Alberta Gazette — 15 June 2021 (Part II)
15 June 2021
Alberta — Gazette
Alberta Regulation 96/2021
Marketing of Agricultural Products Act
TURKEY MARKETING (EXPIRY DATE EXTENSION)
AMENDMENT REGULATION
Filed: May 20, 2021,
For information only: Made by the Alberta Turkey Producers on March 30, 2021
and approved by the Alberta Agricultural Products Marketing Council on April 29,
2021 pursuant to sections 26 and 27 of the Marketing of Agricultural Products Act.
1 The Turkey Marketing Regulation (AR 113/98) is
amended by this Regulation.
Section 31 is amended by striking out "September 30, 2021"
and substituting "September 30, 2022".
--------------------------------
Alberta Regulation 97/2021
Companies Act
COMPANIES AMENDMENT REGULATION
Filed: May 27, 2021
For information only: Made by the Lieutenant Governor in Council (O.C. 144/2021)
on May 27, 2021 pursuant to sections 160 and 307 of the Companies Act.
1 The Companies Regulation (AR 119/2000) is amended by
this Regulation.
Section 6 is amended
(
a) by repealing subsection (1) and substituting the
following:
Information circular for solicitation of proxies
6(1) An information circular for the purposes of
Part 6,
Division 9 of the Act must contain the following information:
(
a) whether a person giving a proxy has the power to
revoke it and a brief description of any right of
revocation that is limited or is subject to compliance
with any formal procedure;
(
b) the name of the person or persons a solicitation of
proxies is made by or on behalf of, whether it be the
management of the company or another person;
(
c) the name of any director who intends to oppose any
action to be taken by the management of the company
and a brief statement of reasons for their opposition;
(
d) the method of solicitation;
(
e) if the solicitation is to be made by specially engaged
employees or soliciting agents,
(
i) the material features of any contract or
arrangement for the solicitation,
(ii) the parties to the contract or arrangement, and
(iii) the cost or anticipated cost of the solicitation;
(
f) the name of the person by whom the cost of soliciting
has been or will be borne, directly or indirectly;
(
g) the brief particulars of any material interest, direct or
indirect, by way of beneficial ownership of capital
securities or otherwise, of each of the following persons
in any matter to be acted on, other than the election of
directors or the appointment of auditors:
(
i) if the solicitation is made by or on behalf of the
management of the company, each person who has
been a director or senior officer of the company at
any time since the beginning of the last completed
financial year of the company;
(ii) if the solicitation is made otherwise than by or on
behalf of the management of the company, each
person on whose behalf, directly or indirectly, the
solicitation is made;
(iii) each proposed nominee for election as a director of
the company;
(iv) each associate of any of the foregoing persons;
(
h) the number of shares outstanding of each class of equity
shares of the company entitled to be voted at the
meeting and the number of votes to which each share of
each such class is entitled;
(
i) the record date when the shareholders entitled to vote at
the meeting will be determined or particulars of the
closing of the share transfer register, as the case may be,
and, if the right to vote is not limited to shareholders of
record on a specified record date, the conditions under
which shareholders are entitled to vote;
(
j) if action is to be taken with respect to the election of
directors and if the shareholders or any class of
shareholders have the right to elect a specified number
of directors or have cumulative or similar voting rights,
a statement of those rights and a brief statement of the
conditions precedent, if any, to the exercise of them;
(
k) if, to the knowledge of the directors or senior officers of
the company, any person beneficially owns, directly or
indirectly, equity shares carrying more than 10% of the
voting rights attached to all equity shares of the
company, the name of each such person, the
approximate number of such shares beneficially owned,
directly or indirectly, by each such person and the
percentage of outstanding equity shares of the company
represented by the number of shares so owned;
(
l) if directors are to be elected, with respect to each person
proposed to be nominated for election as a director and
each other person whose term of office as a director will
continue after the meeting, a statement that includes the
following:
(
i) the name of the person;
(ii) whether the person is a proposed nominee as
director or is a person whose term of office will
continue;
(iii) when the term of office of the director or the term
of office for which that person is a proposed
nominee will expire and all other positions and
offices with the company presently held by that
person;
(iv) the present principal occupation or employment,
the name and principal business of any company or
other organization in which such employment is
carried on and similar information in respect of all
of the principal occupations or employments
within the 5 preceding years of the person, unless
the person is now a director and was elected to the
present term of office by a vote of shareholders at
a meeting, the notice of which was accompanied
by an information circular;
(
v) the period or periods during which the person has
served as a director of the company;
(vi) the approximate number of shares of each class of
equity shares of the company or of a subsidiary of
the company beneficially owned, directly or
indirectly, by the person;
(vii) if more than 10% of the voting rights attached to
all equity shares of the company or of a subsidiary
of the company are beneficially owned, directly or
indirectly, by the person and that person's
associates, the approximate number of each class
of such shares beneficially owned by that person
and those associates and the name of each
associate whose shareholdings are substantial;
(
m) if any proposed nominee for election as a director is to
be elected pursuant to any arrangement or
understanding between the nominee and any other
person, except the directors and senior officers of the
company acting solely in that capacity, the name of that
other person and a brief description of the arrangement
or understanding;
(
n) if action is to be taken with respect to the election of
directors, a bonus, profit sharing, remuneration plan,
contract, arrangement, pension or retirement plan in
which any director or proposed nominee for election as
director or senior officer of the company will
participate, or the granting or extension to any such
person or any options, warrants or rights to purchase
shares or convertible securities,
(
i) the aggregate direct remuneration paid or payable
by the company and its subsidiaries whose
financial statements are consolidated with those of
the company to the directors and the senior officers
of the company, during the company's last
completed financial year and, as a separate
amount, the aggregate direct remuneration paid or
payable to those directors and senior officers by
the subsidiaries of the company whose financial
statements are not consolidated with those of the
company,
(ii) the estimated aggregate cost to the company and
its subsidiaries in the last completed financial year
of all pension benefits proposed to be paid, directly
or indirectly, by the company or any of its
subsidiaries to the directors and senior officers
under any normal pension plan in the event of
retirement at normal retirement age or, in the
alternative, the estimated aggregate amount of all
such pension benefits proposed to be paid, directly
or indirectly, by the company or any of its
subsidiaries in the event of retirement at normal
retirement age,
(iii) the aggregate of all other remuneration payments
made during the company's last completed
financial year and, as a separate amount, proposed
to be made in the future, directly or indirectly, by
the company or any of its subsidiaries pursuant to
any existing plan or arrangement to each director
or senior officer, excluding payments to be made
for, or benefits to be received from, group life or
accident insurance, group hospitalization or similar
group benefits or payments,
(iv) for any options to purchase capital securities of the
company or any of its subsidiaries that, since the
commencement of the company's last completed
financial year, were granted to or exercised by
directors or senior officials as a group, without
naming them,
(
A) for options granted,
(
I) the description and number of capital
securities included,
(II) the dates of the grant, the prices,
expiration dates and other material
provisions,
(III) the consideration received for the
granting of the options, and
(IV) where reasonably ascertainable, in a
summary the price range of the capital
securities in the 30-day period preceding
the date of the grant and, if not
reasonably ascertainable, a statement to
that effect,
and
(
B) for options exercised,
(
I) the description and number of capital
securities purchased,
(II) the purchase price, and
(III) where reasonably ascertainable, in a
summary the price range of the capital
securities in the 30-day period preceding
the date of purchase and, if not
reasonably ascertainable, a statement to
that effect,
and
(
v) in regard to
(
A) each director and each senior officer of the
company,
(
B) each proposed nominee for election as a
director of the company, and
(
C) each associate of any such director, senior
officer or proposed nominee
who is or has been indebted to the company or its
subsidiaries at any time since the beginning of the
last completed financial year of the company, the
largest aggregate amount of indebtedness
outstanding at any time during the period, the
nature of the indebtedness and of the transaction in
which it was incurred, the amount of indebtedness
presently outstanding and the rate of interest paid
or charged on the indebtedness;
(
o) a brief description and approximate amount of any
material interest, direct or indirect, of any of the
following persons in any transaction since the
commencement of the company's last completed
financial year or in any proposed transaction that, in
either case, has materially affected or will materially
affect the company or any of its subsidiaries:
(
i) any director or senior officer of the company;
(ii) any proposed nominee for election as a director of
the company;
(iii) any shareholder named in answer to clause (k);
(iv) any associate or affiliate of any of the persons
named in answer to subclauses (
i) to (iii);
(
p) if action is to be taken with respect to the appointment
of auditors, name such auditors and, if appointed within
the preceding 5 years, the date when they were first
appointed;
(
q) where management functions of the company or a
subsidiary are to any substantial degree performed by a
person other than the directors or senior officers of the
company or subsidiary,
(
i) details of the agreement or arrangement under
which those functions are so performed, including
the name and address of any person who is a party
to the agreement or arrangement or who is
responsible for performing those functions,
(ii) the name and address of each insider of any
company with which the company or subsidiary
has any such agreement or arrangement,
(iii) with respect to any person named in answer to
subclause (i), the amounts paid or payable by the
company and its subsidiaries to that person since
the commencement of the company's last
completed financial year and particulars with
respect to the payments, and
(iv) with respect to any person named in answer to
subclause (
i) or (ii) or their associates or affiliates,
(
A) any indebtedness of the person to the
company or its subsidiaries that was
outstanding, and
(
B) any transaction or arrangement of the person
with the company or subsidiary,
at any time since the commencement of the
company's last completed financial year;
(
r) unless otherwise described above, if action is to be
taken on any matter to be submitted to the meeting of
shareholders, other than the approval of financial
statements, a brief description of the substance of each
such matter, or related groups of matters, in sufficient
detail to permit shareholders to form a reasoned
judgment concerning the matter.
