Alberta Gazette — 15 July (ii)
0715 ii
Alberta — Gazette
Alberta Regulation 125/2004
Safety Codes Act
PASSENGER ROPEWAYS STANDARDS
AMENDMENT REGULATION
Filed: June 22, 2004
Made by the Lieutenant Governor in Council (O.C. 250/2004) on June 21, 2004
pursuant to
section 65 of the Safety Codes Act.
1 The Passenger Ropeways Standards Regulation
(AR 3/2002) is amended by this Regulation.
Section 1 is amended by renumbering it as
section 1(1)
and by adding the following after subsection (1):
(2) Appendices A, C, D, E, F, G, H, J and K to CSA Standard
Z98-01, Passenger Ropeways, are varied by striking out, in each
appendix, the note immediately following the title of the appendix.
3 The following is added after
section 1:
Declaration of standard in force
1.1 The CSA Standard Z98S1-02, Passenger Ropeways and
Conveyors, is declared in force
(
a) in respect of passenger ropeways other than conveyors,
and
(
b) on and after September 1, 2004 in respect of conveyors.
Section 2 is amended by striking out "Standard referred to in
section 1," and substituting "Standards referred to in this
Regulation,".
5 The following is added after
section 3:
Expiry
3.1 For the purpose of ensuring that this Regulation is reviewed
for ongoing relevancy and necessity, with the option that it may be
repassed in its present or an amended form following a review, this
Regulation expires on February 28, 2011.
Alberta Regulation 126/2004
Income and Employment Supports Act
INCOME SUPPORTS, HEALTH AND TRAINING BENEFITS
AMENDMENT REGULATION
Filed: June 22, 2004
Made by the Lieutenant Governor in Council (O.C. 252/2004) on June 21, 2004
pursuant to
section 18 of the Income and Employment Supports Act.
1 The Income Supports, Health and Training Benefits
Regulation (AR 60/2004) is amended by this Regulation.
Section 13 is amended
(
a) in subsection (1)(
a) by striking out "or" at the end of
subclause (i), adding "or" at the end of subclause
(ii) and adding the following after subclause (ii):
(iii) the member is a parent and is residing with the
member's parent or parents,
(
b) in subsection (2) by striking out "Subsection (1)(a)(
i) is
repealed" and substituting "Subsection (1)(a)(
i) and (iii)
are repealed".
Section 23(2)(
b) is repealed and the following is
substituted:
(
b) is a member of a household unit where either the combined
current income less the cost of ongoing health needs of the
household unit or the combined prescribed income of the
adults in the household unit is equal to or less than the
following income levels:
Household unit with one child $24 397
Household unit with 2 children $26 397
Household unit with 3 children $28 397
Plus $2000 for each additional child
Section 25(
a) is repealed and the following is
substituted:
(
a) the combined prescribed income of the person and his or her
cohabiting partner is equal to or less than the following
income levels:
(
i) for persons who were in receipt of health benefits under
section 22(3) or (4):
Single adult $13 175
Couple with no children $18 445
Household unit with one child $24 397
Household unit with 2 children $26 397
Household unit with 3 children $28 397
Plus $2000 for each additional child
(ii) for persons who were in receipt of health benefits under
section 22(5) or (6):
Single adult $17 256
Couple with no children $24 324
Household unit with one child $28 324
Household unit with 2 children $28 324
Household unit with 3 children $28 397
Plus $2000 for each additional child
--------------------------------
Alberta Regulation 127/2004
Justice of the Peace Act
JUSTICE OF THE PEACE AMENDMENT REGULATION
Filed: June 22, 2004
Made by the Lieutenant Governor in Council (O.C. 256/2004) on June 21, 2004
pursuant to
section 15 of the Justice of the Peace Act.
1 The Justice of the Peace Regulation (AR 6/99) is
amended by this Regulation.
Section 3(1) is amended by adding the following after
clause (ii):
(jj) a provision of the Insurance Act for which a specified penalty
is set out in
Schedule 2,
Part 7.2 of the Procedures
Regulation (AR 233/89).
Alberta Regulation 128/2004
Insurance Act
INSURANCE AGENTS AND ADJUSTERS AMENDMENT REGULATION
Filed: June 22, 2004
Made by the Lieutenant Governor in Council (O.C. 268/2004) on June 21, 2004
pursuant to
section 498 of the Insurance Act.
1 The Insurance Agents and Adjusters Regulation
(AR 122/2001) is amended by this Regulation.
Section 22 is amended
(
a) in subsection (3)(
a) by striking out "Settlements) or
C-17 (Claims 1)," and substituting "Settlements), C-17
(Claims 1) or C-110 (Essentials of Loss Adjusting),";
(
b) by repealing subsection (5)(b)(ii) and substituting
the following:
(ii) one of the following courses of the Insurance Institute
of Canada:
(
A) the C-46 (Claims 2);
(
B) C-41 (Property Loss Adjustment);
(
C) C-111 (Advanced Loss Adjusting).
--------------------------------
Alberta Regulation 129/2004
Public Sector Pension Plans Act
MANAGEMENT EMPLOYEES PENSION PLAN (OPTIONAL PENSION
FORMS) AMENDMENT REGULATION
Filed: June 22, 2004
Made by the Lieutenant Governor in Council (O.C. 274/2004) on June 21, 2004
pursuant to
Schedule 5,
section 4 of the Public Sector Pension Plans Act.
1 The Management Employees Pension Plan (AR 367/93) is
amended by this Regulation.
