Alberta Gazette — 31 May 2011 (Part II)
31 May 2011
Alberta — Gazette
Alberta Regulation 72/2011
Fuel Tax Act
FUEL TAX (MINISTERIAL) REGULATION
Filed: May 4, 2011
For information only: Made by the Minister of Finance and Enterprise
(M.O. 1/2011) on April 11, 2011 pursuant to
section 27(8) of the Fuel Tax Act.
1 For the purposes of
section 27(8) of the Fuel Tax Act, the amount
prescribed is $20.
--------------------------------
Alberta Regulation 73/2011
Workers' Compensation Act
FIREFIGHTERS' PRIMARY SITE CANCER AMENDMENT REGULATION
Filed: May 4, 2011
For information only: Made by the Lieutenant Governor in Council (O.C. 188/2011)
on May 4, 2011 pursuant to
section 24.1 of the Workers' Compensation Act.
1 The Firefighters' Primary Site Cancer Regulation
(AR 102/2003) is amended by this Regulation.
Section 2 is amended
(
a) by striking out "non-Hodgkins" and substituting
"non-Hodgkin's";
(
b) by adding the following after "A primary
non-Hodgkin's lymphoma 20 years":
A primary site prostate cancer 15 years
A primary site skin cancer 15 years
A primary site breast cancer 10 years
Multiple myeloma 15 years
Section 3 is repealed and the following is substituted:
Expiry
3 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 May 31, 2016.
--------------------------------
Alberta Regulation 74/2011
Marketing of Agricultural Products Act
POTATO GROWERS OF ALBERTA MARKETING
AMENDMENT REGULATION
Filed: May 6, 2011
For information only: Made by Potato Growers of Alberta on March 29, 2011 and
approved by the Agricultural Products Marketing Council on April 7, 2011 pursuant
section 26 of the Marketing of Agricultural Products Act.
1 The Potato Growers of Alberta Marketing Regulation
(AR 277/98) is amended by this Regulation.
Section 8 is amended
(
a) by repealing subsection (1)(
a) and substituting the
following:
(a) $22.00 per acre of potatoes sold for table use,
(
b) in subsection (2) by striking out "potatoes for table
use,";
(
c) by adding the following after subsection (2.1):
(2.11) With respect to potatoes for table use, a licensed
producer who sells or transfers those potatoes to a person other
than a dealer or processor must, within the time specified by
the Commission,
(
a) pay the appropriate service charge referred to in
subsection (1) to the Commission,
(
b) provide an accounting to the Commission for the
service charge in a manner prescribed by the
Commission, and
(
c) provide to the Commission any information that the
Commission requires respecting the production,
transfers, sale, marketing or processing of potatoes.
3 This Regulation comes into force on August 1, 2011.
--------------------------------
Alberta Regulation 75/2011
Fair Trading Act
HOME INSPECTION BUSINESS REGULATION
Filed: May 12, 2011
For information only: Made by the Minister of Service Alberta (M.O. SA:009/2011)
on May 12, 2011 pursuant to
section 105 of the Fair Trading Act.
Table of Contents
Definitions
Part 1
Licensing of Home Inspection Businesses and Home
Inspectors
Division 1
Licensing of Home Inspection Businesses
2 Licence
3 Term of licence
4 Fee for licence
5 Security
6 Insurance must be maintained
7 Prohibition
Division 2
Licensing of Home Inspectors
8 Licence
9 Application for home inspector licence
10 Continuing education
11 Term of licence
12 Fee for licence
13 Renewal of full home inspector licence
14 Employment of home inspector
15 Duty to produce licence
Division 3
General
16 General Licensing and Security Regulation applies
17 Representations
Part 2
Home Inspection
18 Home inspection
19 Home inspection contract
20 Contract to be signed
21 Contract to be provided to consumer
22 Prohibited wording
23 Home inspection report
24 Report to be provided to consumer
25 Compensation for damage
26 Prohibitions
Part 3
Offences and Unfair Practices
27 Offences
28 Unfair practices
Part 4
Expiry and Coming into Force
29 Expiry
30 Coming into force
Definitions
1 In this Regulation,
(a) "Act" means the Fair Trading Act;
(b) "dwelling" means a residential dwelling and includes a
garage or carport whether attached or not;
(c) "home inspection" means an opinion as to the condition of a
dwelling based primarily on a non-invasive examination of
readily accessible features and components of the dwelling;
(d) "home inspection business" means the business designated as
the home inspection business under the Designation of
Trades and Businesses Regulation (AR 178/99);
(e) "home inspection occupation" means the occupation
designated as the home inspection occupation under the
Designation of Trades and Businesses Regulation
(AR 178/99);
(f) "home inspector" means an individual who is employed or
otherwise engaged by one or more home inspection
businesses to conduct home inspections;
(g) "licensed home inspector" means a person who holds a
conditional home inspector licence or a full home inspector
licence;
(h) "licensee" means the holder of a licence.