(
b) in subsection (2) by striking out "called for in Form 1"
and substituting "referred to in subsection (1)".
3 Sections 7 and 9 are repealed.
Section 10 is amended
(
a) by renumbering it as
section 10(1);
(
b) in subsection (1) by striking out "must be in Form 4 in
Schedule 1 and" and substituting "must comply with
subsection (2) and";
(
c) by adding the following after subsection (1):
(2) The notice referred to in subsection (1) must contain the
following information:
(
a) the names of the transferor company, the transferee
company and the dissenting shareholder to whom notice
is being given;
(
b) a brief description of the offer and, if the offer is limited
to a certain class or classes of shareholders, the
particulars of the shares;
(
c) a brief description of the consequences of the offer and
next steps;
(
d) any applicable dates and timelines;
(
e) the signature of the authorized representative of the
transferee company.
Section 11 is repealed.
6 The following is added before
section 15:
Expiry
14.1 For the purpose of ensuring that this Regulation is reviewed
for ongoing relevancy and necessity, with the option that it may be
repassed in its present or an amended form following a review, this
Regulation expires on October 31, 2025.
Schedule 1 is repealed.
8 This Regulation comes into force on the coming into
force of
section 2(135)(
a) of the Red Tape Reduction
Implementation Act, 2020.
--------------------------------
Alberta Regulation 98/2021
Partnership Act
PARTNERSHIP AMENDMENT REGULATION
Filed: May 27, 2021
For information only: Made by the Lieutenant Governor in Council (O.C. 146/2021)
on May 27, 2021 pursuant to
section 117 of the Partnership Act.
1 The Partnership Regulation (AR 105/2009) is amended by
this Regulation.
2 The following is added after
section 3:
Limited partnership requirements
3.1(1) For the purposes of
section 52(3)(
c) of the Act, the
certificate shall state that the limited partnership substantially
complies with subsection (2).
(2) A limited partnership agreement shall contain the following
information:
(
a) the firm name under which the limited partnership is to be
conducted;
(
b) the character of the business;
(
c) the name and street address or postal address of each partner,
with general and limited partners being respectively
designated;
(
d) the term for which the limited partnership is to exist;
(
e) the amount of cash and the nature and fair value of other
property, if any, contributed by each limited partner;
(
f) the amount of additional contributions, if any, agreed to be
made by each limited partner and the times at which or
events on the happening of which an additional contribution
is to be made;
(
g) the time, if agreed on, when the contribution of each limited
partner is to be returned;
(
h) the share of the profits or other compensation by way of
income that each limited partner is entitled to by reason of
that partner's contribution;
(
i) the right, if given, of a limited partner to substitute an
assignee as contributor in that partner's place, and the terms
and conditions of the substitution;
(
j) the right, if given, of the partners to admit additional limited
partners;
(
k) the right, if given, of one or more of the limited partners to
priority over other limited partners, to a return of
contributions or to compensation by way of income, and the
nature of the priority;
(
l) the right, if given, of the remaining general partner or
partners to continue the business on the death, retirement or
mental incompetence of a general partner;
(
m) the right, if given, of a limited partner to demand and receive
property other than cash in return for that partner's
contribution.
(3) The Registrar may require a copy of the partnership agreement
to be filed with the Registrar in an electronic or other format.
Section 39 is amended by striking out "October 31, 2022"
and substituting "October 31, 2025".
4 This Regulation comes into force on the coming into
force of
section 13 of the Red Tape Reduction
Implementation Act, 2020.
Alberta Regulation 99/2021
Alberta Senate Election Act
SENATE NOMINEE AMENDMENT REGULATION
Filed: May 27, 2021
For information only: Made by the Lieutenant Governor in Council (O.C. 147/2021)
on Ma 27, 2021 pursuant to
section 27 of the Alberta Senate Election Act.
1 The Senate Nominee Regulation (AR 105/2020) is
amended by this Regulation.
Section 1 is amended by striking out "that is to be held in
conjunction with a general election under the Election Act".
3 The
Schedule is amended by repealing Form 1 and
substituting the following:
Form 1
(Section 5(1)(b))
Writ of Alberta Senate Election
Canada
Province of Alberta
Elizabeth The Second, by the Grace of God, of the United Kingdom,
Canada and her other Realms and Territories, Queen, Head of the
Commonwealth, Defender of the Faith.
To , Chief Electoral Officer,
Greeting:
We command you that, notice of the time and place of election being
given, you do cause an election to be held to
elect person(
s) in accordance with the Alberta Senate
Election Act as Senate nominee(
s) who may be summoned to the
Senate of Canada for the purpose of filling a vacancy or vacancies
relating to Alberta, with nomination day for the election to be
the day of , 20 , and in the event that voting is
necessary you do cause a poll to be taken on the day
of , 20 , and you do cause the name(
s) of the Senate
nominee(
s) so elected to be certified to the President of the Executive
Council.
Dated at the City of Edmonton in the Province of Alberta, this ___ day
of , 20 .
Endorsement
By Order: This writ received on the
day of , 20
_________________ ___________________
Lieutenant Governor Chief Electoral Officer
--------------------------------
Alberta Regulation 100/2021
Civil Forfeiture Act
CIVIL FORFEITURE REGULATION
Filed: May 27, 2021
For information only: Made by the Lieutenant Governor in Council (O.C. 148/2021)
on May 27, 2021 pursuant to
section 55 of the Civil Forfeiture Act.
Notice of objection
1 A notice of objection to be filed with the Minister under
section 1.6
of the Act must be in Form 1 of the Schedule.
Repeal
2 The Victims Restitution and Compensation Payment Forms
Regulation (AR 180/2004) is repealed.
