Alberta Gazette — 15 May (ii)

0515 ii

Alberta — Gazette

Alberta Regulation 62/2002

Health Disciplines Act

LICENSED PRACTICAL NURSES AMENDMENT REGULATION

Filed: April 17, 2002

Approved by the Lieutenant Governor in Council (O.C. 159/2002) on April 17,

2002 pursuant to

section 55 of the Health Disciplines Act.

1 The Licensed Practical Nurses Regulation (AR 103/97) is amended by this

Regulation.

Section 15 is repealed.

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

Alberta Regulation 63/2002

Health Insurance Premiums Act

HEALTH INSURANCE PREMIUMS AMENDMENT REGULATION

Filed: April 17, 2002

Made by the Lieutenant Governor in Council (O.C. 160/2002) on April 17,

2002 pursuant to

section 2 of the Health Insurance Premiums Act.

1 The Health Insurance Premiums Regulation (AR 217/81) is amended by this

Regulation.

Section 1(2)(

k) is repealed and the following is substituted:

(k) "taxable income" means, in sections 3, 6 and 7, the taxable

income from line 260 of the income tax return filed under the Income Tax

Act (Canada).

Section 3(2) is repealed and the following is substituted:

(2) An application for a subsidy may be approved by the Minister

and, for that purpose,

(

a) if the registrant

(

i) has no dependants, or

(ii) is a member of the Canadian Forces or

the Royal Canadian Mounted Police who is appointed to a rank and has one

dependant who is a child, or is a person serving a term of imprisonment in

a penitentiary as defined in the Corrections and Conditional Release Act

(Canada) and has one dependant who is a child

and the taxable income of the registrant for the

preceding taxation year is $12 450 or more but less than $15 970, the

monthly subsidized premium that the registrant is liable to pay is

determined by taking 15% of the difference between the taxable income and

$12 450 and dividing that amount by 12;

(

b) if the registrant

(

i) has one dependant, who is the

registrant's spouse, or

(ii) is a member of the Canadian Forces or

the Royal Canadian Mounted Police who is appointed to a rank and has one

dependant, who is the registrant's spouse, or is a person serving a term of

imprisonment in a penitentiary as defined in the Corrections and

Conditional Release Act (Canada) and has one dependant, who is the

registrant's spouse

and the combined taxable income of the registrant and the

registrant's spouse for the preceding taxation year is $21 200 or more but

less than $28 240, the monthly subsidized premium that the registrant is

liable to pay is determined by taking 15% of the difference between the

combined taxable income and $21 200 and dividing that amount by 12;

(

c) if the registrant

(

i) has one or more dependants, at least

one of whom is a child, or

(ii) is a member of the Canadian Forces or

the Royal Canadian Mounted Police who is appointed to a rank and has more

than one dependant, at least one of whom is a child, or is a person serving

a term of imprisonment in a penitentiary as defined in the Corrections and

Conditional Release Act (Canada) and has more than one dependant, as least

one of whom is a child

and the taxable income of the registrant, or the combined

taxable income of the registrant and the registrant's spouse, where

applicable, for the preceding taxation year is $27 210 or more but less

than $34 250, the monthly subsidized premium that the registrant is liable

to pay is determined by taking 15% of the difference between the taxable

income or combined taxable income and $27 210 and dividing that amount by

12;

(

d) if the taxable income of the registrant referred to

in clause (

a) for the preceding taxation year is less than $12 450, no

premium is payable;

(

e) if the combined taxable income of the registrant

and the registrant's spouse referred to in clause (

b) for the preceding

taxation year is less than $21 200, no premium is payable;

(

f) if the taxable income of the registrant, or the

combined taxable income of the registrant and the registrant's spouse,

where applicable, referred to in clause (

c) for the preceding taxation year

is less than $27 210, no premium is payable.

Section 6 is amended

(

a) by repealing subsection (1) and substituting the following:

6(1) A registrant referred to in

section 3 (2)(a), (

b) or (

c) to

whom

section 7(2), (3) or (4) does not apply is eligible to apply in the

prescribed form for a subsidized premium for Alberta Blue Cross Plan

non-group membership in respect of a benefit period.

(

b) by repealing subsection (2) and substituting the following:

(2) An application for a subsidy may be approved by the Minister and

(

a) in the case of a registrant referred to in

section

3(2)(

a) or (d), the monthly subsidized premium the registrant is liable to

pay is the amount set out in

section 11 of the Schedule, and

(

b) in the case of a registrant referred to in

section

3(2)(b), (c), (

e) or (f), the monthly subsidized premium the registrant is

liable to pay is the amount set out in

section 12 of the Schedule.

Section 7(1) is amended by striking out "In" and substituting "For the

purposes of".

Section 8.2 is amended

(

a) in subsection (1)(

a) by striking out "but less than $20 825";

(

b) in subsection (1)(

b) by striking out "but less than $32 650";

(

c) by adding the following after subsection (1):

(1.01) In no case may the premium payable under this

section exceed

the appropriate amount set out in item 1 or 2 of the Schedule.

7 The

Schedule is amended

(

a) in item 1 by striking out "$34.00" and substituting "$44.00";

(

b) in item 2 by striking out "68.00" and substituting "$88.00";

(

c) by striking out the heading "Subsidized Premiums" and items 3

to 8.4.

8 This Regulation is effective with respect to the month of April, 2002

and subsequent months.

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

Alberta Regulation 64/2002

Medical Profession Act

MEDICAL PROFESSION AMENDMENT BY-LAWS

Filed: April 17, 2002

Made by the council of the College of Physicians and Surgeons and approved

by the Lieutenant Governor in Council (O.C. 161/2002) on April 17, 2002

pursuant to

section 32 of the Medical Profession Act.

1 The Medical Profession By-laws (AR 129/91) are amended by this

Regulation.

Section 1 is amended by adding the following after clause (b):

opinion to a patient in Alberta by a physician located outside Alberta,

based on information about the patient transmitted to the physician by

electronic or other means.

Section 2 is amended by repealing subsections (1.1) and (1.2).

Section 4 is amended

(

a) in subsection (1) by adding the following after clause (e):

(

f) Part 6 - telemedicine practice;

(

g) Part 7 - physician extenders;

(

h) Part 8 - psychiatric residents.

(

b) by adding the following after subsection (6):

(7) Part 6 of the Special Register includes the names of registered

practitioners who meet the requirements of

section 4.1(6), practise or will

be practising telemedicine from a location outside Alberta and are not

registered in the Alberta Medical Register or another part of the Special

(8) Part 7 of the Special Register includes the names of

post-graduate medical students who meet the requirements of

section 4.1(7)

and practise or will be practising medicine in a hospital-based program

approved by the registrar for that purpose.

(9) Part 8 of the Special Register includes the names of

post-graduate medical students who meet the requirements of

section 4.1(8)

and practise or will be practising medicine in a psychiatric program in a

facility designated under the Mental Health Regulation (AR 309/89).

Section 4.1 is amended by adding the following after subsection (5):

(6) Each applicant for registration in

Part 6 of the Special

(

a) a copy of the applicant's certificate of standing

from the licensing authority in the jurisdiction in which the applicant

practises medicine, and

(

b) satisfactory evidence of having successfully

completed training in the discipline in which telemedicine services will be

provided, that is in the registrar's opinion equivalent to the training

that is required in Alberta of a registered practitioner providing those

services.

(7) Each applicant for registration in

Part 7 of the Special

Register must comply with subsection (1)(a), (

b) and (

e) and

(

a) must meet the following requirements:

(

i) be registered in Class One of the

Educational Register;

(ii) have successfully completed 18 months

of training in the post-graduate medical program in which the applicant is

registered;

(iii) have obtained the approval of the

director of the post-graduate medical program in which the applicant is

registered prior to making the application,

(

b) must hold a clinical fellowship or research

position and have completed medical training that the registrar has

determined to be substantially equivalent to the training required under

clause (a)(ii).

(8) Each applicant for registration in

Part 8 of the Special

(

a) comply with subsection (1)(

a) and (b),

(

b) have successfully completed 18 months of training

in a psychiatric residency program, and

(

c) have obtained the approval of the director of the

psychiatric residency program in which the applicant is registered prior to

making the application.

Section 4.2 is repealed and the following is substituted:

Compliance with

section 2(1)

4.2(1) Subject to this section, an applicant for registration in any

Part of the Special Register must comply with

section 2(1).

(2) An applicant for registration in Parts 1 to 4 of the Special

Register need not comply with clause (b)(ii) of

section 2(1).

(3) An applicant for registration in

Part 5 of the Special Register

need not comply with clause (b)(

i) or (ii) of

section 2(1).

(4) An applicant for registration in

Part 6 of the Special Register

need not comply with clause (b)(i), (ii) or (vii) or (

c) of

section 2(1).

(5) An applicant for registration in

Part 7 or 8 of the Special

Register need not comply with clause (b)(ii) of

section 2(1).

Section 4.3 is amended by adding the following after subsection (3):

(4) Each person registered in

Part 7 of the Special Register must

(

a) maintain an academic standing that is satisfactory

to the director of the training program in which the person is registered,

(

b) maintain competence in the post-graduate program as

evidenced by semi-annual reports provided by the post-graduate dean of the

faculty of medicine at the University of Alberta or the University of

Calgary,

(

c) maintain professional liability insurance that is

satisfactory to the registrar, and

(

d) comply with the terms of the agreement between the

Council of Teaching Hospitals of Alberta and the Provincial Association of

Residents of Alberta.

(5) Each person registered in

Part 8 of the Special Register must

(

a) maintain an academic standing that is satisfactory

to the director of the training program in which the person is registered,

(

b) successfully complete an in-service training

program relating to the Mental Health Act and the issuance of admission

certificates under that Act,

(

c) maintain professional liability insurance that is

satisfactory to the registrar, and

(

d) comply with the terms of the agreement between the

Council of Teaching Hospitals of Alberta and the Provincial Association of

Residents of Alberta.

8 The following is added after

section 6.1:

Liability insurance

6.2(1) For the purposes of registration as a limited liability

partnership under

Part 2.1 of the Partnership Act, a registered

practitioner or professional corporation must obtain and maintain

professional liability insurance or other protection against professional

liability in an amount of at least $2 000 000 per occurrence, insuring the

registered practitioner or professional corporation against any debt,

obligation or liability of the registered practitioner or professional

corporation, limited liability partnership or another partner that arises

from or relates to the negligence, wrongful acts or omission, malpractice

or misconduct of the registered practitioner, professional corporation or

another partner, employee, agent or representative of the partnership for

whom the registered practitioner or professional corporation is

responsible.

(2) Not later than December 31 of each year, a partnership that is

registered as a limited liability partnership under

Part 2.1 of the

Partnership Act must provide to the Registrar proof that the insurance or

other protection required under subsection (1) has been obtained or is

maintained, to the satisfaction of the Registrar.

(3) On registration as a limited liability partnership under

Part

2.1 of the Partnership Act, a partnership must provide to the Registrar

proof that the notice required by

section 79.5 of the Partnership Act has

been given.

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

Alberta Regulation 65/2002

Pharmaceutical Profession Act

PRESCRIPTION OF DRUGS BY AUTHORIZED PRACTITIONERS

AMENDMENT REGULATION

Filed: April 17, 2002

Made by the Lieutenant Governor in Council (O.C. 164/2002) on April 17,

2002 pursuant to

section 1(

w) of the Pharmaceutical Profession Act.

1 The Prescription of Drugs by Authorized Practitioners Regulation (AR

83/98) is amended by this Regulation.

Section 3 is repealed.

Alberta Regulation 66/2002

Public Sector Pension Plans Act

LOCAL AUTHORITIES PENSION PLAN (TAX COMPLIANCE)

AMENDMENT REGULATION

Filed: April 17, 2002

Made by the Lieutenant Governor in Council (O.C. 169/2002) on April 17,

2002 pursuant to

Schedule 1,

section 4 of the Public Sector Pension Plans

Act.

1 The Local Authorities Pension Plan (AR 366/93) is amended by this

Regulation.

