Alberta Gazette — 15 July 2024 (Part II)
15 July 2024
Alberta — Gazette
Alberta Regulation 116/2024
Critical Infrastructure Defence Act
CRITICAL INFRASTRUCTURE DEFENCE (EXPIRY DATE
EXTENSION) AMENDMENT REGULATION
Filed: June 20, 2024
For information only: Made by the Lieutenant Governor in Council (O.C. 172/2024)
on June 20, 2024 pursuant to
section 5 of the Critical Infrastructure Defence Act.
1 The Critical Infrastructure Defence Regulation
(AR 169/2021) is amended by this Regulation.
Section 2 is amended by striking out "October 31, 2024"
and substituting "October 31, 2029".
--------------------------------
Alberta Regulation 117/2024
Referendum Act
REFERENDUM (GENERAL) AMENDMENT REGULATION
Filed: June 20, 2024
For information only: Made by the Lieutenant Governor in Council (O.C. 173/2024)
on June 20, 2024 pursuant to
section 10 of the Referendum Act.
1 The Referendum (General) Regulation (AR 252/2020) is
amended by this Regulation.
Section 2(1)(
a) is amended by striking out "April 1" and
substituting "on the fourth Monday in August".
--------------------------------
Alberta Regulation 118/2024
Corrections Act
CORRECTIONS AMENDMENT REGULATION
Filed: June 20, 2024
For information only: Made by the Lieutenant Governor in Council (O.C. 177/2024)
on June 20, 2024 pursuant to
section 33 of the Corrections Act.
1 The Corrections Regulation (AR 205/2001) is amended by
this Regulation.
2 The following is added after
section 59.1:
Part 3.1
Electronic Monitoring Program
Definitions
59.2 In this Part,
(a) "Central Monitoring Unit" means a centralized monitoring
system established under
section 59.4;
(b) "electronic monitoring" means electronic monitoring as
defined in
section 1(c.01) of the Act;
(c) "electronic monitoring technology" means software or
devices, including an ankle bracelet, that monitor the location
or movements of an individual by means other than direct
observation for the purpose of electronic monitoring;
(d) "program" means the electronic monitoring program
established under
section 59.3.
Electronic monitoring program
59.3(1) An electronic monitoring program is established for the
purpose of electronic monitoring.
(2) The Minister shall administer and oversee the program established
under subsection (1) and may establish protocols and procedures
necessary for
(
a) the operation of the program, and
(
b) the monitoring of compliance with the conditions for
electronic monitoring under the program.
(3) The Minister may authorize the use of an electronic monitoring
technology under the program in accordance with the conditions
imposed by the court.
(4) If the Minister considers any condition set out by the court with
respect to electronic monitoring in a particular case is not compatible
with the administration or operation of the program, the Minister may
refer the matter back to the court.
Central Monitoring Unit
59.4(1) The Minister shall establish a Central Monitoring Unit under
the program.
(2) The Central Monitoring Unit shall conduct monitoring of
individuals under electronic monitoring.
(3) The Central Monitoring Unit shall monitor alerts or notifications
generated by the electronic monitoring technology and received by the
Central Monitoring Unit.
(4) Where the court imposes electronic monitoring of an individual's
movements or geographical location, the Central Monitoring Unit shall
monitor the individual's movements or geographical location as
specified in the court order.
3 This Regulation comes into force on the coming into
force of
section 1 of the Public Safety Statutes Amendment
Act, 2024.
--------------------------------
Alberta Regulation 119/2024
Legislative Assembly Act
LEGISLATIVE PRECINCT SECURITY REGULATION
Filed: June 20, 2024
For information only: Made by the Lieutenant Governor in Council (O.C. 178/2024)
on June 20, 2024 pursuant to
section 22.98 of the Legislative Assembly Act.
Table of Contents
Interpretation
2 Eligibility for appointment
3 Post-appointment requirements
4 Suspension or cancellation of appointment
5 Reporting use of excessive force
6 Reporting use of prescribed weapon
in prescribed circumstance
7 Prescribed circumstances
8 Reporting loss or theft of weapon
9 Reporting matter of a serious or sensitive nature or
incident of serious injury or death
10 Reporting criminal allegations or charges
11 Investigation into matter of a serious or sensitive
nature or incident of serious injury or death
12 Record management system
13 Prescribed weapons
14 Weapons storage
15 Ammunition
16 Equipment
17 Expiry
18 Coming into force
Interpretation
1(1) In this Regulation,
(a) "Act" means the Legislative Assembly Act;
(b) "conducted energy device" has the same meaning as in
section 4(1)(
e) of the Peace Officer Regulation
(AR 291/2006);
(c) "Director of Law Enforcement" has the same meaning as in
the Police Act;
(d) "Legislative Assembly Office" means the Legislative
Assembly Office as represented by
(
i) the Clerk of the Assembly, or
(ii) an employee of the Legislative Assembly Office to
whom the Clerk has delegated in writing a power or
duty under this Regulation;
(e) "OC spray" means a device designed to be capable of
injuring, immobilizing or otherwise incapacitating an
individual by the discharge of Oleoresin Capsicum spray
using a concentration approved by the Legislative Assembly
Office;
(f) "police service of jurisdiction", in relation to an incident or
matter, means the police service, as defined in the Police Act,
that has territorial jurisdiction in respect of that incident or
matter;
(g) "prescribed circumstance" means a circumstance prescribed
under
section 7;
(h) "prescribed weapon" means a weapon prescribed under
section 13.
(2) For the purposes of
section 22.98(c)(vi) of the Act and this
Regulation, "criminal allegation" means a criminal investigation.
(3) For the purposes of
section 22.98(
g) of the Act and sections
2(a)(vii)(B), 3(a), 6, 7 and 13 to 16, "use" includes possess and carry.
Eligibility for appointment
2 An individual is eligible for appointment as a legislative security
officer only if the individual meets each of the following requirements:
(
a) the individual
(
i) has successfully completed any of the following:
(
A) grade 12 or an equivalent qualification;
(
B) a 2-year diploma program from a post-secondary
learning institution that is, in the Legislative
Assembly Office's opinion, applicable to a
legislative security officer's powers and duties;
(
C) a combination of education and experience that is
acceptable to the Legislative Assembly Office;
(ii) is at least 18 years old;
(iii) has no criminal record or has been granted a pardon in
respect of all previous criminal offences of which the
individual was convicted;
(iv) is not subject to a criminal charge or investigation at
any time during the processing of the individual's
application for appointment;
(
v) has successfully completed a physical abilities
evaluation test approved by the Legislative Assembly
Office within the period specified by the Legislative
Assembly Office;
(vi) undergoes a psychological assessment by an approved
qualified professional within the period specified by the
Legislative Assembly Office;
(vii) successfully completes each of the following:
(
A) the legislative security officer training program
approved by the Legislative Assembly Office;
(
B) entry level training in respect of each weapon that
the Legislative Assembly Office may recommend
the individual be authorized to use under the
individual's appointment as a legislative security
officer;
(
C) any additional training that the Legislative
Assembly Office determines is necessary based on
the powers and duties to be assigned to the
individual under the individual's appointment as a
legislative security officer;
(
b) the Legislative Assembly Office determines, based on a
review of the individual's application, that the individual is
competent and of good character.
Post-appointment requirements
3 A legislative security officer must, within the period specified by
the Legislative Assembly Office, meet each of the following
requirements:
(
a) certification or recertification in respect of each weapon that
the legislative security officer is authorized under the
officer's appointment to use;
(
b) all ongoing training or performance requirements as
determined by the Legislative Assembly Office.
Suspension or cancellation of appointment
4(1) The Speaker may suspend or cancel a legislative security
officer's appointment if any of the following applies to the legislative
security officer:
(
a) the legislative security officer has been charged with or
convicted of an offence under
an Act or regulation of
Canada, Alberta or another province or territory;
(
b) in the Legislative Assembly Office's opinion, the legislative
security officer has contravened a term of the legislative
security officer's appointment;
(
c) in the Legislative Assembly Office's opinion, the legislative
security officer has acted in a manner that could bring the
office of legislative security officer into disrepute, including
by contravening a provision of the Act or this Regulation.
(2) The Speaker must, as soon as a legislative security officer's
appointment is suspended or cancelled, provide written notice of that
suspension or cancellation to
(
a) the legislative security officer,
(
b) the Legislative Assembly Office, and
(
c) any other person as determined by the Speaker.
(3) A legislative security officer's appointment ceases to be in effect
(
a) when the officer ceases to be employed or engaged by the
Legislative Assembly Office in the capacity of a legislative
security officer, or
(
b) when the officer's appointment is suspended or cancelled
under subsection (1).
Reporting use of excessive force
5(1) If a legislative security officer may have used or is alleged to
have used excessive force while on duty, and that use or alleged use is
not related to a matter of a serious or sensitive nature, the officer and
any other legislative security officer who has knowledge of the use or
alleged use must, immediately after the use or alleged use, report it to
the Legislative Assembly Office.
(2) On receiving a report under subsection (1), the Legislative
Assembly Office must, as soon as practicable and within 24
hours, provide the report to the police service of jurisdiction.
Reporting use of prescribed weapon
in prescribed circumstance
6(1) If a legislative security officer may have used a prescribed
weapon in a prescribed circumstance, the officer and any other
legislative security officer who has knowledge of the use must,
immediately after the use, report it to the Legislative Assembly Office.
(2) On receiving a report under subsection (1) respecting a prescribed
circumstance referred to in
section 7(a), the Legislative Assembly
Office must, as soon as practicable and within 24 hours, provide the
report to the police service of jurisdiction.
Prescribed circumstances
7 Each of the following is a prescribed circumstance involving the
use of a prescribed weapon if that circumstance is not related to a
matter of a serious or sensitive nature:
(
a) a discharge of a firearm, conducted energy device or OC
spray by a legislative security officer other than as follows:
(
i) a discharge while the officer is participating in training
for that weapon;
(ii) in a manner that the officer did not intend and which did
not reasonably pose any risk of harm to another
individual;
(iii) as required to remove the threat of an animal;
(
b) the use by the officer of a weapon referred to in clause (a),
other than by a discharge, in a manner that could reasonably
have caused harm to another individual if that weapon had
been discharged;
(
c) the use by the officer of a weapon other than a weapon
referred to in clause (
a) in a manner that could reasonably be
perceived as threatening to another individual.
Reporting loss or theft of weapon
8(1) If a legislative security officer loses a weapon or if the officer's
weapon is stolen and the loss or theft is not related to a matter of a
serious or sensitive nature, the officer must immediately, on becoming
aware of the loss or theft, report it to the Legislative Assembly Office.
(2) On receiving a report under subsection (1), the Legislative
Assembly Office must, as soon as practicable and within 24 hours,
provide the report to the police service of jurisdiction, unless the
Legislative Assembly Office confirms the weapon was not lost or
stolen.
Reporting matter of a serious or sensitive nature or
incident of serious injury or death
9(1) A legislative security officer must, immediately after one of the
following matters or incidents occurs, report the matter or incident to
the Legislative Assembly Office:
(
a) a matter of a serious or sensitive nature that may have
resulted from the actions of the officer;
(
b) an incident involving a serious injury to or the death of an
individual within the legislative precinct that may have
resulted from the actions of the officer.
(2) Each legislative security officer who has knowledge of another
legislative security officer's actions referred to in subsection (1) must,
immediately after the actions occur or become known to that officer,
report those actions to the Legislative Assembly Office.
