Alberta Gazette — 14 November 2020 (Part II)
14 November 2020
Alberta — Gazette
Alberta Regulation 191/2020
Local Authorities Election Act
DEFICIT ELIMINATION TRANSITIONAL
REPEAL REGULATION
Filed: October 16, 2020
For information only: Made by the Minister of Municipal Affairs (M.O.
MSD:080/20) on October 7, 2020, pursuant to
section 147.91(1)(
b) of the Local
Authorities Election Act.
1 The Deficit Elimination Transitional Regulation
(AR 36/2019) is repealed.
2 This Regulation has effect on December 31, 2020.
--------------------------------
Alberta Regulation 192/2020
Alberta Order of Excellence Act
INSIGNIA AMENDMENT REGULATION
Filed: October 21, 2020
For information only: Made by the Lieutenant Governor in Council (O.C. 315/2020)
on October 21, 2020 pursuant to
section 6 of the Alberta Order of Excellence Act.
1 The Insignia Regulation (AR 85/99) is amended by this
Regulation.
Section 1 is amended by striking out "consists of a medal
which may be worn by a member around the neck" and substituting
"must be worn in accordance with the Guide for the Wearing of
Orders, Decorations and Medals published by the Office of the
Secretary to the Governor General, as amended or replaced from time
to time."
Section 2 is repealed and the following is substituted:
Description of insignia
2 The insignia of the Alberta Order of Excellence consists of a
medal and ribbon which is described in the Schedule.
4 The following
Schedule is added at the end of the
Regulation:
Schedule
Description of Insignia
The medal measures no more than 51 millimetres across and is
between 2.5 millimetres and 3 millimetres thick, and has a ring
attachment for the ribbon. The medal is in the form of a cross having
four translucent arms that are enamelled in blue and are convex, with
gold detail underneath the enamel representing prairie wheat. Roses
and rose leaves that are part burnished gold and portray the floral
emblem of Alberta are contained in the angles of the cross. The coat of
arms of Alberta is highlighted in the central circle which is surrounded
by an enamel ring containing the title "The Alberta Order of
Excellence". On the reverse is the maple leaf emblem of Canada,
supported by a wreath of wheat.
The ribbon measures 40 millimetres in width and is composed of 9
adjacent colour bars arranged in a pattern from outside edge to outside
edge as follows:
(
a) a royal blue colour bar 10 millimetres in width;
(
b) a white colour bar 3.33 millimetres in width;
(
c) a gold colour bar 1.66 millimetres in width;
(
d) a white colour bar 3.33 millimetres in width;
(
e) a burgundy colour bar 3.33 millimetres in width;
(
f) a white colour bar 3.33 millimetres in width;
(
g) a gold colour bar 1.66 millimetres in width;
(
h) a white colour bar 3.33 millimetres in width;
(
i) a royal blue colour bar 10 millimetres in width.
Alberta Regulation 193/2020
Government Organization Act
DESIGNATION AND TRANSFER OF
RESPONSIBILITY AMENDMENT REGULATION
Filed: October 21, 2020
For information only: Made by the Lieutenant Governor in Council (O.C. 316/2020)
on October 21, 2020 pursuant to
section 16 of the Government Organization Act.
1 The Designation and Transfer of Responsibility
Regulation (AR 44/2019) is amended by this Regulation.
Section 1(1)(
b) and (
c) are repealed.
Section 2 is amended
(
a) in subsection (1)(
e) by striking out "73,";
(
b) in subsection (2)(
b) by striking out "73,".
Section 3 is amended
(
a) in subsection (1)
(
i) in clause (
l) by adding "and Dealership" after
"Implement";
(ii) by repealing clause (m);
(
b) by adding the following after subsection (2):
(2.1) The responsibility for the Property Rights Advocate Act is
transferred to the Minister of Agriculture and Forestry.
Section 6(1) is amended by adding the following after
clause (d):
(d.1) Family Day Act;
Section 7 is repealed.
Section 8(1)(
e) and (3) are repealed.
Section 10(1)(
j) and (
u) are repealed.
Section 11(1) is amended
(
a) by repealing clause (k);
(
b) by adding the following after clause (l):
(l.1) Health Facilities Act;
(
c) by repealing clauses (
m) and (cc).
10 The following is added after
section 13:
Jobs, Economy and Innovation
13.1(1) The Minister of Jobs, Economy and Innovation is
designated as the Minister responsible for the following enactments:
(
a) Alberta Enterprise Corporation Act;
(
b) Alberta Research and Innovation Act;
(
c) Film and Television Tax Credit Act;
(
d) Interactive Digital Media Tax Credit Act;
(
e) International Interests in Mobile Aircraft Equipment Act;
(
f) International Trade and Investment Agreements
Implementation Act;
(
g) Investing in a Diversified Alberta Economy Act;
(
h) Northern Alberta Development Council Act;
(
i) Promoting Job Creation and Diversification Act;
(
j) Settlement of International Investment Disputes Act;
(
k) Travel Alberta Act.
(2) The responsibility for the following enactments is transferred to
the Minister of Jobs, Economy and Innovation:
(
a) Alberta Investment Attraction Act;
(
b) Commercial Tenancies Protection Act.
Section 14 is amended
(
a) in subsection (1)
(
i) by adding the following after clause (q):
(q.1) Critical Infrastructure Defence Act;
(ii) by adding the following after clause (qqq):
(qqq.01) Protecting Survivors of Human Trafficking Act;
(iii) by adding the following after clause (qqq.1):
(qqq.2) Provincial Administrative Penalties Act;
(iv) by adding the following after clause (zzz):
(zzz.1) Referendum Act;
(
v) by repealing clause (mmmm) and substituting
the following:
(mmmm) Victims of Crime and Public Safety Act;
(
b) by repealing subsection (2)(c).
12 The following is added after
section 16:
Natural Gas and Electricity
16.01 The Associate Minister of Natural Gas and Electricity
continues to be responsible for the Utility Payment Deferral
Program Act.
Section 19 is amended
(
a) in subsection (1)(
h) by adding "(g.1)," after "64(a), (d),
(f), (g),";
(
b) in subsection (4) by adding "(g.1)," after "64(a), (d),
(f), (g),".
Alberta Regulation 194/2020
Judicature Act
ALBERTA RULES OF COURT
AMENDMENT REGULATION
Filed: October 21, 2020
For information only: Made by the Lieutenant Governor in Council (O.C. 317/2020)
on October 21, 2020 pursuant to
section 28.1 of the Judicature Act.
1 The Alberta Rules of Court (AR 124/2010) is amended by
this Regulation.
2 Rule 6.30 is amended by striking out "a judge" and
substituting "the Court".
3 Rule 6.33 is repealed and the following is substituted:
Judge or master assigned to application
6.33 A restricted court access application must be heard and
decided by
(
a) the judge or master assigned to hear the application, trial or
other proceeding in respect of which the restricted court
access order is sought,
(
b) if the assigned judge or master is not available or no judge or
master has been assigned, the case management judge for the
action, or
(
c) if there is no judge or master available to hear the application
as set out in clause (
a) or (b), the Chief Justice or a judge
designated for the purpose by the Chief Justice.
4 Rule 11.35(1) is amended by striking out "Part 3, Division
4" and substituting "Part 3, Division 3, Subdivision 4".
5 Rule 12.65(2) is repealed and the following is
substituted:
(2) The Court may, on application made not later than 3 months
following the dismissal of the appeal
(
a) reinstate an appeal that has been dismissed under this rule,
and
(
b) provide direction to the appellant regarding the time for filing
the transcript.
(3) Rule 13.5 does not apply to a time period referred to in this rule.
6 Rule 13.21(3) is repealed and the following is
substituted:
(3) An exhibit to an affidavit must be attached or appended to the
affidavit when the affidavit is filed unless the exhibit is adequately
identified and the affidavit states a reason for not attaching or
appending the exhibit, which includes the following:
(
a) the physical characteristics of the exhibit;
(
b) the confidentiality of the exhibit or its content;
(
c) the exhibit has already been filed;
(
d) any other appropriate reason.
(4) Exhibits that are not attached to an affidavit under subrule
(3) shall be available for inspection and copying by the other parties to
the litigation, subject to the direction of the Court.
(5) Any interested person who is not a party to the action may apply
to the Court for access to the exhibit, which may be granted on such
7 Rule 13.41 is amended
(
a) in subrule (2)
(
i) by repealing clause (
a) and substituting the
following:
(
a) if sent by electronic means, including by electronic
mail,
(ii) by striking out "or" at the end of clause (
b) and
by adding the following after clause (b):
(b.1) if circumstances require, on the personal
attendance at the court office by the party or
person concerned or a person on that party's or
person's behalf, or
(iii) in clause (
c) by striking out ", which may include
filing by fax or electronic mail, or both";
(
b) by repealing subrule (4) and substituting the
following:
(4) Notwithstanding subrule (2)(a), where the court clerk has
filed an affidavit submitted by electronic means, the party or
person who submitted the affidavit for filing must
(
a) keep the original paper version of the affidavit until the
earlier of
(
i) the date on which the proceeding, including any
appeal, is finally disposed of,
(ii) the date on which the appeal period for that
proceeding has expired if no notice of appeal
respecting the proceeding has been filed within
that period, and
(iii) the date on which the court clerk requests that the
original paper version be filed,
(
b) on request, make the original paper version of the
affidavit available for inspection by the other parties or
their lawyer and by the Court, and
(
c) if a request is made under clause (a)(iii), submit the
original paper version of the affidavit for filing within
15 days after that request is received.
8 Rule 14.32(5) is repealed.
Schedule A is amended in Division 2
(
a) by striking out
Affidavit of Applicant
12.50(3)
FL-23
Affidavit of Applicants (Joint)
12.50(3)
FL-24
and substituting
Affidavit of Applicant for Divorce
12.50(3)
FL-23
Affidavit of Applicants for Divorce
(Joint)
12.50(3)
FL-24
(
b) by repealing Forms FL-23 and FL-24 and
substituting the following:
Form FL-23
[Rule 12.50(3)]
Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
PLAINTIFF
DEFENDANT
DOCUMENT AFFIDAVIT OF APPLICANT
FOR DIVORCE
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
AFFIDAVIT of (name)
Sworn/Affirmed on , 20 .
I, (name) , of (city/town) , Alberta,
swear/affirm:
PARTIES
1. I am the
[] Plaintiff
[] Defendant
[] Plaintiff by Counterclaim
[] Defendant by Counterclaim
CLAIM FOR DIVORCE
2. I have reviewed the [] Statement of Claim for Divorce
[] Counterclaim for Divorce
filed in this action and (check the box that applies)
[] all of the information contained in it continues to be true.
[] I ask the Court's permission to amend the
[] Statement of Claim for Divorce
[] Counterclaim for Divorce
to reflect that (check all boxes that apply and provide the
necessary details)
[] my name should be the same as it is on the
marriage certificate.
[] my spouse's name should be the same as it is on
the marriage certificate.
[] the date of the marriage should be (date) .
[] the place of the marriage should be (city,
province and country, if outside Canada) .
[] the name(
s) or date(
s) of birth of the following
child(ren) of the marriage should be
(name(
s) or date(s)) .
[] the child(ren), (name(s) , is/are over the age
of majority and no longer dependent on either of
us.
[] other: (specify)
SERVICE
3. (Check the box that applies.)
[] I identify the person in the picture attached as
Exhibit to the filed Affidavit of Service of the
Statement of Claim for Divorce as my spouse, who is the
[] Plaintiff [] Defendant
in this action.
[] I am proceeding on the Counterclaim for Divorce which
was served on the Plaintiff (Defendant by Counterclaim)
in the following manner: (describe)
[] I have obtained an Order granted by (name of Justice)
on (date) which directed service of the
[] Statement of Claim for Divorce
[] Counterclaim for Divorce
as follows: (describe)
MARRIAGE
4. I was married to my spouse on (date) at (city,
province and country, if outside Canada) .
(Check the box that applies.)
(If the marriage was performed in Canada, it is expected that
a marriage certificate will be provided.)
[] Attached as Exhibit to this Affidavit is the marriage
certificate issued by (province of Canada) . The
information on the marriage certificate about our marriage
is correct (except (specify any exceptions) ).
(If the marriage was performed outside Canada, the
marriage must be proven by setting out the circumstances.
You may use the following statement if it is accurate or make
changes to it to set out the details of your marriage. You may,
but are not required to, attach the marriage certificate.)
[] The marriage ceremony was performed by (name of
officiant) , a (title of officiant) who I understand
had authority to perform the marriage in the country
where we were married. There were two witnesses,
namely (full name of witness 1) and (full name of
witness 2) . During the ceremony, my spouse and I
exchanged promises to live together as spouses, and were
pronounced to be married. After the ceremony, we lived
together as spouses, considered ourselves to be legally
married and held ourselves out to the community as
legally married.
