuition fees for Act purposes, etc.
2 For the purposes of the Act and this Regulation, "tuition fees" in
respect of a public post-secondary institution other than Banff Centre
means the following:
(
a) fees identified in the institution's calendar or in a supplement
to its calendar as tuition fees or fees for instruction for
courses that are part of programs approved by the Minister
under the Approval of Programs of Study Regulation
(AR 51/2004) or for the purposes of the Student Financial
Assistance Act, excluding the following:
(
i) courses taken as part of a distance delivery program by
individuals who do not reside in Alberta;
(ii) apprenticeship programs under the Apprenticeship and
Industry Training Act;
(iii) off-campus cost recovery instruction programs;
(iv) courses provided under a third party contract;
(
v) any differential or surcharge in fees that the board of the
institution may set for courses taken by individuals who
are not Canadian citizens or permanent residents of
Canada;
(
b) mandatory fees that are payable to the institution by students
for materials and services that facilitate instruction in the
courses included in clause (a), excluding the following:
(
i) fees for equipment or materials that are retained or
leased by students;
(ii) fees charged in respect of work placements or practicum
experience where the persons or unincorporated bodies
providing the work placement or practicum experience
do not receive funding from the Government in respect
of it.
Consultations
3(1) A board shall
(
a) provide to the institution's students' council each year a
statement of anticipated tuition fee increases for a 4-year
period, and
(
b) establish with the students' council a mechanism for holding
consultations to discuss increases in tuition fees and to allow
for ongoing input by that council to the budget process
relative to the determination of tuition fees.
(2) The consultation mechanism referred to in subsection (1)(
b) must,
at least,
(
a) include an outline of the process for communications and the
holding of consultations, and
(
b) provide for at least 2 meetings per year.
Setting tuition fees for 2007-2008 academic year
4(1) A board of an institution shall set tuition fees for the 2007-2008
academic year in accordance with this section.
(2) In setting the tuition fees for the 2007-2008 academic year, a board
may increase tuition fees, as compared with the tuition fees that were
set for the 2004-2005 academic year, only if the average tuition fee
increase per student does not exceed the product of
(
a) the average tuition fees per student in the 2004-2005
academic year,
multiplied by
(
b) the percentage annual change in the Alberta CPI, determined
in accordance with subsection (3) and rounded to one
decimal place.
(3) For the purposes of subsection (2)(b), the percentage annual
change in the Alberta CPI is the percentage determined by the formula
where
X% is the percentage annual change in the Alberta CPI;
A is the sum of the 12 individual monthly Alberta CPI indexes
for the 12-month period ending on June 30, 2006;
B is the sum of the 12 individual monthly Alberta CPI indexes
for the 12-month period ending on June 30, 2005.
Setting tuition fees for subsequent academic years
5(1) Commencing with the 2008-2009 academic year, a board of an
institution shall set tuition fees in accordance with this section.
(2) In setting the tuition fees for an academic year, a board may
increase tuition fees only if the average tuition fee increase per student
does not exceed the product of
(
a) the average tuition fees per student in the preceding academic
year,
multiplied by
(
b) the percentage annual change in the Alberta CPI, determined
in accordance with subsection (3) and rounded to one
decimal place.
(3) For the purposes of subsection (2)(b), the percentage annual
change in the Alberta CPI is the percentage determined by the formula
where
X% is the percentage annual change in the Alberta CPI;
A is the sum of the 12 individual monthly Alberta CPI indexes
for the 12-month period ending on June 30 of the calendar
year that ended before the commencement of the academic
year for which the tuition fee increase is being calculated;
B is the sum of the 12 individual monthly Alberta CPI indexes
for the 12-month period immediately preceding the 12-month
period referred to in A.
Manner of calculation
6 The Minister may establish the manner in which institutions shall
calculate average tuition fees per student for the purposes of this
Regulation.
Publication of tuition fees and fee policies
7 A board shall publish its tuition fees and fee policies annually, in
the manner and at the time established by the Minister.
Transitional
8 The tuition fees set by a board for an institution for the 2006-2007
academic year that were in effect immediately before the coming into
force of this Regulation continue to be in effect for that institution with
respect to the 2006-2007 academic year.
Repeal
9 The Public Post-secondary Institutions' Tuition Fees Regulation
(AR 55/2004) is repealed.
Expiry
10 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be
repassed in its present or an amended form following a review, this
Regulation expires on August 31, 2016.
--------------------------------
Alberta Regulation 274/2006
Electric Utilities Act
ISOLATED GENERATING UNITS AND CUSTOMER
CHOICE AMENDMENT REGULATION
Filed: November 8, 2006
For information only: Made by the Minister of Energy (M.O. 60/2006) on October
31, 2006 pursuant to sections 41, 88, 99 and 108 of the Electric Utilities Act.
1 The Isolated Generating Units and Customer Choice
Regulation (AR 165/2003) is amended by this Regulation.
Section 1 is amended
(
a) by repealing clause (
c) and substituting the
following:
(c) "industrial area" means
(
i) an area
(
A) in which electric energy is provided to a
customer by an isolated generating unit listed
in Part B of the Schedule, and
(
B) in which an electric distribution system
exists,
(ii) an area that has been designated by the Board as an
industrial area under
section 27.1;
(
b) by repealing clause (d);
(
c) by repealing clause (
e) and substituting the
following:
(e) "isolated community" means
(
i) a community
(
A) in which electric energy is provided to a
customer by an isolated generating unit listed
in Part A of the Schedule, and
(
B) in which an electric distribution system
exists,
(ii) a community that has been designated by the
Board as an isolated community under
section
27.1;
(
d) in clause (
f) by adding "or that has been designated by
the Board as an isolated generating unit under
section 27.1"
after "Schedule";
(
e) by repealing clause (g);
(
f) by repealing clause (
h) and substituting the
following:
(h) "mobile unit" means an isolated generating unit listed in
Part C of the
Schedule or that has been designated by
the Board as a mobile isolated generating unit under
section 27.1.
3 The heading "Division 3 Industrial Sites and Microwave
Sites" is struck out.
4 Sections 7 to 11 are repealed.
Section 13 is amended
(
a) in subsection (3) by striking out "and the Department";
(
b) in subsection (4) by striking out "Subpart E" and
substituting "Part C".
Section 14 is amended by repealing clause (
b) and
substituting the following:
(b) "extra-provincial supplier" means any one or more suppliers
of electric energy that are located outside Alberta and who
supply electric energy to an owner.
Section 17(1) is amended by striking out "10(3), 11(3),".
Section 20(1) is amended
(
a) in clause (
b) by striking out "and the Department";
(
b) in clause (
c) by striking out "Subparts A to E" and
substituting "Parts A to C".
Section 22 is amended
(
a) in subsection 1(
c) by striking out "and the
Department";
(
b) in subsection (2) by striking out "Subparts A to E" and
substituting "Parts A to C".
Section 24 is repealed.
Section 25 is repealed and the following is substituted:
Negotiated settlement
25(1) Subject to subsection (2), the Balancing Pool must pay
ATCO Electric Ltd. amounts determined in accordance with
(
a) the Isolated Generating Reclamation Costs Negotiated
Settlement approved by the Board in Decision 2002-102
dated December 3, 2002, and
(
b) the Isolated Generating Reclamation Costs for
Decommissioned Sites Negotiated Settlement approved
by the Board in Decision 2003-036 dated May 13, 2003.
(2) Subsection (1) does not, in respect of the Decisions referred to
in subsection (1)(
a) and (b), limit or restrict any of the powers of
the Board, including but not limited to the powers of the Board
(
a) under the Alberta Energy and Utilities Board Act, and
(
b) under the Electric Utilities Act.
Section 26 is amended
(
a) in subsection (3) by striking out "and the Department";
(
b) in subsection (4) by striking out "Subpart A or Subpart
B" and substituting "Part A or Part B".
Section 27 is amended
(
a) by adding the following after subsection (1):
(1.1) If the Board receives an application under subsection (1),
the Board may approve the application if, in the opinion of the
Board, the connection of the isolated community or industrial
area to the interconnected electric system is not economic.
(
b) in subsection (3) by striking out "Subpart A, Subpart B
or Subpart E" and substituting "Part A, Part B or
Part C".
14 The following is added after
section 27:
Designations within service areas
27.1(1) The Board may designate an area within the service area
of an owner of an electric distribution system as an isolated
community or an industrial area if, in the opinion of the Board,
(
a) the connection to the interconnected electric system of the
customers within the designated area is not economic, and
(
b) the designation is expected to provide the customers within
the designated area with a more economic source of electric
energy than customers making their own arrangements for
electric energy.
(2) When the Board makes a designation under subsection (1), the
isolated community or industrial area is deemed to be included in
Part A or Part B, as the case may be, of the
Schedule until the
Schedule is amended.
(3) The Board may designate a generating unit as an isolated
generating unit and may designate an isolated generating unit as
(
a) an industrial area isolated generating unit,
(
b) an isolated community isolated generating unit, or
(
c) a mobile isolated generating unit.
(4) When the Board makes a designation under subsection (3), the
generating unit is deemed to be included in Part A, Part B or
Part
C, as the case may be, of the
Schedule until the
Schedule is
amended.
(5) If the Board approves the addition of an isolated generating
unit under subsection (3), the Board must include the costs
associated with the unit in the tariff approved pursuant to
section
124 of the Act.
Update to the
Schedule
27.2(1) The owner of the electric distribution system in whose
service area an isolated generating unit is located must, once each
calendar year, provide to the Department a written report that
specifies all of the isolated generating units in the owner's service
area
(
a) that are included or have been deemed to be included as part
of the Schedule, and
(
b) that have been deemed to be struck from the Schedule.
(2) Before the owner provides the report to the Department, the
owner must obtain written confirmation from the Board that the list
of isolated generating units and related information included in the
Schedule is, as of the date of the report, up-to-date.