Section 29(1)(
c) is amended by striking out "36(2)" and
substituting "36(2)(
a) or (b), depending on which of those clauses
applies to him".
Section 36 is amended by repealing subsections (2) and
(5) and substituting the following:
(2) A pension under subsection (1) is payable
(
a) if the pensioner did not have a pension partner at pension
commencement or if he did but a valid statutory declaration
under
section 37(3) was filed in respect of his pension, for
the life of the pensioner, or
(
b) if the pensioner did have a pension partner at pension
commencement and such a declaration was not filed in
respect of his pension, in the form of a single life pension,
payable only for the life of the pensioner with the provision
that, if the pensioner dies survived by that person, the
pension is payable to that person for life in an amount equal
to 3/4 of the pension that would have been payable to the
pensioner had he continued to live.
Section 37 is amended
(
a) in subsection (1) by striking out "of a normal pension"
and substituting "specified in
section 36(2)(b)";
(
b) in subsection (2) by striking out "38(1)(d)(i)" and
substituting "38(1)(
d) or (f)";
(
c) in subsection (5) by striking out "of a normal pension"
and substituting "specified in
section 36(2)(b)".
Section 38 is amended
(
a) in subsection (1)
(
i) by striking out "36(2)" and substituting
"36(2)(a)";
(ii) by repealing clause (
d) and substituting the
following:
(
d) a joint life pension, payable during the joint lives
of the pensioner and a nominee designated by the
pensioner and which, after the death of either,
continues to be payable in the same amount as was
payable before the death, to the survivor for life
and that is payable, in the event that the survivor
dies within 10 years of pension commencement,
for the remainder of the guaranteed term of 10
years from pension commencement;
(
e) a joint life pension, payable during the joint lives
of the pensioner and a nominee designated by the
pensioner and which, after the death of either,
continues to be payable in the amount of 2/3 of the
amount payable before the death, to the survivor
for life but that is payable, in the event that either
or both die within 10 years of pension
commencement, for the remainder of the
guaranteed term of 10 years from pension
commencement in the amount that was payable
immediately before the first death;
(
f) a single life pension, payable only for the life of
the pensioner with the provision that, if the
pensioner dies survived by a nominee designated
by the pensioner, the pension is payable to that
nominee for life in an amount equal to 3/4 of the
pension that would have been payable to the
pensioner had he continued to live, but that is
payable, in the event that the pensioner dies within
10 years of pension commencement, for the
remainder of the guaranteed term of 10 years from
pension commencement in the amount that was
payable to the pensioner immediately before the
death of the pensioner.
(
b) in subsection (2) by striking out "in the form of a
normal pension" and substituting "payable in the form
specified in
section 36(2)(a)";
(
c) in subsection (3) by striking out "(1)(d)" and
substituting "(1)(d), (
e) or (f)".
Section 45(
a) is amended by striking out "normal pension"
and substituting "pension in the form specified in
section 36(2)(b)".
Section 48 is amended
(
a) in subsection (2) by striking out "38(1)(d)(i)"
wherever it occurs and substituting "38(1)(
d) or (f)";
(
b) in subsection (5) by striking out "(1) or".
Section 49(1) is repealed and the following is
substituted:
Alternative forms of pension
49(1) A person who is entitled to receive a pension in the form
specified in
section 47(2)(
a) is entitled, as an alterative, to select
any other form of pension from any of those provided for in
section
38(1), (treating the reference in
section 38(1)(
f) to "3/4" as a
reference to "2/3").
Section 59(a)(
i) is amended by striking out "38(1)(d)(i)"
and substituting "38(1)(d)".
Section 64(a)(
i) is amended by striking out "49(1)(a),
specified in
section 38(1)(d)(i)" and substituting "49(1), specified
section 38(1)(d)".
11 This Regulation applies only to pensions where
pension commencement occurs after 2004.
--------------------------------
Alberta Regulation 130/2004
Mines and Minerals Act
PETROLEUM AND NATURAL GAS TENURE AMENDMENT REGULATION
Filed: June 22, 2004
Made by the Lieutenant Governor in Council (O.C. 282/2004) on June 21, 2004
pursuant to sections 5 and 83 of the Mines and Minerals Act.
1 The Petroleum and Natural Gas Tenure Regulation
(AR 263/97) is amended by this Regulation.
Section 36 is amended by striking out "June 30, 2004" and
substituting "December 31, 2004".
Alberta Regulation 131/2004
Environmental Protection and Enhancement Act
CONSERVATION AND RECLAMATION AMENDMENT REGULATION
Filed: June 22, 2004
Made by the Lieutenant Governor in Council (O.C. 290/2004) on June 21, 2004
pursuant to sections 38 and 146 of the Environmental Protection and Enhancement
Act.
1 The Conservation and Reclamation Regulation (AR 115/93)
is amended by this Regulation.
Section 1(b.1) is repealed and the following is
substituted:
(b.1) "borrow excavation" means an excavation in the surface
made solely for the purpose of removing borrow material for
(
i) the construction of the sub-base for a specific roadway
project, or
(ii) the construction of a dam, canal, dike, structure or
erosion protection works associated with a provincial
water management infrastructure project
and includes any associated infrastructure connected with the
borrow excavation;
3 The following is added after
section 3:
Codes of practice
3.1(1) The following codes of practice are adopted pursuant to
section 38 of the Act and form part of this Regulation:
(
a) the Code of Practice for Exploration Operations,
published by the Department, as amended or replaced
from time to time;
(
b) the Code of Practice for Pits, published by the
Department, as amended or replaced from time to time.
