Alberta Gazette — 15 October (ii)

1015 ii

Alberta — Gazette

Alberta Gazette — 15 October (ii)

1015 ii

Alberta — Gazette

Alberta Regulation 210/99

Meat Inspection Act

MEAT INSPECTION ACT FEES AMENDMENT REGULATION

Filed: September 27, 1999

Made by the Minister of Agriculture, Food and Rural Development pursuant to

the Meat Inspection Act.

1 The Meat Inspection Act Fees Regulation (AR 119/90) is amended by this

Regulation.

Section 2 is amended by striking out "An inspector who provides

inspection services under the Meat Inspection Regulation (Alta. Reg. 51/73)

is entitled to charge the operator of the abattoir fees in accordance with

the following:" and substituting "The Minister may charge an operator of an

abattoir fees for inspection services, per work station, as follows:"

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

Alberta Regulation 211/99

Provincial Court Judges Act

Court of Queen's Bench Act

PAYMENT TO PROVINCIAL JUDGES AMENDMENT REGULATION

Filed: September 29, 1999

Made by the Lieutenant Governor in Council (O.C. 378/99) pursuant to

section 17 of the Provincial Court Judges Act and

section 14.2 of the Court

of Queen's Bench Act.

1 The Payment to Provincial Judges Regulation (AR 176/98) is amended by

this Regulation.

2 The title is struck out and the following is substituted:

PROVINCIAL COURT JUDGES AND MASTERS IN

CHAMBERS COMPENSATION REGULATION

3 The following is added before

section 1:

Definitions

0.1 In this Regulation,

(a) "judge" does not include a supernumerary judge;

(b) "master" means a master in chambers appointed under

the Court of Queen's Bench Act.

4 Sections 1 and 2 are repealed and the following is substituted:

Salaries for judges

1(1) For the period April 1, 1998 to March 31, 1999,

(

a) the salary to be paid to the Chief Judge is $157

000 per year,

(

b) the salary to be paid to an assistant chief judge

is $149 500 per year, and

(

c) the salary to be paid to other full-time judges is

$142 000 per year.

(2) Effective April 1, 1999,

(

a) the salary to be paid to the Chief Judge is $167

000 per year,

(

b) the salary to be paid to an assistant chief judge

is $159 500 per year, and

(

c) the salary to be paid to other full-time judges is

$152 000 per year.

Salaries and benefits for super-numeraries

2(1) For the period April 1, 1998 to March 31, 1999, the

remuneration to be paid to a supernumerary judge for holding a sitting or

otherwise acting as a supernumerary judge is,

(

a) for a full day, $634, and

(

b) for only « a day, $317.

(2) Effective April 1, 1999, the remuneration to be paid to a

supernumerary judge is for holding a sitting or otherwise acting as a

supernumerary judge is,

(

a) for a full day, $678, and

(

b) for only « a day, $339.

(3) In addition to the remuneration referred to in subsections

(1) and (2), a supernumerary judge is entitled to the remuneration and benefits

referred to in sections 3, 4 and

Section 7 is repealed.

Section 8 is repealed and the following is substituted:

Benefits

8(1) A judge is entitled to the benefits set out in

Schedule 1.

(2) A judge is entitled to receive benefits under the Long Term

Disability Income Continuance Plan as set out in

Schedule

Section 9 is repealed and the following is substituted:

Payment for prior pensionable judicial service

9(1) In this section,

(a) "judge" means a person who, immediately before

September 1, 1988, held office as a judge of the Provincial Court of

Alberta, other than as a supernumerary judge, and had accumulated prior

pensionable judicial service;

(b) "long service amount" means an amount equal to

$2000 for each completed year, and a prorated portion of $2000 for each

additional portion of a year, of a judge's or master's prior pensionable

judicial service;

(c) "master" means a person who, immediately before

September 1, 1988, held office as a master in chambers and had accumulated

prior pensionable judicial service;

(d) "Minister" means the Minister of Justice and

Attorney General;

(e) "pension plan" means the Provincial Judges and

Masters in Chambers Pension Plan Regulation (AR 265/88) or the pension plan

thereunder;

(f) "prior pensionable judicial service" means

pensionable service standing to a judge's or master's credit in the Public

Service Management Pension Plan in the form of service under that Plan as a

judge of the Provincial Court of Alberta or a master in chambers;

(g) "retire" means, in respect of a judge or master, a

judge or master who ceases to be a participant of the pension plan under

the circumstances referred to in

section 14(1), 16, 17(1), or (2) or 24 of

the pension plan;

(h) "spouse" has the meaning assigned to it by the

pension plan;

(i) "surviving spouse" means the surviving spouse of a

deceased judge or master who becomes entitled to receive a pension under

section 20(1) or (2) of the pension plan.

(2) The long service amount in respect of a judge or master shall be

paid in a lump sum payment to

(

a) the judge or master after the judge or master

retires,

(

b) the surviving spouse of the judge or master if the

judge or master dies before retiring, or

(

c) the judge's or master's estate if the judge or

master dies before retiring and leaves no surviving spouse.

(3) A judge or master may, before retiring, submit to the Minister a

request that the payment of the long service amount be made in annual

payments for a period specified by the judge or master of up to 10 years.

(4) When a judge or master makes a request under subsection (3) and

it is received by the Minister at least 30 days before the judge or master

retires, the long service amount in respect of the judge or master shall be

paid, notwithstanding subsection (2), in annual payments to the judge or

master after the judge or master retires and

(

a) if the judge or master dies before all of the

annual payments are made and the judge or master leaves a surviving spouse,

the remaining annual payments shall be paid to the surviving spouse and if

the surviving spouse dies before all of the remaining annual payments are

made, the remaining annual payments shall be paid in a lump sum to the

spouse's estate, and

(

b) if the judge or master dies before all of the

annual payments are made and the judge or master does not leave a surviving

spouse, the remaining annual payments shall be paid in a lump sum to the

judge's or master's estate.

(5) When a judge or master makes a request under subsection (3) and

it is received by the Minister at least 30 days before the judge or master

retires and the judge or master dies before retiring, the long service

amount in respect of the judge or master shall be paid, notwithstanding

subsection (2),

(

a) if the judge or master leaves a surviving spouse,

in annual payments to the surviving spouse and if the surviving spouse dies

before all of the annual payments are made, the remaining annual payments

shall be paid in a lump sum to the spouse's estate, and

(

b) if the judge or master does not leave a surviving

spouse, in a lump sum to the judge's or master's estate.

(6) When a judge or master dies before retiring without having made

a request under subsection (3) and leaves a surviving spouse, the spouse

may submit to the Minister a request that payment of the long service

amount be made in annual payments for a period specified by the spouse of

up to 10 years.

(7) When a surviving spouse makes a request under subsection (6) and

it is received by the Minister within 90 days of the judge's or master's

death, the long service amount in respect of the judge or master shall be

paid, notwithstanding subsection (2), in annual payments to the surviving

spouse and if the surviving spouse dies before all of the annual payments

are made, the remaining annual payments shall be paid in a lump sum to the

surviving spouse's estate.

(8) The amount of an annual payment under this

section in respect of

a judge or master is calculated by dividing the judge's or master's long

service amount by the number of years specified in the judge's or master's

request under subsection (3) or the surviving spouse's request under

subsection (6) and the number of years may not exceed 10.

Masters remuneration

9.1(1) A full-time master is to be paid the same salary as is paid

to a full-time judge under

section 1.

(2) A full-time master is entitled to the benefits provided to a

judge under

section 4 and to those benefits set out in

Schedule 1.

(3) A full-time master is entitled to receive benefits under the

Long Term Disability Income Continuance Plan as set out in

Schedule 2.

(4) A part-time master is entitled to the same remuneration as

provided to a supernumerary judge under

section 2.

8 The following Schedules are added after

section 10:

SCHEDULE 1

BENEFITS FOR JUDGES AND

FULL-TIME MASTERS

1 In this Schedule, "master" means a full-time master.

2 Judges and masters are entitled to participate in the group benefit

plans available to managers in the Public Service of the Province.

3(1) Judges and masters are entitled to vacation of 30 working days per

year.

(2) The scheduling of vacation is subject to the prior approval

(

a) of the Chief Judge, in the case of a judge, and

(

b) of the Chief Justice of the Court of Queen's Bench, in the case

of a master.

(3) If a judge's or master's appointment is terminated, the judge's or

master's actual vacation entitlement will be calculated on the basis of 2«

days vacation per completed month of service, and the judge or master must

at such termination reimburse the Province for any vacation taken in excess

of the judge's or master's actual entitlement.

(4) Any actual vacation entitlement not taken by a judge or master must,

at the termination of the appointment, be paid by the Province to the judge

or master.

4 Judges and masters are entitled to all statutory holidays normally

granted to employees in the Public Service of the Province.

5 The Province must pay « of the cost of the judge's and master's

participation in the Alberta Health Care Insurance Plan.

SCHEDULE 2

LONG TERM DISABILITY INCOME

CONTINUANCE PLAN

The Long Term Disability Income Continuance Plan is established as follows:

Definitions

1 In this Plan,

(a) "adjudicator" means the Judicial Council

established under

Part 6.1 of the Judicature Act;

(b) "benefit" means money provided to a participant

under the Plan;

(c) "disability" means a medical condition that causes

a participant to be unable to perform any combination of duties that, prior

to the commencement of illness or injury, regularly took at least 60% of

the participant's time at work to complete;

(d) "elimination period" means 80 consecutive normal

work days or the number of hours of work for a continuing illness

equivalent to 80 normal work days, starting the day a participant stops

work or partially stops work because of bodily injury or illness;

(e) "month" means a period of time between the same

dates in 2 successive calendar months;

(f) "monthly earnings" means the participant's current

regular monthly rate of pay;

(g) "participant" means a person to whom the Plan

applies under

section 2;

(h) "period of disability" means the period in which a

participant is entitled to receive benefits from the Plan beginning after

the last day of the elimination period;

(i) "Plan" means the Plan established in this Schedule;

(j) "Plan Administrator" means the Plan Administrator

under the Public Service Long Term Disability Income Continuance Plan;

(k) "pre-disability salary" means the monthly earnings

a participant is entitled to or subsequently becomes entitled to receive as

of the last day of the elimination period;

(l) "regular duties" means the regular duties or duties

similar to the regular duties that the participant was performing

immediately prior to the beginning of the elimination period;

(m) "work day" means any day on which a participant is

expected to be at work.

Application

2 This Plan applies to judges and masters so entitled under

section

8 and 9.1 of the Provincial Court Judges and Masters in Chambers

Compensation Regulation.

Coverage

3(1) A participant is covered under the Plan beginning the first day

after the participant completes 3 consecutive months of service without

absence because of illness or disability, except for casual illness.

(2) A participant's coverage under the Plan terminates on the

earliest of the following:

(

a) the date of the participant's 70th birthday;

(

b) the date the participant's appointment is

terminated, if the participant is not receiving benefits under the Plan at

that time;

(

c) the date the participant resigns from office.

