Alberta Regulation 53/2018

Municipal Government Act

OFF-SITE LEVIES AMENDMENT REGULATION

Filed: May 1, 2018

For information only: Made by the Lieutenant Governor in Council (O.C. 102/2018)

on May 1, 2018 pursuant to

section 694 of the Municipal Government Act.

1 The Off-site Levies Regulation (AR 187/2017) is amended

by this Regulation.

Section 1 is amended

(

a) by repealing clause (

b) and substituting the

following:

(b) "infrastructure" means the infrastructure, facilities and

land required for the purposes referred to in

section

648(2)(

a) to (c.1) of the Act;

(

b) by adding the following after clause (d):

(e) "transportation infrastructure" means the infrastructure

and land referred to in

section 648(2)(c.2) required to

connect or improve the connection of a municipal road

to a provincial highway.

Section 2 is amended

(

a) in clause (

a) by striking out "section 648(2) of the Act"

and substituting "section 648(2)(

a) to (c.1) of the Act and

any land required for or in connection with these purposes";

(

b) by adding the following after clause (a):

(a.1) for the purposes of

section 648(2)(c.2) of the Act and

any land required for or in connection with these

purposes, must apply the principles and criteria

specified in sections 3, 3.1, 4, 5 and 5.1,

Section 3 is amended

(

a) by repealing subsection (1) and substituting the

following:

General principles

3(1) Subject to

section 3.1, the municipality is responsible for

addressing and defining existing and future infrastructure,

transportation infrastructure and facility requirements.

(

b) in subsection (3) by adding ", transportation

infrastructure" after "infrastructure";

(

c) in subsection (4)

(

i) by adding ", transportation infrastructure" after

"infrastructure";

(ii) by striking out "and services";

(

d) by adding the following after subsection (4):

(5) Notwithstanding anything to the contrary in this Regulation,

the 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.

(6) A municipality cannot 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 a levy beyond the applicant's

proportional benefit.

(7) A municipality and an applicant for a development permit or

subdivision approval may enter into an agreement whereby the

applicant agrees to fund the entire cost of the construction of

infrastructure, transportation infrastructure or facilities to be

both parties.

(8) An agreement made under subsection (7) may include

provisions for the reimbursement of the cost incurred or payment

made in excess of the applicant's proportional benefit of the

infrastructure, transportation infrastructure or facilities together

with interest calculated at a rate fixed by the municipality for the

amount of the cost of the infrastructure, transportation

infrastructure or facilities until all land in the benefiting area for

the specific infrastructure, transportation infrastructure or

facilities is developed or subdivided.

5 The following is added after

section 3:

Transportation infrastructure - general principles

3.1(1) The municipality, in consultation with the Minister

responsible for the Highways Development and Protection Act, is

responsible for defining the need, standards, location and staging for

new or expanded transportation infrastructure.

(2) All transportation infrastructure constructed must adhere to the

standards, best practices and guidelines acceptable to the Minister

responsible for the Highways Development and Protection Act and

are subject to that Minister's approval.

Section 4 is amended

(

a) in subsection (1)

(

i) by repealing clause (

b) and substituting the

following:

(

b) recognizes variation among infrastructure, facility

and transportation infrastructure types,

(ii) by repealing clause (

c) and substituting the

following:

(

c) is consistent across the municipality for that type

of infrastructure, facility or transportation

infrastructure, and

(

b) by repealing subsection (2) and substituting the

following:

(2) Notwithstanding subsection (1)(c), the methodology used in

determining the calculation of a levy may be different for each

specific type of infrastructure, transportation infrastructure or

facility.

Section 5(1) is amended

(

a) by repealing clause (

a) and substituting the

following:

(

a) a description of the specific infrastructure, facilities and

transportation infrastructure;

(

b) by repealing clause (

c) and substituting the

following:

(

c) supporting studies, technical data and analysis;

8 The following is added after

section 5:

Additional principles and criteria to

apply to transportation infrastructure

5.1(1) In calculating a levy imposed pursuant to

section 648(2)(c.2)

of the Act, the municipality must take into consideration the

following:

(

a) supporting traffic impact assessments or other applicable

technical studies;

(

b) statutory plans;

(

c) policies;

(

d) agreements that identify

(

i) the need for and benefits from the new transportation

infrastructure,

(ii) the anticipated growth horizon, and

(iii) the portion of the estimated costs of the transportation

infrastructure that is not covered by the Crown that is

proposed to be paid by

(

A) the municipality,

(

B) the revenue raised by the levy, and

(

C) other sources of revenue;

(

e) any other relevant documents.

(2) In addition to the principles and criteria set out in sections 3, 3.1,

4 and 5, the additional criteria set out in subsections (1), (3) and

(4) apply when determining a levy for transportation infrastructure.

(3) Once the need for transportation infrastructure has been

identified by a municipality in consultation with the Minister

responsible for the Highways Development and Protection Act, the

municipality

(

a) must determine the benefitting area, and

(

b) must base the benefitting area on a reasonable geographic

area for the use of the transportation infrastructure.

(4) A levy under this

section must apply proportionally to a

benefitting area determined under subsection (3).

