Alberta Regulation 20/2018

Safety Codes Act

POWER ENGINEERS AMENDMENT REGULATION

Filed: March 1, 2018

For information only: Made by the Lieutenant Governor in Council (O.C. 051/2018)

on February 28, 2018 pursuant to

section 65 of the Safety Codes Act.

1 The Power Engineers Regulation (AR 85/2003) is

amended by this Regulation.

Section 2 is amended

(

a) by repealing subsection (4);

(

b) in subsection (11) by striking out "has a capacity not

exceeding 250 kW and".

Section 8(1)(

c) is repealed.

Section 9(5) is amended by striking out "Tables 1, 2, 3 and

5" and substituting "Tables 1, 2 and 5".

Section 18(4) and (5) are repealed.

Section 18.1 is amended

(

a) in subsection (1)(b)(iii)

(

i) by striking out "24 months" and substituting "48

months";

(ii) by repealing paragraph (

B) and substituting the

following:

(

B) a 4th Class Power Engineer's Certificate of

Competency issued after September 1, 1998,

(

b) in subsection (2) by striking out "or" before clause

(b), by adding "or" to the end of clause (

b) and by

adding the following after clause (b):

(c) 24 months of the experience required by

subsection (1)(b)(iii) to a candidate who has

successfully completed a course in power

engineering that is satisfactory to the

Administrator.

Section 20.1(

a) is amended by adding "or 4th" after "5th".

Section 22.1(5) is repealed.

Section 31 is repealed.

10 The

Schedule is amended

(

a) by repealing Table 1 and substituting the following:

Table 1

Power Plant (General)

Row 1

rtif

ica

ete

not

req

uir

1st Class Power Engineer's Certificate required as Chief Power Engineer

Row 2

2nd Class Power Engineer's Certificate of Competency required as Chief Power Engineer

2nd Class Power Engineer

as Shift Engineer

Row 3

3rd Class Power Engineer's Certificate of Competency required as

Chief Power Engineer

3rd Class Power Engineer

as Shift Engineer

3rd Class Power Engineer

as Assistant Shift Engineer

Row 4

4th Class Power Engineer's Certificate of Competency

required as Chief Power Engineer

4th Class Power

Engineer as

Shift Engineer

4th Class Power Engineer

as Assistant Shift Engineer

or Assistant Engineer

4th Class Power Engineer

as Assistant Engineer

Row 5

5th Class Power Engineer's or

Fireman's Certificate of Competency

required as Chief Power Engineer

5th Class Power

Engineer as

Shift Engineer

Row 6

Special Boiler

Operator's Certificate

of Competency

(4) Special Oilwell Operator's

Certificate of Competency (1)

(4) Row 7

Fired Process Heater Operator's Certificate of Competency

(5) Row 8

Special Steam-powered Traction Engine Operator's Certificate of Competency(7)

0 kW 20 kW 250 kW 500 kW 1000 kW 5000 kW 10 000 kW Plant Capacity

Over 10 000 kW

(

b) by repealing Table 3.

11 This Regulation comes into force on April 30, 2018.

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

Alberta Regulation 21/2018

Workers' Compensation Act

MEDICAL PANELS REGULATION

Filed: March 1, 2018

For information only: Made by the Lieutenant Governor in Council (O.C. 055/2018)

on February 28, 2018 pursuant to

section 46.5 of the Workers' Compensation Act.

Table of Contents

Definitions

2 Selecting medical panel members

3 Medical professional advisor

4 Records and information

5 Report of medical panel

6 Rules of procedure for medical panels

7 Establishing a roster for independent medical examinations

8 Case conferences procedures

9 Remuneration

10 Cost of tests and assessments

11 Repeal

12 Coming into force

Definitions

1 In this Regulation,

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

(b) "claim" means a claim for compensation under the Act;

(c) "claimant" means a worker or, in the case of a worker's

death, a dependant of the deceased worker;

(d) "medical professional advisor" means a physician selected by

a claimant under

section 3;

(e) "medical opinion" means a full statement of the facts,

medical evidence and reasons supporting a physician's

medical conclusion;

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

Commissioner appointed under

section 46.2(1) of the Act

and includes any Deputy Medical Panels Commissioner

appointed under

section 46.2(2) of the Act;

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

established under

section 46.2(1) under the Act.

