Alberta Gazette — 15 December 2014 (Part II)
15 December 2014
Alberta — Gazette
Alberta Regulation 203/2014
Wildlife Act
WILDLIFE (DOMESTIC CERVID CHANGES, 2014)
AMENDMENT REGULATION
Filed: November 19, 2014
For information only: Made by the Lieutenant Governor in Council (O.C. 429/2014)
on November 13, 2014 and approved by the Minister of Environment and Sustainable
Resource Development on November 17, 2014 pursuant to sections 12 and 103 of the
Wildlife Act, and sections 1 and 2 of the Wildlife Regulation (AR 143/97).
1 The Wildlife Regulation (AR 143/97) is amended by this
Regulation.
Section 3 is amended by adding the following after
clause (o):
(o.1) "domestic cervid" has the meaning assigned to it in the
Domestic Cervid Industry Regulation;
(o.2) "domestic cervid farm licence" means a licence within the
meaning of the Livestock Industry Diversification Act to
which the Domestic Cervid Industry Regulation relates;
Section 4(2) is repealed.
Section 24(2) is amended by striking out "section 46(a)"
and substituting "section 46(a)(i), (iii), (iv), (
v) or (vi)".
Section 46(a)(ii) is repealed and the following is
substituted:
(ii) a domestic cervid farm licence,
Section 93 is repealed.
Section 130(1) is amended by striking out ", a research
permit or a domestic cervid farm licence" and substituting "or a
research permit".
8 The following is added after
section 141.1:
Part 5.1
Enforcement
Interpretation - s80 of the Act
141.2 For the avoidance of doubt, a stray is a privately owned
animal for the purposes of
section 80 of the Act.
Domestic cervids - onus of proof
141.3 Where a wildlife officer or a wildlife guardian purports to
exercise a power or perform a duty under
Part 6 of the Act and a
person affected by that power or duty claims that an animal to which
the power or duty relates is a domestic cervid, the onus of proving
the accuracy of that claim is on the person making the claim.
Section 150 is repealed and the following is substituted:
Retention of antler importation documentation
150 A person who has imported antlers or antler product referred
to in the
section 25 exemption shall retain the documentation
referred to in the
section 25(2)(a)(ii) exemption until one year
following the date when antlers or the antler product are sold or
otherwise disposed of.
10 The heading "Repeals" preceding
section 152 and
section 152 are repealed.
11 The heading preceding
section 154 and
section 154 are
repealed.
Schedule 1 is amended
(
a) in
section 12(1) by striking out "(2.2)," and
substituting "(2.2) or";
(
b) by repealing
section 25 and substituting the
following:
Antlers and antler product - s62(1) and
(2) 25(1) In this section, "antler product" means the product
resulting from the reduction, through cutting, grinding, slicing or
mixing in solution, of the antlers of a wildlife animal that was
lawfully possessed live in a jurisdiction outside Alberta.
(2) Antler product is exempt from the application of
section
62(1) and (2) of the Act if
(
a) the antler product or the antler from which the antler
product was produced
(
i) was lawfully exported from the jurisdiction
referred to in subsection (1), and
(ii) was imported accompanied by written
documentation that identified or provided the
location where the live wildlife that was the source
of the antler product or the antlers, as the case may
be, had been kept in captivity, the legal authority
under which the wildlife had been kept in
captivity, the date of the transportation to Alberta,
a description of the shipment, its destination and
the person who transported it there,
(
b) all requirements of the Food and Drugs Act (Canada),
where applicable, have been met,
(
c) the antler product has been securely packaged and
neither it nor its packaging has been tampered with or
opened in any manner, and
(
d) that packaging is labelled with information that
sufficiently and accurately identifies the contents of the
package and from whom those contents or the package
containing the contents originated.
(3) Section 62(1) and (2) of the Act do not apply to transactions
in respect of antler product or the antlers referred to in subsection
(2)(
a) between persons who have domestic cervid farm licences.
13 Item 50 in
Part 1 of
Schedule 5 is amended by striking
out both the asterisk appearing after "Genus Cervus" and the
related footnote "*excluding present and prospective domestic
cervids."
14 Item 11 in
Part 3 of
Schedule 8 is repealed.
Alberta Regulation 204/2014
Public Health Act
PUBLIC SWIMMING POOLS REGULATION
Filed: November 24, 2014
For information only: Made by the Minister of Health (M.O. 48/2014) on November
20, 2014 pursuant to
section 66(2)(
j) of the Public Health Act.
