Alberta Regulation 13/2024

Government Organization Act

DESIGNATION AND TRANSFER OF RESPONSIBILITY

AMENDMENT REGULATION

Filed: February 16, 2024

For information only: Made by the Lieutenant Governor in Council (O.C. 29/2024)

on February 16, 2024 pursuant to sections 16, 17 and 18 of the Government

Organization Act.

1 The Designation and Transfer of Responsibility

Regulation (AR 11/2023) is amended by this Regulation.

Section 5(1)(

e) is repealed.

Section 14 is amended

(

a) in subsection (1) by adding the following after

clause (b):

(b.1) Early Learning and Child Care Act;

(

b) by adding the following after subsection (6):

(7) The responsibility for that part of the public service

associated with the parts of the appropriation transferred under

subsection (8) is transferred to the Minister of Jobs, Economy

and Trade.

(8) The responsibility for the administration of the unexpended

balance of the following parts of the 2023-24 Government

appropriation for Children and Family Services is transferred to

the Minister of Jobs, Economy and Trade:

(

a) program 3, Child Care;

(

b) the portion of program 1.3, Corporate Services, related

to child care.

Alberta Regulation 14/2024

Mineral Resource Development Act

ROCK-HOSTED MINERAL RESOURCE

DEVELOPMENT RULES

Filed: February 23, 2024

For information only: Made by the Alberta Energy Regulator on January 25, 2024

pursuant to

section 54(1) of the Mineral Resource Development Act.

Table of Contents

Part 1

Interpretation and Application

Interpretation

2 Resident defined

3 Application

4 Directives

Part 2

Applications, Transfers,

Variances and Security

5 Application for approval or discharge of agent

6 Exemption from requirement to appoint agent

7 Permit, licence or approval eligibility requirements

Permits for Mine Sites

8 Application for mine site permit

9 Application for extension or material alteration

Licences for Mines and External

Mine Discard Dumps

10 Application for mine or external mine discard dump licence

11 Application to resume operations

12 Application for extension or material alteration

13 Application to suspend, abandon or resume

Approvals for Processing Plants

14 Application for approval to construct or operate processing plant

15 Application to resume operations

16 Application for extension or material alteration

17 Application to suspend, abandon or resume

Transfers, Variances and Security

18 Transfer of permit, licence or approval

19 Variances

20 Security deposits for mine sites, mines, external mine discard

dumps and processing plants

21 Multiple security deposits

22 Remedial action by Regulator

23 Regulator request for closure plans

Part 3

Environmental Management

24 Compliance with environmental management requirements

25 Control of fluids encountered

26 Storage of rock-hosted mineral resources

Part 4

Restricted Areas

27 Restriction on mining or processing in city, town or village

28 Regulator's permission for mining or processing in city, town

or village

29 Restriction on location of mine or external mine discard dump

Part 5

Information Relating to Mines

and Processing Plants

30 Viewing by public of information

31 Designation of information as confidential

32 Use by Regulator of confidential information

33 No obligation on Regulator

Part 6

Records, Measurement and Reports

34 Emergency response plan

35 Mine plan

36 Register

37 Records of mine operation

38 Records of processing plant operation

39 Measurement requirements in Directive 091

40 Regulator direction for reports and plans

41 Financial and reserves information

42 False documents

Part 7

Fees, Expiry and Coming into Force

43 Fees

44 Waiver or variance of fees

45 Expiry

46 Coming into force

Schedule

Part 1

Interpretation and Application

Interpretation

1(1) In these Rules,

(a) "Act" means the Mineral Resource Development Act;

(b) "applicant" means a person that applies under the Act for

(

i) a permit for a mine site,

(ii) a licence for a mine or external mine discard dump, or

(iii) an approval for a processing plant;

(c) "concentrate" means a rock-hosted mineral resource that has

been processed in a processing plant;

(d) "operator" includes

(

i) the holder of a permit, licence or approval under

Part 3

of the Act, and

(ii) any person who undertakes to perform an operation

related to a mine, mine site or processing plant pursuant

to an agreement with a person referred to in subclause

(i);

(e) "pipeline" means a pipeline as defined in the Pipeline Act;

(f) "rock-hosted mineral resources" means mineral resources

other than brine-hosted mineral resources as defined in the

Brine-hosted Mineral Resource Development Rules

(AR 17/2023).

(2) A decision by the Regulator as to whether a definition under

subsection (1) is applicable in a particular case is final.

Resident defined

2 For the purposes of

section 49 of the Act and these Rules,

(

a) a permittee, licensee or an approval holder who is an

individual is resident in a jurisdiction if the individual makes

the individual's home in and is ordinarily present in that

jurisdiction, and

(

b) a permittee, licensee or an approval holder that is a

corporation is resident in a jurisdiction if a director or officer

of the corporation or a person employed or retained to

provide services to the corporation makes their home in that

jurisdiction, is ordinarily present in that jurisdiction and is

authorized to

(

i) make decisions respecting a permit for a mine site, a

licence for a mine or external mine discard dump, or an

approval for a processing plant issued by

(

A) the regulatory authority in that jurisdiction, or

(

B) the Regulator, in the case of Alberta,

(ii) develop the mine site, develop or operate the mine, or

construct or operate the external mine discard dump or

processing plant, and

(iii) implement directions from the regulatory authority or

the Regulator, in the case of Alberta, relating to the

mine site, mine, external mine discard dump or

processing plant.

Application

3(1) These Rules apply to permits, licences and approvals under

Part

3 of the Act.

(2) These Rules do not apply to

Part 2 of the Act.

Directives

4 In these Rules, a reference to one of the following directives means

a reference to that directive as published by the Regulator and

amended from time to time:

(

a) Directive 067: Eligibility Requirements for Acquiring and

Holding Energy Licences and Approvals;

(

b) Directive 071: Emergency Preparedness and Response;

(

c) Directive 091: Rock-hosted Mineral Resource Development.

Part 2

Applications, Transfers,

Variances and Security

Application for approval or discharge of agent

5 An application for the approval of an agent or for consent to

discharge an agent must be made in the form established for that

purpose by, and obtainable from, the Regulator.

Exemption from requirement to appoint agent

6(1) In this section, "mutual recognition agreement" means a valid

subsisting agreement between the Minister and a regulatory authority

of another jurisdiction for the purpose of recognizing a substantial

regulatory equivalency and enabling reciprocity between Alberta and

that jurisdiction.

(2) The Regulator may, on application, grant an exemption from the

requirement of

section 49 of the Act to appoint an agent if the

permittee, licensee or approval holder applying for the exemption

(

a) is resident in a jurisdiction outside Alberta that is a party to a

mutual recognition agreement and is subject to the authority

of the regulatory authority in that jurisdiction,

(

b) is in compliance with all applicable legislation in Alberta and

in the jurisdiction in which the permittee, licensee or

approval holder is resident and all applicable directives,

orders, decisions, directions and other instruments of the

regulatory authority referred to in clause (

a) and of the

Regulator,

(

c) provides evidence satisfactory to the Regulator that the

permittee, licensee or approval holder meets, and during the

time the permit, licence or approval is in effect will continue

to meet, the requirements set out in subsection (3), and

(

d) agrees to attorn to the jurisdiction of Alberta with respect to

all matters, obligations and liabilities pertaining to permits,

licences and approvals issued by the Regulator.

(3) An exemption under subsection (2) is subject to the condition that,

in substitution for the requirements of

section 49(2) and (3) of the Act,

the permittee, licensee or approval holder must have

(

a) sufficient numbers of individuals who are trained and

competent to

(

i) carry out operations relating to a mine, mine site,

external mine discard dump or processing plant, as the

case may be, in compliance with the requirements of all

applicable legislation and all applicable directives,

orders, decisions, directions and other instruments of the

Regulator, and

(ii) respond sufficiently to incidents and emergencies,

and

(

b) representatives at a mine, mine site, external mine discard

dump or processing plant, as the case may be, during

development, operation and closure who are authorized to

make decisions respecting all aspects of the development,

operation and closure.

(4) An exemption under subsection (2) ceases to have effect

immediately on

(

a) the permittee, licensee or approval holder ceasing to meet a

requirement referred to in subsection (2)(a), (

b) or (d), or

(

b) the Regulator determining that it is no longer satisfied that the

permittee, licensee or approval holder meets or will continue

to meet the requirements set out in subsection (3).

Permit, licence or approval eligibility requirements

7(1) No person may acquire or hold a permit, licence or approval

unless the person is entitled or authorized to develop the rock-hosted

mineral resource and meets the eligibility requirements set out in

Directive 067 and, in the case of a corporation, the person is

(

a) registered, with an active status, under the Business

Corporations Act,

(

b) incorporated by or under

an Act of the Legislature, other than

the Business Corporations Act, and approved by the

Regulator as a corporation that may acquire or hold a permit,

licence or approval,

(

c) incorporated under the Bank Act (Canada),

(

d) a railway company incorporated under

an Act of the

Parliament of Canada,

(

e) registered under the Loan and Trust Corporations Act, or

(

f) an insurer licensed under the Insurance Act.

(2) If an applicant meets the eligibility requirements of Directive 067

to the satisfaction of the Regulator, the Regulator may grant permit,

licence or approval eligibility subject to any restrictions, terms or

conditions the Regulator considers appropriate.

(3) If an applicant does not meet the eligibility requirements of

Directive 067 to the satisfaction of the Regulator, the Regulator may

refuse to grant eligibility.

(4) The Regulator may revoke or restrict the eligibility of an applicant

if the applicant fails to acquire permits, licences or approvals under the

Act within a year of the day of the permit, licence or approval

eligibility being granted by the Regulator.

(5) A permittee, licensee or approval holder must continue to meet the

eligibility requirements of Directive 067 to the satisfaction of the

Regulator.

(6) The Regulator may restrict a permittee's, licensee's or approval

holder's eligibility to hold a permit, licence or approval if the

permittee, licensee or approval holder does not meet the eligibility

requirements of Directive 067 to the satisfaction of the Regulator.

Permits for Mine Sites

Application for mine site permit

8(1) An application for a permit to develop a mine site or re-open an

abandoned mine site must be made in accordance with Directive 091.

(2) An application to amend a permit to resume operations at a suspended

mine site must be made in accordance with Directive 091.

Application for extension or material alteration

9 An application to amend a permit to authorize an extension or

material alteration of the program of operations for which the permit was

granted must be made in accordance with Directive 091.

Licences for Mines and External

Mine Discard Dumps

Application for mine or external mine

discard dump licence

10(1) An application for a licence to develop or operate a mine must

be made in accordance with Directive 091.

(2) An application for a licence to construct or operate an external mine

discard dump must be made in accordance with Directive 091.

Application to resume operations

11 An application to amend a licence to resume operations at a

suspended mine must be made in accordance with Directive 091.

Application for extension or material alteration

12(1) An application to amend a licence for a mine or external mine

discard dump to authorize an extension or material alteration of the

program of operations for which the licence was granted must be made

in accordance with Directive 091.

(2) A licensee must notify the Regulator in accordance with Directive

091 of any proposed technical modifications to the mine design or

mine operations that have the potential to affect resource recovery or

environmental performance and do not come within the extension or

material alteration referred to in subsection (1).

(3) A licensee may not proceed with any proposed technical

modifications referred to in subsection (2) until permission in writing

is obtained from the Regulator.

Application to suspend, abandon or resume

13(1) An application for permission to suspend all or part of a mine or

mine site for more than 3 consecutive months must be made in

accordance with Directive 091.

(2) An application for permission to abandon all or part of a mine,

mine site or external mine discard dump must be made in accordance

with Directive 091.

(3) If a mine is suspended for more than 12 consecutive months, the

licensee must submit an application for permission, in accordance with

Directive 091, to

(

a) resume operations, or

(

b) abandon the mine.

(4) After carrying out abandonment operations, the licensee must

submit an application for an abandonment approval in accordance with

Directive 091.

