Alberta Gazette — 15 December 2020 (Part II)
15 December 2020
Alberta — Gazette
Alberta Regulation 232/2020
Apprenticeship and Industry Training Act
APPEAL RULES AMENDMENT REGULATION
Filed: November 23, 2020
For information only: Made by the Minister of Advanced Education (M.O.
117/2020) on November 16, 2020 pursuant to
section 49 of the Apprenticeship and
Industry Training Act.
1 The Appeal Rules Regulation (AR 58/99) is amended by
this Regulation.
Section 2 is amended by adding the following after
subsection (2):
(2.1) Notwithstanding
section 43(
c) of the Act and this Regulation, a
refusal by the Executive Director under
section 26.3(10) of the
Ironworker Trade Regulation (AR 156/2006) to register a contract of
apprenticeship is not subject to appeal.
--------------------------------
Alberta Regulation 233/2020
Apprenticeship and Industry Training Act
APPRENTICESHIP AND INDUSTRY TRAINING ACT
(VARIOUS TRADES) AMENDMENT REGULATION
Filed: November 23, 2020
For information only: Made by the Alberta Apprenticeship and Industry Training
Board on October 15, 2020, and approved by the Minister of Advanced Education on
November 16, 2020 pursuant to
section 33(2) of the Apprenticeship and Industry
Training Act.
1(1) The Agricultural Equipment Technician Trade
Regulation (AR 259/2000) is amended by this section.
(2) Section 4 is amended by adding the following after
subsection (5):
(6) Despite subsections (2) to (5), an apprentice who began any
period of the apprenticeship program on or after September 1, 2017
is deemed to have acquired the hours of on the job training required
in the period if the apprentice acquired not less than 1500 hours of
on the job training before July 28, 2020.
2(1) The Auto Body Technician Trade Regulation
(AR 161/2008) is amended by this section.
(2) Section 7 is amended by adding the following after
subsection (5):
(6) Despite subsections (2) and (3), an apprentice who began the
first or 2nd period of the apprenticeship program on or after
September 1, 2017 is deemed to have acquired the hours of on the
job training required in the period if the apprentice acquired not less
than 1600 hours of on the job training before July 28, 2020.
(7) Despite subsections (4) and (5), an apprentice who began the 3rd
or 4th period of the apprenticeship program on or after September 1,
2017 is deemed to have acquired the hours of on the job training
required in the period if the apprentice acquired not less than 1500
hours of on the job training before July 28, 2020.
(3) Section 12 is amended by adding the following after
subsection (4):
(5) Despite subsection (2), an apprentice who began the first period
of the apprenticeship program on or after September 1, 2017 is
deemed to have acquired the hours of on the job training required in
the period if the apprentice acquired not less than 1600 hours of on
the job training before July 28, 2020.
(6) Despite subsections (3) and (4), an apprentice who began the
2nd or 3rd period of the apprenticeship program on or after
September 1, 2017 is deemed to have acquired the hours of on the
job training required in the period if the apprentice acquired not less
than 1500 hours of on the job training before July 28, 2020.
(4) Section 17 is amended by adding the following after
subsection (3):
(4) Despite subsections (2) and (3), an apprentice who began the
first or 2nd period of the apprenticeship program on or after
September 1, 2017 is deemed to have acquired the hours of on the
job training required in the period if the apprentice acquired not less
than 1600 hours of on the job training before July 28, 2020.
(5) Section 22 is amended by adding the following after
subsection (3):
(4) Despite subsection (2), an apprentice who began the first period
of the apprenticeship program on or after September 1, 2017 is
deemed to have acquired the hours of on the job training required in
the period if the apprentice acquired not less than 1600 hours of on
the job training before July 28, 2020.
3(1) The Automotive Service Technician Trade Regulation
(AR 262/2000) is amended by this section.
(2) Section 4 is amended by adding the following after
subsection (5):
(6) Despite subsections (2) to (5), an apprentice who began any
period of the apprenticeship program on or after September 1, 2017
is deemed to have acquired the hours of on the job training required
in the period if the apprentice acquired not less than 1500 hours of
on the job training before May 14, 2020.
4(1) The Boilermaker Trade Regulation (AR 264/2000) is
amended by this section.
(2) Section 4 is amended by adding the following after
subsection (4):
(5) Despite subsections (2) to (4), an apprentice who began any
period of the apprenticeship program on or after September 1, 2018
is deemed to have acquired the hours of on the job training required
in the period if the apprentice acquired not less than 1500 hours of
on the job training before August 11, 2020.
5(1) The Crane and Hoisting Equipment Operator Trade
Regulation (AR 272/2000) is amended by this section.
(2) Section 1(e)(ii) is repealed.
(3) Section 8 is amended by adding the following after
subsection (4):
(5) Despite subsections (2) to (4), an apprentice who began any
period of the apprenticeship program on or after September 1, 2018
is deemed to have acquired the hours of on the job training required
in the period if the apprentice acquired not less than 1500 hours of
on the job training before October 23, 2019.
(4) Section 15 is amended by adding the following after
subsection (3):
(4) Despite subsections (2) and (3), an apprentice who began the
first or 2nd period of the apprenticeship program on or after
September 1, 2018 is deemed to have acquired the hours of on the
job training required in the period if the apprentice acquired not less
than 1000 hours of on the job training before October 23, 2019.
(5) Section 26.2 is repealed and the following is
substituted:
Trade certificate re mobile crane branch, hydraulic mobile crane craft
or conventional mobile crane craft
26.2 A person who holds a trade certificate granted before
September 1, 2018 in the mobile crane branch of the trade, the
hydraulic mobile crane craft of the trade or the conventional
mobile crane craft of the trade may work in any or all of the
following:
(
a) the mobile crane operator branch of the trade;
(
b) the tower crane operator branch of the trade;
(
c) the boom truck operator branch of the trade;
(
d) the wellhead boom truck operator branch of the trade.
Trade certificate re boom truck craft
26.21 A person who holds a trade certificate granted before
September 1, 2018 in the boom truck craft of the trade may work in
any one or more of the following:
(
a) the tower crane operator branch of the trade;
(
b) the boom truck operator branch of the trade;
(
c) the wellhead boom truck operator branch of the trade.
(6) Section 26.3 is repealed and the following is
substituted:
Trade certificates re wellhead boom truck craft
26.3 A person who holds a trade certificate granted before
September 1, 2018 in the wellhead boom truck craft of the trade may
work in the wellhead boom truck operator branch of the trade.
Deemed trade certificates
26.4(1) A person to whom a document purporting to be a trade
certificate in the hydraulic mobile crane craft of the trade was issued
by the Minister on or after September 1, 2018 and before October
23, 2019 is deemed, on the coming into force of this section, to have
been granted a trade certificate in the mobile crane operator branch
of the trade.
(2) A person to whom a document purporting to be a trade
certificate in the tower crane branch of the trade was issued by the
Minister on or after September 1, 2018 and before October 23, 2019
is deemed, on the coming into force of this section, to have been
granted a trade certificate in the tower crane operator branch of the
trade.
(3) A person to whom a document purporting to be a trade
certificate in the boom truck branch of the trade was issued by the
Minister on or after September 1, 2018 and before October 23, 2019
is deemed, on the coming into force of this section, to have been
granted a trade certificate in the boom truck operator branch of the
trade.
(4) A suspension of a document referred to in any of subsections
(1) to (3) that is in effect immediately before the coming into force of
this
section continues in effect on the coming into force of this
section until the suspension ceases to have effect according to its
terms.
(5) This
section does not apply to a person to whom a document
referred to in any of subsections (1) to (3) was issued if the
document was cancelled by the Minister after its issuance and,
immediately before the coming into force of this section, the
cancellation remains in effect.