Table of Contents
Definitions
2 Pool standards
3 Application
4 Responsibilities
5 Owner's agent
6 Pool operator
7 Permits
8 Operating, alterations approvals
9 Suspension, cancellation
10 Water quality
11 Pool maintenance
12 Filtration, circulation, disinfection standards
13 Disinfection
14 Chlorine, pH and other chemical parameters
15 Automated pH, chlorine equipment
16 Water spray park
17 Testing, monitoring and recordkeeping
18 Microbiological requirements
19 Microbiological sampling
20 Water clarity
21 Maximum bather load
22 Nuisance strategy
23 Anti-entrapment devices
24 Written policies and plans
25 Restrictions on use of pool
26 Rental mobile whirlpools
27 Consequential amendment
28 Repeal
29 Expiry
30 Coming into force
Definitions
1 In this Regulation,
(a) "bed and breakfast" means a bed and breakfast as defined in
the Food Regulation (AR 31/2006);
(b) "executive officer" means an executive officer as defined in
the Act;
(c) "natural pool" means an artificially created ecosystem that
reproduces the conditions of a natural body of water where
water is purified by biological and physical treatment;
(d) "owner" means the owner of a pool;
(e) "owner's agent" means the person designated under
section 5
as an owner's agent;
(f) "patron" means an individual who enters the public
swimming pool premises and might or might not enter or use
the public swimming pool;
(g) "pool" means a public swimming pool and the public
swimming pool's premises;
(h) "pool operator" means an individual who operates and
maintains a pool on a day-to-day basis and meets the
qualifications set out in the Pool Standards in order to do so;
(i) "Pool Standards" means the Pool Standards, July 2014
declared in force by
section 2;
(j) "public swimming pool" means a structure that contains
water that is used for recreational, therapeutic or other similar
purposes and includes a swimming pool, wading pool, water
spray park, whirlpool and any fountain or other artificially
created pool of water;
(k) "public swimming pool premises" means the buildings and
equipment used in connection with a public swimming pool;
(l) "suction outlet" means a fitting or fitting assembly and
related components, including a cover or grate and sump, that
provide a localized low pressure area for the transfer of water
from a public swimming pool;
(m) "swimming pool" means a structure containing water that is
deeper than 60 centimetres at its deepest point;
(n) "wading pool" means a structure containing water the depth
of which is 60 centimetres or less throughout the structure;
(o) "water spray park" means a structure on which water is
sprayed or released but does not accumulate;
(p) "whirlpool" means a structure containing water at a
temperature above 30øC and that
(
i) is not drained, cleaned and refilled before use by each
individual, and
(ii) utilizes hydro-jet circulation or air induction bubbles, or
both.
Pool standards
2 The Pool Standards, July 2014 published by the Department, as
amended from time to time, are declared in force and form part of this
Regulation.
Application
3(1) This Regulation applies to all pools.
(2) This Regulation does not apply to
(
a) a structure containing water constructed for the sole use by
owners of a single family dwelling and their families and
guests,
(
b) a natural pool, or
(
c) a pool of water that is drained, cleaned and filled after each
use by each individual.
Responsibilities
4(1) The owner, or the owner's agent, if any, and the pool operator
must ensure that the pool is equipped, operated and maintained in
compliance with
(
a) this Regulation,
(
b) the written policies and plans referred to in
section 24,
(
c) the permit issued in respect of the pool, and
(
d) the approvals, if any.
(2) Subject to
section 5(2), the owner and the owner's agent, if any,
must
(
a) reside in Alberta,
(
b) have care and control of the operation of the pool, and
(
c) be readily available
(
i) for contact by the regional health authority, and
(ii) to accept service, under the Act, of orders, notices and
other documents.
(3) An owner or the owner's agent, if any, must ensure the pool is
operated and maintained by a pool operator.
Owner's agent
5(1) An owner may designate an agent to act on behalf of the owner
and may delegate any powers, duties and responsibilities of the owner
to that agent.
(2) If an owner does not reside in Alberta, the owner must designate
an agent who resides in Alberta to act on behalf of the owner, and that
agent has the responsibilities set out in
section 4(1) and (3).
(3) If an owner designates an agent to act on the owner's behalf under
this Regulation, the owner is not relieved from liability for any action
performed or failed to be performed by the designated agent.
Pool operator
6 An executive officer may
(
a) require a pool operator to obtain additional training in
accordance with the Pool Standards,
(
b) authorize an owner or the owner's agent, if any, to employ,
contract with or otherwise engage the services of an
individual to operate and maintain a pool in accordance with
the Pool Standards if that individual will be qualified as a
pool operator under the Pool Standards within 90 days of
commencing employment, the contract or the engagement of
services, or
(
c) authorize an owner or the owner's agent, if any, to engage
the services of a pool operator who is off-site.
