Alberta Gazette — 29 April 2023 (Part II)
29 April 2023
Alberta — Gazette
Alberta Regulation 83/2023
Workers' Compensation Act
FIREFIGHTERS' PRIMARY SITE CANCER
AMENDMENT REGULATION
Filed: April 5, 2023
For information only: Made by the Lieutenant Governor in Council (O.C. 140/2023)
on April 5, 2023 pursuant to
section 24.1 of the Workers' Compensation Act.
1 The Firefighters' Primary Site Cancer Regulation
(AR 102/2003) is amended by this Regulation.
2 The table in
section 2 is amended
(
a) by striking out
Primary site colorectal cancer 20 years
and substituting
Primary site colorectal cancer 15 years
(
b) by adding
A primary site mesothelioma 15 years
A primary site pancreatic cancer 10 years
A primary site soft tissue sarcoma 15 years
A primary site thyroid cancer 10 years
after
Multiple myeloma 15 years
--------------------------------
Alberta Regulation 84/2023
Labour Mobility Act
LABOUR MOBILITY REGULATION
Filed: April 5, 2023
For information only: Made by the Lieutenant Governor in Council (O.C. 143/2023)
on April 5, 2023 pursuant to
section 24 of the Labour Mobility Act.
Table of Contents
Definitions
2 Application requirements
3 No reassessment of education, competency,
training or work experience
4 Knowledge of matters in Alberta
5 Language proficiency
6 No less favourable requirements
7 Registration
8 No less favourable decision
9 Legitimate objectives
10 Notice of audit, audit scope and audit standards
11 Auditor qualifications
12 Auditor duties
13 Auditor's fees and expenses
Schedule 1 of the Act
15 Review
16 Coming into force
Definitions
1 In this Regulation,
(a) "current registering body" means a body in another province
or territory in Canada other than Alberta with which a labour
mobility applicant is currently registered that regulates the
same profession that the labour mobility applicant is applying
to be registered in with an Alberta regulatory body;
(b) "language of practice" means a language of practice, as
specified by a regulatory body, for the profession that a
regulatory body regulates;
(c) "past registering body" means a body in a province or
territory in Canada other than Alberta with which a labour
mobility applicant was registered but is no longer registered
with that regulates the same profession that the labour
mobility applicant is applying to be registered in with an
Alberta regulatory body.
Application requirements
2 For the purpose of
section 6(1)(
b) of the Act, in order for a
regulatory body to make a registration decision in relation to a labour
mobility applicant, the regulatory body may require a labour mobility
applicant to do any of the following:
(
a) request that one or more current registering bodies of the
labour mobility applicant provide the regulatory body
directly with
(
i) a certificate, letter or other evidence regarding whether
the labour mobility applicant is in good standing in the
relevant profession with the current registering body,
(ii) a statement regarding whether the labour mobility
applicant has good character, as determined by the
current registering body, and
(iii) a statement regarding whether any restriction, limitation
or condition has been imposed on the labour mobility
applicant by the current registering body and, if so, that
identifies the restriction, limitation or condition;
(
b) request that one or more current registering bodies or one or
more past registering bodies provide the regulatory body
directly with a statement
(
i) regarding whether the current registering body or past
registering body is aware of any complaints,
investigations, disciplinary proceedings or criminal
proceedings relating to the competency, conduct or
character of the labour mobility applicant that are
ongoing or completed, and
(ii) identifying and providing particulars of any such
complaint, investigation, disciplinary proceeding or
criminal proceeding, including the outcome of the
complaint, investigation or proceeding, if any;
(
c) if the regulatory body has a similar requirement for
applicants who are not labour mobility applicants, require a
labour mobility applicant to
(
i) provide administrative information that is required to
facilitate the registration of the labour mobility
applicant, including but not limited to the labour
mobility applicant's name and contact information,
(ii) provide proof of identity,
(iii) pay an application or processing fee,
(iv) obtain and provide proof of insurance or malpractice
coverage or similar protection,
(
v) post a bond and provide proof that the bond has been
posted,
(vi) provide one or more criminal record checks or
vulnerable sector checks from any jurisdiction,
(vii) provide the result obtained by the labour mobility
applicant on an assessment of the labour mobility
applicant's knowledge of matters applicable to the
practice of the relevant regulated profession in Alberta,
and
(viii) provide proof that the labour mobility applicant is
proficient in a language of practice
(