Eligibility for benefits

4(1) When the adjudicator determines that a participant's bodily

injury or illness results in a disability, and the disability continues

during the entire elimination period, the participant is eligible for

benefits beginning immediately after the elimination period.

(2) If a participant returns to work during the elimination period

and then takes general illness leave for the same or a related illness

within 10 days of returning to work, the time that the participant was at

work is considered to be part of the elimination period.

(3) A participant is not eligible for benefits payable after the

elimination period for

(

a) a disability suffered as a result of participation

in the commission of crime,

(

b) a disability suffered as a result of

an act of war,

(

c) an intentionally self-inflicted injury or illness,

(

d) any period during which the participant is not

under the continuous care of a physician, or not following the treatment a

physician prescribes, or

(

e) a period of incarceration in a prison or similar

institution.

(4) Depending on the nature and severity of a participant's

condition, the adjudicator may require a participant to be under a

specialist's care.

(5) If substance abuse, including alcoholism and drug addiction,

contributes to a participant's disability, the participant's treatment

program must include participation in a recognized substance withdrawal

program.

(6) As soon as possible after a participant is injured or becomes

ill, the adjudicator is to determine whether the participant's condition is

a disability.

(7) If a participant, who returns to work after an absence caused by

a disability, is no longer receiving disability benefits, and is disabled

as a result of the same or a related condition within 6 months after the

date of return to work, the disability is considered continued and another

elimination period is not required to be served.

(8) Any authorized benefits may continue up to the maximum benefit

period described in

section 9 during any one period of disability, but the

benefits end when the adjudicator determines that the disability has

ceased.

Pre-existing condition

5(1) Benefits are not payable for any medically documented injury or

illness for which a participant received medical services, supplies, or any

medication prescribed by a physician during the 90 days immediately

preceding the effective date of appointment.

(2) Subsection (1) does not apply to a participant who has been

covered by the Plan for 2 consecutive years and is not absent from work

because of a pre-coverage injury or illness on the date the 2 years are

completed.

(3) If the participant has been covered by the Plan for 2

consecutive years but is absent from work because of a pre-coverage injury

or illness at the 2-year point, the participant is eligible for coverage

under the Plan on the date the participant returns to work.

Interim payment

6(1) If the adjudicator does not decide on a participant's

eligibility for benefits before the end of the elimination period, the

Chief Judge, in the case of a judge, or the Chief Justice of the Court of

Queen's Bench, in the case of a master, may order that the participant

continue to be paid at the rate of 70% of the participant's normal salary

for up to 2 months or until the date the decision is received, whichever

comes first.

(2) The participant is not entitled to receive an interim payment

and benefits under subsection (1).

(3) If the participant received an interim payment and is found

eligible for benefits,

(

a) that payment is to be treated as a prepayment by

the Province, on behalf of the Plan, of the benefits due for that period,

(

b) the Plan Administrator must not pay to the

participant further benefits for the period covered by the payments, and

(

c) the Plan Administrator must repay the amount of the

interim payment.

(4) If the participant received an interim payment and is found not

eligible for benefits, the participant must repay the payment.

Rehabilitation program

7(1) A rehabilitation program approved by the adjudicator may be

established by the Department of Justice and the Plan Administrator for a

specified time period not exceeding 24 months.

(2) The program may require that the participant perform the

participant's regular work on a part-time basis.

(3) At the end of the elimination period, if a participant suffers

from a disability that prevents the performance of regular duties, but the

participant is able to participate in a rehabilitation program, the

participant is eligible for benefits.

(4) If a participant is receiving less income under a rehabilitation

program than was being received prior to the disability, the monthly

benefit amount to which the participant is entitled is to be reduced by 50%

of the income received from that program.

(5) If the combination of reduced benefits and income equals an

amount that exceeds the participant's pre-disability salary, benefits will

be further reduced so that combined benefits and income do not exceed the

pre-disability salary.

(6) If a participant refuses or wilfully fails to participate and

co-operate in a rehabilitation program, the adjudicator may determine

whether the participant is eligible to receive or continue to receive

benefits.

Amount of benefit

8(1) The benefit amount for a participant is 70% of the

participant's pre-disability salary, which is effective on completion of

the elimination period.

(2) The monthly benefit amount to which a participant is entitled

will be reduced as follows:

(

a) by the amount of disability benefit entitlement,

excluding children's benefits and cost of living increases, under the

Canada Pension Plan and the Quebec Pension Plan;

(

b) by the amount of benefits payable from any other

group disability plan sponsored by the Province;

(

c) by any benefits for wage loss awarded under

section

12 of the Victims of Crime Act;

(

d) by vacation leave pay.

(3) A participant must apply for Canada Pension Plan or Quebec

Pension Plan disability benefits within 12 months of being placed on the

Plan and provide proof of application to the Plan Administrator.

(4) A participant who does not apply for benefits pursuant to

subsection (3) after reasonable notice to do so may have the maximum Canada

Pension Plan or Quebec Pension Plan disability benefit deducted pursuant to

subsection (2)(a).

(5) If any amount or benefit described in subsection (2) is received

in the form of a lump sum payment instead of monthly instalments, the

benefit under subsection (1) will be reduced by the equivalent commuted

monthly instalments.

Termination of benefits

9 The benefits payable under the Plan terminate on the earliest of

the following:

(

a) the date determined by the adjudicator when the

participant refuses or wilfully fails to participate and co-operate in a

rehabilitative program;

(

b) the date of the participant's 70th birthday;

(

c) the date the participant resigns from office;

(

d) the date the adjudicator determines the participant

is no longer disabled or the date the participant returns to the

participant's regular duties, whichever comes first.

Coverage during leave of absence

10(1) A participant is covered under the Plan for a period not

exceeding 12 consecutive months from the date the participant begins leave

if the participant is on authorized development leave initiated and

approved by the Chief Judge in the case of a judge and the Chief Justice in

the case of a master.

(2) Coverage under the Plan continues for a participant on a leave

of absence without pay, but benefits are not payable during the leave and,

if applicable, premiums are not paid.

Participation in group plans

11(1) If a participant is eligible for benefits, the participant

continues to be covered under the plans referred to in

Schedule 1 of the

Provincial Court Judges and Masters in Chambers Compensation Regulation.

(2) During the period that coverage continues, the Province and the

participant must continue to pay their respective share of premium costs

for each plan.

Adjudication Review

12(1) When the adjudicator has ruled that a participant is not

eligible for benefits or that benefits are to cease,

(

a) the Chief Judge, in the case of a judge, and the

Chief Justice of the Court of Queen's Bench, in the case of a master, may

request that the adjudicator review the claim, or

(

b) the participant may request that the adjudicator

review the claim and may, at the participant's expense, make representation

to the adjudicator with the participant's representatives only once.

(2) A participant must submit a request for a review within 21

calendar days of receiving notice of the adjudicator's ruling.

(3) Within 60 calendar days of receiving notice of the adjudicator's

ruling, the participant must submit any new or additional medical

information and other written material that the participant intends to be

part of the review.

(4) On receiving a request for a review, the adjudicator must review

the participant's case, taking into account the representation by the

participant or participant's representative and any new information, and

make a decision.

Section 4 of this Regulation is made in compliance with a decision of

the Court of Appeal, but the salaries and pay enacted by this Regulation

are subject to any subsequent Court decisions.

Schedule 2 of this Regulation as enacted in

section 8 is deemed to

have come into force on April 1, 1998.

Alberta Regulation 212/99

Government Organization Act

DESIGNATION AND TRANSFER OF RESPONSIBILITY

AMENDMENT REGULATION

Filed: September 29, 1999

Made by the Lieutenant Governor in Council (O.C. 379/99) pursuant to

sections 16, 17 and 18 of the Government Organization Act.

1 The Designation and Transfer of Responsibility Regulation (AR 127/99)

is amended by this Regulation.

Section 3 is amended by adding the following after subsection (10):

(11) The responsibility for the administration of the children's

services function of the Persons with Developmental Disabilities Program,

previously transferred to the Minister of Health and Wellness, is

transferred to the Minister of Children's Services.

(12) The responsibility for the administration of that part of the

public service directly employed in the administration of the function

described in subsection (11), previously transferred to the Minister of

Health and Wellness, is transferred to the Minister of Children's Services.

(13) The responsibility for the administration of $7 000 000 of

element 4.2.2 of Program 4 - Services to Persons with Developmental

Disabilities of the operating expense and capital investment supply vote of

the 1999-2000 Government appropriation for Family and Social Services,

previously transferred to the Minister of Health and Wellness, is

transferred to the Minister of Children's Services.

Section 8 is amended by adding the following after subsection (8):

(9) The responsibility for the administration of the consumer

services and registries information and distribution function of the

Ministry Support Services Program is transferred to the Minister of

Government Services.

(10) The responsibility for the administration of $5 377 000 of

element 1.0.3 of Program 1 - Ministry Support Services of the operating

expense and capital investment supply vote of the 1999-2000 Government

appropriation for Municipal Affairs is transferred to the Minister of

Government Services.

Section 9 is amended by adding the following after subsection (11):

(12) The responsibility for the administration of that part of the

public service consisting of the following positions, previously

transferred to the Minister of Children's Services, is transferred to the

Minister of Health and Wellness:

0001 9151

0001 9546

(13) The responsibility for the administration of $131 000 of

element 1.0.11 of Program 1 - Ministry Support Services of the operating

expense and capital investment supply vote of the 1999-2000 Government

appropriation for Family and Social Services, previously transferred to the

Minister of Children's Services, is transferred to the Minister of Health

and Wellness.

Section 10 is amended by adding the following after subsection (12):

(13) The responsibility for the administration of the provincial

agency contracts delivery function of the Services to Persons with

Developmental Disabilities Program, previously transferred to the Minister

of Health and Wellness, is transferred to the Minister of Human Resources

and Employment.

(14) The responsibility for the administration of $1 449 000 of

element 4.1.1 of Program 4 - Services to Persons with Developmental

Disabilities of the operating expense and capital investment supply vote of

the 1999-2000 Government appropriation for Family and Social Services,

previously transferred to the Minister of Health and Wellness, is

transferred to the Minister of Human Resources and Employment.

(15) The responsibility for the administration of the special needs

bursaries for skills development function of the Support for Adult Learners

Program, previously transferred to the Minister of Learning, is transferred

to the Minister of Human Resources and Employment.

(16) The responsibility for the administration of $1 100 000 of

element 3.2.3 of Program 3 - Support for Adult Learners of the operating

expense and capital investment supply vote of the 1999-2000 Government

appropriation for Advanced Education and Career Development, previously

transferred to the Minister of Learning, is transferred to the Minister of

Human Resources and Employment.

Section 12 is amended by adding the following after subsection (17):

(18) The responsibility for the administration of the information

technology function of the Inter-ministry Services Program, previously

transferred to the Ministry of Infrastructure, is transferred to the

Minister of Innovation and Science.

(19) The responsibility for the administration of that part of the

public service directly employed in the administration of the function

described in subsection (18), previously transferred to the Minister of

Infrastructure, is transferred to the Minister of Innovation and Science.