Permits
7(1) No person shall operate a pool without a permit issued in
accordance with this section.
(2) An application for a permit must be made to the regional health
authority where the pool is located, in the form required by the
regional health authority.
(3) An application for a permit must be in writing and must include
the following:
(
a) a site plan;
(
b) a floor plan;
(
c) a structural plan;
(
d) a mechanical plan;
(
e) a description of the method of waste water disposal;
(
f) a diagram showing the location and dimensions of the diving,
swimming and deck areas, if any;
(
g) the volume of each public swimming pool;
(
h) the maximum design bather load at any given time;
(
i) a description of the type of disinfectant, delivery system,
chlorinator capacity, automatic monitoring and feeding
equipment;
(
j) detailed drawings of the water circulation system, filtration
equipment, disinfection equipment and all related equipment;
(
k) a description of
(
i) the filter area, type and rate,
(ii) the filtration gauges for measuring pressure change,
(iii) the turnover rate,
(iv) the rate of flow indicators,
(
v) temperature indicators to be installed on the inlet and
outlet of all heating equipment,
(vi) the number of inlets,
(vii) the number of skimmers or gutter drains,
(viii) the pool finishes and colour of basin,
(ix) the make up water source,
(
x) the type of backflow prevention used on the make up
water source,
(xi) the main drains,
(xii) the anti-entrapment devices, including information
about the certification of submerged suction outlets, and
(xiii) the water testing equipment;
(
l) if the application relates to construction of a new pool, a copy
of the design plans for the pool for which all aspects of the
operation and construction have been reviewed and stamped
by a professional engineer or architect and for which a permit
has been issued under the Safety Codes Act if a permit is
required by that Act;
(
m) the name of the owner;
(
n) the name of the owner's agent, if any;
(
o) the name of the pool operator;
(
p) any other information required at any time by the regional
health authority.
(4) On receipt of a complete application, the regional health authority,
if it is satisfied that the requirements of this Regulation are met, must
issue a permit.
(5) A regional health authority may impose conditions on a permit that
it issues.
(6) A permit remains the property of the regional health authority that
issued it.
(7) A permit is not transferable.
(8) The owner or the owner's agent, if any, must ensure that the
permit is displayed in a conspicuous place where it may be easily seen
by patrons.
(9) The owner must forthwith notify the regional health authority in
writing if there is any change to who owns or operates the pool or to
who is the owner's agent for the pool.
(10) On the coming into force of this Regulation, a permit in good
standing under the Swimming Pool, Wading Pool and Water Spray
Park Regulation (AR 293/2006) is deemed to be a permit issued under
this section.
Operating, alterations approvals
8(1) The owner or the owner's agent, if any, must apply to the
regional health authority for a written approval
(
a) before making a change in pool operating procedures, or
(
b) before making renovations or alterations to the pool that
affect the hydraulic system, disinfection or filtration system,
or the integrity of the basin.
(2) For the purposes of considering an application under subsection
(1), the regional health authority may require the owner or the owner's
agent, if any, to provide an engineer's report.
(3) A regional health authority may impose conditions on an approval
that it grants under this section.
(4) Despite subsection (1), the owner or the owner's agent, if any,
does not need an approval to perform routine maintenance on the pool.
Suspension, cancellation
9(1) A regional health authority may suspend or cancel a permit or an
approval granted under this Regulation if a provision of the Act, the
regulations, an order under
section 62 of the Act, a permit or an
approval is contravened.
(2) If a permit or approval is suspended or cancelled, the owner or an
owner's agent, if any, must forthwith return the permit or approval to
the regional health authority on request.
Water quality
10 A pool must be operated and maintained by the owner or the
owner's agent, if any, or the pool operator so that the water it contains
is microbiologically, chemically and physically safe for use.
Pool maintenance
11 In accordance with the Pool Standards, a pool
(
a) must be maintained so that
(
i) all the floors and decks that are wet traffic areas used by
patrons with bare feet are impervious to moisture, easily
cleaned and easily maintained,
(ii) all the surfaces in the public swimming pool premises
with which patrons come into contact are maintained in
a clean and sanitary condition, and
(iii) the basins and liners are structurally sound and
maintained in good repair,
(
b) must be maintained in a state of repair that provides for the
safe and sanitary operation of the pool, and
(
c) must be operated so that all the activities are conducted so as
to minimize contamination of the public swimming pool
water and provide for safety of the patrons.