A) by providing proof from a current registering body
or past registering body that the labour mobility
applicant has met a requirement to demonstrate
proficiency in that language of practice imposed
by that current registering body or past registering
body,
(
B) by providing proof that the labour mobility
applicant has completed a language proficiency
assessment in that language of practice that meets
the standards established by the regulatory body
and has obtained a result that is satisfactory to the
regulatory body,
(
C) by providing a letter or other evidence from an
employer confirming that the labour mobility
applicant is competent to practise the regulated
profession in that language of practice,
(
D) by providing proof that the labour mobility
applicant has completed professional education in
that language of practice,
(
E) by providing proof that the labour mobility
applicant has completed secondary schooling in
that language of practice, or
(
F) if the labour mobility applicant cannot provide any
of the things described in paragraphs (
A) to (E), or
chooses not to provide proof that the labour
mobility applicant is proficient in that language of
practice by providing any of the things described
in paragraphs (
A) to (E), by
(
I) completing a language proficiency
assessment in that language of practice, and
(II) providing the result of that assessment
obtained by the labour mobility applicant to
the regulatory body;
(
d) provide a declaration that the information provided to the
regulatory body by the labour mobility applicant under clause
(
c) is true and accurate.
No reassessment of education, competency,
training or work experience
3 A regulatory body must accept a current registering body's
assessment of the education, competency, training or work experience
of a labour mobility applicant and must not use a requirement imposed
by the regulatory body on a labour mobility applicant under
section
2(c)(
i) to collect information for the purpose of reassessing the
education, competency, training or work experience of the labour
mobility applicant.
Knowledge of matters in Alberta
4(1) If a regulatory body imposes a requirement on a labour mobility
applicant to provide the result of an assessment of the labour mobility
applicant's knowledge of matters applicable to the practice of the
relevant regulated profession in Alberta to the regulatory body under
section 2(c)(vii), the regulatory body must, subject to subsection (2),
(
a) offer a labour mobility applicant the opportunity to complete
that assessment or, if the assessment is being conducted by a
third party, ensure that the third party offers a labour mobility
applicant the opportunity to complete that assessment, and
(
b) provide the labour mobility applicant with the results of that
assessment or ensure that any third party conducting the
assessment provides the labour mobility applicant with the
results of that assessment
within a reasonable period of time of the labour mobility applicant
submitting their application.
(2) Subsection (1) does not apply if a regulatory body will accept the
result of an assessment of the labour mobility applicant's knowledge of
matters applicable to the practice of the relevant regulated profession
in Alberta that has already been completed.
(3) If a regulatory body directly or indirectly administers an
assessment of a labour mobility applicant's knowledge of matters
applicable to the practice of the relevant regulated profession in
Alberta, any requirement imposed on a labour mobility applicant to
provide the result of such an assessment is deemed to be met when the
result of the assessment is available to the regulatory body.
(4) A requirement for a labour mobility applicant to provide the result
of an assessment of the labour mobility applicant's knowledge of
matters applicable to the practice of the relevant regulated profession
in Alberta must not be used to impose a requirement on a labour
mobility applicant to perform material additional training, obtain
material additional experience or complete material additional
examinations or assessments.
Language proficiency
5(1) For the purposes of
section 2(c)(viii), a labour mobility applicant
may choose to provide any form of proof that the labour mobility
applicant is proficient in a language of practice that is described in
paragraphs (
A) to (
F) of that subclause.
(2) For the purpose of
section 2(c)(viii)(C), a labour mobility
applicant may not provide a letter or other evidence on the labour
mobility applicant's own behalf confirming that the labour mobility
applicant is competent to practise the regulated profession in the
language of practice.
No less favourable requirements
6(1) Subject to subsections (2)(
c) and (3), a regulatory body shall not
establish requirements for a labour mobility applicant's application
that are less favourable than the requirements a regulatory body would
impose on an applicant for registration who is not a labour mobility
applicant.