(20) The responsibility for the administration of $3 400 000 of

element 1.1.3 of Program 1 - Inter-ministry Services of the operating

expense and capital investment supply vote of the 1999-2000 Government

appropriation for Public Works, Supply and Services, previously transferred

to the Minister of Infrastructure, is transferred to the Minister of

Innovation and Science.

Section 14 is renumbered as

section 14(1) and the following is added

after subsection (1):

(2) The responsibility for the administration of that part of the

public service consisting of the following positions is transferred from

the Minister of Municipal Affairs to the Minister of Justice and Attorney

General:

0002 5871

0002 7527

(3) The responsibility for the administration of $67 000 of element

2.3.1 of Program 2 - Municipal Programs and of $67 000 of element 6.0.1 of

Program 6 - Municipal Government Board of the operating expense and capital

investment supply vote of the 1999-2000 Government appropriation for

Municipal Affairs is transferred to the Minister of Justice and Attorney

General.

(4) The responsibility for the administration of that part of the

public service consisting of position 0002 7620, previously transferred to

the Minister of Government Services, is transferred to the Minister of

Justice and Attorney General.

(5) The responsibility for the administration of $46 000 of element

5.0.2 of Program 5 - Registries Information and Distribution of the

operating expense and capital investment supply vote of the 1999-2000

Government appropriation for Municipal Affairs, previously transferred to

the Minister of Government Services, is transferred to the Minister of

Justice and Attorney General.

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

Alberta Regulation 213/99

Alberta Personal Property Bill of Rights

EXEMPTION AMENDMENT REGULATION

Filed: September 29, 1999

Made by the Lieutenant Governor in Council (O.C. 380/99) pursuant to

section 5 of the Alberta Personal Property Bill of Rights.

1 The Exemption Regulation (AR 125/99) is amended by this Regulation.

Section 3 is amended

(

a) in clause (

h) by adding "as defined in the regulations under

the Dairy Board Act" after "disposal of milk";

(

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

(j.1) the taking of samples of milk under

section 8, 17,

19 or 20 of the Dairy Industry Act;

(j.2) the seizure or detention of any dairy product or

thing under

section 11 of the Dairy Industry Act;

(j.3) the forfeiture of dairy products under

section 37

of the Dairy Industry Act;

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

Alberta Regulation 214/99

Alberta Heritage Scholarship Act

ALBERTA HERITAGE SCHOLARSHIP REGULATION

Filed: September 29, 1999

Made by the Lieutenant Governor in Council (O.C. 392/99) pursuant to

section 8 of the Alberta Heritage Scholarship Act.

Table of Contents

Definitions 1

Alexander Rutherford Scholarships 2

Rutherford Scholar Awards 3

United World College Scholarships 4

High School Citizenship Awards 5

Adult High School Equivalency Scholarships 6

Louise McKinney Post-Secondary Scholarships 7

Sir James Lougheed Awards of Distinction 8

Ralph Steinhauer Awards of Distinction 9

Province of Alberta Graduate Scholarships and Fellowships 10

Government of Alberta awards 11

Charles S. Noble Scholarships 12

Michael Luchkovich Scholarships 13

Alberta Foundation for the Arts Scholarships (non-academic,

career development) 14

Alberta Foundation for the Arts Scholarships (masters or

equivalent level study) 15

Time and manner of payment 16

Reconsideration of certain matters 17

Fees 18

Maximum aggregate amount 19

Repeal 20

Expiry 21

Coming into force 22

Definitions

1 In this Regulation,

(a) "Act" means the Alberta Heritage Scholarship Act;

(b) "educational institution" means

(

i) a university,

(ii) The Banff Centre for Continuing Education under the

Banff Centre Act,

(iii) a public or private college under the Colleges Act,

(iv) a school of nursing approved under the Nursing

Profession Act,

(

v) a private vocational school under the Private

Vocational Schools Act,

(vi) a technical institute under the Technical

Institutes Act, or

(vii) an educational institution anywhere that is

approved by the Minister for the purposes of this Regulation;

(c) "full-time study" means enrolment in not less than 60% of a

full-time program of study during a term or equivalent as approved by the

Minister;

(d) "graduate program" means a program of study that leads to a

masters or doctorate degree at an educational institution within or outside

Alberta;

(e) "part-time study" means enrolment in less than 60% of a

full-time program of study during a term or equivalent as approved by the

Minister;

(f) "professional program" means

(

i) a winter-session course at The Banff Centre for

Continuing Education, and

(ii) a program of study at an educational institution

within or outside Alberta in

(

A) medicine,

(

B) law,

(

C) dentistry,

(

D) optometry,

(

E) veterinary medicine,

(

F) chiropractic studies, or

(

G) any other program that exceeds a total

of 4 years of post-secondary education and is designated by the Minister as

a professional program;

(g) "resident" means

(

i) a person who has maintained permanent residence in

Alberta for a period of at least 12 consecutive months that

(

A) is immediately prior to the

commencement date of the program of study described in that person's

application for a scholarship or award under this Regulation, and

(

B) excludes any time spent by that person

enrolled in a program of study at a post-secondary educational institution,

(ii) a person whose parents or guardians

(

A) have maintained permanent residence in

Canada for at least 12 consecutive months immediately prior to the

commencement date of the program of study described in that person's

application for a scholarship or award under this Regulation, and

(

B) are resident in Alberta on the

commencement date of the program of study described in that person's

application for a scholarship or award under this Regulation,

(iii) a person or member of a class of persons declared

by the Minister to be a resident in Alberta;

(h) "short-term study" means full-time study in a program of 6

months or less which does not normally form part of a longer course of

study;

(i) "undergraduate program" means a post-secondary program of study

that is not

(

i) a graduate program,

(ii) a professional program,

(iii) a part-time program of study,

(iv) an apprenticeship program, or

(

v) an upgrading program;

(j) "university" means a university as defined in the Universities

Act;

(k) "year" means the period commencing on April 1 in one year and

ending on March 31 in the following year.

Alexander Rutherford Scholarships

2(1) The Minister may grant an Alexander Rutherford Scholarship for High

School Achievement to any applicant who

(

a) fulfils the residency requirement set out in subsection (4),

(

b) has completed a high school education after September 30, 1980,

as specified by the Minister, with marks that average at least 80% in not

less than 5 subjects, prescribed or accepted by the Minister, in grades 10

to 12 or any one or any combination of those grades satisfactory to the

Minister, and

(

c) has enrolled for full-time study in an undergraduate program at

an educational institution or is engaged in an apprenticeship program as

defined in the Apprenticeship and Industry Training Act.

(2) An Alexander Rutherford Scholarship shall not exceed $2500, and is

apportioned, with respect to grades 10 to 12, as follows:

(

a) not more than $400 for grade 10;

(

b) not more than $800 for grade 11;

(

c) not more than $1300 for grade 12.

(3) The Minister shall determine the actual amount of each Alexander

Rutherford Scholarship to be granted having regard to subsection (2) and

the actual marks achieved by the applicant during grades 10 to 12 or any

one or any combination of those grades satisfactory to the Minister.

(4) An applicant is not eligible to receive a scholarship under this

section with respect to any grade unless the applicant was a resident

throughout the whole of that grade.

Rutherford Scholar Awards

3(1) The Minister may grant a Rutherford Scholar Award to any student who

(

a) has qualified for an Alexander Rutherford Scholarship for High

School Achievement under

section 2,

(

b) achieves one of the top 10 averages in grade 12 in the same

group of applicants from which the selection for scholarships under

section

2 was made, based on diploma examination results in subjects specified by

the Minister, as attested to in an Alberta Education transcript, and

(

c) completes all grade 12 courses prior to enrolment in a

post-secondary educational institution.

(2) In calculating the average under subsection (1)(b), only the grade

earned for the first writing of an examination is used.

(3) The amount of an award under this

section is $1500.

United World College Scholarships

4(1) The Minister may grant a United World College Scholarship to any

applicant who

(

a) is a resident,

(

b) is completing grade 11,

(

c) intends to enrol at a United World College in a course of study

that does not exceed 2 years in duration, and

(

d) demonstrates superior academic achievement and involvement in

community and extra-curricular activities.

(2) The Minister may under subsection (1) grant up to 6 United World

College Scholarships each year.

(3) A United World College Scholarship is for a 2-year period and consists

each year of an amount of money not exceeding the direct cost to the

student of room, board, tuition, books and supplies at the United World

College attended by the student and one return trip between the student's

home and that College.

(4) To receive payment of the first and 2nd instalment of a United World

College Scholarship, the recipient must be and continue to be enrolled at a

United World College in a course of study that does not exceed 2 years in

duration.

High School Citizenship Awards

5(1) The Minister may grant a High School Citizenship Award to one grade

12 student at each high school in Alberta who

(

a) is eligible to graduate that year from high school, and

(

b) has displayed

(

i) outstanding academic ability,

(ii) leadership in extra-curricular, community or school

sponsored activities, and

(iii) a willingness to place the good of others above

personal ambitions.

(2) An award under this

section consists of a plaque and a letter of

commendation.

Adult High School Equivalency Scholarships

6(1) The Minister may grant an Adult High School Equivalency Scholarship

to any applicant who

(

a) is a resident,

(

b) has been out of high school for a minimum of 3 years prior to

commencing a high school equivalency program,

(

c) has completed a high school equivalency program after September

1, 1992 in which the applicant obtained an average of at least 80%,

(

d) is enrolled in a post-secondary program in Alberta or

elsewhere, and

(

e) is nominated by the head of the institution at which the

applicant completed the high school equivalency program.

(2) The amount of a scholarship under this

section is $500.

Louise McKinney Post-Secondary Scholarships

7(1) The Minister may grant a Louise McKinney Post-Secondary Scholarship

to any applicant who

(

a) is a resident,

(

b) has completed the first year or a subsequent year of full-time

study in an undergraduate program, or any year of a professional program,

at an educational institution in Alberta and has been recommended for a

Louise McKinney Post-Secondary Scholarship by an officer of that

educational institution on the basis of the applicant's academic

achievement during that year of study, and

(

c) has enrolled in full-time study in the 2nd year or a subsequent

year of an undergraduate program or in any year of a professional program

offered at an educational institution in Alberta or elsewhere.

(2) The Minister may grant a Louise McKinney Post-Secondary Scholarship to

any applicant who

(

a) is a resident,

(

b) has completed the first year or a subsequent year of full-time

study in an undergraduate program, or any year of a professional program,

at an educational institution outside Alberta because that program of study

is not offered in Alberta,

(

c) has achieved academic distinction in the first year or a

subsequent year of study by demonstrating a class standing that is in the

top 2% of enrolment in that program for that year, and

(

d) has enrolled in full-time study in the 2nd year or a subsequent

year of an undergraduate program or in any year of a professional program.

(3) The amount of a Louise McKinney Post-Secondary Scholarship is $2500.

(4) The Minister may grant more than one Louise McKinney Post-Secondary

Scholarship to the same individual but shall not grant more than one of

those scholarships per year to the same individual.