Schedule
Notice of Objection
Form 1
I, __________________, of ____________________, ___________________, and in
(name) (name of city/town/district) (name of province/state)
relation to Civil Forfeiture Office (CFO) File Number: ___________________________
(on Notice of Administrative Disposition)
MAKE OATH/AFFIRM AND SAY THAT:
1 I have an interest in the following property (describe property):
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
2 The origin, nature and extent of my interest in the property is as follows
(place an "x" in the appropriate box and provide the requested information):
[] A I own the property (describe how you came to own the property, who or
where it came from and the nature of the transaction it was derived from):
________________________________________________________________
________________________________________________________________
________________________________________________________________
[] B I do not own the property, but have a right to possess it (describe how you
came to possess the property, who or where it came from, the nature of the
transaction it was derived from and the name and address of the person who
owns the property):
________________________________________________________________
________________________________________________________________
________________________________________________________________
[] C I have some other interest in the property (describe the origin, nature and
extent of your interest):
________________________________________________________________
________________________________________________________________
________________________________________________________________
3 I dispute disposition and forfeiture of the property for the following reason(s):
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
4 My address for service of documents is as follows:
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
SWORN / AFFIRMED BEFORE ME at the
of ____________________ __ ___________________
in the Province of Alberta, this ________day of
________________________, 20____.
________________________________________
A Commissioner for Oaths
in and for Alberta, or a Notary Public
Alberta Regulation 101/2021
Municipal Government Act
OFF-SITE LEVIES AMENDMENT REGULATION
Filed: May 27, 2021
For information only: Made by the Lieutenant Governor in Council (O.C. 151/2021)
on May 27, 2021 pursuant to
section 694(4)) of the Municipal Government Act.
1 The Off-site Levies Regulation (AR 187/2017) is amended
by this Regulation.
Section 1 is repealed and the following is substituted:
Definition
1 In this Regulation, "transportation infrastructure" means
infrastructure referred to in
section 648(2)(c.2) of the Act and any
land required for or in connection with that infrastructure.
Section 2 is amended
(
a) by striking out "a levy" and substituting "an off-site
levy";
(
b) in clause (a)
(
i) by striking out "section
section 648(2)(
a) to (c.1)"
and substituting "section 648(2)(
a) to (c.1)";
(ii) by striking out "sections 3, 4 and 5" and
substituting "section 648.2 of the Act and sections 3
and 5";
(
c) in clause (a.1) by striking out "sections 3, 3.1, 4, 5 and
5.1" and substituting "section 648.2 of the Act and
sections 3, 3.1, 5 and 5.1";
(
d) in clause (
b) by striking out "sections 3, 4, 5 and 6" and
substituting "section 648.2 of the Act and sections 3, 5 and
6";
(
e) in clause (
c) by striking out "sections 3, 4, 5 and 7" and
substituting "section 648.2 of the Act and sections 3, 5 and
7".
Section 3(2) to (8) are repealed and the following is
substituted:
(2) The municipality may, where necessary and practicable,
coordinate infrastructure, transportation infrastructure and facilities
provisions with neighbouring municipalities.
(3) Notwithstanding anything to the contrary in this Regulation, the
off-site levy is of no effect to the extent it directs the Government of
Alberta to expend funds, to commit to funding transportation
infrastructure or arrangements to undertake particular actions or to
adopt particular policies or programs.
(4) A municipality must not compel an applicant for a development
permit or subdivision approval to fund the cost of the construction of
infrastructure, transportation infrastructure or facilities to be funded
by an off-site levy beyond the applicant's proportional benefit.
5 The heading before
section 4 is repealed and the
following is substituted:
Off-site Levy Bylaws
Section 4 is repealed.
Section 5 is repealed and the following is substituted:
Additional principles and criteria for determining off-site levy costs
5(1) In determining the basis on which an off-site levy is calculated,
the municipality must, at a minimum, consider and include or
reference the following in the bylaw imposing the off-site levy:
(
a) a description of the specific infrastructure, facilities and
transportation infrastructure;
(
b) a description of each of the benefitting areas and how those
areas were determined;
(
c) supporting studies, technical data and analysis;
(
d) estimated costs and mechanisms to address variations in cost
over time.
(2) There must be a correlation between the off-site levy and the
benefits to new development.
Section 5.1 is amended
(
a) in subsection (1)
(
i) by striking out "a levy" and substituting "an off-
site levy";
(ii) in clause (d)(iii)(
B) by striking out "the levy" and
substituting "the off-site levy";
(
b) in subsection (2)
(
i) by striking out "sections 3, 3.1, 4 and 5" and
substituting "section 648.2 of the Act and sections 3,
3.1 and 5";
(ii) by striking out "a levy" and substituting "an off-
site levy";
(
c) in subsection (4) by striking out "A levy" and
substituting "An off-site levy".
Section 6 is amended
(
a) in subsection (1)
(
i) by striking out "a levy" and substituting "an
off-site levy";
(ii) in clause (c)(ii) by striking out "levy" and
substituting "off-site levy";
(
b) in subsection (2)
(
i) by striking out "sections 3, 4 and 5" and
substituting "section 648.2 of the Act and sections 3
and 5";
(ii) by striking out "a levy" and substituting "an
off-site levy".
Section 7 is amended
(
a) in subsection (1)
(
i) by striking out "a levy" and substituting "an
off-site levy";
(ii) by striking out "the levy" wherever it occurs and
substituting "the off-site levy";
(
b) in subsection (2)
(
i) by striking out "sections 3, 4 and 5" and
substituting "section 648.2 of the Act and sections 3
and 5";
(ii) by striking out "levy" and substituting "off-site
levy";
(
c) in subsections (2.1) and (3) by striking out "levy"
and substituting "off-site levy".
11 Sections 8 and 9 are repealed.
12 The heading before
section 10 is repealed and the
following is substituted:
Off-site Levy Bylaw Appeals
Section 10 is amended
(
a) by renumbering it as
section 10(1);
(
b) in subsection (1)
(
i) by striking out "a levy" and substituting "an off-
site levy";
(ii) by striking out "section 648(2.1)" and substituting
"section 648(2) and (2.1)";
(iii) by striking out "Municipal Government Board" and
substituting "Land and Property Rights Tribunal";
(
c) by adding the following after subsection (1):
(2) Subsection (1) and sections 11 to 14 apply where the bylaw
referred to in subsection (1) is made on or after the day this
section comes into force.
(3) Where a person is directly affected by a bylaw referred to in
subsection (1) that was made before the day this
section comes
into force, sections 10 to 14 of this Regulation as it read
immediately before the coming into force of this
section apply to
that person.
Section 11 is amended
(
a) by striking out "Municipal Government Board" and
substituting "Land and Property Rights Tribunal";
(
b) by striking out "30 days" and substituting "90 days";
(
c) by striking out "levy" and substituting "off-site levy".
Section 12 is amended
(
a) in subsection (1) by adding "and" at the end of
clause (
c) and by repealing clauses (e), (
f) and (g);
(
b) in subsection (2) by striking out "Municipal
Government Board" and substituting "Land and Property
Rights Tribunal".
Section 13 is amended by striking out "Municipal
Government Board" and substituting "Land and Property Rights
Tribunal".
Section 14 is amended
(
a) by repealing subsection (1) and substituting the
following:
No stay of off-site levy
14(1) The municipality may continue to impose and collect an
off-site levy even if the bylaw imposing the off-site levy is
subject to an appeal under
section 10(1).
(
b) in subsection (2)
(
i) by striking out "levy" wherever it occurs and
substituting "off-site levy";
(ii) by striking out "Municipal Government Board" and
substituting "Land and Property Rights Tribunal";
(
c) in subsection (3)
(
i) by striking out "levy" wherever it occurs and
substituting "off-site levy";
(ii) by striking out "Municipal Government Board" and
substituting "Land and Property Rights Tribunal".
Section 15 is amended by striking out "levy" and
substituting "off-site levy".