(2) Without limiting the generality of subsection (1), a requirement
imposed by a regulatory body on a labour mobility applicant
(
a) must not create a disguised restriction on labour mobility,
(
b) must, subject to clause (c), be the same as or substantially
similar to, but no more onerous than, those imposed by the
regulatory body on an applicant for registration who is not a
labour mobility applicant, and
(
c) must not impose a fee that is higher than the fee imposed by
the regulatory body on an applicant who is not a labour
mobility applicant, unless the higher fee is required to cover
an actual cost differential
(
i) that a regulatory body must incur in relation to an
application from a labour mobility applicant, or
(ii) that a labour mobility applicant must incur in relation to
fulfilling a legitimate objective.
(3) Despite subsection (2)(b), a regulatory body may require a labour
mobility applicant to request that a current registering body of the
labour mobility applicant provide the regulatory body directly with a
certificate, letter or other evidence regarding whether the labour
mobility applicant is in good standing in the relevant profession with
the current registering body, in accordance with
section 2(a)(i).
Registration
7(1) Subject to this
section and
section 9, where a labour mobility
applicant has provided proof of current registration in a province or
territory in Canada other than Alberta and has met all other
requirements imposed by a regulatory body under
section 2, the
regulatory body shall register the labour mobility applicant without
restrictions, limitations or conditions.
(2) If one or more current registering bodies have provided the
regulatory body directly with a certificate, letter or other evidence
regarding whether the labour mobility applicant is in good standing in
the relevant profession with the current registering body, and a
certificate, letter or other evidence from a current registering body
indicates that the labour mobility applicant is not in good standing, the
regulatory body may refuse to register the labour mobility applicant or
may register the labour mobility applicant without restrictions,
limitations or conditions.
(3) If one or more current registering bodies have provided the
regulatory body directly with a statement regarding whether the labour
mobility applicant has good character, as determined by the current
registering body, and a statement of a current registering body
indicates that the labour mobility applicant does not have good
character, the regulatory body may
(
a) refuse to register the labour mobility applicant if the
regulatory body considers it necessary to protect the public
interest as a result of concerns relating to the character or
conduct of the labour mobility applicant,
(
b) register the labour mobility applicant with restrictions,
limitations or conditions if the regulatory body considers it
necessary to protect the public interest as a result of concerns
relating to the character or conduct of the labour mobility
applicant, or
(
c) register the labour mobility applicant without restrictions,
limitations or conditions if the regulatory body considers it to
be in the public interest.
(4) If one or more current registering bodies have provided the
regulatory body directly with a statement regarding whether any
restriction, limitation or condition has been imposed on the labour
mobility applicant by the current registering body, the regulatory body
may assess any restriction, limitation or condition imposed by a current
registering body and may
(
a) apply an equivalent restriction, limitation or condition,
(
b) refuse to register the labour mobility applicant if no equivalent
restriction, limitation or condition could be applied to an
applicant for registration who is not a labour mobility
applicant or to a registrant of the regulatory body, or
(
c) register the labour mobility applicant without restrictions,
limitations or conditions.
(5) If one or more current registering bodies or past registering bodies
have provided the regulatory body directly with a statement regarding
whether the current registering body or past registering body is aware
of any complaints, investigations, disciplinary proceedings or criminal
proceedings relating to the competency, conduct or character of the
labour mobility applicant that are ongoing or completed,
(
a) the regulatory body may register the labour mobility
applicant without restrictions, limitations or conditions if the
regulatory body considers it to be in the public interest, or
(
b) if the regulatory body considers it to be necessary to protect
the public interest as a result of concerns relating to the
competency, conduct or character of the labour mobility
applicant based on the information contained in a statement,
the regulatory body may refuse to register the labour mobility
applicant or may register the labour mobility applicant with
restrictions, limitations or conditions.
(6) If a labour mobility applicant has provided one or more of the
criminal record checks or vulnerable sector checks required under
section 2(c)(vi),
(
a) the regulatory body may register the labour mobility
applicant without restrictions, limitations or conditions if the
regulatory body considers it to be in the public interest, or
(
b) if any of the checks required by a regulatory body are not
submitted in a form and manner that is satisfactory to the
regulatory body, or if the regulatory body considers it to be
necessary to protect the public interest as a result of concerns
relating to the competency, conduct or character of the labour
mobility applicant, the regulatory body may refuse to register
the labour mobility applicant or may register the labour
mobility applicant with restrictions, limitations or conditions.