Approvals for Processing Plants

Application for approval to construct or

operate processing plant

14 An application for an approval to construct or operate a

processing plant must be made in accordance with Directive 091.

Application to resume operations

15 An application to amend an approval to resume operations at a

suspended processing plant must be made in accordance with Directive

Application for extension or material alteration

16(1) An application to amend an approval to authorize an extension

or material alteration of the program of operations for which the

approval was granted must be made in accordance with Directive 091.

(2) An approval holder must notify the Regulator in accordance with

Directive 091 of any proposed technical modifications to the

processing plant design or processing plant operations that have the

potential to affect resource recovery or environmental performance and

do not come within the extension or material alteration referred to in

subsection (1).

(3) An approval holder may not proceed with any proposed technical

modifications referred to in subsection (2) until permission in writing

is obtained from the Regulator.

Application to suspend, abandon or resume

17(1) An application for permission to suspend a processing plant for

more than 3 consecutive months must be made in accordance with

Directive 091.

(2) An application for permission to abandon a processing plant must

be made in accordance with Directive 091.

(3) If a processing plant is suspended for more than 12 consecutive

months, the approval holder must apply to amend the approval, in

accordance with Directive 091, to

(

a) resume operations, or

(

b) abandon the processing plant.

(4) After carrying out abandonment operations, the approval holder

must apply to the Regulator for an abandonment approval in

accordance with Directive 091.

Transfers, Variances and Security

Transfer of permit, licence or approval

18(1) A transfer of a permit, licence or approval is not effective

unless this

section is complied with.

(2) An application to transfer a permit, licence or approval must be

made in accordance with Directive 091.

(3) If the Regulator directs the transfer of a permit, licence or approval

under

section 30(3) of the Act, the person to whom the permit, licence

or approval is transferred must pay the Regulator the fee set out in the

Schedule.

(4) If a permittee, licensee or approval holder changes its name or

amalgamates with another company that results in a change of name,

the permittee, licensee or approval holder must apply for an

amendment to the permit, licence or approval in accordance with

Directive 091.

Variances

19 The Regulator may vary a program or alter a condition prescribed

in any permit, licence, approval, permission or consent.

Security deposits for mine sites, mines, external mine

discard dumps and processing plants

20(1) The Regulator may require an applicant for a permit, licence,

approval or amendment to a permit, licence or approval to provide a

security deposit before issuing or amending the permit, licence or

approval.

(2) The Regulator may require a permittee, licensee or approval

holder, or an applicant for a transfer of a permit, licence or approval

who is not a permittee, licensee or approval holder, to provide a

security deposit

(

a) before approving a transfer of a permit, licence or approval,

and

(

b) at any time where the Regulator considers it appropriate to do

so to offset the estimated costs of

(

i) suspending, abandoning or reclaiming a mine site, mine,

external mine discard dump or processing plant,

(ii) providing care and custody for a mine site, mine,

external mine discard dump or processing plant, or

(iii) carrying out any other activities necessary to ensure the

protection of the public and the environment.

(3) The Regulator may require a security deposit to be provided, and

may administer a security deposit, on either of the following bases and

may convert a security deposit from one basis to the other:

(

a) relative to a particular mine site, mine, external mine discard

dump or processing plant;

(

b) relative to the operations of the permittee, licensee or

approval holder generally.

(4) If the Regulator determines that a security deposit currently held

by the Regulator is inadequate for the purposes described in subsection

(2), the Regulator may require the permittee, licensee or approval

holder to provide any additional amounts that the Regulator considers

necessary.

(5) A security deposit must be in one of the following forms, as

determined by the Regulator:

(

a) cash;

(

b) an irrevocable letter of credit in a form acceptable to the

Regulator;

(

c) a surety bond in a form acceptable to the Regulator;

(

d) another form of security acceptable to the Regulator.

(6) The Regulator may require that a security deposit be provided in

one payment or in more than one payment in the amounts and at the

times specified by the Regulator.

(7) If a permittee, licensee or approval holder fails to meet an

obligation or carry out an activity in respect of which the security

deposit was provided, the Regulator may,

(

a) in the case of a cash security deposit, apply all or part of the

security deposit held in the name of the permittee, licensee or

approval holder and any earned interest towards the costs

required to meet the obligation or carry out the activity,

(

b) in the case of a security deposit in the form of an irrevocable

letter of credit, cash the irrevocable letter of credit and apply

any or all of the cash towards the costs required to meet the

obligation or carry out the activity,

(

c) in the case of a security deposit in the form of a surety bond,

call on the surety bond and apply any or all of the funds

towards the costs required to meet the obligation or carry out

the activity, and

(

d) in the case of another form of security, call on the security

and apply any or all of the funds towards the costs required to

meet the obligation or carry out the activity.

(8) If a person other than the permittee, licensee or approval holder

does anything for the purposes of meeting the obligations or carrying

out the activity in respect of which the security deposit was provided,

the Regulator may distribute any or all of the security deposit to that

person for that purpose.

(9) On the request of a permittee, licensee or approval holder, the

Regulator must return all of a security deposit, together with any

earned interest, where the Regulator is satisfied that the permittee,

licensee or approval holder has

(

a) fully met all of the obligations and carried out all of the

activities in respect of which the security was provided, and

(

b) met the other eligibility requirements of the Regulator for a

full refund of the security deposit.

(10) On the request of a permittee, licensee or approval holder, the

Regulator may return part of a security deposit if the Regulator is

satisfied that the permittee, licensee or approval holder has

(

a) partially met the obligations and carried out the activities in

respect of which the security deposit was required, and

(

b) met the other eligibility requirements of the Regulator for a

partial refund of the security deposit.

Multiple security deposits

21 If a development contains more than one mine, external mine

discard dump or processing plant, the Regulator may require a separate

security deposit for each mine, external mine discard dump or

processing plant.

Remedial action by Regulator

22(1) Whenever the Regulator finds, in connection with a suspension

or abandonment under

section 13 or 17, that it is necessary to take

remedial action because of the failure of the permittee, licensee or

approval holder to comply with the prescribed conditions or

procedures, it shall notify the permittee, licensee or approval holder

accordingly.

(2) Costs referred to in

section 20(7) that exceed the security deposit

shall be payable to the Regulator by the permittee, licensee or approval

holder.

Regulator request for closure plans

23(1) When requested by the Regulator, a permittee, licensee or

approval holder must submit a closure plan in accordance with any

direction of the Regulator given under subsection (3).

(2) A closure plan must contain the information required by the

Regulator, and the plan must be approved by the Regulator subject to

(3) The Regulator may direct the timing and priority for performing

work with respect to the closure of the mine site, mine, external mine

discard dump or processing plant.

(4) A permittee, licensee or approval holder must comply with any

approved closure plan.

Part 3

Environmental Management

Compliance with environmental

management requirements

24 A permittee, licensee or approval holder must comply with the

environmental management requirements of Directive 091.

Control of fluids encountered

25(1) Every operator shall conduct its operations in a manner that any

flow of oil, gas or water encountered during mining can be controlled

and, if required by the Regulator, contained.

(2) If a flow of oil or gas is encountered during mining, the operator

shall

(

a) inform the Regulator immediately, and

(

b) take immediate steps to contain the flow in a manner

prescribed by or satisfactory to the Regulator.

Storage of rock-hosted mineral resources

26 A storage site for rock-hosted mineral resources must be designed,

located and constructed in accordance with Directive 091.

Part 4

Restricted Areas

Restriction on mining or processing

in city, town or village

27 No mining or processing of rock-hosted mineral resources and no

operation directly related to mining or processing of rock-hosted

mineral resources shall be conducted in any city, town or village or

within 400 metres of the corporate limits of a city, town or village

without the prior approval of the appropriate planning authority and

the written permission of the Regulator.

Regulator's permission for mining or

processing in city, town or village

28 The Regulator, as a condition of granting permission under

section 27, may direct the applicant to

(

a) provide a security deposit in an amount to be fixed by the

Regulator to indemnify the city, town or village against any

loss or damage,

(

b) submit to the Regulator, at specified intervals, reports and

plans on measurements of surface subsidence, or

(

c) submit to the city, town or village, at specified intervals, a

map or plan showing the exact location of all mine workings

in relation to surface structures in the immediate vicinity.

Restriction on location of mine or

external mine discard dump

29 No mine or external mine discard dump shall be constructed or

operated, without written permission from the Regulator, within 400

metres of

(

a) any major private or public works, highway, railway, airport

or pipeline other than a pipeline transporting rock-hosted

mineral resources, or

(

b) any other active mining operation or any existing energy

resource well or mineral resource well.

Part 5

Information Relating to Mines

and Processing Plants

Viewing by public of information

30 Subject to

section 31, a member of the public, with the permission

of the Regulator and at any time after commencement of commercial

operations, may view information and data relating to the operation of

a mine or processing plant and the rock-hosted mineral resource

produced or processed in a mine or processing plant, except for

information or data that includes specific reference to costs of

operation, production, processing or product pricing.

Designation of information as confidential

31(1) An operator using an untried or unproven mining or processing

method, in whose opinion premature disclosure of information

respecting the method may seriously prejudice the operator's

competitive position, may apply to the Regulator for an order

designating information respecting the method as confidential.

(2) Where the Regulator grants confidentiality under subsection (1),

information respecting the untried or unproven method may be kept

confidential for a period to be determined by the Regulator and reflected

in the order.

(3) If the Regulator, after consultation with the operator, decides that

the release of information under this

section is in the public interest, it

may release the information before the expiration of the assigned

period.

Use by Regulator of confidential information

32(1) Notwithstanding any provision of these Rules, the Regulator

may use confidential information for the purpose of preparing reports,

maps and supporting information that it may publish from time to time.

(2) If the Regulator uses confidential information in accordance with

subsection (1), the report, map or supporting information prepared by

it shall be confined to

(

a) a delineation of the deposit involved,

(

b) an indication of the general geological identity,

configuration, size, direction and degree of dip of the deposit

involved,

(

c) a disclosure of the Regulator's estimate of resources and

reserves,

(

d) in the case of a near surface rock-hosted mineral resource

deposit, a qualitative notation that the reserves are considered

to be recoverable by surface mining, and

(

e) in the case of a rock-hosted mineral resource recoverable by

underground methods, the average depth or range of depths

at which the rock-hosted mineral resource occurs.

No obligation on Regulator

33 Nothing in this Part requires the Regulator

(

a) to obtain, for the purpose of making it available to the public,

any information, data or materials that it does not otherwise

have pursuant to the Act or these Rules,

(

b) to publish or make available any data otherwise than on

request, or

(

c) to make any data or materials available otherwise than on

view at facilities provided by the Regulator for the purpose,

in the ordinary routine observed at the offices and on

payment to the Regulator of its usual fees for those services.

Part 6

Records, Measurement and Reports

Emergency response plan

34(1) A permittee, licensee or approval holder must prepare a site-specific

emergency response plan in accordance with Directive 071 and

Directive 091.

(2) A permittee, licensee or approval holder must file on request the

site-specific emergency response plan referred to in subsection (1) with

the Regulator for review by the Regulator.

Mine plan

35(1) A permittee or licensee must prepare a mine plan in accordance

with Directive 091.

(2) The permittee or licensee must keep the mine plan referred to in

subsection (1) in the office at the mine or mine site.

(3) The permittee or licensee must submit on request the mine plan

referred to in subsection (1) to the Regulator.

(4) The Regulator may vary the mine plan requirements in Directive

091 with respect to any mine as the Regulator deems appropriate.

Register

36 A permittee, licensee or approval holder shall keep in the office at

the mine, mine site or processing plant a current register of the names,

residence addresses and designated positions of all managerial

personnel employed at or in connection with the mine, mine site or

processing plant.

Records of mine operation

37(1) In this

section and

section 38, "run of mine rock-hosted mineral

resource" means unprocessed mined material, which may consist of

soil, rock, overburden, mineral resources, middlings, contamination

and impurities.

