Alberta Regulation 194/2018

Electric Utilities Act

SMALL SCALE GENERATION REGULATION

Filed: November 19, 2018

For information only: Made by the Minister of Energy (M.O. 137/2018) on

November 19, 2018 pursuant to sections 88, 99 and 108 of the Electric Utilities Act.

Table of Contents

Definitions

2 Application to qualify as small scale generation

3 Application to qualify as community generation

4 Connection and metering

5 Costs of connection, metering and operation

6 Deemed offer of zero cents

7 Exchange and settlement duties and costs

8 Small scale generating unit not isolated generating unit

9 Change to small scale generating unit

10 Change to community generating unit

11 Coming into force

Definitions

1 In this Regulation,

(a) "CO2e" means CO2e as defined in the Carbon

Competitiveness Incentive Regulation (AR 255/2017);

(b) "community benefits agreement" means a legally binding

contract in writing that

(

i) is between a small scale power producer and a

community group,

(ii) is in respect of a small scale generating unit, and

(iii) confers social, environmental or economic benefits to

the community group;

(c) "community benefits statement" means a statement in writing

that

(

i) is made by a small scale power producer that is a

community group,

(ii) is in respect of a small scale generating unit that is

wholly owned by the community group, and

(iii) sets out the social, environmental or economic benefits

that will be received by the community group;

(d) "community generating unit" means a small scale generating

unit that

(

i) is the subject of a community benefits agreement or a

community benefits statement, and

(ii) has been qualified by the Commission under

section 3;

(e) "community group" means any of the following:

(

i) a co-operative incorporated under the Cooperatives Act;

(ii) a board as defined in the School Act;

(iii) a board of a public post-secondary institution or a board

of a private college operating under the Post-secondary

Learning Act;

(iv) a band as defined in the Indian Act (Canada) that is

located in Alberta;

(

v) a settlement under the Metis Settlements Act;

(vi) a municipal authority as defined in the Municipal

Government Act;

(vii) a society under the Societies Act;

(viii) an incorporated congregation or trustee incorporated

under the Religious Societies' Land Act;

(ix) an irrigation district as defined in the Irrigation

Districts Act;

(

x) an agricultural society referred to in

section 1(c)(

i) of

the Agricultural Societies Act;

(xi) a condominium corporation under the Condominium

Property Act;

(xii) a corporation under the Business Corporations Act that

is a registered charity within the meaning of the Income

Tax Act (Canada);

(xiii) an association registered under

Part 9 of the Companies

Act;

(xiv) an association as defined in the Rural Utilities Act;

(f) "distribution owner", in relation to a generating unit, means

the owner of the electric distribution system for the service

area in which the generating unit is located;

(g) "eligible generating unit" means a generating unit that

(

i) exclusively uses sources of renewable or alternative

energy,

(ii) is or will be connected to an electric distribution system

for the purpose of supplying electric energy,

(

A) to the interconnected electric system, or

(

B) within an isolated community,

and

(iii) has a total nameplate capacity that will not exceed the

electric distribution system hosting capacity at the

interconnection point;

(h) "facility" means one or more small scale generating units of a

small scale power producer connected at a single

interconnection point;

(i) "ISO" means the Independent System Operator;

(j) "ISO settlement period" means the settlement period

established by the ISO rules;

(k) "isolated community" means an isolated community within

the meaning of the Isolated Generating Units and Customer

Choice Regulation (AR 165/2003);

(l) "renewable or alternative energy" means electric energy

generated from

(

i) products having current EcoLogo certification, or

(ii) solar, wind, hydro, fuel cell, geothermal, biomass or

other generation sources, if the emissions intensity of

(

A) the electric energy produced, or

(

B) the total energy produced from the simultaneous

generation of electric energy and production of

thermal energy from the same fuel source

is less than or equal to 418 kg CO2e per MWh;

(m) "small scale generating unit" means an eligible generating

unit that has been qualified as a small scale generating unit

under

section 2;

(n) "small scale power producer" means the owner of a small

scale generating unit.

Application to qualify as small scale generation

2(1) The owner of an eligible generating unit may apply to the

distribution owner for the service area in which the generating unit is

located for the generating unit to be qualified as a small scale

generating unit under this Regulation.

(2) An application under subsection (1) must be in a form established

by the Commission and must

(

a) include all the information required by the Commission, and

(

b) if the eligible generating unit is not yet connected to the

distribution owner's distribution system, specify the date on

which the owner of the eligible generating unit proposes to

connect to the electric distribution system to supply electric

energy

(

i) to the interconnected electric system, or

(ii) in the case of an eligible generating unit in an isolated

community, to the distribution system.

(3) On receipt of an application under subsection (1), the distribution

owner must

(

a) determine whether the eligible generating unit in the

application qualifies as a small scale generating unit, and

(

b) within 30 days of receipt of the application, give the owner of

the eligible generating unit, the Balancing Pool and the

Commission

(

i) notice in writing that the generating unit is qualified as a

small scale generating unit, or

(ii) a notice of dispute in a form established by the

Commission, including all information required by the

Commission.

(4) On receipt of a notice of dispute, the Commission must, within 30

days,

(

a) determine whether the generating unit in the notice qualifies

as a small scale generating unit, and

(

b) communicate its decision to the distribution owner, the

Balancing Pool and the owner of the eligible generating unit.

(5) The decision of the Commission under subsection (4) is final and

is not subject to appeal.

(6) A small scale power producer who intends to increase the total

nameplate capacity of the small scale power producer's facility by

adding another eligible generating unit to the facility must make an

application to the distribution owner in respect of that eligible

generating unit in accordance with this section.

Application to qualify as community generation

3(1) A small scale power producer who owns a small scale generating

unit that is the subject of a community benefits agreement or a

community benefits statement may apply to the Commission to have it

qualified as a community generating unit under this Regulation.

(2) An application under subsection (1) must be in a form established

by the Commission and must include

(

a) the community benefits agreement or community benefits

statement that applies to the small scale generating unit, and

(

b) any other information required by the Commission.

(3) The Commission must, in accordance with the applicable rules

established by the Commission, on receipt of the application under

subsection (1) and the information under subsection (2),

(

a) determine whether the small scale generating unit in the

application qualifies as a community generating unit,

(

b) if it is qualified, determine the amount that the distribution

owner should be compensated for in relation to the costs

incurred under

section 5(2)(

a) or (3)(a)(i),

(

c) give notice to the owner of the small scale generating unit,

the Balancing Pool, the ISO and the applicable distribution

owner that the generating unit is or is not qualified as a

community generating unit, and

(

d) give notice of any determination under clause (

b) to the ISO

and the applicable distribution owner.

(4) A decision of the Commission under subsection (3) is final and is

not subject to appeal.

Connection and metering

4(1) Following a determination under

section 2 that a generating unit

qualifies as a small scale generating unit, the distribution owner must

within a reasonable time

(

a) connect the small scale generating unit to the distribution

owner's distribution system, if the generating unit is not

already connected, and

(

b) ensure that a meter suitable for the nameplate capacity of the

small scale generating unit is installed at the interconnection

point.

(2) A distribution owner must,

(

a) provide metering services for small scale generating units

within its service area, and

(

b) ensure that the meter data manager provides meter data in

respect of small scale generating units to service providers,

load settlement agents and the ISO.

Costs of connection, metering and operation

5(1) A small scale power producer is responsible for

(

a) all costs of connecting the small scale generating unit

including

(

i) the cost of purchase and installation of the meter that

may be required,

(ii) the costs of any electric energy transfer facilities that

may be required in order to effect the connection, and

(iii) any other costs incurred by the distribution owner that

may be required to enable the small scale generating

unit to supply electric energy

(

A) to the interconnected electric system, or

(

B) within an isolated community;

(

b) the costs incurred by the distribution owner under

section

4(2), and

(

c) all costs of operation of the small scale generating unit,

including the costs of complying with applicable laws.

(2) Notwithstanding subsection (1), if the small scale generating unit

is a community generating unit that is not within an isolated

community

(

a) the distribution owner must purchase the meter that is

installed under

section 4(1)(

b) for the community generating

unit, to a maximum of one meter per facility, and

(

b) the ISO must

(

i) compensate the distribution owner for the amount

determined by the Commission under

section 3(3)(b),

and

(ii) recover the amount in subclause (

i) through the

applicable ISO tariff or ISO fee, as approved by the

Commission.

(3) Notwithstanding subsection (1), if the small scale generating unit

is a community generating unit that is located within an isolated

community,

(

a) the distribution owner

(

i) must purchase the meter that is installed under

section

4(1)(

b) for the community generating unit, to a

maximum of one meter per facility, and

(ii) is responsible for the cost of system reliability upgrades

that may be required to supply electric energy from the

community generating unit to the distribution system,

and

(

b) the ISO must

(

i) compensate the distribution owner for the amount

determined by the Commission under

section 3(3)(b),

and

(ii) recover the amount in subclause (

i) through the

applicable ISO tariff or ISO fee, as approved by the

Commission.

Deemed offer of zero cents

6(1) A small scale generating unit is deemed to have a standing offer

of zero dollars per megawatt hour for the electric energy offered to the

power pool from the small scale generating unit.

(2) A small scale generating unit in an isolated community is deemed

to have a standing offer of zero dollars per megawatt hour for the

electric energy supplied from the small scale generating unit, as if it

was offered to the power pool.

Exchange and settlement duties and costs

7(1) Unless a small scale power producer requests otherwise in

writing, the Balancing Pool

(

a) must act as the market participant on behalf of the small scale

power producer in dealings with the ISO in respect of the

electric energy supplied by the small scale power producer's

small scale generating unit

(

i) to the interconnected electric system, or

(ii) to the distribution system, in the case of a small scale

generating unit that is connected to the distribution

system within in an isolated community,

and

(

b) unless the small scale generating unit is located within an

isolated community, is responsible for exchanging, including

dispatching and receiving payments related to financial

settlement, through the power pool the electric energy

produced by the small scale power producer's small scale

generating unit that enters the interconnected electric system.

(2) If a small scale generating unit is located within an isolated

community, the distribution owner for that service area

(

a) is responsible for exchanging, including dispatching, the

electric energy produced by the small scale generating unit

that enters the distribution system, and

(

b) must submit to the ISO on a monthly basis the hourly

metering data for the electric energy produced by the small

scale generating unit that enters the distribution system.

(3) Each month the Balancing Pool shall pay an amount to the small

scale power producer for electric energy supplied out of the small scale

power producer's small scale generating unit at the hourly pool price

for each hour in the previous ISO settlement period.

(4) The ISO must compensate the Balancing Pool for the electric

energy supplied out of a small scale generating unit through the ISO's

financial settlement system.

Small scale generating unit not isolated generating unit

8(1) A small scale generating unit that is within an isolated

community may not be designated by the Commission under

section

27.1(3) of the Isolated Generating Units and Customer Choice

Regulation (AR 165/2003) as an isolated generating unit.

(2) Costs incurred by the distribution owner under sections 5(3)(a)(ii)

and 7(2) are costs associated with providing electric energy to

customers in the isolated community under

section 2(

b) of the Isolated

Generating Units and Customer Choice Regulation (AR 165/2003).

Change to small scale generating unit

9(1) A small scale power producer who intends to make any changes

to the small scale power producer's small scale generating unit shall

provide to the applicable distribution owner a notice to that effect, in a

form established by the Commission.

(2) On request from the applicable distribution owner, a small scale

power producer must provide sufficient information to enable the

distribution owner to determine if the small scale power producer's

small scale generating unit continues to be a small scale generating

unit or will continue to be a small scale generating unit after making a

change.

(3) If a distribution owner, on receipt of a notice under subsection

(1) or information under subsection (2), is of the opinion that the small

scale power producer's small scale generating unit has ceased to be an

eligible generating unit or will cease to be an eligible generating unit

after the change, the distribution owner may, within 30 days of receipt

of the notice or information from the small scale power producer and

on notice in writing to the small scale power producer, file with the

Commission a notice of dispute in a form established by the

Commission and including all information required by the

Commission.

(4) The Commission, on receipt of a notice of dispute under

subsection (3), must, within 30 days or such longer period as the

Commission, on notice to the distribution owner and the small scale

power producer, considers necessary,

(

a) determine whether the small scale power producer's small

scale generating unit continues, or will continue to be, a

small scale generating unit after the change, and

(

b) communicate its decision to the distribution owner, the small

scale power producer and the Balancing Pool.

