Alberta Regulation 222/2024

Environmental Protection and Enhancement Act

ACTIVITIES DESIGNATION AMENDMENT REGULATION

Filed: December 16, 2024

For information only: Made by the Minister of Environment and Protected Areas

(M.O. 22/2024) on December 11, 2024 pursuant to

section 85 of the Environmental

Protection and Enhancement Act.

1 The Activities Designation Regulation (AR 276/2003) is

amended by this Regulation.

Section 2(3) is amended

(

a) by adding the following after clause (e):

(e.1) "hydroelectric power" means the generation of

electricity from moving water;

(e.2) "hydroelectric renewable energy operation" refers to a

renewable energy operation as defined in the

Conservation and Reclamation Regulation (AR 115/93)

that generates electricity using hydroelectric power;

(

b) in clause (

f) by striking out "coal processing plant or

transmission line" and substituting "coal processing plant,

transmission line or hydroelectric renewable energy

operation".

Section 3(3) is amended

(

a) in clause (

c) by adding "solar electric renewable energy

operation or wind electric renewable energy operation,"

after "pit,";

(

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

(f) "solar electric power" means the generation of

electricity from the sun;

(g) "solar electric renewable energy operation" refers to a

renewable energy operation as defined in the

Conservation and Reclamation Regulation (AR 115/93)

that generates electricity from solar electric power

where

(

i) the total footprint of the operation is greater than

one hectare (2.47 acres), or

(ii) the amount of electricity generated from the

operation is greater than the maximum amount

permitted for a large micro-generation as specified

in the Micro-generation Regulation (AR 27/2008),

but does not include an operation that is operated by a

person solely on property of which that person is the

owner, for use solely by that person and solely on that

property;

(h) "wind electric power" means the generation of

electricity from wind;

(i) "wind electric renewable energy operation" refers to a

renewable energy operation as defined in the

Conservation and Reclamation Regulation (AR 115/93)

that generates electricity from wind electric power

where

(

i) the total footprint of the operation is greater than

one hectare (2.47 acres), or

(ii) the amount of electricity generated from the

operation is greater than the maximum amount

permitted for a large micro-generation as specified

in the Micro-generation Regulation (AR 27/2008),

but does not include an operation that is operated by a

person solely on property of which that person is the

owner, for use solely by that person and solely on that

property.

4 The following is added after

section 10.2:

Transitional -

Schedule 1, Division 3 hydroelectric

renewable energy operations

10.3(1) In this section, "hydroelectric renewable energy operation"

has the meaning set out in

section 2(3)(e.2).

(2) If a person was constructing, operating or reclaiming a

hydroelectric renewable energy operation before the coming into

force of this section, the person may continue these activities without

obtaining an approval required under

section 5(1), as it applies to

clause (g.1) of Division 3 of

Schedule 1, until January 1, 2030.

5 The following is added after

section 11:

Transitional -

Schedule 2, Division 3 wind and

solar electric renewable energy operations

11.1(1) In this section,

(a) "solar electric renewable energy operation" has the

meaning set out in

section 3(3)(g);

(b) "wind electric renewable energy operation" has the

meaning set out in

section 3(3)(i).

(2) If a person was constructing, operating or reclaiming a solar

electric renewable energy operation before the coming into force of

this section, the person may continue these activities without

obtaining a registration required under

section 5(2), as it applies to

clause (

c) of Division 3 of

Schedule 2, until January 1, 2027.

(3) If a person was constructing, operating or reclaiming a wind

electric renewable energy operation before the coming into force of

this section, the person may continue these activities without

obtaining a registration required under

section 5(2), as it applies to

clause (

d) of Division 3 of

Schedule 2, until January 1, 2027.

Schedule 1, Division 3 is amended by adding the

following after clause (g):

(g.1) the construction, operation or reclamation of a hydroelectric

renewable energy operation.

Schedule 2, Division 3 is amended by adding the

following after clause (b):

(

c) the construction, operation or reclamation of a solar electric

renewable energy operation;

(

d) the construction, operation or reclamation of a wind electric

renewable energy operation.

8 This Regulation comes into force on January 1, 2025.

Alberta Regulation 223/2024

Early Learning and Child Care Act

EARLY LEARNING AND CHILD CARE

AMENDMENT REGULATION

Filed: December 18, 2024

For information only: Made by the Minister of Jobs, Economy and Trade (M.O.