Selecting medical panel members

2(1) On receipt of a request under

section 46.3(5) of the Act, the

Medical Panels Commissioner shall prepare from the general

eligibility list of physicians prepared by the College of Physicians and

Surgeons a case eligibility list of physicians specifically skilled in the

medical issue or matter to be dealt with by the medical panel.

(2) On completion of the case eligibility list, the Medical Panels

Office shall send a copy of the list to

(

a) the claimant,

(

b) the Board, and

(

c) the employer unless the Medical Panels Commissioner is

required to choose a physician on behalf of the employer

under subsection (4).

(3) A medical panel must consist of 3 physicians chosen as follows:

(

a) one physician chosen by the claimant from the case

eligibility list;

(

b) one physician chosen by the employer from the case

eligibility list;

(

c) one physician chosen by the Board from the case eligibility

list.

(4) Notwithstanding subsection (3)(b), the Medical Panels

Commissioner shall choose a physician on behalf of the employer if

(

a) the claimant is

(

i) self-employed,

(ii) a member of the employer's family, or

(iii) a partner in, or a director of, the employer's firm,

(

b) the employer has ceased to carry on business in the industry

in which the worker's injury occurred.

(5) Notwithstanding subsection (3), the Medical Panels Commissioner

shall choose a physician if

(

a) the claimant, employer or Board does not select a physician

within 2 weeks, or such longer period as determined by the

Medical Panels Commissioner, from the date of receiving a

copy of the case eligibility list under subsection (2), or

(b) 2 or more of the parties choose the same physician.

(6) Notwithstanding subsections (3) and (4), a physician is not eligible

to be chosen as a member of a medical panel if the physician

(

a) is or was the worker's treating physician,

(

b) is being or has been consulted with respect to the worker's

injury unless, in the opinion of the Medical Panels

Commissioner, special circumstances exist and choosing the

physician would not create a conflict of interest,

(

c) is providing or has provided medical services to the worker

or the employer, or

(

d) is or was a partner or associate of a physician referred to in

clause (a), (

b) or (

c) unless, in the opinion of the Medical

Panels Commissioner, special circumstances exist and

choosing the physician would not create a conflict of interest.

(7) The Medical Panels Commissioner shall choose one of the panel

members as the chair of the medical panel.

Medical professional advisor

3(1) A claimant may select a physician as the claimant's medical

professional advisor to provide input and make representations on

behalf of the claimant in proceedings referred to in this Regulation.

(2) The Medical Panels Office shall, when sending a copy of the case

eligibility list to the claimant under

section 2(2), provide the claimant

with notice of the claimant's right to select a medical professional

advisor under this section.

(3) A claimant shall select a medical professional advisor by notifying

the Medical Panels Office of the selection in writing within 2 weeks

from the date of receiving a notice under subsection (2).

(4) A medical professional advisor may provide input and make

representations on behalf of the claimant in proceedings referred to in

this Regulation in person, by telephone or in writing.

(5) A claimant is responsible for paying a medical professional

advisor's fees and expenses unless the medical professional advisor is

the worker's treating physician in which case the medical professional

advisor's fees and expenses must be paid pursuant to

section 9.

Records and information

4(1) After a request for the establishment of a medical panel has been

made under

section 46.3(5) of the Act, the Medical Panels Office

(

a) may request the Board, Appeals Commission or claimant to

provide additional records and information, including

personal information, related to the medical issue or matter,

and

(

b) shall provide copies of all relevant records and information

received under clause (a)

(

i) to each member of the medical panel,

(ii) to each participant in a case conference, and

(iii) to all other interested parties including the medical

professional advisor, if the claimant has selected one.

