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4 Sections 1 and 2 are repealed and the following is substituted: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