Alberta Gazette — 15 July 2021 (Part II)
15 July 2021
Alberta — Gazette
Alberta Regulation 131/2021
Public Health Act
REGULATED MATTER REPEAL REGULATION
Filed: June 17, 2021
For information only: Made by the Lieutenant Governor in Council (O.C. 179/2021)
on June 17, 2021 pursuant to
section 66(1) of the Public Health Act.
1 The Regulated Matter Regulation (AR 174/99) is repealed
by this Regulation.
2 This Regulation comes into force on the coming into
force of
section 32 of the Public Health Amendment Act,
--------------------------------
Alberta Regulation 132/2021
Insurance Act
DIRECT COMPENSATION FOR PROPERTY
DAMAGE REGULATION
Filed: June 17, 2021
For information only: Made by the Lieutenant Governor in Council (O.C. 180/2021)
on June 17, 2021 pursuant to
section 585.1 of the Insurance Act.
Table of Contents
Interpretation
Fault Determination
2 Determination of degree of fault
3 More than one provision applies
4 Ordinary rules of law
5 Automobiles travelling in same direction and same lane
6 Automobiles travelling in same direction and adjacent lanes
7 Automobiles travelling in same direction and adjacent lanes -
overtaking or passing
8 Automobiles travelling in opposite directions
9 Automobile entering highway from parking place or private road or
driveway
10 Automobile entering controlled highway
11 Chain reaction accidents
12 Pile-ups
13 Intersections without traffic signs or traffic control signals
14 Intersections with traffic signs
15 Intersections with traffic control signals
16 Parking lots
17 Parked automobiles
18 Driver fails to obey sign or direction
19 Backing up or making U-turns
20 Open doors
21 Driving offences
Voluntary Payments, Prescribed Classes of Contracts
and Permitted Indemnification
22 Voluntary payment
23 Permitted indemnification - selling, repairing, etc.
24 Permitted indemnification - towing
25 Permitted indemnification - loss of or damage to contents
26 Prescribed classes of contracts
Expiry and Coming into Force
27 Expiry
28 Coming into force
Interpretation
1(1) In this Regulation,
(a) "accident" means an accident arising from the use or
operation of an automobile and includes
(
i) an accident between 2 or more automobiles or parts of
automobiles being detached without the involvement of
the insured, and
(ii) an accident between an automobile and the load of
another automobile;
(b) "centre line" means, with respect to a highway, one or more
of the following:
(
i) a single or double solid or broken line marked in the
centre of the roadway;
(ii) with respect to a roadway without a marked line,
(
A) subject to paragraph (B), the centre of the roadway
measured from the curbs or, in the absence of
curbs, from the edges of the roadway, or
(
B) where the edge or edges of the roadway are
obstructed by parked automobiles, snowbanks or
other objects, and 2-way traffic is possible without
difficulty, the centre of the unobstructed portion of
the roadway;
(iii) if the highway has a greater number of lanes in one
direction than in the opposite direction, the line marked
in the roadway dividing the lanes for traffic travelling in
opposite directions;
(c) "chain reaction accident" means a series of 2 or more
successive accidents among automobiles travelling in the
same direction in the same lane, one behind the other;
(d) "controlled highway" means a controlled highway as defined
in the Highways Development and Protection Act;
(e) "feeder lane" means a road in a parking lot other than a
thoroughfare;
(f) "highway" means a highway as defined in the Traffic Safety
Act;
(g) "intersection" means the area that lies between the lateral
boundary lines of 2 or more roadways, or 2 or more lanes in a
parking lot, that join one another at an angle, and lines drawn
at right angles across each of the roadways, or the lanes in
the parking lot, from the points where the lateral boundary
lines intersect;
(h) "parking place" means
(
i) an area adjacent to the curb or edge of a roadway where
parking is permitted, or
(ii) a parking lot;
(i) "peace officer" means a peace officer as defined in the Peace
Officer Act;
(j) "pile-up" means a series of 2 or more successive accidents
among automobiles travelling in the same direction in
adjacent lanes;
(k) "private road or driveway" means a road or driveway that is
not open to the use of the public for the purposes of vehicular
traffic;
(l) "roadway" means that part of a highway ordinarily used for
vehicular traffic and does not include the shoulder unless the
shoulder is paved;
(m) "thoroughfare" means a main road used for passage into,
through or out of a parking lot;
(n) "traffic control signal" means a manually, electrically or
mechanically operated device by which traffic is alternately
directed to stop and proceed;
(o) "traffic sign" means any warning signposts, signs, lines,
marks or other devices placed, marked or erected for the
purpose of regulating, warning or guiding traffic, but does
not include a traffic control signal;
(p) "urban area" means an urban area as defined in the Traffic
Safety Act.
(2) References to automobile A, automobile B and automobile C in
this Regulation are for ease of reference and have no meaning other
than as labels applied to distinguish between the automobiles involved
in an accident.
(3) The figures in this Regulation are illustrative only, do not have the
force of law and are not an exhaustive depiction of every type of
accident to which this Regulation applies.
Fault Determination
Determination of degree of fault
2(1) Subject to sections 4 and 21, an insurer shall determine the
degree of fault of the insured for the loss of use or damage described in
section 585.1(3) of the Act in accordance with this Regulation.
(2) The degree to which an insured is at fault must be determined
without reference to
(
a) the circumstances in which the accident occurs, including
weather conditions, visibility or the actions of pedestrians,
and
(
b) the location or locations of any point of contact between the
insured's automobile or its load and any other automobile or
the load of that automobile involved in the accident.
More than one provision applies
3(1) Where more than one of sections 5 to 20 apply in respect of an
insured, fault must be determined in accordance with the provision that
attributes the least degree of fault to the insured.
(2) Notwithstanding subsection (1), where 2 provisions of this
Regulation apply to an accident involving 2 automobiles and an
insured would be 100% at fault under one provision and not at fault
under the other provision, the insured is 50% at fault for the accident.
Ordinary rules of law
4 The degree to which an insured is at fault for an accident must be
determined in accordance with the ordinary rules of law, rather than in
accordance with this Regulation, where
(
a) the accident is of a type to which this Regulation does not
apply, or
(
b) there is insufficient information with respect to the accident
to determine the degree to which the insured is at fault.
Automobiles travelling in same direction and same lane
5(1) This
section applies to an accident in which automobile A is
struck from the rear by automobile B while both automobiles are
travelling in the same direction and in the same lane.
(2) Where the accident occurs when automobile A is stopped or is in
forward motion,
(
a) the driver of automobile A is not at fault for the accident, and
(
b) the driver of automobile B is 100% at fault for the accident.
Figure 1:
section 5(2)
(3) Where the accident occurs when automobile A is turning, to the
right or to the left in order to enter a side road or private road or
driveway,
(
a) the driver of automobile A is not at fault for the accident, and
(
b) the driver of automobile B is 100% at fault for the accident.
Figure 2:
section 5(3)
(4) Where the accident occurs when automobile A is entering a
parking place on the right or left side of a highway in forward motion,
(
a) the driver of automobile A is not at fault for the accident, and
(
b) the driver of automobile B is 100% at fault for the accident.
Figure 3:
section 5(4)
Automobiles travelling in same direction and adjacent lanes
6(1) This
section applies to an accident in which automobile A and
automobile B collide while both automobiles are travelling on a
highway in the same direction and in adjacent lanes and neither
automobile is overtaking or passing the other.
(2) Where neither automobile A nor automobile B are changing lanes
when the accident occurs and both automobiles are on or over the
centre line when the accident occurs, the driver of each automobile is
50% at fault for the accident.
Figure 4:
section 6(2)
(3) Where the location on the roadway of automobile A and
automobile B when the accident occurred cannot be determined, the
driver of each automobile is 50% at fault for the accident.
(4) Where automobile B is changing lanes when the accident occurs,
(
a) the driver of automobile A is not at fault for the accident, and
(
b) the driver of automobile B is 100% at fault for the accident.
Figure 5:
section 6(4)
Automobiles travelling in same direction
and adjacent lanes - overtaking or passing
7(1) This
section applies to an accident in which automobile A and
automobile B collide while travelling on a highway in adjacent lanes
and automobile B is overtaking or passing automobile A.
(2) Where the accident occurs when automobile A is turning left at an
intersection and automobile B is overtaking or passing automobile A,
(
a) the driver of automobile A is not at fault for the accident, and
(
b) the driver of automobile B is 100% at fault for the accident.
Figure 6:
section 7(2)
(3) Subject to subsection (4), where the accident occurs when
automobile A is turning left to enter a parking place or private road or
driveway and automobile B is overtaking or passing automobile A,
(
a) the driver of automobile A is 75% at fault for the accident,
and
(
b) the driver of automobile B is 25% at fault for the accident.
Figure 7:
section 7(3)
(4) Where the accident occurs when automobile A is turning left to
enter a parking place or private road or driveway and automobile B is
overtaking or passing one or more automobiles stopped behind
automobile A,
(
a) the driver of automobile A is not at fault for the accident, and
(
b) the driver of automobile B is 100% at fault for the accident.
Figure 8:
section 7(4)
Automobiles travelling in opposite directions
8(1) This
section applies to an accident in which automobile A and
automobile B collide while travelling in opposite directions and in
adjacent lanes.
(2) Where neither automobile A nor automobile B are changing lanes
when the accident occurs and both automobiles are on or over the
centre line when the accident occurs, the driver of each automobile is
50% at fault for the accident.
Figure 9:
section 8(2)
(3) Where the location on the roadway of automobile A and
automobile B when the accident occurred cannot be determined, the
driver of each automobile is 50% at fault for the accident.
(4) Where only automobile B is over the centre line when the accident
occurs,
(
a) the driver of automobile A is not at fault for the accident, and
(
b) the driver of automobile B is 100% at fault for the accident.
Figure 10:
section 8(4)
(5) Where the accident occurs when automobile B turns left into the
path of automobile A,
(
a) the driver of automobile A is not at fault for the accident, and
(
b) the driver of automobile B is 100% at fault for the accident.
Figure 11:
section 8(5)
(6) Where the accident occurs when automobile B is entering the
highway from a parking place or private road or driveway and
automobile A is overtaking or passing another automobile,
(
a) the driver of automobile A is not at fault for the accident, and
(
b) the driver of automobile B is 100% at fault for the accident.
Figure 12:
section 8(6)
Automobile entering highway from parking place or private road or
driveway
9(1) This
section applies to an accident in which automobile A and
automobile B collide while automobile A is travelling on a highway
and automobile B is entering the highway from a parking place or
private road or driveway.
(2) Where the accident occurs when automobile B is entering the
highway from a parking place and automobile A is travelling past the
parking place on the highway,
(
a) the driver of automobile A is not at fault for the accident, and
(
b) the driver of automobile B is 100% at fault for the accident.
Figure 13:
section 9(2)
(3) Where the accident occurs when automobile B is entering the
highway from a private road or driveway, automobile A is travelling
past the private road or driveway on the highway and there are no
traffic signs at the intersection of the highway and the private road or
driveway,
(
a) the driver of automobile A is not at fault for the accident, and
(
b) the driver of automobile B is 100% at fault for the accident.
Figure 14:
section 9(3)
Automobile entering controlled highway
10 Where an accident occurs in which automobile A and automobile
B collide while automobile A is travelling on a controlled highway and
automobile B is entering the controlled highway from an entrance lane,
(
a) the driver of automobile A is not at fault for the accident, and
(
b) the driver of automobile B is 100% at fault for the accident.
Figure 15:
section 10
Chain reaction accidents
11(1) This
section applies to chain reaction accidents.
(2) The degree of fault with respect to each accident between 2
automobiles involved in a chain reaction accident must be determined
without reference to any other accidents in the chain reaction accident
that involve either of the automobiles.
(3) Where all automobiles involved in a chain reaction accident are
travelling on a highway and in forward motion when the accident
occurs,
(
a) with respect to the accident between automobiles A and B,
where automobile A is the first vehicle and automobile B is
the 2nd vehicle, neither driver is at fault, and
(
b) with respect to the accident between automobiles B and C,
where automobile B is the 2nd vehicle and automobile C is
the 3rd vehicle, the driver of automobile B is not at fault and
the driver of automobile C is 100% at fault.