(3) On receiving a report under subsection (1) or (2), the
Legislative Assembly Office must, as soon as practicable and
within 24 hours, provide the report to
(
a) the Director of Law Enforcement, and
(
b) the police service of jurisdiction.
Reporting criminal allegations or charges
10 If a legislative security officer becomes aware that the officer is
the subject of a criminal allegation or charge, the officer must
immediately report it to the Legislative Assembly Office.
Investigation into matter of a serious or sensitive
nature or incident of serious injury or death
11(1) In this section, "Minister" means the Minister determined under
section 16 of the Government Organization Act as the Minister
responsible for the Police Act.
(2) If the Director of Law Enforcement receives a report under
section
9, the Director must immediately provide notification of that report to
the Minister.
(3) If the Minister receives notification of a report under subsection
(2), the following applies to that report and the legislative security
officer whose conduct is the subject of that report:
(
a) the notification is to be treated as if it were a notification to
the Minister under
section 46.1 of the Police Act;
(
b) sections 46.1 and 46.2 of the Police Act apply with all
necessary modifications to the matter or incident that is the
subject of that notification;
(
c) each reference in
section 46.1 of the Police Act to a police
officer whose actions are the subject-matter of an
investigation of an incident or complaint under
section 46.1
or 46.2 of that Act is to be read as a reference to the
legislative security officer whose actions are the
subject-matter of the notification.
(4) The Minister must, as soon as practicable after receiving a final
report from an investigation conducted in accordance with
section 46.1
or 46.2 of the Police Act as a result of a notification referred to in
subsection (2), provide a
summary of that final report to the
Legislative Assembly Office.
Record management system
12 The Legislative Assembly Office must establish a record
management system that maintains the following information
respecting each legislative security officer for the following periods:
(
a) the following information about a legislative security officer,
for at least one year after the date on which the officer ceases
to be employed or engaged by the Legislative Assembly
Office in the capacity of a legislative security officer:
(
i) the officer's written appointment;
(ii) the officer's training, certification and recertification;
(iii) each complaint made against the officer under a
directive made by the Speaker under
section 22.3 of the
Act, including all related investigation and disposition
information;
(iv) each disciplinary action taken by the Legislative
Assembly Office against the officer;
(
v) the officer's criminal record checks;
(vi) the officer's oath of office;
(
b) each report made under
section 5, 6, 8, 9 or 10, for at least 5
years after the date of the report;
(
c) information about a civil or administrative proceeding
relating to a member of the public or an employee of the
Legislative Assembly Office, for at least 7 years after the
expiry of all appeal periods in respect of the decision
resulting from the proceeding;
(
d) a copy of each agreement that is made for the purpose of
coordinating and managing the provision of legislative
precinct security, for at least 5 years after the expiry of the
agreement;
(
e) subject to
section 22 of the Act, operational records that
relate to the following:
(
i) an incident or matter involving a legislative security
officer that is the subject of a report made under
section
5, 6, 8, 9 or 10, for at least 5 years after the date of the
report;
(ii) an item collected by a legislative security officer in the
course of duty, including the tracking, reassignment or
disposal of the item, for at least 2 years after the latest
of the collection, reassignment or disposal of the item.
Prescribed weapons
13 The following weapons are prescribed as weapons that a
legislative security officer is authorized to use:
(
a) a firearm;
(
b) a baton;
(
c) OC spray;
(
d) a conducted energy device;
(
e) any other weapon that is authorized for possession or use by
a peace officer under the Peace Officer Act.
Weapons storage
14 A legislative security officer must, during all periods when not on
duty, store each firearm, conducted energy device and OC spray that
the legislative security officer is authorized to use as follows:
(
a) each firearm must remain in a secure gun safe;
(
b) each firearm's chamber must be cleared of all ammunition;
(
c) each conducted energy device and OC spray must be stored
in the secure area designated by the Legislative Assembly
Office for this purpose.
Ammunition
15(1) A legislative security officer may use only ammunition that has
been approved for use by the Legislative Assembly Office.
(2) No person may tamper with or modify ammunition that has been
issued to or is available for use by a legislative security officer.
(3) A legislative security officer must not use ammunition that has
been modified or tampered with.
Equipment
16 The following equipment is prescribed as equipment authorized
for use by a legislative security officer:
(
a) handcuffs or similar restraint devices approved by the
Legislative Assembly Office;
(
b) personal protective equipment, including a bullet-resistant
vest, a stab-resistant vest and protective gloves, but not
including weighted-knuckle gloves or similar gloves;
(
c) any other specific type of equipment that the Legislative
Assembly Office determines is necessary for the legislative
security officer to exercise the officer's powers or perform
the officer's duties.
Expiry
17 For the purpose of ensuring this Regulation is reviewed for
ongoing relevancy and necessity with the option that it may be
repassed in its present or an amended form following a review, this
Regulation expires on August 31, 2034.
Coming into force
18 This Regulation comes into force on September 1, 2024.
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Alberta Regulation 120/2024
Personal Information Protection Act
PERSONAL INFORMATION PROTECTION ACT (EXPIRY
DATE EXTENSION) AMENDMENT REGULATION
Filed: June 20, 2024
For information only: Made by the Lieutenant Governor in Council (O.C. 180/2024)
on June 20, 2024 pursuant to
section 62 of the Personal Information Protection Act.
1 The Personal Information Protection Act Regulation
(AR 366/2003) is amended by this Regulation.
Section 30 is amended by striking out "June 30, 2024" and
substituting "June 30, 2026".
Alberta Regulation 121/2024
Employment Pension Plans Act
EMPLOYMENT PENSION PLANS
AMENDMENT REGULATION
Filed: June 20, 2024
For information only: Made by the Lieutenant Governor in Council (O.C. 181/2024)
on June 20, 2024 pursuant to
section 159 of the Employment Pension Plans Act.
1 The Employment Pension Plans Regulation
(AR 154/2014) is amended by this Regulation.
Section 1(1)(nn) is amended by striking out "the percentage
determined under
section 2" and substituting "the aggregate
percentage determined under
section 2(1)".
Section 2 is repealed and the following is substituted:
Calculation of provision for adverse deviation
2(1) In relation to a target benefit component, the "provision for
adverse deviation" is the sum of
(a) 7.5%, and
(
b) a percentage equal to or greater than 0% determined by a
reviewer, to the satisfaction of the Superintendent, to meet
the requirements set out in subsection (2).
(2) The percentage determined under subsection (1)(
b) must be
sufficient, in the opinion of the reviewer and when added to the
percentage set out in subsection (1)(a), for the plan to be able to
(
a) achieve the funding objectives set out in the funding policy
established under
section 44 of the Act in relation to the plan,
and
(
b) manage the material risks identified in the funding policy
established under
section 44 of the Act in relation to the plan.
Section 49(9) is amended
(
a) by repealing clauses (
a) to (d);
(
b) by adding "and" at the end of clause (e), by striking
out "and" at the end of clause (
f) and by repealing
clause (g).
Alberta Regulation 122/2024
Alberta Public Agencies Governance Act
ALBERTA PUBLIC AGENCIES GOVERNANCE
EXEMPTION AMENDMENT REGULATION
Filed: June 20, 2024
For information only: Made by the Lieutenant Governor in Council (O.C. 184/2024)
on June 20, 2024 pursuant to
section 20 of the Alberta Public Agencies Governance
Act.
1 The Alberta Public Agencies Governance Exemption
Regulation (AR 170/2020) is amended by this Regulation.
2 The following is added after
section 1:
Exemption - provincial health agencies
2 A provincial health agency under the Provincial Health Agencies
Act
(
a) with 2 members or fewer is exempted from the application of
section 18 of the Act, and
(
b) with 3 members or more is exempted from the application of
section 18(2) of the Act.
3 This Regulation comes into force on the coming into
force of
section 40(5) of the Health Statutes Amendment
Act, 2024.
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Alberta Regulation 123/2024
Regional Health Authorities Act
REGIONAL HEALTH AUTHORITIES ACT
REGULATIONS REPEAL REGULATION
Filed: June 20, 2024
For information only: Made by the Lieutenant Governor in Council (O.C. 187/2024)
on June 20, 2024 pursuant to sections 17 and 23 of the Regional Health Authorities
Act.
1 The Alberta Mental Health Board Regulation (AR 286/94)
is repealed.
2 The Property and Assets (Transitional) Regulation
(AR 14/95) is repealed.
--------------------------------
Alberta Regulation 124/2024
Regional Health Authorities Act
REGIONAL HEALTH AUTHORITIES
AMENDMENT REGULATION
Filed: June 20, 2024
For information only: Made by the Lieutenant Governor in Council (O.C. 188/2024)
on June 20, 2024 pursuant to
section 23 of the Regional Health Authorities Act as
amended by
section 40(32) of the Health Statutes Amendment Act, 2024.
1 The Regional Health Authorities Regulation (AR 15/95) is
amended by this Regulation.
2 The title of the Regulation is repealed and the following
is substituted:
PROVINCIAL HEALTH
AGENCIES REGULATION
Section 1(
a) is repealed and the following is substituted:
(a) "directive" means a directive referred to in
section 8 of the
Act;
Section 1.1 is amended by adding "provincial health agency
or" before "regional health authority".
Section 2 is repealed and the following is substituted:
Bylaws
2(1) In this section, "bylaw" means a bylaw made under subsection
(2), (3) or (4).
(2) A provincial health agency or regional health authority may
make bylaws respecting the general conduct, operation and
management of the provincial health agency or regional health
authority, including bylaws respecting
(
a) the calling of meetings and the conduct of business at
meetings,
(
b) the powers, duties and functions of the officers of the
provincial health agency or regional health authority,
(
c) the appointment, removal, powers, duties, functions,
remuneration and benefits of employees of the provincial
health agency or regional health authority, and
(
d) the establishment, membership, duties and functions of
special, standing and other committees of the members of the
provincial health agency or regional health authority.
(3) A provincial health agency or regional health authority shall
make bylaws respecting debt, guarantees, indemnities and capital
leasing by the provincial health agency or regional health authority
that include the following:
(
a) the maximum total amount of outstanding debt obligations,
guarantee obligations, indemnity obligations and capital lease
obligations that the provincial health agency or regional
health authority is permitted to incur, with separate totals
shown for
(
i) with respect to capital asset purposes,
(
A) the maximum permitted debt obligations, and
(
B) the maximum permitted capital leasing obligations,
(ii) with respect to working capital purposes,
(
A) the maximum permitted debt obligations, and
(
B) the maximum permitted debt available through
lines of credit,
and
(iii) the maximum potential liability that may be incurred
through guarantees and indemnities;
transactions, indemnity transactions and capital leasing
transactions between the provincial health agency or regional
health authority and persons and entities in respect of which
it is not dealing at arm's length;
(
c) disclosure requirements in respect of the transactions referred
to in clause (b);
(
d) the means by which and the time within which the provincial
health agency or regional health authority will bring itself
into compliance with the requirements of the bylaws and this
Regulation respecting debt, guarantees, indemnities and
capital leasing, where the provincial health agency or
regional health authority is not in compliance with those
requirements on the effective date of the bylaws;
(
e) any other information required by the sector Minister by
notice in writing to the provincial health agency or regional
health authority.