Filtration, circulation, disinfection standards
12(1) A public swimming pool must have filtration and circulation
systems and disinfection equipment that are
(
a) in place and operated in accordance with the pool's design
plans, and
(
b) serviced and maintained to provide bacteriologically and
chemically safe water.
(2) The filtration and circulation systems must always be in operation
except
(
a) during swimming competitions, if an executive officer has
given approval to shut down the equipment,
(
b) while being maintained or repaired,
(
c) during backwashing of the filters, and
(
d) during fecal response procedures.
(3) Recirculation must be maintained at an acceptable rate as
determined in accordance with the Pool Standards.
Disinfection
13(1) Subject to
section 12(2), water in a public swimming pool must
be continuously disinfected when in use.
(2) The method of disinfection must provide a free chlorine residual in
the public swimming pool at the levels set out in the Pool Standards
when the public swimming pool is in use.
(3) The free chlorine residual referred to in subsection (2) must be
achieved using a mechanical feeder that
(
a) is adjustable,
(
b) provides a consistent, adequate concentration of disinfectant,
and
(
c) utilizes non-stabilized chlorine products.
(4) The mechanical feeder described in subsection (3) must be
maintained, operated and calibrated in accordance with the
manufacturer's requirements.
Chlorine, pH and other chemical parameters
14(1) The free chlorine residual level, total alkalinity and pH of the
water in a public swimming pool must be sufficient to maintain the
water in a bacteriologically safe condition in accordance with the Pool
Standards.
(2) The use of non-chlorinated oxidation products in a public
swimming pool must be in accordance with the Pool Standards.
(3) No cyanuric acid or products containing cyanuric acid may be
used or be present in an indoor public swimming pool.
(4) The cyanuric acid level in an outdoor public swimming pool must
be maintained in accordance with the Pool Standards.
Automated pH, chlorine equipment
15(1) A public swimming pool must be equipped with automated
chemical feeding and monitoring equipment for pH and chlorine.
(2) The equipment referred to in subsection (1) must be
(
a) maintained in good working condition, and
(
b) calibrated and manually tested in accordance with the Pool
Standards to ensure that it is working properly.
(3) Despite subsection (1), any public swimming pool operated at a
bed and breakfast is not required to be equipped with automated
chemical feeding and monitoring equipment for pH and chlorine.
Water spray park
16(1) A water spray park that uses non-recirculating water is exempt
from the requirements of sections 4(3), 12 to 15, 17, 19 and 21.
(2) Water used in a water spray park must be from a potable source.
Testing, monitoring and recordkeeping
17(1) An owner, the owner's agent, if any, or the pool operator must
monitor the quality of water in the public swimming pool routinely and
keep proper records of testing results and readings.
(2) Tests and readings for free chlorine, combined chlorine and pH
must be conducted in accordance with the Pool Standards during the
normal operating hours of a public swimming pool as often as is
necessary to enable the owner, the owner's agent, if any, or the pool
operator to demonstrate water quality.
(3) An executive officer may order the owner, the owner's agent, if
any, or the pool operator to conduct any tests for purposes of ensuring
water quality.
Microbiological requirements
18 The microbiological quality of water in a public swimming pool
must be maintained in accordance with the Pool Standards.
Microbiological sampling
19(1) A sample of the water in a public swimming pool must be taken
and submitted to the Provincial Laboratory of Public Health for
microbiological testing in accordance with the Pool Standards
(
a) every week, or
(
b) at the intervals set out in a
schedule established by the Chief
Medical Officer or by an executive officer with the approval
of the Chief Medical Officer.
(2) If microbiological testing indicates that the requirements of this
Regulation or the Pool Standards are not met, the owner, the owner's
agent, if any, or the pool operator must immediately take steps to
ensure that the requirements are met.
Water clarity
20(1) Water in a public swimming pool, other than in a water spray
park, must be sufficiently clear so that
(
a) the patterns of lines on the bottom of the public swimming
pool floor are clearly visible at all times, or
(
b) a contrasting disc 150 millimetres in diameter on a white
background located on the bottom of the public swimming
pool at its deepest point is clearly visible from any point on
the deck 9 metres away from the disc.
(2) If a public swimming pool is open for use and the clarity of water
in the public swimming pool decreases to a level where the visibility
requirements of subsection (1) are not met, the owner, the owner's
agent, if any, or the pool operator must direct all patrons to leave the
public swimming pool until the clarity of water meets the requirements
of subsection (1).
(3) Where the clarity of water in a public swimming pool does not
meet the requirements of subsection (1), an executive officer may
require monitoring of turbidity in accordance with the Pool Standards.