Sir James Lougheed Awards of Distinction

8(1) The Minister may grant a Sir James Lougheed Award of Distinction to

any applicant who

(

a) is a resident,

(

b) has achieved academic distinction satisfactory to the Minister

in an undergraduate program, graduate program or professional program, and

(

c) has enrolled in full-time study in a graduate program at an

educational institution outside Alberta.

(2) A Sir James Lougheed Award of Distinction consists of an amount of

money not exceeding

(a) $15 000, in the case of study in a masters program,

(b) $20 000, in the case of study in a doctorate program, or

(c) $15 000, in the case of study in a doctorate program where the

student has not previously completed one year of graduate studies.

(3) The Minister may grant 2 Sir James Lougheed Awards of Distinction to

the same individual but shall not grant more than one of those awards per

year to the same individual.

Ralph Steinhauer Awards of Distinction

9(1) The Minister may grant a Ralph Steinhauer Award of Distinction to any

applicant who

(

a) is a Canadian citizen or has been lawfully admitted to Canada

for permanent residence,

(

b) has achieved academic distinction satisfactory to the Minister

in an undergraduate program, graduate program or professional program, and

(

c) has enrolled in full-time study in a graduate program at a

university.

(2) The amount of a Ralph Steinhauer Award of Distinction is

(a) $15 000, in the case of study in a masters program,

(b) $20 000, in the case of study in a doctorate program, or

(c) $15 000, in the case of study in a doctorate program where the

student has not previously completed one year of graduate studies.

(3) The Minister may grant 2 Ralph Steinhauer Awards of Distinction to the

same individual but shall not grant more than one of those awards per year

to the same individual.

Province of Alberta Graduate Scholarships and Fellowships

10(1) The Minister may grant to eligible students

(

a) a Province of Alberta Graduate Scholarship in an amount not

exceeding $9300, and

(

b) a Province of Alberta Graduate Fellowship in an amount not

exceeding $10 500.

(2) To be eligible for a scholarship or fellowship under this section, a

student must

(

a) be enrolled at a university as a full-time student in a

graduate program,

(

b) be recommended by the president of that university or the

president's designate on the basis of academic achievement in the year

preceding the grant, and

(

c) be a Canadian citizen or have been lawfully admitted to Canada

for permanent residence.

(3) The Minister shall, for each year and for each university, grant under

this

section not less than

(

a) one scholarship for every 40 students enrolled as referred to

in subsection (2)(

a) and in a program other than one leading to a doctor of

philosophy or a doctor of education degree, and

(

b) one fellowship for every 40 students enrolled as referred to in

subsection (2)(

a) and in a program leading to a doctor of philosophy or a

doctor of education degree.

(4) A scholarship or fellowship under this

section is payable to a student

in equal monthly amounts over the period for which the scholarship or

fellowship is granted.

(5) If a student terminates studies before completing the term for which

the scholarship or fellowship was granted, the student is not entitled to

receive any further money under the scholarship or fellowship after the

termination.

(6) A university may administer the disbursement of money granted under

this

section on any terms the Minister approves.

Government of Alberta awards

11(1) The Minister may grant a Government of Alberta award to any student

who is pursuing post-secondary studies in Alberta or elsewhere.

(2) An award under this

section may include any one or more or all of the

following amounts of money:

(

a) a living allowance of not more than $8000;

(

b) a research allowance of not more than $1000 to be paid only

once during the course of the student's program;

(

c) the direct cost to the student of any or all of the following:

(

i) tuition;

(ii) books and supplies;

(iii) a return airfare or the equivalent between the

student's home and the educational institution to be paid only once during

the course of the student's program;

(iv) Alberta Health Care Insurance and Blue Cross

premiums.

(3) If a student receives an award under this section, the money payable

to the student must be paid all at one time or in instalments over a period

of time not exceeding 12 months.

(4) The Minister may grant more than one award under this

section to the

same individual but shall not grant more than one award per year to the

same individual.

Charles S. Noble Scholarships

12(1) The Minister may grant a Charles S. Noble Scholarship to any

individual who meets the criteria of a scholarship program approved under

this section.

(2) Any member of the public may submit for the Minister's consideration a

proposed scholarship program for achievement in a particular field of

endeavour.

(3) The Minister may approve a proposed scholarship program and may do so

with or without changes.

(4) A Charles S. Noble Scholarship consists of an award of not less than

$300 and not more than $5000, or an award other than money that the

Minister considers appropriate, or both.

Michael Luchkovich Scholarships

13(1) The Minister may grant a Michael Luchkovich Scholarship to any

applicant who

(

a) is a resident,

(

b) has been employed or self-employed in Alberta in a field of

employment satisfactory to the Minister for a period of not less than 3

years before the date of commencement of the program referred to in clause

(d),

(

c) provides evidence satisfactory to the Minister of success in

that employment and in undertaking academic or practical training, and

(

d) has enrolled in a program of short-term study or part-time

study related to that employment that is satisfactory to the Minister.

(2) The Minister shall determine the amount of a scholarship under this

section and may establish a committee under

section 4 of the Act to make

recommendations.

Alberta Foundation for the Arts Scholarships (non- academic, career

development)

14(1) The Minister may grant an Alberta Foundation for the Arts

Scholarship for non-academic study or career development in the arts to any

applicant who

(

a) is a resident, and

(

b) is applying for assistance

(

i) to attend a short-term course in the applicant's

field, or

(ii) to study or work with a master in the applicant's

field or with an established company or organization in an internship or

apprenticeship program.

(2) The Minister shall determine the amount of a scholarship under this

section and may establish a committee under

section 4 of the Act to make

recommendations.

(3) The Minister and the Alberta Foundation for the Arts shall share the

costs of scholarships granted under this section.

Alberta Foundation for the Arts

Scholarships (masters or equivalent level study)

15(1) The Minister may grant an Alberta Foundation for the Arts

Scholarship for masters or equivalent level study to any applicant who

(

a) is a resident, and

(

b) is enrolled as a full-time student in a masters or equivalent

level program of study in music, drama, dance, literary arts or visual

arts.

(2) The Minister may under subsection (1) grant up to 5 scholarships each

year.

(3) The amount of a scholarship under this

section is $10 000.

(4) The Minister and the Alberta Foundation for the Arts shall share the

costs of scholarships granted under this section.

(5) The Minister may grant a scholarship under this

section to the same

student in 2 successive years.

Time and manner of payment

16 Except as otherwise provided in this Regulation, the Minister may pay

the amount of any scholarship, fellowship or award granted under this

Regulation at the times and in the manner the Minister considers

appropriate.

Reconsidera-tion of certain matters

17(1) Where the Minister makes a decision concerning a scholarship,

fellowship or award under this Regulation in regard to which no committee

has been established under

section 4 of the Act, a student or applicant who

is affected by that decision may request that the Minister establish a

committee under

section 4 of the Act and reconsider the decision.

(2) Where the Minister agrees to establish a committee and reconsider a

decision, the committee is responsible for hearing the submission of the

student or applicant and making recommendations to the Minister.

(3) The Minister may, after considering the recommendations of the

committee, make any decision respecting a reconsideration under subsection

(1) that the Minister considers appropriate.

Fees

18 For the purpose of covering the costs incurred by the Government in

administering scholarships established through assets received under

section 2(2)(b), (

c) and (

d) of the Act, the Minister may charge such fees

as the Minister considers reasonable with regard to the receipt of those

assets.

Maximum aggregate amount

19 The total amount of money paid as Alberta Heritage Scholarships in one

year, excluding money paid as scholarships established through gifts or

money referred to in

section 2(2)(b), (

c) and (

d) of the Act, shall not

exceed $20 000 000.

Repeal

20 The Alberta Heritage Scholarship Regulation (AR 293/81) is repealed.

Expiry

21 For the purpose of ensuring that this Regulation is reviewed for

ongoing relevancy and necessity, with the option that it may be repassed in

its present or an amended form following a review, this Regulation expires

on September 30, 2004.

Coming into force

22 This Regulation comes into force on October 1, 1999.

Alberta Regulation 215/99

Students Finance Act

Student Loan Act

STUDENT FINANCIAL ASSISTANCE REGULATION

Filed: September 29, 1999

Made by the Lieutenant Governor in Council (O.C. 396/99) pursuant to

section 11 of the Students Finance Act and

section 11 of the Student Loan

Act.

Table of Contents

Definitions for Regulation 1

Resident in Alberta 2

Part 1

Student Finance

Definitions for

Part 1 3

Requirements for Receiving Assistance

Availability of money 4

Requirements for students 5

Requirements for programs of study 6

Assistance to private vocational school students 7

Purposes of assistance 8

Instalments 9

Assistance subject to conditions 10

Appeals 11

Loans

Loan limits 12

Remission of principal 13

Method of paying remission 14

Minister's authority to write off loan 15

Grants and Bursaries

Grants to part-time students 16

Northern Alberta Development Bursaries 17

Maintenance Grant 18

Grant for disabled persons 19

Alberta Motion Picture Industry Training Grant 20

Other Assistance

General scholarships, fellowships and awards 21

Audits

Provision of information and reassessment 22

Part 2

Student Loans

Definitions for

Part 2 23

Income Sensitive Loans

Certificates 24

Previous loans 25

General consolidation of loans agreement 26

Guaranteed Loans

Guaranteed loan certificates 27

Requirements relating to interest free period 28

Payment of interest during interest free period 29

Notification to credit institution 30

Guaranteed loan becoming due 31

Monthly payments 32

Maximum rate of interest 33

Limit on Government's liability 34

Interest relief 35

Agreements with credit institutions 36

General Matters

Interest rate if consolidation agreement not entered into 37

Part 3

Transitional Provisions, Consequential Amendments,

Repeals, Expiry and Coming into Force

Transitional 38

Consequential amendments 39

Repeals 40

Expiry 41

Coming into force 42

Schedule

Definitions for Regulation

1 In this Regulation,

(a) "common law spouse" means, with reference to a student, a man

or woman who although not legally married to the student cohabits with the

student and has, in the opinion of the Minister, established a permanent

relationship with the student;

(b) "dependent student" means a student who is not an independent

student;

(c) "full-time student" means a student who is enrolled in one or

more educational institutions in a post-secondary program and who is taking

not less than 60% of a full-time program of study in a semester;

(d) "independent student" means a student who

(

i) is married,

(ii) is living with a common law spouse,

(iii) is widowed,

(iv) is divorced,

(

v) is a single parent,

(vi) has been employed or actively looking for

employment, or both, for 2 periods of at least 12 consecutive months each,

(vii) has been employed or in full-time attendance at a

post-secondary educational institution or any combination of employment or

full-time attendance for a period totalling 4 years, or

(viii) is declared to be an independent student by

the Minister;

(e) "loan year" means the period from August 1 to the next

following July 31;

(f) "Minister" means the Minister determined under

section 16 of

the Government Organization Act as the Minister responsible for the Student

Loan Act and the Students Finance Act.