2024-14) on December 10, 2024 pursuant to

section 27 of the Early Learning and

Child Care Act.

1 The Early Learning and Child Care Regulation

(AR 143/2008) is amended by this Regulation.

2 The following is added after

section 1:

Incorporation of standards

1.1 As authorized by

section 27(2) of the Act, the Family Day

Homes Standards Manual for Alberta published by the department

administered by the Minister, as amended or replaced from time to

time, is incorporated into and forms part of this Regulation.

Section 5(

c) is amended by adding "including but not limited

to the Public Health Act, the Safety Codes Act and any applicable

municipal bylaws," after "legislation,".

4 The following is added after

section 5:

Changes to program plan

5.1 The statutory director may at any time after issuing or

renewing a facility-based licence require the licence holder to make

changes to the program plan referred to in

section 2(a).

Section 6 is repealed and the following is substituted:

Compliance with program plan

6(1) A licence holder must comply with the program plan referred

to in

section 2(a), including

(

a) any changes made under

section 5(b), and

(

b) any changes required by the statutory director under

section

5.1.

(2) Except for the changes referred to in subsection (1), a licence

holder must not make any changes to the program plan without the

prior approval of the statutory director.

6 The following is added after

section 6.3:

Standards for informing family day home

programs and parents or guardians

6.4(1) A holder of a family day home agency licence must, in

accordance with the standards set out in the Family Day Homes

Standards Manual for Alberta, communicate the information

referred to in

(

a) section 18.922(2)(a)(

i) to (iv) of the Act to family day home

programs overseen by the licensed family day home agency,

and

(

b) section 18.922(2)(a)(ii) to (iv) of the Act to parents or

guardians of each child receiving child care in a family day

home program overseen by the licensed family day home

agency.

(2) The standards referred to in subsection (1) apply to a holder of a

family day home agency licence when communicating, as required

section 18.922(3) of the Act, that a notice of administrative

penalty was issued to the licence holder.

Part 2.1

Family Day Home Programs

Family day home program standards

6.5 The statutory director may set standards for family day home

programs, including standards respecting

(

a) the operation of family day home programs,

(

b) the administration of family day home programs,

(

c) the safety, health and well-being of children in family day

home programs,

(

d) the premises in which family day home programs operate,

and

(

e) any other matter the statutory director considers necessary for

the delivery of quality child care by family day home

programs.

7 The following is added after

section 14.1:

Publication of certification information

14.2 The statutory director may publish on the Government of

Alberta website, or on any other website that the statutory director

considers likely to be easily accessible to the public, any or all of the

following information in respect of child care certifications issued

under this Part:

(

a) the name and certification number of an individual holding a

certification;

(

b) the level of certification held by an individual;

(

c) the date an individual obtained each level of certification, as

applicable;

(

d) the status of an individual's certification, including

certification, and

(ii) whether the individual's certification is suspended or

cancelled;

(

e) the history of an individual's certification, including

(

i) any prior certifications held by the individual, and

(ii) whether a certification held by the individual was

suspended or cancelled;

(

f) any other information about an individual's certification that

the statutory director considers to be appropriate to publish.

8 The following is added after

Part 3:

Part 3.1

Administrative Penalties

Amount of administrative penalty

14.3 In determining the amount of an administrative penalty, the

statutory director may consider the following factors:

(

a) the severity of the contravention or failure to comply;

(

b) the degree of wilfulness or negligence in the contravention or

failure to comply;

(

c) whether mitigating circumstances exist with respect to the

contravention or failure to comply;

(

d) whether actions have been taken to prevent reoccurrence of

the contravention or failure to comply;

(

e) whether the person required to pay the administrative penalty

has a history of contraventions of or failures to comply with

the Act, the regulations or, as applicable, the terms or the

conditions, if any, of a licence or child care certification;

(

f) whether the person required to pay the administrative penalty

has derived any economic benefit from the contravention or

failure to comply;

(

g) any other factors that, in the opinion of the statutory director,

are relevant.