RESIDENCE
5. I was (or my spouse was) habitually resident in Alberta on
the date my Statement of Claim for Divorce was filed with
the Court and for a period of at least one year immediately
preceding that date.
GROUNDS
6. There has been a breakdown of the marriage as follows:
(check all boxes that apply)
[] (
a) I separated from my spouse on (date) . My
spouse and I were living separate and apart when the
Statement of Claim for Divorce was filed with the
Court, and we have now lived separate and apart for
at least one year.
[] (
b) Since the date of the marriage my spouse has
committed adultery as evidenced by (check the box
that applies)
[] my spouse's Affidavit of Adultery, filed in this
proceeding.
[] other: (explain, providing only information
that is within your personal knowledge)
[] (
c) Since the date of the marriage my spouse has treated
me with mental and/or physical cruelty that has made
it intolerable for us to continue to live together. The
details of the cruelty are (specify the details of the
conduct that you allege establishes the existence of
mental and/or physical cruelty) .
BARS TO DIVORCE
7. In applying for this divorce, I have not made a plan or
agreement with my spouse or another individual, directly or
indirectly, to lie or hide evidence or to deceive the Court.
(Check the boxes for paragraphs 8 and 9 only if paragraph 6(
b) or
(
c) indicates the breakdown of the marriage occurred as a result
of adultery or mental and/or physical cruelty.)
[] 8. I have not encouraged my spouse to act in the manner
described in paragraph 6(
b) and/or (
c) above, nor have I done
anything that could reasonably have led my spouse to believe
that I would agree to or not object to such acts.
[] 9. I have not forgiven my spouse for committing the acts
described in paragraph 6(
b) and/or 6(
c) above.
RECONCILIATION
10. There is no possibility of reconciliation between my spouse
and me.
COROLLARY RELIEF
(parenting, child support and/or spousal support)
11. Regarding the issues of corollary relief in these proceedings,
(check the box that applies)
[] I am requesting an order for corollary relief as part of my
application for a divorce judgment.
[] an order to sever the corollary relief proceedings from the
divorce proceedings was granted by the Honourable
Justice (name of Justice) on (date) , which was
(check the box that applies)
[] less than 6 months ago.
[] 6 months ago or more.
(If an order to sever the corollary relief proceedings from the
divorce proceedings was granted, you may need to adjust
paragraphs 12 to 18 below to apply to your situation.)
PROTECTION ORDERS, CHILD PROTECTION ORDERS OR
CRIMINAL PROCEEDINGS OR ORDERS
12. (
a) Criminal proceedings or orders
(Criminal charges are charges for offences under the
Criminal Code (Canada) or other federal Acts such as the
Controlled Drugs and Substances Act (Canada).
Proceedings related to criminal charges take place in
criminal court.)
(
i) The details of any current criminal charges against
me are as follows: (specify)
(ii) The details of any conditions (for example, under a
judicial interim release (bail) order, recognizance
(peace bond), probation order or parole order) that I
am required to follow in relation to a criminal
proceeding are as follows:
(specify)
(iii) To the best of my knowledge, the details of any
criminal charges against my spouse or conditions (for
example, under a judicial interim release (bail)
order, recognizance (peace bond), probation order
or parole order) that my spouse is required to follow
in relation to a criminal proceeding are as follows:
(specify)
(
b) Child protection proceedings or orders
(The function of the child protection system (or child
welfare system) is to protect children from harm and help
parents care for their children.)
To the best of my knowledge, the details of any current
involvement of the child protection/child welfare system
with me, my spouse or any child(ren) of the marriage are
as follows: (specify)
(
c) Civil protection proceedings or orders
(A civil protection order is an order made against a
person to protect another person's safety, for example, a
protection order under the Protection Against Family
Violence Act, a civil or family law restraining order or a
proceeding in relation to such an order.)
To the best of my knowledge, the details of any civil
protection orders or proceedings (including protection
orders under the Protection Against Family Violence Act
or civil or family restraining orders) involving me or my
spouse are as follows:
(specify)
CHILDREN
13. Children of the marriage, as defined by the Divorce Act
(Canada) (check the box that applies)
[] There are no children of the marriage.
[] The children of the marriage are
Full name
Birthdate
Lives with (include location)
(List all children of the marriage who have lived with the spouses
at any time during the spouses' cohabitation, even if no claim is
being made with respect to that child. If a child is living with
someone other than the spouses, identify where and with whom the
child is living.)
PARENTING AND FINANCIAL ARRANGEMENTS FOR CHILDREN
14. Court orders relating to the children of the marriage
(check the box that applies)
[] There are no court orders in place relating to the child(ren)
of the marriage.
[] Attached as Exhibit to this Affidavit are copies of all
court orders in place relating to the child(ren) of the
marriage, including any orders under the Family Law Act
or the Child, Youth and Family Enhancement Act.
15. Agreements relating to the children of the marriage
(check the box that applies)
[] There are no written agreements between my spouse and
me or with a third party relating to the child(ren) of the
marriage.
[] There is a written agreement between my spouse and me
or with a third party relating to the child(ren) of the
marriage. Attached as Exhibit to this Affidavit is a
copy of (check the box that applies)
[] the entire written agreement.
[] the relevant portions of the written agreement.
(Include the first page, the signature pages, the
certificates of independent legal advice and any
pages relating to the child(ren) of the marriage.)
16. Parenting arrangements
(
a) I ask the Court to allow the parenting arrangement set out
in the proposed Divorce Judgment and Corollary Relief
Order, because (check the box that applies)
[] my spouse has signed their consent on the proposed
Divorce Judgment and Corollary Relief Order.
[] my spouse has not signed their consent on the
proposed Divorce Judgment and Corollary Relief
Order, but these arrangements are set out in the
written agreement referred to in paragraph 15 above.
[] my spouse has not signed their consent on the
proposed Divorce Judgment and Corollary Relief
Order, but these arrangements were proposed in the
Statement of Claim and my spouse has been noted in
default.
[] other: (explain)
(
b) I believe that the proposed parenting arrangement is in the
best interests of the child(ren) of the marriage because
(explain) .
(Refer to the factors set out in
section 16 of the Divorce
Act (Canada), and in particular the physical, emotional
and psychological safety, security and well-being of the
child(ren).)
17. Child support arrangements
(Information regarding income and expenses must be current
at the date this Affidavit is sworn/affirmed.)
(
a) My Guideline income is $ (Guideline income amount) ,
based on the following: (check all boxes that apply)
[] income tax return for the (year) taxation year;
[] an estimate of annual income based on current pay
stubs;
[] other: (specify)
(
b) I believe my spouse's Guideline income is
$ (Guideline income amount) , based on the following:
(check all boxes that apply)
[] income tax return for the (year) taxation year;
[] an estimate of annual income based on current pay
stubs;
[] other: (specify)
(
c) Special or extraordinary expenses for the child(ren) of the
marriage: (check the box that applies)
[] There are no special or extraordinary expenses being
claimed at this time.
[] Special or extraordinary expenses are being claimed
as follows:
(
i) The special or extraordinary expenses that are
set out in the proposed Divorce Judgment and
Corollary Relief Order are (Check all boxes that
apply. Provide gross annual amounts paid,
unless they are shared as they arise.)
[] child care expenses of $ (yearly
amount) per year incurred as a result of
[] my [] my spouse's
employment, illness, disability or
education or training for employment.
[] medical/dental insurance premiums related
to the children of $ (yearly amount) per
year.
[] health-related expenses, which exceed
insurance reimbursement by at least
$100.00 per year, of
$ (yearly amount) per year.
[] extraordinary education expenses of
$ (yearly amount) per year for primary
or secondary school education or for any
other educational programs that meet the
child's particular needs.
[] post-secondary education expenses of
$ (yearly amount) per year.
[] extraordinary expenses of $ (yearly
amount) per year for extracurricular
activities.
(ii) I provide the following information regarding
the special or extraordinary expenses identified
above:
(describe)
(Include a description of each health-related,
education and extracurricular activity expense
being claimed.)
(iii) I acknowledge that the Director of Maintenance
Enforcement is unable to enforce special or
extraordinary expenses if they are not properly
identified in the Divorce Judgment and
Corollary Relief Order (for example, if the
judgment does not include a fixed dollar
amount, or if the judgment requires the parties
to pay a percentage or proportionate share of
expenses but does not clearly state which
expenses are to be shared).
(
d) The child support that is set out in the proposed Divorce
Judgment and Corollary Relief Order is (check all boxes
that apply)
[] based on the standard Federal Child Support
Guidelines calculation.
[] an amount different from the standard Federal Child
Support Guidelines calculation. (Complete the
portion of paragraph (
g) that applies.)
[] other: (specify)
(e) (Complete only if you are seeking an order that insurance
coverage be maintained for the child(ren) of the
marriage.)
(
i) Medical and/or dental insurance is available to
[] me and/or [] my spouse
through employment or otherwise at a reasonable
rate.
(ii) I am seeking an order that coverage be obtained or
maintained for the child(ren) under
[] my and/or [] my spouse's
medical and/or dental insurance policy(ies) so long
as coverage is available.
(
f) Attached as Exhibit to this Affidavit is the Federal
Child Support Guidelines Calculation Sheet.
(g) (Complete only if the proposed amount of child support is
different from the child support guidelines calculation.)
I have proposed an amount of child support for the
child(ren) that is different from the standard Federal Child
Support Guidelines amount. I believe it would be
inappropriate to use the standard Federal Child Support
Guidelines amount for the reasons set out below. I provide
the following information relevant to the proposed child
support arrangements: (check all boxes that apply)
[] (
i) Children over the age of majority
(18 years of age or older)
I believe it would be inappropriate to calculate child
support as if the child(ren) who is/are 18 years of age
or older were under 18 years old because
(explain) .
(Explain why you chose the proposed amount and
why you believe that using the Federal Child Support
Guidelines amount would be inappropriate. Include
information about the condition, means, needs and
other circumstances of the child(ren) and the
financial ability of each spouse to contribute to the
support of the child(ren).)
[] (ii) Shared parenting
(Shared parenting arrangements do not result in an
automatic set-off of child support amounts. The
Court needs information to assess whether a set-off
is required and/or appropriate.)
(
A) Under the proposed parenting arrangement
outlined above, the child(ren) will be in my care
approximately % of the time and in my
spouse's care approximately % of the time.
(
B) The increased costs to me and/or my spouse
resulting from this proposed shared parenting
arrangement are
(explain) .
(
C) I provide the following additional information
regarding the condition, means, needs and other
circumstances of the child(ren) for whom child
support is requested and of the spouses:
(explain)
(Explain why you chose the proposed amount
and why you believe that using the Federal
Child Support Federal Guidelines amount
would be inappropriate. Include information
about the condition, means, needs and other
circumstances of the child(ren), the financial
ability of each spouse to contribute to the
support of the child(ren), who pays the
day-to-day expenses for the child(ren), who lives
in each household, the standard of living for the
children in each household, etc.)
[] (iii) Payor's income over $150 000 per year
The payor's income is over $150 000 per year. I
believe it would be inappropriate to use the standard
Federal Child Support Guidelines amount because
(explain) .
(Explain why you chose the proposed amount and
why you believe that using the Federal Child Support
Guidelines amount would be inappropriate. Include
information about the condition, means, needs and
other circumstances of the child(ren) and the
financial ability of each spouse to contribute to the
support of the child(ren).)
[] (iv) Undue hardship
(
A) The child support amount that would be payable
under the Federal Child Support Guidelines
would cause undue hardship to
[] me,
[] my spouse, and/or
[] the child(ren)
because of
[] unusually high levels of debt. The debts
came from supporting our family before
my spouse and I separated or from
expenses incurred for
[] me and/or [] my spouse
to earn a living. Details of these debts are
(explain) .
(Provide details of the debts, when and why
they were incurred, amounts owing and
monthly payments required.)
[] unusually high expenses for
[] me and/or [] my spouse
to visit the child(ren). Details of these
expenses are (explain) .
(Provide details of the expenses, when and
why they are incurred and by which spouse.)
[] a legal duty under a judgment, order or
written agreement for
[] me or [] my spouse
to support another child and/or adult person.
A copy of the judgment, order or written
agreement is attached as Exhibit to
this Affidavit.
[] a legal duty for
[] me or [] my spouse
to support (
a) child(ren) other than the
child(ren) of the marriage. Details of this
legal duty are
(explain) .
(Provide details of the child(ren) supported,
which spouse pays the support, the amounts
of support and the source of the legal duty.)