Section 2(1) is amended

(

a) in clause (

l) by adding ", before its repeal, or

section

20(1.1)(d)" after "20(1)(d)";

(

b) in clause (

q) by striking out "leave of absence with" and

substituting "period on loan to";

(

c) by repealing clauses (u.3) and (

v) and substituting the

following:

(u.4) "latest pension commencement date" means, in

relation to a participant or former participant whose pension has not yet

commenced, the last moment as of which that person is or was allowed to

commence to receive the pension under the tax rules;

(v) "leave with partial salary" means a period of

service

(

i) during which a participant is, with the

authority of his employer, on leave from all or a portion of the regular

duties of his employment and is receiving remuneration that is less than

regular salary from his employer, and

(ii) that, if after 1991, is or was an

eligible period of temporary absence or an eligible period of reduced pay

under and within the mean of the tax rules,

but does not include a period during which he is in

receipt of benefits under a disability plan or on a period on loan to a

bargaining agent;

(

d) in clause (w)

(

i) by adding "of service" after "means a period";

(ii) by striking out "leave of absence with" and

substituting "period on loan to";

(

e) in clause (ff) by striking out "20(1)(e)" and substituting

"20(1.1)(e)";

(

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

(ff.01) "period on loan to a bargaining agent" means

a period of service during which a participant is, with the authority of

his employer, on leave from the regular duties of his employment in order

to be employed by a certified bargaining agent serving persons employed by

a local authority that is an employer;

(

g) in clause (ll)(iii) by striking out "leave of absence with" and

substituting "period on loan to";

(

h) by repealing clause (nn) and substituting the following:

(nn) "service" means

(

i) any period that may be recognized as

eligible service under the tax rules, excluding any such period performed

outside Canada that is not a period of employment with an employer,

(ii) any other period before July 1, 2002

that was or is maintained as pensionable service as the result of

section

20(1.1)(

b) or (c), and

(iii) a period referred to in

section

20(1.1)(e);

Section 3(3) is amended

(

a) by striking out "leave of absence with" and substituting

"period on loan to";

(

b) by striking out "leave commenced" and substituting "period

commenced".

Section 4 is repealed.

Section 10(

g) is amended by striking out "leave of absence with" and

substituting "period on loan to".

Section 11 is amended

(

a) by repealing clauses (

a) and (

b) and substituting the

following:

(

a) after the employee reaches his latest pension

commencement date,

(

b) who reached that date before July 1, 2002,

(

b) in clause (

c) by striking out "the end of the year of attaining

the age of 71 years" and substituting "reaching his latest pension

commencement date".

Section 14 is amended

(

a) in subsections (1) and (2)(

a) by striking out "on" and

substituting "performing service in the form of qualifying";

(

b) in subsections (2)(b), (3), (5) and (6) by adding "qualifying"

before "leave" wherever it occurs;

(

c) by adding the following after subsection (7):

(8) In this section, "qualifying leave without salary" or

"qualifying leave" means any period of leave without salary to the extent

that the aggregate of

(

a) all the periods of leave without salary, both

before and after the beginning of January 1, 1992, and all unsalaried

portions of periods of leave with partial salary occurring after 1991

(excluding any period referred to in clause (b)) does not exceed 5 years,

and

(

b) all the periods of parenting of an individual, as

that term is used in the tax rules, occurring after June 30, 2002 does not

exceed 3 years.

Section 20 is amended

(

a) by repealing subsections (1) and (2) and substituting the

following:

(1.1) Subject to this section, in computing the length of

pensionable service that a person accumulated, the following periods of

service, not exceeding 35 years in aggregate, are the periods to be taken

into account:

(

a) service after June 30, 2002 with an employer in

respect of which current service contributions have been made;

(

b) periods before July 1, 2002 which, as at the end of

June 30, 2002, had been acquired as pensionable service;

(

c) other periods before July 1, 2002 in respect of

which arrangements for payment had been made before that date under the

applicable provisions referred to in sections 22 to 25 or arrangements

referred to in

section 26 had been made to acquire those periods as

pensionable service, and provided that those arrangements and the rules of

the Plan applicable to them continue after that date to be adhered to

without interruption;

(

d) any other service in respect of which arrangements

for payment have been made after June 30, 2002 on an actuarial reserve

have been satisfied;

(

e) a period that was recognized as pensionable service

under the Public Service Pension Plan and that is to be taken into account

as pensionable service under this Plan, under

Part 2 of the Regulations.

(

b) in subsections (7) and (9) by striking out "(1)" and

substituting "(1.1)".

Section 22(1) is amended by striking out "20(1)" and substituting

"20(1.1)".

Section 23 is amended

(

a) in subsection (1) by striking out "20(1)(d)(i), (iii), (iv) or

(v)" and substituting "20(1.1)(d), except in the case of a payment into the

Plan under a reciprocal agreement,";

(

b) by repealing subsection (3)(

a) and substituting the following:

(

a) by his latest pension commencement date,

Section 24 is amended by striking out "under

section 20(1)(d)" and

substituting "covered by

section 20(1.1)(

c) or (

d) that are".

Section 26(2) and (3) are repealed.

13 The following is added after

section 26:

Cessation of prior service arrangement payments

26.1 If a person to whom

section 20(1.1)(

c) applies ceases to make

the required payments under the arrangements referred to in that clause,

section 27 applies and, on the crediting of service under that section, the

person is thereafter entitled to purchase the remainder of the service not

credited only pursuant to sections 20(1.1)(

d) and 22 to

Section 27 is amended by adding "or

section 26" after "25".

Section 28 is amended by striking out "section 20(1)(d)" and

substituting "or referred to in

section 20(1.1)(

c) or (d)".

Section 29(1)(b)(ii)(

B) is amended by adding "(before its repeal) and

section 20(1.1)(d)" after "20(1)(d)".

Section 34.2(1) is amended by adding "(before its repeal) or

section

20(1.1)(

b) or (

c) on an actuarial reserve basis or

section 20(1.1)(d)"

after "20(1)(d)".

Section 35 is amended by striking out "20(1)" and substituting

"20(1.1)".

Section 38 is amended by adding the following after subsection (2):

(3) The nominee referred to in subsection (1)(

c) must be eligible

for post-retirement survivor benefits under and within the meaning of the

tax rules.

Section 40(1) is amended by striking out "the end of the year in which

he attained the age of 71 years" and substituting "his latest pension

commencement date".

Section 43 is amended

(

a) in subsection (1) by striking out "the end of the year in which

he attains the age of 71 years" and substituting "his latest pension

commencement date";

(

b) in subsection (3) by striking out "When" and substituting

"Subject to subsection (3.1), when";

(

c) by adding the following after subsection (3):

(3.1) A person who makes the election under

section 54(3.1) is

entitled to receive, instead of the amount specified in subsection (3),

(

a) a pension in the form and in the amount of a normal

pension based, however, only on pensionable service up to the effective

date of the postponement, and

(

b) a lump sum payment equal to the total pension

payments that would have been made during the period of the postponement

had the pension not been postponed.

Section 54 is amended

(

a) in subsection (1) by striking out "43 applies, with references

in it" and substituting "43(1) and (2) apply, with references";

(

b) by adding the following after subsection (1):

(3) When a pension that was postponed becomes payable and the person

entitled has not made an election under subsection (3.1), it is to be in

the form of a normal pension and

(

a) if pension commencement is on or before the date

when the person attains the age of 65 years, in the amount specified in

section 47(3), or

(

b) if pension commencement is after that date, in the

amount that is the actuarial equivalent of the normal pension that the

person would have been entitled to receive had pension commencement

occurred on the later of

(

i) the date when the person attained the

age of 65 years, and

(ii) the day after the person terminated.

(3.1) A person to whom subsection (3) will (but for the making of an

election under this subsection) apply may, at any time before pension

commencement, make an election in the written form required by the

Minister, that subsection (3) is not to apply to him, in which case he is

to receive

(

a) a pension in the form and in the amount of a normal

pension based, however, only on pensionable service up to the effective

date of the postponement, and

(

b) a lump sum payment equal to the total pension

payments that would have been made during the period of the postponement

had the pension not been postponed.

(4) Section 43(4) applies.

23 Sections 58(1) and 67(1) are amended by striking out "under

section

20(1)(d)" and substituting "on an actuarial reserve basis covered by

section 20(1.1)(b), (

c) or (d)".

Section 75 is amended by adding the following after subsection (6):

(7) The amount of any increase under this

section must not exceed

the maximum amount set for cost-of-living increases by the tax rules.

Section 76(2) is amended by striking out "applies" and substituting

"and (7) apply".

Section 78(2) is amended

(

a) by adding "and (7)" after "75(6)";

(

b) by striking out "that subsection" and substituting "those

subsections".

27 This Regulation comes into force on July 1, 2002.

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

Alberta Regulation 67/2002

Public Sector Pension Plans Act

PUBLIC SECTOR PENSION PLAN (TAX COMPLIANCE)

AMENDMENT REGULATION

Filed: April 17, 2002

Made by the Lieutenant Governor in Council (O.C. 170/2002) on April 17,

2002 pursuant to

Schedule 2,

section 4 of the Public Sector Pension Plans

Act.

1 The Public Service Pension Plan (AR 368/93) is amended by this

Regulation.

Section 2(1) is amended

(

a) in clause (

l) by adding ", before its repeal, or

section

20(1.1)(d)" after "20(1)(d)";

(

b) in clause (

q) by striking out "leave of absence with" and

substituting "period on loan to";

(

c) by repealing clauses (u.3) and (

v) and substituting the

following:

(u.3) "latest pension commencement date" means, in

relation to a participant or former participant whose pension has not yet

commenced, the last moment as of which that person is or was allowed to

commence to receive the pension under the tax rules;

(v) "leave with partial salary" means a period of

service

(

i) during which a participant is, with the

authority of his employer, on leave from all or a portion of the regular

duties of his employment and is receiving remuneration that is less than

regular salary from his employer, including leave with partial pay under

the former Act, and

(ii) that, if after 1991, is or was an

eligible period of temporary absence or an eligible period of reduced pay

under and within the meaning of the tax rules,

but does not include a period during which he is in

receipt of benefits under a disability plan or on a period of loan to a

bargaining agent;

(

d) in clause (w)

(

i) by adding "of service" after "means a period";

(ii) by striking out "leave of absence with" and

substituting "period on loan to";

(

e) in clause (ff) by striking out "20(1)(e)" and substituting

"20(1.1)(e)";

(

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

(ff.01) "period on loan to a bargaining agent" means

a period of service during which a participant is, with the authority of

his employer, on leave from the regular duties of his employment in order

to be employed by a certified bargaining agent on a full-time basis;

(

g) in clause (ll)(ii) by striking out "leave of absence with" and

substituting "period on loan to";

(

h) by repealing clause (nn) and substituting the following:

(nn) "service" means

(

i) any period that may be recognized as

eligible service under the tax rules, excluding any such period performed

outside Canada that is not a period of employment with an employer,

(ii) any other period before July 1, 2002

that was or is maintained as pensionable service as the result of

section

20(1.1)(

b) or (c),

(iii) a period referred to in

section

20(1.1)(e),

(iv) combined pensionable service in a

related plan;

Section 3(3) is amended

(

a) by striking out "leave of absence with" and substituting

"period on loan to";

(

b) by striking out "leave commenced" and substituting "period

commenced".

Section 4 is repealed.

Section 10(

g) is amended by striking out "leave of absence with" and

substituting "period on loan to".

Section 11 is amended

(

a) by repealing clauses (

a) and (

b) and substituting the

following:

(

a) after the employee reaches his latest pension

commencement date,

(

b) who reached that date before July 1, 2002,

(

b) in clause (

c) by striking out "the end of the year of attaining

the age of 71 years" and substituting "reaching his latest pension

commencement date".

Section 14 is amended

(

a) in subsections (1) and (2)(

a) by striking out "on" and

substituting "performing service in the form of qualifying";

(

b) in subsections (2)(b), (3), (5) and (6) by adding "qualifying"

before "leave" wherever it occurs;

(

c) by adding the following after subsection (7):

(8) In this section, "qualifying leave without salary" or

"qualifying leave" means any period of leave without salary to the extent

that the aggregate of

(

a) all the periods of leave without salary, both

before and after the beginning of January 1, 1992, and all unsalaried

portions of periods of leave with partial salary occurring after 1991

(excluding any period referred to in clause (b)) does not exceed 5 years,

and

(

b) all the periods of parenting of an individual, as

that term is used in the tax rules, occurring after June 30, 2002 does not

exceed 3 years.