6(1) The Electric Motor Systems Technician Trade
Regulation (AR 273/2000) is amended by this section.
(2) Section 4 is amended by adding the following after
subsection (5):
(6) Despite subsections (2) to (5), an apprentice who began any
period of the apprenticeship program on or after September 1, 2017
is deemed to have acquired the hours of on the job training required
in the period if the apprentice acquired not less than 1500 hours of
on the job training before August 11, 2020.
7(1) The Electrician Trade Regulation (AR 274/2000) is
amended by this section.
(2) Section 4 is amended by adding the following after
subsection (5):
(6) Despite subsections (2) to (4), an apprentice who began the first,
2nd or 3rd period of the apprenticeship program on or after
September 1, 2017 is deemed to have acquired the hours of on the
job training required in the period if the apprentice acquired not less
than 1500 hours of on the job training before May 14, 2020.
(7) Despite subsection (5), an apprentice who began the 4th period
of the apprenticeship program on or after September 1, 2017 is
deemed to have acquired the hours of on the job training required in
the period if the apprentice acquired not less than 1350 hours of on
the job training before May 14, 2020.
8(1) The Gasfitter Trade Regulation (AR 279/2000) is
amended by this section.
(2) Section 7 is amended by adding the following after
subsection (4):
(5) Despite subsections (2) to (4), an apprentice who began any
period of the apprenticeship program on or after September 1, 2017
is deemed to have acquired the hours of on the job training required
in the period if the apprentice acquired not less than 1500 hours of
on the job training before July 28, 2020.
(3) Section 8 is amended by adding the following after
subsection (2):
(3) Despite subsection (2), an apprentice who began the period of
the apprenticeship program on or after September 1, 2017 is deemed
to have acquired the hours of on the job training required in the
period if the apprentice acquired not less than 1500 hours of on the
job training before July 28, 2020.
(4) Section 13 is amended by adding the following after
subsection (3):
(4) Despite subsections (2) and (3), an apprentice who began the
first or 2nd period of the apprenticeship program on or after
September 1, 2017 is deemed to have acquired the hours of on the
job training required in the period if the apprentice acquired not less
than 1500 hours of on the job training before July 28, 2020.
(5) Section 14 is amended by adding the following after
subsection (2):
(3) Despite subsection (2), a person who began any period of the
apprenticeship program for the trade of plumber on or after
September 1, 2018 is deemed to have acquired the necessary hours
of on the job training and successfully completed the technical
training that is required or approved by the Board for the
gasfitter - Class B branch of the trade if that person
(
a) acquired under the apprenticeship program for the trade of
plumber not less than 1500 hours of on the job training
before August 20, 2019, and
(
b) successfully completed the technical training that is
attributable to the training of a gasfitter - Class B under the
apprenticeship program for the trade of plumber.
(6) Section 14.1 is amended by adding the following after
subsection (2):
(3) Despite subsection (2), a person who began any period of the
apprenticeship program for the trade of sheet metal worker on or
after September 1, 2017 is deemed to have acquired the necessary
hours of on the job training and successfully completed the technical
training that is required or approved by the Board for the
gasfitter - Class B branch of the trade if that person
(
a) acquired under the apprenticeship program for the trade of
sheet metal worker not less than 1425 hours of on the job
training before March 8, 2019, and
(
b) successfully completed the technical training that is
attributable to the training of a gasfitter - Class B under the
apprenticeship program for the trade of sheet metal worker.
9(1) The Instrumentation and Control Technician Trade
Regulation (AR 283/2000) is amended by this section.
(2) Section 4 is amended by adding the following after
subsection (5):
(6) Despite subsections (2) and (3), an apprentice who began the
first or 2nd period of the apprenticeship program on or after
September 1, 2017 is deemed to have acquired the hours of on the
job training required in the period if the apprentice acquired not less
than 1500 hours of on the job training before August 11, 2020.
(7) Despite subsections (4) and (5), an apprentice who began the 3rd
or 4th period of the apprenticeship program on or after September 1,
2017 is deemed to have acquired the hours of on the job training
required in the period if the apprentice acquired not less than 1425
hours of on the job training before August 11, 2020.
10(1) The Ironworker Trade Regulation (AR 156/2006) is
amended by this section.
(2) Section 2 is amended
(
a) in subsection (1) by striking out "sections 12, 17 and
22" and substituting "sections 12, 17, 22 and 26.1";
(
b) in subsection (2) by striking out "and" at the end of
clause (b), by adding "and" at the end of clause (
c) and by adding the following after clause (c):
(
d) the ironworker (generalist) branch of the trade.
(3) Section 2 is amended
(
a) in subsection (1) by striking out "sections 12, 17, 22
and 26.1" and substituting "sections 12, 17 and 22";
(
b) in subsection (2) by adding "and" at the end of
clause (b), by striking out "and" at the end of clause
(
c) and by repealing clause (d).
(4) Section 3 is amended by striking out "sections 13, 18 and
23" and substituting "sections 13, 18, 23 and 26.2".
(5) Section 3 is amended by striking out "sections 13, 18, 23
and 26.2" and substituting "sections 13, 18 and 23".
(6) Section 14 is amended by adding the following after
subsection (3):
(4) Despite subsections (2) and (3), an apprentice who began the
first or 2nd period of the apprenticeship program on or after
September 1, 2017 is deemed to have acquired the hours of on the
job training required in the period if the apprentice acquired not less
than 1500 hours of on the job training before December 5, 2019.
(7) Section 19 is amended by adding the following after
subsection (4):
(5) Despite subsections (2) to (4), an apprentice who began any
period of the apprenticeship program on or after September 1, 2017
is deemed to have acquired the hours of on the job training required
in the period if the apprentice acquired not less than 1500 hours of
on the job training before December 5, 2019.
(8) Section 24 is amended by adding the following after
subsection (3):
(4) Despite subsections (2) and (3), an apprentice who began the
first or 2nd period of the apprenticeship program on or after
September 1, 2017 is deemed to have acquired the hours of on the
job training required in the period if the apprentice acquired not less
than 1500 hours of on the job training before December 5, 2019.
(9) The following is added after
Part 5:
Part 5.1
Ironworker (Generalist) Branch
of the Trade
Trade Matters Respecting the Branch
Undertakings constituting the branch
26.1 The following undertakings constitute the ironworker
(generalist) branch of the trade:
(
a) the field fabrication, assembly, erection and disassembly of
structures;
(
b) the service, maintenance and repair of structures;
(
c) the field fabrication and erection of structural, miscellaneous
and ornamental metal work;
(
d) the placement of precast or prestressed concrete and concrete
reinforcement materials.
Tasks, activities and functions
26.2 When practising or otherwise carrying out work in the
ironworker (generalist) branch of the trade, the following tasks,
activities and functions come within that branch of the trade:
(
a) using detailed drawings and blueprints and other
specifications;
(
b) performing post-tensioning;
(
c) performing prestressing;
(
d) using hand tools, power tools and shop equipment, including
transits, levels, explosive actuated tools, post drills, radial
drills, angle rolls, punches, shears, brakes and presses;
(
e) using, setting up or assembling rigging equipment, including
wire rope, block and tackle, cranes, derricks, hoisting
equipment, swing stages, aerial platforms and scaffolds;
(
f) using oxyfuel cutting and arc tack welding equipment in heat
straightening, cutting and joining metals;
(
g) using new technology;
(
h) placing mechanical equipment and components;
(
i) using and maintaining fall protection systems.
Apprenticeship
Term of apprenticeship program
26.3(1) Subject to credit for previous training or experience being
granted pursuant to an order of the Board, the term of an
apprenticeship program for the ironworker (generalist) branch of the
trade is 4 periods of not less than 12 months each.