(4) Where all automobiles involved in a chain reaction accident,
except automobile C, are stopped when the accident occurs,
(
a) with respect to the accident between automobiles A and B,
where automobile A is the first vehicle and automobile B is
the 2nd vehicle, neither driver is at fault, and
(
b) with respect to the accident between automobiles B and C,
where automobile B is the 2nd vehicle and automobile C is
the 3rd vehicle, the driver of automobile B is not at fault and
the driver of automobile C is 100% at fault.
Figure 16:
section 11(4)
Pile-ups
12(1) This
section applies to pile-ups.
(2) With respect to each accident between 2 automobiles involved in a
pile-up, the driver of each automobile involved in the accident is 50%
at fault.
Figure 17:
section 12(2)
Intersections without traffic signs or traffic control signals
13(1) This
section applies to an accident in which automobile A and
automobile B collide in an intersection without traffic signs or traffic
control signals.
(2) Where the accident occurs when automobile A enters the
intersection before automobile B,
(
a) the driver of automobile A is not at fault for the accident, and
(
b) the driver of automobile B is 100% at fault for the accident.
(3) Where the accident occurs when both automobile A and
automobile B enter the intersection at the same time, and automobile A
is located to the right of automobile B in the intersection,
(
a) the driver of automobile A is not at fault for the accident, and
(
b) the driver of automobile B is 100% at fault for the accident.
(4) Where it cannot be determined whether automobile A or
automobile B entered the intersection first, the driver of each
automobile is 50% at fault for the accident.
Intersections with traffic signs
14(1) This
section applies to an accident in which automobile A and
automobile B collide in an intersection with traffic signs.
(2) Where the accident occurs when the driver of automobile B fails to
obey a traffic sign,
(
a) the driver of automobile A is not at fault for the accident, and
(
b) the driver of automobile B is 100% at fault for the accident.
(3) Where the accident occurs when the drivers of automobile A and
automobile B each fail to obey a stop sign, the driver of each
automobile is 50% at fault for the accident.
(4) Where it cannot be determined whether the driver of automobile A
or automobile B, or both, failed to obey a stop sign when the accident
occurred, the driver of each automobile is 50% at fault for the accident.
(5) Where the accident occurs when automobile A stops first at an all-
way stop intersection,
(
a) the driver of automobile A is not at fault for the accident, and
(
b) the driver of automobile B is 100% at fault for the accident.
(6) Where the accident occurs when both automobile A and
automobile B arrive at an intersection with an all-way stop sign at the
same time, and automobile A is stopped to the right of automobile B at
the intersection,
(
a) the driver of automobile A is not at fault for the accident, and
(
b) the driver of automobile B is 100% at fault for the accident.
(7) Where it cannot be determined whether automobile A or
automobile B arrived at an intersection with an all-way stop sign first,
the driver of each automobile is 50% at fault for the accident.
Intersections with traffic control signals
15(1) This
section applies to an accident in which automobile A and
automobile B collide in an intersection with traffic control signals.
(2) Where the accident occurs when the driver of automobile B fails to
obey a traffic control signal,
(
a) the driver of automobile A is not at fault for the accident, and
(
b) the driver of automobile B is 100% at fault for the accident.
(3) Where it cannot be determined whether the driver of automobile A
or the driver of automobile B failed to obey a traffic control signal
when the accident occurred, the driver of each automobile is 50% at
fault for the accident.
(4) Where the traffic control signals at an intersection are inoperative
or malfunctioning, the degree to which each driver is at fault for the
accident must be determined in accordance with this Regulation as if
the intersection was an intersection with an all-way stop sign.
Parking lots
16(1) This
section applies to an accident in which automobile A and
automobile B collide in a parking lot.
(2) The degree to which a driver is at fault in an accident that occurs
on a thoroughfare must be determined in accordance with this
Regulation as if the thoroughfare were a highway.
(3) Subject to subsection (5), where the accident occurs when
automobile A is travelling on a thoroughfare and automobile B enters
the thoroughfare from a feeder lane and fails to yield the right of way
to automobile A,
(
a) the driver of automobile A is not at fault for the accident, and
(
b) the driver of automobile B is 100% at fault for the accident.
(4) Where the accident occurs when automobile A is travelling on a
thoroughfare or feeder lane and automobile B is entering the
thoroughfare or feeder lane from a parking space and fails to yield the
right of way to automobile A,
(
a) the driver of automobile A is not at fault for the accident, and
(
b) the driver of automobile B is 100% at fault for the accident.
(5) Where an accident occurs in an intersection in a parking lot
(
a) with a traffic sign, the degree to which each driver is at fault
must be determined in accordance with
section 14, and
(
b) without a traffic sign, the degree to which each driver is at
fault must be determined in accordance with
section 13 if it
cannot be determined whether the roads are thoroughfares or
feeder lanes.
Parked automobiles
17(1) Subject to subsection (2), where an accident occurs in which
automobile B collides with automobile A while automobile A is
parked,
(
a) the driver of automobile A is not at fault for the accident, and
(
b) the driver of automobile B is 100% at fault for the accident.
(2) Where automobile A is illegally parked, stopped or standing when
the accident occurs and the accident occurs outside of an urban area,
(
a) the driver of automobile A is 100% at fault for the accident,
and
(
b) the driver of automobile B is not at fault for the accident.
Driver fails to obey sign or direction
18 Where an accident occurs in which automobile A and automobile
B collide when the driver of automobile B fails to obey a direction
given by a peace officer or a sign prohibiting entry, overtaking, passing
or turning,
(
a) the driver of automobile A is not at fault for the accident, and
(
b) the driver of automobile B is 100% at fault for the accident.
Backing up or making U-turns
19 Where an accident occurs in which automobile A and automobile
B collide while automobile B is backing up or making a U-turn,
(
a) the driver of automobile A is not at fault for the accident, and
(
b) the driver of automobile B is 100% at fault for the accident.
Open doors
20(1) Subject to subsection (2), where an accident occurs in which
automobile A collides with automobile B when the driver of or
passenger in automobile B opens the automobile door or when the
driver of or passenger in automobile B leaves the automobile door
open,
(
a) the driver of automobile A is not at fault for the accident, and
(
b) the driver of automobile B is 100% at fault for the accident.
(2) Where an accident occurs in which automobile A collides with
automobile B when the driver of or passenger in automobile B opens
the automobile door or leaves the automobile door open in a manner
that is reasonably safe and does not constitute a hazard to moving
traffic,
(
a) the driver of automobile A is 100% at fault for the accident,
and
(
b) the driver of automobile B is not at fault for the accident.
Driving offences
21(1) Where an accident occurs in which automobile A and
automobile B collide, the degree to which the drivers of automobile A
and automobile B are each at fault for the accident must be determined
in accordance with the ordinary rules of law and not in accordance
with this Regulation if
(
a) the driver of automobile A is charged with a driving offence
referred to in subsection (2), and
(
b) the driver of automobile B would have been wholly or partly
at fault for the accident if fault were determined under this
Regulation.
(2) For the purposes of this section, where one or more of the
following occurs as a result of an accident, it constitutes being charged
with a driving offence:
(
a) a driver is charged with operating an automobile while the
driver's ability to operate the automobile was impaired to any
degree by alcohol or a drug or by a combination of alcohol
and a drug;
(
b) a driver is charged with having, within 2 hours after ceasing
to operate an automobile,
(
i) a blood alcohol concentration,
(ii) a blood drug concentration, or
(iii) a blood alcohol concentration and blood drug
concentration
that is equal to or exceeds the limits permitted by law;
(
c) a driver is charged with an indictable offence under the
Criminal Code (Canada) related to the operation of an
automobile;
(
d) a driver is given a demand to provide a breath sample or a
sample of a bodily substance and the driver is charged with
failing or refusing to comply with the demand;
(
e) a driver is charged with exceeding the speed limit by 31 or
more kilometres per hour;
(
f) a driver is given a demand to perform physical coordination
tests or to submit to an evaluation and the driver is charged
with failing or refusing to comply with the demand;
(
g) a notice of administrative penalty is issued to a driver under
section 88.1 of the Traffic Safety Act.
Voluntary Payments, Prescribed Classes of
Contracts and Permitted Indemnification
Voluntary payment
22 For the purposes of
section 585.1(7)(
c) of the Act, the acceptance
by the insurer of a person who is not at fault of a voluntary payment
from a person who is at fault in the amount the insurer paid as
indemnity in respect of its insured is not subrogation against the person
who makes the payment.
Permitted indemnification - selling, repairing, etc.
23(1) For the purposes of
section 585.1(7)(
c) of the Act, the insurer of
an automobile that is in the care, custody or control of a person who is
engaged in the business of selling, repairing, maintaining, servicing,
storing or parking automobiles has a right of indemnification against
the person.
(2) The amount of the indemnity is limited to the proportion of the
loss of use or damage that is attributable to the fault, determined in
accordance with this Regulation, of the person or an employee or agent
of the person.
Permitted indemnification - towing
24(1) In this section,
(a) "lessee" means a person to whom a lessor leases or grants
exclusive use of a motor vehicle;
(b) "lessor" means a lessor as defined in
section 187 of the
Traffic Safety Act;
(c) "rentee" means a person to whom a renter rents a motor
vehicle;
(d) "renter" means a renter as defined in
section 187 of the
Traffic Safety Act.
(2) For the purposes of
section 585.1(7)(
c) of the Act, the insurer of an
automobile that is being towed by another automobile has a right of
indemnification against the lessee or rentee or, if there is no lessee or
rentee, the owner of the automobile towing it,
(
a) if the lessee, rentee or owner, as the case may be, is engaged
in the business of towing automobiles, or
(
b) if the automobile towing the insured automobile has a gross
vehicle weight of 4500 kilograms or more.
(3) The amount of the indemnity is limited to the proportion of the
loss of use or damage that is attributable to the fault, determined in
accordance with this Regulation, of the driver of the automobile that is
towing the insured automobile.
Permitted indemnification - loss of
or damage to contents
25(1) For the purposes of
section 585.1(7)(
c) of the Act, the insurer of
an automobile, the contents of which suffer loss of use or damage in an
amount greater than $20 000 as a result of an accident, has a right of
indemnification against the insurer of the other automobile involved in
the accident.
(2) The amount of the indemnity is limited to the proportion of the
loss of use or damage over $20 000 that is attributable to the fault,
determined in accordance with this Regulation, of the driver of the
other automobile.
Prescribed classes of contracts
26 For the purposes of
section 585.1(8) of the Act, contracts
evidenced by a motor vehicle liability policy are a prescribed class of
contract.
Expiry and Coming into Force
Expiry
27 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be
repassed in its present or an amended form following a review, this
Regulation expires on January 31, 2027.
Coming into force
28 This Regulation comes into force on the coming into force of
section 585.1 of the Insurance Act.
--------------------------------
Alberta Regulation 133/2021
Insurance Act
MISCELLANEOUS INSURANCE PROVISIONS
AMENDMENT REGULATION
Filed: June 17, 2021
For information only: Made by the Lieutenant Governor in Council (O.C. 181/2021)
on June 17, 2021 pursuant to
section 596 of the Insurance Act.
1 The Miscellaneous Insurance Provisions Regulation
(AR 120/2001) is amended by this Regulation.
Section 7.1 is amended by adding the following after
subsection (4):
(5) This
section does not apply in respect of an insured's right of
recovery under
section 585.1(3) of the Act.
3 The following is added after
section 9:
Expiry
9.1 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be
repassed in its present or an amended form following a review, this
Regulation expires on January 31, 2027.
4 This Regulation comes into force on the coming into
force of
section 585.1 of the Insurance Act.
Alberta Regulation 134/2021
Architects Act
ARCHITECTS ACT GENERAL (EXPIRY DATE EXTENSION)
AMENDMENT REGULATION
Filed: June 23, 2021
For information only: Made by the Lieutenant Governor in Council (O.C. 183/2021)
on June 23, 2021 pursuant to
section 9 of the Architects Act.
1 The Architects Act General Regulation (AR 200/2009) is
amended by this Regulation.
Section 64.1 is amended by striking out "October 31, 2021"
and substituting "October 31, 2026".
--------------------------------
Alberta Regulation 135/2021
Engineering and Geoscience Professions Act
ENGINEERING AND GEOSCIENCE PROFESSIONS ACT
REGULATIONS (EXPIRY DATE EXTENSION)
AMENDMENT REGULATION
Filed: June 23, 2021
For information only: Approved by the Lieutenant Governor in Council (O.C.