(5) The decision of the Commission under subsection (4) is final and

is not subject to appeal.

Change to community generating unit

10(1) The owner of a community generating unit must provide notice

to the Commission in a form established by the Commission of any

changes that may make the community generating unit cease to be a

community generating unit, including, without limitation, changes to

(

a) the owner's community generating unit,

(

b) the owner's community benefits agreement or community

benefits statement,

(

c) the status of the community group named in the community

benefits agreement or community benefits statement or

(

d) the benefits received by the community group under the

community benefits agreement or community benefits

statement.

(2) An applicable distribution owner that is aware of any changes

described in subsection (1) must provide notice to the Commission in a

form established by the Commission.

(3) The Commission, on receipt of a notice under subsection (1) or

(2), must, within 30 days or such longer period as the Commission, on

notice to the owner of the community generating unit, considers

necessary,

(

a) determine if the owner's community generating unit

continues to be a community generating unit, and

(

b) communicate its decision to the owner of the community

generating unit, the distribution owner, the ISO and the

Balancing Pool.

(4) The decision of the Commission under subsection (3) is final and

is not subject to appeal.

Coming into force

11 This Regulation comes into force on January 1, 2019.

Alberta Regulation 195/2018

Feeder Associations Guarantee Act

FEEDER ASSOCIATIONS GUARANTEE AMENDMENT REGULATION

Filed: November 20, 2018

For information only: Made by the Lieutenant Governor in Council (O.C. 342/2018)

on November 20, 2018 pursuant to

section 11 of the Feeder Associations Guarantee

Act.

1 The Feeder Associations Guarantee Regulation

(AR 13/2012) is amended by this Regulation.

Section 30(2) is repealed and the following is

substituted:

(2) The amount of an advance given to a feeder member under

subsection (1)

(

a) for livestock supplied to the feeder member under a member

agreement that has been forward contracted or price insured

must not exceed 75% of the difference between the purchase

price and either

(

i) a pre-determined sale price set in a forward contract, or

(ii) an insured sale price from an entity referred to in

section 13(d),

(

b) must not exceed 50% of the difference between the purchase

price and the fair market value determined under subsection

(1).

Section 31(1) is amended by striking out "$1 000 000"

wherever it occurs and substituting "$2 000 000".

Alberta Regulation 196/2018

Climate Leadership Act

CLIMATE LEADERSHIP AMENDMENT REGULATION

Filed: November 20, 2018

For information only: Made by the Lieutenant Governor in Council (O.C. 346/2018)

on November 20, 2018 pursuant to

section 79 of the Climate Leadership Act.

1 The Climate Leadership Regulation (AR 175/2016) is

amended by this Regulation.

Section 24 is amended by adding the following after

subsection (1):

(1.1) The Minister may pay a rebate under

section 19 of the Act in

respect of the carbon levy paid on clear fuel if the fuel was used

(

a) in equipment that is specified by the Minister to be a service

rig, and

(

b) in a production process before 2023.

3 This Regulation is deemed to have come into force on

January 1, 2017.

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

Alberta Regulation 197/2018

Judgment Interest Act

JUDGMENT INTEREST AMENDMENT REGULATION

Filed: November 20, 2018

For information only: Made by the Lieutenant Governor in Council (O.C. 347/2018)

on November 20, 2018 pursuant to

section 4 of the Judgment Interest Act.

1 The Judgment Interest Regulation (AR 215/2011) is

amended by this Regulation.

Section 1 is amended by adding the following after

clause (z):

(aa) the interest rate from January 1, 2019 to December 31, 2019

is prescribed at 2.2% per year.

Alberta Regulation 198/2018

Justice of the Peace Act

JUSTICE OF THE PEACE AMENDMENT REGULATION

Filed: November 20, 2018

For information only: Made by the Lieutenant Governor in Council (O.C. 348/2018)

on November 20, 2018 pursuant to

section 15 of the Justice of the Peace Act.

1 The Justice of the Peace Regulation (AR 6/99) is

amended by this Regulation.

Section 3(1) is repealed and the following is substituted:

Jurisdiction of justices

3(1) Subject to subsection (2), a justice of the peace may hear, try

and determine matters arising under the following:

(

a) the Animal Protection Act;

(

b) the Dangerous Dogs Act;

(

c) the Dangerous Goods Transportation and Handling Act;

(

d) the Fisheries (Alberta) Act;

(

e) the Forests Act;

(

f) the Fuel Tax Act;

(

g) provisions of the Gaming, Liquor and Cannabis Act that

relate to liquor or cannabis matters;

(

h) the Government Property Traffic Act (Canada);

(

i) the Livestock Identification and Commerce Act;

(

j) the Livestock and Livestock Products Act;

(

k) the Occupational Health and Safety Act for which a specified

penalty is set out in Parts 16 and 17 of the

Schedule to the

Procedures Regulation (AR 63/2017);

(

l) the Petty Trespass Act;

(

m) the Provincial Offences Procedure Act,

section 5;

(

n) a provision of

(

i) the Provincial Parks Act, or

(ii) the Provincial Parks (General) Regulation (AR 102/85)

for which a specified penalty is set out in

Part 19 of the

Schedule to the Procedures Regulation (AR 63/2017);

(

o) the Railway Safety Act (Canada);

(

p) the School Act,

section 27(1);

(

q) the Security Services and Investigators Act for which a

specified penalty is set out in Parts 25, 26 and 27 of the

Schedule to the Procedures Regulation (AR 63/2017);

(

r) the Stray Animals Act;

(

s) the Tobacco and Smoking Reduction Act;

(

t) the Tobacco Tax Act, sections 3(1), 4(3), (4) and (5) and 4.1;

(

u) the Traffic Safety Act;

(

v) the Trespass to Premises Act;

(

w) the Wildlife Act;

(

x) the Youth Justice Act,

section 20;

(

y) any regulations or orders made under any Act referred to in

clauses (

a) to (

f) and (

h) to (x);

(

z) a provision of

(

i) the Environmental Protection and Enhancement Act, or

(ii) a regulation made under that Act

for which a specified penalty is set out in Parts 3, 4 and 5 of the

Schedule to the Procedures Regulation (AR 63/2017);

(aa) the Alberta Fishery Regulations, 1998 (Canada)

(SOR/98-246) made under the Fisheries Act (Canada);

(bb) regulations made under

Schedule 11 of the Government

Organization Act;

(cc) regulations made under the Gaming, Liquor and Cannabis

Act that relate to liquor or cannabis matters or to

contraventions that relate to self-exclusion programs within

the meaning of

section 34.2(4) of the Gaming, Liquor and

Cannabis Regulation (AR 143/96);

(dd) provisions of the Youth Justice Act, to the extent that those

provisions deal with statutes, regulations, bylaws and orders

referred to in clauses (

a) to (ff);

(ee) any bylaw of a municipality or a Metis settlement;

(ff) any orders made by the Minister of Municipal Affairs in

respect of an improvement district or special area;

(gg) a provision of

(

i) the Residential Tenancies Act, or

(ii) a regulation made under that Act

for which a specified penalty is set out in Parts 22 and 23 of

the

Schedule to the Procedures Regulation (AR 63/2017);

(hh) a provision of the Insurance Act for which a specified penalty

is set out in

Part 15 of the

Schedule to the Procedures

Regulation (AR 63/2017).

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

Alberta Regulation 199/2018

Climate Change and Emissions Management Act

CARBON COMPETITIVENESS INCENTIVE

AMENDMENT REGULATION

Filed: November 20, 2018

For information only: Made by the Lieutenant Governor in Council (O.C. 352/2018)

on November 20, 2018 pursuant to sections 5 and 60 of the Climate Change and

Emissions Management Act.

1 The Carbon Competitiveness Incentive Regulation

(AR 255/2017) is amended by this Regulation.

Section 7 is amended

(

a) by adding the following before subsection (1):

(0.1) In this section,

(a) "Class III well" means a well that is classified as a Class

III well under Directive 051: Injection and Disposal

Wells - Well Classifications, Completions, Logging and

Testing Requirements, published by the Alberta Energy

Regulator, as amended from time to time;

(b) "raw gas" means raw gas as defined in the Oil and Gas

Conservation Act.

(

b) in subsection (2)

(

i) in the formula by adding "ECF -" after "DE -";

(ii) by adding the following after the description of

variable "DE":

ECF is the amount of specified gases released from the

combustion of clear fuel, as defined in the Climate

Leadership Act, for the reporting period, expressed

in tonnes on a CO2e basis;

(iii) by repealing the description of variable "ICO2"

and substituting the following:

ICO2 is the amount of carbon dioxide expressed in

tonnes imported by the facility during the reporting

period from a different facility to which this

Regulation applies, excluding any carbon dioxide

removed from raw gas and disposed of, as an acid

gas stream, to an underground formation through a

Class III well in a scheme approved under

section

39(1)(

d) of the Oil and Gas Conservation Act;

(iv) by repealing the description of variable "ECO2"

and substituting the following:

ECO2 is the amount of carbon dioxide expressed in

tonnes exported from the facility during the

reporting period, excluding any carbon dioxide

removed from raw gas and disposed of, as an acid

gas stream, to an underground formation through a

Class III well in a scheme approved under

section

39(1)(

d) of the Oil and Gas Conservation Act;

Section 35 is amended

(

a) by repealing subsection (1) and substituting the

following:

Transitional

35(1) Notwithstanding

section 4(3)(c), in the case of an

application under

section 4(2) for a facility to be designated as

an opted-in facility for 2019, the application must be received

by the director on or before December 31, 2018.

(

b) by repealing subsection (4.1) and substituting the

following:

(4.1) Notwithstanding

section 34.2(2)(f), in the case of an

application under

section 34.2(1) for a cost containment

designation to be issued in respect of a facility for 2018 or

2019, the application must be received by the Minister on or

before December 31, 2018.

Schedule 2 is amended

(

a) in

section 1(1)

(

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

(b.1) "ethylene glycol" means

(

i) monoethylene glycol,

(ii) diethylene glycol,

(iii) triethylene glycol,

(iv) an ethylene glycol, other than polyethylene

glycol, that is heavier than triethylene glycol,

(

v) a combination of 2 or more glycols, other

than polyethylene glycol, referred to in

subclauses (

i) to (iv);

(ii) by adding the following after clause (c):

(c.01) "high value chemicals" means all ethylene and

associated by-products, other than hydrogen, that

result from the ethylene production process,

including, without limitation, propylene, butadiene

and benzene;

(iii) in clause (c.1) by striking out "means hydrogen

exported" and substituting "means, except in clause

(c.01), hydrogen that is exported";

(

b) by repealing the Table and substituting the

following:

Table

Established Benchmarks for Products

Product

Established

benchmark for

2018 (tonnes

of CO2e per

benchmark

unit)

Established

benchmark for

2019 (tonnes

of CO2e per

benchmark

unit)

Established

benchmark for

2020 (tonnes

of CO2e per

benchmark

unit)

Established

benchmark for

2021 (tonnes

of CO2e per

benchmark

unit)

Established

benchmark for

2022 (tonnes

of CO2e per

benchmark

unit)

Established benchmark for

2023 and subsequent years

(tonnes of CO2e per

benchmark unit) is determined

as follows:

Benchmark unit

Ammonia

1.942

1.942

1.935

1.928

1.921

*BE = **BEY-1 - ***0.007

Tonne

Ammonium nitrate

0.3260

0.3260

0.3250

0.3240

0.3230

BE = BEY-1 - 0.0010

Tonne

Bituminous coal

0.07053

0.07053

0.06982

0.06911

0.06840

BE = BEY-1 - 0.00071

Tonne

Cement

0.7853

0.7853

0.7823

0.7793

0.7763

BE = BEY-1 - 0.0030

Tonne

Electricity

0.3700

0.3700

0.3663

0.3626

0.3589

BE = BEY-1 - 0.0037

Megawatt hour

Ethylene glycol

0.4946

0.4946

0.4921

0.4896

0.4871

BE = BE Y-1 - 0.0025

Tonne

Hardwood kraft pulp

0.2032

0.2032

0.2012

0.1992

0.1972

BE = BEY-1 - 0.0020

Air dry metric tonne

High value chemicals

0.4850

0.4850

0.4801

0.4752

0.4703

BE = BE Y-1 - 0.0049

Tonne

Hydrogen

9.068

9.068

8.977

8.886

8.795

BE = BEY-1 - 0.091

Tonne

Industrial heat

0.06299

0.06299

0.06236

0.06173

0.06110

BE = BEY-1 - 0.00063

Gigajoule

Oil sands in situ bitumen

0.3504

0.3504

0.3469

0.3434

0.3399

BE = BEY-1 - 0.0035

m3 of bitumen

Oil sands mining

bitumen

0.1954

0.1954

0.1934

0.1914

0.1894

BE = BEY-1 - 0.0020

m3 of bitumen

Refining

3.831

3.831

3.793

3.755

3.717

BE = BEY-1 - 0.038

Alberta complexity

weighted barrel

(in thousands)

Softwood kraft pulp

0.3015

0.3015

0.2985

0.2955

0.2925

BE = BEY-1 - 0.0030

Air dry metric tonne

Note: The values in the columns for 2020, 2021 and 2022 reflect the application of an annual 1% tightening rate.