Part 1
Licensing of Home Inspection
Businesses and Home Inspectors
Division 1
Licensing of Home Inspection Businesses
Licence
2(1) The class of licence to be known as the home inspection
business licence is established.
(2) A person who holds a home inspection business licence is
authorized to engage in the home inspection business.
Term of licence
3 The term of a home inspection business licence expires on the last
day of the 24th month after it is issued or renewed.
Fee for licence
4 The fee for a home inspection business licence is
(
a) in the case of a home inspection business having 3 or fewer
licensed home inspectors, $500,
(
b) in the case of a home inspection business having more than 3
but fewer than 10 licensed home inspectors, $700, and
(
c) in the case of a home inspection business having 10 or more
licensed home inspectors, $900.
Security
5 No home inspection business licence may be issued or renewed
unless the applicant submits to the Director
(
a) security that is in the form and in an amount approved by the
Director, and
(
b) proof that the applicant has errors and omission insurance
specifically in respect of the carrying on of the home
inspection business covering at least $1 000 000 per claim
and $2 000 000 aggregate for all claims within a one-year
period.
Insurance must be maintained
6(1) A home inspection business shall not carry on its business
without the insurance referred to in
section 5(b).
(2) A home inspection business shall immediately notify the Director
if it ceases to have the insurance referred to in
section 5(b).
Prohibition
7 A home inspection business shall not engage in the business of
home inspections under a business name that is different from the
name on the licence.
Division 2
Licensing of Home Inspectors
Licence
8(1) The class of licence to be known as the conditional home
inspector licence is established.
(2) The class of licence to be known as the full home inspector licence
is established.
(3) An individual who holds either class of home inspector licence is
authorized to engage in the home inspection occupation.
(4) An individual who holds either class of home inspector licence
shall conduct home inspections only for a licensed home inspection
business.
Application for home inspector licence
9(1) In this section,
(a) "approved" means approved by the Director;
(b) "Certified Master Inspector (CMI) designation" means a
Certified Master Inspector (CMI) designation granted by the
Master Inspector Certification Board, Inc.;
(c) "Registered Home Inspector (RHI) designation" means a
Registered Home Inspector (RHI) designation granted by the
Canadian Association of Home and Property Inspectors
(Alberta).
(2) A person who wishes to obtain a full home inspector licence must
submit to the Director proof satisfactory to the Director that the
applicant is employed or otherwise engaged by a licensed home
inspection business, and
(
a) has
(
i) obtained a degree, diploma or certificate in home
inspection from an approved educational institution, and
(ii) satisfactorily completed a test inspection of a dwelling
supervised by an approved educational institution or a
licensed home inspector holding a Certified Master
Inspector (CMI) designation or a Registered Home
Inspector (RHI) designation,
(
b) holds an approved home inspection designation or licence
from an approved industry association or regulatory body.
(3) A person who wishes to obtain a conditional home inspector
licence must submit to the Director proof satisfactory to the Director
that the applicant is employed or otherwise engaged by a licensed
home inspection business, and has completed, before the coming into
force of this Regulation,
(
a) at least 25 fee-paid home inspections, and
(
b) a test inspection of a dwelling supervised by an approved
educational institution or a licensed home inspector holding a
Certified Master Inspection (CMI) designation or a
Registered Home Inspector (RHI) designation,
and, in the opinion of the Director, has experience, knowledge and
ability that affords reasonable grounds to believe that the applicant will
be able to operate as a home inspector.
(4) The application and other information submitted under subsection
(2) or (3) must, on the request of the Director, be verified by affidavit
or in another manner that is satisfactory to the Director.
(5) A test inspection supervised by a person holding a Certified
Master Inspector (CMI) designation or a Registered Home Inspector
(RHI) designation before the coming into force of this Regulation
meets the requirements referred to in subsection (2)(a)(ii) and (3)(
b) even though the supervisor is not licensed.
Continuing education
10(1) The Director may require a licensed home inspector to take
additional training or courses, or both, in a program related to home
inspections.
(2) If the Director requires a licensed home inspector to take
additional training or courses pursuant to subsection (1), the Director
may require the home inspector to submit to the Director proof of the
home inspector's enrolment in and successful completion of the
training or courses.
Term of licence
11(1) The term of a home inspector licence expires
(
a) in the case of a conditional home inspector licence, March
31, 2013, and
(
b) in the case of a full home inspector licence, on the last day of
the 24th month after the licence is issued or renewed.
(2) Despite subsection (1)(a), in exceptional circumstances as
determined by the Director, the Director may renew a conditional
home inspector licence until March 31, 2014 if there is a reasonable
expectation that the applicant will be qualified for a full home
inspector licence by that date.