184/2021) on June 23, 2021 pursuant to sections 19, 87.3 and 88.5 of the Engineering
and Geoscience Professions Act.
1(1) The ASET Regulation (AR 282/2009) is amended by this
section.
(2) Section 53 is amended by striking out "September 30,
2021" and substituting "September 30, 2026".
2(1) The Engineering and Geoscience Professions General
Regulation (AR 150/99) is amended by this section.
(2) Section 79.1 is amended by striking out "September 30,
2021" and substituting "September 30, 2026".
3(1) The Professional Technologists Regulation
(AR 283/2009) is amended by this section.
(2) Section 37 is amended by striking out "September 30,
2021" and substituting "September 30, 2026".
--------------------------------
Alberta Regulation 136/2021
Employment Standards Code
EMPLOYMENT STANDARDS (COVID-19 LEAVE)
AMENDMENT REGULATION
Filed: June 23, 2021
For information only: Made by the Lieutenant Governor in Council (O.C. 185/2021)
on June 23, 2021 pursuant to
section 138 of the Employment Standards Code.
1 The Employment Standards (COVID-19 Leave)
Regulation (AR 29/2020) is amended by this Regulation.
Section 4.1(6) is repealed.
--------------------------------
Alberta Regulation 137/2021
Common Business Number Act
COMMON BUSINESS NUMBER
AMENDMENT REGULATION
Filed: June 23, 2021
For information only: Made by the Lieutenant Governor in Council (O.C. 190/2021)
on June 23, 2021 pursuant to
section 11 of the Common Business Number Act.
1 The Common Business Number Regulation (AR 33/2018)
is amended by this Regulation.
2 The following is added after
section 8:
Expiry
8.1 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be
repassed in its present or an amended form following a review, this
Regulation expires on June 30, 2026.
3 The
Schedule is repealed and the following is
substituted:
Schedule
1 The following enactments are designated enactments:
(
a) the ABC Benefits Corporation Act;
(
b) the Alberta Corporate Tax Act;
(
c) the Business Corporations Act;
(
d) the Companies Act;
(
e) the Crown's Right of Recovery Act;
(
f) the Electric Utilities Act;
(
g) the Emergency 911 Act;
(
h) the Emissions Management and Climate Resilience Act;
(
i) the Employment Standards Code;
(
j) the Environmental Protection and Enhancement Act;
(
k) the Fisheries (Alberta) Act;
(
l) the Fuel Tax Act;
(
m) the Mines and Minerals Act,
Part 8;
(
n) the Occupational Health and Safety Act;
(
o) the Partnership Act;
(
p) the Provincial Parks Act;
(
q) the Public Lands Act;
(
r) the Religious Societies' Land Act;
(
s) the Societies Act;
(
t) the Tobacco Tax Act;
(
u) the Tourism Levy Act;
(
v) the Unclaimed Personal Property and Vested Property Act;
(
w) the Water Act;
(
x) the Wildlife Act;
(
y) regulations made under an enactment referred to in this
Schedule.
--------------------------------
Alberta Regulation 138/2021
Condominium Property Act
CONDOMINIUM PROPERTY
AMENDMENT REGULATION
Filed: June 23, 2021
For information only: Made by the Lieutenant Governor in Council (O.C. 191/2021)
on June 23, 2021 pursuant to
section 81 of the Condominium Property Act.
1 The Condominium Property Regulation (AR 168/2000) is
amended by this Regulation.
Section 1(1) is amended
(
a) by renumbering clause (a.01) as (a.02) and adding
the following before clause (a.02):
(a.01) "building envelope" means the collection of
components that separate conditioned space from
unconditioned space, the exterior air or the ground, or
that separate conditioned spaces intended to be
conditioned to temperatures differing by more than
10oC at design conditions and includes
(
i) the roofing and sub-roof, including
(
A) air, water and vapour control systems,
(
B) insulation, circulation and venting for attic
space and soffits, and
(
C) membranes,
(ii) cladding components,
(iii) balcony membranes and sealants, and
(iv) parkade membranes and sealants that are
accessible for non-invasive visual inspection;
(
b) by adding the following after clause (a.02):
(a.03) "converted property study" means a building
assessment report prepared under
section 21.1 of the
Act in respect of a conversion;
Section 20.01(1)(
f) is repealed and the following is
substituted:
(
f) if the unit being sold is a conversion unit,
(
i) the date of original construction of the building,
(ii) a description of all previous uses of the building,
(iii) the Alberta Building Code applicable at the time of
construction of the building,
(iv) the dates on which the physical modification referred to
section 45.11(b)(ii), if any, was commenced and
completed,
(
v) a copy of the reserve fund report for the corporation,
(vi) a copy of the building assessment report or converted
property study, as applicable, and
(vii) a description of any major retrofits to a building in the
conversion prior to conversion;
Section 20.03(1)(
c) is amended by adding the following
after subclause (vi):
(vi.1) in the case of a conversion, the converted property study or
building assessment report, as applicable;
Section 20.2(1) is amended by adding the following after
clause (d):
(d.1) in the case of a conversion, the converted property study or
building assessment report, as applicable;
Section 23(2)(a.4) is amended by adding "the converted
property study or building assessment report, if applicable," after "the
condominium plan,".
Section 45.1 is repealed and the following is substituted:
Interpretation
45.1 In this Part,
(a) "deficiencies" includes damages and defects;
(b) "normal wear and tear" means deterioration that occurs over
time due to the ordinary use of the building, even though the
building receives reasonable care and maintenance.
8 The following is added after
section 45.1:
Contract with arm's-length, qualified preparer
45.11(1) For the purposes of
section 21.1 of the Act,
(
a) a professional technologist may prepare a converted property
study only if the professional technologist is a professional
engineer or registered architect or is supervised by a
professional engineer or registered architect, and
(
b) the developer shall
(
i) enter into an arm's-length contract with a professional
engineer or registered architect for the preparation of a
converted property study for the common property and
common facilities of the conversion, and
(ii) if the converted property requires physical modification
other than to address normal wear and tear, the contract
referred to in subclause (
i) must be entered into before
undertaking any physical modification.
(2) For the purposes of subsection (1), "professional engineer or
registered architect" includes a corporate entity if the corporate
entity, in preparing a converted property study, employs or otherwise
retains the services of a professional engineer or registered architect
for the purposes of preparing, signing and stamping the converted
property study.
(3) For the purposes of subsection (1)(b), the following individuals
shall not enter a contract for or prepare a converted property study:
(
a) a director, officer or employee of the developer;
(
b) a professional engineer or registered architect otherwise
retained by the developer;
(
c) any person with a financial interest in the sale of units that
are part of the conversion;
(
d) a partner, employer or employee of a person referred to in
clause (a), (
b) or (c);
(
e) the spouse or common-law partner or a child of a person
referred to in clause (a), (
b) or (c).
(4) Despite subsections (1) and (3), where a contract for a building
assessment report was entered into before July 1, 2021, the
qualifications of a person to carry out the building assessment report
are governed by
Part 3.1 as it read immediately before that date.
(5) Nothing in this Part precludes a professional engineer or
registered architect from
(
a) engaging a person who is not a professional engineer or
registered architect to assist in the preparation of a converted
property study, or
(
b) relying on information and documents prepared or provided
by a person who is not a professional engineer or registered
architect in the preparation of a converted property study.
Section 45.2 is repealed and the following is substituted:
Conduct of building inspection, survey
45.2(1) A person engaged to prepare a converted property study in
respect of a building in a conversion shall, prior to the preparation of
the converted property study,
(
a) identify, locate and conduct an inspection of the real property
of the corporation, the common property and managed
property in the building, and
(
b) conduct a survey of occupants, if any, of the building,
respecting any observed deficiencies in the building.
(2) A person engaged to prepare a converted property study may
(
a) retain the services of any expert or professional that the
person considers necessary, or
(
b) require any person to provide
(
i) drawings, permit applications and permits under the
Safety Code Act,
(ii) inspection reports, reports from inspections of work in
progress, and any document containing health and
safety information as defined under the Occupational
Health and Safety Act relating to the property, and
(iii) as-built plans, warranties and any other documents,
specifications or information that may be reasonably
relevant to the inspection in the possession or control of
the person.
Section 45.3 is repealed and the following is
substituted:
Content of converted property study
45.3(1) A converted property study must contain all of the
following:
(
a) the date of original construction of the building;
(
b) a description of all previous uses of the building;
(
c) the Alberta Building Code applicable at the time of
construction of the building;
(
d) the dates on which the physical modification referred to in
section 45.11(b)(ii), if any, was commenced and completed;
(
e) an identification and the location and description of
(
i) all delivery and distribution systems in the building,
(ii) all mechanical systems in the building,
(iii) the building envelope,
(iv) the surface water drainage system around the building,
and
(
v) the load-bearing parts in the building when the building
was built and any identified changes in the load-bearing
parts since the building was built;
(
f) a description of the condition of the building, including
anything in clause (e);
(
g) with respect to a study prepared under
section 45.2(1), a
report including
(
i) a description of the manner in which the inspection
referred to in
section 45.2(1)(
a) was carried out, and
(ii) the survey of occupants conducted under
section
45.2(1)(b), if any;
(
h) a description of
(
i) plumbing line material,
(ii) wiring material,
(iii) moisture ingress and abnormal staining, based on a
visual inspection,
(iv) the foundation, based on a visual inspection, and any
recommendations for further analysis,
(
v) the areas tested for hazardous materials and the result of
all tests conducted including any asbestos or other
hazardous materials detected, and
(vi) any areas that were remediated;
(
i) a copy of any report or plan required under the Occupational
Health and Safety Act with respect to the building;
(
j) for all building components and systems identified or
described in accordance with this section,
(
i) a statement as to whether it was replaced during the
conversion, refurbished or left in its existing condition,
and
(ii) its estimated remaining service life;
(
k) any other building deficiency observed or content considered
relevant by the person engaged to prepare the converted
property study;
(
l) the signature and stamp of the professional engineer or
registered architect contracted to prepare or supervise the
preparation of the converted property study in accordance
with
section 45.11.
(2) For greater certainty, subsection (1)(
e) requires descriptions of
every existing
(
a) delivery and distribution system and mechanical system that
serves 2 or more units,
(
b) roofing and sub-roof, including
(
i) air, water and vapour control systems,
(ii) insulation, circulation and venting for attic space and
soffits, and
(iii) membranes,
(
c) water control systems, including
(
i) eavestroughing,
(ii) cladding components,
(iii) balcony membranes and sealants,
(iv) grade and landscaping drainage courses,
(
v) weeping tile,
(vi) foundation membranes and sealants, and
(vii) parkade membranes and sealants.
(3) The person engaged under
section 21.1(2) of the Act to prepare
the converted property study shall make reasonable efforts to comply
with the Standard Guide for Property Condition Assessments:
Baseline Property Condition Assessment Process published by the
American Society for Testing Materials, ASTM E2018 - 15, as
amended from time to time.
(4) The professional engineer or registered architect contracted to
prepare or supervise the preparation of the converted property study
in accordance with
section 45.1 shall not sign or stamp the converted
property study earlier than 180 days before the first unit in the
conversion is offered for sale.
Section 45.4 is repealed and the following is
substituted:
Delivery to developer
45.4 The person engaged under
section 21.1(2) of the Act to
prepare a converted property study shall prepare and deliver the
converted property study
(
a) to the developer, and
(
b) to the reserve fund study provider.
12 The following is added after
section 45.4:
Disclaimer
45.5 The findings reported in a converted property study do not
make or imply any assurance or guarantee by the Crown in right of
Alberta with respect to the life expectancy, durability or operating
performance of the buildings, materials, appliances, systems and
equipment referred to in the converted property study.
Transitional
45.6 Where a conversion was commenced before July 1, 2021, and
(
a) units were offered for sale before July 1, 2021, a building
assessment report shall be required in accordance with this
Regulation as it read immediately before July 1, 2021 and the
requirements of this Regulation with regard to a converted
property study do not apply, and
(
b) no units were offered for sale until July 1, 2021 or later, a
converted property study is required in accordance with this
Regulation.
