Alberta Gazette — 15 July 2014 (Part II)
15 July 2014
Alberta — Gazette
Alberta Regulation 113/2014
Justice of the Peace Act
JUSTICE OF THE PEACE AMENDMENT REGULATION
Filed: June 18, 2014
For information only: Made by the Lieutenant Governor in Council (O.C. 225/2014)
on June 17, 2014 pursuant to
section 15 of the Justice of the Peace Act.
1 The Justice of the Peace Regulation (AR 6/99) is
amended by this Regulation.
Section 1 is amended
(
a) by adding the following after clause (a):
(a.01) "justice of the peace" means a justice of the peace who
is appointed under the Act as a justice of the peace and
includes an ad hoc justice of the peace but does not
include a non-presiding justice of the peace unless the
context requires otherwise.
(
b) by repealing clauses (a.1) and (b).
Section 6 is amended
(
a) by repealing subsection (1) and substituting the
following:
Remuneration - full-time justices of the peace
6(1) The annual salary for a full-time justice of the peace is as
follows:
(
a) for the year from April 1, 2008 to March 31, 2009,
$117 480;
(
b) for the year from April 1, 2009 to March 31, 2010,
$125 000;
(
c) for the year from April 1, 2010 to March 31, 2011,
$129 375;
(
d) for the year from April 1, 2011 to March 31, 2012,
$134 550;
(
e) for the year from April 1, 2012 to March 31, 2013,
$139 932.
(
b) in subsection (2)
(
i) by striking out "subsection (1), a full-time sitting
justice and a full-time presiding justice are" and
substituting "subsection (1), a full-time justice of the
peace is";
(ii) by repealing clause (
a) and substituting the
following:
(
a) effective April 1, 2008, in lieu of pension benefits,
to an additional amount of 13.1% of his or her
salary, and
Section 8 is amended
(
a) by repealing subsections (1) and (1.1) and
substituting the following:
Remuneration - part-time justices of the peace
8(1) The remuneration for a part-time justice of the peace
working an 8-hour shift is as follows:
(
a) for the year from April 1, 2008 to March 31, 2009,
$740;
(
b) for the year from April 1, 2009 to March 31, 2010,
$786;
(
c) for the year from April 1, 2010 to March 31, 2011,
$813;
(
d) for the year from April 1, 2011 to March 31, 2012,
$844;
(
e) for the year from April 1, 2012 to March 31, 2013,
$877.
(1.1) The remuneration for a part-time justice of the peace
working a 4-hour shift is 50% of the remuneration set out in
subsection (1) for the applicable time period.
(
b) in subsection (2)
(
i) by striking out "sitting justice or a part-time presiding
justice" and substituting "justice of the peace";
(ii) by striking out "section 8.1" and substituting
"sections 8.1 and 8.2".
Section 8.1 is repealed and the following is substituted:
Evening, night, weekend and holiday shift differentials
8.1(1) For the purposes of this section,
(a) "day shift" means a shift that starts at or after 7:00 a.m. and
ends at or before 7:00 p.m.;
(b) "evening shift" means
(
i) in respect of an 8-hour shift, a shift that starts at or after
12 noon and ends at or before 12 midnight, or
(ii) in respect of a 4-hour shift, a shift that starts after 3:00
p.m. and ends at or before 12 midnight;
(c) "holiday" means New Year's Day, Family Day, Good
Friday, Easter Monday, Victoria Day, Canada Day, Civic
Holiday, Labour Day, Thanksgiving Day, Remembrance
Day, Christmas Day, Boxing Day and the Christmas floater
as identified each year by the Public Service Commissioner
for members of the public service of the Province;
(d) "night shift" means a shift other than a day shift or an
evening shift;
(e) "weekday" means the time commencing immediately on the
beginning of a Monday and ending at the end of a Friday, but
does not include where this time falls on a holiday;
(f) "weekend" means the time commencing immediately on the
beginning of a Saturday and ending at the end of a Sunday,
except when this time falls on a holiday.
(2) Commencing April 1, 2008, over and above the remuneration
payable under
section 6 or 8, as the case may be, a justice of the
peace is entitled to a payment as follows for work during the
following times:
(
a) weekday evening shift - $6.25 per hour;
(
b) weekday night shift - $12.50 per hour;
(
c) weekend day shift - $6.25 per hour;
(
d) weekend evening shift - $9.50 per hour;
(
e) weekend night shift - $18.75 per hour;
(
f) holiday day shift - $9.50 per hour;
(
g) holiday evening shift - $12.50 per hour;
(
h) holiday night shift - $25.00 per hour.
(3) Payment for work under subsection (2) is to be made at the
hourly rate applicable at the time the work shift is scheduled to
commence.
6 The following is added after
section 8.1:
Professional allowance
8.2(1) Subject to subsections (2) to (4), effective April 1, 2012, a
full-time or part-time justice of the peace is entitled to claim an
annual professional allowance of not more than $2000 for expenses
incurred for any or all of the following purposes, as authorized by
the Chief Judge or his or her delegate:
(
a) the attendance at relevant conferences that are related to the
carrying out of the duties and functions of a justice of the
peace;
(
b) the purchase of books and journals that are related to the
carrying out of the duties and functions of a justice of the
peace;
(
c) the maintenance of memberships in professional
organizations;
(
d) the purchase of security systems for a justice of the peace's
home and the monthly service charges for those systems;
(
e) the purchase of attire required for the carrying out of the
duties and functions of a justice of the peace.
(2) Any unused portion of the annual professional allowances for
the time from April 1, 2012 to March 31, 2014 may be carried
forward so that the maximum total amount of annual professional
allowances that may be claimed under subsection (1) for the time
period from April 1, 2012 to March 31, 2015 is $6000.
(3) Claims for the annual professional allowances in respect of
expenses incurred from April 1, 2012 to March 31, 2015 must be
submitted by March 31, 2015 in order to be eligible for
reimbursement.
(4) A claim for the annual professional allowance must be
accompanied by itemized receipts for all expenses claimed.
Schedule 1 is amended
(
a) in
section 1 by striking out "sitting justice of the peace
and a full-time presiding";
(
b) in
section 2(2) by striking out "sitting and full-time
presiding";
(
c) in
section 4
(
i) by repealing subsection (1) and substituting
the following:
4(1) Effective April 1, 2008, full-time justices are
entitled to vacation of 30 working days per year.
(ii) in subsection (3) by striking out "1.67" and
substituting "2.5";
(
d) in
section 4.1(1)(
c) by striking out "sitting justice of the
peace or a full-time presiding";
(
e) in
section 2 of the Subschedule by striking out
"sitting justices of the peace and full-time presiding".
8 In
Schedule 2, the heading is amended by adding "of the
Peace" after "Justices".
9 This Regulation is retroactive to the extent necessary to
implement each of its provisions and otherwise comes into
force on July 1, 2014.
--------------------------------
Alberta Regulation 114/2014
Police Act
POLICE SERVICE AMENDMENT REGULATION
Filed: June 18, 2014
For information only: Made by the Lieutenant Governor in Council (O.C. 226/2014)
on June 17, 2014 pursuant to
section 61 of the Police Act.
1 The Police Service Regulation (AR 356/90) is amended
by this Regulation.
Section 10.6 is amended by adding the following after
subsection (1):
(2) The person in charge of the investigation shall advise the chief
of police and the police officer in writing if, at any time after
advising the chief of police and the officer under subsection (1) of
the officer's status, the officer in charge decides that an officer
formerly considered to be a subject officer is now considered to be a
witness officer or an officer formerly considered to be a witness
officer is now considered to be a subject officer.
(3) If, after interviewing a police officer who was considered to be a
witness officer when the interview was requested or after obtaining a
copy of the notes of a police officer who was considered to be a
witness officer when the notes were requested, the person in charge
of the investigation decides that the police officer is a subject officer,
the person in charge shall
(
a) advise the chief of police and the officer in writing that the
officer is now considered to be a subject officer,
(
b) give the police officer the original and all copies of the
record of the interview, if any, and
(
c) give the chief of police the original and all copies of the
police officer's notes.
--------------------------------
Alberta Regulation 115/2014
Public Health Act
REGULATED MATTER AMENDMENT REGULATION
Filed: June 18, 2014
For information only: Made by the Lieutenant Governor in Council (O.C. 237/2014)
on June 17, 2014 pursuant to
section 66 of the Public Health Act.
1 The Regulated Matter Regulation (AR 174/99) is amended
by this Regulation.
Section 3 is amended by striking out "June 30, 2014" and
substituting "June 30, 2019".
Alberta Regulation 116/2014
Insurance Act
DIAGNOSTIC AND TREATMENT PROTOCOLS REGULATION
Filed: June 18, 2014
For information only: Made by the Lieutenant Governor in Council (O.C. 239/2014)
on June 17, 2014 pursuant to
section 573 of the Insurance Act.
Table of Contents
Definitions
Part 1
Application and Operation
2 Application of this Regulation
3 Authorization for additional services or supplies
4 Interpretative bulletins and information circulars
5 Prescribed fees
Part 2
Diagnosis and Treatment Protocols
Division 1
Diagnosis and Treatment Protocol for Strains and Sprains
6 Protocols established
7 Developing the diagnosis for strains or sprains
8 Treatment protocols for strains and sprains
9 Diagnostic and treatment authorization for strains and sprains
Division 2
Diagnostic and Treatment Protocol for WAD Injuries -
Cervical, Thoracic, Lumbar and Lumbosacral
10 Protocols established
11 Developing the diagnosis for WAD injuries
12 Diagnostic criteria: WAD I and WAD II injuries
13 Treatment protocols: WAD I and WAD II injuries
14 Diagnostic and treatment authorization
Division 3
Treatment Limits and Referrals
15 Aggregate limits on visits
16 Referral to injury management consultant
Part 3
Injury Management Consultants Register
17 Register established
18 Eligibility requirements
19 Ceasing to be an injury management consultant
Part 4
Claims and Payment of Claims
Definitions
21 Priority of this
Part
22 Claims
23 Decision by insurer
24 Failure of insurer to respond
25 Subsequent denial of liability
26 Making and paying claims
27 Sending notices
28 Multiple claims
Part 5
Review and Repeal
29 Review
30 Repeal
31 Coming into force
Definitions
1(1) In this Regulation,
(a) "chiropractor" means a person who is a regulated member of
the Alberta College and Association of Chiropractors under
the Health Professions Act;
(b) "evidence-informed practice" means the conscientious,
explicit and judicious use of current best practice in making
decisions about the care of a patient, integrating individual
clinical expertise with the best available external clinical
evidence from systematic research;
(c) "health care practitioner" means
(
i) a chiropractor,
(ii) a physical therapist, or
(iii) a physician;
(d) "history", in respect of a patient's injury, means
(
i) how the injury occurred,
(ii) the current symptoms the patient is experiencing,
(iii) the patient's relevant past history, including physical,
psychological, emotional, cognitive and social history,
and
(iv) how the patient's physical functions have been affected
by the injury;
(e) "IMC register" means the register of injury management
consultants established under
section 17;
(f) "injury management consultant" means a health care
practitioner who is entered on the IMC register in accordance
with
Part 3;
(g) "insurer" has the same meaning as it has in the Automobile
Accident Insurance Benefits Regulations (AR 352/72);
(h) "International Classification of Diseases" means the most
recent edition of the publication titled the International
Statistical Classification of Diseases and Related Health
Problems, Canada, published by the Canadian Institute of
Health Information, based on a publication issued from time
to time titled the International Statistical Classification of
Diseases and Related Health Problems, published by the
World Health Organization;
(i) "patient" means an insured person as defined in the
Automobile Accident Insurance Benefits Regulations
(AR 352/72);
(j) "physical therapist" means a person who is a regulated
member of the College of Physical Therapists of Alberta
under the Health Professions Act;
(k) "physician" means a person who is a regulated member of
the College of Physicians and Surgeons of Alberta under the
Health Professions Act;
(l) "prescribed claim form" means the form established by the
Minister under
section 803 of the Insurance Act;
(m) "protocols" means the diagnostic and treatment protocols
established by this Regulation;
(n) "spine" means the column of bone known as the vertebral
column that surrounds and protects the spinal cord;
(o) "sprain" means an injury to one or more of the tendons or
ligaments, or to both;
(p) "strain" means an injury to one or more muscles;
(q) "Superintendent" means the Superintendent of Insurance
appointed under the Insurance Act;
(r) "WAD injury" means a whiplash associated disorder other
than one that exhibits one or both of the following:
(
i) objective, demonstrable, definable and clinically
relevant neurological signs;
(ii) a fracture to or a dislocation of the spine.
(2) For the purpose of
section 573 of the Act, "assessment" includes
diagnosis.
Part 1
Application and Operation
Application of this Regulation
2(1) This Regulation applies only in cases where
(
a) a patient wishes to be diagnosed and treated in accordance
with the protocols for a sprain, strain or WAD injury caused
by an accident arising from the use or operation of an
automobile, and
(
b) a health care practitioner chooses to diagnose and treat the
patient's sprain, strain or WAD injury in accordance with the
protocols.