(2) A permittee shall keep at the mine site office complete records of

the operation, in a form satisfactory to the Regulator, including

(

a) the daily quantity and average grades of run of mine

rock-hosted mineral resource extracted from the mine or

mines worked at the site,

(

b) the daily quantity and average grades of run of mine

rock-hosted mineral resource in storage,

(

c) the daily quantity of rock or overburden removed at the mine,

and

(

d) the daily disposition of rock-hosted mineral resource from

the mine or mines worked at the site.

(3) The permittee, at the direction of and for the period of time

specified by the Regulator, shall submit to the Regulator a copy of the

records retained at the mine site office pursuant to subsection (2).

(4) Any suspension of operations at the mine shall be noted in the

records.

(5) When more than one mineral resource is worked at a mine, the

records required by subsection (2) shall show the quantity, production

and disposition of mineral resource from each mineral resource

separately.

(6) When more than one mine is operated at a mine site, the records

required by subsection (2) shall show each mine separately.

Records of processing plant operation

38(1) A processing plant approval holder shall keep at the processing

plant office complete records of the operation, in a form satisfactory to

the Regulator, including

(

a) the daily quantity and average grades of run of mine

rock-hosted mineral resource processed,

(

b) the daily quantity of reject, tailings and any other waste

material produced,

(

c) the daily quantity and average grades of run of mine

rock-hosted mineral resource in storage,

(

d) the daily quantity and average grades of concentrate in

storage, and

(

e) the daily quantity and purity of refined metals in storage.

(2) The approval holder, at the direction of and for the period of time

specified by the Regulator, shall file with the Regulator a duplicate

copy of the records retained at the processing plant office pursuant to

subsection (1).

(3) Any suspension of operations at the processing plant shall be noted

in the records.

Measurement requirements in Directive 091

39 A permittee, licensee or approval holder must meet the

measurement and reporting requirements in Directive 091.

Regulator direction for reports and plans

40 The Regulator may direct a permittee, licensee or approval holder

to submit to the Regulator at specified intervals reports and plans on

any parameter the Regulator deems necessary.

Financial and reserves information

41(1) A permittee, licensee or approval holder must provide financial

and reserves information to the Regulator as and when directed by the

Regulator for the purposes of

(

a) assessing permittee, licensee or approval holder eligibility,

(

b) administering the liability management programs set out by

the Regulator, or

(

c) ensuring the safe, orderly and environmentally responsible

development of energy resources and mineral resources in

Alberta, including closure.

(2) The information provided under this

section must be kept

confidential by the Regulator,

(

a) in the case of financial information, for a period of 5 years,

and

(

b) in the case of reserves information, for a period of 15 years.

False documents

42(1) No person shall knowingly make a false statement in any record

or report required to be kept or made under the Act or these Rules.

(2) No person shall wilfully alter, remove, deface or destroy any

record or recording of measurements until the expiration of the period

during which that report or record is required to be kept under the Act

or these Rules.

(3) Subject to subsection (4), no person shall enter into any record or

report that is required to be kept or made under the Act or these Rules

as a measured amount a quantity not actually determined by

measurement.

(4) If a measurement cannot be made in a particular case, the quantity

may be estimated and recorded with a notation that it is an estimate.

(5) No person shall alter, remove, deface or destroy an entry or

marking made by the Regulator or its representatives in or on any

record or recording of measurements required to be kept under the Act

or these Rules.

(6) All measurements and estimates shall be recorded and reported to

a level of accuracy satisfactory to the Regulator.

Part 7

Fees, Expiry and Coming into Force

Fees

43 The fees payable to the Regulator under these Rules are set out in

the Schedule.

Waiver or variance of fees

44 The Regulator may vary or waive any fee in the

Schedule if, in the

opinion of the Regulator, circumstances so warrant.

Expiry

45 For the purpose of ensuring that these Rules are reviewed for

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

repassed in their present or an amended form following a review, these

Rules expire on March 1, 2034.

Coming into force

46 These Rules come into force on the coming into force of

Part 3 of

the Mineral Resource Development Act.

Schedule

Fee for submissions with data discrepancies, imbalances or errors

that are not corrected prior to the Regulator filing deadline

$100

Fee for filing any submission or report after the filing deadline

date

$500

Fee for follow up due to failure to provide notifications,

submissions or reports as required

$500

Fee for follow up due to failure to pay administrative fees

$500

Fee for processing any data, submission or report that is not

submitted on electronic media

$1 000

Fee for application for a Regulator-directed transfer of licence

$10 000

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

Alberta Regulation 15/2024

Marketing of Agricultural Products Act

ALBERTA MILK NEGOTIATION AND ARBITRATION

(EXPIRY DATE EXTENSION) AMENDMENT REGULATION

Filed: February 23, 2024

For information only: Made by the Alberta Agricultural Products Marketing Council

on December 13, 2023 and approved by the Minister of Agriculture and Irrigation on

February 22, 2024 pursuant to

section 33 of the Marketing of Agricultural Products

Act.

1 The Alberta Milk Negotiation and Arbitration Regulation

(AR 153/2002) is amended by this Regulation.

Section 29 is amended by striking out "February 28, 2024"

and substituting "February 28, 2026".

Alberta Regulation 16/2024

Guarantees Acknowledgment Act

GUARANTEES ACKNOWLEDGMENT FORMS

AMENDMENT REGULATION

Filed: February 28, 2024

For information only: Made by the Minister of Justice (M.O. 8/2024) on February

27, 2024 pursuant to

section 7 of the Guarantees Acknowledgment Act.

1 The Guarantees Acknowledgment Forms Regulation

(AR 66/2003) is amended by this Regulation.

Section 1.1 is amended by striking out "August 15, 2024"

and substituting "August 15, 2025".

3 The

Schedule is amended in the header to Form 2 by

striking out "Section 3" and substituting "Section 3.1".

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

Alberta Regulation 17/2024

Powers of Attorney Act

REMOTE SIGNING AND WITNESSING (EFFECTIVE PERIOD)

AMENDMENT REGULATION

Filed: February 28, 2024

For information only: Made by the Minister of Justice (M.O. 9/2024) on February

27, 2024 pursuant to

section 17 of the Powers of Attorney Act.

1 The Remote Signing and Witnessing (Effective Period)

Regulation (AR 141/2020) is amended by this Regulation.

Section 2 is amended by striking out "August 15, 2024"

and substituting "August 15, 2025".

Alberta Regulation 18/2024

Wills and Succession Act

REMOTE SIGNING AND WITNESSING (EFFECTIVE PERIOD)

AMENDMENT REGULATION

Filed: February 28, 2024

For information only: Made by the Minister of Justice (M.O. 10/2024) on February

27, 2024 pursuant to

section 112.1 of the Wills and Succession Act.

1 The Remote Signing and Witnessing (Effective Period)

Regulation (AR 140/2020) is amended by this Regulation.

Section 2 is amended by striking out "August 15, 2024"

and substituting "August 15, 2025".

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

Alberta Regulation 19/2024

Court of Justice Act

Court of King's Bench Act

PROVINCIAL JUDGES AND APPLICATIONS JUDGES

COMPENSATION AMENDMENT REGULATION

Filed: February 28, 2024

For information only: Made by the Lieutenant Governor in Council (O.C. 30/2024)

on February 28, 2024 pursuant to

section 9.52 of the Court of Justice Act and sections

8 and 16 of the Court of King's Bench Act.

1 The Provincial Judges and Applications Judges

Compensation Regulation (AR 176/98) is amended by this

Regulation.

Section 4 is repealed and the following is substituted:

Travel and subsistence expenses

4 Effective on the filing of the Provincial Judges and Applications

Judges Compensation Amendment Regulation, a judge is entitled to

reimbursement for travel and subsistence expenses incurred in the

course of the performance of the judge's duties as a judge in

accordance with the travel, meal and hospitality policy established

by directive of the Alberta Treasury Board that applies to persons

appointed to positions under the Public Service Act and working in

the Department of the Minister responsible for the justice system, or

any instrument replacing it, that is in force at the time the expenses

are incurred.

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

Alberta Regulation 20/2024

Mineral Resource Development Act

MINERAL RESOURCE DEVELOPMENT

AMENDMENT REGULATION

Filed: February 28, 2024

For information only: Made by the Lieutenant Governor in Council (O.C. 32/2024)

on February 28, 2024 pursuant to

section 55 of the Mineral Resource Development

Act.

1 The Mineral Resource Development Regulation

(AR 264/2022) is amended by this Regulation.

Section 2 is repealed.

3 This Regulation comes into force on the coming into

force of

Part 3 of the Mineral Resource Development Act.

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

Alberta Regulation 21/2024

Continuing Care Act

CONTINUING CARE REGULATION

Filed: February 28, 2024

For information only: Made by the Lieutenant Governor in Council (O.C. 33/2024)

on February 28, 2024 pursuant to

section 51(2) of the Continuing Care Act.

Table of Contents

Definitions

2 Incorporation of standards

Part 1

Exemptions

Definitions

4 Extent of exemptions

5 Exemptions - on application

6 Exemptions - on director's own motion

7 Restrictions on exemptions

8 Notice of decision

9 Notification of change in circumstances

10 Power to revoke or amend exemption

11 Publication

Part 2

Agreements

12 Prescribed parties to facility-based care agreement

13 Prescribed parties to home and community care agreement

14 Content of agreement

15 Termination of agreement by parties

16 Direction to terminate agreement

17 Transitional provision - agreements

Part 3

Provision of Care and Services

18 Health, well-being and safety

19 Assessments

20 Provision of prescribed goods and services

21 Caregiver support assessments

Part 4

Licensing

Division 1

Licensing Process

22 Continuing care home licences

23 Multiple licences

24 Types of facility-based care

25 Determination of licence type

26 Supportive living accommodation licence

27 Application for new licence

28 Application to renew or amend licence

29 Licensing decisions

30 Transition of licences

Division 2

Notice to Director

31 Definition

32 Notice to director

33 Prescribed events or circumstances

34 Timing of notice

35 Prescribed information

Part 5

Operation of Continuing Care Homes and

Supportive Living Accommodations

Interpretation

37 Resident and family councils

38 Resident money held in trust account

39 Transfer of resident money

40 Safeguarding personal property

41 Records

42 Insurance - trust accounts and property

43 General liability insurance

44 Supply of medication

Part 6

Staffing Requirements for Continuing Care Homes

Interpretation

46 Staffing plan

47 Compliance with staffing requirements

48 Clinical staff members

49 Charge nurse

50 Physician or nurse practitioner

51 Medical director

52 Director of care

53 Administrative leader

54 Staff educator

55 Staffing guideline

Part 7

Compliance and Enforcement

Division 1

Complaints

56 Definition

57 Complaint process

58 Complainant protection

59 Disclosure of identifying information

60 Complaint provisions

Division 2

Official Administrator

61 Official administrator

62 Notice of appointment

63 Extension of term

64 Notice of termination

65 Information and records

66 Collection, use and disclosure of information

Division 3

Administrative Penalties

67 Amount of administrative penalty

68 Notice of administrative penalty

Part 8

Appeals

69 Definition

70 Notice of appeal

71 Conduct of appeal

72 Notice

73 Evidence

74 Rights in respect of appeals

75 Absence of party

76 Withdrawal of appeal

77 Decision of appeal panel

Part 9

General

78 Publication of inspection results

79 Publication of continuing care home information

80 Form and manner of notification

81 Duty to notify

82 Prescribed information to be reported to Minister

83 Provision of information by home and

community care providers

84 Expiry

85 Coming into force

Definitions

1 In this Regulation,

(a) "combined agreement" means an agreement entered into by a

person or organization under

section 5 of the Act to provide

both

(

i) facility-based care as a continuing care home operator,

and

(ii) type 2 home and community care as a home and

community care provider;

(b) "Continuing Care Health Service Standards" means the

Continuing Care Health Service Standards approved by the

Minister and published by the department, as amended from

time to time;