Section 16 is amended by striking out "levy" wherever it
occurs and substituting "off-site levy".
20 The following is added after
section 17:
Expiry
17.1 For the purpose of ensuring that this Regulation is reviewed
for ongoing relevancy and necessity, with the option that it may be
repassed in its present or an amended form following a review, this
Regulation expires on June 30, 2031.
21(1) Subject to subsection (2), this Regulation comes into
force on June 1, 2021.
(2) Sections 13(b)(iii), 14(a), 15(b), 16 and 17(b)(ii) and (c)(ii)
come into force on June 2, 2021.
--------------------------------
Alberta Regulation 102/2021
Municipal Government Act
CALGARY METROPOLITAN REGION
BOARD AMENDMENT REGULATION
Filed: May 27, 2021
For information only: Made by the Lieutenant Governor in Council (O.C. 152/2021)
on May 27, 2021 pursuant to
section 708.02 of the Municipal Government Act.
1 The Calgary Metropolitan Region Board Regulation
(AR 190/2017) is amended by this Regulation.
Section 1 is amended
(
a) in clause (
c) by adding "listed in the Schedule" after
"municipalities";
(
b) by repealing clause (
e) and substituting the
following:
(e) "growth plan" means a growth plan for the Calgary
Metropolitan Region;
(
c) by repealing clauses (g), (
i) and (k).
Section 2 is amended
(
a) in subsection (1) by striking out "section 708.02(1.1)"
and substituting "section 708.02(1)";
(
b) by adding the following after subsection (1):
(1.1) The municipalities listed in the
Schedule are designated as
the members of the Calgary Metropolitan Region Board.
(
c) in subsection (3) by striking out "subsection 2(2)" and
substituting "subsection (2)".
Section 3 is amended
(
a) by striking out "Growth Plan" wherever it occurs and
substituting "growth plan";
(
b) by striking out "Servicing Plan" wherever it occurs
and substituting "servicing plan";
(
c) in subsection (1)(
b) by striking out "long term" and
substituting "long-term".
Section 4 is amended
(
a) by striking out "Chair" wherever it occurs and
substituting "chair";
(
b) by repealing subsection (2) and substituting the
following:
(2) Despite subsection (1), the Minister may, by order,
(
a) appoint an interim chair of the Board, and
(
b) specify the role and responsibilities of the interim chair.
(
c) in subsection (6) by striking out "section 4(5)" and
substituting "subsection (5)".
Section 5(1) is amended by striking out "of this Regulation".
Section 7(1) is repealed and the following is substituted:
Preparation of growth plan
7(1) The Board shall prepare and submit to the Minister a proposed
growth plan for the Calgary Metropolitan Region on or before a date
determined by the Minister.
8 The following is added after
section 7:
Approval of growth plan
7.1(1) On receiving a proposed growth plan from the Board, the
Minister may, by order, approve the growth plan or reject it.
(2) A growth plan is not a regulation within the meaning of the
Regulations Act.
Effective date of growth plan
7.2 A growth plan takes effect on a date specified by the Minister.
Section 8(b)(iii) is amended by striking out "cost effective"
and substituting "cost-effective".
10 The following is added after
section 8:
Actions must conform with growth plan
8.1(1) Despite any other enactment, no participating municipality
shall take any of the following actions if those actions conflict with
or are inconsistent with a growth plan:
(
a) undertake a public work, improvement, structure or other
thing;
(
b) adopt a statutory plan;
(
c) make a bylaw or pass a resolution;
(
d) enter into a municipal agreement.
(2) If the Board finds that a participating municipality has taken an
action described in subsection (1)(
a) that conflicts with or is
inconsistent with a growth plan, the Board may, by written notice to
the participating municipality, order the participating municipality to
stop the action within the time set out in the notice.
(3) If a participating municipality fails or refuses to comply with a
notice under subsection (2), the Board may apply to the Court of
Queen's Bench for an injunction or other order.
(4) The Court of Queen's Bench may grant or refuse the injunction
or other order or may make any order that in the opinion of the Court
is just in the circumstances.
Section 9(1)(b)(vi) and (
c) are amended by striking out
"corridors for recreation," and substituting "recreation corridors
and corridors for".
Section 11 is amended by striking out "Regional
Evaluation".
Section 12(1)(
c) is amended by striking out "the Growth
Plan and the Servicing Plan" and substituting "the growth plan and
the servicing plan".
Section 13(4) and (5) are amended by striking out
"section 708.23(1)" and substituting "section 708.08(1)".
Section 14(1) is repealed and the following is
substituted:
Servicing plan
14(1) The Board shall, on or before a date determined by the
Minister, prepare a servicing plan for the Calgary Metropolitan
Region and file a copy with the Minister.
Section 15 is amended
(
a) by striking out "Servicing Plan" and substituting
"servicing plan";
(
b) in clause (
a) by striking out "Growth Plan" and
substituting "growth plan".
Section 16 is amended
(
a) by striking out "Servicing Plan" and substituting
"servicing plan";
(
b) in clause (a)
(
i) by striking out "Growth Plan" and substituting
"growth plan";
(ii) in subclause (
v) by striking out "board" and
substituting "Board";
(
c) by repealing clause (
b) and substituting the
following:
(
b) for services to be provided on an intermunicipal basis,
outline how each service will be provided, including
which municipality is responsible for providing which
services and outline how the services will be delivered
and funded,
Section 17 is repealed and the following is substituted:
Transitional
Section 708.061 of the Act does not apply to statutory plans
adopted, bylaws made, resolutions passed or municipal agreements
entered into before October 26, 2017 by a member of the Calgary
Metropolitan Region Board.
Section 18 is repealed and the following is substituted:
Expiry
18 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 May 31, 2026.
20 The following provisions are amended by striking out
"Servicing Plan" and substituting "servicing plan":
section 1(j);
section 14(2).
21 The following provisions are amended by striking out
"Growth Plan" wherever it occurs and substituting "growth
plan":
section 7(2);
section 8;
section 9;
section 10.
22 This Regulation comes into force on June 1, 2021.
Alberta Regulation 103/2021
Municipal Government Act
EDMONTON METROPOLITAN REGION
BOARD AMENDMENT REGULATION
Filed: May 27, 2021
For information only: Made by the Lieutenant Governor in Council (O.C. 153/2021 )
on May 27, 2021 pursuant to
section 708.02 of the Municipal Government Act.
1 The Edmonton Metropolitan Region Board Regulation
(AR 189/2017) is amended by this Regulation.
Section 1 is amended
(
a) in clause (
c) by adding "listed in the Schedule" after
"municipalities";
(
b) by repealing clause (
e) and substituting the
following:
(e) "growth plan" means a growth plan for the Edmonton
Metropolitan Region;
(
c) by adding the following after clause (f):
(f.1) "recreation corridor" means a corridor with varying
width where one or more trail recreation activities
occur;
(
d) by repealing clauses (g), (
h) and (j).
Section 2 is amended
(
a) in subsection (1) by striking out "section 708.02(1.2)"
and substituting "section 708.02(1)";
(
b) by adding the following after subsection (1):
(1.1) The municipalities listed in the
Schedule are designated as
the members of the Edmonton Metropolitan Region Board.
Section 3 is amended
(
a) by striking out "Growth Plan" wherever it occurs and
substituting "growth plan";
(
b) by striking out "Servicing Plan" wherever it occurs
and substituting "servicing plan";
(
c) in subsection (1)(
b) by striking out "long term" and
substituting "long-term".
Section 4 is amended
(
a) by striking out "Chair" wherever it occurs and
substituting "chair";
(
b) by repealing subsection (2) and substituting the
following:
(2) Despite subsection (1), the Minister may, by order,
(
a) appoint an interim chair of the Board, and
(
b) specify the role and responsibilities of the interim chair.
(
c) in subsection (6) by striking out "section 4(5)" and
substituting "subsection (5)".