(2) This Regulation, except
section 16(5) and
Part 4, ceases to apply in
respect of an injury
(a) 90 days after the date of the accident, or
(
b) when the aggregate number of visits authorized by this
Regulation has been reached,
whichever occurs first.
Authorization for additional services or supplies
3 Nothing in this Regulation prevents or limits a patient or a health
care practitioner from applying to an insurer for an authorization for a
service or supply in addition to the limits specified by this Regulation,
and the insurer may, in accordance with the Automobile Accident
Insurance Benefits Regulations (AR 352/72), approve the additional
service or supply.
Interpretative bulletins and information circulars
4 The Superintendent may issue interpretative bulletins and
information circulars
(
a) describing the anticipated roles and general expectations of
those persons affected by or who have an interest in the
implementation, application and administration of the
protocols;
(
b) respecting the administration, implementation and operation
of the protocols;
(
c) respecting any other matter the Superintendent considers
appropriate.
Prescribed fees
5(1) The Superintendent may prescribe the fees and disbursements or
the maximum fees and disbursements to be charged or paid for any
service, diagnostic imaging, laboratory testing, specialized testing,
supply, treatment, visit, therapy, assessment or making a report under
this Regulation, or any other activity or function necessitated by,
described in or referred to in this Regulation.
(2) The fees and disbursements or maximum fees and disbursements
prescribed under subsection (1) must be published in The Alberta
Gazette.
(3) If the Superintendent prescribes maximum fees and disbursements
under subsection (1), no person shall charge or collect a fee or a
disbursement that is greater than those maximum fees or
disbursements, as the case may be.
Part 2
Diagnosis and Treatment Protocols
Division 1
Diagnosis and Treatment
Protocol for Strains and Sprains
Protocols established
6 Sections 7 to 9 are established as protocols for the diagnosis and
treatment of strains and sprains.
Developing the diagnosis for strains or sprains
7(1) With reference to the International Classification of Diseases and
using evidence-informed practice, a diagnosis of a strain or sprain is to
be established by a health care practitioner using the following
process:
(
a) taking a history of the patient;
(
b) examining the patient;
(
c) making an ancillary investigation;
(
d) identifying
(
i) the muscle or muscle groups injured, or
(ii) the tendons or ligaments, or both, that are involved and
the specific anatomical site of the injury.
(2) If a strain or sprain is diagnosed, the diagnostic criteria to be used
to determine the degree of severity of the injury are set out in the
following tables, extracted from Orthopedic Physical Assessment by
David J. Magee, (6th edition), (2014), pg 32, with permission from
Elsevier Inc.:
1. Diagnosis of strains:
1st degree
strain
2nd degree
strain
3rd degree strain
Definition of
the degree of
strain
Few fibres
of muscle
torn
About half of
muscle fibres
torn
All muscle fibres torn
(rupture)
Mechanism
of injury
Overstretch
Overload
Overstretch
Overload
Crushing
Overstretch
Overload
Onset
Acute
Acute
Acute
Weakness
Minor
Moderate to
major (reflex
inhibition)
Moderate to major
Disability
Minor
Moderate
Major
Muscle
spasm
Minor
Moderate to
major
Moderate
Swelling
Minor
Moderate to
major
Moderate to major
Loss of
function
Minor
Moderate to
major
Major (reflex
inhibition)
Pain on
isometric
contraction
Minor
Moderate to
major
None to minor
Pain on
stretch
Yes
Yes
Not if it is the only
tissue injured;
however, other
structures may suffer
1st degree or 2nd
degree injuries and be
painful
Joint play
Normal
Normal
Normal
Palpable
defect
Yes (if detected early)
Range of
motion
Decreased
Decreased
May increase or
decrease depending on
swelling
2. Diagnosis of sprains:
1st degree
sprain
2nd degree
sprain
3rd degree sprain
Definition of
the degree of
sprain
Few fibres
of ligament
torn
About half of
ligament torn
All fibres of ligament
torn
Mechanism
of injury
Overstretch
Overload
Overstretch
Overload
Overstretch
Overload
Onset
Acute
Acute
Acute
Weakness
Minor
Minor to
moderate
Minor to moderate
Disability
Minor
Moderate
Moderate to major
Muscle
spasm
Minor
Minor
Minor
Swelling
Minor
Moderate
Moderate to major
Loss of
function
Minor
Moderate to
major
Moderate to major
(instability)
Pain on
isometric
contraction
None
None
None
Pain on
stretch
Yes
Yes
Not if it is the only
tissue injured;
however, other
structures may suffer
1st degree or 2nd
degree injuries and be
painful
Joint play
Normal
Normal
Normal to excessive
Palpable
defect
Yes (if detected early)
Range of
motion
Decreased
Decreased
May increase or
decrease depending on
swelling; dislocation
or subluxation
possible
Treatment protocols for strains and sprains
8 A strain or sprain is to be treated by
(
a) educating the patient with respect to at least the following
matters:
(
i) the desirability of an early return to one or more of the
following, as applicable:
(
A) the patient's employment, occupation or
profession;
(
B) the patient's training or education in a program or
course;
(
C) the normal activities of the patient's daily living;
(ii) an estimate of the probable length of time that
symptoms will last;
(iii) the expected course of recovery;
(
b) managing inflammation and pain, as required,
(
i) by the protected use of ice;
(ii) by elevating the injured area;
(iii) by compression;
(iv) by using reasonable and necessary equipment to protect
a sprained joint during the acute phase of recovery;
(
c) teaching the patient about maintaining flexibility, balance,
strength and the functions of the injured area;
(
d) giving advice about self-care and expected return to one or
more of the activities described in clause (a)(i)(
A) to (C);
(
e) discussing the disadvantage of extended dependence on
health care providers and passive modalities of care;
(
f) subject to
section 9(3), providing treatment that is
appropriate and within the scope of practice of the health care
practitioner providing it, and that, in the opinion of the health
care practitioner, is necessary for the treatment or
rehabilitation of the injury;
(
g) any other adjunct therapy that, in the opinion of the health
care practitioner, is necessary for the treatment or
rehabilitation of the injury and that is linked to the continued
clinical improvement of the patient.
Diagnostic and treatment authorization for strains and sprains
9(1) Within the practitioner's scope of practice, a health care
practitioner may authorize, for a 1st degree, 2nd degree or 3rd degree
strain or sprain,
(
a) one visit to a health care practitioner for an assessment of the
injury, including the preparation of a treatment plan and
prescribed claim form, if required, which is in addition to the
visits that may be authorized under subsection (2);
(
b) necessary diagnostic imaging, laboratory testing and
specialized testing;
(
c) necessary medication as determined by the health care
practitioner;
(
d) acquisition of necessary supplies to assist in the treatment or
rehabilitation of the injury.
(2) Subject to the limits described in
section 15, within the
practitioner's scope of practice, a health care practitioner may
authorize, for the treatment of a 1st degree or 2nd degree strain or
sprain, not more than a combined total of 10 physical therapy,
chiropractic and adjunct therapy visits to provide the treatment
described in
section 8.
(3) Under these protocols, a health care practitioner may not use a
visit to treat a 1st degree or 2nd degree strain or sprain to a peripheral
joint by a deliberate, brief, fast thrust to move the joints of the spine
beyond the normal range but within the anatomical range of motion,
which generally results in an audible click or pop.
(4) Within the practitioner's scope of practice, a health care
practitioner may authorize, for a 3rd degree strain or sprain,
(
a) necessary diagnostic imaging, laboratory testing and
specialized testing;
(
b) necessary medication as determined by the health care
practitioner;
(
c) acquisition of necessary supplies to assist in the treatment or
rehabilitation of the injury.
(5) Subject to the limits described in
section 15, within the
practitioner's scope of practice, a health care practitioner may
authorize, for the treatment of a 3rd degree strain or sprain, a combined
total of 21 physical therapy, chiropractic and adjunct therapy visits to
provide the treatment described in
section 8, and in particular
definitive care of specific muscles, muscle groups, tendons or
ligaments at specific anatomical sites, including, as required,
(
a) immobilization,
(
b) strengthening exercises,
(
c) surgery, and
(
d) if surgery is required, post-operative rehabilitation therapy.
Division 2
Diagnostic and Treatment Protocol
for WAD Injuries - Cervical, Thoracic,
Lumbar and Lumbosacral
Protocols established
10 Sections 11 to 14 are established as protocols for the diagnosis
and treatment of WAD injuries.
Developing the diagnosis for WAD injuries
11 Through the use of evidence-informed practice, a diagnosis of a
WAD injury is to be established by a health care practitioner using the
following process:
(
a) taking a history of the patient;
(
b) examining the patient;
(
c) making an ancillary investigation;
(
d) identifying the anatomical sites.
Diagnostic criteria: WAD I and WAD II injuries
12(1) If a WAD injury is diagnosed, the following criteria are to be
used to diagnose the WAD I injury:
(
a) complaints of spinal pain, stiffness or tenderness;
(
b) no demonstrable, definable and clinically relevant physical
signs of injury;
(
c) no objective, demonstrable, definable and clinically relevant
neurological signs of injury;
(
d) no fractures to or dislocation of the spine.
(2) If a WAD I injury is diagnosed, no further investigation of the
injury is warranted, unless there is cause to do so.
(3) If a WAD injury is diagnosed, the following criteria are to be used
to diagnose the WAD II injury:
(
a) complaints of spinal pain, stiffness or tenderness;
(
b) demonstrable, definable and clinically relevant physical signs
of injury, including
(
i) musculoskeletal signs of decreased range of motion of
the spine, and
(ii) point tenderness of spinal structures affected by the
injury;
(
c) no objective, demonstrable, definable and clinically relevant
neurological signs of injury;
(
d) no fracture to or dislocation of the spine.
(4) An investigation to determine a WAD II injury and to rule out a
more severe injury may include
(
a) for cervical spine injuries, radiographic series in accordance
with The Canadian C-Spine Rule for Radiography in Alert
and Stable Trauma Patients, published in the Journal of the
American Medical Association, October 17, 2001 - Volume
286, No. 15;
(
b) for thoracic, lumbar and lumbosacral spine injuries,
radiographic series appropriate to the region of the spine that
is injured, if the patient has one or more of the following
characteristics:
(
i) an indication of bone injury;
(ii) an indication of significant degenerative changes or
instability;
(iii) an indication of polyarthritis;
(iv) an indication of osteoporosis;
(
v) a history of cancer.
(5) The use of magnetic resonance imaging or computerized
tomography is not authorized under these protocols, unless 3 plain
view films are equivocal or there are objective neurological or clinical
findings.
Treatment protocols: WAD I and WAD II injuries
13 A WAD I or WAD II injury is to be treated by
(
a) educating the patient with respect to at least the following
matters:
(
i) the desirability of an early return to one or more of the
following, as applicable:
(
A) the patient's employment, occupation or
profession;
(
B) the patient's training or education in a program or
course;
(
C) the normal activities of the patient's daily living;
(ii) an estimate of the probable length of time that
symptoms will last, the estimated course of recovery
and the length of the treatment process;
(iii) reassurance that there is likely no serious currently
detectable underlying cause of the pain;
(iv) that the use of a soft collar is not advised;
(
v) the probable factors that are responsible for other
symptoms the patient may be experiencing that are
temporary in nature and that are not reflective of tissue
damage;
(
b) giving advice about self-care and expected return to one or
more of the activities described in clause (a)(i)(
A) to (C);
(
c) discussing the disadvantage of extended dependence on
health care providers and passive modalities of care;
(
d) prescribing medication, including the appropriate use of
analgesics, which may include short-term use of non-opioid
analgesics, non-steroidal anti-inflammatory drugs or muscle
relaxants for the sole purpose of treating spinal injury, but
under these protocols narcotics are not authorized for
reimbursement for the treatment of WAD injuries;
(
e) any of the following as appropriate:
(
i) pain management;
(ii) exercise;
(iii) early return to normal activities;
(iv) cryo and thermal therapy;
(
v) preparing the patient for a return to one or more of the
activities described in clause (a)(i)(
A) to (C);
(
f) providing treatment that is appropriate and within the scope
of practice of the health care practitioner providing it, and
that, in the opinion of the health care practitioner, is
necessary for the treatment or rehabilitation of the injury;
(
g) any other adjunct therapy that, in the opinion of the health
care practitioner, is necessary for the treatment or
rehabilitation of the injury and that is linked to the continued
clinical improvement of the patient.
Diagnostic and treatment authorization
14(1) Within the practitioner's scope of practice, a health care
practitioner may authorize, for a WAD I or WAD II injury,
(
a) one visit to a health care practitioner for an assessment of the
injury, including the preparation of a treatment plan and
prescribed claim form, if required, which is in addition to the
visits that may be authorized under subsection (2);
(
b) necessary diagnostic imaging, laboratory testing and
specialized testing;
(
c) necessary medication as determined by the health care
practitioner;
(
d) acquisition of necessary supplies to assist in the treatment or
rehabilitation of the injury.