Fee for licence
12 There is no fee for either class of home inspector licence.
Renewal of full home inspector licence
13(1) This
section applies to the renewal of a full home inspector
licence.
(2) A home inspector may apply to renew his or her licence before its
expiry.
(3) A home inspector who ceases to be licensed for any reason, other
than as a result of a decision of the Director under
section 127 of the
Act, may apply to renew his or her licence within 2 years from the date
the home inspector ceases to be licensed.
(4) A home inspector who wishes to renew his or her licence must
submit to the Director proof satisfactory to the Director that the
applicant
(
a) has complied with
section 10, and
(
b) is employed or otherwise engaged by a licensed home
inspection business.
(5) A home inspector who obtained a licence as a result of meeting the
requirement set out in
section 9(2)(
b) who is applying to renew his or
her licence must continue to meet that requirement.
(6) An applicant referred to in subsection (2) must, in the opinion of
the Director, have the experience, knowledge and ability that affords
reasonable grounds to believe that the applicant will be able to operate
as a home inspector.
Employment of home inspector
14(1) If a home inspector becomes employed or otherwise engaged by
a home inspection business, the home inspection business shall, within
15 days, send the Director written notification of
(
a) the name of the home inspector, and
(
b) the date the home inspector became employed or otherwise
engaged by the home inspection business.
(2) If a home inspector ceases to be employed or otherwise engaged
by a home inspection business, the home inspection business shall,
within 15 days, send the Director written notification of
(
a) the name of the home inspector, and
(
b) the date the home inspector ceased to be employed or
otherwise engaged by the home inspection business.
Duty to produce licence
15 Every home inspector shall produce his or her home inspector
licence and a copy of the home inspection business licence for
inspection, or provide details about those licences, that make it
possible to determine if the person is licensed when requested to do so
(
a) a consumer or potential consumer,
(
b) the person whose home is being inspected,
(
c) an inspector or the Director, or
(
d) a peace officer as defined in the Provincial Offences
Procedure Act.
Division 3
General
General Licensing and Security Regulation applies
16 The General Licensing and Security Regulation (AR 187/99)
applies to the home inspection business and to the home inspector
occupation.
Representations
17(1) A licensee shall not make any representation, whether expressly
or implied, that being licensed under this Regulation constitutes an
endorsement or approval of the licensee by the Government of Alberta.
(2) Subsection (1) does not preclude a licensee from representing that
the licensee is licensed under this Regulation.
Part 2
Home Inspection
Home inspection
18 A home inspection business shall ensure that a home inspection is
conducted only by a licensed home inspector.
Home inspection contract
19 A home inspection business shall ensure that every home
inspection contract
(
a) is in writing,
(
b) is legible, and
(
c) includes the following:
(
i) the consumer's name and address;
(ii) the home inspection business's name and licence
number, business address, including street address,
telephone number and, if applicable, fax number and
e-mail address;
(iii) the name and licence number of the home inspector
conducting the inspection;
(iv) the date of the contract;
(
v) the date on which the home inspection is to occur;
(vi) the date the completed home inspection report is to be
provided to the consumer;
(vii) the address of the dwelling to be inspected;
(viii) if the contract does not include an inspection of any of
the following features or components of the dwelling, a
statement, to be initialled by the consumer, indicating
that fact:
(
A) roofing, flashings or chimney;
(
B) exterior, including lot gradings, walkways,
driveways, retaining walls, patios and decks;
(
C) structure;
(
D) electrical;
(
E) heating;
(
F) heat pumps and cooling;
(
G) insulation;
(
H) plumbing;
(
I) interior;
(ix) if the contract does not include an inspection of mould
or asbestos, a statement, to be initialled by the
consumer, indicating that fact;
(
x) a statement that unless expressly stated in the contract,
the contract does not include an inspection of any
outbuildings or other structures not attached to the
dwelling other than a garage or carport;
(xi) a statement that the inspection will be non-invasive
unless the parties agree to specified invasive
procedures;
(xii) if all or any part of the home inspection is to be
subcontracted to another home inspection business, the
name and licence number of that home inspection
business and a statement, to be initialled by the
consumer, indicating that fact.
Contract to be signed
20 A home inspection business shall ensure that before a home
inspection occurs,
(
a) the home inspection contract is signed by the home
inspection business and by the consumer, and
(
b) the name of each signatory to the contract is printed legibly
beside or below the signature.
Contract to be provided to consumer
21 The home inspection business shall provide the consumer with a
copy of the signed home inspection contract at the time the contract is
signed.
Prohibited wording
22 A home inspection business shall not include a clause in a home
inspection contract or home inspection report that
(
a) limits the liability, or the amount of liability, of the home
inspection business or the home inspector for breach of
contract or negligence, or
(
b) limits the time for making any claim against the home
inspection business or home inspector.