Section 7 is amended

(

a) in subsection (1)

(

i) in clause (

a) by adding ", transportation

infrastructure" after "infrastructure";

(ii) in clause (b)

(

A) by striking out "each participating municipality"

and substituting "participating municipalities";

(

B) by adding ", transportation infrastructure" after

"infrastructure";

(

b) by adding the following after subsection (2):

(2.1) In addition to the criteria set out in subsection (1), the

principles and criteria set out in sections 3.1 and 5.1 apply when

determining an intermunicipal levy for transportation

infrastructure referred to in

section 648(2)(c.2) of the Act.

Section 8 is amended

(

a) in subsection (1) by adding ", transportation

infrastructure" after "infrastructure";

(

b) in subsection (4) by striking out "subsections (2),

(3) and (4)" and substituting "subsections (1), (2) and (3)".

Section 10 is amended by adding "for a purpose referred to

section 648(2.1) of the Act" after "levy".

12 This Regulation comes into force on May 1, 2018.

Alberta Regulation 54/2018

Provincial Offences Procedure Act

PROCEDURES (ENVIRONMENT AND PARKS)

AMENDMENT REGULATION

Filed: May 1, 2018

For information only: Made by the Lieutenant Governor in Council (O.C. 108/2018)

on May 1, 2018 pursuant to

section 42 of the Provincial Offences Procedure Act.

1 The Procedures Regulation (AR 63/2017) is amended by

this Regulation.

Section 2 is amended

(

a) by adding the following after clause (m):

(m.1) Public Lands Act;

(

b) in clause (

x) by striking out "(v)" and substituting

"(w)";

(

c) by repealing clause (z).

3 The

Schedule is amended

(

a) in

Part 6 by adding the following after

section 2:

2.1 The specified penalty payable for a contravention of

section

33.2(3) of the Act for failing to stop a conveyance for inspection

at an open inspection station is $270.

(

b) in

Part 7 by adding the following after item 9:

9.1

19.2

(

c) by adding the following after

Part 7:

Part 7.1

Regulation under the Fisheries (Alberta) Act

Fisheries (Ministerial) Regulation

1 The specified penalty payable in respect of a contravention of

section 6.1 of the Fisheries (Ministerial) Regulation (AR 220/97) for

transporting an item of watercraft on a highway by means of a

conveyance if the watercraft has a drainage hole in the lower hull that

is blocked with a plug is $150.

(

d) by adding the following after

Part 19:

Part 19.1

Public Lands Act

1 The specified penalty payable in respect of a contravention of a

provision of the Public Lands Act shown in Column 1 is the amount

shown in Column 2 in respect of that provision.

Item

Number

Column 1

(Section Number

of Act)

Column 2

(Specified Penalty

in Dollars)

54(1)(a)

54(1)(a.2)

54.01(2)(a)

54.01(2)(b)

54.01(3)

56(1)(d)

56(1)(e)

(

e) by repealing

Part 20 and substituting the following:

Part 20

Regulation under the Public Lands Act

Public Lands Administration Regulation

1 The specified penalty payable in respect of a contravention of a

provision of the Public Lands Administration Regulation

(AR 187/2011) shown in Column 1 is the amount shown in Column 2

in respect of that provision.

Item Number

Column 1

(Section Number of

Regulation)

Column 2

Specified Penalty

(in Dollars)

32(2)

37.1(1)

45(1)

45(4)

134(2)

181(a)

181(b)

183(1)

183(2)

184(3)

185(1)(a)

185(1)(b)

185(3)

185(4)(a)

185(4)(

b) and (c)

185(5)

185(6)(

a) or (b)

185(7)(a)

185(7)(b)

187(1)

188(1)

189(1)

190(1)

191(1)

191(2)

193(1)

194(1)

197(1)

197(2)

199(1)

200(1)

206(1)

206(2)

Schedule 4, Part B,

section 5

Schedule 4, Part D,

section 12(4)

Schedule 4,

Part I,

section 34(3)

Schedule 4, Part J,

section 36(1)

Schedule 4, Part K,

section 38

Schedule 4, Part R,

section 55(2)

4 This Regulation comes into force 30 days after it is filed

under the Regulations Act.

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

Alberta Regulation 55/2018

Railway (Alberta) Act

HERITAGE RAILWAY (EXPIRY DATE EXTENSION)

AMENDMENT REGULATION

Filed: May 8, 2018

For information only: Made by the Minister of Transportation (M.O. 14/18) on May

4, 2018 pursuant to

section 30 of the Railway (Alberta) Act.

1 The Heritage Railway Regulation (AR 352/2009) is

amended by this Regulation.

Section 15 is amended by striking out "June 30, 2018" and

substituting "June 30, 2021".

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

Alberta Regulation 56/2018

Occupational Health and Safety Act

OCCUPATIONAL HEALTH AND SAFETY CODE 2009

AMENDMENT REGULATION

Filed: May 8, 2018

For information only: Made by the Minister of Labour (M.O. 2018-10) on May 4,

2018 pursuant to

section 86 of the Occupational Health and Safety Act.

1 The Occupational Health and Safety Code 2009 as

adopted by AR 87/2009 is amended by this Regulation.