(2) Subject to the limits described in
section 15, within the
practitioner's scope of practice, a health care practitioner may
authorize,
(
a) for the treatment of a WAD I injury, not more than a
combined total of 10 physical therapy, chiropractic and
adjunct therapy visits to provide the treatment as described in
section 13, and
(
b) for the treatment of a WAD II injury, not more than a
combined total of 21 physical therapy, chiropractic and
adjunct therapy visits to provide the treatment described in
section 13.
Division 3
Treatment Limits and Referrals
Aggregate limits on visits
15(1) Except as otherwise specifically provided in this Regulation, if
a patient is diagnosed and treated under these protocols for 2 or more
injuries,
(
a) only one visit for an assessment of the injuries by a health
care practitioner is authorized by these protocols;
(
b) if the injuries are diagnosed as a 1st degree strain, 2nd degree
strain, 1st degree sprain or 2nd degree sprain or WAD I
injury, the cumulative total of visits for the 2 or more injuries
that may be authorized under the protocols, without the
approval of the insurer, may not exceed 10;
(
c) if one or more of the injuries described in clause (
b) and one
or more of
(
i) a 3rd degree strain for which treatment is authorized,
(ii) a 3rd degree sprain for which treatment is authorized, or
(iii) a WAD II injury
are diagnosed, the cumulative total of visits for the 2 or more
injuries that may be authorized under the protocols, without
the approval of the insurer, may not exceed 21;
(
d) if 2 or more of
(
i) a 3rd degree strain,
(ii) a 3rd degree sprain, or
(iii) a WAD II injury
are diagnosed, the cumulative total of visits for the 2 or more
injuries that may be authorized under these protocols,
without the approval of the insurer, may not exceed 21.
(2) Despite anything to the contrary in this Regulation,
(
a) an authorization by a health care practitioner for anything
permitted by these protocols must be in writing and issued
within 90 days of the date of the accident in which the patient
was injured,
(
b) an authorization under these protocols expires 90 days after
the date of the accident in which the patient was injured,
unless the authorization is approved by an insurer for use
after the 90 days, and
(
c) an authorization may be issued in respect of the person who
issues the authorization.
(3) If, after an assessment, a physical therapist or a chiropractor
diagnoses an injury as one to which these protocols do not apply, these
protocols authorize a claim under
Part 4 for the assessment.
Referral to injury management consultant
16(1) A health care practitioner may authorize a visit by, and an
assessment of, a patient to an injury management consultant if the
health care practitioner
(
a) is uncertain about an injury to which the protocols apply or
the diagnosis or treatment of it, or
(
b) believes that the injury
(
i) is not resolving appropriately, or
(ii) is not resolving within the time expected and the
practitioner requires another opinion or report.
(2) If a client is diagnosed with a WAD I or WAD II injury and the
client has any alerting factor that may influence prognosis, the health
care practitioner must seek to reassess the client within 21 days of the
accident and, if the injury is not resolving, authorize a visit by the
client to an injury management consultant for an assessment and
report.
(3) The injury management consultant may complete an assessment
and report that
(
a) provides advice about the diagnosis or treatment of the
patient, or
(
b) recommends a multi-disciplinary assessment of the injury or
an aspect of the injury and the persons who should be
included in that assessment.
(4) The visit and the cost and expenses related to an assessment and
report by an injury management consultant under this
section are
authorized to be claimed under
Part 4 and are in addition to the
aggregate limit on visits referred to in
section 15.
(5) Notwithstanding anything in this section, a referral submitted by a
health care practitioner, either 90 days after the date of the accident or
after the aggregate number of visits authorized by this Regulation has
been reached, and an assessment and report by an injury management
consultant is authorized only if the insurer approves it.
(6) Except for the visit, assessment and report described in this
section, no further visit, assessment or report by an injury management
consultant in respect of the same injury is authorized by these
protocols, unless the insurer approves of it.
Part 3
Injury Management
Consultants Register
Register established
17(1) The Superintendent must establish, maintain and administer a
register of injury management consultants.
(2) The Superintendent must ensure that the IMC register is published
in a form and manner so that the register is accessible to the public.
Eligibility requirements
18(1) A health care practitioner is an injury management consultant
under this Regulation if, in accordance with this Part,
(
a) the Council of the College of Physicians and Surgeons of
Alberta notifies the Superintendent that a physician meets the
requirements set out in subsection (2) and the Superintendent
enters the name of that person on the IMC register;
(
b) the Council of the Alberta College and Association of
Chiropractors of Alberta notifies the Superintendent that a
chiropractor meets the requirements set out in subsection
(2) and the Superintendent enters the name of that person on the
IMC register;
(
c) the Council of the College of Physical Therapists of Alberta
notifies the Superintendent that a physical therapist meets the
requirements set out in subsection (2) and the Superintendent
enters the name of that person on the IMC register.
(2) A person is eligible to be an injury management consultant if the
person
(
a) is an active practising member of that person's profession,
(
b) is knowledgeable with respect to the biopsychosocial model,
(
c) is knowledgeable with respect to assessing acute and chronic
pain,
(
d) is experienced in rehabilitation and disability management,
(
e) uses evidence-informed decision-making in his or her
practice, and
(
f) meets any additional qualifications established by the
Superintendent and approved by the councils of the colleges
concerned.
Ceasing to be an injury management consultant
19 A person ceases to be an injury management consultant if
(
a) the council of the profession concerned notifies the
Superintendent that the person's name is to be removed from
the IMC register, and
(
b) the Superintendent removes the person's name from the IMC
register.
Part 4
Claims and Payment of Claims
Definitions
20 In this Part,
(a) "applicant" means a patient or health care practitioner who
sends a completed prescribed claim form to the insurer under
section 22;
(b) "business days" means any day other than a Saturday,
Sunday or other holiday as defined in
section 28(1)(
x) of the
Interpretation Act;
(c) "prescribed claim form" means the form established by the
Minister under
section 803 of the Insurance Act.
Priority of this
Part
21 If there is any inconsistency or conflict between this Part and
Section B - Accident Benefits under the Automobile Accident
Insurance Benefits Regulations (AR 352/72), this Part prevails.
Claims
22 A patient or health care practitioner who wishes to make a claim
under this Part must send to the insurer a completed prescribed claim
form, which must include
(
a) details of the injury, and
(
b) details of the accident that are within the personal knowledge
of the patient,
within 10 business days of the date of an accident or, if that is not
reasonable, as soon as practicable after that.
Decision by insurer
23(1) An insurer, within 5 business days of receiving a completed
prescribed claim form, must send to the applicant a decision notice
(
a) approving the claim, or
(
b) refusing the claim.
(2) A claim may only be refused by the insurer giving reasons for
refusing the claim, but those reasons are limited to the following:
(
a) the person who suffered the injury is not an insured person
under the Automobile Accident Insurance Benefits
Regulations (AR 352/72);
(
b) the insurer is not liable to pay as a result of an exclusion
contained in the Special Provisions,
Definitions and
Exclusions of
Section B under the Automobile Accident
Insurance Benefits Regulations (AR 352/72);
(
c) there is no contract of insurance in existence that applies with
respect to the person who suffered the injury;
(
d) the injury was not caused as a result of an accident arising
out of the use or operation of an automobile.
Failure of insurer to respond
24 If an insurer does not send a decision notice back to the applicant
within 5 business days of receipt of the applicant's completed
prescribed claim form, the insurer
(
a) is deemed to have approved the claim, and
(
b) is liable to pay the claim under
section 26, unless the claim is
denied under
section 25.
Subsequent denial of liability
25(1) If an insurer
(
a) approves a claim, or
(
b) is deemed to have approved a claim
under this Part, the insurer may subsequently deny liability in
accordance with subsection (2).
(2) Liability may only be denied if an insurer sends notice in writing
to the patient and every person whom, under the prescribed claim
form, the insurer is notified the patient is authorized to visit, or who is
authorized to provide services or supplies to the patient, giving reasons
why liability is denied, but those reasons are limited to the following:
(
a) the person who suffered the injury is not an insured person
under the Automobile Accident Insurance Benefits
Regulations (AR 352/72);
(
b) the insurer is not liable to pay as a result of an exclusion
contained in the Special Provisions,
Definitions and
Exclusions of
Section B under the Automobile Accident
Insurance Benefits Regulations (AR 352/72);
(
c) there is no contract of insurance in existence that applies with
respect to the person who suffered the injury;
(
d) the injury was not caused as a result of an accident arising
out of the use or operation of an automobile.
(3) A valid notice of denial under subsection (2) takes effect on the
date it is received by the person to whom it is sent and, after receipt of
the notice of denial by the patient, the insurer is not liable, under
section 26, to pay any future claim by a person under this Part.
Making and paying claims
26(1) Where anything is authorized under this Regulation, the
authorization may be the subject of a claim under subsection (2).
(2) The insurer must, within 30 days after receiving it, pay a claim that
is authorized by this Regulation or is authorized by a health care
practitioner or injury management consultant under this Regulation,
that,
(
a) in the case of an invoice by a health care practitioner, injury
management consultant or provider of an adjunct therapy, is
also verified by the patient concerned, or
(
b) in the case of a claim by the patient, a receipt for the benefit
is provided, together with satisfactory evidence that the claim
is authorized by this Regulation or is authorized by a health
care practitioner under this Regulation.
Sending notices
27 Where this Part requires or permits a notice to be sent to a person,
it may be
(
a) delivered personally,
(
b) mailed,
(
c) faxed, or
(
d) transmitted by e-mail if both parties have agreed to this
method of sending and receiving notices.
Multiple claims
28 If a person has a claim under these protocols and a claim for other
benefits under provisions of
Section B of the Automobile Accident
Insurance Benefits Regulations (AR 352/72), the claimant must
comply with this Regulation and the provisions of
Section B,
according to the claim or claims made.
Part 5
Review and Repeal
Review
29 This Regulation must be reviewed
(
a) not less than every 2 years from the date this Regulation
comes into force, and
(
b) whenever
(
i) the Council of the College of Physicians and Surgeons
of Alberta,
(ii) the Council of the Alberta College and Association of
Chiropractors of Alberta, or
(iii) the Council of the College of Physical Therapists of
Alberta
provides written notice to the Superintendent that the
protocols should be reviewed.
Repeal
30(1) The Diagnostic and Treatment Protocols Regulation
(AR 122/2004) is repealed.
(2) Despite subsection (1), the Diagnostic and Treatment Protocols
Regulation (AR 122/2004) continues to apply in respect of accidents
that occur before the coming into force of this Regulation.
Coming into force
31 This Regulation comes into force on July 1, 2014.
--------------------------------
Alberta Regulation 117/2014
Insurance Act
AUTOMOBILE INSURANCE PREMIUMS REGULATION
Filed: June 18, 2014
For information only: Made by the Lieutenant Governor in Council (O.C. 240/2014)
on June 17, 2014 pursuant to
section 608 of the Insurance Act.
Table of Contents
Definitions
Approval of Rating Programs for Basic
and Additional Coverage
2 Required approvals
3 Initial filing by existing insurers
4 New insurers
5 Approval of changes to ratings programs
6 Further filings
7 Approval of rating programs
Maximum Premiums for Basic Coverage
for Private Passenger Vehicles
8 Maximum premium for basic coverage
for a private passenger vehicle
9 Annual review
Other Matters
10 Board policies and procedures
11 Information required
12 Use of prescribed forms
Amendments, Review and
Coming into Force
13 Enforcement and Administration Regulation
14 Repeal
15 Expiry
16 Coming into force
Schedules
Definitions
1 In this Regulation,
(a) "Act" means the Insurance Act;
(b) "additional coverage" has the same meaning as it has in
section 598(
a) of the Act;
(c) "adjust" and "adjustment" mean increase or decrease;
(d) "application for basic coverage" includes an application for
renewal of basic coverage;
(e) "base premium" means the premium determined under
Schedule 3 for basic coverage for 12 months, or if for a
period of less than 12 months, an amount prorated
accordingly;
(f) "basic coverage" means insurance provided for under
sections 571 and 573 of the Act;
(g) "Board" means the Automobile Insurance Rate Board
established under
section 599 of the Act;
(h) "consumer representative" means the person appointed to the
Board by the Minister under
section 599 of the Act;
(i) "grid" means the grid established by
Schedule 2;
(j) "grid step" means the location on the grid corresponding to a
step indicated on the grid;
(k) "insurer" means an insurer that provides basic coverage or
additional coverage, or both;
(l) "policyholder" means the person who holds a policy for basic
coverage or additional coverage, or both;
(m) "private passenger vehicle" means a motor vehicle not
weighing more than 4500 kg that is used for
(
i) pleasure,
(ii) driving to or from work or school, or
(iii) business purposes, including farming operations,
but does not include
(iv) a motorcycle, power bicycle or moped,
(
v) a vehicle used for commercial purposes, including, but
not limited to,
(
A) a vehicle used for transporting individuals for
compensation, delivery of goods, courier or
messenger service, parcel delivery, meal delivery
or driver training,
(
B) a vehicle rated under a fleet formula,
(
C) a short-term lease or rental vehicle,
(
D) a funeral vehicle, or
(
E) a vehicle held for sale or used for demonstration or
testing,
(vi) an emergency vehicle as defined in
section 1(1)(
m) of
the Traffic Safety Act,
(vii) a recreational vehicle,
(viii) an antique vehicle registered under the Traffic Safety
Act as an antique vehicle, or
(ix) an all terrain vehicle, a snow vehicle, a miniature motor
vehicle or any other similar off-highway vehicle;
(n) "rating program" means the rules, criteria, policies or
guidelines of any nature, including rating variables, used or
adopted by an insurer to determine the premiums for basic
coverage or additional coverage, as applicable, to be charged
to or collected from a policyholder;
(o) "rating variable" means a factor used to measure risk under a
rating program.
