Alberta Gazette — 15 October 2025 (Part II)
15 October 2025
Alberta — Gazette
Alberta Regulation 209/2025
Financial Consumers Act
FINANCIAL CONSUMERS (EXPIRY DATE
EXTENSION) AMENDMENT REGULATION
Filed: September 17, 2025
For information only: Made by the Lieutenant Governor in Council (O.C. 289/2025)
on September 17, 2025 pursuant to sections 4 and 49 of the Financial Consumers Act.
1 The Financial Consumers Regulation (AR 165/2002) is
amended by this Regulation.
Section 5 is amended by striking out "January 31, 2026"
and substituting "January 31, 2031".
--------------------------------
Alberta Regulation 210/2025
Hospitals Act
HOSPITALIZATION BENEFITS
AMENDMENT REGULATION
Filed: September 17, 2025
For information only: Made by the Lieutenant Governor in Council (O.C. 290/2025)
on September 17, 2025 pursuant to
section 43 of the Hospitals Act as amended by
section 30(9) of the Health Statutes Amendment Act, 2025.
1 The Hospitalization Benefits Regulation (AR 244/90) is
amended by this Regulation.
Section 1 is amended
(
a) in subsection (1)
(
i) in clause (
c) by striking out "hospital" and
substituting "health services sector in an approved
hospital";
(ii) by repealing clause (e);
(iii) by repealing clause (
f) and substituting the
following:
(f) "approved program" means a program approved
by the Minister that is delivered in a health
services sector in an approved hospital, but does
not include a specific program;
(f.1) "approved program operating deficit" means the
excess of approved program operating
expenditures over operating revenue in a fiscal
year;
(f.2) "approved program operating expenditures" means
operating expenditures as determined under
section 16.2;
(f.3) "approved program operating surplus" means the
excess of operating revenue over approved
program operating expenditures in a fiscal year;
(iv) in clause (
k) by adding "of Alberta" after
"resident";
(
v) by repealing clauses (
h) and (i);
(vi) by repealing clause (
m) and substituting the
following:
(m) "discretionary revenue" means discretionary
revenue as determined under
section 16.1(1);
(vii) in clause (
o) by striking out "or
Part 2 of the
Provincial General Hospitals Act";
(viii) by repealing clauses (
p) and (q);
(ix) by repealing clause (
r) and substituting the
following:
(r) "newborn" means
(
i) an infant newly born in a health services
sector in an approved hospital, or
(ii) an infant newly born outside an approved
hospital and admitted to a health services
sector in the approved hospital with the
infant's mother when the infant's mother is
admitted for maternity service, and who
remained in the health services sector in the
approved hospital as an in-patient,
but does not include a stillborn infant;
(
x) by repealing clause (
s) and substituting the
following:
(s) "offset revenue" means offset revenue as
determined under
section 16.1(3);
(xi) in clause (
t) by striking out "approved hospital
operating expenditures" and substituting "approved
program operating expenditures";
(xii) by adding the following after clause (v):
(v.1) "physician" means
(
i) with reference to medical services provided
in Alberta, a person registered as a regulated
member of the College of Physicians and
Surgeons of Alberta under the Health
Professions Act authorized to use the title
"physician" who holds a practice permit
issued under that Act, and
(ii) with reference to medical services provided
in a place outside Alberta, a person lawfully
entitled to practise medicine or osteopathy in
that place;
(xiii) in clause (
w) by striking out "general hospital"
and substituting "health services sector in an
approved hospital";
(xiv) by adding the following after clause (y):
(y.1) "provincial health agency" means a provincial
health agency under the Provincial Health
Agencies Act;
(xv) by repealing clause (bb);
(xvi) in clause (dd) by striking out "approved hospital
program" and substituting "approved program";
(
b) in subsection (2) by striking out "cease to be a
resident" and substituting "cease to be a resident of
Alberta";
(
c) in subsections (3) and (6)(
b) by adding "of Alberta"
after "resident".
Section 1.1 is repealed and the following is substituted:
Review by provincial health agency
1.1(1) Subject to subsection (2), if a provision of this Regulation
requires a hospital operator to obtain the Minister's approval of an
activity proposed by the hospital operator, the Minister may, before
giving approval, require that the proposed activity be reviewed and
approved by the provincial health agency established for the health
services sector of the hospital operator.
(2) Subsection (1) does not apply with respect to an activity
proposed by a hospital operator that is a provincial health agency.
Section 2 is amended
(
a) by repealing subsection (1) and substituting the
following:
Registration under Health Insurance Premiums Act
2(1) In this
section and
section 3, "Minister" means the Minister
responsible for the Health Insurance Premiums Act.
(1.1) If a resident of Alberta or the resident's dependant is not
registered with the Minister under the Health Insurance
Premiums Act and receives an insured service, the hospital
operator of the health services sector in the approved hospital in
which the insured service was provided shall, in the prescribed
form, furnish the Minister with any information regarding the
resident of Alberta and the resident's dependants required by the
Minister to enable the Minister to register the resident of Alberta
and the resident's dependants.
(
b) in subsection (2) by striking out "hospital" wherever
it occurs and substituting "hospital operator";
(
c) in subsection (3) by striking out "hospital" and
substituting "health services sector in an approved
hospital";
(
d) in subsection (4)
(
i) by adding "of Alberta" after "resident";
(ii) by striking out "hospital board" and substituting
"hospital operator".
Section 3 is amended
(
a) by adding "under the Health Insurance Premiums Act"
after "the Minister";
(
b) by striking out "hospital" and substituting "health
services sector in the approved hospital in which the insured
service was provided".
Section 4 is amended
(
a) in subsection (1)
(
i) in clause (a)
(
A) in subclause (ii) by striking out "hospital's
by-laws" and substituting "general bylaws of
the hospital operator under the Provincial Health
Agencies Act";
(
B) in subclause (iii) by striking out "a hospital"
and substituting "an approved hospital";
(
C) in subclause (vi) by striking out "approved
hospital program" and substituting "approved
program";
(ii) in clause (
b) by striking out "an approved hospital
or facility" and substituting "a health services sector
in an approved hospital or an approved facility";
(
b) in subsection (2)
(
i) in clauses (
b) and (
c) by adding "of Alberta" after
"resident";
(ii) in clause (
d) by striking out "pursuant to
section 31
of the Act" and substituting "under
section
1.976993(1)(
a) of the Provincial Health Agencies Act";
(iii) in clause (d.1) by striking out "board" and
substituting "hospital operator";
(iv) in clause (f)
(
A) in subclause (
i) by striking out "any hospital"
and substituting "an approved hospital in
respect of the approved hospital";
(
B) in subclause (ii)
(
I) by striking out "any hospital having a rated
capacity" and substituting "an approved
hospital with an official rated capacity, as
established under the Operation of Approved
Hospitals Regulation,";
(II) by repealing paragraph (
B) and
substituting the following:
(B) 180 beds or more if, in the opinion of
the committee, this view represents the
majority of
(
I) the pharmacy-therapeutic
committees of all of the approved
hospitals in Alberta, or
(II) the practising physicians in the
geographic area of Alberta in
which the approved hospital is
located;
(
v) in clause (
g) by striking out "hospitals" and
substituting "approved hospitals";
(
c) in subsection (3) by striking out "hospitals" and
substituting "approved hospitals".
Section 5 is amended
(
a) in subsection (1)
(
i) by adding "a health services sector in" before "an
approved hospital";
(ii) in clause (a)
(
A) by striking out "hospital care" and
substituting "hospital services";
(
B) by striking out "in a hospital" and
substituting "in a health services sector in an
approved hospital";
(iii) by repealing clause (
b) and substituting the
following:
(
b) in the case of a patient declared to be no longer in
need of the hospital services provided by the
hospital operator and deemed to be a trespasser
under
section 1.976995 of the Provincial Health
Agencies Act, the non-entitled rate for the health
services sector in the approved hospital as
established by the Minister;
(iv) in clause (
c) by striking out "in a general
hospital,";
(
b) by repealing subsection (2) and substituting the
following:
(2) Subject to
section 5.01, the provincial health agency
established for a health services sector shall determine the
authorized charges for preferred accommodation in the health
services sector in an approved hospital.
Section 5.01 is amended
(
a) in subsection (2) by striking out "In a general hospital"
and substituting "In a health services sector in an
approved hospital";
(
b) in subsection (3)
(
i) by striking out "set by the Minister under
section 9(4)
of the Act" and substituting "set under
section 9(4)
of the Continuing Care Act";
(ii) by adding "(AR 44/2024)" after "Continuing Care
(Ministerial) Regulation".
Section 5.1(1) is amended
(
a) by adding "a health services sector in" before "an
approved hospital";
(
b) by striking out "the board of that hospital" and
substituting "the hospital operator";
(
c) by striking out "provided by the board" and
substituting "provided by the hospital operator".
Section 5.2 is amended
(
a) by repealing subsections (1) and (2) and
substituting the following:
Charges for enhanced goods and services
5.2(1) In this section, "good or service" does not include
accommodation.
(2) A provincial health agency may determine, with respect to
the health sector for which it was established,
(
a) whether hospital operators may charge a person who
requests and receives an enhanced good or service in the
health services sector in the approved hospital for the
cost of the enhanced good or service, and
(
b) the amount that hospital operators may charge for an
enhanced good or service received in the health services
sector in the approved hospital, but the charge shall not
exceed the actual cost of the good or service plus a
reasonable administrative allowance.
(
b) by adding the following after subsection (2):
(2.1) For greater certainty, a provincial health agency that is a
hospital operator may determine the matters referred to in
subsection (2) with respect to itself as a hospital operator.
Section 6 is amended
(
a) in subsection (1) by adding "(AR 21/2024)" after
"Continuing Care Regulation";
(
b) in subsection (2)
(
i) in clause (
a) by striking out "from a general
hospital to another general hospital" and substituting
"from a health services sector in an approved hospital to
a health services sector in another approved hospital";
(ii) in clause (
b) by striking out "general hospital" and
substituting "health services sector in an approved
hospital";
(iii) by striking out "general hospital or type A continuing
care home from which the patient is transferred" and
substituting "hospital operator or continuing care
home operator transferring the patient";
(
c) in subsection (3)
(
i) in clauses (
a) and (
b) by striking out "general
hospital" wherever it occurs and substituting
"health services sector in an approved hospital";
(ii) by striking out "general hospital or the type A
continuing care home" and substituting "hospital
operator or continuing care home operator".
Section 9 is amended
(
a) in subsection (1)
(
i) by striking out "the Lloydminster General Hospital"
and substituting "the Lloydminster Hospital";
(ii) by striking out "an approved hospital" and
substituting "a health services sector in an approved
hospital";
(iii) in clause (
a) by striking out "hospital" and
substituting "health services sector in the approved
hospital";
(
b) in subsection (2) by striking out "an approved hospital"
and substituting "a health services sector in an approved
hospital";
(
c) in subsection (5)
(
i) by striking out "retained in hospital" and
substituting "retained in a health services sector in an
approved hospital";
(ii) by striking out "that hospital" and substituting
"the health services sector in the approved hospital".
Section 12 is amended
(
a) in subsection (1) by adding "health services sectors in"
after "operation of";
(
b) in subsection (3) by striking out "hospital" and
substituting "hospital operator".
14 Sections 13 and 14 are repealed and the following is
substituted:
Payments to operators of federal hospitals
13 The Minister shall pay operators of federal hospitals for the
costs of insured services furnished to residents of Alberta and their
dependants at the rates established for each federal hospital, in
accordance with agreements between the Minister and the operators
of the federal hospitals.
Payments to operators of contract hospitals
14 The Minister may make contracts with operators of hospitals,
other than approved hospitals, that are situated in Alberta to provide
insured services to residents of Alberta and their dependants and
shall pay the operators of the hospitals at rates specified in the
contracts.
Section 16 is amended
(
a) in subsection (1)
(
i) by striking out "section 14" and substituting
"section 8";
(ii) in clause (
a) by striking out "Lloydminster General
Hospital" and substituting "Lloydminster Hospital";
(iii) in clause (b)
(
A) by striking out "a hospital" and substituting
"the operator of a hospital";
(
B) by striking out "in which it is located" and
substituting "in which the hospital is located";
(
C) by striking out "the hospital" and
substituting "the operator of the hospital";
(
b) in subsection (5)
(
i) by adding "of Alberta" after "a resident";
(ii) by adding "of Alberta" after "the resident";
(
c) in subsections (6) and (7) by adding "of Alberta"
after "a resident";
(
d) in subsections (8) and (10)
(
i) by adding "of Alberta" after "a resident";
(ii) by adding "of Alberta" after "the resident".