*BE is the established benchmark for the year.

**BEY-1 is the established benchmark for the previous year.

*** is the tightening rate.

Alberta Regulation 200/2018

Marketing of Agricultural Products Act

ALBERTA SUGAR BEET GROWERS NEGOTIATION, MEDIATION AND

ARBITRATION (EXPIRY DATE EXTENSION) AMENDMENT REGULATION

Filed: November 20, 2018

For information only: Made by the Alberta Agricultural Products Marketing Council

on October 22 and approved by the Minister of Agriculture and Forestry on

November 15, 2018, 2018 pursuant to

section 33 of the Marketing of Agricultural

Products Act.

1 The Alberta Sugar Beet Growers Negotiation, Mediation

and Arbitration Regulation (AR 285/97) is amended by this

Regulation.

Section 39 is amended by striking out "November 30, 2018"

and substituting "November 30, 2020".

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

Alberta Regulation 201/2018

Health Professions Act

REGISTERED NURSES PROFESSION AMENDMENT REGULATION

Filed: November 22, 2018

For information only: Made by the Lieutenant Governor in Council (O.C. 353/2018)

on November 23, 2018 pursuant to

section 131 of the Health Professions Act.

1 The Registered Nurses Profession Regulation

(AR 232/2005) is amended by this Regulation.

Section 1 is amended

(

a) in clause (

a) by striking out "approved by the Nursing

Education Program Approval Board" and substituting "in

Alberta approved by the Nursing Education Program

Approval Committee";

(

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

(a.1) "approved nurse practitioner program" means a nurse

practitioner education program in Alberta approved by

the Nursing Education Program Approval Committee in

accordance with nursing education standards and

criteria approved by the Council;

(a.2) "Bylaws" means the bylaws made by the Council under

section 132 of the Act;

(

c) in clause (

b) by adding "register" before "category";

(

d) in clause (

g) by adding "register" before "category";

(

e) by repealing clause (i);

(

f) in clause (

j) by adding "register" before "category";

(

g) by repealing clause (

k) and substituting the

following:

(k) "Nursing Education Program Approval Committee"

means the Nursing Education Program Approval

Committee continued pursuant to the Bylaws;

(

h) by adding the following before clause (l):

(k.1) "practice year" means a practice year as defined in the

Bylaws;

(k.2) "provisional register" means the provisional register

category of the regulated members register;

(

i) in clause (

l) by adding "register" before "category";

(

j) by adding the following after clause (p):

(p.1) "Standards of Practice" means the standards of practice

adopted by the Council in accordance with the Bylaws

and

section 133 of the Act.

(

k) by repealing clause (q).

Section 2 is amended by repealing clause (

d) and

substituting the following:

(

d) provisional register;

Section 3 is repealed and the following is substituted:

Registered nurse register - new applicants

3(1) An applicant for registration as a regulated member on the

registered nurse register who has not previously been registered on

the registered nurse register must

(

a) have successfully completed as an education requirement

either

(

i) on and before December 31, 2009, a diploma or

baccalaureate degree in nursing from an approved

nursing program, or

(ii) on and after January 1, 2010, a baccalaureate degree in

nursing from an approved nursing program,

(

b) have passed the applicable registration exam, and

(

c) have successfully completed the applicable jurisprudence

requirement approved by the Council, if any.

(2) An applicant for registration under subsection (1) must complete

the registration process within the 5 years immediately following the

date of completion of the applicable education requirement referred

to in subsection (1)(a).

(3) Despite subsection (2), an applicant who meets the requirements

of subsection (1) but does not meet the requirements of subsection

(2) may be registered as a regulated member on the registered nurse

register if the applicant has met any additional requirements imposed

by the Registration Committee.

Section 4 is repealed and the following is substituted:

Nurse practitioner register - new applicants

4(1) An applicant for registration as a regulated member on the

nurse practitioner register who has not previously been registered on

the nurse practitioner register must

(

a) have successfully completed

(

i) a master's degree in nursing from an approved nurse

practitioner program, or

(ii) a post-master's certificate or diploma from an approved

nurse practitioner program,

(

b) have completed 4500 hours of registered nursing practice

satisfactory to the Registration Committee,

(

c) be registered on the registered nurse register,

(

d) have passed the applicable registration exam, and

(

e) have successfully completed the applicable jurisprudence

requirement approved by the Council, if any.

(2) An applicant for registration under subsection (1) must, after

completing a degree, certificate or diploma referred to in subsection

(1)(a), complete the registration process within the time period set by

the Council.

(3) Despite subsection (2), an applicant who meets the requirements

of subsection (1) but does not meet the requirements of subsection

(2) may be registered as a regulated member on the nurse

practitioner register if the applicant has met any additional

requirements imposed by the Registration Committee.

Section 5 is repealed and the following is substituted:

Certified graduate nurse register

5 An applicant for registration as a regulated member on the

certified graduate nurse register who is not currently registered on

the certified graduate nurse register must

(

a) have previously been registered on the certified graduate

nurse register, or

(

b) be eligible to be registered on the certified graduate nurse

register under

section

Section 6 is repealed and the following is substituted:

Provisional registration

6(1) An applicant who has applied for registration as a regulated

member on the registered nurse register or the nurse practitioner

register who has not successfully completed the applicable

registration exam or the jurisprudence requirement but has otherwise

fulfilled the registration requirements set out in

section 3, 4, 8 or 9

may, at the discretion of the Registrar, be registered on the

provisional register until the applicant meets the requirements for

registration.

(2) A regulated member registered on the provisional register may

only practise

(

a) in accordance with conditions specified by the Registrar or

Registration Committee, and

(

b) while being supervised in accordance with the Standards of

Practice.

(3) The registration of a regulated member on the provisional

register is valid for 6 months or a shorter period specified by the

Registrar.

(4) The registration of a regulated member on the provisional register

may be renewed, but, except as provided by subsections (7) and (8), a

regulated member may not be registered on the provisional register for

more than a total period of 12 months.

(5) If a regulated member registered on the provisional register fails

the applicable registration exam once, the Registrar or Registration

Committee may specify additional conditions under subsection

(2)(a).

(6) If a regulated member registered on the provisional register fails

the applicable registration exam twice, the Registrar shall cancel the

regulated member's registration on the provisional register.

(7) If a regulated member registered on the provisional register

satisfies the Registration Committee that there are extenuating

circumstances that prevent the regulated member from successfully

completing the applicable registration exam or jurisprudence

requirement within 12 months after being registered on the

provisional register, the Registration Committee may direct the

Registrar to renew the registration of the regulated member on the

provisional register, but the regulated member may not be registered

on the provisional register for more than a total period of 18 months.

(8) In the case of the registration of a regulated member as a

graduate nurse practitioner, the registration of the regulated member

may be renewed so that the regulated member is registered on the

provisional register for more than one year but not more than 2

years, if, in the opinion of the Registrar, it is necessary to renew the

registration because the registration exam the regulated member is

required to pass for the purposes of

section 4(1)(

d) may not be

offered, or may not be offered in time for the results of the exam to

be available, during the first year the regulated member is registered

on the provisional register.

(9) If a regulated member registered on the provisional register

meets the requirements for registration on the registered nurse

register or the nurse practitioner register, the Registrar must remove

the regulated member's name from the provisional register and enter

it on the appropriate category of the regulated members register.

Section 7 is repealed and the following is substituted:

Courtesy registration

7(1) A person is eligible for registration on the courtesy register if

(

a) the person is registered and in good standing as a registered

nurse or nurse practitioner or equivalent in another

jurisdiction recognized by the Council as having substantially

equivalent competencies and practice requirements as those

of a registered nurse or nurse practitioner,

(

b) the person requires registration in Alberta on a temporary

basis for a specified purpose approved by the Registrar, and

(

c) the person satisfies the Registrar that the person has the

competence to provide the services related to the specified

purpose.

(2) The registration of a person registered on the courtesy register is

valid for the term specified by the Registrar, which must not exceed

one year.

(3) On registering a person on the courtesy register, the Registrar

shall set out on the courtesy register the title and initials referred to

section 14 that the person is authorized to use.

Section 8 is repealed and the following is substituted:

Equivalent jurisdiction

8 An applicant for registration on the registered nurse register, the

certified graduate nurse register or the nurse practitioner register is

eligible to be registered on the registered nurse register, the certified

graduate nurse register or the nurse practitioner register,

respectively, if the applicant

(

a) is currently registered in good standing in another jurisdiction

recognized by the Council under

section 28(2)(

b) of the Act

as having substantially equivalent competence and practice

requirements,

(

b) meets the requirements of

section 10.1, and

(

c) successfully completes the applicable jurisprudence

requirement approved by the Council, if any.

Section 9 is amended

(

a) by repealing subsection (1) and substituting the

following:

Substantial equivalence

9(1) An applicant who does not meet the requirements of

section 3 or 4 but who the Registrar is satisfied under

section

28(2)(

c) of the Act has a combination of education, experience,

practice or other qualifications that demonstrate the competence

required for registration as a regulated member may be registered

on the appropriate register if the applicant

(

a) passes the applicable registration exam within the time

specified by the Registrar,

(

b) meets the requirements of

section 10.1, and

(

c) has successfully completed the applicable jurisprudence

requirement approved by the Council, if any.

(

b) by repealing subsections (4) and (5) and

substituting the following:

(4) The Registrar may require an applicant referred to in

subsection (1) to provide any information or evidence the

Registrar or Registration Committee considers necessary to

assess the applicant's application.

(5) Despite subsection (1)(a), the Registration Committee may

waive the requirement to have passed the applicable registration

exam if there are extenuating circumstances and the Registration

Committee is of the opinion that the applicant has sufficient

registered nursing experience, knowledge and competence.

Section 10 is repealed and the following is substituted:

Registration exam

10(1) An applicant for registration as a regulated member on the

registered nurse register must pass the applicable registration exam

within 2 years after completion of the educational requirement

referred to in

section 3(1)(a)(

i) or (ii).

(2) An applicant for registration as a regulated member on the nurse

practitioner register must pass the applicable registration exam

within 3 years after completion of the educational program referred

to in

section 4(1)(a)(

i) or (ii).

(3) If an applicant for registration as a regulated member on the

registered nurse register does not pass the applicable registration

exam within 2 years after completion of the educational requirement

referred to in

section 3(1)(a)(

i) or (ii), the applicant must, before

writing or rewriting the applicable registration exam, as the case may

be, successfully complete

(

a) an approved nursing program leading to initial entry to

practise as a registered nurse,

(

b) a nursing education program in a province or territory of

Canada other than Alberta that is approved or recognized by

the regulatory body in that province or territory having

authority to approve or recognize nursing education

programs leading to initial entry to practise as a registered

nurse, or

(

c) additional educational requirements or other requirements

determined by the Registrar or the Registration Committee.