Approval of Rating Programs for Basic
and Additional Coverage
Required approvals
2(1) No insurer may charge or collect a premium for basic coverage
or additional coverage unless the insurer's rating program with respect
to that coverage has been approved in accordance with this Regulation.
(2) The Superintendent may prohibit the use of any rating variable in
an insurer's rating program.
Initial filing by existing insurers
3(1) An insurer who on coming into force of this
section is licensed in
Alberta to undertake the class of automobile insurance and who offers
basic coverage or additional coverage, or both, must, in accordance
with the Board's policies and procedures, file with the Board its rating
program.
(2) A rating program of an insurer referred to in subsection (1) in
effect on the coming into force of this
section is deemed to be
approved by the Board for the purpose of
section 2, but is subject to a
review under
section 7.
New insurers
4(1) An insurer that, under the Act,
(
a) becomes, on or after the coming into force of this Regulation,
licensed in Alberta to undertake the class of automobile
insurance and intends to offer basic coverage or additional
coverage, or both, or
(
b) is licensed in Alberta to undertake the class of automobile
insurance and is only offering basic coverage or additional
coverage but, on or after the coming into force of this
Regulation, intends to begin offering both basic coverage and
additional coverage
must, in accordance with the Board's policies and procedures, file with
the Board its rating program for basic coverage or additional coverage,
or both, as the case may be.
(2) A rating program filed in accordance with subsection (1) has no
effect until it is approved by the Board under
section 7.
Approval of changes to ratings programs
5(1) An insurer must, subject to the Board's policies and procedures,
file with the Board any proposed changes to its rating program.
(2) Proposed changes to a rating program required to be filed under
subsection (1) have no effect until they are approved by the Board
under
section 7.
Further filings
6 In addition to a requirement to file a rating program under
section
3, 4 or 5, an insurer must, in accordance with the Board's policies and
procedures, file with the Board the insurer's current rating program.
Approval of rating programs
7(1) Where an insurer files a rating program or changes to a rating
program under this Regulation, the Board may, with respect to the
filing, approve, reject or require changes to the rating program or to the
proposed changes.
(2) If the Board rejects or requires changes to a rating program, the
Board must promptly serve on the insurer a written notice of the
Board's decision, and give reasons for the decision.
Maximum Premiums for Basic Coverage
for Private Passenger Vehicles
Maximum premium for basic coverage for a
private passenger vehicle
8(1) With respect to basic coverage for a private passenger vehicle, no
insurer may charge or collect a premium of more than the lesser of
(
a) the premium determined in accordance with a rating program
approved under this Regulation, and
(
b) the grid premium computed under
Schedule 1.
(2) Notwithstanding that the amount referred to under subsection
(1)(
a) with respect to basic coverage for a private passenger vehicle is
lower than the grid premium computed under
Schedule 1, an insurer
may charge the grid premium if any one or more of the following
apply in respect of the relevant driver of the vehicle:
(
a) the relevant driver had 3 or more at-fault claims during the
preceding 6 years;
(
b) the relevant driver had a combination of 5 or more serious or
traffic safety convictions in the preceding 3 years;
(
c) the relevant driver had one or more criminal code convictions
in the preceding 3 years;
(
d) the relevant driver had 2 or more serious traffic safety
convictions in the preceding 3 years;
(
e) the relevant driver was convicted of one or more offences for
fraud relating to automobile insurance in the previous 10
years.
(3) Terms defined in Schedules 1 and 4 apply to subsection (2).
Annual review
9(1) The Board must, in accordance with its policies and procedures,
conduct an annual review of automobile insurance trends and
premiums relating to basic coverage and additional coverage for
private passenger vehicles.
(2) The review must consider, on an industry-wide basis,
(
a) loss costs, as that term is understood by the Board;
(
b) administrative expenses, including commissions, taxes and
general expenses;
(
c) profitability;
(
d) other matters recommended by the Superintendent and
approved by the Board;
(
e) any other matters that the Board considers appropriate.
(3) The Board must publish a preliminary report of its findings of the
review.
(4) Following publication of its preliminary report, the Board must
invite comment from insurers, the consumer representative and the
public and must give at least 30 days for any comments to be provided.
(5) The Board must publish a final report of its findings by September
30 of each year.
(6) The final report must include
(
a) the Board's findings on the matters referred to in subsection
(2),
(
b) a report of the consumer representative,
(
c) the Board's responses to comments received from the
automobile insurance industry, the consumer representative
and the public,
(
d) the target for profitability for the following year, and
(
e) the target for administrative expenses for the following year.
(7) In addition to, or as part of, an annual review referred to in
subsection (1), the Board must also conduct an open meeting each
year, in accordance with the Board's policies and procedures, to
receive comments from the automobile insurance industry, the
consumer representative and the public.
Other Matters
Board policies and procedures
10(1) The Board must, subject to the approval of the Minister,
establish policies and procedures for the purpose of carrying out its
functions under the Act and this Regulation.
(2) The Board may, from time to time, amend its policies and
procedures established under subsection (1) or establish new policies
and procedures for the purpose of carrying out its functions under the
Act and this Regulation.
(3) The Board shall, within 30 days of making an amendment or
establishing new policies and procedures under subsection (2), provide
notice to the Minister of the amendment or new policies and
procedures.
(4) Amendments made or new policies and procedures established
under subsection (2) may be reviewed by the Minister and the Minister
may require the Board to change its policies and procedures.
Information required
11(1) An insurer must, at the request of the Board, provide any
information to the Board that the Board considers necessary, if the
information can reasonably be obtained by the insurer, taking into
account the cost and practicability of doing so.
(2) For the purposes of carrying out any of its functions under the Act
and this Regulation, the Board may
(
a) specify the manner and form in which anything required to
be filed or provided under this Regulation must be provided
to the Board, and
(
b) require anything filed with or provided to the Board to be
verified as true and correct by a statutory declaration made
by an officer of the insurer satisfactory to the Board.
Use of prescribed forms
12 An insurer must use any form prescribed by the Minister under
section 803 of the Act.
Amendments, Review and
Coming into Force
Enforcement and Administration Regulation
13 The Enforcement and Administration Regulation (AR 129/2001)
is amended in the
Schedule by repealing item 6 and substituting the
following:
6 Automobile Insurance Premiums Regulation - sections 2, 3, 4, 5,
6, 8, 11(1) and 12.
Repeal
14 The Automobile Insurance Premiums Regulation (AR 124/2004)
is repealed.
Expiry
15 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 August 31, 2020.
Coming into force
16 This Regulation comes into force on the coming into force of
section 14 of the Enhancing Consumer Protection in Auto Insurance
Act.
Schedule 1
Calculation of Grid Premiums
Definitions
1(1) In this Schedule,
(a) "at-fault claim" means, in respect of liability described in
section 571 of the Act or under the same or equivalent
coverage in any other jurisdiction, inside or outside Canada,
(
i) a claim paid in respect of that liability for which the
driver is wholly or partially at fault, and
(ii) a claim made in respect of which the insurer has
reasonably determined that a payment will or is likely to
be made as a result of the fault, whole or partial, of the
driver;
(b) "driver training certificate" means a certificate evidencing
successful completion of an approved driver training course
issued by a driver training school licensed under the Traffic
Safety Act or any other school outside Alberta satisfactory to
the insurer;
(c) "driving experience" means the combined time within the
previous 15 years before the date on which the application
for basic coverage is made during which a person has had
(
i) a valid operator's licence in Canada, and
(ii) a valid operator's licence in a country outside Canada, if
the person provides evidence satisfactory to the insurer,
but does not include
(iii) the time during which the person held a learner's
operator's permit, and
(iv) a period of time during which the person's operator's
licence was suspended, cancelled or revoked;
(d) "highest rated driver" means the person who has the highest
percentage determined under
section 6(1)(b);
(e) "inexperienced driver" means a driver who has less than 8
years' driving experience;
(f) "occasional driver" means an inexperienced driver referred to
section 4(4)(b);
(g) "relevant date" means
(
i) with respect to a driver referred to in
section 5(2)(a), the
most recent date on or before September 30, 2004 on
which the basic coverage came into effect;
(ii) with respect to a driver referred to in
section 5(2)(b), the
date the basic coverage comes into effect;
(h) "relevant driver" means the person determined to be the
relevant driver under
section 4.
(2) For the purpose of determining driving experience, if a driver
obtains a driver training certificate before or within 2 years after
obtaining an operator's licence, the driver is considered to have 2
years' driving experience, but is not considered to have 3 years'
driving experience until the person has actually had 3 years' driving
experience.
(3) For the purpose of
section 4(4), an inexperienced driver is a
principal driver of a private passenger vehicle if the inexperienced
driver will be driving the vehicle more than any other driver.
Guidelines
2 The Superintendent may issue guidelines respecting location and
movements on the grid.
Steps to determine grid premium
3 To determine a grid premium in respect of a private passenger
vehicle,
(
a) the relevant driver and any occasional driver of the private
passenger vehicle must be determined in accordance with
section 4,
(
b) the relevant driver and any occasional driver of the private
passenger vehicle must each be located at a grid step in
accordance with
section 5, and
(
c) the grid steps at which the relevant driver and any occasional
driver are located must be converted to a dollar amount in
accordance with
section 6.
Relevant and occasional drivers
4(1) The relevant driver and any occasional driver of a private
passenger vehicle must be determined in accordance with this section.
(2) If the policyholder has the same number of private passenger
vehicles as there are drivers of those vehicles, each driver must be
matched to a vehicle, and the drivers are the relevant drivers in respect
of the vehicles to which they are matched.
(3) If the policyholder has more private passenger vehicles than there
are drivers of those vehicles,
(
a) each driver must be matched to a vehicle, and
(
b) for those vehicles not matched with a driver, the drivers
already matched must be matched with the one or more
unmatched vehicles, starting with the driver who has the
lowest percentage determined under
section 6(1)(b),
and the drivers are the relevant drivers in respect of the vehicles to
which they are matched.
(4) If the policyholder has fewer private passenger vehicles than there
are drivers of those vehicles,
(
a) the highest rated drivers must be matched with the vehicles
first, but an inexperienced driver may not be matched unless
the inexperienced driver is the principal driver of one of the
vehicles, and the drivers are the relevant drivers in respect of
the vehicles to which they are matched, and
(
b) the remaining drivers must not be matched with respect to
any of the vehicles unless the drivers are inexperienced
drivers, in which case those inexperienced drivers are
considered to be occasional drivers.
(5) If the number of occasional drivers is equal to or less than the
number of passenger vehicles, each occasional driver must be matched
to a vehicle.
(6) If there are more occasional drivers than there are vehicles, each
occasional driver must be matched to a vehicle starting with the
occasional driver who is the highest rated driver, but in no case may
more than one occasional driver be matched in respect of the same
vehicle.
Locating the correct grid step
5(1) A grid step must be established for each driver of a private
passenger vehicle.
(2) A grid step is first established for a driver
(
a) with respect to a driver under basic coverage for a private
passenger vehicle in effect on September 30, 2004, as of the
relevant date of that coverage, and
(
b) if clause (
a) does not apply in respect of a driver, the first
time a policy for basic coverage for a private passenger
vehicle comes into effect on or after October 1, 2004 under
which the driver is included.
(3) The grid step is first established for a driver by moving down one
grid step from grid step zero for each year of driving experience then,
if applicable, moving up 5 grid steps for each at-fault claim during the
6 years preceding the relevant date.
(4) An insurer must, with respect to each subsequent application for
basic coverage, make any necessary adjustments to the driver's
location on the grid under subsections (5) and (6), starting from the
previous grid location for that person, whether or not location on the
grid was previously established by the same insurer.
(5) If, during the term of the policy being renewed or replaced,
(
a) the driver had an at-fault claim, the driver must be moved up
5 grid steps for each at-fault claim during the term of the
policy, or
(
b) the driver did not have an at-fault claim and is not already
located at grid step -15, the driver must be moved down one
grid step for each full year of driving experience with no
at-fault claim since the driver's location on the grid was last
changed or, if it has never changed, since the driver's
location on the grid was first established.
(6) Despite subsection (5), if no at-fault claim have been made for the
6 consecutive years of driving experience immediately preceding the
coming into effect or renewal of a policy for basic coverage, and the
driver is located higher than grid step zero, the driver must be located
on grid step zero.