16 The following is added after
section 16:
Discretionary and offset revenue
16.1(1) The discretionary revenue of a hospital operator with
respect to a health services sector in an approved hospital consists of
revenue received by the hospital operator from the following
sources:
(
a) preferred accommodation charges in excess of the aggregate
amount collected from that source during the 1982/83 fiscal
year, up to the aggregate amount collected from that source
at rates not exceeding $8 per day for semi-private room
accommodation or $16 per day for private room
accommodation;
(b) 50% of any amount collected in daily authorized charges for
accommodation in semi-private and private rooms in excess
of $8 or $16, as the case may be;
(
c) the amount from each daily authorized charge collected
under
section 5.01 that is in excess of the amount chargeable
under
section 5.01(2) in respect of standard ward
accommodation in the health services sector in the approved
hospital;
(
d) donations that are not subject to prior trust conditions;
(
e) foundations;
(
f) user charges;
(
g) net income from ancillary operations;
(
h) subject to
section 21(4), interest earned on investments.
(2) Notwithstanding subsection (1), the discretionary revenue of a
hospital operator of a health services sector in the Lloydminster
Hospital does not include revenue from the following sources:
(
a) authorized admission charges;
(
b) preferred accommodation charges.
(3) The offset revenue of a hospital operator with respect to a health
services sector in an approved hospital consists of revenue received
by the hospital operator from the following sources:
(
a) preferred accommodation charges up to the aggregate
amount collected from that source during the 1982/83 fiscal
year;
(b) 50% of any amount collected in excess of $8 or $16, as the
case may be, in daily authorized charges for accommodation
in semi-private and private rooms;
(
c) the amount from each daily authorized charge collected
under
section 5.01(2) that is equivalent to the amount
chargeable under
section 5.01 in respect of standard ward
accommodation;
(
d) charges for goods and services provided by the hospital
operator in connection with non-insured health services
referred to in
section 5.1;
(
e) charges in excess of the cost of providing enhanced goods
and services referred to in
section 5.2(1);
(
f) charges under
section 9 to non-entitled persons or cost
recoveries with respect to non-entitled persons;
(
g) charges for equipment or space rentals;
(
h) charges for goods and services provided to other institutions
or organizations;
(
i) other sources identified by the Minister as being offset
revenue.
Approved program operating expenditures
16.2(1) Subject to subsection (2), the approved program operating
expenditures of a hospital operator with respect to a health services
sector in an approved hospital consist of the operating expenditures
incurred by a hospital operator in delivering approved programs in a
health services sector in an approved hospital during a fiscal year.
(2) The approved program operating expenditures of a hospital
operator do not include the following expenditures:
(
a) an interest expense;
(
b) depreciation;
(
c) a debt incurred with respect to the health services sector in an
approved hospital that the hospital operator considers to be
uncollectable;
(
d) a capital expenditure, except where it is amortized over
several years and where the capital expenditure and the
amortization period have been approved by the Minister as
an approved program operating expenditure;
(
e) an expenditure with respect to a specific program;
(
f) other expenditures identified by the Minister as not being
approved program operating expenditures.
Section 17 is amended
(
a) by repealing subsection (1) and substituting the
following:
Approved program operating surpluses
and discretionary revenue
17(1) Approved program operating surpluses and discretionary
revenue remaining after a hospital operator complies with
subsections (2) and (3) may be used
(
a) for any purpose within the authority of the hospital
operator that will benefit the health services sector in
the approved hospital, and
(
b) if the approved hospital has a foundation, for transfers
to the foundation.
(
b) in subsection (2) by striking out "Hospital operating
surpluses" and substituting "Approved program operating
surpluses";
(
c) by repealing subsection (3) and substituting the
following:
(3) Discretionary revenue and approved program operating
surpluses, other than those that must be returned to the Minister
under subsection (2), may be retained by the hospital operator
and must be used to offset approved program operating deficits
and deficits for programs other than approved programs.
(
d) in subsection (4)
(
i) by striking out "The board of an approved hospital"
and substituting "A hospital operator";
(ii) by striking out "hospital operating surpluses" and
substituting "approved program operating surpluses".
Section 18 is repealed and the following is substituted:
Approved program operating deficits
18 If an approved program operating deficit incurred during a
fiscal year cannot be absorbed through the use of accumulated
approved program operating surpluses or discretionary revenue, the
hospital operator shall, within 4 months after the beginning of the
following fiscal year, submit a plan to the Minister outlining how the
approved program operating deficit will be absorbed during the next
2 fiscal years following the fiscal year in which the deficit was
incurred.
Section 20 is amended
(
a) by repealing subsection (1)(a)(
i) and substituting
the following:
(
i) the approved cost of construction, alteration, renovation
or upgrading of the facilities in a health services sector
in an approved hospital,
(
b) in subsections (2), (3), (4), (5), (8) and (12) by
striking out "board" wherever it occurs and
substituting "hospital operator".
Section 21(1) and (3) are amended by striking out
"board" wherever it occurs and substituting "hospital operator".
Section 23 is repealed.
22(1) Sections 2(a)(
i) to (iii), (v), (vi), (viii) to (xiv) and (xvi),
3, 4(a), (b), (
c) and (d)(ii), 5, 6(a), (b)(ii) to (
v) and (c), 7, 8(a),
9, 10, 11(
b) and (c), 12(a)(ii) and (iii), (
b) and (c), 13, 14,
15(a)(iii) and 16 to 21 come into force on the coming into
force of
section 30(9)(
a) of the Health Statutes Amendment
Act, 2025.
(2) Sections 2(a)(iv) and (xv), (
b) and (c), 4(d)(i), 6(b)(
i) and
15(b), (
c) and (
d) come into force on the coming into force
section 30(4)(
c) of the Health Statutes Amendment Act,
Alberta Regulation 211/2025
Provincial Health Agencies Act
OPERATION OF APPROVED HOSPITALS REGULATION
Filed: September 17, 2025
For information only: Made by the Lieutenant Governor in Council (O.C. 291/2025)
on September 17, 2025 pursuant to
section 1.97699993 of the Provincial Health
Agencies Act.
Table of Contents
Definitions
2 Review by provincial health agency
Designation and Governance of Approved Hospitals
3 Designation of approved hospitals
4 Meetings of members of hospital operators
5 Meeting minutes
6 Contents of general bylaws, rules and service contracts
Approved Hospital Facilities
7 Approval of acquisition or disposal of land, facilities or equipment
8 Approval of construction, alteration or renovation
9 Approval of upgrading
10 Approval of plans, etc.
11 Approval of changes
12 Compliance with legislation, codes and standards
Operation of Approved Hospitals
13 Capacity of approved hospitals with
one health services sector
14 Capacity of approved hospitals with
multiple health services sectors
15 Changes in capacity
16 Approval to introduce, change or terminate services
17 Approval to introduce, change or terminate
education and training programs
18 Accreditation of hospital operators
Hospital Staff
19 Procedures in medical staff bylaws
20 Appointment of medical staff
21 Hospital privileges
22 Fluoroscopy privileges
23 Meetings of medical and professional staff
24 Health examinations and vaccinations
25 Notice to regulatory body
26 Expenses incurred in transfers
Admissions
27 Compliance with admissions provisions
28 Admission of patients
29 Persons not requiring hospital services
Standards of Hospital Services
30 Clinical policies and procedures
31 Nursing coverage
32 Operating room management
33 Assistance at major surgery
34 Records relating to surgery
35 Anaesthetic services
36 Surgical anaesthetics
37 Deferral or relocation of surgery
38 Precautions re foreign bodies
39 Examination of removed tissues
40 Taking blood for transfusion and crossmatching
41 Syphilis testing of newborns
42 Salmonella reports
43 Disposal of needles and syringes
44 Autopsies
45 Removal of bodies
Information and Records Management
46 Hospital service records
47 Verification of orders for treatment
48 Retention of hospital service records
49 Retention of Health Facilities Act records, etc.
50 Storage of records, etc.
Offences
51 Offences
Expiry and Coming into Force
52 Expiry
53 Coming into force
Definitions
1 In this Regulation,
(a) "attending member" means an attending physician of a
patient or an attending member of the professional staff of a
patient;
(b) "hospital service records" means the records referred to in
section 1.9769992 of the Act;
(c) "in-patient" means a patient referred to in
section
1.9761(k)(
i) of the Act;
(d) "out-patient" means a patient referred to in
section
1.9761(k)(ii) of the Act;
(e) "upgrading" means work carried out for the purposes of
ensuring compliance with the requirements in the applicable
Acts, regulations, codes and standards that must be met for a
health services sector in an approved hospital to operate.
Review by provincial health agency
2(1) Subject to subsection (2), if a provision of this Regulation
requires a hospital operator to obtain the sector Minister's approval of
an activity proposed by the hospital operator, the sector Minister may,
before giving approval, require that the proposed activity be reviewed
and approved by the provincial health agency.
(2) Subsection (1) does not apply with respect to an activity proposed
by a hospital operator that is a provincial health agency.
Designation and Governance of
Approved Hospitals
Designation of approved hospitals
3 For the purposes of
section 1.9763 of the Act, the oversight
Minister may designate a hospital as an approved hospital if the
oversight Minister is satisfied that the hospital delivers or will deliver
hospital services of a sufficient standard to qualify it as an approved
hospital.
Meetings of members of hospital operators
4 A hospital operator other than a provincial health agency or
provincial health corporation may, by resolution, establish
(
a) requirements relating to attendance by members of the
hospital operator at meetings of the hospital operator,
(
b) the amount payable to members of the hospital operator for
attendance at meetings of the hospital operator that the
hospital operator considers necessary for the management
and operation of the health services sector in the approved
hospital or for the discharge of the hospital operator's
responsibilities, and
(
c) the amount payable to members of the hospital operator for
necessary travel and subsistence expenses incurred in the
management and operation of the health services sector in the
approved hospital.
Meeting minutes
5 A hospital operator other than a provincial health agency or a
provincial health corporation must provide a copy of the minutes of
each meeting of the hospital operator to the sector Minister within 3
weeks after the meeting at which the minutes were adopted.
Contents of general bylaws, rules and service contracts
6 A hospital operator must ensure that the general bylaws, the rules
made under the general bylaws or any service contracts address the
following matters with respect to the health services sector in the
approved hospital:
(
a) the establishment of a system to clearly identify various
classifications of the medical staff and professional staff;
(
b) the regular attendance to patients by an attending member
and procedures respecting the naming of an alternate member
of the medical staff or professional staff who may be called
when the attending member is not available;
(
c) emergency call rosters of the medical staff and professional
staff;
(
d) the management of the timing and rate of admission of
patients, other than emergency admissions;
(
e) routine stop orders on antibiotics, narcotics, anticoagulants,
sedatives and other potentially dangerous drugs;
(
f) the posting of no smoking signs in rooms where oxygen is
used;
(
g) pre-natal antibody screening and blood grouping;
(
h) the screening of newborns for treatable conditions;
(
i) procedures respecting the notification of the medical officer
of health of all cases of notifiable diseases set out in the
Communicable Diseases Regulation (AR 238/85);
(
j) procedures respecting the handling of infections and methods
of isolation;
(
k) the establishment of an infection control committee and its
powers, duties, responsibilities and functions;
(
l) post-mortem care;
(
m) requirements respecting the completion of hospital service
records within a minimum period after a patient's transfer or
discharge from the health services sector in the approved
hospital and the specific actions to be taken if the
requirements are not met;
(
n) any other matters the hospital operator considers necessary.
Approved Hospital Facilities
Approval of acquisition or disposal
of land, facilities or equipment
7(1) A hospital operator other than a provincial health agency or
provincial health corporation must not
(
a) purchase or otherwise acquire land for purposes related to the
health services sector in the approved hospital without the
sector Minister's approval of the general location and the
specific site, or
(
b) sell, lease or otherwise dispose of land or facilities in the
health services sector in the approved hospital without the
sector Minister's approval.
(2) A hospital operator that is a provincial health agency or provincial
health corporation must not dispose of by lease any land or facilities in
the health services sector in the approved hospital without the sector
Minister's approval.
(3) A hospital operator must not dispose of equipment of the health
services sector in the approved hospital except in accordance with the
policy established by the sector Minister.