15 The
Schedule is repealed and the following is
substituted:
Schedule
Isolated Regulated Generating Units and
Regions Served by those Units
Part A
Isolated
Community
Generating Unit
Fuel Type
Rating (kW)
Chipewyan Lake
CUL445
Diesel
CUL446
Diesel
Fort Chipewyan
CUL187
Diesel
CUL241
Diesel
CUL266
Diesel
CUL365
Diesel
CUL369
Diesel
Garden River
CUL436
Diesel
CUL437
Diesel
CUL438
Diesel
Indian Cabins
CUL 204
Diesel
CUL 362
Diesel
Jasper
CUL 5
Diesel
CUL 43
Natural Gas
CUL 47
Natural Gas
CUL 65
Hydro
CUL 66
Hydro
CUL183
Natural Gas
CUL189
Natural Gas
CUL190
Natural Gas
CUL191
Natural Gas
CUL330
Natural Gas
CUL368
Natural Gas
Narrows Point
CUL280
Diesel
CUL428
Diesel
CUL429
Diesel
CUL430
Diesel
Peace Point
CUL439
Diesel
CUL440
Diesel
Steen River Town
CUL 441
Diesel
CUL 442
Diesel
Part B
Industrial Area
Generating Unit
Fuel Type
Rating (kW)
Chinchaga
CUL255
Natural Gas
CUL432
Diesel
CUL404
Natural Gas
Little Horse
CUL406
Natural Gas
CUL407
Diesel
Stowe Creek
CUL256
Natural Gas
CUL361
Diesel
CUL424
Natural Gas
Part C
Isolated Generating Units
that are Mobile Units
Fuel Type
Rating (kW)
CUL198
Diesel
CUL306
Diesel
CUL307
Diesel
CUL308
Diesel
CUL309
Diesel
CUL316
Diesel
CUL331
Diesel
CUL338
Diesel
CUL360
Diesel
CUL366
Diesel
CUL433
Diesel
--------------------------------
Alberta Regulation 275/2006
Wildlife Act
WILDLIFE (SPECIES LISTING, 2006) AMENDMENT REGULATION
Filed: November 8, 2006
For information only: Made by the Minister of Sustainable Resource Development
(M.O. 43/06) on November 1, 2006 pursuant to
section 103(1) of the Wildlife Act.
1 The Wildlife Regulation (AR 143/97) is amended by this
Regulation.
Schedule 4 is amended
(
a) in
Part 5
(
i) by striking out "Phrynosoma douglassi (Short-horned
Lizard)" and substituting "Pituophis melanoleucus
[Bull (Gopher) Snake]";
(ii) by striking out "Charadrius montanus (Mountain
Plover)";
(
b) in
Part 6 by striking out "Pituophis melanoleucus [Bull
(Gopher) Snake].
Part 1 of
Schedule 6 is amended
(
a) in Sub-part 1 by adding the following at the end:
Athene cunicularia (Burrowing Owl)
Buteo regalis (Ferruginous Hawk)
Charadrius montanus (Mountain Plover)
Phrynosoma douglassi (Short-horned Lizard)
(
b) in Sub-part 2
(
i) by striking out "Buteo regalis (Ferruginous Hawk)";
(ii) by striking out "Athene cunicularia (Burrowing
Owl)".
--------------------------------
Alberta Regulation 276/2006
Widows' Pension Act
WIDOWS' PENSION AMENDMENT REGULATION
Filed: November 9, 2006
For information only: Made by the Lieutenant Governor in Council (O.C. 563/2006)
on November 8, 2006 pursuant to
section 10 of the Widows' Pension Act.
1 The Widows' Pension Regulation (AR 166/83) is
amended by this Regulation.
Section 5(
f) is amended by striking out "Claresholm Care
Centre" and substituting "Claresholm Centre for Mental Health and
Addictions".
Alberta Regulation 277/2006
Health Professions Act
CHIROPRACTORS PROFESSION REGULATION
Filed: November 9, 2006
For information only: Approved by the Lieutenant Governor in Council
(O.C. 568/2006) on November 8, 2006 pursuant to
section 131 of the Health
Professions Act and made by the Council of the College of Chiropractors of Alberta
on October 25, 2006.
Table of Contents
Definitions
Registers
2 Register categories
Registration
3 General register
4 Equivalent jurisdiction
5 Substantial equivalence
6 Courtesy register
7 Good character
8 Liability insurance
9 Citizenship
Titles
10 Titles
Practice Permit
11 Renewal requirements
12 Conditions
Restricted Activities
13 Basic authorized activities
14 Other authorized activities
15 Restriction
16 Students
17 Supervision
Continuing Competence
18 Continuing competence program
19 Continuing professional development
20 Program rules
21 Rule distribution
22 Practice visits
Alternative Complaint Resolution
23 Process conductor
24 Agreement
25 Confidentiality
26 Leaving the process
Reinstatement of Registration
and Practice Permits
27 Reinstatement application
28 Consideration of application
29 Decision
30 Review by Council
31 Publication of decision
Information
32 Requested information
Section 119 information
Transitional Provisions, Repeals and
Coming into Force
34 Transitional
35 Repeal
36 Coming into force
Definitions
1 In this Regulation,
(a) "Act" means the Health Professions Act;
(b) "active practice" means the provision of the services of the
practice of a chiropractor, within the meaning of
section 3 of
Schedule 2 to the Act, to non-family members on an ongoing
and regular basis;
(c) "College" means the Alberta College and Association of
Chiropractors;
(d) "Competence Committee" means the competence committee
of the College;
(e) "Complaints Director" means the complaints director of the
College;
(f) "Council" means the council of the College;
(g) "courtesy register" means the courtesy register category of
the regulated members register;
(h) "general member" means a regulated member registered on
the general register;
(i) "general register" means the general register category of the
regulated members register;
(j) "Registrar" means the registrar of the College;
(k) "Registration Committee" means the registration committee
of the College;
(l) "Standards of Practice" means the standards of practice
governing the practice of chiropractic as adopted by the
Council in accordance with the bylaws and
section 133 of the
Act.
Registers
Register categories
2 The regulated members register established by the Council under
section 33(1)(
a) of the Act has the following categories:
(
a) general register;
(
b) courtesy register.
Registration
General register
3(1) An applicant for registration as a general member may be
registered on the general register if the applicant
(
a) has obtained a degree of Doctor of Chiropractic from a
chiropractic program approved by the Council, and
(
b) has successfully passed
(
i) a written cognitive skills examination approved by the
Council,
(ii) a clinical competency examination approved by the
Council, and
(iii) the examination in jurisprudence and ethics approved by
the Council.
(2) The applicant must have passed the examination referred to in
subsection (1)(b)(ii) within one year immediately preceding the date
the Registrar receives the complete application.
(3) If the applicant is unable to meet the requirement in subsection (2),
the applicant must
(
a) within one year immediately preceding the date the Registrar
receives the complete application, have been registered in
good standing and carried on active practice in a jurisdiction
recognized by the Council as a jurisdiction that regulates the
practice of chiropractic, or
(
b) demonstrate to the Registrar or Registration Committee that
the applicant is currently competent to practise chiropractic.
(4) For the purposes of subsection (3)(b), the Registrar or Registration
Committee may require an applicant to undergo any examinations,
testing, assessment, training or education the Registrar or Registration
Committee considers to be advisable, including a requirement that the
applicant successfully pass a clinical competency examination under
subsection (1)(b)(ii).
Equivalent jurisdiction
4 An applicant for registration as a general member who is registered
in good standing in another jurisdiction recognized by the Council
under
section 28(2)(
b) of the Act as having substantially equivalent
registration requirements as those set out in
section 3 may be registered
on the general register.
Substantial equivalence
5(1) An applicant for registration as a general member who does not
meet the registration requirements under
section 3 may be registered
on the general register if the applicant's qualifications have been
determined by the Registrar or Registration Committee under
section
28(2)(
c) of the Act to be substantially equivalent to the registration
requirements set out in
section 3(1) and (2).
(2) In determining whether or not an applicant's qualifications are
substantially equivalent to the registration requirements set out in
section 3(1)(a), the Registrar or Registration Committee may require
an applicant under subsection (1) to undergo examinations, testing or
assessment activities to assist with the determination.
(3) The Registrar or Registration Committee may direct the applicant
to undergo any education or training activities the Registrar or
Registration Committee considers necessary in order for the applicant
to be registered, including a requirement that the applicant successfully
pass a clinical competency examination approved by the Council.
Courtesy register
6(1) A person who requires registration in Alberta as a registered
member on a temporary basis for a purpose and term approved by the
Registrar is eligible to be registered on the courtesy register if the
person
(
a) is registered as a chiropractor in good standing in another
jurisdiction, or
(
b) satisfies the Registrar of having the necessary competencies
to carry out the purpose for which registration is requested.
(2) A person who is registered on the courtesy register pursuant to
subsection (1)(
a) must maintain registration in the other jurisdiction
while registered on the courtesy register.
(3) A registration under this
section may not exceed one year.
Good character
7(1) An applicant for registration as a regulated member must provide
evidence satisfactory to the Registrar of having good character and
reputation by submitting one or more of the following:
(
a) written references from colleagues and, if applicable, written
references from colleagues from other jurisdictions
recognized by the Council in which an applicant is or was
registered with an organization responsible for the regulation
of chiropractors, including confirmation of good standing in
those jurisdictions;
(
b) written references from any organization
(
i) in which the applicant is currently registered, and
(ii) which is responsible for the regulation of a profession;
(
c) a statement by the applicant as to whether the applicant
(
i) is currently undergoing an investigation, alternative
complaint resolution process, hearing or appeal related
to unprofessional conduct, or
(ii) has previously been disciplined by an organization
responsible for the regulation of chiropractors or of
another profession;
(
d) the results of a current criminal records check;
(
e) a statement by the applicant as to whether the applicant has
ever pleaded guilty or has been found guilty of a criminal
offence in Canada or an offence of a similar nature in a
jurisdiction outside Canada for which the applicant has not
been pardoned;
(
f) any other relevant evidence as requested by the Registrar.