(2) A medical panel may, through the Medical Panels Office, request

the Board, the Appeals Commission or the claimant to provide it with

any records or information that it considers necessary to make a

medical finding.

(3) A person who receives records and information under this

section

shall not use or disclose the records or information except for a

purpose related to a proceeding referred to in this Regulation or under

section 46.4(3) of the Act.

Report of medical panel

5 A medical panel shall prepare a report of its medical findings,

including reasons supporting the medical findings, and through the

Medical Panels Commissioner provide copies of its report to

(

a) the claimant,

(

b) the employer,

(

c) the Board, and

(

d) if the Appeals Commission has referred the medical issue or

matter to the medical panel, the Appeals Commission.

Rules of procedure for medical panels

6(1) The Medical Panels Commissioner shall establish general rules

of procedure for proceedings before a medical panel.

(2) The chair of a medical panel may make additional rules of

procedure for a medical panel that are not inconsistent with the general

rules of procedure established by the Medical Panels Commissioner.

(3) Without restricting the generality of subsection (2), the chair of the

medical panel may determine whether anyone other than a medical

professional advisor may appear on behalf of the claimant before the

medical panel.

Establishing a roster for independent medical examinations

7(1) If the Board requires a worker to undergo a medical examination

under

section 38(1) of the Act, the Board shall notify the worker and

the Medical Panels Office.

(2) The Medical Panels Office, in consultation with the College of

Physicians and Surgeons, shall establish a roster of physicians

qualified to conduct a medical examination referred to in

section 38(1)

of the Act.

(3) In accordance with any procedures established under subsection

(5), the worker shall select one or more physicians from the roster

referred to in subsection (2) to perform the medical examination.

(4) If the worker fails to make a selection under subsection (3), or if

none of the physicians selected by the worker in subsection (3) is able

to conduct the medical examination, a physician from the roster shall

be selected on behalf of the worker in accordance with procedures

established under subsection (5).

(5) The Medical Panels Office may establish

(

a) criteria with respect to the establishment of a roster for the

purpose of

section 38(1) of the Act, and

(

b) procedures respecting the selection of a physician from the

roster for the purpose of

section 38(1) of the Act.

Case conferences procedures

8 The Medical Panels Office may establish procedures relating to

case conferences.

Remuneration

9 The members of a medical panel, participants in a case conference

and a claimant's treating physician who participates in the proceedings

referred to in this Regulation shall be paid remuneration and expenses

under

section 46.2(9) of the Act at the rates set by the Medical Panels

Office.

Cost of tests and assessments

10 The Board shall pay the cost of any tests on or assessments of a

worker that are requested by a medical panel under

section 46.3(9) of

the Act as part of the claim.

Repeal

11 The Medical Panels Regulation (AR 290/2006) is repealed.

Coming into force

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

section 21 of

An Act to Protect the Health and Well-being of Working

Albertans.

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

Alberta Regulation 22/2018

Workers' Compensation Act

WORKERS' COMPENSATION AMENDMENT REGULATION

Filed: March 1, 2018

For information only: Made by the Lieutenant Governor in Council (O.C. 056/2018)

on February 28, 2018 pursuant to

section 153 of the Workers' Compensation Act.

1 The Workers' Compensation Regulation (AR 325/2002) is

amended by this Regulation.

Section 3(2) is amended by striking out "by subsection"

and substituting "by".

Section 5(2)(c)(

i) is amended by striking out "not exceeding

the current gross annual earnings set out in

section 56(4) of the Act

and".

Section 7(4) is amended by adding ", if any," after

"amount".

Section 15(

b) is amended by striking out "section 39" and

substituting "section 90".

Section 17 is repealed.

Section 20.1(4) is repealed.

Section 23 is repealed.