(4) Subject to
section 2.4(1), a provincial health agency or regional
health authority shall make bylaws respecting the investment powers
of the provincial health agency or regional health authority that
include the following:
(
a) the types of investments that the provincial health agency or
regional health authority is authorized to invest in;
(
b) limits on the amounts that may be invested in particular types
of investments;
persons and entities in respect of which the provincial health
agency or regional health authority is not dealing at arm's
length;
(
d) disclosure requirements in respect of the transactions referred
to in clause (c);
(
e) the means by which and the time within which the provincial
health agency or regional health authority will bring itself
into compliance with the requirements of the bylaws and this
Regulation respecting investments, where the provincial
health agency or regional health authority is not in
compliance with those requirements on the effective date of
the bylaws;
(
f) any other information required by the sector Minister by
notice in writing to the provincial health agency or regional
health authority.
(5) Bylaws have no effect until they are approved in writing by the
sector Minister.
(6) When bylaws are submitted to the sector Minister for approval,
the sector Minister may
(
a) approve the bylaws as submitted, or
(
b) refer the bylaws back to the provincial health agency or
regional health authority with directions to make changes.
(7) Bylaws that are referred back to a provincial health agency or
regional health authority under subsection (6)(
b) must be
resubmitted as directed by the sector Minister.
(8) Subsection (6) applies to bylaws that are resubmitted to the
sector Minister.
(9) The oversight Minister or sector Minister may issue a directive
requiring a provincial health agency or regional health authority to
amend or repeal its bylaws in accordance with that directive.
(10) If there is a conflict between the bylaws and the Act, a
regulation under the Act or an enactment that is made applicable by
a regulation under the Act, then the Act, regulation or enactment
prevails.
(11) A provincial health agency or regional health authority shall
comply with its bylaws.
(12) When a provincial health agency is established, the sector
Minister shall determine the time within which the provincial health
agency is required to submit its bylaws to the sector Minister.
6 Sections 2.1(1) and (2)(b)(
i) and (
g) and 2.2(1), (3), (5), (6),
(6.2) and (7) are amended by adding "provincial health agency
or" before "regional health authority" wherever it occurs.
Section 2.4 is amended
(
a) by repealing subsection (1) and substituting the
following:
Investment of funds
2.4(1) A provincial health agency or regional health authority
shall adhere to prudent investment standards in making
investment decisions.
(
b) in subsection (3)
(
i) by adding "provincial health agency or" before
"regional health authority";
(ii) by striking out "by-laws" and substituting
"bylaws";
(
c) in subsection (4) by adding "provincial health agency
or" before "regional health authority".
Section 2.41 is amended
(
a) in subsections (1) and (2) by adding "provincial health
agency or" before "regional health authority" wherever it
occurs;
(
b) by repealing subsection (3) and substituting the
following:
(3) The investment management agreement of a provincial
health agency must take effect no later than 6 months after the
date on which the provincial health agency is established or
such later date as set by order of the President of Treasury
Board and Minister of Finance.
(
c) in subsections (4) and (5)
(
i) by adding "provincial health agency or" before
"regional health authority";
(ii) by adding "provincial health agency's or" before
"regional health authority's".
Section 2.5 is amended
(
a) in subsections (1) and (2) by adding "provincial health
agency or" before "regional health authority" wherever it
occurs;
(
b) in subsection (3)
(
i) by adding "provincial health agency or" before
"regional health authority";
(ii) in clauses (
a) and (
b) by adding "provincial health
agency's or" before "regional health authority's";
(
c) in subsection (3.1) by adding "sector" before
"Minister";
(
d) in subsections (4) and (5) by adding "provincial health
agency or" before "regional health authority" wherever it
occurs.
Section 2.51 is amended
(
a) by adding "provincial health agency or" before "regional
health authority";
(
b) by adding "provincial health agency's or" before
"regional health authority's".
Section 2.6 is amended
(
a) by adding "provincial health agency or" before "regional
health authority";
(
b) by adding "sector" before "Minister".
Section 2.61 is repealed and the following is
substituted:
Demolition of buildings
2.61 No provincial health agency or regional health authority shall
demolish a health care facility or other structure used for health care
purposes that has a value in excess of an amount specified by the
oversight Minister or sector Minister in a directive without the
written consent of the Minister who issued the directive.
Section 2.62 is amended
(
a) by adding "provincial health agency or" before "regional
health authority" wherever it occurs;
(
b) by adding "sector" before "Minister".
Section 2.7 is amended
(
a) by repealing subsection (1) and substituting the
following:
Capital development project
2.7(1) No provincial health agency or regional health authority
shall enter into a capital development project that has a value in
excess of an amount specified by the oversight Minister or sector
Minister in a directive without the written consent of the Minister
who issued the directive.
(
b) in subsection (2)
(
i) by adding "provincial health agency or" before
"regional health authority" wherever it occurs;
(ii) by adding "sector" before "Minister".
Section 2.71 is amended
(
a) by repealing subsection (1) and substituting the
following:
Transfer of property or assets
2.71(1) Subject to this section, no provincial health agency or
regional health authority shall confer a benefit on or transfer
property or assets to any person unless the provincial health
agency or regional health authority receives fair market value in
exchange for the benefit or transfer.
(1.1) Subsection (1) does not apply to the conferral of a benefit
or the transfer of property or assets by a transitional order.
(
b) in subsection (6) by adding "provincial health agency
or" before "regional health authority" wherever it
occurs.
Section 2.8 is amended
(
a) in subsection (1)
(
i) in clause (a)
(
A) by striking out "provision" and substituting
"delivery";
(
B) by adding "provincial health agency or" before
"regional health authority";
(ii) in clause (b)
(
A) by repealing subclause (
i) and substituting
the following:
(
i) persons in direct receipt of health services
delivered by the provincial health agency or
regional health authority;
(
B) in subclause (ii) by adding "provincial health
agency or" before "regional health authority";
(
C) in subclause (iv) by adding "sector" before
"Minister";
(
b) in subsection (2)
(
i) by adding "sector" before "Minister" wherever it
occurs;
(ii) by striking out "regional health authorities" and
substituting "a provincial health agency or regional
health authority";
(
c) in subsection (3) by adding "provincial health agency
or" before "regional health authority";
(
d) in subsection (4)
(
i) by adding "provincial health agency or" before
"regional health authority";
(ii) by adding "sector" before "Minister";
(
e) by repealing subsection (5) and substituting the
following:
(5) Subsection (4) does not apply in respect of an ancillary
operation that was being engaged in
(
a) by an existing health authority on the date the affairs of
the existing health authority were taken over by a
regional health authority, or
(
b) by a regional health authority that is transferred to a
provincial health agency by a transitional order.
(
f) in subsection (6)
(
i) by adding "provincial health agency or" before
"regional health authority";
(ii) by adding "provincial health agencies or" before
"regional health authorities";
(
g) in subsection (8) by adding "provincial health agency
or" before "regional health authority";
(
h) in subsection (9)
(
i) by adding "provincial health agency or" before
"regional health authority";
(ii) by striking out "Minister" and substituting
"oversight Minister or sector Minister";
(
i) in subsection (10) by adding "provincial health agency
or" before "regional health authority" wherever it
occurs;
(
j) in subsection (11) by adding "provincial health agencies
or" before "regional health authorities";
(
k) in subsection (12)
(
i) by adding "sector" before "Minister";
(ii) by adding "provincial health agency or" before
"regional health authority" wherever it occurs;
(
l) in subsection (13)
(
i) by adding "provincial health agency or" before
"regional health authority" wherever it occurs;
(ii) by adding "sector" before "Minister";
(
m) in subsection (14) by adding "provincial health agency
or" before "regional health authority";
(
n) by repealing subsection (15) and substituting the
following:
(15) The oversight Minister or sector Minister may issue a
directive requiring a provincial health agency or regional health
authority to
(
a) cease engaging in an ancillary operation, or
directive in respect of an ancillary operation in which
the provincial health agency or regional health authority
is engaged.
Section 2.9 is amended
(
a) in subsection (1)(c)(
i) and (ii) by striking out
"Minister" and substituting "oversight Minister or sector
Minister";
(
b) in subsection (2) by adding "provincial health agency
or" before "regional health authority";
(
c) in subsection (3)
(
i) by adding "provincial health agency or" before
"regional health authority" wherever it occurs;
(ii) by adding "sector" before "Minister" wherever it
occurs;
(
d) in subsection (4) by adding "sector" before "Minister";
(
e) in subsection (5)
(
i) by adding "provincial health agency or" before
"regional health authority";
(ii) in clause (
a) by striking out "provision" and
substituting "delivery";
(
f) in subsection (7) by adding "provincial health agency
or" before "regional health authority".
Section 2.91(1) is amended by adding "provincial health
agency or" before "regional health authority" wherever it occurs.
Section 2.92 is repealed and the following is
substituted:
Organizational meeting
2.92(1) A provincial health agency or regional health authority
shall hold an organizational meeting where
(
a) the first members of the provincial health agency are
appointed under
section 1.93 or 1.94 of the Act or the
members of the regional health authority of a newly
established health region are appointed, or
(
b) more than half of the members of a provincial health agency
or regional health authority are replaced at the same time or
substantially the same time.
(2) The organizational meeting must be held not later than 15 days
after the last of the new appointments referred to in subsection (1)(
a) or the replacement appointments referred to in subsection (1)(
b) are
made.
Section 3 is repealed.
Section 4 is amended
(
a) in subsections (1) and (2) by adding "provincial health
agency or" before "regional health authority" wherever it
occurs;
(
b) in subsection (3)
(
i) by adding "provincial health agency or" before
"regional health authority" wherever it occurs;
(ii) in clause (
a) by adding "sector" before "Minister";
(
c) in subsections (4) and (5) by adding "provincial health
agency or" before "regional health authority" wherever it
occurs.
Section 6 is repealed and the following is substituted:
Exemption re Land Titles fees
6(1) In this section, "successor" means a successor as defined in
section 5.01 of the Act.
(2) A successor is exempt from any requirement under the Land
Titles Act to pay a fee where the transaction, document or other thing
to which the fee relates arises during or as a direct result of the
winding up of the affairs and dissolution of a regional health
authority under Division 2 of
Part 3 of the Act.
(3) A certificate stating that a transaction, document or thing is a
transaction, document or thing of the kind described in subsection
(2) is conclusive proof of that fact if the certificate purports to be
signed by
(
a) an officer of the successor, if the successor is a provincial
health agency,
(
b) an officer of the regional health authority,
(
c) a person designated by the sector Minister as a person
authorized to sign the certificate, if the successor is a sector
Minister, or
(
d) a person designated by the oversight Minister as a person
authorized to sign the certificate, if the successor is the
oversight Minister.
Section 7 is amended
(
a) by adding "sector" before "Minister" wherever it
occurs;
(
b) by adding "provincial health agency or" before "regional
health authority" wherever it occurs.
Section 8 is amended by adding "sector" before "Minister"
wherever it occurs.
Section 9 is repealed.
Section 10 is amended by striking out "November 30,
2026" and substituting "November 30, 2031".
27 This Regulation comes into force on the coming into
force of
section 40(32) of the Health Statutes Amendment
Act, 2024.
--------------------------------
Alberta Regulation 125/2024
Regional Health Authorities Act
PROVINCIAL HEALTH AGENCIES ACT (CONSEQUENTIAL
AMENDMENTS) REGULATION
Filed: June 20, 2024
For information only: Made by the Lieutenant Governor in Council (O.C. 189/2024)
on June 20, 2024 pursuant to the Regional Health Authorities Act as amended by
section 40(34) of the Health Statutes Amendment Act, 2024.
1(1) The ABC Benefits Corporation Regulation (AR 272/96)
is amended by this section.
(2) Section 4(1)(
b) is amended by striking out "Regional
Health Authorities Act" and substituting "Provincial Health
Agencies Act".