(2) A registration holder who carries on an activity referred to in
Column A of the
Schedule shall comply with the corresponding
Code of Practice in Column B of the
Schedule in the carrying on of
that activity.
Section 17 is amended
(
a) in subsection (1) by adding the following after
clause (a):
(a.1) in a case where the activity is governed by a code of
practice, the security must be provided as required in
the code of practice;
(
b) by adding the following after subsection (1):
(1.1) Where an activity that is carried on or is to be carried on
by an operator is governed by a code of practice but is not an
activity in respect of which security must be provided by reason
of subsection (1)(a.1), the Minister may nevertheless by order
designate that activity as one in respect of which security must
be provided.
(
c) in subsection (2) by adding "or is not governed by a
code of practice" after "required".
5 The following is added after
section 26:
Schedule
COLUMN A
COLUMN B
The conduct or reclamation of an
exploration operation.
Code of Practice for
Exploration Operations
The construction, operation or
reclamation of a pit that is listed in
Schedule 2, Division 3 of the
Activities Designation Regulation.
Code of Practice for Pits
6 This Regulation comes into force on November 1, 2004.
Alberta Regulation 132/2004
Environmental Protection and Enhancement Act
OZONE-DEPLETING SUBSTANCES AND HALOCARBONS
AMENDMENT REGULATION
Filed: June 22, 2004
Made by the Lieutenant Governor in Council (O.C. 291/2004) on June 21, 2004
pursuant to
section 86 of the Environmental Protection and Enhancement Act.
1 The Ozone-depleting Substances and Halocarbons
Regulation (AR 181/2000) is amended by this Regulation.
Section 1 is amended
(
a) by adding the following after clause (a):
(a.1) "chiller" means an air conditioning system or
refrigeration system that has a compressor, an
evaporator and a secondary refrigerant;
(a.2) "critical use application" means a situation where a
technically and financially feasible alternative does not
exist;
(
b) in clause (
b) by striking out "by Ministerial order";
(
c) by adding the following after clause (c):
(c.1) "mobile refrigeration system" means a refrigeration
system that is installed in or normally operates in or in
conjunction with or is attached to a means of
transportation;
(
d) by adding the following after clause (e):
(e.1) "small refrigeration system" means any refrigeration
system other than a mobile refrigeration system that is
not contained in a motor vehicle and that has a rated
refrigeration capacity of less than 19 kilowatts;
Section 2 is repealed and the following is substituted:
General prohibition
2(1) Unless subsection (3) or (4) is not contravened or unless
permitted by any enactment of Alberta or Canada or by approval,
no person shall release or permit the release of an ozone-depleting
substance or halocarbon into the environment.
(2) Subsection (1) does not apply to the release of an ozone-
depleting substance or halocarbon into the environment from any
thing while it is used
(
a) in the course of fighting fires;
(
b) in human or animal health care applications, such as the
following:
(
i) bronchial dilators;
(ii) inhalable steroids;
(iii) topical anaesthetics;
(iv) veterinary powder wound sprays;
(
v) sterilization of medical equipment;
(
c) in laboratory analytical procedures.
(3) No person shall charge or permit the charge of an air
conditioning system, that is designed for passengers in motor
vehicles, with a chlorofluorocarbon or any mixture containing a
chlorofluorocarbon listed in items (
a) to (
e) in
Schedule 1.
(4) No person shall release or permit the release of more than 0.1
kilogram of an ozone-depleting substance or halocarbon per
kilogram of air from an air purge system for purging
non-condensable gases from a low pressure centrifugal chiller on
or used on a refrigeration system or air conditioning system.
(5) On and after January 1, 2005, no person shall charge or permit
the charge of a mobile refrigeration system with a
chlorofluorocarbon or any mixture containing a chlorofluorocarbon
listed in items (
a) to (
e) in
Schedule 1.
(6) On and after January 1, 2005, no person shall charge or permit
the charge of a refrigeration system with a chlorofluorocarbon or
any mixture containing a chlorofluorocarbon listed in items (
a) to
(
e) in
Schedule 1.
(7) Subsection (6) does not apply to a chiller, a mobile
refrigeration system or a small refrigeration system.
(8) On and after January 1, 2005, no person shall charge or permit
the charge of a chiller with a chlorofluorocarbon or any mixture
containing a chlorofluorocarbon listed in items (
a) to (
e) in
Schedule 1 if that chiller has undergone an overhaul that includes
the following procedure or repair:
(
a) the replacement or modification of an internal sealing
device;
(
b) the replacement or modification of an internal
mechanical part other than
(
i) an oil heater,
(ii) an oil pump,
(iii) a float assembly, or
(iv) a vane assembly, in the case of a chiller with a
single-stage compressor;
(
c) any procedure or repair that resulted from the failure of
an evaporator or a condenser heat-exchanger tube.
(9) Notwithstanding subsection (8), a person may charge a chiller
with a chlorofluorocarbon or with a mixture containing a
chlorofluorocarbon listed in items (
a) to (
e) in
Schedule 1, but that
person shall not operate that chiller later than one year after the day
on which it is charged unless it no longer contains a
chlorofluorocarbon or mixture containing a chlorofluorocarbon
listed in items (
a) to (
e) in
Schedule 1.
(10) The owner or person responsible for charging a chiller
pursuant to subsection (9) shall provide written notice to the
Director within 30 days after the chiller is charged.
