Alberta Regulation 87/2009

Occupational Health and Safety Act

OCCUPATIONAL HEALTH AND SAFETY CODE 2009 ORDER

Filed: April 3, 2009

For information only: Made by the Minister of Employment and Immigration

(M.O. 25/2009) on April 2, 2009 pursuant to

section 40.1(2) of the Occupational

Health and Safety Act.

Adoption of OHS Code 2009

1 The Occupational Health and Safety Code 2009 made by the

Occupational Health and Safety Council on February 9, 2009 is

adopted.

Repeal

2 The Occupational Health and Safety Code 2006 Order

(AR 288/2006) is repealed.

Coming into force

3 This Regulation comes into force on July 1, 2009.

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Alberta Regulation 88/2009

Apprenticeship and Industry Training Act

TOOL AND DIE MAKER TRADE RESCISSION

OF DESIGNATION REGULATION

Filed: April 14, 2009

For information only: Made by the Lieutenant Governor in Council (O.C. 165/2009)

on April 9, 2009 pursuant to

section 30 of the Apprenticeship and Industry Training

Act.

Rescission of designation

1 The designation of the trade of tool and die maker as an optional

certification trade pursuant to the Apprenticeship and Industry

Training Act is hereby rescinded.

Coming into force

2 This Regulation comes into force on April 1, 2011.

Alberta Regulation 89/2009

Apprenticeship and Industry Training Act

TOOL AND DIE MAKER TRANSITION REGULATION

Filed: April 14, 2009

For information only: Made by the Lieutenant Governor in Council (O.C. 166/2009)

on April 9, 2009 pursuant to

section 31 of the Apprenticeship and Industry Training

Act.

Table of Contents

Definitions

2 Exception

3 Apprenticeship program continues

4 No new registrations

5 Repeal

6 Coming into force

Definitions

1 In this Regulation,

(a) "Act" means the Apprenticeship and Industry Training Act;

(b) "apprenticeship program" means a program of training in a

designated trade

(

i) that is approved by the Board and under which an

apprentice receives formal instruction and on the job

training, and

(ii) that is governed by a contract of apprenticeship that is

registered under the Act;

(c) "Executive Director" means the Executive Director

appointed under

section 14 of the Act;

(d) "trade" means the occupation of tool and die maker

designated as an optional certification trade pursuant to the

Act.

Exception

2 Even though a person is not otherwise permitted under the Act to

work in the trade, for the period commencing on May 1, 2009 and

ending on March 31, 2011, a person is, subject to this Regulation,

permitted to work or to perform one or more tasks, activities and

functions in the trade.

Apprenticeship program continues

3 A person who immediately before May 1, 2009 was an apprentice

in an apprenticeship program under the Tool and Die Maker Trade

Regulation (AR 43/2003) continues as an apprentice in that

apprenticeship program until the contract of apprenticeship ends under

the Apprenticeship and Industry Training Administration Regulation

(AR 257/2000) or this Regulation is repealed, whichever occurs first.

No new registrations

4 On and after May 1, 2009, the Executive Director shall not register

contracts of apprenticeship in the trade.

Repeal

5 This Regulation is repealed on March 31, 2011.

Coming into force

6 This Regulation comes into force on May 1, 2009.

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Alberta Regulation 90/2009

Apprenticeship and Industry Training Act

DESIGNATION OF OPTIONAL CERTIFICATION

TRADES AMENDMENT REGULATION

Filed: April 14, 2009

For information only: Made by the Lieutenant Governor in Council (O.C. 167/2009)

on April 9, 2009 pursuant to

section 57 of the Apprenticeship and Industry Training

Act.

1 The Designation of Optional Certification Trades

Regulation (AR 203/2000) is amended by this Regulation.

Section 1.2 is amended

(

a) by repealing clause (

u) and substituting the

following:

(

u) power lineman (now known as powerline technician);

(

b) by repealing clause (bb).

Section 2(

b) comes into force on April 1, 2011.

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Alberta Regulation 91/2009

Post-secondary Learning Act

PROGRAMS OF STUDY REGULATION

Filed: April 14, 2009

For information only: Made by the Lieutenant Governor in Council (O.C. 168/2009)

on April 9, 2009 pursuant to

section 124 of the Post-secondary Learning Act.