(4) If an applicant for registration as a regulated member on the

nurse practitioner register does not pass the applicable registration

exam within 3 years after completion of the educational requirement

referred to in

section 4(1)(a)(

i) or (ii), the applicant must, before

rewriting the applicable registration exam, successfully complete

(

a) a master's degree in nursing from an approved nurse

practitioner program,

(

b) a post-master's certificate or diploma from an approved nurse

practitioner program,

(

c) a nurse practitioner education program in a province or

territory of Canada other than Alberta that is approved or

recognized by the regulatory body in that province or

territory having authority to approve or recognize nurse

practitioner education programs leading to initial entry to

practise as a nurse practitioner, or

(

d) additional educational requirements or other requirements

determined by the Registrar or the Registration Committee.

(5) Despite anything in this section, if an applicant for registration

on the registered nurse register or nurse practitioner register satisfies

the Registration Committee that there are extenuating circumstances,

the Registration Committee may allow the applicant one or more

attempts to pass the applicable registration exam after the applicable

period referred to in subsection (1) or (2).

Currency of practice

10.1(1) This

section applies to the following applicants:

(

a) an applicant for registration as a regulated member on the

registered nurse register, the certified graduate nurse register

or the nurse practitioner register who was previously

registered on the registered nurse register, the certified

graduate nurse register or the nurse practitioner register but is

not currently registered on the register;

(

b) an applicant for registration under

section 8 or 9;

(

c) an applicant for a renewal of a practice permit as a registered

nurse, certified graduate nurse or nurse practitioner.

(2) An applicant who is applying for registration as a regulated

member on the registered nurse register or the certified graduate

nurse register, or for the renewal of a practice permit as a registered

nurse or certified graduate nurse, must provide evidence satisfactory

to the Registrar that the applicant has, within the 5 complete practice

years immediately preceding the date the application is received by

the Registrar,

(

a) successfully completed a degree or nursing program or

course satisfactory to the Registrar,

(

b) had 1125 hours of nursing practice satisfactory to the

Registrar, or

(

c) successfully completed a program leading to re-entry to

nursing practice approved by the Nursing Education Program

Approval Committee.

(3) An applicant who is applying for registration as a regulated

member on the nurse practitioner register, or for the renewal of a

practice permit as a nurse practitioner, must provide evidence

satisfactory to the Registrar that the applicant has, within the number

of complete practice years as specified by the Council immediately

preceding the date the application is received by the Registrar,

(

a) successfully completed the educational requirement referred

to in

section 4(1)(a)(

i) or (ii), or

(

b) had the number of hours established by the Council as the

required number of hours for the purposes of this

section of

nurse practitioner practice satisfactory to the Registrar.

(4) Despite subsections (2) and (3), an applicant who does not meet

the requirements of subsection (2) or (3) may instead meet other

requirements determined by the Registration Committee.

Section 11 is renumbered as

section 11(1) and is

amended

(

a) in subsection (1)

(

i) by repealing clause (

b) and substituting the

following:

(

b) a written statement by the applicant as to whether

the applicant

(

i) is currently undergoing an investigation or is

subject to an unprofessional conduct process,

(ii) has ever been disciplined, or

(iii) has ever had conditions imposed on the

applicant's practice

by a regulatory body responsible for the regulation

of registered nursing in a jurisdiction other than

Alberta or by a regulatory body responsible for the

regulation of any other profession in Alberta or

another jurisdiction;

(ii) by adding the following after clause (b):

(b.1) a written statement by the applicant as to whether

an application for registration as a regulated

member by the applicant in any other jurisdiction

was ever previously rejected or refused;

(b.2) the results of a current criminal records check;

(iii) by repealing clause (

c) and substituting the

following:

(

c) a written statement as to whether the applicant has

ever pleaded guilty or has been found guilty of a

criminal offence in Canada or an offence of a

similar nature in a jurisdiction outside Canada for

which neither

(

i) a record suspension under the Criminal

Records Act (Canada), nor

(ii) a pardon

is in effect;

(iv) by adding the following after clause (c):

(c.1) a written statement by the applicant as to whether

there has ever been a judgment in a civil action

against the applicant with respect to the applicant's

practice;

(

v) by repealing clause (

d) and substituting the

following:

(

d) any other relevant evidence as required by the

Registrar.

(

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

(2) If an applicant has engaged in an activity that has, in the

opinion of the Registrar, undermined the applicant's good

character and reputation, the applicant may provide evidence

satisfactory to the Registrar of rehabilitation.

(3) The Registrar may also consider information other than that

provided by the applicant in determining whether the applicant is

of good character and reputation, but if the Registrar considers

other information, the Registrar must give the applicant

sufficient particulars of that information to allow the applicant to

respond to that information.

13 The following is added after

section 12:

Liability insurance

12.1 An applicant for registration as a regulated member must

provide evidence satisfactory to the Registrar of having the type and

amount of professional liability insurance required by the Council.

Section 13 is amended by striking out "whose first

Section 14 is amended

(

a) in subsection (1) by striking out "registered nurse and

the initials RN" and substituting " "registered nurse" and

the initials "RN" ";

(

b) in subsection (2) by striking out "certified graduate

nurse and the initials CGN" and substituting " "certified

graduate nurse" and the initials "CGN" ";

(

c) by repealing subsection (3);

(

d) in subsection (4) by striking out "used the title nurse

practitioner and the initials NP" and substituting "use the

title "nurse practitioner" and the initials "NP" ";

(

e) by repealing subsection (5) and substituting the

following:

(5) A regulated member registered on the registered nurse

register or on the nurse practitioner register may, in accordance

with the Standards of Practice, use the title "specialist" in

connection with providing professional services.

(

f) by adding the following after subsection (5):

(6) A regulated member registered on the provisional register

as a graduate nurse may use the title "graduate nurse" and the

initials "GN".

(7) A regulated member registered on the provisional register

as a graduate nurse practitioner may use the title "graduate

nurse practitioner" and the initials "GNP".

(8) A regulated member registered on the courtesy register as a

registered nurse may use the title "registered nurse" and the

initials "RN".

(9) A regulated member registered on the courtesy register as a

nurse practitioner may use the title "nurse practitioner" and the

initials "NP".

16 The following is added before

section 15:

Restrictions

14.1(1) Despite sections 15 to 18, regulated members must restrict

themselves in performing restricted activities to those activities that

they are competent to perform and to those that are appropriate to

their area of practice and the procedures being performed.

(2) A regulated member who performs a restricted activity must do

so in accordance with the Standards of Practice.

(3) A regulated member or other person shall not supervise the

performance of a restricted activity unless the regulated member or

person is authorized or permitted to perform the restricted activity

without being supervised.

(4) A regulated member or other person who supervises the

performance of a restricted activity under sections 15 to 18 must do

so in accordance with the Standards of Practice.

Section 15 is amended

(

a) in subsection (1)

(

i) by striking out the words preceding clause (

a) and substituting the following:

Authorized restricted activities

15(1) A regulated member registered on any register may,

within the practice of registered nursing, perform the

following restricted activities:

(ii) in clause (

d) by striking out "except for a partial

dislocation of the joints of the fingers and toes";

(iii) in clause (

e) by striking out "within the meaning of

the Pharmaceutical Profession Act";

(iv) by adding the following after clause (j):

(j.1) to order or apply non-ionizing radiation in

ultrasound imaging, other than the application of

ultrasound to a fetus;

(

b) by repealing subsection (2) and substituting the

following:

(2) Despite subsection (1)(e), a regulated member registered on

any register performing the restricted activity described in

subsection (1)(

e) shall not distribute, trade or barter for money or

valuable consideration, or keep for sale or offer for sale, a

Schedule 1 drug or a

Schedule 2 drug but may distribute or give

away a

Schedule 1 drug or a

Schedule 2 drug without

expectation or hope of compensation or reward.

(2.1) A regulated member registered on the registered nurse

register may, within the practice of registered nursing, perform

the restricted activity of ordering any form of ionizing radiation

in medical radiography.

(2.2) A regulated member registered on the registered nurse

register who meets the requirements approved by the Council

and who has been authorized to do so by the Registrar may,

within the practice of registered nursing, perform the restricted

activity of prescribing a

Schedule 1 drug.

(

c) by repealing subsection (3);

(

d) by repealing subsection (4) and substituting the

following:

(4) A regulated member registered on the registered nurse

register or on the certified graduate nurse register may, within the

practice of registered nursing, perform the restricted activity of

applying non-ionizing radiation in ultrasound imaging to a fetus,

but only under the supervision of a person who provides health

services and who is authorized by this Regulation or another

regulation under the Act or by another enactment to apply

ultrasound to a fetus.

(

e) by repealing subsection (5) and substituting the

following:

(5) A regulated member registered on the nurse practitioner

register, a regulated member registered on the courtesy register

as a nurse practitioner and a regulated member registered on the

provisional register as a graduate nurse practitioner may perform

the restricted activities listed in subsection (1) and the following

additional restricted activities when practising as a nurse

practitioner:

(

a) to set or reset a fracture of a bone;

(

b) to prescribe a

Schedule 1 drug;

(

c) to prescribe blood or blood products;

(

d) to prescribe diagnostic imaging contrast agents;

(

e) to prescribe radiopharmaceuticals, radiolabelled

substances, radioactive gases or radioaerosols;

(

f) to order or apply any form of ionizing radiation in

medical radiography;

(

g) to order any form of ionizing radiation in nuclear

medicine;

(

h) to order non-ionizing radiation in magnetic resonance

imaging;

(

i) to order or apply non-ionizing radiation in ultrasound

imaging, including any application of ultrasound to a

fetus.

(

f) by adding the following after subsection (5):

(6) In this section,

(a) "Schedule 1 drug" means a

Schedule 1 drug within the

meaning of

Part 4 of the Pharmacy and Drug Act;

(b) "Schedule 2 drug" means a

Schedule 2 drug within the

meaning of

Part 4 of the Pharmacy and Drug Act.

Section 16 is repealed.

Section 17 is repealed and the following is substituted:

Supervision of students

17(1) A student who

(

a) is enrolled in an approved nursing program, and

(

b) is participating in a clinical practicum in Alberta or is

employed as an undergraduate nursing employee in Alberta

is permitted to perform the restricted activities set out in

section

15(1) under the supervision of a regulated member who is authorized

to perform those restricted activities and has consented to supervise

the restricted activities.

(2) A student who

(

a) is enrolled in a nursing education program in a province or

territory of Canada other than Alberta that is approved in that

province or territory and that leads to initial entry to practise

as a registered nurse, and

(

b) is participating in a clinical practicum in Alberta or is

employed as an undergraduate nursing employee in Alberta

is permitted to perform the restricted activities set out in

section

15(1) under the supervision of a regulated member who is authorized

to perform those restricted activities and has consented to supervise

the restricted activities.

(3) A student who

(

a) is enrolled in a nursing education program in a jurisdiction

outside Canada that is approved in that jurisdiction, and

(

b) has been authorized by an educational institution in Alberta

to participate in a clinical practicum of an approved nursing

program in Alberta offered by the educational institution

is permitted to perform the restricted activities set out in

section

15(1) under the supervision of a regulated member who is authorized

to perform those restricted activities and has consented to supervise

the restricted activities.

(4) A regulated member who

(

a) is registered on the registered nurse register or registered as a

registered nurse on the courtesy register, and

(

b) is enrolled in an approved nurse practitioner education

program

is permitted to perform the restricted activities set out in

section

15(5) under the supervision of a person who is authorized to perform

those restricted activities and has consented to supervise the

restricted activities.

(5) A regulated member who

(

a) is registered on the registered nurse register or registered as a

registered nurse on the courtesy register, and

(

b) is enrolled in a nurse practitioner education program in a

province or territory of Canada other than Alberta that is

approved in that province or territory

is permitted to perform the restricted activities set out in

section

15(5) under the supervision of a person who is authorized to perform

those restricted activities and has consented to supervise the

restricted activities.

(6) A regulated member who

(

a) is registered on the registered nurse register or registered as a

registered nurse on the courtesy register,

(

b) is enrolled in a nurse practitioner education program in a

jurisdiction outside Canada that is approved in that

jurisdiction, and

(

c) meets any requirements established by the Council for the

purposes of this

section

is permitted to perform the restricted activities set out in

section

15(5) under the supervision of a person who is authorized to perform

those restricted activities and has consented to supervise the

restricted activities.

(7) A student who

(

a) is enrolled in a health services program of studies, other than

an approved nursing program or an approved nurse

practitioner program, and

(

b) is authorized by an enactment to perform a restricted activity

set out in

section 15(1) or (5)

is permitted to perform that restricted activity under the supervision

of a regulated member who is authorized to perform that restricted

activity and has consented to supervise the restricted activity.