2(1) The title of the Code is repealed and the following is

substituted:

OCCUPATIONAL HEALTH AND SAFETY CODE

(2) The Code may be cited as the Occupational Health and

Safety Code (AR 87/2009).

Section 1 is repealed and the following is substituted:

Part 1

Definitions and General Application

Definitions

1 In this Code,

"abate" means to encapsulate, enclose or remove

asbestos-containing material;

"abnormal audiogram" means an audiogram that indicates

(

a) the threshold in either ear is more than 25 dB at 500,

1000 or 2000 Hz,

(

b) the threshold in either ear is more than 60 dB at 3000,

4000 or 6000 Hz, or

(

c) there is one-sided hearing loss with the difference in

hearing threshold level between the better and the

poorer ear exceeding the average of 30 dB at 3000,

4000 and 6000 Hz;

"abnormal shift" means a threshold shift, in either ear, of

15 dB at two consecutive test frequencies from 1000 Hz up

to and including 6000 Hz when compared to the baseline test;

"acceptance" means an acceptance issued under

section 55 of

the Act;

"Act" means the Occupational Health and Safety Act;

"actively transmitting" with respect to radiofrequency

transmitters includes being set to "on" or "standby" mode;

"actuated fastening tool" means a tool that uses a pneumatic,

hydraulic, explosive or electric source of energy to bring

about its action;

"acute illness or injury" means a physical injury or sudden

occurrence of an illness that results in the need for immediate

care;

"advanced care paramedic" or "ACP" means an advanced

care paramedic under the Paramedics Profession Regulation

(AR 151/2016);

"advanced first aider" means an emergency medical

responder, primary care paramedic, nurse or other person

who holds a certificate in advanced first aid from an

approved training agency;

"aerial device" means a telescoping or articulating unit used

for positioning a personnel basket, bucket, platform or other

device at an elevated work location;

"all-terrain vehicle" means a wheeled or tracked motor

vehicle designed primarily for travel on unprepared surfaces,

such as open country and marshland, but does not include a

snow vehicle or farming, ranching or construction

machinery;

"anchor" means an engineered component for coupling a fall

arrest or travel restraint system to an anchorage;

"anchorage" means a structure, or part of a structure, that is

capable of safely withstanding any potential forces applied

by a fall protection system;

"ANSI" means the American National Standards Institute;

"API" means the American Petroleum Institute;

"approved by a Director" or "approved by the Director"

means an approval issued under

section 56 of the Act;

"approved to" means that the product bears the approval or

certification mark of a nationally accredited third-party

testing organization, certifying that the product complies with

the referenced standard;

"approved training agency" means a person or organization

that enters into an agreement with a Director of Medical

Services under

section 177;

"asbestos waste" means material that is discarded because

there is a reasonable chance that asbestos might be released

from it and become airborne, including protective clothing

that is contaminated with asbestos;

"ASME" means the American Society of Mechanical

Engineers;

"ASSE" means the American Society of Safety Engineers;

"ASTM" means the American Society for Testing and

Materials;

"audiometer" means a device meeting the specifications of an

audiometer described in ANSI Standard S3.6-2004,

Specification for Audiometers;

"audiometric technician" means a person who has passed an

audiometric technician course approved by a Director of

Medical Services, or has been approved by a Director of

Medical Services as having the equivalent of an approved

audiometric technician course and who, in either case, has

passed a requalification examination when requested to do so

by a Director of Medical Services;

"authorized worker" in sections 562 to 569 means a

competent worker authorized by the employer to install,

change or repair electrical equipment;

"AWG" means, with respect to electrical conductors,

American Wire Gauge;

"biohazardous material" means a pathogenic organism,

including a bloodborne pathogen, that, because of its known

or reasonably believed ability to cause disease in humans,

would be classified as Risk Group 2, 3 or 4 as defined in the

Human Pathogens and Toxins Act (Canada), or any material

contaminated with such an organism;

"blaster" means a worker who holds a valid blaster's permit

issued under the Occupational Health and Safety Regulation;

"blasting area" means the location at which explosives are

being prepared, fired or destroyed or in which armed charges

are known or believed to exist, and, except at a mine site,

extends at least 50 metres in all directions from the location;

"blasting machine" means a portable device used to initiate

detonation;

"blasting mat" means a heavy mat made of woven rope, steel

wire or chain, or improvised from other material, placed over

loaded holes to prevent earth, rock and debris from being

thrown in the air by the detonated explosive;

"boatswain's chair" means a seat that is suspended from

ropes, from which one person works on the side of a

building;

"body belt" means a body support consisting of a strap with a

means for securing it about the waist and attaching it to other

components;

"boom" means the part of a structure that is attached to a

crane or lifting device superstructure and used to support the

upper end of the hoisting tackle;

"boom truck" means a truck that is equipped with a

hydraulically driven structure or device that

(

a) is mounted on a turret that is secured to a truck,

(

b) is supported to provide stability, and

(

c) is equipped with a boom that

(

i) is telescoping or articulating, and

(ii) can swing or hoist or raise and lower its load;

"bootleg" means that portion of a drill hole or borehole that

(

a) is not destroyed after an explosive charge is detonated

in it, and

(

b) may or may not contain explosives;