Table of Contents

Definitions

Programs of Study

2 Application for approval

3 Minister's approval of diploma or certificate program

4 Minister's referral of degree program

5 Council review of degree program

6 Minister's approval of degree program after review

7 Council's duty to establish standards and conditions

8 Powers of Council to ensure compliance

9 Recommendation of Council if standards or conditions not met

10 Minister's cancellation of approved degree program

11 Minister's recommendation to Lieutenant Governor in Council

12 Order of Lieutenant Governor in Council

Other Programs

13 Programs under s45(2) of Act

14 Degree in divinity

Repeal and Expiry

15 Repeal

16 Expiry

Definitions

1 In this Regulation,

(a) "Act" means the Post-secondary Learning Act;

(b) "Council" means the Campus Alberta Quality Council

established under the Act;

(c) "degree program" means a program of study that leads to the

granting of a degree;

(d) "diploma or certificate program" means a program of study

that leads to the granting of a diploma or certificate;

(e) "institution" means a public post-secondary institution, a

resident private college or a non-resident institution.

Programs of Study

Application for approval

2 The following must apply for approval, in the form required by the

Minister:

(

a) a public post-secondary institution that proposes to establish,

extend, expand, reduce, suspend, terminate or transfer a

degree program or a diploma or certificate program offered

or to be offered in Alberta;

(

b) a resident private college or non-resident institution that

proposes to establish, extend, expand, reduce, suspend,

terminate or transfer a degree program offered or to be

offered in Alberta.

Minister's approval of diploma or certificate program

3 On receiving an application made under

section 2 respecting a

program of study that is a diploma or certificate program, the Minister

may approve that diploma or certificate program.

Minister's referral of degree program

4 On receiving an application made under

section 2 respecting a

program of study that is a degree program, the Minister may, if the

Minister is satisfied that the degree program meets the Minister's

criteria for post-secondary system co-ordination, refer the application

to the Council for review.

Council review of degree program

5(1) The Council must review an application respecting a degree

program referred to it by the Minister under

section 4 to determine if

the applicant institution and the proposed degree program meet the

minimum standards and conditions established by the Council.

(2) If the Council determines that all of the conditions and standards

referred to in subsection (1) are met, the Council must recommend to

the Minister that the degree program be approved.

(3) If the Council determines that any of the conditions or standards

referred to in subsection (1) are not met, the Council may recommend

to the Minister that the degree program not be approved.

Minister's approval of degree program after review

6 After receiving the Council's recommendation under

section 5(2)

or (3) with respect to a degree program, the Minister

(

a) may approve the degree program if the application was made

(

i) a public post-secondary institution,

(ii) a non-resident institution, or

(iii) a resident private college that already offers an

approved degree program in Alberta,

(

b) if the application was made by a resident private college that

does not already offer an approved degree program in

Alberta, may

(

i) recommend to the Lieutenant Governor in Council that

an order be made under

section 12(1), and

(ii) after an order under

section 12(1) is made, approve the

degree program.

Council's duty to establish standards and conditions

7 In order to carry out its functions under this Regulation, the Council

shall establish the minimum standards and conditions referred to in

section 5(1) for institutions and for degree programs.

Powers of Council to ensure compliance

8 The Council may, on the referral to it of a matter by the Minister

relating to an approved or proposed degree program,

(

a) review and monitor a degree program to ensure compliance

with the standards and conditions established under

section 7,

(

b) require a report from the governing body of an institution on

any matter relating to an approved or proposed degree

program that the institution offers or proposes to offer, and

(

c) appoint persons to provide advice and recommendations

relating to the review and evaluation by the Council of a

degree program under clause (

a) or

section 5.

Recommendation of Council if standards or conditions not met

9 If the Council determines that any of the standards or conditions

established under

section 7 are no longer being met with respect to an

institution or a degree program offered by an institution, the Council

(

a) may recommend to the Minister that the Minister cancel the

approval of one or more degree programs offered by the

institution, and

(

b) may, if the institution is a resident private college, also

recommend to the Minister that the Minister recommend to

the Lieutenant Governor in Council that the order designating

the resident private college as a private college that may

grant approved degrees be rescinded.

Minister's cancellation of approved degree program

10 The Minister may cancel the approval of a degree program

(

a) on receiving a recommendation of the Council under

section

9(a),

(

b) if the Minister has reason to believe that an institution has

discontinued the approved degree program, or

(

c) if, in the opinion of the Minister, it is necessary to cancel the

approval for any other reason.

Minister's recommendation to Lieutenant Governor in Council

11 The Minister may recommend to the Lieutenant Governor in

Council that an order designating a resident private college as a private

college that may grant approved degrees be rescinded

(

a) on receiving a recommendation of the Council under

section

9(b),

(

b) if the Minister has reason to believe that a resident private

college has discontinued all of the approved degree programs

offered by the college, or

(

c) if, in the opinion of the Minister, it is necessary to rescind an

order designating a resident private college as a private

college that may grant approved degrees for any other reason.