[] a legal duty for
[] me or [] my spouse
to support a person who is unable to be
self-supporting due to an illness or
disability. Details of this legal duty
are (explain) .
(Provide details of the person supported and
the nature of their illness or disability,
which spouse pays the support, the amounts
of support and the source of the legal duty.)
[] other: (explain)
(
B) I provide the following information to compare
my household standard of living with that of my
spouse:
(
I) The details of all individuals in my
household are as follows: (Provide this
information for every member of the
household.)
Full name
Annual income
Employed at
(II) The details of all individuals in my
spouse's household, to the best of my
knowledge, are as follows:
(Provide this information for every
member of the household.)
Full name
Annual income
Employed at
(III) Attached as Exhibit to this Affidavit is
the completed Comparison of Household
Standards of Living Using Calculated
Child Support.
[] (
v) Spouse standing in place of a parent
(A) [] I stand or [] my spouse stands
in the place of a parent for the following
child(ren): (explain)
(
B) The details of any other parent's legal duty to
support the child(ren) are as follows:
(explain)
(
C) I believe an amount of $ per month
payable
[] by me to my spouse, or
[] by my spouse to me
is an appropriate amount of child support for the
child(ren), having regard to the Federal Child
Support Guidelines and any other parent's duty
to support the child(ren), because
(explain) .
[] (vi) Deviation from the Federal Child
Support Guidelines
I believe that the amount of child support set out in
the proposed Divorce Judgment and Corollary Relief
Order is appropriate because (check all applicable
boxes)
[] my spouse and I have consented to the proposed
child support arrangement. I believe that this is a
reasonable arrangement for the support of the
child(ren) of the marriage because
(explain) .
[] there are special provisions in the
[] order,
[] judgment,
[] written agreement,
a copy of which is attached as Exhibit to this
Affidavit, regarding
[] the financial obligations of my spouse and
me, and/or
[] the division or transfer of our family
property
that directly or indirectly benefit the child(ren)
of the marriage. Details of these special
provisions, and why I believe it would be
inequitable to apply the Federal Child Support
Guidelines, are
(explain) .
[] other special provisions have been made for the
benefit of the child(ren). Details of these special
provisions and why I believe it would be
inappropriate to apply the Federal Child Support
Guidelines are
(explain) .
[] (vii) Other information
(explain)
(Provide any other information you believe is
relevant for setting child support.)
SPOUSAL SUPPORT
18. (Check the box that applies.)
[] There is no agreement between me and my spouse
regarding spousal support, and
(check the box that applies)
[] I am not claiming spousal support from my spouse.
[] I am not claiming spousal support from my spouse at
this time, but I wish to reserve my right to apply for
spousal support in the future.
[] I am claiming spousal support from my spouse in the
amount of $ (specify amount and whether it is to be
paid periodically or in a lump sum) because
(explain) .
[] I am willing to pay spousal support to my spouse in
the amount of $ (specify amount and whether it is to
be paid periodically or in a lump sum) because
(explain) .
[] to the best of my knowledge, my spouse is not
claiming spousal support from me.
[] my spouse and I have entered into an agreement, with
independent legal advice, and the agreement provides that
(check the box that applies)
[] my spouse and I are both waiving any right to claim
spousal support.
[] spousal support is payable
[] by me to my spouse, or
[] by my spouse to me
as follows: (explain)
[] other: (explain the proposal respecting spousal
support and the reasons for it)
RELIEF REQUESTED
19. This Affidavit is made in support of an application for
a divorce judgment and (check all boxes that apply)
[] an order for a parenting arrangement;
[] an order for child support;
[] an order for spousal support;
[] an order that
[] the Plaintiff
[] the Defendant
[] both parties
maintain the
[] health and/or
[] dental insurance coverage
available through employment or otherwise for the
child(ren) of the marriage;
[] an order granting permission to amend the Statement of
Claim, as set out in paragraph 2;
[] Other: (specify any other relief that is requested)
[] costs of this action.
SWORN (OR AFFIRMED) BEFORE ME )
at , Alberta )
on , 20 . )
) Signature of Applicant
Commissioner for Oaths in and for Alberta
Form FL-24
[Rule 12.50(3)]
Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
SPOUSE 1
SPOUSE 2
DOCUMENT AFFIDAVIT OF APPLICANTS
FOR DIVORCE (JOINT)
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
SPOUSE 1
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
SPOUSE 2
AFFIDAVIT of (name of Spouse 1) and (name of Spouse 2)
Sworn/Affirmed on , 20 .
We, (name of Spouse 1) , of (city/town) ,
Alberta, and (name of Spouse 2) , of (city/town) ,
Alberta, severally swear/affirm:
PARTIES
1. I am the spouse of the other Applicant. The addresses for the
Applicants are
(
a) for Spouse 1: , and
(
b) for Spouse 2: .
JOINT STATEMENT OF CLAIM FOR DIVORCE
2. I have reviewed the Joint Statement of Claim for Divorce
filed in this action and (check the box that applies)
[] all of the information contained in it continues to be true.
[] my spouse and I agree that the Joint Statement of Claim
for Divorce should be amended to reflect that (check all
boxes that apply and provide the necessary details)
[] Spouse 1's name should be the same as it is on the
marriage certificate.
[] Spouse 2's name should be the same as it is on the
marriage certificate.
[] the date of the marriage should be (date) .
[] the place of the marriage should be (city, province
and country, if outside Canada) .
[] the name(
s) or date(
s) of birth of the following
child(ren) of the marriage should be (name(
s) or
date(s) .
[] the child(ren), (name(s)) , is/are over the age of
majority and no longer dependent on either of us.
[] other: (specify)
MARRIAGE
3. I was married to my spouse on (date) at
(city, province and country, if outside Canada) .
(Check the box that applies.)
(If the marriage was performed in Canada, it is expected that
a marriage certificate will be provided.)
[] Attached as Exhibit to this Affidavit is the marriage
certificate issued by (province of Canada) .
The information on the marriage certificate about our
marriage is correct (except (specify any exceptions) ).
(If the marriage was performed outside Canada, the
marriage must be proved by setting out the circumstances.
You may use the following statement if it is accurate, or make
changes to it to set out the details of your marriage. You may,
but are not required to, attach the marriage certificate.)
[] The marriage ceremony was performed by (name of
officiant) , a (title of officiant) who I understand
had authority to perform the marriage in the country
where we were married. There were two witnesses,
namely (full name of witness 1) and (full name of
witness 2) . During the ceremony, my spouse and I
exchanged promises to live together as spouses, and were
pronounced to be married. After the ceremony, we lived
together as spouses, considered ourselves to be legally
married and held ourselves out to the community as
legally married.
RESIDENCE
4. [] Spouse 1 [] Spouse 2 was/were habitually resident in
Alberta on the date the Joint Statement of Claim for Divorce
was filed with the Court and for a period of at least one year
immediately preceding that date.
GROUNDS
5. There has been a breakdown of the marriage as follows:
I separated from my spouse on (date) . My spouse and I
were living separate and apart when the Joint Statement of
Claim for Divorce was filed with the Court, and we have now
lived separate and apart for at least one year.
BARS TO DIVORCE
6. In applying for this divorce, I have not made a plan or
agreement with my spouse or another individual, directly or
indirectly, to lie or hide evidence or to deceive the Court.
RECONCILIATION
7. There is no possibility of reconciliation between my spouse
and me.
COROLLARY RELIEF
(parenting, child support and/or spousal support)
8. Regarding the issues of corollary relief in these proceedings,
(check the box that applies)
[] My spouse and I are requesting an order for corollary
relief as part of my application for a divorce judgment.
[] an order to sever the corollary relief proceedings from the
divorce proceedings was granted by the Honourable
Justice (name of Justice) on (date) , which was
(check the box that applies)
[] less than 6 months ago.
[] 6 months ago or more.
(If an order to sever the corollary relief proceedings from
the divorce proceedings was granted, you may need to adjust
paragraphs 9 to 15 below to apply to your situation.)
PROTECTION ORDERS, CHILD PROTECTION ORDERS OR
CRIMINAL PROCEEDINGS OR ORDERS
9. (
a) Criminal proceedings or orders
(Criminal charges are charges for offences under the
Criminal Code (Canada) or other federal Acts such as the
Controlled Drugs and Substances Act (Canada).
Proceedings related to criminal charges take place in
criminal court.)
(
i) The details of any current criminal charges against
me or my spouse are as follows: (specify)
(ii) The details of any conditions (for example, under a
judicial interim release (bail) order, recognizance
(peace bond), probation order or parole order) that
are required to be followed by me or my spouse in
relation to a criminal proceeding are as follows:
(specify)
(
b) Child protection proceedings or orders
(The function of the child protection system (or child
welfare system) is to protect children from harm and help
parents care for their children.)
The details of any current involvement of the child
protection/child welfare system with me, my spouse or
any child(ren) of the marriage are as follows:
(specify)
(
c) Civil protection proceedings or orders
(A civil protection order is an order made against a
person to protect another person's safety, for example, a
protection order under the Protection Against Family
Violence Act, a civil or family law restraining order or a
proceeding in relation to such an order.)
The details of any civil protection orders or proceedings
(including protection orders under the Protection Against
Family Violence Act or civil or family restraining orders)
involving me or my spouse are as follows:
(specify)
CHILDREN
10. Children of the marriage, as defined by the Divorce Act
(Canada) (check the box that applies)
[] There are no children of the marriage.
[] The children of the marriage are
Full name
Birthdate
Lives with (include location)
(List all children of the marriage who have lived with the spouses
at any time during the spouses' cohabitation, even if no claim is
being made with respect to that child. If a child is living with
someone other than the spouses, identify where and with whom the
child is living.)
PARENTING AND FINANCIAL ARRANGEMENTS FOR CHILDREN
11. Court orders relating to the children of the marriage
(check the box that applies)
[] There are no court orders in place relating to the child(ren)
of the marriage.
[] Attached as Exhibit to this Affidavit are copies of
all court orders in place relating to the child(ren) of the
marriage, including any orders under the Family Law Act
or the Child, Youth and Family Enhancement Act.
12. Agreements relating to the children of the marriage
(check the box that applies)
[] There are no written agreements between my spouse and
me or with a third party relating to the child(ren) of the
marriage.
[] There is a written agreement between my spouse and me
or with a third party relating to the child(ren) of the
marriage. Attached as Exhibit to this Affidavit is a
copy of (check the box that applies)
[] the entire written agreement.
[] the relevant portions of the written agreement.
(Include the first page, the signature pages, the
certificates of independent legal advice and any
pages relating to the child(ren) of the marriage.)
13. Parenting arrangements
(
a) My spouse and I ask the Court to allow the parenting
arrangement set out in the proposed Divorce Judgment
and Corollary Relief Order, to which we have signed our
consent.
(
b) My spouse and I believe that the proposed parenting
arrangement is in the best interests of the child(ren) of the
marriage because (explain) .
(Refer to the factors set out in
section 16 of the Divorce
Act (Canada), and in particular the physical, emotional
and psychological safety, security and well-being of the
child(ren).)
14. Child support arrangements
(Information regarding income and expenses must be current
at the date this Affidavit is sworn/affirmed.)
(
a) Spouse 1's Guideline income is $ (Guideline income
amount) , based on the following: (check all boxes that
apply)
[] income tax return for the (year) taxation year;
[] an estimate of annual income based on current pay
stubs;
[] other: (specify)
(
b) Spouse 2's Guideline income is
$ (Guideline income amount) , based on the following:
(check all boxes that apply)
[] income tax return for the (year) taxation year;
[] an estimate of annual income based on current pay
stubs;
[] other: (specify)
(
c) Special or extraordinary expenses for the child(ren) of the
marriage: (check the box that applies)
[] There are no special or extraordinary expenses being
claimed at this time.
[] Special or extraordinary expenses are being claimed
as follows:
(
i) The special or extraordinary expenses that are
set out in the proposed Divorce Judgment and
Corollary Relief Order are (Check all boxes that
apply. Provide gross annual amounts paid,
unless they are shared as they arise.)
[] child care expenses of $ (yearly
amount) per year incurred as a result of
[] Spouse 1's [] Spouse 2's
employment, illness, disability or
education or training for employment.
[] medical/dental insurance premiums related
to the children of $ (yearly amount) per
year.
[] health-related expenses, which exceed
insurance reimbursement by at least
$100.00 per year, of
$ (yearly amount) per year.
[] extraordinary education expenses of
$ (yearly amount) per year for primary
or secondary school education or for any
other educational programs that meet the
child's particular needs.
[] post-secondary education expenses of
$ (yearly amount) per year.