Section 5(1) is amended by striking out "of this Regulation".
Section 7(1) is repealed and the following is substituted:
Preparation of growth plan
7(1) The Board shall prepare and submit to the Minister a proposed
growth plan for the Edmonton Metropolitan Region on or before a
date determined by the Minister.
8 The following is added after
section 7:
Approval of growth plan
7.1(1) On receiving a proposed growth plan from the Board, the
Minister may, by order, approve the growth plan or reject it.
(2) A growth plan is not a regulation within the meaning of the
Regulations Act.
Effective date of growth plan
7.2 A growth plan takes effect on a date specified by the Minister.
Section 8(b)(iii) is amended by striking out "cost effective"
and substituting "cost-effective".
10 The following is added after
section 8:
Actions must conform with growth plan
8.1(1) Despite any other enactment, no participating municipality
shall take any of the following actions if those actions conflict with
or are inconsistent with a growth plan:
(
a) undertake a public work, improvement, structure or other
thing;
(
b) adopt a statutory plan;
(
c) make a bylaw or pass a resolution;
(
d) enter into a municipal agreement.
(2) If the Board finds that a participating municipality has taken an
action described in subsection (1)(
a) that conflicts with or is
inconsistent with a growth plan, the Board may, by written notice to
the participating municipality, order the participating municipality to
stop the action within the time set out in the notice.
(3) If a participating municipality fails or refuses to comply with a
notice under subsection (2), the Board may apply to the Court of
Queen's Bench for an injunction or other order.
(4) The Court of Queen's Bench may grant or refuse the injunction
or other order or may make any order that in the opinion of the Court
is just in the circumstances.
Section 9(1)(b)(vi) and (
c) are amended by striking out
"corridors for recreation," and substituting "recreation corridors
and corridors for".
Section 11 is amended by striking out "Regional
Evaluation".
Section 12(1)(
c) is amended by striking out "the Growth
Plan and the Servicing Plan" and substituting "the growth plan and
the servicing plan".
Section 13(4) and (5) are amended by striking out
"section 708.23(1)" and substituting "section 708.08(1)".
Section 14(1) is repealed and the following is
substituted:
Servicing plan
14(1) The Board shall, on or before a date determined by the
Minister, prepare a servicing plan for the Edmonton Metropolitan
Region and file a copy with the Minister.
Section 15 is amended
(
a) by striking out "Servicing Plan" and substituting
"servicing plan";
(
b) in clause (
a) by striking out "Growth Plan" and
substituting "growth plan".
Section 16 is amended
(
a) by striking out "Servicing Plan" wherever it occurs
and substituting "servicing plan";
(
b) in clause (a)
(
i) by striking out "Growth Plan" and substituting
"growth plan";
(ii) in subclause (
v) by striking out "board" and
substituting "Board";
(
c) by repealing clause (
b) and substituting the
following:
(
b) for services to be provided on an intermunicipal basis,
outline how each service will be provided, including
which municipality is responsible for providing which
services and outline how the services will be delivered
and funded,
(
d) in clause (d)
(
i) by adding "any" after "contain";
(ii) by striking out "Growth Plan" and substituting
"growth plan".
18 The following is added after
section 16:
Modifications to Division 3 of
Part 15.1 of the Act
16.1 The following provisions of the Act, as they apply to the
Edmonton Metropolitan Region Board, are modified as specified:
(
a) section 602.22 is to be read as if "the calendar year" were
struck out and "April 1 to the following March 31" were
substituted;
(
b) section 602.23(1) is to be read as if "calendar year" were
struck out and "financial year" were substituted;
(
c) section 245, for the purposes of
Part 15.1 of the Act in
accordance with
section 602.25(2) of the Act, is to be read as
if "calendar year" were struck out and "financial year" were
substituted;
(
d) section 602.35(1) is to be read as if it were repealed and the
following were substituted:
602.35(1) If the Minister determines that the Edmonton
Metropolitan Region Board provides a regional service
comparable to a regional services commission, the
Minister may require the Edmonton Metropolitan Region
Board to prepare a financial information return respecting
the financial affairs of the Edmonton Metropolitan
Region Board for the immediately preceding financial
year.
(
e) section 602.37 is to be read as if it were repealed and the
following were substituted:
602.37(1) The Edmonton Metropolitan Region Board
must submit its audited annual financial statements to the
Minister and each member of the Edmonton Metropolitan
Region Board by August 1 of the year following the
financial year for which the audited annual financial
statements have been prepared.
(2) If the Minister requires the Edmonton Metropolitan
Region Board to prepare a financial information return,
the Edmonton Metropolitan Region Board must submit
its financial information return to the Minister and each
member of the Edmonton Metropolitan Region Board by
August 1 of the year following the financial year for
which the financial information return has been prepared.
Section 17 is repealed and the following is substituted:
Expiry
17 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 May 31, 2026.
20 The following is added after
section 18:
Repeal
18.1 The Capital Region Board Financial Matters Modification
Regulation (AR 223/2014) is repealed.
21 The following provisions are amended by striking out
"Servicing Plan" and substituting "servicing plan":
section 1(i);
section 14(2).
22 The following provisions are amended by striking out
"Growth Plan" wherever it occurs and substituting "growth
plan":
section 7(2);
section 8;
section 9;
section 10.
23 This Regulation comes into force on June 1, 2021.
--------------------------------
Alberta Regulation 104/2021
Public Lands Act
PUBLIC LAND ADMINISTRATION
AMENDMENT REGULATION
Filed: May 27, 2021
For information only: Made by the Lieutenant Governor in Council (O.C. 154/2021)
on May 27, 2021 pursuant to sections 9 and 9.1 of the Public Lands Act.
1 The Public Lands Administration Regulation
(AR 187/2011) is amended by this Regulation.
Section 30 is amended by adding the following before
clause (b):
(a.1) "activity pass" means an activity pass referred to in
section
33.1;
3 Sections 32(2) and 33(2) are amended by striking out
"section 34" and substituting "sections 33.1 and 34".
4 The following is added after
section 33:
Activity pass requirement
33.1(1) The Minister may by order, in accordance with this section,
designate an area of public land as an area requiring an activity pass.
(2) The following are exempt from the requirement to obtain an
activity pass:
(
a) an Indian within the meaning of the Indian Act (Canada);
(
b) a member of a category of persons identified in an order
under this
section as being exempt because they might be
beneficiaries of rights of aboriginal peoples recognized and
affirmed under
Part II of the Constitution Act, 1982;
(
c) a member of a category of persons identified in an order
under this
section as being exempt.
(3) An order made under subsection (1) may
(
a) designate activities for which an activity pass is required
within the designated area,
(
b) exclude from the requirement to obtain an activity pass,
activities in respect of which an activity pass is not required
within the designated area,
(
c) specify the fees, if any, that a person must pay in respect of
an activity pass,
(
d) specify the rules, if any, that apply with respect to an activity
pass and designated area,
(
e) specify the rules, if any, that apply to persons who are
exempt from the requirement to obtain an activity pass in
respect of their entry on and occupation of public land in the
designated area, and
(
f) include any other requirements, terms or conditions that the
Minister considers appropriate.
(4) Subject to
section 34, where an order is made under subsection
(1), as required by and in accordance with the order, a person shall,
(
a) comply with any rules, requirements, terms or conditions set
out in the order, and
(
b) unless exempt under subsection (2),
(
i) obtain an activity pass, and
(ii) on the request of an officer, produce the activity pass for
inspection.
Section 37.1 is amended by adding the following after
subsection (3):
(4) The requirement to apply for and obtain an access permit under
subsection (1) is in addition to a requirement to obtain an activity
pass pursuant to an order under
section 33.1.