Section 20 is amended

(

a) by repealing subsections (1) and (2) and substituting the

following:

(1.1) Subject to this

section and

section 21(2), in computing the

length of pensionable service that a person accumulated, the following

periods of service are the periods to be taken into account:

(

a) service after June 30, 2002 with an employer in

respect of which current service contributions have been made;

(

b) periods before July 1, 2002 which, as at the end of

June 30, 2002, had been acquired as pensionable service;

(

c) other periods before July 1, 2002 in respect of

which arrangements for payment had been made before that date under the

applicable provisions referred to in sections 22 to 25 or arrangements

referred to in

section 26 had been made to acquire those periods as

pensionable service, and provided that those arrangements and the rules of

the Plan applicable to them continue after that date to be adhered to

without interruption;

(

d) any other service in respect of which arrangements

for payment have been made after June 30, 2002 on an actuarial reserve

have been satisfied;

(

e) a period that was recognized as pensionable service

under the Local Authorities Pension Plan and that is to be taken into

account as pensionable service under this Plan, under

Part 2 of the

Regulations.

(

b) in subsection (7) by striking out "(1)" and substituting

"(1.1)".

Section 22(1) is amended by striking out "20(1)" and substituting

"20(1.1)".

Section 23 is amended

(

a) in subsection (1) by striking out "20(1)(d)(i), (iii), (iv) or

(v)" and substituting "20(1.1)(d), except in the case of a payment into the

Plan under a reciprocal agreement,";

(

b) by repealing subsection (3)(

a) and substituting the following:

(

a) by his latest pension commencement date,

Section 24(1) is amended by striking out "under

section 20(1)(d)" and

substituting "covered by

section 20(1.1)(

c) or (

d) that are".

Section 26(2) and (3) are repealed.

13 The following is added after

section 26:

Cessation of prior service arrangement payments

26.1 If a person to whom

section 20(1.1)(

c) applies ceases to make

the required payments under the arrangements referred to in that clause,

section 27 applies and, on the crediting of service under that section, the

person is thereafter entitled to purchase the remainder of the service not

credited only pursuant to sections 20(1.1)(

d) and 22 to

Section 27 is amended by adding "or

section 26" after "25".

Section 28 is amended by striking out "section 20(1)(d)" and

substituting "or referred to in

section 20(1.1)(

c) or (d)".

Section 29(1)(b)(ii)(

B) is amended by adding "(before its repeal) and

section 20(1.1)(d)" after "20(1)(d)".

Section 34.2(1) is amended by adding "(before its repeal) or

section

20(1.1)(

b) or (

c) on an actuarial reserve basis or

section 20(1.1)(d)"

after "20(1)(d)".

Section 35 is amended by striking out "20(1)" and substituting

"20(1.1)".

Section 38 is amended by adding the following after subsection (2):

(3) The nominee referred to in subsection (1)(

c) must be eligible

for post-retirement survivor benefits under and within the meaning of the

tax rules.

Section 40(1) is amended by striking out "the end of the year in which

he attained the age of 71 years" and substituting "his latest pension

commencement date".

Section 43 is amended

(

a) in subsection (1) by striking out "the end of the year in which

he attains the age of 71 years" and substituting "his latest pension

commencement date";

(

b) in subsection (3) by striking out "When" and substituting

"Subject to subsection (3.1), when";

(

c) by adding the following after subsection (3):

(3.1) A person who makes the election under

section 54(3.1) is

entitled to receive, instead of the amount specified in subsection (3),

(

a) a pension in the form and in the amount of a normal

pension based, however, only on pensionable service up to the effective

date of the postponement, and

(

b) a lump sum payment equal to the total pension

payments that would have been made during the period of the postponement

had the pension not been postponed.

Section 54 is amended

(

a) in subsection (1) by striking out "43 applies, with references

in it" and substituting "43(1) and (2) apply, with references";

(

b) by adding the following after subsection (1):

(3) When a pension that was postponed becomes payable and the person

entitled has not made an election under subsection (3.1), it is to be in

the form of a normal pension and

(

a) if pension commencement is on or before the date

when the person attains the age of 65 years, in the amount specified in

section 47(3), or

(

b) if pension commencement is after that date, in the

amount that is the actuarial equivalent of the normal pension that the

person would have been entitled to receive had pension commencement

occurred on the later of

(

i) the date when the person attained the

age of 65 years, and

(ii) the day after the person terminated.

(3.1) A person to whom subsection (3) will (but for the making of an

election under this subsection) apply may, at any time before pension

commencement, make an election in the written form required by the

Minister, that subsection (3) is not to apply to him, in which case he is

to receive

(

a) a pension in the form and in the amount of a normal

pension based, however, only on pensionable service up to the effective

date of the postponement, and

(

b) a lump sum payment equal to the total pension

payments that would have been made during the period of the postponement

had the pension not been postponed.

(4) Section 43(4) applies.

23 Sections 58(1) and 67(1) are amended by striking out "under

section

20(1)(d)" and substituting "on an actuarial reserve basis covered by

section 20(1.1)(b), (

c) or (d)".

Section 75 is amended by adding the following after subsection (6):

(7) The amount of any increase under this

section must not exceed

the maximum amount set for cost-of-living increases by the tax rules.

Section 76(2) is amended by striking out "applies" and substituting

"and (7) apply".

Section 78(2) is amended

(

a) by adding "and (7)" after "75(6)";

(

b) by striking out "that subsection" and substituting "those

subsections".

27 This Regulation comes into force on July 1, 2002.

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

Alberta Regulation 68/2002

Public Sector Pension Plans Act

SPECIAL FORCES PENSION PLAN (TAX COMPLIANCE)

AMENDMENT REGULATION

Filed: April 17, 2002

Made by the Lieutenant Governor in Council (O.C. 171/2002) on April 17,

2002 pursuant to

Schedule 4,

section 4 of the Public Sector Pension Plans

Act.

1 The Special Forces Pension Plan (AR 369/93) is amended by this

Regulation.

Section 2(1) is amended

(

a) in clause (

l) by adding ", before its repeal, or

section

20(1.1)(d)" after "20(1)(d)";

(

b) by repealing clause (

v) and substituting the following:

(u.3) "latest pension commencement date" means, in

relation to a participant or former participant whose pension has not yet

commenced, the last moment as of which that person is or was allowed to

commence to receive the pension under the tax rules;

(v) "leave with partial salary" means a period of

service

(

i) during which a participant is, with the

authority of his employer, on leave from all or a portion of the regular

duties of his employment and is receiving remuneration that is less than

regular salary from his employer, and

(ii) that, if after 1991, is or was an

eligible period of temporary absence or an eligible period of reduced pay

under and within the meaning of the tax rules,

but does not include a period during which he is in

receipt of benefits under a disability plan;

(

c) in clause (

w) by adding "of service" after "means a period";

(

d) by repealing clause (nn) and substituting the following:

(nn) "service" means

(

i) any period that may be recognized as eligible

service under the tax rules, except any such period performed outside

Canada, and

(ii) any other period before July 1, 2002 that was or is

maintained as pensionable service as the result of

section 20(1.1)(

b) or

(c);

Section 4 is repealed.

Section 11 is amended

(

a) by repealing clauses (

a) and (

b) and substituting the

following:

(

a) after the employee reaches his latest pension

commencement date,

(

b) who reached that date before July 1, 2002,

(

b) in clause (

c) by striking out "the end of the year of attaining

the age of 71 years" and substituting "reaching his latest pension

commencement date".

Section 14 is amended

(

a) in subsections (1) and (2)(

a) by striking out "on" and

substituting "performing service in the form of qualifying";

(

b) in subsections (2)(b), (3), (5) and (6) by adding "qualifying"

before "leave" wherever it occurs;

(

c) by adding the following after subsection (7):

(8) In this section, "qualifying leave without salary" or

"qualifying leave" means any period of leave without salary to the extent

that the aggregate of

(

a) all the periods of leave without salary, both

before and after the beginning of January 1, 1992, and all unsalaried

portions of periods of leave with partial salary occurring after 1991

(excluding any period referred to in clause (b)) does not exceed 5 years,

and

(

b) all the periods of parenting of an individual, as

that term is used in the tax rules, occurring after June 30, 2002 does not

exceed 3 years.

Section 20 is amended

(

a) by repealing subsections (1) and (2) and substituting the

following:

(1.1) Subject to this section, in computing the length of

pensionable service that a person accumulated, the following periods of

service, not exceeding 35 years in aggregate, are the periods to be taken

into account:

(

a) service after June 30, 2002 with an employer in

respect of which current service contributions have been made;

(

b) periods before July 1, 2002 which, as at the end of

June 30, 2002, had been acquired as pensionable service;

(

c) other periods before July 1, 2002 in respect of

which arrangements for payment had been made before that date under the

applicable provisions referred to in sections 22 to 25 or arrangements

referred to in

section 26 had been made to acquire those periods as

pensionable service, and provided that those arrangements and the rules of

the Plan applicable to them continue after that date to be adhered to

without interruption;

(

d) any other service in respect of which arrangements

for payment have been made after June 30, 2002 on an actuarial reserve

have been satisfied.

(

b) in subsections (7) and (10) by striking out "(1)" and

substituting "(1.1)".

Section 22(1) is amended by striking out "20(1)" and substituting

"20(1.1)".

Section 23 is amended

(

a) in subsection (1) by striking out "20(1)(d)(i), (iii), (iv) or

(v)" and substituting "20(1.1)(d), except in the case of a payment into the

Plan under a reciprocal agreement,";

(

b) by repealing subsection (3)(

a) and substituting the following:

(

a) by his latest pension commencement date,

Section 24 is amended by striking out "under

section 20(1)(d)" and

substituting "covered by

section 20(1.1)(

c) or (

d) that are".

Section 26(2) and (3) are repealed.

11 The following is added after

section 26:

Cessation of prior service arrangement payments

26.1 If a person to whom

section 20(1.1)(

c) applies ceases to make

the required payments under the arrangements referred to in that clause,

section 27 applies and, on the crediting of service under that section, the

person is thereafter entitled to purchase the remainder of the service not

credited only pursuant to sections 20(1.1)(

d) and 22 to

Section 27 is amended by adding "or

section 26" after "25".

Section 28 is amended by striking out "section 20(1)(d)" and

substituting "or referred to in

section 20(1.1)(

c) or (d)".

Section 29(1)(b)(ii)(

B) is amended by adding "(before its repeal) and

section 20(1.1)(d)" after "20(1)(d)".

Section 35 is amended by striking out "20(1)" and substituting

"20(1.1)".

Section 38 is amended by adding the following after subsection (2):

(3) The nominee referred to in subsection (1)(

c) must be eligible

for post-retirement survivor benefits under and within the meaning of the

tax rules.

Section 40 is amended by striking out "the end of the year in which he

attained the age of 71 years" and substituting "his latest pension

commencement date".

Section 43 is amended

(

a) in subsection (1) by striking out "the end of the year in which

he attains the age of 71 years" and substituting "his latest pension

commencement date";

(

b) in subsection (3) by striking out "When" and substituting

"Subject to subsection (3.1), when";

(

c) by adding the following after subsection (3):

(3.1) A person who makes the election under

section 54(3.1) is

entitled to receive, instead of the amount specified in subsection (3),

(

a) a pension in the form and in the amount of a normal

pension based, however, only on pensionable service up to the effective

date of the postponement, and

(

b) a lump sum payment equal to the total pension

payments that would have been made during the period of the postponement

had the pension not been postponed.

Section 54 is amended

(

a) in subsection (1) by striking out "43 applies, with references

in it" and substituting "43(1) and (2) apply, with references";

(

b) by adding the following before subsection (4):

(3) When a pension that was postponed becomes payable and the person

entitled has not made an election under subsection (3.1), it is to be in

the form of a normal pension and

(

a) if pension commencement is on or before the date

when the person attains the age of 65 years, in the amount specified in

section 47(1), or

(

b) if pension commencement is after that date, in the

amount that is the actuarial equivalent of the normal pension that the

person would have been entitled to receive had pension commencement

occurred on the later of

(

i) the date when the person attained the

age of 65 years, and

(ii) the day after the person terminated.

(3.1) A person to whom subsection (3) will (but for the making of an

election under this subsection) apply may, at any time before pension

commencement, make an election in the written form required by the

Minister, that subsection (3) is not to apply to him, in which case he is

to receive

(

a) a pension in the form and in the amount of a normal

pension based, however, only on pensionable service up to the effective

date of the postponement, and

(

b) a lump sum payment equal to the total pension

payments that would have been made during the period of the postponement

had the pension not been postponed.