(11) On and after January 1, 2015, no person shall charge or
permit the charge of a chiller with a chlorofluorocarbon or any
mixture containing a chlorofluorocarbon listed in items (
a) to (
e) in
Schedule 1.
(12) On and after January 1, 2005, no person shall charge or
permit the charge of a portable fire extinguisher with a halon or any
mixture containing a halon listed in items (
f) to (
i) in
Schedule 1,
except for critical use applications.
(13) During the period from January 1, 2005 to December 31,
2009, no person shall charge or permit the charge of a fixed fire
extinguishing system with a halon or any mixture containing a
halon listed in items (
f) to (
i) in
Schedule 1 more than once on that
system, except for critical use applications.
(14) On or after January 1, 2010, no person shall charge or permit
the charge of a fixed fire extinguishing system with a halon or any
mixture containing a halon listed in items (
f) to (
i) in
Schedule 1,
except for critical use applications.
Section 3 is amended by striking out "On and after January
1, 2001, no" and substituting "No".
Section 4 is amended by repealing subsections (3) and
(4) and substituting the following:
(3) Subsection (1)(
d) does not apply to the following:
(
a) the sale or offering for sale of rigid foam insulation,
other than rigid foam insulation used in white goods
after July 1, 1994 if it was manufactured before July 1,
1994;
(
b) the sale or offering for sale of rigid foam insulation used
in white goods after January 1, 1996 if it was
manufactured before January 1, 1996;
(
c) the sale or offering for sale of flexible furniture foam
after January 1, 1994 if it was manufactured before
January 1, 1994.
(4) Subsection (1)(
e) does not apply to the sale or offering for sale
of any thing referred to in clause (
e) after January 1, 1994 that was
manufactured before January 1,
Section 6 is amended
(
a) in subsection (2) by striking out "on or after December
1, 2000";
(
b) by repealing subsection (6);
(
c) in subsection (7) by striking out "on and after January
1, 2002".
7 The following is added after
section 9:
Refrigerant and halon take back
9.1(1) On and after January 1, 2005, where a person purchases an
ozone-depleting substance or other halocarbon, other than as part
of or contained in refrigeration or air conditioning equipment, and
returns the substance or halocarbon to the seller, the seller shall
accept and store the substance or halocarbon until the seller can
deliver it to a person to recycle, convert or destroy it.
(2) A person returning an ozone-depleting substance or other
halocarbon to the seller shall return it in a container that is designed
to contain it.
Section 10 is repealed and the following is substituted:
Offences
10 Any person who contravenes
section 2(1), (3), (4), (5), (6),
(8), (9), (10), (11), (12), (13) or (14) or
section 3, 4(1), 5, 6, 7, 8(2)
or 9.1 is guilty of an offence and liable,
(
a) in the case of an individual, to a fine of not more than
$50 000, or
(
b) in the case of a corporation, to a fine of not more than
$500
Section 12 is repealed.
10 This Regulation comes into force on July 1, 2004.
--------------------------------
Alberta Regulation 133/2004
Government Organization Act
EDMONTON RESTRICTED DEVELOPMENT AREA
AMENDMENT REGULATION
Filed: June 22, 2004
Made by the Lieutenant Governor in Council (O.C. 264/2004) on June 21, 2004
pursuant to
Schedule 5,
section 4 of the Government Organization Act.
1 The Edmonton Restricted Development Area Regulations
(AR 287/74) are amended by this Regulation.
2 Item 1 of the Schedule, describing land located in
Township 53, Range 25, West of the Fourth Meridian, is
amended by striking out
SECTION 27: Plan 882 1697 showing survey for descriptive
purposes of a right-of-way for a Transportation/
Utility Corridor; All that portion of Block 6 Plan 179
H.W. lying south and east of Plan 882 1697;
EXCEPTING THEREOUT Plan 022 4775.
and substituting
SECTION 27: Plan 882 1697 showing survey for descriptive
purposes of a right-of-way for a Transportation/
Utility Corridor; All that area south and east of Plan
882 1697 within Block 6 of Plan 179 H.W.; All that
area within the northeast quarter of
section 27, south
of Plan 882 1697 and northeast and northwest of
Road Plan 822 3194; EXCEPTING THEREOUT
Plan 022 4775.
3 Item 3 of the Schedule, describing land located in
Township 54, Range 24, West of the Fourth Meridian, is
amended by striking out
SECTIONS 8 Plans 882 1651 and 022 0615 showing survey for
& 9: descriptive purposes of a right-of-way for a
Transportation/Utility Corridor; All that area north
and west of Plan 882 1651 within the south half of
section 8; All that area north and east of Plan
882 1651, and all that area west of lot 4 of Plan 4415
M.C. within the south half of
section 9.
and substituting
SECTIONS 8 Plans 882 1651 and 022 0615 showing survey for
& 9: descriptive purposes of a right-of-way for a
Transportation/Utility Corridor; All that area north
and west of Plan 882 1651 within the south half of
section 8; All that area north and east of Plan
882 1651, and all that area west of Lot 4 of Plan
4415 M.C. within the south half of
section 9. All that
area within the north-south road allowance adjoining
the southwest quarter of
section 8, north of the north
boundary of Plan 882 1651.