6 The following is added after
section 44:
Prohibition - activity pass area
44.1 No person shall, in contravention of an order under
section 33.1, enter on or occupy public land designated in an order
under
section 33.1 except in accordance with the order or as
otherwise permitted by the Act and regulations.
Section 174 is amended
(
a) by adding the following after clause (e):
(e.1)
section 33.1(4)(a)and (b)(
i) and (ii);
(
b) by adding the following after clause (j):
(j.1)
section 44.1;
(
c) in clause (cc) by striking out "181(
a) and (b)" and
substituting "181(a), (a.1) and (b)".
Section 181 is amended by striking out "and" at the end of
clause (
a) and adding the following after clause (a):
(a.1) an order under
section 33.1, and
Alberta Regulation 105/2021
Provincial Offences Procedure Act
PROCEDURES (PROVINCIAL PARKS AND
PUBLIC LANDS) AMENDMENT REGULATION
Filed: May 27, 2021
For information only: Made by the Lieutenant Governor in Council (O.C. 155/2021)
on May 27, 2021 pursuant to
section 42 of the Provincial Offences Procedure Act.
1 The Procedures Regulation (AR 63/2017) is amended by
this Regulation.
2 The
Schedule is amended
(
a) in
Part 19 in
section 1 by adding the following after
item 40:
40.1
43.1(6)(a)(i)
40.2
43.1(6)(a)(ii)
40.3
43.1(6)(b)(i)
40.4
43.1(6)(b)(ii)
40.5
43.3
(
b) in
Part 20, in
section 1
(
i) by adding the following after item 1:
1.1
33.1(4)(a)
1.2
33.1(4)(b)(i)
1.3
33.1(4)(b)(ii)
(ii) by adding the following after item 4:
4.1
44.1
3 This Regulation comes into force 30 days after it is filed
under the Regulations Act.
Alberta Regulation 106/2021
Alberta Health Care Insurance Act
ALBERTA HEALTH CARE INSURANCE
AMENDMENT REGULATION
Filed: May 27, 2021
For information only: Made by the Lieutenant Governor in Council (O.C. 158/2021)
on May 27, 2021 pursuant to
section 33 of the Alberta Health Care Insurance Act.
1 The Alberta Health Care Insurance Regulation
(AR 76/2006) is amended by this Regulation.
Section 15(3) is repealed and the following is
substituted:
(3) If a practitioner or a person referred to in
section 20.1 of the Act
claims benefits in respect of diagnosis or treatment of cancer on
behalf of a resident, the practitioner or person, from time to time,
must report to the Alberta Cancer Board, in writing, on forms
established by that Board, any information that the Board requires
concerning the claim, including the name of the person in respect of
whom the services were provided, the nature of the illness and
particulars of the services.
Section 16 is amended
(
a) by adding the following after subsection (3):
(3.1) If benefits for services are paid by the Minister before a
person referred to in
section 20.1 of the Act complies with
section 15(3) in respect of the reports, the Minister may, on
being notified to do so by the Alberta Cancer Board, in writing,
request that person to submit the reports to the Alberta Cancer
Board.
(3.2) If a person referred to in
section 20.1 of the Act, on
receiving a request under subsection (3.1), fails to submit the
reports to the Alberta Cancer Board, the person is liable for and
shall repay to the Minister the benefits paid to the person in
respect of the services and the amount of such benefits
constitutes a debt payable to the Crown.
(
b) by repealing subsections (4), (5) and (6) and
substituting the following:
(4) If the practitioner or person referred to in
section 20.1 of the
Act fails to repay benefits under subsection (3) or (3.2), the
Minister may withhold the amount of the benefits from any other
benefits payable to the practitioner or person.
(5) If a practitioner or a person referred to in
section 20.1 of the
Act repays benefits to the Minister under subsection (3) or
(3.2) or the benefits are withheld by the Minister under subsection (4),
the practitioner or person is not entitled to collect any amount
from any person in respect of the services involved.
(6) Subsections (3), (3.2), (4) and (5) cease to apply when the
practitioner or person referred to in
section 20.1 of the Act
complies with
section 15(3) in respect of the reports.
4 The following is added after
section 21:
Expiry
21.1 For the purposes of ensuring that this Regulation is reviewed
for ongoing relevancy and necessity, with the option that it may be
repassed in its present or an amended form following a review, this
Regulation expires on March 31, 2031.
--------------------------------
Alberta Regulation 107/2021
Health Professions Act
REGISTERED PSYCHIATRIC AND MENTAL DEFICIENCY
NURSES PROFESSION AMENDMENT REGULATION
Filed: May 27, 2021
For information only: Made by the Lieutenant Governor in Council (O.C. 159/2021)
on May 27, 2021 pursuant to
section 131 of the Health Professions Act.
1 The Registered Psychiatric and Mental Deficiency
Nurses Profession Regulation (AR 231/2005) is amended by
this Regulation.
2 The title is amended by striking out "AND MENTAL
DEFICIENCY".
Section 1 is amended
(
a) by adding the following after clause (a):
(a.1) "bylaws" means the bylaws made by the Council under
section 132 of the Act;
(
b) by adding the following after clause (e):
(e.1) "practice year" means a practice year as defined in the
bylaws;
(e.2) "provisional register" means the provisional register
category of the regulated members register;
(
c) by repealing clause (f);
(
d) by adding the following after clause (i):
(i.1) "regulated members register" means the regulated
members register established by the Council under
section 33(1)(
a) of the Act;
(i.2) "Schedule 1 drug" means a
Schedule 1 drug within the
meaning of
section 31(1)(
b) or (
c) of the Pharmacy and
Drug Act;
(i.3) "Schedule 2 drug" means a
Schedule 2 drug within the
meaning of
section 32(1) of the Pharmacy and Drug
Act;
(i.4) "standards of practice" means the standards of practice
adopted by the Council in accordance with the bylaws
and
section 133 of the Act.
(
e) by repealing clause (j).
Section 2 is amended
(
a) in the portion preceding clause (
a) by striking out
"established by the Council under
section 33(1)(
a) of the
Act";
(
b) by repealing clause (b);
(
c) in clause (
c) by striking out "temporary" and
substituting "provisional".
5 Sections 3 to 5 are repealed and the following is
substituted:
Registered psychiatric nurse register - new applicants
3(1) An applicant for registration as a regulated member on the
registered psychiatric nurse register who has not previously been
registered on the registered psychiatric nurse register must
(
a) have successfully completed a diploma in psychiatric nursing
in a program approved by the Council,
(
b) have passed a registration examination in psychiatric nursing
approved by the Council, and
(
c) have successfully completed the jurisprudence requirement
approved by the Council, if any.
(2) An applicant must have met the requirements set out in
subsection (1)(
a) and (
b) within the 4 years immediately preceding
the date a complete application is received by the Registrar.
Current qualifications
4 Despite
section 3, if an applicant for registration as a regulated
member on the registered psychiatric nurse register does not meet
the requirements set out in
section 3(1)(
a) and (
b) within the time
period specified in
section 3(2), the applicant may be registered as a
regulated member on the registered psychiatric nurse register if
(
a) the applicant has, within the 5 years immediately preceding
the date the applicant's complete application is received by
the Registrar, been employed in the practice of psychiatric
nursing or its equivalent for at least 1400 hours,
(
b) the applicant has, within the 3 years immediately preceding
the date the applicant's complete application is received by
the Registrar, successfully completed a refresher education
program approved by the Council, or
(
c) the applicant demonstrates to the satisfaction of the Registrar
or the Registration Committee that the applicant is currently
competent to practise psychiatric nursing.
Equivalent jurisdiction
5 An applicant for registration as a regulated member who is
currently registered in good standing in another jurisdiction may be
registered on the registered psychiatric nurse register if
(
a) the other jurisdiction is recognized by the Council under
section 28(2)(
b) of the Act as having substantially equivalent
registration requirements, and
(
b) the applicant has successfully completed the jurisprudence
requirement approved by the Council, if any.