(2) If an applicant has engaged in an activity that has, in the opinion of
the Registrar, undermined the applicant's good character and
reputation in the past, the applicant may provide evidence to the
Registrar of rehabilitation.
(3) The Registrar may also consider information other than that
provided by the applicant in determining whether the applicant is of a
good character and reputation, but if the Registrar considers that
information, the Registrar must give the applicant sufficient particulars
of the information to allow the applicant to respond to that
information.
Liability insurance
8 An applicant for registration as a regulated member must provide
evidence of having the type and amount of professional liability
insurance required by the Council.
Citizenship
9 An applicant for registration as a regulated member must provide
proof of Canadian citizenship or proof of having been lawfully
admitted to and entitled to work in Canada.
Titles
Titles
10 A regulated member registered on the general register or courtesy
register may use the following titles, abbreviations and initials:
(
a) Doctor of Chiropractic;
(
b) Chiropractor;
(
c) Registered Chiropractor;
(
d) D.C.;
(
e) Doctor or Dr., in connection with providing a health service
within the practice of chiropractic.
Practice Permit
Renewal requirements
11 A general member applying for renewal of the member's practice
permit must provide evidence of
(
a) having met the continuing competence requirements set out
in this Regulation,
(
b) continuing to meet the requirements set out in sections 7 to 9,
and
(
c) carrying on an active practice.
Conditions
12 On issuing a practice permit to a regulated member, the Registrar
or Registration Committee may impose conditions on the practice
permit, including, but not limited to, the following:
(
a) that the member practise under the supervision of another
regulated member;
(
b) that the member refrain from engaging in sole practice;
(
c) that the member submit to additional practice visits.
Restricted Activities
Basic authorized activities
13 A regulated member may, in the practice of chiropractic and in
accordance with the Standards of Practice, perform the following
restricted activities:
(
a) to use a deliberate, brief, fast thrust to move the joints of the
spine beyond the normal range but within the anatomical
range of motion, which generally results in an audible click
or pop;
(
b) to insert or remove instruments, devices or fingers
(
i) beyond the cartilaginous portion of the ear canal,
(ii) beyond the point in the nasal passages where they
normally narrow, and
(iii) beyond the anal verge;
(
c) to reduce a dislocation of a joint;
(
d) to order any form of ionizing radiation in
(
i) medical radiography, and
(ii) nuclear medicine;
(
e) to apply any form of ionizing radiation in medical
radiography;
(
f) to order non-ionizing radiation in
(
i) magnetic resonance imaging, and
(ii) ultrasound imaging.
Other authorized activities
14(1) A regulated member
(
a) who has successfully completed an education program in
needle acupuncture approved by the Council,
(
b) who meets the additional requirements for continuing
competence related to needle acupuncture set by the Council,
and
(
c) who has received notification from the Registrar that the
authorization is indicated on the appropriate register
may, in the practice of chiropractic and in accordance with the
Standards of Practice, perform the restricted activity of cutting a body
tissue or performing other invasive procedures on body tissue below
the dermis or mucous membrane for the purpose of needle
acupuncture.
(2) A regulated member
(
a) who has successfully completed a specialty program in
orthopaedics approved by the Council,
(
b) who meets the additional requirements for continuing
competence related to setting fractures set by the Council,
and
(
c) who has received notification from the Registrar that the
authorization is indicated on the appropriate register
may, in the practice of chiropractic and in accordance with the
Standards of Practice, perform the restricted activity of setting or
resetting a simple fracture of a bone.
Restriction
15(1) Despite any authorization to perform restricted activities,
regulated members must restrict themselves in performing restricted
activities to those activities that they are competent to perform and to
those that are appropriate to the member's area of practice and the
procedure being performed.
(2) A regulated member who performs a restricted activity must do so
in accordance with the Standards of Practice.
Students
16(1) A student who is enrolled in a program of chiropractic studies
approved by the Council is, within the program, permitted to perform
the restricted activities described in
section 13 with the consent of and
under the supervision of a general member.
(2) A general member who is enrolled in a program of acupuncture
studies or a student who is enrolled in a program of chiropractic
studies approved by the Council and who is enrolled in a program of
acupuncture studies is permitted to perform the restricted activity
described in
section 14(1) with the consent of and under the
supervision of a general member.
Supervision
17 The supervising general member who consents to supervise under
section 16 must
(
a) be authorized by this Regulation to provide the restricted
activity being performed,
(
b) obtain approval as a preceptor from the Registrar in
accordance with the requirements set by the Council,
(
c) supervise by being physically present and available to assist
the student or a general member who is in a program of
studies approved by the Council, related to the performance
of restricted activities described in sections 13 and 14(1),
who is performing a restricted activity,
(
d) secure written consent from the patient on whom the student
is to perform the restricted activity, and
(
e) comply with the Standards of Practice.
Continuing Competence
Continuing competence program
18 The continuing competence program of the College comprises
(
a) continuing professional development, and
(
b) practice visits.
Continuing professional development
19 A general member as part of the continuing competence program
must acquire 72 program credits every 3 years through verified
attendance at or participation in a scientific or clinical course or an
education activity designated to enhance the continuing competence of
chiropractors that is approved in accordance with the rules for the
continuing competence program.
Program rules
20(1) The Council may make rules, in accordance with this section,
governing the operation of the continuing competence program,
including, but not restricted to, the following:
(
a) respecting the eligibility of an activity to qualify for program
credits;
(
b) respecting the number of program credits to be earned for
participating in each activity;
(
c) requiring members to participate in a specified number of
different continuing competence activities;
(
d) requiring members to participate in continuing competence
activities in order to maintain specific competencies;
(
e) limiting the number of program credits that can be earned
from different continuing competence activities;
(
f) requiring members to participate in continuing competence
activities in order to refresh specific competencies prior to
renewal of their annual practice permit;
(
g) approving courses, continuing competence activities, study
clubs, meetings, journal sessions, and self-study or distance
education;
(
h) verifying attendance at and participation in activities that
qualify for program credits;
(
i) other matters relating to the continuing competence program.
(2) The Registrar and the Competence Committee may recommend
rules or amendments to the rules to the Council.
(3) Before the Council establishes any rules or amendments to the
rules, the rules or amendments to the rules must be distributed by the
Registrar to all general members of the College for their review.
(4) The Council may establish the rules or amendments to the rules 30
or more days after distribution under subsection (3) and after having
considered any comments received on the proposed rules or proposed
amendments to the rules.
Rule distribution
21 The Registrar must distribute the rules and any amendments to the
rules established under
section 20(4) to the general members and
provide copies on request to the Minister, regional health authorities
and any person who requests them.
Practice visits
22(1) The Competence Committee is authorized to carry out practice
visits and may, for the purpose of assessing continuing competence,
select individual general members or groups of general members for a
practice visit based on the criteria for selecting members for review
developed by the Competence Committee and approved by the
Council.
(2) If the results of a practice visit are unsatisfactory, the Competence
Committee may direct a general member to undertake one or more of
the following actions within a specified period of time:
(
a) to complete specific continuing competence requirements
within a specified time;
(
b) to complete any examinations, testing, assessment, training,
education or counselling considered by the Competence
Committee to be advisable;
(
c) to practise under the supervision of another general member;
(
d) to prohibit the general member from supervising other
general members or students providing professional services;
(
e) to correct any problems identified in the practice visit;
(
f) to submit to additional practice visits.
Alternative Complaint Resolution
Process conductor
23 When a complainant and an investigated person have agreed to
enter into an alternative complaint resolution process, the Complaints
Director must appoint a person to conduct the alternative complaint
resolution process acceptable to both the complainant and the
investigated person.
Agreement
24(1) The person who conducts the alternative complaint resolution
process must, in consultation with the complainant and the investigated
person, establish the procedures for and the objectives of the
alternative complaint resolution process.
(2) The procedures and objectives referred to in subsection (1) must
be set out in writing and signed by the complainant, the investigated
person and the representative of the College appointed by the
Complaints Director to participate in the alternative complaint
resolution process.
Confidentiality
25 The complainant and the investigated person must, subject to
sections 59 and 60 of the Act, agree to treat all information shared
during the alternative complaint resolution process as confidential.
Leaving the process
26 The complainant or the investigated person may withdraw from
the alternative complaint resolution process at any time.
Reinstatement of Registration and
Practice Permits
Reinstatement application
27(1) A person whose registration and practice permit have been
cancelled under
Part 4 of the Act may apply in writing to the Registrar
to have the registration reinstated and the practice permit reissued.
(2) An application under subsection (1) may be made
(
a) not earlier than 5 years after the date of cancellation, or
(
b) no more than once each calendar year after the refusal of an
application under
section 29.
(3) An applicant under subsection (1) must provide evidence of
qualifications for registration.
Consideration of application
28(1) An application under
section 27 must be reviewed by the
Registrar or Registration Committee.
(2) When reviewing an application under
section 27, the Registrar or
Registration Committee must
(
a) consider the record of the hearing at which the applicant's
registration and practice permit were cancelled, and
(
b) consider whether
(
i) the applicant meets the current requirements for
registration,
(ii) any conditions imposed at the time the applicant's
registration and practice permit were cancelled have
been met,
(iii) the applicant is fit to practise chiropractic, and
(iv) the applicant poses a risk to public safety.