(2) In the first period of the apprenticeship program, an apprentice
must acquire not less than 1500 hours of on the job training and
successfully complete the technical training that is required or
approved by the Board.
(3) In the 2nd period of the apprenticeship program, an apprentice
must acquire not less than 1500 hours of on the job training and
successfully complete the technical training that is required or
approved by the Board.
(4) In the 3rd period of the apprenticeship program, an apprentice
must acquire not less than 1500 hours of on the job training and
successfully complete the technical training that is required or
approved by the Board.
(5) In the 4th period of the apprenticeship program, an apprentice
must acquire not less than 1500 hours of on the job training and
successfully complete the technical training that is required or
approved by the Board.
(6) The following persons are deemed, on the coming into force of
this section, to be apprentices in the apprenticeship program for the
ironworker (generalist) branch of the trade:
(
a) a person who, on the coming into force of this section, is a
party to a contract that
(
i) purports to be a contract of apprenticeship for the
person in the ironworker branch of the trade established
under the former regulation, and
(ii) was registered with the Executive Director under the
Apprenticeship and Industry Training Administration
Regulation (AR 257/2000) on or after September 1,
2017;
(
b) a person other than a person referred to in
section 26.7(1)
who, immediately before September 1, 2017, was a party to a
contract that
(
i) was a contract of apprenticeship for the person in the
ironworker branch of the trade established under the
former regulation, and
(ii) was registered with the Executive Director under the
Apprenticeship and Industry Training Administration
Regulation (AR 257/2000).
(7) A suspension of a registration referred to in subsection (6) that is
in effect immediately before the coming into force of this
section
continues in effect on the coming into force of this
section until the
suspension ceases to have effect according to its terms.
(8) Subsection (6) does not apply to a person who is a party to a
contract referred to in that subsection if the registration of the contract
was cancelled by the Minister and, immediately before the coming into
force of this section, the cancellation remains in effect.
(9) The hours of on the job training acquired by a person under a
contract referred to in subsection (6) before the coming into force of
this
section are deemed, on the coming into force of this section, to be
hours of on the job training acquired by the person in the
apprenticeship program for the ironworker (generalist) branch of the
trade.
(10) The Executive Director shall refuse to register a contract of
apprenticeship entered into after the coming into force of this section.
(11) In this section, "former regulation" means the Ironworker Trade
Regulation (AR 156/2006) as it read immediately before September 1,
Employment of apprentices
26.4(1) Where, with respect to the employment of apprentices in the
ironworker (generalist) branch of the trade, a person employs an
apprentice, that employment must be carried out in accordance with
this section.
(2) Subject to subsection (3), a person who is a certified journeyperson
in the ironworker (generalist) branch of the trade or employs a certified
journeyperson in the ironworker (generalist) branch of the trade may
employ 2 apprentices in that branch of the trade and 2 additional
apprentices in that branch for each additional certified journeyperson
in that branch that is employed by that person.
(3) Subsection (2) does not apply to an apprentice who is engaged in
an apprenticeship program
(
a) in the ironworker (generalist) branch of the trade and has
completed all the requirements required or approved by the
Board for advancement into the 4th period of that
apprenticeship program, or
(
b) in the structural/ornamental branch of the trade and has
completed all the requirements required or approved by the
Board for advancement into the 3rd period of that
apprenticeship program.
(4) For the purposes of subsection (2), a person who is a certified
journeyperson in the ironworker (generalist) branch of the trade or
employs a certified journeyperson in the ironworker (generalist)
branch of the trade, instead of employing an apprentice in an
apprenticeship program in that branch of the trade, may employ an
apprentice in an apprenticeship program in any other branch of the
trade to carry out any of the undertakings that constitute the
apprentice's branch of the trade.
Wages
26.5(1) With respect to the payment of wages to an apprentice in an
apprenticeship program in the ironworker (generalist) branch of the
trade, a person shall not, subject to the Apprenticeship Program
Regulation (AR 258/2000), pay wages to an apprentice that are less
than those provided for under subsection (2).
(2) Subject to the Employment Standards Code, a person employing
an apprentice referred to in subsection (1) must pay wages to the
apprentice that are at least equal to the following percentages of the
wages paid to employees who are certified journeypersons in the
ironworker (generalist) branch of the trade:
(a) 60% in the first period of the apprenticeship program;
(b) 70% in the 2nd period of the apprenticeship program;
(c) 80% in the 3rd period of the apprenticeship program;
(d) 90% in the 4th period of the apprenticeship program.
(10) The heading after
section 26.5 is repealed and the
following is substituted:
Part 6
Trade Certificates, Repeal and Expiry
(11) The following is added before
section 27:
Trade certificates granted before September 1, 2017
26.6(1) In this
section and
section 26.7, "former regulation" means
the Ironworker Trade Regulation (AR 156/2006) as it read
immediately before September 1, 2017.
(2) A person who holds a trade certificate granted before September
1, 2017 in the ironworker branch of the trade established under the
former regulation may work in any or all of the following:
(
a) the ironworker (metal building systems erector) branch of the
trade;
(
b) the ironworker (structural/ornamental) branch of the trade;
(
c) the ironworker (reinforcing) branch of the trade;
(
d) the ironworker (generalist) branch of the trade.
(3) A person who holds a trade certificate granted before September
1, 2017 in the metal building systems erector branch of the trade
established under the former regulation may work in the ironworker
(metal building systems erector) branch of the trade.
(4) A person who holds a trade certificate granted before September
1, 2017 in the structural/ornamental branch of the trade established
under the former regulation may work in the ironworker
(structural/ornamental) branch of the trade.
(5) A person who holds a trade certificate granted before September
1, 2017 in the reinforcing branch of the trade established under the
former regulation may work in the ironworker (reinforcing) branch
of the trade.
Deemed trade certificates
26.7(1) A person to whom a document purporting to be a trade
certificate in the ironworker branch of the trade established under the
former regulation was issued by the Minister on or after September
1, 2017 is deemed, on the coming into force of this section, to have
been granted a trade certificate in the ironworker (generalist) branch
of the trade and may work in any or all of the following:
(
a) the ironworker (metal building systems erector) branch of the
trade;
(
b) the ironworker (structural/ornamental) branch of the trade;
(
c) the ironworker (reinforcing) branch of the trade;
(
d) the ironworker (generalist) branch of the trade.
(2) A person to whom a document purporting to be a trade
certificate in the metal building systems erector branch of the trade
established under the former regulation was issued by the Minister
on or after September 1, 2017 is deemed, on the coming into force of
this section, to have been granted a trade certificate in the ironworker
(metal building systems erector) branch of the trade.
(3) A person to whom a document purporting to be a trade
certificate in the structural/ornamental branch of the trade
established under the former regulation was issued by the Minister
on or after September 1, 2017 is deemed, on the coming into force of
this section, to have been granted a trade certificate in the ironworker
(structural/ornamental) branch of the trade.
(4) A person to whom a document purporting to be a trade
certificate in the reinforcing branch of the trade established under the
former regulation was issued by the Minister on or after September
1, 2017 is deemed, on the coming into force of this section, to have
been granted a trade certificate in the ironworker (reinforcing)
branch of the trade.
(5) A suspension of a document referred to in any of subsections
(1) to (4) that is in effect immediately before the coming into force of
this
section continues in effect on the coming into force of this
section until the suspension ceases to have effect according to its
terms.
(6) This
section does not apply to a person to whom a document
referred to in any of subsections (1) to (4) was issued if the
document was cancelled by the Minister after its issuance and,
immediately before the coming into force of this section, the
cancellation remains in effect.
Repeal re ironworker (generalist)
26.8 The following provisions are repealed on September 1, 2023:
Part 5.1;
section 26.6(1)(d);
section 26.7(1)(d).
