Alberta Gazette — 31 March 2012 (Part II)
31 March 2012
Alberta — Gazette
Alberta Regulation 42/2012
Livestock and Livestock Products Act
PURCHASE AND SALE OF EGGS AND PROCESSED EGG
AMENDMENT REGULATION
Filed: March 7, 2012
For information only: Made by the Minister of Agriculture and Rural Development
(M.O. 4/2012) on February 23, 2012 pursuant to
section 1 of the Livestock and
Livestock Products Act.
1 The Purchase and Sale of Eggs and Processed Egg
Regulation (AR 23/2004) is amended by this Regulation.
Section 1 is amended
(
a) in clause (
b) by adding "or receives donated" after
"buys";
(
b) by adding the following after clause (d):
(d.1) "donate" means the giving of eggs to a person without
the exchange of or expectation of any form of
compensation in return;
Section 4(1) is amended by adding "donate, or offer to
donate," after "sell,".
4 The following is added after
section 4:
Destruction of eggs
4.1 The Director may order the destruction of eggs that in the
Director's opinion have been exposed to Salmonella enteritidis or
any other harmful bacteria or virus or that is otherwise not suitable
for human consumption.
Section 13(1) is amended by striking out "section 35(7)"
and substituting "section 4".
Alberta Regulation 43/2012
Fair Trading Act
DESIGNATION OF TRADES AND BUSINESSES
AMENDMENT REGULATION
Filed: March 7, 2012
For information only: Made by the Lieutenant Governor in Council (O.C. 083/2012)
on March 7, 2012 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.
Section 4 is amended
(
a) by repealing subsection (2) and substituting the
following:
(2) In this section, "employment agency business" means any
of the following activities:
(
a) securing or attempting to secure individuals in Alberta
for employment;
(
b) securing or attempting to secure employment in Alberta
for individuals;
(
c) evaluating or testing an individual, or arranging for an
individual to be evaluated or tested, for skills or
knowledge required for employment by an employer
where the individual or the employment is located in
Alberta;
(
d) any activities specified under the Employment Agency
Business Licensing Regulation as activities that
constitute engaging in the employment agency business.
(
b) by repealing subsection (3)(
a) and substituting the
following:
(
a) the activities of a school licensed under the Private
Vocational Training Act with respect to securing or
attempting to secure employment for students or
graduates of the school,
(a.1) the activities of a
(
i) public post-secondary institution, or
(ii) publicly funded private college,
as defined in the Post-secondary Learning Act, with
respect to securing or attempting to secure employment
for students of the public post-secondary institution or
publicly funded private college,
(a.2) the activities of an organization that is funded by
government to assist individuals in securing
employment,
(a.3) the activities of an employer with respect to securing or
attempting to secure employees or evaluating or testing
potential employees for skills or knowledge required for
employment by the employer,
(a.4) the activities of an industry association with respect to
securing or attempting to secure employees for its
members, or evaluating or testing potential employees
for skills or knowledge required for employment by its
members, if
(
i) the Minister has designated the industry
association as an industry association to which this
clause applies, and
(ii) no fee, reward or other compensation is directly or
indirectly demanded or collected from the
employees or potential employees or from another
person on behalf of the employees or potential
employees,
(a.5) the activities of a board or commission established
under the Marketing of Agricultural Products Act with
respect to securing or attempting to secure employees
for producers under the plan administered by the board
or commission under that Act, or evaluating or testing
potential employees for skills or knowledge required for
employment by producers under that plan, if no fee,
reward or compensation is directly or indirectly
demanded or collected from the employees or potential
employees or from another person on behalf of the
employees or potential employees,
3 This Regulation comes into force on September 1, 2012.
Alberta Regulation 44/2012
Corrections Act
DESIGNATED CORRECTIONAL INSTITUTIONS AMENDMENT ORDER
Filed: March 8, 2012
For information only: Made by the Solicitor General and Minister of Public Security
(M.O. 01/2012) on February 29, 2012 pursuant to
section 6(2) of the Corrections Act.
1 The Designated Correctional Institutions Order
(AR 252/99) is amended by this Regulation.
Section 1(
h) is repealed.
3 This Regulation comes into force on April 1, 2012.
--------------------------------
Alberta Regulation 45/2012
Fair Trading Act
EMPLOYMENT AGENCY BUSINESS LICENSING REGULATION
Filed: March 8, 2012
For information only: Made by the Minister of Service Alberta (M.O. SA:005/2012)
on February 29, 2012 pursuant to sections 105(1) and 139 of the Fair Trading Act.
Table of Contents
Definitions
2 Employment agency business licences
3 Licence fee
4 Term
5 General Licensing and Security Regulation applies
6 Security
7 Operating names
8 List of agents
9 Records
10 Agreements
11 Offer of employment
12 Fee prohibition
13 Unfair practices
14 Strikes and lockouts
15 Prohibited representation
16 Offences
17 Transitional
18 Consequential amendment
19 Repeal
20 Expiry
21 Coming into force
Schedule
Definitions
1 In this Regulation,
(a) "Act" means the Fair Trading Act;
(b) "employment agency business" means the business
designated as the employment agency business under the
Designation of Trades and Businesses Regulation
(AR 178/99);
(c) "employment agency business operator" means a person who
is engaged in the employment agency business, and includes
any employee, representative or agent of the person;
(d) "employment agency business service" means an activity that
constitutes the employment agency business;
(e) "licence" means an employment agency business licence
(
i) in a class of licence established by
section 2, or
(ii) continued by
section 17;
(f) "person seeking employment" means
(
i) an individual for whom an employment agency business
operator secures or attempts to secure employment, or
(ii) an individual who is evaluated or tested for skills or
knowledge required for employment by an employer,
where
(
A) an employment agency business operator carries
out the evaluation or testing or arranges for the
evaluation or testing to be carried out, and
(
B) the individual or the employment is in Alberta.
Employment agency business licences
2(1) The following classes of employment agency business licence are
established:
(
a) national employment agency business licence;
(
b) international employment agency business licence.
(2) A national employment agency business licence authorizes the
licensee to engage in the employment agency business with respect to
(
a) individuals in Alberta who are seeking or are being sought
for employment in Alberta or another jurisdiction, or
(
b) individuals in a jurisdiction in Canada, other than Alberta,
who are seeking or are being sought for employment in
Alberta.
(3) An international employment agency business licence authorizes
the licensee to engage in the employment agency business with respect
to individuals in jurisdictions outside Canada who are seeking or are
being sought for employment in Alberta.
(4) A licensee may hold a licence in more than one class of licence.
(5) No licensee shall engage in the employment agency business with
respect to individuals referred to in subsection (2) or (3) unless the
licensee holds a licence in the class of licence authorizing the licensee
to engage in the employment agency business with respect to those
individuals.
Licence fee
3 The fee for a licence or to renew a licence is $120.
Term
4 A licence expires on the last day of the 24th month after it is issued
or renewed.
General Licensing and Security Regulation applies
5 The General Licensing and Security Regulation (AR 187/99)
applies to the employment agency business.
Security
6(1) The Director may, if the Director considers it appropriate,
require an applicant for a licence or the renewal of a licence to submit
to the Director a security that is in a form and in an amount approved
by the Director.
(2) The Director may, if the Director considers it appropriate,
increase the amount of the security that is to be provided by a licensee
before the term of the licence expires.
Operating names
7 A licensee shall use a name set out in its licence in carrying on or
engaging in the employment agency business.
List of agents
8(1) A licensee shall submit to the Director the name of any person,
whether in Alberta or a jurisdiction outside Alberta, that the licensee
intends to authorize to act as the licensee's agent in the employment
agency business.
(2) A licensee shall not authorize a person to act as the licensee's
agent unless the person's name has been submitted to the Director
under subsection (1).
Records
9(1) In addition to the records required to be kept under
section
132(1) of the Act and under
section 9 of the General Licensing and
Security Regulation (AR 187/99), every licensee must create and
maintain the following records:
(
a) each agreement entered into with an employer that retains the
licensee for the purpose of
(
i) seeking employees, or
(ii) evaluating or testing individuals for skills or knowledge
required for employment;
(
b) the name, phone number and postal address, and e-mail
address, if any, of every employer for whom the licensee
(
i) secures employees, or
(ii) evaluates or tests individuals, or arranges for individuals
to be evaluated or tested, for skills or knowledge
required for employment;
(
c) each agreement entered into with a person seeking
employment including, without limitation, any agreement
referred to in
section 10(1) or 12(2)(a);
(
d) the name, phone number and postal address, and e-mail
address, if any, of every individual
(
i) for whom employment is secured, or
(ii) who is evaluated or tested for skills or knowledge
required by an employer;
(
e) copies of all applications to governments or government
agencies respecting a person seeking employment in respect
of which the licensee receives any fee, reward or
compensation, and copies of all decisions received from
governments or government agencies in respect of those
applications;
(
f) copies of all correspondence sent to or received from
employers or persons seeking employment, including,
without limitation, notices under
section 11.
(2) A licensee and a former licensee shall maintain the records
referred to in subsection (1) for at least 3 years after the records are
created or received.
Agreements
10(1) An employment agency business operator shall enter into an
agreement that meets the requirements of subsection (3) with an
individual before
(
a) securing employment for the individual, or
(
b) evaluating or testing the individual, or arranging for the
individual to be evaluated or tested, for skills or knowledge
required for employment, where the individual or the
employment is in Alberta.
(2) An employment agency business operator shall enter into an
agreement that meets the requirements of subsection (3) with an
employer before securing an employee for the employer.
(3) An employment agency business operator shall ensure that any
agreement entered into by the employment agency business operator in
accordance with subsection (1) or (2)
(
a) is in writing and is signed by the parties to the agreement,
(
b) sets out the services that are to be provided by the
employment agency business operator under the agreement,
(
c) sets out the respective responsibilities under the agreement of
the employment agency business operator and the other
parties to the agreement,
(
d) includes a phone number and postal address, and e-mail
address, if any, for the employment agency business operator
and any agent that may act on behalf of the employment
agency business operator under the agreement, and
(
e) contains the statement set out in the
Schedule respecting
prohibited fees, in not less than 12-point bold face type.
(4) If the statement respecting prohibited fees referred to in subsection
(3)(
e) is not printed on the front of the agreement, the employment
agency business operator shall ensure that a notice is printed on the
front of the agreement, in not less than 12-point bold face type,
indicating where in the agreement the statement respecting prohibited
fees is printed.