2(1) The Alberta Cancer Foundation Regulation
(AR 70/2009) is amended by this section.
(2) Section 1 is amended
(
a) by repealing clause (a);
(
b) in clause (
d) by striking out "unless another regional
health authority is designated by the Minister for the purpose
of this Regulation";
(
c) by adding the following after clause (d):
(e) "sector Minister", with respect to the Foundation, means
the sector Minister for the relevant regional health
authority.
(3) Sections 3(5) and (6), 14(2), (3), (4) and (5) and 16(1), (2),
(3) and (4) are amended by adding "sector" before "Minister"
wherever it occurs.
3(1) The Application in Respect of Regional Health
Authorities Regulation (AR 161/95) is amended by this
section.
(2) Section 2 is amended by striking out "Regional Health
Authorities Act" and substituting "Provincial Health Agencies Act".
4(1) The Assured Income for the Severely Handicapped
General Regulation (AR 91/2007) is amended by this
section.
(2) Schedule 3 is amended in sections 2(1)(
c) and 7 by
striking out "Alberta Health Services" and substituting "the
provincial health agency established for the mental health and
addiction health services sector or a regional health authority under the
Provincial Health Agencies Act".
5(1) The Cancer Registry Regulation (AR 71/2009) is
amended by this section.
(2) Section 1 is amended
(
a) by repealing clause (a);
(
b) in clause (
b) by striking out "unless another regional
health authority is designated by the Minister for the purpose
of this Regulation".
(3) Sections 3(2)(d), 4(1)(
e) and (2) and 5(1) are amended by
adding "sector" before "Minister" wherever it occurs.
6(1) The Communicable Diseases Regulation (AR 238/85) is
amended by this section.
(2) Section 1(c.1) and (j.01) are amended by striking out
"established under the Regional Health Authorities Act" and
substituting "under the Provincial Health Agencies Act".
7(1) The Community Health Councils (Ministerial)
Regulation (AR 193/97) is amended by this section.
(2) Section 1 is repealed.
(3) Sections 2 and 3 are amended by adding "provincial health
agency or" before "regional health authority" wherever it occurs.
(4) Section 4 is amended
(
a) in subsections (1), (2) and (3)
(
i) by adding "provincial health agency or" before
"regional health authority";
(ii) by adding "sector" before "Minister";
(
b) in subsection (4) by adding "sector" before "Minister";
(
c) in subsection (5)
(
i) by adding "sector" before "Minister" wherever it
occurs;
(ii) in clause (
b) by adding "provincial health agency
or" before "regional health authority".
8(1) The Community Health Councils Regulation
(AR 202/97) is amended by this section.
(2) Section 1 is repealed.
(3) Section 2 is amended
(
a) by repealing subsection (1) and substituting the
following:
Establishment of community health councils
2(1) A community health council must be established by a
by-law of a provincial health agency or regional health authority.
(
b) in subsection (2)
(
i) by adding "provincial health agency or" before
"regional health authority";
(ii) by adding "sector" before "Minister";
(
c) in subsection (3) by adding "sector" before "Minister";
(
d) in subsection (4)
(
i) by adding "sector" before "Minister" wherever it
occurs;
(ii) in clause (
b) by adding "provincial health agency
or" before "regional health authority".
(4) Section 3 is amended
(
a) in subsection (1)
(
i) by repealing clause (
c) and substituting the
following:
(
c) the functions and duties of the council, which may
include the following:
(
i) gathering information and public input
respecting health, health needs and health
services in the health services sector or health
region;
(ii) providing advice to the provincial health
agency or regional health authority about
health issues, health needs and priorities,
access to health services and the promotion of
health in the health services sector or health
region and any other matters in relation to the
health services sector or health region as
requested by the provincial health agency or
regional health authority;
(iii) promoting community health promotion
activities in the health services sector or
health region;
(iv) delivering health services in the health
services sector or health region as delegated
by the provincial health agency or regional
health authority;
(ii) in clause (d)
(
A) by adding "provincial health agency or" before
"regional health authority";
(
B) by striking out "provide health services on the
regional health authority's behalf" and
substituting "deliver health services on behalf of
the provincial health agency or regional health
authority";
(iii) in clause (
i) by adding "provincial health agency or"
before "regional health authority";
(
b) by repealing subsection (2) and substituting the
following:
(2) A by-law must not contain a statement referred to in
subsection (1)(
d) unless the approved health plan of the
provincial health agency or regional health authority contains a
statement that the community health council is to have the power
to enter into agreements with the provincial health agency or
regional health authority.
(
c) in subsection (3) by striking out "the Minister, the
regional health authority" and substituting "the sector
Minister, the provincial health agency or regional health
authority";
(
d) in subsection (4)
(
i) by adding "provincial health agency or" before
"regional health authority" wherever it occurs;
(ii) by adding "sector" before "Minister".
(5) Section 5 is amended
(
a) by repealing subsection (1) and substituting the
following:
Eligibility
5(1) No person is eligible to be or remain a member of a
community health council unless that person is ordinarily
resident in
(
a) Alberta, in the case of a community health council
established by a provincial health agency, and
(
b) the health region administered by the regional health
authority, in the case of a community health council
established by a regional health authority.
(
b) in subsection (2)
(
i) in clauses (a), (b), (
c) and (
d) by adding
"provincial health agency or" before "regional health
authority" wherever it occurs;
(ii) in clause (e)
(
A) by adding "provincial health agency or" before
"regional health authority";
(
B) by adding "directly" after "report";
(
c) in subsection 3(a), (
b) and (
d) by adding "provincial
health agency or" before "regional health authority";
(
d) by repealing subsection (4) and substituting the
following:
(4) Notwithstanding subsection (3), an employee of a provincial
health agency or regional health authority is not eligible to be or
remain a member of the community health council if the
provincial health agency or regional health authority intends to
delegate to the council the power to deliver health services on
behalf of the provincial health agency or regional health
authority.
(6) Section 6(6) is amended by striking out "the community
health council or a regional health authority" and substituting "the
community health council or a provincial health agency or a regional
health authority".
(7) Section 7 is amended by adding "provincial health agency
or" before "regional health authority".
(8) Section 9 is repealed.
(9) Section 10(3), (4), (5) and (6) are amended by adding
"provincial health agency or" before "regional health authority"
wherever it occurs.
9(1) The Condominium Property Regulation (AR 168/2000)
is amended by this section.
(2) Schedule 2 is amended in
section 2(
c) by striking out
"drainage district, hospital district or health region under the Regional
Health Authorities Act" and substituting "a drainage district, an
approved hospital under the Hospitals Act or a provincial health
agency or regional health authority under the Provincial Health
Agencies Act".
10(1) The Conflicts of Interest Act
Part 4.3 Designation
Order Regulation (AR 42/2018) is amended by this section.
(2) The
Schedule is amended in Table 1
(
a) by striking out
HEALTH
Alberta Health Services
CEO
Alberta Public Laboratories Ltd.
CEO
CEO
and substituting
HEALTH
Provincial health agency for the acute
care health services sector
CEO
Provincial health agency for the primary
care health services sector
CEO
Provincial health agency for the
continuing care health services sector
CEO
Regional Health Authority
CEO
Alberta Public Laboratories Ltd.
CEO
CEO
(
b) by striking out
MUNICIPAL AFFAIRS
Land and Property Rights Tribunal
Chair
and substituting
MENTAL HEALTH AND ADDICTION
Provincial health agency for the mental
health and addiction health services sector
CEO
MUNICIPAL AFFAIRS
Land and Property Rights Tribunal
Chair
11(1) The Conflicts of Interest
Part 4.3 Inclusion Order
(AR 41/2018) is amended by this section.
(2) Section 2(
a) is amended by striking out "Alberta Health
Services" and substituting "a provincial health agency or regional
health authority under the Provincial Health Agencies Act".
12(1) The Continuing Care Regulation (AR 21/2024) is
amended by this section.
(2) Section 1(
k) is amended by striking out "established under
the Regional Health Authorities Act" and substituting "under the
Provincial Health Agencies Act".
13(1) The Corrections Regulation (AR 205/2001) is amended
by this section.
(2) Section 1(2) is amended by adding "provincial health
agency or" before "regional health authority".
14(1) The Credit Union (Principal) Regulation (AR 249/89) is
amended by this section.
(2) Section 54(5)(
b) is repealed and the following is
substituted:
(
b) a municipality or school division,
(b.1) a provincial health agency or regional health authority under
the Provincial Health Agencies Act, or
15(1) The Fatality Inquiries Regulation (AR 65/2000) is
amended by this section.
(2) Section 7.1(2) is amended
(
a) by repealing clause (a)(
i) and substituting the
following:
(
i) owned and operated by a provincial health agency or
regional health authority under the Provincial Health
Agencies Act, or
(
b) in clause (
b) by striking out "regional health authority
established under the Regional Health Authorities Act" and
substituting "provincial health agency or regional health
authority under the Provincial Health Agencies Act";
(
c) by adding the following after clause (b):
(b.1) a provincial health agency under the Provincial Health
Agencies Act;
(
d) in clause (
c) by striking out "Regional Health
Authorities Act" and substituting "Provincial Health
Agencies Act";
(
e) by repealing clause (
d) and substituting the
following:
(
d) a regional health authority under the Provincial Health
Agencies Act;
16(1) The Food Regulation (AR 31/2006) is amended by this
section.
(2) Section 1(1)(ll) is amended by striking out "established
under the Regional Health Authorities Act" and substituting "under
the Provincial Health Agencies Act".
17(1) The Fuel Tax Regulation (AR 62/2007) is amended by
this section.
(2) Section 1(1)(w)(
v) is repealed and the following is
substituted:
(
v) a provincial health agency or regional health authority under
the Provincial Health Agencies Act;
18(1) The General Regulation (AR 226/98) is amended by
this section.
(2) Schedule 3 is amended in
section 3(
c) by striking out
"drainage district, hospital district or health region under the Regional
Health Authorities Act" and substituting "a drainage district, an
approved hospital under the Hospitals Act or a provincial health
agency or regional health authority under the Provincial Health
Agencies Act".
19(1) The General Regulation (AR 249/98) is amended by
this section.
(2) Schedule 2 is amended in
section 3(
c) by striking out
"drainage district, hospital district or health region under the Regional
Health Authorities Act" and substituting "a drainage district, an
approved hospital under the Hospitals Act or a provincial health
agency or regional health authority under the Provincial Health
Agencies Act".
20(1) The Health Advocate Regulation (AR 49/2014) is
amended by this section.
(2) Section 7(1) and (2) are amended by adding "provincial
health agency," before "regional health authority".
21(1) The Health Information Regulation (AR 70/2001) is
amended by this section.
(2) Section 2(1)(
g) is repealed and the following is
substituted:
(
g) a Family Care Clinic approved by the Minister that is not
operated by a provincial health agency or regional health
authority under the Provincial Health Agencies Act;
(3) Section 3(b)(ii) is amended by striking out ", as established
under the Regional Health Authorities Act," and substituting "under
the Provincial Health Agencies Act".
22(1) The Management Body Operation and Administration
Regulation (AR 243/94) is amended by this section.
(2) Section 26(2)(
b) is repealed and the following is
substituted:
(
b) securities of a municipality, a school division, an approved
hospital under the Hospitals Act, a provincial health agency
or regional health authority under the Provincial Health
Agencies Act or a regional services commission in Alberta;
23(1) The Mental Health Act Forms and Designation
Regulation (AR 136/2004) is amended by this section.