9 This Regulation comes into force on September 1, 2018.

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

Alberta Regulation 23/2018

Oil and Gas Conservation Act

OIL AND GAS CONSERVATION (ORPHAN FUND LEVY)

RULES AMENDMENT REGULATION

Filed: March 2, 2018

For information only: Made by the Alberta Energy Regulator on February 7, 2018

pursuant to

section 73 of the Oil and Gas Conservation Act.

1 The Oil and Gas Conservation Rules (AR 151/71) are

amended by this Regulation.

Section 16.530(1) is amended

(

a) by striking out "2017-2018 fiscal year" and

substituting "2018-2019 fiscal year";

(

b) by striking out "$15 000 000" and substituting

"$45 000 000";

(

c) by striking out "February 4, 2017" and substituting

"April 7, 2018";

(

d) by striking out "August 5, 2017" and substituting

"April 7, 2018".

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

Alberta Regulation 24/2018

Reform of Agencies, Boards and Commissions Compensation Act

REFORM OF AGENCIES, BOARDS AND COMMISSIONS

COMPENSATION AMENDMENT REGULATION

Filed: March 13, 2018

For information only: Made by the Lieutenant Governor in Council (O.C. 064/2018)

on March 13, 2018 pursuant to sections 5 and 23 of the Reform of Agencies, Boards

and Commissions Compensation Act.

1 The Reform of Agencies, Boards and Commissions

Compensation Regulation (AR 31/2017) is amended by this

Regulation.

Schedule 1 is amended

(

a) by adding

Chief Hearing Commissioner

Alberta Energy Regulator

Hearing Commissioner

Alberta Energy Regulator

after

Chief Executive Officer

Alberta Energy Regulator

(

b) by adding

Vice-chair

Alberta Securities Commission

after

Chair and Chief Executive Officer

Alberta Securities Commission

Schedule 2 is amended

(

a) by adding

Alberta Securities Commission

Vice-chair

223 040

262 400

301 760

after

Alberta Petroleum Marketing

Corporation

CEO

223 040

262 400

301 760

(

b) by adding

Alberta Energy Regulator

Chief Hearing

Commissioner

184 365

216 900

249 435

after

Credit Union Deposit Guarantee

Corporation

CEO

223 040

262 400

301 760

(

c) by adding

Alberta Energy Regulator

Hearing

Commissioner

153 595

180 700

207 805

after

Travel Alberta

CEO

184 365

216 900

249 435

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

Alberta Regulation 25/2018

Persons with Developmental Disabilities Services Act

PERSONS WITH DEVELOPMENTAL DISABILITIES SERVICES

(EXPIRY DATE EXTENSION) AMENDMENT REGULATION

Filed: March 14, 2018

For information only: Made by the Minister of Community and Social Services

(M.O. 2018-02) on March 13, 2018 pursuant to

section 23 of the Persons with

Developmental Disabilities Services Act.

1 The Persons with Developmental Disabilities Services

Regulation (AR 228/2013) is amended by this Regulation.

Section 8 is amended by striking out "March 31, 2018" and

substituting "September 30, 2019".

Alberta Regulation 26/2018

Persons with Developmental Disabilities Services Act

DEVELOPMENTAL DISABILITIES (EXPIRY DATE EXTENSION)

AMENDMENT REGULATION

Filed: March 14, 2018

For information only: Made by the Minister of Community and Social Services

(M.O. 2018-01) on March 13, 2018 pursuant to

section 23 of the Persons with

Developmental Disabilities Services Act.

1 The Developmental Disabilities Regulation (AR 230/2013)

is amended by this Regulation.

Section 5 is amended by striking out "March 31, 2018" and

substituting "September 30, 2019".

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

Alberta Regulation 27/2018

Electronic Transactions Act

ELECTRONIC TRANSACTIONS ACT DESIGNATION (EXPIRY DATE

EXTENSION) AMENDMENT REGULATION

Filed: March 14, 2018

For information only: Made by the Minister of Service Alberta (M.O. SA:004/2018)

on March 8, 2018 pursuant to

section 32(1) of the Electronic Transactions Act.