(7) If a labour mobility applicant has provided the result obtained by
the labour mobility applicant on an assessment of the labour mobility
applicant's knowledge of matters applicable to the practice of the
relevant profession in Alberta, and
(
a) the assessment has not been approved by, or does not meet
the standards of, the regulatory body,
(
b) the result is not provided in a form and manner that is
satisfactory to the regulatory body, or
(
c) the result does not meet the regulatory body's standards,
the regulatory body may refuse to register the labour mobility
applicant or may register the labour mobility applicant without
restrictions, limitations or conditions.
(8) If a labour mobility applicant has provided the result of a language
proficiency assessment under
section 2(c)(viii)(
F) and
(
a) the language proficiency assessment has not been approved
by, or does not meet the standards of, the regulatory body,
(
b) the result is not provided in a form or manner that is
satisfactory to the regulatory body, or
(
c) the result of the assessment does not meet the regulatory
body's standards,
the regulatory body may refuse to register the labour mobility
applicant or may register the labour mobility applicant without
restrictions, limitations or conditions.
(9) A regulatory body may refuse to register a labour mobility
applicant or may register a labour mobility applicant without
restrictions, limitations or conditions in the following circumstances:
(
a) if a labour mobility applicant has provided administrative
information under
section 2(c)(i), but the information is not
satisfactory to the regulatory body, or has not been provided
in a form and manner that is satisfactory to the regulatory
body;
(
b) if a labour mobility applicant has provided proof of identity
under
section 2(c)(ii), but the proof has not been provided in
a form and manner that is satisfactory to the regulatory body;
(
c) if a labour mobility applicant has paid an application or
processing fee under
section 2(c)(iii), but it is not in an
amount that is satisfactory to the regulatory body, or is not
paid in a manner that is satisfactory to the regulatory body;
(
d) if a labour mobility applicant
(
i) has obtained insurance or malpractice coverage or
similar protection under
section 2(c)(iv) that is not in an
amount satisfactory to the regulatory body or is
otherwise not satisfactory to the regulatory body, or
(ii) has provided proof of this coverage or protection, but
the proof has not been provided in a form and manner
that is satisfactory to the regulatory body;
(
e) if a labour mobility applicant
(
i) has posted a bond under
section 2(c)(
v) that is not in an
amount satisfactory to the regulatory body, is not posted
in a form and manner that is satisfactory to the
regulatory body or is otherwise not satisfactory to the
regulatory body, or
(ii) has provided proof that the bond has been posted, but
the proof has not been provided in a form and manner
that is satisfactory to the regulatory body;
(
f) if a labour mobility applicant has provided proof that the
labour mobility applicant is proficient in a language of
practice under
section 2(c)(viii), but the proof has not been
provided in a form and manner that is satisfactory to a
regulatory body;
(
g) if a labour mobility applicant has provided a declaration that
the information provided to the regulatory body by the labour
mobility applicant under
section 2(
c) is true and accurate, but
the declaration has not been provided in a form and manner
that is satisfactory to the regulatory body.
No less favourable decision
8(1) Subject to subsections (2)(
d) and (3), when making a registration
decision with respect to a labour mobility applicant, a regulatory body
shall not treat a labour mobility applicant less favourably than it would
treat an applicant for registration who is not a labour mobility
applicant, or a registrant of the regulatory body, in the same
circumstances.
(2) Without limiting the generality of subsection (1), a regulatory
body
(
a) must not make a registration decision in respect of a labour
mobility applicant in a way that creates a disguised
restriction on labour mobility,
(
b) must apply a standard to a decision on whether to register a
labour mobility applicant that is the same as, or substantially
similar to, but no more onerous than, the standard applied to
an applicant who is not a labour mobility applicant,
(
c) must only impose a restriction, limitation or condition on a
labour mobility applicant if the restriction, limitation or
condition is the same as, or substantially similar to, but no
more onerous than, a restriction, limitation or condition
imposed on an applicant for registration who is not a labour
mobility applicant, or on a registrant of the regulatory body,
in the same circumstances, and
(
d) must not make a registration decision to impose a restriction,
limitation or condition on a labour mobility applicant in a
way that imposes a fee that is higher than the fee imposed by
the regulatory body on an applicant who is not a labour
mobility applicant, unless the higher fee is required to cover
an actual cost differential
(
i) that a regulatory body must incur in relation to a
registration decision in respect of a labour mobility
applicant, or
(ii) that a labour mobility applicant must incur in relation to
fulfilling a legitimate objective.