4 Item 5 of the Schedule, describing land located in
Township 53, Range 23, West of the Fourth Meridian, is
amended by striking out
SECTIONS 31 Plan 892 0561 and Area D of Plan 022 1099
& 32: showing survey for descriptive purposes of a
right-of-way for a Transportation/Utility Corridor;
Lot 3 of Plan 8188 E.T.; EXCEPTING THEREOUT
Areas A and B of Plan 022 1099.
and substituting
SECTIONS 31 Plan 892 0561 and Area D of Plan 022 1099
& 32: showing survey for descriptive purposes of a
right-of-way for a Transportation/Utility Corridor;
Lot 3 of Plan 8188 E.T.; All that area of Railway
Plan 4514 A.Q. comprising right-of-way in east leg
of Y and inside Y; All that area of the northeast
quarter of
section 31, northeast of Plan 892 0561 and
southeast of Plan 5815 R.S.; EXCEPTING
THEREOUT Areas A and B of Plan 022 1099.
5 Item 6 of the Schedule, describing land located in
Township 52, Range 25, West of the Fourth Meridian, is
amended by striking out
SECTIONS 3, Plan 882 2315 showing survey for descriptive
4 & 9: purposes of a right-of-way for a
Transportation/Utility Corridor; Plan 022 0486; All
that area of the northerly two hundred and
ninety-seven (297) feet throughout within the
southwest quarter of
section 4; EXCEPTING
THEREOUT Plan 002 4559 and Area B of Plan
002 4731.
and substituting
SECTIONS 3, Plan 882 2315 showing survey for descriptive
4 & 9: purposes of a right-of-way for a
Transportation/Utility Corridor; Plan 022 0486; All
that area of the northerly two hundred and
ninety-seven (297) feet throughout within the
southwest quarter of
section 4; Plan 032 2115;
EXCEPTING THEREOUT Plan 002 4559, Area B
of Plan 002 4731 and Areas C, D, E and F of Plan
032 2116.
6 Item 10 of the Schedule, describing land located in
Township 51, Range 25, West of the Fourth Meridian, is
amended by striking out
SECTIONS 27 Plan 882 2850 showing survey for descriptive
& 34: purposes of a right-of-way for a
Transportation/Utility Corridor.
and substituting
SECTIONS 27 Plan 882 2850 showing survey for descriptive
& 34: purposes of a right-of-way for a
Transportation/Utility Corridor; Plan 002 0924; Area
B of Plan 032 1131; EXCEPTING THEREOUT
Area A of Plan 032 1131.
--------------------------------
Alberta Regulation 134/2004
Franchises Act
FRANCHISES ACT EXEMPTION AMENDMENT REGULATION
Filed: June 24, 2004
Made by the Minister of Government Services (M.O. C:010/2004) on June 17, 2004
pursuant to
section 6(1)(
c) of the Franchises Act.
1 The Franchises Act Exemption Regulation (AR 312/2000)
is amended by this Regulation.
2 The following is added after
section 1:
Exemption
1.1(1) The Collins Barrow National Cooperative Incorporated,
registered under the Canada Cooperatives Act, is exempt from the
disclosure requirements of
section 4 of the Act.
(2) Subsection (1) is deemed to have come into force on May 7,
--------------------------------
Alberta Regulation 135/2004
Electric Utilities Act
REGULATED DEFAULT SUPPLY AMENDMENT REGULATION
Filed: June 28, 2004
Made by the Minister of Energy (M.O. 29/2004) on June 24, 2004 pursuant to
sections 108 and 115 of the Electric Utilities Act.
1 The Regulated Default Supply Regulation (AR 168/2003)
is amended by this Regulation.
Section 9(1) is amended by striking out "July 1, 2004" and
substituting "April 1, 2005".
--------------------------------
Alberta Regulation 136/2004
Mental Health Act
MENTAL HEALTH ACT FORMS AND REVIEW
PANELS REGULATION
Filed: June 30, 2004
Made by the Minister of Health and Wellness (M.O. 26/2004) on June 23, 2004
pursuant to
section 53(4) of the Mental Health Act.
Table of Contents
Interpretation
2 Admission certificate
3 Renewal certificate
4 Order to return patient
5 Transfer into Alberta
6 Transfer out of Alberta
7 Transfer to another facility
8 Information
9 Warrant
10 Extension of warrant
11 Statement of peace officer
12 Application re competence
13 Application re treatment
14 Application re transfer back to correctional facility
15 Application re cancellation of certificates
16 Review panel report
17 Repeal
18 Expiry
Schedule
Interpretation
1(1) In this Regulation, "Act" means the Mental Health Act.
(2) A reference in this Regulation to a form is to a form in the
Schedule.
Admission certificate
2 An admission certificate under
section 2 of the Act must be in Form
Renewal certificate
3 A renewal certificate under
section 8 of the Act must be in Form 2.
Order to return patient
4 An order under
section 20(4) or
section 21(1) of the Act to return a
formal patient to a facility must be in Form 3.
Transfer into Alberta
5 A certificate under
section 24(1) of the Act authorizing the
apprehension and conveyance of a person who comes or is brought
into Alberta to a facility for examination must be in Form 4.
Transfer out of Alberta
6 A transfer under
section 25 of the Act authorizing the transfer of a
formal patient to a jurisdiction outside Alberta must be in Form 5.
Transfer to another facility
7 A memorandum of transfer under
section 22(1) of the Act
authorizing the transfer of a formal patient to another facility must be
in Form 6.
Information
8 An information under
section 10 of the Act must be in Form 7.
Warrant
9 A warrant under
section 10 of the Act directing a peace officer to
apprehend and convey a person to a facility for examination must be in
Form 8.
Extension of warrant
10 An order under
section 11 of the Act extending the duration of a
warrant must be in Form 9.
Statement of peace officer
11 The statement under
section 12 of the Act of a peace officer who
conveys a person to a facility must be in Form 10.