20 Sections 58(1) and 67(1) are amended by striking out "under

section

20(1)(d)" and substituting "on an actuarial reserve basis covered by

section 20(1.1)(b), (

c) or (d)".

Section 75 is amended by adding the following after subsection (6):

(7) The amount of any increase under this

section must not exceed

the maximum amount set for cost-of-living increases by the tax rules.

Section 76(2) is amended by striking out "applies" and substituting

"and (7) apply".

Section 77(

c) is amended by striking out "increase complies with the

tax rules and" and substituting "amount of the increase does not exceed the

maximum amount set for cost-of-living increases by the tax rules and

complies with".

24 This Regulation comes into force on July 1, 2002.

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

Alberta Regulation 69/2002

Public Sector Pension Plans Act

MANAGEMENT EMPLOYEES PENSION PLAN (TAX COMPLIANCE)

AMENDMENT REGULATION

Filed: April 17, 2002

Made by the Lieutenant Governor in Council (O.C. 172/2002) on April 17,

2002 pursuant to

Schedule 5,

section 4 of the Public Sector Pension Plans

Act.

1 The Management Employees Pension Plan (AR 367/93) is amended by this

Regulation.

Section 2(1) is amended

(

a) in clause (

l) by adding ", before its repeal, or

section

20(1.1)(d)" after "20(1)(d)";

(

b) by repealing clause (

v) and substituting the following:

(u.3) "latest pension commencement date" means, in

relation to a participant or former participant whose pension has not yet

commenced, the last moment as of which that person is or was allowed to

commence to receive the pension under the tax rules;

(v) "leave with partial salary" means a period of

service

(

i) during which a participant is, with the

authority of his employer, on leave from all or a portion of the regular

duties of his employment and is receiving remuneration that is less than

regular salary from his employer, including leave with partial pay under

the former Act, and

(ii) that, if after 1991, is or was an

eligible period of temporary absence or an eligible period of reduced pay

under and within the meaning of the tax rules,

but does not include a period during which he is in

receipt of benefits under a disability plan;

(

c) in clause (

w) by adding "of service" after "means a period";

(

d) in clause (ll)(

i) by adding "and" at the end of paragraph (A),

striking out "and" at the end of paragraph (

B) and repealing paragraph (C);

(

e) by repealing clause (nn) and substituting the following:

(nn) "service" means

(

i) any period that may be recognized as eligible

service under the tax rules, excluding any such period performed outside

Canada that is not a period of employment with an employer,

(ii) any other period before July 1, 2002 that was or is

maintained as pensionable service as the result of

section 20(1.1)(

b) or

(c), and

(iv) combined pensionable service in the related plan;

Section 4 is repealed.

Section 11 is amended

(

a) by repealing clauses (

a) and (

b) and substituting the

following:

(

a) after the employee reaches his latest pension

commencement date,

(

b) who reached that date before July 1, 2002,

(

b) in clause (

c) by striking out "the end of the year of attaining

the age of 71 years" and substituting "reaching his latest pension

commencement date".

Section 14 is amended

(

a) in subsections (1) and (2)(

a) by striking out "on" and

substituting "performing service in the form of qualifying";

(

b) in subsections (2)(b), (3), (5) and (6) by adding "qualifying"

before "leave" wherever it occurs;

(

c) by adding the following after subsection (7):

(8) In this section, "qualifying leave without salary" or

"qualifying leave" means any period of leave without salary to the extent

that the aggregate of

(

a) all the periods of leave without salary, both

before and after the beginning of January 1, 1992, and all unsalaried

portions of periods of leave with partial salary occurring after 1991,

(excluding any period referred to in clause (b)) does not exceed 5 years,

and

(

b) all the periods of parenting of an individual, as

that term is used in the tax rules, occurring after June 30, 2002 does not

exceed 3 years.

Section 20 is amended

(

a) by repealing subsections (1) and (2) and substituting the

following:

(1.1) Subject to this

section and

section 21(2), in computing the

length of pensionable service that a person accumulated, the following

periods of service are the periods to be taken into account:

(

a) service after June 30, 2002 with an employer in

respect of which current service contributions have been made;

(

b) periods before July 1, 2002 which, as at the end of

June 30, 2002, had been acquired as pensionable service;

(

c) other periods before July 1, 2002 in respect of

which arrangements for payment had been made before that date under the

applicable provisions referred to in sections 22 to 25 or arrangements

referred to in

section 26 had been made to acquire those periods as

pensionable service, and provided that those arrangements and the rules of

the Plan applicable to them continue after that date to be adhered to

without interruption;

(

d) any other service in respect of which arrangements

for payment have been made after June 30, 2002 on an actuarial reserve

have been satisfied.

(

b) in subsection (7) by striking out "(1)" and substituting

"(1.1)".

Section 22(1) is amended by striking out "20(1)" and substituting

"20(1.1)".

Section 23 is amended

(

a) in subsection (1) by striking out "20(1)(d)(i), (iii), (iv) or

(v)" and substituting "20(1.1)(d), except in the case of a payment into the

Plan under a reciprocal agreement,";

(

b) by repealing subsection (3)(

a) and substituting the following:

(

a) by his latest pension commencement date,

Section 24(1) is amended by striking out "under

section 20(1)(d)" and

substituting "covered by

section 20(1.1)(

c) or (

d) that are".

Section 26(2) and (3) are repealed.

11 The following is added after

section 26:

Cessation of prior service arrangement payments

26.1 If a person to whom

section 20(1.1)(

c) applies ceases to make

the required payments under the arrangements referred to in that clause,

section 27 applies and, on the crediting of service under that section, the

person is thereafter entitled to purchase the remainder of the service not

credited only pursuant to sections 20(1.1)(

d) and 22 to

Section 27 is amended by adding "or

section 26" after "25".

Section 28 is amended by striking out "section 20(1)(d)" and

substituting "or referred to in

section 20(1.1)(

c) or (d)".

Section 29(1)(b)(ii) is amended by adding "(before its repeal) and

section 20(1.1)(d)" after "20(1)(d)".

Section 35 is amended by striking out "20(1)" and substituting

"20(1.1)".

Section 38 is amended by adding the following after subsection (2):

(3) The nominee referred to in subsection (1)(

c) must be eligible

for post-retirement survivor benefits under and within the meaning of the

tax rules.

Section 40 is amended by striking out "the end of the year in which he

attained the age of 71 years" and substituting "his latest pension

commencement date".

Section 43 is amended

(

a) in subsection (1) by striking out "the end of the year in which

he attains the age of 71 years" and substituting "his latest pension

commencement date";

(

b) in subsection (3) by striking out "When" and substituting

"Subject to subsection (3.1), when";

(

c) by adding the following after subsection (3):

(3.1) A person who makes the election under

section 54(3.1) is

entitled to receive, instead of the amount specified in subsection (3),

(

a) a pension in the form and in the amount of a normal

pension based, however, only on pensionable service up to the effective

date of the postponement, and

(

b) a lump sum payment equal to the total pension

payments that would have been made during the period of the postponement

had the pension not been postponed.

Section 54 is amended

(

a) in subsection (1) by striking out "the end of the year in which

he attains the age of 71 years" and substituting "his latest pension

commencement date";

(

b) by repealing subsection (3) and substituting the following:

(3) When a pension that was postponed becomes payable and the person

entitled has not made an election under subsection (3.1), it is to be in

the form of a normal pension and

(

a) if pension commencement is on or before the date

when the person attains the age of 65 years, in the amount specified in

section 47(1), or

(

b) if pension commencement is after that date, in the

amount that is the actuarial equivalent of the normal pension that the

person would have been entitled to receive had pension commencement

occurred on the later of

(

i) the date when the person attained the

age of 65 years, and

(ii) the day after the person terminated.

(3.1) A person to whom subsection (3) will (but for the making of an

election under this subsection) apply may, at any time before pension

commencement, make an election in the written form required by the

Minister, that subsection (3) is not to apply to him, in which case he is

to receive

(

a) a pension in the form and in the amount of a normal

pension based, however, only on pensionable service up to the effective

date of the postponement, and

(

b) a lump sum payment equal to the total pension

payments that would have been made during the period of the postponement

had the pension not been postponed.

20 Sections 58(1) and 67(1) are amended by striking out "under

section

20(1)(d)" and substituting "on an actuarial reserve basis covered by

section 20(1.1)(b), (

c) or (d)".

Section 75 is amended by adding the following after subsection (6):

(7) The amount of any increase under this

section must not exceed

the maximum amount set for cost-of-living increases by the tax rules.

Section 76(2) is amended by striking out "applies" and substituting

"and (7) apply".

Section 78(2) is amended

(

a) by adding "and (7)" after "75(6)";

(

b) by striking out "that subsection" and substituting "those

subsections".

24 This Regulation comes into force on July 1, 2002.

Alberta Regulation 70/2002

Persons with Developmental Disabilities Community Governance Act

GOVERNANCE AMENDMENT REGULATION

Filed: April 17, 2002

Made by the Lieutenant Governor in Council (O.C. 174/2002) on April 17,

2002 pursuant to

section 23 of the Persons with Developmental Disabilities

Community Governance Act.

1 The Governance Regulation (AR 208/97) is amended by this Regulation.

Section 5 is amended by striking out "October 1, 2002" and substituting

"October 1, 2004".

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

Alberta Regulation 71/2002

Queen Elizabeth II Golden Jubilee Recognition Act

Alberta Heritage Scholarship Act

QUEEN ELIZABETH II AWARD AND SCHOLARSHIP REGULATION

Filed: April 17, 2002

Made by the Lieutenant Governor in Council (O.C. 175/2002) on April 17,

2002 pursuant to

section 5 of the Queen Elizabeth II Golden Jubilee

Recognition Act.

Definitions 1

Residency requirement 2

Premier's Citizenship Award in Recognition of the

Queen's Golden Jubilee 3

Queen's Golden Jubilee Citizenship Medal 4

Queen's Golden Jubilee Scholarship for the Visual

and Performing Arts 5

Expiry 6

Consequential 7

Definitions

1 In this Regulation,

(a) "Act" means the Queen Elizabeth II Golden Jubilee Recognition

Act;

(b) "Minister" means the Minister of Community Development;

Recognition of the Queen's Golden Jubilee granted under

section 3(1) of the

Act;

(d) "Queen's Medal" means the Queen's Golden Jubilee Citizenship

Medal granted under

section 3(2) of the Act;

(e) "Queen's Scholarship" means the Queen's Golden Jubilee

Scholarship for the Visual and Performing Arts granted under

section 3(3)

of the Act.

Residency requirement

2 In addition to the other requirements of the Act and this Regulation,

in order for an individual to receive an award or scholarship the proposed

recipient

(

a) must be a Canadian citizen or be lawfully admitted to Canada

for permanent residence, and

(

b) must be a resident of Alberta.

Premier's Citizenship Award in Recognition of the Queen's Golden Jubilee

3(1) Each year the administration of each high school in Alberta may

establish a selection committee to nominate one student from that high

school to receive a Premier's Award.

(2) A nomination made by the selection committee must be in the form and

manner established by the Minister.

(3) A student is eligible to be nominated under this

section if the

student has made a significant contribution to his or her community through

(

a) good citizenship,

(

b) leadership,

(

c) community service activities, or

(

d) volunteering.

(4) The recognitions granted to a Premier's Award recipient may consist of

one or more of the following as determined by the Minister:

(

a) a plaque;

(

b) a commemorative pin;

(

c) a certificate;

(

d) a letter of commendation;

(

e) a presentation ceremony;

(

f) any other form of recognition that the Minister considers

appropriate.

Queen's Golden Jubilee Citizenship Medal

4(1) The recognitions granted to a Queen's Medal recipient may consist of

one or more of the following as determined by the Minister:

(

a) a medal;

(

b) a letter of commendation;

(

c) a presentation ceremony;

(

d) any other form of recognition that the Minister considers

appropriate.

(2) The recipient of a Queen's Medal must establish to the satisfaction of

the Minister that the money to be awarded will be used for the recipient's

personal development related to enhancing the recipient's general

education.

(3) The Minister may establish the qualifications required by applicants

and the selection process.

Queen's Golden Jubilee Scholarship for the Visual and Performing Arts

5(1) In addition to the residency requirement referred to in

section 2, an

applicant for a Queen's Scholarship must have been a resident in Alberta

for at least one year immediately before applying for the Scholarship.

(2) One scholarship shall be awarded for outstanding ability in the

performing arts and one scholarship for outstanding ability in the visual

arts.