[] extraordinary expenses of $ (yearly
amount) per year for extracurricular
activities.
(ii) My spouse and I provide the following
information regarding the special or
extraordinary expenses identified above:
(describe)
(Include a description of each health-related,
education and extracurricular activity expense
being claimed.)
(iii) My spouse and I acknowledge that the Director
of Maintenance Enforcement is unable to
enforce special or extraordinary expenses if they
are not properly identified in the Divorce
Judgment and Corollary Relief Order (for
example, if the judgment does not include a
fixed dollar amount, or if the judgment requires
the parties to pay a percentage or proportionate
share of expenses but does not clearly state
which expenses are to be shared).
(
d) The child support that is set out in the proposed Divorce
Judgment and Corollary Relief Order is (check all boxes
that apply)
[] based on the standard Federal Child Support
Guidelines calculation.
[] an amount different from the standard Federal Child
Support Guidelines calculation.
(Complete the portion of paragraph (
g) that applies.)
[] other: (specify)
(e) (Complete only if you are seeking an order that insurance
coverage be maintained for the child(ren) of the
marriage.)
(
i) Medical and/or dental insurance is available to
[] Spouse 1 and/or [] Spouse 2
through employment or otherwise at a reasonable
rate.
(ii) My spouse and I are seeking an order that coverage
be obtained or maintained for the child(ren) under
[] Spouse 1's and/or [] Spouse 2's
medical and/or dental insurance policy(ies) so long
as coverage is available.
(
f) Attached as Exhibit to this Affidavit is the Federal
Child Support Guidelines Calculation Sheet.
(g) (Complete only if the proposed amount of child support is
different from the child support guidelines calculation.)
My spouse and I have proposed an amount of child
support for the child(ren) that is different from the
standard Federal Child Support Guidelines amount. We
believe it would be inappropriate to use the standard
Federal Child Support Guidelines amount for the reasons
set out below. We provide the following information
relevant to the proposed child support arrangements:
(check all boxes that apply)
[] (
i) Children over the age of majority
(18 years of age or older)
My spouse and I believe it would be inappropriate to
calculate child support as if the child(ren) who is/are
18 years of age or older were under 18 years old
because
(explain) .
(Explain why you chose the proposed amount and
why you believe that using the Federal Child Support
Guidelines amount would be inappropriate. Include
information about the condition, means, needs and
other circumstances of the child(ren) and the
financial ability of each spouse to contribute to the
support of the child(ren).)
[] (ii) Shared parenting
(Shared parenting arrangements do not result in an
automatic set-off of child support amounts. The
Court needs information to assess whether a set-off
is required and/or appropriate.)
(
A) Under the proposed parenting arrangement
outlined above, the child(ren) will be in
Spouse 1's care approximately % of the
time and in Spouse 2's care approximately
% of the time.
(
B) The increased costs to me and/or my spouse
resulting from this proposed shared parenting
arrangement are
(explain) .
(
C) My spouse and I provide the following
additional information regarding the condition,
means, needs and other circumstances of the
child(ren) for whom child support is requested
and of the spouses:
(explain)
(Explain why you chose the proposed amount
and why you believe that using the Federal
Child Support Federal Guidelines amount
would be inappropriate. Include information
about the condition, means, needs and other
circumstances of the child(ren), the financial
ability of each spouse to contribute to the
support of the child(ren), who pays the
day-to-day expenses for the child(ren), who lives
in each household, the standard of living for the
children in each household, etc.)
[] (iii) Payor's income over $150 000 per year
The payor's income is over $150 000 per year. My
spouse and I believe it would be inappropriate to use
the standard Federal Child Support Guidelines
amount because
(explain) .
(Explain why you chose the proposed amount and
why you believe that using the Federal Child Support
Guidelines amount would be inappropriate. Include
information about the condition, means, needs and
other circumstances of the child(ren) and the
financial ability of each spouse to contribute to the
support of the child(ren).)
[] (iv) Undue hardship
(
A) The child support amount that would be payable
under the Federal Child Support Guidelines
would cause undue hardship to
[] Spouse 1,
[] Spouse 2, and/or
[] the child(ren)
because of
[] unusually high levels of debt. The debts
came from supporting our family before
my spouse and I separated, or from
expenses incurred for
[] Spouse 1 and/or [] Spouse 2
to earn a living. Details of these debts are
(explain) .
(Provide details of the debts, when and why
they were incurred, amounts owing and
monthly payments required.)
[] unusually high expenses for
[] Spouse 1 and/or [] Spouse 2
to visit the child(ren). Details of these
expenses are (explain) .
(Provide details of the expenses, when and
why they are incurred and by which
spouse.)
[] a legal duty under a judgment, order or
written agreement for
[] Spouse 1 and/or [] Spouse 2
to support another child and/or adult person.
A copy of the judgment, order or written
agreement is attached as Exhibit to
this Affidavit.
[] a legal duty for
[] Spouse 1 and/or [] Spouse 2
to support (
a) child(ren) other than the
child(ren) of the marriage. Details of
this legal duty are
(explain) .
(Provide details of the child(ren)
supported, which spouse pays the support,
the amounts of support and the source of
the legal duty.)
[] a legal duty for
[] Spouse 1 and/or [] Spouse 2
to support a person who is unable to be
self-supporting due to an illness or
disability. Details of this legal duty are
(explain) .
(Provide details of the person supported
and the nature of their illness or disability,
which spouse pays the support, the amounts
of support and the source of the legal duty.)
[] other: (explain)
(
B) My spouse and I provide the following
information to compare Spouse 1's household
standard of living with that of Spouse 2:
(
I) The details of all individuals in Spouse 1's
household are as follows:
(Provide this information for every member
of the household.)
Full name
Annual income
Employed at
(II) The details of all individuals in Spouse 2's
household are as follows:
(Provide this information for every member
of the household.)
Full name
Annual income
Employed at
(III) Attached as Exhibit to this Affidavit
is the completed Comparison of Household
Standards of Living Using Calculated
Child Support.
[] (
v) Spouse standing in place of a parent
(A) [] Spouse 1 or [] Spouse 2
stands in the place of a parent for the following
child(ren): (explain)
(
B) The details of any other parent's legal duty to
support the child(ren) are as follows:
(explain)
(
C) My spouse and I believe an amount of
$ per month payable
[] by Spouse 1 to Spouse 2, or
[] by Spouse 2 to Spouse 1
is an appropriate amount of child support for the
child(ren), having regard to the Federal Child
Support Guidelines and any other parent's duty
to support the child(ren), because
(explain) .
[] (vi) Deviation from the Federal Child
Support Guidelines
My spouse and I believe that the amount of child
support set out in the proposed Divorce Judgment
and Corollary Relief Order is appropriate because
(check all applicable boxes)
[] my spouse and I have consented to the proposed
child support arrangement. I believe that this is a
reasonable arrangement for the support of the
child(ren) of the marriage because
(explain) .
[] there are special provisions in the
[] order,
[] judgment,
[] written agreement,
a copy of which is attached as Exhibit to
this Affidavit, regarding
[] the financial obligations of my spouse and
me, and/or
[] the division or transfer of our family
property
that directly or indirectly benefit the child(ren)
of the marriage. Details of these special
provisions, and why I believe it would be
inequitable to apply the Federal Child Support
Guidelines, are
(explain) .
[] other special provisions have been made for the
benefit of the child(ren). Details of these special
provisions and why I believe it would be
inappropriate to apply the Federal Child Support
Guidelines are
(explain) .
[] (vii) Other information
(explain)
(Provide any other information you believe is
relevant for setting child support.)
SPOUSAL SUPPORT
15. (Check the box that applies.)
[] There is no agreement between me and my spouse
regarding spousal support and (check the box that applies)
[] no claim for spousal support is being made.
[] no claim for spousal support is being made at this
time but my spouse and I wish to reserve our rights
to apply for spousal support in the future.
[] My spouse and I have entered into an agreement, with
independent legal advice, and the agreement provides that
(check the box that applies)
[] my spouse and I are both waiving any right to claim
spousal support.
[] spousal support is payable
[] by Spouse 1 to Spouse 2, or
[] by Spouse 2 to Spouse 1
as follows: (explain)
[] Other: (explain the proposal respecting spousal
support and the reasons for it)
RELIEF REQUESTED
16. This Affidavit is made in support of a joint application
for a divorce judgment and (check all boxes that apply)
[] an order for a parenting arrangement;
[] an order for child support;
[] an order for spousal support;
[] an order that
[] Spouse 1
[] Spouse 2
[] both spouses
maintain the
[] health and/or
[] dental insurance coverage
available through employment or otherwise for the
child(ren) of the marriage;
[] other: (add any other relief that is requested)
[] (Address costs.)
SEVERALLY SWORN (OR AFFIRMED) )
BEFORE ME at , Alberta )
on , 20 . )
) Signature of Spouse 1
Commissioner for Oaths
in and for Alberta
SEVERALLY SWORN (OR AFFIRMED) )
BEFORE ME at , Alberta )
on , 20 . )
) Signature of Spouse 2
Commissioner for Oaths
in and for Alberta
Section 9 has effect on November 1, 2020.
Alberta Regulation 195/2020
Government Organization Act
ECONOMIC DEVELOPMENT AND TRADE GRANT
AMENDMENT REGULATION
Filed: October 21, 2020
For information only: Made by the Lieutenant Governor in Council (O.C. 320/2020)
on October 21, 2020 pursuant to
section 13 of the Government Organization Act.
1 The Economic Development and Trade Grant Regulation
(AR 5/2002) is amended by this Regulation.
2 The title is amended by striking out "ECONOMIC
DEVELOPMENT AND TRADE" and substituting "JOBS,
ECONOMY AND INNOVATION".
Section 1 is amended by striking out "Economic
Development and Trade" and substituting "Jobs, Economy and
Innovation".
--------------------------------
Alberta Regulation 196/2020
Traffic Safety Act
DRIVER TRAINING AND DRIVER EXAMINATION
AMENDMENT REGULATION
Filed: October 21, 2020
For information only: Made by the Minister of Transportation (M.O. 25/20) on
October 16, 2020 pursuant to
section 64(
b) and (c.1) of the Traffic Safety Act.
1 The Driver Training and Driver Examination Regulation
(AR 316/2002) is amended by this Regulation.
Section 1 is amended
(
a) by adding the following after clause (i):
(i.1) "family member" means spouse, adult interdependent
partner, child, parent, sibling, son-in-law, daughter-in-
law, father-in-law, mother-in-law, first cousin, aunt,
uncle, niece or nephew of a driver examiner;
(
b) by repealing clause (j.3) and substituting the
following:
(j.3) "registry agent" means a registry agent as defined in the
Government Organization Act;
Section 34 is repealed and the following is substituted:
Prohibition
34 A licensed driver examiner shall not collect fees, compensation,
commissions or any other consideration
(
a) directly from a tested person,
(
b) from a driver training school or instructor, or
(
c) in respect of conducting driver examinations from a registry
agent who is or whose owner, part owner, shareholder,
director or partner is a family member.
Section 35(2) is repealed and the following is
substituted:
(2) An examiner's licence is suspended during a period in which the
holder is
(
a) a registry agent or an owner, part owner, shareholder,
director or partner of a registry agent,
(
b) an employee of a registry agent who is or whose owner, part
owner, shareholder, director or partner is a family member,
(
c) a party to an agreement to conduct driver examinations with
a registry agent who is or whose owner, part owner,
shareholder, director or partner is a family member.
Section 40 is amended
(
a) in subsection (1)
(
i) by adding "or examining" after "good driver
training";
(ii) by striking out "or is not in accordance with the
licensed driver training school procedures manual" and
substituting "or is in accordance with the licensed
driver training school procedures manual or licensed
driver examiner procedures manual";
(
b) in subsection (2)
(
i) by adding "or examining" after "good driver
training";
(ii) by adding "or licensed driver examiner procedures
manual" after "licensed driver training school
procedures manual".
Section 49 is amended by adding the following after
subsection (3):
(4) An examiner's licence is cancelled from the time the conviction
is final if
(
a) the driver examiner is convicted of an offence under the
Criminal Code (Canada) that is related to the functions,
duties or business of a driver examiner, including, without
limitation, the offences of forgery, the use of false pretences,
bribery, extortion, conspiracy to defraud or theft or an
offence involving moral turpitude or the unlawful operation
of a vehicle, and
(
b) the conviction is final by reason of the expiry of the time for
appeal without the appeal having been made or the final
disposition of the appeal by the courts.
--------------------------------
Alberta Regulation 197/2020
Government Organization Act
REGISTRY SERVICE CHARGES
AMENDMENT REGULATION
Filed: October 22, 2020
For information only: Made by the Minister of Service Alberta (M.O. SA:019/2020)
on October 19, 2020 pursuant to
section 12(1) of
Schedule 12 of the Government
Organization Act.