(c) "facility-based care agreement" means

(

i) an agreement entered into by a continuing care home

operator under

section 5 of the Act to provide

facility-based care, or

(ii) the portion of a combined agreement that relates to the

provision of facility-based care;

(d) "facility-based care assessment" means an assessment or

reassessment of an individual conducted to determine one or

both of the following:

(

i) whether the individual requires facility-based care;

(ii) the nature of the facility-based care required by the

individual;

(e) "home and community care agreement" means

(

i) an agreement entered into by a home and community

care provider under

section 5 of the Act to provide type

2 home and community care, or

(ii) the portion of a combined agreement that relates to the

provision of type 2 home and community care;

(f) "home and community care assessment" means an

assessment or reassessment of an individual conducted to

determine one or both of the following:

(

i) whether the individual requires home and community

care;

(ii) the nature of the home and community care required by

the individual;

(g) "legal representative" means legal representative as defined

section 17(

b) of the Act;

(h) "prescribed accommodation goods and services" means the

accommodation goods and services prescribed in

section 2 of

the Continuing Care (Ministerial) Regulation;

(i) "prescribed health goods and services" means,

(

i) in respect of facility-based care, the health goods and

services prescribed in

section 3 of the Continuing Care

(Ministerial) Regulation, and

(ii) in respect of home and community care, the health

goods and services prescribed in

section 12 of the

Continuing Care (Ministerial) Regulation;

(j) "prescribed other goods and services" means,

(

i) in respect of facility-based care, the other goods and

services prescribed in

section 4 of the Continuing Care

(Ministerial) Regulation, and

(ii) in respect of home and community care, the other goods

and services prescribed in

section 13 of the Continuing

Care (Ministerial) Regulation;

(k) "regional health authority" means a regional health authority

established under the Regional Health Authorities Act;

(l) "regulated health professional" means a regulated member

under the Health Professions Act;

(m) "relevant regional health authority" means the regional health

authority for the health region in which

(

i) a continuing care home operator provides or intends to

provide facility-based care, or

(ii) a home and community care provider provides or

intends to provide home and community care;

(n) "type 1 home and community care" means type 1 home and

community care as defined in the Continuing Care

(Ministerial) Regulation;

(o) "type 2 home and community care" means type 2 home and

community care as defined in the Continuing Care

(Ministerial) Regulation;

(p) "type 3 home and community care" means type 3 home and

community care as defined in the Continuing Care

(Ministerial) Regulation;

(q) "type A continuing care home" means a continuing care

home operated by a type A operator where the operator

provides type A facility-based care;

(r) "type A facility-based care" means the facility-based care

designated by a relevant regional health authority as type A

facility-based care;

(s) "type A licence" means a type A continuing care home

licence established under

section 22(1)(a);

(t) "type A operator" means the continuing care home operator

of a continuing care home that holds a valid type A licence in

respect of that continuing care home;

(u) "type B continuing care home" means a continuing care

home operated by a type B operator where the operator

provides type B facility-based care;

(v) "type B facility-based care" means the facility-based care

designated by a relevant regional health authority as type B

facility-based care;

(w) "type B licence" means a type B continuing care home

licence established under

section 22(1)(b);

(x) "type B operator" means the continuing care home operator

of a continuing care home that holds a valid type B licence in

respect of that continuing care home;

(y) "type C continuing care home" means a continuing care

home operated by a type C operator where the operator

provides type C facility-based care;

(z) "type C facility-based care" means the facility-based care

designated by a relevant regional health authority as type C

facility-based care;

(aa) "type C licence" means a type C continuing care home

licence established under

section 22(1)(c);

(bb) "type C operator" means the continuing care home operator

of a continuing care home that holds a valid type C licence in

respect of that continuing care home.

Incorporation of standards

2 Pursuant to

section 51(3) of the Act, the following standards

approved by the Minister and published by the department, as amended

from time to time, are incorporated into and form part of this

Regulation:

(

a) Accommodation Standards - Continuing Care Home;

(

b) Accommodation Standards - Supportive Living

Accommodation;

(

c) Continuing Care Health Service Standards.

Part 1

Exemptions

Definitions

3 In this Part,

(a) "continuing care home entity" means

(

i) a continuing care home or a type or class of continuing

care home, or

(ii) a continuing care home operator or a type or class of

continuing care home operator;

(b) "exemption" means a designation by the director under

section 3(1) of the Act that a continuing care home entity or

home and community care entity is exempt from the

application of the Act;

(c) "home and community care entity" means a home and

community care provider or a type or class of home and

community care provider.

Extent of exemptions

4(1) The director may grant an exemption to a continuing care home

entity or home and community care entity only to the extent permitted

by this section.

(2) A continuing care home entity may be granted an exemption from

the application of

section 4 of the Act with respect to the requirement

to provide facility-based care and operate a continuing care home in

accordance with the following provisions:

(

a) section 5 of the Act;

(

b) sections 12, 14(1), 20(1) and (2), 44, 48 to 52, 60 and 82(1)

of this Regulation;

(

c) standard 20.6 of the Continuing Care Health Service

Standards.

(3) A home and community care entity may be granted an exemption

from the application of

section 4 of the Act with respect to the

requirement to provide home and community care in accordance with

the following provisions:

(

a) section 5 of the Act;

(

b) sections 13, 14(2), 20(3), 60 and 82(3) of this Regulation;

(

c) standard 20.6 of the Continuing Care Health Service

Standards.

Exemptions - on application

5(1) The following may apply to the director for an exemption:

(

a) a continuing care home operator, with respect to the

continuing care home operator or a continuing care home;

(

b) a home and community care provider, with respect to the

home and community care provider.

(2) An application must be made in the form and manner determined

by the director.

(3) Subject to

section 7(1), the director may grant an exemption on

receiving an application if the director is satisfied that

(

a) requiring the applicant to comply with the provisions for

which the exemption is sought is likely to cause undue

hardship to the applicant, or

(

b) special circumstances exist relating to

(

i) the operation of the continuing care home by the

applicant, or

(ii) the provision by the applicant of facility-based care or

home and community care.

Exemptions - on director's own motion

6(1) The director may grant an exemption on the director's own

motion in accordance with subsection (2) with respect to a continuing

care home entity or home and community care entity.

(2) Subject to

section 7(1), the director may grant an exemption on the

director's own motion if the director is satisfied that

(

a) requiring compliance with the provisions for which the

exemption is granted is likely to cause undue hardship to a

continuing care home entity or home and community care

entity, or

(

b) special circumstances exist relating to

(

i) the operation of a continuing care home or a type or

class of continuing care home, or

(ii) the provision of

(

A) facility-based care in a continuing care home or a

type or class of continuing care home, or

(

B) home and community care.

Restrictions on exemptions

7(1) The director shall not grant an exemption unless the director is

satisfied that the exemption will not adversely affect the ability of the

continuing care home operator or home and community care provider

to comply with

section 18(1), (3) or (4), as applicable.

(2) The director may impose conditions on an exemption.

(3) A decision of the director to grant an exemption under

section 5 or

6, to impose conditions on an exemption or to refuse to grant an

exemption is final.

Notice of decision

8(1) The director shall give notice in writing to the applicant of a

decision to grant or to refuse to grant an exemption under

section 5.

(2) If the director grants an exemption under

section 5, the notice must

contain any conditions imposed by the director on the exemption under

section 7(2).

Notification of change in circumstances

9 A continuing care home operator or home and community care

provider to whom or in respect of which an exemption is granted shall

notify the director if the exemption is no longer necessary or

appropriate.

Power to revoke or amend exemption

10 The director may revoke or amend an exemption if the director is

satisfied that

(

a) the continuing care home operator or home and community

care provider to whom or in respect of which the exemption

was granted has failed to meet the conditions imposed on the

exemption,

(

b) the exemption is no longer necessary or appropriate, or

(

c) the exemption adversely affects the ability of the operator or

provider to comply with

section 18.

Publication

11 The director may publish the following information respecting

exemptions on the department's website:

(

a) the name of a continuing care home operator or home and

community care provider to whom an exemption is granted;

(

b) where an exemption is granted in respect of a continuing care

home,

(

i) the name of the continuing care home, and

(ii) the name of the continuing care home operator;

(

c) any conditions imposed by the director on an exemption.

Part 2

Agreements

Prescribed parties to facility-based care agreement

12 The prescribed parties to a facility-based care agreement are

(

a) a continuing care home operator, and

(

b) the relevant regional health authority.

Prescribed parties to home and community care agreement

13 The prescribed parties to a home and community care agreement

are

(

a) a type 2 home and community care provider, and

(

b) the relevant regional health authority.

Content of agreement

14(1) A facility-based care agreement must include

(

a) a description of the facility-based care to be provided by the

continuing care home operator,

(

b) the amount of or the method for determining the amount of

the payments to be made under

section 6 of the Act with

respect to the facility-based care to be provided by the

continuing care home operator,

(

c) the maximum number of eligible residents that may reside in

the continuing care home at any one time,

(

d) a description of the staffing requirements that must be

reflected in the staffing plan developed under

section 46 and

any other staffing requirements agreed between the parties to

the agreement,

(

e) the termination date of the agreement, and

(

f) a description of the measures referred to in

section 18(1)(b).

(2) A home and community care agreement must include

(

a) a description of the home and community care to be provided

by the type 2 home and community care provider,

(

b) the amount of or the method for determining the amount of

the payments to be made under

section 10 of the Act with

respect to the home and community care to be provided by

the type 2 home and community care provider,

(

c) the termination date of the agreement, and

(

d) a description of the measures referred to in

section 18(4).

Termination of agreement by parties

15(1) Either party to a facility-based care agreement or home and

community care agreement may terminate the agreement by giving

notice in writing to the other party at least 12 months before the date

for termination of the agreement named in the notice.

(2) A notice referred to in subsection (1) must set out the reasons for

the termination.

Direction to terminate agreement

16(1) In this section, "required licence" means a continuing care

home licence of the type that a continuing care home operator is

required to hold in order to provide the facility-based care described in

a facility-based care agreement.

(2) The Minister may direct a regional health authority to terminate a

facility-based care agreement if the director

(

a) refuses to issue a required licence to the continuing care

home operator,

(

b) cancels a required licence held by the continuing care home

operator, or

(

c) refuses to renew a required licence held by the continuing

care home operator.

Transitional provision - agreements

17(1) In this section, "prior agreement" means an agreement entered

into before the coming into force of this

section between

(

a) a regional health authority and the operator of a nursing

home to which

section 57(1) of the Act applies,

(

b) a regional health authority and the operator of an auxiliary

hospital to which

section 57(2) of the Act applies,

(

c) a regional health authority and the operator of a supportive

living accommodation to which

section 57(3) of the Act

applies, or

(

d) a regional health authority and a person under the

Co-ordinated Home Care Program Regulation

(AR 296/2003) with respect to the provision of services that

fall within the definition of type 2 home and community care.

(2) Where a prior agreement referred to in subsection (1)(a), (

b) or (

c) is in effect on the coming into force of this section,

(

a) the prior agreement is deemed to be a facility-based care

agreement, and

(

b) sections 12, 14, 15 and 16 do not apply in respect of that

agreement until the earlier of

(

i) the date on which the agreement is renewed, or

(ii) 5 years after the date on which this

section comes into

force.

(3) Where a prior agreement referred to in subsection (1)(

d) is in

effect on the coming into force of this section,

(

a) the prior agreement is deemed to be a home and community

care agreement, and

(

b) sections 13, 14, 15 and 16 do not apply in respect of that

agreement until the earlier of

(

i) the date on which the agreement is renewed, or

(ii) 5 years after the date on which this

section comes into

force.

Part 3

Provision of Care and Services

Health, well-being and safety

18(1) A continuing care home operator shall

(

a) provide facility-based care and operate the continuing care

home in a manner that ensures the health, well-being and

safety of the residents of the continuing care home, and

(

b) take measures to ensure the health, well-being and safety of

residents in the event the facility-based care agreement is

terminated.