(12) The following is added after
section 26.8:
Trade certificates granted before September 1, 2023
26.9(1) In this section, "former regulation" means the Ironworker
Trade Regulation (AR 156/2006) as it read immediately before
September 1, 2023.
(2) A person who holds a trade certificate granted before September
1, 2023 in the ironworker (generalist) branch of the trade established
under the former regulation may work in any or all of the following:
(
a) the ironworker (metal building systems erector) branch of the
trade;
(
b) the ironworker (structural/ornamental) branch of the trade;
(
c) the ironworker (reinforcing) branch of the trade.
(13) Subsections (3), (5) and (12) have effect on September
1, 2023.
11(1) The Landscape Horticulturist Trade Regulation
(AR 286/2000) is amended by this section.
(2) Section 4 is amended by adding the following after
subsection (5):
(6) Despite subsections (2) to (5), an apprentice who began any
period of the apprenticeship program on or after September 1, 2018
is deemed to have acquired the hours of on the job training required
in the period if the apprentice acquired not less than 1200 hours of
on the job training before September 18, 2019.
12(1) The Plumber Trade Regulation (AR 295/2000) is
amended by this section.
(2) Section 4 is amended by adding the following after
subsection (5):
(6) Despite subsections (2) to (5), an apprentice who began any
period of the apprenticeship program on or after September 1, 2018
is deemed to have acquired the hours of on the job training required
in the period if the apprentice acquired not less than 1500 hours of
on the job training before August 20, 2019.
13(1) The Power System Electrician Trade Regulation
(AR 297/2000) is amended by this section.
(2) Section 4 is amended by adding the following after
subsection (5):
(6) Despite subsections (2) and (3), an apprentice who began the
first or 2nd period of the apprenticeship program on or after
September 1, 2017 is deemed to have acquired the hours of on the
job training required in the period if the apprentice acquired not less
than 1500 hours of on the job training before August 11, 2020.
(7) Despite subsections (4) and (5), an apprentice who began the 3rd
or 4th period of the apprenticeship program on or after September 1,
2017 is deemed to have acquired the hours of on the job training
required in the period if the apprentice acquired not less than 1425
hours of on the job training before August 11, 2020.
14(1) The Refrigeration and Air Conditioning Mechanic
Trade Regulation (AR 300/2000) is amended by this section.
(2) Section 4 is amended by adding the following after
subsection (5):
(6) Despite subsections (2) to (5), an apprentice who began any
period of the apprenticeship program on or after September 1, 2018
is deemed to have acquired the hours of on the job training required
in the period if the apprentice acquired not less than 1500 hours of
on the job training before August 11, 2020.
15(1) The Sheet Metal Worker Trade Regulation
(AR 303/2000) is amended by this section.
(2) Section 4 is amended by adding the following after
subsection (5):
(6) Despite subsections (2) to (5), an apprentice who began any
period of the apprenticeship program on or after September 1, 2017
is deemed to have acquired the hours of on the job training required
in the period if the apprentice acquired not less than 1425 hours of
on the job training before March 8, 2019.
--------------------------------
Alberta Regulation 234/2020
Municipal Government Act
CITY OF EDMONTON BELVEDERE COMMUNITY
REVITALIZATION LEVY AMENDMENT REGULATION
Filed: November 25, 2020
For information only: Made by the Lieutenant Governor in Council (O.C. 356/2020)
on November 25, 2020 pursuant to
section 381.5 of the Municipal Government Act.
1 The City of Edmonton Belvedere Community
Revitalization Levy Regulation (AR 57/2010) is amended by
this Regulation.
2 The following is added after
section 14:
Reporting
14.1 Commencing in 2021, on or before May 1 of each year, the
City of Edmonton shall, in the form and manner acceptable to the
Minister, submit to the Minister a report containing the required
information relating to the community revitalization levy, including
the information relating to
(
a) the amount of revenue raised by the levy from year to year,
broken down by the municipal portion and the education
property tax portion, and the amount from other sources of
revenue from year to year,
(
b) the amount of costs incurred under the community
revitalization plan from year to year, and
(
c) the incremental assessed value within the Belvedere
Community Revitalization Levy Area for the year and
previous years.
Section 15 is repealed and the following is substituted:
Expiry
15 This Regulation expires on December 31, 2032.
--------------------------------
Alberta Regulation 235/2020
Municipal Government Act
CITY OF EDMONTON THE QUARTERS DOWNTOWN
COMMUNITY REVITALIZATION LEVY
AMENDMENT REGULATION
Filed: November 25, 2020
For information only: Made by the Lieutenant Governor in Council (O.C. 357/2020)
on November 25, 2020 pursuant to
section 381.5 of the Municipal Government Act.
1 The City of Edmonton The Quarters Downtown
Community Revitalization Levy Regulation (AR 173/2010) is
amended by this Regulation.
2 The following is added after
section 14:
Reporting
14.1 Commencing in 2021, on or before May 1 of each year, the
City of Edmonton shall, in the form and manner acceptable to the
Minister, submit to the Minister a report containing the required
information relating to the community revitalization levy, including
the information relating to
(
a) the amount of revenue raised by the levy from year to year,
broken down by the municipal portion and the education
property tax portion, and the amount from other sources of
revenue from year to year,
(
b) the amount of costs incurred under the community
revitalization plan from year to year, and
(
c) the incremental assessed value within The Quarters
Downtown Revitalization Levy Area for the year and
previous years.
Section 15 is repealed and the following is substituted:
Expiry
15 This Regulation expires on December 31, 2031.
--------------------------------
Alberta Regulation 236/2020
Forests Act
TIMBER MANAGEMENT AMENDMENT REGULATION
Filed: November 25, 2020
For information only: Made by the Lieutenant Governor in Council (O.C. 359/2020)
on November 25, 2020 pursuant to
section 4 of the Forests Act.
1 The Timber Management Regulation (AR 60/73) is
amended by this Regulation.
2 The heading before
section 67 is amended by striking
out "Forest Product Tag" and substituting "Personal Use
Forest Products Permit".
Section 67 is amended
(
a) in subsection (1)
(
i) by striking out "On receipt of a non-refundable
permit fee of $5, the director may issue a Forest
Products Tag in the TM 66 tag form" and
substituting "The director may issue a Personal Use
Forest Products Permit free of charge";
(ii) by striking out "or" at the end of clause (b), by
adding "or" at the end of clause (
c) and by
adding the following after clause (c):
(d) 5 cubic metres of timber for firewood.
(
b) in subsection (2) by striking out "Forest Products Tag"
and substituting "Personal Use Forest Products Permit".
Section 68 is amended by striking out "the permit with him"
and substituting "the Personal Use Forest Products Permit with the
person".
Section 117(2)(
c) is amended by striking out "Forest
Products Tag or TM 66 tag" and substituting "Personal Use Forest
Products Permit".
--------------------------------
Alberta Regulation 237/2020
Corrections Act
CORRECTIONAL INSTITUTION
AMENDMENT REGULATION
Filed: November 25, 2020
For information only: Made by the Lieutenant Governor in Council (O.C. 361/2020)
on November 25, 2020 pursuant to
section 33 of the Corrections Act.
1 The Correctional Institution Regulation (AR 205/2001) is
amended by this Regulation.
2 The title is amended by striking out "CORRECTIONAL
INSTITUTION" and substituting "CORRECTIONS".
3 The heading after
section 42 is amended by striking out
"Earned Remission" and substituting "Parole and
Earned Remission".
4 The following is added before
section 42.1:
Eligibility to apply for parole
42.01(1) An inmate who is serving a sentence in provincial custody
under a warrant of committal is eligible to apply for parole.
(2) Subsection (1) does not apply to an inmate who, in addition to
serving a sentence in provincial custody under a warrant of
committal, is being held under the authority of an order for remand
or other judicial document constituting authority for detention.