Schedule 3, item 1, is amended by striking out item (
n) and substituting the following:
(
n) Any building assessment report required under the New
Home Buyer Protection Act or, in the case of a conversion,
any converted property study or building assessment report
required under
section 16.1(1)(
f) or 21.1 of the Act, as
applicable
14 This Regulation comes into force on July 1, 2021.
--------------------------------
Alberta Regulation 139/2021
Various Acts
LAND AND PROPERTY RIGHTS TRIBUNAL
(VARIOUS REGULATIONS) AMENDMENT REGULATION
Filed: June 23, 2021
For information only: Made by the Lieutenant Governor in Council (O.C. 197/2021)
on June 23, 2021 pursuant to Various Acts.
1(1) The Administrative Penalties Regulation (AR 207/2017)
is amended by this section.
(2) Section 1(
b) is amended by striking out "New Home Buyer
Protection Board" and substituting "Land and Property Rights
Tribunal".
(3) Section 6(1) is amended by striking out "New Home Buyer
Protection Board established under the New Home Buyer Protection
(Ministerial) Regulation (AR 220/2013)" and substituting "Land
and Property Rights Tribunal".
2(1) The Alberta Land Stewardship Regulation
(AR 179/2011) is amended by this section.
(2) Section 23(c)(
i) is amended by striking out "Land
Compensation Board" and substituting "Land and Property Rights
Tribunal".
(3) Section 30(2) is amended by striking out "Land
Compensation Board" wherever it occurs and substituting
"Land and Property Rights Tribunal".
3(1) The Alberta Rules of Court (AR 124/2010) are amended
by this section.
(2) Schedule A is amended in Form 5 by striking out "[Insert
"Provincial Court - Civil Division", "Surface Rights Board", etc. as
appropriate]" and substituting "[Insert "Provincial Court - Civil
Division", "Land and Property Rights Tribunal", etc. as appropriate]".
4(1) The Authorities Designation Regulation (AR 64/2003) is
amended by this section.
(2) Section 1 is repealed and the following is substituted:
Authorities
1 The following authorities are designated as authorities to which
the Administrative Procedures and Jurisdiction Act applies in whole:
(
a) the Land and Property Rights Tribunal;
(
b) the Natural Resources Conservation Board.
5(1) The Conflicts of Interest Act
Part 4.3 Designation Order
(AR 42/2018) is amended by this section.
(2) Table 1 of the
Schedule is amended
(
a) by striking out the following:
ENVIRONMENT AND PARKS
Energy Efficiency Alberta
CEO
Land Compensation Board
Chair
Natural Resources Conservation Board
CEO
Surface Rights Board
Chair
and substituting the following:
ENVIRONMENT AND PARKS
Natural Resources Conservation Board
CEO
(
b) by striking out the following:
MUNICIPAL AFFAIRS
Municipal Government Board
Chair
New Home Buyers Protection Board
Chair
and substituting the following:
MUNICIPAL AFFAIRS
Land and Property Rights Tribunal
Chair
6(1) The Exploration Dispute Resolution Regulation
(AR 227/2003) is amended by this section.
(2) Section 1 is amended
(
a) by repealing clause (f);
(
b) by adding the following after clause (l):
(m) "Tribunal" means the Land and Property Rights
Tribunal established under
section 2 of the Land and
Property Rights Tribunal Act.
(3) Section 4(2)(
b) is amended by striking out "Board" and
substituting "Tribunal".
(4) The heading preceding
section 19 is repealed and the
following is substituted:
Part 2
Land and Property Rights Tribunal
(5) Sections 19 to 24 and 29 are amended by striking out
"Board" wherever it occurs and substituting "Tribunal".
7(1) The Expropriation Act Forms Regulation (AR 188/2001)
is amended by this section.
(2) The
Schedule is amended
(
a) in Form 1 in
section 6 by striking out "Board" and
substituting "Land and Property Rights Tribunal";
(
b) in Form 6 in
section 4 by striking out "(Land
Compensation Board or the Surface Rights Board, as the case
may be)" and substituting "Land and Property Rights
Tribunal".
8(1) The Expropriation Act Rules of Procedure and Practice
(AR 187/2001) are amended by this section.
(2) Section 1 is amended
(
a) by repealing clause (c);
(
b) in clause (
e) by striking out "Board" and substituting
"Tribunal";
(
c) by adding the following after clause (h):
(i) "Tribunal" means the Land and Property Rights
Tribunal established under
section 2 of the Land and
Property Rights Tribunal Act.
(3) Sections 2 to 4, 7 to 14 and 16 are amended by striking
out "Board" wherever it occurs and substituting "Tribunal".
(4) Section 17 is repealed and the following is substituted:
Proceedings before Tribunal
17 Subject to these Rules, any proceedings before the Tribunal
must be held in accordance with the procedures directed by the
Tribunal.
(5) Section 18(
b) is amended by striking out "Board" and
substituting "Tribunal".
(6) The
Schedule is amended
(
a) in Form 1 in
section 1 by striking out "Land
Compensation Board or the Surface Rights Board, as the case
may be" and substituting "Land and Property Rights
Tribunal";
(
b) in Form 3 in
section 4(
a) by striking out "Land
Compensation Board or the Surface Rights Board, as the case
may be," and substituting "Land and Property Rights
Tribunal";
(
c) in Form 4
(
i) by striking out " You are hereby summoned and
required to attend before the Board" and
substituting "You are hereby summoned and
required to attend before the Tribunal";
(ii) by striking out "the Board otherwise orders"
and substituting "the Tribunal otherwise
orders";
(iii) by striking out the following:
Dated at _____ this ___ day of _________ 20___.
BOARD
and substituting the following:
Dated at _____ this ___ day of _________ 20___.
TRIBUNAL
9(1) The Meeting Procedures (COVID-19 Suppression)
Regulation (AR 50/2020) is amended by this section.
(2) Section 1(
b) is amended by striking out "the Municipal
Government Board,".
(3) Section 3(1)(c)(iii) is amended by striking out "or the
Municipal Government Board".
10(1) The New Home Buyer Protection (General) Regulation
(AR 211/2013) is amended by this section.
(2) The following provisions are amended by striking out
"Board" and substituting "Tribunal":
section 4(8);
section 9(1)(a);
section 10(3)(d).
11(1) The Provincial Parks (Dispositions) Regulation
(AR 241/1977) is amended by this section.
(2) Section 28(1)(
f) is amended by striking out "Surface Rights
Board" and substituting "Tribunal".
12(1) The Reform of Agencies, Boards and Commissions
Compensation Regulation (AR 31/2017) is amended by this
section.
(2) Schedule 1 is amended
(
a) by striking out the following:
Chair
Land Compensation Board
Vice-chair
Land Compensation Board
Member
Land Compensation Board
and substituting the following:
Chair
Land and Property Rights Tribunal
Member
Land and Property Rights Tribunal
(
b) by striking out the following:
Chair
Surface Rights Board
Vice-chair
Surface Rights Board
Member
Surface Rights Board
(3) Schedule 2 is amended
(
a) by striking out the following:
Land Compensation Board
Chair
184 365
216 900
249 435
and substituting the following:
Land and Property Rights Tribunal
Chair
184 365
216 900
249 435
(
b) by striking out the following:
Surface Rights Board
Chair
184 365
216 900
249 435
(
c) by striking out the following:
Land Compensation Board
Vice-chair
130 135
153 100
176 065
Natural Resources
Conservation Board
Member
130 135
153 100
176 065
Surface Rights Board
Vice-chair
130 135
153 100
176 065
Appeals Commission under
the Workers' Compensation
Act
Appeals
Commissioner
111 775
131 500
151 225
Land Compensation Board
Member
111 775
131 500
151 225
Surface Rights Board
Member
111 775
131 500
151 225
and substituting the following:
Natural Resources
Conservation Board
Member
130 135
153 100
176 065
Appeals Commission under
the Workers' Compensation
Act
Appeals
Commissioner
111 775
131 500
151 225
Land and Property Rights
Tribunal
Member
111 775
131 500
151 225
--------------------------------
Alberta Regulation 140/2021
Provincial Offences Procedure Act
PROCEDURES (TOBACCO, SMOKING AND VAPING REDUCTION)
AMENDMENT REGULATION
Filed: June 23, 2021
For information only: Made by the Lieutenant Governor in Council (O.C. 211/2021)
on June 23, 2021 pursuant to
section 42 of the Provincial Offences Procedure Act.
1 The Procedures Regulation (AR 63/2017) is amended by
this Regulation.
Section 2(
s) is repealed and the following is substituted:
(
s) Tobacco, Smoking and Vaping Reduction Act;
3 The
Schedule is amended by repealing
Part 29 and
substituting the following:
Part 29
Tobacco, Smoking and Vaping
Reduction Act
1 The specified penalty payable in respect of a contravention of
section 7.5(1) of the Tobacco, Smoking and Vaping Reduction Act is
(
a) if the person is an individual, $250, and
(
b) if the person is a retailer, $750.
2 The specified penalty payable in respect of a contravention of the
Tobacco, Smoking and Vaping Reduction Act shown in Column 1 is
the amount shown in Column 2 in respect of that provision.
Item
Number
Column 1
(Section Number
of Act)
Column 2
(Specified Penalty
in Dollars)
3(a), (b), (c), (d), (e), (f)
(g), (
h) or (i)
3.1(a), (b), or (c)
7(1), (2) or (3)
7(2.1)
7.1
7.2(1)(
a) or (b)
7.21
7.3(a), (b), (c), (d), (
e) or
(f)
7.4(2)
7.41(2)
7.5(2)
4 This Regulation has effect on the coming into force of
the Tobacco and Smoking Reduction Amendment Act,
--------------------------------
Alberta Regulation 141/2021
Tobacco and Smoking Reduction Act
TOBACCO AND SMOKING REDUCTION
AMENDMENT REGULATION
Filed: June 23, 2021
For information only: Made by the Lieutenant Governor in Council (O.C. 212/2021)
on June 23, 2021 pursuant to
section 9 of the Tobacco and Smoking Reduction Act.
1 The Tobacco and Smoking Reduction Regulation
(AR 240/2007) is amended by this Regulation.
2 The title of the Regulation is repealed and the following
is substituted:
TOBACCO, SMOKING AND VAPING
REDUCTION REGULATION
Section 1 is repealed and the following is substituted:
Prescribed distance
1(1) For the purposes of
section 3(
i) of the Act, the prescribed
distance from a doorway, window or air intake of any place referred
to in
section 3(
a) to (
e) or (h)(vii) of the Act is 5 metres.
(2) For the purposes of
section 3(
i) of the Act and this section,
"window" means a window that can be opened to admit air.
Section 1.1 is repealed.
Section 2 is amended
(
a) in subsection (1) by striking out "smoking" and
substituting "smoking and vaping";
(
b) in subsection (2)
(
i) in the portion preceding clause (
a) by striking
out "smoking" and substituting "smoking and
vaping";
(ii) in clause (
b) by striking out "contain the text "no
smoking"" and substituting "contain the text "no
smoking" and "no vaping"".
Section 2.1 is amended
(
a) in subsection (1)
(
i) in the portion preceding clause (
a) by striking
out "tobacco products" and substituting "tobacco
products or vaping products";
(ii) in clause (
a) by striking out "tobacco products"
and substituting "tobacco products or vaping
products, or tobacco products and vaping products, as
the case may be,";
(
b) In subsection (2)
(
i) in the portion preceding clause (
a) by striking
out "tobacco products" and substituting "tobacco
products or vaping products";
(ii) in clause (
b) by striking out "to sell tobacco
products" and substituting "to sell tobacco products
or vaping products".
Section 3 is repealed and the following is substituted:
Signs permitting smoking and vaping
3(1) For the purposes of
section 7(2) of the Act, a sign permitting
smoking or vaping, or smoking and vaping, as the case may be, must
(
a) be posted at each entrance to a room that is designated as a
smoking room or vaping room, or a smoking and vaping
room, as the case may be, under
section 5 of the Act, and
(
b) be clearly visible to persons entering the room or place.
(2) For the purposes of
section 7(2) of the Act, a sign permitting
smoking and vaping must
(
a) contain the graphic symbol set out in
Schedule 2, which must
(
i) depict the symbol in green or black on a contrasting
background that makes the symbol clearly legible in
whatever lighting is used in the public place or
workplace, and
(ii) be of a size that makes it clearly discernible to the
persons to whom it is directed,
and
(
b) contain the text "smoking permitted" and "vaping permitted"
in capital or lower case letters, which must
(
i) be set out in a style and size that is clearly legible, and
(ii) be set out on a contrasting background that makes the
text clearly legible in whatever lighting is used in the
public place or workplace.