Decision
29 The Registrar or Registration Committee may, on completing the
review of an application in accordance with
section 28, make one or
more of the following orders:
(
a) an order denying the application;
(
b) an order to reinstate the applicant's registration and to reissue
the applicant's practice permit;
(
c) an order to impose specified conditions on the applicant's
practice permit;
(
d) an order directing the applicant to pay any or all of the
College's expenses incurred in respect of the application as
provided for in the bylaws;
(
e) any other order that the Registrar or Registration Committee
considers necessary for the protection of the public.
Review by Council
30(1) An applicant whose application for reinstatement is refused
have been imposed under
section 29 may apply to the Council for a
review of the decision of the Registrar or Registration Committee.
(2) Sections 31 and 32 of the Act apply to a review under subsection
(1).
Publication of decision
31(1) The Registrar or Registration Committee, under
section 29, and
the Council, under
section 30, may order that its decision be published
in a manner it considers appropriate.
(2) The College must make the decisions under sections 29 and 30
available for 6 years to the public on request.
Information
Requested information
32(1) A regulated member or an applicant for registration as a
regulated member must provide the following information, in addition
to that required under
section 33(3) of the Act, to the Registrar, on the
initial application for registration, on the request of the Registrar and
when there are any changes to the information:
(
a) home address, current address or mailing address, telephone
number, e-mail address and fax number;
(
b) business address, telephone number, e-mail address and fax
number;
(
c) passport photo;
(
d) date of birth;
(
e) college from which the regulated member graduated;
(
f) date of graduation;
(
g) original transcripts from college graduation;
(
h) emergency contact number;
(
i) required good character documents;
(
j) proof of liability insurance;
(
k) proof of Canadian citizenship or proof that the regulated
member is lawfully admitted to Canada and entitled to work
in Canada;
(
l) continuing education or practice visit information where
applicable;
(
m) certification verifying completion of programs allowing an
applicant to provide restricted activities;
(
n) whether the member is registered with another college under
the Act or with an organization that under another enactment
governs a profession that provides health services;
(
o) whether the member is registered in another jurisdiction with
an organization that governs the practice of chiropractic.
(2) Subject to
section 34(1) of the Act, the College may disclose the
information collected under subsection (1)
(
a) with the consent of the regulated member whose information
it is, or
(
b) in a summarized or statistical form so that it is not possible to
relate the information to any particular identifiable person.
Section 119 information
33 The periods of time during which the College is to provide
information under
section 119(4) of the Act are as follows:
(
a) information referred to in
section 33(3) of the Act entered in
a register for a regulated member, except for the information
referred to in
section 33(3)(
h) of the Act, while the named
regulated member is registered as a member of the College;
(
b) information referred to in
section 119(1) of the Act
respecting
(
i) the suspension of a regulated member's practice permit,
while the suspension is in effect,
(ii) the cancellation of a regulated member's practice
permit, for 6 years after the cancellation,
(iii) the conditions imposed on a regulated member's
practice permit, while the conditions are in effect,
(iv) the directions made that a regulated member cease
providing professional services, while the directions are
in effect, and
(
v) the imposition of a reprimand or fine under
Part 4 of the
Act, for 6 years after the imposition of the reprimand or
fine;
(
c) information as to whether a hearing is scheduled to be held
under
Part 4 of the Act with respect to a named regulated
member, until the hearing is concluded;
(
d) information respecting
(
i) whether a hearing has been held under
Part 4 of the Act
with respect to a named regulated member, for 6 years
from the date the hearing is concluded, and
(ii) a decision and a record of the hearing referred to in
section 85(3) of the Act of a hearing held under
Part 4
of the Act, for 6 years after the date the hearing tribunal
of the College rendered its decision.
Transitional Provisions, Repeals and
Coming into Force
Transitional
34 On the coming into force of this Regulation, a registered member
described in
section 6 of
Schedule 2 to the Act is deemed to be entered
on the general register.
Repeal
35 The Chiropractic Profession Regulation (AR 356/86) is repealed.
Coming into force
36 This Regulation comes into force on the coming into force of
Schedule 2 to the Health Professions Act.
--------------------------------
Alberta Regulation 278/2006
Student Financial Assistance Act
STUDENT FINANCIAL ASSISTANCE AMENDMENT REGULATION
Filed: November 9, 2006
For information only: Made by the Lieutenant Governor in Council (O.C. 575/2006)
on November 8, 2006 pursuant to
section 22 of the Student Financial Assistance Act.
1 The Student Financial Assistance Regulation
(AR 298/2002) is amended by this Regulation.
Section 3 is amended by striking out "2012" and
substituting "2016".
Schedule 1 is amended
(
a) in
section 14 by adding the following after
subsection (3):
(4) In construing any provision of this
Schedule that relates
directly or indirectly to the requirement of information or
documents, audits or any other matter relating to the
enforcement of any of its provisions, any reference to a
student includes any person who has ever received any
assistance.
(
b) in
section 28
(
i) in subsection (2) by striking out "(10)" and
substituting "(11)";
(ii) by adding the following after subsection (10):
(11) Notwithstanding anything in this section, the Minister
may not make any payment under this
section to a person
who has ever
(
a) been declared bankrupt or filed a proposal for
protection under the Bankruptcy and Insolvency
Act (Canada) and its regulations and been
discharged, and
(
b) received any assistance that the Minister considers
would, but for that discharge, have to be repaid,
and that has not been repaid.
Schedule 2 is amended
(
a) in
section 8(3)(c)
(
i) by adding "a proposal" after "filed";
(ii) by adding "its" before "regulations";
(iii) by adding "or been declared bankrupt under that
federal legislation," after "not,";
(
b) in
section 9
(
i) by striking out "A program of study must meet" and
substituting "The Minister shall not approve a
program of study under
section 1(1)(
m) of the Act
unless the Minister considers that the program meets";
(ii) in clause (
a) by striking out "direct loans are
provided, the direct loan default" and substituting
"loans are provided, the loan repayment";
(iii) by repealing clause (
d) and substituting the
following:
(
d) where the Minister requires it, the educational
institution has entered into an agreement with the
Minister that addresses to the Minister's
satisfaction any matter that the Minister considers
necessary or appropriate for the proper
administration of the program of study.
(
c) in
section 13(1)(
c) by adding ", despite
section 15.1,"
after "if";
(
d) in
section 14 by adding the following after
subsection (4):
(5) In construing any provision of this
Schedule that relates
directly or indirectly to the requirement of information or
documents, audits or any other matter relating to the
enforcement of any of its provisions, any reference to a
student includes any person who has ever received any
assistance.
(
e) by adding the following after
section 15:
Refunding by educational institution
15.1 Where an educational institution is to refund all or
part of the tuition or other fees paid in respect of a student
who the educational institution knows or ought reasonably to
know has received assistance, it shall pay the whole of the
refund to the Minister in favour of the Minister of Finance,
and the Minister shall, after deducting from the refund the
amount due to the Minister in respect of the assistance
provided, refund to the student any excess remaining owing
to the student.
(
f) in
section 30
(
i) in subsection (2) by striking out "(9)" and
substituting "(10)";
(ii) by adding the following after subsection (9):
(10) Notwithstanding anything in this section, the Minister
may not make any payment under this
section to a person
who has ever
(
a) been declared bankrupt or filed a proposal for
protection under the Bankruptcy and Insolvency
Act (Canada) and its regulations and been
discharged, and
(
b) received any assistance that the Minister considers
would, but for that discharge, have to be repaid,
and that has not been repaid.
--------------------------------
Alberta Regulation 279/2006
Government Organization Act
DESIGNATION AND TRANSFER OF RESPONSIBILITY
AMENDMENT REGULATION
Filed: November 9, 2006
For information only: Made by the Lieutenant Governor in Council (O.C. 576/2006)
on November 8, 2006 pursuant to
section 16 of the Government Organization Act.
1 The Designation and Transfer of Responsibility
Regulation (AR 44/2001) is amended by this Regulation.
Section 12 is amended
(
a) in subsection (1) by repealing clause (h);
(
b) in subsection (4) by adding the following after
clause (c):
(c.1) Pharmacy and Drug Act;
--------------------------------
Alberta Regulation 280/2006
Dangerous Goods Transportation and Handling Act
DANGEROUS GOODS TRANSPORTATION AND HANDLING
AMENDMENT REGULATION
Filed: November 9, 2006
For information only: Made by the Lieutenant Governor in Council (O.C. 577/2006)
on November 8, 2006 pursuant to
section 31 of the Dangerous Goods Transportation
and Handling Act.
1 The Dangerous Goods Transportation and Handling
Regulation (AR 157/97) is amended by this Regulation.
Section 28 is amended by striking out "2006" and
substituting "2011".
--------------------------------
Alberta Regulation 281/2006
Public Sector Pension Plans Act
PUBLIC SECTOR PENSION PLANS (LAPP-PSPP PORTABILITY
ARRANGEMENT) AMENDMENT REGULATION
Filed: November 9, 2006
For information only: Made by the Lieutenant Governor in Council (O.C. 582/2006)
on November 8, 2006 pursuant to
Schedule 1,
section 4 and
Schedule 2,
section 4 of
the Public Sector Pension Plans Act.
Part 1
Local Authorities Pension Plan
1 The Local Authorities Pension Plan (AR 366/93) is
amended in accordance with this Part.
Section 69 is amended by striking out "or" at the end of
clause (
c) and by adding the following after clause (c):
(c.1) if applicable, to have those pension entitlements transferred
on a locked-in basis from the Plan to the Public Service
Pension Plan under a portability arrangement established
under
section 16.15 of the Regulations, subject to the terms
and conditions of that arrangement, or
Section 70(1) is amended by striking out "or" at the end
of clause (b), adding ", or" at the end of clause (
c) and
adding the following after clause (c):
(
d) if applicable, to have those pension entitlements transferred
from the Plan to the Public Service Pension Plan under a
portability arrangement established under
section 16.15 of
arrangement.