Application re competence
12(1) A certificate under
section 27(1) of the Act must be in Part One
of Form 11.
(2) A notice of the board under
section 27(3) must be in Part Two of
Form 11.
(3) A notice of application under
section 27(3) of the Act to have a
physician's opinion reviewed by a review panel must be in Form 12.
(4) A notice of hearing under
section 40(2) of the Act that the chair of
a review panel must give on receipt of an application under
section 27
of the Act must be in Form 13.
(5) A report of a decision of a review panel under
section 41 of the
Act relating to an application under
section 27 of the Act must be in
Form 14.
Application re treatment
13(1) An application under
section 29(2) of the Act for an order
directing that treatment may be administered to a formal patient must
be in Form 12.
(2) A notice of hearing under
section 40(2) of the Act that the chair of
a review panel must give on receipt of an application under
section 29
of the Act must be in Form 13.
(3) A report of the decision of a review panel under
section 41 of the
Act relating to an application under
section 29 of the Act must be in
Form 15.
Application re transfer back to correctional facility
14(1) An application under
section 33 of the Act for an order
transferring a person back to a correctional facility must be in Form 12.
(2) A notice of hearing under
section 40(1) of the Act that the chair of
a review panel must give on receipt of an application under
section 33
of the Act must be in Form 13.
(3) A report of the decision of a review panel under
section 41 of the
Act relating to an application under
section 33 of the Act must be in
Form 16.
Application re cancellation of certificates
15(1) An application under
section 38(1) of the Act for cancellation
of admission certificates or renewal certificates must be in Form 12.
(2) A notice of hearing under
section 40(1) of the Act that the chair of
a review panel must give on receipt of an application under
section 38
of the Act must be in Form 13.
(3) A report of a decision of a review panel under
section 41 of the
Act relating to an application under
section 38(1) of the Act must be in
Form 17.
(4) A report of a decision of a review panel under
section 41 of the
Act relating to a deemed application under
section 39 of the Act must
be in Form 18.
Review panel report
16 As soon as possible after the end of each year, a review panel
must prepare and submit to the Minister a report summarizing its
activities in that year, including the following:
(
a) the number of hearings requested;
(
b) the number of hearings cancelled and the reasons why the
hearings were cancelled;
(
c) the number of hearings held before the review panel;
(
d) the number of each type of hearing held before the review
panel;
(
e) the place where hearings before the review panel were held;
(
f) the results of each hearing before the review panel;
(
g) the total number of days on which hearings before the review
panel were held;
(
h) the number of times a second psychiatric opinion was
requested in hearings held before the review panel.
Repeal
17 The Forms and Review Panels Regulation (AR 338/89) is
repealed.
Expiry
18 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 November 30, 2011.
Schedule
Form 1
Admission Certificate
Mental Health Act
Section 2
I, (print name of physician), of (address) certify that I personally
examined (print name of person examined) of (home address) on
(date) at (time) at (place of examination).
In my opinion the person examined is
(
i) suffering from mental disorder,
(ii) in a condition presenting or likely to present a danger to
himself/herself or others, and
(iii) unsuitable for admission to a facility other than as a
formal patient.
(Note: All three criteria above must be met.)
I have formed my opinion
(
i) on the following facts observed by me:
(ii) on the following facts communicated to me by others:
(Note: (
i) and (ii) must be completed.)
? The person is not in a facility and is to be conveyed for
examination to (name of facility) at (address of facility).
(Place an X in the box if conveyance is required.)
(date of issue)
(time of issue)
(signature of physician)
(printed name of physician)
Form 2
Renewal Certificate
Mental Health Act
Section 8
I, (print name of physician), of) (address) certify that I personally
examined (print name of person examined) on (date) at (time)
separately from any other physician.
In my opinion the person examined is
(
i) suffering from mental disorder,
(ii) in a condition presenting or likely to present a danger to
himself/herself or others, and
(iii) unsuitable to continue at a facility other than as a formal
patient.
(Note: All three criteria above must be met.)
I have formed my opinion
(
i) on the following facts observed by me:
(ii) on the following facts communicated to me by others:
(Note: (
i) and (ii) must be completed.)
The person was examined at (name of facility).
(date of issue)
(time of issue)
(signature of physician)
(printed name of physician)
Form 3
Order to Return a Formal Patient to a Facility
Mental Health Act
Section 20(4) or 21(1)
To all or any of the peace officers in Alberta:
(name of formal patient), a formal patient, is absent without leave
pursuant to the Mental Health Act.
You are hereby ordered to return the formal patient to (name and
address of facility).
Admission certificates (or renewal certificates) expire on (date) .
Dated this day of , 20 .
(signature of representative of
board of facility)
(printed name of representative)
Form 4
Certificate of Transfer into Alberta
Mental Health Act
Section 24(1)
I have reasonable and probable grounds to believe that (full name of
person) may come or be brought into Alberta and is
(
a) suffering from mental disorder,
(
b) in a condition presenting or likely to present a danger to
himself/herself or others, and
(
c) unsuitable for admission to a facility other than as a formal
patient.
(Note: All three criteria above must be met.)
Pursuant to
section 24(1) of the Mental Health Act, I authorize a peace
officer or (name of person authorized) to apprehend and convey (full
name of person) to a facility for examination.
(date of issue)
(signature of the Minister of Health
and Wellness or person designated
by the Minister of Health and
Wellness)
(printed name of Minister of Health
and Wellness or designated person)
Form 5
Transfer of Formal Patient to a
Jurisdiction Outside Alberta
Mental Health Act
Section 25
It appears to me
? that (name of formal patient), has come or been brought into
Alberta and that his/her care and treatment is the responsibility
of (name of other jurisdiction).