(5) An employment agency business operator shall give a copy of an
agreement entered into with an individual referred to in subsection
(1) to the individual when the individual signs the agreement.
Offer of employment
11(1) Where an employment agency business operator communicates
an offer of employment to an individual or co-ordinates or arranges the
communication of an offer of employment to an individual, the
employment agency business operator shall give the individual a
written notice that includes the following information:
(
a) the job description;
(
b) the terms of employment, if known;
(
c) the phone number and postal address, and e-mail address, if
any, of the employer.
(2) Subsection (1) does not apply if the employer has communicated
the offer of employment directly to the individual.
Fee prohibition
12(1) No employment agency business operator shall directly or
indirectly demand or collect a fee, reward or other compensation
(
a) from an individual who is seeking employment or from
another person on that individual's behalf,
(
b) from an individual who is seeking information respecting
employers seeking employees or from another person on that
individual's behalf,
(
c) from an individual for securing or attempting to secure
employment for the individual or providing the individual
with information respecting any employer seeking employees
or from another person on that individual's behalf, or
(
d) from an individual for evaluating or testing the individual, or
for arranging for the individual to be evaluated or tested, for
skills or knowledge required for employment, where the
individual or the employment is in Alberta, or from another
person on that individual's behalf.
(2) Nothing in subsection (1) prohibits an employment agency
business operator from charging a fee for the provision of services to
an individual that are not employment agency business services,
including, without limitation, resume-writing services and job-skills
training services, if
(
a) the employment agency business operator and the person to
whom the fee is charged have entered into a written
agreement for the provision of the services that
(
i) sets out the fee, and
(ii) is separate from any agreement between the individual
to whom the services are provided and the employment
agency business operator for the provision of
employment agency business services to the individual,
(
b) the individual to whom the services are provided is not
required to access the services in order to access the
employment agency business operator's employment agency
business services, and
(
c) the fee is reasonable.
(3) Nothing in subsection (1) prohibits an employment agency
business operator from recovering the cost of services provided to an
individual by a third party if
(
a) the services provided are not employment agency business
services,
(
b) the individual to whom the services are provided is not
required to access the services in order to access the
employment agency business operator's employment agency
business services,
(
c) the person from whom the employment agency business
operator recovers the costs and the individual to whom the
services are provided
(
i) are advised of the cost of the services in writing, and
(ii) expressly consent to the provision of the services
before the services are provided,
(
d) the employment agency business operator has paid the third
party for the costs of the services, and
(
e) the costs recovered do not exceed the amount paid by the
employment agency business operator to the third party for
the services.
(4) The express consent of a person referred to in subsection (3)(
c) must be in a verifiable form, such as in writing or recorded audio.
Unfair practices
13(1) For the purposes of this
section and for the purposes of
applying the Act in respect of this section, "consumer" includes
(
a) a person seeking employment, and
(
b) an employer who
(
i) is an individual, and
(ii) is seeking an employee to provide services with respect
to the individual's personal, family or household
matters.
(2) It is an unfair practice for an employment agency business
operator to do any of the following:
(
a) exert undue pressure on or threaten or harass a consumer, a
person related to a consumer or a member of a consumer's
household;
(
b) give false, misleading or deceptive information to a
consumer with respect to matters relating to
(
i) employment positions,
(ii) legal rights,
(iii) immigration, or
(iv) the general living or working conditions in Alberta;
(
c) fail to ensure that separate agreements are entered into with a
person seeking employment for services offered by the
employment agency business operator that are not
employment agency business services, including, without
limitation, resume-writing services and job-skills training
services;
(
d) require a person seeking employment to provide a deposit,
security or bond;
(
e) directly or indirectly demand or collect a fee, reward or other
compensation in contravention of
section 12.
Strikes and lockouts
14 When a legal strike or lockout is in progress, no employment
agency business operator shall knowingly
(
a) send or assist in sending any person, or
(
b) cause any person to be sent
to take employment in place of an employee who is on strike or locked
out without informing the person of the existence of the strike or
lockout.
Prohibited representation
15(1) An employment agency business operator shall not represent,
expressly or by implication, that an employment agency business
licence is an endorsement or approval of the employment agency
business operator by the Government of Alberta.
(2) Subsection (1) does not preclude an employment agency business
operator from representing that the employment agency business
operator is licensed under this Regulation.
Offences
16 For the purposes of
section 162 of the Act, a contravention of
section 2(5), 7, 8, 10, 11(1), 12(1), 13(2), 14 or 15(1) is designated as
an offence.
Transitional
17(1) An employment agency business licence under the
Employment Agency Business Licensing Regulation (AR 189/99) that
is in effect immediately before the coming into force of this
section is
continued under this Regulation until the employment agency business
licence expires or is revoked.
(2) Despite
section 2(5), the holder of a licence referred to in
subsection (1) may engage in the employment agency business with
respect to individuals referred to in
section 2(2) and (3) until the
licence expires or is revoked.
Consequential amendment
18 The General Licensing and Security Regulation
(AR 187/99) is amended in
section 12(d.1) by striking out
"or" at the end of subclause (v), adding "or" at the end of
subclause (vi) and adding the following after subclause (vi):
(vii) a consumer within the meaning of
section 13(1) of the
Employment Agency Business Licensing Regulation;
Repeal
19 The Employment Agency Business Licensing Regulation
(AR 189/99) is repealed.
Expiry
20 For the purposes of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be
repassed in its present or an amended form following a review, this
Regulation expires on November 1, 2016.
Coming into force
21 This Regulation comes into force on September 1, 2012.
Schedule
Fee Prohibition
Section 12 of the Employment Agency Business Licensing Regulation
prohibits an employment agency business operator from directly or
indirectly demanding or collecting a fee, reward or other compensation
(
a) from an individual who is seeking employment or from
another person on that individual's behalf,
(
b) from an individual who is seeking information respecting
employers seeking employees or from another person on that
individual's behalf,
(
c) from an individual for securing or attempting to secure
employment for the individual or providing the individual
with information respecting any employer seeking employees
or from another person on that individual's behalf, or
(
d) from an individual for evaluating or testing the individual, or
arranging for the individual to be evaluated or tested, for
skills or knowledge required for employment, where the
individual or employment is in Alberta, or from another
person on that individual's behalf.
--------------------------------
Alberta Regulation 46/2012
Marketing of Agricultural Products Act
ALBERTA MILK PLAN AMENDMENT REGULATION
Filed: March 8, 2012
For information only: Made by the Lieutenant Governor in Council (O.C. 084/2012)
on March 8, 2012 pursuant to
section 23 of the Marketing of Agricultural Products
Act.
1 The Alberta Milk Plan Regulation (AR 150/2002) is
amended by this Regulation.
Section 1 is amended
(
a) in clause (
k) by striking out "district or";
(
b) in clause (
l) by adding "or appointed" after "whether
elected";
(
c) by repealing clause (m);
(
d) in clause (v)
(
i) by adding "receives or" after "any person who";
(ii) by adding ", or both," after "or dairy products";
(
e) in clause (
y) by striking out "and farm-separated
cream";
(
f) in clause (
z) by striking out "raw milk and
farm-separated cream" and substituting "milk".
Section 2 is amended by striking out "Raw milk,
farm-separated cream" and substituting "Milk".
Section 9(2)(
d) is amended by striking out "and prescribing
the conditions and procedures applicable to the transfer of quotas, if
any, that Alberta Milk considers appropriate".
Section 12(1) is amended by striking out "The delegates"
and substituting "The directors and delegates".
Section 15(
d) is amended by striking out "district" and
substituting "region".
Section 18 is amended
(
a) in subsection (1) by striking out "4 regions" and
substituting "3 regions";
(
b) by repealing subsections (3) and (4).
Section 19(2) is repealed and the following is
substituted:
(2) The number of delegates to represent each region is as follows:
(
a) for the North Region, 11 delegates;
(
b) for the Central Region, 11 delegates;
(
c) for the South Region, 8 delegates.
Section 23 is amended
(
a) by adding "and" at the end of clause (a);
(
b) by striking out "and" at the end of clause (b);
(
c) by repealing clause (c).
Section 24 is amended
(
a) by repealing subsection (1) and substituting the
following:
Election of delegates
24(1) At each region's annual region meeting or meetings,
the licensed producers in the region are to elect delegates to
represent the licensed producers assigned to that region in
accordance with
section 19(2).
(
b) in subsection (2) by striking out "for a district" and
substituting "for a region";
(
c) in subsection (3)
(
i) by striking out "for a district" and substituting
"for a region";
(ii) by striking out "in that district" and substituting
"in that region";
(iii) by striking out "for that district" and substituting
"for that region".
Section 27(1) is amended
(
a) by striking out "from that district" and substituting
"from that region";
(
b) by striking out "for that district" and substituting "for
that region".
Section 29(2)(
b) is amended by striking out "for each
district in the region" and substituting "for that region".
Section 34 is amended
(
a) in clause (
a) by striking out "8 region directors" and
substituting "6 region directors";
(
b) in clause (
b) by striking out "3 directors" and
substituting "5 directors".
Section 37 is amended
(
a) by repealing subsection (1) and substituting the
following:
Election of directors at large
37(1) At each annual meeting, the region delegates must
elect from among themselves directors at large and do so in
accordance with the terms of office, removal, vacancy and
transitional provisions of this plan.
(
b) by repealing subsection (4).
Section 41 is repealed and the following is substituted:
Directors' meetings
41(1) The board of directors shall hold meetings of the board of
directors at least 4 times each year.
(2) In addition to the meetings required under subsection (1), the
board of directors may, at the call of the chair or of not fewer than 3
directors, conduct meetings of the board of directors.
Section 44(1) is amended by adding "for the unexpired
portion of the term" after "to fill that vacancy".
Section 46(1) is amended
(
a) by adding ", e-mail or facsimile" after "by ordinary mail";
(
b) by adding "or in accordance with the contact information"
after "at the latest address".
Section 48 is amended
(
a) in subsection (1)(b)
(
i) by striking out "district delegates" and
substituting "delegates";
(ii) by striking out "for the district" and substituting
"for the region";
(
b) in subsection (2)
(
i) by striking out "district delegate" and substituting
"delegate";
(ii) by striking out "within the district" wherever it
occurs and substituting "within the region";
(
c) in subsection (3) by striking out "district or"
wherever it occurs;
(
d) in subsection (4) by striking out "district or"
wherever it occurs;
(
e) in subsection (5) by striking out "district or"
wherever it occurs;
(
f) in subsection (6) by striking out "a district within".