(3) The recognitions granted to a Queen's Scholarship recipient may

consist of one or more of the following as determined by the Minister:

(

a) a medal;

(

b) a letter of commendation;

(

c) a presentation ceremony;

(

d) any other form of recognition that the Minister considers

appropriate.

(4) The application and selection process shall be in the form and manner

established by the Minister.

(5) The Minister shall award the Queen's Scholarships on the

recommendation of the Foundation for the Performing Arts.

Expiry

6 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 April 30, 2007.

Consequential

7(1) The Alberta Heritage Scholarship Regulation (AR 214/99) is amended by

this section.

(2) Section 5 is repealed.

(3) The following is added after

section 15:

15.1 Pursuant to

section 3(3) of the Alberta Heritage Scholarship

Act, the Minister may provide for the awards and scholarships referred to

section 2(

a) and (

b) of the Queen Elizabeth II Golden Jubilee

Recognition Act in accordance with the regulations made under the Queen

Elizabeth II Golden Jubilee Recognition Act.

(4) Section 18 is repealed and the following is substituted:

18(1) The Minister may charge such fees as the Minister considers

reasonable for administering scholarships established under

section 3(3) of

the Act, including the receipt and management of assets received under

section 2(2) of the Act.

(2) Fees for administering scholarships, other than fees for the

receipt and management of assets, may be charged only for matters after

March 31, 2002.

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

Alberta Regulation 72/2002

Municipal Government Act

CENTRAL PEACE REGIONAL WASTE MANAGEMENT

COMMISSION AMENDMENT REGULATION

Filed: April 25, 2002

Made by the Lieutenant Governor in Council (O.C. 176/2002) on April 24,

2002 pursuant to

section 602.02 of the Municipal Government Act.

1 The Central Peace Regional Waste Management Commission Regulation (AR

64/2001) is amended by this Regulation.

Section 2(

e) is repealed.

Alberta Regulation 73/2002

Municipal Government Act

MUNICIPAL LONG TERM ELECTRICITY AGREEMENT REGULATION

Filed: April 25, 2002

Made by the Lieutenant Governor in Council (O.C. 177/2002) on April 24,

2002 pursuant to

section 603 of the Municipal Government Act.

AEUB approval of long term electricity agreement not needed

1(1) The approval of the Alberta Energy and Utilities Board is not

required under

section 30(2) of the Municipal Government Act if the

proposed agreement relates to or arises from the supply of electric power

under

(

a) a power purchase arrangement sold at the public auction held

pursuant to

section 45.93 of the Electric Utilities Act,

(

b) a derivative created by the balancing pool administrator

pursuant to

section 6(4) of the Power Purchase Arrangements Regulation (AR

170/99), or

(

c) a direct sales agreement as defined in the Direct Sales

Regulation (AR 167/2001).

(2) In this section, "derivative" has the meaning given to it in

section 6

of the Power Purchase Arrangements Regulation (AR 170/99).

Repeal

2 The Municipal Long Term Electricity Agreement Regulation (AR 75/2000)

is repealed.

Expiry

3 This Regulation is made in accordance with

section 603(1) of the

Municipal Government Act and is repealed in accordance with

section 603(2)

of that Act.

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

Alberta Regulation 74/2002

Government Organization Act

GRANTS, DONATIONS AND LOANS AMENDMENT REGULATION

Filed: April 25, 2002

Made by the Lieutenant Governor in Council (O.C. 179/2002) on April 24,

2002 pursuant to

section 13 of the Government Organization Act.

1 The Grants, Donations and Loans Regulation (AR 315/83) is amended by

this Regulation.

2 Sections 0.1 to 6 are repealed and the following is substituted:

Definition

1 In this Regulation, "Minister" means the Minister of Human

Resources and Employment.

Minister may make grants

2(1) The Minister is authorized to make grants provided for in

Schedules 1, 3 and 4 and the donations and loans provided for in

Schedule

(2) In addition to the power to make grants referred to in

subsection (1), the Minister is authorized to make grants to a person or

organization for any purpose related to any program, resource or other

matter under the administration of the Minister.

Application

3 An application for a grant must be made in a manner and form

satisfactory to the Minister.

Delegation

4 The Minister is authorized to delegate in writing any function,

duty or power under this Regulation to any employee of the Government.

Agreement

5 The Minister is authorized to enter into agreements with respect

to any matter relating to the payment of a grant.

Assignment of maintenance

6 Where an applicant for or recipient of a grant under this

Regulation has a right to any form of support for the applicant or

recipient or for a dependent child of the applicant or recipient under

(

a) an enactment of Canada or a province or territory

of Canada,

(

b) an order of a court, or

(

c) an agreement,

the Minister may as a condition of making a grant under this

Regulation, require the applicant or recipient to enter into an agreement

assigning to the Minister any or all of the applicant's or recipient's

rights in respect of the support, including, without limitation, the right

to participate in proceedings to vary, rescind, suspend or enforce support

payments.

Payment

7 The Minister may provide for the payment of any grant in a lump

sum or by way of installments and may determine the time or times at which

the grant is to be paid.

Written reports and examination of records

8(1) The Minister may at any time require the recipient of a grant

to provide a written report, in a form satisfactory to the Minister, on the

work and activity in respect of which the grant was made, including any

information required by the Minister relating to the expenditure of the

grant.

(2) The recipient of a grant must permit a representative of the

Minister, the Auditor General or both to examine the books or records

pertaining to the grant the Minister or Auditor General considers necessary

to determine whether the grant has been properly expended.

Conditional grants

9(1) The recipient of a grant may use the money only

(

a) in accordance with the conditions on which the

grant is made, or

(

b) if the original conditions on which the grant is

made are varied with the consent of the Minister, in accordance with the

conditions as varied.

(2) If the recipient of a grant does not use all of the money, the

Minister may require the recipient to refund the surplus money to the

Minister in favour of the Minister of Finance.

(3) The Minister may require the recipient of a grant to repay all

or part of the money to the Minister in favour of the Minister of Finance

if the recipient does not comply with any of the conditions of the grant or

does not use the money as required under this Regulation.

Refusal to provide grant

10 The Minister may refuse to provide a grant under this Regulation

to an applicant who makes or has made a false or misleading statement in an

application under this Regulation or in any other document required by the

Minister or who furnishes or has furnished the Minister or the government

of Alberta or Canada with any false or misleading information that, in the

opinion of the Minister, materially affects the applicant's eligibility to

receive a grant under this Regulation.

Review

11(1) The Minister shall appoint a Review Committee.

(2) The Review Committee shall review

(

a) refusals of applications for assistance under

Schedules 3 and 4, except a refusal by reason of the operation of

section

10, and

(

b) decisions where an applicant is granted assistance

under

Schedule 3 or 4 but in a lesser amount than was applied for.

(3) After reviewing a refusal or decision referred to in subsection

(2) the Review Committee shall make a recommendation to the Minister with

respect to the refusal or decision.

(4) The Minister may make rules governing the procedure the Review

Committee is to follow in carrying out its duties under this section.

Repeal

12 The Social Services Grant Regulation (AR 345/86) is repealed.

Expiry

13 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 April 30, 2009.

Schedule 3 is amended

(

a) in

section 1(1)

(

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

(a.1) "integrated training program" means a

program that provides comprehensive training in basic academic,

occupational and employability skills for the purposes of obtaining

employment;

(ii) in clause (b)(ii) by striking out "12-month" and

substituting "3-month";

(

b) in

section 2

(

i) by adding the following after subsection (1)(b)(v):

(v.1) an integrated training program;

(ii) by repealing subsection (6);

(

c) by repealing

section 3(1) and substituting the following:

3(1) Unless otherwise determined by the Minister, the maximum

assistance available to an applicant under

section 2 is,

(

a) in the case of an applicant enrolled in a full-time

program,

(i) $10 000 for a program of one month or

more but less than 5 months,

(ii) $20 000 for a program of 5 months or

more but less than 10 months, and

(iii) $30 000 for a program of 10 months or

more but not more than 12 months,

and

(

b) in the case of an applicant enrolled in a part-time

program, $600 in a period of not more than 17 weeks, unless the Minister

determines that some other period is appropriate.

(

d) in

section 4

(

i) in subsection (1) by repealing clauses (

b) and

(c);

(ii) in subsection (3) by striking out "section 2(6)"

and substituting "section 10 of this Regulation".

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

Alberta Regulation 75/2002

Regulated Forestry Profession Act

REGISTERED PROFESSIONAL FORESTERS REGULATION

Filed: April 25, 2002

Approved by the Lieutenant Governor in Council (O.C. 182/2002) on April 24,

2002 pursuant to

section 100 of the Regulated Forestry Profession Act.

Interpretation 1

Part 1

Registration

Division 1

General Registration

General requirements 2

Division 2

Registration and Renewal of Practice

Permit of Foresters-in-Training

Registration of foresters-in-training 3

Renewal of practice permit 4

Division 3

Registration of and Requirements for

Registered Professional Foresters

Requirements for registration by foresters-in-training 5

Academic requirements 6

Experience requirements 7

Foresters from recognized forestry organization 8

Other evidence of competence 9

Registration under

section 22(2)(

c) of Act 10

Division 4

Practice Permits

Conditions on practice permits 11

Division 5

Continuing Competence Program

Continuing competence requirements 12

Division 6

Reinstatement of Registration and

Practice Permit

Reinstatement 13

Division 7

Categories of Regulated Members

Categories of members 14

Division 8

Registers

Registers established 15

Conditional Register 16

Temporary Register 17

Division 9

Use of Titles, Abbreviations and Initials

Use of title 18

Part 2

Public Information

Information in register 19

Information provided by regulated members and applicants 21

Maintenance of information 22

Repeal 23

Coming into force 24

Interpretation

1(1) In this Regulation,

(a) "Act" means the Regulated Forestry Profession Act;

(b) "apprenticeship" means completing the forester-in-training

program under the guidance of a registered professional forester approved

by the registration committee;

(d) "college" means the College of Alberta Professional Foresters;

(e) "Conditional Register" means the register established under

section 15(1)(c);

(f) "forester-in-training" means the category of regulated member

referred to in

section 14 who meets the requirements of

section 3;

(g) "forester-in-training program" means a program of study and

practical experience for foresters-in-training to meet the competence

requirements for registration as a registered professional forester;

(h) "Foresters-in-Training Register" means the register established

under

section 15(1)(b);

(i) "mutual recognition agreement" means an agreement signed by the

college and provincial associations;

(j) "professional examination" means an examination approved by

council to assess an applicant's knowledge and understanding of Alberta

forestry policies and legislation;

(k) "provincial association" means an organization incorporated in

a province or territory of Canada other than Alberta that regulates

professional foresters;

(l) "recognized forestry organization" means a professional

forestry organization

(

i) recognized by the council as having similar

regulatory objectives to the college;

(ii) that grants a professional forestry designation

recognized by the council;

(iii) that has competence and practice standards

recognized by the council as being substantially similar to those of the

college;

(m) "registered professional forester" means the category of

regulated member referred to in

section 14 who meets the requirements of

section 5, 8 or 10;

(n) "Registered Professional Foresters Register" means the register

established under

section 15(1)(a);

(o) "Temporary Register" means the register established under

section 15(1)(d).

(2) The terms defined in

section 1 of the Act and

Schedule 1 to the Act

have the same meaning in this Regulation.

PART 1 REGISTRATION

Division 1

General Registration

General requirements

2(1) Each applicant for registration as a forester-in-training or a

registered professional forester must provide to the registrar evidence

satisfactory to the registrar of

(

a) being a Canadian citizen or a person lawfully permitted to work

or study in Canada, and

(

b) having good character and reputation.

(2) In determining whether an applicant is of good character and

reputation, the registrar must consider whether the applicant

(

a) has had a finding of unprofessional conduct or similar finding

made against the applicant by any professional organization, and any orders

made in consequence,

(

b) has any outstanding charges under the criminal law of any

country,

(

c) has been convicted of a criminal offence in any country,

(

d) has been found guilty of a breach of a university or similar

code of conduct or of an academic infraction at any post secondary

education institution, and

(

e) has any outstanding complaints or discipline matters with any

professional organization with which the applicant is or has been

registered.

(3) In addition to the matters referred to in subsections (1) and (2), the

registrar may consider

(

a) any character references,

(

b) information on steps taken to overcome and evidence that the

applicant has overcome the competence or ethical issues related to

subsections (1) and (2), and

(

c) any mitigating factors provided by the applicant.