? that it would be in the best interests of (name of formal patient)
to be cared for in (name of other jurisdiction).
(Choose one and place an X in the appropriate box.)
Therefore, I authorize that (name of formal patient) be transferred to
(name of other jurisdiction).
(date of issue)
(signature of the Minister of Health
and Wellness or person designated
by the Minister of Health and
Wellness)
(printed name of Minister of Health
and Wellness or designated person)
Form 6
Memorandum of Transfer
to Another Facility
Mental Health Act
Section 22(1)
Arrangements have been made with the board of (name of facility to
which the patient is to be transferred) to transfer (name of formal
patient), a formal patient in (name of facility in which patient is
presently detained) to (name of facility to which the patient is to be
transferred).
Dated this day of , 20 .
(signature of representative of
board of sending facility)
(printed name of representative)
Form 7
INFORMATION
Mental Health Act
Section 10
This is the information of (name of informant) of (address of
informant) who says that he/she has reasonable and probable grounds
to believe that (name of person) of (address of person) is
(
a) suffering from mental disorder, and
(
b) in a condition presenting or likely to present a danger to
himself/herself or others.
SWORN BEFORE ME at the of )
, in the Province of Alberta, the )
day of , .)
) (signature of informant)
(Provincial Judge for the )
Province of Alberta) )
(printed name of informant)
Form 8
Warrant
Mental Health Act
Section 10
To all or any peace officers in Alberta:
(name of informant) has brought before me an information on oath that
(name of person) of (address of person)
(
a) is suffering from mental disorder, and
(
b) is in a condition presenting or likely to present a danger to
himself/herself or others.
I am satisfied that (name of person) is in a condition presenting or
likely to present a danger to himself/herself or others and that an
examination can be arranged in no way other than by apprehension.
This is to order you to apprehend (name of person) and convey him/her
to a facility for an examination.
Brief reasons:
Dated this day of , 20 at
(signature of Provincial Judge
for the Province of Alberta)
(printed name of Provincial Judge
for the Province of Alberta)
(clerk of the Court)
(date of filing)
Form 9
Extension of Warrant
Mental Health Act
Section 11
To all or any peace officers in Alberta:
(name of Provincial Judge) issued a warrant dated
to apprehend (name of person).
The warrant has not been executed.
(Name of peace officer), (badge number) of (detachment)
? has appeared before me to apply for an extension of the
warrant.
? has applied for an extension of the warrant by telephone or
other means of telecommunication, and it appears on the oath
of (name of peace officer) that it is impracticable to appear
before me personally and that there are reasonable grounds for
dispensing with an information presented personally and in
writing.
(Choose one and place an X in the appropriate box.)
This order therefore extends the duration of the warrant for a period of
7 days from the day on which the warrant expires.
Dated at (place) on the day of ,
20 at (time) .
(signature of Provincial Judge for
the Province of Alberta)
(printed name of Provincial Judge
for the Province of Alberta)
(clerk of the Court)
(date of filing)
Form 10
Statement of Peace Officer
on Apprehension
Mental Health Act
Section 12
(name of person apprehended if known) was apprehended on (date)
at (time) .
He/She was apprehended at (describe place and address).
I have reasonable and probable grounds to believe that
(
a) the person apprehended is suffering from mental disorder,
(
b) the person apprehended is in a condition presenting a danger
to himself/herself or others,
(
c) the person apprehended should be examined in the interests
of his/her own safety or the safety of others, and
(
d) the circumstances are such that to proceed under
section 10
of the Mental Health Act would be dangerous.
(Note: All four criteria above must be met.)
The grounds for my belief are:
Dated this day of , 20 .
(signature of peace officer)
(printed name of peace officer)
(badge number)
(detachment)
Form 11
Certificate of Incompetence to
Make Treatment Decisions
Mental Health Act
Section 27
Part One
(To be completed by a physician)
I, (name of physician), am of the opinion that (name of formal patient)
is not mentally competent to make treatment decisions.
The reasons for my opinion are as follows:
Dated this day of , 20 .
(signature of physician)
(printed name of physician)
Part Two
(To be completed by the board of a facility)
To: (name of formal patient) of (address)
And: (name of patient's guardian or agent, if any) of (address)
And: (name of nearest relative, unless patient objects) of (address)
Take notice that (name of formal patient) is entitled to have the
physician's opinion about his/her competence to make treatment
decisions reviewed by a review panel by sending to the chair of the
review panel an Application for Review Panel Hearing, in Form 12.
Dated this day of , 20 .
(signature of representative
of board of facility)
(printed name of representative)
Form 12
Application For Review Panel Hearing
Mental Health Act
Sections 27(3), 29(2), 33 and 38(1)
To: (print name of chair of the review panel)
(address of chair)
I, (printed name of applicant), of (printed address of applicant) bearing
a relationship of (self, relative, guardian, agent, physician, other) to
(name of patient), apply
? under
section 27(3) of the Act for a review of the attached
Certificate of Incompetence to Make Treatment Decisions
dated
and signed by .
? under
section 29(2) of the Act for an order directing that the
following treatment (nature of treatment) be administered to
(name of formal patient).
? under
section 33 of the Act for an order transferring (name of
patient) back to (name of correctional facility).
? under
section 38(1) of the Act for cancellation of admission
certificates or renewal certificates issued on (date of issue).