20 The following is added after

section 17:

Applicants for registration

17.1 An applicant for registration as a regulated member who is

required by the Registrar or Registration Committee to take a course

that includes a clinical component is, when engaged in the clinical

component of the course and to the extent necessary to fulfill the

requirements of the clinical component of the course, permitted to

perform the restricted activities set out in

section 15(1) or (5) under

the supervision of a person who is authorized to perform those

restricted activities and has consented to supervise the restricted

activities.

Section 18 is amended

(

a) in subsection (1)(

a) by striking out "in accordance with

subsection (2)";

(

b) by repealing subsection (2).

Section 19 is repealed and the following is substituted:

Continuing competence program

19 The continuing competence program of the College is

established and consists of

(

a) practice reflection,

(

b) continuing professional development,

(

c) competence assessment, and

(

d) practice visits.

Practice reflection

19.1(1) As part of the continuing competence program, a regulated

member registered on the registered nurse register, the nurse

practitioner register or the certified graduate nurse register must, at

the times specified by the Council and in accordance with the rules

made under

section 19.5, complete a practice reflection that includes,

in a form satisfactory to the Competence Committee, the following:

(

a) a personal assessment of the member's own nursing practice

using

(

i) the Standards of Practice,

(ii) in the case of a regulated member registered on the

nurse practitioner register, the competencies for nurse

practitioners established by the Council, and

(iii) other criteria selected by the regulated member from

criteria provided for in the rules approved by the

Council;

(

b) recorded feedback of the regulated member's practice

obtained by the regulated member;

(

c) the development of a written learning plan that is based on

the regulated member's personal assessment of the member's

practice under clause (

a) and the feedback received about the

member's practice under clause (b).

(2) A regulated member referred to in subsection (1) must

(

a) make records of the personal assessment, recorded

feedback and written learning plan referred to in

subsection (1) in a form satisfactory to the Competence

Committee and in accordance with the applicable rules

made under

section 19.5, if any, and

(

b) retain the records referred to in clause (

a) for the period

specified by the Council.

(3) A regulated member referred to in subsection (1) must, on the

request of the Competence Committee and in accordance with the

direction of the Competence Committee and the applicable rules

made under

section 19.5, if any, provide evidence of meeting the

requirements of this

section for the current practice year and for the

period specified by the Council.

Continuing professional development

19.2(1) As part of the continuing competence program, a regulated

member registered on the registered nurse register, the nurse

practitioner register or the certified graduate nurse register must, in

each practice year, undertake continuing professional development

(

a) implementing the written learning plan referred to in

section

19.1(1)(

c) by engaging in learning activities to address

learning needs,

(

b) preparing a written self-evaluation of the regulated member's

learning plan that describes the implementation of the

learning plan and the influence that the learning activities

have had on the member's practice and indicates any

variations in the learning plan and the reasons for the

variations, and

(

c) successfully completing mandatory education requirements if

required by the rules made under

section 19.5.

(2) A regulated member referred to in subsection (1) must

(

a) in each practice year make records of all of the activities

undertaken by the regulated member under subsection (1),

including the written self-evaluation referred to in subsection

(1)(b), in a form satisfactory to the Competence Committee

and in accordance with the applicable rules made under

section 19.5, if any, and

(

b) retain the records referred to in clause (

a) for a period of 5

years after the end of the practice year in which the

continuing professional development activities required by

subsection (1) were completed.

(3) A regulated member referred to in subsection (1) must, on the

request of the Competence Committee and in accordance with the

direction of the Competence Committee and the applicable rules

made under

section 19.5, if any, provide evidence of meeting the

requirements of this

section for the current practice year and for the

period specified by the Council.

Competence assessment

19.3(1) As part of the continuing competence program, the

Competence Committee may require a regulated member registered

on the registered nurse register, the nurse practitioner register or the

certified graduate nurse register to undergo an assessment for the

purpose of evaluating the regulated member's competence.

(2) For the purpose of an assessment under subsection (1), the

Competence Committee may use any one or more of the following:

(

a) multiple source feedback;

(

b) case studies;

(

c) peer review;

(

d) practice visits;

(

e) examinations;

(

f) any individualized assessments of professional competence

provided for in the rules made under

section 19.5.

Actions to be taken

19.4 If the Competence Committee considers a regulated

member's practice reflection or continuing professional development

activities to be unsatisfactory or that a regulated member has not

complied with one or more requirements under

section 19.1 or 19.2,

or if the results of an assessment of a regulated member's

competence under

section 19.3 are unsatisfactory, the Competence

Committee may, when the regulated member's next application for a

practice permit is considered, impose, or recommend the imposition

of, one or more of the following conditions on the regulated

member's practice permit:

(

a) that the regulated member successfully complete specified

continuing competence program requirements or professional

development activities within a specified time;

(

b) that the regulated member successfully complete specified

examinations, testing, assessment, training, education or

treatment to enhance competence in one or more areas of

practice within a specified time;

(

c) that the regulated member practise under the supervision of

another regulated member or a regulated member of another

regulated profession;

(

d) that the regulated member's practice be limited to specified

procedures or practice settings;

(

e) that the regulated member report to the Competence

Committee on specified matters on specified dates;

(

f) that the regulated member correct any problems identified in

the competence assessment;

(

g) that the regulated member demonstrate to the Competence

Committee competence gained in a specific area within a

specified period of time;

(

h) any other condition considered appropriate by the

Competence Committee.

Continuing competence program rules

19.5(1) The Council may make rules respecting the continuing

competence program, including, but not limited to the following:

(

a) the requirements pertaining to practice reflections under

section 19.1;

(

b) the keeping of records under sections 19.1 and 19.2 and the

provision of the records to the Competence Committee;

(

c) reviews of regulated members' continuing competence

program records under

section 19.1 or 19.2;

(

d) requirements for mandatory education for the purposes of

section 19.2(1)(c);

(

e) assessments conducted under

section 19.3, including rules

providing for individualized assessments of professional

competence for the purposes of

section 19.3(2)(f);

(

f) continuing competence program requirements or professional

development activities for the purposes of

section 19.4(a);

(

g) assessment and approval of education as substantially

equivalent to required mandatory education;

(

h) the approval of criteria established by the Competence

Committee for the selection of regulated members for

competence assessments, practice visits or both.

(2) The Competence Committee may recommend rules or

amendments to the rules to the Council.

(3) Before making or amending a rule under this section, the

Council must make the proposed rule or amendment available to all

regulated members for their review.

(4) The Council may make a rule or amendment to a rule 60 or more

days after the proposed rule or amendment has been made available

under subsection (3) and after having considered any comments

received on the proposed rule or amendment.

Distribution of rules

19.6 The rules and any amendments to the rules made under

section 19.5 must be made available by the College

(

a) on the website of the College, and

(

b) in printed form on request to any regulated member or

applicant for registration as a regulated member.

Section 20 is repealed.

Section 21 is repealed and the following is substituted:

Renewal requirements

21(1) A regulated member who is applying for renewal of the

member's practice permit must provide evidence satisfactory to the

Registrar

(

a) of meeting the continuing competence program requirements,

(

b) of meeting the applicable requirements under

section 10.1,

(

c) of good character and reputation as set out in

section 11,

(

d) if requested by the Registrar, confirming the member's

fitness to practise, and

(

e) of having the type and amount of professional liability

insurance required by the Council.

(2) Despite subsection (1)(a), a regulated member who does not

meet the requirements referred to in subsection (1)(

a) may instead

meet other requirements, as determined by the Competence

Committee.

Section 22 is repealed and the following is substituted:

Conditions

22 When issuing a practice permit, the Registrar, Registration

Committee or Competence Committee may impose conditions on the

practice permit, including, but not limited to, one or more of the

following:

(

a) that the regulated member complete any specified

examinations, testing, counselling, training or education;

(

b) limiting the regulated member's practice to specified

professional services, restricted activities or practice settings;

(

c) limiting the regulated member's practice to a specified

purpose;

(

d) limiting the regulated member's practice to a specified time

period;

(

e) that the regulated member practise under supervision for the

period specified on the permit;

(

f) that the regulated member report to the Registrar,

Registration Committee or Competence Committee on

specified dates respecting specified matters;

(

g) one or more conditions referred to in

section 19.4.

Section 28(1) is amended by striking out "bylaws" and

substituting "Bylaws".

Section 29(1)(

c) is repealed and the following is

substituted:

(

c) not disclosing a person's confidential personal, property or

financial information outweighs the desirability of having the

hearing open to the public,

(c.1) another Act requires that the hearing or part of the hearing be

held in private, or

Section 30(2)(

d) is amended by striking out "bylaws" and

substituting "Bylaws".

Section 33(1) is amended

(

a) in clause (

a) by striking out "and telephone number"

and substituting ", telephone number and e-mail address";

(

b) by repealing clause (

b) and substituting the

following:

(

b) full legal name, aliases and previous names;

(

c) in clause (

e) by striking out "membership year" and

substituting "practice year".

Section 34 is amended by striking out "bylaws" and

substituting "Bylaws".

Section 35 is repealed and the following is substituted:

Section 119 information

35 The periods of time during which the College is obliged to

provide information on the request of a member of the public under

section 119(4) of the Act are as follows:

(

a) in the case of information referred to in

section 33(3) of the

Act about a person, other than the information referred to in

section 33(3)(h), during the period while the person is a

regulated member of the College;

(

b) in the case of information referred to in

section 119(1) of the

Act,

(

i) during the period while the suspension is in effect, in

the case of information that a regulated member's

practice permit has been suspended;

(ii) during the period that the cancellation is effective, in the

case of information that a person's regulated member's

practice permit has been cancelled;

(iii) during the period while the conditions are in effect, in

the case of information that conditions have been

imposed on a regulated member's practice permit;

(iv) during the period while the direction is in effect, in the

case of information that a regulated member has been

directed under

section 118(4) of the Act to cease

providing professional services;

(

v) during the 5-year period immediately after the date of

the order, in the case of information that an order has

been made respecting a regulated member by a hearing

tribunal, the Council or the Court of Appeal under

Part

4 of the Act;

(

c) during the period until the hearing is concluded, in the case

of information as to whether a hearing is scheduled to be held

under

Part 4 of the Act with respect to a named regulated

member;

(

d) during the period beginning at the conclusion of the hearing

and ending 5 years after the date that a written decision under

section 83 of the Act or an order under

section 89(5) or 92(1)

of the Act is made, in the case of information as to whether a

hearing has been held under

Part 4 of the Act with respect to

a named regulated member;

(

e) during the 5-year period after the date of the written decision

made by the hearing tribunal under

section 83 of the Act, in

the case of a decision and testimony referred to in

section

85(3) or (4) of the Act.

32 The following is added after

section 36:

Transitional - provisional register

36.1 On the coming into force of this section, a regulated member

registered on the temporary register is deemed to be registered on the

provisional register as the Registrar considers appropriate.

33 This Regulation comes into force on May 1, 2019.

Alberta Regulation 202/2018

Emergency Management Act

GOVERNMENT EMERGENCY MANAGEMENT

AMENDMENT REGULATION

Filed: November 27, 2018

For information only: Made by the Lieutenant Governor in Council (O.C. 354/2018)

on November 27, 2018 pursuant to

section 6 of the Emergency Management Act.

1 The Government Emergency Management Regulation

(AR 248/2007) is amended by this Regulation.

Section 1 is amended

(

a) by repealing clause (

d) and substituting the

following:

(d) "consequence management plan" means a plan that sets

out actions to be taken for mitigation, preparedness,

response and recovery with regard to emergencies,

including human-induced intentional threats;

(

b) by repealing clause (e);

(

c) by repealing clause (n)(iv).

Section 2 is amended

(

a) in subsection (1)

(

i) by repealing clause (

f) and substituting the

following:

(

f) co-ordinate with departments

(

i) to prepare, implement and maintain, in

accordance with the Government plans,

consequence management plans, business

continuity plans and any other plans required

by a responsible Minister, and

(ii) to review the effectiveness of the plans

referred to in subclause (

i) based on

(

A) identified exercise objectives for a

simulated emergency, or

(

B) the lessons-learned evaluation criteria

established for a real emergency,

(f.1) require departments, in consultation with the

Agency, to carry out the functions and

responsibilities set out in the Alberta Emergency

Plan,

(ii) by repealing clause (g);

(iii) by striking out "and" at the end of clause (i);

(iv) by adding the following after clause (j):

(

k) operate a provincial facility that facilitates the co-

ordination of the Government's response to

emergencies and disasters, and

(

l) maintain or support the provision of a public

alerting system that is available across Alberta.