"BSI" means the British Standards Institute;

"building shaft" means an enclosed vertical opening in a

building or structure extending to two or more floors or

levels, including an elevator, a ventilation shaft, a stairwell or

a service shaft;

"buried facility" means anything buried or constructed below

ground level respecting electricity, communications, water,

sewage, oil, gas or other substances including, but not limited

to, the pipes, conduits, ducts, cables, wires, valves, manholes,

catch basins and attachments to them;

"Canadian Electrical Code" means CSA Standard C22.1-06,

Canadian Electrical Code,

Part 1, Safety Standard for

Electrical Installations;

"CANMET" means the Canadian Explosives Atmospheres

Laboratory, Canadian Centre for Mineral and Energy

Technology, Natural Resources Canada;

"cantilever hoist" means a hoist in which the car travels on

rails that may be an integral part of a vertical mast and on a

vertical plane out-board from the mast;

"carabiner" means a connecting component that

(

a) generally consists of a trapezoidal or oval body with a

self-locking gate that requires at least two consecutive,

deliberate actions to open to permit the body to receive

an object and that, when released, automatically closes

and locks to prevent unintentional opening, and

(

b) has an ultimate tensile strength of at least 22.2

kilonewtons;

"CEN" means the European Committee for Standardization;

"certified by a professional engineer" means stamped and

signed by a professional engineer as described in

section 14;

"CGSB" means the Canadian General Standards Board;

"chimney hoist" means a hoist used to lift workers, materials

or equipment during the construction of a chimney;

"climbable structure" means an engineered or architectural

work where the primary method of accessing the structure is

by climbing the structure with the principle means of support

being the climber's hands and feet;

"close work site" means a work site that is not more than 20

minutes travel time from a health care facility, under normal

travel conditions using available means of transportation;

"combustible dust" means a dust that can create an explosive

atmosphere when it is suspended in air in ignitable

concentrations;

"combustible liquid" means a liquid that has a flash point at

or above 37.8§C, as determined by using the methods

described in the Alberta Fire Code (1997);

"combined operation" in

Part 36 means surface and

underground mining activity at the same mine site, whether

or not the mine material is being extracted from one or more

connected or unconnected seams;

"concrete pump truck" in

Part 19 means powered mobile

equipment that is comprised of a concrete pump, a

distribution boom or mast, delivery pipes and the equipment

on which they are mounted;

"confined space" means a restricted space which may

become hazardous to a worker entering it because of

(

a) an atmosphere that is or may be injurious by reason of

oxygen deficiency or enrichment, flammability,

explosivity or toxicity,

(

b) a condition or changing set of circumstances within the

space that presents a potential for injury or illness, or

(

c) the potential or inherent characteristics of an activity

which can produce adverse or harmful consequences

within the space;

"contaminant" means a chemical, biological or radiological

material in a concentration that will likely endanger the

health and safety of a worker if it is inhaled, ingested or

absorbed;

"contaminated" means affected by the presence of a harmful

substance on workers or at the work site in a quantity

sufficient to pose a risk to health;

"contaminated environment" means a work site that contains

or may contain a contaminant;

"control system isolating device" means a device that

physically prevents activation of a system used for remotely

controlling the operation of equipment;

"control zone" means the area within 2 metres of an

unguarded edge of a level, elevated work surface that has a

slope of no more than 4 degrees;

"cow's tail" in

Part 41 means a short strap, lanyard or sling

connected to the main attachment point of a harness;

"CPSC" means the Consumer Product Safety Commission;

"crane" means equipment that is designed to lift loads, lower

loads and move loads horizontally when they are lifted;

"CSA" means the Canadian Standards Association;

"3 decibel exchange rate" means that when the sound energy

doubles, the decibel level increases by three;

"dBA" means a measure of sound level in decibels using a

reference sound pressure of 20 micropascals when measured

on the A-weighting network of a sound level meter;

"demolition" means the tearing down, destruction, breaking

up or razing of the whole or part of a building or structure;

"designated signaller" means a person designated to give

signals in accordance with

section 191;

"detonating cord" means a cord containing explosives of

sufficient strength to detonate other explosives;

"detonator" means a blasting detonator, an electric blasting

detonator or a similar device used to detonate explosives;

"detonator leg wire" means an electric wire attached to a

detonator;

"direct supervision" means that a competent worker

(

a) is personally and visually supervising the worker who is

not competent, and

(

b) is able to communicate readily and clearly with the

worker who is not competent;

"Director" in

Part 36 means the Director of Inspection whose

duties include mines;

"discard" means solid or liquid material that is removed or

rejected during mining or processing operations because it

has no current use, but that may be of future use;

"distant work site" means a work site that is more than 20

minutes but less than 40 minutes travel time from a health

care facility, under normal travel conditions using available

means of transportation;

"electric blasting detonator" means a shell containing a

charge of detonating compound designed to be fired by an

electric current;

"electric utility" has the meaning assigned to it by the

Electric Utilities Act;