Resident in Alberta

2(1) For the purpose of this Regulation and

section 2 of the Student Loan

Act, a person is resident in Alberta in respect of a program of study if

the person

(

a) is a dependent student whose parents have maintained permanent

residence in Canada for 12 consecutive months immediately before, and are

maintaining permanent residence in Alberta on, the date on which the

program of study begins,

(

b) is an independent student who, during the 12 consecutive months

immediately before the date on which the program of study begins,

(

i) has maintained permanent residence in Alberta, and

(ii) has not attended a post-secondary institution,

(

c) is a Convention refugee as defined in the Immigration Act

(Canada) who is living in Alberta on the date on which the program of study

begins, or

(

d) is a person declared to be resident in Alberta by the Minister

or falls within a class of persons declared to be resident in Alberta by

the Minister.

(2) A student who is resident in Alberta under subsection (1)(

a) or (

b) in

respect of a program of study continues to be resident in Alberta during

each consecutive year that the student is enrolled in that or a different

program of study.

PART 1

STUDENT FINANCE

Definitions for

Part 1

3 In this Part,

(a) "academic year" means a period of not more than 40 weeks and

not less than 18 weeks unless the Minister determines that some other

period is appropriate;

(b) "accelerated program" means a program of study or part of a

program of study that, in the opinion of the Minister, is offered in a

significantly shortened period and that leads to a recognized credential;

(c) "Act" means the Students Finance Act;

(d) "assistance" means student financial assistance as defined in

the Act;

(e) "loan" means a loan made pursuant to the Students Finance Act,

Student Loan Act, Canada Student Loans Act (Canada) or the Canada Student

Financial Assistance Act (Canada);

(f) "part-time student" means a student who is enrolled in less

than 60% of a full-time program of study at one or more post-secondary

educational institutions in a semester approved by the Minister;

(g) "professional program" means a program of study normally

requiring previous post-secondary studies and includes the following

programs:

(

i) chiropractic;

(ii) dentistry;

(iii) graduate studies;

(iv) law;

(

v) medicine;

(vi) optometry;

(vii) pharmacy;

(viii) veterinary medicine;

(ix) any other program designated as a professional

program by the Minister;

(h) "risk premium" means a risk premium paid by the Government to a

credit institution in respect of a student loan that is made pursuant to an

agreement between the Minister and the credit institution under

section 8

of the Student Loan Act;

(i) "semester" means a period of not more than 17 weeks unless the

Minister determines that some other period is appropriate;

(j) "student" includes a person or class of person designated under

section 9(2) of the Act;

(k) "undergraduate student" means a student enrolled in

(

i) a post-secondary program of study leading to a

diploma, certificate, bachelor's degree or applied degree, excluding a

student enrolled in a professional program leading to a bachelor's degree,

(ii) a program that is authorized to be provided under a

licence issued under the Private Vocational Schools Act, or

(iii) a program that is authorized to be provided under a

licence that, in the opinion of the Minister, is equivalent to a licence

issued under the Private Vocational Schools Act.

Requirements for Receiving Assistance

Availability of money

4 The Minister may award assistance to a student in accordance with this

Part if money is available for the assistance.

Requirements for students

5(1) Unless otherwise provided for in this Part, a student must meet the

following requirements to qualify for assistance:

(

a) complete an application for assistance provided by the

Minister;

(

b) be resident in Alberta;

(

c) establish to the satisfaction of the Minister that the student

(

i) is enrolled in a program of study that meets the

requirements of this Regulation at an educational institution referred to

section 9(1) of the Act,

(ii) is a person designated under

section 9(2) of the

Act, or

(iii) is enrolled in a program of study designated under

section 9(3) of the Act;

(

d) establish to the satisfaction of the Minister that the student

is in financial need, taking into account the financial resources available

to the student;

(

e) have an academic history that is acceptable to the Minister.

(2) The Minister may refuse to award assistance to a student who

(

a) furnishes the Minister or the Government of Alberta or Canada

with any false or misleading information that, in the opinion of the

Minister, materially affects the student's eligibility to receive

assistance from the Minister, or

(

b) is in default in repaying a loan.

Requirements for programs of study

6(1) The Minister may award assistance to full-time students enrolled in

programs of study only if the programs of study meet the following

requirements:

(

a) in the case of a program of study for which loans are provided,

the student loan default rate with respect to the program of study is at a

level acceptable to the Minister;

(

b) the program of study is, in the opinion of the Minister,

appropriately accredited or a significant portion of the program is, in the

opinion of the Minister, accepted for credit toward credentials conferred

by one of the educational institutions referred to in

section 9(1)(

a) to

(

c) of the Act;

(

c) if the Minister considers the employment of graduates of the

program to be relevant, the potential for employment for graduates of the

program is acceptable to the Minister.

(2) This

section does not apply to financial assistance awarded under

section 21.

Assistance to private vocational school students

7 The Minister may refuse to award assistance to students enrolled in a

program of study that is authorized to be provided under a licence issued

under the Private Vocational Schools Act or a licence that, in the opinion

of the Minister, is equivalent to a licence issued under the Private

Vocational Schools Act, if the licensee has not entered into an agreement

with the Minister providing for

(

a) tuition fee refunds,

(

b) notification of withdrawals,

(

c) the withdrawal or reduction of assistance if, in the opinion of

the Minister, the persons who are or were enrolled in the program of study

have an unacceptable student loan default rate,

(

d) the withdrawal or reduction of assistance if, in the opinion of

the Director of Private Vocational Schools, the program of study has an

unacceptable student retention rate or graduates of the program of study

have an unacceptable employment placement rate, and

(

e) any other provision that, in the opinion of the Minister, is

required for the proper administration of the program.

Purposes of assistance

8(1) Subject to subsection (2), assistance is awarded to enable students

who are enrolled in a program of study at an educational institution to pay

some or all of the following costs:

(

a) tuition and other fees that the educational institution

requires the student to pay;

(

b) books, materials and supplies used in the program of study;

(

c) the student's living and other expenses approved by the

Minister.

(2) The Minister may specify a program of study for which the maximum

amount of assistance, excluding assistance awarded under

section 21, that

may be awarded to a student enrolled in the program is the total of

(

a) the tuition and other fees that the educational institution

requires the student to pay, and

(

b) the cost of books, materials and supplies used in the program

of study.

Instalments

9 The Minister may pay assistance to a student in instalments.

Assistance subject to conditions

10(1) Assistance, other than assistance awarded under

section 21, that is

awarded to a student enrolled in a program of study at an educational

institution is subject to the following conditions:

(

a) the student must pay the tuition and other fees that the

educational institution requires the student to pay within the time period

specified by the institution;

(

b) if, in the opinion of the Minister, the assistance is not being

used for the purposes for which it was given, the student must repay the

part of the assistance that has not been used for those purposes to the

Provincial Treasurer or, if a credit institution provided the assistance,

to the credit institution;

(

c) in the event that the educational institution at which the

student is enrolled refunds to the student the whole or part of the

student's tuition or other fees that the institution required the student

to pay, the student must pay the refund to the Provincial Treasurer or, if

a credit institution provided the assistance, to the credit institution;

(

d) the student must advise the Minister of any change in the

student's financial position or circumstances.

(2) If the Minister is satisfied that a student has furnished any false or

misleading information referred to in

section 5(2)(a), the Minister may

require the student to repay all or part of the assistance to the

Provincial Treasurer or, if a credit institution provided the assistance,

to the credit institution.

(3) Any funds repayable by a student under subsection (1) or (2) must be

repaid immediately unless the Minister otherwise directs.

Appeals

11(1) If a student applies for assistance and the application is refused

on any of the following grounds, the student may appeal the decision to the

Minister:

(

a) the application is refused under

section 5(2)(a);

(

b) the student is not resident in Alberta;

(

c) the student is not an independent student;

(

d) the application is refused under

section 17(2).

(2) On hearing an appeal under subsection (1), the Minister may make any

decision that the Minister considers appropriate.

(3) If a student applies for assistance and

(

a) the application is refused and subsection (1) does not apply,

(

b) the assistance awarded is less than the amount applied for,

the student may appeal the decision to a committee appointed by the

Minister.

(4) The committee is responsible for hearing the appeal and making

recommendations to the Minister.

(5) The committee may not recommend that a student receive assistance for

living or other expenses in respect of programs of study specified under

section 8(2).

(6) The Minister may, after considering the recommendations of the

committee, make any decision respecting the appeal under subsection

(3) that the Minister considers appropriate.

Loans

Loan limits

12(1) Despite anything in this Part, a full-time student who has received

the maximum amount of financial assistance available pursuant to the Canada

Student Loans Act (Canada) or the Canada Student Financial Assistance Act

(Canada) in a loan year may receive a loan in that loan year pursuant to

the Student Loan Act if that loan, when combined with the total amount of

the student's loans under any program of student financial assistance, does

not exceed an amount specified in the

Schedule for that loan year.

(2) A student is not eligible for a loan pursuant to the Student Loan Act

if that loan would increase the total of the student's loans under any

program of student financial assistance to an amount that exceeds

(a) $40 000 at any one time in the case of an undergraduate

student, or

(b) $60 000 at any one time in the case of a student enrolled in a

professional program that has been approved by the Minister for the

purposes of this subsection.

(3) The Minister may increase the amounts referred to in subsection

(2) in respect of a student if the Minister considers that it is appropriate to

do so in view of the student's circumstances.

Remission of principal

13(1) The Minister may, after receiving an application from a borrower

under a loan, repay as a remission a portion of the principal of the loan.

(2) No payment may be made under this

section unless

(

a) the borrower's application is received by the Minister within

the time period, if any, that the Minister establishes for making the

application,

(

b) the borrower supplies the information required by the Minister,

and

(

c) the borrower is no longer a full-time student.

(3) Section 5(1) does not apply to a payment under this section.

(4) The Minister must not make a payment under this

section in respect of

loans that were made before July 1, 1971.

(5) If a loan is

(

a) made under the Student Loan Act on or after July 1, 1971 but

before July 1, 1975, the Minister may pay not more than 25% of the original

principal of the loan;

(

b) made under the Canada Student Loans Act (Canada) on or after

July 1, 1973 but before July 1, 1975, the Minister may pay not more than

25% of the original principal of the loan;

(

c) made under the Student Loan Act or the Canada Student Loans Act

(Canada), or both, on or after July 1, 1975 but before May 1, 1990, the

Minister may pay not more than 50% of the original principal of the loan;

(

d) made under the Student Loan Act on or after May 1, 1990, the

Minister may pay a portion of the original principal of the loan when the

total of the original amounts of principal for loans obtained by the

borrower under the Student Loan Act, the Canada Student Loans Act (Canada)

and the Canada Student Financial Assistance Act (Canada) exceeds the debt

level that is established by the Minister for the year in which the student

ceased to be a full-time student.

(6) If the Minister is satisfied that a borrower has received more in

assistance than the borrower was eligible to receive, the Minister may

deduct the amount of the overpayment from a payment under this

section in

respect of the borrower.

Method of paying remission

14(1) Subject to this section, a payment of a remission under

section 13

by the Minister in respect of a loan must be made to the credit institution

holding the loan.

(2) The Minister may pay a remission in one payment or in a series of

payments over a period of 5 years or any shorter period that the Minister

may determine.