Section 49 is amended
(
a) in subsection (2) by striking out "for the district" and
substituting "for the region";
(
b) in subsection (5) by striking out "district or".
Section 51 is repealed and the following is substituted:
Nominations
51 Nomination forms for candidates for election as delegates at
region meetings must
(
a) be signed by at least 2 licensed producers who carry on
production of the regulated product in that region,
(
b) be signed by the candidate,
(
c) contain an acknowledgement by the candidate that the
candidate has reviewed the policies of Alberta Milk with
respect to the responsibilities and conduct of delegates and
directors and that the candidate undertakes to comply with
those policies in the event that the candidate is elected, and
(
d) be delivered to the returning officer not less than 45 days
prior to the first region meeting at which the candidate is
seeking election as a delegate.
Section 58 is amended
(
a) by repealing subsection (1) and substituting the
following:
Controverted elections
58(1) A licensed producer may, within 15 days of an
election, apply to the Council in writing to have the
election of a delegate declared invalid on one or more of
the following grounds:
(
a) the eligibility of a delegate candidate;
(
b) the eligibility of a voter;
(
c) a matter relating to a ballot or the tabulation of
ballots;
(
d) an irregularity with respect to the conduct of the
election.
(
b) by repealing subsection (3) and substituting the
following:
(3) If an application is received in accordance with subsection
(1), the Council shall order a new election if in the opinion of the
Council
(
a) the candidate was not eligible, or
(
b) the matter complained of materially affected the result
of the election.
Section 61 is amended by striking out "February 28, 2014"
and substituting "February 28, 2019".
23 The
Schedule is repealed and the following is
substituted:
Schedule
For the purposes of the Plan, the 3 regions are as follows:
1 North Region:
(
a) all the lands north of Township Road 432 or an extension of
it running from the western to the eastern boundary of the
province;
(
b) all urban areas within the area described in clause (a).
2 Central Region:
(
a) all the lands south of Township Road 432 or an extension of
it running from the western to the eastern boundary of the
province, and all the lands north of Highway 1 from the
western boundary of the province to the western municipal
limits of the City of Calgary and from the eastern municipal
limits of the City of Calgary to the western limit of Range
Road 230, and all the lands north of Township Road 280
from the eastern limit of Range road 230 to the eastern
boundary of the province;
(
b) the City of Calgary;
(
c) all other urban areas within the area described in clause (a).
3 South Region:
(
a) all the lands south of Highway 1 from the western boundary
of the province to the western municipal limits of the City of
Calgary and from the eastern municipal limits of the City of
Calgary to the western limit of Range Road 230, excluding
the City of Calgary, and all the lands south of Township
Road 280 from the eastern limit of Range Road 230 to the
eastern boundary of the province;
(
b) all urban areas, except the City of Calgary, within the area
described in clause (a).
Transitional matters
24(1) On the coming into force of this Regulation, all licensed
producers will be assigned to the regions in which they reside.
(2) A delegate elected in the Northeast, Northwest or Central Regions,
prior to the coming into force of this Regulation, will be assigned to
the North or Central Region in which each delegate resides and the
delegate continues to hold office until
(
a) the person's term expires, or
(
b) the person resigns from office,
whichever occurs first.
(3) Following the 2012 annual region meeting, each of the North and
Central Regions shall select 2 region directors from the 3 directors
currently holding office.
(4) At the 2012 annual general meeting, all delegates shall elect 3
directors at large.
(5) Immediately following the election of the 3 directors at large, the
term for the 3 directors shall be
(
a) one position for a term of one year,
(
b) one position for a term of 2 years, and
(
c) one position for a term of 3 years,
as determined by a random draw.
--------------------------------
Alberta Regulation 47/2012
Municipal Government Act
IMPROVEMENT DISTRICT NO. 349 REVENUE SHARING REGULATION
Filed: March 8, 2012
For information only: Made by the Lieutenant Governor in Council (O.C. 086/2012)
on March 8, 2012 pursuant to
section 603 of the Municipal Government Act.
Revenue sharing
1 In addition to
section 596(1) of the Municipal Government Act, the
Minister may pay to one or more municipalities all or a portion of the
taxes and other revenues collected on behalf of Improvement District
No. 349, as the Minister may by order determine.
Application
2 This Regulation applies in respect of taxes and other revenue
collected in 2012 and subsequent years.
Repeal
3 This Regulation is made under
section 603(1) of the Act and is
repealed in accordance with
section 603(2) of the Act.
--------------------------------
Alberta Regulation 48/2012
Pipeline Act
PIPELINE AMENDMENT REGULATION
Filed: March 8, 2012
For information only: Made by the Energy Resources Conservation Board on March
6, 2012 pursuant to
section 3(1) of the Pipeline Act.
1 The Pipeline Regulation (AR 91/2005) is amended by this
Regulation.
Section 1 is amended
(
a) in subsection (1)
(
i) by adding the following after clause (f):
(f.1) "Directive 038" means Directive 038: Noise
Control;
(ii) by repealing clauses (
g) to (
i) and substituting
the following:
(g) "Directive 056" means Directive 056: Energy
Development Applications and Schedules;
(h) "Directive 060" means Directive 060: Upstream
Petroleum Industry Flaring Directive;
(i) "Directive 071" means Directive 071: Emergency
Preparedness and Response Requirements for the
Upstream Petroleum Industry;
(iii) by adding the following after clause (i):
(i.1) "Directive 077" means Directive 077: Pipelines -
Requirements and Reference Tools;
(iv) by repealing clause (p);
(
b) by adding the following after subsection (6):
(6.1) Where this Regulation refers to a directive by its number or
title or both, the reference is to be considered as a reference to
that directive as published by the Board and amended from time
to time.
Section 1.2 is repealed and the following is substituted:
Compliance with Directives
1.2(1) A licensee shall comply with the requirements of Directive
(2) Subject to
section 79(3), a licensee shall comply with the
requirements of Directive
Section 8 is amended by striking out "71" wherever it
occurs and substituting "071".
Section 13 is repealed and the following is substituted:
Emergency shutdown devices and check valves
13(1) A licensee shall ensure that a pipeline conveying gas
containing more than 10 moles of hydrogen sulphide gas per
kilomole of natural gas, or any lesser hydrogen sulphide content that
the Board stipulates in a particular case, is equipped with
automatically actuated emergency shutdown devices or check
valves.
(2) A licensee shall conduct an engineering assessment to define the
pipeline operating conditions and the closure parameters of the
automatically actuated emergency shutdown devices referred to in
subsection (1) that will ensure the release volume used in calculating
the emergency planning zone in the event of a pipeline break is as
low as reasonably practicable.
(3) A licensee shall ensure that the automatically actuated
emergency shutdown devices or check valves referred to in
subsection (1) and (2)
(
a) isolate the pipeline into segments whose volumes are in
accordance with those specified in the licence application,
and
(
b) automatically close as defined by the engineering assessment
required in subsection (2) if a pipeline break occurs.
(4) A licensee shall ensure that the automatically actuated
emergency shutdown device referred to in subsection (1)
(
a) closes on the failure of any control or operating component,
(
b) remains closed once the device has closed due to actuation or
failure, and
(
c) requires on-site human intervention to reopen once it has
closed unless it was closed due to a planned pipeline
shutdown.
(5) A licensee shall not allow the pipeline or the automatically
actuated emergency shutdown devices to operate outside of the
conditions defined within the engineering assessment conducted
under subsection (2).
(6) If the licensee determines that the pipeline or the automatically
actuated emergency shutdown devices could be operating outside of
the conditions defined by the engineering assessment conducted
under subsection (2), the licensee shall shut in the pipeline until
(
a) the pipeline and the automatically actuated emergency
shutdown devices can be operated within the defined
conditions, or
(
b) the licensee completes an engineering assessment as
specified in subsection (2) and revises the emergency
planning zone, as required by Directive 071.
(7) Unless otherwise authorized by the Board, a licensee shall
maintain a record of the current engineering assessment conducted
under subsection (2) and the actions taken under subsection (6) until
the pipeline is abandoned.
(8) The licensee shall submit a copy of the records required under
subsection (7) to the Board on request.
Section 17 is amended by striking out "Interim Directive
99-8" and substituting "Directive 038".
Section 38 is amended by striking out "Directive 99-8 and
Directive 60" and substituting "Directive 038 and Directive 060".
Section 50 is repealed and the following is substituted:
Shutdown device inspection
50(1) A licensee shall conduct preventative maintenance, servicing
and function testing of the automatically actuated emergency
shutdown devices and check valves referred to in
section 13 and the
safety systems referred to in
section 14, including any associated
sensors or operating systems.
(2) A licensee shall conduct an annual inspection, assessment and
test, with a maximum interval of 18 months between such activities,
of the automatically actuated emergency shutdown devices and
check valves referred to in
section 13 and the safety systems referred
to in
section 14, including any associated sensors or operating
systems, to ensure that the devices are operating properly.
(3) A licensee shall verify and document that the actual pipeline
operating conditions and the automatically actuated emergency
shutdown device closure parameters are as defined within the
engineering assessment conducted under
section 13.
(4) A licensee shall maintain records of all such work under this
section for a period of 2 years from the date the record is made.
(5) A licensee shall submit a copy of the records required under this
section to the Board on request.
Section 79(3) and (4) are amended by striking out
"Directive 60" and substituting "Directive 060".
10 In the following provisions, "Directive 56" is struck out
wherever it occurs and "Directive 056" is substituted:
section 3(1) and (3)(c);
section 5(1) and (2);
section 21(1);
section 72;
section 74;
section 82(2);
section 84;
section 85(1) and (2).
--------------------------------
Alberta Regulation 49/2012
Alberta Housing Act
ALBERTA HOUSING (EXPIRY CLAUSE) AMENDMENT REGULATION
Filed: March 12, 2012
For information only: Made by the Minister of Seniors on March 1, 2012 and the
Minister of Municipal Affairs (M.O. H:003/2012) on March 5, 2012 pursuant to
section 34 of the Alberta Housing Act.
1 The Housing Accommodation Tenancies Regulation
(AR 242/94) is amended in
section 10 by striking out "March
31, 2012" and substituting "March 31, 2017".
2 The Management Body Operation and Administration
Regulation (AR 243/94) is amended in
section 38 by striking
out "March 31, 2012" and substituting "March 31, 2017".