1 The Registry Service Charges Regulation (AR 183/2005)
is amended by this Regulation.
Section 2.1 is repealed and the following is substituted:
Road test
2.1(1) In this section, "licensed driver examiner" means a licensed
driver examiner as defined in the Driver Training and Driver
Examination Regulation (AR 316/2002).
(2) If a registry agent does not provide a licensed driver examiner to
conduct a road test, the service charge payable to the registry agent
for processing the road test is $28.
(3) If a registry agent provides a licensed driver examiner to conduct
a road test, the service charges payable for the road test including for
the processing of the road test, up to and including March 31, 2021,
are as follows:
(
a) Class 4 $134;
(
b) Class 5 $76;
(
c) Class 5 Advanced $131;
(
d) Class 6 $136;
(
e) Class 6 Advanced $136.
(4) The service charges payable to a registry agent who provides a
licensed driver examiner to conduct a road test commencing on April
1, 2021 are the service charges set by each registry agent for the
following road tests:
(
a) Class 4;
(
b) Class 5;
(
c) Class 5 Advanced;
(
d) Class 6;
(
e) Class 6 Advanced.
Alberta Regulation 198/2020
Oil and Gas Conservation Act
Oil Sands Conservation Act
Responsible Energy Development Act
CURTAILMENT RULES AMENDMENT REGULATION
Filed: October 27, 2020
For information only: Made by the Lieutenant Governor in Council (O.C. 322/2020)
on October 27, 2020 pursuant to
section 10 of the Oil and Gas Conservation Act,
section 20 of the Oil Sands Conservation Act and
section 68 of the Responsible
Energy Development Act.
1 The Curtailment Rules (AR 214/2018) are amended by
this Regulation.
Section 9(3) is amended by striking out "December 31,
2023" and substituting "December 31, 2024".
Section 10 is amended by striking out "December 31, 2020"
and substituting "December 31, 2021".
--------------------------------
Alberta Regulation 199/2020
Labour Relations Code
REGIONAL HEALTH AUTHORITY COLLECTIVE
BARGAINING AMENDMENT REGULATION
Filed: October 30, 2020
For information only: Made by the Lieutenant Governor in Council (O.C. 328/2020)
on October 30, 2020 pursuant to
section 162.1 of the Labour Relations Code.
1 The Regional Health Authority Collective Bargaining
Regulation (AR 80/2003) is amended by this Regulation.
Section 1 is amended by adding the following after
clause (d.2):
(d.3) "nurse practitioner" means a nurse practitioner who is
employed and practicing as a nurse practitioner in accordance
with the Health Professions Act;
Section 2(1) is amended by adding the following after
clause (d):
(
e) advanced nursing care or nursing instruction performed by a
nurse practitioner.
4 The following is added after
section 2:
Nurse practitioners
2.1 Sections 3 to 21 do not apply to a region-wide functional
bargaining unit for the functional group referred to in
section 2(1)(e).
Section 22 is amended by striking out "March 31, 2021"
and substituting "March 31, 2022".
6 This Regulation has effect on the coming into force of
section 11(3)(
b) and (
c) and (19) of the Restoring Balance in
Alberta's Workplaces Act, 2020.
--------------------------------
Alberta Regulation 200/2020
Health Professions Act
PHYSICIANS, SURGEONS, OSTEOPATHS AND
PHYSICIAN ASSISTANTS PROFESSION REGULATION
Filed: October 30, 2020
For information only: Made by the Lieutenant Governor in Council (O.C. 329/2020)
on October 30, 2020 pursuant to
section 131 of the Health Professions Act.
Table of Contents
Definitions
2 Register categories
Registration
3 General registers
4 Equivalent jurisdiction
5 Substantial equivalence
6 Provisional registers
7 Sponsorship agreement
8 Physicians, surgeons and osteopaths, limited practice register
9 Courtesy registers
10 Emergency registers
11 Telemedicine registers
12 Student registers
13 Good character and reputation
14 Liability insurance
15 Fitness to practise
Titles, Abbreviations and Initials
17 Authorization to use titles
Restricted Activities
18 Physicians, surgeons and osteopaths, authorized restricted
activities
19 Physician assistants, supervision
20 Students, supervision
21 Self-restriction
22 Non-regulated persons, supervision
Continuing Competence
23 Continuing competence program
24 General assessment
25 Continuing professional development
26 Competence assessment
27 Continuing competence program rules
28 Rule distribution
29 Actions to be taken
30 Members responsible for costs
Practice Permit
31 Applying for renewal
32 Practice permit conditions
Alternative Complaint Resolution
33 Process conductor
34 Agreement
35 Confidentiality
36 Leaving the process
Reinstatement
37 Application for reinstatement
38 Consideration of application
39 Decision
40 Review of decision
41 Access to decision
Information
42 Providing information
43 Disclosure of information
Section 119 information
Transitional Provision, Repeal
and Coming into Force
45 Transitional
46 Repeal
47 Coming into force
Definitions
1 In this Regulation,
(a) "Act" means the Health Professions Act;
(b) "Bylaws" means the bylaws made by the Council under
section 132 of the Act;
(c) "College" means the College of Physicians and Surgeons of
Alberta;
(d) "Competence Committee" means the competence committee
of the College;
(e) "Complaints Director" means the complaints director of the
College;
(f) "Council" means the council of the College;
(g) "courtesy register" means the courtesy register category of
the regulated members register
(
i) for physicians, surgeons and osteopaths referred to in
section 2(a)(iv), or
(ii) for physician assistants referred to in
section 2(b)(iii);
(h) "emergency register" means the emergency register category
of the regulated members register
(
i) for physicians, surgeons and osteopaths referred to in
section 2(a)(v), or
(ii) for physician assistants referred to in
section 2(b)(iv);
(i) "general register" means the general register category of the
regulated members register
(
i) for physicians, surgeons and osteopaths referred to in
section 2(a)(i), or
(ii) for physician assistants referred to in
section 2(b)(i);
(j) "independent practice in Alberta" means the practice of a
physician, surgeon or osteopath
(
i) who is registered on the general register, provisional
register, emergency register, courtesy register or
telemedicine register, and
(ii) whose practice permit is not subject to any condition to
practice under supervision generally or in any area of
the practice of the physician, surgeon or osteopath;
(k) "physicians, surgeons and osteopaths limited practice
register" means the physicians, surgeons and osteopaths
limited practice register category of the regulated members
register for physicians, surgeons and osteopaths referred to in
section 2(a)(iii);
(l) "provisional register" means the provisional register category
of the regulated members register
(
i) for physicians, surgeons and osteopaths referred to in
section 2(a)(ii), or
(ii) for physician assistants referred to in
section 2(b)(ii);
(m) "Registrar" means the registrar of the College;
(n) "scope of practice" means the range of clinical skills and
procedures that a physician, surgeon or osteopath is
competent to perform based on their training and practice
experience;
(o) "sponsor" means the sponsor identified in a sponsorship
agreement;
(p) "sponsorship agreement" means an agreement referred to in
section 7;
(q) "Standards of Practice" means the standards of practice
adopted by the Council in accordance with the Bylaws and
section 133 of the Act;
(r) "student register" means the student register category of the
regulated members register
(
i) for physicians, surgeons and osteopaths referred to in
section 2(a)(vii), or
(ii) for physician assistants referred to in
section 2(b)(vi);
(s) "telemedicine register" means the telemedicine register
category of the regulated members register
(
i) for physicians, surgeons and osteopaths referred to in
section 2(a)(vi), or
(ii) for physician assistants referred to in
section 2(b)(v).
Register categories
2 The regulated members register established by the Council under
section 33(1)(
a) of the Act has the following categories:
(
a) for the registration of physicians, surgeons and osteopaths,
(
i) the physicians, surgeons and osteopaths general register,
(ii) the physicians, surgeons and osteopaths provisional
register,
(iii) the physicians, surgeons and osteopaths limited practice
register,
(iv) the physicians, surgeons and osteopaths courtesy
register,
(
v) the physicians, surgeons and osteopaths emergency
register,
(vi) the physicians, surgeons and osteopaths telemedicine
register, and
(vii) the physicians, surgeons and osteopaths student register;
(
b) for the registration of physician assistants,
(
i) the physician assistants general register,
(ii) the physician assistants provisional register,
(iii) the physician assistants courtesy register,
(iv) the physician assistants emergency register,
(
v) the physician assistants telemedicine register, and
(vi) the physician assistants student register.
Registration
General registers
3(1) An applicant for registration as a regulated member on the
physicians, surgeons and osteopaths general register must
(
a) have received a medical or an osteopathic medical degree
from a program approved by the Council,
(
b) have successfully completed post-graduate medical training
approved by the Council, and
(
c) have successfully completed the registration examination
approved by the Council.
(2) An applicant for registration as a regulated member on the
physician assistants general register must
(
a) have graduated from a program of studies for physician
assistants approved by the Council, and
(
b) have successfully completed a registration examination
approved by the Council.
(3) An applicant must have completed the requirements set out in
subsection (1) or (2) within the 3 years immediately preceding the date
the Registrar receives a complete application.
(4) If an applicant is unable to meet the requirements set out in
subsection (3), the applicant must
(
a) within the 3 years immediately preceding the date the
Registrar receives the complete application, have been
registered in good standing and carried on an active practice
in a jurisdiction that regulates the practice of medicine,
osteopathy or physician assisting, whichever applies, or
(
b) demonstrate to the satisfaction of the Registrar that the
applicant is currently competent to practise medicine,
osteopathy or physician assisting, whichever applies.
(5) For the purposes of subsection (4)(b), the Registrar may require an
applicant to undergo any examination, testing, assessment, training or
education that the Registrar considers necessary.
Equivalent jurisdiction
4 An applicant for registration as a regulated member on a general
register may be registered if the applicant
(
a) is currently registered as a physician, surgeon, osteopath or
physician assistant in another jurisdiction recognized by the
Council under
section 28(2)(
b) of the Act as having
substantially equivalent registration requirements to the
registration requirements set out in
section 3, and
(
b) is in good standing in that jurisdiction.
Substantial equivalence
5(1) An applicant for registration as a regulated member on a general
register who does not meet the registration requirements under
section
3 but whose qualifications have been determined by the Registrar
under
section 28(2)(
c) of the Act to be substantially equivalent to the
registration requirements under
section 3 may be registered on the
appropriate general register.
(2) In determining whether an applicant's qualifications are
substantially equivalent under subsection (1), the Registrar may require
the applicant to undergo any examination, testing or assessment
activity the Registrar considers necessary.
(3) For a determination under subsection (2), the Registrar may use
the services of experts and other resources to assist with the
examination, testing or assessment activity.
(4) The Registrar may require an applicant to pay all the costs incurred
under subsections (2) and (3).
(5) The Registrar may require an applicant under subsection (1) to
undergo any education or training activities the Registrar considers
necessary in order for the applicant to be registered.
(6) The Registrar may require an applicant under subsection (1) to
provide any other relevant information or evidence that the Registrar
considers necessary in order to assess an application under this section.
Provisional registers
6(1) Subject to subsection (3), an applicant for registration as a
regulated member may be registered on the physicians, surgeons and
osteopaths provisional register if the applicant has successfully
completed all the requirements for the granting of a medical or an
osteopathic medical degree from a medical program approved by the
Council and the applicant
(
a) has not passed the registration examination approved by the
Council,
(
b) is enrolled in a program of post-graduate medical training in
Alberta approved by the Council,
(
c) is undergoing an assessment of qualifications for the purpose
of determining substantial equivalency under
section 5, or
(
d) is engaged in education or training activities for the purpose
of registration under
section 5.
(2) Subject to subsection (3), an applicant for registration as a
regulated member may be registered on the physician assistants
provisional register if the applicant has complied with
section 3(2)(
a) and the applicant
(
a) has not passed the registration examination referred to in
section 3(2)(b),
(
b) is undergoing an assessment of qualifications for the purpose
of determining substantial equivalency under
section 5, or
(
c) is engaged in education or training activities for the purpose
of registration under
section 5.
(3) Every regulated member registered on a provisional register must
practise in accordance with the conditions specified by the Registrar.
(4) The conditions that the Registrar may specify under subsection
(3) include, but are not limited to, conditions that the regulated member
(
a) practise under the supervision of another regulated member,
(
b) practise only within a specified scope of practice,
(
c) practise only within a specified practice setting or program,
(
d) practise only within a specified practice location,
(
e) complete specified training or examinations within a
specified time limit, and
(
f) obtain a sponsorship agreement in accordance with
section 7
and maintain that sponsorship while this condition is in
effect.