(4) For greater certainty, the Real Property Governance Act applies to
a hospital operator that is a provincial health agency or provincial
health corporation.
Approval of construction, alteration or renovation
8(1) Subject to subsection (2), a hospital operator must not undertake
or authorize any construction, alteration or renovation of the facilities
in the health services sector in the approved hospital without the sector
Minister's approval.
(2) Subsection (1) does not apply with respect to normal or emergency
repair work.
Approval of upgrading
9(1) A hospital operator must not undertake or authorize any
upgrading of the facilities in the health services sector in the approved
hospital without the sector Minister's approval.
(2) The sector Minister must consider the following factors when
determining whether to approve the upgrading of the facilities in a
health services sector in an approved hospital:
(
a) the utilization of the hospital services delivered in the health
services sector in the approved hospital;
(
b) the condition of the facilities;
(
c) the need for hospital services in the health services sector in
the approved hospital, as determined by the oversight
Minister and sector Minister.
Approval of plans, etc.
10(1) A hospital operator must, in accordance with the procedures
established by the sector Minister, submit to the sector Minister for
approval all plans for the proposed construction, alteration, renovation
or upgrading of the facilities in the health services sector in the
approved hospital.
(2) A hospital operator must not enter into an agreement for the
construction, alteration, renovation or upgrading of the facilities in the
health services sector in the approved hospital before the sector
Minister approves the final plans, specifications and contract
documents, including tenders, for the construction, alteration,
renovation or upgrading.
(3) Subsection (2) does not apply with respect to the construction,
alteration, renovation or upgrading of the facilities in the health
services sector in an approved hospital if
(
a) the hospital operator and the sector Minister enter into an
agreement setting out the responsibilities of each party with
respect to the construction, alteration, renovation or
upgrading of the facilities, and
(
b) the sector Minister approves the hospital operator's use of a
contract management system in respect of the construction,
alteration, renovation or upgrading of the facilities.
Approval of changes
11 A hospital operator must not, without the sector Minister's
approval, make changes to
(
a) a construction, alteration, renovation or upgrading approved
by the sector Minister, or
(
b) the final plans, specifications or contract documents,
including tenders, approved by the sector Minister.
Compliance with legislation, codes and standards
12(1) A hospital operator must ensure that the construction, alteration,
renovation or upgrading of the facilities in the health services sector in
the approved hospital is carried out in compliance with
(
a) applicable building codes and standards and related Acts or
regulations,
(
b) the minimum standards of basic construction for approved
hospitals as determined by the Minister responsible for the
Real Property Governance Act, and
(
c) the planning requirements approved by the oversight
Minister.
(2) A hospital operator must ensure that the facilities in the health
services sector in the approved hospital comply with the applicable
Acts, regulations, codes and standards during and after construction,
alteration, renovation or upgrading.
Operation of Approved Hospitals
Capacity of approved hospitals with
one health services sector
13(1) In an approved hospital with one health services sector,
(
a) the oversight Minister must establish the official rated
capacity of the approved hospital, and
(
b) the sector Minister must establish the rated bed capacity of
the health services sector in the approved hospital.
(2) The rated bed capacity of the health services sector in the approved
hospital must not exceed the official rated capacity of the approved
hospital.
Capacity of approved hospitals with
multiple health services sectors
14(1) In an approved hospital with more than one health services
sector,
(
a) the oversight Minister must, after consulting with the sector
Minister for each health services sector in the approved
hospital, establish the official rated capacity of the approved
hospital, and
(
b) the sector Minister for each health services sector in the
approved hospital must, after consulting with the oversight
Minister, establish the rated bed capacity of the health
services sector for which the sector Minister is responsible.
(2) The rated bed capacity of a health services sector in the approved
hospital, when combined with the rated bed capacity of the other
health services sectors in the approved hospital, must not exceed the
official rated capacity of the approved hospital.
Changes in capacity
15(1) A hospital operator must not, without the sector Minister's
approval, change the rated bed capacity of the health services sector in
the approved hospital if the change in the rated bed capacity is
intended to continue for more than 60 days.
(2) The sector Minister must not approve a proposed change under
subsection (1) with respect to
(
a) an approved hospital with one health services sector if that
change would cause the number of beds in the health services
sector in the approved hospital to exceed the official rated
capacity of the approved hospital established by the oversight
Minister under
section 13(1)(a), and
(
b) an approved hospital with more than one health services
sector if that change would, when combined with the rated
bed capacity of the other health services sectors in the
approved hospital, exceed the official rated capacity of the
approved hospital established by the oversight Minister under
section 14(1)(a).
Approval to introduce, change or terminate services
16 A hospital operator must not, without the sector Minister's
approval,
(
a) introduce
(
i) a new hospital service, or
(ii) a new service related to the management and operation
of the health services sector in the approved hospital,
(
b) make a major change to or terminate
(
i) an existing hospital service, or
(ii) an existing service related to the management and
operation of the health services sector in the approved
hospital.
Approval to introduce, change or terminate
education and training programs
17(1) In this section,
(a) "education and training program" means a program operated
or provided by a hospital operator in the health services
sector in the approved hospital for the education and training
of hospital staff or students associated with the health
services sector in the approved hospital but does not include
on-the-job training for hospital staff;
(b) "relevant Minister" means
(
i) the sector Minister, with respect to an education and
training program not directly associated with a
hospital-based nursing education program, and
(ii) the Minister responsible for the Post-secondary
Learning Act, with respect to an education and training
program directly associated with a hospital-based
nursing education program.
(2) A hospital operator must not, without the approval of the relevant
Minister,
(
a) introduce a new education and training program, or
(
b) make a major change to or terminate an existing education
and training program.
Accreditation of hospital operators
18 A hospital operator must not operate a health services sector in an
approved hospital or deliver hospital services in a health services
sector in an approved hospital unless it holds a valid certificate of
accreditation from an accrediting body, as determined by the oversight
Minister, with respect to the health services sector in the approved
hospital.
Hospital Staff
Procedures in medical staff bylaws
19 A hospital operator and the medical staff must carry out the
provisions of sections 20 to 22 in accordance with the procedures set
out in or established under the medical staff bylaws.
Appointment of medical staff
20(1) A hospital operator may appoint or reappoint a member of the
medical staff on a permanent basis or for a specified term.
(2) A hospital operator may review, suspend or terminate the
appointment of a member of the medical staff.
(3) The medical staff must be involved in the procedures for the
establishment of medical staff bylaws and appointments to medical
staff.
Hospital privileges
21(1) A hospital operator must delineate the hospital privileges
granted to each member of the medical staff, taking into consideration
(
a) the member's training and ability,
(
b) the circumstances, environment and context in which the
member practices,
(
c) the training, level of experience and availability of other
hospital staff,
(
d) the hospital services delivered in the health services sector in
the approved hospital,
(
e) the need for the types of hospital services delivered in the
health services sector in the approved hospital and for the
medical staff who deliver those types of hospital services,
(
f) the capacity of the hospital staff and facilities, equipment and
resources of the health services sector in the approved
hospital, and
(
g) the location of the approved hospital.
(2) A hospital operator may vary, suspend or terminate the hospital
privileges granted to a member of the medical staff.
(3) Only a member of the medical staff may be granted hospital
privileges.
(4) A physician has no hospital privileges in a health services sector in
an approved hospital unless appointed to the medical staff.
Fluoroscopy privileges
22(1) In an emergency situation where no specialist radiologist is
available within a reasonable time, a member of the medical staff or
professional staff may request that a member of the medical staff who
is not a specialist radiologist carry out a fluoroscopy procedure.
(2) A hospital operator must not grant hospital privileges to carry out
fluoroscopy in the situation described in subsection (1) to a member of
the medical staff who is not a specialist radiologist unless that member
is approved by the College of Physicians and Surgeons of Alberta to
carry out fluoroscopy.
(3) The member of the medical staff or professional staff who makes a
request under subsection (1) must accept full professional
responsibility for the procedure.
Meetings of medical and professional staff
23(1) A hospital operator must ensure that the medical staff and
professional staff meet regularly for the purposes of reviewing and
evaluating the delivery of hospital services in the health services sector
in the approved hospital.
(2) The hospital operator must determine the composition and
frequency of the meetings.
(3) The medical staff or professional staff, as applicable, must provide
the administrator with a copy of the minutes of a meeting within 7 days
after the meeting at which the minutes were adopted.
(4) The administrator must retain the minutes of meetings in the
records of the health services sector in the approved hospital.
Health examinations and vaccinations
24(1) A hospital operator must establish and maintain a program of
health examinations for hospital staff based on the minimum
requirements the medical staff consider necessary for the protection of
hospital staff and patients.
(2) Notwithstanding subsection (1), the hospital operator, medical
staff and professional staff must comply with the provincial smallpox
and mpox vaccine policy for at-risk medical staff and professional
staff.
Notice to regulatory body
25(1) In this section, "regulatory body", with respect to a member of
the medical staff or professional staff, means the college under the
Health Professions Act that regulates the health profession of the
member.
(2) A hospital operator must advise the regulatory body of a member
of the medical staff or professional staff if any of the following occur:
(
a) the member's appointment as a member of the medical staff
or professional staff is suspended or terminated;
(
b) the member's hospital privileges are significantly varied,
suspended or terminated due to the member's incompetence,
negligence or misconduct;
(
c) the member resigns while the member's competence,
negligence or conduct is under investigation by the hospital
operator, the member's regulatory body or another body.
Expenses incurred in transfers
26(1) In this section,
(a) "transfer" means,
(
i) with respect to a patient, a transfer under
section
1.976993(2)(a)(iii) of the Act, or
(ii) with respect to an unadmitted person, a transfer to
another location that the sector Minister, provincial
health agency, hospital operator or administrator
considers appropriate;
(b) "unadmitted person" means a person who receives health
services in the health services sector in the approved hospital
but who is not admitted as a patient.
(2) If the attending member of a patient or of an unadmitted person
recommends that a member of the hospital staff accompany the patient
or unadmitted person during a transfer, the hospital operator must
reimburse the member of the hospital staff who accompanies the
patient or unadmitted person for any necessary expenses incurred with
respect to the transfer.
Admissions
Compliance with admissions provisions
27 A hospital operator is responsible for ensuring compliance with
sections 28 and 29.
Admission of patients
28(1) Only members of the medical staff and professional staff may
admit patients to a health services sector in an approved hospital.
(2) A member of the medical staff or professional staff who admits a
patient must record the following:
(
a) a medical history of the patient;
(
b) other relevant history;
(
c) a description of pertinent physical findings;
(
d) a description of pertinent findings respecting the mental
health of the patient;
(
e) a statement of the provisional diagnosis and treatment;
(
f) the results of pertinent investigations previously carried out,
if possible;
(
g) reports resulting from the diagnostic procedures prescribed
under the rules made under the medical staff bylaws as the
minimum required for a class of patient or medical
procedure.
(3) Subject to subsections (4) and (5), a member of the medical staff
or professional staff who admits a patient in an emergency situation
must record the information referred to in subsection (2) as soon as
possible and no later than 24 hours after the patient's admission.
(4) A resident or medical student who is appointed or employed in the
health services sector in the approved hospital and who is under the
direction of a member of the medical staff or professional staff may
record the information referred to in subsection (2)(
a) or (
b) for an
emergency or non-emergency admission.
(5) A resident or medical student who records information in
accordance with subsection (4) must do so no later than 48 hours after
the patient's admission.
Persons not requiring hospital services
29(1) In this section, "person not requiring hospital services" means a
person who accompanies a patient admitted to a health services sector
in an approved hospital but does not include a patient who has been
declared eligible for transfer or discharge under
section 1.976993(1) of
the Act.
(2) The hospital operator is responsible for the management of the
admissions and stays in the health services sector in the approved
hospital of persons not requiring hospital services.
(3) An attending member of a patient must assess whether it is
clinically necessary for a person not requiring hospital services to be
admitted to the health services sector in the approved hospital for the
purpose of accompanying the patient during the patient's stay in the
health services sector in the approved hospital.
(4) The hospital operator must ensure that the attending member's
assessment is considered by
(
a) the members of the medical staff or professional staff
designated by the hospital operator for that purpose,
(
b) a hospital utilization committee, if one has been established
for the health services sector in the approved hospital, or
(
c) another body designated by the hospital operator for that
purpose.
(5) If the member, committee or body considering the attending
member's assessment determines that it is not clinically necessary to
admit the person not requiring hospital services, the person is
(
a) deemed not to be in need of hospitalization,
(
b) ineligible for insured services under
Part 3 of the Hospitals
Act, and
(
c) required to pay the non-entitled rate established by the
regulations made under that Part.