Section 72 is amended by striking out "or" at the end of
clause (
c) and by adding the following after clause (c):
(c.1) if applicable, to have those pension entitlements transferred
on a locked-in basis from the Plan to the Public Service
Pension Plan under a portability arrangement established
under
section 16.15 of the Regulations, subject to the terms
and conditions of that arrangement, or
Section 73(1) is amended by striking out "or" at the end
of clause (b), adding ", or" at the end of clause (
c) and
adding the following after clause (c):
(
d) if applicable, to have those pension entitlements transferred
from the Plan to the Public Service Pension Plan under a
portability arrangement established under
section 16.15 of
arrangement.
Part 1 of
Schedule 2 is amended by adding the following
names to the list in their appropriate alphabetical order:
Alberta First.com Ltd.
Badlands Ambulance Services Society
Camrose & District Support Services Board
Drumheller & District Solid Waste Management Association
Edson Public Library Board
Mackenzie Regional Waste Management Commission
North Peace Regional Landfill Commission
Part 2
Public Service Pension Plan
7 The Public Service Pension Plan (AR 368/93) is amended
in accordance with this Part.
Section 69 is amended by striking out "or" at the end of
clause (
c) and by adding the following after clause (c):
(c.1) if applicable, to have those pension entitlements transferred
on a locked-in basis from the Plan to the Local Authorities
Pension Plan under a portability arrangement established
under
section 16.15 of the Regulations, subject to the terms
and conditions of that arrangement, or
Section 70(1) is amended by striking out "or" at the end
of clause (b), adding ", or" at the end of clause (
c) and
adding the following after clause (c):
(
d) if applicable, to have those pension entitlements transferred
from the Plan to the Local Authorities Pension Plan under a
portability arrangement established under
section 16.15 of
arrangement.
Section 72 is amended by striking out "or" at the end of
clause (
c) and by adding the following after clause (c):
(c.1) if applicable, to have those pension entitlements transferred
on a locked-in basis from the Plan to the Local Authorities
Pension Plan under a portability arrangement established
under
section 16.15 of the Regulations, subject to the terms
and conditions of that arrangement, or
Section 73(1) is amended by striking out "or" at the end
of clause (b), adding ", or" at the end of clause (
c) and
adding the following after clause (c):
(
d) if applicable, to have those pension entitlements transferred
from the Plan to the Local Authorities Pension Plan under a
portability arrangement established under
section 16.15 of
arrangement.
--------------------------------
Alberta Regulation 282/2006
Disaster Services Act
GOVERNMENT EMERGENCY PLANNING AMENDMENT REGULATION
Filed: November 9, 2006
For information only: Made by the Lieutenant Governor in Council (O.C. 592/2006)
on November 8, 2006 pursuant to
section 6 of the Disaster Services Act.
1 The Government Emergency Planning Regulation
(AR 62/2000) is amended by this Regulation.
Section 6 is amended by striking out "December 31, 2006"
and substituting "December 31, 2007".
Alberta Regulation 283/2006
Safety Codes Act
AMUSEMENT RIDES STANDARDS AMENDMENT REGULATION
Filed: November 9, 2006
For information only: Made by the Lieutenant Governor in Council (O.C. 594/2006)
on November 8, 2006 pursuant to
section 65 of the Safety Codes Act.
1 The Amusement Rides Standards Regulation
(AR 223/2001) is amended by this Regulation.
Section 6 is amended by striking out "December 1, 2006"
and substituting "December 1, 2012".
--------------------------------
Alberta Regulation 284/2006
Forests Act
Mines and Minerals Act
Public Highways Development Act
Public Lands Act
EXPLORATION REGULATION
Filed: November 10, 2006
For information only: Made by the Lieutenant Governor in Council (O.C. 565/2006)
on November 8, 2006 pursuant to
section 4 of the Forests Act, sections 108 and 108.1
of the Mines and Minerals Act,
section 54 of the Public Highways Development Act
and
section 9 of the Public Lands Act.
Table of Contents
Definitions
Part 1
Exploration Directives
2 Adoption of Exploration Directives
3 Duty to comply
4 Condition of licence or permit
Part 2
General
5 Liability of delegatees
6 Powers of inspectors and investigators
7 Authority to conduct exploration
8 Consents required
9 Exploration on certain land
10 Right to enter on leased or closed road
11 Prohibited exploration and other activities
12 Reviews by Minister
13 Release of program information
14 Administrative penalty amounts
15 Offences
Part 3
Licences and Permits
16 Applications for licence or permit
17 Return of deposit
18 Deposits - transitional
19 Disposition of deposit
20 Inactive licences and permits
21 One licence or permit per person
22 Related corporations
23 Application for exploration approval
24 Notification of decision
25 Waiver of fee on resubmission
26 Notice to permittee
27 Security deposits
28 Forfeiture of security deposit
29 Return of security deposit
30 Amendment of approved program
31 Temporary field authorizations
32 Duties of licensee and permittee
33 Expiry of exploration approval
34 Duty on completion of exploration
35 Deficiencies in final plan
36 Approval of final plan
Part 4
Notices
37 Notice to relevant Department authority
38 Notice to other persons
39 Notice of temporary cessation of operations
Part 5
Exploration Field Operations
40 Change in designation of program permittee
41 Operation of exploration equipment
42 Use of products in exploration
43 Pipeline crossing
44 Distance requirements
45 Contamination of water and damage to aquifers
46 Flowing holes
47 Encountering gas
48 Subsidence
49 Charges in shot holes and depths of shot holes
and test holes
50 Temporary abandonment of shot holes and test holes
51 Abandonment of shot holes and test holes
52 Alternate shot hole abandonment
53 Damage to plugging
54 Minister's powers
55 Display of permit tag
56 Clearing of vegetation on road allowances
57 Debris, refuse and other material
58 Letter of clearance
59 Exploration on road allowances
60 Damage to highways, public roads, etc.
61 Directions re damage
62 General duty of care
63 Damage to survey monuments and survey markers
64 Assistance in dispute resolution
Part 6
Transfer of Programs
65 Transfer of program of exploration
66 Cancellation of licence or permit
Part 7
Transitional Provisions, Repeals,
Expiry and Coming into Force
67 Transitional
68 Repeals
69 Expiry
70 Coming into force
Schedules
Definitions
1(1) In this Regulation,
(a) "Act" means the Mines and Minerals Act;
(b) "approved permit tag" means a permit tag that is approved
within the meaning of
section 42;
(c) "business day" means a day on which the offices of the
particular board or corporation or the Government are open
for business;
(d) "centre source point" means,
(
i) in relation to an explosive energy source used in the
conduct of a program of exploration, a centre point
around which a number of shot points are shot in a
pattern in order to obtain data from that source point,
and
(ii) in relation to a non-explosive energy source used in the
conduct of a program of exploration, a point attributed
on the earth's surface from which energy is being
created and which is the centre point of the array of a
sweep area for that non-explosive energy source;
(e) "closed road" means
(
i) a public road in a municipal district, other than a leased
road, that is closed by the council of the municipal
district pursuant to
section 22 or 24 of the Municipal
Government Act,
(ii) a road, trail or bridge in a special area that is closed by
order of the Minister of Municipal Affairs under the
Special Areas Act,
(iii) a highway, other than a leased road, that is closed by
order of the Minister of Infrastructure and
Transportation pursuant to
section 47 of the Public
Highways Development Act, or
(iv) a highway, other than a leased road, that is closed by the
council of a city, town, village or summer village
pursuant to
section 22 or 24 of the Municipal
Government Act;
(f) "constructed road" means a public road or highway that has a
travelled portion, a shoulder and a slope of the shoulder;
(g) "date of commencement" means the date on which the
process, including ground or vegetation disturbance, to
establish the shot points or receiver points to be used in any
line in a program of exploration commences;
(h) "date of completion" means the date on which the recording
phase of an approved exploration program is completed;
(i) "Department" means the Department of Sustainable
Resource Development;
(j) "energy source" means a method that is used to generate
energy for the purpose of obtaining exploration data;
(k) "exploration" means
(
i) any operation on or over land or water to determine
geologic conditions underlying the surface of land or
water, and
(ii) any operations or activities that are preparatory to or
otherwise connected with the operations described in
subclause (
i) that, in the opinion of the Minister, have
the potential to cause surface disturbance,
but does not include operations exempted from
Part 8 of the
Act by the Minister under
section 109(2) of the Act;
(l) "Exploration Directive" means an Exploration Directive
adopted under
section 2;
(m) "final plan" means a final plan filed under
section 34;
(n) "harmful contaminant" means a substance that, by its nature
or the concentration in which it is used, is toxic or harmful to
humans, plants or animals;
(o) "highway" means highway within the meaning of
Part 17 of
the Municipal Government Act;
(p) "hole plug" means a device for plugging shot holes or test
holes;
(q) "inspector" means a person designated as an inspector under
section 108.3 of the Act and
section 6 of this Regulation;
(r) "investigator" means a person designated as an investigator
under
section 108.3 of the Act and
section 6 of this
Regulation;
(s) "leased road" means
(
i) the whole or any part of a highway that is closed by
order of the Minister of Infrastructure and
Transportation under
section 47 of the Public Highways
Development Act and leased under an order or
regulation made under
section 54(
d) of that Act, or
(ii) the whole or any part of a public road that is closed by
the council of a municipality other than a city pursuant
section 22 or 24 of the Municipal Government Act
and leased by bylaw or resolution made by the council
and approved by the Minister of Infrastructure and
Transportation;
(t) "letter of clearance" means a letter of clearance issued under
section 58;
(u) "licence of occupation road" means a road within a licensed
area as defined in the Dispositions and Fees Regulation
(AR 54/2000) and a road held under a licence of occupation
issued pursuant to the Special Areas Disposition Regulation
(AR 137/2001);
(v) "Minister" means the Minister of Sustainable Resource
Development;
(w) "municipal authority" means municipal authority within the
meaning of the Municipal Government Act;
(x) "municipality" means a city, town, village, summer village,
municipal district or specialized municipality;
(y) "occupied public land" means public land that is the subject
of a disposition under the Public Lands Act, the Special
Areas Act or any other enactment that conveys an estate or
interest sufficient to enable the holder of the disposition to
exclude persons from entering on the land, but does not
include a leased road;
(z) "operations manager" means an employee of the Government
of Alberta who is the district manager responsible for matters
pertaining to highways and the right of way of highways
situated in a highways district;