Maximum bather load
21(1) The maximum design bather load, as calculated by the designer
of the public swimming pool, must not be exceeded during the
operation of the public swimming pool.
(2) Where the maximum design bather load for a public swimming
pool is not known, a maximum bather load may be calculated and
applied by an executive officer in accordance with the Pool Standards.
Nuisance strategy
22 If a nuisance is present in a public swimming pool, the owner,
owner's agent, if any, or the pool operator must direct all patrons to
leave the public swimming pool until the nuisance is removed.
Anti-entrapment devices
23(1) A public swimming pool, other than a water spray park, must
be equipped with anti-entrapment devices that meet the requirements
set out in the Pool Standards to prevent the entrapment of patrons on
suction outlets.
(2) For the purposes of assessing the effectiveness of an
anti-entrapment device referred to in subsection (1), the regional health
authority may require the owner or the owner's agent, if any, to
provide an engineer's report.
Written policies and plans
24(1) The owner or the owner's agent, if any, must develop and
maintain written policies and implement plans for those policies in
accordance with the Pool Standards respecting
(
a) safety and supervision of all patrons,
(
b) education of all patrons regarding use of the pool, including
posting of rules regarding use of the pool,
(
c) response to water quality issues, including fecal
contamination,
(
d) general sanitation, and
(
e) any other matters required by an executive officer.
(2) The written policies and plans referred to in subsection (1) must be
reviewed with the staff of the pool and be accessible at all times to the
staff and to an executive officer.
(3) The owner or the owner's agent, if any, or the pool operator must
ensure that the pool is operated in accordance with the written policies
and plans referred to in subsection (1).
Restrictions on use of pool
25 No individual shall
(
a) use a public swimming pool if the individual has been
instructed not to do so by a regional health authority or a
physician,
(
b) urinate or defecate in or otherwise pollute the water of a
public swimming pool, or
(
c) bring an animal onto a public swimming pool premises other
than a guide dog or a dog used to assist an individual with
disabilities.
Rental mobile whirlpools
26(1) No person shall operate or use a rental mobile whirlpool unless
an approval for the operation of the rental mobile whirlpool has been
granted by an executive officer.
(2) Despite subsection (1), a rental mobile whirlpool may be used,
without an approval, at a single family dwelling unit by the owners of
the single family dwelling unit and their non-paying guests.
Consequential amendment
27 The Waiver Regulation (AR 298/2003) is amended by
repealing
section 1(1)(
g) and substituting the following:
(
g) the Public Swimming Pools Regulation except sections 10
and 13(1) and (2);
Repeal
28 The Swimming Pool, Wading Pool and Water Spray Park
Regulation (AR 293/2006) is repealed.
Expiry
29 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be
repassed in its present or an amended form following a review, this
Regulation expires on November 30, 2019.
Coming into force
30 This Regulation comes into force on November 30, 2014.
--------------------------------
Alberta Regulation 205/2014
Freedom of Information and Protection of Privacy Act
FREEDOM OF INFORMATION AND PROTECTION OF
PRIVACY (MINISTERIAL) AMENDMENT REGULATION
Filed: November 25, 2014
For information only: Made by the Minister of Service Alberta (M.O. SA:010/2014)
on November 20, 2014 pursuant to
section 94(3) of the Freedom of Information and
Protection of Privacy Act.
1 The Freedom of Information and Protection of Privacy
(Ministerial) Regulation (AR 56/2009) is amended by this
Regulation.
Section 1 is repealed and the following is substituted:
Designation of public bodies
1 For the purposes of
section 1(p)(ii) of the Freedom of
Information and Protection of Privacy Act, an agency, board,
commission, corporation, office or other body listed in the
Schedule
is designated to be a public body.
3 The following is added after
section 3:
Schedule
Agriculture and Rural Development
Agricultural Development Committee;
Agricultural Operation Practices Act Practice Review Committee;
Alberta Livestock and Meat Agency Ltd.;
Farm Safety Advisory Council;
Next Generation Advisory Council.
Culture
Premier's Council on Culture.
Education
Practice Review Complainant Appeal Committee;
Practice Review Hearing Committees.
Energy
Balancing Pool;
Independent System Operator;
Market Surveillance Administrator;
Transmission Facilities Cost Monitoring Committee.
Health
Alberta Innovates - Health Solutions.