(

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

(1.1) The Agency may establish training guidelines for

business continuity and consequence management training as

set out in the Alberta Emergency Plan.

Section 3 is amended

(

a) in subsection (2) by striking out "by the Agency";

(

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

(4) Each department, where it is required to meet its

responsibilities under this Regulation and the Alberta

Emergency Plan, may establish mutual aid arrangements and

liaison with

(

a) the departments, agencies, boards, commissions and

province or territory of Canada,

(

b) the State of Montana and its agencies, and

(

c) other provincial, national, federal and international

organizations involved in emergency management.

Section 4(

a) is amended by striking out "appropriate" and

substituting "appropriately trained and qualified".

Section 6 is repealed.

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

Alberta Regulation 203/2018

Emergency Management Act

LOCAL AUTHORITY EMERGENCY MANAGEMENT REGULATION

Filed: November 27, 2018

For information only: Made by the Lieutenant Governor in Council (O.C. 355/2018)

on November 27, 2018 pursuant to

section 7.1 of the Emergency Management Act.

Table of Contents

1 Definition of employee

2 Emergency advisory committee bylaws and orders

3 Emergency management agency bylaws and orders

4 Emergency plan requirements

5 Review of emergency plans

6 Mandatory exercises

7 Regional services commissions and joint committees

8 Training requirements for elected officials and delegates

9 Park superintendent training requirements

10 Director of emergency management agency

training requirements

11 Local authority employee training requirements

12 Exemption from course requirements

13 Extension of time to complete courses

14 Delegation by local authority

15 Coming into force

Definition of employee

1 In this Regulation, "employee" means

(

a) in the case of a municipality with a council within the

meaning of the Municipal Government Act, employees of the

council and the municipal corporation;

(

b) in the case of an improvement district,

(

i) employees of the Minister's department or any other

department who have been assigned responsibilities

relating specifically to the improvement district, or

(ii) if the Minister has established a council for the

improvement district, employees of the improvement

district including, but not limited to, employees of the

council;

(

c) in the case of a special area, employees of the Special Areas

Board;

(

d) in the case of a band council of an Indian band that is a local

authority under the Act, employees of the band including, but

not limited to, employees of the band council;

(

e) in the case of a Metis settlement, employees of the settlement

including, but not limited to, employees of the settlement

council;

(

f) in the case of a park superintendent of a national park or a

superintendent's delegate, if the park superintendent is a

local authority under the Act, employees of the Parks Canada

agency who are supervised by the park superintendent or

superintendent's delegate.

Emergency advisory committee bylaws and orders

2(1) A local authority shall appoint an emergency advisory committee

(

a) bylaw, if the local authority is a municipal council, the

settlement council of a Metis settlement, or the band council

of an Indian band, or

(

b) order, if the local authority is the Minister responsible for the

Municipal Government Act, the Minister responsible for the

Special Areas Act, or a park superintendent of a national park

or a superintendent's delegate.

(2) The bylaw or order must

(

a) set out the purposes of the committee, both during an

emergency or disaster and when those events are not

occurring,

(

b) establish that the committee provides guidance and direction

to the local authority's emergency management agency,

(

c) establish procedures that must be followed when declaring a

state of local emergency,

(

d) identify the committee's membership and Chair by title or

position,

(

e) set out a minimum meeting frequency for the committee,

which must be at least once per year, and

(

f) outline committee quorum and procedural requirements for

decision making unless these requirements are set out in

another local authority bylaw.

(3) The bylaw or order must be enacted or made and in effect on or

before the date when this Regulation comes into force or, if an entity

becomes a local authority under the Act after that date, within one year

of the entity becoming a local authority.

Emergency management agency bylaws and orders

3(1) A local authority shall establish the local authority's emergency

management agency by

(

a) bylaw, if the local authority is a municipal council, the

settlement council of a Metis settlement, or the band council

of an Indian band, or

(

b) order, if the local authority is the Minister responsible for the

Municipal Government Act, the Minister responsible for the

Special Areas Act, or a park superintendent of a national park

or a superintendent's delegate.

(2) The bylaw or order must

(

a) set out the responsibilities of the agency,

(

b) appoint a person as the director of emergency management,

or state that a person who holds a specified title or position is

appointed as the director of emergency management by

virtue of holding that title or position,

(

c) state that the agency is responsible for the administration of

the local authority's emergency management program,

(

d) identify the frequency at which the agency must report to the

emergency advisory committee to provide updates on agency

activities, which must be at least once per year and must

include an update on the agency's review of the local

authority's emergency plan,

(

e) state that a command, control and coordination system

prescribed by the Managing Director of the Alberta

Emergency Management Agency will be used by the local

authority's emergency management agency, and

(

f) indicate, if an agency is acting as the agent of more than one

local authority, which local authorities the agency is acting as

an agent for.

(3) The Managing Director of the Alberta Emergency Management

Agency shall prescribe the command, control and coordination system

referred to in subsection (2)(

e) by posting notice of the incident

command, control and coordination system to the Alberta Emergency

Management Agency's website.

(4) The bylaw or order must be enacted or made and in effect on or

before the date when this Regulation comes into force or, if an entity

becomes a local authority under the Act after that date, within one year

of the entity becoming a local authority.

Emergency plan requirements

4 A local authority's emergency plan must include

(

a) a description of the administration of the local authority's

emergency management program,

(

b) the procedures for implementing the emergency plan during

an emergency or exercise response,

(

c) the local authority's plan for preparedness, response and

recovery activities,

(

d) a hazard and risk assessment,

(

e) emergency management program exercises that the local

authority will engage in,

(

f) the local authority emergency management agency's plan for

regular review and maintenance of the local authority's

emergency plan,

(

g) the local authority emergency management agency's plan for

the review and maintenance of the local authority's

emergency plan after an exercise, emergency or disaster,

(

h) how the command, control and coordination system

prescribed by

section 3(3) will be used by the local

authority's emergency management agency,

(

i) the assignment of responsibilities to local authority

employees and elected officials, by position, respecting the

implementation of the local authority's emergency plan,

(

j) a training plan for staff assigned with responsibilities under

the local authority's emergency plan,

(

k) the mechanisms that will be used to prepare and maintain an

emergency management staff contact list for employees and

elected officials who have been assigned responsibilities

respecting the implementation of the local authority's

emergency plan,

(

l) the local authority's plan for communications, public alerts

and notifications during exercises, emergencies and disasters,

and

(

m) the local authority's plan for providing emergency social

services during an emergency or disaster.

Review of emergency plans

5(1) A local authority's emergency management agency must review

the emergency plan that applies to that local authority at least once per

year.

(2) A local authority's emergency management agency must make the

emergency plan that applies to that local authority available to the

Alberta Emergency Management Agency for review and comment

annually.

(3) In the case of a summer village that has delegated the summer

village's duties relating to the maintenance of an emergency plan to

another local authority, that other local authority's emergency

management agency is responsible for complying with subsections (1)

and (2).

Mandatory exercises

6(1) Unless an exercise under subsection (2) is carried out that year, a

local authority's emergency management agency must engage in at

least one exercise per year in which participants identify a significant

possible emergency or disaster scenario and discuss how the local

authority would respond to and resolve emergency management issues

that may arise from the scenario.

(2) A local authority's emergency management agency must engage in

at least one exercise every 4 years in which participants identify a

significant possible emergency or disaster scenario and carry out

actions as if the significant emergency or disaster was actually

occurring, but without deploying personnel or other resources.

(3) Subsection (2) does not apply to a local authority emergency

management agency that has responded to an emergency or disaster

within the previous 4 years that resulted in the implementation of the

local authority's emergency plan and a written post-incident

assessment that included observations and recommendations for

improvement and corrective action being conducted.

(4) A local authority emergency management agency may fulfill the

obligations set out in subsections (1) and (2) by participating in

regional emergency exercises that require the local authority to utilize

relevant portions of the local authority's emergency plan.

(5) A local authority emergency management agency must submit an

exercise notification to the Alberta Emergency Management Agency

90 days before engaging in the exercise required by subsection (2).

(6) The exercise notification must outline the exercise scenario, state

the exercise objectives, identify the participants and state the date the

exercise will be conducted.

Regional services commissions and joint committees

7(1) If a local authority has delegated some or all of the local

authority's powers or duties under the Act to a regional services

commission, the local authority shall establish in a bylaw which

powers or duties under the Act have been delegated to the commission,

including whether the local authority will maintain an independent

emergency management agency.

(2) A local authority that is to be represented by a joint committee

under

section 11.3(1)(b)(ii) of the Act shall establish a bylaw setting

out the powers or duties that are being delegated to the joint

committee.

(3) If a summer village has delegated some or all of the summer

village's powers or duties under the Act to another local authority,

(

a) the summer village must establish in a bylaw which powers

or duties under the Act have been delegated to the other local

authority, and

(

b) the other local authority must establish in a bylaw that it has

accepted the powers and duties that have been delegated to

the local authority.

Training requirements for elected officials and delegates

8(1) The Managing Director of the Alberta Emergency Management

Agency may prescribe courses that each of a local authority's elected

officials must complete by posting notice of the courses on the Alberta

Emergency Management Agency's website.

(2) Any courses that are prescribed under subsection (1) must be

completed

(

a) within 90 days of the elected official taking an official oath

as required by

section 156 of the Municipal Government Act

section 23 of the Metis Settlements Act, as the case may

be, or within one year of this Regulation coming into force,

whichever is later, or

(

b) within 90 days of the councillor of an Indian band assuming

office, or within one year of this Regulation coming into

force, whichever is later, in the case of an Indian band that is

a local authority under the Act.

(3) In the case of an improvement district for which a council has been

established, each councillor shall take any courses prescribed under

subsection (1) within 90 days of the councillor being appointed to the

council, or within one year of this Regulation coming into force,

whichever is later.

(4) In the case of an improvement district for which a council has not

been established, each person to whom the Minister has delegated

powers or duties under the Act as a local authority for that

improvement district shall take any courses prescribed under

subsection (1) within 90 days of the person being delegated those

powers or duties, or within one year of this Regulation coming into

force, whichever is later.

(5) Each of the members of the Special Areas Board shall take any

courses prescribed under subsection (1) within 90 days of being

appointed to the Board, or within one year of this Regulation coming

into force, whichever is later.

(6) For greater certainty, this

section does not apply to the Minister

responsible for the Municipal Government Act or the Minister

responsible for the Special Areas Act, or to any other Minister.

Park superintendent training requirements

9(1) If a park superintendent of a national park is a local authority

under the Act, the park superintendent shall complete any courses

prescribed under

section 8(1).

(2) If a park superintendent has delegated the park superintendent's

role as a local authority, the park superintendent's delegate shall

complete the courses prescribed under

section 8(1).

(3) Any courses that are prescribed under

section 8(1) must be

completed within 90 days of

(

a) the person being appointed as the park superintendent or

being delegated the park superintendent's role as a local

authority, or

(

b) the park superintendent or the superintendent's delegate

becoming a local authority under the Act,

or within one year of this Regulation coming into force, whichever

occurs last.

Director of emergency management agency training requirements

10(1) The Managing Director of the Alberta Emergency Management

Agency may prescribe courses that each director of a local authority

emergency management agency must complete by posting notice of

the courses on the Alberta Emergency Management Agency's website.

(2) Any courses prescribed under subsection (1) must be completed

within 18 months of the person being appointed as the director of a

local authority's emergency management agency, or within 6 months

of this Regulation coming into force, whichever is later.

Local authority employee training requirements

11(1) The Managing Director of the Alberta Emergency Management

Agency may prescribe courses that each employee who has been

assigned responsibilities respecting the implementation of the local

authority's emergency plan must complete by posting notice of the

courses on the Alberta Emergency Management Agency's website.

(2) Any courses prescribed under subsection (1) must be completed

within 6 months of the employee being identified for a role in the local

authority's emergency plan.