(7) Every insurer must on the request of another insurer provide to that
insurer any information necessary to determine a driver's location on
the grid, including information about his or her current location on the
grid.
Computation of grid premium
6(1) After each driver is located on a grid step in accordance with
section 5, a premium must be determined for each driver as follows:
(
a) determine the base premium for the driver in accordance with
Schedule 3;
(
b) determine the percentage by which to multiply the base
premium in accordance with the following formula:
P = A + (A x
B) where
P means the percentage by which to multiply the base
premium of the driver;
A means the percentage of the base premium for the grid
step of the driver determined in accordance with
Schedule 2;
B means the percentage surcharge, if any, calculated in
accordance with
Schedule 4;
(
c) multiply the base premium determined in clause (
a) by the
percentage determined in clause (b).
(2) The grid premium for basic coverage for a private passenger
vehicle is the premium for the relevant driver determined in subsection
(1) plus 25% of the premium determined in subsection (1) for the
occasional driver, if any, of that vehicle.
Schedule 2
Grid
Grid established
1 The following grid is established for the purposes of this
Regulation:
Grid steps
% for element A of
Schedule 1,
section 6(1)
+16...............................
an increase of 23 percentage points for
this and each subsequent step up the grid,
computed cumulatively (see
section 2 of
this Schedule)
+15...............................
338%
+14...............................
315%
+13...............................
293%
+12...............................
270%
+11...............................
248%
+10...............................
225%
+9.................................
210%
+8.................................
195%
+7.................................
180%
+6.................................
165%
+5.................................
150%
+4.................................
140%
+3.................................
130%
+2.................................
120%
+1.................................
110%
Grid step zero
100%
-1..................................
95%
-2..................................
90%
-3..................................
85%
-4..................................
80%
-5..................................
75%
-6..................................
70%
-7..................................
65%
-8..................................
60%
-9..................................
55%
-10................................
50%
-11..................................
50%
-12..................................
50%
-13..................................
50%
-14..................................
50%
-15................................
50%
Determining percentage
2 Element A of
Schedule 1,
section 6(1), is determined by identifying
the percentage opposite the grid step on which the relevant driver or
occasional driver is located, except that
(
a) at grid step +16, the percentage is 23 percentage points more
than the percentage opposite grid step +15, and
(
b) at each step higher than +16, the percentage is to be increased
by 23 percentage points more than the percentage for the
preceding grid step.
Schedule 3
Base Premium Calculation
Definitions
1 In this Schedule,
(a) "Calgary territory" means the City of Calgary;
(b) "Edmonton territory" means Townships 52, 53 and 54,
Ranges 23, 24 and 25, all west of the 4th Meridian, which
includes the City of Edmonton, the City of St. Albert, Clover
Bar, Sherwood Park, Lancaster Park, Namao and
Winterburn;
(c) "rest of Alberta territory" means all areas of Alberta that are
not included in the Edmonton territory or the Calgary
territory.
Determining base premium
2 The base premium for a relevant driver and occasional driver is an
amount calculated in accordance with a table to be published by the
Board no later than October 31 each year for the following calendar
year by determining
(
a) the territory in which the policyholder resides, and
(
b) the choice of the policyholder's coverage under
section 571
of the Act, namely: $200 000, $500 000, $1 million or
$2 million or such other coverage amounts offered by the
insurer that are included in the table.
Base premium adjustment
3(1) On or before October 1 in each year, the Board may adjust the
base premium based on the annual review conducted under
section 9 of
the Regulation.
(2) In making an adjustment, the Board must ensure that the base
premium for the rest of Alberta territory is 20% less than for the
Edmonton or Calgary territory.
(3) An adjustment made under subsection (1) is effective the
following January 1.
(4) Information about the adjustments made under subsection (1) must
be made publicly available in a manner satisfactory to the
Superintendent.
Schedule 4
Surcharges for At-fault Accidents
and Driving Convictions
Surcharges for driving convictions
1(1) The total of the percentages determined under subsections
(2) and (3) is the percentage to be included in element B of the formula
described in
Schedule 1,
section 6(1).
(2) A percentage is to be determined for a driver in accordance with
Table 1 for each of the following:
(
a) for serious traffic safety convictions on a driver's abstract
within the 3 years before the effective date of basic coverage
or renewal of basic coverage;
(
b) for traffic safety convictions on a driver's abstract within the
3 years before the effective date of basic coverage or renewal
of basic coverage;
(
c) for criminal code convictions on a driver's abstract within the
4 years before the effective date of basic coverage or renewal
of basic coverage.
(3) A percentage is to be determined for a driver in accordance with
Table 2 for a driver who in the 3 years before the application for basic
coverage has had 2 or more at-fault claim.
Table 1
Number of
convictions
Surcharge for
Traffic
safety
convictions
Serious
traffic safety
convictions
Criminal Code
convictions
25%
300%
25%
50%
450%
35%
100%
For each additional
conviction, add
150 percentage
points to the
immediately
preceding
percentage
50%
200%
75%
400%
100%
800%
7 or
more
For each
additional
conviction,
double the
immediately
preceding
percentage
For each
additional
conviction,
double the
immediately
preceding
percentage
Table 2
Surcharge for at-fault claim in a 3-year period
Number of at-fault claim
Percentage to be added
30%
For each additional at-fault claim, add 15 percentage points to the
immediately preceding percentage
Definitions
2 In this Schedule,
(a) "at-fault claim" means at-fault claim as defined in
Schedule
(b) "criminal code conviction" means a conviction for an offence
under
section 130 of the National Defence Act (Canada) or
for any of the following offences under the Criminal Code
(Canada):
Description of offence
(for convenience of reference only)
Criminal Code
Section Number
Criminal negligence causing death committed
by means of a motor vehicle
Criminal negligence causing bodily harm
committed by means of a motor vehicle
Manslaughter committed by means of a motor
vehicle
Dangerous operation of a motor vehicle
249(1)
Dangerous operation of a motor vehicle causing
bodily harm
249(3)
Dangerous operation of a motor vehicle causing
death
249(4)
Failing to stop a motor vehicle while being
pursued by peace officer
249.1(1)
Failing to stop a motor vehicle causing bodily
harm or death while being pursued by peace
officer
249.1(3)
Failing to stop at scene of accident
252(1)
Failing to stop at scene of accident knowing
bodily harm has been caused
252(1.2)
Failing to stop at scene of accident knowing
death has been caused or reckless re bodily
harm causing death
252(1.3)
Impaired driving or over .08
Failing or refusing to provide a blood or breath
sample on demand
Impaired driving causing bodily harm
255(2)
Impaired driving causing death
255(3)
Operating a motor vehicle while disqualified
259(4)
(c) "driver abstract" means the abstract of the driving record
referred to in
section 5(1) of the Access to Motor Vehicle
Information Regulation (AR 140/2003) or a similar
document of another province or territory in Canada;
(d) "serious traffic safety conviction" means a conviction for any
of the following offences under the Traffic Safety Act, or a
conviction for an offence that is substantially similar under
an enactment of Canada, other than the Criminal Code
(Canada), or of another province or territory:
Description of offence
(for convenience of
reference only)
Enactment and
section number
Traffic
Safety
Act
Use of
Highway
and Rules
of the Road
Regulation
Failing to remain at scene of accident
69(1)
Driver failing to make accident report
71(1)
Improper passing in school zone or
playground zone
Drive a motor vehicle during a
prohibited period of time
51(
g) Novice driver - presence of alcohol
suspension
90(4)(
c) and
(
d) Speeding in school zone or playground
zone
107(2) and
108(1)(
h) Speeding (general) - exceeding limit
by more than 50 kph
115(2)(
p) Speeding (construction
zone) - exceeding limit by more than
50 kph
115(2)(p.1)
and (p.2)
Speeding (passing emergency
vehicle) - exceeding limit by more
than 50 kph
115(2)(
t) Speeding (flashing yellow light
crossing) - exceeding limit by more
than 50 kph
53(5)(
c) Careless driving
115(2)(
b) Racing
115(2)(
c) Driving on a bet or wager
115(2)(
d) Failing to stop for a school bus
72(1)
Driving while unauthorized
94(2)
Failing to stop school bus, vehicle
carrying explosives, etc. at
uncontrolled railway crossing
42(5)
Failing to stop for a peace officer
166(2)
(e) "traffic safety conviction" means a conviction for any of the
following offences under the Traffic Safety Act, or a
conviction for an offence that is substantially similar under
an enactment of Canada, other than the Criminal Code
(Canada), or of another province or territory:
Description of offence
(for convenience of
reference only)
Enactment and
section number
Traffic
Safety
Act
Use of
Highway
and Rules
of the Road
Regulation
Speeding - unreasonable rate of speed
2(1)(
a) Speeding (general) - exceeding limit by
up to 15 kph
115(2)(
p) Speeding (construction zone) - exceeding
limit by up to 15 kph
115(2)(p.1)
and (p.2)
Speeding (passing emergency
vehicle) - exceeding limit by up to 15 kph
115(2)(
t) Speeding (flashing yellow light
crossing) - exceeding limit by up to
15 kph
53(5)(
c) Speeding (general) - exceeding limit by
over 15 but not more than 30 kph
115(2)(
p) Speeding (construction zone) - exceeding
limit by over 15 but not more than 30 kph
115(2)(p.1)
and (p.2)
Speeding (passing emergency
vehicle) - exceeding limit by over 15 but
not more than 30 kph
115(2)(
t) Speeding (flashing yellow light
crossing) - exceeding limit by over 15 but
not more than 30 kph
53(5)(
c) Speeding (general) - exceeding limit by
over 30 but not more than 50 kph
115(2)(
p) Speeding (construction zone) - exceeding
limit by over 30 but not more than 50 kph
115(2)(p.1)
and (p.2)
Speeding (passing emergency
vehicle) - exceeding limit by over 30 but
not more than 50 kph
115(2)(
t) Speeding (flashing yellow light
crossing) - exceeding limit by over 30 but
not more than 50 kph
53(5)(
c) Following too close
Failing to notify owner
(
a) of an unattended vehicle
damaged in accident
(
b) of property damaged in
accident
69(2)(a)
69(2)(
b) Failing to stop, etc. when meeting
oncoming vehicle on narrow roadway
Passing on hill or curve or near railway
crossing
19(1)
Passing on left when view obstructed or
traffic present on left side of highway
Failing to pass on left in safe manner or
failing to return to right side of roadway
in safe manner
21(1)
Overtaking another vehicle by driving off
the roadway, in a parking lane or when
unsafe
Passing another vehicle stopped at
crosswalk
41(2)
Driving left of centre line
12(1)
Driving wrong way on one-way highway
Impeding passing vehicle
21(2)
Impeding passing vehicle - multi-lane
highway
22(2)(
b) Failing to yield right of way to a vehicle
(
a) at an intersection, or turning
left unsafely
(
b) at yield sign
(
c) in traffic circle
(
d) at merge sign
(
e) at green light or green arrow
(
f) at flashing yellow light
50, 51
52(1),
(3)-(5)
53(3)
Failing to yield right of way to a
pedestrian
(
a) at an alley entrance or driveway
(
b) in a crosswalk
(
c) at a green light or green arrow
(
d) at flashing yellow light at
intersection
(
e) at flashing yellow light
not at intersection
(
f) at flashing yellow light with zone
sign or symbol
36(3)
41(1)
52(1)-(5)
53(3)
53(4)
53(5)(
d) Failing to stop
(
a) before entering highway
(
b) at a stop sign
(
c) for an emergency vehicle
sounding siren
(
d) at railway crossing when a train
is approaching
(
e) within prescribed distance from
railway when stop sign
(
f) at yellow light at intersection
(
g) at yellow light not at intersection
(
h) at red light at intersection
(
i) at red light not at intersection
(
j) at flashing red light at intersection
(
k) at flashing red light not at
intersection
36(2)
65(1)
42(2)
42(4)(a)
53(1)
53(2)
54(1)(a)
54(4)
54(5)(a)
54(6)(
a) Unauthorized following within 150
metres of emergency vehicle sounding
siren or with flashing lights or both
65(2)
Driving around barrier at railway
crossing
42(3)
Proceeding when unsafe
(
a) after stopping at intersection
(
b) after stopping for stop sign at
railway crossing
(
c) after stopping for school bus
(
d) after stopping for red light at
intersection
(
e) after stopping for flashing red
light at intersection
(
f) after stopping for flashing red
light not at intersection
42(4)(b)
72(2)
54(1)(b)
54(5)(b)
54(6)(
b) Stunting
115(2)(
f) Traffic lane violation
(
a) slow moving vehicle in incorrect
lane
(
b) driving at less than maximum
speed in designated fast lane
outside an urban area
(
c) improperly crossing solid or
broken lines or driving
improperly on left side of
broken lines on 2-way highway
(
d) making unsafe lane change
(
e) failing to drive in centre of
marked lane
(
f) occupying 2 lanes
(
g) improperly driving in centre
lane of 3-lane highway
(
h) driving in lane marked with "X"
2(1)(b)
15(1)
15(4)
15(5)
15(6)
16(1)
27(4)
Failing to obey instruction of traffic
control device
Slow driving impeding or blocking traffic
2(1)(
c) Driving at less than minimum speed
115(2)(
q) Failing to obey direction of peace officer
to increase speed, etc.