(aa) "pipeline" means a pipe used to convey a substance or
combination of substances, and includes installations
associated with the pipe;
(bb) "predecessor regulation" means the Exploration Regulation
(AR 423/78), the Exploration Regulation (AR 32/90) and the
Exploration Regulation (AR 214/98);
(cc) "preliminary plan" means a preliminary plan for a program
of exploration submitted under
section 23;
(dd) "private land" means land that is owned by a person other
than the Crown in right of Alberta or Canada or an agent of
the Crown in right of Alberta or Canada;
(ee) "program licensee" means,
(
i) with respect to a particular program of exploration, the
licensee by whom or on whose behalf the application
for the exploration approval is made,
(ii) with respect to a particular approved program of
exploration, the licensee under whom the approved
exploration program is conducted,
(iii) a licensee to whom a program of exploration is
transferred under
section 65, and
(iv) a successor licensee, being a licensee that is a successor
corporation to a licensee described in subclause (i), (ii)
or (iii) or is a successor to such a successor corporation,
by any of the following means, to the extent that it is
recorded with a department of the Government:
(
A) a change of name;
(
B) an acquisition of assets or shares;
(
C) a merger or amalgamation;
(ff) "program permittee" means, with respect to a particular
program of exploration,
(
i) the person designated as program permittee as required
by this Regulation, and
(ii) a successor permittee, being a permittee that is a
successor corporation to a permittee described in
subclause (
i) or is a successor to such a successor
corporation, by any of the following means, to the
extent that is recorded with a department of the
Government:
(
A) a change of name;
(
B) an acquisition of assets or shares;
(
C) a merger or amalgamation;
(gg) "public land" means land that is owned by the Crown in right
of Alberta, but does not include mines and minerals or land
within a road allowance;
(hh) "public road" means
(
i) a road or a road allowance that is subject to the
direction, control and management of a municipality or
of a Minister of the Crown in right of Alberta, or
(ii) a licence of occupation road that is not closed pursuant
to the Dispositions and Fees Regulation (AR 54/2000)
or otherwise,
but does not include a highway;
(ii) "recording" means the process by which exploration data is
obtained or retrieved from an energy source;
(jj) "relevant Department authority" means the branch of the
division of the Department that is designated in the
Exploration Directives as the relevant Department authority
for the purposes of the provision of this Regulation in which
the term is used;
(kk) "road allowance" means
(
i) the right of way of a highway or public road, and
(ii) any other right of way established or surveyed under the
Surveys Act, whether or not it contains an existing
thoroughfare;
(ll) "sealing product" means a substance or material used for the
purpose of sealing shot holes or test holes;
(mm) "shot hole" means a hole drilled in a program of exploration
for the purpose of detonating an explosive charge for the
primary purpose of obtaining, designing or evaluating
technical parameters for obtaining seismic information;
(nn) "survey marker" means a device used in the surveying of a
program of exploration to establish or produce the program;
(oo) "survey monument" or "monument" means a post, stake, pin,
mound of rock or other material, pit, trench or any other
thing used to mark a triangulation point or the surveyed
corner of a quarter
section or a section, and includes a
witness post indicating the position of such a corner;
(pp) "tenant" means a person who holds a lease in respect of a
leased road;
(qq) "test hole" means a hole drilled in a program of exploration
for the primary purpose of obtaining geological information
and in which no explosive charge will be detonated but in
which logs may be run.
(2) The
definitions in the Forests Act, the Public Highways
Development Act and the Public Lands Act do not apply to this
Regulation, except where this Regulation specifically makes such a
definition applicable.
(3) Section 23 of the
Interpretation Act does not apply to a notice
given pursuant to this Regulation.
(4) Except where this Regulation specifically provides to the contrary,
this Regulation does not apply to exploration for
(
a) metallic and industrial minerals as defined in the Metallic
and Industrial Minerals Tenure Regulation (AR 145/2005),
(
b) ammonite shell as defined in the Ammonite Shell Regulation
(AR 152/2004).
Part 1
Exploration Directives
Adoption of Exploration Directives
2(1) The Exploration Directives listed in
Schedule 1, as amended
from time to time, are adopted and form part of this Regulation.
(2) A reference in this Regulation to "this Regulation" includes the
Exploration Directives adopted under subsection (1).
(3) Exploration Directives and changes to them must be made in
accordance with the procedure set out in the applicable Exploration
Directive.
Duty to comply
3 In conducting exploration, a program permittee and a program
licensee shall comply with, and shall ensure that anyone operating
under their authorization complies with, all applicable Exploration
Directives.
Condition of licence or permit
4 Compliance with
(
a) section 3, and
(
b) directions of the Minister under
section 108.2 of the Act,
is a condition of the exploration licence and associated exploration
approval or the exploration permit, as the case may be.
Part 2
General
Liability of delegatees
5 If
(
a) a provision of this Regulation or a condition of an
exploration approval imposes a duty on a program licensee or
program permittee, whether or not the provision specifically
refers to a program licensee or program permittee, as the case
may be,
(
b) a program licensee or program permittee delegates, by
whatever manner, the performance of the duty to another
person, or that other person performs the duty under the
authority of the licence or permit of the program licensee or
program permittee, and
(
c) that provision or that condition is actually contravened by
that other person,
then, for the purpose of this Regulation, that provision or condition is
to be treated as having been contravened not only by the program
licensee or program permittee but also by that other person.
Powers of inspectors and investigators
6(1) A designation of a person as an inspector or investigator under
section 108.3 of the Act must indicate
(
a) whether the person designated may exercise his or her
powers throughout Alberta or only in a part of Alberta
specified in the designation, and
(
b) whether the person designated is authorized to act in respect
Part 8 of the Act and this Regulation generally or only in
respect of particular provisions specified in the designation.
(2) In the designation of an inspector the Minister may authorize the
inspector to do any or all of the following in the area of Alberta for
which he or she is designated:
(
a) conduct inspections in relation to programs of exploration;
approvals should be subject;
(
c) carry out the powers and duties with respect to the
administration of exploration approvals that are not assigned
to investigators under the Act or this Regulation.
(3) An investigator may, in the area of Alberta for which he or she is
designated,
(
a) conduct investigations where it appears that there may have
been a contravention of
Part 8 of the Act, this Regulation or a
term or condition of a licence, permit or exploration
approval, and
(
b) determine contraventions of
Part 8 of the Act, this Regulation
approvals and advise as to the appropriate enforcement action
to be imposed in respect of such contraventions.
Authority to conduct exploration
7 Subject to this Regulation, an exploration approval authorizes the
program licensee and any person conducting a program of exploration
under the authority of the program licensee to use the land designated
in the exploration approval in accordance with the terms and
conditions of the approval.
Consents required
8(1) No person shall conduct exploration
(
a) on private land, except with the consent of the owner of the
land or a person authorized by the owner to give that consent;
(
b) on land owned or occupied by the Crown in right of Canada,
except with the consent of the appropriate Minister or agency
the appropriate Minister or agency to give the consent;
(
c) on land, other than public land, of which the Crown in right
of Alberta is in lawful possession, except with the consent of
the appropriate Minister or agency of the Government of
Alberta;
(
d) on occupied public land that is not the subject of an
agricultural lease within the meaning of the Exploration
Dispute Resolution Regulation (AR 227/2003), except with
the consent of the person in possession of the public land
under and by virtue of the disposition;
(
e) on occupied public land that is the subject of an agricultural
lease within the meaning of the Exploration Dispute
Resolution Regulation (AR 227/2003), except in accordance
with the requirements, processes and procedures set forth in
that Regulation;
(
f) on public land under the administration of a Minister of the
Crown in right of Alberta other than the Minister of
Sustainable Resource Development, except with the consent
of the Minister who has the administration of the public land;
(
g) on public land under the administration of a corporation that
is an agent of the Crown in right of Alberta, except with the
consent of that corporation;
(
h) on land within the boundaries of
(
i) a city, town, village or summer village,
(ii) an urban service area of a specialized municipality, or
(iii) a rural service area of a specialized municipality, where
an order in council under the Municipal Government
Act deems the rural service area to be a city for the
purposes of enactments affecting roads, culverts,
ditches, drains and highways in the rural service area,
except with the consent of the council of the city, town,
village, summer village or specialized municipality or an
employee of the city, town, village, summer village or
specialized municipality who is authorized to give the
consent;
(
i) on land within the boundaries of a Metis settlement, except
with the consent of the settlement council and the Metis
Settlements General Council;
(
j) on a part of a highway that is under construction, except with
the consent of the operations manager in the Department of
Infrastructure and Transportation for the region of Alberta in
which that part of the highway is located or an employee of
the Crown in right of Alberta authorized by the operations
manager to give that consent;
(
k) on a part of a public road as defined in
section 1(1)(hh)(
i) that is under construction within the geographical area of a
municipal authority, except with the consent of the municipal
authority.
(2) Notwithstanding subsection (1), where
(
a) the exploration to be conducted on land referred to in that
subsection involves the conduct of an activity or the
commission of waste, and
(
b) the person from whom consent must be obtained under that
subsection does not have the right to give the consent in
respect of the activity or the commission of waste, as the case
may be,
the consent must be obtained from the person who has the right to give
it or from a person who is authorized by that person to give it.
(3) Subsections (1) and (2) shall not be construed as removing the
necessity to obtain a consent to conduct exploration on any land from
any person not referred to in those subsections, if that person's consent
is required by law.