3 The Rent Supplement Regulation (AR 75/95) is amended
section 12 by striking out "March 31, 2012" and
substituting "March 31, 2017".
4 The Social Housing Accommodation Regulation
(AR 244/94) is amended in
section 19 by striking out "March
31, 2012" and substituting "March 31, 2017".
--------------------------------
Alberta Regulation 50/2012
Oil and Gas Conservation Act
OIL AND GAS CONSERVATION AMENDMENT REGULATION
Filed: March 14, 2012
For information only: Made by the Energy Resources Conservation Board on
January 24, 2012 pursuant to
section 10(1)(
g) of the Oil and Gas Conservation Act.
1 The Oil and Gas Conservation Regulations (AR 151/71)
are amended by this Regulation.
Section 3.051(1) is amended
(
a) in clause (
b) by striking out "5.0 cubic metres" and
substituting "30.0 cubic metres";
(
b) by repealing clause (c).
--------------------------------
Alberta Regulation 51/2012
Dairy Industry Act
DAIRY INDUSTRY AMENDMENT REGULATION
Filed: March 15, 2012
For information only: Made by the Lieutenant Governor in Council (O.C. 98/2012)
on March 15, 2012 pursuant to
section 39 of the Dairy Industry Act.
1 The Dairy Industry Regulation (AR 139/99) is amended
by this Regulation.
Schedule 2 is amended
(
a) by striking out "500 000 somatic cells" and
substituting "400 000 somatic cells";
(
b) by striking out "-0.530ø H" and substituting
"-0.525ø H".
--------------------------------
Alberta Regulation 52/2012
Municipal Government Act
ELK POINT/ST. PAUL REGIONAL WATER COMMISSION REGULATION
Filed: March 15, 2012
For information only: Made by the Lieutenant Governor in Council (O.C. 102/2012)
on March 15, 2012 pursuant to
section 602.02 of the Municipal Government Act.
Table of Contents
1 Definition
2 Establishment
3 Members
4 Services
5 Operating deficits
6 Sale of property
7 Profit and surpluses
8 Approval
Definition
1 In this Regulation, "member municipality" means a municipality
referred to in
section 3.
Establishment
2 A regional services commission known as the Elk Point/St. Paul
Regional Water Commission is established.
Members
3 The following municipalities are members of the Commission:
(
a) Town of Elk Point;
(
b) County of St. Paul No. 19.
Services
4 The Commission is authorized to provide potable water through the
operation of a water transmission system.
Operating deficits
5 The Commission may not assume operating deficits that are shown
on the books of any of the member municipalities.
Sale of property
6(1) The Commission may not, without the approval of the Minister,
sell any of its land, buildings, equipment or inventory whose purchase
has been funded wholly or partly by grants from the Government of
Alberta.
(2) The Minister may not approve a sale under subsection (1) unless
the Minister is satisfied
(
a) as to the repayment of the grants from the Government of
Alberta and outstanding debt associated with that portion of
the land, buildings, equipment or inventory to be sold,
(
b) that the sale would not have a significant adverse effect on
the services the Commission provides, and
(
c) that the sale will be properly reflected in the rates
subsequently charged to the customers of the Commission.
Profit and surpluses
7 Unless otherwise approved by the Minister, the Commission may
not
(
a) operate for the purposes of making a profit, or
(
b) distribute any of its surpluses to its member municipalities.
Approval
8 The Minister may make an approval under
section 6 or 7 subject to
any terms or conditions the Minister considers appropriate.
--------------------------------
Alberta Regulation 53/2012
Child and Youth Advocate Act
CHILD AND YOUTH ADVOCATE REGULATION
Filed: March 15, 2012
For information only: Made by the Lieutenant Governor in Council (O.C. 103/2012)
on March 15, 2012 pursuant to
section 22 of the Child and Youth Advocate Act.
Appointment of lawyer to represent child
1(1) If a child is the subject of a permanent guardianship order or a
permanent guardianship agreement under the Child, Youth and Family
Enhancement Act, the Child and Youth Advocate may appoint or cause
to be appointed a lawyer to represent the child where
(
a) the child is the subject of a guardianship application under
the Family Law Act,
(
b) the child is the subject of a guardianship application, a
trusteeship application, or both, under the Adult
Guardianship and Trusteeship Act, or
(
c) the child is the subject of an application, proceeding or other
matter under the Citizenship Act (Canada).
(2) If a child is receiving any intervention services under the Child,
Youth and Family Enhancement Act or any services under the
Protection of Sexually Exploited Children Act, the Child and Youth
Advocate may appoint or cause to be appointed a lawyer to represent
the child
(
a) where the child wishes to apply for an order under the
Protection Against Family Violence Act, or
(
b) for matters, other than those under the Youth Criminal Justice
Act (Canada) or the Youth Justice Act, where the Child and
Youth Advocate is of the opinion that the child requires
independent representation.
Expiry
2 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be
repassed in its present or an amended form following a review, this
Regulation expires on March 31, 2017.
Coming into force
3 This Regulation comes into force on April 1, 2012.
Alberta Regulation 54/2012
Child, Youth and Family Enhancement Act
EXPERT REVIEW PANEL REGULATION
Filed: March 15, 2012
For information only: Made by the Lieutenant Governor in Council (O.C. 104/2012)
on March 15, 2012 pursuant to
section 131 of the Child, Youth and Family
Enhancement Act.
Appointment of expert review panel
1 The Council may appoint an expert review panel to review a
serious injury to or the death of a child unless
(
a) the Council is satisfied that
(
i) the death was due solely to natural causes,
(ii) the death was due solely to a pre-existing medical
condition or illness, or
(iii) the injury or death resulted from a disaster as defined in
the Emergency Management Act,
(
b) the Council is satisfied that there was no meaningful
connection between the injury or death and the nature or
quality of care or supervision provided by a director, or
(
c) the Council is satisfied that the public interest would not be
served by appointing an expert review panel.
Expiry
2 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, 2017.
Coming into force
3 This Regulation comes into force on April 1, 2012.
Alberta Regulation 55/2012
Engineering, Geological and Geophysical Professions Act
GENERAL AMENDMENT REGULATION
Filed: March 15, 2012
For information only: Made by the Council of the Association of Professional
Engineers, Geologists and Geophycists of Alberta and approved by the Lieutenant
Governor in Council (O.C. 106/2012) on March 15, 2012 pursuant to
section 19 of the
Engineering, Geological and Geophysical Professions Act.
1 The General Regulation (AR 150/99) is amended by this
Regulation.
2 The title is repealed and the following is substituted:
ENGINEERING AND GEOSCIENCE PROFESSIONS
GENERAL REGULATION
Section 1 is amended
(
a) in clause (
a) by striking out "Engineering, Geological
and Geophysical Professions Act" and substituting
"Engineering and Geoscience Professions Act";
(
b) in clause (
b) by striking out ", geology or geophysics"
and substituting "or geoscience";
(
c) by adding the following after clause (b):
(b.1) "domestic trade agreement" means a domestic trade
agreement as defined in
section 2 of
Schedule 6 to the
Government Organization Act;
Section 6(
b) is amended
(
a) in subclauses (
i) and (ii) by striking out ", geology or
geophysics" and substituting "or geoscience";
(
b) in subclause (ii)(
A) by striking out ", geological or
geophysical" wherever it occurs and substituting "or
geoscientific".
Section 10 is amended
(
a) in subsection (1)
(
i) by striking out "admitted as an engineer-in-training,
geologist-in-training or geophysicist-in-training" and
substituting "enrolled as an engineer-in-training or
geoscientist-in-training";
(ii) in clause (b)(
i) by striking out ", geology or
geophysics" and substituting "or geoscience";
(
b) in subsection (2) by striking out "to be registered as a
member-in-training" and substituting "to be enrolled as
an engineer-in-training or geoscientist-in-training".
6 The following is added after
section 10:
Domestic trade agreements
10.1 Where
section 10(2) applies in respect of an applicant and the
professional regulatory organization is in a province or territory that
is a signatory to one or more domestic trade agreements that is in
force in Alberta, the applicant's application must be dealt with in a
manner consistent with the applicable domestic trade agreements.
Section 12 is amended
(
a) by striking out "admitted" and substituting "enrolled";
(
b) by striking out ", geologist-in-training or
geophysicist-in-training" and substituting "or
geoscientist-in-training".
Section 13(1) is amended
(
a) in clauses (
c) and (
d) by striking out ", geology or
geophysics" and substituting "or geoscience";
(
b) in clause (e)
(
i) in subclause (i)
(
A) by striking out "admitted as" and
substituting "enrolled as";
(
B) by striking out ", geological or geophysical"
and substituting "or geoscientific";
(ii) in subclause (ii)(
B) and (iii)(
B) by striking out
", geological or geophysical" and substituting "or
geoscientific".
9 The following is added after
section 13:
Domestic trade agreements
13.1 Where
section 13(2) applies in respect of an applicant and the
professional regulatory organization is in a province or territory that
is a signatory to one or more domestic trade agreements that is in
force in Alberta, the applicant's application must be dealt with in a
manner consistent with the applicable domestic trade agreements.
10 The following is added after
section 14:
Domestic trade agreements
14.01 Where
section 14(2) applies in respect of an applicant and
the professional regulatory organization is in a province or territory
that is a signatory to one or more domestic trade agreements that is
in force in Alberta, the applicant's application must be dealt with in a
manner consistent with the applicable domestic trade agreements.
Section 14.1 is amended
(
a) in subsection (1)(
c) by striking out ", geological or
geophysical" and substituting "or geoscientific";
(
b) in subsection (2) by striking out ", geology or
geophysics" and substituting "or geoscience".
12 The following is added after
section 14.1:
Domestic trade agreements
14.2 Where
section 14.1(1.1) applies in respect of an applicant and
the professional regulatory organization is in a province or territory
that is a signatory to one or more domestic trade agreements that is
in force in Alberta, the applicant's application must be dealt with in a
manner consistent with the applicable domestic trade agreements.
Section 15(5) is amended
(
a) in clause (c)
(
i) by striking out "geologist" and substituting
"geoscientist";
(ii) by striking out "geology" and substituting
"geoscience";
(
b) by repealing clause (d);
(
c) in clause (e)
(
i) by striking out "clauses (
a) to (d)" and
substituting "clauses (
a) to (c)";
(ii) by striking out ", geology and geophysics" and
substituting "and geoscience".
Section 21(1) is amended by striking out ", one
professional geologist and one professional geophysicist" and
substituting "and one professional geoscientist".