(3) If

(

a) the Minister is, under

section 13, repaying or intending to

repay a portion of the principal of a loan incurred by a borrower, and

(

b) the borrower repays the loan before the Minister makes or

completes the payments,

the Minister must pay directly to the borrower the payments that the

Minister had intended to pay to the credit institution.

(4) If a borrower has not repaid loans under the Student Loan Act, the

Canada Student Loans Act (Canada) or the Canada Student Financial

Assistance Act (Canada) in accordance with those Acts, the Minister may

make payments of remission in respect of the borrower directly to the

(5) If a borrower has defaulted in paying money under, or otherwise acted

in breach of the terms of, a program administered by the Minister, the

Minister may apply money to be paid under

section 13 against the money

owing by the borrower under the program.

Minister's authority to write off loan

15 The Minister may, with the approval of the Treasury Board, write off

all or part of an outstanding loan awarded under the Students Finance Act

or the Student Loan Act if

(

a) the person to whom the loan was made is deceased,

(

b) the person to whom the loan was made becomes physically or

mentally incapacitated, precluding any possible repayment, or

(

c) in the opinion of the Minister, circumstances indicate that the

outstanding loan is not collectible.

Grants and Bursaries

Grants to part-time students

16(1) The Minister may award grants to part-time students who are enrolled

in courses that are a part of a program of study that is approved by the

Minister or are enrolled in a community adult learning course that is

approved by the Minister.

(2) The maximum amount of a grant that may be awarded to a part-time

student under this

section in a semester approved by the Minister is $300.

(3) The funds awarded under this

section may be used only to pay for the

cost of

(

a) tuition fees for the course,

(

b) books, materials and supplies used in the course,

(

c) transportation of the student to allow attendance at the

course, or

(

d) child care for the student's children while the student attends

the course.

Northern Alberta Development Bursaries

17(1) The Minister may award assistance to students in the form of

Northern Alberta Development Bursaries.

(2) To be eligible to receive a Bursary, a student

(

a) does not have to be resident in Alberta within the meaning of

section 2, but a student must have maintained permanent residence in

Alberta for a period of not less than 3 years immediately before the time

that the student enrolled in a program of study approved by the Minister,

and

(

b) subject to subsection (4), must enter into an agreement with

the Minister under subsection (3).

(3) As a condition of receiving a Bursary, a student must enter into an

agreement with the Minister providing for the following:

(

a) that the student will, on completion or termination of the

program of study, work or provide services within the boundaries of the

Northern Alberta Development Council;

(

b) the length of time the student will work or provide services

within those boundaries;

(

c) the repayment of all or part of the Bursary if the student does

not comply with the terms of the agreement;

Minister.

(4) The Minister may waive the requirement to enter into an agreement

under subsection (3) if

(

a) a student is enrolled in a training session, program or course

of study offered within the boundaries of the Northern Alberta Development

Council and the session, program or course of study runs for less than « of

the academic year, and

(

b) in the opinion of the Minister, there are special

circumstances.

(5) Subject to subsection (6), the maximum amount of a Bursary that may be

awarded to a student in an academic year is

(a) $3500 to a single student and $6000 to a married student, and

(

b) if, in the opinion of the Minister, recruiting students to a

program of study is very difficult or if recruiting graduates of a program

of study to work within the boundaries of the Northern Alberta Development

Council is very difficult, $7000 to a single student and $12 000 to a

married student.

(6) If a student is not required to enter into an agreement under

subsection (3), the maximum amount of a Bursary that may be awarded to a

student in an academic year is $1500.

Maintenance Grant

18(1) The Minister may award assistance in the form of a Maintenance Grant

to a full-time student who

(

a) has a physical or mental disability, or

(

b) is socially disadvantaged and who, in the opinion of the

Minister, requires special assistance.

(2) The maximum amount of a Maintenance Grant is

(a) $6000 in an academic year or $3000 in a semester, or

(

b) in the case of a student enrolled in an accelerated program,

$9000 in an academic year or $4500 in a semester.

(3) A full-time student is not eligible for a Maintenance Grant unless the

student has obtained a loan in an amount of $1000 or more in the loan year

in which the academic year or semester referred to in subsection (2)

begins.

Grant for disabled persons

19(1) The Minister may award assistance in the form of a grant in an

amount not exceeding $1000 per semester to a full-time student who has a

physical or mental disability and who, in the opinion of the Minister,

requires special assistance.

(2) A full-time student may receive a grant under this

section and under

section 18.

Alberta Motion Picture Industry Training Grant

20(1) The Minister may award assistance in the form of an Alberta Motion

Picture Industry Training Grant to a student enrolled in a short course or

seminar related to the film industry approved by the Minister.

(2) To be eligible to receive assistance under this section, a student

must have, in the opinion of the Minister, the potential to benefit the

film industry in Alberta.

(3) The maximum amount of an Alberta Motion Picture Industry Training

Grant is $5000 per short course or seminar.

Other Assistance

General scholarships, fellowships and awards

21(1) The Minister may award assistance to students in the form of

scholarships, fellowships, prizes, grants or bursaries or any combination

of them.

(2) Section 5(1) does not apply to assistance awarded under this section.

(3) The maximum amount of assistance that may be provided to a student

under this

section is $8000 per academic year plus

(

a) tuition and other fees that the educational institution

requires the student to pay,

(

b) the cost of books, materials and supplies used in the program

of study,

(

c) the cost of one round trip between the student's home and the

educational institution, and

(

d) Alberta Health Care Insurance and Blue Cross premiums.

(4) If assistance under this

section is paid in instalments, the

instalments must be paid over the period of time, not to exceed 12 months,

for which the assistance was awarded.

(5) It is a condition of a student receiving assistance under this

section

that the maximum research stipend that the student may receive during the

course of the student's program of study is $1000 per academic year.

Audits

Provision of information and reassessment

22(1) In this section, "student" includes a former student who has

received assistance.

(2) The Minister may request a student to provide information or

documentation to verify any statement made in the student's application for

assistance.

(3) The Minister may refuse to provide assistance to a student who refuses

to comply with a request of the Minister under subsection (2) and may

require the student to immediately repay, in whole or in part, any

assistance awarded to or in favour of the student and any interest or risk

premiums paid by the Provincial Treasurer in respect of a loan.

(4) The Minister may reassess the amount of assistance to which a student

is eligible to receive based on the information and documentation provided

under subsection (2) and may require the student to immediately repay, in

whole or in part, any assistance awarded to or in favour of the student and

any interest or risk premiums provided or paid by the Provincial Treasurer

in respect of a loan.

PART 2

STUDENT LOANS

Definitions for

Part 2

23 In this Part,

(a) "Act" means the Student Loan Act;

(b) "borrower" means a person, whether a student or not, who is a

debtor under a guaranteed loan or income sensitive loan;

(c) "certificate" means a certificate of eligibility for a loan

under the Act or any other means established under

section 3 of the Act to

authorize a loan under the Act;

(d) "consolidation of guaranteed loans agreement" means an

agreement between a borrower and a non-participating credit institution

(

i) prescribing terms of repayment of principal and

interest for all of the borrower's guaranteed loans with non-participating

credit institutions, and

(ii) consolidating those guaranteed loans if there is

more than one;

(e) "consolidation of loans agreement" means a consolidation of

guaranteed loans agreement or a general consolidation of loans agreement;

(f) "general consolidation of loans agreement" means an agreement

between a borrower and a participating credit institution

(

i) prescribing terms of repayment of principal and

interest for all of the borrower's guaranteed and income sensitive loans,

and

(ii) consolidating those loans if there is more than

one;

(g) "guaranteed loan" means a loan by a credit institution to a

student that is guaranteed by the Government in accordance with the Act,

but does not include an income sensitive loan;

(h) "income sensitive loan" means a loan by a participating credit

institution to a student that is given pursuant to an agreement between the

Minister and the participating credit institution under

section 8 of the

Act;

(i) "interest free period" means the period that runs from the time

a borrower is a full-time student at an educational institution approved by

the Minister to the last day of the 6th month after the borrower ceases to

be a full-time student;

(j) "non-participating credit institution" means a credit

institution that has not entered into an agreement with the Minister under

section 8 of the Act;

(k) "participating credit institution" means a credit institution

that has entered into an agreement with the Minister under

section 8 of the

Act;

(l) "quarterly" means January 31, April 30, July 31 and October 31,

and "quarter day" means one of them.

Income Sensitive Loans

Certificates

24(1) A certificate authorizing an income sensitive loan may be issued to

a student who meets the requirements of

section 5.

(2) A certificate may not be issued to a student for an amount that would

cause the student to exceed the maximum loan limits under

section 12.

(3) A student may apply for a certificate even though the student has

received or simultaneously applies for financial assistance under any

federal or other provincial plan providing for financial assistance to

students.

the Minister and that are referred to on the certificate.

Previous loans

25 A student who applies to a participating credit institution for an

income sensitive loan must

(

a) declare to the credit institution all guaranteed and income

sensitive loans that have been granted to the student by that or any other

credit institution, and

(

b) agree to the transfer of all guaranteed and income sensitive

loans made to that student to one participating credit institution that

will administer the loans.

General consolidation of loans agreement

26(1) A student who is to receive an income sensitive loan from a

participating credit institution must enter into a general consolidation of

loans agreement with the credit institution before the credit institution

may release any funds under the loan.

(2) The general consolidation of loans agreement must apply to all

previous guaranteed and income sensitive loans received by the student, as

well as the new income sensitive loan.

Guaranteed Loans

Guaranteed loan certificates

27(1) No certificate may be issued that authorizes a guaranteed loan.

(2) Subsection (1) does not affect guaranteed loans that were made before

September 1, 1994.

Requirements relating to interest free period

28(1) If a borrower under a guaranteed loan meets the requirements of this

section, the borrower is not liable to pay principal or interest on the

loan during the borrower's interest free period and the Provincial

Treasurer is liable to pay the interest in accordance with

section 29

during the borrower's interest free period.

(2) If a borrower has not ceased being a full-time student in a program of

study approved by the Minister since obtaining the guaranteed loan, the

borrower must

(

a) if the credit institution that holds the loan is a

non-participating credit institution, transfer the loan to a participating

credit institution, and

(

b) provide to the participating credit institution that holds the

loan proof, satisfactory to the Minister, of enrolment as a full-time

student in the program of study and the proof must be provided to the

credit institution for each academic year of the program of study before

the end of each academic year.

(3) If a borrower ceased being a full-time student, entered into a

consolidation of loans agreement with the credit institution that holds the

guaranteed loan and then becomes a full-time student in a program of study

approved by the Minister, the borrower must

(

a) if the credit institution that holds the loan is a

non-participating credit institution, transfer the loan to a participating

credit institution,

(

b) provide to the participating credit institution that holds the

loan proof, satisfactory to the Minister, of enrolment as a full-time

student in the program of study and the proof must be provided to the

credit institution for each academic year of the program of study before

the end of each academic year, and

(

c) make arrangements respecting any outstanding interest payments

under the loan that are satisfactory to the credit institution that holds

the loan.