Home inspection report
23(1) A home inspection business shall ensure that every home
inspection report
(
a) is in writing,
(
b) is legible,
(
c) addresses the condition of the following features or
components of the dwelling, except for those that have been
excluded by the home inspection contract under
section 19:
(
i) roofing, flashings or chimney;
(ii) exterior, including lot gradings, walkways, driveways,
retaining walls, patios and decks;
(iii) structure;
(iv) electrical;
(
v) heating;
(vi) heat pumps and cooling;
(vii) insulation;
(viii) plumbing;
(ix) interior,
and
(
d) makes recommendations on any identified deficiencies for
each of the features or components referred to in clause (
c) that are included in the inspection, and anything else that is
made part of the inspection.
(2) A recommendation to obtain an expert opinion meets the
requirements of a recommendation under subsection (1)(d).
Report to be provided to consumer
24 A home inspection business shall provide a copy of the completed
home inspection report to the consumer on or before the date set out in
the home inspection contract.
Compensation for damage
25 A home inspection business shall compensate the owner or
occupant of a dwelling for any damage caused by a home inspection of
the dwelling unless
(
a) the damage was reasonable and necessary to perform the
home inspection, and
(
b) the owner of the property consented in writing to the damage
to be caused by the home inspection.
Prohibitions
26(1) Neither a home inspection business nor a home inspector shall
disclose the contents of a home inspection report, except
(
a) with the written permission of the consumer,
(
b) as required by law, or
(
c) if, in the opinion of the home inspector, there is a serious
health or safety risk.
(2) A home inspection business shall not enter into a home inspection
contract if the home inspection would result in a conflict of interest for
the home inspection business or a home inspector employed or
otherwise engaged by the home inspection business.
(3) A conflict of interest under subsection (2) includes a payment from
a person other than the person for whom the home inspection report is
to be prepared.
(4) A home inspector shall not conduct a home inspection if the home
inspection would result in a conflict of interest for the home inspector.
(5) A conflict of interest under subsection (4) includes a payment for a
home inspection from a person other than the home inspection
business.
(6) Neither a home inspector nor a home inspection business shall
provide a consumer with an estimate of the cost of any repair or
improvement to a dwelling as a result of a home inspection.
Part 3
Offences and Unfair Practices
Offences
27 A contravention of
section 6, 7, 8(4), 14, 15, 17, 18, 19, 20, 21,
22, 23, 24, 25 or 26 is an offence for the purposes of
section 162 of the
Act.
Unfair practices
28 A contravention of
section 18, 19, 20, 21, 22, 23, 24, 25 or 26 is
an unfair practice for the purposes of
section 5(
d) of the Act.
Part 4
Expiry and Coming into Force
Expiry
29 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be
repassed in its present or an amended form following a review, this
Regulation expires on August 31, 2016.
Coming into force
30 This Regulation comes into force on September 1, 2011.
Alberta Regulation 76/2011
Government Organization Act
ELEVATING DEVICES, PASSENGER ROPEWAYS AND AMUSEMENT
RIDES ADMINISTRATION REGULATION
Filed: May 12, 2011
For information only: Made by the Lieutenant Governor in Council (O.C. 190/2011)
on May 12, 2011 pursuant to
section 2,
Schedule 10 of the Government Organization
Act.
Table of Contents
Definitions
2 Delegation
3 Authorization to assess and collect
4 Conditions
5 Agency delegation
6 Agency conditions
7 Limiting legal liability
8 Appeals
9 Records
10 Reporting
11 Repeal
12 Expiry
Definitions
1 In this Regulation,
(a) "acceptance inspection" has the meaning given to it in the
Elevating Devices, Passenger Ropeways and Amusement
Rides Permit Regulation (AR 286/2002);
(a.1) "Act" means the Government Organization Act;
(b) "Administration Agreement" means a written agreement
made between the Minister and the Association entitled
Administration Agreement;
(c) "Administrator" means an Administrator as defined in the
Safety Codes Act;
(d) "amusement ride" means an amusement ride within the
meaning of the most recent CSA code declared in force under
the Safety Codes Act;
(e) "Association" means the Alberta Elevating Devices and
Amusement Rides Safety Association incorporated under the
Societies Act;
(f) "Authorized Agency" means an organization listed in the
Schedule to the Authorized Accredited Agencies Regulation
(AR 184/95) that has
(
i) entered into a contract with an owner of an elevating
device or the Association, and
(ii) entered into an Authorization Agreement;
(g) "Authorization Agreement" means a written agreement made
between the Minister and an organization listed in the
Schedule to the Authorized Accredited Agencies Regulation
(AR 184/95);
(h) "elevating device" means an elevating device within the
meaning of the most recent of the following CSA codes
declared in force under the Safety Codes Act:
(
i) CSA code B355;
(ii) CSA code B311;
(iii) CSA code B44;
(iv) CSA code Z185;
(i) "Freedom of Information Coordinator" means an employee
of the Government designated by the Deputy Minister as a
Freedom of Information Coordinator;
(k) "Minister" means the Minister designated with the
responsibility for the administration of the Safety Codes Act
and "Deputy Minister" means the deputy of that Minister;
(l) "passenger ropeway" means a passenger ropeway within the
meaning of the most recent CSA code declared in force under
the Safety Codes Act;
(m) "permit" includes a certificate of construction permit, a
certificate of alteration permit and a certificate of operation
permit under the Elevating Devices, Passenger Ropeways
and Amusement Rides Permit Regulation (AR 286/2002);
(n) "rules" means rules made by the Association under
section 3
of
Schedule 10 of the Act;
(o) "safety codes officer" means a safety codes officer as defined
in the Safety Codes Act;
(p) "safety inspection report" means a report prepared by a
designated safety codes officer employed by
(
i) an authorized accredited agency that has been
authorized to carry out safety inspection reports for
elevating devices, passenger ropeways and amusement
rides, or
(ii) the Alberta Elevating Devices and Amusement Rides
Safety Association.