(5) A registration on a provisional register is valid,
(
a) in the case of a registration on the physicians, surgeons and
osteopaths provisional register, for 6 years, and
(
b) in the case of a registration on the physician assistants
provisional register, for 3 years.
(6) Despite subsection (5), the Registrar may, if the Registrar is of the
opinion that extenuating circumstances exist, extend a registration on a
provisional register for an additional period that the Registrar considers
appropriate.
(7) If a regulated member registered on a provisional register meets
the registration requirements set out in
section 3, the Registrar must
remove the regulated member's name from the provisional register and
enter it on the appropriate general register.
Sponsorship agreement
7 A sponsorship agreement referred to in
section 6(4)(
f) must satisfy
the Registrar as to the following:
(
a) the agreement is between a regulated member and either
(
i) Alberta Health Services, or
(ii) another sponsor approved by the Council;
(
b) the member's engagement is in alignment with the
requirements of the health care system;
(
c) appropriate organizational supports will be available to the
member;
(
d) a physician registered in independent practice in Alberta will
provide appropriate supervision to the member.
Physicians, surgeons and osteopaths,
limited practice register
8(1) Subject to subsection (2), an applicant for registration as a
regulated member who is not eligible for registration on the physicians,
surgeons and osteopaths general register may be registered on the
physicians, surgeons and osteopaths limited practice register if the
applicant
(
a) has successfully completed all the requirements for the
granting of a medical or an osteopathic medical degree from
a medical program approved by the Council,
(
b) to the satisfaction of the Registrar
(
i) has completed the relevant post-graduate medical
training for the limited professional services that the
applicant will be providing, and
(ii) has the necessary combination of experience, practice or
other qualifications and competencies,
and
(
c) provides limited professional services within a service or
program approved by the Council as a clinical assistant or
surgical assistant or as an assistant in medical administration,
medical education or medical research.
(2) Every regulated member registered on the physicians, surgeons
and osteopaths limited practice register must practise in accordance
with the conditions specified by the Registrar.
(3) The conditions that the Registrar may specify under subsection
(2) include, but are not limited to, conditions that the regulated member
(
a) practise under the supervision of a regulated member who is
a physician, surgeon or osteopath,
(
b) practise only within a specified scope of practice,
(
c) practise only within a specified practice setting or program,
and
(
d) practise only within a specified practice location.
Courtesy registers
9(1) An applicant who is registered as a physician, surgeon or
osteopath in good standing in another jurisdiction who applies for
registration in Alberta on a temporary basis for a specified purpose
approved by the Registrar and who
(
a) provides the name and contact information of the physician,
surgeon or osteopath registered in independent practice in
Alberta who will support the application and provide the
confirmation required under subsection (3), and
(
b) satisfies the Registrar of the applicant's competence to
provide the services related to the specified purpose
may be registered on the physicians, surgeons and osteopaths courtesy
register for a period of time specified by the Registrar.
(2) An applicant who is registered as a physician assistant in good
standing in another jurisdiction who applies for registration in Alberta
on a temporary basis for a specified purpose approved by the Registrar
and who
(
a) either
(
i) provides the name and contact information of the
physician, surgeon or osteopath registered in
independent practice in Alberta who will support the
application and provide the confirmation required under
subsection (3), or
(ii) provides confirmation from Alberta Health Services that
it will support the application,
and
(
b) satisfies the Registrar of the supervisor's and applicant's
competence to provide the services related to the specified
purpose
may be registered on the physician assistants courtesy register for a
period of time specified by the Registrar.
(3) A physician, surgeon or osteopath referred to
(
a) in subsection (1)(
a) must provide to the Registrar, in writing,
a confirmation of the purpose for which the applicant is
applying for courtesy registration, and
(
b) in subsection (2)(a)(
i) must provide to the Registrar, in
writing,
(
i) a confirmation of the purpose for which the applicant is
applying for courtesy registration, and
(ii) the name and contact information of the physician who
will supervise the physician assistant's practice.
(4) When the Registrar registers a person on a courtesy register, the
Registrar must identify on the register any title that the regulated
member may use while registered on that courtesy register.
(5) It is a condition of registration on a courtesy register that the
person must remain registered in good standing in at least one other
jurisdiction in which the person was registered at the time of the
person's application for registration on that courtesy register.
(6) If subsection (5) is not complied with, the courtesy registration is
cancelled.
Emergency registers
10(1) An applicant for registration as a regulated member on the
physicians, surgeons and osteopaths emergency register must satisfy
the Registrar that the applicant is registered in good standing and
entitled to practise medicine or osteopathy in another jurisdiction in
Canada or in the United States of America.
(2) An applicant for registration as a regulated member on the
physician assistants emergency register must satisfy the Registrar that
the applicant is registered in good standing or otherwise regulated and
entitled to practise as a physician assistant in another jurisdiction in
Canada or in the United States of America.
(3) A registration on an emergency register is valid for the period of
time that may be required to address an emergency, as determined by
the Registrar.
(4) It is a condition of registration on an emergency register that the
person must remain registered in good standing in the jurisdiction in
which the person was registered at the time of the person's application
for registration on the emergency register, and if the registration in the
other jurisdiction is suspended or cancelled, the emergency registration
is cancelled.
Telemedicine registers
11(1) An applicant for registration as a regulated member on the
physicians, surgeons and osteopaths telemedicine register may be
registered on the telemedicine register if the applicant
(
a) is not a regulated member of the College, and
(
b) meets the requirements set out for physicians, surgeons and
osteopaths in
section 3, 4 or 5, as the case may be.
(2) An applicant for registration as a regulated member on the
physician assistants telemedicine register may be registered on the
physician assistants telemedicine register if the applicant
(
a) is not a regulated member of the College, and
(
b) meets the requirements set out for physician assistants in
section 3, 4 or 5, as the case may be.
(3) Every regulated member registered on a telemedicine register may
practise only from a jurisdiction outside of Alberta.
Student registers
12(1) An applicant for registration as a regulated member on the
physicians, surgeons and osteopaths student register must
(
a) be currently enrolled in an undergraduate medical program in
Alberta approved by the Council, or
(
b) be undertaking or intending to undertake medical education
in Alberta while enrolled in an undergraduate medical
program that is acceptable to the Registrar in another
jurisdiction.
(2) An applicant for registration as a regulated member on the
physician assistants student register must
(
a) be currently enrolled in a physician assistants program in
Alberta approved by the Council, or
(
b) be undertaking or intending to undertake physician assistant
training in Alberta while enrolled in a physician assistants
program that is acceptable to the Registrar in another
jurisdiction.
Good character and reputation
13(1) An applicant for registration as a regulated member in any
category of the regulated members register must provide evidence
satisfactory to the Registrar of having good character and reputation.
(2) To comply with subsection (1), an applicant must submit one or
more of the following on the request of the Registrar:
(
a) a written statement by the applicant as to whether the
applicant is currently undergoing an investigation or is
subject to an unprofessional conduct process or has been
previously disciplined by another regulatory body
responsible for the regulation of physicians, surgeons,
osteopaths or physician assistants, as the case may be, or of
another profession;
(
b) a written statement by the applicant as to whether an
application for registration as a professional by the applicant
in any other jurisdiction was ever previously rejected;
(
c) the results of a current criminal records check;
(
d) a written statement by the applicant as to whether the
applicant has ever been charged, pleaded guilty or has been
found guilty of a criminal offence in Canada or an offence of
a similar nature in a jurisdiction outside Canada for which the
applicant has not been pardoned;
(
e) a written statement by the applicant as to whether the
applicant's hospital privileges or the applicant's privileges to
any other related facility are currently or have previously
been voluntarily or involuntarily limited, suspended or
revoked;
(
f) a written statement by the applicant as to whether there has
ever been a judgment against the applicant's practice in a
civil action;
(
g) any other relevant evidence as required by the Registrar.
(3) If an applicant has engaged in an activity that has, in the opinion of
the Registrar, undermined the applicant's good character and
reputation in the past, the applicant may provide evidence satisfactory
to the Registrar of the applicant's rehabilitation.
(4) The Registrar may also consider information other than that
provided by the applicant in determining whether the applicant is of
good character and reputation, but if the Registrar considers that
information, the Registrar must give the applicant sufficient particulars
of that information to allow the applicant to respond to that
information.
Liability insurance
14(1) An applicant for registration as a regulated member must
provide evidence satisfactory to the Registrar of having the type and
amount of professional liability insurance required by the Council.
(2) Membership in the Canadian Medical Protective Association is
considered to meet the requirements of subsection (1).
Fitness to practise
15 An applicant for registration as a regulated member must, on the
request of the Registrar, submit evidence satisfactory to the Registrar
confirming the member's fitness to practise.
16(1) An applicant for registration as a regulated member must be
competently in the practice of medicine, osteopathy or in physician
assisting, as the case may be.
(2) An applicant may be required by the Registrar to demonstrate
requirements approved by the Council.
Titles, Abbreviations and Initials
Authorization to use titles
17(1) A regulated member registered in a register category for the
registration of physicians, surgeons and osteopaths referred to in
section 2(
a) may use the title "Doctor" and the abbreviation "Dr.".
(2) In addition to the title and abbreviation listed in subsection (1),
(
a) a regulated member registered in a register category for the
registration of physicians or surgeons referred to in
section
2(
a) may use the titles "physician" , "medical doctor",
"medical practitioner" and the initials "M.D.", and
(
b) a regulated member registered in a register category for the
registration of osteopaths referred to in
section 2(
a) may use
the titles "osteopath" , "osteopathic practitioner", "doctor of
osteopathic medicine", "doctor of osteopathy", "osteopathic
medical practitioner" and the initials "D.O.".
(3) A regulated member referred to in subsections (1) and (2) may,
subject to subsection (4), use the titles, abbreviations or initials listed
section 2 of
Schedule 21 to the Act that are appropriate to that
regulated member's scope of practice.
(4) The Registrar must specifically approve and authorize the use of
the titles, abbreviations or initials referred to in subsection (3) and
indicate the authorization on the appropriate category of the regulated
members register.
(5) A regulated member referred to in subsections (1) and (2) may use
the title "specialist" if the regulated member
(
a) is authorized by the Registrar to use that title, and
(
b) has received notification from the Registrar that the
authorization is indicated in the appropriate category of the
regulated members register.
(6) A regulated member registered in a register category for the
registration of physician assistants referred to in
section 2(
b) may use
the title "Physician Assistant" and the initials "P.A.".
Restricted Activities
Physicians, surgeons and osteopaths,
authorized restricted activities
18 A regulated member registered in a register category for the
registration of physicians, surgeons and osteopaths referred to in
section 2(a)(
i) to (vi) may, in the practice of medicine or osteopathy
and in accordance with the Standards of Practice, perform the
following restricted activities:
(
a) to cut a body tissue, to administer anything by an invasive
procedure on body tissue or to perform surgical or other
invasive procedures on body tissue below the dermis or the
mucous membrane or in or below the surface of the cornea;
(
b) to insert or remove instruments, devices, fingers or hands
(
i) beyond the cartilaginous portion of the ear canal,
(ii) beyond the point in the nasal passages where they
normally narrow,
(iii) beyond the pharynx,
(iv) beyond the opening of the urethra,
(
v) beyond the labia majora,
(vi) beyond the anal verge, or
(vii) into an artificial opening of the body;
(
c) to insert into the ear canal, under pressure, liquid, air or gas;
(
d) to set or reset a fracture of a bone;
(
e) to reduce a dislocation of any joint;
(
f) to use a deliberate, brief, fast thrust to move the joints of the
spine beyond the normal range but within the anatomical
range of motion, which generally results in an audible click
or pop;
(
g) to prescribe a
Schedule 1 drug within the meaning of the
Pharmacy and Drug Act;
(
h) to dispense, compound, provide for selling or sell a
Schedule
1 drug or
Schedule 2 drug within the meaning of the
Pharmacy and Drug Act;
(
i) to administer a vaccine or parenteral nutrition;
(
j) to prescribe, compound or administer blood or blood
products;
(
k) to prescribe or administer diagnostic imaging contrast agents;
(
l) to prescribe or administer anaesthetic gases, including nitrous
oxide, for the purposes of anaesthesia or sedation;
(
m) to prescribe or administer radiopharmaceuticals,
radiolabelled substances, radioactive gases or radioaerosols;
(
n) to order or apply any form of ionizing radiation in medical
radiography, nuclear medicine or radiation therapy;
(
o) to order or apply non-ionizing radiation in lithotripsy,
magnetic resonance imaging or ultrasound imaging,
including any application of ultrasound to a foetus;
(
p) to prescribe or fit an implant-supported prosthesis;
(
q) to perform a psychosocial intervention with an expectation of
treating a substantial disorder of thought, mood, perception,
orientation or memory that grossly impairs judgment,
behaviour, capacity to recognize reality or ability to meet the
ordinary demands of life;
(
r) to manage labour or deliver a baby;
(
s) to prescribe or dispense corrective lenses.