Section 6 is amended
(
a) by repealing subsection (1) and substituting the
following:
Substantial equivalence
6(1) An applicant for registration as a regulated member on
the registered psychiatric nurse register who does not meet the
requirements of
section 3, 5 or 8 may be registered on the
registered psychiatric nurse register if
(
a) the Registrar or the Registration Committee is satisfied
under
section 28(2)(
c) of the Act that the applicant has a
combination of education, experience, practice or other
qualifications that demonstrates the competence
required for registration as a regulated member,
(
b) the applicant has, within the time specified by the
Registrar or the Registration Committee, passed the
registration examination approved by the Council, and
(
c) the applicant has successfully completed the
jurisprudence requirement approved by the Council, if
any.
(
b) in subsection (2) by striking out "subsection (1), the
Registration Committee" and substituting "subsection
(1)(a), the Registrar or the Registration Committee";
(
c) in subsections (3) and (4) by striking out
"Registration Committee" wherever it occurs and
substituting "Registrar or the Registration Committee".
Section 7 is repealed.
Section 8 is repealed and the following is substituted:
Provisional register
8(1) An applicant for registration as a regulated member on the
registered psychiatric nurse register who has successfully completed
the education requirement set out in
section 3(1)(
a) but who has not
met all the other requirements of
section 3(1) may, at the discretion
of the Registrar or the Registration Committee, be registered on the
provisional register.
(2) A regulated member who is registered on the provisional register
may practise only while supervised in a manner satisfactory to the
Registrar or the Registration Committee.
(3) The registration of a regulated member on the provisional
register may be valid for up to 6 months.
(4) Despite subsection (3), the Registrar or the Registration
Committee may, on the application of a regulated member on the
provisional register, extend a provisional registration.
(5) A regulated member on the provisional register may make up to
3 attempts to successfully pass the registration examination approved
by the Council.
(6) A regulated member on the provisional register who does not
pass the registration examination on the 3rd attempt
(
a) must be removed from the provisional register, and
(
b) must complete a refresher program in order to be eligible to
write the examination at a later date.
(7) If a regulated member on the provisional register successfully
completes the registration examination approved by the Council, the
Registrar or the Registration Committee must remove the regulated
member's name from the provisional register and enter it on the
registered psychiatric nurse register.
9 The following is added after
section 10:
Fitness to practise
10.1 An applicant for registration as a regulated member must, on
the request of the Registrar or the Registration Committee, submit
evidence satisfactory to the Registrar or the Registration Committee
confirming the applicant's fitness to practise.
Section 12(2) is amended by striking out "standards" and
substituting "requirements".
Section 13 is amended
(
a) by striking out "and" at the end of clause (b);
(
b) by repealing clause (
c) and substituting the
following:
(
c) have
(
i) within the previous 4 years, completed the
education requirement set out in
section 3(1)(
a) and successfully completed the registration
examination referred to in
section 3(1)(b),
(ii) within the previous 5 years, been employed in the
practice of psychiatric nursing or its equivalent for
at least 1400 working hours,
(iii) within the previous 3 years, successfully
completed a refresher education program approved
by the Council, or
(iv) demonstrated to the satisfaction of the Registrar or
Registration Committee that the applicant is
currently competent to practise as a psychiatric
nurse,
and
(
d) if requested to do so by the Registrar or the Registration
Committee, provide evidence satisfactory to the
Registrar or the Registration Committee confirming the
member's fitness to practise.
Section 15 is amended
(
a) in subsection (1)
(
i) by striking out the portion preceding clause (
a) and substituting the following:
Authorized activities
15(1) A regulated member registered on any category of
the regulated members register may, within the practice
of registered psychiatric nursing and in accordance with
the standards of practice, perform the following restricted
activities:
(ii) in clause (
d) by striking out "within the meaning of
the Pharmaceutical Profession Act";
(iii) by adding the following after clause (j):
(j.1) order or apply non-ionizing radiation in ultrasound
imaging, other than the application of ultrasound to
a fetus;
(
b) by repealing subsection (2) and substituting the
following:
(2) Despite subsection (1)(d), a regulated member registered on
any category of the regulated members register who is
performing the restricted activity described in that subsection
shall not distribute, trade or barter for money or valuable
consideration, or keep for sale or offer for sale a
Schedule 1 drug
or a
Schedule 2 drug, but may distribute or give away a
Schedule
1 drug or a
Schedule 2 drug without expectation or hope of
compensation or reward.
(2.1) A regulated member registered on the registered
psychiatric nurse register may, within the practice of registered
psychiatric nursing and in accordance with the standards of
practice, perform the restricted activity of ordering any form of
ionizing radiation in medical radiography.
13 The following is added after
section 15:
Restricted activity requiring prior authorization
15.1 A regulated member on the registered psychiatric nurse
register who meets the requirements approved by the Council and
who has been authorized to do so by the Registrar or the Registration
Committee may, within the practice of registered psychiatric nursing
and in accordance with the standards of practice and the scope of the
authorization given by the Registrar or the Registration Committee,
perform the restricted activity of prescribing a
Schedule 1 drug.
Section 16 is amended
(
a) by striking out "section 15" and substituting "sections
15 and 15.1";
(
b) by striking out "approved by the Council".
Section 17(1) is amended by striking out "or the registered
mental deficiency nurse register".
Section 18(2)(
c) is amended by striking out "standards
approved by the Council" and substituting "standards of practice".
Section 27 is amended
(
a) in subsection (1) by striking out "Subject to an order
made under
Part 4 of the Act or a ratified settlement, a
regulated member" and substituting "A regulated
member";
(
b) by repealing subsection (2);
(
c) in subsection (3) by striking out "Subject to an order
made under
Part 4 of the Act or a ratified settlement, a
regulated member registered on the temporary register" and
substituting "A regulated member registered on the
provisional register".
--------------------------------
Alberta Regulation 108/2021
Public Sector Employers Act
PUBLIC SECTOR
EMPLOYERS REGULATION
Filed: May 27, 2021
For information only: Made by the Lieutenant Governor in Council (O.C. 162/2021)
on May 27, 2021 pursuant to
section 7 of the Public Sector Employers Act.
Definition
1 For the purpose of
section 1(1)(
a) of the Act, "employer" includes
any of the following entities or a subsidiary of the following entities if
the entity or subsidiary of the entity engages in collective bargaining or
a related process:
(
a) an employer referred to in
section 1(1)(a)(
i) to (
v) of the Act;
(
b) the employers listed in the
Schedule to the Act and restated
section 2;
(
c) the additional entities prescribed to be employers in
section 2
for the purposes of
section 7(2) of the Act.
Employers
2 Pursuant to sections 1(1)(a)(vi) and 7(2) of the Act, the following
entities are employers and the
Schedule to the Act is so amended:
(
a) Alberta Gaming, Liquor and Cannabis Commission;
(
b) Alberta Innovates;
(
c) Alberta Pensions Services Corporation;
(
d) ATB Financial;
(
e) Covenant Health;
(
f) Lamont Health Care Centre;
(f.1) Special Areas Board;
(
g) Travel Alberta;
(
h) The Workers' Compensation Board.
--------------------------------
Alberta Regulation 109/2021
Public Lands Act
RECREATIONAL ACCESS
AMENDMENT REGULATION
Filed: May 27, 2021
For information only: Made by the Minister of Environment and Parks (M.O. 46/2021)
on May 27, 2021 pursuant to
section 62.1 of the Public Lands Act.
1 The Recreational Access Regulation (AR 228/2003) is
amended by this Regulation.
Section 3(1) is amended by striking out "approval or" and
substituting "approval, activity pass or".