1 The Electronic Transactions Act Designation Regulation

(AR 35/2003) is amended by this Regulation.

Section 2 is amended by striking out "March 31, 2018" and

substituting "June 30, 2020".

Alberta Regulation 28/2018

Various Acts

EDUCATION REGULATIONS (MINISTERIAL) AMENDMENT REGULATION

Filed: March 14, 2018

For information only: Made by the Minister of Education (M.O. 006/2018 ) on

March 13, 2018 pursuant to sections 22(10), 28(6), 29(3), 30(4), 37, 38.1(10), 39(3),

58, 79, 94(1), 115, 183(4), 201 and 235 of the School Act and

section 65.1 of the

Teaching Profession Act.

1 The Capital Borrowing Regulation (AR 188/98) is

amended by repealing

section 10.

2 The Certification of Teachers Regulation (AR 3/99) is

amended in

section 40 by striking out "August 31, 2018" and

substituting "August 31, 2021".

3 The Charter Schools Regulation (AR 212/2002) is

amended in

section 19 by striking out "August 31, 2018" and

substituting "August 31, 2021".

4 The Closure of Schools Regulation (AR 238/97) is

amended in

section 8 by striking out "August 31, 2018" and

substituting "August 31, 2021".

5 The Disposition of Property Regulation (AR 181/2010) is

amended by repealing

section 13.

6 The Early Childhood Services Regulation (AR 31/2002) is

amended in

section 12 by striking out "August 31, 2018" and

substituting "August 31, 2021".

7 The Home Education Regulation (AR 145/2006) is

amended in

section 11 by striking out "August 31, 2018" and

substituting "August 31, 2021".

8 The Practice Review of Teachers Regulation

(AR 11/2010) is amended in

section 36 by striking out

"September 30, 2019" and substituting "August 31, 2021".

9 The Private Schools Regulation (AR 190/2000) is

amended in

section 24 by striking out "August 31, 2018" and

substituting "August 31, 2021".

10 The School Board Investment Regulation (AR 1/2007) is

amended in

section 3 by striking out "August 31, 2018" and

substituting "August 31, 2021".

11 The School Councils Regulation (AR 113/2007) is

amended in

section 21 by striking out "August 31, 2018" and

substituting "August 31, 2021".

12 The Student Evaluation Regulation (AR 177/2003) is

amended in

section 14 by striking out "August 31, 2018" and

substituting "August 31, 2021".

13 The Student Record Regulation (AR 225/2006) is

amended in

section 12 by striking out "August 31, 2018" and

substituting "August 31, 2021".

14 The Superintendent of Schools Regulation

(AR 178/2003) is amended in

section 5 by striking out

"August 31, 2018" and substituting "August 31, 2021".

15 The Teacher Membership Status Election Regulation

(AR 260/2004) is amended by repealing

section 7.

16 The Withdrawal of Ward Plebiscite Regulation

(AR 27/2004) is amended by repealing

section 7.

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

Alberta Regulation 29/2018

Traffic Safety Act

VEHICLE SEIZURE AND REMOVAL AMENDMENT REGULATION

Filed: March 14, 2018

For information only: Made by the Minister of Transportation (M.O.03/18) on

March 13, 2018 pursuant to

section 64(

k) of the Traffic Safety Act.

1 The Vehicle Seizure and Removal Regulation

(AR 251/2006) is amended by this Regulation.