Delegation
2(1) The powers, duties and functions of
(
a) a safety codes officer under the Elevating Devices, Passenger
Ropeways and Amusement Rides Permit Regulation
(AR 286/2002), and
(
b) a safety codes officer under sections 34, 35, 38, 44, 46, 48,
49, 56(1) of the Safety Codes Act in respect of elevating
devices, passenger ropeways and amusement rides,
are delegated to the Association.
(2) The powers, duties and functions of an Administrator under
section 40 of the Safety Codes Act for the purposes of registering
designs in respect of elevating devices, passenger ropeways and
amusement rides are delegated to the Association.
(3) The Association is authorized, with the consent of the Minister, to
provide advice to the Minister on the powers, duties and functions
delegated under this Regulation.
Authorization to assess and collect
3 The Association is authorized
(
a) to impose assessments, fees and charges with the approval of
the Minister, and
(
b) to collect money from the levy of the assessments, fees and
charges, with respect to the powers, duties and functions
delegated to it under this Regulation, on persons who apply
for or are provided with services, materials or programs,
including, but not limited to, providing information, issuing a
permit, certificate or other thing or on notifying, filing with
or registering any thing with the Association.
Conditions
4(1) The delegation of powers, duties and functions under
section 2 is
subject to the following conditions:
(
a) the Association must exercise its powers and authorizations
and perform the duties and functions delegated to it by this
Regulation in accordance with the Administration
Agreement;
(
b) the Association must comply with this Regulation;
(
c) subject to
section 63 of the Safety Codes Act, the Association,
its directors, officers, employees and agents must preserve
confidentiality with respect to information and documents
that come to their knowledge in the course of carrying out
their powers, duties and functions under this Regulation;
(
d) a request for access to information under the Freedom of
Information and Protection of Privacy Act made to the
Association must be directed to the Freedom of Information
Coordinator, and the Association must respond to the request
as directed by the Coordinator;
(
e) the Association must designate a person to be responsible for
freedom of information matters and matters related to records
management;
(
f) all computer software and systems used or developed by the
Association, the information on them and any thing
generated or capable of generation by them for carrying out
its powers, duties and functions under this Regulation or the
Administration Agreement is owned by the Government of
Alberta.
(2) All money received by the Association under the authority of this
Regulation must be recorded and accounted for in accordance with
generally accepted accounting principles and receipts for the money
received must be provided on the request of the person paying the
money.
(3) The Association is authorized to use the money collected by it
under this Regulation to pay costs incurred in carrying out its powers,
duties and functions under this Regulation.
Agency delegation
5 The powers, duties and functions of a safety codes officer under
sections 34, 35, 38, 49 and 56(1) of the Safety Codes Act with respect
to elevating devices are delegated to the Authorized Agencies.
Agency conditions
6 The delegation under
section 5 is subject to the following
conditions:
(
a) Authorized Agencies must comply with this Regulation;
(
b) Authorized Agencies may exercise their delegated powers
and perform their delegated duties and functions only when
working pursuant to a contract with the Minister.
Limiting legal liability
7(1) No action lies against the Association or against all or any of its
directors, officers, agents or employees for anything done or not done
by any of them in good faith while carrying out their powers, duties
and functions under this Regulation.
(2) The Association and its directors, officers, employees and agents
are not liable for any damage caused by a decision related to the
system of inspections, examinations, evaluations and investigations,
including, but not limited to, a decision relating to their frequency and
how they are carried out.
(3) If the Association engages the services of an accredited agency to
carry out its powers, duties and functions under this Regulation, the
Association is not liable for any negligence or nuisance by the
accredited agency that causes injury, loss or damage to any person or
property.