Order of Lieutenant Governor in Council

12(1) On the recommendation of the Minister under

section 6(b)(i),

the Lieutenant Governor in Council may by order designate a resident

private college as a private college that may grant approved degrees.

(2) On the recommendation of the Minister under

section 11, the

Lieutenant Governor in Council may by order rescind an order

designating a resident private college as a private college that may

grant approved degrees.

Other Programs

Programs under s45(2) of Act

13 For the purposes of

section 45(2) of the Act, the board of a

vocational college must provide the following programs:

(

a) academic upgrading programs;

(

b) career entry programs with a duration of one year or less;

program.

Degree in divinity

14(1)

Section 106(1) of the Act does not apply in respect of a degree

in divinity that, in the opinion of the Minister, primarily prepares

students for service in the work of a religious group.

(2) A degree in divinity must be given a name that distinguishes it

from an academic degree that is granted by an institution and has been

approved under the Act.

Repeal and Expiry

Repeal

15 The Approval of Programs of Study Regulation (AR 51/2004) is

repealed.

Expiry

16 For the purpose of ensuring that this Regulation is reviewed for

ongoing relevancy and necessity, with the option that it may be

repassed in its present or an amended form following a review, this

Regulation expires on January 31, 2013.

Alberta Regulation 92/2009

Residential Tenancies Act

RESIDENTIAL TENANCY DISPUTE RESOLUTION SERVICE

AMENDMENT REGULATION

Filed: April 14, 2009

For information only: Made by the Lieutenant Governor in Council (O.C. 170/2009)

on April 9, 2009 pursuant to

section 54.7 of the Residential Tenancies Act.

1 The Residential Tenancy Dispute Resolution Service

Regulation (AR 98/2006) is amended by this Regulation.

Section 35 is amended by striking out "April 30, 2009" and

substituting "April 30, 2011".

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Alberta Regulation 93/2009

Oil Sands Conservation Act

OIL SANDS CONSERVATION AMENDMENT REGULATION

Filed: April 14, 2009

For information only: Made by the Energy Resources Conservation Board on March

31, 2009 pursuant to

section 20(f), (

h) through (

l) and (

n) of the Oil Sands

Conservation Act.

1 The Oil Sands Conservation Regulation (AR 76/88) is

amended by this Regulation.

Section 1(2) is amended

(

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

(d.1) "Directive 074" means Directive 074, "Tailings

Performance Criteria and Requirements for Oil Sands

Mining Schemes", published by the Board;

(

b) by adding the following after clause (z.1):

(z.2) "tailings" means a by-product of the bitumen extraction

process composed of water, sands, fines and residual

bitumen.

3 The following is added after

section 24:

Storage or disposal

24.1 An operator shall apply for and obtain the approval of the

Board for the management of tailings and shall manage the tailings

in accordance with Directive 074.

4 The following is added after

section 28:

Dedicated disposal area plan

28.1 Before constructing a dedicated disposal area, an operator

shall submit a dedicated disposal area plan to the Board in

accordance with Directive 074 and shall obtain the Board's approval

of the plan.

Section 30 is amended

(

a) by striking out "and" at the end of clause (d);

(

b) by adding "and" at the end of clause (e);

(

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

(

f) a tailings management plan prepared in accordance with

Directive 074.

6 The following is added after

section 32:

Other reports

32.1(1) An operator shall submit to the Board, in accordance with

Directive 074,

(

a) an annual status report respecting fluid tailings ponds,

(

b) an annual compliance report respecting dedicated disposal

areas, and

(

c) an annual compliance report respecting fines capture.

(2) In addition to the report referred to in subsection (1)(c), an

operator shall submit to the Board, in accordance with Directive 074,

quarterly progress reports respecting fines capture.

Section 47 is repealed and the following is substituted:

In situ scheme reports

47 An operator of an in situ scheme shall, unless otherwise

stipulated by the Board, provide information on the progress,

performance, efficacy, and operation of the scheme in accordance

with Directive 054, "Performance Presentations, Auditing, and

Surveillance of In Situ Oil Sands Schemes", published by the Board,

and any amendments made to the Directive.

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Alberta Regulation 94/2009

Government Organization Act

EMPLOYMENT AND IMMIGRATION GRANT REGULATION

Filed: April 14, 2009

For information only: Made by the Lieutenant Governor in Council (O.C. 163/2009)

on April 9, 2009 pursuant to

section 13 of the Government Organization Act.

Table of Contents

1 Definition

2 Delegation

3 General authority to make grants

4 Eligibility criteria

5 Applications for grants

6 Conditions

7 Variation

8 Repayment of grant

9 Deductions from grant

10 Payment

11 Agreements

12 Refusal to provide grant

13 Repeal

14 Expiry

Definition

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

and Immigration.