Exemption from course requirements

12(1) The Managing Director of the Alberta Emergency Management

Agency may identify and approve courses that have substantially

similar content to courses required under

section 8, 9, 10 or 11 of this

Regulation.

(2) The Managing Director may exempt a person from the

requirement to complete courses required by

section 8, 9, 10 or 11 of

this Regulation if the person has completed courses that have been

approved under subsection (1) as having substantially similar content.

(3) The Managing Director may exempt a person from the

requirement to complete a course required by

section 10 if the

Managing Director determines that the person has experience or

credentials in emergency management which make the completion of

the course unnecessary

(4) The Managing Director may establish criteria to provide guidance

on whether a person has experience or credentials in emergency

management which make the completion of a course required by

section 10 unnecessary.

(5) The Managing Director may delegate all or part of the authority

provided to the Managing Director by subsection (1), (2) or (3).

Extension of time to complete courses

13(1) The Managing Director of the Alberta Emergency Management

Agency may grant an extension of time to a person who is required to

complete courses under

section 8, 9, 10 or 11 of this Regulation.

(2) The Managing Director may establish criteria to provide guidance

regarding the granting of extensions of time to complete courses

required by

section 8, 9, 10 or 11 of this Regulation.

(3) The Managing Director may delegate all or part of the authority

provided to the Managing Director by subsection (1).

Delegation by local authority

14 A local authority may delegate any of the powers or duties set out

in this Regulation to

(

a) a committee composed of a member or members of the local

authority, including an emergency advisory committee,

(

b) a regional services commission established under the

Municipal Government Act representing 2 or more local

authorities if the regional services commission is authorized

in its establishing regulation to exercise that power or duty,

(

c) if authorized by ministerial order, a joint committee

representing 2 or more local authorities that is composed of

one or more members appointed by each of the local

authorities, or

(

d) in the case of a summer village and if authorized by

ministerial order, another local authority.

Coming into force

15 This Regulation comes into force on January 1, 2020.

Alberta Regulation 204/2018

Heating Oil and Propane Rebate Act

REBATE AUTHORIZATION AMENDMENT REGULATION

Filed: November 27, 2018

For information only: Made by the Lieutenant Governor in Council (O.C. 363/2018)

on November 27, 2018 pursuant to

section 6 of the Heating Oil and Propane Rebate

Act.

1 The Rebate Authorization Regulation (AR 10/2009) is

amended by this Regulation.

Section 2(

a) is amended by striking out "April 1, 2019" and

substituting "March 31, 2021".

Section 5 is amended by striking out "April 1, 2020" and

substituting "March 31, 2022".

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

Alberta Regulation 205/2018

Provincial Court Act

PROVINCIAL COURT CIVIL PROCEDURE AMENDMENT REGULATION

Filed: November 27, 2018

For information only: Made by the Lieutenant Governor in Council (O.C. 365/2018)

on November 27, 2018 pursuant to

section 9 of the Provincial Court Act.

1 The Provincial Court Civil Procedure Regulation

(AR 176/2018) is amended by this Regulation.

Section 56(

a) is amended by striking out "PROVINICIAL"

and substituting "PROVINCIAL".

Alberta Regulation 206/2018

Veterinary Profession Act

VETERINARY PROFESSION GENERAL AMENDMENT REGULATION

Filed: November 27, 2018

For information only: Made by the Lieutenant Governor in Council (O.C. 367/2018)

on November 27, 2018 pursuant to

section 13 of the Veterinary Profession Act.

1 The Veterinary Profession General Regulation (AR 44/86)

is amended by this Regulation.

Section 7(6) is amended by striking out "him" and

substituting "the registered veterinarian or permit holder".

Section 20 is amended by striking out "shall conduct himself

or herself" and substituting "shall act".

Section 42 is amended is amended by striking out "his or

her" and substituting "the other practitioner's".

Section 58 is amended by striking out "January 31, 2019"

and substituting "March 31, 2022".

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

Alberta Regulation 207/2018

Child, Youth and Family Enhancement Act

COURT RULES AND FORMS AMENDMENT REGULATION

Filed: November 27, 2018

For information only: Made by the Lieutenant Governor in Council (O.C. 368/2018)

on November 27, 2018 pursuant to

section 131 of the Child, Youth and Family

Enhancement Act.

1 The Court Rules and Forms Regulation (AR 39/2002) is

amended by this Regulation.

2 Forms 2, 3 and 5 are amended in

section 4 of each Form

by striking out "survival" and substituting "safety".

3 Form 21 is amended in

section 3

(

a) by striking out "(NOTE: The director's consent cannot be

dispensed with if the director is a guardian of the

child(ren)).";

(

b) by striking out "aboriginal" and substituting

"Indigenous".

4 Form 22 is amended in

section 4 by striking out

"aboriginal" and substituting "Indigenous".

5 Form 29 is amended

(

a) in

section 1 by striking out "Alberta Human Services"

and substituting "Children's Services";

(

b) in sections 1 and 2 by striking out "aboriginal" and

substituting "Indigenous".

6 Form 30 is amended

(

a) by striking out "Alberta Human Services" and

substituting "Children's Services";

(

b) by striking out "2 Affidavit of Execution" and

substituting "3 Affidavit of Execution".

7 The following is added after Form 41:

Form 42

Notice to Band of Private Guardianship Application

In the Provincial Court of Alberta in the Matter of an

Application under

section 52 of the

Child, Youth and Family Enhancement Act

To: (name of band)

Address:

Regarding the child(ren)

____________________, born (date-yyyy/mm/dd) .

____________________, born (date-yyyy/mm/dd) .

____________________, born (date-yyyy/mm/dd) .

1 Name of applicants

(name of applicant) .

(name of applicant) .

2 Notice

[] I(we) am(are) applying to the Court for a private

guardianship order regarding the child(ren). I(we) will ask

the Court to make me(us) a private guardian(

s) to the

child(ren).

[] I have the authority to act for a director. My name is

_____________________________.

I am applying to the Court on behalf of the applicant(

s) for a private

guardianship order regarding the child(ren). I will ask the Court to

appoint the applicant(

s) as a private guardian(

s) to the child(ren).

The Court hearing will be at (address) on

(date - yyyy/mm/dd) . The Judge will hear this application as soon as

possible after (time) , in Court room number (number).

If you want to speak to the Judge about this application, you must

attend the hearing the first time the matter is heard in Court.

The Judge may make an order different from what I (we) apply

for. If you do not attend the Court hearing the first time the

matter is heard in Court, the Judge may still make an order.

3 Application

I(we) am(are) applying for a private guardianship order regarding the

child(ren).

I(we) am(are) applying for:

[] an order terminating the guardianship of

(name(s)) .

[] custody to be granted to

(name(s)) .

[] an order of contact to be granted to

(name(s)) .

[] an order to dispense with the consent of

(name(s)) .

[] an order seeking (other) .

8 This Regulation comes into force on February 28, 2019.

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

Alberta Regulation 208/2018

Child, Youth and Family Enhancement Act

EXPERT REVIEW PANEL REPEAL REGULATION

Filed: November 27, 2018

For information only: Made by the Lieutenant Governor in Council (O.C. 369/2018)

on November 27, 2018 pursuant to

section 131 of the Child, Youth and Family

Enhancement Act.

1 The Expert Review Panel Regulation (AR 54/2012) is

repealed by this Regulation.

2 This Regulation comes into force on November 30, 2018.

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

Alberta Regulation 209/2018

Mines and Minerals Act

NATURAL GAS ROYALTY REGULATION, 2009

AMENDMENT REGULATION

Filed: November 27, 2018

For information only: Made by the Lieutenant Governor in Council (O.C. 370/2018)

on November 27, 2018 pursuant to sections 5 and 36 of the Mines and Minerals Act.

1 The Natural Gas Royalty Regulation, 2009 (AR 221/2008)

is amended by this Regulation.

Section 18 is amended

(

a) in subsection (12) by striking out "April 30" and

substituting "May 31";

(

b) in subsection (14) by striking out "May 15" and

substituting "June 10";

(

c) in subsection (15) by striking out "May 15" and

substituting "June 10".

Section 23(5) is amended by striking out "15th day" and

substituting "10th day".

Section 24(8)(

b) is amended by striking out "15th day" and

substituting "10th day".

Section 25(8) is amended by striking out "15th day" and

substituting "10th day".

Section 27 is amended

(

a) in subsection (2)(

c) by striking out "15th day" and

substituting "10th day";

(

b) in subsection (5)(

c) by striking out "15th day" and

substituting "10th day".

Section 35 is amended by striking out "November 30, 2018"

and substituting "November 30, 2032".

Schedule 6 is amended

(

a) in

section 4

(

i) in subsection (2) by striking out "15th day" and

substituting "10th day";

(ii) in subsection (5) by striking out "15th day" and

substituting "10th day";

(iii) in subsection (6)(

a) and (

b) by striking out

"15th day" and substituting "10th day";

(

b) in

section 5(6) by striking out "15th day" and

substituting "10th day".

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

Alberta Regulation 210/2018

Mines and Minerals Act

NATURAL GAS ROYALTY REGULATION, 2017

AMENDMENT REGULATION

Filed: November 27, 2018

For information only: Made by the Lieutenant Governor in Council (O.C. 371/2018)

on November 27, 2018 pursuant to sections 5 and 36 of the Mines and Minerals Act.

1 The Natural Gas Royalty Regulation, 2017 (AR 211/2016)

is amended by this Regulation.

Section 19 is amended

(

a) in subsection (11) by striking out "April 30" and

substituting "May 31";

(

b) in subsection (13) by striking out "May 15" and

substituting "June 10";

(

c) in subsection (14) by striking out "May 15" and

substituting "June 10".

Section 30(5) is amended by striking out "15th day" and

substituting "10th day".

Section 31(8)(

b) is amended by striking out "15th day" and

substituting "10th day".

Section 32(8) is amended by striking out "15th day" and

substituting "10th day".

Section 35 is amended

(

a) in subsection (2)(

c) by striking out "15th day" and

substituting "10th day";

(

b) in subsection (5)(

c) by striking out "15th day" and

substituting "10th day".

Schedule 6 is amended

(

a) in

section 4

(

i) in subsection (2) by striking out "15th day" and

substituting "10th day";

(ii) in subsection (5) by striking out "15th day" and

substituting "10th day";

(iii) in subsection (6)(

a) and (

b) by striking out

"15th day" and substituting "10th day";

(

b) in

section 5(6) by striking out "15th day" and

substituting "10th day".

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

Alberta Regulation 211/2018

Workers' Compensation Act

FAIR PRACTICES OFFICE REGULATION

Filed: November 28, 2018

For information only: Made by the Lieutenant Governor in Council (O.C. 374/2018)

on November 27, 2018 pursuant to

section 23.6 of the Workers' Compensation Act.

Table of Contents

Definitions

2 Delegation to deputy

3 Procedures

4 Complaints

5 Disclosure of information

6 Result of review

7 Coming into force

Definitions

1 In this Regulation,

(a) "Act" means the Workers' Compensation Act;

(b) "Code" means the Code of Rights and Conduct established

by the Board under

section 9.2 of the Act;

(c) "Commissioner" means the Fair Practices Commissioner

appointed under

section 23.1(1) of the Act;

(d) "Fair Practices Office" means the Fair Practices Office

established under

section 23.1(1) of the Act;

(e) "head" means, with respect to a workers' compensation

body,

(

i) the chief appeals commissioner, in the case of the

Appeals Commission,

(ii) the President of the Board, in the case of the Board, or

(iii) the Medical Panels Commissioner, in the case of the

Medical Panels Office;

(f) "Medical Panels Office" means the Medical Panels Office

established under

section 46.2(1) of the Act;

(g) "workers' compensation body" means

(

i) the Appeals Commission,

(ii) the Board, or

(iii) the Medical Panels Office.

Delegation to deputy

2 The Commissioner may, in writing, delegate to a Deputy Fair

Practices Commissioner any power or duty conferred or imposed on

the Commissioner under the Act or this Regulation, except the power

of delegation under this section.