Section 52 is amended by striking out "or "Geophysics" "
and substituting ", "Geophysics" or "Geoscience" ".
Section 56 is amended by striking out ", geological and
geophysical" and substituting "and geoscientific".
Section 57 is amended by striking out ", geologists and
geophysicists" and substituting "and geoscientists".
Section 58 is amended by striking out ", geologist or
geophysicist" and substituting "or geoscientist".
Section 77(1) is amended
(
a) in clauses (b), (
c) and (
d) by striking out ", geology or
geophysics" and substituting "or geoscience";
(
b) in clause (
e) by striking out ", geological or
geophysical" and substituting "or geoscientific".
20 The following is added after
section 77:
Domestic trade agreements
77.1 Where
section 77(2) applies in respect of an applicant and the
regulated entity is in a province that is a signatory to one or more
domestic trade agreements that is in force in Alberta, the applicant's
application must be dealt with in a manner consistent with the
applicable domestic trade agreements.
Section 79.1 is amended by striking out "September 30,
2014" and substituting "September 30, 2021".
22 The following provisions are amended by striking out
", geology or geophysics" wherever it occurs and substituting
"or geoscience":
section 8(b)(i);
section 17;
section 47(4);
section 48(1);
section 49.
23 The
Schedule is amended
(
a) in the heading by striking out "Engineering,
Geological and Geophysical Professions Act" and
substituting "Engineering and Geoscience
Professions Act";
(
b) by striking out ", geologists and geophysicists" wherever
it occurs and substituting "and geoscientists".
24 This Regulation comes into force on the coming into
force of
section 2 of the Engineering, Geological and
Geophysical Professions Amendment Act, 2011.
--------------------------------
Alberta Regulation 56/2012
Engineering, Geological and Geophysical Professions Act
ASET AMENDMENT REGULATION
Filed: March 15, 2012
For information only: Made by ASET Council and approved by the Lieutenant
Governor in Council (O.C. 107/2012) on March 15, 2012 pursuant to
section 87.3 of
the Engineering, Geological and Geophysical Professions Act.
1 The ASET Regulation (AR 282/2009) is amended by this
Regulation.
Section 1 is amended
(
a) in clause (
a) by striking out "Engineering, Geological
and Geophysical Professions Act" and substituting
"Engineering and Geoscience Professions Act";
(
b) by adding the following after clause (c):
(c.1) "domestic trade agreement" means a domestic trade
agreement as defined in
section 2 of
Schedule 6 to the
Government Organization Act;
(
c) in clause (
d) by striking out "General Regulation" and
substituting "Engineering and Geoscience Professions
General Regulation".
Section 3 is amended by striking out "General Regulation"
and substituting "Engineering and Geoscience Professions General
Regulation".
4 The following is added after
section 11:
Domestic trade agreements
11.1 Where
section 11(1)(b)(ii) applies in respect of an applicant
and the regulated entity is in a province that is a signatory to one or
more domestic trade agreements that is in force in Alberta, the
applicant's application must be dealt with in a manner consistent
with the applicable domestic trade agreements.
5 The following is added after
section 13:
Domestic trade agreements
13.1 Where
section 13(2) applies in respect of an applicant and the
regulated entity is in a province that is a signatory to one or more
domestic trade agreements that is in force in Alberta, the applicant's
application must be dealt with in a manner consistent with the
applicable domestic trade agreements.
Section 53 is amended by striking out "September 30, 2014"
and substituting "September 30, 2021".
7 The
Schedule is amended in the heading by striking out
"Engineering, Geological and Geophysical Professions
Act" and substituting "Engineering and Geoscience
Professions Act".
8 This Regulation comes into force on the coming into
force of
section 2 of the Engineering, Geological and
Geophysical Professions Amendment Act, 2011.
--------------------------------
Alberta Regulation 57/2012
Engineering, Geological and Geophysical Professions Act
PROFESSIONAL TECHNOLOGISTS AMENDMENT REGULATION
Filed: March 15, 2012
For information only: Made by the JPT Regulations Committee and approved by the
Lieutenant Governor in Council (O.C. 108/2012) on March 15, 2012 pursuant to
section 88.5 of the Engineering, Geological and Geophysical Professions Act.
1 The Professional Technologists Regulation
(AR 283/2009) is amended by this Regulation.
Section 1 is amended by striking out "Engineering,
Geological and Geophysical Professions Act" and substituting
"Engineering and Geoscience Professions Act".
3 The following is added after
section 5:
Domestic trade agreements
5.1(1) In this section, "domestic trade agreement" means a
domestic trade agreement as defined in
section 2 of
Schedule 6 to the
Government Organization Act.
(2) Where
section 5(2) applies in respect of an applicant and the
regulated entity is in a province that is a signatory to one or more
domestic trade agreements that is in force in Alberta, the applicant's
application must be dealt with in a manner consistent with the
applicable domestic trade agreements.
Section 6 is amended
(
a) by repealing subsection (1)(
c) and (
d) and
substituting the following:
(
c) professional technologist (geoscience).
(
b) by repealing subsection (2)(
c) and (
d) and
substituting the following:
(
c) P.Tech (geo).
Section 31 is amended by striking out "or "Geophysics" "
and substituting ", "Geophysics" or "Geoscience" ".
Section 33(1) is amended by striking out "or Geophysics"
and substituting ", Geophysics or Geoscience".
Section 37 is amended by striking out "September 30, 2014"
and substituting "September 30, 2021".
8 The
Schedule is amended in the heading by striking out
"Engineering, Geological and Geophysical Professions Act"
and substituting "Engineering and Geoscience Professions
Act".
9 The following provisions are amended by striking out
", geology or geophysics" wherever it occurs and substituting
"or geoscience":
section 5(1)(c), (d), (e), (
f) and (2)(b)(i);
section 16(5)(a), (b), (c), (
d) and (e)(ii);
section 26(4);
section 27(1) and (4);
section 28.
10 This Regulation comes into force on the coming into
force of
section 2 of the Engineering, Geological and
Geophysical Professions Amendment Act, 2011.
Alberta Regulation 58/2012
Veterinary Profession Act
GENERAL AMENDMENT REGULATION
Filed: March 15, 2012
For information only: Made by the Council of the Alberta Veterinary Medical
Association and approved by the Lieutenant Governor in Council (O.C. 109/2012) on
March 15, 2012 pursuant to
section 13 of the Veterinary Profession Act.
1 The General Regulation (AR 44/86) is amended by this
Regulation.
2 The title is amended by adding "VETERINARY
PROFESSION" before "GENERAL".
Section 1 is amended
(
a) by adding the following after clause (a):
(a.1) "domestic trade agreement" means a domestic trade
agreement as defined in
section 2 of
Schedule 6 to the
Government Organization Act;
(a.2) "bylaws" means "bylaws made under
section 14 of the
Act;
(
b) in clause (
b) by striking out "in person" and
substituting "in-person";
(
c) by adding the following after clause (b):
(b.1) "National Examining Board" means the National
Examining Board of the Canadian Veterinary Medical
Association;
(b.2) "Practice Inspection and Practice Standards Committee"
means the Practice Inspection and Practice Standards
Committee established by the bylaws;
Section 2 is amended
(
a) in that portion preceding clause (
a) by striking out
"he" and substituting "the person";
(
b) in clause (
b) by striking out "his" and substituting
"the person's";
(
c) in clauses (
c) and (
d) by striking out "he" and
substituting "the person";
(
d) in clause (
f) by striking out "his" and substituting
"the person's".
Section 3 is repealed and the following is substituted:
Certificate of Qualification
3(1) The Registration Committee may approve an applicant for
registration as a registered veterinarian if the applicant has been
issued a Certificate of Qualification by the National Examining
Board.
(2) If an applicant has not been issued a Certificate of Qualification
referred to in subsection (1) and
section 3.1 does not apply, the
Registration Committee may, after reviewing the applicant's
academic qualifications, approve the applicant for registration and
may impose any limitations or restrictions that it considers
appropriate on the registration.
(3) In determining whether to approve an applicant for registration
under subsection (2) and whether to impose limitations or
restrictions on the registration, the Registration Committee shall
follow any guidelines established by the Council.
Evaluation procedure in lieu of Certificate
3.1(1) If the Certificate of Qualification program of the National
Examining Board ceases to exist or the Council ceases to recognize a
Certificate of Qualification as satisfactory evidence of a person's
competence to practise veterinary medicine, the Council shall
establish, in writing, a procedure for the evaluation of applicants for
registration as a registered veterinarian.
(2) A procedure established under subsection (1) must contain
guidelines for the Registration Committee to follow in determining
whether to approve an applicant for registration as a registered
veterinarian and whether to impose limitations or restrictions on the
registration.
(3) In considering an application for registration as a registered
veterinarian made by an applicant who has not been issued a
Certificate of Qualification, the Registration Committee shall follow
the procedure established under subsection (1) and may approve the
applicant for registration in accordance with the procedure.
(4) The Registrar shall provide any person who requests it with a
copy of the evaluation procedure established under subsection (1).
Section 4 is repealed and the following is substituted:
Additional requirements
4 The Registration Committee may require an applicant for
registration under
section 3 or 3.1
(
a) to successfully complete one or more examinations set or
designated by the Committee,
(
b) to obtain additional experience of a kind and duration
satisfactory to the Committee,
(
c) to attend an interview with the Committee, or
(
d) to do any or all of the above
in addition to meeting the requirements of sections 2 and 3 or
sections 2 and 3.1.
7 The following is added after
section 5:
Applicants from outside Alberta
5.01(1) The Registration Committee may approve an applicant for
registration as a registered veterinarian if the applicant is a
veterinarian in good standing with a professional regulatory
organization under
an Act of another province or a territory of
Canada that is a signatory to one or more domestic trade agreements
in force in Alberta at the time the application is made.
(2) A registration under subsection (1)
(
a) is subject to the same restrictions and limitations, if any, that
the applicant is subject to in the other province or territory,
and
(
b) must be dealt with in a manner consistent with the applicable
domestic trade agreements referred to in that subsection.
Section 5.1 is amended in clauses (
a) and (b)(iii) by
striking out "National Examining Board of the Canadian Veterinary
Medical Association" and substituting "Council".
Section 6 is amended
(
a) by repealing subsection (1)(b)(ii) and substituting
the following:
(ii) successfully completed the preliminary examinations of
the National Examining Board and has been accepted
by the National Examining Board as a candidate to sit
the Clinical Proficiency Examination for a Certificate of
Qualification.