Division 2

Registration and Renewal of Practice

Permit of Foresters-in-Training

Registration of foresters-in-training

3 An applicant for registration as a forester-in-training must provide

evidence satisfactory to the registrar of having completed the requirements

section 2 and having completed or substantially completed the

requirements of

section 6.

Renewal of practice permit

4 For the purposes of

section 34(1)(b)(

i) of the Act, if a

forester-in-training is applying for renewal of a practice permit, the

applicant must provide evidence satisfactory to the registrar that the

applicant

(

a) continues to meet the requirements of

section 2,

(

b) is completing the requirements referred to in sections 6 and 7

or meeting the grade or performance requirements prescribed by the council

on the professional examination, and

(

c) has provided any information required by the Act or the

regulations.

Division 3

Registration of and Requirements

for Registered Professional Foresters

Requirements for registration by foresters-in-training

5 An application for registration as a registered professional forester

by a forester-in-training must be accompanied by evidence satisfactory to

the registrar that the following requirements have been met:

(

a) the academic requirements specified in

section 6;

(

b) the experience requirements under

section 7;

(

c) the grade or performance requirements prescribed by the council

on the professional examination.

Academic requirements

6 The academic requirements consist of

(

a) a degree from a post-secondary education program accredited by

CFAB or approved by the council, or

(

b) meeting the grade or performance requirements prescribed by the

council on courses and examinations approved by council in core competency

areas approved by the council, including but not limited to the following:

(

i) forest ecology, dendrology, entomology and

pathology;

(ii) forest economics, measuring, monitoring and

forecasting;

(iii) forest products;

(iv) forest soils and hydrology;

(

v) tree morphology and physiology;

(vi) silvics and silviculture;

(vii) forest fire management;

(viii) forest management, operations and policy.

Experience requirements

7 The experience required for the purposes of

section 5(

b) to become a

registered professional forester is

(

a) the completion of 2-year apprenticeship in the practice of

forestry under the guidance of a registered professional forester approved

by the registration committee, or

(

b) subject to any policies approved by the council, evidence of

experience substantially equivalent to the requirements referred to in

clause (a).

Foresters from recognized forestry organization

8(1) For the purposes of

section 22(2)(

b) of the Act, if an applicant for

registration as a registered professional forester is registered by a

recognized forestry organization or by a provincial association that the

council recognizes through a mutual recognition agreement, the applicant

must provide satisfactory evidence to the registrar that the applicant has

met the competence requirements referred to in

section 22(1)(

a) of the Act

by providing evidence that

(

a) the applicant is registered in good standing with that

recognized forestry organization or provincial association and is not

subject to any professional practice conditions,

(

b) the applicant's current registration in the recognized forestry

organization or provincial association does not fall into a category for

non-practising or temporary member,

(

c) the applicant meets the good character and reputation

requirements referred to in

section 2, and

(

d) the applicant meets the grade or performance requirements

prescribed by the council on the professional examination.

(2) An applicant who has met the requirements of (1)(a), (

b) and (

c) and

is attempting to meet the requirements of subsection (1)(

d) may apply to

the registrar for registration on the Conditional Register.

Other evidence of competence

9 An applicant who does not meet the requirements of

section 5 or 8 may

provide evidence of competence for the purposes of

section 22(2)(

c) of the

Act in accordance with

section 10.

Registration under

section 22(2)(

c) of Act

10(1) An applicant may provide evidence of competence under

section

22(2)(

c) of the Act by providing to the registration committee satisfactory

evidence of

(

a) grades and performance achieved in academic, educational and

other relevant studies substantially equivalent to that required in

section

(

b) experience substantially equivalent to that required in

section

(

c) successful completion of any courses, examination or

experience prescribed by the registration committee to demonstrate

substantially equivalent competence to that required in sections 6 and 7,

(

d) meeting the grade or performance requirements prescribed by the

council on the professional examination,

(

e) membership in good standing with organizations relevant to the

forestry profession, the regulated standards and requirements of such

organizations and the activities completed in such organizations,

(

f) relevant professional development activities completed, and

(

g) other relevant qualifications, accomplishments, abilities and

competencies.

(2) For purposes of subsection (1), the evidence must be presented in

writing and may be supplemented by personal representations from the

applicant or from other individuals, at the request of the registration

committee.

(3) An applicant who has met the requirements of (1)(a), (

b) and (

c) and

is attempting to meet the requirements of subsection (1)(

d) may apply to

the registrar for registration on the Conditional Register.

Division 4

Practice Permits

Conditions on practice permits

11(1) One or more of the following conditions may be imposed on a

practice permit of a regulated member registered in the Conditional

Register, the Temporary Register or the Foresters-in-Training Register by

the registration committee or by the competence committee:

(

a) completion of any examinations, testing, assessment,

apprenticeship, experience or counselling;

(

b) a requirement to practice under the supervision of a registered

professional forester;

(

c) a requirement to limit a regulated member's practice to

specified practice areas or practice settings and a prohibition from

practising in other practice areas or practice settings;

(

d) a requirement to report to the registrar on specified matters

on specified dates;

(

e) a provision that the practice permit is valid only for a

specified time;

(

f) a provision that the regulated member may only use specified

titles;

(

g) a provision prohibiting the regulated member from supervising

foresters-in-training or registered professional foresters.

(2) One or more of the following conditions may be imposed on a practice

permit of a regulated member registered on the Registered Professional

Foresters Register by the registration committee or by the competence

committee:

(

a) completion of the continuing competence requirements within a

specified time;

(

b) a requirement to practice under the supervision of a registered

professional forester;

(

c) a requirement to report to the registrar on specified matters

on specified dates;

(

d) a provision that the practice permit is valid only for a

specified time;

(

e) a provision that the regulated member may only use specified

titles.

Division 5

Continuing Competence Program

Continuing competence requirements

12 Registered professional foresters must

(

a) comply with the continuing competence program requirements,

(

b) maintain accurate and complete records of activities in the

continuing competence program, and

(

c) on request by the competence committee submit documentation in

a specified format demonstrating compliance with the continuing competence

program.

Division 6

Reinstatement of Registration and Practice Permit

Reinstatement

13(1) An investigated person whose registration or practice permit was

cancelled under

Part 4 of the Act must comply with all orders made or any

conditions specified by the hearing tribunal, council or the Court of

Appeal, as the case may be, before being entitled to apply for

reinstatement of registration or of a practice permit.

(2) Unless otherwise provided in the Act or this Regulation, an

investigated party whose registration or practice permit was cancelled

under

Part 4 of the Act may not apply to the registration committee for

reinstatement within one year of the cancellation.

(3) An applicant for reinstatement referred to in subsection (1) must

(

a) comply with the requirements of this section;

(

b) provide satisfactory evidence to the registration committee of

meeting the requirements of

section 2;

(

c) meet any education requirements specified by the registration

committee;

(

d) pay a reinstatement fee as provided by the bylaws;

(

e) satisfy any other terms or conditions specified by the

registration committee.

(4) The registration committee may order the reinstatement of a

registration or a practice permit cancelled under

Part 4 of the Act if all

orders have been complied with and any conditions set at the time of the

cancellation have been met.

(5) Sections 23 to 26 of the Act apply to all applications for

reinstatement of registration and sections 34 and 35 of the Act apply to

all applications for reinstatement of practice permits after cancellation.

Division 7

Categories of Regulated Members

Categories of members

14 The following categories of regulated members are established:

(

a) registered professional foresters;

(

b) foresters-in-training.

Division 8

Registers

Registers established

15(1) The following registers are established:

(

a) the Registered Professional Foresters Register;

(

b) the Foresters-in-Training Register;

(

c) the Conditional Register;

(

d) the Temporary Register.

(2) A regulated member who is a registered professional forester must be

entered into the Registered Professional Foresters Register, the

Conditional Register or the Temporary Register.

(3) A regulated member who is a forester-in-training must be entered into

the Foresters-in-Training Register.

Conditional Register

16(1) An applicant referred to under

section 8(2) or 10(3) who has

satisfied all the registration requirements except for passing the

professional examination and has applied to write the professional

examination, or is waiting for the results of the professional examination,

may be entered into the Conditional Register.

(2) A regulated member entered in the Conditional Register is entitled to

hold a practice permit until one of the following occurs, whichever is

earliest:

(

a) the regulated member is entered into the Registered

Professional Foresters Register as a result of successfully completing the

professional examination;

(

b) the regulated member is unsuccessful in the professional

examination;

entered into the Conditional Register.

(3) A regulated member entered in the Conditional Register may apply to

the registration committee to be entered in the Registered Professional

Foresters Register and for a practice permit without conditions by

providing to the registration committee evidence that the regulated member

has successfully completed the professional examination.

Temporary Register

17(1) An applicant may be entered into the Temporary Register if the

applicant provides evidence satisfactory to the registration committee

(

a) that the applicant's primary residence is outside Alberta,

(

b) that the applicant complies with the requirements of

section 2,

(

c) that the applicant is competent, and

(

d) why registration is required and the period of time for which

registration is requested.

(2) A regulated member who is entered into the Temporary Register and

whose primary residence is outside of Alberta is entitled to hold a

practice permit until one of the following occurs, whichever is earliest:

(

a) the term of the practice permit necessary to complete the

purpose for which registration is granted has expired;

(

b) a period of not more than 12 months in one registration year

has elapsed.

(3) A regulated member registered on the Temporary Register whose primary

residence is outside of Alberta may apply to the registration committee for

renewal of a practice permit by submitting a written request for the

renewal of the practice permit specifying the reasons for the renewal.

Division 9

Use of Titles, Abbreviations and Initials

Use of title

18(1) Only regulated members on the Registered Professional Foresters

Register, Conditional Register or Temporary Register may use the following

titles, abbreviations and initials:

(a) "Registered Professional Forester", "R.P.F." or "RPF";

(b) "Registered Forester", "R.F." or "RF";

(2) Only regulated members on the Foresters-in-Training Register may use

the title, abbreviation and initials "Forester-in-Training", "F.I.T." or

"FIT".

(3) If the practice permit or registration of a regulated member has been

suspended or cancelled under the Act, the member must not use any of the

protected titles, abbreviations or initials of the profession during the

period of suspension.

PART 2 PUBLIC INFORMATION

Information in register

19 Following the suspension or cancellation of a regulated member's

registration or practice permit, the following information must be entered

into the appropriate register:

(

a) the date of cancellation or suspension;

(

b) the period of the suspension;

(

c) the reason for the suspension or cancellation.

20 For the purposes of

section 28(2) of the Act, the following

information about regulated members or former members may be released to a

member of the public during regular business hours on request:

(

a) date of registration;

(

b) category of regulated member;

(

c) basis of qualification for registration;

(

d) date of birth, if required to establish identity;

(

e) name of the current employer or of the firm in which the

regulated member has a proprietary interest;

(

f) business phone number and fax, and e-mail address;

(

g) current status of a specific complaint, but only if the request

provides the regulated member's name and details of the complaint;

(

h) any other information requested if the information is in the

possession of the college and the regulated member or former member

authorizes its release in writing.

Information provided by regulated members and applicants

21(1) The registrar may require applicants for registration and regulated

members applying for practice permits to provide the following information:

(

a) demographic and forestry practice information, including

(

i) the applicant's full name and previous surname;

(ii) preferred form of address;

(iii) the applicant's date of birth;

(iv) the applicant's home address, phone number, fax

number and e-mail address;

(

v) the applicant's academic and practical training

qualifications and where and when they were obtained;

(vi) the applicant's areas of practice and any

specialties;

(vii) language(

s) in which the applicant provides

professional services;

(

b) employment information, including

(

i) the employer's name;

(ii) the employer's full address, phone and fax numbers

and e-mail address;

(iii) the applicant's job title and position description;

(iv) the applicant's employment status (full time, part

time);

(

v) the start date of the applicant's current

employment.

(2) The Registrar may require applicants for registration or regulated

members applying for practice permits to authorize the release of

information in order to verify the information provided by the applicants

or regulated members.

(3) Applicants and regulated members may, on request, review their records

at the college for the purpose of ensuring the information kept by the

college in accordance with the Act and bylaws is correct.