Section 11(2.1)(

c) is amended

(

a) by repealing subclause (

i) and substituting the

following:

(

i) that the driver did not operate a motor vehicle or have

care or control of a motor vehicle while the driver's

ability to operate the motor vehicle was impaired by

alcohol or a drug or by a combination of alcohol and a

drug,

(i.1) that the driver did not operate a motor vehicle or have

care or control of a motor vehicle having consumed

alcohol in such quantity that the concentration of

alcohol in the driver's blood exceeded 80 milligrams of

alcohol in 100 millilitres of blood at any time within 3

hours after operating or having care or control of the

motor vehicle,

(i.2) that the driver did not have, within 2 hours after ceasing

to operate a motor vehicle or ceasing to have care or

control of a motor vehicle, a blood drug concentration

equal to or that exceeded any blood drug concentration

for the drug that is prescribed by regulation under the

Criminal Code (Canada),

(i.3) that the driver did not have, within 2 hours after ceasing

to operate a motor vehicle or ceasing to have care or

control of a motor vehicle, a blood alcohol

concentration and a blood drug concentration equal to

or that exceeded the blood alcohol concentration and the

blood drug concentration for the drug that are

prescribed by regulation under the Criminal Code

(Canada) for instances where alcohol and that drug are

combined,

(i.4) that the driver did not fail or refuse, without a

reasonable excuse, to comply with a demand made on

the driver to supply a sample of his or her breath, blood

or bodily substance under

section 254 of the Criminal

Code (Canada) in respect of the operation or care or

control of a motor vehicle,

(

b) in subclause (ii)

(

i) by striking out "has been charged with an offence

under

section 253, subsection 254(5) or

section 255 of

the Criminal Code (Canada), but";

(ii) by striking out "relating to that charge".

Section 11(2.1) is amended

(

a) in clause (c)(i.4) by striking out "254" and

substituting "320.27 and 320.28";

(

b) in clause (

d) by striking out "253, 254 or 255"

wherever it occurs and substituting "320.14 and

320.15".

Coming into force

4(1)

Section 2 comes into force on April 9, 2018.

(2) Section 3 comes into force on the coming into force of

sections 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28 and 29 of

An Act to Reduce Cannabis and Alcohol Impaired Driving.

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

Alberta Regulation 30/2018

Traffic Safety Act

OPERATOR LICENSING AND VEHICLE CONTROL

AMENDMENT REGULATION

Filed: March 14, 2018

For information only: Made by the Minister of Transportation (M.O. 04/18) on

March 13, 2018 pursuant to

section 100 of the Traffic Safety Act.

1 The Operator Licensing and Vehicle Control Regulation

(AR 320/2002) is amended by this Regulation.

Schedule 1 is amended by repealing Form 1 and

substituting the following:

Form 1

3 This Regulation comes into force on April 9, 2018.

Alberta Regulation 31/2018

School Act

SCHOOL TRANSPORTATION AMENDMENT REGULATION

Filed: March 14, 2018

For information only: Made by the Minister of Education (M.O. 007/2018) on

March 13, 2018 pursuant to

section 51 of the School Act.

1 The School Transportation Regulation (AR 102/2017) is

amended by this Regulation.

Section 3 is repealed and the following is substituted:

Transportation criteria

3 For the purpose of

section 51(1)(

c) of the Act, the student must

reside at a distance of at least 2.4 kilometres from the site of the

school.

Distance from bus route

3.1 In providing for the transportation of a student under

section

51(1) of the Act, the transportation must be provided on a route that

is not more than 2.4 kilometres from the residence of the student.

Computing distance

3.2 In computing distances for the purposes of this Regulation,

(

a) the official survey made under any Act of Canada or the

Legislature relating to surveys shall be accepted as final and

conclusive and all sections are deemed to be 1.6 kilometres

square and no more,

(

b) the width of road allowances shall be excluded from the

computation, and

(

c) the distance of a residence from a school or from a bus route

is the shortest distance measured along a travelled road or

public right of way between the school site or the bus route,

as the case may be, and the nearest roadway access at the

boundary of the quarter

section or lot on which the student's

parent resides.

3 The following is added after

section 16:

Expiry

16.1 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 September 1, 2019.

4 This Regulation comes into force on September 1, 2018.