"electromagnetic radiation" includes radiation used or found

in association with

(

a) broadcasting,

(

b) mobile communications systems,

(

c) remote control signal stations,

(

d) television and radio transmitters,

(

e) industrial radiofrequency heaters,

(

f) equipment used for geophysical surveys,

(

g) radar,

(

h) atmospheric electrical storms, and

(

i) cellular telephone systems;

"emergency first aider" means a person who holds a

certificate in emergency first aid from an approved training

agency;

"emergency medical responder" means an emergency

medical responder under the Paramedics Profession

Regulation (AR 151/2016);

"emergency response plan" means the emergency response

plan required under

Part 7;

"excavation" in

Part 32 means a dug out area of ground but

does not include a tunnel, underground shaft or open pit

mine;

"excess noise" means noise that exceeds the limits specified

section 218;

"explosive" means a chemical compound or mixture that by

fire, friction, impact, percussion or detonation may cause a

sudden release of gases at a pressure capable of producing

destructive effects to adjacent objects or of killing or injuring

a person;

"explosive atmosphere" means an atmosphere that

(

a) contains a substance in a mixture with air, under

atmospheric conditions and at a concentration between

the substance's lower explosive limit and upper

explosive limit, and

(

b) is capable of producing destructive effects to adjacent

objects or of killing or injuring a person;

"exposed worker" means a worker who may reasonably be

expected to work in a restricted area at least 30 work days in

a 12 month period;

"fall arresting device" means a part of a worker's personal

protective equipment that stops the worker's fall and does not

allow the worker to fall farther;

"fall protection system" means

(

a) a personal fall arrest system,

(

b) a travel restraint system,

(

c) fabric or netting panels intended for leading edge

protection,

(

d) a safety net,

(

e) a control zone, or

(

f) use of procedures in place of fall protection equipment;

"fall restrict equipment" means a component of a fall restrict

system that, when combined with other subcomponents and

elements, allows the climber of a wood pole to remain at his

or her work position with both hands free, and that performs

a limited fall arrest function when the climber loses contact

between his or her spurs and the pole;

"fall restrict system" means a combination of a work

positioning system and fall restrict equipment;

"fibre" means a particulate material with

(

a) a diameter equal to or less than 3 micrometres,

(

b) a length equal to or greater than 5 micrometres, and

(

c) a length to diameter ratio equal to or greater than 3 to 1;

"first aid" means the immediate and temporary care given to

an injured or ill person at a work site using available

equipment, supplies, facilities or services, including

treatment to sustain life, to prevent a condition from

becoming worse or to promote recovery;

"first aider" means an emergency first aider, standard first

aider or advanced first aider designated by an employer to

provide first aid to workers at a work site;

"fixed ladder" means a ladder that is permanently fixed to a

supporting structure in a vertical position or at an angle of

not more than 15 degrees from vertical and that does not lean

back;

"flammable liquid" means a liquid with

(

a) a flash point below 37.8øC, and

(

b) a vapour pressure of not more than 275.8 kilopascals

(absolute), as determined by ASTM Standard D323-06,

Standard Test Method for Vapour Pressure of

Petroleum Products (Reid Method);

"flammable substance" means

(

a) a flammable gas or liquid,

(

b) the vapour of a flammable or combustible liquid,

(

c) dust that can create an explosive atmosphere when

suspended in air in ignitable concentrations, or

(

d) ignitable fibres;

"flash point" means the minimum temperature at which a

liquid in a container gives off vapour in sufficient

concentration to form an ignitable mixture with air near the

surface of the liquid, as determined by using the methods

described in the Alberta Fire Code (1997);

"fly form deck panel" means a temporary supporting

structure used as a modular falsework that is intended to be,

and capable of being, moved from floor to floor and re-used

during a construction project;

"free fall distance" means the vertical distance between the

point from which a worker falls to the point at which

deceleration begins because of the action of a personal fall

arrest system;

"full body harness" means a body support consisting of

connected straps designed to distribute force over at least the

thighs, shoulders and pelvis, to which a lanyard or lifeline or

connecting component can be attached;

"gob" means an area of a mine from which coal has been

extracted and the roof allowed to cave in;

"grinder accessory" means an abrasive wheel, cutting disc,

wire wheel, buffing or polishing disc, or other similar

product;

"GVW" means the manufacturer's rated gross vehicle

weight;

"hand expose zone" means the strip of land

(a) 1 metre wide on each side of the locate marks for a

buried facility other than a high pressure pipeline, or

(b) 5 metres wide on each side of the locate marks for a

high pressure pipeline;

"hand tool" means hand-held equipment that depends on the

energy of the worker for its direct effect and does not have a

pneumatic, hydraulic, electrical or chemical energy source

for its operation;

"handling" with respect to explosives includes preparing,

loading, firing, burning or destroying explosives or

detonators;

"hazard assessment" means an assessment made in

accordance with

section 7 or 21;

"hazardous energy" in

Part 15 means electrical, mechanical,

hydraulic, pneumatic, chemical, nuclear, thermal,

gravitational or any other form of energy that could cause

injury due to the unintended motion, energizing, start-up or

release of such stored or residual energy in machinery,

equipment, piping, pipelines or process systems;