Procedures

3(1) The Commissioner shall establish procedures respecting the

following:

(

a) the conduct of a review of a complaint made under

section

23.2(2)(

a) of the Act;

(

b) the conduct of a review of a matter referred to the

Commissioner under

section 23.2(2)(

b) of the Act;

(

c) the conduct of a review on the Commissioner's own motion

under

section 23.2(2)(

c) of the Act;

(

d) the informal resolution of a complaint, a matter referred to

the Commissioner or a matter reviewed on the

Commissioner's own motion under

section 23.2(2) of the

Act;

(

e) the assistance of workers, workers' dependants, or employers

in navigating the workers' compensation system, including

procedures respecting the direction of workers, workers'

dependants or employers to an appropriate resource, person

or organization for assistance;

(

f) the preparation of systems assurance reports for the Minister

in respect of the workers' compensation system, including

reports in respect of the activities of the Fair Practices Office

and complaints received by the Fair Practices Office.

(2) The Commissioner may establish any other procedures that the

Commissioner considers necessary.

Complaints

4(1) A complaint to the Commissioner under

section 23.2(2)(

a) of the

Act must

(

a) be in writing,

(

b) set out in detail the grounds of the complaint and the

particular facts supporting the grounds of the complaint,

(

c) describe any steps the complainant and the relevant workers'

compensation body have already taken to resolve the

complaint, and

(

d) contain any other information the Commissioner requires.

(2) The Commissioner may refuse to review a complaint

(

a) in the case of a complaint with respect to a matter referred to

section 23.2(1)(a)(

i) of the Act, if the complainant had, in

the opinion of the Commissioner, knowledge of the matter

that is the subject of the complaint for more than 24 months

before the complaint is made to the Commissioner, or

(

b) in the case of a complaint with respect to an alleged breach of

the Code, if the complainant had, in the opinion of the

Commissioner, knowledge of the alleged breach for more

than 24 months before the complaint is made to the

Commissioner.

(3) The Commissioner may refuse to review or may discontinue a

review of a complaint if in the Commissioner's opinion

(

a) the review is unnecessary,

(

b) the subject-matter of the complaint is trivial, or

(

c) the complaint is frivolous, vexatious or not made in good

faith.

(4) If the Commissioner refuses to review or discontinues the review

of a complaint, the Commissioner shall inform the complainant of the

decision and state the reasons for the decision.

Disclosure of information

5 For the purposes of

section 23.2(4) of the Act, an employer is

authorized to disclose the records and information referred to in that

section.

Result of review

6(1) After conducting a review, the Commissioner shall provide the

Commissioner's preliminary findings and any recommendations to the

head of each workers' compensation body that is a subject of the review

and ensure that each head has a reasonable opportunity to respond.

(2) The Commissioner shall, after considering any response received

under subsection (1), prepare a final report, which must contain the

following:

(

a) the Commissioner's findings with respect to the matter under

review;

(

b) the Commissioner's recommendations, if any;

(

c) any other information that the Commissioner considers

relevant.

(3) The Commissioner shall provide a copy of the final report to the

following:

(

a) the head of each workers' compensation body that is a

subject of the review;

(

b) the complainant, if any;

(

c) the Minister.

Coming into force

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

section 14 of

Schedule 2 of

An Act to Protect the Health and

Well-being of Working Albertans.

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

Alberta Regulation 212/2018

Municipal Government Act

CLEAN ENERGY IMPROVEMENTS REGULATION

Filed: November 29, 2018

For information only: Made by the Minister of Municipal Affairs

(M.O. MSL:087/18) on November 28, 2018 pursuant to

section 390.9 of the

Municipal Government Act.

Table of Contents

Definitions

2 Program administrator

3 Eligible improvements

4 Qualified contractors

5 Clean energy improvement tax bylaws

6 Agreement with program administrator

7 Applications for clean energy improvements

8 Application fees

9 Approval of application

10 Clean energy improvement agreements

11 Agreement with qualified contractors

12 Monitoring and reporting

13 Coming into force

Definitions

1 In this Regulation,

(a) "administration fee" means the proportionate share of the

costs associated with the administration of the clean energy

improvement program included in the cost of a clean energy

improvement;

(b) "Energy Efficiency Alberta" means the corporation

established in

section 2 of the Energy Efficiency Alberta Act;

(c) "incidental cost" means an amount expended on preparation

or upgrading of a property that is incidental to the clean

energy improvement;

(d) "Minister" means the Minister responsible for the Energy

Efficiency Alberta Act;

(e) "program administrator" means the program administrator

referred to in

section 2;

(f) "qualified contractor" means a person included on the list

referred to in

section 4(1).

Program administrator

2(1) Subject to subsection (2), the program administrator is Energy

Efficiency Alberta.

(2) The Minister may, by order, designate an entity or entities other

than, or in addition to, Energy Efficiency Alberta as program

administrator for the purposes of this Regulation.

(3) The order referred to in subsection (2) may specify sections of this

Regulation to which the designation applies.

Eligible improvements

3(1) The program administrator must establish and update a list of

types of renovations, adaptations or installations for which clean

energy improvement agreements may be made and publish the list on

the program administrator's website.

(2) The list referred to in subsection (1)

(

a) must include information with respect to

(

i) the anticipated lifespan of the renovation, adaptation or

installation, and

(ii) the energy savings estimated to be the result of the

renovation, adaptation or installation,

and

(

b) may include information that is not referred to in clause (a).

Qualified contractors

4(1) The program administrator must establish and update a list of

persons who may provide services relating to clean energy

improvements and publish the list on the program administrator's

website.

(2) The program administrator must establish and publish on the

program administrator's website

(

a) a code of conduct for qualified contractors,

(

b) marketing guidelines for qualified contractors, and

(

c) a policy for when qualified contractors will be removed from

the list referred to in subsection (1) for failure to comply with

the code of conduct or marketing guidelines.

(3) The code of conduct referred to in subsection (2) must address,

without limitation, the following:

(

a) the safety and welfare of individuals on worksites;

(

b) licensing and qualifications;

(

c) adherence to policies, procedures and bylaws;

(

d) appropriate and respectful interactions with property owners;

(

e) confidential information;

(

f) conflicts of interest;

(

g) acting in good faith.

(4) The marketing guidelines referred to in subsection (2) must

address, without limitation, the following:

(

a) unfair, misleading and deceptive marketing practices;

(

b) the provision of information about the clean energy

improvement program as established in the Act, this

Regulation, and the clean energy improvement bylaw enacted

in the municipality in which an owner's property is located;

(

c) the soliciting of consumers for the purpose of marketing

services relating to clean energy improvements.

(5) No person shall provide services relating to the installation of a

clean energy improvement unless that person is a qualified contractor.

(6) Qualified contractors

(

a) must comply with the code of conduct and marketing

guidelines established by the program administrator,

(

b) must meet all federal, provincial and municipal licensing and

certification requirements established for that person's trade

or profession,

(

c) must obtain any permits required by law when providing

services relating to clean energy improvements, and

(

d) shall not enter into an agreement for the provision of services

relating to the installation of a clean energy improvement

other than an agreement referred to in

section 11.

(7) If a person who is a qualified contractor fails to comply with

subsection (4), the program administrator may remove the person from

the list referred to in subsection (1) in accordance with the policy

referred to in subsection (2)(c).

Clean energy improvement tax bylaws

5(1) In addition to meeting the requirements referred to in

section

390.3 of the Act, a clean energy improvement tax bylaw must

(

a) indicate that a clean energy improvement tax may be

imposed on a property that is subject to a clean energy

improvement agreement at any time following the signing of

the clean energy improvement agreement, and

(

b) identify the program administrator, if any, designated by the

Minister.

(2) A municipality must not set out an eligible improvement in a clean

energy improvement tax bylaw under

section 390.3(4) of the Act

unless the eligible improvement is included in the list referred to in

section 3(1).

(3) A clean energy improvement tax bylaw may specify amounts for

the purposes of

section 10(1)(b)(ii) that are lower than the amounts

provided in that section.

Agreement with program administrator

6(1) A municipality that has passed a clean energy improvement tax

bylaw must enter into an agreement with the program administrator

relating to the administration of the municipality's clean energy

improvement program.

(2) The agreement referred to in subsection (1) must determine how

the administration fee will be divided between the program

administrator and the municipality.

Applications for clean energy improvements

7(1) The owner of a property that is located in a municipality that has

passed a clean energy improvement tax bylaw may apply to the

program administrator for a clean energy improvement.

(2) An application for a clean energy improvement must include

(

a) evidence satisfactory to the program administrator that the

applicant is the owner of the property,

(

b) evidence satisfactory to the program administrator that the

property is insured,

(

c) if the property is a unit described in a condominium plan

under the Condominium Property Act and the clean energy

improvement will affect common property or managed

property as defined in that Act, the written approval of the

condominium board, and

(

d) if the property is located in a building that includes shared

facilities and the clean energy improvement will affect any of

those shared facilities, the written approval of the owner of

the building.

(3) If requested to do so by the program administrator, an applicant

must

(

a) participate in a technical assessment or an energy audit, as

defined by the program administrator, or

(

b) allow the program administrator to, at a reasonable time and

after giving reasonable notice, inspect the property for the

purpose of assessing the application.

(4) The applicant must provide the program administrator with a

sworn statement in the form required by the program administrator that

the applicant is in good standing with respect to the payment of taxes

imposed under the Act in the 5-year period before the applicant

submitted the application.

(5) An application for a clean energy improvement must be signed by

all owners of the property.

Application fees

8(1) The program administrator may charge an application fee in

relation to applications for clean energy improvements.

(2) If the program administrator charges an application fee in relation

to applications for clean energy improvements, the fee must not exceed

the following:

(

a) for applications relating to residential properties, $100;

(

b) for applications relating to non-residential properties, $500;

(

c) for applications relating to farm land, $200.

Approval of application

9(1) Before approving an application for a clean energy improvement,

the program administrator must provide the applicant with the form of

agreement for the clean energy improvement agreement and obtain the

signed acknowledgement of the applicant that the applicant has

received this information.

(2) The program administrator may approve an application for a clean

energy improvement only if the proposed clean energy improvement is

eligible under the clean energy improvement bylaw enacted in the

municipality in which the property that is the subject of the application

is located.

(3) If the program administrator is satisfied that the requirements of

the Act relating to clean energy improvements, this Regulation and the

clean energy improvement bylaw enacted in the municipality in which

the property that is the subject of the application is located have been

met, the program administrator may approve the application.

(4) If the application is approved, the program administrator must

provide a copy of the approved application to the applicant and to the

municipality in which the property that is the subject of the application

is located.

Clean energy improvement agreements

10(1) A municipality may enter into a clean energy improvement

agreement with the owner of a property only if

(

a) the program administrator has approved the owner's

application for a clean energy improvement in accordance

with

section 9,

(

b) the value of the capital costs of undertaking all clean energy

improvements to the property

(

i) is not less than $3000, and

(ii) subject to

section 5(3), does not exceed

(

A) for residential property, $50 000,

(

B) for non-residential property, $1 000 000 or a

greater amount if that amount is approved by the

Minister and by resolution of council, and

(

C) for farm land, $300 000 or a greater amount if that

amount is approved by the Minister and by

resolution of council,

and

(

c) subject to subsection (2), the amount of the tax authorized by

a bylaw passed under

section 353 of the Act most recently

imposed on the property is greater than or equal to the annual

payment calculated in accordance with the following

formula:

A + B + C

where

A is the capital cost of undertaking the clean energy

improvement;

B is the total cost of professional services needed for

the clean energy improvement;

C is the total of all incidental costs;

D is the probable lifetime, calculated in years, of the

improvement.

(2) The requirement in subsection (1)(

c) does not apply to farm land

or a property that is exempt from taxation under

Part 10 of the Act.

(3) Nothing in this Regulation requires a municipality to enter into a

clean energy improvement agreement with any owner of a property.

(4) In addition to meeting the requirements referred to in

section 390.4

of the Act, a clean energy improvement agreement must include

(

a) the estimated date of completion of the clean energy

improvement,

(

b) the estimated cost of the clean energy improvement,

(

c) the administration fee,

(

d) the manner in which a cost overrun or underrun is to be dealt

with if the actual cost of the clean energy improvement

differs from the estimated cost,

(

e) that the costs of the clean energy improvement may be

revised if the council refinances the debt created to pay for

the clean energy improvement at an interest rate other than

the rate estimated when the clean energy imp