2(4)
Failing to signal
(
a) when changing lanes
(
b) when turning left or right
(
c) when stopping
15(2)
Failing to make proper signal when
starting, turning or changing the course
or direction of a vehicle or stopping a
vehicle on a highway
9(
b) Improper turns
(
a) when turning right
(
b) when turning left
(
c) failing to obey traffic control
device
(
d) making U-turn unsafely or
where prohibited
(
e) making U-turn with a school
bus where prohibited
27(1), (2)
29, 30
Backing up vehicle unsafely or where
prohibited
32, 33
Fail to ascertain sufficient space for
movement
9(a)
--------------------------------
Alberta Regulation 118/2014
Mines and Minerals Act
NATURAL GAS ROYALTY, 2009 AMENDMENT REGULATION
Filed: June 18, 2014
For information only: Made by the Lieutenant Governor in Council (O.C. 242/2014)
on June 17, 2014 pursuant to sections 5 and 36 of the Mines and Minerals Act.
1 The Natural Gas Royalty Regulation, 2009 (AR 221/2008)
is amended by this Regulation.
Section 6 is amended
(
a) by adding the following after subsection (1):
(1.1) Unless the Minister directs otherwise, subsection
(1) does not apply to the furnishing of reports required to be
furnished under
section 25.1(3).
(
b) in subsection (6)(
a) and (
b) by adding "an invoice,"
before "a royalty invoice".
Section 7 is amended
(
a) in subsection (4) by repealing clause (a);
(
b) in subsection (5) by repealing clause (a);
(
c) in subsection (6) by repealing clause (a);
(
d) in subsection (7)
(
i) by adding "to and including June 2014" after "each
subsequent production month";
(ii) by adding the following after clause (b):
(
c) an amount per cubic metre as the Propane
Reference Price,
(
d) an amount per cubic metre as the Butanes
Reference Price, and
(
e) an amount per cubic metre as the Pentanes Plus
Reference Price.
(
e) by adding the following after subsection (7):
(7.1) The Minister shall, by order, for July, 2014 and for each
subsequent production month, prescribe
(
a) a Propane Spec Reference Price, expressed as an
amount per cubic metre, for propane obtained by
fractionation as a separate product from a natural gas
liquids mix,
(
b) a Butanes Spec Reference Price, expressed as an
amount per cubic metre, for butanes obtained by
fractionation as a separate product from a natural gas
liquids mix,
(
c) a Pentanes Plus Spec Reference Price, expressed as an
amount per cubic metre, for pentanes plus obtained by
fractionation as a separate product from a natural gas
liquids mix,
(
d) a Propane Mix Reference Price, expressed as an amount
per cubic metre, for propane contained in a natural gas
liquids mix,
(
e) a Butanes Mix Reference Price, expressed as an amount
per cubic metre, for butanes contained in a natural gas
liquids mix, and
(
f) a Pentanes Plus Mix Reference Price, expressed as an
amount per cubic metre, for pentanes plus contained in
a natural gas liquids mix.
(7.2) Subject to subsection (7.3), an amendment to an order
(
a) under subsection (6)(
b) to prescribe a different Pentanes
Plus Par Price for a production month to which the
order applies, or
(
b) under subsection (7.1) to prescribe a different Propane
Spec Reference Price, Butanes Spec Reference Price,
Pentanes Plus Spec Reference Price, Propane Mix
Reference Price, Butanes Mix Reference Price or
Pentanes Plus Mix Reference Price for a production
month to which the order applies
may not be made under subsection (6)(
b) or subsection (7.1) after
August 31 of the 3rd year following the end of the calendar year
in which the production month occurred.
(7.3) Without limiting the operation of
section 8(1)(
g) of the
Act, the Minister may extend the period provided for in
subsection (7.2) for one year if the Minister is of the opinion that
it is appropriate to extend the period and on extending the period
shall give written notice of the extension as soon as reasonably
practicable.
Section 15(5)(
b) is repealed and the following is
substituted:
(
b) the royalty compensation in respect of the royalty share so
transferred is
(
i) in the case of a production month before July 2014, an
amount calculated by multiplying the quantity of the
Crown's royalty share by the Pentanes Plus Reference
Price for the production month in which the field
condensate was obtained less the Transportation
Allowance prescribed for the production month
pursuant to
section 7(7)(a)(iii), and
(ii) in the case of a production month after June 2014, an
amount calculated by multiplying the quantity of the
Crown's royalty share by the Pentanes Plus Spec
Reference Price for the production month in which the
field condensate was obtained.
Section 24(3)(
b) is amended by repealing subclauses (iii)
to (
v) and substituting the following:
(iii) the Propane Reference Price or the Propane Spec
Reference Price for the production month, as the case
may be, where the quantities consist of propane,
(iv) the Butanes Reference Price or the Butanes Spec
Reference Price for the production month, as the case
may be, where the quantities consist of butanes,
(
v) the Pentanes Plus Reference Price or the Pentanes Plus
Spec Reference Price for the production month, as the
case may be, where the quantities consist of
(
A) pentanes plus, or
(
B) a mixture comprising any 2 or more of pentanes
plus, propane or butanes, where the relative
proportions of each such gas product in the
mixture has not been reported to the Minister for
the purposes of this Regulation in accordance with
the Minister's directions,
Section 25(2) is amended by adding "to and including June
2014" after "each production month".
7 The following is added after
section 25:
Natural gas liquids reports
25.1(1) In this section, "natural gas liquids" includes ethane,
propane, butanes, pentanes plus and field condensate.
(2) A person who purchases natural gas liquids specified by the
Minister under purchase arrangements specified by the Minister and
takes delivery of the natural gas liquids in July, 2014 or a subsequent
month at locations in Alberta specified by the Minister shall, on or
before the 1st day of the 2nd month following the month in which
the person takes delivery of the natural gas liquids, furnish to the
Minister, in the form required by the Minister, a report that includes
all of the following information:
(
a) the volumes of natural gas liquids purchased and delivered;
(
b) the locations at which the natural gas liquids were delivered;
(
c) the costs of purchasing the natural gas liquids;
(
d) any other information required by the Minister.
(3) The Minister may direct a person who transports, stores,
reprocesses, sells, purchases or disposes of natural gas liquids to
furnish to the Minister in the form required by the Minister one or
more reports, on a monthly or other basis, containing information
relating to the transportation, storage, reprocessing, sale, purchase or
disposition of natural gas liquids, as specified in the direction.
(4) The Minister may specify in a direction given under subsection
(3) the deadline for furnishing a report.
(5) Instead of furnishing a report under subsection (3), a person
may, with the approval of the Minister, permit an employee or agent
of the Department designated by the Minister to examine the
person's records and to take away the records for further
examination and copying for the purpose of obtaining the
information the person was directed to provide in a report furnished
under subsection (3).
(6) A person who is required to furnish a report under this
section
shall keep the records required to be kept under
section 26
(
a) at the person's place of business in Alberta, or
(
b) at a location from which, at the direction of the Minister, the
records can be produced forthwith at a location specified by
the Minister.
(7) The Minister may in a written direction
(
a) exempt any person or class of persons from the application of
this
section or any provision of this section, subject to any
conditions set out in the direction, or
(
b) extend the deadline for the furnishing of any report under this
section in respect of any month, subject to any conditions set
out in the direction.
(8) The Minister may require a person, or a representative of a
person, who is required to furnish a report under subsection (2) or
(3) to provide a written declaration attesting to the completeness,
accuracy and integrity of the information contained in the report.
(9) If a person who has furnished a report to the Minister under this
section becomes aware that information in the report is inaccurate or
incomplete, the person shall forthwith furnish to the Minister an
amended report that contains information that is both accurate and
complete.
(10) For the purposes of subsection (9), the information in a report
furnished under this
section is inaccurate or incomplete if the
information in the report does not correspond with the information in
the records with respect to the report required to be kept by the
person under
section
Section 27 is amended by adding the following after
subsection (7):
(7.1) A person who is required to furnish a report for a month to the
Minister under
section 25.1(2)
(
a) who fails to furnish the report by the prescribed deadline, or
(
b) who furnishes a report for the month that does not include the
required information for all of the specified locations at
which the person purchased natural gas liquids in the month,
is liable to pay a penalty of $200 for each location in respect of
which the required information was not provided to a maximum of
$3000 for each month or part of a month during which the failure to
furnish the report or to include the required information for a
location continues.
(7.2) A person who is required to furnish a report to the Minister
under
section 25.1(3) who fails to furnish the report by the deadline
specified in the direction is liable to pay a penalty of $3000 for each
month or part of a month during which the failure continues.
(7.3) Subject to subsection (7.5), the Minister may impose a penalty
on a person who is required to furnish a report under
section 25.1(2)
or (3) who furnishes a report that contains inaccurate or incomplete
information.
(7.4) For the purposes of subsection (7.3), the information in a
report furnished under
section 25.1(2) or (3) is deemed to be
inaccurate or incomplete if the information in the report does not
correspond with the information in the records with respect to the
report required to be kept by the person under
section 26.
(7.5) The maximum penalty that may be imposed on a person under
subsection (7.3) with respect to a particular report is $25 000.
(7.6) In determining whether to impose a penalty on a person under
subsection (7.3) and in deciding on the amount of the penalty to be
imposed, the Minister shall consider the following:
(
a) any representations by the person with respect to the person's
liability for the penalty or the amount of the penalty;
(
b) whether the person made reasonable efforts to provide
accurate and complete information;
(
c) the extent and significance of any information omitted from
the report and the extent and significance of the inaccuracy of
any information in the report;
(
d) the affect, if any, the omission of the information from the
report or the inclusion of inaccurate information in the report
had on the Minister's determination of a reference price
prescribed under
section 7(7.1);
(
e) the number of times the Minister informed the person that a
report contained inaccurate or incomplete information but did
not impose a penalty on the person under subsection (7.3);
(
f) the number of penalties and the amounts of the penalties
previously imposed on the person under subsection (7.3);
(
g) any other matter the Minister considers appropriate.
Section 31(1)(
b) is amended by striking out "section 7(1) to
(6), (7) or (9)" and substituting "section 7(1) to 7(7.1) or (9)".
Schedule 3 is amended by repealing
section 2(1) and
substituting the following:
Propane royalty compensation
2(1) The amount of royalty compensation on propane for a
production month is an amount calculated by multiplying the
quantity of the royalty share in cubic metres by
(
a) the Net Propane Reference Price for that production month,
in the case of a production month before July 2014, or
(
b) the Propane Spec Reference Price or the Propane Mix
Reference Price for that production month, as the case may
be, in the case of a production month after June 2014.
Schedule 4 is amended by repealing
section 2(1) and
substituting the following:
Butanes royalty compensation
2(1) The amount of royalty compensation on butanes for a
production month is an amount calculated by multiplying the
quantity of the royalty share in cubic metres by
(
a) the Net Butanes Reference Price for that production month,
in the case of a production month before July 2014, or
(
b) the Butanes Spec Reference Price or the Butanes Mix
Reference Price for that production month, as the case may
be, in the case of a production month after June 2014.
Schedule 5 is amended by repealing
section 2(1) and
substituting the following:
Pentanes plus royalty compensation
2(1) The amount of royalty compensation on pentanes plus for a
production month is an amount calculated by multiplying the
quantity of the royalty share in cubic metres by
(
a) the Net Pentanes Plus Reference Price for that production
month, in the case of a production month before July 2014,
(
b) the Pentanes Plus Spec Reference Price or the Pentanes Plus
Mix Reference Price for that production month, as the case
may be, in the case of a production month after June 2014.
--------------------------------
Alberta Regulation 119/2014
Municipal Government Act
SUBDIVISION AND DEVELOPMENT AMENDMENT REGULATION
Filed: June 18, 2014
For information only: Made by the Lieutenant Governor in Council (O.C. 250/2014)
on June 17, 2014 pursuant to
section 694 of the Municipal Government Act.
1 The Subdivision and Development Regulation
(AR 43/2002) is amended by this Regulation.
Section 1(1) is amended
(
a) in clause (
c) by striking out "Food Regulation
(AR 240/85)" and substituting "Food Regulation
(AR 31/2006)";
(
b) in clause (h)(i)(
A) by striking out "Oil and Gas
Conservation Regulations" and substituting "Oil and Gas
Conservation Rules".
Section 4(4) is amended in clauses (
e) and (f)(ii) by
striking out "AER Directive 079, Surface Development in Proximity
to Abandoned Wellbores" and substituting "AER Directive 079,
Surface Development in Proximity to Abandoned Wells".
Section 11.2(1) is amended by striking out "AER Directive
079, Surface Development in Proximity to Abandoned Wellbores" and
substituting "AER Directive 079, Surface Development in Proximity
to Abandoned Wells".
Section 11.3(2) is amended by striking out "AER Directive
079, Surface Development in Proximity to Abandoned Wellbores" and
substituting "AER Directive 079, Surface Development in Proximity
to Abandoned Wells".