Maintenance of information

22 The college must maintain the following information for the following

periods of time:

(

a) for at least 10 years for information respecting suspension or

cancellation of a practice permit and any conditions imposed on the

regulated member's practice permit;

(

b) for at least 10 years for information respecting whether a

hearing is scheduled to be held or has been held under

Part 4 of the Act;

(

c) for at least 10 years for other information authorized by

section 89 of the Act and by the bylaws under

section 89(1) of the Act;

(

d) for at least 10 years for a copy of the ratified settlement and

for information on the decision and record of the hearing under

section

74(3) of the Act;

(

e) for at least 10 years for information maintained in accordance

with

section 27(3) and (4) of the Act.

Repeal

23 The Forestry Profession Regulation (AR 140/88) is repealed by this

Regulation.

Coming into force

24 This Regulation comes into force on the coming into force of the

Regulated Forestry Profession Act.

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

Alberta Regulation 76/2002

Regulated Forestry Profession Act

REGISTERED PROFESSIONAL FOREST TECHNOLOGISTS REGULATION

Filed: April 25, 2002

Approved by the Lieutenant Governor in Council (O.C. 183/2002) on April 24,

2002 pursuant to

section 100 of the Regulated Forestry Profession Act.

Definitions 1

Part 1

Registration

Division 1

General Registration

General requirements 2

Registration 3

Academic requirements 4

Forest technologists from recognized forestry organization 5

Other evidence of competence 6

Registration under

section 22(2)(

c) of Act 7

Division 2

Practice Permits

Conditions on practice permits 8

Division 3

Continuing Competence Program

Continuing competence requirements 9

Division 4

Reinstatement of Registration and Practice Permit

Reinstatement 10

Division 5

Categories of Regulated Members

Categories of members 11

Division 6

Registers

Registers established 12

Conditional Register 13

Temporary Register 14

Division 7

Use of Titles, Abbreviations and Initials

Use of title 15

Part 2

Public Information

Information in register 16

Information provided by regulated members 18

Maintenance of information 19

Part 3

Alternative Complaints Resolution Process

Alternative complaints resolution 20

Coming into force 21

Definitions

1(1) In this Regulation,

(a) "Act" means the Regulated Forestry Profession Act;

(b) "college" means the College of Alberta Professional Forest

Technologists;

section 12(1)(b);

(d) "mutual recognition agreement" means an agreement signed by the

college and provincial associations;

(e) "professional examination" means an examination approved by

council to assess an applicant's knowledge and understanding of Alberta

forested land policies and legislation;

(f) "provincial association" means an organization incorporated in

a province or territory of Canada other than Alberta that regulates

professional forest technologists;

(g) "recognized forestry organization" means a professional forest

technologist organization

(

i) recognized by the council as having similar

regulatory objectives to the college,

(ii) that grants a professional forest technologist

designation recognized by the council, and

(iii) that has competence and practice standards

recognized by the council as being substantially similar to those of the

college;

(h) "registered professional forest technologist" means the

category of regulated member referred to in

section 11 who meets the

requirements of

section 3, 5 or 6;

(i) "Registered Professional Forest Technologists Register" means

the register established under

section 12(1)(a);

(j) "Temporary Register" means the register established under

section 12(1)(c).

(2) The terms defined in

section 1 of the Act and

Schedule 2 to the Act

have the same meaning in this Regulation.

PART 1 REGISTRATION

Division 1

General Registration

General requirements

2(1) Each applicant for registration as a registered professional forest

technologist must provide to the registrar evidence, satisfactory to the

registrar of

(

a) being a Canadian citizen or a person lawfully permitted to work

or study in Canada, and

(

b) having good character and reputation.

(2) In determining whether an applicant is of good character and

reputation, the registrar must consider whether the applicant

(

a) has had a finding of unprofessional conduct or similar finding

made against the applicant by any professional organization, and any orders

made in consequence,

(

b) has any outstanding charges under the criminal law of any

country,

(

c) has been convicted of a criminal offence in any country,

(

d) has been found guilty of a breach of a university or similar

code of conduct or of an academic infraction at any post-secondary

education institution, and

(

e) has any outstanding complaints or discipline matters with any

professional organization with which the applicant is or has been

registered.

(3) In addition to the matters referred to in subsections (1) and (2), the

registrar may consider

(

a) character references,

(

b) information on steps taken to overcome and evidence that the

applicant has overcome the competence or ethical issues related to

subsections (1) and (2), and

(

c) mitigating factors provided by the applicant.

Registration

3 For purposes of

section 22(2)(

a) of the Act, an applicant for

registration as a registered professional forest technologist must provide

to the registrar evidence satisfactory to the registrar that the following

requirements have been met:

(

a) the academic requirements under

section 4;

(

b) the grade or performance requirements prescribed by the council

on the professional examination.

Academic requirements

4 The academic requirements consist of

(

a) a diploma in forest technology from NAIT or from a

post-secondary education program approved by council, or

(

b) meeting the grade or performance requirements prescribed by the

council on courses and examinations approved by the council in core

competency areas approved by the council, including but not limited to the

following:

(

i) botany, silvics and forest ecosystems;

(ii) forest soils;

(iii) wildlife and fisheries;

(iv) timber management;

(

v) remote sensing;

(vi) forest land use;

(vii) silviculture;

(viii) forest measurements;

(ix) forest engineering, harvesting and utilization;

(

x) forest fire management, forest insects (entomology)

and forest diseases (pathology);

(xi) forest policies and legislation.

Forest technologists from recognized forestry organization

5(1) For the purposes of

section 22(2)(

b) of the Act, if the applicant for

registration as a registered professional forest technologist is registered

by a recognized forestry organization or by a provincial association that

the council recognizes through a mutual recognition agreement, the

applicant must provide evidence satisfactory to the registrar that

(

a) the applicant is registered in good standing with that

recognized forestry organization or provincial association and is not

subject to any professional practice conditions,

(

b) the applicant's current registration in the recognized forestry

organization or provincial association does not fall into a category of

non-practising or temporary member,

(

c) the applicant meets the good character and reputation

requirements referred to in

section 2, and

(

d) the applicant meets the grade or performance requirements

prescribed by the council on the professional examination.

(2) An applicant who has met the requirements of subsection (1)(a), (

b) and (

c) and is attempting to meet the requirements of subsection (1)(

d) may

apply to the registrar for registration on the Conditional Register.

Other evidence of competence

6 An applicant who does not meet the requirements of

section 4 or 5 may

provide evidence of competence for the purposes of

section 22(2)(

c) of the

Act in accordance with

section 7.

Registration under

section 22(2)(

c) of Act

7(1) An applicant may provide evidence of competence under

section

22(2)(

c) of the Act by providing to the registration committee satisfactory

evidence of

(

a) grades and performance achieved in academic, educational and

other relevant studies substantially equivalent to that required in

section

a) or successful completion of any courses, examinations or experience

prescribed by the registration committee to demonstrate substantially

equivalent competence to that required in

section 4(b),

(

b) meeting the grade or performance requirements prescribed by the

council on the professional examination,

(

c) membership in good standing with organizations relevant to the

forestry profession, the regulated standards and requirements of such

organizations and activities completed in such organizations,

(

d) relevant professional development activities completed, and

(

e) other relevant qualifications, accomplishments, abilities and

competencies.

(2) For purposes of subsection (1), the evidence must be presented in

writing and may be supplemented by personal representations from the

applicant or from other individuals, at the request of the registration

committee.

(3) An applicant who has met the requirements of subsection (1)(a), (c),

(

d) and (

e) and is attempting to meet the requirements of subsection (1)(

b) may apply to the registrar for registration in the Conditional Register.

Division 2

Practice Permits

Conditions on practice permits

8(1) One or more of the following conditions may be imposed on a practice

permit of a regulated member registered in the Conditional Register or the

Temporary Register by the registration committee or by the competence

committee:

(

a) completion of any examinations, testing, assessment,

apprenticeship, experience or counselling;

(

b) a requirement to practice under the supervision of a registered

professional forest technologist;

(

c) a requirement to limit the regulated member's practice to

specified practice areas or practice settings and a prohibition from

practising in other practice areas or practice settings;

(

d) a requirement to report to the registrar on specified matters

at specified dates;

(

e) a provision that the practice permit is valid only for a

specified time;

(

f) a provision that the regulated member may only use specified

titles;

(

g) a provision prohibiting supervision of regulated members of the

college.

(2) One or more of the following conditions may be imposed on a practice

permit of a regulated member registered in the Registered Professional

Forest Technologists Register by the registration committee or by the

competence committee:

(

a) completion of the continuing competence requirements within a

specified time;

(

b) a requirement to practice under the supervision of a registered

professional forest technologist;

(

c) a requirement to report to the registrar on specified matters

on specified dates;

(

d) a provision that the practice permit is valid only for a

specified time;

(

e) a provision that the regulated member may only use specified

titles.

Division 3

Continuing Competence Program

Continuing competence requirements

9 Regulated members must

(

a) comply with the continuing competence program requirements,

(

b) maintain accurate and complete records of activities in the

continuing competence program, and

(

c) on request of the competence committee submit documentation in

a form approved by council demonstrating compliance with the continuing

competence program.

Division 4

Reinstatement of Registration and Practice Permit

Reinstatement

10(1) An investigated person whose registration or practice permit was

cancelled under

Part 4 of the Act must comply with all orders or any

conditions specified by the hearing tribunal, council or Court of Appeal,

as the case may be, before being entitled to apply for reinstatement of

registration or of a practice permit.

(2) Unless otherwise provided in the Act or this Regulation, an

investigated party whose registration or practice permit was cancelled

under

Part 4 of the Act may not apply to the registration committee for

reinstatement within one year of the cancellation.

(3) An applicant for reinstatement referred to in subsection (1) must

(

a) comply with the requirements of this section;

(

b) provide satisfactory evidence to the registration committee of

meeting the requirements of subsection (2);

(

c) meet any education requirements specified by the registration

committee;

(

d) pay a reinstatement fee as provided by the bylaws;

(

e) satisfy any other terms or conditions specified by the

registration committee.

(4) The registration committee may order the reinstatement of a

registration or practice permit cancelled under

Part 4 of the Act if all

orders have been complied with and any conditions set at the time of the

cancellation have been met.

(5) Sections 23 to 26 of the Act apply to all applications for

reinstatement of registration and sections 34 and 35 of the Act apply to

all applications for reinstatement of a practice permit after cancellation.

Division 5

Categories of Regulated Members

Categories of members

11 Registered professional forest technologists are established as a

category of regulated member.

Division 6

Registers

Registers established

12(1) The following registers are established:

(

a) the Registered Professional Forest Technologists Register;

(

b) the Conditional Register;

(

c) the Temporary Register.

(2) Those applicants who have met all of the requirements for registration

as registered professional forest technologists must be entered into the

Registered Professional Forest Technologists Register, the Conditional

Register or the Temporary Register.

Conditional Register

13(1) An applicant referred to under

section 5 or 7(3) who has satisfied

all the registration requirements except for passing the professional

examination and has applied to write the professional examination, or is

waiting for the results of the professional examination, may be entered

into the Conditional Register.

(2) A regulated member entered in the Conditional Register is entitled to

hold a practice permit until one of the following occurs, whichever is

earlier:

(

a) the regulated member is entered into the Registered

Professional Forest Technologists Register;

(

b) the regulated member is unsuccessful in the professional

examination;

(

c) one year has elapsed from the date the regulated member was

entered into the Conditional Register.

(3) A regulated member entered in the Conditional Register may apply to

the registration committee to be entered in the Registered Professional

Forest Technologists Register by providing to the registration committee

evidence that the registrant has successfully completed the professional

examination.

Temporary Register

14(1) An applicant may be entered in the Temporary Register if the

applicant provides evidence satisfactory to the registration committee

(

a) that the applicant's primary residence is outside Alberta,

(

b) that the applicant complies with the requirements of

section 2,

(

c) that the applicant is competent, and

(

d) why registration is required and the period of time for which

it is requested.

(2) A regulated member who is entered in the Temporary Register and whose

primary residence is outside of Alberta is entitled to hold a practice

permit until one of the following occurs, whichever is earliest:

(

a) the term of the practice permit necessary to complete the

purpose for which registration is granted has expired;

(

b) a period of not more than 6 consecutive months in one

registration year has elapsed.

(3) A regulated member registered on the Temporary Register and whose

primary residence is outside of Alberta may apply to the registration

committee for renewal of a practice permit by submitting a written request

for the renewal of the practice permit specifying the reasons for the

renewal.