(
b) in subsection (2)
(
i) in that portion preceding clause (
a) by striking
out "An individual" and substituting "A person";
(ii) in clause (
d) by striking out "by-laws" and
substituting "bylaws";
(
c) in subsection (4) by striking out "on which" and
substituting "in respect of which".
Section 6.1 is amended
(
a) by repealing subsection (1) and substituting the
following:
Short-term registration
6.1(1) The Registration Committee may approve the
registration of an applicant for a short-term period if the
applicant
(
a) is a veterinarian in good standing with a professional
regulatory organization that is established under the
legislation of another jurisdiction and that is recognized
by the Council, and
(
b) is applying for the short-term registration at the request
of an unrestricted veterinarian.
(1.1) The Registration Committee may impose any limitations
or restrictions that the Committee considers appropriate on a
registration under subsection (1).
(
b) in subsection (2)(
f) by striking out "by-laws" and
substituting "bylaws".
Section 7 is amended
(
a) in subsection (3) by striking out "he" and
substituting "the Registrar";
(
b) in subsection (4) by striking out "1" and
substituting "one".
Section 8 is amended
(
a) in subsection (1) by striking out "by-laws" and
substituting "bylaws";
(
b) in subsection (2)
(
i) by striking out "if";
(ii) by repealing clauses (
a) and (
b) and
substituting the following:
(
a) if
(
i) the applicant is an active member in good
standing of the Alberta Association of
Animal Health Technologists, and
(ii) the applicant
(
A) is a graduate of a program in animal
health technology accredited by the
Canadian Veterinary Medical
Association or a program considered to
be equivalent by the Alberta Association
of Animal Health Technologists and the
Council, or
(
B) has passed an examination in animal
health technology approved by the
Alberta Association of Animal Health
Technologists and the Council,
(
b) if the applicant is a technologist in good standing
with a professional regulatory organization under
an Act of another province or a territory of Canada
that is a signatory to one or more domestic trade
agreements in force in Alberta at the time the
application is made.
(
c) by adding the following after subsection (2):
(2.1) A registration under subsection (2)(b)
(
a) is subject to the same restrictions and limitations, if any,
that the applicant is subject to in the other province or
territory, and
(
b) must be dealt with in a manner consistent with the
applicable domestic trade agreements referred to in that
subsection.
(
d) in subsection (3) by striking out "this section" and
substituting "subsection (2) or (2.1)";
(
e) in subsection (4) by striking out "subsection (2)" and
substituting "subsections (2) and (2.1)".
Section 9(1) is amended by striking out "veterinarian -
client" and substituting "veterinarian-client".
Section 10 is amended
(
a) in subsections (1) and (2) by striking out "in person"
and substituting "in-person";
(
b) in subsection (2)(
a) by striking out "council" and
substituting "Council".
Section 11 is amended
(
a) by repealing subsection (1)(
a) and (
b) and
substituting the following:
(
a) the corporation is registered under or established by an
Act of Alberta, and
(
b) subject to subsection (1.1), the majority of the issued
shares of the corporation having voting rights are
beneficially owned by an unrestricted veterinarian.
(
b) by adding the following after subsection (1):
(1.1) A corporation that does not meet the requirements of
subsection (1)(
b) may be approved for registration as a permit
holder by the Council if the corporation does not offer
veterinary services to the public or engage in the practice of
veterinary medicine for the benefit of individual members of
the public except in accordance with an authorization given
under subsection (1.2).
(1.2) The Council may authorize a corporation that is
registered under subsection (1.1) to provide a veterinary
service to an individual member of the public or to engage in
the practice of veterinary medicine for the benefit of an
individual member of the public if, in the opinion of the
Council, the service or practice is likely to benefit the public
generally.
(
c) in subsection (2) by striking out "1" and
substituting "one".
Section 12 is repealed.
Section 13 is amended
(
a) in subsection (1)
(
i) by striking out "Practice Review Board, the
Discipline Committee or the Council" and
substituting "Council, the Hearing Tribunal, the
Complaint Review Committee or the Practice Review
Board";
(ii) in clause (
a) by striking out "Practice Review
Board, Discipline Committee or Council" and
substituting "Council, the Hearing Tribunal, the
Complaint Review Committee or the Practice Review
Board";
(
b) in subsection (2) by striking out "Practice Review
Board, the Discipline Committee or the Council" and
substituting "Council, the Hearing Tribunal, the Complaint
Review Committee or the Practice Review Board".
Section 14 is amended by striking out "Discipline
Committee" and substituting "Hearing Tribunal or the Complaint
Review Committee".
Section 15(
f) is amended by striking out "1" and
substituting "one".
Section 16.1 is amended
(
a) by striking out "The registered veterinarian, permit holder
and student" and substituting "Every registered
veterinarian, technologist, permit holder, student and other
member of the Association";
(
b) by repealing clause (
f) and substituting the
following:
(
f) is duty-bound to hold in strict confidence all
information acquired in the course of professional
relationships with clients, and should not divulge that
information unless
(
i) expressly or implicitly authorized by the client or
required to do so by law, or
(ii) it is information respecting inhumane or negligent
treatment of an animal, in which case the
registered veterinarian, technologist, permit holder
or student may report the information to a peace
officer as defined in the Animal Protection Act.
Section 17 is amended by striking out "he" and
substituting "the member".
Section 18 is amended by striking out "his" and
substituting "another member's".
Section 19 is amended by striking out "he" and
substituting "the member".
Section 20 is amended by adding "or herself" after
"himself".
Section 21.1 is repealed and the following is
substituted:
Prohibited sales and supplies
21.1(1) No registered veterinarian or permit holder shall sell or
supply a pharmaceutical or biological product to any person or entity
that intends to resell the product, including but not limited to a
wholesaler, a pharmacy and a person who holds a licence under the
Production Animal Medicine Regulation (AR 299/2003).
(2) Subsection (1) does not apply where
(
a) the sale or supply is to a registered veterinarian,
(
b) the veterinary practices of the vendor and purchaser or the
supplier and recipient are recognized by, or have been
inspected and certified by, the Council, and
(
c) all statutory requirements that apply to the product and to the
veterinary practices of the vendor and purchaser or the
supplier and recipient have been met.
Section 21.2 is amended by striking out "considered" and
substituting "deemed".
Section 22 is amended by striking out "he" and
substituting "the registered veterinarian".
Section 28(2) is amended by striking out "by-laws" and
substituting "bylaws."
Section 42 is repealed and the following is substituted:
Filling vacancies
42 When called in an emergency or as a substitute during the
absence of another practitioner, a registered veterinarian shall render
the necessary service and then turn the patient over to the other
practitioner on his or her return.
Section 47(3) is amended by striking out "the proper
authorities" and substituting "a peace officer as defined in the
Animal Protection Act".
Section 47.1(
b) is amended by striking out "in person"
and substituting "in-person".
Section 50 is repealed and the following is substituted:
Unprofessional conduct
50 No member of the Association shall do
an act that would reflect
unfavourably on the worthiness of the member's profession.
Section 50.1(4) is amended by striking out "by-laws" and
substituting "bylaws".
Section 52 is amended
(
a) in subsection (1) by striking out "as constituted under
the by-laws";
(
b) by repealing subsection (3) and substituting the
following:
(3) If a registered veterinarian or permit holder refuses to
cooperate with an inspector or refuses to permit the inspector
to inspect the registered veterinarian's or permit holder's
veterinary practice, the inspector shall report the refusal to
the Practice Inspection and Practice Standards Committee
which shall immediately report the refusal to the Practice
Review Board.
35 Sections 54(1) and (2) and 55(1) are amended by
striking out "1" and substituting "one".
36 The following is added after
section 57:
Expiry
58 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, 2017.
--------------------------------
Alberta Regulation 59/2012
Health Professions Act
PHYSICIANS, SURGEONS AND OSTEOPATHS PROFESSION
AMENDMENT REGULATION
Filed: March 15, 2012
For information only: Made by the Council of the College of Physicians and
Surgeons of Alberta and approved by the Lieutenant Governor in Council (O.C.
111/2012) on March 15, 2012 pursuant to
section 131 of the Health Professions Act.
1 The Physicians, Surgeons and Osteopaths Profession
Regulation (AR 350/2009) is amended by this Regulation.
Section 7(1) is repealed and the following is substituted:
Limited practice register
7(1) Subject to subsection (2), an applicant for registration as a
regulated member who is not eligible for registration on the general
register may be registered on the limited practice register if the
applicant
(
a) has successfully completed all the requirements for the
granting of a medical or an osteopathic medical degree from
a medical program approved by the Council,
(
b) to the satisfaction of the Registrar
(
i) has completed the relevant post-graduate medical
training for the limited professional services that the
applicant will be providing, and
(ii) has the necessary combination of experience, practice or
other qualifications and competencies,
and
(
c) provides limited professional services within a service or
program approved by the Council as a clinical assistant or
surgical assistant or as an assistant in medical research,
medical administration or medical education.
--------------------------------
Alberta Regulation 60/2012
Health Professions Act
PODIATRISTS PROFESSION REGULATION
Filed: March 15, 2012
For information only: Made by the Council of Management of the Alberta Podiatry
Association and approved by the Lieutenant Governor in Council (O.C. 114/2012) on
March 15, 2012 pursuant to
section 131 of the Health Professions Act.
Table of Contents
Definitions
2 Register categories
Registration
3 General register
4 Equivalent jurisdiction
5 Substantial equivalence
6 Provisional register
7 Courtesy register
8 Good character and reputation
10 Liability insurance
11 Citizenship
12 CPR certification
13 Fitness to practise
Titles and Abbreviations
14 Authorization to use titles
Restricted Activities
15 Restricted activities
16 Self-restriction
17 Students, supervision
18 Other non-regulated persons, supervision
Practice Permit
19 Renewal requirements
20 Practice permit conditions
Alternative Complaint Resolution
21 Process conductor
22 Agreement
23 Confidentiality
24 Leaving the process
Reinstatement
25 Application for reinstatement
26 Consideration of application
27 Decision
28 Review of decision
29 Access to decision
Information
30 Providing information
31 Disclosure of information
Section 119 information
Transitional Provision, Repeals and Coming into Force
33 Transitional
34 Repeals
35 Coming into force
Definitions
1 In this Regulation,
(a) "Act" means the Health Professions Act;
(b) "active practice" means providing services or restricted
activities referred to in
section 3(
a) and (
c) of
Schedule 21.1
to the Act to individuals other than family members on an
ongoing and regular basis or engaging in activities referred to
section 3(
b) of that
Schedule on an ongoing and regular
basis;
(c) "College" means the College of Podiatric Physicians of
Alberta;
(d) "Complaints Director" means the complaints director of the
College;
(e) "Council" means the council of the College;
(f) "courtesy register" means the courtesy register category of
the regulated members register;
(g) "general register" means the general register category of the
regulated members register;
(h) "provisional register" means the provisional register category
of the regulated members register;
(i) "Registrar" means the registrar of the College;
(j) "Registration Committee" means the registration committee
of the College.