Human Services
Appeal Panels established under the Child Care Licensing Act;
Appeal Panels established under the Persons with Developmental
Disabilities Services Regulation (AR 228/2013);
Child and Family Services Council for Quality Assurance;
Expert Review Panel on the Child and Family Services Council for
Quality Assurance;
Interagency Council on Homelessness.
Innovation and Advanced Education
Alberta Enterprise Corporation;
Alberta Innovates - Bio Solutions;
Alberta Innovates - Energy and Environment Solutions;
Alberta Innovates - Technology Futures;
Alberta Post-secondary Application System Society;
Alberta Research and Innovation Authority;
Alberta Research and Innovation Committee.
Municipal Affairs
New Home Buyer Protection Act Appeal Board.
Tourism, Parks and Recreation
Travel Alberta.
Any subsidiary of a public body designated above.
Section 4 is repealed.
--------------------------------
Alberta Regulation 206/2014
Insurance Act
COMPLAINT RESOLUTION AMENDMENT REGULATION
Filed: November 26, 2014
For information only: Made by the President of Treasury Board and Minister of
Finance (M.O. 25/2014) on November 19, 2014 pursuant to
section 511(2) of the
Insurance Act.
1 The Complaint Resolution Regulation (AR 259/2004) is
amended by this Regulation.
Section 1 is repealed and the following is substituted:
Definitions
1 In this Regulation,
(a) "basic coverage" means basic coverage as defined in the
Premiums Regulation;
(b) "complaint" means a complaint made under
section 2.1;
(c) "insurer" means an insurer that provides basic coverage for
private passenger vehicles;
(d) "policyholder" means the person who holds a policy for basic
coverage in respect of a private passenger vehicle and
includes an applicant for basic coverage or for renewal of
basic coverage;
(e) "Premiums Regulation" means the Automobile Insurance
Premiums Regulation (AR 117/2014);
(f) "private passenger vehicle" means a private passenger
vehicle as defined in the Premiums Regulation.
Section 2 is amended by striking out "Before January 1,
2005, every" and substituting "Every".
4 The following is added after
section 2:
Complaint to insurer
2.1 A policyholder may make a complaint to an insurer, with
respect to a calculation, a determination, an action or an incident, if
the policyholder
(
a) is not satisfied with respect to the basis on which a premium
for basic coverage for a private passenger vehicle was
determined under the Premiums Regulation, or
(
b) considers that an insurer, directly or indirectly, has with
respect to insurance for basic coverage for a private
passenger vehicle taken an adverse contractual action
contrary to
section 555 of the Act.
Section 4(1)(
e) is amended by striking out ", in accordance
with
section 14(2) of the Premiums Regulation,".
Section 5 is amended by striking out "On or after June 1,
2005, and once every 6 months after that, an insurer must" and
substituting "An insurer must, on the request of the
Superintendent,".
Section 7 is amended by striking out "November 30, 2014"
and substituting "November 30, 2017".
Alberta Regulation 207/2014
Child, Youth and Family Enhancement Act
PUBLICATION BAN (COURT APPLICATIONS
AND ORDERS) REGULATION
Filed: November 27, 2014
For information only: Made by the Lieutenant Governor in Council (O.C. 443/2014)
on November 27, 2014 pursuant to
section 131 of the Child, Youth and Family
Enhancement Act.
Table of Contents
Definitions
2 Court practice and procedure
3 Non-compliance with this Regulation
4 Personal service
5 Application
6 Service of orders
7 Consequential amendments
8 Expiry
9 Coming into force
Schedule
Definitions
1 In this Regulation,
(a) "Act" means the Child, Youth and Family Enhancement Act;
(b) "publication ban" means an order of the Court under
section
126.3(3) of the Act that no person shall publish, in a manner
that reveals that a deceased child received intervention
services, the name or a photograph of the deceased child, of
any parent or guardian of the deceased child or of any other
individual identified in the order.
Court practice and procedure
2(1) In any matter not provided for in the Act or the regulations under
it, the Court may follow the Alberta Rules of Court and the procedures
of the Court of Queen's Bench.
(2) The Court may give directions respecting any practice or
procedure in the Court.
(3) The Court on application may
(
a) vary a rule of practice or procedure,
(
b) refuse to apply a rule of practice or procedure, or
(
c) direct that some other practice or procedure be followed.
Non-compliance with this Regulation
3(1) Unless the Court so directs, non-compliance with this Regulation
does not render any act or proceeding void, but the act or proceeding
may be set aside either wholly or in part as irregular or amended or
otherwise dealt with.
(2) No proceeding shall be defeated on the ground of an alleged defect
of form.
Personal service
4(1) Personal service is effected on an individual by leaving with the
individual a copy of the document to be served.