(2) A supportive living accommodation operator shall provide

supportive living services and operate the supportive living

accommodation in a manner that ensures the health, well-being and

safety of the residents of the supportive living accommodation.

(3) A home and community care provider shall provide home and

community care in a manner that ensures the health, well-being and

safety of the individuals to whom home and community care is

provided.

(4) A type 2 home and community care provider shall take measures

to ensure the health, well-being and safety of the individuals to whom

home and community care is provided in the event a home and

community care agreement is terminated.

Assessments

19(1) A facility-based care assessment or home and community care

assessment must be carried out by a regulated health professional using

a standardized assessment tool.

(2) The standardized assessment tool is to be determined as follows:

(

a) with respect to a facility-based care assessment of a resident

of a type A continuing care home or type B continuing care

home, in accordance with the Continuing Care Health

Service Standards;

(

b) with respect to a facility-based care assessment of a resident

of a type C continuing care home, by the regional health

authority conducting the assessment;

(

c) with respect to a home and community care assessment, in

accordance with the Continuing Care Health Service

Standards.

Provision of prescribed goods and services

20(1) A continuing care home operator shall provide each resident of

the continuing care home with

(

a) the prescribed accommodation goods and services, and

(

b) the prescribed other goods and services that the resident has

been assessed as requiring under a facility-based care

assessment.

(2) A continuing care home operator shall provide each eligible

resident with the prescribed health goods and services that the eligible

resident has been assessed as requiring under a facility-based care

assessment.

(3) A home and community care provider shall provide each eligible

individual to whom it provides home and community care with

(

a) the prescribed health goods and services that the eligible

individual has been assessed as requiring under a home and

community care assessment, and

(

b) the prescribed other goods and services that the eligible

individual has been assessed as requiring under a home and

community care assessment.

Caregiver support assessments

21(1) In this section,

(a) "caregiver" means a family member or friend who provides

support or assistance to an eligible individual with respect to

the eligible individual's needs relating to home and

community care, but does not include a home and community

care provider;

(b) "caregiver support assessment" means an assessment or

reassessment of a caregiver to determine whether the

caregiver may benefit from caregiver support services;

(c) "caregiver support services" means services to support and

assist caregivers in carrying out caregiving responsibilities.

(2) A relevant regional health authority shall offer caregiver support

assessments to each caregiver of an eligible individual to whom home

and community care is provided.

(3) A caregiver who has been assessed as requiring caregiver support

services under a caregiver support assessment is eligible to receive

caregiver support services.

Part 4

Licensing

Division 1

Licensing Process

Continuing care home licences

22(1) The following types of continuing care home licence are

established:

(

a) type A continuing care home licence;

(

b) type B continuing care home licence;

(

c) type C continuing care home licence.

(2) A type A licence authorizes the licensee to operate a continuing

care home and provide type A facility-based care in the continuing

care home.

(3) A type B licence authorizes the licensee to operate a continuing

care home and provide type B facility-based care in the continuing care

home.

(4) A type C licence authorizes the licensee to operate a continuing

care home and provide type C facility-based care in the continuing care

home.

Multiple licences

23 Where a continuing care home operator provides different types

of facility-based care in different parts of a facility, the operator must

hold the required type of continuing care home licence in respect of

each part of the facility.

Types of facility-based care

24 Each regional health authority shall designate the facility-based

care authorized by each type of continuing care home licence with

respect to licences issued to continuing care home operators that enter

into agreements with the regional health authority.

Determination of licence type

25 The director shall determine the type of continuing care home

licence to issue in respect of a continuing care home based on

(

a) the facility-based care designated by the regional health

authority for each type of continuing care home licence under

section 24, and

(

b) the type of facility-based care to be provided in the

continuing care home under the facility-based care

agreement.

Supportive living accommodation licence

26 A supportive living accommodation licence authorizes the

licensee to

(

a) operate a supportive living accommodation, and

(

b) provide supportive living services to residents of the

supportive living accommodation.

Application for new licence

27(1) An application for a new continuing care home licence or

supportive living accommodation licence must be made in the form

and manner determined by the director.

(2) The application must contain the following:

(

a) the applicant's name and contact information;

(

b) a description of

(

i) the facility-based care, as described in the facility-based

care agreement, or supportive living services that the

applicant intends to provide in the continuing care home

or supportive living accommodation,

(ii) the demographic characteristics of the resident

population of the continuing care home or supportive

living accommodation, and

(iii) the physical design of the continuing care home or

supportive living accommodation;

(

c) where the applicant has entered into or intends to enter into

an agreement with a provider to provide facility-based care in

the continuing care home on the applicant's behalf,

(

i) the provider's name and contact information, and

(ii) the prescribed accommodation goods and services,

prescribed health goods and services or prescribed other

goods and services to be provided by the provider;

(

d) where the applicant has entered into or intends to enter into

an agreement with a provider to provide supportive living

services in the supportive living accommodation on the

applicant's behalf,

(

i) the provider's name and contact information, and

(ii) the supportive living services to be provided by the

provider;

(

e) a statutory declaration by the applicant as to whether the

applicant

(

i) has any outstanding charges or has at any time been

convicted of an offence under

(

A) the Act,

(

B) the Nursing Homes Act,

(

C) the Protection for Persons in Care Act,

(

D) the Public Health Act,

(

E) the Supportive Living Accommodation Licensing

Act,

(

F) a regulation made under

an Act referred to in

paragraphs (

A) to (E), or

(

G) the Criminal Code (Canada),

and

(ii) is or has been a party to any civil proceedings that may

be relevant to the applicant's ability to provide

facility-based care or supportive living services in a

manner that ensures the health, well-being and safety of

residents;

(

f) evidence of the following that is satisfactory to the director:

(

i) that the continuing care home or supportive living

accommodation

(

A) has been inspected by an executive officer under

the Public Health Act and the director is satisfied

by the period of time that has elapsed since the

inspection was conducted, and

(

B) is in compliance with the Public Health Act and

the regulations made under it;

(ii) that the continuing care home or supportive living

accommodation is in compliance with the Safety Codes

Act if the facility or the part of the facility in which the

continuing care home or supportive living

accommodation will be located

(

A) is new,

(

B) has been renovated specifically for the purposes of

operating the continuing care home or supportive

living accommodation, or

(

C) was, immediately before the application is made,

used for a purpose other than as a continuing care

home or supportive living accommodation;

(iii) where the continuing care home or supportive living

accommodation will be located in a facility or a part of

a facility other than those described in subclause (ii),

(

A) that a fire inspection of the facility or the part of

the facility has been conducted by an appropriate

authority and

(

I) the appropriate authority is satisfied with the

results of the inspection, and

(II) the director is satisfied by the period of time

that has elapsed since the inspection was

conducted,

(

B) if the applicant is unable to provide the results of a

fire inspection referred to in paragraph (A),

(

I) that a safety inspection of the facility or the

part of the facility has been conducted by a

safety codes officer designated as Fire Group

B1 or Fire Group B2 in accordance with the

Scope of Practice and Entrance

Qualifications, published by the Safety Codes

Council, as amended from time to time,

(II) that the safety officer is satisfied with the

results of the inspection, and

(III) that the director is satisfied by the period of

time that has elapsed since the inspection was

conducted;

(iv) that any required municipal permits or zoning approvals

have been issued;

(

v) that the applicant maintains the insurance policies

required under sections 42 and 43.

(3) The director may require an applicant to provide any additional

information or documents that the director considers necessary to make

a decision to issue a licence.

(4) An applicant shall provide the additional information and

documents referred to in subsection (3) within the period of time

specified by the director.

Application to renew or amend licence

28(1) An application to renew or amend a continuing care home

licence or a supportive living accommodation licence must be made in

the form and manner determined by the director.

(2) An application must contain the following:

(

a) updated information or documents, where there has been a

change in any of the information or documents described in

section 27;

(

b) any additional information or documents that the director

considers necessary to make a decision to renew or amend

the licence;

(

c) a description of any amendments to the licence requested by

the applicant and the reasons for the amendments.

Licensing decisions

29(1) The director may

(

a) impose conditions on a licence when issuing, amending or

renewing the licence if the director is satisfied that

(

i) the applicant meets any of the criteria set out in

subsection (2), and

(ii) the conditions are sufficient to mitigate any adverse

effects on the health, well-being or safety of the

residents of the continuing care home or supportive

living accommodation that are or may be caused by the

circumstances referred to in subclause (i),

(

b) refuse to issue, amend or renew a licence if the director is

satisfied that

(

i) the applicant meets any of the criteria set out in

subsection (2), and

(ii) the circumstances referred to in subclause (

i) are serious

enough to warrant a refusal.

(2) The following criteria apply for the purposes of subsection (1):

(

a) an applicant has a history of contraventions of or failures to

comply with

(

i) the Act,

(ii) the Nursing Homes Act,

(iii) the Protection for Persons in Care Act,

(iv) the Public Health Act,

(

v) the Supportive Living Accommodation Licensing Act,

(vi) a regulation made under

an Act referred to in subclauses

(

i) to (v), or

(vii) the Criminal Code (Canada);

(

b) an applicant for a new licence is or will be unable to operate

the continuing care home or supportive living

accommodation or provide facility-based care or supportive

living services in accordance with

(

i) the Act,

(ii) this Regulation, or

(iii) any other regulation made under the Act;

(

c) an applicant for the amendment or renewal of a licence is or

will be unable to operate the continuing care home or

supportive living accommodation or provide facility-based

care or supportive living services in accordance with

(

i) the Act,

(ii) this Regulation,

(iii) any other regulation made under the Act,

(iv) any conditions imposed on the licence,

(

v) a specified measures order, or

(vi) a stop order;

(

d) an applicant makes a false or misleading statement in the

application or provides false or misleading information or

falsified documents to the director in support of the

application;

(

e) an applicant fails to provide the information required under

section 27(3) or 30(2) within the period of time specified by

the director.

Transition of licences

30(1) Where the director is required to issue a licence under

(a)

section 57(1)(

b) or (2) of the Act, the director shall issue a

type A licence, or

(b)

section 57(3)(

b) of the Act, the director shall issue a type B

licence.

(2) A continuing care home operator issued a type A licence under

section 57(1)(

b) or (2) of the Act shall provide the information and

documents referred to in

section 27 to the director within the period of

time specified by the director.

Division 2

Notice to Director

Definition

31 In this Division, "notice to director" means a notice under

section

16 of the Act.

Notice to director

32(1) A notice to director must be given in the form and manner

determined by the Minister.

(2) A notice to director must include the following:

(

a) the licensee's name and contact information;

(

b) a description of the relevant event or circumstance referred to

section 16(a), (

b) or (

c) of the Act or

section 33;

(

c) the date on which

(

i) the event or circumstance is to occur or is intended to

occur, with respect to events or circumstances described

section 16(a), (

b) or (

c) of the Act or

section 33(

a) to

(e), or

(ii) the licensee first had reason to believe the event or

circumstance occurred, with respect to events or

circumstances described in

section 33(

f) to (m);

(

d) a description of how the licensee intends to mitigate the

effects of the event or circumstance on residents of the

continuing care home or supportive living accommodation.