(6) The hospital operator must ensure that the attending member's
assessment and the determination of the member, committee or body
that considers the assessment are included in the patient's hospital
service records.
Standards of Hospital Services
Clinical policies and procedures
30(1) A hospital operator must establish and maintain written clinical
policies and procedures with respect to the delivery of hospital services
by members of the medical staff and professional staff in the health
services sector in the approved hospital.
(2) A hospital operator must ensure that
(
a) the policies and procedures referred to in subsection (1) are
reviewed at least annually, and
(
b) the up-to-date versions of the policies and procedures are
readily available to all members of the medical staff and
professional staff.
Nursing coverage
31 A hospital operator must ensure that adequate nursing coverage is
provided at all times in the health services sector in the approved
hospital.
Operating room management
32 The person in charge of an operating room must be a member of
the medical staff or professional staff with training in operating room
management or with equivalent experience.
Assistance at major surgery
33(1) In a health services sector in an approved hospital with a
clinical department, the primary physician performing an operation
must determine whether the assistance of a second physician is
required for the operation, taking into consideration
(
a) the type of surgery,
(
b) the circumstances of the operation, and
(
c) the knowledge and experience of the primary physician.
(2) In a health services sector in an approved hospital without a
clinical department, the assistance of a second physician is required
when performing the following operations:
(
a) an operation within or on the contents of the following
cavities:
(
i) the cranium;
(ii) the thorax;
(iii) the abdomen;
(iv) the pelvis;
(
b) an operation that, because of the type of surgery or the
circumstances of the operation, may constitute a distinct
hazard to life or health, including the following:
(
i) amputation of limbs;
(ii) anterior or posterior colporrhaphy;
(iii) axis ligation, deep ligation and stripping of varicose
veins;
(iv) caesarian section;
(
v) deep biopsy of lymph nodes;
(vi) deep removal of foreign body;
(vii) elective tracheostomy;
(viii) excision of branchial cleft cyst or sinus;
(ix) excision of thyroglossal duct cyst or sinus;
(
x) open reduction of fracture of long bones;
(xi) operative reduction of compound fracture, excluding
digits;
(xii) operative treatment of acute osteomyelitis or acute
suppurative arthritis;
(xiii) operative treatment of internal derangement of the knee
or other joints;
(xiv) operative treatment of severe hand injuries;
(xv) plastic repair of vaginal atresia;
(xvi) radical mastoidectomy;
(xvii) repair of complicated fistula in ano;
(xviii) repair of inguinal, double inguinal, femoral, umbilical
or strangulated hernia;
(xix) simple, total or radical mastectomy;
(xx) thyroidectomy;
(xxi) total or subtotal excision of parotid gland;
(xxii) vaginal operation combined with laparotomy.
(3) The provincial health agency established for the acute care health
services sector must consult the Alberta Medical Association with
respect to any proposed amendments to subsection (2)(b).
Records relating to surgery
34(1) Subject to subsection (2), the following information must be
completed with respect to a patient on whom an operation is to be
performed and made accessible to the surgical team before the
operation is performed:
(
a) a medical history;
(
b) other relevant history;
(
c) a description of pertinent physical findings;
(
d) a description of pertinent findings respecting the mental
health of the patient;
(
e) a statement of the provisional diagnosis and treatment;
(
f) the results of pertinent investigations previously carried out,
if possible;
(
g) reports resulting from the diagnostic procedures prescribed
under the rules made under the medical staff bylaws as the
minimum required for a class of patient or medical
procedure.
(2) In an emergency situation in which a delay in performing an
operation could have serious consequences for a patient,
(a) subsection (1) does not apply, and
(
b) the information referred to in subsection (1) must be
completed and made accessible to the medical staff and
professional staff as soon as possible after the operation is
performed.
Anaesthetic services
35(1) Where reasonably possible and subject to
section 36(1), a
member of the medical staff who provides anaesthetic services in a
health services sector in an approved hospital must have a minimum of
6 months' training in an anaesthetic training program approved by the
College of Physicians and Surgeons of Alberta.
(2) A member of the medical staff or professional staff administering
a surgical anaesthetic must not commence administration of the
anaesthetic before the surgical team is available in the health services
sector in the approved hospital and prepared to begin the operation.
Surgical anaesthetics
36(1) In an emergency situation where no member of the medical
staff having the training referred to in
section 35(1) is available within
a reasonable time, the primary physician performing an operation or
the physician assisting with the operation may request that a member
of the medical staff or professional staff administer a surgical
anaesthetic.
(2) A hospital operator must not
(
a) grant hospital privileges to administer a surgical anaesthetic
in the situation described in subsection (1) to a member of
the medical staff who does not have the training referred to in
section 35(1) unless the member of the medical staff is
approved by the College of Physicians and Surgeons of
Alberta to administer surgical anaesthetics, or
(
b) allow a member of the professional staff to administer a
surgical anaesthetic unless the situation described in
subsection (1) exists.
(3) The physician who makes a request under subsection (1) must
accept full professional responsibility for the administration of the
surgical anaesthetic.
Deferral or relocation of surgery
37(1) Before an operation is performed on a patient, an attending
member must critically review, with respect to the patient's need for
mechanical ventilator support in the immediate post-operative period,
(
a) the state of the patient, and
(
b) the anaesthetic techniques to be used during the operation.
(2) If the attending member determines under subsection (1) that
mechanical ventilator support may be required but the equipment or
the medical staff or professional staff trained in its use will not be
available for the patient, the attending member must defer the
operation or arrange for the operation to be performed in a health
services sector in an approved hospital where adequate post-operative
care is available.
(3) In a health services sector in an approved hospital where adequate
post-operative care for a high-risk patient requiring major elective or
emergency surgery may not be available, the attending member must
consider arranging for the operation to be performed in a health
services sector in an approved hospital where adequate post-operative
care is available.
Precautions re foreign bodies
38(1) A hospital operator must ensure that the medical staff and
professional staff take adequate precautions to prevent the retention of
an undesirable foreign body in a patient's
(
a) peritoneum in abdominal surgery,
(
b) pleura in chest surgery, or
(
c) subcutaneous tissue in other surgery.
(2) An attending member must record the precautions taken on the
patient's hospital service record.
Examination of removed tissues
39(1) Subject to subsection (5), a hospital operator must ensure that
tissues removed during an operation are preserved and delivered for
examination to a pathologist registered in that specialty in Alberta and
appointed to the medical staff.
(2) Notwithstanding subsection (1), if a hospital operator has not
appointed a pathologist to the medical staff, the hospital operator must
ensure the tissues are delivered to a pathologist employed by a
provincial public health laboratory and may use the staff and facilities
of the provincial public health laboratory for the purposes of this
section.
(3) All tissues must be accompanied by a report that includes the
patient's name, sex, age, brief medical history and the circumstances
under which the tissue was removed.
(4) Pathology reports on tissues examined under this
section must be
provided to
(
a) the hospital operator or the administrator for inclusion in the
patient's hospital service records, and
(
b) the primary physician who performed the operation in which
the tissues were removed.
(5) This
section does not apply with respect to the following tissues:
(
a) blood clots;
(
b) bone fragments and ligaments;
(
c) bony ossicles (ears);
(
d) cartilage, external ear (plastic);
(
e) fingers;
(
f) foreign bodies (including bone plates, nails and screws);
(
g) hernial sac;
(
h) hydrocele sac;
(
i) intervertebral discs;
(
j) meningocele sac;
(
k) nasal septa when removed for obstruction only;
(
l) optic lens;
(
m) prepuces;
(
n) ribs removed incidental to chest surgery;
(
o) scar tissue;
(
p) secondary amputation stumps;
(
q) semilunar cartilages;
(
r) teeth;
(
s) tendon segments removed incidental to orthopaedic
procedures;
(
t) toes;
(
u) toenails and fingernails;
(
v) tonsils and adenoids (patients under 40);
(
w) vaginal wall fragments (plastic repair);
(
x) varicocele;
(
y) vein strippings.
Taking blood for transfusion and crossmatching
40 For the purposes of blood transfusion and crossmatching, only a
member of the medical staff or a qualified member of the professional
staff may take blood in the health services sector in the approved
hospital.
Syphilis testing of newborns
41 The hospital operator must ensure that
(
a) a blood sample is taken from each newborn born in the health
services sector in the approved hospital immediately after
delivery, and
(
b) the blood sample is provided to a provincial public health
laboratory for a serological test for syphilis.
Salmonella reports
42(1) If a hospital operator receives positive salmonella reports from
a provincial public health laboratory within a one-week period with
respect to 3 or more patients admitted to the health services sector in
the approved hospital, the administrator must notify the sector Minister
of the scope of infection and the factors that caused or contributed to
its spread.
(2) Subsection (1) does not absolve a hospital operator from notifying
the medical officer of health of all cases of notifiable diseases set out
in the Communicable Diseases Regulation (AR 238/85).
Disposal of needles and syringes
43 A hospital operator must ensure that disposable needles and
syringes used in the health services sector in the approved hospital are
(
a) rendered useless prior to their disposal, and
(
b) disposed of in such a manner that a person handling the
disposed needles and syringes will not be injured.
Autopsies
44(1) A hospital operator must ensure that an autopsy is performed,
whenever possible and provided facilities are available, in the
following cases:
(
a) deaths with respect to which the cause of death is in doubt;
(
b) deaths that occur during an operation or within 10 days after
an operation is performed.
(2) A medical examiner may request an autopsy.
(3) The medical staff must consider performing an autopsy if the
autopsy may add to the medical knowledge of the medical staff.
(4) An autopsy must not be performed under subsection (3) unless
permission for the autopsy has been received from the next of kin of
the deceased or the personal representative of the deceased as defined
in the Estate Administration Act.
Removal of bodies
45(1) A body must not be removed from a health services sector in an
approved hospital until
(
a) a member of the medical staff
(
i) examines the body,
(ii) records the time of death, and
(iii) signs the applicable certificate required under the Vital
Statistics Act,
(
b) the administrator authorizes the removal of the body, and
(
c) if an autopsy was performed, the person who performed the
autopsy or a representative of the hospital operator on behalf
of the person who performed the autopsy
(
i) records that
(
A) the next of kin of the deceased has been informed
that an autopsy was performed, or
(
B) if the next of kin of the deceased is unavailable,
the appropriate person, as determined in
accordance with
section 36 of the Funeral Services
General Regulation (AR 226/98), has been
informed that an autopsy was performed,
and
(ii) signs the record.
(2) If death was caused by a communicable disease as defined in the
Public Health Act, the hospital operator must notify the relevant
funeral home of the cause of death when the body is removed from the
health services sector in the approved hospital.
Information and Records Management
Hospital service records
46(1) The hospital service records of an in-patient must contain
sufficient information to justify the diagnosis and the hospital services
delivered to the in-patient, including
(
a) the information required under
section 28(2),
(
b) provisional and final diagnoses,
(
c) reports of diagnostic and treatment procedures,
(
d) reports of consultations,
(
e) surgical and anaesthetic records,
(
f) progress notes,
(
g) orders for treatment, and
(
h) a discharge
summary, as applicable.
(2) The records referred to in subsection (1) must be signed by an
attending member.
(3) In addition to the records referred to in subsection (1), the hospital
service records of an in-patient must contain any records provided to
the hospital operator by the following persons if they are sufficiently
recent to be relevant to the in-patient's current status:
(
a) the hospital operator of another health services sector in the
approved hospital;
(
b) the hospital operator of a health services sector in another
approved hospital;
(
c) the medical director of an accredited medical facility as
defined in
Schedule 21 of the Health Professions Act;
(
d) a continuing care home operator as defined in the Continuing
Care Act;
(
e) the operator of a location to which the in-patient had
previously been transferred or discharged under
section
1.976993(2)(a)(iii) or (b)(iii) of the Act;
(
f) any health services provider or the operator of any other
hospital or facility in which health services are delivered in
Alberta or outside Alberta.
(4) An attending member of an out-patient must complete the medical
record portion of the hospital service records in the prescribed form
within 24 hours after the hospital services have been delivered to the
out-patient.
(5) If a patient dies during an operation or within 10 days after an
operation is performed, the primary physician who performed the
operation and the member of the medical staff or professional staff
who administered the surgical anaesthetic must prepare reports of the
surgical and anaesthetic events, respectively, preceding the patient's
death in addition to the routine surgical and anaesthetic records that
must be kept with respect to surgical patients.