Register categories
2 The regulated members register established by the Council under
section 33(1)(
a) of the Act has the following categories:
(
a) general register;
(
b) provisional register;
(
c) courtesy register.
Registration
General register
3(1) An applicant for registration as a regulated member on the
general register must
(
a) have received a podiatric medical degree from a program
approved by the Council,
(
b) have successfully completed post-graduate residency training
approved by the Council, and
(
c) have successfully completed the registration examination
approved by the Council.
(2) An applicant must
(
a) have completed the requirements set out in subsection
(1) within the 3 years immediately preceding the date the
Registrar receives a complete application, or
(
b) demonstrate to the satisfaction of the Registrar or
Registration Committee that the applicant is currently
competent to practise as a podiatrist.
(3) For the purposes of subsection (2)(b), the Registrar or Registration
Committee may require an applicant to undergo any examination,
testing, assessment, training or education that the Registrar or
Registration Committee considers necessary.
Equivalent jurisdiction
4 An applicant for registration as a regulated member on the general
register who 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 registration requirements to the
registration requirements set out in
section 3 may be registered on the
general register.
Substantial equivalence
5(1) An applicant for registration as a regulated member on the
general register who does not meet the registration requirements set
out in
section 3 but whose qualifications have been determined by the
Registrar or Registration Committee under
section 28(2)(
c) of the Act
to be substantially equivalent to the registration requirements set out in
section 3 may be registered on the general register.
(2) In determining whether an applicant's qualifications are
substantially equivalent under subsection (1), the Registrar may require
the applicant to undergo any examination, testing or assessment
activity the Registrar or Registration Committee considers necessary to
assist with the determination.
(3) For the determination under subsection (2), the Registrar may use
the services of experts and other resources to assist with the
examination, testing or assessment activity.
(4) The Registrar may require an applicant to pay all the costs incurred
under subsections (2) and (3).
(5) The Registrar may require an applicant under subsection (1) to
undergo any education or training activities the Registrar or
Registration Committee considers necessary in order for the applicant
to be registered.
(6) The Registrar may require an applicant under subsection (1) to
provide any other relevant information or evidence that the Registrar
or Registration Committee considers necessary in order to assess an
application under this section.
Provisional register
6(1) Subject to subsection (2), an applicant for registration as a
regulated member may be registered on the provisional register if the
applicant has successfully completed all the requirements for the
granting of a podiatric medical degree from a program approved by the
Council and
(
a) has not passed the registration examination approved by the
Council,
(
b) is enrolled in a program of residence training in Alberta
approved by the Council,
(
c) is undergoing an assessment of qualifications for the purpose
of determining substantial equivalency under
section 5, or
(
d) is engaged in education or training activities for the purpose
of registration under
section 5.
(2) Every regulated member registered on the provisional register
must practise under the supervision of a regulated member registered
on the general register or under the supervision of another regulated
health professional approved by the Registrar.
(3) A registration on the provisional register may not exceed 3 years.
(4) The Registrar may extend a registration on the provisional register
if the Registrar is of the opinion that extenuating circumstances exist.
(5) If a regulated member registered on the provisional register meets
the registration requirements set out in
section 3, the Registrar must
remove the regulated member's name from the provisional register and
enter it on the general register.
Courtesy register
7(1) An applicant who is registered as a podiatrist in good standing in
another jurisdiction and who applies for registration in Alberta on a
temporary basis for a specified purpose approved by the Registrar and
who satisfies the Registrar of the person's competence to provide the
services related to the specified purpose may be registered on the
courtesy register for a period of time approved by the Registrar.
(2) It is a condition of registration on the courtesy register that the
person must remain registered in good standing in the jurisdiction in
which the person was registered at the time of the person's application
for registration on the courtesy register, and if the registration in the
other jurisdiction is suspended or cancelled, the courtesy registration is
cancelled.
(3) A registration on the courtesy register under this
section may not
exceed one year.
Good character and reputation
8(1) An applicant for registration as a regulated member in any
category of the regulated members register must provide evidence
satisfactory to the Registrar of having good character and reputation.
(2) To comply with subsection (1), an applicant must submit one or
more of the following on the request of the Registrar:
(
a) a written statement by the applicant as to whether the
applicant is currently undergoing an investigation or is
subject to an unprofessional conduct process or has
previously been disciplined by another regulatory body
responsible for the regulation of podiatrists or of another
profession;
(
b) a written statement by the applicant as to whether an
application for registration by the applicant in any other
jurisdiction was ever previously rejected;
(
c) the results of a current criminal records check;
(
d) a written statement by the applicant as to whether the
applicant has ever been charged with, pleaded guilty to or
been found guilty of a criminal offence in Canada or an
offence of a similar nature in a jurisdiction outside Canada
for which the applicant, if convicted, has not been pardoned;
(
e) any other relevant written evidence as required by the
Registrar.
(3) If an applicant has engaged in an activity that has, in the opinion of
the Registrar, undermined the applicant's good character and
reputation in the past, the applicant may provide evidence of
rehabilitation to the Registrar.
(4) The Registrar may also consider information other than that
provided by the applicant in determining whether the applicant is of a
good character and reputation, but if the Registrar considers that
information, the Registrar must give the applicant sufficient particulars
of that information to allow the applicant to respond to that
information.
9(1) An applicant for registration as a regulated member must be
competently in the practice of podiatry.
(2) An applicant may be required by the Registrar to demonstrate
requirements approved by the Council.
Liability insurance
10 An applicant for registration as a regulated member must provide
evidence of having the type and amount of professional liability
insurance required by the Council.
Citizenship
11 An applicant for registration as a regulated member must provide
proof of Canadian citizenship or proof of having been lawfully
admitted to and being entitled to work in Canada.
CPR certification
12 An applicant for registration as a regulated member is required to
provide evidence of current cardiopulmonary resuscitation certification
at a level required by the Council.
Fitness to practise
13 An applicant for registration as a regulated member must, on the
request of the Registrar, submit evidence satisfactory to the Registrar
confirming the member's fitness to practise.
Titles and Abbreviations
Authorization to use titles
14(1) A regulated member registered on the general register or
courtesy register may use the following titles, abbreviations and
initials:
(
a) podiatrist;
(
b) podiatric surgeon;
(
c) doctor of podiatric medicine;
(
d) podiatric physician;
(
e) D.P.M.;
(
f) doctor;
(
g) Dr.
(2) A regulated member registered on the provisional register may use
the following titles, abbreviations and initials:
(
a) podiatrist;
(
b) doctor of podiatric medicine;
(
c) podiatric physician;
(
d) D.P.M.;
(
e) doctor;
(
f) Dr.
(3) A regulated member registered on the general register or courtesy
register may use the title "specialist" if the regulated member
(
a) meets the requirements established by the Council for the use
of the title specialist, and
(
b) is authorized by the Registrar to use that title.
Restricted Activities
Restricted activities
15(1) A regulated member registered on the general register, courtesy
register or provisional register may, in the practice of podiatry and in
accordance with the standards of practice, perform the following
restricted activities for the purpose of diagnosing and treating ailments,
diseases, deformities and injuries of the human foot and ankle:
(
a) to cut a body tissue, to administer anything by an invasive
procedure on body tissue or to perform surgical or other
invasive procedures on body tissue;
(
b) to set or reset a fracture of a bone;
(
c) to reduce a dislocation of a joint;
(
d) to prescribe a
Schedule 1 drug within the meaning of the
Pharmacy and Drug Act;
(
e) to dispense, compound, provide for selling or sell,
incidentally to the practice of podiatry, a
Schedule 1 drug or
Schedule 2 drug within the meaning of the Pharmacy and
Drug Act;
(
f) to administer a vaccine;
(
g) to prescribe or administer nitrous oxide gas for the purposes
of anaesthesia or sedation;
(
h) to order any form of ionizing radiation in medical
radiography and nuclear medicine;
(
i) to apply any form of ionizing radiation in medical
radiography;
(
j) to order any form of non-ionizing radiation in magnetic
resonance imaging or ultrasound imaging;
(
k) subject to subsection (2), to apply any form of non-ionizing
radiation in ultrasound imaging.
(2) No regulated member shall perform the restricted activity
described in subsection (1)(
k) in respect of a fetus.
Self-restriction
16(1) Despite any authorization to perform restricted activities,
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 the regulated member's area of practice
and the procedure being performed.
(2) A regulated member who performs a restricted activity must do so
in accordance with the standards of practice.
Students, supervision
17(1) A student who is enrolled in a program of podiatric studies
approved by the Council is, within the program, permitted to perform
the restricted activities described in
section 15 with the consent of and
under the supervision of a regulated member.
(2) A student who is enrolled in a post-secondary program of studies
approved by the council of another college under the Act that includes
studies related to restricted activities described in
section 15 is
permitted to perform those restricted activities with the consent of and
under the supervision of a regulated member.
(3) The supervising regulated member who consents to supervise a
student under subsection (1) or subsection (2) must
(
a) be authorized to perform the restricted activity being
performed,
(
b) obtain approval as a preceptor from the Registrar in
accordance with the requirements set by the Council,
(
c) supervise by being physically present and available to assist
the student, and
(
d) comply with the standards of practice governing the
provision of supervision by regulated members of persons
performing restricted activities pursuant to
section 4(1)(
b) of
Schedule 7.1 to the Government Organization Act.
Other non-regulated persons, supervision
18(1) A person who is not described in
section 4(1)(
a) of
Schedule
7.1 to the Government Organization Act is permitted to perform the
following restricted activities, but only if that person is providing
health services to another person and has the consent of, and is being
supervised in accordance with subsection (2) by, a regulated member
while performing a restricted activity:
(
a) to cut a body tissue or administer anything by an invasive
procedure on body tissue;
(
b) to set or reset a fracture of a bone;
(
c) to reduce a dislocation of a joint;
(
d) to apply any form of ionizing radiation in medical
radiography.