(3) For the purposes of
section 7(2) of the Act,
(
a) a sign permitting smoking and prohibiting vaping must
contain the text "smoking permitted" and "no vaping" in
capital or lower case letters, which must
(
i) be set out in a style and size that is clearly legible, and
(ii) be set out on a contrasting background that makes the
text clearly legible in whatever lighting is used in the
public place or workplace,
and
(
b) a sign permitting vaping and prohibiting smoking must
contain the text "vaping permitted" and "no smoking" in
capital or lower case letters, which must
(
i) be set out in a style and size that is clearly legible, and
(ii) be set out on a contrasting background that makes the
text clearly legible in whatever lighting is used in the
public place or workplace.
Section 5 is amended
(
a) by striking out "tobacco products" and substituting
"tobacco products or vaping products, or tobacco products
and vaping products, as the case may be,";
(
b) in clause (
h) by striking out "tobacco product" and
substituting "tobacco product or vaping product, as the
case may be,".
9 The following is added after
section 5.1:
Exemption for vaping product retailers
5.2 Despite
section 7.2 of the Act, and subject to the Tobacco and
Vaping Products Act (Canada), a vaping product retailer may
advertise or promote a vaping product if the following conditions are
met:
(
a) the retailer provides advertising materials in hard copy and
the materials have only the following visible characteristics:
(
i) black text on a white background;
(ii) each character in the text of the materials has the same
font and type size with no bold, italics or underlining in
the text;
(
b) the advertising materials must have no visual effect or other
effect that may draw attention to the materials;
(
c) the advertising materials are provided only on request to
customers who meet the requirements provided in
section
7.5(2) of the Act for furnishing;
(
d) the advertising materials are kept behind the counter at the
retail location;
(
e) minors cannot handle or distribute the advertising materials
unless working as an employee of the retailer at the retail
location.
Section 7 is amended
(
a) by striking out "tobacco products" wherever it occurs
and substituting "tobacco products or vaping products";
(
b) in clause (a)(ii) by striking out "smoking" and
substituting "smoking or vaping";
(
c) in clause (
h) by striking out "tobacco product" and
substituting "tobacco product or vaping product".
Section 7.2 is amended
(
a) by striking out "tobacco product" and substituting
"tobacco product or vaping product";
(
b) by striking out "tobacco products" and substituting
"tobacco products or vaping products".
Section 7.3 is repealed and the following is substituted:
Minor employee handling tobacco or vaping products
7.3(1) For the purpose of
section 3.1 of the Act, "possess" does not
include a minor holding, giving, carrying or otherwise handling a
tobacco product or vaping product while on duty and working in the
capacity of an employee.
(2) To avoid any doubt, a minor is not in contravention of
section
3.1(
a) of the Act when holding, giving, carrying or otherwise
handling a tobacco product or vaping product while on duty and
working in the capacity of an employee.
(3) Notwithstanding anything in this section, if a minor employee
smokes, vapes or otherwise consumes a tobacco product or vaping
product anywhere on the premises where the employee usually works,
whether on duty or not, that employee is in contravention of
section
3.1(
a) of the Act.
Section 10 is repealed and the following is substituted:
Exemption for tobacconists and
specialty vape store retailers
10(1) For the purposes of this Regulation,
(a) "tobacconist" means a person who sells at retail only the
following:
(
i) tobacco;
(ii) cigars;
(iii) cigarettes;
(iv) tobacco-related products, including cigarette paper,
matches, lighters, cigar and cigarette holders, pipes,
pipe cases, pipe cleaners, pouches and humidors;
(b) "specialty vape store" means the retail premises of a
specialty vape store retailer;
(c) "specialty vape store retailer" means a person who sells at
retail only the following:
(
i) vaping products;
(ii) vape-related products, including vaping product
replacement parts, batteries, chargers, vaping product
assembly supplies, wraps, stands and cases.
(2) Sections 7.1 and 7.2(1)(
a) of the Act do not apply to a
tobacconist or specialty vape store retailer if minors are prohibited
from entering the retail premises of the tobacconist or the specialty
vape store, as the case may be.
(3) Despite
section 7.2(1)(
b) of the Act, a tobacconist or specialty
vape store retailer may display a sign visible outside the retail
premises of the tobacconist or the specialty vape store, as the case
may be, that indicates the name of the retailer's business.
(4) Nothing in this
section prohibits a person who is both a
tobacconist and a specialty vape store retailer from operating within
a single retail premises as long as the person complies with the
requirements under the Act and this Regulation.
Section 10.1(2) is amended
(
a) by striking out "smoke" and substituting "smoke or
vape";
(
b) in clause (
a) by striking out "smoking room" and
substituting "smoking room or vaping room, or smoking
and vaping room, as the case may be,";
(
c) in clause (
b) by striking out "smoking" and
substituting "smoking or vaping".
15 The following is added after
section 10.1:
Exemption for cigar lounges
10.11(1) In this section,
(a) "cigar" means cigar as defined in
section 9.1(1)(c);
(b) "cigar lounge" means a room where adults can smoke cigars
indoors.
(2) Despite
section 3(
d) and (
e) of the Act, a person may smoke only
cigars in a cigar lounge if the cigar lounge meets the following
conditions:
(
a) the cigar lounge is designated as a cigar lounge by the
manager;
(
b) the cigar lounge has floor-to-ceiling walls, a ceiling and
doors that separate the lounge visually and physically from
any adjacent area in which smoking is prohibited under the
Act;
(
c) the cigar lounge has doors equipped with a properly
functioning self-closing device;
(
d) the cigar lounge is equipped with a separate ventilation
system that maintains negative air pressure at all times and
exhausts smoke directly to the outside of the building in
which the lounge is located;
(
e) minors have no access to the cigar lounge;
(
f) no service, including cleaning, is allowed in the cigar lounge
during the hours of operation.
Exemption for specialty vape stores
10.12(1) Despite
section 3(
d) and (
e) of the Act, a person may
sample vaping products at a specialty vape store if the specialty vape
store meets the following conditions:
(
a) the vaping products are offered for sampling only to
customers within the specialty vape store for the purpose of
the customer determining whether to purchase the vaping
product;
(
b) employees of the specialty vape store are not permitted to
sample the vaping products while on duty;
(
c) minors are prohibited from entering the specialty vape store;
(
d) the specialty vape store has floor-to-ceiling walls, a ceiling
and doors that separate it physically from any adjacent area
in which smoking or vaping is prohibited under the Act.
Section 11 is repealed.
Section 12 is amended by striking out "October 31, 2021"
and substituting "October 31, 2026".
Section 13 is repealed.
19 The following provisions are amended by striking out
"tobacco product" and substituting "tobacco product or vaping
product":
section 8(1) and (3);
section 8.1.
Schedule 1 is amended by striking out the following:
and substituting the following:
Schedule 2 is amended by striking out the following:
and substituting the following:
22 This Regulation has effect on the coming into force of
the Tobacco and Smoking Reduction Amendment Act,
Alberta Regulation 142/2021
Alberta Health Care Insurance Act
CLAIMS FOR BENEFITS
AMENDMENT REGULATION
Filed: June 25, 2021
For information only: Made by the Minister of Health (M.O. 14/2021) on May 26,
2021 pursuant to
section 32 of the Alberta Health Care Insurance Act.
1 The Claims for Benefits Regulation (AR 81/2006) is
amended by this Regulation.
Section 3 is amended
(
a) in subsection (1) by repealing clause (
b) and
substituting the following:
(
b) the practitioner who provided the health service,
(b.1) a person referred to in
section 20.1 of the Act, or
(
b) in subsection (4) by striking out "under" and
substituting "referred to in".
Section 4 is repealed and the following is substituted:
Payment
4(1) In this section, "clinic" means a group of practitioners who
practise their profession together.
(2) A practitioner may assign the benefits to which the practitioner
is entitled to
(
a) a clinic of which the practitioner is a member,
(
b) an organization other than a person referred to in
section 20.1
of the Act that employs or has entered into a service
agreement or arrangement with the practitioner, or
(
c) another practitioner.
(3) Every practitioner who submits a claim for benefits for payment
by the Minister is responsible for ensuring the accuracy of the
information and is liable for inaccurate information shown on the
claim for benefits.
Section 7(1)(
a) is amended by adding "or a person referred
to in
section 20.1 of the Act" after "a practitioner".
5 The following is added after
section 10:
Expiry
10.1 For the purposes of ensuring that this Regulation is reviewed
for ongoing relevancy and necessity, with the option that it may be
repassed in its present or an amended form following a review, this
Regulation expires on March 31, 2031.
--------------------------------
Alberta Regulation 143/2021
Alberta Health Care Insurance Act
MEDICAL BENEFITS
AMENDMENT REGULATION
Filed: June 25, 2021
For information only: Made by the Minister of Health (M.O. 15/2021) on May 26,
2021 pursuant to
section 32 of the Alberta Health Care Insurance Act.
1 The Medical Benefits Regulation (AR 84/2006) is
amended by this Regulation.
Section 9(1) is repealed and the following is substituted:
Specialist benefits
9(1) Specialist benefits for insured medical services provided in
Alberta are payable in respect of a physician who
(
a) is authorized to use the term "specialist" in accordance with
the Health Professions Act, or
(
b) has received an interim authorization issued by the College
of Physicians and Surgeons of Alberta under that Act,
indicating that the physician has completed the requirements
to be authorized to use the title "specialist".
3 The following is added after
section 11:
Expiry
11.1 For the purposes of ensuring that this Regulation is reviewed
for ongoing relevancy and necessity, with the option that it may be
repassed in its present or an amended form following a review, this
Regulation expires on March 31, 2031.
--------------------------------
Alberta Regulation 144/2021
Public Health Act
PUBLIC HEALTH ACT REGULATIONS (EXPIRY DATE
EXTENSION) AMENDMENT REGULATION
Filed: June 25, 2021
For information only: Made by the Minister of Health (M.O. 17/2021) on June 18,
2021 pursuant to
section 66(2) of the Public Health Act.
1(1) The Food Regulation (AR 31/2006) is amended by this
section.
(2) Section 55 is amended by striking out "June 30, 2021" and
substituting "June 30, 2022".
2(1) The Housing Regulation (AR 173/99) is amended by
this section.
(2) Section 7 is amended by striking out "August 31, 2021"
and substituting "November 30, 2026".
3(1) The Nuisance and General Sanitation Regulation
(AR 243/2003) is amended by this section.
(2) Section 19 is amended by striking out "September 1, 2021"
and substituting "November 30, 2026".
4(1) The Work Camps Regulation (AR 218/2002) is amended
by this section.
(2) Section 16 is amended by striking out "August 31, 2021"
and substituting "November 30, 2026".
Alberta Regulation 145/2021
Persons with Developmental
Disabilities Services Act
DEVELOPMENTAL DISABILITIES (EXPIRY DATE
EXTENSION) AMENDMENT REGULATION
Filed: June 25, 2021
For information only: Made by the Minister of Community and Social Services
(M.O. NO. 2021-021) on May 31, 2021 pursuant to
section 23(
a) of the Persons with
Developmental Disabilities Services Act.
1 The Developmental Disabilities Regulation (AR 230/2013)
is amended by this Regulation.
Section 5 is amended by striking out "September 30, 2021"
and substituting "September 30, 2024".
--------------------------------
Alberta Regulation 146/2021
Marketing of Agricultural Products Act
ALBERTA ELK COMMISSION (EXPIRY DATE
EXTENSION) AMENDMENT REGULATION
Filed: June 25, 2021
For information only: Made by the Alberta Elk Commission on June 7, 2021 and
approved by the Alberta Agricultural Products Marketing Council on June 17, 2021
pursuant to
section 26 of the Marketing of Agricultural Products Act.
1 The Alberta Elk Commission Regulation (AR 256/2002) is
amended by this Regulation.
Section 14 is amended by striking out "September 30, 2021"
and substituting "September 30, 2022".
Alberta Regulation 147/2021
Police Act
COLLECTION OF INFORMATION VOLUNTARILY
PROVIDED BY THE PUBLIC REGULATION
Filed: June 30, 2021
For information only: Made by the Lieutenant Governor in Council (O.C. 217/2021)
on June 30, 2021 pursuant to
section 38.1 of the Police Act.