Section 25 is amended by striking out "June 30, 2014" and
substituting "June 30, 2019".
--------------------------------
Alberta Regulation 120/2014
Health Professions Act
DISCLOSURE OF INFORMATION (EXTENSION OF EXPIRY DATE)
AMENDMENT REGULATION
Filed: June 18, 2014
For information only: Made by the Lieutenant Governor in Council (O.C. 235/2014)
on June 17, 2014 pursuant to
section 134 of the Health Professions Act.
1 The Disclosure of Information Regulation (AR 196/2004)
is amended by this Regulation.
Section 8 is amended by striking out "June 30, 2014" and
substituting "June 30, 2019".
Alberta Regulation 121/2014
Income and Employment Supports Act
SUPPORT AGREEMENT AMENDMENT REGULATION
Filed: June 18, 2014
For information only: Made by the Minister of Human Services (M.O. 2014-11) on
June 17, 2014 pursuant to
section 33 of the Income and Employment Supports Act.
1 The Support Agreement Regulation (AR 155/2005) is
amended by this Regulation.
Section 1 is struck out and the following is substituted:
Interpretation
1 For the purposes of this regulation,
(a) "Child Support Guidelines" means the Alberta Child Support
Guidelines (AR 147/2005);
(b) "Guideline Income" means the annual income of a payor or
of a recipient as calculated in accordance with the Child
Support Guidelines.
Child Support Agreement
1.1 The prescribed form of support agreement for the purposes of a
child support agreement under
Part 5 of the Income and Employment
Supports Act is set out in the Schedule.
Section 2 is amended by striking out "May 1, 2015" and
substituting "March 31, 2018".
4 The
Schedule is repealed and the following is
substituted:
Schedule
Support Agreement
This Support Agreement is made on (yyyy/mm/dd) at ,
Alberta under
Part 5 of the Income and Employment Supports Act
BETWEEN:
, the Recipient
-and-
, the Payor.
A The Recipient and Payor agree that:
? They were married to each other and are divorced. There
is no existing court order that includes child support.
? They are married to each other, but have lived separate and
apart since (yyyy/mm/dd) . There is no existing court
order for child support.
? They have never been married and there is no existing
court order for child support.
? The Recipient is not a parent of the child(ren) but has care
and control of the child(ren) who is/are subject to this
Support Agreement and there is no existing court order for
child support.
B ? (Payor full name) acknowledges that s(he) is the parent of:
Full name(
s) of Child(ren) born Birth Date (yyyy/mm/dd)
1. / /
2. / /
3. / /
4. / /
AND/OR
? (Payor full name) acknowledges that s(he) is standing in
the place of a parent to:
Full name(
s) of Child(ren) born Birth Date (yyyy/mm/dd)
1. / /
2. / /
3. / /
4. / /
AND/OR
? The birth of a child(ren) is expected on (yyyy/mm/dd) ,
and the Payor acknowledges that s/he is the parent.
AND/OR
? The Recipient and the Payor have a shared parenting
arrangement where each parent has the care and control of
the child(ren) for more than 40% but less than 60% of the
time.
AND/OR
? The Recipient and the Payor have a split parenting
arrangement as follows:
Residing with (Recipient full name)
Full name(
s) of Child(ren) born Birth Date (yyyy/mm/dd)
1. / /
2. / /
3. / /
4. / /
Residing with (Payor full name)
Full name(
s) of Child(ren) born Birth Date (yyyy/mm/dd)
1. / /
2. / /
3. / /
4. / /
IT IS AGREED THAT:
1 Determination of Income
? The Payor has a Guideline Income of $ .
? The Payor has a Guideline Income of $ and the
Recipient has a Guideline Income of $ .
? The Parties have a shared parenting arrangement where
child support is determined by taking into account the
difference between the amounts payable by each parent,
under the Child Support Guidelines as follows:
(Recipient full name) has a Guideline Income amount of
$ , and has a monthly obligation to pay $ child
support for (number) child(ren);
(Payor full name) has a Guideline Income amount of
$ , and has a monthly obligation to pay $ child
support for (number) child(ren).
This amount takes into account the difference between the
amounts that the parents would otherwise pay if a child
support order were sought against the Payor and the
Recipient, the costs of shared parenting arrangements and
the circumstances of each of them and the child(ren).
? The Parties have a split parenting arrangement where child
support is based on the difference between the amounts
payable by each parent under the Child Support Guidelines
as follows:
(Recipient full name) has a Guideline Income amount of
$ , and has a monthly obligation to pay $ child
support for (number) child(ren);
(Payor full name) has a Guideline Income amount of
$ , and has a monthly obligation to pay $ child
support for (number) child(ren).
2 Standard Child Support
(
a) The Payor must pay the Recipient support for the above
child(ren) as follows:
? $ each month on the day of each month
beginning on (yyyy/mm/dd) .
? $ each month beginning on (yyyy/mm/dd) ,
by payments of $ on the day of the
month and $ on the day of the month.
? $ each month on the day of each month
beginning on (yyyy/mm/dd) and ending
on (yyyy/mm/dd) and after that date
$ each month on the day of the month.
? To reflect the shared parenting of the child(ren) by
both parents, $ each month on the day
of each month beginning on (yyyy/mm/dd) , being
the difference between the amounts payable by each
parent under the Child Support Guidelines.
? To reflect the shared parenting of the child(ren) by
both parents, $ each month on the day
of each month beginning on (yyyy/mm/dd) , by
payments of $ on the day of the month
and $ on the day of the month, being
the difference between the amounts payable by each
parent under the Child Support Guidelines.
? To reflect the shared parenting of the child(ren) by
both parents, $ each month beginning
on (yyyy/mm/dd) and ending
on (yyyy/mm/dd) and after that date
$ each month on the day of the month,
being the difference between the amounts payable
by each parent under the Child Support Guidelines.
? To reflect the split parenting of the child(ren) by
both parents, $ each month on the day
of each month beginning on (yyyy/mm/dd) , being
the difference between the amounts payable by each
parent under the Child Support Guidelines.
? To reflect the split parenting of the child(ren) by
both parents, $ each month on
the day of each month beginning
on (yyyy/mm/dd) , by payments of $ on
the day of the month and $ on the
day of the month, being the difference between the
amounts payable by each parent under the Child
Support Guidelines.
? To reflect the split parenting of the child(ren) by
both parents, $ each month beginning
on (yyyy/mm/dd) and ending on
(yyyy/mm/dd) and after that date $ each
month on the day of the month, being the
difference between the amounts payable by each
parent under the Child Support Guidelines.
(
b) The Payor must pay the Recipient the sum of $ for
child support arrears accumulated
since (yyyy/mm/dd) payable in full and final settlement of
these arrears as follows:
? A single payment to be paid on or
before (yyyy/mm/dd) .
? $ to be paid beginning
on (yyyy/mm/dd) and continuing on
the day of each month thereafter until
$ is paid in full.
(
c) When a child named in this Support Agreement is no longer
subject to the agreement, the standard child support payment
will be reduced based on the Payor's Guideline Income and
the number of children still subject to the agreement, in
accordance with the Child Support Guidelines.
3 Additional Expenses
? Not applicable. No additional expenses are payable.
(a)? Monthly Expenses
In addition to the standard support payment under clause 2,
the Payor must pay the Recipient $ for additional
expenses for the child(ren) according to the terms stated in
clause 2. For example, if clause 2 indicates a bi-monthly
payment, then the dollar amounts listed below will be paid in
two equal increments, monthly:
Full Name
of Child
Nature of
Expense
Monthly
Expense ($)
Payor's
Proportionate
Share
Monthly
Amount
Payable by
Payor
1._______
2._______
3._______
4._______
_______
_______
_______
_______
$_________
$_________
$_________
$_________
_________%
_________%
_________%
_________%
$________
$________
$________
$________
AND/OR
? Yearly expenses
In addition to the standard support payment under clause 2,
the Payor must pay the Recipient $ for additional
expenses for the child(ren) on (mm/dd) of each year
beginning (yyyy/mm/dd) , allocated as follows:
Full Name
of Child
Nature of
Expense
Yearly
Expense ($)
Payor's
Proportionate
Share
Annual
Amount
Payable by
Payor
1._______
2._______
3._______
4._______
_______
_______
_______
_______
$_________
$_________
$_________
$_________
_________%
_________%
_________%
_________%
$________
$________
$________
$________
AND/OR
? One-time expenses
In addition to the standard support payment under clause 2,
the Payor must pay the Recipient $ for a one-time
additional expense for the child(ren) on (yyyy/mm/dd) ,
allocated as follows:
Full Name
of Child
Nature of
Expense
One-time
Expense ($)
Payor's
Proportionate
Share
One-time
Amount
Payable by
Payor
1._______
2._______
3._______
4._______
_______
_______
_______
_______
$_________
$_________
$_________
$_________
_________%
_________%
_________%
_________%
$________
$________
$________
$________
AND
(
b) When a child named in this Support Agreement is no longer
subject to the agreement, the Payor will no longer be
responsible to pay additional expenses for that child.
(
c) If the Recipient should cease to incur an additional expense
identified in this clause, then the Payor will no longer be
responsible to contribute to that additional expense.
4 Medical and Dental Coverage
? The Payor must provide medical and dental insurance
coverage for the child(ren).
? The Payor must provide medical and dental insurance
coverage for the child(ren). If the Payor does not provide
this insurance coverage, the child support payable by the
Payor to the Recipient is to increase by $ per
month beginning on the first day of the month following
the month in which the Payor ceased to pay for the
insurance coverage.
? Not applicable.
5 Expenses Resulting from Pregnancy
The Payor must pay the Recipient $ for expenses referred to in
section 66(5) of the Family Law Act resulting from the pregnancy of
the child(ren)'s mother, payable in full and final settlement of all
claims and demands that may be made against the Payor for the
payment of those expenses as follows:
? $ , to be paid on (yyyy/mm/dd) and continuing on
the of each following month, until $ is paid in
full.
? A single payment of $ to be paid on or
before (yyyy/mm/dd) .
? Not applicable.
6 Director's Costs
The Payor must pay the Director under
Part 5 of the Income and
Employment Supports Act $ for expenses paid by the Director for
the purpose of obtaining a finding of parentage, payable in full and
final settlement of all claims and demands that may be made against
the Payor for payment of those expenses as follows:
? $ , to be paid on (yyyy/mm/dd) and continuing on
the day of each following month, until $ is
paid in full.
? A single payment, to be paid on or
before (yyyy/mm/dd) .
? Not applicable.
7 Care and Control
? To reflect a parenting arrangement other than shared/split
care and control of the child(ren) as outlined in Recital B
of this Support Agreement, if the parenting arrangement
changes,
(
a) the Payor must continue to make support payments
under this agreement to any person who assumes the
care and control of the child(ren) even though that
person is not a party to this agreement, and
(
b) when more than one person has care and control of the
child(ren) who is/are subject to this agreement, the
standard child support payable for each child will be
determined by assigning each child an equal portion of
the standard child support set out in clause 2.
8 Enforcement Under the Maintenance Enforcement Act
(
a) This clause applies where this Support Agreement is filed
pursuant to the Maintenance Enforcement Act.
(
b) The payments under this Support Agreement must be paid to
the Director of Maintenance Enforcement under the
Maintenance Enforcement Act:
Director of Maintenance Enforcement
7th Floor North 10355-97 Street,
Edmonton, Alberta, T5J 3W7
Telephone: (780) 422-5555
(
c) If this Support Agreement is filed with the Director of
Maintenance Enforcement then it will be enforced and dealt
with in accordance with
section 10.1 of the Maintenance
Enforcement Act in the same manner as if it were a
maintenance order.
(
d) The amounts owing pursuant to this Support Agreement shall
continue to be enforced until the party who filed the
agreement notifies the Director of Maintenance Enforcement
in writing, in accordance with
section 9 of the Maintenance
Enforcement Act, that he or she does not wish to have the
maintenance order enforced by the Director of Maintenance
Enforcement.
9 Termination of Support
The obligation of the Payor to pay child support and expenses for a
child shall terminate as soon as the child is no longer considered a
child under
section 46(
b) of the Family Law Act.
10 Variation of Agreement
? This Support Agreement varies and replaces the agreement
made between the Recipient (full name) and the
Payor (full name) on (yyyy/mm/dd) under the
Maintenance Enforcement Act.
? This Support Agreement varies and replaces the agreement
made between the Recipient (full name) and the Payor
(full name) on (yyyy/mm/dd) under the Parentage and
Maintenance Act.
? This Support Agreement varies and replaces the agreement
made between the Recipient (full name) and the Payor
(full name) on (yyyy/mm/dd) under
Part 5 of the
Income and Employment Supports Act.
? Not applicable.
Signature of Recipient (or
Director's delegate under
section 29 of the Income
and Employment Supports
Act)
____________________
Date
(yyyy/mm/dd)
Signature of
Witness
___________
Date
(yyyy/mm/dd)
Signature of Payor
____________________
Date
(yyyy/mm/dd)
Signature of
Witness
___________
Date
(yyyy/mm/dd)
NOTES:
"Child Support Guidelines" means the Alberta Child Support
Guidelines (AR 147/2005).