(2) When a regulated member supervises a person referred to in
subsection (1) performing a restricted activity, the regulated member
must
(
a) be authorized to perform the restricted activity being
performed,
(
b) if the person being supervised is a regulated member of
another college, be satisfied the other college is aware that
the person is performing the restricted activity under
supervision,
(
c) supervise the person who is performing the restricted activity
by being on site and readily available for consultation by the
person who is under supervision, and
(
d) comply with the standards of practice governing the
provision of supervision by regulated members of persons
performing restricted activities pursuant to
section 4(1)(
b) of
Schedule 7.1 to the Government Organization Act.
(3) Despite subsection (2), if the supervising regulated member is
satisfied that the person performing the restricted activity can do so
competently and safely, the regulated member is not required to be on
site but must be available for consultation.
Practice Permit
Renewal requirements
19(1) Sections 8 to 13 apply in respect of an application by a
regulated member to renew the member's practice permit.
(2) A regulated member applying for renewal of the member's
practice permit must provide evidence satisfactory to the Registrar of
carrying on an active practice.
Practice permit conditions
20 The Registrar may impose conditions on a practice permit, which
may include, but are not limited to, the following:
(
a) completing any examinations, testing, assessment,
counselling, training or education as considered necessary by
the Registrar or the Registration Committee;
(
b) limiting a member's practice to specified professional
services, restricted activities or practice settings;
(
c) practising under the supervision of another regulated member
for the period of time considered necessary by the Registrar;
(
d) reporting to the Registrar on specified matters on specified
dates.
Alternative Complaint Resolution
Process conductor
21 When a complainant and an investigated person have agreed to
enter into an alternative complaint resolution process, the Complaints
Director must appoint an individual to conduct the alternative
complaint resolution process.
Agreement
22 The person conducting the alternative complaint resolution
process must, in consultation with the complainant and the investigated
person, establish the procedures for and objectives of the alternative
complaint resolution process, which must be set out in writing and
signed by the complainant, the investigated person and the
representative of the College.
Confidentiality
23 The complainant and the investigated person must, subject to
sections 59 and 60 of the Act, agree to treat all information shared
during the process as confidential.
Leaving the process
24 The complainant or the investigated person may withdraw from
the alternative complaint resolution process at any time.
Reinstatement
Application for reinstatement
25(1) A person whose registration and practice permit have been
cancelled under
Part 4 of the Act may apply in writing to the Registrar
to have the registration reinstated and the practice permit reissued.
(2) An application under subsection (1) must
(
a) not be made earlier than 3 years after the date of the
cancellation, and
(
b) not be made more frequently than once in each 12-month
period following a refusal of an application under
section
27(1)(a).
(3) An applicant under subsection (1) must provide evidence to the
Registrar of
(
a) the relevant professional or personal actions that the
applicant has taken since the cancellation, and
(
b) the applicant's qualifications for registration.
Consideration of application
26(1) An application under
section 25 must be considered by the
Registration Committee in accordance with the application for
registration process set out in sections 28 to 30 of the Act.
(2) When considering an application under
section 25, the Registration
Committee must consider
(
a) the record of the hearing at which the applicant's registration
and practice permit were cancelled, and
(
b) whether the applicant
(
i) meets the current requirements for registration,
(ii) has met any conditions imposed under
Part 4 of the Act
before the applicant's registration and practice permit
were cancelled, and
(iii) is fit to practise podiatry and does not pose a risk to
public safety or to the integrity of the profession.
Decision
27(1) The Registration Committee may, after considering an
application in accordance with
section 26, issue a written decision
containing one or more of the following orders:
(
a) an order refusing the application;
(
b) an order approving the application and directing the Registrar
to reinstate the applicant's registration and reissue the
applicant's practice permit;
(
c) an order approving the application subject to the applicant
complying with specified conditions imposed by the
Registration Committee and directing the Registrar to
reinstate the applicant's registration and reissue the
applicant's practice permit on being satisfied that the
applicant has complied with the specified conditions;
(
d) an order to impose specified conditions on the applicant's
practice permit;
(
e) an order directing the applicant to pay any or all of the
College's expenses incurred in respect of the application as
provided for in the bylaws;
(
f) any order that the Registration Committee considers
necessary for the protection of the public.
(2) If the Registration Committee makes an order under subsection
(1)(a), (c), (d), (
e) or (f), the Registration Committee must include the
reasons for the order in its written decision.
(3) On making a decision under subsection (1), the Registration
Committee must provide the written decision to the Registrar.
(4) On receiving a written decision under subsection (3), the Registrar
must
(
a) give a copy of the written decision to the applicant, and
(
b) if the Registration Committee has made an order under
subsection (1)(a), (c), (d), (
e) or (f), notify the applicant that
the applicant may request a review by the Council of that
decision.
Review of decision
28(1) An applicant in respect of whom an order is made under
section
27(1)(a), (c), (d), (
e) or (
f) may, within 30 days of receipt of a copy of
the written decision, request a review by the Council of that decision.
(2) Sections 31 and 32 of the Act apply to a review under subsection
(1).
Access to decision
29(1) The Registration Committee, under
section 27, and the Council,
under
section 28, may order that its decision be published in a manner
it considers appropriate.
(2) The College must make a decision under
section 27 or 28 available
for 2 years to the public on request.
Information
Providing information
30(1) A regulated member or an applicant for registration must
provide the following information in addition to that required under
section 33(3) of the Act to the Registrar, on the request of the
Registrar, on application for registration and when there are changes to
the information:
(
a) home address;
(
b) business mailing address, telephone number, fax number and
e-mail address;
(
c) emergency contact address, telephone number and e-mail
address;
(
d) full legal name and, if applicable, previous names or aliases;
(
e) degrees and other qualifications, including specialization;
(
f) school of graduation;
(
g) year of graduation;
(
h) languages in which a regulated member or an applicant for
registration can provide professional services;
(
i) date of birth;
(
j) gender;
(
k) names of other jurisdictions in which the member is
registered as a podiatrist;
(
l) whether the member is registered with any other college of a
regulated health profession and whether the member is a
practising member of that college;
(
m) a recent passport photo.
(2) If a regulated member intends to close an office practice, the
regulated member must provide to the Registrar the date by which the
regulated member proposes to close the office practice.
(3) If a regulated member's practice involves any transplantation of
human tissue, the regulated member must provide to the Registrar the
name and address of the facility and the type of transplantation that
may take place in that facility.
Disclosure of information
31 The College may, under
section 34(2) of the Act, disclose the
following information concerning its regulated members to members
of the public in order to support its podiatric physician search function
on the College's website:
(
a) name or names that a regulated member uses or has used in
his or her practice;
(
b) a regulated member's business mailing address, telephone
number and fax number;
(
c) degrees and other qualifications obtained by a regulated
member, including specialization;
(
d) languages in which a regulated member can provide
professional services.
Section 119 information
32 The periods of time during which the Council is required to
provide information under
section 119(4) of the Act to a member of
the public are as follows:
(
a) information referred to in
section 33(3) of the Act entered in
a register for a regulated member, except for the information
referred to in
section 33(3)(
h) of the Act, while the named
regulated member is registered as a member of the College;
(
b) information referred to in
section 119(1) of the Act
respecting
(
i) the suspension of a regulated member's practice permit,
while the suspension is in effect,
(ii) the cancellation of a regulated member's practice
permit, for 2 years after the cancellation,
(iii) the conditions imposed on a regulated member's
practice permit, while the conditions are in effect,
(iv) the directions made that a regulated member cease
providing professional services, while the directions are
in effect, and
(
v) the imposition of a reprimand or fine under
Part 4 of the
Act, for 2 years after the imposition of the reprimand or
fine;
(
c) information as to whether a hearing is scheduled to be held
under
Part 4 of the Act with respect to a named regulated
member, until the hearing is concluded;
(
d) information respecting
(
i) whether a hearing has been held under
Part 4 of the Act
with respect to a named regulated member, for 5 years
from the date the hearing is concluded, and
(ii) a decision and a record of the hearing referred to in
section 85(3) of the Act, for 5 years after the date the
hearing tribunal of the College rendered its decision.
Transitional Provision, Repeals
and Coming into Force
Transitional
33 On the coming into force of this Regulation, a person described in
section 6 of
Schedule 21.1 to the Act is deemed to be entered on the
regulated members register in the register category that the Registrar
considers appropriate.
Repeals
34 The following regulations are repealed:
(
a) By-laws of the Alberta Podiatry Association (AR 195/65);
(
b) Drugs, Chemicals and Compounds Regulation (AR 21/99).
Coming into force
35 This Regulation comes into force on the coming into force of
Schedule 21.1 to the Health Professions Act.
--------------------------------
Alberta Regulation 61/2012
Public Lands Act
EXPLORATION DISPUTE RESOLUTION AMENDMENT REGULATION
Filed: March 15, 2012
For information only: Made by the Lieutenant Governor in Council (O.C. 121/2012)
on March 15, 2012 pursuant to
section 9 of the Public Lands Act.
1 The Exploration Dispute Resolution Regulation
(AR 227/2003) is amended by this Regulation.
Section 32 is amended by striking out "March 31, 2012"
and substituting "March 31, 2017".
Alberta Regulation 62/2012
Witness Security Act
WITNESS SECURITY REGULATION
Filed: March 15, 2012
For information only: Made by the Lieutenant Governor in Council (O.C. 124/2012)
on March 15, 2012 pursuant to
section 26 of the Witness Security Act.
Definition
1 In this Regulation, "Act" means the Witness Security Act.
Alternative methods of protective services
2 For the purposes of
section 6(2)(
b) of the Act, the following are
alternative methods of protective services:
(
a) services provided by a law enforcement agency in relation to
managing a witness or an associated person for investigative
purposes;
(
b) services provided by a law enforcement agency to assist a
witness or an associated person to attend court where
(
i) the witness or associated person is not eligible for, or
declines to receive, protective services under the Act, or
(ii) the witness's or associated person's eligibility to receive
protective services under the Act has been terminated;
(
c) services provided by a law enforcement agency in relation to
protecting a child at risk from any form of abuse, neglect or
exploitation;
(
d) services provided by a law enforcement agency to protect a
person from domestic violence.
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 April 30, 2017.
Coming into force
4 This Regulation comes into force on the coming into force of the
Witness Security Act.