(3) An inmate who is serving a term of imprisonment of less than
181 days may apply for parole but is not entitled to a hearing before
the Parole Board.
Parole eligibility date
42.02 The Director of an institution shall provide written notice to
every inmate sentenced to custody in the institution of the earliest
date by which the inmate is eligible to be granted parole no later than
14 days after the date on which the inmate begins to serve the
sentence.
When parole may be granted
42.03(1) Subject to subsection (2), the Parole Board may only grant
an inmate parole if the inmate has served 1/3 of the total term of
imprisonment imposed on the inmate.
(2) The Parole Board may at any time grant parole to an inmate if,
in the opinion of the Parole Board, compelling or exceptional
circumstances exist that warrant the grant of parole.
Conditions of parole
42.04 It is a condition of every grant of parole that the parolee
shall
(
a) obey the law and keep the peace,
(
b) report as directed to a parole supervisor,
(
c) remain at all times in Canada within the territorial boundaries
fixed by the parole supervisor,
(
d) obtain the consent of the Parole Board or the parole
supervisor for any change of residence or employment,
(
e) refrain from associating with any person who is engaged in
criminal activity or, unless approved by the parole
supervisor, with any person who has a criminal record,
(
f) notify the parole supervisor of any contact the parolee
knowingly has with police, and
(
g) keep a copy of the parolee's parole certificate with the
parolee at all times and produce the parole certificate to any
peace officer on request.
Parole certificate
42.05(1) The conditions of parole established under
section 42.04
and any other conditions determined by the Parole Board as being
applicable to a parolee must be set out in a parole certificate issued
to the parolee.
(2) An inmate who is granted parole may not be released from
provincial custody until the inmate reviews the conditions set out on
the parole certificate issued to the parolee and signs the certificate.
5 This Regulation has effect on February 1, 2021.
--------------------------------
Alberta Regulation 238/2020
Fisheries (Alberta) Act
GENERAL FISHERIES (ALBERTA)
AMENDMENT REGULATION
Filed: November 25, 2020
For information only: Made by the Lieutenant Governor in Council (O.C. 363/2020)
on November 25, 2020 pursuant to
section 43 of the Fisheries (Alberta) Act.
1 The General Fisheries (Alberta) Regulation (AR 203/97) is
amended by this Regulation.
Section 1(1) is amended
(
a) by repealing clause (b);
(
b) by repealing clause (
g) and substituting the
following:
(g) "fish culture premises" means a location where cultured
fish are kept alive for the purpose of propagation or
rearing or both;
(
c) by adding the following before clause (j):
(i.1) "licensee" means a person who holds a valid licence of
a type referred to in
section 2;
Section 2 is amended
(
a) in clause (
a) by adding the following after
subclause (iii):
(iv) fishing guide licence;
(
b) by repealing clause (c);
(
c) by repealing clause (
d) and substituting the
following:
(
d) commercial bait fishing licence;
(
d) in clause (
e) by repealing subclauses (ii) to (iii.1)
and substituting the following:
(ii) commercial fish culture licence;
Section 3 is repealed.
Section 4(1) is amended by striking out "licence holder"
and substituting "licensee".
Section 5 is amended
(
a) in subsection (2) by striking out ", a commercial
fishing licence";
(
b) by repealing subsections (3), (4) and (5);
(
c) in subsection (6) by striking out "licence holder" and
substituting "licensee".
Section 5.1 is amended
(
a) in subsection (1) by striking out "licence holder" and
substituting "licensee";
(
b) in subsection (2) by striking out "The holder of a
licence" and substituting "A licensee".
Section 6 is amended by striking out "licence holder" and
substituting "licensee".
Section 7 is repealed and the following is substituted:
Licensing exemptions
7 A licence that authorizes fishing is not required for fishing
(
a) in contained waters, or
(
b) in water in which fish are lawfully held live under the
authority of a licence for that location.
Section 8 is amended
(
a) by repealing subsection (1) and substituting the
following:
Live bait fish and live crayfish
8(1) A person shall not be in possession of live bait fish or live
crayfish
(
a) unless they are possessed as specifically authorized
under the authority of a research licence, or
(
b) if imported, unless they are held in contained waters as
pets or for sale as pets.
(
b) by repealing subsection (4).
Section 9(2) is amended
(
a) by striking out "licence holder" and substituting
"licensee";
(
b) by repealing clause (
b) and substituting the
following:
(
b) a term or condition included in the licence under
section
13(2) of the Act specifically authorizes the sale of those
fish.
Section 10(3) is repealed and the following is
substituted:
(3) For the purposes only of construing the definition of
"sportfishing" in subsection 1(1) of the Alberta Fishery Regulations,
1998 (Canada) (SOR/98-246), the concept of fishing under the
authority of "any licence issued under the provincial Act other than a
Sportfishing Licence" is to be deemed to refer to lawful fishing
specifically under the authority of any licence (issued under the Act)
other than a licence designated as a sportfishing licence in
section
2(a).
Section 13 is repealed.
Section 14 is amended by striking out ", on considering the
advice of the Director,".
Section 14.1 is amended
(
a) by repealing subsections (4) and (5);
(
b) by repealing subsection (6) and substituting the
following:
(6) Subject to this section, a person shall not retain or after
retention be in possession of a fish for whose retention a special
fish harvest licence is required unless, and may retain or so
possess it if, the person retaining it
(
a) was sportfishing lawfully under the authority of a valid
special fish harvest licence appropriate for that fish, or
(
b) was a person described in
section 10(1)(
a) and was
sportfishing lawfully under the authority of a special
fish harvest licence appropriate for that fish held by a
licensee who was present during the sportfishing.
(
c) in subsection (7) by striking out "and tagged";
(
d) by repealing subsections (8) and (9).
16 Sections 15 and 16 are repealed.
Section 19(3)(c)(ii) is amended by striking out "or
sturgeon fishing licence".
18 The following is added after
section 19.4:
Ice fishing shelters
19.5(1) In this section, "ice fishing shelter" means a structure
placed on an ice-covered body of water that is used for the purpose
of shelter while fishing through the ice.
(2) The owner of an ice fishing shelter shall, if the owner intends to
vacate the shelter for 24 hours or more, clearly and permanently
mark on the outside surface of the shelter the person's wildlife
identification number or name and telephone number in letters and
numbers of a contrasting colour that are not less than 2.5 cm high.
(3) The owner of an ice fishing shelter shall remove the shelter
(
a) on or before March 31 if the shelter is placed on a body of
water vested in the Crown in right of Alberta other than a
body of water within Fisheries Management Area PP1, or
(
b) on or before March 15 if the shelter is placed on a body of
water vested in the Crown in right of Alberta within Fisheries
Management Area PP1.
(4) Notwithstanding subsection (3), where a fishery officer
determines that ice break-up is likely to occur imminently, the
officer may direct the owner of an ice fishing shelter to remove the
shelter from a body of water.
(5) The owner of an ice fishing shelter who is directed to remove the
shelter under subsection (4) shall remove it immediately.
19 Sections 20 and 21 are repealed.
Section 22 is amended by striking out "licence holder"
and substituting "licensee".
Section 22.1 is amended by striking out "any of sections
20, 21 and" and substituting "section".
Section 24 is amended
(
a) in subsection (1)
(
i) by striking out "fishery officer" and substituting
"fisheries biologist";
(ii) by adding "who is 16 years of age or older" after
"resident of Canada";
(
b) in subsection (1.1)
(
i) by striking out "or that their continued presence is not
in the public interest";
(ii) by adding "who is 16 years of age or older" after
"resident of Canada";
(
c) by repealing subsection (2);
(
d) in subsection (3) by striking out "licence holder" and
substituting "licensee";
(
e) by adding the following after subsection (3):
(4) In this section, "fisheries biologist" means an individual
employed in the Department as a fisheries biologist.