Table of Contents
1 Application of Regulation
2 Authority to collect information
3 General requirements
4 Requirements respecting minors
5 Mandatory records
6 Policies and procedures
7 Storage of information
8 Use of information
9 Protection of privacy
10 Access to records
11 Report of interaction
12 Quarterly reviews
13 Training
14 Completion of training
15 Performance measures
16 Non-compliance
17 Annual report
18 Disproportionate attempts to collect information
19 Public awareness
20 Review
21 Expiry
22 Coming into force
Application of Regulation
1(1) Subject to subsections (2) and (4), this Regulation applies to the
collection, recording, retention, storage, use and disclosure of
information, including personal information, voluntarily provided by a
member of the public, obtained as a result of a non-detention,
non-arrest interaction with a police officer.
(2) This Regulation only applies where a police officer or other
employee of a police service has no other authority, responsibility or
duty to collect, record, retain, store, use or disclose information from a
member of the public.
(3) Without limiting the generality of subsection (2) and for greater
certainty, a police officer has other authorities, responsibilities or
duties to collect, record, retain, store, use or disclose information from
a member of the public in the following circumstances:
(
a) the police officer has collected the information from a
member of the public who has been a victim of crime or who
matches the description of a missing person, human
trafficking victim or other victim of crime;
(
b) the police officer has collected the information from a
member of the public who is legally required to provide the
information to the police officer;
(
c) the police officer has collected the information through
observation and not through interaction with a member of the
public;
(
d) the police officer has collected the information through an
interaction with a confidential informant;
(
e) the police officer has collected the information from a
member of the public that is being lawfully detained or
arrested;
(
f) the police officer has collected the information in the
execution of a court order or warrant;
(
g) the police officer has collected the information from a
member of the public who is engaged in the administration of
justice;
(
h) the police officer has collected the information while
engaging in a necessary police function to undertake the
officer's statutory and common-law duties or to provide for
safe communities.
(4) Without limiting the generality of subsection (2) and for greater
certainty, an employee of a police service who is not a police officer
may have other authorities, responsibilities or duties to record, retain,
store, use or disclose information from a member of the public in the
circumstances described in subsection (3).
(5) This Regulation does not apply when a police officer is engaging
with members of the public in the context of a community building
activity meant to foster positive relationships or to assist members of
the public unless the police officer is engaged in a crime prevention,
investigative or intelligence activity.
Authority to collect information
2(1) Every police officer has the authority to
(
a) collect information, including personal information, in the
manner prescribed by this Regulation, and
(
b) record, retain, store, use and disclose information, including
personal information,
voluntarily provided by a member of the public, obtained as a result of
a non-detention, non-arrest interaction with a police officer if that
information is obtained during the course of one or more of the
activities described in
section 38.1(4)(
a) to (
e) of the Act.
(2) An employee of a police service who is not a police officer and
who has duties or responsibilities that require them to record, retain,
store, use or disclose information has the authority to record, retain,
store, use or disclose information, including personal information,
voluntarily provided by a member of the public, obtained as a result of
a non-detention, non-arrest interaction with a police officer if that
information is obtained during the course of one or more of the
activities described in
section 38.1(4)(
a) to (
e) of the Act.
General requirements
3 Prior to attempting to collect information from a person who is a
member of the public, a police officer must inform the person from
whom information will be requested
(
a) of the reason for attempting to collect the information,
(
b) that the interaction is voluntary, and
(
c) that the person
(
i) is under no obligation to provide any information to the
police officer or to answer any questions, and
(ii) has the right to discontinue the interaction with the
police officer.
Requirements respecting minors
4 Prior to attempting to collect information from a person who is a
member of the public and who appears to be under the age of 12, the
police officer attempting to collect the information must ask the person
what the person's age is and, if the person indicates that they are under
the age of 12,
(
a) the police officer must ask the person if they have a parent or
guardian that is readily available to attend the interaction
between the police officer and the person, and
(
b) if the person indicates that a parent or guardian is not readily
available to attend the interaction, the police officer shall not
attempt to collect any information from the person unless the
police officer is concerned for the person's well-being.
Mandatory records
5(1) For the purposes of this
section "demographic information"
means a person's race, religious beliefs, colour, gender, gender
identity, gender expression, physical disability, mental disability, age,
ancestry, place of origin, marital status, source of income, family status
or sexual orientation.
(2) Whenever a police officer attempts to collect information from a
person who is a member of the public, the police officer must record
(
a) the time and location of the interaction,
(
b) the specific reason for
(
i) the interaction, and
(ii) the request for information from the person,
(
c) any relevant suspect profile or intelligence report relied on as
part of the reason for attempting to collect information from
the person,
(
d) whether the person was informed
(
i) of the reason for attempting to collect information from
the person,
(ii) that the interaction was voluntary,
(iii) that the person was under no obligation to provide any
information to the police officer or to answer any
questions, and
(iv) that the person had the right to discontinue the
interaction with the police officer,
(
e) if the person appeared to be under 12 years of age, whether
the person was asked if a parent or guardian was readily
available to attend the interaction, what the person's response
was and, if the person voluntarily provided information to the
police officer, if the interaction occurred in the presence of a
parent or guardian,
(
f) if the person was asked to provide a document confirming the
person's identity, why the request was made,
(
g) any further action taken as a result of the interaction, and
(
h) the officer's name and identification or badge number.
(3) If a person who is a member of the public voluntarily provides a
police officer with the following information, the police officer must
record the information:
(
a) any name the person identifies themselves by;
(
b) any demographic information the person provides to the
police officer, including the person's gender, age, race and
indigenous identity, if any;
(
c) if the person provides a document confirming the person's
identity, information contained in the document that differs
from, or is in addition to, information that the person
provides about themselves.
(4) If a person who is a member of the public voluntarily provides a
police officer with the information described in subsection (3), the
police officer must record whether the interaction was successful in
obtaining information related to the reason for the interaction.
(5) If a person who is a member of the public continues to interact
with a police officer after the person has been provided with the
information required by
section 3,
(
a) the police officer must request the person to self-identify
their age, gender, race and indigenous identity, if any, and
(
b) subject to subsection (7), the police officer shall not record
the police officer's observations of the person's gender, age,
race and indigenous identity, if any, if the person
self-identifies this information about themselves.
(6) If the person does not voluntarily provide information requested by
the police officer,
(
a) if the person provides a reason for declining to provide the
information, the police officer must record the reason,
(
b) if the person declines to self-identify their age, gender, race
or indigenous identity, if any, the police officer shall record
the police officer's observations of the person's age, gender,
race or indigenous identity, as the case may be, and
(
c) if the person declines to provide any information to the police
officer, the information recorded pursuant to this
section
must be disposed of as soon as practicable after the
information has been included in an annual report as required
section 17.
(7) If it is obvious to a police officer that a person has self-identified
their age, gender, race or indigenous identity incorrectly, the police
officer shall record
(
a) the information that the person has provided to the police
officer, and
(
b) the police officer's observations of the person's age, gender,
race or indigenous identity, as the case may be.
Policies and procedures
6 The chief of each police service, or a person designated by the
chief, shall establish policies and procedures relating to the collection
or attempted collection of information under the authority established
by this Regulation that comply with any applicable standards
established under
section 3.1 of the Act.
Storage of information
7 The chief of each police service, or a person designated by the
chief, must ensure that any information collected under the authority
established by this Regulation is kept separate and apart from other
information in the records management system of the police service
and separate and apart from any other information in the custody of the
police service.
Use of information
8(1) Information collected under the authority established by this
Regulation may be accessed by any employee of the police service if
(
a) the information was collected and recorded in a way that
complies with
section 38.1(4) and (5) of the Act and this
Regulation, and
(
b) the employee is accessing the information in the course of
one or more of the activities described in
section 38.1(4) of
the Act, for research purposes or for intelligence related to
the police service and its jurisdiction.
(2) Access to the information will be restricted if the information was
collected or recorded in a manner that does not comply with the Act
and this Regulation.
(3) Despite subsection (1), access to the information shall be restricted
on the 5th anniversary of the date on which the information was first
collected.
(4) If access to information has been restricted, no employee of the
police service may access the information without the permission of
the chief of the police service or a person designated by the chief of the
police service.
(5) An employee of a police service may only be permitted to access
information that has been restricted if the chief of the police service, or
a person designated by the chief of the police service, is satisfied that
access to the information is needed
(
a) for the purpose of an ongoing police investigation,
(
b) in connection with legal proceedings or anticipated legal
proceedings,
(
c) for the purpose of dealing with a complaint against a police
officer or police service by a member of the public,
(
d) to prepare an annual report required by
section 17 or any
other report required by the Minister under the Act,
(
e) for the purpose of complying with a legal requirement,
(
f) for the purpose of evaluating a police officer's performance,
(
g) for the purpose of research pertaining to the conduct of
collecting, recording, retaining, storing, using or disclosing
information collected under the authority established by this
Regulation, or
(
h) for research purposes or for intelligence related to the police
service and its jurisdiction.
(6) The chief of each police service, or a person designated by the
chief, is responsible for ensuring that access to the information only
occurs in accordance with this section.
Protection of privacy
9(1) For greater certainty, the collection, recording, retention, storage,
use and disclosure of information voluntarily provided by a member of
the public, including the placement of information in a records
management system and use of that records management system, shall
be in accordance with
(
a) applicable privacy legislation, and
(
b) subject to
section 7, any applicable record retention
enactments or policies.
(2) Information that is collected and recorded under the authority
established by this Regulation shall not be released through requests
for police information checks or vulnerable sector checks.
Access to records
10(1) The chief of a police service, or a person designated by the
chief, must make any record relating to the collection, recording,
retention, storage, use or disclosure of information collected under the
authority established by this Regulation available to the Minister on
request, and the Minister is authorized to indirectly collect personal
information, if necessary, for the purposes of a request.
(2) Subject to subsection (3), the chief of a police service, or a person
designated by the chief, must make records available to any person,
organization or public body for the purpose of research on request if
the request complies with any research protocols established by the
police service.
(3) The chief of a police service, or person designated by the chief,
(
a) must not make any records available to any person,
organization or public body under subsection (2) that may
identify personal information about a person, and
(
b) may redact records or aggregate information contained in
records as necessary to comply with this subsection.
Report of interaction
11(1) If a police officer has collected or attempted to collect
information under the authority established by this Regulation, the
police officer must create a report in the records management system
referred to in
section 7 as soon as practicable following the collection
or attempted collection of information.
(2) The report must include the information that the police officer is
required to record under
section 5 and any other information that the
police officer recorded during the interaction in which the police
officer collected or attempted to collect information.
Quarterly reviews
12 The chief of each police service shall establish a review process
relating to the collection or attempted collection of information under
the authority established by this Regulation, which will include
conducting quarterly reviews of a random selection of the reports
referred to in
section 11.
Training
13(1) In
section 38.1(4)(
d) of the Act and this section, "suspicious
activities" means any observed behaviour that indicates a person may
be engaged in a crime or other illegal activity or about to commit a
crime or other illegal activity.
(2) The chief of each police service, or a person designated by the
chief, shall establish, within one year of this Regulation coming into
force, a standardized training program for employees of the police
service relating to the collection, recording, retention, storage, use and
disclosure of information voluntarily provided by a member of the
public that includes training relating to
(
a) bias awareness, including how to avoid bias,
(
b) discrimination and racism and how to prevent discrimination
and racism,
(
c) the conduct of a police officer in the context of suspicious
activities, including the difference between
(
i) collecting or attempting to collect information under the
authority established by this Regulation, and
(ii) making inquiries to confirm or dispel the officer's
suspicion that a person may be engaged in a crime or
other illegal activity or about to commit a crime or other
illegal activity,
(
d) the voluntary nature of the interaction, the differences
between a voluntary interaction and a non-voluntary
interaction and the legal basis for each,
(
e) the differences between physical and psychological detention
and how to mitigate the impacts of a detention,
(
f) the right of a member of the public to decline to provide
information or to answer any questions and to discontinue the
interaction,
(
g) how a police officer should approach a person who is a
member of the public, including
(
i) the process for complying with a police officer's
obligations under
section 3,
(ii) the process for articulating reasons for requesting
information from the person, and
(iii) what a police officer must do in the context of a person
who appears to be under the age of 12,
(
h) the information that must be recorded and how information
collected shall be recorded, including in circumstances where
the member of the public did not voluntarily provide
information requested by the police officer,
(
i) the policies and procedures established under
section 6,
(
j) the security of information that has been collected, when that
information may be accessed and for what purposes,
(
k) the right of a person who is a member of the public to access
information about themselves that is in the possession or
under the control of a police service,
(
l) the creation of the report required by
section 11, and
(
m) any other training the chief or the person designated by the
chief deems relevant.