(2) The
Schedule is amended in Form 6 by striking out
(Note: This form needs to be completed only when a patient is being
transferred from
(
a) a designated AHS facility to the Grey Nuns Community
Hospital, Misericordia Community Hospital or Villa Caritas,
(
b) the Grey Nuns Community Hospital, Misericordia
Community Hospital or Villa Caritas to a designated AHS
facility.)
and substituting
(Note: This form needs to be completed only when a patient is
transferred from
(
a) a designated facility operated by a provincial health agency
or regional health authority to the Grey Nuns Community
Hospital, Misericordia Community Hospital or Villa Caritas,
(
b) the Grey Nuns Community Hospital, Misericordia
Community Hospital or Villa Caritas to a designated facility
operated by a provincial health agency or regional health
authority.)
24(1) The Mental Health Patient Advocate Regulation
(AR 173/2020) is amended by this section.
(2) Section 1 is amended by adding the following after
clause (f):
(g) "provincial health agency" means a provincial health agency
under the Provincial Health Agencies Act;
(h) "regional health authority" means a regional health authority
under the Provincial Health Agencies Act.
(3) Section 4(2)(
c) is amended by adding "provincial health
agency," before "regional health authority".
(4) Section 5(4) is amended by adding "provincial health
agency," before "regional health authority" wherever it occurs.
(5) Section 8 is amended
(
a) in subsection (1)(
a) by striking out "regional health
authority" and substituting "provincial health agency or
regional health authority";
(
b) in subsection (3)
(
i) by adding "provincial health agency," before
"regional health authority" wherever it occurs;
(ii) by adding "provincial health agency's," before
"regional health authority's".
(6) Section 11 is amended
(
a) in subsection (1)
(
i) by adding "provincial health agency," before
"regional health authority";
(ii) in clause (
a) by striking out "or regional health
authority" and substituting ", provincial health
agency or regional health authority" wherever it
occurs;
(iii) in clause (
b) by adding "provincial health agency,"
before "regional health authority";
(
b) in subsection (2) by adding "provincial health agency,"
before "regional health authority" wherever it occurs.
25(1) The Mental Health Services Protection Regulation
(AR 114/2021) is amended by this section.
(2) Section 1 is amended
(
a) by adding the following after clause (h.3):
(h.31) "provincial health agency" means a provincial health
agency under the Provincial Health Agencies Act;
(
b) in clause (
j) by striking out "established under the
Regional Health Authorities Act" and substituting "under
the Provincial Health Agencies Act".
(3) Section 4(b)(
i) is repealed and the following is
substituted:
(
i) a provincial health agency;
(i.1) a regional health authority;
(4) Sections 15(2) and 56(1)(a)(i)(
B) and (ii) are amended by
adding "provincial health agency or" before "regional health
authority".
26(1) The Minor Injury Regulation (AR 123/2004) is
amended by this section.
(2) Section 10(2)(
a) is amended by striking out "regional
health authority" and substituting "provincial health agency or
regional health authority under the Provincial Health Agencies Act".
27(1) The Municipal Investment Regulation (AR 149/2022) is
amended by this section.
(2) Sections 4(b)(iii) and (iv), 5(b)(iii) and (iv) and 6(c)(iii)
and (iv) are repealed and the following is substituted:
(iii) an approved hospital under the Hospitals Act;
(iii.1) a provincial health agency under the Provincial Health
Agencies Act;
(iv) a regional health authority under the Provincial Health
Agencies Act;
28(1) The Nuisance and General Sanitation Regulation
(AR 243/2003) is amended by this section.
(2) Section 1(
e) is amended by striking out "established under
the Regional Health Authorities Act" and substituting "under the
Provincial Health Agencies Act".
29(1) The Patient Concerns Resolution Process Regulation
(AR 124/2006) is amended by this section.
(2) Section (1) is amended
(
a) by repealing clause (
c) and substituting the
following:
(c) "health authority" means
(
i) a provincial health agency,
(ii) a regional health authority, and
(iii) a provincial health board established for the
purposes of delivering health services;
(
b) in clause (
f) by striking out "provides" and
substituting "delivers".
(3) Section 2 is amended
(
a) by striking out "provision" wherever it occurs and
substituting "delivery";
(
b) by striking out "provide" wherever it occurs and
substituting "deliver";
(
c) by striking out "provided" wherever it occurs and
substituting "delivered".
(4) Section 6.1 is repealed and the following is substituted:
Annual reports
6.1 The annual report of a provincial health agency or regional
health authority under
section 14(2) of the Act must include a report
on activities under the patient concerns resolution process of the
provincial health agency or regional health authority for the previous
fiscal year.
30(1) The Potable Water Regulation (AR 277/2003) is
amended by this section.
(2) Section 11(1)(
b) and (2)(
b) are amended by striking out
"Regional Health Authority" and substituting "provincial health
agency or regional health authority under the Provincial Health
Agencies Act".
31(1) The Protection for Persons in Care Regulation
(AR 97/2010) is amended by this section.
(2) Section 3(
c) is amended by striking out "Alberta Health
Services" and substituting "a provincial health agency or regional
health authority as defined in the Provincial Health Agencies Act".
32(1) The Public Interest Disclosure (Whistleblower
Protection) Regulation (AR 71/2013) is amended by this
section.
(2) Schedule 1 is amended in
section 2
(
a) in clause (
a) by striking out "regional health authority
under the Regional Health Authorities Act" and
substituting "provincial health agency or regional health
authority under the Provincial Health Agencies Act";
(
b) in clause (
b) by striking out "Regional Health
Authorities Act" and substituting "Provincial Health
Agencies Act".
(3) Schedule 2 is amended in
section 2(
a) by striking out
"regional health authority under the Regional Health Authorities Act"
and substituting "provincial health agency or regional health
authority under the Provincial Health Agencies Act".
33(1) The Public Sector Compensation Transparency
General Regulation (AR 52/2016) is amended by this
section.
(2) Section 2.1(1) is amended by striking out "Alberta Health
Services" and substituting "a provincial health agency or regional
health authority under the Provincial Health Agencies Act".
34(1) The Regional Health Authorities Foundations
Regulation (AR 28/2007) is amended by this section.
(2) Section 1 is amended
(
a) by repealing clause (a);
(
b) in clause (
e) by adding "sector" before "Minister";
(
c) by adding the following after clause (f):
(g) "sector Minister", with respect to a foundation, means
the sector Minister for the relevant regional health
authority.
(3) Sections 2, 3, 16 and 18 are amended by adding "sector"
before "Minister" wherever it occurs.
(4) Section 19 is repealed.
35(1) The Regional Health Authority Membership
Regulation (AR 164/2004) is amended by the section.
(2) The title of the Regulation is amended by striking out
"REGIONAL HEALTH AUTHORITY" and substituting
"PROVINCIAL HEALTH AGENCY".
(3) Sections 1 and 2 are repealed.
(4) Section 3 is amended
(
a) by repealing subsection (1) and substituting the
following:
Appointment of members
3(1) The sector Minister shall appoint the members of a
provincial health agency or regional health authority.
(
b) in subsection (2.1)
(
i) by adding "sector" before "Minister" wherever it
occurs;
(ii) by adding "section 1.93 of the Act or" before
"subsection (2)(b)";
(
c) in subsection (3) by adding "provincial health agency
or" before "regional health authority".
(5) Section 4 is amended by adding "sector" before "Minister".
(6) Section 10 is repealed.
36(1) The Restricted Activity Authorization Regulation
(AR 5/2004) is amended by this section.
(2) Section 1 is amended
(
a) by adding the following before clause (b):
(a.1) "provincial health agency" means the provincial health
agency established for the mental health and addiction
health services sector under the Provincial Health
Agencies Act;
(
b) in clause (b.1) by striking out "Regional Health
Authorities Act" and substituting "Provincial Health
Agencies Act";
(
c) in clause (
c) by adding "provincial health agency or"
before "regional health authority" wherever it occurs.
37(1) The Temporary Employment and Job Creation
Programs Regulation (AR 33/2010) is amended by this
section.
(2) Section 2(
j) is repealed and the following is substituted:
(
j) a provincial health agency or regional health authority under
the Provincial Health Agencies Act;
38(1) The Workers' Compensation Regulation
(AR 325/2002) is amended by this section.
(2) Schedule A is amended
(
a) by striking out
Authorities, Boards, Commissions or Foundations that do not
operate as industries under the Act, other than the Alberta
Gaming, Liquor and Cannabis Commission, the Alberta
Mental Health Board, the Workers' Compensation Board and
regional health authorities and subsidiary health corporations
under the Regional Health Authorities Act;
and substituting
Authorities, Boards, Commissions or Foundations that do not
operate as industries under the Act, other than the Alberta
Gaming, Liquor and Cannabis Commission, the Workers'
Compensation Board and provincial health agencies, regional
health authorities and subsidiary health corporations under the
Provincial Health Agencies Act;
(
b) by striking out
medical and dental services, provision of, except when those
services are provided by a regional health authority or a
subsidiary health corporation under the Regional Health
Authorities Act, a public hospital as defined in
section 0.1(
m) of the Health Facilities Act, a continuing care home operator,
supportive living accommodation operator or home and
community care provider as defined in the Continuing Care
Act, emergency response or paramedic services or
manufacturers of medical or dental devices;
and substituting
medical and dental services, provision of, except when those
services are provided by a provincial health agency, regional
health authority or subsidiary health corporation under the
Provincial Health Agencies Act, a public hospital as defined in
section 0.1(
m) of the Health Facilities Act, a continuing care
home operator, supportive living accommodation operator or
home and community care provider as defined in the
Continuing Care Act, emergency response or paramedic
services or manufacturers of medical or dental devices;
39(1) The Youth Justice Designation Regulation
(AR 322/2009) is amended by this section.
(2) Section 3(
d) is amended by striking out "regional health
authority" and substituting "provincial health agency or regional
health authority".
Coming into force
40 This Regulation comes into force on the coming into
force of
section 40(34) of the Health Statutes Amendment
Act, 2024.
--------------------------------
Alberta Regulation 126/2024
Regional Health Authorities Act
PROVINCIAL HEALTH AGENCIES ACT (CONSEQUENTIAL
AMENDMENTS) REGULATION (NO. 2)
Filed: June 20, 2024
For information only: Made by the Lieutenant Governor in Council (O.C. 190/2024)
on June 20, 2024 pursuant to the Regional Health Authorities Act as amended by
section 40(34) of the Health Statutes Amendment Act, 2024.
1(1) The Community Treatment Order Regulation
(AR 337/2009) is amended by this section.
(2) Section 1 is amended
(
a) by repealing clause (
b) and substituting the
following:
(b) "appropriate provincial health agency" means the
provincial health agency established for the mental
health and addiction health services sector under the
Provincial Health Agencies Act;
(
b) by adding the following after clause (e):
(f) "provincial health agency" means a provincial health
agency under the Provincial Health Agencies Act;
(g) "regional health authority" means a regional health
authority under the Provincial Health Agencies Act.
(3) Section 4 is repealed and the following is substituted:
Provision of treatment or care by provincial
health agency or regional health authority
4 If a provincial health agency or regional health authority delivers
services that are part of the treatment or care required under a
community treatment order, the community treatment order,
including any amendments to the treatment or care plan, must be
signed by a person authorized by the provincial health agency or
regional health authority before it becomes effective.
(4) Section 6 is amended
(
a) in subsection (1) by striking out "appropriate regional
health authority" and substituting "appropriate provincial
health agency";
(
b) in subsection (3) by striking out "regional health
authority" and substituting "appropriate provincial health
agency".