(3) Nothing in subsection (1) or (2)(
b) limits a regulatory body's
ability to consider a certificate, letter or other evidence regarding
whether a labour mobility applicant is in good standing with a current
registering body and to make a registration decision on that basis.
Legitimate objectives
9 A regulatory body with a legitimate objective may
(
a) register a labour mobility applicant with restrictions,
limitations or conditions,
(
b) register a labour mobility applicant without restrictions,
limitations or conditions, or
(
c) refuse to register a labour mobility applicant,
in accordance with the legitimate objective.
Notice of audit, audit scope and audit standards
10(1) The Minister shall include the following information in a notice
given to a regulatory body under
section 12(2) of the Act:
(
a) the date by which the audit is to begin;
(
b) the date by which the audit is to be completed;
(
c) the reason for the audit;
(
d) the scope of the audit and the audit standards;
(
e) the process by which the auditor will be selected;
(
f) notice of the requirement under
section 13 for the regulatory
body to pay the auditor's fees and expenses.
(2) The notice must be given to the regulatory body at least 30 days
before the audit is to begin.
(3) For the purposes of subsection (1)(d), the Minister shall establish
the scope of an audit in respect of a regulatory body, taking into
consideration the following audit objectives:
(
a) to determine whether the regulatory body's
(
i) registration practices,
(ii) registration decision processes, and
(iii) internal review or appeal processes
are transparent, objective, impartial and procedurally fair;
(
b) to determine whether the regulatory body is complying with
any or all of the requirements set out in or established under
sections 2, 4, 5, 6, 7, 8, 9, 10 and 11 of the Act or under the
regulations;
(
c) to identify any areas for improvement with respect to the
regulatory body's registration practices, registration decision
processes, internal review or appeal processes, or fulfilment
of the requirements set out in or established under sections 2,
4, 5, 6, 7, 8, 9, 10 and 11 of the Act or under the regulations.
(4) For the purposes of subsection (1)(d), the Minister shall establish
audit standards that include the following auditor responsibilities:
(
a) to assess the extent to which the regulatory body's
(
i) registration practices,
(ii) registration decision processes, and
(iii) internal review or appeal processes
comply with the Act and regulations;
(
b) to assess how effective the regulatory body's
(
i) registration practices,
(ii) registration decision processes, and
(iii) internal review or appeal processes
are in complying with the Act and regulations;
(
c) to identify measures that are recommended for the regulatory
body to take to
(
i) remedy any non-compliance with the Act or regulations
in relation to the regulatory body's registration
practices, registration decision processes or internal
review or appeal processes, or
(ii) increase the effectiveness of the regulatory body's
registration practices, registration decision processes or
internal review or appeal processes in complying with
the Act and regulations.
Auditor qualifications
11(1) A person is authorized to conduct an audit referred to in
section
12(2) of the Act if the person
(
a) is independent of the Government and the regulatory body
being audited, and
(
b) has the capability and resources necessary to properly
conduct the audit.
(2) For the purposes of subsection (1)(a), a person is independent of
the Government and the regulatory body being audited if the person
has no direct or indirect relationship with the Government or the
regulatory body that could reasonably be expected to interfere with the
exercise of the person's professional judgment.
(3) For the purposes of subsection (1)(b), the following criteria must
be considered in determining whether a person has the capability and
resources necessary to properly conduct an audit in respect of a
regulatory body:
(
a) the person's experience in conducting reviews, assessments
and audits of the policies, practices and procedures of
regulatory bodies or other organizations;
(
b) the person's experience in applying the principles of
transparency, objectivity, impartiality and procedural fairness
within a regulatory environment;
(
c) the person's knowledge of the registration practices of
regulatory bodies.