"hazardous location" in

Part 10 means a place where fire or

explosion hazards may exist due to flammable gases or

vapours, flammable or combustible liquids, combustible dust

or ignitable fibres or flyings, as described in the Canadian

Electrical Code;

"health care facility" means a hospital, medical clinic or

physician's office that can dispense emergency medical

treatment during the time the workers are at the work site;

"heavy duty scaffold" means a scaffold that

(

a) is designed to support the equivalent of an evenly

distributed load of more than 122 kilograms per square

metre but not more than 367 kilograms per square

metre, and

(

b) has planks with a span of not more than 2.3 metres;

"high hazard work" means work described in

Schedule 2,

Table 2;

"high pressure pipeline" means a pipeline operating at a

pressure of 700 kilopascals or greater;

"hoist" means equipment that is designed to lift and lower

loads;

"horizontal lifeline system" means a system composed of a

synthetic or wire rope, secured horizontally between 2 or

more anchor points, to which a worker attaches a personal

fall arrest system or travel restraint system;

"hot tap" means a process of penetrating through the

pressure-containing barrier of a pipeline, line, piping system,

tank, vessel, pump casing, compressor casing or similar

facility that has not been totally isolated, depressurized,

purged and cleaned;

"hot work" means work in which a flame is used or sparks or

other sources of ignition may be produced, including

(

a) cutting, welding, burning, air gouging, riveting, drilling,

grinding and chipping,

(

b) using electrical equipment not classified for use in a

hazardous location, and

(

c) introducing a combustion engine to a work process;

"hours of darkness" means the period from 30 minutes after

sunset to 30 minutes before sunrise, or any time when,

because of insufficient light or unfavourable atmospheric

conditions, persons or vehicles cannot be seen at a distance

of 150 metres;

"IEC" means the International Electrotechnical Commission;

"immediately dangerous to life or health" means

circumstances in which the atmosphere is deficient in oxygen

or the concentration of a harmful substance in the atmosphere

(

a) is an immediate threat to life,

(

b) may affect health irreversibly,

(

c) may have future adverse effects on health, or

(

d) may interfere with a worker's ability to escape from a

dangerous atmosphere;

"incombustible dust" means a pulverized inert mine material

of light colour,

(a) 100% of which passes through a 20 mesh sieve,

(

b) not less than 70% by weight of which passes, when dry,

through a 200 mesh sieve, and

(

c) that does not contain more than 5% combustible matter

or 4% free and combined silica;

"industrial power producer" in

Part 40 means an employer

authorized in Alberta to generate electrical energy as an

independent power producer or solely for its own use in

manufacturing or in the handling of material;

"industrial rope access work" in

Part 41 means work

activities at height which incorporate a working line, safety

line and full body harness in combination with other devices

that allow a worker to ascend, descend and traverse to and

from a work area under his or her own control;

"inerting" means to intentionally flood the atmosphere inside

a confined space with an inert gas to eliminate the hazard of

igniting flammable vapours;

"ionizing radiation" in

section 291 means high-energy

electromagnetic radiation that is capable of disrupting the

structure of atoms or molecules;

"ISO" means the International Organization for

Standardization;

"isolated" means to have separated, disconnected,

de-energized or depressurized;

"isolated work site" means a work site that is 40 minutes or

more travel time from the work site to a health care facility

under normal travel conditions using available means of

transportation;

"jib" means an extension to a boom that is attached to the

boom tip to provide additional boom length;

"Joint First Aid Training Standards Board" means the Joint

First Aid Training Standards Board established under the

Occupational Health and Safety Regulation;

"Lex" means the level of a worker's total exposure to noise in

dBA, averaged over the entire workday and adjusted to an

equivalent 8-hour exposure measured in accordance with

section 219 and based on a 3 decibel exchange rate;

"ladderjack scaffold" means a scaffold erected by attaching a

bracket to a ladder to support the scaffold planks;

"lanyard" means a flexible line of webbing or synthetic or

wire rope that is used to secure a full body harness or safety

belt to a lifeline or anchor point;

"leading edge" means the edge of a floor, roof or formwork

for a floor or other walking/working surface which changes

location as additional floor, roof, decking or formwork

sections are placed, formed or constructed;

"life jacket" means personal protective equipment capable of

supporting a person with the head above water in a face-up

position without the direct effort of the person wearing the

equipment;

"lifeline" means a synthetic or wire rope, rigged from one or

more anchor points, to which a worker's lanyard or other part

of a personal fall arrest system is attached;

"light duty scaffold" means a scaffold that

(

a) is designed to support the equivalent of an evenly

distributed load of not more than 122 kilograms per

square metre, and

(

b) has planks with a span of not more than 3 metres;

"low hazard work" means work described in

Schedule 2,

Table 1;

"lower explosive limit" means the lower value of the range of

concentrations of a substance, in a mixture with air, at which

the substance may ignite;

"lumber" means wood that is spruce-pine-fir (S-P-

F) or

better, of Number 2 grade or better and, if referred to by

dimensions, meets the requirements of CSA Standard

CAN/CSA-O141-05, Softwood Lumber, or the requirements

of the NLGA Standard, Standard Grading Rules for

Canadian Lumber (2003);