(2) Personal service is effected on a corporation by leaving a copy of
the document to be served with the mayor, reeve, president, chairman
or other head officer by whatever name that person is known, or with
the manager, office manager, cashier, secretary or agent.
Application
5(1) An application for a publication ban under
section 126.3(2) of the
Act is to be commenced by completing and filing Form 1 prescribed in
the
Schedule with the clerk of the Court before the Court hears the
application.
(2) A publication ban may be in Form 2 of the Schedule.
(3) An application under
section 126.3(5) of the Act for an order
setting aside a publication ban is to be commenced by completing and
filing Form 3 prescribed in the
Schedule with the clerk of the Court
before the Court hears the application.
(4) An order under
section 126.3(5) of the Act setting aside a
publication ban may be in Form 4 of the Schedule.
(5) Notwithstanding subsections (1) and (3), the Court may hear an
application before the relevant form is filed with the clerk of the Court.
(6) Notwithstanding subsections (1) and (3), notice of an application is
not insufficient merely because the relevant form was not filed before
it was served on the person notified.
Service of orders
6 A publication ban ordered under
section 126.3(3) of the Act or an
order under
section 126.3(5) of the Act setting aside a publication ban
must be served on
(
a) the parents of the deceased child in respect of whom the
order is made,
(
b) the guardians, if any, of the deceased child,
(
c) all other individuals, if any, identified in the order, and
(
d) a director, unless a director applied for the order.
Consequential amendments
7(1) The Court Rules and Forms Regulation (AR 39/2002) is
amended by this section.
(2) Section 2(1) is amended by striking out "this Regulation"
and substituting "the regulations under it".
(3) Section 5(1) is amended by adding ", other than under
section 126.3 of the Act," after "the Act".
(4) Section 5.1 is amended by adding ", other than an order
under
section 126.3 of the Act," after "of the court".
Expiry
8 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, 2022.
Coming into force
9 This Regulation comes into force on the coming into force of
section 126.3 of the Child, Youth and Family Enhancement Act.
Schedule
Form 1
Application for an Order Prohibiting Publication
In the Provincial Court of Alberta in the Matter of an
Application under
section 126.3(2) of the Child,
Youth and Family Enhancement Act.
Regarding the child
, born (date-yyyy/mm/dd) , a deceased
child who received intervention services under the Child, Youth and
Family Enhancement Act
1 My name is (name of applicant) .
? I am a family member of the deceased child within the meaning
section 126.3(1) of the Act. My relationship to the child is
? I am the deceased child's parent.
? I am the deceased child's guardian.
? I am the deceased child's grandparent.
? I am the deceased child's sibling.
? I stand in the place of a parent with respect to the deceased
child.
? I have the authority to act for the director.
? I am seeking leave of the Court to make this application.
Application
2 I am applying for an order prohibiting publication of the name and
photograph of the deceased child, any parent of the deceased child and
any guardian of the deceased child in a manner that reveals that the
deceased child received intervention services.
? I am also applying for an order prohibiting publication of the name
and photograph of the following individual(
s) in a manner that reveals
that the deceased child received intervention services:
(name) , born (date-yyyy/mm/dd)
(name) , born (date-yyyy/mm/dd)
(name) , born (date-yyyy/mm/dd)
Affidavit
3 In support of my application, I make oath and say that:
? (check only if you are seeking leave of the Court) I believe that I
should be granted leave of the Court to make this application because:
____________________________________________________
____________________________________________________
____________________________________________________.
? I believe that publication of the name and photograph of the
deceased child, any parent of the deceased child and any guardian of
the deceased child in a manner that reveals that the deceased child
received intervention services should be prohibited because:
_____________________________________________________
_____________________________________________________
_____________________________________________________.
? I believe that publication of the name and photograph of
(name) , born (date-yyyy/mm/dd)
(name) , born (date-yyyy/mm/dd)
(name) , born (date-yyyy/mm/dd)
in a manner that reveals that the deceased child received intervention
services should be prohibited because: ____________
_____________________________________________________
_____________________________________________________.
? I believe that the deceased child's sibling(s), namely
(name) , born (date-yyyy/mm/dd)
(name) , born (date-yyyy/mm/dd)
(name) , born (date-yyyy/mm/dd)
is/are receiving intervention services and that the order would be in
their best interests because: _______________________________
_____________________________________________________
_____________________________________________________.
? I believe that publication of the name and photograph of the
deceased child, any parent of the deceased child and any guardian of
the deceased child in a manner that reveals that the deceased child
received intervention services would be contrary to the known wishes
of the deceased child. The grounds for my belief are
_____________________________________________________
_____________________________________________________
_____________________________________________________.
? I believe that there are other grounds for prohibiting the
publication, which include _______________________________
_____________________________________________________
_____________________________________________________.
SWORN BEFORE ME at the of )
, in the Province of Alberta, the )
day of , .) (Applicant's Signature)
) (date-yyyy/mm/dd)
(Commissioner for Oaths )
in and for the Province of Alberta) )
Form 2
In the Provincial Court of Alberta in the Matter of an
Application under
section 126.3(2) of the Child,
Youth and Family Enhancement Act.