(6) The hospital operator must ensure that hospital service records are
legible, accurate and complete.
Verification of orders for treatment
47(1) An order for treatment issued by a member of the medical staff
or professional staff must be
(
a) in writing, and
(
b) signed and dated by the member or by a resident or medical
student who is appointed or employed in the health services
sector in the approved hospital and who is under the direction
of the member of the medical staff or professional staff.
(2) An order for treatment is considered to be in writing if
(
a) the member of the medical staff or professional staff issuing
the order dictates it to another member of the medical staff or
professional staff,
(
b) the member to whom the order is dictated dates the order,
writes their name on it and signs it on behalf of the member
issuing the order, and
(
c) the member issuing the order dates the order and
countersigns it within 24 hours after dictating it.
Retention of hospital service records
48(1) Subject to subsection (2), a hospital operator must retain a
patient's hospital service records for a period of 10 years after the date
on which the patient is transferred or discharged from the health
services sector of the approved hospital in which the hospital services
were delivered.
(2) If the patient was a minor at the time the hospital services were
delivered, the hospital operator must retain the patient's hospital
service records for the longer of
(a) 10 years after the date on which
(
i) the in-patient is transferred or discharged from the
health services sector in the approved hospital, or
(ii) the out-patient last received hospital services in the
health services sector in the approved hospital,
(b) 2 years after the date of the patient's 18th birthday.
(3) A hospital operator may retain hospital service records for any
additional period that the hospital operator considers necessary.
(4) Notwithstanding subsections (1) and (2),
(
a) if a patient's hospital service records are microfilmed after
the patient has been transferred or discharged from the health
services sector in the approved hospital, the original records
may be destroyed one year after the date on which the patient
was transferred or discharged, and
(
b) a patient's x-ray films may be destroyed 5 years after the date
on which the patient is transferred or discharged from the
health services sector in the approved hospital.
Retention of Health Facilities Act records, etc.
49(1) Subject to subsection (2), a hospital operator must retain a
statement referred to in
section 5(3)(
b) of the Health Facilities Act for
a period of at least 10 years after the date on which the patient was
transferred or discharged from the health services sector in the
approved hospital in which the insured surgical service was provided.
(2) If the patient was a minor at the time the insured surgical service
was provided, the hospital operator must retain the statement for the
longer of
(a) 10 years after the date on which the patient is transferred or
discharged from the health services sector in the approved
hospital, or
(b) 2 years after the date of the patient's 18th birthday.
(3) A hospital operator must retain all records and documents
necessary to determine whether the Health Facilities Act and the
regulations under that Act have been complied with respecting the
provision of enhanced medical goods or services and non-medical
goods or services in the health services sector in the approved hospital
that
(
a) relate to the provision of insured surgical services in the
health services sector in the approved hospital, or
(
b) arise out of an admission to the health services sector in the
approved hospital.
(4) The hospital operator must retain the records and documents
referred to in subsection (3) for a period of 6 years after they are
created.
Storage of records, etc.
50 A hospital operator may store hospital service records and the
statements, records and documents referred to in
section 49 in a format
that will provide a copy of the hospital service records or the
statements, records or documents in a legible written form within a
reasonable time.
Offences
Offences
51 A person who contravenes
section 7(1), (2) or (4), 8(1) or 16 is
guilty of an offence and liable to a fine of not more than $2000 in the
case of a first offence and $5000 in the case of a subsequent offence.
Expiry and Coming into Force
Expiry
52 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 July 30, 2035.
Coming into force
53 This Regulation comes into force on the coming into force of
section 45(15) of the Health Statutes Amendment Act, 2025.
--------------------------------
Alberta Regulation 212/2025
Provincial Health Agencies Act
PROVINCIAL HEALTH AGENCIES ACT
TRANSITIONAL REGULATION
Filed: September 17, 2025
For information only: Made by the Lieutenant Governor in Council (O.C. 292/2025)
on September 17, 2025 pursuant to
section 1.97699994 of the Provincial Health
Agencies Act.
Table of Contents
Definitions
Hospitals Act Transitional Provisions
2 General bylaws
3 Medical staff bylaws
4 Access to hospital facilities
5 Discharge, transfer and removal of patients
6 Appeals
7 Investigation or mediation committee
8 Committee of inquiry
9 Ministerial orders
Operation of Approved Hospitals Regulation
Transitional Provisions
10 Review of proposed activities
11 Ministerial approval of activities
12 Board resolutions
13 Policies re disposal of equipment
14 Exception to requirement for approval of final plans
15 Standards and planning requirements
16 Capacity
17 Medical staff appointments, reviews and suspensions
18 Medical staff privileges
Coming into Force
19 Coming into force
Definitions
1 In this Regulation,
(a) "board" means the board, as defined in
section 9 of the
former Act, of a former hospital;
(b) "former Act" means the Hospitals Act as it read immediately
before the coming into force of
section 30(3) of the Health
Statutes Amendment Act, 2025;
(c) "former hospital" means an approved hospital under the
former Act;
(d) "former regulation" means the Operation of Approved
Hospitals Regulation (AR 247/90) as it read immediately
before the coming into force of
section 30(3) of the Health
Statutes Amendment Act, 2025;
(e) "Health Minister" means the Minister determined under
section 16 of the Government Organization Act as the
Minister responsible for the former Act;
(f) "new Act" means the Provincial Health Agencies Act as it
reads on the coming into force of
section 45(15) of the
Health Statutes Amendment Act, 2025;
(g) "new regulation" means the Operation of Approved
Hospitals Regulation made under the new Act;
(h) "relevant health services sector" means, with respect to a
former hospital, the health services sector in a successor
hospital where the same or similar hospital services were
delivered in the former hospital;
(i) "successor hospital" means an approved hospital that was,
before being designated under
section 1.9763 of the new Act,
a former hospital.
Hospitals Act Transitional Provisions
General bylaws
2(1) The general bylaws enacted by a board under
section 11(1) or
22(3)(
a) of the former Act with respect to a former hospital are deemed
(
a) to be the general bylaws of a hospital operator in the
successor hospital, and
(
b) to have been approved by the sector Minister in accordance
with
section 1.9769 or 1.97694 of the new Act, as applicable.
(2) If the general bylaws referred to in subsection (1) were enacted
under
section 22(3)(
a) of the former Act,
section 1.97694(3) to (5) of
the new Act apply to the deemed general bylaws of the hospital
operator as if the sector Minister had directed the hospital operator to
make the general bylaws under
section 1.97694(2)(
a) of the new Act.
(3) The rules adopted by a board under
section 11(3) of the former Act
with respect to a former hospital are deemed to be the rules made
under the general bylaws of a hospital operator in the successor
hospital.
Medical staff bylaws
3(1) The medical staff bylaws adopted by the medical staff of a
former hospital under
section 17 or 22(3)(
a) of the former Act are
deemed
(
a) to be the medical staff bylaws of the medical staff of a
hospital operator in the successor hospital, and
(
b) to have been approved,
(
i) with respect to medical staff bylaws adopted under
section 17 of the former Act, by the hospital operator
and sector Minister in accordance with
section 1.97692
of the new Act, or
(ii) with respect to medical staff bylaws adopted under
section 22(3)(
a) of the former Act, by the sector
Minister in accordance with
section 1.97694 of the new
Act.
(2) If the medical staff bylaws referred to in subsection (1) were
adopted under
section 22(3)(
a) of the former Act,
section 1.97694(3) to
(5) of the new Act apply to the deemed medical staff bylaws as if the
sector Minister had directed the medical staff of the hospital operator
to make the medical staff bylaws under
section 1.97694(2)(
b) of the
new Act.
(3) The rules adopted by the medical staff of a former hospital under
section 17(6)(
a) of the former Act are deemed to be the rules made
under the deemed medical staff bylaws of the medical staff of a
hospital operator in the successor hospital.
Access to hospital facilities
4 The access to hospital facilities granted by a board to a physician or
health care practitioner under
section 13 of the former Act is deemed
to be granted by the hospital operator, on the same terms and
conditions, to the physician or health care practitioner under
section
1.976991(1) of the new Act with respect to the facilities in the health
services sector in the successor hospital in which the physician or
health care practitioner is appointed, employed or engaged for services
by the hospital operator.
Discharge, transfer and removal of patients
5(1) If a declaration is made by the Health Minister, board or
administrator of a former hospital under
section 31(1)(
a) of the former
Act,
(
a) the declaration is deemed to be a declaration made by the
sector Minister or provincial health agency of the relevant
health services sector, the hospital operator or the
administrator, as applicable, in accordance with
section
1.976993(1) of the new Act, and
(
b) the patient who is the subject of the declaration made under
the former Act is deemed to be a patient under the new Act.
(2) A notice given by a board or representative of a board under
section 32(2) of the former Act is deemed to be a notice given by the
hospital operator of the relevant health services sector or the
administrator under
section 1.976994(2) of the new Act.
Appeals
6(1) The rules made by the Appeal Board under
section 19(1) of the
former Act are deemed to be the rules of the Appeal Board made under
section 1.976998(1) of the new Act.
(2) If a decision was appealed under
section 21(1) of the former Act
and the appeal was not decided before the coming into force of this
section, the appeal is continued and must be decided in accordance with
the former Act as if
Part 2 of the former Act had not been repealed.
Investigation or mediation committee
7 If the Health Minister authorized an investigation or mediation
under
section 27(1) of the former Act but the investigation or
mediation was not concluded before the coming into force of this
section,
(
a) the investigation or mediation is continued and must be
concluded in accordance with
section 27 of the former Act as
if that
section had not been repealed,
(
b) a person or entity designated to conduct or participate in the
investigation or mediation under
section 27(2) of the former
Act
(
i) continues to be designated as if
section 27 of the former
Act had not been repealed, and
(ii) has the powers, duties, privileges and functions of a
designated person or entity under
section 27 of the
former Act as if that
section had not been repealed,
and
(
c) the committee, members and chair referred to in
section
27(3) and (4) of the former Act
(
i) continue as the committee, members and chair as if
section 27 of the former Act had not been repealed, and
(ii) have the powers, duties, privileges and functions of the
committee, members and chair under
section 27 of the
former Act as if that
section had not been repealed.
Committee of inquiry
8 If the Health Minister appointed a committee of inquiry under
section 29(1) of the former Act and referred a question to the
committee or a member or members of the committee for the purpose
of making an inquiry but the inquiry was not concluded before the
coming into force of this section,
(
a) the inquiry is continued and must be concluded in accordance
with
section 29 of the former Act as if that
section had not
been repealed, and
(
b) the committee and members
(
i) continue as the committee and members as if
section 29
of the former Act had not been repealed, and
(ii) have the powers, duties, privileges and functions of the
committee and members under
section 29 of the former
Act as if that
section had not been repealed.
Ministerial orders
9 Notwithstanding the repeal of
section 28(2)(
b) of the former Act, an
order made under that
section continues to have effect in relation to
matters under the new Act until the order is rescinded by the Health
Minister.
Operation of Approved Hospitals Regulation
Transitional Provisions
Review of proposed activities
10 If the Health Minister required that a board's proposed activity be
reviewed and approved by a regional health authority under
section 2.1
of the former regulation,
(
a) if the regional health authority reviewed and approved the
proposed activity, that approval is deemed to be the approval
by the provincial health agency established for the relevant
health services sector as required under
section 2(1) of the
new regulation for the hospital operator of the relevant health
services sector to carry out the activity, and
(
b) if the regional health authority did not complete its review of
the proposed activity before the coming into force of this
section, the review is continued and must be completed by
the provincial health agency established for the relevant
health services sector with respect to the hospital operator of
the relevant health services sector.
Ministerial approval of activities
11(1) If the Health Minister gave approval for a board or former
hospital to carry out an activity referred to in
(
a) section 3 or 28 of the former regulation, that approval is
deemed to be the sector Minister's approval as required
under
section 16 of the new regulation,
(b)
section 4(1), (2), (4) or (6) of the former regulation, that
approval is deemed to be the sector Minister's approval as
required under
section 8(1), 9(1), 10(2) or 11 of the new
regulation, respectively,
(
c) section 5(
a) of the former regulation, that approval is deemed
to be the sector Minister's approval as required under 7(1)(
a) of the new regulation,
(
d) section 5(
b) of the former regulation, that approval is deemed
to be the sector Minister's approval as required under
(i)
section 7(1)(
b) of the new regulation with respect to a
hospital operator other than a provincial health agency
or provincial health corporation, and
(ii)
section 7(2) of the new regulation with respect to a
hospital operator that is a provincial health agency or
provincial health corporation,
(
e) section 5(
c) of the former regulation, that approval is deemed
to be the sector Minister's approval as required under
section
7(3) of the new regulation, and
(f)
section 29(1)(
a) of the former regulation, that approval is
deemed to be the sector Minister's approval as required
under
section 17(2) of the new regulation with respect to an
education and training program described in
section
17(1)(b)(
i) of the new regulation.