Section 25 is amended
(
a) by repealing subsections (1) to (1.2) and
substituting the following:
Domestic fishing licence
25(1) A domestic fishing licence may be issued if the
Minister is satisfied that
(
a) the applicant is a resident of Alberta who is in dire
need of fish for the purposes of providing food for
(
i) the applicant and members of the applicant's
family living with the applicant, and
(ii) animals owned by the applicant or members
of the applicant's family living with the
applicant,
(
b) the applicant is a settlement member who is
resident in a settlement area, as defined in the
Metis Settlements Act, or
(
c) the applicant is a recognized Metis harvester under
the current version of the document entitled M‚tis
Harvesting in Alberta issued by the Department
and accessible on the Department's website.
(1.1) A domestic fishing licence
(
a) issued under subsection (1)(
b) may be used only
for the purpose of fishing in accordance with, and
subject to the restrictions imposed by,
Part 5 of the
Metis Settlements Act, or
(
b) issued under subsection (1)(
a) or (
c) may be used
only for the purpose of providing food for
(
i) the licensee and members of the licensee's
family living with the licensee, and
(ii) animals owned by the licensee or by
members of the licensee's family living with
the licensee.
(
b) in subsection (1.3)
(
i) by striking out "subsection (1.1)(a)" and
substituting "subsection (1)(b)";
(ii) by striking out "subsection (1.2)(a)" and
substituting "subsection (1.1)(a)";
(
c) in subsection (2) by striking out "subsection (1) or
(1.2)(
a) or (b), as the case may be" and substituting
"subsection (1.1)";
(
d) in subsection (3)
(
i) by striking out "authorizes the licence holder" and
substituting "authorizes the licensee";
(ii) by striking out "licence holder's" and substituting
"licensee's";
(
e) in subsection (4) by striking out "subsection (1.1)(b)"
and substituting "subsection (1)(c)".
Section 26(3) is amended striking out "that relates to" and
substituting ", including reasons relating to".
Section 27 is amended
(
a) in subsection (1) by striking out "Subject to
section 28,
a recreational fish culture licence holder" and substituting
"A recreational fish culture licensee";
(
b) by repealing subsection (2);
(
c) by repealing subsection (3) and substituting the
following:
(3) Subject to the Public Health Act, a commercial fish culture
licensee may acquire, propagate, rear and keep those cultured
fish and their live eggs listed in sections 1 and 2.1 of
Schedule
2 of the Ministerial Regulation that are specified in the licence,
in the waters specified in the licence, during the times and in
(
d) by repealing subsection (4).
Section 28 is repealed.
Section 28.1 is amended
(
a) in subsections (1) and (3) by striking out "class A or
class B" wherever it occurs;
(
b) in subsection (5) by striking out "the class A or class B
commercial fish culture licence holder" and substituting
"the commercial fish culture licensee".
Section 29 is amended
(
a) in subsection (1) by striking out "One of the grounds
for which the Minister may reject an application is" and
substituting "The Minister may reject an application";
(
b) in subsection (2.1) by striking out "class B".
Section 30 is amended
(
a) by striking out "possess live fish that are cultured fish for
direct or indirect sale for human consumption or sell such
fish" and substituting "propagate live fish that are
cultured fish";
(
b) in clause (
b) by striking out "licensed class A or class
B".
Section 31 is amended
(
a) in subsection (1)
(
i) by striking out "class A";
(ii) by striking out "licence holder" wherever it
occurs and substituting "licensee";
(
b) by repealing subsection (2) and substituting the
following:
(2) No person other than a commercial fish culture licensee or
an individual who is gainfully employed to work in a commercial
fish culture premises shall fish by angling in those fish culture
premises.
Section 31.1 is amended by striking out "class C
commercial" and substituting "recreational".
Section 32 is repealed.
Section 34 is repealed and the following is substituted:
Discharge of water by fish culture licensee
34 A fish culture licensee shall not allow water used in the fish
culture premises to be discharged where the water would either
directly or indirectly enter a body of water where fish may be present
unless
(
a) the body of water is within the licensee's licensed premises,
(
b) the water that is discharged is treated to the satisfaction of the
Director.
Section 37 is amended
(
a) by striking out "licence holder" wherever it occurs
and substituting "licensee";
(
b) in clause (
a) by striking out "section 27(2)(c), (3)(
c) or
(4)(b), as the case may be" and substituting "section 27".
Section 39 is amended by adding "unless authorized to do
so by a licence" after "premises".
Section 40 is amended
(
a) by striking out "The holder of a fish culture licence" and
substituting "A fish culture licensee";
(
b) by striking out "the holder of a research licence" and
substituting "a research licensee".
Section 41(1) is amended
(
a) by striking out "licence holder" and substituting
"licensee";
(
b) in clause (
c) by striking out "established under
section
3(1)(
h) in the licence" and substituting "included in the
licence under
section 13(2) of the Act".
Section 47.1(2) is amended by striking out "its holder"
and substituting "the licensee".
39 Sections 53 to 56 are repealed.
Section 60(1) is amended
(
a) in clause (
a) by striking out "the licence holder who has
taken the fish" and substituting "the licensee";
(
b) by adding "or" at the end of clause (b), striking out
"or" at the end of clause (b.1) and repealing clause
(c).
Schedule 1 is repealed.
42(1) This Regulation, except
section 18, has effect on April
1, 2021.
(2) Section 18 has effect on November 30, 2020.
Alberta Regulation 239/2020
Government Organization Act
CALGARY RESTRICTED DEVELOPMENT AREA
AMENDMENT REGULATION
Filed: November 25, 2020
For information only: Made by the Lieutenant Governor in Council (O.C. 364/2020)
on November 25, 2020 pursuant to
Schedule 5,
section 4 of the Government
Organization Act.
1 The Calgary Restricted Development Area Regulations
(AR 212/76) are amended by this Regulation.
Schedule A, describing land located in Township 23,
Range 29, West of the Fourth Meridian, is amended by
striking out
Section 13 - Plans 8910831, 8910497 and 0212675 showing
survey for descriptive purposes of
a right-of-way for a Transportation/Utility
Corridor
EXCEPTING THEREOUT
Blocks A, and Part of C, Plan 9010828
within the south half of
section 13; area D, Plan
0212675; Plan 1511571; all that portion of
government road allowance between SW 13 and
NW 12 (114 Avenue) within Plan 8910497 lying
southwest of southwest boundary of Block C,
Plan 9010828
Section 24 - Plan 8910831 showing survey for descriptive
purposes of a right-of-way for a
Transportation/Utility Corridor and Areas B, F,
N and O on Plan 9412550; Lots 15, 16 and 17 on
Plan 4441AH lying south of Plan 8910831, Plan
1011019; Areas P, R and T on Plan 1511643
EXCEPTING THEREOUT
Areas Q and S on Plan 1511643
and substituting
Section 13 - Plans 8910831, 8910497 and 0212675 showing
survey for descriptive purposes of a right-of-way
for a Transportation/Utility Corridor
EXCEPTING THEREOUT
Blocks A, and Part of C, Plan 9010828
within the south half of
section 13; Area D, Plan
0212675; Plan 1511571; all that portion of
government road allowance between SW 13 and
NW 12 (114 Avenue) within Plan 8910497 lying
southwest of southwest boundary of Block C,
Plan 9010828; Plan 2011077
Section 24 - Plan 8910831 showing survey for descriptive
purposes of a right-of-way for a
Transportation/Utility Corridor and Areas B, F,
N and O on Plan 9412550; Lots 15, 16 and 17 on
Plan 4441AH lying south of Plan 8910831; Plan
1011019; Areas P, R and T on Plan 1511643
EXCEPTING THEREOUT
Areas Q and S on Plan 1511643; Plan 2011077
Schedule A, describing land located in Township 24,
Range 29, West of the Fourth Meridian, is amended by
striking out
Section 13 - Plans 8911124 and 8910499 showing survey for
descriptive purposes of a right-of-way for a
Transportation/Utility Corridor and that portion
of the road on Plan 9711444
Section 24 - Plan 8910499 showing survey for descriptive
purposes of a right-of-way for a
Transportation/Utility Corridor
and substituting
Section 13 - Plans 8911124 and 8910499 showing survey for
descriptive purposes of a right-of-way for a
Transportation/Utility Corridor and that portion
of the road on Plan 9711444
EXCEPTING THEREOUT
Plan 2011079
Section 24 - Plan 8910499 showing survey for descriptive
purposes of a right-of-way for a
Transportation/Utility Corridor
EXCEPTING THEREOUT
Plan 2011079
Alberta Regulation 240/2020
Various Acts
FINANCIAL INSTITUTIONS REGULATIONS
AMENDMENT REGULATION
Filed: November 25, 2020
For information only: Made by the Lieutenant Governor in Council (O.C. 366/2020)
on November 25, 2020 pursuant to Various Acts.