Physician assistants, supervision
19(1) A regulated member registered in a register category for the
registration of physician assistants referred to in
section 2(b)(
i) to (
v) may, in the practice of physician assisting and in accordance with the
Standards of Practice, perform the restricted activities referred to in
section 18 under the supervision of a physician, surgeon or osteopath
registered to practise in Alberta.
(2) The supervision provided by a physician, surgeon or osteopath
who supervises a physician assistant under this
section must be carried
out in accordance with the Standards of Practice.
(3) In regard to any restricted activity,
(
a) a physician, surgeon or osteopath must only supervise a
restricted activity that the supervising physician, surgeon or
osteopath is competent to perform and that is appropriate to
the supervisor's scope of practice, and
(
b) a physician assistant must not perform a restricted activity
that the supervising physician, surgeon or osteopath is not
competent to perform or that is not appropriate to the scope
of practice of the supervising physician, surgeon or
osteopath.
Students, supervision
20(1) A person who is registered on the physicians, surgeons and
osteopaths student register referred to in
section 2(a)(vii) is authorized
to perform the restricted activities set out in
section 18, in the practice
of medicine or osteopathy, under the supervision of a physician,
surgeon or osteopath registered to practise in Alberta and in
accordance with the Standards of Practice.
(2) A person who is registered on the physician assistants student
register referred to in
section 2(b)(vi) is authorized to perform the
restricted activities set out in
section 18, in the practice of physician
assisting, under the supervision of a physician, surgeon, osteopath or
physician assistant instructor registered to practise in Alberta and in
accordance with the Standards of Practice.
(3) Supervision under this
section must be carried out in accordance
with the requirements for the supervision of students approved by the
Council.
Self-restriction
21(1) Despite any authorization to perform restricted activities,
(
a) a physician, surgeon or osteopath must only perform a
restricted activity that the physician, surgeon or osteopath is
competent to perform and that is appropriate to the clinical
circumstance and that regulated member's scope of practice,
and
(
b) a physician assistant must only perform a restricted activity
that the physician assistant is competent to perform and that
is appropriate to the clinical circumstance and scope of
practice of the supervising physician, surgeon or osteopath.
(2) A regulated member who performs a restricted activity must do so
in accordance with the Standards of Practice.
Non-regulated persons, supervision
22(1) A person who is not described in
section 4(1)(
a) of
Schedule
7.1 to the Government Organization Act is permitted to perform a
restricted activity described in
section 18 only if that person
(
a) while performing a restricted activity, has the consent of, and
is being supervised in accordance with subsection (2) by, a
physician, surgeon or osteopath registered to practise in
Alberta and who is authorized to do that restricted activity
independently, and
(
b) is engaged in providing health services to another person.
(2) When a physician, surgeon or osteopath supervises a person
referred to in subsection (1) performing a restricted activity, the
physician, surgeon or osteopath must
(
a) not be a regulated member registered on the physicians,
surgeons and osteopaths student register,
(
b) be authorized to perform the restricted activity being
performed,
(
c) if the person being supervised is a regulated member of
another college, be satisfied the other college is aware that
the person is performing the restricted activity under
supervision,
(
d) supervise the person who is performing the restricted activity
by being readily available for consultation by the person who
is under supervision, and
(
e) comply with the Standards of Practice governing the
provision of supervision by regulated members of persons
performing restricted activities in accordance with
section
4(1)(
b) of
Schedule 7.1 to the Government Organization Act.
Continuing Competence
Continuing competence program
23 The continuing competence program of the College comprises
(
a) general assessment,
(
b) continuing professional development, and
(
c) competence assessment.
General assessment
24(1) A regulated member registered on the physicians, surgeons and
osteopaths general register must submit to a general assessment by the
Competence Committee once every 5 years or otherwise as determined
in accordance with the rules established under
section 27.
(2) A regulated member registered on one of the following registers
may be required to submit to a general assessment by the Competence
Committee once every 5 years or otherwise as determined in
accordance with the rules established under
section 27:
(
a) the physicians, surgeons and osteopaths provisional register;
(
b) the physicians, surgeons and osteopaths limited practice
register;
(
c) the physicians, surgeons and osteopaths telemedicine
register;
(
d) the physician assistants general register;
(
e) the physician assistants provisional register;
(
f) the physician assistants telemedicine register.
(3) Despite subsections (1) and (2), the Registrar may, if the Registrar
is of the opinion that extenuating circumstances exist, vary the period
within which a general assessment must be submitted.
(4) A general assessment referred to in subsections (1) and (2) consists
of a survey or other tool approved by the Competence Committee to
assess a regulated member's
(
a) professional knowledge and skills,
(
b) communication skills,
(
c) practice management, and
(
d) professional ethics.
Continuing professional development
25(1) Every regulated member registered on a general register must
undertake continuing professional development by
(
a) participating in a professional development program
approved by the Council in accordance with the rules
established under
section 27,
(
b) keeping records, in a form satisfactory to the Registrar, of
any activities undertaken for the purpose of continuing
professional development, and
(
c) on the request of, and in accordance with the directions of,
the Registrar, providing copies of the records referred to in
clause (b).
(2) Regulated members registered on a provisional register, limited
practice register or telemedicine register may be required by the
Registrar or Competence Committee to fulfill the requirements of
subsection (1) and when so required, must comply with all the
requirements of subsection (1).
Competence assessment
26(1) The Competence Committee may, in accordance with the rules
established under
section 27, require a regulated member to undergo an
assessment for the purpose of evaluating the regulated member's
competence.
(2) For the purpose of an assessment under subsection (1), the
Competence Committee may use one or more of the following
processes:
(
a) practice visits;
(
b) examinations;
(
c) individualized assessments of professional competence that
may include, but are not limited to, assessments of
(
i) professional knowledge or skills,
(ii) communication skills,
(iii) mental and physical health,
(iv) professional ethics, and
(
v) practice management;
(
d) interviews;
(
e) any other type of evaluation required by the Competence
Committee.
Continuing competence program rules
27(1) The Council may establish rules governing
(
a) the assessments referred to in sections 24 and 26,
(
b) the professional development programs that may be approved
for the purpose of
section 25,
(
c) the assessment and approval of programs as substantially
equivalent to the professional development programs
approved by the Council,
(
d) the type of professional development activities that a
regulated member may undertake for the purpose of
section
25,
(
e) the records referred to in
section 25(1)(
b) and the provision
of those records in accordance with the directions of the
Registrar,
(
f) audits of a regulated member's records referred to in
section
25(1)(b), or
(
g) the requirements or circumstances when regulated members
registered on a provisional register, limited practice register
or telemedicine register may be required to participate in a
professional development program under
section 25.
(2) The Registrar and the Competence Committee may recommend
rules or amendments to the rules to the Council.
(3) Before the Council establishes any rules or amendments to the
rules, the rules or the amendments to the rules must be made available
to all regulated members for their review.
(4) The Council may establish the rules or amendments to the rules 30
or more days after they are made available under subsection (3) and
after having considered any comments received on the proposed rules
or proposed amendments to the rules.
Rule distribution
28 The rules and any amendments to the rules established under
section 27(4) must be made available by the College to all regulated
members and, in printed or electronic form, on request to the Minister,
regional health authorities and any person who requests them.
Actions to be taken
29 If the results of a general assessment under
section 24 or of a
competence assessment under
section 26 are unsatisfactory, the
Competence Committee or Registrar may require a regulated member
to undertake remedial action, including, but not limited to, the
following:
(
a) successful completion of continuing competence program
requirements or professional development activities;
(
b) successful completion of any examinations, testing,
assessment, training, education or treatment to enhance
competence in specified areas;
(
c) to practise under the supervision of another regulated
member;
(
d) limitation of practice to specified procedures or practice
settings;
(
e) to report to the Competence Committee or Registrar on
specified matters on specified dates;
(
f) correction of any problems identified in the practice visit;
(
g) demonstration of competence gained in a specific area.
Members responsible for costs
30 A regulated member is responsible for the costs of
(
a) an assessment under
section 26, and
(
b) any action that the regulated member must undertake in
response to a direction by the Competence Committee or
Registrar under
section 29.
Practice Permit
Applying for renewal
31 Regulated members applying for renewal of their practice permit
must
(
a) continue to meet any requirement for a sponsorship
agreement that applies under
section 6(4)(
f) and 7,
(
b) continue to meet the requirements set out in sections 13 to
16, and
(
c) meet the requirements of the continuing competence
program.
Practice permit conditions
32 The Registrar may impose conditions on a practice permit, which
may include, but are not limited to, the following:
(
a) completing any examinations, testing, assessment,
counselling, training or education as considered necessary by
the Registrar or the Competence Committee;
(
b) limiting a member's practice to specified professional
services, restricted activities or practice settings;
(
c) limiting a practice permit to a specified purpose and time;
(
d) practising under the supervision of another regulated member
for the period of time considered necessary by the Registrar;
(
e) reporting to the Registrar on specified matters on specified
dates.
Alternative Complaint Resolution
Process conductor
33 When a complainant and an investigated person have agreed to
enter into an alternative complaint resolution process, the Complaints
Director must appoint a person in accordance with
section 58(2) and
(3) of the Act to conduct the alternative complaint resolution process.
Agreement
34 The person conducting the alternative complaint resolution
process must, in accordance with Division 2 of
Part 4 of the Act and
any Regulations that apply, and in consultation with the complainant
and the investigated person, establish the procedures for and objectives
of the alternative complaint resolution process, which must be set out
in writing and signed by the complainant, the investigated person and a
representative of the College.
Confidentiality
35 The complainant and the investigated person must, subject to
sections 59 and 60 of the Act, agree to treat all information shared
during the process as confidential.
Leaving the process
36 The complainant or the investigated person may withdraw from
the alternative complaint resolution process at any time.
Reinstatement
Application for reinstatement
37(1) A person whose registration and practice permit have been
cancelled under
Part 4 of the Act may apply in writing to the Registrar
to have the registration reinstated and the practice permit reissued.
(2) An application under subsection (1) must
(
a) not be made earlier than 3 years after the date of the
cancellation, and
(
b) not be made more frequently than once in each year
following a refusal of an application under
section 39(a).
(3) An applicant under subsection (1) must provide evidence of the
applicant's qualifications for registration.
Consideration of application
38(1) An application under
section 37 must be considered by the
Registrar in accordance with the application for registration process set
out in sections 28 to 30 of the Act.
(2) When reviewing an application in accordance with subsection (1),
the Registrar must consider
(
a) the record of the hearing at which the applicant's registration
and practice permit were cancelled, and
(
b) whether the applicant
(
i) meets the current requirements for registration,
(ii) has met any conditions imposed under
Part 4 of the Act
before the applicant's registration and practice permit
were cancelled,
(iii) is fit to practise medicine, osteopathy or physician
assisting, and
(iv) does not pose a risk to public safety or to the integrity of
the profession.
Decision
39 The Registrar may, on completing the review of an application in
accordance with
section 38, issue a written decision containing one or
more of the following orders:
(
a) an order refusing the application;
(
b) an order approving the application;
(
c) an order to defer the reinstatement of the applicant until the
applicant has complied with conditions imposed by the
Registrar.
Review of decision
40(1) An applicant whose application is refused or whose application
for reinstatement is deferred under
section 39 may, within 30 days of
receipt of the decision, request a review of the decision by the Council.
(2) Sections 31 and 32 of the Act apply to a review under subsection
(1).
Access to decision
41(1) The Registrar, under
section 39, and the Council, under
section
40, may order that its decision be published in a manner it considers
appropriate.
(2) The College must publish or otherwise make available a decision
under
section 39 or 40 for a period of at least 2 years from the date of
the decision.