(2) If the Minister of Advanced Education gave approval for a former
hospital to carry out an activity referred to in
section 29(1)(
b) of the
former regulation, that approval is deemed to be the approval of the
Minister responsible for the Post-secondary Learning Act as required
under
section 17(2) of the new regulation with respect to an education
and training program described in
section 17(1)(b)(ii) of the new
regulation.
(3) A deemed approval under subsection (1) or (2) is approval for the
hospital operator of the relevant health services sector to carry out the
activity approved under the former regulation.
(4) A deemed approval under subsection (1)(
a) continues to be subject
to any recommendations made by the district or regional planning
council under
section 3 of the former regulation.
Board resolutions
12 A resolution of the board under
section 30(1) of the former
regulation is deemed to be a resolution of a hospital operator in a
successor hospital under
section 4 of the new regulation only if the
hospital operator is not a provincial health agency or provincial health
corporation.
Policies re disposal of equipment
13 The policies established by the Health Minister under
section 5(
c) of the former regulation are deemed to have been established by the
sector Minister under
section 7(3) of the new regulation with respect to
the hospital operators in the health services sector of the sector
Minister.
Exception to requirement for approval of final plans
14 If the requirements set out in
section 4(5)(
a) and (
b) of the former
regulation were met with respect to a construction or renovation
project,
(
a) the rights, benefits, obligations and responsibilities of the
Health Minister and the board under the agreement referred
to in
section 4(5)(
a) of the former regulation are assigned or
transferred to the sector Minister and the hospital operator of
the relevant health services sector, and
(
b) the Health Minister's approval under
section 4(5)(
b) of the
former regulation is deemed to be the sector Minister's
approval under
section 10(3)(
b) of the new regulation.
Standards and planning requirements
15(1) The minimum standards of basic construction adopted by the
Health Minister under
section 6 of the former regulation are deemed to
be the minimum standards of basic construction as determined by the
Minister responsible for the Real Property Governance Act as required
under
section 12(1)(
b) of the new regulation.
(2) The planning requirements adopted by the Health Minister under
section 6 of the former regulation are deemed be the planning
requirements approved by the oversight Minister as required under
section 12(1)(
c) of the new regulation.
Capacity
16(1) The official rated capacity of a former hospital under
section
4(8) of the former regulation is deemed
(
a) to be the official rated capacity of the successor hospital, and
(
b) to have been established by the oversight Minister in
accordance with
section 13(1)(
a) or 14(1)(a), as applicable,
based on the number of health services sectors in the
successor hospital.
(2) If the Health Minister approved a change to the rated bed capacity
of a former hospital under
section 8(1) of the former regulation, that
approval is deemed to be the approval by the sector Minister of the
relevant health services sector of the same change in the rated bed
capacity of the relevant health services sector in the successor hospital
under
section 15 of the new regulation.
Medical staff appointments, reviews and suspensions
17(1) A physician appointed by a board to the medical staff of a
former hospital under
section 32(1) of the former regulation is deemed
operator to the medical staff of the relevant health services sector of
the successor hospital under
section 20(1) of the new regulation.
(2) If a board commenced a review of the appointment of a member of
the medical staff of the former hospital under
section 32(3) of the
former regulation but the review was not concluded before the coming
into force of this section,
(
a) the review is continued and must be concluded in accordance
with
section 32(3) of the former regulation as if that
section
had not been repealed, and
(
b) the hospital operator of the relevant health services sector has
the powers, duties, privileges and functions of the board
under
section 32(3) as if that
section had not been repealed.
(3) If a board suspended the appointment of a member of the medical
staff of the former hospital under
section 32(3) of the former
regulation,
(
a) the suspension continues on and after the coming into force
section 32(3) of the former regulation as if that
section had
not been repealed, and
(
b) the hospital operator of the relevant health services sector has
the powers, duties, privileges and functions of the board
under
section 32(3) of the former regulation with respect to
the suspension as if that
section had not been repealed.
Medical staff privileges
18 A member of the medical staff of a former hospital granted
privileges under
section 33 of the former regulation is deemed to have
been granted the same hospital privileges, on the same terms and
conditions, by the hospital operator of the relevant health services
sector of the successor hospital under
section 21 of the new regulation.
Coming into Force
Coming into force
19 This Regulation comes into force on the coming into force of
section 30(3) of the Health Statutes Amendment Act, 2025.
Alberta Regulation 213/2025
Provincial Health Agencies Act
PROVINCIAL HEALTH AGENCIES ACT (CONSEQUENTIAL
AMENDMENTS) REGULATION, 2025 (NO. 2)
Filed: September 17, 2025
For information only: Made by the Lieutenant Governor in Council (O.C. 293/2025)
on September 17, 2025 pursuant to
section 24.01 of the Provincial Health Agencies
Act.
1(1) The Condominium Property Regulation (AR 168/2000)
is amended by this section.
(2) Schedule 2 is amended in
section 2(
c) by striking out
", an approved hospital under the Hospitals Act or a provincial health
agency, regional health authority or provincial health corporation"
and substituting "or a provincial health agency, regional health
authority, provincial health corporation or hospital operator".
2(1) The General Regulation (AR 249/98) is amended by this
section.
(2) Schedule 2 is amended in
section 3(
c) by striking out
", an approved hospital under the Hospitals Act or a provincial health
agency, regional health authority or provincial health corporation"
and substituting "or a provincial health agency, regional health
authority, provincial health corporation or hospital operator".
3(1) The General Regulation (AR 226/98) is amended by this
section.
(2) Schedule 3 is amended in
section 3(
c) by striking out
", an approved hospital under the Hospitals Act or a provincial health
agency, regional health authority or provincial health corporation"
and substituting "or a provincial health agency, regional health
authority, provincial health corporation or hospital operator".
4(1) The Management Body Operation and Administration
Regulation (AR 243/94) is amended by this section.
(2) Section 26(2)(
b) is amended by striking out "an approved
hospital under the Hospitals Act, a provincial health agency, regional
health authority or provincial health corporation" and substituting
"a provincial health agency, regional health authority, provincial health
corporation or hospital operator".
5(1) The Provincial Health Agencies (Ministerial) Regulation
(AR 17/95) is amended by this section.
(2) Section 1 is amended
(
a) by repealing subsection (1) and substituting the
following:
Reports and returns
1(1) A provincial health agency, by notice in writing, may
require a hospital operator or a community health council
delivering health services in the health services sector to provide
the provincial health agency with a report or return relating to the
operations of the hospital operator or community health council
or its delivery of health services in the health services sector.
(
b) in subsection (3) by striking out "An existing health
authority" and substituting "A hospital operator".
6(1) The Vital Statistics Information Regulation (AR
108/2018) is amended by this section.
(2) Section 41(1)(
c) is repealed and the following is
substituted:
(
c) a representative of a provincial health agency, regional health
authority, provincial health corporation or hospital operator
under the Provincial Health Agencies Act;
7 This Regulation comes into force on the coming into
force of
section 45(15) of the Health Statutes Amendment
Act, 2025.
--------------------------------
Alberta Regulation 214/2025
Provincial Health Agencies Act
PROVINCIAL HEALTH AGENCIES ACT (CONSEQUENTIAL
AMENDMENTS) REGULATION, 2025 (NO. 3)
Filed: September 17, 2025
For information only: Made by the Lieutenant Governor in Council (O.C. 294/2025)
on September 17, 2025 pursuant to
section 24.01 of the Provincial Health Agencies
Act.
1(1) The Alberta Public Agencies Governance Exemption
Regulation (AR 170/2020) is amended by this section.
(2) Section 2 is amended by striking out "or regional health
authority".
2(1) The Artificial Tanning Regulation (AR 233/2017) is
amended by this section.
(2) Section 5 is repealed and the following is substituted:
Enforcement officers
5 Individuals designated as executive officers under
section 16 of
the Public Health Act are designated as enforcement officers for the
purposes of the Act.
3(1) The Assured Income for the Severely Handicapped
General Regulation (AR 91/2007) is amended by this
section.
(2) Schedule 3 is amended in sections 2(1)(
c) and 7 by
striking out "or a regional health authority".
4 The Community Health Councils (Ministerial) Regulation
(AR 193/97) is repealed.
5 The Community Health Councils Regulation (AR 202/97)
is repealed.
6(1) The Community Treatment Order Regulation
(AR 337/2009) is amended by this section.
(2) Section 1(
g) is repealed.
(3) Section 4 is amended by striking out ", regional health
authority" wherever it occurs.
(4) Section 7(2)(
c) is amended by striking out ", if that person is
not the regional health authority".
7(1) The Condominium Property Regulation (AR 168/2000)
is amended by this section.
(2) Schedule 2 is amended in
section 2(
c) by striking out
"regional health authority,".
8(1) The Conflicts of Interest Act
Part 4.3 Designation Order
(AR 42/2018) is amended by this section.
(2) The
Schedule is amended in Table 1 by striking out
PRIMARY AND PREVENTATIVE HEALTH SERVICES
Alberta Precision Laboratories Ltd.
CEO
CEO
Provincial health agency for the primary
care health services sector
CEO
Regional Health Authority
CEO
and substituting
PRIMARY AND PREVENTATIVE HEALTH SERVICES
Alberta Precision Laboratories Ltd.
CEO
CEO
Provincial health agency for the primary
care health services sector
CEO
9(1) The Conflicts of Interest
Part 4.3 Inclusion Order
(AR 41/2018) is amended by this section.
(2) Section 2(
a) is amended by striking out ", regional health
authority".
10(1) The Continuing Care (Ministerial) Regulation
(AR 44/2024) is amended by this section.
(2) Section 14 is amended
(
a) by repealing subsection (1)(c);
(
b) in subsection (2) by striking out ", regional health
authority" wherever it occurs.
11(1) The Continuing Care Regulation (AR 21/2024) is
amended by this section.
(2) Section 1 is amended
(
a) by repealing clause (k);
(
b) in clauses (r), (
v) and (
z) by striking out ", regional
health authority".
(3) Sections 12(b), 13(b), 16(2), 19(2)(b), 21(2), 24 and 25(
a) are amended by striking out ", regional health authority"
wherever it occurs.
(4) Section 61 is amended
(
a) by repealing clause (b);
(
b) in clause (
d) by striking out ", regional health authority".
(5) Section 79(1)(c)(
i) is amended by striking out ", regional
health authority".
12(1) The Corrections Regulation (AR 205/2001) is amended
by this section.
(2) Section 1(2) is amended by striking out ", regional health
authority".
13(1) The Credit Union (Principal) Regulation (AR 249/89) is
amended by this section.
(2) Section 54(5)(b.1) is amended by striking out ", regional
health authority".
14(1) The Fatality Inquiries Regulation (AR 65/2000) is
amended by this section.
(2) Section 7.1(2)(
d) is repealed.
15(1) The Fuel Tax Regulation (AR 62/2007) is amended by
this section.
(2) Section 1(1)(w)(
v) is amended by striking out ", regional
health authority".
16(1) The General Regulation (AR 249/98) is amended by
this section.
(2) Schedule 2 is amended in
section 3(
c) by striking out
", regional health authority".
17(1) The General Regulation (AR 226/98) is amended by
this section.
(2) Schedule 3 is amended in
section 3(
c) by striking out
", regional health authority".
18(1) The Ground Ambulance Regulation (AR 110/2020) is
amended by this section.
(2) Sections 6(1) to (3), 7(c), 8(a)(i), (b)(ii), (c)(ii), 11(2),
18(2)(b), 21, 22(1) and 34 are amended by striking out
", regional health authority".
19(1) The Health Advocate Regulation (AR 49/2014) is
amended by this section.
(2) Section 7(1) and (2) are amended by striking out
", regional health authority".
20(1) The Health Information Regulation (AR 70/2001) is
amended by this section.
(2) Section 2(1)(
g) is amended by striking out ", regional
health authority".