1(1) The Alberta Treasury Branches Regulation (AR 187/97)
is amended by this section.
(2) The title of the Regulation is repealed and the following
is substituted:
ATB FINANCIAL REGULATION
(3) Section 1(1)(
a) is amended by striking out "Alberta
Treasury Branches" and substituting "ATB Financial".
(4) Section 10 is repealed and the following is substituted:
Hedging agreements
10(1) ATB may not enter into derivative contracts, including
exchange agreements, financial futures agreements, option
agreements and rate agreements or engage in any other similar
transactions unless the purpose of the transaction is to manage risks
associated with interest rates, exchange rates, equity prices,
commodity prices, credit risk or similar risks associated with specific
assets or liabilities or groups of assets or liabilities of ATB or its
customers.
(2) The board shall establish policies and procedures with respect to
the transactions referred to in subsection (1) and shall review those
policies and procedures at least once a year.
(5) Section 11.4 is repealed and the following is
substituted:
Requirements for payment of charges
11.4 The charges must, as directed by the Minister, be paid in the
form of
(
a) subordinated debt issued by ATB, or
(
b) cash.
(6) Section 29.1(12) is amended by striking out "April 1" and
substituting "April 30".
2(1) The Credit Union (Principal) Regulation (AR 249/89) is
amended by this section.
(2) Section 5 is amended by striking out "or" at the end of
clause (d), by adding "or" at the end of clause (
e) and by
adding the following after clause (e):
(
f) any information referred to in
section 16(1) of the Act to the
Bank of Canada for a purpose authorized by an agreement,
contract, memorandum of understanding or other written
arrangement made, with the prior approval of the Minister,
between the Corporation and the Bank of Canada.
(3) Section 15.1(1)(
i) is repealed.
3(1) The Financial Consumers Regulation (AR 165/2002) is
amended by this section.
(2) Section 5, as extended by the Regulations Expiry Date
Extension Regulation (AR 47/2020), is amended by striking
out "June 30, 2020" and substituting "January 31, 2026".
4(1) The Funds and Agencies Exemption Regulation
(AR 128/2002) is amended by this section.
(2) Schedule C is amended by striking out "Alberta Treasury
Branches Regulation" and substituting "ATB Financial
Regulation".
--------------------------------
Alberta Regulation 241/2020
Child, Youth and Family Enhancement Act
ADOPTION AMENDMENT REGULATION
Filed: November 25, 2020
For information only: Made by the Minister of Children's Services (M.O. 2020-10)
on October 29, 2020 pursuant to
section 131(2)(s), (
t) and (
v) of the Child, Youth and
Family Enhancement Act.
1 The Adoption Regulation (AR 187/2004) is amended by
this Regulation.
Section 6 is amended
(
a) by renumbering
section 6 as
section 6(1);
(
b) by adding the following after subsection (1):
(2) If an agency has been issued a conditional licence, the
agency must notify its clients in writing within 10 days after the
conditional licence has been issued that the agency's licence is
conditional and must provide the conditions to the agency's
clients.
Section 7(2)(
a) is amended by adding "which must include a
description of which fees are non-refundable and which fees are held
in trust," after "those services,".
Section 23 is amended
(
a) in subsection (2) by striking out "and" at the end of
clause (a), by adding "and" at the end of clause (
b) and by adding the following after clause (b):
(
c) costs associated with program development and
community outreach.
(
b) by adding the following after subsection (2):
(2.1) A flat rate fee that is charged to an approved applicant
under subsection (2)
(
a) is non-refundable, and
(
b) is considered to be a fee or expense incurred by the
agency for services provided to or for the benefit of that
person.
Section 24 is repealed and the following is substituted:
Funds held in trust
24(1) An agency that requires payment in advance for any of its
services must establish and maintain a separate account in a bank,
treasury branch or trust company in which the funds received by the
agency from any person who will be receiving services referred to in
this Regulation must be deposited and, subject to subsection (2), held
in trust by the agency for the person who will be receiving the
services.
(2) A flat rate fee that is charged to an approved applicant under
section 23(2) is not held in trust.
(3) Money held in trust under subsection (1) may only be withdrawn
and used after notification to the person who paid the agency for the
agency's services, and may only be used for fees and expenses
specified in
section 23(1) that are incurred by the agency for services
provided to that person.
(4) Money held in trust after fees and expenses are paid must be
returned to the person who paid the money to the agency.
(5) An agency must keep a separate book of accounts showing the
deposits and withdrawals from the account established under
subsection (1), the name of the person for whom each deposit or
withdrawal is made and the date of each deposit or withdrawal from
the account.
6 The following is added after
section 26:
Guardianship orders
26.1 For greater certainty, this Part does not apply to a
guardianship order obtained in another country and the director has
no role with respect to an international guardianship order.
--------------------------------
Alberta Regulation 242/2020
Child, Youth and Family Enhancement Act
ADOPTION AMENDMENT REGULATION
Filed: November 25, 2020
For information only: Made by the Minister of Children's Services (M.O. 2020-11)
on October 29, 2020 pursuant to
section 131(2)(s), (
v) and (tt) of the Child, Youth and
Family Enhancement Act.
1 The Adoption Regulation (AR 187/2004) is amended by
this Regulation.
Section 2 is amended
(
a) by adding the following after clause (b):
(b.1) "approved applicant" means an applicant who is
approved under
section 10(1)(
a) for an adoption
placement;
(
b) by adding the following after clause (c):
(d) "prospective adoptive parent's profile" means
information about an approved applicant.
Section 3(2)(
c) is amended by striking out "and" at the
end of subclause (
v) and adding the following after
subclause (v):
(v.1) advertising of prospective adoptive parents' profiles,
including the places in which and methods by which the
applicant intends to publish the advertisements, and
4 The following is added after
section 3:
Duty to report certain changes immediately
3.1 An agency must immediately report to a director any change in
the agency's program, procedures or policy respecting a matter
referred to in
section 3(2)(c)(v.1).
Section 21 is amended
(
a) in subsection (1)(
b) by adding the following after
subclause (ii):
(ii.1) advertisements of prospective adoptive parents' profiles
published by the agency and the places in which and
methods by which the profiles were advertised,
(
b) by adding the following after subsection (1):
(1.1) If a director requires additional information relating to a
matter referred to in subsection (1)(b), the director may, in
writing, order the agency to provide the information within the
time specified in the order.