(5) Section 7 is amended
(
a) in subsection (1) by striking out "appropriate regional
health authority" and substituting "appropriate provincial
health agency";
(
b) in subsection (2) by striking out "regional health
authority" wherever it occurs and substituting
"appropriate provincial health agency".
2(1) The Mental Health Act Forms and Designation
Regulation (AR 136/2004) is amended by this section.
(2) Section 1(1) is amended
(
a) by repealing clause (
b) and substituting the
following:
(b) "appropriate provincial health agency" means the
provincial health agency established for the mental
health and addiction health services sector under the
Provincial Health Agencies Act;
(
b) by adding the following after clause (c):
(d) "provincial health agency" means a provincial health
agency under the Provincial Health Agencies Act;
(e) "regional health authority" means a regional health
authority under the Provincial Health Agencies Act.
(3) The
Schedule is amended
(
a) in
Part III of Forms 19 and 20
(
i) by striking out
(signature of provider or person (date)
authorized by regional health authority)
(Where treatment or care is provided by a regional health
authority provider, a person authorized by the regional
health authority must sign the Plan before it is issued. Where
treatment or care is provided by a provider other than a
regional health authority provider, that provider must sign
the Plan before it is issued.)
and substituting
(signature of provider or person (date)
authorized by provincial health agency
or regional health authority)
(Where treatment or care is provided by a provincial health
agency or regional health authority provider, a person
authorized by the provincial health agency or regional health
authority must sign the Plan before it is issued. Where
treatment or care is provided by a provider other than a
provincial health agency or regional health authority
provider, that provider must sign the Plan before it is issued.)
(ii) by striking out "appropriate regional health
authority" and substituting "appropriate provincial
health agency";
(
b) in Form 21
(
i) by striking out
(signature of provider or person (date)
authorized by regional health authority)
(Where treatment or care is provided by a regional health
authority provider, a person authorized by the regional
health authority must sign the Plan before it is issued.)
and substituting
(signature of provider or person (date)
authorized by provincial health agency
or regional health authority)
(Where treatment or care is provided by a provincial health
agency or regional health authority provider, a person
authorized by the provincial health agency or regional health
authority must sign the Plan before it is issued.)
(ii) by striking out "appropriate regional health
authority" and substituting "appropriate provincial
health agency";
(
c) in Form 25 by striking out "appropriate regional health
authority" and substituting "appropriate provincial health
agency".
Coming into force
3 This Regulation comes into force on September 1, 2024.
--------------------------------
Alberta Regulation 127/2024
Seniors Benefit Act
SENIORS BENEFIT ACT GENERAL
AMENDMENT REGULATION
Filed: June 20, 2024
For information only: Made by the Lieutenant Governor in Council (O.C. 191/2024)
on June 20, 2024 pursuant to
section 6 of the Seniors Benefit Act.
1 The Seniors Benefit Act General Regulation (AR 213/94)
is amended by this Regulation.
Section 8.3(1)(
c) and (
e) are repealed and the following is
substituted:
(
c) in the case of an applicant who is a single senior, the
applicant's total income, after deducting the supplementary
accommodation assistance benefit and Canada Pension Plan
Death benefit paid to the applicant in the calendar year
immediately preceding the benefit adjustment year, is less
than, effective the benefit adjustment date of each benefit
adjustment year, the sum of
(
i) the single senior non-deductible income amount under
section 8 of the
Schedule to the Act for the benefit
adjustment year,
plus
(ii) an amount equal to the maximum annual amount, not
including retroactive payments and not adjusted for
deferral, of the monthly pension payable to a single
senior under the Old Age Security Act (Canada) in the
calendar year that ended before the commencement of
the benefit adjustment year,
adjusted annually, and
(
d) in the case of an applicant who is part of a senior couple, the
senior couple's total income, after deducting the
supplementary accommodation assistance benefit and
Canada Pension Plan Death benefit paid to the senior couple
in the calendar year immediately preceding the benefit
adjustment year, is less than, effective the benefit adjustment
date of each benefit adjustment year, double the sum of
(
i) the single senior non-deductible income amount under
section 8 of the
Schedule to the Act for the benefit
adjustment year,
plus
(ii) an amount equal to the maximum annual amount, not
including retroactive payments and not adjusted for
deferral, of the monthly pension payable to a single
senior under the Old Age Security Act (Canada) in the
calendar year that ended before the commencement of
the benefit adjustment year,
adjusted annually.
Section 8.4(1)(
c) and (
d) are repealed and the following is
substituted:
(
c) in the case of an applicant who is a single senior, the
applicant's total income, after deducting the supplementary
accommodation assistance benefit and Canada Pension Plan
Death benefit paid to the applicant in the calendar year
immediately preceding the benefit adjustment year, is less
than, effective the benefit adjustment date of each benefit
adjustment year, the sum of
(
i) the single senior non-deductible income amount under
section 8 of the
Schedule to the Act for the benefit
adjustment year,
plus
(ii) an amount equal to the maximum annual amount, not
including retroactive payments and not adjusted for
deferral, of the monthly pension payable to a single
senior under the Old Age Security Act (Canada) in the
calendar year that ended before the commencement of
the benefit adjustment year,
adjusted annually, and
(
d) in the case of an applicant who is part of a senior couple, the
senior couple's total income, after deducting the
supplementary accommodation assistance benefit and
Canada Pension Plan Death benefit paid to the senior couple
in the calendar year immediately preceding the benefit
adjustment year, is less than, effective the benefit adjustment
date of each benefit adjustment year, double the sum of
(
i) the single senior non-deductible income amount under
section 8 of the
Schedule to the Act for the benefit
adjustment year,
plus
(ii) an amount equal to the maximum annual amount, not
including retroactive payments and not adjusted for
deferral, of the monthly pension payable to a single
senior under the Old Age Security Act (Canada) in the
calendar year that ended before the commencement of
the benefit adjustment year,
adjusted annually.
Section 12.1 is amended by striking out "July 1, 2025" and
substituting "July 1, 2030".
Alberta Regulation 128/2024
Municipal Government Act
MUNICIPAL GAS SYSTEMS CORE MARKET
(EXPIRY DATE EXTENSION) AMENDMENT REGULATION
Filed: June 20, 2024
For information only: Made by the Lieutenant Governor in Council (O.C. 193/2024)
on June 20, 2024 pursuant to
section 31 of the Municipal Government Act.
1 The Municipal Gas Systems Core Market Regulation
(AR 93/2001) is amended by this Regulation.
Section 10 is amended by striking out "July 31, 2024" and
substituting "July 31, 2029".
--------------------------------
Alberta Regulation 129/2024
Freedom of Information and Protection of Privacy Act
FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY
(EXPIRY DATE EXTENSION) AMENDMENT REGULATION
Filed: June 20, 2024
For information only: Made by the Lieutenant Governor in Council (O.C. 204/2024)
on June 20, 2024 pursuant to
section 94(1) of the Freedom of Information and
Protection of Privacy Act.
1 The Freedom of Information and Protection of Privacy
Regulation (AR 186/2008) is amended by this Regulation.
Section 21 is amended by striking out "June 30, 2024" and
substituting "June 30, 2025".
Alberta Regulation 130/2024
Red Tape Reduction Act
RED TAPE REDUCTION REGULATION
Filed: June 20, 2024
For information only: Made by the Lieutenant Governor in Council (O.C. 205/2024)
on June 20, 2024 pursuant to
section 4 of the Red Tape Reduction Act.
Table of Contents
Definitions
2 Exemptions
3 Reducing regulatory requirements
4 Ministry reporting
5 Annual report
6 Considerations when developing or
reviewing regulatory requirements
7 Expiry
8 Coming into force
Definitions
1 In this Regulation,
(a) "baseline count" means the total number of regulatory
requirements for a ministry as of February 28, 2020;
(b) "direct compliance cost" means the direct cost of complying
with a regulatory requirement and includes administrative
costs, fees, upfront capital costs and operating costs;
(c) "emergency" means a present or imminent situation or
condition that requires prompt action to prevent or limit
(
i) the loss of life,
(ii) harm or damage to the safety, health or welfare of
people, or
(iii) damage to property or the environment;
(d) "reduction target" means the total number of regulatory
requirements that must be reduced to achieve a 33%
reduction against the baseline count;
(e) "reporting period" means the period beginning on April 1 of
a year and ending on March 31 of the following year;
(f) "total number of regulatory requirements", in relation to a
ministry, means the total number of regulatory requirements
for which a ministry is responsible;
(g) "total reduction target" means the total of the reduction
targets for all ministries.
Exemptions
2(1) The following are not regulatory instruments under
section 1(
f) of the Act:
(
a) any bylaws made by the board of directors of ATB Financial;
(
b) any bylaws made by the board of governors of a public
post-secondary institution in Alberta.
(2) The following are not regulatory requirements under
section 1(
g) of the Act:
(
a) regulatory requirements that relate to practice and procedure
in the proceedings of a court or tribunal;
(
b) regulatory requirements that relate to an agreement between
the Government of Alberta and the governing body of
another jurisdiction;
(
c) regulatory requirements that are validating or transitional in
nature;
(
d) regulatory requirements that relate only to the employees of a
ministry;
(
e) regulatory requirements that determine or change a fee, fine
or tax rate;
(
f) regulatory requirements that are made in response to an
emergency.
Reducing regulatory requirements
3(1) If the making or enactment of a regulatory instrument results in
an increase in a ministry's total number of regulatory requirements, the
ministry must reduce the total number of regulatory requirements in
accordance with this
section within 2 years from the date the
regulatory instrument is made or enacted.
(2) If a ministry fails to meet the reduction target in a reporting period,
the ministry must remove 1 regulatory requirement for each regulatory
requirement added at the time the regulatory instrument was made or
enacted.
(3) If a ministry exceeds the reduction target by 2% or less in a
reporting period, the ministry must remove 1 regulatory requirement
for each regulatory requirement added at the time the regulatory
instrument was made or enacted.
(4) If a ministry exceeds the reduction target by more than 2% but less
than 7% in a reporting period, the ministry must remove 2 regulatory
requirements for every 3 regulatory requirements added at the time the
regulatory instrument was made or enacted.
(5) If a ministry exceeds the reduction target by 7% or more in a
reporting period, the ministry must remove 1 regulatory requirement
for every 3 regulatory requirements added at the time the regulatory
instrument was made or enacted.
(6) A ministry to which subsection (2) applies must provide a plan
detailing how the ministry will further reduce the total number of
regulatory requirements by at least 1% in each successive reporting
period until the reduction target is met.
(7) Notwithstanding anything in this section, if all ministries
collectively fail to meet the total reduction target at the end of a
reporting period, each ministry must remove 1 regulatory requirement
for each regulatory requirement added at the time a regulatory
instrument is made or enacted by the ministry until the total reduction
target is met.
Ministry reporting
4(1) Each Minister shall submit a report on the red tape reduction
strategies and initiatives of the ministry for which the Minister is
responsible not more than 3 months after the end of the reporting
period.
(2) A report under subsection (1) must include
(
a) the net change in the total number of regulatory requirements
over the reporting period,
(
b) the direct compliance cost changes resulting from the net
change in the total number of regulatory requirements over
the reporting period,
(
c) an update on the actual results of the ministry's strategies and
initiatives intended to reduce the total number of regulatory
requirements over the reporting period,
(
d) an estimate of the net change in the total number of
regulatory requirements for the current reporting period,
(
e) rationale for the estimate of the net change, if any, referred to
in clause (d),
(
f) any plan under
section 3(6), if applicable, and
(
g) any other information requested by the Red Tape Reduction
Minister.