Auditor duties
12(1) An auditor who conducts an audit referred to in
section 12(2) of
the Act shall
(
a) conduct the audit in accordance with the requirements set out
in the notice referred to in
section 10,
(
b) without delay on completion of the audit,
(
i) prepare a draft audit report, and
(ii) provide a copy of the draft audit report to the regulatory
body together with a notice that the regulatory body,
within 30 days of receiving the draft audit report, may
make written submissions to the auditor,
and
(
c) without delay, after the expiry of the 30-day period referred
to in clause (b)(ii), prepare a final report and provide it to the
Minister and the regulatory body.
(2) The auditor shall consider any written submissions made by the
regulatory body in accordance with subsection (1)(b)(ii) in preparing
the final audit report.
Auditor's fees and expenses
13 A regulatory body in respect of which an audit is conducted under
section 12(2) of the Act shall pay the auditor's fees and expenses
relating to the audit.
Schedule 1 of the Act
Schedule 1 of the Act is amended
(
a) by striking out
General Insurance Council
Insurance Adjusters' Council
Insurance Brokers Association of Alberta
Life Insurance Council
(
b) by adding
Minister of Children's Services
Minister of Education
Minister of Environment and Protected Areas
Minister of Forestry, Parks and Tourism
Minister of Jobs, Economy and Northern Development
Minister of Municipal Affairs
Minister of Public Safety and Emergency Services
Minister of Service Alberta and Red Tape Reduction
Minister of Transportation and Economic Corridors
before
Physiotherapy Alberta College + Association
Review
15 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be
repassed in its present or an amended form following a review, this
Regulation expires on April 6, 2028.
Coming into force
16 This Regulation comes into force on the coming into force of the
Labour Mobility Act.
Alberta Regulation 85/2023
Alberta Firearms Act
ALBERTA FIREARMS REGULATION
Filed: April 5, 2023
For information only: Made by the Lieutenant Governor in Council (O.C. 145/2023)
on April 5, 2023 pursuant to
section 18 of the Alberta Firearms Act.
Definitions
1 For the purposes of the Act and this Regulation,
(a) "municipal entity" means
(
i) a municipality as defined in the Municipal Government
Act, and
(ii) a council as defined in the Municipal Government Act;
(b) "police commission" means a commission as defined in the
Police Act.
Prescribed enactments
2 The following enactments of Canada are prescribed for the
purposes of
section 1(g)(ii) of the Act:
(
a) Part III of the Criminal Code (Canada);
(
b) Firearms Act (Canada).
Requirement re federal funding
3 For the purposes of
section 16 of the Act, a municipal entity, police
service or police commission must obtain the Minister's written
approval of an agreement referred to in
section 16(
a) or the acceptance
of a grant or other financial assistance referred to in
section 16(b).
Expiry
4 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 March 31, 2028.
Alberta Regulation 86/2023
Court of Justice Act
COURT OF JUSTICE CIVIL PROCEDURE
AMENDMENT REGULATION
Filed: April 5, 2023
For information only: Made by the Lieutenant Governor in Council (O.C. 146/2023)
on April 5, 2023 pursuant to
section 9(1) of the Court of Justice Act.
1 The Court of Justice Civil Procedure Regulation
(AR 176/2018) is amended by this Regulation.
Section 2 is amended by striking out "$50 000" and
substituting "$100 000".
3 This Regulation comes into force on August 1, 2023.
--------------------------------
Alberta Regulation 87/2023
Insurance Act
ADVERSE CONTRACTUAL ACTION
AMENDMENT REGULATION
Filed: April 5, 2023
For information only: Made by the Lieutenant Governor in Council (O.C. 147/2023)
on April 5, 2023 pursuant to
section 555 of the Insurance Act.
1 The Adverse Contractual Action Regulation (AR 28/2015)
is amended by this Regulation.