Appeals
8(1) Pursuant to
section 2(1)(
e) of
Schedule 10 of the Act, a person
affected by an action taken or a decision made by
(
a) the Association or its agents, directors, officers or employees,
(
b) an Authorized Agency, its directors, officers, agents or
employees
respecting a matter related to this Regulation or the Administration
Agreement may appeal the action or decision, in writing, to the
Minister if the matter is not governed by
section 50 of the Safety Codes
Act.
(2) The Minister may decide whether to hear an appeal under
subsection (1).
(3) On hearing an appeal, the Minister may confirm, vary or revoke
the action or decision that is the subject-matter of the appeal.
(4) A decision made by the Minister with respect to an appeal under
this
section is final.
Records
9(1) All records in the custody or under the control of the Association
that are required in the carrying out of its powers, duties and functions
under this Regulation must be managed, maintained and destroyed in
accordance with subsection (2) and
(
a) the Records Management Regulation (AR 224/01), or
(
b) a regulation that replaces the Records Management
Regulation (AR 224/01).
(2) The following conditions apply to the records described in
subsection (1):
(
a) records must be managed under the direction of a senior
records officer to whom a deputy head, as defined in the
Records Management Regulation (AR 224/01), has assigned
powers and duties under that Regulation;
(
b) the Association must designate a person to be responsible for
records management and matters related to protection of
privacy;
(
c) subject to
section 63 of the Safety Codes Act, the Association
and its directors, officers and employees must preserve
confidentiality with respect to information and documents
that come to their knowledge in the course of carrying out
their powers, duties and functions under this Regulation;
(
d) all records created or maintained in the course of carrying out
the powers, duties and functions under this Regulation
become and remain the property of the Crown in right of
Alberta;
(
e) the Association must establish appropriate rules and make
reasonable security arrangements in accordance with
Part 2
of the Freedom of Information and Protection of Privacy Act
to preserve the confidentiality of information against such
risks as unauthorized access, collection, use, disclosure or
disposal;
(
f) the Association must provide any records required in
accordance with the Freedom of Information and Protection
of Privacy Act to the Freedom of Information Coordinator
within the time period set out in the Administration
Agreement.
(3) The Association must maintain records with respect to elevators,
amusement rides and passenger ropeways that include the following:
(
a) the receiving of applications for permits;
(
b) the issuance of permits;
(
d) the expiry of permits;
(
e) the suspension of permits;
(
f) the cancellation of permits;
(
g) notifications of permit renewals;
(
h) renewals of permits;
(
i) accidents and incidents of unsafe conditions;
(
j) notification of the requirement for safety inspection reports;
(
k) safety inspection reports;
(
l) acceptance inspection reports;
(
m) identification numbers issued by a safety codes officer;
(
n) applications for acceptance inspections under
section 5(1) of
the Elevating Devices, Passenger Ropeways and Amusement
Rides Permit Regulation (AR 286/2002);
(
o) acceptance inspections made under
section 5(1) of the
Elevating Devices, Passenger Ropeways and Amusement
Rides Permit Regulation (AR 286/2002);
(
p) the itinerary of amusement rides pursuant to
section 7(4) of
the Elevating Devices, Passenger Ropeways and Amusement
Rides Permit Regulation (AR 286/2002);
(
r) the receiving of fees for any service provided pursuant to this
Regulation;
(
s) the issuance of orders;
(
t) appeals made under this Regulation;
(
u) any other matter related to elevators, amusement rides or
passenger ropeways that is requested by the Minister.
Reporting
10 The Association must report on its activities to the Minister at
least once a year, at a time and in a manner specified by the Minister as
set out in the Administration Agreement and in accordance with
section 10 of
Schedule 10 of the Act.
Repeal
11 The Elevating Devices, Passenger Ropeways and Amusement
Rides Administration Regulation (AR 72/2001) is repealed.
Expiry
12 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, 2012.
--------------------------------
Alberta Regulation 77/2011
Fair Trading Act
DESIGNATION OF TRADES AND BUSINESSES
AMENDMENT REGULATION
Filed: May 12, 2011
For information only: Made by the Lieutenant Governor in Council (O.C. 194/2011)
on May 12, 2011 pursuant to
section 103 of the Fair Trading Act.
1 The Designation of Trades and Businesses Regulation
(AR 178/99) is amended by this Regulation.
2 The following is added after
section 6.1:
Home inspection business and occupation
6.2(1)
Part 10 of the Fair Trading Act applies to
(
a) the home inspection business, and
(
b) the home inspection occupation.