Payment of interest during interest free period

29(1) If a borrower under a guaranteed loan has met the requirements of

section 28, the interest during the borrower's interest free period is

payable by the Provincial Treasurer to the credit institution that holds

the guaranteed loan at the rate per annum equal to the total of 1% and the

base rate determined under subsection (2) in effect on the date on which

the guaranteed loan was made to the student.

(2) The base rate in effect on any date is the base rate as fixed by the

Student Loans, for the loan year in which that date occurs, calculated

immediately preceding the commencement of that loan year. The base rate,

as fixed by the Minister of Finance, is the simple arithmetic mean of the

Wednesday closing mid-market yields for the 6 months preceding the

commencement of that loan year as computed from the yields published by the

currency and due to mature in one to 5 years, rounded to the nearest 1/8 of

1%.

(3) The Provincial Treasurer must pay the interest quarterly and the

interest must be paid within 90 days of the relevant quarter day.

(4) If a credit institution does not receive a payment of interest from

the Provincial Treasurer on the date the payment was due or if a credit

institution disputes the amount of a payment of interest by the Provincial

Treasurer, the credit institution, to be eligible for the payment or an

adjustment of the payment, must make a written application for payment or

adjustment to the Minister,

(

a) in the case of non-payment, within 90 days of the date on which

the payment was due, and

(

b) in the case of an adjustment, within 90 days of receiving the

payment that is in dispute.

Notification to credit institution

30 If a borrower under a guaranteed loan has met the requirements of

section 28 in an academic year and the Minister is aware that the borrower

has ceased to be a full-time student before the end of that academic year,

the Minister must notify the credit institution that holds the loan

(

a) of the date that the borrower ceased to be a full-time student,

and

(

b) that the Provincial Treasurer's liability to pay interest under

the borrower's interest free period will end on the last day of the 6th

month after the borrower ceased to be a full-time student.

Guaranteed loan becoming due

31(1) The whole amount of a guaranteed loan becomes due immediately if the

borrower

(

a) fails to sign a consolidation of loans agreement in accordance

with

section 4 of the Act,

(

b) dies, becomes insolvent or files for bankruptcy, or

(

c) fails to pay an instalment of principal and interest for more

than 30 days after the instalment's due date under the borrower's

consolidation of guaranteed loans agreement.

(2) Subsection (1)(

c) does not apply when the instalment's due date falls

within a period of relief granted under

section 35.

Monthly payments

32(1) Subject to the Act and this Part, the principal and interest under

a consolidation of guaranteed loans agreement are repayable by the borrower

in consecutive monthly instalments of which all instalments except the

final one are of equal amounts and the final instalment is no greater than

that amount.

(2) Each instalment of the repayment must be applied first against

interest accrued to the date of payment and then to the outstanding

principal.

(3) Subject to the Act and this Part, the term for repayment under a

consolidation of guaranteed loans agreement is the term that the credit

institution and the borrower agree to, but where the borrower wishes to

repay the whole or any part of the principal under the agreement at any

time before the expiration of the period of repayment under the agreement,

the credit institution must accept the repayment without penalty.

(4) Subject to subsection (3) and to the borrower's ability to repay a

guaranteed loan, in determining the repayment period in a consolidation of

guaranteed loans agreement, the credit institution and the borrower must

use the following table as a general guide to the relationship between the

principal outstanding and the period of repayment:

Repayment Period

Principal (from the date the borrower

ceases to be a student)

$ 4 000 5 years

7 200 6 years

10 400 7 years

13 600 8 years

16 800 9 years

20 000 10 years

(5) Where the principal under a consolidation of guaranteed loans

agreement is $1000 or less, the equal monthly instalments must be at least

$25.

(6) Where a borrower advises the credit institution to which the

borrower's loan is repayable that the borrower will be in default of the

consolidation of guaranteed loans agreement due to unemployment or other

reasonable causes and where the credit institution is of the opinion that

an alteration or revision of any of the terms of the consolidation of

guaranteed loans agreement will enable the borrower to meet the borrower's

obligation under the agreement, the credit institution and the borrower may

alter or revise the consolidation of guaranteed loans agreement.

Maximum rate of interest

33(1) The rate of interest payable under a consolidation of guaranteed

loans agreement by the borrower to a non-participating credit institution

must not exceed the total of 1% and the base rate determined under

subsection (2) in effect on the date on which the consolidation of

guaranteed loans agreement was made.

(2) The base rate in effect on any date is the base rate as fixed by the

Student Loans, for the loan year in which that date occurs, calculated

immediately preceding the commencement of that loan year. The base rate,

as fixed by the Minister of Finance, is the simple arithmetic mean of the

Wednesday closing mid-market yields for the 6 months preceding the

commencement of that loan year as computed from the yields published by the

currency and due to mature in 5 to 10 years, rounded to the nearest 1/8 of

1%.

Limit on Government's liability

34 The Government's liability to a credit institution under a guarantee

under the Act does not apply to amounts that are to be paid by the borrower

under a consolidation of guaranteed loans agreement more than 10 years from

the date on which the borrower ceases to be a full-time student, plus any

period of relief granted under

section 35.

Interest relief

35(1) A consolidation of guaranteed loans agreement is subject to the

(2) A borrower may be granted relief in accordance with this section.

(3) A written application for relief must be made to the credit

institution and the credit institution may grant relief if

(

a) the borrower will be maintaining permanent residence in Canada

during the period of relief or the borrower is declared to be maintaining

permanent residence in Canada by the Minister,

(

b) the borrower's family income and resources available to the

borrower, as determined by guidelines established by the Minister, is

inadequate to meet the borrower's financial obligations, and

(

c) the borrower meets any other requirements established by the

Minister.

(4) If the credit institution refuses to grant relief to a borrower under

the grounds referred to in subsection (3)(

b) or (c), the borrower may

appeal the decision to the Minister and the Minister may dismiss the appeal

or grant relief in accordance with this section.

(5) If relief is granted under this section,

(

a) repayment of principal under the consolidation of guaranteed

loans agreement is suspended during the term for which relief is granted,

and

(

b) during the term for which relief is granted, the Provincial

Treasurer must pay the interest under the consolidation of guaranteed loans

agreement up to the maximum rate set out in

section 33.

(6) Each period of relief under this

section may not exceed 6 consecutive

months.

(7) No more than 30 months of relief may be granted under this

section

over the term of repayment of a consolidation of guaranteed loans

agreement.

(8) Relief under this

section may be granted for a period of up to 3

months preceding the month in which the application to the credit

institution was made.

Agreements with credit institutions

36 A credit institution that lends money under a guaranteed loan to a

student is subject to the following:

(

a) a credit institution that transfers guaranteed loans to another

credit institution must use the transfer form issued by the Minister;

(

b) a credit institution must use the form for the consolidation of

loans agreement approved by the Minister;

(

c) a credit institution may not demand that a borrower pay

interest or principal during an interest free period if the borrower has

met the requirements of

section 28;

(

d) where a credit institution discovers fraud or a false statement

by a borrower, the credit institution must immediately make a report to the

Minister on the fraud or false statement and any measures taken;

(

e) a claim for loss by a credit institution may be made on the

claim for loss form issued by the Minister,

(

i) in the case of a claim made pursuant to

section

31(1)(b), immediately after any of the events referred to in that clause

occur;

(ii) in the case of any other claim for loss, at any

time after the consolidation of loans agreement has been in default for 3

months or, if a consolidation of loans agreement has not been completed by

the borrower, within 9 months of the borrower's ceasing to be a full-time

student unless, in the opinion of the credit institution, the circumstances

are exceptional, in which case a claim may be submitted before the

expiration of the 3 months or 9 months respectively;

(

f) a credit institution may claim the following amounts if it is

entitled to make a claim for loss to the Minister in respect of a

guaranteed loan or consolidation of guaranteed loans agreement:

(

i) the unpaid principal amount of the loan;

(ii) if the borrower became bankrupt or insolvent, the

uncollected earned interest on the loan calculated to the date of the

borrower's bankruptcy or insolvency;

(iii) if subclause (ii) does not apply, the uncollected

interest on the loan calculated to the 21st day following the date on which

the claim by the credit institution was approved, but the uncollected

interest under this subclause may not exceed 180 days from the date of the

default;

(iv) incidental collection costs other than legal costs,

fees, disbursements or expenses.

General Matters

Interest rate if consolidation agreement not entered into

37(1) If, before this Regulation comes into force, 6 months have passed

after a borrower ceased to be full-time student and the borrower has not

entered into a consolidation of loans agreement, the rate of interest

payable by the borrower to the credit institution is that institution's

prime rate plus 2% until the consolidation of loans agreement is entered

into.

(2) If, after this Regulation comes into force, 6 months have passed after

a borrower ceases to be a full-time student and the borrower has not

entered into a consolidation of loans agreement, the rate of interest

payable by the borrower to the credit institution is that institution's

prime rate plus 2.5% until the consolidation of loans agreement is entered

into.

PART 3

TRANSITIONAL PROVISIONS, CONSEQUENTIAL

AMENDMENTS, REPEALS, EXPIRY AND

COMING INTO FORCE

Transitional

38(1) The conditions in

section 10 apply to assistance awarded under the

Students Finance Regulation (AR 106/92), as well as to assistance awarded

under

Part 1 of this Regulation.

(2) The provisions of

Part 2 that apply to guaranteed loans as defined in

that Part apply to all guaranteed loans made before this Regulation comes

into force.

(3) The restriction on the amount of interest that a credit institution

may claim under

section 36(f)(iii) applies to every claim made by a credit

institution after this Regulation comes into force.

Amends AR 213/93

39 The Social Allowance Regulation (AR 213/93) is amended in

section

28(3) by striking out "Students Finance Regulation (Alta. Reg. 106/92)" and

substituting "Student Financial Assistance Regulation".

Repeals

40 The following regulations are repealed:

(

a) Students Finance Regulation (AR 106/92);

(

b) Student Loan Regulation (AR 213/70).

Expiry

41 For the purpose of ensuring that this Regulation is reviewed for

ongoing relevancy and necessity, with the option that it may be repassed in

its present or an amended form following a review, this Regulation expires

on September 30, 2004.

Coming into force

42 This Regulation comes into force on October 1, 1999.

SCHEDULE

1 A reference in this

Schedule to an academic year in respect of a loan

year or a semester in respect of a loan year is a reference to an academic

year or a semester that begins in that loan year.

2 The maximum loan limits for the loan year commencing on August 1, 1999

are as follows:

(a) $10 100 in an academic year or $5050 in a semester;

(

b) in the case of a student who is enrolled in an accelerated

program, $15 150 in an academic year or $7575 in a semester;

(

c) in the case of a student who is a dependent student and who

demonstrates to the satisfaction of the Minister that a similar program to

the one being taken is not available at a post-secondary educational

institution in the student's community or within reasonable commuting

distance from the student's parental home,

(i) $12 100 in an academic year or $6050 in a semester,

(ii) if the student is enrolled in an accelerated

program, $18 150 in an academic year or $9075 in a semester.