(4) Notwithstanding subsection (3), where an exploration approval is
granted in respect of land that is or includes a road allowance located
in a municipal district, improvement district, special area, specialized
municipality or town under the Parks Towns Act, exploration may be
conducted in the road allowance under the exploration approval
without the need for any consent from the council of the municipal
district, improvement district, special area, specialized municipality or
town in addition to consent that may be required under subsection (1)
section 59.
Exploration on certain land
9 No person shall conduct exploration
(
a) on land within that part of the location of an agreement
issued under the Act in which the holder of the agreement
has been granted surface access to the mineral rights granted
by the agreement under a disposition granted under the
Public Lands Act unless that person is the holder of the
agreement or a person authorized by the holder of the
agreement to conduct the exploration;
(
b) on land within the area of a permit for a mine site or mine
granted under the Coal Conservation Act unless that person
is the holder of the permit or a person authorized by the
holder of the permit to conduct the exploration;
(
c) on land within the area of an approval for a scheme or
operation granted under the Oil Sands Conservation Act
unless that person is the holder of the approval or a person
authorized by the holder of the approval to conduct the
exploration;
(
d) on land that is within the area of a metallic and industrial
minerals lease issued under the Metallic and Industrial
Minerals Tenure Regulation (AR 145/2005) and is the
subject of an authorization under
section 50 of that
Regulation, unless that person is the holder of the lease or a
person authorized by the holder of the lease to conduct the
exploration;
(
e) on land that is being used for the operation of a quarry as
defined in the Activities Designation Regulation
(AR 276/2003) unless that person is the person who will be
primarily responsible for carrying on the quarrying operation
or is a person authorized by that person to conduct the
exploration.
Right to enter on leased or closed road
10(1) The program licensee or program permittee for a program of
exploration that is to be conducted, in whole or in part, on a leased
road shall, prior to the date of commencement of the program, make a
reasonable effort to negotiate the right to enter on the leased road with
the tenant.
(2) If a right to enter cannot be negotiated in accordance with
subsection (1), entry may be made on the leased road for the purpose
of conducting the program of exploration if, not less than 48 hours
prior to the date of entry, the program licensee or program permittee
gives notice in writing of the entry to the tenant.
(3) The program licensee or program permittee for a program of
exploration that is to be conducted, in whole or in part, on a closed
road shall, prior to the commencement of the program, attempt to
negotiate the right to enter on the closed road with
(
a) the council for the municipal district in which entry is to be
made, if entry relates to a public road described in
section
1(1)(e)(i),
(
b) the Special Areas Board, if entry relates to a road, trail or
bridge described in
section 1(1)(e)(ii),
(
c) the operations manager for the transportation district in
which entry is to be made, if entry relates to a highway
described in
section 1(1)(e)(iii), or
(
d) the council for the city, town, village or summer village in
which entry is to be made, if entry relates to a highway
within the meaning of
section 1(1)(e)(iv).
(4) If a right to enter cannot be negotiated in accordance with
subsection (3)(a), (
b) or (d), entry may be made on the closed road for
the purpose of conducting the program of exploration if, not less than
48 hours prior to the date of entry, the program licensee or program
permittee gives notice in writing of the entry to the person, board or
corporation with whom the licensee or permittee attempted to negotiate
the right to enter under subsection (3)(a), (
b) or (d).
(5) A notice given under subsection (2) or (4) must
(
a) state the intent to conduct the program of exploration on the
leased road or closed road,
(
b) indicate the point or points where entry will be made on the
leased road or closed road for the purpose of conducting the
program,
(
c) indicate the anticipated date of entry on, and the expected
date of departure from, the leased road or closed road by the
person or persons conducting the program, and
(
d) contain an undertaking by the licensee or permittee for the
program that the licensee or permittee will be liable for any
damage resulting from the conduct of the program on the
leased road or closed road.
(6) Nothing in this
section relieves any person from the requirement to
obtain any applicable consent under
section 8.
Prohibited exploration and other activities
11(1) No person shall conduct exploration in any area of Alberta
described in an Exploration Directive as an area in which exploration
is prohibited by the Exploration Directive.
(2) No person shall
(
a) operate a type of energy source,
(
b) operate a type of exploration equipment, or
(
c) conduct a method of exploration
in an area of Alberta described in an Exploration Directive as an area
in which such an activity is prohibited by the Exploration Directive.
(3) No person shall
(
a) operate a type of energy source,
(
b) operate a type of exploration equipment, or
(
c) conduct a method of exploration
in an area of Alberta described in an Exploration Directive during a
period specified in the Exploration Directive in which such an activity
is prohibited by the Exploration Directive.
(4) Where an Exploration Directive indicates that, in an area of
Alberta described in the Exploration Directive, a person must
(
a) operate a type of energy source,
(
b) operate a type of exploration equipment, or
(
c) conduct a method of exploration
in accordance with conditions specified in the Exploration Directives,
no person may carry on such an activity except in accordance with
such conditions.
(5) No person shall, in an area of Alberta described in an Exploration
Directive, drill shot holes or test holes to a depth greater than the
maximum depth specified by the Exploration Directive for shot holes
or test holes in that area.
(6) If any discrepancy exists between a description of an area of
Alberta in an Exploration Directive and the area as shown on a map in
the Exploration Directive, the description of the area prevails.
Reviews by Minister
12(1) The Minister may,
(
a) on application by a program licensee or program permittee or
a person authorized by the program licensee or program
permittee, or
(
b) on the Minister's own initiative,
as provided in the Exploration Directives, review a decision of the
Minister in respect of a program of exploration if the decision relates
to a matter that is specified by the Exploration Directives as a matter
that is reviewable under this section.
(2) The Minister may refuse to consider an application under
subsection (1)(
a) if the program licensee, program permittee or
authorized person has not complied with the requirements of the
Exploration Directives in respect of the application.
(3) In conducting a review the Minister shall give an opportunity to
the program licensee, program permittee or authorized person to make
representations in respect of the subject-matter of the review.
(4) On having conducted a review under this
section the Minister may
(
a) confirm the decision, or
(
b) vary the decision or revoke it and make a new decision,
and the Minister's decision on the review is final.
Release of program information
13(1) Subject to the Freedom of Information and Protection of
Privacy Act as it relates to the release of personal information, on the
request in writing made by any person to the relevant Department
authority, the Minister may release and make available to that person
information that is held in the records of the Department in relation to
an approved exploration program and is of a nature or type specified in
the Exploration Directives for the purposes of this section.
(2) A release of information described in subsection (1)
(
a) may be made
(
i) at any time after 2 years following the date of
completion, or
(ii) at any time during that 2-year period if the Minister is
satisfied that the licensee has consented to the release,
and
(
b) must be made in accordance with the requirements of the
Exploration Directives.
(3) At any time after the approval by the Minister of a final plan for a
program of exploration, information as to the location of lines in the
programs that are specified and described in the Exploration Directives
for the purposes of this subsection may be released by the relevant
Department authority to a branch or division of the Department
designated in the Exploration Directives for the purpose of identifying
the location of those lines on access maps to which persons involved in
the conduct of exploration in Alberta will have access.
Administrative penalty amounts
14 The maximum amounts of administrative penalties that may be
imposed for the purposes of
section 112 of the Act are as set out in
Schedule 2.
Offences
15 A person who contravenes
section 3, 8(1) or (2), 11, 32, 44, 45(1),
46(1)(b), 50(b), 51, 59(1), or (2), 60(2)(d), (
f) or (g), 62 or 63(1)(
b) or
(
c) is guilty of an offence.
Part 3
Licences and Permits
Applications for licence or permit
16(1) A person may apply to the Minister in writing for an
exploration licence or an exploration permit.
(2) The application must be in the form and contain the information
required by the Exploration Directives and must be accompanied by
(
a) an application fee of $100 in the form of cash or a certified
cheque or money order,
(
b) a deposit in the form of cash or a certified cheque or money
order in the amount of $10 000 if the applicant is applying
for an exploration licence or $5000 if the applicant is
applying for an exploration permit, and
(
c) if the applicant is a corporation, proof satisfactory to the
Minister that the applicant is entitled to carry on business in
Alberta.
Return of deposit
17 The Minister shall return a deposit to the applicant if the
exploration licence or exploration permit is not issued.
Deposits - transitional
18 A person who is a licensee or permittee on the date this
Regulation comes into force shall ensure that, not more than 3 months
following that date, there is on account with the Department in respect
of its exploration licence or exploration permit a deposit that meets the
requirements of
section 16(2)(b).
Disposition of deposit
19(1) The Minister may expend any portion of a deposit
(
a) to remedy or redress any matter related to a contravention of
Part 8 of the Act or of this Regulation or to a failure to
comply with the terms or conditions of an exploration
approval,
(
b) as provided for in
section 46(5), 54(b), 60(3)(
b) or 63(3)(
b) or (4)(b),
(
c) to restore or repair damage to public land or to a renewable
resource, structure, improvement, installation, facility or
other property on public land that has been damaged or
adversely affected through the conduct of a program of
exploration by the licensee or permittee, or
(
d) to pay any money owing by the licensee or permittee to the
Government under
Part 8 of the Act or under this Regulation.
(2) If all or part of the deposit is expended by the Minister, the
licensee or permittee, as the case may be, shall, within 3 months after a
request from the Minister, pay a sufficient amount of money to the
Minister so that the deposit is again in the amount prescribed by
section 16(2)(b).
(3) If the Minister cancels an exploration licence or exploration permit
pursuant to
section 110(1) of the Act,
(
a) the deposit held by the Minister in respect of that licence or
permit is forfeited to the Crown in right of Alberta, and
(
b) the Minister may expend the deposit or any portion of the
deposit as described in subsection (1).