"machinery" means a combination of mechanical parts that

transmits from one part to another, or otherwise modifies,

force, motion or energy that comes from hydraulic,

pneumatic, chemical or electrical reactions or from other

sources, and includes vehicles;

"magazine" with respect to explosives means a building,

storehouse, structure or place in which an explosive is kept or

stored, but does not include

(

a) a vehicle in which an explosive is kept for the purpose

of moving the explosive from place to place, or,

(

b) a place at which the blending or assembling of the

non-explosive component parts of an explosive is

allowed;

"manufacturer's rated capacity" means the maximum

capacity, speed, load, depth of operation or working pressure,

as the case may be, recommended by the specifications of the

manufacturer of the equipment for the operation of the

equipment under the circumstances prevailing at the time it is

operated;

"material hoist" means a hoist that is not designed to lift

people;

"medical sharp" in

Part 35 means a needle device, scalpel,

lancet or any other medical device that can reasonably be

expected to penetrate the skin or other part of the body;

"medium hazard work" means work that is neither low

hazard work nor high hazard work;

"meets the requirements of" means a manufacturer's

self-declaration that the product complies with the referenced

standard is acceptable;

"mine blaster" means a surface mine blaster or an

underground mine blaster;

"mine entrance" means a surface entrance to a mine at the

point above where excavation began or will begin but does

not include a mined out area that has been reclaimed;

"mine level" in

Part 36 means a horizontal excavation in the

ground or in strata of an underground mine that is usable

(

a) for drainage or ventilation, or

(

b) as an entrance or exit for workers or mine materials to

or from a mine or part of a mine;

"mine material" means material that may be taken into or out

of a mine including naturally occurring materials, equipment

and supplies;

"mine official" means an underground coal mine manager or

underground coal mine foreman;

"mine plan" means a map, including a profile or section, of a

mine or part of a mine, certified as correct by the mine

surveyor;

"mine shaft" in

Part 36 means an excavation at an angle of 45

degrees or greater from the horizontal that is usable

(

a) for drainage or ventilation, or

(

b) as an entrance or exit for workers or mine materials to

or from a mine or part of a mine;

"mine tunnel" in

Part 36 means an excavation at an angle of

less than 45 degrees from the horizontal, including inclines

and declines, that is usable

(

a) for drainage or ventilation, or

(

b) as an entrance or exit for workers or mine materials to

or from a mine or part of a mine;

"mine wall" means the exposed face of an excavation in a

surface mine from ground level to the working level;

"misfire" means a drill hole, borehole or device containing an

explosive charge that did not explode when detonation was

attempted;

"mobile crane" means a crane, other than a boom truck, that

(

a) incorporates a power driven drum and cable or rope to

lift, lower or move loads,

(

b) is equipped with a lattice or telescoping boom capable

of moving in the vertical plane, and

(

c) is mounted on a base or chassis, either crawler- or

wheel-mounted, to provide mobility;

"mobile equipment" means equipment that is

(

a) capable of moving under its own power or of being

pulled or carried, and

(

b) not intended to be secured to land or a structure;

"musculoskeletal injury" means an injury to a worker of the

muscles, tendons, ligaments, joints, nerves, blood vessels or

related soft tissues that are caused or aggravated by work,

including overexertion injuries and overuse injuries;

"NFPA" means the National Fire Protection Association;

"NIOSH" means the National Institute for Occupational

Safety and Health;

"NLGA" means the National Lumber Grades Authority;

"noise" means sound energy at a work site;

"non-industrial rope access work" in

Part 41 means work

activities performed within a recreational or sport context

that incorporate a working line and a sit harness or full body

harness in combination with other devices during

(

a) mountaineering, caving and canyoning activities

requiring the use of rope access techniques, or

(

b) climbing on artificial structures designed and built for

the purpose of sport climbing;

"nurse" means a registered nurse who is a member of the

College and Association of Registered Nurses of Alberta

established under the Health Professions Act and who is an

advanced first aider;

"occupational exposure limit (OEL)" with respect to a

substance, means the occupational exposure limit established

in

Schedule 1, Table 2 for that substance;

"occupational rope access" in

Part 41 includes both industrial

and non-industrial rope access work;

"operate" with respect to machinery or equipment includes

using or handling the machinery or equipment;

"OSHA" means the Occupational Safety and Health

Administration;

"outlet" in

Part 36 means a shaft, slope, incline, decline, adit,

tunnel, level or other means of entry to or exit from an

underground mine;

"outrigger scaffold" means a supported scaffold that consists

of a platform resting on outrigger beams (thrustouts)

projecting beyond the wall or face of the building or

structure, with inboard ends secured inside the building or

structure;

"parenteral contact" means piercing mucous membranes or

the skin;

"particulate not otherwise regulated" means insoluble

particulate composed of substances that do not have an

occupational exposure limit;

"permanent" when referring to a structure, process or action,

means that it is intended to last indefinitely;

"permanent suspension powered work platform" means a

suspension powered work platform that is a permanent part

of a building or structure;

"permitted explosive" means an explosive that is listed as

such by the Chief Inspector of Explosives, Natural Resources

Canada;

"personal fall arrest system" means personal protective

equipment that will stop a worker's fall before the worker

hits a surface below the worker;