(3) Notwithstanding subsection (2), if a report under subsection
(1) shows an increase in the total number of regulatory requirements from
the previous period, the report must include
(
a) an offset plan detailing how the Minister will reduce the total
number of regulatory requirements in accordance with
section 3, or
(
b) an alternative plan approved by the Red Tape Reduction
Minister.
(4) Each Minister shall submit the report to the Red Tape Reduction
Minister in a form and manner established by the Red Tape Reduction
Minister.
Annual report
5(1) The Red Tape Reduction Minister shall prepare and make
publicly available an annual report no later than 10 months after the
end of a reporting period.
(2) The annual report must include
(
a) an update on the actual results of the strategies and initiatives
intended to reduce regulatory requirements undertaken by the
Government of Alberta over the reporting period, including
direct compliance cost impacts, and
(
b) any other information the Red Tape Reduction Minister
considers appropriate.
Considerations when developing or
reviewing regulatory requirements
6(1) Each Minister shall consider the principles and issues set out in
subsection (2) before a regulatory requirement is
(
a) enacted, amended or repealed, in the case of a regulatory
requirement in a regulatory instrument that is
an Act or
regulation, or
(
b) made, amended or dispensed with, in the case of a regulatory
requirement in a regulatory instrument that is a policy or
form made by a ministry.
(2) The principles and issues that each Minister shall consider include
the following:
(
a) whether there is strong evidence of need for the regulatory
requirement;
(
b) whether non-regulatory alternatives have been considered to
achieve the intended outcome;
(
c) whether meaningful engagement with stakeholders has
occurred on the potential impact of the regulatory
requirement on Albertans, industry and other stakeholders;
(
d) whether the regulatory requirement is related to the public
interest, including health, safety, the environment and fiscal
accountability;
(
e) whether the regulatory requirement achieves the intended
outcome at minimal cost to government and Albertans;
(
f) whether information required to comply with the regulatory
requirement is communicated clearly and in plain language to
assist those persons required to comply with it;
(
g) whether the administrative burden of complying, and any
potential penalty for non-compliance, with the regulatory
requirement are proportionate to the value generated by
maintaining the regulatory requirement;
(
h) that the total number of regulatory requirements imposed by
a regulatory instrument is minimized to the extent feasible.
(3) Each Minister shall undertake an ongoing review to ensure the
relevancy of any regulatory instrument that is made, enacted or
amended, as the case may be.
Expiry
7 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be
repassed in its present or an amended form following a review, this
Regulation expires on August 1, 2029.
Coming into force
8 This Regulation comes into force on the coming into force of
section 12 of the Red Tape Reduction Statutes Amendment Act, 2024.
--------------------------------
Alberta Regulation 131/2024
Education Act
CHARTER SCHOOLS EXEMPTION AND APPLICATION
(EXPIRY DATE EXTENSION) AMENDMENT REGULATION
Filed: June 20, 2024
For information only: Made by the Lieutenant Governor in Council (O.C. 207/2024)
on June 20, 2024 pursuant to
section 27 of the Education Act.
1 The Charter Schools Exemption and Application
Regulation (AR 76/2019) is amended by this Regulation.
Section 3 is amended by striking out "August 31, 2024"
and substituting "August 31, 2028".
--------------------------------
Alberta Regulation 132/2024
Environmental Protection and Enhancement Act
EXTENDED PRODUCER RESPONSIBILITY
AMENDMENT REGULATION
Filed: June 20, 2024
For information only: Made by the Lieutenant Governor in Council (O.C. 217/2024)
on June 20, 2024 pursuant to
section 175 of the Environmental Protection and
Enhancement Act.
1 The Extended Producer Responsibility Regulation
(AR 194/2022) is amended by this Regulation.
Section 15(1) is amended by striking out "Subject to
subsection (2)" and substituting "Subject to subsections (2) and
(3)".
3 The following is added after
section 15:
Newspaper and magazine exemptions
15.1(1) Subject to subsection (3), if a producer supplies less than
200 tonnes annually of a specific newspaper or magazine, the
producer is exempt from the requirements of this
Part in respect of
the specific newspaper or magazine.
(2) For the purposes of subsection (1), the following are not
considered part of a specific newspaper or magazine and are not
included in calculating the weight of a specific newspaper or
magazine:
(
a) catalogues;
(
b) flyers;
(
c) packaging;
(
d) packaging-like products;
(
e) any other paper products inserted into the specific newspaper
or magazine.
(3) Producers referred to in subsection (1) are subject to any
registration, reporting and record-keeping requirements under this
Regulation and the bylaws.
--------------------------------
Alberta Regulation 133/2024
Government Organization Act
DESIGNATION AND TRANSFER OF
RESPONSIBILITY AMENDMENT REGULATION
Filed: June 20, 2024
For information only: Made by the Lieutenant Governor in Council (O.C. 218/2024)
on June 20, 2024 pursuant to
section 16 of the Government Organization Act.
1 The Designation and Transfer of Responsibility
Regulation (AR 11/2023) is amended by this Regulation.
Section 1(1) is amended by adding the following after
clause (b):
(
c) Provincial Priorities Act.
Section 3(1)(
m) and (
n) are repealed.
Section 4.1(1)(k), (n), (o), (
s) and (
t) are repealed.
Section 5 is amended
(
a) by repealing subsection (1)(
b) and substituting the
following:
(
b) Child, Youth and Family Enhancement Act, except
sections 118(1), (2), (3) and (5)(b), 128(1)(
a) and (3)
and 131(2)(b);
(
b) by adding the following after subsection (1):
(1.1) The Minister of Children and Family Services and the
Minister of Seniors, Community and Social Services are
designated as the Ministers with common responsibility for
section 118(1), (2), (3) and (5)(
b) of the Child, Youth and Family
Enhancement Act.
Section 11 is amended
(
a) in subsection (1)
(
i) by adding the following after clause (z):
(z.1) Provincial Health Agencies Act;
(ii) by repealing clauses (bb) and (cc);
(
b) in subsection (2)(
a) by adding "and" at the end of
subclause (i), by striking out "and" at the end of
subclause (ii) and by repealing subclause (iii).
Section 11.1(1) is repealed and the following is
substituted:
Immigration and Multiculturalism
11.1(1) The Minister of Immigration and Multiculturalism is
designated as the Minister responsible for the following enactments:
(
a) Genocide Remembrance, Condemnation and Prevention
Month Act;
(
b) section 1 of
Schedule 3 to the Government Organization Act;
(
c) Holocaust Memorial Day and Genocide Remembrance Act;
(
d) Polish-Canadian Heritage Day Act;
(
e) Ukrainian-Canadian Heritage Day Act;
(
f) Ukrainian Famine and Genocide (Holodomor) Memorial
Day Act.
Section 13(1) is amended by adding the following after
clause (c):
(
d) Real Property Governance Act.
Section 14 is amended
(
a) in subsection (1)(b.1) by adding ", except
section 19(1)
and (2)" after "Early Learning and Child Care Act";
(
b) by adding the following after subsection (1):
(1.1) The Minister of Jobs, Economy and Trade and the Minister
of Seniors, Community and Social Services are designated as the
Ministers with common responsibility for
section 19(1) and (2)
of the Early Learning and Child Care Act.
Section 16(1) is amended by renumbering clause (
a) as
clause (a.1) and by adding the following before clause (a.1):
(
a) Canadian Centre of Recovery Excellence Act;
Section 20(1)(
f) is repealed.
Section 25(1) is amended
(
a) by adding the following after clause (c):
(c.1) Alberta Pension Protection Act;
(
b) by repealing clauses (
o) and (nn).
Alberta Regulation 134/2024
Regional Health Authorities Act
REGIONAL HEALTH AUTHORITIES (MINISTERIAL)
AMENDMENT REGULATION
Filed: June 21, 2024
For information only: Made by the Minister of Health (M.O. 28/2024) on June 20,
2024 pursuant to
section 24 of the Regional Health Authorities Act as amended by
section 40(33) of the Health Statutes Amendment Act, 2024.
1 The Regional Health Authorities (Ministerial) Regulation
(AR 17/95) is amended by this Regulation.
2 The title of the Regulation is repealed and the following
is substituted:
PROVINCIAL HEALTH AGENCIES
(MINISTERIAL) REGULATION
Section 1 is amended
(
a) by repealing subsection (1) and substituting the
following:
Reports and returns
1(1) A provincial health agency, by notice in writing, may
require any existing health authority or community health
council delivering health services in the health services sector to
provide the provincial health agency with a report or return
relating to the operations of the existing health authority or
community health council.
(1.1) A regional health authority, by notice in writing, may
require any existing health authority or community health
council operating in the health region to provide the regional
health authority with a report or return relating to the operations
of the existing health authority or community health council.
(
b) in subsections (2) and (3) by adding "or (1.1)" after
"subsection (1)".
Section 2 is repealed and the following is substituted:
Annual report
2(1) For the purposes of
section 14(2)(
c) of the Act, the annual
report must contain any information required by the sector Minister
by notice in writing to the provincial health agency or regional health
authority.
(2) Subject to subsection (3), a provincial health agency or regional
health authority shall provide to the sector Minister its annual report
for the previous fiscal year not later than July 31 immediately
following the end of that fiscal year.
(3) A provincial health agency or regional health authority shall
provide to the sector Minister its audited financial statements and the
information referred to in
section 3 for the previous fiscal year not
later than June 30 immediately following the end of that fiscal year.
(4) The sector Minister, by notice in writing, may require a
provincial health agency or regional health authority to provide the
information required under this
section and
section 14(2) of the Act
in the form and with the content specified by the sector Minister.
Section 2.1 is amended
(
a) by adding "provincial health agency or" before "regional
health authority";
(
b) by adding "sector" before "Minister" wherever it
occurs.
6 The following is added after
section 2.1:
First reports of provincial health agencies
2.2(1) Notwithstanding
section 1.1 of the Provincial Health
Agencies Regulation (AR 15/95), the first fiscal year of a provincial
health agency begins on the date on which the provincial health
agency is established and ends on the following March 31.
(2) Notwithstanding
section 2(2) and (3), the sector Minister shall
determine when the provincial health agency must provide the
documents and information referred to in
section 2(2) and (3) with
respect to the first fiscal year of the provincial health agency.
(3) Notwithstanding
section 2.1, the sector Minister shall determine
when the provincial health agency must provide the reports referred
to in
section 2.1 after each of the quarters ending on June 30,
September 30 and December 31 in the first fiscal year of the
provincial health agency.
Section 3 is repealed and the following is substituted:
Remuneration and benefits
3(1) In this section, "management personnel" includes medical
officers who exercise management functions.
(2) For the purposes of
section 14(2)(b)(ii) of the Act, information
on remuneration and benefits paid to members, officers and
employees of a provincial health agency or regional health authority
must be disclosed in accordance with this section.
(3) Remuneration and benefits must be disclosed for the following
individuals:
(
a) the members of the provincial health agency or regional
health authority;
(
b) the chief executive officer of the provincial health agency or
regional health authority;
(
c) management personnel who report directly to one or more
members of the provincial health agency or regional health
authority;
(
d) management personnel who report directly to the chief
executive officer of the provincial health agency or regional
health authority;
(
e) management personnel who report to the management
personnel referred to in clause (d);
(
f) individuals engaged on a fee for service basis in a
management capacity referred to in any of clauses (
b) to (e).