Prescribed events or circumstances

33 The following events or circumstances are prescribed for the

purposes of

section 16(

d) of the Act:

(

a) a licensee intends to change the licensee's name or contact

information;

(

b) a licensee intends to terminate a facility-based care

agreement;

(

c) a licensee that is a continuing care home operator intends to

change the facility-based care provided to residents of the

continuing care home operated by the licensee;

(

d) a licensee that is a supportive living accommodation operator

intends to change the supportive living services provided to

residents of the supportive living accommodation operated

by the licensee;

(

e) a licensee intends to change the demographic characteristics

of the resident population of the continuing care home or

supportive living accommodation;

(

f) following an inspection under the Public Health Act, an

executive officer finds that a continuing care home or

supportive living accommodation is not in compliance with

that Act or the regulations made under it;

(

g) a continuing care home or supportive living accommodation

is found to be not in compliance with the Safety Codes Act;

(

h) an authority conducting a fire inspection of a continuing care

home or supportive living accommodation is not satisfied

with the results of the inspection;

(

i) a safety inspector conducting a safety inspection of a

continuing care home or supportive living accommodation as

described in

section 27(2)(f)(iii)(B)(

I) is not satisfied with the

results of the inspection;

(

j) a licensee no longer holds the required municipal permits or

zoning approvals for the continuing care home or supportive

living accommodation;

(

k) a licensee no longer maintains an insurance policy required

under sections 42 and 43;

(

l) an event or circumstance of which the director was

previously notified under

section 16 of the Act has not

occurred by the date set out in the previous notice to director;

(

m) the licensee has reason to believe that an event or

circumstance of which the director was previously notified

under

section 16 of the Act will not occur by the date set out

in the previous notice to director.

Timing of notice

34(1) A notice to director must be given at least 45 days before the

date on which any events or circumstances referred to in

section 16(a),

(

b) or (

c) of the Act or sections 33(a), (b), (c), (

d) or (

e) occur or are

intended to occur.

(2) A notice to director must be given on the date on which the

licensee first has reason to believe that any events or circumstances

referred to in

section 33(f), (g), (h), (i), (

j) or (

k) have occurred.

(3) A notice to director must be given as soon as possible after the

date

(

a) set out in the previous notice to director in the case of an

event or circumstance referred to in

section 33(l), or

(

b) on which the licensee first has reason to believe that the

event or circumstance will not occur in the case of an event

or circumstance referred to in

section 33(m).

Prescribed information

35(1) A notice to director under

section 16(a)(

i) of the Act relating to

an intention to change a provider of facility-based care must include

(

a) the name and contact information of the new provider, and

(

b) the prescribed accommodation goods and services,

prescribed health goods and services or prescribed other

goods and services to be provided by the new provider.

(2) A notice to director under

section 16(b)(

i) of the Act relating to an

intention to change a provider of supportive living services must

include

(

a) the name and contact information of the new provider, and

(

b) the supportive living services to be provided by the new

provider.

Part 5

Operation of Continuing Care Homes

and Supportive Living

Accommodations

Interpretation

36(1) In sections 37 to 42,

(a) "operator" means a type A continuing care home operator,

type B continuing care home operator or supportive living

accommodation operator;

(b) "resident and family council" means the resident and family

council of a continuing care home or supportive living

accommodation established or continued under

section 37 of

the Act.

(2) This Part, other than

section 43, does not apply to type C operators

or in respect of type C continuing care homes.

Resident and family councils

37(1) In this section, "family member" includes a resident's legal

representative.

(2) The purposes of a resident and family council are

(

a) to provide a supportive environment in which residents and

residents' family members can freely participate in

discussions and decision-making relating to

(

i) the continuing care home or the supportive living

accommodation,

(ii) the facility-based care provided in the continuing care

home or the supportive living services provided in the

supportive living accommodation, and

(iii) the residents' quality of life,

and

(

b) to facilitate information sharing and communication between

the operator, residents and residents' family members.

(3) Where no resident and family council exists or where a resident

and family council exists but has not been convened in more than 6

months, the operator shall ensure that residents and residents' family

members have access to a mechanism that fulfils the purposes of a

resident and family council as set out in subsection (2).

Resident money held in trust account

38(1) Where an operator holds money on behalf of a resident for a

period of more than 31 days, the operator shall deposit the money into

a trust account opened and maintained for that purpose.

(2) An operator that deposits money into or withdraws money from a

trust account on behalf of a resident shall provide a receipt to the

resident and the resident's legal representative as soon as practicable

after the operator deposits or withdraws the money.

(3) An operator shall not withdraw or use money held in a trust

account on behalf of a resident for any purpose unless that withdrawal

or use is authorized in writing by the resident or the resident's legal

representative.

(4) An operator shall account for and return to a resident or the

resident's legal representative all of the money held in a trust account

on behalf of the resident within 31 days after either of the following

occur:

(

a) the resident ceases to be a resident of the continuing care

home or supportive living accommodation;

(

b) the resident or the resident's legal representative requests that

the operator return the money.

Transfer of resident money

39(1) In this section,

(a) "new operator" means the operator to whom responsibility

for the operation of the continuing care home or supportive

living accommodation is being transferred;

(b) "original operator" means the operator from whom

responsibility for the operation of the continuing care home

or supportive living accommodation is being transferred.

(2) Where the responsibility for the operation of a continuing care

home or supportive living accommodation is transferred from the

original operator to a new operator, the original operator, with respect

to any money held in a trust account on behalf of a resident under

section 38(1), shall transfer the money to the trust account of the new

operator.

(3) Notwithstanding subsection (2), the original operator shall return

any money held in a trust account on behalf of a resident to the

resident or the resident's legal representative

(

a) on the request of the resident or the resident's legal

representative, or

(

b) if the new operator has not opened a trust account for the

purpose of holding money on behalf of residents.

Safeguarding personal property

40(1) On the request of a resident or a resident's legal representative,

an operator may hold the resident's personal property for safeguarding.

(2) Where an operator holds a resident's personal property for

safeguarding, the operator shall not use the property for any purpose

unless that use is authorized in writing by the resident or the resident's

legal representative.

(3) An operator shall account for and return to the resident or the

resident's legal representative all of the resident's personal property

held for safeguarding within 31 days after either of the following

occur:

(

a) the resident ceases to be a resident of the continuing care

home or supportive living accommodation;

(

b) the resident or the resident's legal representative requests that

the operator return the property.

Records

41(1) An operator shall create and maintain records with respect to

the following:

(

a) a deposit into a trust account under

section 38(1);

(

b) an authorization to withdraw money held in a trust account

on behalf of a resident under

section 38(3);

(

c) an authorization to use money held in a trust account on

behalf of a resident under

section 38(3);

(

d) the transfer of money held in a trust account on behalf of a

resident under

section 39(2);

(

e) the return of money held in a trust account on behalf of a

resident under

section 39(3);

(

f) a request to safeguard a resident's personal property under

section 40(1);

(

g) the specific items of a resident's personal property held for

safeguarding under

section 40(1);

(

h) an authorization to use a resident's personal property held for

safeguarding under

section 40(2).

(2) On the request of a resident or a resident's legal representative, an

operator shall make available to the resident or the resident's legal

representative at no charge any records referred to in subsection

(1) that relate to the resident's money or personal property.

Insurance ? trust accounts and property

42 An operator that holds money in a trust account on behalf of

residents or safeguards residents' personal property shall maintain, at

all times, an insurance policy in an amount covering the operator's

potential liability for loss resulting from theft, fraud and other similar

offences, whether committed by its employees or other persons.

General liability insurance

43(1) In this section, "operator" includes a type C operator.

(2) An operator shall maintain, at all times, a general liability

insurance policy in an amount not less than $2 000 000 for each

occurrence of loss or damage resulting from bodily injury to or the

death or disability of a person and for loss of or damage to property.

Supply of medication

44(1) In this section, "medication" means medication as defined in

the Continuing Care (Ministerial) Regulation.

(2) A type A operator shall maintain, at all times, a sufficient supply

of medication in the continuing care home to meet the needs of the

eligible residents of the continuing care home.

Part 6

Staffing Requirements for

Continuing Care Homes

Interpretation

45(1) In this Part,

(a) "certified graduate nurse" means a certified graduate nurse

within the meaning of the Health Professions Act;

(b) "clinical staff member" means a regulated health professional

or other individual employed or engaged for services by a

continuing care home operator for the purposes of giving or

administering prescribed health goods and services and

prescribed other goods and services to the residents of the

continuing care home;

(c) "licensed practical nurse" means a licensed practical nurse

within the meaning of the Health Professions Act;

(d) "nurse practitioner" means a nurse practitioner within the

meaning of the Health Professions Act, but does not include

a graduate nurse practitioner;

(e) "registered nurse" means a registered nurse within the

meaning of the Health Professions Act;

(f) "registered psychiatric nurse" means a registered psychiatric

nurse within the meaning of the Health Professions Act;

(g) "regulated nurse" means a licensed practical nurse, registered

nurse, certified graduate nurse, nurse practitioner, graduate

nurse practitioner or registered psychiatric nurse.

(2) This Part does not apply to type C operators or in respect of type C

continuing care homes.

Staffing plan

46(1) A continuing care home operator shall develop and implement a

staffing plan in respect of the continuing care home.

(2) A staffing plan must

(

a) specify the number and type of clinical staff members

required to meet the assessed needs of the residents of the

continuing care home at all times, and

(

b) comply with the requirements set out in sections 48 to 54.

(3) On request, a continuing care home operator shall provide the

staffing plan and any related documents to

(

a) a resident of the continuing care home,

(

b) a resident's legal representative,

(

c) a resident's family member,

(

d) an employee of or individual engaged for services by the

continuing care home operator, or

(

e) the resident and family council of the continuing care home.

Compliance with staffing requirements

47 A continuing care home operator shall employ or engage the

services of a sufficient number and type of individuals to ensure the

requirements in the staffing plan and sections 48 to 54 are met at all

times.

Clinical staff members

48(1) A continuing care home operator shall ensure that at least 2

clinical staff members are on site and available at all times to give or

administer prescribed health goods and services and prescribed other

goods and services to residents.

(2) At least one of the clinical staff members referred to in subsection

(1) must be,

(

a) with respect to a type A continuing care home, a regulated

nurse other than a licensed practical nurse, and

(

b) with respect to a type B continuing care home, a regulated

nurse.

Charge nurse

49(1) A continuing care home operator shall ensure that a regulated

nurse is on duty as charge nurse at all times.

(2) A continuing care home operator shall ensure that a charge nurse is

on site and available at all times to give or administer prescribed health

goods and services and prescribed other goods and services to

residents.

(3) The charge nurse on duty may be one of the clinical staff members

referred to in

section 48(2).

Physician or nurse practitioner

50(1) A type A operator shall ensure that each resident is under the

care of a nurse practitioner or physician.

(2) A type A operator shall ensure that a nurse practitioner or

physician is available at all times to support clinical staff members in

giving or administering prescribed health goods and services and

prescribed other goods and services to residents.

Medical director

51(1) A type A operator shall employ or engage the services of an

individual as the medical director of the continuing care home.

(2) A type B operator may employ or engage the services of an

individual as the medical director of the continuing care home.

(3) A medical director must be a physician.

Director of care

52(1) A continuing care home operator shall employ an individual as

the director of care of the continuing care home.

(2) The director of care must be a regulated health professional.

(3) The continuing care home operator shall ensure that the director of

care or a delegate of the director is on site at all times.

Administrative leader

53(1) A continuing care home operator shall employ an individual as

the administrative leader of the continuing care home.

(2) The continuing care home operator shall ensure that the

administrative leader or a delegate of the administrative leader is

available at all times.

Staff educator

54(1) A continuing care home operator shall employ or engage the

services of an individual as the staff educator of the continuing care

home.

(2) The staff educator must be a regulated health professional.

Staffing guideline

55 The Staffing Guideline approved by the Minister and published by

the department, as amended from time to time, is incorporated into and

forms part of this Regulation.

Part 7

Compliance and Enforcement

Division 1

Complaints

Definition

56 In this Part, "complaint" means a complaint made under

section

30(1) of the Act.

Complaint process

57(1) A complaint must be made in the form and manner determined

by the director.

(2) The director may request any additional information, records,

food, material or equipment that the director considers necessary to

make a decision under

section 30(2) of the Act from

(

a) the complainant, or

(

b) the continuing care home operator, supportive living

accommodation operator or home and community care

provider that is the subject of the complaint.

(3) A continuing care home operator, supportive living

accommodation operator or home and community care provider to

whom the director makes a request under subsection (2) shall provide

the requested information, records, food, material or equipment as

soon as practicable.