Delegation

2 The Minister may delegate in writing any power, duty or function

under this Regulation to any employee of the Government.

General authority to make grants

3 The Minister may make grants, in accordance with this Regulation,

for any purpose related to any program, service or matter under the

administration of the Minister.

Eligibility criteria

4 The Minister may establish eligibility criteria for grants.

Applications for grants

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

satisfactory to the Minister.

Conditions

6 The following conditions apply to a grant:

(

a) that the recipient

(

i) use the grant only for the purpose for which it is made,

(ii) account to the Minister, in the manner required by the

Minister, for the way in which the grant is spent in

whole or in part,

(iii) permit a representative of the Minister or the Auditor

General to examine any books or records that the

Minister or the Auditor General considers necessary to

determine how the grant has been or is being spent, and

(iv) provide to the Minister, on request, any information the

Minister considers necessary for the purpose of

determining whether or not the recipient has complied

or is complying with the conditions of the grant;

(

b) any other conditions imposed by the Minister.

Variation

7 The Minister may vary

(

a) the eligibility requirements for a grant,

(

b) the purpose of a grant, or

(

c) a condition on which a grant is made.

Repayment of grant

8(1) Subject to subsection (4), a recipient of a grant shall repay a grant

or part of a grant

(

a) that the recipient receives for which the recipient is not

eligible,

(

b) where the recipient provided false, inaccurate or misleading

information to obtain the grant, or

(

c) where the recipient fails to comply with a condition on which

the grant or part of the grant is made.

(2) Subject to subsection (4), a recipient of a grant shall repay any

unused portion of the grant.

(3) A grant or part of a grant that is required to be repaid under this

section constitutes a debt due to the Government and is recoverable by

the Minister in an action in debt against the recipient of the grant.

(4) Subsections (1) and (2) do not apply where the Minister varies the

eligibility criteria for, the purpose of or the conditions applicable to the

grant to allow the recipient to retain the grant or to use the grant for the

varied purpose or under the varied conditions.

Deductions from grant

9 The Minister may deduct from a grant any amount that the recipient

(

a) is required to repay under

section 8, or

(

b) owes to the government under any enactment or program

under the Minister's responsibility.

Payment

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

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

which the grant is to be paid.

Agreements

11 The Minister may enter into agreements with respect to any matter

relating to the payment of a grant.

Refusal to provide grant

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

to an applicant

(

a) who makes or has made a false or misleading statement in an

application under this Regulation or in any other document

required by the Minister or who furnishes or has furnished

the Minister or the Government of Alberta or the

information that, in the opinion of the Minister, materially

affects the applicant's eligibility to receive a grant under this

Regulation, or

(

b) if the Minister, in the Minister's sole discretion, considers it

appropriate to refuse to make the grant.

Repeal

13 The Grants, Donations and Loans Regulation (AR 315/83) is

repealed.

Expiry

14 For the purpose of ensuring that this Regulation is reviewed for

ongoing relevancy and necessity, with the option that it may be

repassed in its present or an amended form following a review, this

Regulation expires on April 30, 2018.

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Alberta Regulation 95/2009

Apprenticeship and Industry Training Act

APPEAL RULES AMENDMENT REGULATION

Filed: April 15, 2009

For information only: Made by the Minister of Advanced Education and Technology

on March 17, 2009 pursuant to

section 49 of the Apprenticeship and Industry Training

Act.

1 The Appeal Rules Regulation (AR 58/99) is amended by

this Regulation.

Section 2 is amended by adding the following after

subsection (2):

(3) Notwithstanding

section 43(

c) of the Act and this Regulation, a

refusal by the Executive Director on or after May 1, 2009 under

section 4 of the Tool and Die Maker Transition Regulation to

register a contract of apprenticeship is not subject to appeal.

Section 19 is amended by striking out "January 31, 2010"

and substituting "January 31, 2019".

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Alberta Regulation 96/2009

Apprenticeship and Industry Training Act

POWER LINEMAN TRADE AMENDMENT REGULATION

Filed: April 15, 2009

For information only: Made by the Alberta Apprenticeship and Industry Training

Board on February 6, 2009 pursuant to

section 33(2) of the Apprenticeship and

Industry Training Act and approved by the Minister of Advanced Education and

Technology on March 17, 2009 pursuant to

section 33(2) of the Apprenticeship and

Industry Training Act

1 The Power Lineman Trade Regulation (AR 296/2000) is

amended by this Regulation.

2 The title of the Regulation is amended by striking out

"POWER LINEMAN" and substituting "POWERLINE

TECHNICIAN".

Section 1(

e) is amended by striking out "power lineman"

and substituting "powerline technician".