(4) Remuneration and benefits must be disclosed
(
a) on an individual basis by name in the case of the individuals
referred to in subsection (3)(a),
(
b) on an individual basis by reference to position titles in the
case of the individuals referred to in subsection (3)(b), (
c) and (
d) and the individuals referred to in subsection (3)(
f) who are engaged in a capacity referred to in subsection
(3)(b), (
c) or (d), and
(
c) on a group basis in the case of the individuals referred to in
subsection (3)(
e) and the individuals referred to in subsection
(3)(
f) who are engaged in a capacity referred to in subsection
(3)(e).
(5) Notwithstanding subsection (4)(
a) and (b), where an individual
is the chief executive officer and a member of a provincial health
agency or regional health authority, the remuneration and benefits
paid to that individual must be disclosed by name and position title.
(6) The information that is required to be reported under this
section
must be reported as a note or
schedule to the financial statements
referred to in
section 14(2)(b)(
i) of the Act.
(7) Where the sector Minister, by notice in writing, requires a
provincial health agency or regional health authority to do so, the
provincial health agency or regional health authority shall include in
the disclosure required under this
section the value of any severance
package that is provided on termination of employment, disclosed on
the same basis as other remuneration and benefits.
Section 4 is amended
(
a) in subsection (1) by adding "provincial health agency
or" before "regional health authority";
(
b) in subsection (2)
(
i) by adding "sector" before "Minister";
(ii) by adding "provincial health agency or" before
"regional health authority";
(
c) in subsection (3) by adding "provincial health agency
or" before "regional health authority".
Section 5 is repealed and the following is substituted:
Auditor eligibility
5 No person is eligible to be appointed by a provincial health
agency or regional health authority as its auditor or to remain as its
auditor unless that person is a professional accounting firm
registered under the Chartered Professional Accountants Act and
authorized to perform an audit engagement.
Section 6 is amended by adding "sector" before
"Minister".
11 The following is added after
section 6:
Expiry
7 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, 2029.
12 This Regulation comes into force on the coming into
force of
section 40(33) of the Health Statutes Amendment
Act, 2024.
--------------------------------
Alberta Regulation 135/2024
Electronic Transactions Act
ELECTRONIC TRANSACTIONS ACT DESIGNATION
(EXPIRY DATE EXTENSION) AMENDMENT REGULATION
Filed: June 24, 2024
For information only: Made by the Minister of Technology and Innovation (M.O.
2/2024) on May 9, 2024 pursuant to
section 32(1) of the Electronic Transactions Act.
1 The Electronic Transactions Act Designation Regulation
(AR 35/2003) is amended by this Regulation.
Section 2 is amended by striking out "June 30, 2024" and
substituting "June 30, 2028".
--------------------------------
Alberta Regulation 136/2024
Family Support for Children with
Disabilities Act
FAMILY SUPPORT FOR CHILDREN WITH DISABILITIES
AMENDMENT REGULATION
Filed: June 28, 2024
For information only: Made by the Minister of Seniors, Community and Social
Services (M.O. 2024-016) on June 27, 2024 pursuant to
section 10 of the Family
Support for Children with Disabilities Act.
1 The Family Support for Children with Disabilities
Regulation (AR 140/2004) is amended by this Regulation.
Section 1(
b) and (
c) are repealed and the following is
substituted:
(b) "day care" means day care as defined in
Schedule 1 to the
Early Learning and Child Care Regulation (AR 143/2008);
(c) "family day home program" means a family day home
program as defined in the Early Learning and Child Care
Act;
(c.01) "out of school care" means out of school care as defined in
Schedule 1 to the Early Learning and Child Care Regulation
(AR 143/2008);
Section 4(1) is amended
(
a) in clause (e)
(
i) in subclause (iii) by striking out "a day care
facility or an out-of-school program" and
substituting "day care or out of school care";
(ii) in subclause (iv) by adding "program" after
"family day home";
(
b) in clause (f)
(
i) by striking out "child care in a day care facility" and
substituting "day care";
(ii) by striking out "the day care facility" and
substituting "the day care";
(iii) by striking out "a day care facility" wherever it
occurs and substituting "day care";
(
c) in clause (j)
(
i) in subclause (
i) by striking out "if it is
recommended by the dental review committee
established by the Alberta Dental Service Corporation"
and substituting ", if the treatment is recommended
by the dental review committee established by the
director, for the portion of costs exceeding";
(ii) in subclause (i)(
A) by striking out "for the portion
of costs exceeding";
(iii) by repealing subclause (i)(
B) and substituting
the following:
(B) $250 annually if the guardian does not have dental
insurance or a benefit plan for dental care;
(
d) in clause (
k) by striking out "aggregate net income
reported on line 236 of the previous year's income tax return
by the child's parents" and substituting "combined net
income of the child's parents, as determined by adding
together the amounts reported by each parent on line 23600
of the previous year's income tax return,".
Section 8 is amended by striking out "June 30, 2024" and
substituting "June 30, 2029".
5 Sections 2 and 3 come into force on July 1, 2024.
--------------------------------
Alberta Regulation 137/2024
Public Lands Act
Public Lands Administration Regulation
PUBLIC LANDS CAMPING PASS ORDER
Filed: June 28, 2024
For information only: Made by the Minister of Forestry and Parks (M.O. 8/2024) on
June 20, 2024 pursuant to
section 9.1(1)(a)(i.1) of the Public Lands Act and
section
33.1 of the Public Lands Administration Regulation.
Table of Contents
Definitions
2 Camping Pass Area
3 Application
Part 1
Camping Pass
4 Requirement for camping pass
5 Obtaining camping pass
6 Validity of camping pass
7 Revocation of camping pass
8 Other requirements unaffected
Part 2
Exemptions
9 Exempt persons
Part 3
Transitional Provision,
Repeal and Expiry
10 Transitional
11 Repeal
12 Expiry
Schedule
Definitions
1 In this Order,
(a) "camping" means an overnight stay, including camping
undertaken for a commercial purpose;
(b) "camping pass" means a type of activity pass issued under
section 5 for the purposes of camping in the Camping Pass
Area;
(c) "Camping Pass Area" means the area of land designated as
the Camping Pass Area under
section 2;
(d) "Department" means the Department of Forestry and Parks;
(e) "exemption" means an exemption referred to in
Part 2 from
requiring a camping pass;
(f) "public land" means land under the administration of the
Minister under
section 2 of the Public Lands Act.
Camping Pass Area
2(1) The public land identified as the Pass Area on the map in the
Schedule is designated as the Camping Pass Area.
(2) For greater certainty, the Camping Pass Area includes the
Porcupine Hills Public Land Use Zone as described in the Public
Lands Administration Regulation (AR 187/2011).
(3) For greater certainty, the Camping Pass Area includes the
Willmore Wilderness Park as described in the Willmore Wilderness
Park Act.
(4) For greater certainty, land described as the Kananaskis
Conservation Pass Area in the Kananaskis Conservation Pass Order,
made by the Minister of Forestry and Parks, as amended or replaced
from time to time, is not included in the Camping Pass Area.
Application
3(1) Subject to subsection (2), this Order applies to public lands
within the Camping Pass Area.
(2) This Order does not apply to land that is subject to the Wilderness
Areas, Ecological Reserves, Natural Areas and Heritage Rangelands
Act.
(3) Despite subsection (1), this Order does not apply to a person who
is an employee or contractor of the Government of Alberta while the
person is engaged in work-related activities in the Camping Pass Area.
Part 1
Camping Pass
Requirement for camping pass
4 Unless exempted under
Part 2, every person who enters on or
occupies public lands for the purpose of camping within the Camping
Pass Area must
(
a) obtain a valid camping pass,
(
b) carry the camping pass while in the Camping Pass Area, and
(
c) if requested by an officer, produce the camping pass for
inspection.
Obtaining camping pass
5(1) To obtain a camping pass, a person must
(
a) acknowledge that the person willingly accepts the risks of
camping on public lands, and
(
b) pay the applicable fee set out in subsection (2), GST and any
other fee listed on the website maintained by the Department
to publish information about camping passes.
(2) The camping pass fees are as follows:
(
a) for an annual camping pass, $30 per person;
(
b) for a 3-day camping pass, $20 per person.
Validity of camping pass
6(1) An annual camping pass is valid immediately on issue for one
year from the date of issue.
(2) A 3-day camping pass is valid for 3 consecutive days, with the first
day beginning at 2:00 p.m. on the date selected and ending at 2:00 p.m.
on the 3rd day.
(3) A camping pass is not refundable and cannot be transferred or
assigned.
Revocation of camping pass
7 A director or officer may revoke a camping pass at any time if the
holder fails to comply with
(
a) this Order, or
(
b) any requirement under the Public Lands Act or the Public
Lands Administration Regulation (AR 187/2011).
Other requirements unaffected
8 The requirements in
section 4 do not affect any other duty or
obligation in connection with the entry on or the use of public land
within the Camping Pass Area for camping purposes, including any
duty or obligation under the Public Lands Act, the regulations under
that Act or any Orders made under that Act or the regulations.
Part 2
Exemptions
Exempt persons
9(1) The following persons are exempt from the requirement to obtain
a camping pass:
(
a) an Indian within the meaning of the Indian Act (Canada);
(
b) a person under the age of 18;
(
c) a person who is a recipient of one of the following programs
administered by the Department of Seniors, Community and
Social Services:
(
i) Income Support;
(ii) Alberta Adult Health Benefit program;
(
d) a person who is a recipient of Assured Income for the
Severely Handicapped and up to 2 people who are
accompanying the recipient while camping in the Camping
Pass Area;
(
e) for that portion of the Camping Pass Area that is north of the
Red Deer River,
(
i) a person who is a recognized Metis harvester under the
document entitled M‚tis Harvesting in Alberta Policy
issued by the Department and accessible on the
Department's website, as amended or replaced from
time to time;
(ii) a person who is a settlement member as defined in the
Metis Settlements Act;
(iii) a person who is a member of the Aseniwuche Winewak
Nation of Canada;
(
f) a person camping for the purpose of engaging in activities
authorized by a disposition that is not an access permit;
(
g) a person camping for the purpose of engaging in guiding or
instructing activities authorized by an access permit;
(
h) a person camping for the purpose of engaging in activities
authorized by a timber disposition issued under the Forests
Act;
(
i) a person camping for the purpose of engaging in activities
authorized by any exploration approval issued under the
Exploration Regulation (AR 284/2006) or the Metallic and
Industrial Minerals Exploration Regulation (AR 213/98);
(
j) a person who is an outfitter or is employed by an outfitter as
defined in the Wildlife Regulation (AR 143/97) while the
person is camping for the purpose of engaging in activities as
an outfitter;
(
k) a person who is the holder of a registered fur management
licence under the Wildlife Regulation (AR 143/97) and is
camping for the purpose of engaging in activities authorized
by the licence within the associated registered fur
management area;
(
l) a person camping on public lands under a disposition not
held by the Department if the disposition is for camping
purposes;
(
m) a person who is an employee or contractor for an Alberta
work-related activities.
(2) When requested by an officer, a person claiming an exemption
from the requirement to obtain a camping pass must provide
documentation or other evidence satisfactory to the officer that the
exemption applies.
Part 3
Transitional Provision,
Repeal and Expiry
Transitional
10 A subsisting camping pass issued in accordance with Ministerial
Order No. 86/2021 made by the Minister of Environment and Parks is
considered to be a camping pass under this Order.
Repeal
11 Ministerial Order No. 86/2021 made by the Minister of
Environment and Parks is repealed.
Expiry
12 For the purpose of ensuring that this Order 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
Order expires on October 31, 2029.
Schedule
Camping Pass Area