Complainant protection

58 No continuing care home operator, supportive living

accommodation operator or home and community care provider or

individual employed by or engaged for services by a continuing care

home care operator, supportive living accommodation operator or

home and community care provider shall discourage or prevent or

attempt to discourage or prevent a person from making a complaint.

Disclosure of identifying information

59(1) In this section, "identifying information" means

(

a) the name of the complainant,

(

b) any information from which the identity of the complainant

can be readily ascertained, and

(

c) the following information where the complainant makes the

complaint on behalf of a resident of a continuing care home

or supportive living accommodation or an individual to

whom home and community care is provided:

(

i) the name of the resident or individual on whose behalf

the complaint is made;

(ii) any information from which the identity of the resident

or individual can be readily ascertained.

(2) A complainant may make a request to the director that the

complainant's identifying information not be disclosed.

(3) No person shall disclose the identifying information of a

complainant who makes a request under subsection (2) to

(

a) the continuing care home operator, supportive living

accommodation operator or home and community care

provider that is the subject of the complaint, or

(

b) any individual employed by or engaged for services by that

continuing care home operator, supportive living

accommodation operator or home and community care

provider.

(4) Notwithstanding subsection (3), the inspector to whom a complaint

has been referred under

section 30(2)(

c) of the Act may disclose a

complainant's identifying information to the operator, provider or

individuals referred to in subsection (3)(

a) or (

b) if authorized to do so

by the director.

(5) The director may authorize disclosure under subsection (4) only if

the director is of the opinion that disclosure is required to ensure the

health, well-being or safety of

(

a) the residents of the continuing care home or supportive living

accommodation in respect of which the complaint is made, or

(

b) the individuals to whom home and community care is

provided by the home and community care provider that is

the subject of the complaint.

Complaint provisions

60(1) In this section, "complaint provisions" means

(

a) the provisions respecting complainant protection in

section

30(5) of the Act and

section 58, and

(

b) the provisions respecting disclosure of identifying

information in

section 59.

(2) A continuing care home operator or supportive living

accommodation operator must provide the complaint provisions in

writing to the following individuals at the following times:

(

a) each resident and the resident's legal representative

(

i) when the resident is admitted to the continuing care

home or supportive living accommodation, and

(ii) on the request of the resident or the resident's legal

representative;

(

b) each individual employed or engaged for services by the

continuing care home operator or supportive living

accommodation operator

(

i) when the individual begins employment or providing

services to the operator, and

(ii) on the request of the individual.

(3) A home and community care provider must provide the complaint

provisions in writing to the following individuals at the following

times:

(

a) each individual to whom the home and community care

provider provides home and community care and the

individual's legal representative

(

i) on the first occasion on which the home and community

care provider provides home and community care to the

individual, and

(ii) on the request of the individual or the individual's legal

representative;

(

b) each individual employed or engaged for services by the

home and community care provider

(

i) when the individual begins employment or providing

services to the provider, and

(ii) on the request of the individual.

(4) A continuing care home operator or supportive living

accommodation operator shall post a notice with the complaint

provisions in a prominent place in the continuing care home or

supportive living accommodation.

(5) When there is a change to the complaint provisions,

(

a) a continuing care home operator or supportive living

accommodation operator, as soon as practicable, shall

(

i) provide the updated complaint provisions to the

individuals referred to in subsection (2)(

a) and (b), and

(ii) post a notice with the updated complaint provisions in

accordance with subsection (4),

and

(

b) a home and community care provider, as soon as practicable,

shall provide the updated complaint provisions to the

individuals referred to in subsection (3)(

a) and (b).

Division 2

Official Administrator

Official administrator

61 An official administrator may be a regional health authority or a

continuing care home operator other than a regional health authority.

Notice of appointment

62(1) The Minister shall give written notice of an appointment under

section 31(1) of the Act to the official administrator and the continuing

care home operator.

(2) A notice under subsection (1) must contain the following

information:

(

a) the name and contact information of the official

administrator;

(

b) the date on which the appointment takes effect;

(

c) the date on which the appointment expires;

(

d) a description of any powers or authority conferred by the

Minister on the official administrator under

section 31(3) of

the Act;

(

e) a list of the information and records that the continuing care

home operator is required to provide under

section 65;

(

f) the date by which the continuing care home operator is

required to provide the information and records described in

clause (e).

(3) Where, after giving notice under subsection (2), the Minister

confers additional powers or authority on the official administrator

under

section 31(3) of the Act, the Minister shall give written notice of

the powers or authority to the official administrator and the continuing

care home operator.

Extension of term

63(1) The Minister may extend the term of the appointment of an

official administrator if, in the Minister's opinion, the health,

well-being or safety of the residents of the continuing care home are

likely to be or will continue to be prejudicially affected after the term

expires.

(2) The Minister shall give written notice of the extension, including

the date on which the extended term expires, to the official

administrator and the continuing care home operator.

Notice of termination

64 Where the Minister terminates an appointment, the Minister shall

give written notice of the termination, including the date on which the

termination takes effect, to the official administrator and the

continuing care home operator.

Information and records

65(1) A continuing care operator shall provide the information and

records to the official administrator appointed in respect of the

continuing care home that the official administrator determines are

required to operate and administer the continuing care home.

(2) The information and records referred to in subsection (1) must be

provided in the form and manner determined by the official

administrator.

Collection, use and disclosure of information

66 For the purposes of

section 31 of the Act and

section 65,

(

a) a continuing care home operator may disclose the following

information to the official administrator without an

individual's consent:

(

i) individually identifying health information within the

meaning of the Health Information Act;

(ii) personal information as defined in the Freedom of

Information and Protection of Privacy Act if the

continuing care home operator is a public body as

defined in that Act;

(iii) personal information as defined in the Personal

Information Protection Act if the continuing care home

operator is an organization as defined in that Act;

(

b) an official administrator may collect and use the following

information without an individual's consent:

(

i) individually identifying health information within the

meaning of the Health Information Act;

(ii) personal information as defined in the Freedom of

Information and Protection of Privacy Act if the official

administrator is a public body as defined in that Act;

(iii) personal information as defined in the Personal

Information Protection Act if the official administrator

is an organization as defined in that Act.

Division 3

Administrative Penalties

Amount of administrative penalty

67 In determining the amount of an administrative penalty, the

director may consider the following factors:

(

a) the severity of the contravention or failure to comply;

(

b) the degree of wilfulness or negligence in the contravention or

failure to comply;

(

c) whether mitigating circumstances exist with respect to the

contravention or failure to comply;

(

d) whether actions have been taken to prevent reoccurrence of

the contravention or failure to comply;

(

e) whether the continuing care home operator, supportive living

accommodation operator, home and community care

provider or other person required to pay the administrative

penalty has a history of contraventions of or failures to

comply with the Act or the regulations made under the Act;

(

f) whether the continuing care home operator, supportive living

accommodation operator, home and community care

provider or other person required to pay the administrative

penalty has derived any economic benefit from the

contravention or failure to comply;

(

g) any other factors that, in the opinion of the director, are

relevant.

Notice of administrative penalty

68 The following information is prescribed for the purposes of

section 47(2) of the Act:

(

a) the name of the continuing care home operator, supportive

living accommodation operator, home and community care

provider or other person required to pay the administrative

penalty;

(

b) the particulars of the contravention or failure to comply;

(

c) the amount of the administrative penalty;

(

d) the date by which the administrative penalty is required to be

paid;

(

e) a statement of the right to appeal under

section 33(2) of the

Act.

Part 8

Appeals

Definition

69 In this Part, "electronic means" means, in respect of attending or

conducting a hearing of an appeal, a method of electronic or telephonic

communication that enables all persons who are required or entitled to

participate in the hearing to hear and communicate with each other

instantaneously, including teleconferencing and computer

network-based or internet-based communication platforms.

Notice of appeal

70 A notice of appeal must contain the following information:

(

a) the name and contact information of the appellant;

(

b) the name and contact information of the appellant's lawyer or

other representative;

(

c) the reasons for the appeal;

(

d) with respect to an appeal under

section 33(1) of the Act,

(

i) a copy of the director's decision to refuse to issue,

amend or renew the licence, including the reasons for

the refusal, and

(ii) the date the appellant was provided with the written

reasons for the refusal under

section 14(3) of the Act;

(

e) with respect to an appeal under

section 33(2) of the Act,

(

i) a copy of the director's decision to issue the notice of

administrative penalty, and

(ii) the date on which the notice of administrative penalty

was issued.

Conduct of appeal

71(1) The chair of an appeal panel may decide to conduct an appeal

(

a) written submissions only, or

(

b) an oral hearing held

(

i) in person,

(ii) by electronic means, or

(iii) by a combination of the methods referred to in

subclauses (

i) and (ii).

(2) Where an appeal is to be conducted by oral hearing, the chair may

allow the parties to file written submissions with the appeal panel

before the hearing.

(3) The chair shall set the date by which written submissions must be

filed with the appeal panel in the case of appeals referred to in

subsection (1)(

a) or (2).

(4) The chair shall set the date, time and location of the hearing where

the appeal is to be conducted by oral hearing.

Notice

72 The chair of an appeal panel shall send a notice to the appellant,

the appellant's lawyer or other representative and the director that

contains the following:

(

a) the method by which the appeal is to be conducted;

(

b) where the appeal is to be conducted by written submissions

only, the date by which the written submissions must be filed

with the appeal panel;

(

c) where the appeal is to be conducted by oral hearing,

(

i) the date, time and location of the hearing,

(ii) the information required to enable each party or the

party's lawyer or other representative to attend the

hearing, and

(iii) the date by which written submissions must be filed

with the appeal panel, if the chair allows the parties to

file written submissions.

Evidence

73(1) Evidence may be given before an appeal panel in any manner

that the appeal panel considers appropriate.

(2) An appeal panel is not bound by the rules of evidence that apply to

judicial proceedings.

Rights in respect of appeals

74(1) A party to an appeal has a right to

(

a) be represented by a lawyer or other representative, and

(

b) make representations to the appeal panel.

(2) Where an appeal is conducted by oral hearing, a party and the

party's lawyer or other representative has the right to attend any

hearing held in respect of the appeal

Absence of party

75(1) If a party to an appeal conducted by oral hearing fails to appear

in person, by electronic means, or by lawyer or other representative for

the hearing at the date and time set out in the notice referred to in

section 72, the appeal panel may, as it considers proper in the

circumstances,

(

a) dismiss the appeal,

(

b) adjourn the appeal, or

(

c) conduct the hearing and determine the appeal in the party's

absence.

(2) If a party to an appeal conducted by written submissions fails to

file a written submission by the date set out in the notice referred to in

section 72, the appeal panel may, as it considers proper in the

circumstances,

(

a) dismiss the appeal,

(

b) set a new date by which the party must file a written

submission with the appeal panel, or

(

c) determine the appeal based on the information already filed

with the appeal panel.

Withdrawal of appeal

76 An appellant may withdraw an appeal in writing at any time

before the appeal panel renders its decision.

Decision of appeal panel

77(1) An appeal panel shall not make a decision that the director

would not have authority to make under the Act or this Regulation.

(2) An appeal panel's decision must be in writing and must include the

reasons for the decision.

(3) The chair of the appeal panel shall provide a copy of the decision,

including the reasons for the decision, to

(

a) the appellant,

(

b) the appellant's lawyer or representative, and

(

c) the director.

Part 9

General

Publication of inspection results

78(1) The Minister may publish the following information relating to

the results of an inspection carried out under

section 19 of the Act:

(

a) the date and time of the inspection;

(

b) the inspector's determination as to whether the continuing

care home operator, supportive living accommodation

operator or home and community care provider under

inspection has contravened or failed to comply with the Act,

this Regulation, the Continuing Care (Ministerial)

Regulation, a specified measures order, a stop order or a

condition of a licence;

(

c) the details of any contraventions or failures to comply

identified by the inspector while carrying out the inspection;

(

d) the details of any rectification by the continuing care home

operator, supportive living accommodation operator or home

and community care provider of the contraventions or

failures to comply referred to in clause (c).