(2) In this section,
(a) "dwelling" means a residential dwelling and includes a
garage or carport whether attached or not;
(b) "home inspection" means an opinion as to the condition of a
dwelling based primarily on a non-invasive examination of
readily accessible features and components of the dwelling;
(c) "home inspection business" means the activity of providing
home inspection services to consumers;
(d) "home inspection occupation" means the occupation of
performing home inspections.
(3) For the purposes of this section, the home inspection business
and the home inspection occupation do not include
(
a) the inspection of the common areas of a condominium
property,
(
b) the inspection of a dwelling to be used for commercial or
business purposes, including its use as a rental property,
(
c) the inspection of a dwelling that is conducted
(
i) by a person participating in a home inspection training
course offered by an educational institution approved by
the Director if
(
A) the consideration, if any, for the home inspection is
paid to the educational institution, and
(
B) no remuneration is paid to the person participating
in the home inspection training course,
(ii) by a person as part of a test home inspection supervised
by an educational institution approved by the Director if
(
A) the consideration, if any, for the home inspection is
paid to the educational institution, and
(
B) no remuneration is paid to the person conducting
the home inspection,
(iii) by a person as part of a test home inspection supervised
by a licensed home inspector holding a Certified Master
Inspector (CMI) designation granted by the Master
Inspector Certification Board, Inc. if
(
A) the consideration, if any, for the home inspection is
paid to the Certified Master Inspector (CMI), and
(
B) no remuneration is paid to the person conducting
the home inspection,
(iv) by a person as part of a test home inspection supervised
by a licensed home inspector holding a Registered
Home Inspector (RHI) designation granted by the
Canadian Association of Home and Property Inspectors
(Alberta) if
(
A) the consideration, if any, for the home inspection is
paid to the Registered Home Inspector (RHI), and
(
B) no remuneration is paid to the person conducting
the home inspection,
(
d) the inspection of a dwelling by a safety codes officer
pursuant to the Safety Codes Act, and
(
e) the inspection of a dwelling for purposes of constructing,
altering, maintaining, repairing or improving the dwelling.
3 This Regulation comes into force on September 1, 2011.
--------------------------------
Alberta Regulation 78/2011
Employment Standards Code
EMPLOYMENT STANDARDS AMENDMENT REGULATION
Filed: May 12, 2011
For information only: Made by the Lieutenant Governor in Council (O.C. 196/2011)
on May 12, 2011 pursuant to
section 138 of the Employment Standards Code.
1 The Employment Standards Regulation (AR 14/97) is
amended by this Regulation.
Section 66 is amended by striking out "June 30, 2011" and
substituting "June 30, 2013".
Alberta Regulation 79/2011
Insurance Act
PROVINCIAL COMPANIES AMENDMENT REGULATION
Filed: May 12, 2011
For information only: Made by the Lieutenant Governor in Council (O.C. 199/2011)
on May 12, 2011 pursuant to
section 123 of the Insurance Act.
1 The Provincial Companies Regulation (AR 124/2001) is
amended by this Regulation.
Part 1 is amended
(
a) in the heading by adding "Security Interests and"
before "Debt Obligations";
(
b) by adding the following before
section 1.01:
Prescribed matters under
section 113 of the Act
1.001 For the purposes of
section 113(2)(
c) of the Act, the
prescribed amount is the amount that is equal to 2% of the
total assets of the provincial company.
--------------------------------
Alberta Regulation 80/2011
Alberta Health Care Insurance Act
OUT-OF-COUNTRY HEALTH SERVICES AMENDMENT REGULATION
Filed: May 12, 2011
For information only: Made by the Lieutenant Governor in Council (O.C. 207/2011)
on May 12, 2011 pursuant to
section 16 of the Alberta Health Care Insurance Act.
1 The Out-of-Country Health Services Regulation
(AR 78/2006) is amended by this Regulation.
Section 2 is amended
(
a) in subsection (1) by striking out "Subject to subsection
(2), a resident of Alberta may apply to" and substituting
"Subject to subsections (2) and (3), an application may be
made to";
(
b) in subsection (3)
(
i) in clause (
b) by striking out "section 7(1)(c)" and
substituting "section 7(1)(b)";
(ii) by repealing clause (
c) and substituting the
following:
(
c) be made on the resident's behalf by
(
i) a physician registered under the Health
Professions Act, if the services are insured
medical services referred to in the Medical
Benefits Regulation (AR 84/2006) or insured
hospital services, or
(ii) a dentist registered under the Health
Professions Act, if the insured services are
oral and maxillofacial surgery services
referred to in the Oral and Maxillofacial
Surgery Benefits Regulation (AR 86/2006).
(
c) by repealing subsection (4).
Section 7(1) is repealed and the following is substituted:
Screening of application
7(1) When an application under
section 2 is received by the
OOCHSC, the Chair shall conduct an initial screening of the
application to ensure that the application
(
a) is made by a person referred to in
section 2, and
(
b) contains any other information, including health information,
that the Chair considers to be required for the proper review
by the OOCHSC.