--------------------------------
Alberta Regulation 110/2021
Provincial Parks Act
PROVINCIAL PARKS (GENERAL)
AMENDMENT REGULATION
Filed: May 27, 2021
For information only: Made by the Minister of Environment and Parks (M.O. 47/2021)
on May 27, 2021 pursuant to
section 12(2) of the Provincial Parks Act.
1 The Provincial Parks (General) Regulation (AR 102/85) is
amended by this Regulation.
Section 1 is amended
(
a) by adding the following after clause (d):
(d.01) "commercial vehicle" means a commercial vehicle as
defined in the Traffic Safety Act;
(
b) by adding the following after clause (k):
(k.1) "private passenger vehicle" means a private passenger
vehicle as defined in the Traffic Safety Act;
Section 2 is amended by striking out "engaging in an activity
under this Regulation shall pay the fee in respect of that activity" and
substituting "engaging in an activity under this Regulation, or
entering on an access pass area established under
section 43.1, shall
pay the applicable fees in respect of that activity or area".
4 The following is added after
section 43:
Access Pass Areas
Access pass requirement
43.1(1) In this
section and
section 43.4, "owner" means an owner
as defined in the Traffic Safety Act of a commercial vehicle or a
private passenger vehicle.
(2) The Minister may establish, by order in accordance with this
section, an access pass area that includes the following:
(
a) provincial park or recreation area land;
(
b) a highway or trail under the direction, management and
control of the Minister;
(
c) a road, including the road's right of way or undeveloped road
allowance that passes through but does not form part of a
park or recreation area and is bordered, either continuously or
discontinuously, on both sides by land or water that forms
part of a park or recreation area.
(3) An order made under subsection (2) may exempt a member of a
category of persons from the requirement to obtain an access pass.
(4) An order made under subsection (2) may
(
a) designate activities in respect of which
(
i) an access pass is required within the access pass area,
and
(ii) an access pass is not required within the access pass
area,
(
b) specify the fees, if any, that a person must pay in respect of
an access pass, including, where authorized, the fees
applicable in respect of a private passenger vehicle or a
commercial vehicle in the access pass area,
(
c) specify the rules, if any, that apply with respect to an access
pass area, including whether or not an access pass in respect
of the access pass area may authorize access to the area by a
private passenger vehicle or a commercial vehicle,
(
d) specify the rules, if any, that apply to persons who are
exempt from the requirement to obtain an access pass in
respect of their entry on the access pass area, and
(
e) include any other requirements, terms or conditions that the
Minister considers appropriate.
(5) Where an access pass area is established under subsection (2),
the requirement to comply with this
section and the order under
subsection (2) is in addition to any other permission required under
the Act and regulations.
(6) Where an access pass area is established under subsection (2), as
required by and in accordance with the order under subsection (2), a
person
(
a) shall comply with any rules, requirements, terms or
conditions set out in the order, including rules, requirements,
terms or conditions that apply to that person
(
i) as the owner of a private passenger vehicle, and
(ii) as the owner of a commercial vehicle,
and
(
b) shall, unless exempt under subsection (3),
(
i) obtain an access pass, and
(ii) on the request of an officer, produce the access pass for
inspection.
Pass issuance
43.2 Where an access pass area is established under
section
43.1(2), the Minister or a person authorized by the Minister may
issue an access pass for the access pass area.
Prohibition
43.3 No person shall enter, in contravention of an order under
section 43.1(2), on an access pass area established under
section
43.1(2) except in accordance with the applicable order or as
otherwise authorized by the Act and regulations.
Liability of owner
43.4(1) Where a contravention of
section 2, 3, 43.1(6) or 43.3 is
committed by means of a commercial vehicle or a private passenger
vehicle, the owner of the vehicle is guilty of the contravention and
liable to any administrative penalty or fine imposed under the Act or
this Regulation in respect of it, whether or not any other person is
charged with or prosecuted in respect of the contravention.
(2) In the case of a vehicle in motion, subsection (1) does not apply
(
a) the owner was not driving the vehicle, and
(
b) no other person was driving the vehicle with the owner's
expressed or implied consent.
(3) In the case of a parked vehicle, subsection (1) does not apply if
(
a) the owner did not park the vehicle, and
(
b) no other person parked the vehicle with the owner's
expressed or implied consent.
--------------------------------
Alberta Regulation 111/2021
Consumer Protection Act
APPEAL BOARD AMENDMENT REGULATION
Filed: May 27, 2021
For information only: Made by the Minister of Service Alberta (M.O. SA:009/2021)
on May 19, 2021 pursuant to
section 183 of the Consumer Protection Act.
1 The Appeal Board Regulation (AR 195/99) is amended by
this Regulation.
Section 1 is amended by adding the following after clause
(c):
(d) "electronic means", in respect of attending or conducting a
hearing of an appeal, means 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,
without limitation, teleconferencing and computer network-
based or internet-based communication platforms.
3 The following is added after
section 5:
Format of hearing
5.1 Unless
section 13 applies, the chair of the appeal board
responsible for hearing an appeal
(
a) may decide to conduct the hearing in person, by electronic
means or by a combination thereof, and
(
b) if the hearing or part of the hearing is to be conducted by
electronic means, may authorize the parties and other
participants to attend the hearing by electronic means.
Section 6 is repealed and the following is substituted:
Notice of hearing
6 Unless
section 13 applies, the appeal board responsible for
hearing an appeal must send a notice to the appellant's address for
service and to the Director stating the following information:
(
a) the date and time of the hearing;
(
b) the location of the hearing or any part of the hearing, unless
the entire hearing is to be conducted by electronic means;
(
c) if the hearing or any part of the hearing is to be conducted by
electronic means, the information required for parties and
other authorized participants to attend the hearing or that part
of the hearing.
Section 10 is amended by renumbering it as
section
10(1) and by adding the following after subsection (1):
(2) A hearing or any part of a hearing conducted by electronic
means is deemed to be open to the public if the chair enables the
public to watch or listen to the hearing or that part of the hearing by
any electronic, telephonic or other method the chair considers
appropriate.
Section 12 is amended by adding ", or, where applicable, by
electronic means," after "by lawyer or other agent".
Section 17 is amended by striking out "June 30, 2021" and
substituting "June 30, 2024".
--------------------------------
Alberta Regulation 112/2021
Oil Sands Conservation Act
OIL AND GAS CONSERVATION RULES (EXPIRY DATE EXTENSION)
AMENDMENT REGULATION
Filed: May 31, 2021
For information only: Made by the Alberta Energy Regulator on May 13, 2021
pursuant to
section 20 of the Oil Sands Conservation Act.
1 The Oil Sands Conservation Rules (AR 76/88) are
amended by this Regulation.
Section 62 is repealed and the following is substituted:
Expiry
62 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 June 30, 2026.
--------------------------------
Alberta Regulation 113/2021
Oil and Gas Conservation Act
OIL AND GAS CONSERVATION RULES
AMENDMENT REGULATION
Filed: May 31, 2021
For information only: Made by the Alberta Energy Regulator on March 23, 2021
pursuant to
section 10(1)(a), (g), (h), (i), (j), (k), (o), (aa), (ff), (gg), (hh), (ii), (yy) and
(aaa) of the Oil and Gas Conservation Act.
1 The Oil and Gas Conservation Rules (AR 151/71) are
amended by this Regulation.
2 Rule 1.020(2) is amended by repealing item 5 and
substituting the following:
5. "control well" means a well that is capable of producing
oil, is within a block or project and is completed in a drilling
spacing unit that is contiguous to a drilling spacing unit that
contains a producing well that is outside the block or project;
3 Rule 7.025 is repealed.
4 Rule 11.104 is amended
(
a) by striking out "7.025,";
(
b) by striking out ", 11.102 and 11.145," and substituting
"and 11.102,".
5 Rule 11.145 is repealed.
6 Rule 17.010(1)(
n) is amended by striking out ", 11.145".