"Guideline Income" means the annual income of a Payor or of a
Recipient as calculated in accordance with the Child Support
Guidelines.
If there are changes to the parenting arrangement other than those
provided for in clause 7 of this Support Agreement, the Director or
other party entitled to do so may seek to vary, suspend or terminate
this Support Agreement.
If you wish to obtain the required documents to vary, suspend or
terminate this support agreement, please call 310-0000 toll-free and
ask for the Child Support Services Office nearest to you. You may
also apply for a court order to replace this Support Agreement.
Affidavit of Execution
I (name of witness) of (city/town) in the Province of Alberta
Swear that:
1 I was personally present and saw (name of Recipient/
Director's delegate) sign the Support Agreement.
2 The Support Agreement was signed at (city/town) in the
Province of Alberta.
3 I know (name of Recipient/Director's delegate) and (s)he
is in my belief the full age of 18 years.
SWORN BEFORE ME at )
in the Province of Alberta, this day )
of , . )
) (witness signature)
(Commissioner for Oaths )
in and for the Province of Alberta) )
Affidavit of Execution
I (name of witness) of (city/town) in the Province of Alberta
Swear that:
1 I was personally present and saw (name of Payor) sign the
Support Agreement.
2 The Support Agreement was signed at (city/town) in the
Province of Alberta.
3 I know the Payor and (s)he is in my belief the full age of 18
years.
SWORN BEFORE ME at )
in the Province of Alberta, this day )
of , . )
) (witness signature)
(Commissioner for Oaths )
in and for the Province of Alberta) )
--------------------------------
Alberta Regulation 122/2014
Apprenticeship and Industry Training Act
ELECTRICIAN TRADE AMENDMENT REGULATION
Filed: June 19, 2014
For information only: Made by the Alberta Apprenticeship and Industry Training
Board on May 9, 2014 and approved by the Minister of Innovation and Advanced
Education on June 16, 2014 pursuant to
section 33(2) of the Apprenticeship and
Industry Training Act.
1 The Electrician Trade Regulation (AR 274/2000) is
amended by this Regulation.
Section 3 is amended by renumbering clause (
a) as
clause (a.1) and by adding the following before clause (a.1):
(
a) interpreting electrical industry codes, including the Canadian
Electrical Code;
Section 9 is amended by striking out "August 31, 2014" and
substituting "August 31, 2023".
--------------------------------
Alberta Regulation 123/2014
Apprenticeship and Industry Training Act
TRADE (EXTENSION OF EXPIRY DATE) AMENDMENT REGULATION
Filed: June 19, 2014
For information only: Made by the Alberta Apprenticeship and Industry Training
Board on May 9, 2014 and approved by the Minister of Innovation and Advanced
Education on June 16, 2014 pursuant to
section 33(2) of the Apprenticeship and
Industry Training Act.
1 The Floorcovering Installer Trade Regulation
(AR 277/2000) is amended in
section 8 by striking out
"August 31, 2014" and substituting "August 31, 2016".
2 The Glazier Trade Regulation (AR 280/2000) is amended
section 20 by striking out "July 31, 2014" and substituting
"August 31, 2020".
3 The Machinist Trade Regulation (AR 289/2000) is
amended in
section 9 by striking out "August 31, 2014" and
substituting "August 31, 2023".
4 The Outdoor Power Equipment Technician Trade
Regulation (AR 47/2001) is amended in
section 21 by
striking out "August 31, 2014" and substituting "August 31,
2016".
5 The Plumber Trade Regulation (AR 295/2000) is amended
section 9 by striking out "August 31, 2014" and substituting
"August 31, 2023".
6 The Sheet Metal Worker Trade Regulation (AR 303/2000)
is amended in
section 9 by striking out "August 31, 2014" and
substituting "August 31, 2023".
7 The Transport Refrigeration Technician Trade
Regulation (AR 307/2000) is amended in
section 9 by
striking out "August 31, 2014" and substituting "August 31,
2016".
8 The Welder Trade Regulation (AR 314/2006) is amended
section 16 by striking out "August 31, 2014" and
substituting "August 31, 2023".
Alberta Regulation 124/2014
Wildlife Act
WILDLIFE (TRUMPETER SWAN) AMENDMENT REGULATION
Filed: June 23, 2014
For information only: Made by the Minister of Environment and Sustainable
Resource Development (M.O. 37/2014) on June 17, 2014 pursuant to
section 103 of
the Wildlife Act.
1 The Wildlife Regulation (AR 143/97) is amended by this
Regulation.
Part 5 of
Schedule 4 is amended by adding the following
after "Cygnus columbianus (Tundra Swan)":
Cygnus buccinator (Trumpeter Swan)
Part 1, Sub-Part 2 of
Schedule 6 is amended by striking
out "Cygnus buccinator (Trumpeter Swan)".
--------------------------------
Alberta Regulation 125/2014
Marketing of Agricultural Products Act
ALBERTA ELK COMMISSION (EXTENSION OF EXPIRY
DATE) AMENDMENT REGULATION
Filed: June 24, 2014
For information only: Made by the Alberta Elk Commission on May 29, 2014 and
approved by the Agricultural Products Marketing Council on June 5, 2014 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, 2014"
and substituting "September 30, 2019".
Alberta Regulation 126/2014
Alberta Housing Act
SOCIAL HOUSING ACCOMMODATION AMENDMENT REGULATION
Filed: June 24, 2014
For information only: Made by the Minister of Municipal Affairs (M.O. H:013/14)
on June 17, 2014 pursuant to
section 34 of the Alberta Housing Act.
1 The Social Housing Accommodation Regulation
(AR 244/94) is amended by this Regulation.
Schedule D is amended in
section 1(4) by striking out
"$265" and substituting "$315".
3 This Regulation comes into force on July 1, 2014.
--------------------------------
Alberta Regulation 127/2014
Apprenticeship and Industry Training Act
TILESETTER TRADE AMENDMENT REGULATION
Filed: June 25, 2014
For information only: Made by the Alberta Apprenticeship and Industry Training
Board on March 21, 2014 and approved by the Minister of Innovation and Advanced
Education on June 17, 2014 pursuant to
section 33(2) of the Apprenticeship and
Industry Training Act.
1 The Tilesetter Trade Regulation (AR 308/2000) is
amended by this Regulation.
Section 1(
d) is amended by adding the following after
subclause (i):
(i.1) porcelain tile;
Section 4(4) is amended by striking out "and successfully
complete the technical training that is required or approved by the
Board".
Alberta Regulation 128/2014
Apprenticeship and Industry Training Act
BAKER TRADE AMENDMENT REGULATION
Filed: June 25, 2014
For information only: Made by the Alberta Apprenticeship and Industry Training
Board on March 21, 2014 and approved by the Minister of Innovation and Advanced
Education on June 17, 2014 pursuant to
section 33(2) of the Apprenticeship and
Industry Training Act.
1 The Baker Trade Regulation (AR 263/2000) is amended
by this Regulation.
Section 3 is amended by adding the following after
clause (l):
(l.1) applying trade calculations and mathematics;
--------------------------------
Alberta Regulation 129/2014
Animal Health Act
REPORTABLE AND NOTIFIABLE DISEASES REGULATION
Filed: June 27, 2014
For information only: Made by the Minister of Agriculture and Rural Development
(M.O. 009/2014) on June 24, 2014 pursuant to
section 70(1) of the Animal Health
Act.
Table of Contents
Definitions
2 Prescribed reportable diseases
3 Reporting of reportable diseases
4 Information to be reported
5 Prescribed notifiable diseases
6 Reporting of notifiable diseases
7 Information to be reported
8 Repeal
9 Expiry
10 Coming into force
Schedules
Definitions
1 In this Regulation,
(a) "commingling site" means a commingling site as defined in
the Premises Identification Regulation (AR 200/2008);
(b) "premises identification number" means a premises
identification number as defined in the Premises
Identification Regulation (AR 200/2008).
Prescribed reportable diseases
2 The diseases listed in
Schedule 1 are reportable diseases prescribed
for the purposes of
section 3(
a) of the Act, and other than diseases
caused by a toxic agent, include the condition of carrying a disease
causing agent that cause those diseases.
Reporting of reportable diseases
3 An owner of an animal or an authorized person who knows or
ought to know that a reportable disease is or may be present in an
animal must, within 24 hours, report it to the chief provincial
veterinarian either in person or by telephone to a telephone number
designated by the Minister for the purpose of reporting reportable
diseases.
Information to be reported
4 An owner of an animal or an authorized person must provide the
following information to the chief provincial veterinarian when
reporting a reportable disease that is or may be present in an animal:
(
a) the name and telephone number of the individual who is
making the report and other contact information as required
by the chief provincial veterinarian;
(
b) the municipal address, legal land description or premises
identification number where the animal is located, or
reasonable directions to find the animal;
(
c) the animal's species;
(
d) the animal's presumptive diagnosis;
(
e) the name and contact information of the owner of the animal,
if known;
(
f) the name and contact information of the commingling site
operator, if applicable and if known;
(
g) the name and contact information of the animal's
veterinarian, if known;
(
h) the type of operation at which the animal is located, if
known;
(
i) a description of the identifier that distinguishes the animal, or
group of animals, within the herd or group, such as a tag
number, animal identifier, group lot number or pen number,
if known;
(
j) the total number of animals of the same species where the
animal is located, if known;
(
k) a list of the other species present and the number of each
species where the animal is located, if known;
(
l) the total number of animals of all species that appear to be
affected with the reportable disease where the animal is
located, if known;
(
m) whether diagnostic samples have been submitted to a
laboratory for testing, if known;
(
n) the results of the laboratory tests, if known;
(
o) any other information required by the chief provincial
veterinarian.
Prescribed notifiable diseases
5 The diseases listed in
Schedule 2 are notifiable diseases prescribed
for the purposes of
section 4(
a) of the Act, and include the condition of
carrying a disease causing agent that cause those diseases.
Reporting of notifiable diseases
6 An owner of an animal or an authorized person who knows or
ought to know that a notifiable disease is or may be present in an
animal must, within 24 hours, report it to the chief provincial
veterinarian
(
a) in person,
(
b) by telephone to a telephone number designated by the
Minister for the purpose of reporting notifiable diseases, or
(
c) by submitting a completed Alberta Notifiable Animal
Disease Reporting Form, as published on the Department's
website, by fax to a fax number designated by the Minister
for the purpose of reporting notifiable diseases.
Information to be reported
7(1) An owner of an animal or an authorized person must provide the
following information to the chief provincial veterinarian when
reporting a notifiable disease that is or may be present in an animal:
(
a) the name and telephone number of the individual who is
making the report and other contact information as required
by the chief provincial veterinarian;
(
b) where the animal is located, such as a municipal address,
municipality, legal land description or premises identification
number;
(
c) the animal's species;
(
d) the animal's presumptive diagnosis.
(2) The person referred to in subsection (1) must, within 7 days from
the date the information in subsection (1) is reported, also report the
following information to the chief provincial veterinarian either in
writing or by telephone to a telephone number designated by the
Minister:
(
a) the name and contact information of the animal's
veterinarian, if known;
(
b) the type of operation at which the animal is located, if
known;
(
c) the total number of animals of the same species where the
animal is located, if known;
(
d) the total number of animals of all species that appear to be
affected with the notifiable disease where the animal is
located, if known;
(
e) whether a post-mortem examination was performed, if
known;
(
f) the post-mortem results, if known;
(
g) the animal's medical history, including symptoms, if known;
(
h) whether diagnostic samples have been submitted to a
laboratory for testing, if known;
(
i) the results of the laboratory tests, if known;
(
j) any other information required by the chief provincial
veterinarian.
Repeal
8 The Reportable and Notifiable Diseases Regulation (AR 209/2008)
is repealed.
Expiry
9 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, 2023.
Coming into force
10 This Regulation comes into force on the coming into force of
section 20 of the Animal Health Amendment Act, 2009.
Schedule 1
Reportable Diseases
ROW
COLUMN 1
COLUMN 2
cattle and yaks
Salmonella Dublin;
Salmonella Typhimurium;
Bovine spongiform encephalopathy;
Foot-and-mouth disease;
Disease caused by any toxic substance
that is a threat to animal health or
human health.
swine, including
wild boars
Foot-and-mouth disease;
Classical swine fever;
Transmissible gastroenteritis;
Disease caused by any toxic substance
that is a threat to animal health or
human health.
domestic chickens,
bantams, pheasants
and peafowl
Infectious laryngotracheitis;
Highly pathogenic avian influenza or
low pathogenic H5 or H7 influenza
virus;
Newcastle disease;
Salmonella Gallinarum;
Salmonella Pullorum;
Salmonella Enteritidis;
Salmonella Heidelberg;
Salmonella Typhimurium;
Disease caused by any toxic substance
that is a threat to animal health or
human health.
any of the
following birds
when kept