(3) Section 3(b)(ii) is repealed.
21(1) The Management Body Operation and Administration
Regulation (AR 243/94) is amended by this section.
(2) Section 26(2)(
b) is amended by striking out ", regional
health authority".
22(1) The Mental Health Act Forms and Designation
Regulation (AR 136/2004) is amended by this section.
(2) Section 1(1)(
e) is repealed.
(3) The
Schedule is amended in Forms 6 and 19 to 21 by
striking out ", regional health authority" wherever it occurs.
23(1) The Mental Health Patient Advocate Regulation
(AR 173/2020) is amended by this section.
(2) Section 1(
h) is repealed.
(3) Sections 4(2)(
c) and 5(4) are amended by striking out
", regional health authority" wherever it occurs.
(4) Section 8 is amended
(
a) in subsection (1)(
a) by striking out ", regional health
authority";
(
b) in subsection (3)
(
i) by striking out ", regional health authority"
wherever it occurs;
(ii) by striking out ", regional health authority's".
(5) Section 11(1) and (2) are amended by striking out
", regional health authority" wherever it occurs.
24(1) The Mental Health Services Protection Regulation
(AR 114/2021) is amended by this section.
(2) Sections 1(
j) and 4(b)(i.1) are repealed.
(3) Section 15(2) is amended by striking out ", regional health
authority".
25(1) The Minor Injury Regulation (AR 123/2004) is
amended by this section.
(2) Section 10(2)(
a) is amended by striking out ", regional
health authority".
26(1) The Municipal Investment Regulation (AR 149/2022) is
amended by this section.
(2) Sections 4(b)(iv), 5(b)(iv) and 6(c)(iv) are repealed.
27(1) The Podiatric Surgery Benefits Regulation
(AR 137/2006) is amended by this section.
(2) Section 1(b)(ii) and (d)(ii) are amended
(
a) by striking out "or regional health authority";
(
b) in paragraph (
B) by striking out "or the regional health
authority".
28(1) The Potable Water Regulation (AR 277/2003) is
amended by this section.
(2) Section 11(1)(
b) and (2)(
b) are amended by striking out
", regional health authority".
29(1) The Protection for Persons in Care Regulation
(AR 97/2010) is amended by this section.
(2) Section 3(
c) is amended by striking out ", regional health
authority".
30(1) The Provincial Health Agencies Act (Consequential
Amendments) Regulation (No. 3) (AR 216/2024) is amended
by this section.
(2) Section 1(2) is repealed.
31(1) The Provincial Health Agencies (Ministerial)
Regulation (AR 17/95) is amended by this section.
(2) Section 1 is amended
(
a) in subsection (1)
(
i) by striking out "or a community health council";
(ii) by striking out "or community health council";
(
b) by repealing subsection (1.1);
(
c) in subsection (2) by striking out ", (1.01) or (1.1)" and
substituting "or (1.01)";
(
d) in subsection (3)
(
i) by striking out ", community health council";
(ii) by striking out ", (1.01) or (1.1)" and substituting
"or (1.01)".
(3) Sections 2, 2.1, 3(2), (3), (5) and (7), 4 and 5 are amended
by striking out "or regional health authority" wherever it occurs.
(4) Section 6 is repealed.
32(1) The Provincial Priorities Regulation (AR 21/2025) is
amended by this section.
(2) Section 2(2)(c)(i.1) is repealed.
33(1) The Public Interest Disclosure (Whistleblower
Protection) Regulation (AR 71/2013) is amended by this
section.
(2) Schedules 1 and 2 are amended in
section 2(
a) by
striking out ", regional health authority".
34(1) The Public Sector Compensation Transparency
General Regulation (AR 52/2016) is amended by this
section.
(2) Section 2.1(1) is amended by striking out ", regional health
authority".
35(1) The Restricted Activity Authorization Regulation
(AR 5/2004) is amended by this section.
(2) Section 1 is amended
(
a) by repealing clause (b.1);
(
b) in clause (
c) by striking out ", regional health authority"
wherever it occurs.
36(1) The Temporary Employment and Job Creation
Programs Regulation (AR 33/2010) is amended by this
section.
(2) Section 2(
j) is amended by striking out ", regional health
authority".
37(1) The Vital Statistics Information Regulation
(AR 108/2018) is amended by this section.
(2) Section 41(1)(
c) is amended by striking out ", regional health
authority".
38(1) The Workers' Compensation Regulation
(AR 325/2002) is amended by this section.
(2) Schedule A is amended
(
a) by striking out ", regional health authority";
(
b) by striking out ", regional health authorities".
39(1) The Youth Justice Designation Regulation
(AR 322/2009) is amended by this section.
(2) Section 3(
d) is amended by striking out ", regional health
authority".
40(1) Sections 1, 3, 6 to 29, 31(1), (2)(b), (
c) and (d)(ii), (3)
and (4) and 32 to 39 come into force on the coming into
force of
section 45(17) of the Health Statutes Amendment
Act, 2025.
(2) Section 2 comes into force on the coming into force of
section 47(5) of the Health Statutes Amendment Act, 2025.
(3) Sections 4, 5 and 31(2)(
a) and (d)(
i) come into force on
the coming into force of
section 45(42)(a)(iii) of the Health
Statutes Amendment Act, 2025.
--------------------------------
Alberta Regulation 215/2025
Child, Youth and Family Enhancement Act
RESOURCE REBATE AMENDMENT REGULATION
Filed: September 17, 2025
For information only: Made by the Lieutenant Governor in Council (O.C. 297/2025)
on September 17, 2025 pursuant to
section 128.1 of the Child, Youth and Family
Enhancement Act.
1 The Resource Rebate Regulation (AR 47/2006) is
amended by this Regulation.
Section 5 is repealed.
Alberta Regulation 216/2025
Child, Youth and Family Enhancement Act
COURT RULES AND FORMS
AMENDMENT REGULATION
Filed: September 17, 2025
For information only: Made by the Lieutenant Governor in Council (O.C. 298/2025)
on September 17, 2025 pursuant to
section 131(1) of the Child, Youth and Family
Enhancement Act.
1 The Court Rules and Forms Regulation (AR 39/2002) is
amended by this Regulation.
Section 10 is repealed.
--------------------------------
Alberta Regulation 217/2025
Children First Act
DISCLOSURE OF INFORMATION (EXPIRY
DATE EXTENSION) AMENDMENT REGULATION
Filed: September 17, 2025
For information only: Made by the Lieutenant Governor in Council (O.C. 299/2025)
on September 17, 2025 pursuant to
section 6 of the Children First Act.
1 The Disclosure of Information Regulation (AR 231/2013)
is amended by this Regulation.
Section 3 is amended by striking out "January 30, 2026"
and substituting "January 30, 2031".
Alberta Regulation 218/2025
Protection of Sexually Exploited Children Act
COURT FORMS AND PROCEDURES (EXPIRY
DATE EXTENSION) AMENDMENT REGULATION
Filed: September 17, 2025
For information only: Made by the Lieutenant Governor in Council (O.C. 300/2025)
on September 17, 2025 pursuant to
section 8(1) of the Protection of Sexually
Exploited Children Act.
1 The Court Forms and Procedures Regulation (AR 7/99) is
amended by this Regulation.
Section 6 is amended by striking out "November 30, 2025"
and substituting "November 30, 2030".
--------------------------------
Alberta Regulation 219/2025
Safety Codes Act
MOTOR VEHICLE GAS CONVERSION (EXPIRY DATE
EXTENSION) AMENDMENT REGULATION
Filed: September 17, 2025
For information only: Made by the Lieutenant Governor in Council (O.C. 301/2025)
on September 17, 2025 pursuant to
section 65 of the Safety Codes Act.
1 The Motor Vehicle Gas Conversion Regulation
(AR 210/2001) is amended by this Regulation.
Section 12 is amended by striking out "November 30, 2025"
and substituting "November 30, 2030".
Alberta Regulation 220/2025
Health Information Act
ALBERTA ELECTRONIC HEALTH RECORD
AMENDMENT REGULATION
Filed: September 17, 2025
For information only: Made by the Lieutenant Governor in Council (O.C. 302/2025)
on September 17, 2025 pursuant to
section 56.8 of the Health Information Act.
1 The Alberta Electronic Health Record Regulation
(AR 118/2010) is amended by this Regulation.
Section 1 is repealed and the following is substituted:
Definitions
1 In this Regulation,
(a) "Act" means the Health Information Act;
(b) "code of ethics" means code of ethics as defined in the
Health Professions Act;
(c) "standards of practice" means standards of practice as
defined in the Health Professions Act.
Section 2 is repealed.
Section 3 is repealed and the following is substituted:
Eligibility requirements to become
authorized custodian
3(1) Subject to subsection (2), the Department may designate a
custodian as an authorized custodian for the purposes of
section
56.1(b)(ii) of the Act if the Department is satisfied that the custodian
meets the following eligibility requirements:
(
a) the custodian has adopted or established policies, procedures,
systems and practices sufficient to maintain administrative,
technical and physical safeguards that will protect the
confidentiality and security of health information accessible
via the Alberta EHR and the privacy of the individuals who
are the subjects of that information;
(
b) the custodian has prepared and submitted to the
Commissioner a privacy impact assessment concerning the
custodian becoming an authorized custodian and obtaining
access to the Alberta EHR in accordance with
section 64 of
the Act;
(
c) the custodian has met the Department's technical and
security requirements;
(
d) in the case of a custodian who is a regulated health
professional, the health professional body of which the
custodian is a member has adopted or established standards
of practice or provisions in a code of ethics for its members
respecting
(
i) the management of electronic records, including,
without limitation, standards or provisions respecting
the protection, privacy and security of electronic
records, and
(ii) within 12 months after the coming into force of this
clause, the management of information in records,
including, without limitation, standards or provisions
respecting the appropriate use of health information.
(2) Notwithstanding that the custodian meets or may meet the
eligibility criteria, the Department may choose not to designate the
custodian as an authorized custodian if the Department is of the
opinion that doing so would present a risk to the privacy, safety and
confidentiality of the health information accessible via the Alberta
EHR, or it would otherwise not be in the public interest to do so.
Access to Alberta EHR
3.1(1) Subject to sections 7.7 and 7.8, an authorized custodian may
only access the Alberta EHR in accordance with
(
a) the policies, procedures, systems and practices referred to in
section 3(1)(a),
(
b) the technical and security requirements referred to in
section
3(1)(c),
(
c) the standards of practice or code of ethics referred to in
section 3(1)(d), if applicable, and
(
d) any other applicable provisions of the Act, the regulations or
a code, standard, guideline,
schedule or body of rules
incorporated, adopted or declared in force by this Regulation,
including a code, standard, guideline,
schedule or body of
rules developed by the Minister.
(2) Subject to sections 7.7 and 7.8, for the purposes of
section
56.5(1) of the Act, an authorized custodian, other than a custodian
described in
section 1(1)(f)(xii), (xii.1), (xiii) or (xiii.1) of the Act,
may only access health information of an individual via the Alberta
EHR if the authorized custodian provides or has provided a health
service to that individual.
Access to Alberta EHR by Office of the
Chief Medical Examiner
3.2(1) Subject to subsection (2), the Department may grant access
to the Alberta EHR to a medical examiner with the Office of the
Chief Medical Examiner or staff working under the direction of a
medical examiner with the Office of the Chief Medical Examiner for
the purposes of conducting or assisting with investigations under the
Fatality Inquiries Act if the Department is satisfied that all of the
following requirements and obligations are met:
(
a) the Office of the Chief Medical Examiner
(
i) has established or adopted policies, procedures and
practices sufficient to maintain administrative, technical
and physical safeguards that will protect the
confidentiality and security of health information
accessible via the Alberta EHR and the privacy of the
individuals who are the subjects of that information,
(ii) has met the Department's technical and security
requirements,
(iii) has a privacy training program for all medical
examiners and staff for whom it will be requesting
access to the Alberta EHR,
(iv) has confirmed the medical examiner or staff has
determined health information accessible via the
Alberta EHR is essential for the purpose of conducting
or assisting with investigations under the Fatality
Inquiries Act, and
(
v) has prepared and submitted to the Commissioner a
privacy impact assessment concerning the Office of the
Chief Medical Examiner obtaining access to the Alberta
EHR that describes how proposed administrative
practices and information systems relating to the use of
health information accessible via the Alberta EHR may
affect the privacy of the individual who is the subject of
the information;
(
b) the medical examiner or staff has completed the Office of the
Chief Medical Examiner's privacy training program referred
to in clause (a)(iii).