(4) If the Minister cancels an exploration licence or exploration permit
at the request of the licensee or permittee, the Minister shall return to
the licensee or permittee the portion of the deposit that has not been
expended as described in subsection (1) if the Minister is satisfied that
(
a) all money owing to the Government by the licensee or
permittee under any enactment under the Minister's
administration has been paid, and
(
b) all duties and obligations of the licensee or permittee under
any enactment under the Minister's administration have been
discharged.
Inactive licences and permits
20(1) The Minister may declare a deposit forfeited to the Crown in
right of Alberta if,
(
a) for a period of at least 3 years, the licensee or permittee has
not conducted exploration under the exploration licence or
exploration permit and has not advised the Minister of its
intention to so conduct exploration, or
(
b) where the licensee or permittee is a corporation, the licensee
or permittee has, for a period of at least 3 years, ceased to be
entitled to carry on business in Alberta.
(2) If the Minister declares a deposit forfeited under subsection (1),
the exploration licence or exploration permit in respect of which the
deposit was furnished is automatically cancelled.
One licence or permit per person
21 No person shall hold more than one exploration licence or
exploration permit at any time.
Related corporations
22(1) In this section, "group of related corporations" means
(
a) bodies corporate that are affiliates of one another or affiliated
bodies corporate as described and defined in
section 2 of the
Business Corporations Act, or
(
b) bodies corporate that are related to or associated with each
other in any of the ways described and defined in
section 2 of
the Business Corporations Act.
(2) Where more than one body corporate in a group of related
corporations holds an exploration licence or an exploration permit, the
Minister may
(
a) by notice in writing require the group of related corporations
to designate a body corporate as the body corporate that is to
be the licensee or permittee, and
(
b) issue one licence or permit to the body corporate designated
under clause (a), cancel all other licences or permits held by
bodies corporate in the group of related corporations and
transfer all programs listed in the records of the Department
under those licences or permits to the licence or permit of the
designated body corporate.
Application for exploration approval
23(1) A licensee or a person authorized by the licensee may apply to
the Minister in writing for an exploration approval.
(2) The application must be submitted to the relevant Department
authority and must be accompanied by
(
a) a preliminary plan as described in the Exploration Directives
and any other information required by the Exploration
Directives, and
(
b) an application fee of $350 in the form of cash or a certified
cheque or money order or paid through an account
established with the Government.
Notification of decision
24(1) The Minister shall notify the applicant in writing as to the
disposition of the application for an exploration approval not later than
10 business days after the day on which the application was received
by the Minister.
(2) If the Minister refuses an application for an exploration approval,
the Minister shall specify the reasons for the refusal.
Wavier of fee on resubmission
25 Where an application must be resubmitted because of a deficiency
with the application, the Minister may waive the fee payable under
section 23(2)(
b) if the Minister considers that, in the circumstances, it
would be appropriate to do so.
Notice to permittee
26(1) If the Minister accepts an application for an exploration
approval, the program licensee shall deliver a copy of the exploration
approval to the program permittee prior to the date of commencement
of the program.
(2) The program permittee shall post a copy of the exploration
approval in a conspicuous place at its field headquarters until the
program of exploration is completed.
Security deposits
27(1) The Minister may require a program licensee to provide a
security deposit in an amount and form specified by the Minister
(
a) before an exploration approval is granted for the program of
exploration, or
(
b) after the granting of the exploration approval and before the
program licensee has obtained, in respect of the program of
exploration,
(
i) a letter of clearance referred to in
section 58(3), in the
case of a program of exploration conducted on public
land or within a road allowance, or
(ii) a release from the owner of the land or the owner's
agent, in the case of a program of exploration conducted
on private land.
(2) The Minister may, at any time after payment of a security deposit
under subsection (1), increase the amount of the security deposit
required under subsection (1) if the Minister discovers or identifies any
matter or thing connected with the program of exploration that, in the
Minister's opinion, justifies increasing the amount.
(3) If the Minister requires a security deposit for a program of
exploration before the granting of the exploration approval, the
Minister shall not grant an exploration approval unless the Minister has
received the security deposit.
(4) If the Minister requires a security deposit for a program of
exploration after the granting of an exploration approval or increases
the amount of a security deposit under subsection (2), no person shall
perform any operation or activity in connection with the program of
exploration after the date specified by the Minister for payment of the
security deposit or the increased amount unless, before that date, the
Minister receives the deposit or increased amount.
Forfeiture of security deposit
28 If the Minister is of the opinion that
(
a) a program of exploration for which a security deposit has
been furnished under this
Part is not being or has not been
conducted in compliance with
Part 8 of the Act, this
Regulation or the terms or conditions of the exploration
approval, or
(
b) land, any renewable natural resource or any structure,
improvement, installation, facility or other property located
on land is being or has been damaged or adversely affected
through the conduct of such a program,
the Minister may declare the security deposit forfeited to the Crown in
right of Alberta and may
(
c) expend on the location of the program of exploration the
security deposit and any additional funds that are necessary
to remedy the non-compliance or to restore or repair the
damage to the land, renewable natural resource, structure,
improvement, installation, facility or other property, and
(
d) recover the additional funds referred to in clause (
c) in an
action in debt against the program licensee.
Return of security deposit
29(1) Where the Minister declares a security deposit to be forfeited
under
section 28, the Minister shall, after complying with
section
28(c), forthwith return to the licensee any part of the security deposit
that remains.
(2) The Minister shall forthwith return a security deposit to the
program licensee where the Minister is satisfied that
section 28 does
not apply.
Amendment of approved program
30(1) The Minister may, on application in writing by a program
licensee or a person authorized by the program licensee, and on
payment of a fee of $175, amend an exploration approval.
(2) An application for an amendment may not be made after the
exploration approval has expired.
(3) Sections 23(2)(
a) and 24 apply to an application for an amendment
to an exploration approval.
(4) Subject to
section 8(1)(
a) and the Exploration Directives, the
program licensee may move a seismic line in an approved exploration
program being conducted on private land without obtaining an
amendment to the exploration approval if the line is moved
(
a) within the quarter
section in which it is located as shown on
the preliminary plan approved for the program, or
(
b) to an adjoining quarter
section if the location of a line in that
quarter
section is shown on the preliminary plan approved for
the program or in an amendment to the exploration approval.
Temporary field authorizations
31 After an exploration approval has been granted for a program of
exploration on public land, the Minister may, in accordance with the
Exploration Directives, authorize
(
a) the use of any existing cut lines or the cutting of new lines
that were not shown on the preliminary plan, or
(
b) any other activities associated with the conduct of the
program.
Duties of licensee and permittee
32 The program licensee and program permittee shall ensure that all
exploration in an approved exploration program is conducted in
accordance with
(
a) the preliminary plan approved for the program,
(
c) any authorizations given by the Minister under
section 31.
Expiry of exploration approval
33(1) Subject to subsections (2) and (3), an exploration approval
expires
(
a) on the date specified in the exploration approval for the
expiry of the exploration approval, or
(
b) if no such date is specified in the exploration approval, on
April 30 of the fiscal year of the Government next following
the fiscal year in which the exploration approval was granted.
(2) On the date of completion of an approved exploration program, the
exploration approval granted in respect of the program is deemed to
have expired.
(3) In accordance with the Exploration Directives, the Minister may
extend the term of an exploration approval if the program licensee or a
person authorized by the program licensee makes a written request to
the relevant Department authority.
(4) The Minister may grant the extension for any period and subject to
Duty on completion of exploration
34(1) Within 90 days after the date of completion, the program
licensee shall
(
a) file with the relevant Department authority a final plan for
the program of exploration in accordance with the
Exploration Directives, and
(
b) in the case of a program of exploration that was conducted in
whole or in part on land that is within the location of or
subject to a forest management agreement or timber licence
within the meaning of
section 38(1)(a), provide a copy of the
final plan to the holder of the forest management agreement
or timber licence.
(2) If
(
a) no exploration field operations are conducted under an
approved exploration program before its expiry date as
determined under
section 33(1) or (3), or
(
b) the program licensee cancels an approved program of
exploration without having conducted any exploration field
operations under it,
the program licensee shall, not later than 30 days after the expiry date,
file with the relevant Department authority a written statement that no
exploration field operations were conducted under the program.
(3) A final plan must be accompanied with copies of all authorizations
in respect of the program given by the Minister under
section 31.
Deficiencies in final plan
35(1) The Minister may by notice in writing require the program
licensee to
(
a) correct any deficiencies in a final plan filed under
section 34,
(
b) refile the final plan where the Minister considers it
appropriate to do so due to the nature of the deficiencies.
(2) A program licensee who receives a notice under subsection
(1) shall comply with it in accordance with its terms.
(3) A program licence who refiles a final plan under subsection (1)(
b) shall forthwith provide a copy of the refiled final plan to the holder of
a forest management agreement or timber licence referred to in
section
34(1)(b), where applicable.
Approval of final plan
36 The Minister is considered to have approved a final plan on the
expiry of 90 days after receipt of it unless the Minister gives the
program licensee a notice under
section 35 before the expiry of the
90-day period.
Part 4
Notices
Notice to relevant Department authority
37(1) Not more than 5 business days prior to the date of
commencement or, if the Minister has agreed in writing to a different
time or period of time for the purpose of this subsection, at or before
that time or within that period of time, the program licensee and
program permittee shall ensure that the relevant Department authority
is provided with a notice containing the particulars about the proposed
program of exploration that are required in the Exploration Directives.
(2) Not more than 5 business days after the date of completion, the
program licensee and program permittee shall ensure that the relevant
Department authority is provided with a notice containing the
particulars about the completed program of exploration that are
required in the Exploration Directives.
(3) A notice under subsection (1) or (2) must be given in the form and
manner required by the Exploration Directives.
Notice to other persons
38(1) In this
section and
section 39,
(a) "forest management agreement" and "timber licence" mean