Regarding the child
, born (date-yyyy/mm/dd) , a deceased
child who received intervention services under the Child, Youth and
Family Enhancement Act
Heard Before
The Honourable Judge at (time) a.m./p.m. on
, (day of the week) , the
(number) day of
(month) , (year)
at , Alberta.
ORDER PROHIBITING PUBLICATION
(name of applicant) (add if required: acting on the authority of the
director) has applied for an order prohibiting publication, in a manner
that reveals that the deceased child received intervention services, of
the name and photograph of the deceased child, any parent of the
deceased child and any guardian of the deceased child (add if required:
and the following individual(s):
(name) , born (date-yyyy/mm/dd)
(name) , born (date-yyyy/mm/dd)
(name) , born (date-yyyy/mm/dd)
AND on being satisfied, having regard to the matters referred to in
section 126.3(3)(a), (
b) and (
c) of the Act, that it would be appropriate
to make the order,
IT IS ORDERED THAT no person shall publish the name or
photograph of any of the following individuals in a manner that reveals
that the deceased child received intervention services:
(name) , born (date-yyyy/mm/dd)
(name) , born (date-yyyy/mm/dd)
(name) , born (date-yyyy/mm/dd)
Dated this day of at in the Province of Alberta.
(name of judge)
Form 3
Application for an Order Setting
Aside a Publication Ban
In the Provincial Court of Alberta in the Matter of an
Application under
section 126.3(5) of the Child,
Youth and Family Enhancement Act.
Regarding the child
, born (date-yyyy/mm/dd) , a deceased
child who received intervention services under the Child, Youth and
Family Enhancement Act
1 My name is (name of applicant) . I am not a family member of
the deceased child within the meaning of
section 126.3(1) of the Act.
Application
2 I am applying under
section 126.3(5) of the Act for an order setting
aside the order of the Provincial Court Judge (name of judge, if
known) sitting at (city/town) , Alberta on (date of Provincial
Court hearing) , 20 (year) . The Provincial Court Judge ordered
__(nature of the ordered publication ban) .
I seek an order allowing publication, in a manner that reveals that the
child received intervention services, of the name and photograph of the
deceased child, any parent or guardian of the deceased child and any
other individual(
s) identified in the ordered publication ban.
Affidavit
3 In support of my application, I make oath and say that:
? I was served with a copy of the order containing the publication
ban.
? I seek an order setting aside the ordered publication ban because:
_____________________________________________________
_____________________________________________________
_____________________________________________________.
SWORN BEFORE ME at the of )
, in the Province of Alberta, the )
day of , .) (Applicant's Signature)
) (date-yyyy/mm/dd)
(Commissioner for Oaths )
in and for the Province of Alberta) )
Form 4
In the Provincial Court of Alberta in the Matter of an
Application under
section 126.3(5) of the Child,
Youth and Family Enhancement Act.
Regarding the child
, born (date-yyyy/mm/dd) , a deceased
child who received intervention services under the Child, Youth and
Family Enhancement Act
Heard Before
The Honourable Judge at (time) a.m./p.m. on
, (day of the week) , the
(number) day of
(month) , (year)
at , Alberta.
ORDER SETTING ASIDE A PUBLICATION BAN
(name of applicant) (add if required: acting on the authority of the
director) has applied for an order setting aside the order of the
Provincial Court Judge (name of judge, if known) sitting
at (city/town) , Alberta on (date of Provincial Court hearing) ,
20 (year) . The Provincial Court Judge ordered ___(nature of the
ordered publication ban) :
AND on being satisfied that it would be appropriate to make the order,
IT IS ORDERED THAT the order is set aside and any person may
publish the name and photograph of the following individuals in a
manner that reveals that the deceased child received intervention
services:
(name) , born (date-yyyy/mm/dd)
(name) , born (date-yyyy/mm/dd)
(name) , born (date-yyyy/mm/dd)
Dated this day of at in the Province of Alberta.
(name of judge)