Division 7

Use of Titles, Abbreviations and Initials

Use of title

15(1) Only regulated members on the Registered Professional Forest

Technologists Register, Conditional Register or Temporary Register may use

the following titles, abbreviations and initials:

(a) "Registered Professional Forest Technologist", "R.P.F.T." or

"RPFT";

(b) "Registered Forest Technologist", "R.F.T." or "RFT";

"PForTech".

(2) If the practice permit or registration of a regulated member has been

suspended or cancelled under the Act, the member must not use any of the

protected titles, abbreviations or initials of the profession during the

period of suspension.

PART 2 PUBLIC INFORMATION

Information in register

16 Following the suspension or cancellation of a regulated member's

registration or practice permit, the following information must be entered

into the appropriate register:

(

a) the date of suspension or cancellation;

(

b) the period of suspension;

(

c) the reason for the suspension or cancellation.

17 For the purposes of

section 28(2) of the Act, the following

information about regulated members or former regulated members must be

entered in the appropriate category of register and provided on request:

(

a) date of registration;

(

b) category of regulated member;

(

c) basis of qualification for registration;

(

d) date of birth, if required to establish identity;

(

e) name of the regulated member's current employer or firm in

which the regulated member has a proprietary interest;

(

f) business phone number, fax number and e-mail address;

(

g) current status of a specific complaint, but only if the request

provides the regulated member's name and details of the complaint;

(

h) any other information requested if the information is in the

possession of the college and the regulated member or former regulated

member authorizes its release in writing.

Information provided by regulated members

18(1) The registrar may require applicants for registration and regulated

members applying for practice permits to provide the following information:

(

a) demographic and forestry practice information, including

(

i) the applicant's full name and previous surname;

(ii) preferred form of address;

(iii) the applicant's date of birth;

(iv) the applicant's home address, phone number, fax

number and e-mail address;

(

v) the applicant's academic and practical training

qualifications and where and when they were obtained;

(vi) the applicant's areas of practice and any

specialties;

(vii) language(

s) in which the applicant provides

professional services;

(

b) employment information, including

(

i) the employer's name;

(ii) the employer's full address, phone and fax numbers

and e-mail address;

(iii) the applicant's job title and position description;

(iv) the applicant's employment status (full time, part

time);

(

v) the start date of the applicant's current

employment.

(2) The registrar may require applicants for registration or regulated

members applying for practice permits to authorize the release of

information in order to verify the information provided by the applicants

or regulated members.

(3) Applicants and regulated members may, on request, review their records

at the college for the purpose of ensuring the information kept by the

college in accordance with the Act and the bylaws is correct.

Maintenance of information

19 The college must maintain information for the following periods of

time:

(

a) for at least 10 years for information respecting suspension or

cancellation of a practice permit and any conditions imposed on the

regulated member's practice permit;

(

b) for at least 10 years for information respecting whether a

hearing is scheduled to be held or has been held under

Part 4 of the Act;

(

c) for at least 10 years for other information authorized by

section 89 of the Act and by the bylaws under

section 89(1) of the Act;

(

d) for at least 10 years for a copy of the ratified settlement and

for information on the decision and record of the hearing under sections

74(3) of the Act;

(

e) for at least 10 years for information maintained in accordance

with

section 27(3) and (4) of the Act.

PART 3 ALTERNATIVE COMPLAINTS RESOLUTION PROCESS

Alternative complaints resolution

20(1) The person conducting an alternative complaints resolution process

must

(

a) be acceptable to the investigated person and the complainant,

and

(

b) by written agreement, establish the procedures to be used in

the alternative complaints resolution process in consultation with the

investigated person and the complainant.

(2) A written agreement made pursuant to subsection (1) must be signed by

the investigated person, the complainant and the college before the

alternative complaints resolution process commences.

Coming into force

21 This Regulation comes into force on the coming into force of the

Regulated Forestry Profession Act.

Alberta Regulation 77/2002

Regulated Forestry Profession Act

EXPENSES AND REVIEW FEES REGULATION

Filed: April 25, 2002

Made by the Lieutenant Governor in Council (O.C. 184/2002) on April 24,

2002 pursuant to

section 103 of the Regulated Forestry Profession Act.

Expenses re investigation or hearing

1 Where a hearing tribunal in accordance with

section 71(1)(

h) of the Act

or the council in accordance with

section 78(6) of the Act has ordered or

directed the investigated person to pay all or part of the expenses of an

investigation or hearing or both, the expenses may include but are not

restricted to

(

a) expenses of an expert to assess and provide a written report on

the subject-matter of the complaint,

(

b) legal fees and other legal expenses for legal services provided

to the college, complaints director and hearing tribunal,

(

c) travel expenses and a daily allowance, as determined by the

council, for the complaints director, investigator and members of the

hearing tribunal who are not public members,

(

d) expert and other witness fees and expenses,

(

e) costs of creating a record of the proceedings and transcripts,

(

f) costs of serving notices and documents, and

(

g) any other expenses incurred by the college directly

attributable to the investigation or hearing or both.

Expenses re appeal

2 Where the council in accordance with

section 78(6) of the Act has

directed the investigated party to pay all or part of the expenses related

to an appeal, the expenses may include but are not restricted to

(

a) legal fees and other legal expenses for legal services provided

to the college, complaints director and council,

(

b) travel expenses and a daily allowance, as determined by the

council, for the complaints director and members of the council who are not

public members,

(

c) costs of creating a record of the proceedings and transcripts,

(

d) costs of serving notices and documents, and

(

e) any other expenses incurred by the college directly

attributable to the appeal.

Fees for review

3 Pursuant to sections 25(6) and 35(8) of the Act, the college may charge

a fee to a person requesting a review under

section 25 or 35 of the Act as

follows:

(

a) in the case of a review under

section 25 of the Act, a fee not

to exceed the fee for registration paid by the applicant;

(

b) in the case of a review under

section 35 of the Act, a fee not

to exceed the fee paid by the applicant for issuing or renewing the

practice permit.

Coming into force

4 This Regulation comes into force on the coming into force of the

Regulated Forestry Profession Act.

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

Alberta Regulation 78/2002

Provincial Court Act

Court of Queen's Bench Act

PROVINCIAL JUDGES AND MASTERS IN CHAMBERS REGISTERED AND

UNREGISTERED PENSION PLANS AMENDMENT REGULATION

Filed: April 25, 2002

Made by the Lieutenant Governor in Council (O.C. 192/2002) on April 24,

2002 pursuant to

section 9.52 of the Provincial Court Act and

section 16 of

the Court of Queen's Bench Act.

1 The Provincial Judges and Masters in Chambers Registered and

Unregistered Pension Plans (AR 196/2001) is amended by this Regulation.

Schedule 1 is amended by adding the following after

section 71.1:

Transitional - interest relief for non-electing judges

71.2 Where a judge or former judge is entitled to, but does not,

make the election under

section 71.1, then, notwithstanding

section 62,

that person is not liable to pay the interest referred to in

section

71.1(d)(

i) with respect to any period before January 1, 2003.

Schedule 2 is amended by sections 4 to 9.

Section 15(1)(c)(

i) is amended by striking out "after December 31, 1991

and".

Section 16 is amended by striking out "No" and substituting

"Notwithstanding anything in this Plan except sections 27(1)(a), 36 and 37,

no".

Section 16.1 is amended by striking out "pensionable service under that

Plan after 1991" and substituting "specific pensionable service under that

Plan".

Section 27(1)(

a) is amended by adding "and, if applicable, 2% of the

difference between the highest average salary and the highest average

salary within the meaning of

section 14(1)(

b) of the Registered Plan

multiplied by the years of pensionable service that occurred before 1992"

after "1998".

8 The following is added after

section 35:

Spouse's benefit for pre-1992 service

36 Where there is a surviving spouse, the spouse is entitled to

receive a pension for life in an amount equal to 3/4 of that part of the

normal pension, if any, that is based on pensionable service before 1992.

Benefits to other beneficiaries for pre-1992 service

37 Where there is no surviving spouse,

(

a) the deceased is deemed to have chosen a pension in

the form specified in

section 29(1)(

a) of the Registered Plan based on a

normal pension, if any, with respect to pensionable service that occurred

before 1992, on a 10-year term basis if he or she had not made a valid

choice as to the form of pension to be taken, and

(

b) if such a choice had been made, the pension is

payable in accordance with that choice.

9 The following is added after

section 71.1:

Transitional - interest relief for non-electing judges

71.2 Where a judge or former judge is entitled to, but does not,

make the election under

section 71.1 of the Registered Plan, then,

notwithstanding

section 62, that person is not liable to pay the interest

under this Plan referred to in

section 71.1(d)(

i) of the Registered Plan

with respect to any period before January 1, 2003.

10 This Regulation is deemed to have come into force on April 1, 1998.

Alberta Regulation 79/2002

Health Professions Act

REGISTERED DIETITIANS AND REGISTERED NUTRITIONISTS

PROFESSION REGULATION

Filed: April 25, 2002

Approved by the Lieutenant Governor in Council (O.C. 193/2002) on April 24,

2002 pursuant to

section 131 of the Health Professions Act.

Definitions 1

Regulated member register 2

Registration

General register 3

Equivalent jurisdiction 4

Equivalent competence 5

Temporary register 6

Courtesy register 7

Character, reputation and information 8

Restricted Activities

Restricted activities qualifications 9

Restricted activities 10

Supervision of restricted activities 11

Practice Permit

Conditions 12

Renewal of practice permit 13

Continuing Competence Requirements

Continuing competence 14

Evidence to committee 15

Reviews 16

Titles and Initials

Protected titles and initials 17

Alternative Complaint Resolution

Process conductor 18

Agreement 19

Confidentiality 20

Leaving the process 21

Reinstatement of Registration and Practice Permits

Applying for reinstatement 22

Decision 23

Review 24

Access to decision 25

Information

Information under s33 of the Act 26

Providing information 27

Transitional Provisions, Repeals,

and Coming into Force

Transitional 28

Repeal 29

Coming into force 30

Definitions

1 In this Regulation,

(a) "College" means the College of Dietitians of Alberta;

(b) "Complaints Director" means the Complaints Director of the

College;

(d) "equivalent jurisdiction" means a jurisdiction recognized by

the Council in accordance with

section 4;

(e) "Registrar" means the Registrar of the College;

(f) "Registration Committee" means the Registration Committee of

the College;

(g) "registration examination" means a registration examination

approved by the Council;

(h) "registration year" means April 1 to the next following March

Regulated member register

2 The regulated members register established by the Council under

section

33(1)(

a) of the Act has the following categories:

(

a) general register;

(

b) temporary register;

(

c) courtesy register.

Registration

General register

3(1) An applicant for registration as a regulated member on the general

(

a) have

(

i) graduated with a Baccalaureate degree in foods and

nutrition from a program approved by the Council,

(ii) successfully completed a dietetic internship or a

practicum from a program approved by the Council, and

(iii) successfully completed the registration

examination,

(

b) have

(

i) graduated with a Masters or Doctoral degree from a

program approved by the Council,

(ii) successfully met the competency standards required

for graduate students approved by the Council, and

(iii) successfully completed the registration

examination.

(2) An applicant for registration under subsection (1) must have completed

the requirements set out in subsection (1) within 3 years of the date the

Registrar receives a complete application.

(3) An applicant who does not meet the requirements of subsection (2) must

successfully complete the requirements for academic and experiential

upgrading as directed by the Registrar or the Registration Committee.

Equivalent jurisdiction

4 A person currently registered in another jurisdiction recognized by the

Council under

section 28(2)(

b) of the Act as having substantially

equivalent registration requirements is eligible for registration on the

general register if the person's registration is in good standing in the

other jurisdiction and the person is not a temporary or non-regulated

member in that jurisdiction.

Equivalent competence

5(1) An applicant who does not meet the requirements under

section 3 or 4

but whose qualifications have been determined by the Registrar or

Registration Committee to be substantially equivalent to the registration

requirements set out in

section 3 is eligible for registration on the

general register.

(2) For the purposes of subsection (1), the Registrar or the Registration

Committee may require the applicant to undertake one or more of the

following:

(

a) prior learning assessments;

(

b) language fluency assessments;

(

c) learning modules;

(

d) practicums;

(

e) practical experience assessments;

(

f) competence assessments;

(

g) examinations;

(

h) any other asses

Document details

Collection	Alberta — Gazette
Citation	0515 ii
Type	gazette
Volume / chapter	0515 ii
Language	en
Format	html
Source	PROVINCIAL
Identifier	34d15dc512f404a75db04629635a8109f420603e

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