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

Alberta Regulation 216/99

Freedom of Information and Protection of Privacy Act

FREEDOM OF INFORMATION AND PROTECTION OF

PRIVACY AMENDMENT REGULATION

Filed: September 29, 1999

Made by the Lieutenant Governor in Council (O.C. 400/99) pursuant to

section 88 of the Freedom of Information and Protection of Privacy Act.

1 The Freedom of Information and Protection of Privacy Regulation (AR

200/95) is amended by this Regulation.

Section 1 is amended by adding the following after subsection (3):

(4) For the purposes of the Act, "meeting" means a meeting in its

entirety or a portion of a meeting.

Section 6 is amended by striking out "37(b)" and substituting

"37(1)(b)".

Section 7 is amended by striking out "formal and methodological

examination" and substituting "financial or other formal and systematic

examination".

Section 12(2) is amended by striking out "time and".

Section 13 is amended

(

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

Payment of fees

13(1) Processing of a request ceases once a notice of estimate

has been forwarded to an applicant and recommences immediately on the

receipt of an agreement to pay the fee, and on the receipt

(

a) of at least 50% of any estimated fee that exceeds

$150, and

(

b) in the case of a continuing request if the

estimated fee for the entire request exceeds $150, of at least 50% of the

portion of the estimate applicable to the delivery of the first instalment

of the request.

(1.1) Processing of any subsequent instalment of a continuing

request commences only on the receipt of at least 50% of the portion of

the estimate applicable to the delivery of that instalment.

(

b) by repealing subsection (4).

Section 15 is amended

(

a) by repealing subsection (1)(

e) and substituting the following:

(

e) Environmental Protection and Enhancement Act,

section 33(4), but only with reference to information referred to in

section 33(1), and

section 33(5) to (8);

(e.1) Environmental Protection and Enhancement Act,

section 33(4), but only with reference to information referred to in

section 33(3), and

section 33(9);

(

b) by repealing subsection (2) and substituting the following:

(2) The following prevail despite the Freedom of Information

and Protection of Privacy Act:

(

a) Alberta Health Care Insurance Act and the

regulations made under it;

(

b) Cancer Programs Act and the regulations made under

it;

(

c) section 8 of the Confidentiality Regulation (AR

38/99) made under the Ambulance Services Act;

(

d) Hospitals Act and the regulations made under it;

(

e) Human Tissue Gift Act,

section 11;

(

f) Mental Health Act and the regulations made under

it;

(

g) Nursing Homes Act and the regulations made under

it;

(

h) Public Health Act and the regulations made under

it.

(

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

(3) Subsection (1)(a), (

c) and (e.1) are repealed on October

1, 1999.

(3.1) Subsection (1)(d), (

e) and (

f) are repealed on October

1, 2001.

(

d) in subsection (4) by striking out "October 1, 1999" and

substituting "October 1, 2001".

Section 16(6) is amended by striking out "October 1, 1999" and

substituting "October 1, 2001".

Schedule 1 is repealed and the following is substituted:

SCHEDULE 1

AGRICULTURE, FOOD AND RURAL DEVELOPMENT

Alberta Dairy Control Board

Alberta Grain Commission

Alberta Opportunity Company

Agricultural Development Committees

Agricultural Products Marketing Council

Agriculture Financial Services Corporation

Board of Trustees of the Wheat Board Money Trust

Committees formed under

section 7 of the Government Organization

Act

- Agricultural Lease Review Committee

- Alberta Environmentally Sustainable Agriculture (AESA)

Council and subcommittees

- Alberta Mastitis Committee

- Centralized Milk Testing Advisory Committee

- Expert Committee on Regulatory Standards for Intensive

Livestock Operations

- Hall of Fame Selection Committee

- Irrigation Act Review Committee

- Livestock Regulations: Multi-Stakeholder Advisory Group

Farmers' Advocate

Farm Implement Board

Irrigation Council

Irrigation Appeal Tribunal

Land Compensation Board

Marketing of Agricultural Products Act Appeal Tribunal

Meat Inspection Advisory Committee

Production Animal Medicine Advisory Committee

Selected Operational and Advisory Committees formed under

various Federal or Provincial Agreements

Surface Rights Board

CHILDREN'S SERVICES

Appeal Panels appointed under the Assured Income for the Severely

Handicapped Act

Appeal Panels appointed under the Child Welfare Act

Appeal Panels appointed under the Dependent Adults Act

Appeal Panels appointed under the Social Care Facilities Licensing

Act

Appeal Panels appointed under the Social Development Act

Appeal Panels appointed under the Widows' Pension Act

Child and Family Services Authorities established under the Child

and Family Services Authorities Act

Social Care Facilities Review Committee

COMMUNITY DEVELOPMENT

Alberta Foundation for the Arts

Alberta Historical Resources Foundation

Alberta Human Rights and Citizenship Commission

Alberta Order of Excellence Council

Alberta Sport, Recreation, Parks and Wildlife Foundation

Government House Foundation

Seniors Advisory Council for Alberta

Wild Rose Foundation

ECONOMIC DEVELOPMENT

Alberta Economic Development Authority

Alberta Motion Picture Development Corporation

Strategic Tourism Marketing Council

ENVIRONMENT

Bow River Basin Water Council

Drainage Council

Environmental Appeal Board

Natural Resources Conservation Board

EXECUTIVE COUNCIL

Public Affairs Bureau

GAMING

Alberta Gaming and Liquor Commission

Appeal Tribunal established under

section 23 of the

Racing Corporation Act

GOVERNMENT SERVICES

Debtors' Assistance Board

Alberta Funeral Services Regulatory Board

HEALTH AND WELLNESS

Acupuncture Committee

Advisory Committee on the Usage of Blood, Blood Products and their

Alternatives in Alberta

Alberta Advisory Committee on AIDS

Alberta Advisory Committee on Organ and Tissue Donation and

Transplantation

Alberta Aids to Daily Living Benefits and Extended Health Benefits

Appeal Panels

Alberta Alcohol and Drug Abuse Commission

Alberta Health Facilities Review Committee

Alberta Management Committee on Drug Utilization

Ambulance Advisory and Appeal Board

Ambulance Medical Review Committee

Billing Practice Advisory Committee

Board of Examiners for Dental Mechanics

Board of Examiners in Podiatry

Combined Laboratory and X-Ray Technician Committee

Dental Disciplines Advisory Committee

Expert Committee on Drug Evaluation and Therapeutics

Eye Care Disciplines Advisory Committee

Health Disciplines Board

Health Information Legislation Steering Committee

Hospital Privileges Appeal Board

Long Term Care Review Policy Advisory Committee

Mental Health Patient Advocate

Midwifery Committee

MS Drug Review Panel

Out-of-Country Health Services Appeal Panel

Out-of-Country Health Services Committee

Persons with Developmental Disabilities Foundation Board

Persons with Developmental Disabilities

- Calgary Region Community Board

- Central Region Community Board

- Edmonton Region Community Board

- Michener Centre Facility Board

- Northeast Region Community Board

- Provincial Board

- South Region Community Board

Physician Resource Planning Committee

Premier's Council on the Status of Persons with Disabilities

Province-Wide Services Advisory Committee

Public Health Appeal Board

Relative Value Guide (RVG) Commission

Review Panels appointed under the Mental Health Act

Rural Physician Action Plan Co-ordinating Committee

Senior Reference Committee

Technical Coordinating Group

HUMAN RESOURCES AND EMPLOYMENT

Board of Examiners for Mines

Council on Professions and Occupations

Joint Standards Directorate

Labour Relations Board

Occupational Health and Safety Council

Personnel Administration Office

- Government of Alberta Dental Plan Trust

- Government Employees Group Extended Medical

Benefits Plan Trust

Radiation Health Advisory Committee

Workers' Compensation Board

Workers' Compensation Board Appeals Commission

INFRASTRUCTURE

Alberta Motor Transport Board

Driver Control Board

School Buildings Board

INNOVATION AND SCIENCE

Alberta Agricultural Research Institute

Alberta Heritage Foundation for Medical Research

Alberta Oil Sands Technology and Research Authority

Alberta Science, Research and Technology Authority

INTERNATIONAL AND INTERGOVERNMENTAL

RELATIONS

Metis Settlements Transition Commission

Metis Settlements Appeal Tribunal

JUSTICE

Criminal Injuries Appeal Board

Fatality Review Board

Law Enforcement Review Board

Victims of Crime Programs Committee

LEARNING

Advanced Education Foundations

- Athabasca University Foundation

- Banff Centre Foundation

- Non-Profit Private Colleges Foundation

- Public Colleges Foundation of Alberta

- Technical Institutes Foundation of Alberta

- University of Alberta 1991 Foundation

- University of Calgary Foundation

- University of Lethbridge Foundation

Alberta Teachers' Retirement Fund Board

Alberta Apprenticeship and Industry Training Board

Alberta Council on Admissions and Transfer

Alberta Heritage Scholarship, Fellowship or Prize Selection

Committees under

section 4 of the Alberta Heritage

Scholarship Act

Appeal Boards appointed under

Part 4 of the Apprenticeship and

Industry Training Act

Applied Degree Evaluation Advisory Committee

Attendance Board

Board of Reference

Certification Appeal Committee

Complainant Review Committee

Council on Alberta Teaching Standards

Intellectual Infrastructure Partnership Program Review Team

Learning Enhancement Envelope Advisory Committee

Practice Review Panel

Practice Review Appeal Committee

Private Colleges Accreditation Board

Private Vocational Schools Advisory Council

Special Needs Tribunal

Students Finance Appeal Committees appointed under

section

7 of the Government Organization Act

Students Finance Board

MUNICIPAL AFFAIRS

Alberta Social Housing Corporation

Municipal Government Board

Special Areas Board

Safety Codes Council

RESOURCE DEVELOPMENT

Alberta Energy and Utilities Board

Alberta Petroleum Marketing Commission

Electric Utilities Act Advisory Committee

Freehold Mineral Rights Tax Appeal Board

Northern Alberta Development Council

TREASURY

Alberta Automobile Insurance Board

Alberta Government Telephones Commission and

subsidiaries

Alberta Insurance Council

Alberta Municipal Financing Corporation

Alberta Pensions Administration Corporation

Alberta Securities Commission

Alberta Securities Commission Policy Advisory Committee

Alberta Treasury Branches

ATB Investment Services Inc.

Credit Union Deposit Guarantee Corporation

Gainers Inc. and subsidiaries

General Insurance Council

Insurance Adjusters' Council

Insurance Appeal Board

Life Insurance Council

Local Authorities Pension Plan Board of Trustees

N.A. Properties

(1994) Ltd. (amalgamates 354713 Alberta

Ltd., 391760 Alberta Ltd. and S.C. Properties Ltd.) and

subsidiaries

Management Employees Pension Board

Public Service Pension Board

Special Forces Pension Board

Universities Academic Pension Board

Document details

CollectionAlberta — Gazette
Citation1015 ii
Typegazette
Volume / chapter1015 ii
Languageen
Formathtml
SourcePROVINCIAL
Identifier07613e8a0c39ca2db28c21458e36ce90eea22fd6

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