(2) Notwithstanding that the Department is satisfied that the Office
of the Chief Medical Examiner, a medical examiner or staff meet all
the applicable requirements and obligations referred to in subsection
(1), the Department may choose not to grant access to the Alberta
EHR to a medical examiner or staff if the Department is of the
opinion that doing so would present a risk to the privacy, safety and
confidentiality of the health information accessible via the Alberta
EHR, or it would otherwise not be in the public interest to do so.
(3) Subject to sections 7.7 and 7.8, the medical examiners and staff
granted access to the Alberta EHR may only access the Alberta EHR
in accordance with
(
a) the policies, procedures and practices referred to in
subsection (1)(a)(i),
(
b) the technical and security requirements referred to in
subsection (1)(a)(ii), and
(
c) any other applicable provisions in the Act, the regulations or
a code, standard, guideline,
schedule or body of rules
incorporated, adopted or declared in force by this Regulation,
including a code, standard, guideline,
schedule or body of
rules developed by the Minister.
Access to Alberta EHR by health services
provider outside Alberta
3.3(1) In this section,
(a) "eligible community" means a community referred to in the
Schedule of Communities Outside of Alberta Eligible for
Alberta Electronic Health Record Access developed by the
Minister and as amended from time to time and declared in
force by this Regulation;
(b) "health services provider outside of Alberta" means a health
services provider who
(
i) is a registered, regulated or licensed member of a health
professional body in a province other than Alberta, and
(ii) has the same National Occupational Classification as a
health services provider eligible to become an
authorized custodian under
section 3;
(c) "National Occupational Classification" means the National
Occupational Classification developed and published by the
time.
(2) The
Schedule of Communities Outside of Alberta Eligible for
Alberta Electronic Health Record Access developed by the Minister
and published by the Department, as amended from time to time, is
hereby declared in force and forms part of this Regulation.
(3) Subject to subsection (4), the Department may enter into an
agreement with a health services provider outside of Alberta to grant
access to the Alberta EHR to the health services provider outside of
Alberta for the purpose of the health services provider outside of
Alberta providing continuing treatment and care outside of Alberta
to an individual who is a resident of Alberta if the Department is
satisfied that the following criteria are met:
(
a) the health services provider outside of Alberta must practise
in an eligible community;
(
b) the health professional body referred to in subsection
(1)(b)(
i) must have in place
(
i) provisions in a code of ethics equivalent to a code of
ethics referred to in
section 1(
b) or standards of practice
equivalent to the standards of practice referred to in
section 1(
c) respecting
(
A) the management of electronic records, including,
without limitation, standards related to the
protection, privacy and security of electronic
records, and
(
B) the management of information in records,
including, without limitation, standards respecting
the appropriate use of health information,
and
(ii) a disciplinary process for members who breach such a
code of ethics or standards of practice;
(
c) the health services provider outside of Alberta must have
established or adopted policies, procedures and practices
sufficient to maintain administrative, technical and physical
safeguards that will protect the confidentiality and security of
health information accessible via the Alberta EHR and the
privacy of the individuals who are the subjects of that
information;
(
d) the health services provider outside of Alberta must meet the
Department's technical and security requirements.
(4) An agreement referred to in subsection (3) must contain
provisions
(
a) requiring the health services provider outside of Alberta to
(
i) implement and maintain the policies, procedures and
practices referred to in subsection (3)(c),
(ii) meet the technical and security requirements referred to
in subsection (3)(d),
(iii) only access the Alberta EHR for the purpose of
providing continuing treatment and care in an eligible
community to an individual who is a resident of
Alberta,
(iv) comply with any code, standard, guideline,
schedule or
body of rules incorporated, adopted or declared in force
by this Regulation and as amended from time to time,
including a code, standard, guideline,
schedule or body
of rules developed by the Minister,
(
v) only access the Alberta EHR in compliance with
(
A) any code, standard, guideline,
schedule or body of
rules referred to in subclause (iv),
(
B) the policies, procedures and practices referred to in
subsection (3)(c), and
(
C) the technical and security requirements referred to
in subsection (3)(d),
(vi) comply with the governing legislation in its jurisdiction
in respect of any health information accessed via the
Alberta EHR,
(vii) cooperate with any activities undertaken by the
Department under clause (b),
(viii) as soon as practicable, notify the Department of
(
A) any loss of individually identifying health
information that was accessed via the Alberta
EHR, or
(
B) any unauthorized access to, use or disclosure of
individually identifying health information that
was accessed via the Alberta EHR,
(
b) authorizing the Department to monitor and audit compliance
(
c) prohibiting the health services provider outside of Alberta
from authorizing any other person, including staff, agents,
employees or contractors, to access the Alberta EHR for any
purpose, and
(
d) authorizing the Department to limit the health services
provider outside of Alberta's access to the Alberta EHR or
terminate the agreement if the health services provider
outside of Alberta fails to comply with the agreement.
(5) Notwithstanding that the health services provider outside of
Alberta meets or may meet the criteria referred to in subsection
(3)(
a) to (d), the Department may choose not to enter into an
agreement to grant access to the Alberta EHR if the Department is of
the opinion that doing so would present a risk to the privacy, safety
and confidentiality of the health information accessible via the
Alberta EHR, or it would otherwise not be in the public interest to do
so.
Section 4 is amended
(
a) by striking out "section 56.1(
c) of the Act, prescribed
health information in respect of an individual includes" and
substituting "section 56.2(2) of the Act, the classes or
types of health information accessible via the Alberta EHR
include";
(
b) by striking out "and" at the end of clause (
l) and by
adding the following after clause (l):
(l.1) health care-related records of the individual other than
the medical reports referred to in clause (m), and
Section 5 is amended
(
a) by adding "or (2)" after "56.3(1)";
(
b) by striking out "prescribed" before "health information".
7 The following is added after
section 5:
Time limit for making information accessible
5.1 For the purpose of
section 56.3(6) of the Act, an authorized
custodian, other than a regulated health professional, after receiving
a written request from the Minister or the Minister of Mental Health
and Addiction, must make the health information referred to in the
applicable Minister's request accessible via the Alberta EHR within
30 calendar days.
8 Sections 6 and 7 are repealed and the following is
substituted:
Logs to comply with Standard
6 An authorized custodian must ensure the system the authorized
custodian uses to access the Alberta EHR creates and maintains logs
in accordance with the Provincial Logging and Auditing Standard v.
2.0 developed by the Minister and published by the Department, as
amended from time to time.
Provincial Logging and Auditing Standard
6.1 The Provincial Logging and Auditing Standard v. 2.0
developed by the Minister and published by the Department is
declared in force as amended from time to time and forms part of
this Regulation.
Audit of access to Alberta EHR
7(1) The Department
(
a) shall conduct an audit of access to the Alberta EHR at least
once each month, and
(
b) may conduct an audit referred to in clause (
a) at any
reasonable time.
(2) An audit under subsection (1)(
a) shall be conducted through a
review of the electronic logs referred to in
section 56.6(1) of the Act.
Designation of director
7.1(1) The Department may designate a director for the purposes of
this
section and sections 7.2 to 7.8.
(2) The director designated under subsection (1) may, in writing,
delegate to any person any of the duties imposed or powers
conferred on the director under this
section and sections 7.2 to 7.8,
including the power to commence an investigation under
section 7.3
and make a decision under
section 7.7.
(3) The director has all the powers of an investigator under
section
7.5.
Investigators
7.2 The director may designate one or more individuals as
investigators for the purposes of conducting investigations under
section 7.3.
Investigations
7.3 The director may commence an investigation related to the
Alberta EHR if the director has reasonable grounds to suspect that a
person, including the Department or an affiliate of the Department,
has
(
a) failed to comply with
section 3.1, 3.2 or 3.3, whichever is
applicable,
(
b) used or disclosed health information accessed via the Alberta
EHR for a purpose contrary to the Act,
(
c) made false or incorrect health information accessible via the
Alberta EHR,
(
d) accessed the Alberta EHR for a purpose not authorized by the
Act,
(
e) used Alberta EHR login credentials for a purpose other than
facilitating the person's own authorized access to the Alberta
EHR,
(
f) facilitated access to the Alberta EHR by a person not
authorized to access the Alberta EHR,
(
g) compromised or disabled Alberta EHR safeguards or
facilitated the compromising or disabling of Alberta EHR
safeguards by any other person, or
(
h) failed to cooperate with an investigation referred to in this
section.
Notice of investigation
7.4 Before an investigation is conducted under
section 7.3, the
director must provide notice of the investigation in writing to the
persons being investigated, subject to the following:
(
a) if the person is an affiliate of a custodian, by also sending a
copy of the notice to the custodian or custodians of the
affiliate;
(
b) if the person is authorized to access the Alberta EHR under
section 3.2, by also sending a copy of the notice to the Office
of the Chief Medical Examiner.
Powers during investigation
7.5(1) During an investigation, an investigator, in respect of a
person who received notice under
section 7.4, at any reasonable
time, may
(
a) require the production of any records relevant to the
investigation within a period of time specified by the
investigator and examine them, make copies of them or
remove them temporarily for the purpose of making copies,
(
b) require any person to answer any questions with respect to
matters relevant to the investigation and direct the person to
answer the questions under oath,
(
c) enter any clinic, facility or other location relevant to the
investigation, other than a private dwelling, to conduct an
investigation,
(
d) enter a private dwelling relevant to the investigation to
conduct an investigation only with a court order obtained
under subsection (6) unless the owner or occupant of the
private dwelling consents, and
(
e) access the electronic data processing equipment at the clinic,
facility, private dwelling or other location, and any person
who has custody or control of the equipment shall assist the
investigator with the use of the equipment.
(2) On entering any clinic, facility, private dwelling or other
location relevant to the investigation to conduct an investigation, an
investigator must carry identification in the form established by the
Minister and present it on request to the owner or occupant of the
premises and to any person who received notice under
section 7.4.
(3) No person shall
(
a) hinder, obstruct or interfere with or attempt to hinder,
obstruct or interfere with an investigator conducting an
investigation under
section 7.3, or
(
b) provide an investigator with false information on matters
relevant to an investigation under
section 7.3.
(4) If any person prevents an investigator from exercising powers
under this
section or hinders, interferes with or obstructs the
investigator in the exercise of those powers, a judge of the Court of
King's Bench may, on the application of the investigator, make any
order that the judge considers necessary to permit the investigator to
conduct an investigation or exercise those powers.
(5) An application under subsection (4) may be made without notice
if the judge considers it appropriate in the circumstances.
(6) If the owner or occupant of a private dwelling refuses consent
for an investigator to enter a private dwelling, the investigator may
apply on notice to a judge of the Court of King's Bench for an order
allowing an investigator to enter a private dwelling for the purposes
of the investigation.
Action after investigation
7.6(1) Following the conclusion of the investigation and prior to
preparing an investigation report, the investigator must
(
a) give any person who received notice under
section 7.4 an
opportunity to make submissions within 30 calendar days of
receipt of the notice respecting the matter being investigated,
and
(
b) consider the submissions received in accordance with clause
(a), including answers to any follow-up questions in respect
of the submissions and any other information gathered in the
investigation.
(2) The director may decide whether the submissions referred to in
subsection (1)(
a) are to be made orally or in writing, which may
include electronic means.
(3) After an investigator concludes an investigation, the investigator
must make an investigation report within a reasonable time and, if
the investigator is not the director, submit the report to the director.
Limiting, revoking and prohibiting
access to Alberta EHR
7.7(1) Subject to
section 7.8, if, on reviewing a report made under
section 7.6(3), the director determines that one or more of
section
7.3(
a) to (
h) apply in respect of a person, the director may, for a
period of time set by the director or indefinitely, decide to limit,
revoke or prohibit access to the Alberta EHR or the use of health
information accessed via the Alberta EHR, or both, by
(
a) the person, and
(
b) where the person referred to in clause (
a) is an affiliate of a
custodian, the custodian.
(2) The limitation, revocation or prohibition referred to in
subsection (1) may include
(
a) rescinding the designation of a custodian as an authorized
custodian made under
section 3, and
(
b) where the person referred to in subsection (1)(
a) is authorized
to access the Alberta EHR under
section 3.2, limiting,
revoking or prohibiting the access to the Alberta EHR
granted under
section 3.2 to all medical examiners with the
Office of the Chief Medical Examiner or staff working under
the direction of the medical examiners.
(3) The director shall