Section 1 is amended
(
a) in subsection (2)
(
i) by repealing clause (a)(iii) and (iv) and
substituting the following:
(iii) makes any misrepresentation in the information
provided for the purposes of obtaining, updating or
renewing an automobile insurance policy,
including on the application form,
(iv) fails to submit any information required in the
approved application form, or
(
v) has a history of fraudulent activity in relation to an
automobile insurance policy and the most recent
instance of such an activity occurred less than 7
years before the day of the request to obtain,
update or renew an automobile insurance policy;
(ii) by adding the following after clause (a):
(a.1) the insurer reasonably believes that the insured or
the applicant will use the automobile insurance
policy or the automobile for fraudulent purposes;
(
b) by adding the following after subsection (2):
(2.1) For the purposes of subsection (2)(a.1), the fact that the
insured or the applicant is or has been a bankrupt or in a
consumer proposal within the meaning of the Bankruptcy and
Insolvency Act (Canada) is not, in and of itself without any other
evidence of fraudulent activity, sufficient to substantiate a
reasonable belief that the insured or the applicant will use the
automobile insurance policy or the automobile for fraudulent
purposes.
Section 2 is amended by striking out "April 30, 2024" and
substituting "April 30, 2029".
4 This Regulation comes into force on June 1, 2023.
--------------------------------
Alberta Regulation 88/2023
Municipal Government Act
MUNICIPAL CENSUS REGULATION
Filed: April 6, 2023
For information only: Made by the Minister of Municipal Affairs (M.O.
MSD:001/23) on March 28, 2023 pursuant to
section 604 of the Municipal
Government Act.
Table of Contents
Interpretation
2 Municipal Census Manual
3 Census rules
4 Shadow population
5 Review of census results
6 Change in geographic area
7 Use of census data
8 Expiry
Interpretation
1(1) In this Regulation,
(a) "census day" means the date chosen by a municipal authority
as the census date, occurring within a census period in which
an enumeration is conducted, which can be a date prior to the
start of enumeration;
(b) "census period" means a 3-month consecutive period
beginning on a date that is on or after March 1 and ending on
a date that is on or before July 31 of the same year;
(c) "municipal census" means a population count of the total
number of individuals whose usual residence is in a
municipal authority, conducted in accordance with this
Regulation;
(d) "shadow population" means the temporary residents of a
municipal authority who are employed by an industrial or
commercial establishment in the municipal authority and
who have worked at least 120 hours for that employer in the
3-month period immediately preceding census day;
(e) "temporary resident" means a person who resides in a
municipal authority on census day but whose usual residence
is located in another municipal authority or a place outside
Alberta.
(2) For the purposes of this Regulation, the "usual residence" of a
person is a location within a municipal authority with a residential
street address or physical address that
(
a) is the main dwelling site of the person on census day, and
(
b) is the place where the person lives and sleeps and to which,
when the person is absent from it, the person intends to
return.
(3) Notwithstanding subsection (2),
(
a) the "usual residence" of a person who has been in an
institution, such as a correctional institution or hospital, for
less than 6 months is deemed to be the place that was the
person's usual residence before the person entered the
institution, and
(
b) a student who
(
i) is in attendance at an educational institution within or
outside Alberta,
(ii) is residing in a place temporarily for the purpose of
attending an educational institution, and
(iii) has family members who are usually resident in Alberta
and with whom the student usually resides when not in
attendance at an educational institution
is deemed to reside with those family members.
Municipal Census Manual
2 The Minister, by order, shall issue a Municipal Census Manual and
may amend the Manual from time to time.
Census rules
3(1) A municipal authority that wishes to conduct a municipal census
must
(
a) notify the Minister's department by February 28 of the year
in which the census will be conducted that the municipal
authority will be conducting a municipal census and whether
the municipal authority will count the shadow population of
the municipal authority when conducting the census,
(
b) choose a census period and census day before beginning
enumeration,
(
c) ensure that the person in charge of the census swears or
affirms the oath prescribed in the Municipal Census Manual
prior to the census being conducted,
(
d) ensure that all census enumerators complete the statement of
a census enumerator prescribed in the Municipal Census
Manual prior to undertaking work on the census,
(
e) conduct the census in accordance with this Regulation and
the Municipal Census Manual, and
(
f) submit the results of the census in the form prescribed by the
Municipal Census Manual before September 1 of the year in
which the census was conducted.
(2) Notwithstanding subsection (1), if a municipal authority wants to
conduct a census that is not in accordance with this Regulation and the
Municipal Census Manual and have the results recognized by the
Minister as the population of that municipal authority, the municipal
authority must receive the Minister's approval prior to February 28 of
the census year.