Section 23(1) is amended by adding the following after
clause (n):
(n.1) publication of advertisements of a prospective adoptive
parent's profile;
Section 25(3) is repealed and the following is
substituted:
(3) An agency may publish an advertisement of a prospective
adoptive parent's profile only in accordance with subsections (2) and
(4) to (6).
(4) An agency must not advertise a prospective adoptive parent's
profile for any purpose in relation to
(
a) a direct placement adoption, or
(
b) an international adoption under
Part 2.
(5) An agency that advertises a prospective adoptive parent's profile
must
(
a) maintain sole control of the advertised profile at all times,
(
b) ensure that all communication between the prospective
adoptive parent and any parents or guardians responding to
the advertised profile is managed by the agency, and
(
c) take reasonable steps to ensure that no person shares the
advertised profile by republishing or posting it in any place
or by any method.
(6) The advertisement by an agency of a prospective adoptive
parent's profile must not include personal information about the
prospective adoptive parent unless the prospective adoptive parent
has consented to the inclusion of that information.
(7) If a director is of the opinion that advertising by an agency
contravenes this section, the director may, in writing, order the
agency to take the measures specified in the order within the time
specified in the order.
Section 35, as extended by the Regulations Expiry Date
Extension Regulation (AR 47/2020), is amended by striking
out "December 31, 2020" and substituting "December 31, 2025".
9 This Regulation has effect on the coming into force of
the Child, Youth and Family Enhancement (Adoption
Advertising) Amendment Act, 2017.
Alberta Regulation 243/2020
Freedom of Information and Protection
of Privacy Act
FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY
(MINISTERIAL) (EXPIRY DATE EXTENSION)
AMENDMENT REGULATION
Filed: November 25, 2020
For information only: Made by the Minister of Service Alberta (M.O. SA:032/2020)
on November 12, 2020 pursuant to
section 94(3) of the Freedom of Information and
Protection of Privacy Act.
1 The Freedom of Information and Protection of Privacy
(Ministerial) Regulation (AR 56/2009) is amended by this
Regulation.
Section 3, as extended by the Regulations Expiry Date
Extension Regulation (AR 47/2020), is amended by striking
out "November 30, 2020" and substituting "June 30, 2022".
--------------------------------
Alberta Regulation 244/2020
Fisheries (Alberta) Act
FISHERIES (MINISTERIAL) AMENDMENT REGULATION
Filed: November 25, 2020
For information only: Made by the Minister of Environment and Parks (M.O.
59/2020) on November 23, 2020 pursuant to
section 44 of the Fisheries (Alberta) Act.
1 The Fisheries (Ministerial) Regulation (AR 220/97) is
amended by this Regulation.
Section 2(1)(
f) is repealed.
Schedule 1 is amended
(
a) by repealing item 1.1;
(
b) by repealing item 2 and substituting the following:
2 Commercial bait fishing licence $25
(
c) in item 3
(
i) in sub-item (
b) by striking out "class A";
(ii) by repealing sub-items (
c) and (c.1);
(
d) by repealing item 7 and substituting the following:
7 Salvage fishing licence $0
(
e) by repealing item 8 and substituting the following:
8 Domestic fishing licence $0
(
f) by adding the following after item 10:
11 Fishing guide licence $0
Section 1 of
Schedule 2 is amended in Category 1 by
adding the following after clause (e):
(
f) Tiger trout Salmo trutta x Salvelinus
fontinalis
5(1) This Regulation, except
section 4, has effect on April 1,
(2) Section 4 has effect on November 30, 2020.
--------------------------------
Alberta Regulation 245/2020
Consumer Protection Act
CONSUMER PROTECTION ACT REGULATIONS
AMENDMENT REGULATION
Filed: November 27, 2020
For information only: Made by the Minister of Service Alberta (M.O. SA:024/2020)
on November 25, 2020 pursuant to sections 1(2), 4.1, 12, 42, 51, 57.6, 101(1), 105(1),
139 and 162(2) of the Consumer Protection Act.
1(1) The Consumer Transaction Cancellation and Recovery
Notice Regulation (AR 287/2006) is amended by this
section.
(2) Section 3 is repealed.
2(1) The Cost of Credit Disclosure Regulation (AR 198/99)
is amended by this section.
(2) Section 32 is repealed.
3(1) The Credit and Personal Reports Regulation
(AR 193/99) is amended by this section.
(2) Section 6, as extended by the Regulations Expiry Date
Extension Regulation (AR 47/2020), is amended by striking
out "August 31, 2020" and substituting "August 31, 2025".
4(1) The Direct Selling Business Licensing Regulation
(AR 190/99) is amended by this section.
(2) Section 13, as extended by the Regulations Expiry Date
Extension Regulation (AR 47/2020), is amended by striking
out "June 30, 2020" and substituting "June 30, 2023".
5(1) The Energy Marketing and Residential Heat Sub-
metering Regulation (AR 246/2005) is amended by this
section.
(2) Section 30, as extended by the Regulations Expiry Date
Extension Regulation (AR 47/2020), is amended by striking
out "August 31, 2020" and substituting "August 31, 2023".
6(1) The Exemption Regulation (AR 188/99) is amended by
this section.
(2) Section 2 is repealed.
7(1) The Gift Card Regulation (AR 146/2008) is amended by
this section.
(2) Section 8, as extended by the Regulations Expiry Date
Extension Regulation (AR 47/2020), is amended by striking
out "October 31, 2020" and substituting "October 31, 2023".
8(1) The Home Inspection Business Regulation
(AR 75/2011) is amended by this section.
(2) Section 29 is amended by striking out "August 31, 2021"
and substituting "August 31, 2023".
9(1) The Internet Sales Contract Regulation (AR 81/2001) is
amended by this section.
(2) Section 14 is amended by striking out "September 30,
2021" and substituting "September 30, 2023".
10(1) The Prepaid Contracting Business Licensing
Regulation (AR 185/99) is amended by this section.
(2) Section 14, as extended by the Regulations Expiry Date
Extension Regulation (AR 47/2020), is amended by striking
out "June 30, 2020" and substituting "June 30, 2023".
11(1) The Retail Home Sales Business Licensing
Regulation (AR 197/99) is amended by this section.
(2) Section 13, as extended by the Regulations Expiry Date
Extension Regulation (AR 47/2020), is amended by striking
out "August 31, 2020" and substituting "August 31, 2022".
12(1) The Ticket Sales Regulation (AR 78/2018) is amended
by this section.
(2) Section 4 is amended by striking out "April 30, 2021" and
substituting "April 30, 2024".
--------------------------------
Alberta Regulation 246/2020
Consumer Protection Act
PUBLIC AUCTIONS AMENDMENT REGULATION
Filed: November 27, 2020
For information only: Made by the Minister of Service Alberta (M.O. SA:027/2020)
on November 25, 2020 pursuant to
section 124(
c) of the Consumer Protection Act.
1 The Public Auctions Regulation (AR 196/99) is amended
by this Regulation.
Section 16(2) is amended by striking out "in Alberta" and
substituting "in Canada".
Section 25, as extended by the Regulations Expiry Date
Extension Regulation (AR 47/2020), is amended by striking
out "September 1, 2020" and substituting "September 30, 2025".
--------------------------------
Alberta Regulation 247/2020
Consumer Protection Act
COLLECTION AND DEBT REPAYMENT PRACTICES
AMENDMENT REGULATION
Filed: November 27, 2020
For information only: Made by the Minister of Service Alberta (M.O. SA:028/2020)
on November 25, 2020 pursuant to
section 118(
g) of the Consumer Protection Act.
1 The Collection and Debt Repayment Practices
Regulation (AR 194/99) is amended by this Regulation.
Section 16(1) is amended by striking out "in Alberta" and
substituting "in Canada".