Information
Providing information
42(1) A regulated member or an applicant for registration as a
regulated member must provide the following information in addition
to that required under
section 33(3) of the Act to the Registrar on the
request of the Registrar, on application for registration and when there
are changes to the information:
(
a) the member or applicant's home address;
(
b) the member or applicant's business mailing address,
telephone number, fax number and email address;
(
c) the member or applicant's practice locations;
(
d) the member or applicant's emergency contact address,
telephone number and email address;
(
e) the member or applicant's full legal name and, if applicable,
previous names or aliases;
(
f) the member or applicant's degrees and other qualifications,
including specialization;
(
g) the member or applicant's most recent school of graduation;
(
h) the member or applicant's most recent year of graduation;
(
i) the languages in which the regulated member or an applicant
can provide professional services;
(
j) the member or applicant's date and place of birth;
(
k) the member or applicant's gender;
(
l) the member or applicant's services provided or proposed that
require approval in accordance with the Standards of Practice
or the Bylaws;
(
m) the names of other jurisdictions in which the member or
applicant is registered as a physician, surgeon, osteopath or
physician assistant;
(
n) any other regulated health profession in which the member or
an applicant is registered and whether the member or the
applicant is a practising member of that profession;
(
o) a recent photo of the member or applicant, which must be of
a size and quality similar to that required for a Canadian
passport;
(
p) in the case of a physician, surgeon or osteopath, the name
and business mailing address of any physician assistant that
the member is supervising;
(
q) in the case of a physician assistant, the name and business
mailing address of the supervising physician, surgeon or
osteopath.
(2) If a physician, surgeon or osteopath intends to close an office
practice, the physician, surgeon or osteopath must provide to the
Registrar the date by which the physician, surgeon or osteopath
proposes to close the office practice.
Disclosure of information
43 The College may, under sections 34(2) and 135.92(2) of the Act,
as applicable, disclose the following information concerning its
regulated members to members of the public in order to support its
practitioner search function on the College's website:
(
a) the full name of a regulated member and any name or names
that the regulated member uses or has used in the regulated
member's practice;
(
b) a regulated member's business mailing address, email
address, telephone number and fax number;
(
c) the regulated member's practice locations;
(
d) degrees and other qualifications obtained by a regulated
member, including specialization;
(
e) the most recent school of graduation of a regulated member;
(
f) the most recent year of graduation of a regulated member;
(
g) the gender of a regulated member;
(
h) the languages in which a regulated member can provide
professional services;
(
i) whether a member's registration is restricted to a period of
time and, if so, the period of time;
(
j) the status of a member's practice permit, including whether it
is suspended or cancelled;
(
k) a member's practice specialization recognized by the
College;
(
l) whether a member is authorized to provide a restricted
activity not normally provided by regulated members of the
College;
(
m) whether a member is not authorized to provide a restricted
activity that is normally provided by regulated members of
the College;
(
n) a copy of any decision made of unprofessional conduct by a
hearing tribunal, council or court based in whole or in part on
sexual abuse or sexual misconduct, including any orders
made under
section 82 of the Act;
(
o) whether a regulated member's practice permit has been
suspended or cancelled as a result of a decision of
unprofessional conduct based in whole or in part on sexual
abuse or sexual misconduct;
(
p) in accordance with
section 135.92(2)(
g) of the Act, any
conditions placed on a regulated member's practice permit as
a result of a decision of unprofessional conduct based in
whole or in part on sexual misconduct and details respecting
those conditions;
(
q) in the case of a physician, surgeon or osteopath, the name,
business mailing address and practice locations of any
physician assistant that the member is supervising;
(
r) in the case of a physician assistant, the name, business
mailing address and practice locations of the supervising
physician, surgeon or osteopath.
Section 119 information
44 The periods of time during which the College is required to
provide information under
section 119(4) of the Act to a member of
the public are as follows:
(
a) information referred to in
section 33(3) of the Act entered in
a register for a regulated member, except for the information
referred to in
section 33(3)(
h) of the Act, while the named
regulated member is registered as a member of the College;
(
b) information referred to in
section 119(1) of the Act
respecting
(
i) the suspension of a regulated member's practice permit,
while the suspension is in effect and for 2 years after the
period of suspension has expired,
(ii) the cancellation of a regulated member's practice
permit, for 2 years after the cancellation,
(iii) the conditions imposed on a regulated member's
practice permit, while the conditions are in effect,
(iv) the directions made that a regulated member cease
providing professional services, while the directions are
in effect, and
(
v) the imposition of a caution, reprimand or fine under
Part
4 of the Act, for 2 years after the imposition of the
caution, reprimand or fine;
(
c) information as to whether a hearing is scheduled to be held
under
Part 4 of the Act with respect to a named regulated
member, until the hearing is concluded;
(
d) information respecting
(
i) whether a hearing has been held under
Part 4 of the Act
with respect to a named regulated member, for 10 years
from the date the hearing is concluded, and
(ii) a decision and a record of the hearing referred to in
section 85(3) of the Act of a hearing held under
Part 4
of the Act, for 10 years after the date the hearing
tribunal of the College rendered its decision.
Transitional Provision, Repeal
and Coming into Force
Transitional
45 On the coming into force of this Regulation, a registered member
described in
section 15 of
Schedule 21 to the Act is deemed to be
entered on the regulated members register in the register category that
the Registrar considers appropriate.
Repeal
46 The Physicians, Surgeons and Osteopaths Profession Regulation
(AR 350/2009) is repealed.
Coming into force
47 This Regulation has effect on April 1, 2021.
--------------------------------
Alberta Regulation 201/2020
Financial Administration Act
INDEMNITY AUTHORIZATION AMENDMENT REGULATION
Filed: October 30, 2020
For information only: Made by the Lieutenant Governor in Council (O.C. 330/2020)
on October 30, 2020 pursuant to
section 71 of the Financial Administration Act.
1 The Indemnity Authorization Regulation (AR 22/97) is
amended by this Regulation.
2 The following is added after
section 5.1:
School board indemnity - property insurance
5.2(1) In this section,
(a) "Minister" means the Minister of Education;
(b) "principal attorney" means a principal attorney as defined in
the Insurance Act;
(c) "reciprocal insurance exchange" means a reciprocal
insurance exchange as defined in the Insurance Act;
(d) "school board" means
(
i) the board of trustees of a school division established
under the Education Act,
(ii) the Francophone regional authority of a Francophone
education region established under the Education Act,
(iii) a board as defined in the Northland School Division Act.
(2) The Minister is authorized, on behalf of the Crown, on such
(
a) to a school board in respect of the deductibles payable on
claims made by the school board under a subsisting property
insurance policy, or
(
b) to a school board or the principal attorney of a school board
in a reciprocal insurance exchange in respect of the
deductibles payable on claims made by any school board in
the reciprocal insurance exchange under a subsisting property
insurance policy.
(3) The maximum aggregate amount of indemnity payments made
(
a) school boards with subsisting indemnities under this section,
and
(
b) principal attorneys of school boards with subsisting
indemnities under this
section
must not exceed $15 000 000 annually with respect to the period
beginning on November 1 of one year and ending on October 31 of
the next year.
3 This Regulation has effect on November 1, 2020.
Alberta Regulation 202/2020
Insurance Act
AUTOMOBILE ACCIDENT INSURANCE BENEFITS
AMENDMENT REGULATION
Filed: October 30, 2020
For information only: Made by the Lieutenant Governor in Council (O.C. 331/2020)
on October 30, 2020 pursuant to
section 573 of the Insurance Act.
1 The Automobile Accident Insurance Benefits Regulation
(AR 352/72) is amended by this Regulation.
Schedule A,
Section B - Accident Benefits is amended
(
a) in Subsection 1 - Medical Payments
(
i) in provision (1)(
b) by adding ", including any
medically necessary equipment, home modifications or
vehicle modifications," after "for other services and
supplies";
(ii) in provision (2)
(
A) in clause (
a) by striking out "$750" and
substituting "$1000";
(
B) in clause (
b) by striking out "$250" and
substituting "$350";
(
C) in clause (
c) by striking out "$250" and
substituting "$350";
(
b) in Subsection 2 - Death, Grief Counselling, Funeral
and Total Disability
(
i) in
Part 1 - Death, Grief Counselling and Funeral
Benefits
(
A) by striking out "funeral service expenses up to
the amount of $5000" and substituting "funeral
service expenses up to the amount of $6150";
(
B) by striking out "grief counselling expenses up to
the amount of $400" and substituting "grief
counselling expenses up to the amount of $500";
(ii) in
Part II - Total Disability under the heading
"Amount of Weekly Benefit -"
(
A) in clause (
a) by striking out "$400 per week"
and substituting "$600 per week";
(
B) in provision (1) by striking out "$135 per
week for not more than 26 weeks" and
substituting "$200 per week for not more than
104 weeks";
(
C) in the definition of PB in provision (3) by
striking out "$400" and substituting "$600";
(
c) under the heading "Special Provisions,
Definitions,
and Exclusions of
Section B" in provision (4.1)(b)(iv)
(
i) in paragraph (
A) by striking out "$600" and
substituting "$750";
(ii) in paragraph (
B) by striking out "$600" and
substituting "$750";
(iii) in paragraph (
C) by striking out "$600" and
substituting "$750".
3 This Regulation has effect on November 1, 2020.
--------------------------------
Alberta Regulation 203/2020
Insurance Act
DIAGNOSTIC AND TREATMENT PROTOCOLS
AMENDMENT REGULATION
Filed: October 30, 2020
For information only: Made by the Lieutenant Governor in Council (O.C. 332/2020)
on October 30, 2020 pursuant to
section 573 of the Insurance Act.
1 The Diagnostic and Treatment Protocols Regulation
(AR 116/2014) is amended by this Regulation.
Section 1 is amended
(
a) in subsection (1)
(
i) by renumbering clause (
a) as clause (a.1) and
by adding the following before clause (a.1):
(a) "adjunct therapy" includes therapy provided by
any of the following:
(
i) a dentist;
(ii) an occupational therapist;
(iii) a psychologist;
(ii) by adding the following after clause (a.1):
(a.2) "dentist" means a person who is a regulated
member of the Alberta Dental Association and
College under the Health Professions Act;
(iii) by adding the following after clause (h):
(h.1) "occupational therapist" means a person who is a
regulated member of the Alberta College of
Occupational Therapists under the Health
Professions Act;
(iv) by adding the following after clause (m):
(m.1) "psychologist" means a person who is a regulated
member of the College of Alberta Psychologists
under the Health Professions Act;
(
b) by adding the following after subsection (2):
(3) For the purpose of this Regulation, an in-person visit to a
health care practitioner or another person authorized to provide
treatment under this Regulation constitutes a single visit,
irrespective of the number of injuries treated during the visit.
Section 9 is amended by adding the following after
subsection (5):
(6) For the purposes of subsections (2) and (5), a visit to any of the
following persons to receive adjunct therapy does not count towards
the combined total of physical therapy, chiropractic and adjunct
therapy visits permitted under either of those subsections:
(
a) a dentist;
(
b) an occupational therapist;
(
c) a psychologist.
4 The following is added after
section 15:
Limit on adjunct therapy
15.1 If a patient receives adjunct therapy under these protocols, the
aggregate expenses payable or recoverable in relation to the adjunct
therapy received by the patient under this Regulation from one or
more of the following persons must not exceed $1000:
(
a) a dentist;
(
b) an occupational therapist;
(
c) a psychologist.
Section 16(2) is amended by striking out "a WAD I or
WAD II injury" and substituting "a sprain, strain, WAD I injury or
WAD II injury".
Section 18(1) is amended
(
a) by striking out "health care practitioner" and
substituting "person";
(
b) by adding the following after clause (c):
(
d) the Council of the Alberta Dental Association and
College notifies the Superintendent that a dentist meets
the requirements set out in subsection (2) and the
Superintendent enters the name of that person on the
IMC register.
7 This Regulation has effect on November 1, 2020.
Alberta Regulation 204/2020
Insurance Act
MINOR INJURY AMENDMENT REGULATION
Filed: October 30, 2020
For information only: Made by the Lieutenant Governor in Council (O.C. 333/2020)
on October 30, 2020 pursuant to
section 597 of the Insurance Act.
1 The Minor Injury Regulation (AR 123/2004) is amended
by this Regulation.
Section 1 is amended
(
a) in subsection (1)
(
i) in clause (
c) by adding "or dentist" after
"physician";
(ii) by repealing clause (f);
(iii) in clause (
h) by striking out "caused by that
accident that does not result in a serious impairment"
and substituting "caused by the accident that does
not result in a serious impairment and includes, in
respect of a sprain, strain or WAD injury that occurs on
or after November 1, 2020, any clinically associated
sequelae of the sprain, strain or WAD injury, whether
physical or psychological in nature, caused by the
accident that do not result in a serious impairment".
(
b) by adding the following after subsection (3):
(4) For the purposes of this Regulation, a reference to a sprain,
strain or WAD injury includes a reference to any clinically
associated sequelae of the sprain, strain or WAD injury, whether
physical or psychological in nature.
(5) Subsection (4) applies only in respect of an injury described
in that subsection that occurs on or after November 1,
Section 2.1 is repealed.
Section 16 is amended
(
a) by repealing subsection (1) and substituting the
following:
Eligibili