(3) The Minister may, by order or through standards established under
section 3.1 of the Act, identify additional matters that must be included
in a training program established under subsection (2).
(4) The training program established under subsection (2) must be
reviewed by the chief of each police service, or a person designated by
the chief, every 3 years.
Completion of training
14 The chief of each police service, or a person designated by the
chief, shall ensure that
(
a) every police officer who is a member of the chief's police
service has completed the training program established under
section 13 within one year of this Regulation coming into
force,
(
b) every new police officer who is a member of the chief's
police service completes the training program established
under
section 13 as part of the new member's training
program and within 6 months of becoming a member of the
police service,
(
c) every employee of the chief's police service who is not a
police officer and who has access to the information
collected under the authority established by this Regulation
has completed the elements of the training program described
section 13(2)(
j) to (
m) within one year of this Regulation
coming into force,
(
d) every new employee of the chief's police service who is not a
police officer and who has access to the information
collected under the authority established by this Regulation
has completed the elements of the training program described
section 13(2)(
j) to (
m) within 6 months of becoming an
employee of the police service,
(
e) every employee of the chief's police service renews their
training at least once every 2 years, and
(
f) the renewal of the training includes, at a minimum, any
applicable elements of the training program that are new or
revised after a review of the program has been completed
under
section 13(4).
Performance measures
15 The chief of each police service, or a person designated by the
chief, shall ensure that no performance target based on either of the
following factors is used to evaluate the work performance of a police
officer:
(
a) the number of times, during a particular period, that the
police officer collects or attempts to collect information from
persons who are members of the public;
(
b) the number of persons from whom the police officer
collected or attempted to collect information during a
particular period of time.
Non-compliance
16 The chief of each police service, or a person designated by the
chief, shall be responsible for responding to any failure by any
employee of the chief's police service to comply with the Act, this
Regulation, any applicable standards established under the Act or any
policies or procedures established under
section 6.
Annual report
17(1) For the purposes of this
section
(a) "operational division" means a city, a portion of a city, a
community, a neighbourhood, a district or a detachment, and
(
b) subject to any standards established under the Act, the chief
of each police service, or a person designated by the chief,
when reporting on the area within the chief's jurisdiction,
shall determine what operational division is appropriate to
use for the purposes of this section.
(2) The chief of each police service, or a person designated by the
chief, shall prepare an annual report in accordance with this
section
with respect to the previous calendar year.
(3) The annual report must contain the following information:
(
a) the number of attempts to collect information from members
of the public under the authority established by this
Regulation by members of the police service during the
previous calendar year;
(
b) the following information for each operational division:
(
i) the number of attempts to collect information conducted
in each operational division;
(ii) aggregate data for each operational division on the
gender, age, race and indigenous identity, if any, of the
members of the public from whom a police officer
attempted to collect information, with separate reporting
for
(
A) information collected from members of the public,
and
(
B) information recorded based on a police officer's
observations;
(
c) an analysis, by operational division if possible, of whether
the members of the police service collected or engaged in
attempts to collect information disproportionately with
respect to members of the public of a certain gender, age,
race or indigenous identity, or any combination of gender,
age, race or indigenous identity, which must include
statistical tests using census data;
(
d) if the members of the police service collected or engaged in
attempts to collect information disproportionately with
respect to members of the public of a certain gender, age,
race or indigenous identity, or any combination of gender,
age, race or indigenous identity, any information that the
chief of the police service considers relevant relating to the
disproportionate collection or number of attempts;
(
e) the number of requests for information that did not meet the
requirements of the Act, this Regulation, any applicable
standards established under the Act or the policies and
procedures established under
section 6;
(
f) the number of public complaints related to attempts to collect
information under the authority established by this
Regulation and the outcome of each complaint, including the
number of complaints that remains unresolved;
(
g) the number of times that access to restricted information was
permitted and the reason access to the information was
permitted in each case.
(4) The annual report shall be submitted to the police service's police
commission or equivalent oversight body and to the Director of Law
Enforcement by no later than March 31 in each year.
(5) The annual report shall be made available to the public within 6
months of the completion of the report.
Disproportionate attempts to collect information
18 If an annual report indicates that the members of a police service
have engaged in attempts to collect information disproportionately
with respect to members of the public of a certain gender, age, race or
indigenous identity, or any combination of gender, age, race or
indigenous identity, the chief of the police service, or a person
designated by the chief, must review the practices of the members of
the police service and must develop and implement, within 6 months
of the submission of the report under
section 17(4), a plan for
addressing the disproportionality.
Public awareness
19(1) The chief of each police service, or a person designated by the
chief, shall design and implement a public awareness campaign that
informs the public about their rights and the responsibilities of police
officers with respect to attempts by a police officer to collect
information under the authority established by this Regulation.
(2) When designing and implementing the public awareness
campaign, the chief or person designated by the chief shall take the
local context into consideration.
Review
20(1) The Minister shall ensure that this Regulation is reviewed by an
independent third party within 2 years of this Regulation coming into
force.
(2) On completion of the review, the third party shall prepare a report
outlining the findings of the review and shall make the report available
to the public within one year of the report's completion.
Expiry
21 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be
repassed in its present or an amended form following a review, this
Regulation expires on June 30, 2025.
Coming into force
22 This Regulation comes into force on the coming into force of the
Police (Street Checks and Carding) Amendment Act, 2021.
--------------------------------
Alberta Regulation 148/2021
Student Financial Assistance Act
FOUNDATIONAL LEARNING ASSISTANCE REGULATION
Filed: June 30, 2021
For information only: Made by the Lieutenant Governor in Council (O.C. 219/2021)
on June 30, 2021 pursuant to
section 22 of the Student Financial Assistance Act.
Table of Contents
Definitions
2 Application
3 Provision of foundational learning assistance
4 Applications
5 Eligibility criteria
6 Approval of programs of study
7 Approval of educational institutions
8 Amount of foundational learning assistance
9 Payment by instalments
10 Conditions of foundational learning assistance
11 False or misleading information
12 Reassessment
13 Review
14 Repayment of foundational learning assistance
15 Collection of information
16 Electronic submissions and signatures
17 Expiry
18 Coming into force
Definitions
1 In this Regulation,
(a) "common-law partner" means an individual who is not
married to a foundational learning student and who
(
i) has lived with the student in a conjugal relationship
continuously for the past year,
(ii) the student has declared to have a status equivalent to
that of the student's common-law partner under any
other law of Alberta or Canada, or
(iii) is living with the student in a conjugal relationship
where there are one or more children of the relationship
by birth or adoption;
(b) "foundational learning assistance" means financial assistance
provided to a foundational learning student under this
Regulation in respect of an approved program of study;
(c) "foundational learning student" means a student who is
(i) 18 years of age or older, or
(ii) 16 or 17 years of age who
(
A) lives independently due to family breakdown or
unsafe living conditions in the family home,
(
B) is married, has a common-law partner or is
widowed, separated or divorced,
(
C) is pregnant or is the parent of a child, or
(
D) meets any criteria established by the Minister;
(d) "full-time student" means a foundational learning student
who is enrolled in not less than 60%, or 40% in the case of a
student with a disability, of a full-time program of study at
one or more educational institutions, based on the number of
courses in which the student is enrolled or the number of
hours for which the student is enrolled;
(e) "program of study" means an educational or training program
language learning or skills training but does not include
(
i) a program of study as defined in the Post-secondary
Learning Act, or
(ii) an apprenticeship program as defined in the
Apprenticeship and Industry Training Act;
(f) "student with a disability" means a student who has a
physical, mental, sensory, intellectual or learning impairment
that, in interaction with various barriers, may hinder the
student's participation in a program of study or the labour
market.
Application
2 This Regulation applies only in respect of a program of study that
commences on and after April 1, 2022.
Provision of foundational learning assistance
3 Notwithstanding anything in this Regulation, the Minister may
provide foundational learning assistance only if money is available for
foundational learning assistance.
Applications
4(1) An application for foundational learning assistance must be made
(
a) in the form and manner required by the Minister, and
(
b) within the period of time specified by the Minister.
(2) The Minister may direct a student to provide any information or
documents required to verify any statement made or information
provided in the student's application.
(3) The Minister may refuse to provide foundational learning
assistance to a student who does not comply with a direction under
subsection (2).
(4) The Minister shall promptly give notice in writing to a student of a
decision to accept or refuse a student's application for foundational
learning assistance.
Eligibility criteria
5(1) Subject to subsections (2) and (3), the following eligibility
criteria are prescribed for the purposes of
section 12(1)(
a) of the Act:
(
a) the student must be a foundational learning student;
(
b) the student must be a resident of Alberta;
(
c) the student must submit a completed application for
foundational learning assistance to the Minister in
accordance with
section 4;
(
d) the student must demonstrate to the satisfaction of the
Minister that the student is in financial need, taking into
account the financial resources available to the student;
(
e) the student has been admitted to and has enrolled in a
program of study;
(
f) the student must demonstrate to the satisfaction of the
Minister that it is necessary for the student to enrol in the
program of study for reasons relating to employment or
employability;
(
g) a full-time student must be unemployed or employed fewer
than 20 hours per week unless otherwise authorized by the
Minister.
(2) A student is not eligible to receive foundational learning assistance
for more than a total of 50 months during the student's lifetime unless
otherwise authorized by the Minister.
(3) A student is not eligible to receive foundational learning assistance
(
a) the student is incarcerated due to being charged with or
convicted of an offence,
(
b) the student is unable to work or attend a program of study
because of a condition of the student's sentence or release, or
(
c) the student has provided to the Government of Alberta at any
time false or misleading information that the Minister
considers to materially affect or have affected the student's
eligibility to receive foundational learning assistance.
(4) For the purposes of subsection (1)(b), a student is a resident of
Alberta if
(
a) the student is present in Alberta on the date on which the
student is accepted for enrolment in a program of study, and
(
b) the student is
(
i) a Canadian citizen,
(ii) a permanent resident within the meaning of the
Immigration and Refugee Protection Act (Canada), or
(iii) a protected person within the meaning of the
Immigration and Refugee Protection Act (Canada) who
is legally entitled to work and study in Canada.
(5) For the purposes of subsection (1)(d), the Minister
(
a) shall determine what constitutes a financial resource, and
(
b) may treat all or part of the financial resources of the student's
spouse or common-law partner as available to the student.
Approval of programs of study
6(1) The Minister may approve a program of study provided by an
educational institution for the purposes of this Regulation and
section
considers appropriate, if
(
a) the Minister is satisfied that
(
i) the program of study meets the applicable criteria
established by the Minister under subsection (2),
(ii) any tuition and other fees and amounts for books and
supplies charged by the educational institution to
foundational learning students enrolled in the program
of study are comparable to those charged to students
enrolled in comparable programs of study provided by
the educational institution and by other educational
institutions, and
(iii) the following factors warrant approval of the program
of study, if the Minister considers the employment or
educational outcomes of graduates of the program of
study to be relevant:
(
A) the potential and actual outcomes relating to the
employment of graduates of the program of study;
(
B) the potential and actual outcomes relating to the
transition of graduates of the program of study into
further education or training, including post-
secondary programs,
and
(
b) where required to do so by the Minister, the educational
institution providing the program of study enters into an
agreement with the Minister that addresses any matter that
the Minister considers necessary or appropriate for the proper
administration of the program of study.
(2) The Minister may establish criteria and procedures for the
approval of programs of study under this section.
(3) The Minister may withdraw approval of a program of study
provided by an educational institution under this
section if the Minister
is satisfied that
(
a) the program of study has ceased to meet the applicable
criteria established by the Minister under subsection (2),
(
b) the educational institution has failed to comply with
subsection (1)(
a) or (b), or
(
c) the educational institution has failed to comply with the
agreement entered into under subsection (1)(b).
