Alberta Gazette — 29 April 2023 (Part II)

29 April 2023

Alberta — Gazette

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".

Document details

CollectionAlberta — Gazette
Citation29 April 2023
Typegazette
Volume / chapter08 Apr29 Part2
Languageen
Formathtml
SourcePROVINCIAL
Identifier45709b724be80d1be2946e149a1b4d4df97ef293

Source file is stored in the law ingest library (html).