Section 8(5) is amended by repealing clauses (
a) and (
b) and substituting the following:
(
a) a written copy of its decision with reasons to the Minister, the
resident and the physician or dentist who made the
application on the resident's behalf, and
(
b) notice of the right to appeal the decision to the resident and
the physician or dentist who made the application on the
resident's behalf.
Section 10 is amended by striking out "or the person making
the application on the resident's behalf under
section 2" and
substituting "or a physician or dentist acting on the resident's
behalf".
Section 13 is amended
(
a) in subsection (1) by striking out "the applicant's
application" and substituting "the application";
(
b) by repealing subsection (2) and substituting the
following:
(2) In reviewing the OOCHSC's decision, the Appeal Panel
shall review only the written decision and reasons and the
matters before the OOCHSC, and shall not review any new
evidence.
(
c) by repealing subsection (6) and substituting the
following:
(6) The Appeal Panel shall, within 20 days of making a decision
under this section, excluding Saturdays, Sundays and holidays,
send a copy of its decision with reasons to
(
a) the Minister,
(
b) each member of the OOCHSC,
(
c) the resident, and
(
d) if the notice of appeal was submitted by a physician or
dentist on the resident's behalf, to that physician or
dentist.
7 The following is added after
section 13:
Transitional
13.1 Where
(
a) a person has
(
i) made an application to the OOCHSC, or
(ii) submitted a notice of appeal to the Appeal Panel,
and a decision has not been rendered respecting the
application or notice of appeal on the coming into force of
this section, or
(
b) the time for submitting a notice of appeal has not expired on
the coming into force of this section,
the application or appeal, if any, must be dealt with or continue to be
dealt with in accordance with this Regulation as it read immediately
before August 1, 2011.
8 This Regulation comes into force on August 1, 2011.
--------------------------------
Alberta Regulation 81/2011
Marketing of Agricultural Products Act
ALBERTA BEEKEEPERS AUTHORIZATION AMENDMENT REGULATION
Filed: May 13, 2011
For information only: Made by the Alberta Agricultural Products Marketing Council
on March 7, 2011 and approved by the Minister of Agriculture and Rural
Development on May 10, 2011 pursuant to
section 26 of the Marketing of
Agricultural Products Act.
1 The Alberta Beekeepers Authorization Regulation
(AR 72/2006) is amended by this Regulation.
2 The title of the regulation is amended by striking out
"ALBERTA BEEKEEPERS" and substituting "BEEKEEPERS
COMMISSION OF ALBERTA".
Section 1(1) is amended
(
a) in clause (
b) by striking out "Alberta Beekeepers" and
substituting "Beekeepers Commission of Alberta";
(
b) in clause (
c) by striking out "Alberta Beekeepers" and
substituting "Beekeepers Commission of Alberta".
Section 3 is amended by striking out "May 31, 2011" and
substituting "May 31, 2016".
Alberta Regulation 82/2011
Marketing of Agricultural Products Act
ALBERTA PEACE REGION FORAGE SEED GROWERS
AUTHORIZATION AMENDMENT REGULATION
Filed: May 13, 2011
For information only: Made by the Alberta Agricultural Products Marketing Council
on March 7, 2011 and approved by the Minister of Agriculture and Rural
Development on May 10, 2011 pursuant to
section 26 of the Marketing of
Agricultural Products Act.
1 The Alberta Peace Region Forage Seed Growers
Authorization Regulation (AR 112/2004) is amended by this
Regulation.
Section 3 is amended by striking out "May 31, 2011" and
substituting "May 31, 2016".
--------------------------------
Alberta Regulation 83/2011
Marketing of Agricultural Products Act
ALBERTA PEACE REGION FORAGE SEED GROWERS
MARKETING AMENDMENT REGULATION
Filed: May 13, 2011
For information only: Made by the Alberta Peace Region Forage Seed Growers on
March 25, 2011 and approved by the Agricultural Products Marketing Council on
April 7, 2011 pursuant to
section 26 of the Marketing of Agricultural Products Act.
1 The Alberta Peace Region Forage Seed Growers
Marketing Regulation (AR 117/2004) is amended by this
Regulation.
2 The title of the Regulation is repealed and the following
is substituted:
ALBERTA PEACE REGION FORAGE SEED
GROWERS REGULATION
3 The following is added after
section 4:
Deduction and collection of service charge
4.1(1) Any person who receives proceeds on behalf of a producer
with respect to the sale by the producer of regulated product must
deduct from the proceeds payable to or on behalf of the producer the
amount of the service charge.
(2) Any person who collects a service charge must pay the amount
of the service charge to the Commission.
Section 10 is amended by striking out "May 31, 2011" and
substituting "May 31, 2016".