(Choose one and place an X in the appropriate box.)
Dated this day of , 20 .
(signature of applicant)
Notice
Mental Health Act
I (do) (do not) object to my nearest relative being informed of the
review panel hearings.
(signature of patient)
(printed name of patient)
Form 13
Notice of Hearing Before Review Panel
Mental Health Act
Section 40
Application received
by the review panel
(date)
Take notice that a hearing will be held
? under
section 27(3) of the Act, for a review of the
physician's opinion in the attached Certificate of
Incompetence to Make Treatment Decisions relating to
(name of formal patient) dated and signed
by .
? under
section 29(2) of the Act, for an order directing that the
following treatment (nature of treatment) may be
administered to (name of formal patient) .
? under
section 33 of the Act, for an order transferring (name
of patient) back to a correctional facility.
? under
section 38(1) of the Act, for cancellation of admission
certificates or renewal certificates relating to (name of formal
patient).
? under
section 39 of the Act, for cancellation of renewal
certificates relating to (name of formal patient).
(Choose one and place an X in the appropriate box.)
The review panel will hear the application on (date) at (time)
at (place) .
(date of issue)
(signature of chair
of review panel)
(printed name of chair)
(address)
Form 14
Decision of Review Panel
Regarding Mental Incompetence
to Make Treatment Decisions
Mental Health Act
Sections 27(3) and 41
The formal patient (does) (does not) object to the nearest relative,
(name of nearest relative), receiving notice of the decision.
The review panel has heard and considered the application of (name of
formal patient) and has decided
? to cancel the attached Certificate of Incompetence to Make
Treatment Decisions dated and signed by .
? to refuse to cancel the Certificate of Incompetence to Make
Treatment Decisions dated and signed by .
(Place an X in the appropriate box.)
Date of decision:
This decision may be appealed to the Court of Queen's Bench within
14 days after receipt of this decision.
(signature of chair
of review panel)
(printed name of chair)
Form 15
Decision of Review Panel
Regarding Treatment
Mental Health Act
Sections 29(2) and 41
The formal patient (does) (does not) object to the nearest relative,
(name of nearest relative), receiving notice of the decision.
The review panel has heard and considered the application of (name of
board representative or physician) and has decided
? to make an order authorizing the following treatment (nature
of treatment) to be administered to (name of formal patient).
? to refuse to make an order authorizing the following
treatment (nature of treatment) to be administered to (name
of formal patient).
(Place an X in the appropriate box.)
Date of decision:
This decision may be appealed to the Court of Queen's Bench within
14 days after receipt of this decision.
(signature of chair
of review panel)
(printed name of chair)
Form 16
Decision of Review Panel Regarding Transfer
Back to a Correctional Facility
Mental Health Act
Sections 33 and 41
The formal patient (does) (does not) object to the nearest relative,
(name of nearest relative), receiving notice of the decision.
The review panel has heard and considered the application of (name of
applicant) and has decided
? to order that (name of patient) be transferred back to (name
of correctional facility).
? to refuse to make an order.
? to cancel the admission certificates or renewal certificates, if
any.
? to refuse to cancel admission certificates or renewal
certificates for the following reasons: .
(Place an X in the appropriate box(es).)
Date of decision:
This decision may be appealed to the Court of Queen's Bench within
14 days after receipt of this decision.
(signature of chair
of review panel)
(printed name of chair)
Form 17
Decision of Review Panel Regarding Admission
Certificates or Renewal Certificates
Mental Health Act
Sections 38(1) and 41
The formal patient (does) (does not) object to the nearest relative,
(name of nearest relative), receiving notice of the decision.
The review panel has heard and considered the application of (name of
applicant), bearing a relationship of (self, agent, guardian, other) to
(name of formal patient), and has decided
? to cancel the admission certificates or renewal certificates
relating to (name of formal patient).
? to refuse to cancel the admission certificates or renewal
certificates relating to (name of formal patient) for the
following reasons: .
(Place an X in the appropriate box.)
Date of decision:
This decision may be appealed to the Court of Queen's Bench within
14 days after receipt of this decision.
(signature of chair
of review panel)
(printed name of chair)
Form 18
Decision of Review Panel Regarding Renewal
Certificates (Deemed Application)
Mental Health Act
Sections 39 and 41
The formal patient (does) (does not) object to the nearest relative,
(name of nearest relative), receiving notice of the decision.
The review panel has heard and considered an application deemed by
section 39 of the Act to have been made by (name of formal patient)
and has decided
? to cancel the renewal certificates relating to (name of formal
patient).
? to refuse to cancel the renewal certificates relating to (name
of formal patient) for the following reasons:
(Place an X in the appropriate box.)
Date of decision:
This decision may be appealed to the Court of Queen's Bench within
14 days after receipt of this decision.
(signature of chair
of review panel)
(printed name of chair)
THE ALBERTA GAZETTE,
PART II, JULY 15 2004
- 590 -
THE ALBERTA GAZETTE,
PART II, JULY 15, 2004
- -
THE ALBERTA GAZETTE,
PART II, JULY 15 2004
- 591 -
THE ALBERTA GAZETTE,
PART II, JULY 15, 2004
AR 126/2004 INCOME AND EMPLOYMENT SUPPORTS
- 592 -
THE ALBERTA GAZETTE,
PART II, JULY 15 2004
- 593 -
THE ALBERTA GAZETTE,
PART II, JULY 15, 2004
AR 129/2004 PUBLIC SECTOR PENSION PLANS
- 619 -