Notice of administrative penalty

14.4 The following information is prescribed for the purposes of

section 26.1(2) of the Act:

(

a) the name of the person required to pay the administrative

penalty;

(

b) the particulars of the contravention or failure to comply;

(

c) the amount of the administrative penalty;

(

d) the date by which the administrative penalty is required to be

paid;

(

e) a statement of the right to an administrative review,

alternative dispute resolution or an appeal, as applicable,

under

Part 3 of the Act.

Section 19.1(1) is amended

(

a) by adding the following after clause (f):

(f.1) a decision under

section 14.1 of the Act to issue an

order to close the premises or portion of the premises

where a facility-based program is being offered or

provided;

(

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

(

j) a decision under

section 18.901(1) of the Act to suspend

a family day home agency licence and issue a

probationary licence;

(

k) a decision under

section 18.901(5) of the Act to refuse

to reinstate a family day home agency licence that has

been suspended;

(

c) by adding the following after clause (k):

(

l) a decision under

section 26.1 of the Act to issue a notice

of administrative penalty.

Section 19.2 is amended by adding the following after

clause (c):

(

d) a decision under

section 26.1 of the Act to issue a notice of

administrative penalty.

Section 21 is amended by striking out "October 31, 2025"

and substituting "October 31, 2028".

Schedule 1 is amended

(

a) by repealing

section 1(

i) and substituting the

following:

(i) "primary staff member" means a staff member of a

facility-based program

(

i) who is 16 years of age or older,

(ii) whose primary duty is child care, and

(iii) who is actively engaged in the supervision of

children in the program;

(

b) in

section 25 by adding the following after subsection

(1):

(1.1) A licence holder must ensure that

(

a) each staff member and each volunteer who is under 18

years of age is supervised by a primary staff member or

program supervisor who is an adult when the staff

member or volunteer has access to children, and

(

b) the primary staff member or program supervisor

supervising the staff member or volunteer who is under

18 years of age is certified at minimum as a Level 2

early childhood educator.

(1.2) For the purposes of subsection (1.1), a primary staff

member or program supervisor must not supervise more than one

staff member or volunteer who is under 18 years of age at one

time.

(

c) in

section 30.1(

a) and (

b) by adding "primary" before

"staff".

13(1) Sections 1 to 5, 6, to the extent that it enacts

section

6.4(1) and

Part 2.1 of the Early Learning and Child Care

Regulation, 7, 9(

a) and (b), 11 and 12 come into force on the

coming into force of

section 21(a)(

i) to (iv) of the Early

Learning and Child Care Amendment Act, 2024.

(2) Sections 6, to the extent that it enacts

section 6.4(2) of

the Early Learning and Child Care Regulation, 8, 9(

c) and 10

come into force on the coming into force of

section 21(a)(

v) of the Early Learning and Child Care Amendment Act, 2024.

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

Alberta Regulation 224/2024

Alberta Health Care Insurance Act

OPTOMETRIC BENEFITS

AMENDMENT REGULATION

Filed: December 23, 2024

For information only: Made by the Minister of Health (M.O. 1/2024) on December

19, 2024 pursuant to

section 17 of the Alberta Health Care Insurance Act.

1 The Optometric Benefits Regulation (AR 202/2007) is

amended by this Regulation.

Section 7(

b) is repealed.

Section 8(1)(

a) is amended by striking out "section 7(

a) and

(b)" and substituting "section 7(a)".

Section 9(

a) is amended by striking out "section 7(

a) or (b)"

and substituting "section 7(a)".

5 This Regulation comes into force on February 1, 2025.

Alberta Regulation 225/2024

Alberta Housing Act

SOCIAL HOUSING ACCOMMODATION

AMENDMENT REGULATION

Filed: December 23, 2024

For information only: Made by the Minister of Seniors, Community and Social

Services (M.O. 2024-022) on December 19, 2024 pursuant to

section 34 of the

Alberta Housing Act.

1 The Social Housing Accommodation Regulation

(AR 244/94) is amended by this Regulation.

Section 1(1.2) is repealed.

Schedule B is amended in

Part 1,

section 3 and

Part 2,

section 1(a)

(

a) by striking out "section 8(b)(ii)" and substituting

"section 8(b)";

(

b) by adding ", as adjusted under

section 5.1(2)(

b) of that

Act" after "Income and Employment Supports Act".

4 This Regulation comes into force on January 1, 2025.