Shadow population
4(1) Subject to subsection (2), if the shadow population in a municipal
authority is
(
a) greater than 1000 persons, or
(
b) less than 1000 persons but greater in number than 10% of the
permanent population,
and the municipal authority has submitted its shadow population count
to the Minister in the form prescribed by the Municipal Census Manual
by no later than September 1 of the census year, a municipal authority
may have the shadow population count included as part of the
municipal authority's population total.
(2) The Minister shall determine whether the shadow population count
in a municipal authority will be included as part of the municipal
authority's population total.
(3) A shadow population count that is included in a municipal
authority's population total shall be removed from the municipal
authority's population total on the release of the next federal census for
the municipal authority.
Review of census results
5 The Minister may direct a municipal authority to provide
information regarding a municipal census to the Minister, in the form
and manner determined by the Minister, for the purposes of reviewing
a municipal census result.
Change in geographic area
6 If the geographic area of a municipal authority changes after June
30 in a year in which the municipal authority has conducted a
municipal census, the Minister may require the municipal authority to
update the results of the census and submit the updated results to the
Minister in accordance with the directions of the Minister.
Use of census data
7 The Minister may use the results of a municipal census and shadow
population count to determine the population of a municipal authority,
as published by the Minister's department from time to time.
Expiry
8 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be
repassed in its present or an amended form following a review, this
Regulation expires on November 30, 2032.
--------------------------------
Alberta Regulation 89/2023
Child, Youth and Family Enhancement Act
CHILD, YOUTH AND FAMILY ENHANCEMENT
AMENDMENT REGULATION
Filed: April 13, 2023
For information only: Made by the Minister of Children's Services (M.O. 2023-03)
on March 30, 2023 pursuant to
section 131(2)(hh.1) of the Child, Youth and Family
Enhancement Act.
1 The Child, Youth and Family Enhancement Regulation
(AR 160/2004) is amended by this Regulation.
2 The following is added after
section 10:
Health benefits
10.1(1) A director may provide health benefits pursuant to
section
105.795 or 105.796 of the Act in respect of a child residing in
Alberta, in accordance with an agreement between the Minister or
Minister's department and another Minister, department or entity, if
the child is not covered in respect of such benefits under an
insurance plan of the child's parent or guardian.
(2) A decision of the director not to provide health benefits under
this
section may be appealed to an Appeal Panel in accordance with
section 120 of the Act.
Alberta Regulation 90/2023
Marketing of Agricultural Products Act
ALBERTA PORK PRODUCERS' COMMISSION
AMENDMENT REGULATION
Filed: April 17, 2023
For information only: Made by the Alberta Pork Producers' Development
Corporation on April 3, 2023 and approved by the Alberta Agricultural Products
Marketing Council on April 5, 2023 pursuant to
section 26 of the Marketing of
Agricultural Products Act and
section 9 of the Alberta Pork Producers' Plan
Regulation (AR 219/2001).
1 The Alberta Pork Producers' Commission Regulation
(AR 69/2015) is amended by this Regulation.
Section 13(2) is amended by adding the following after
clause (d):
(d.1) the information set out in
section 14.1(1);
3 The following is added after
section 14:
Sale information
14.1(1) A processor who purchases swine directly from a producer
or dealer shall, at the time the processor pays the producer or dealer,
provide the producer or dealer with a settlement statement containing
the following information:
(
a) the date the swine were slaughtered;
(
b) the original weight of the swine in kilograms;
(
c) the settled weight of the swine in kilograms;
(
d) yield percentage;
(
e) fat in millimetres;
(
f) lean in millimetres;
(
g) index weight range;
(
h) total carcass value;
(
i) trim weight;
(
j) demerits;
(
k) bonuses paid;
(
l) any deductions, including insurance, grading and any service
charge payable under this Regulation.
(2) Within 48 hours after the processed swine has been settled, the
processor shall provide to the Corporation, in the form and manner
required by the Corporation, the information required under
subsection (1) after having removed any information relating to the
producer or dealer, as the case may be.
Section 31 is amended by striking out "September 30, 2023"
and substituting "September 30, 2029".