(2) A continuing care home operator, supportive living

accommodation operator or home and community care provider shall,

as soon as reasonably practicable after being informed of the results of

an inspection,

(

a) on request, provide the

summary of the inspection prepared

by the department to each resident or eligible individual and

the resident's or eligible individual's legal representative, and

(

b) post the

summary of the inspection in a prominent place in

the continuing care home, supportive living accommodation

or home and community care office under inspection.

Publication of continuing care home information

79(1) Subject to subsection (4), the Minister shall publish or make

available the following information relating to each continuing care

home:

(

a) the name of the continuing care home;

(

b) the name and contact information of the continuing care

home operator;

(

c) whether the continuing care home is operated by

(

i) a regional health authority,

(ii) a person or organization on a not-for-profit basis, or

(iii) a person or organization on a for-profit basis;

(

d) the type or types of licences held by the continuing care

home operator in respect of the continuing care home;

(

e) the maximum number of eligible residents that may reside in

the continuing care home at any one time, as set out in the

facility-based care agreement;

(

f) the number of units of each type of accommodation, as

described in the Continuing Care (Ministerial) Regulation, in

the continuing care home;

(

g) any other information required by the Minister.

(2) Where there is a change to the information referred to in

subsection (1), a continuing care home operator shall provide the

Minister with the updated information during the year in which the

changes took place.

(3) The information referred to in subsection (1) must be published on

the Government of Alberta website or on any other website that the

Minister considers likely to be easily accessible to the public.

(4) The Minister shall not publish the information referred to in

subsection (1) in respect of a continuing care home if the Minister is

satisfied that publication could reasonably be expected to adversely

affect the health, well-being or safety of the residents of the continuing

care home.

Form and manner of notification

80 A notification under

section 44 of the Act must be made in the

form and manner determined by the director.

Duty to notify

81 The following events and circumstances apply for the purposes of

section 44(

b) of the Act:

(

a) the continuing care home operator, supportive living

accommodation operator or home and community care

provider is convicted, after the coming into force of this

section, of an offence under any of the following enactments,

regardless of whether the conduct that was the basis for the

conviction occurred before or after the coming into force of

this section:

(

i) the Act;

(ii) the Nursing Homes Act;

(iii) the Protection for Persons in Care Act;

(iv) the Public Health Act;

(

v) the Supportive Living Accommodation Licensing Act;

(vi) a regulation made under

an Act referred to in subclauses

(

i) to (v);

(vii) the Criminal Code (Canada);

(

b) a type 2 home and community care provider terminates a

home and community care agreement.

Prescribed information to be reported to Minister

82(1) Subject to subsection (2), the following information is

prescribed for the purposes of

section 45(1) of the Act with respect to

each continuing care home operated by a continuing care home

operator:

(

a) information collected from the facility-based care

assessments carried out by the continuing care home

operator;

(

b) the amounts and sources of the continuing care home

operator's revenues that relate to the provision of

facility-based care in the continuing care home;

(

c) the amounts and types of expenditures incurred by the

continuing care home operator that relate to the provision of

facility-based care in the continuing care home.

(2) Subsection (1)(

a) does not apply in respect of a type C continuing

care home.

(3) The following information is prescribed for the purposes of

section

45(1) of the Act with respect to a home and community care provider:

(

a) information collected from the home and community care

assessments carried out by the home and community care

provider;

(

b) the amounts and sources of the home and community care

provider's revenues that relate to the provision of home and

community care;

(

c) the amounts and types of expenditures incurred by the home

and community care provider that relate to the provision of

home and community care.

Provision of information by home

and community care providers

83 On the request of the director, a home and community care

provider shall provide the following information in the form and

manner determined by the director:

(

a) the name and contact information of the home and

community care provider;

(

b) a description of the home and community care provided by

the home and community care provider;

(

c) the following information with respect to any provider with

whom the home and community care provider has entered

into an agreement to provide home and community care on

the home and community care provider's behalf:

(

i) the provider's name and contact information;

(ii) the prescribed health goods and services or prescribed

other goods and services to be provided by the provider;

(

d) an indication as to whether the home and community care

provider provides type 2 home and community care, type 3

home and community care or both.

Expiry

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

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

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

Regulation expires on April 30, 2034.

Coming into force

85(1) This Regulation, except sections 67 and 68, comes into force on

April 1, 2024.

(2) Sections 67 and 68 come into force on April 1, 2025.

Alberta Regulation 22/2024

Continuing Care Act

CONTINUING CARE CONSEQUENTIAL

AMENDMENTS REGULATION

Filed: February 28, 2024

For information only: Made by the Lieutenant Governor in Council (O.C. 34/2024)

on February 28, 2024 pursuant to

section 64 of the Continuing Care Act.

1(1) The Adult Guardianship and Trusteeship Regulation

(AR 219/2009) is amended by this section.

(2) Section 1(2)(

c) is amended

(

a) by repealing subclause (

i) and substituting the

following:

(

i) a continuing care home as defined in the Continuing

Care Act,

(

b) in subclause (iii) by striking out "or auxiliary hospital".

(3) Schedule 2 is amended

(

a) in Form 34 in

Schedule 4 by striking out

"Accommodation, food and care in residential care facility

(e.g. nursing home)" and substituting "Accommodation,

food and care in residential facility";

(

b) in Form 38 by striking out "Paid to residential care

facility (e.g., nursing home)" and substituting "Paid to

residential facility".

2(1) The Alberta Aids to Daily Living and Extended Health

Benefits Regulation (AR 236/85) is amended by this section.

(2) Section 2(4)(

b) is amended by striking out "the Minister, a

nursing home or an auxiliary hospital" and substituting "the

Minister or a type A continuing care home as defined in the

Continuing Care Regulation".

3(1) The Assured Income for the Severely Handicapped

General Regulation (AR 91/2007) is amended by this

section.

(2) Section 1 is amended

(

a) in subsection (1) by adding the following after

clause (a):

(a.1) "continuing care home" means a continuing care home

as defined in the Continuing Care Act;

(

b) by repealing subsection (2)(

c) and substituting the

following:

(c) "facility" means

(

i) a continuing care home,

(ii) a part of an approved hospital as defined in the

Hospitals Act in which a person receives similar

care to that provided in a continuing care home if

(

A) the person ordinarily resides in a continuing

care home and is temporarily residing at the

approved hospital to receive medical

treatment, or

(

B) the person has been assessed as requiring

facility-based care under a facility-based care

assessment as defined in the Continuing Care

Regulation and is residing in the approved

hospital while waiting for admission to a

continuing care home,

(iii) a residential facility or part of a residential facility

approved by the Minister in exceptional

circumstances when an applicant or client has

unique care needs;

4(1) The Communicable Diseases Regulation (AR 238/85) is

amended by this section.

(2) Section 1(m.1)(iii) is repealed and the following is

substituted:

(iii) a continuing care home as defined in the Continuing Care

Act, and

5(1) The Critical Infrastructure Defence Regulation

(AR 169/2021) is amended by this section.

(2) Section 1(

b) is repealed and the following is substituted:

(

b) continuing care homes as defined in the Continuing Care

Act;

6(1) The Crown's Right of Recovery (Ministerial) Regulation

(AR 88/2012) is amended by this section.

(2) Section 3(

j) is repealed and the following is substituted:

(

j) the Crown's cost of home and community care services

provided to the recipient under the Continuing Care Act,

being

(

i) an hourly rate for those services established by the

Minister multiplied by the number of hours the recipient

received those services, or

(ii) any amount paid by or on behalf of the Crown for those

services;

7(1) The Crown's Right of Recovery Regulation

(AR 87/2012) is amended by this section.

(2) Section 3(

d) is repealed and the following is substituted:

(

d) a home and community care service provided under the

Continuing Care Act.

8(1) The Designation and Transfer of Responsibility

Regulation (AR 11/2023) is amended by this section.

(2) Section 11 is amended

(

a) by repealing subsection (1)(t), (w), (dd) and (ff);

(

b) by repealing subsection (2)(

b) and substituting the

following:

(

b) the Minister of Infrastructure for sections 28(1)(a), 42

and 43(

h) to (

j) of the Hospitals Act.

9(1) The Edmonton International Airport Vicinity Protection

Area Regulation (AR 55/2006) is amended by this section.

(2) Schedule 3 is amended

(

a) in

section 1 by adding the following after clause (g):

(h) "type A continuing care home" means a type A

continuing care home as defined in the Continuing Care

Regulation.

(

b) in

section 2(1) in the table by striking out "Nursing

Homes" and substituting "Type A Continuing Care

Homes".

10(1) The Electronic Transactions Act Designation

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

(2) The

Schedule is amended by striking out

* Appeal panels appointed under the Protection for Persons in

Care Act

* Appeal panels appointed under the Supportive Living

Accommodation Licensing Act

and substituting

* Appeal panels appointed under the Continuing Care Act

* Appeal panels appointed under the Protection for Persons in

Care Act

11(1) The Employment Standards Regulation (AR 14/97) is

amended by this section.

(2) Section 43.1 is amended

(

a) by renumbering it as

section 43.1(1);

(

b) in subsection (1)

(

i) by repealing clause (

c) and substituting the

following:

(c) "home care" means the following goods and

services provided to a home care client in the

client's home:

(

i) professional health services as defined in the

Continuing Care (Ministerial) Regulation;

(ii) personal care services as defined in the

Continuing Care (Ministerial) Regulation;

(iii) homemaking services within the meaning of

the Continuing Care (Ministerial)

Regulation;

(ii) by repealing clause (

e) and substituting the

following:

(e) "residential care" means the following goods and

services provided to a residential care client:

(

i) professional health services as defined in the

Continuing Care (Ministerial) Regulation;

(ii) personal care services as defined in the

Continuing Care (Ministerial) Regulation;

(

c) by adding the following after subsection (1):

(2) For greater certainty, home care and residential care do not

include

(

a) handyman services,

(

b) office or administrative services, or

(

c) janitorial and maintenance services.

12(1) The Exemption Regulation (AR 351/2003) is amended

by this section.

(2) Section 5.1(1)(d)(

i) is repealed and the following is

substituted:

(

i) a supportive living accommodation as defined in the

Continuing Care Act, or

13(1) The Fatality Inquiries Regulation (AR 65/2000) is

amended by this section.

(2) Section 7.1(2)(

b) is repealed and the following is

substituted:

(

b) a continuing care home operator as defined in the Continuing

Care Act, other than a continuing care home operator that is a

regional health authority established under the Regional

Health Authorities Act;

14(1) The Gaming, Liquor and Cannabis Regulation

(AR 143/96) is amended by this section.

(2) Section 1(1)(g)(ii) is amended by striking out "nursing

home" and substituting "continuing care home as defined in the

Continuing Care Act".

15(1) The Ground Ambulance Regulation (AR 110/2020) is

amended by this section.

(2) Section 1(1)(e)(ii) is repealed and the following is

substituted:

(ii) a type A continuing care home as defined in the Continuing

Care Regulation,

16(1) The Hospitalization Benefits Regulation (AR 244/90) is

amended by this section.

(2) Section 1(1) is amended

(

a) in clause (

g) by adding "or 5.01" after "section 5";

(

b) in clause (m)(i)(A)(III), (IV) and (

V) by striking out

"section 5(8)" wherever it occurs and substituting

"section 5.01";

(

c) in clause (s)

(

i) in subclauses (iii), (iv) and (iv.1) by striking out

"section 5(8)" wherever it occurs and

substituting "section 5.01";

(ii) by repealing subclause (v).

(3) Section 5 is repealed and the following is substituted:

Authorized charges

5(1) A resident of Alberta who is admitted as an in-patient to an

approved hospital shall be required to