Approval of educational institutions
7(1) The Minister may approve an educational institution that
provides a program of study for the purposes of this Regulation and
Minister considers appropriate, if
(
a) the Minister is satisfied that the educational institution
maintains any licensing, certification or accreditation
required for the educational institution to provide the
program of study,
(
b) the educational institution has provided, if required to do so
by the Minister, a security in a form and amount and subject
appropriate, and
(
c) where required to do so by the Minister, the educational
institution enters into an agreement with the Minister that
addresses any matter that the Minister considers necessary or
appropriate for the proper administration of the program of
study.
(2) The Minister may withdraw approval of an educational institution
under this
section if the Minister is satisfied that the education
institution has failed to comply with the requirements under subsection
(1) or with the agreement entered into under subsection (1)(c).
Amount of foundational learning assistance
8 The Minister, in determining the amount of foundational learning
assistance to be provided to a student, shall take into consideration the
following factors:
(
a) the amount of tuition and other fees that the educational
institution requires the student to pay with respect to the
program of study;
(
b) the cost of books, materials and supplies to be used by the
student in the program of study;
(
c) expenses other than living expenses or the amounts referred
to in clauses (
a) or (
b) to be incurred by the student while the
student is enrolled in the program of study;
(
d) if the student is a full-time student, the student's living
expenses while the student is enrolled in the program of
study;
(
e) any other factors that the Minister considers relevant.
Payment by instalments
9 The Minister may provide foundational learning assistance to an
eligible student in instalments.
Conditions of foundational learning assistance
10 The provision of foundational learning assistance to an eligible
student is subject to the following conditions:
(
a) the student shall advise the Minister of any change in the
student's address, family status, financial circumstances,
program of study, academic status or study period;
(
b) the student shall maintain acceptable levels of attendance and
progress, as determined by the Minister, with respect to the
program of study;
(
c) the student shall enter into any agreement required by the
Minister respecting the provision of foundational learning
assistance;
(
d) if the educational institution refunds all or part of a student's
tuition or other fees to the student, the student shall pay the
amount of the refund to the Government of Alberta.
False or misleading information
11 If a student provides information under this Regulation that the
Minister determines to be false or misleading, the Minister may require
the student to repay all or part of the foundational learning assistance
obtained as a direct or indirect result of providing that information.
Reassessment
12(1) At any time and on the Minister's own initiative, the Minister
may reassess the amount of foundational learning assistance that a
student is eligible to receive based on any information and documents
provided to the Minister by the student, an educational institution or a
third party.
(2) At any time, a student may request that the Minister reassess the
amount of foundational learning assistance that the student is eligible
to receive due to a change in the student's family status, financial
circumstances, program of study, academic status or study period.
(3) After conducting a reassessment, the Minister may decide
(
a) to continue providing the same amount of foundational
learning assistance,
(
b) to provide a greater or lesser amount of foundational learning
assistance than was originally provided, or
(
c) that no foundational learning assistance should have been
provided.
(4) The Minister shall promptly notify the student of the Minister's
decision under subsection (3).
Review
13(1) A student may apply to the Minister, in the form and manner
required by the Minister, for a review of a decision by the Minister
(
a) to refuse the student's original application for foundational
learning assistance, or
(
b) on a reassessment under
section 12.
(2) An application for review under subsection (1) must be made
within 60 days after the date on which the student received notice of
the decision for which the review is being sought.
(3) The Minister may, after reviewing the decision and considering
any information that the Minister considers relevant, make any
decision that the Minister could have made on the original application.
Repayment of foundational learning assistance
14(1) If the Minister determines under
section 11, 12 or 13 that a
student who received foundational learning assistance was not eligible
to receive all or part of that assistance, the Minister may
(
a) require the student to repay all or part of the foundational
learning assistance provided to the student, or
(
b) deduct all or part of the foundational learning assistance from
further foundational learning assistance for which the student
is eligible under this Regulation in an amount determined by
the Minister until the foundational learning assistance for
which the student was not eligible has been repaid.
(2) The Minister shall give notice in writing to the student setting out
(
a) the amount of the foundational learning assistance the student
is required to repay and the period within which it must be
repaid under subsection (1)(a), or
(
b) the amount to be deducted under subsection (1)(b).
(3) An amount required to be repaid under subsection (1)(
a) is a debt
due to the Government of Alberta.
Collection of information
15(1) In this section, "personal information" means personal
information within the meaning of the Freedom of Information and
Protection of Privacy Act.
(2) The Minister may collect from a student any personal information
about the student's spouse or common-law partner that the student
provides under this Regulation or that is needed for the proper
administration of this Regulation.
Electronic submissions and signatures
16(1) An application, document or other information to be provided
to the Minister under this Regulation may be provided in the manner
determined by the Minister, which may include provision by electronic
means.
(2) A signature required in connection with anything done under this
Regulation may be provided or verified in the manner determined by
the Minister, which may include provision or verification by electronic
means.
Expiry
17 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be
repassed in its present or an amended form following a review, this
Regulation expires on September 30, 2024.
Coming into force
18 This Regulation comes into force on January 1, 2022.
--------------------------------
Alberta Regulation 149/2021
Student Financial Assistance Act
STUDENT FINANCIAL ASSISTANCE
AMENDMENT REGULATION
Filed: June 30, 2021
For information only: Made by the Lieutenant Governor in Council (O.C. 220/2021)
on June 30, 2021 pursuant to
section 22 of the Student Financial Assistance Act.
1 The Student Financial Assistance Regulation
(AR 298/2002) is amended by this Regulation.
Section 3 is amended by striking out "September 30, 2021"
and substituting "September 30, 2024".
Schedule 2 is amended
(
a) in
section 1(1) by repealing clauses (
n) and (
o) and
substituting the following:
(n) "program" means a program of study or any other
course, period of training, seminar or similar period of
study that forms part of the criteria expressly stated in
this
Schedule as eligibility criteria for a student of the
relevant educational institution to receive financial
assistance;
(o) "program of study" means any combination of courses
or other requirements that is considered by the
educational institution in question to be necessary for a
student in the institution to obtain a degree, certificate
or diploma;
(
b) in
section 2
(
i) by repealing subsection (1) and substituting
the following:
Interpretation of Act, etc.
2(1) For the purposes of the Act, "educational
institution" means any institution or person providing a
program that may be the subject-matter of financial
assistance.
(ii) by repealing subsection (2);
(
c) by repealing subsection 8(2) and substituting the
following:
(2) For the purposes of subsection (1)(d), the Minister
(
a) shall determine what constitutes a financial resource,
and
(
b) may treat all or part of the financial resources of the
student's spouse or common law partner as available to
the student.
4 This Regulation, except
section 2, comes into force on
January 1, 2022.
Alberta Regulation 150/2021
Wildlife Act
WILDLIFE (FIREARMS EXEMPTION - JOINT AUTHORITY)
AMENDMENT REGULATION
Filed: June 30, 2021
For information only: Made by the Lieutenant Governor in Council (O.C. 221/2021)
on June 30, 2021, pursuant to
section 104 of the Wildlife Act and sections 1 and 2 of
the Wildlife Regulation, and by the Minister of Environment and Parks (M.O.
56/2021) on June 30, 2021 pursuant to
section 103 of the Wildlife Act and
section
1(
b) of the Wildlife Regulation.
1 The Wildlife Regulation (AR 143/97) is amended by this
Regulation.
Schedule 1 is amended
(
a) in sections 5(2)(
b) and 7(11) by striking out
"Merriam's" and substituting "wild";
(
b) by adding the following after
section 9.1:
Professional training permit - s33(1)(
c) and (d)
9.2 The holder of a professional training permit is exempt
from the application of
section 33(1)(
c) of the Act with
respect to the discharge of a weapon and from
section
33(1)(
d) of the Act with respect to having a loaded firearm.
(
c) by adding the following after
section 14:
Discharge of firearm at night - s53
14.1 The holder of a professional training permit is exempt
from the application of
section 53 of the Act.
--------------------------------
Alberta Regulation 151/2021
Health Professions Act
PHARMACISTS AND PHARMACY TECHNICIANS
PROFESSION (ANIMAL HEALTH)
AMENDMENT REGULATION
Filed: June 30, 2021
For information only: Made by the Lieutenant Governor in Council (O.C. 223/2021)
on June 30, 2021 pursuant to
section 131 of the Health Professions Act.
1 The Pharmacists and Pharmacy Technicians Profession
Regulation (AR 129/2006) is amended by this Regulation.
2 The following is added after
section 23:
Animal Health
Animal health - pharmacists
23.1(1) A clinical pharmacist and a courtesy pharmacist are
authorized to perform, within the practice of pharmacists and in
accordance with the Standards of Practice, the following services to
support animal health:
(
a) to compound, dispense and sell drugs for animals;
(
b) to prescribe drugs for animals for the purpose of renewing a
prescription to dispense a
Schedule 1 drug or blood product
to ensure continuity of care.
(2) A provisional pharmacist and a student pharmacist are
authorized to perform, within the practice of pharmacists and in
accordance with the Standards of Practice, the services referred to in
subsection (1) under the supervision of a clinical pharmacist or
courtesy pharmacist.
(3) Subject to the rules of the structured practical training program
for pharmacists, the supervision under subsection (2) may be either
direct supervision or indirect supervision, as the supervising clinical
pharmacist or courtesy pharmacist considers appropriate to ensure
the safe and effective performance of the services.
Animal health - pharmacy technicians
23.2(1) A pharmacy technician and a courtesy pharmacy technician
are authorized, within the practice of pharmacy technicians and in
accordance with the Standards of Practice, to compound, dispense
and sell drugs for animals under the direction of a clinical pharmacist
or a courtesy pharmacist to support animal health.
(2) A provisional pharmacy technician and a student enrolled in a
pharmacy technician program approved by the Council are
authorized to perform, within the practice of pharmacy technicians
and in accordance with the Standards of Practice, the services
referred to in subsection (1) under the supervision of a clinical
pharmacist, courtesy pharmacist, pharmacy technician or courtesy
pharmacy technician.
(3) The supervision under subsection (2),
(
a) in the case of a provisional pharmacy technician, subject to
the rules of the structured practical training program for
pharmacy technicians, may be either direct supervision or
indirect supervision, as the supervising clinical pharmacist,
courtesy pharmacist, pharmacy technician, or courtesy
pharmacy technician considers appropriate to ensure the safe
and effective performance of the services, and
(
b) in the case of a student enrolled in a pharmacy technician
program approved by the Council, must be direct
supervision.
3 This Regulation comes into force on the coming into
force of
section 3(1)(
j) and (2)(
h) of
Schedule 19 of the
Health Professions Act.
--------------------------------
Alberta Regulation 152/2021
Wildlife Act
WILDLIFE (FIREARMS EXEMPTION - MINISTERIAL)
AMENDMENT REGULATION
Filed: June 30, 2021
For information only: Made by the Minister of Environment and Parks (M.O.
57/2021) on June 30, 2021 pursuant to
section 103 of the Wildlife Act.
1 The Wildlife Regulation (AR 143/97) is amended by this
Regulation.
Section 61.2(
a) is amended by striking out "the
section 9.1
exemption" and substituting "the exemption in
section 9.1 of
Schedule 1".
3 The following is added after
section 61.2:
Professional training permit - eligibility
61.3 A person is eligible to obtain or hold a professional training
permit if and only if that person is an individual who
(
a) is a member of the Canadian Armed Forces,
(
b) is a member of the armed forces of a country other than
Canada who is in Alberta for training purposes,
(
c) is a member of the Royal Canadian Mounted Police,
(
d) is a member of a provincial, municipal or regional police
service, including a police service outside of Canada,
(
e) provides professional training to the individuals listed in
clauses (
a) to (d), or
(
f) in the course of that individual's employment, provides
support to an individual who provides training to the
individuals listed in clauses (
a) to (d).
Professional training permit - entitlements
61.4(1) Holding a professional training permit entitles the holder to
the benefit of the exemptions in sections 9.2 and 14.1 of
Schedule 1.
(2) Holding a professional training permit does not authorize the
holder to hunt wildlife.
Section 124 is amended
(
a) in subsection (1)
(
i) by striking out "subsection (3)" and substituting
"subsections (3) and (4)";
(ii) in clause (
b) by striking out "his" and
substituting "that person's";
(
b) in subsection (2) by striking out "subsection (3)" and
substituting "subsections (3) and (4)";
(
c) by adding the following after subsection (3):
(4) Subsection (1)(
b) does not apply to a person who is the holder of
a professional training permit.
Schedule 8 is amended in
Part 2 by adding the following
after item 14.1:
14.2
Professional training