"personal flotation device" means personal protective

equipment capable of supporting a person with the head

above water, without the direct effort of the person wearing

the equipment;

"personal protective equipment" means equipment or

clothing worn by a person for protection from health or

safety hazards associated with conditions at a work site;

"PIP" means Process Industry Practices;

"pipeline" has the meaning assigned to it by the Pipeline Act;

"portable ladder" means any ladder that is not a fixed ladder;

"portable power cables" in

Part 36 means portable trailing

cables as specified in the applicable sections of CSA

Standard CAN/CSA-M421-00 (R2007), Use of Electricity in

Mines;

"portal" means a structure at the entrance to an underground

mine, including any at the surface and any for a distance

underground of 30 metres,

(

a) that is used to support the ground and protect workers,

(

b) where outlets, other than vertical shafts, reach the

surface;

"powered mobile equipment" means a self-propelled

machine or combination of machines, including a prime

mover or a motor vehicle, designed to manipulate or move

material or to provide a powered aerial device for workers;

"primary care paramedic" means a primary care paramedic

under the Paramedics Profession Regulation (AR 151/2016);

"prime" with respect to explosives means to attach a safety

fuse assembly or detonator;

"processing plant" in

section 532 means a facility where coal,

minerals or other products of a mine are cleaned, sized or

prepared for sale or use;

"professional engineer" means a professional engineer under

the Engineering and Geoscience Professions Act;

"pulmonary function technician" means a person who

(

a) has passed, or has been approved by a Director of

Medical Services as having done the equivalent of

passing, a pulmonary function technician course

approved by a Director of Medical Services, and

(

b) if so required by a Director of Medical Services, has

passed a re-qualification examination approved by such

a Director;

"purge" means to remove a substance by displacing it with

another substance;

"quarry" means an operation involved in the mining of

limestone, sandstone or another industrial mineral;

"radiofrequency transmitters" means transmitters that include

radio towers, television towers, portable two-way radio base

stations and repeaters, portable two-way radios and cellular

telephones;

"respirable particulate" means airborne particulate collected

and analyzed using NIOSH Method 0600 (Particulates Not

Otherwise Regulated, Respirable);

"restricted area" means an area of a work site where there is a

reasonable chance that the airborne concentration of asbestos,

silica, coal dust or lead exceeds or may exceed the

occupational exposure limit for one or more of the

substances;

"restricted space" means an enclosed or partially enclosed

space, not designed or intended for continuous human

occupancy, that has a restricted, limited or impeded means of

entry or exit because of its construction;

"rural electrification association" in

Part 40 means an

association under the Rural Utilities Act whose purpose is to

supply electricity to its members;

"SAE" means the Society of Automotive Engineers;

"safe patient/client/resident handling" in

Part 14 means

lifting, transferring or repositioning by the use of engineering

controls, lifting and transfer aids or assistive devices, by lift

teams or other trained staff rather than by sole use of worker

body strength;

"safeguard" means a guard, shield, guardrail, fence, gate,

barrier, toe board, protective enclosure, safety net, handrail or

other device designed to protect workers operating

equipment or machinery, but does not include personal

protective equipment;

"safety-engineered medical sharp" in

Part 35 means a

medical sharp that is designed to, or has a built-in safety

feature or mechanism that will, eliminate or minimize the

risk of accidental parenteral contact while or after the sharp is

used;

"safety fuse" means a train of black powder that

(

a) is tightly wrapped and enclosed in a series of textiles

and waterproof materials,

(

b) can be connected to a detonator, and

(

c) burns internally at a continuous and uniform rate when

ignited;

"safety fuse assembly" means a safety fuse to which a

detonator is attached;

"scaffold" means a temporary work platform and its

supporting structure used for supporting workers or materials

or both, but does not include suspended cages, permanent

suspension powered work platforms, boatswain's chairs,

elevating platforms, aerial devices, fork-mounted work

platforms, temporary supporting structures and fly form deck

panels;

"secure" in

Part 15 means ensuring that an energy-isolating

device cannot be released or activated;

"sharps" means needles, knives, scalpels, blades, scissors and

other items that can cut or puncture a person, that may also

be contaminated with a biohazardous material;

"shock absorber" means a device intended to reduce the force

on a worker when a personal fall arrest system is operating;

"small utility vehicle" in

Part 18 means a small vehicle

designated for off-road use, equipped with a bench-type seat

and a steering wheel, and designed to transport more than

one person;

"snow vehicle" means a motor vehicle designated or intended

to be driven exclusively or chiefly on snow or ice;

"snubbing" in

Part 37 means the act of moving tubulars into

or out of a well bore when pressure is contained in the well

through the use of stripping components or closed blowout

preventers (BOPs), and mechanical force is required to move

the tubing in order to overcome the hydraulic force exerted

on the tubular in the well bore;

"split" in

Part 36 means a separate fresh air ventilation circuit

in which the intake air comes directly from the main intake

airway and the return air goes directly to the main return

airway;

"spoil pile" means waste material excavated from an

excavation, tunnel or underground shaft;

"standard first aider" means a first aider who holds a

certificate in standard first aid from an approved training

agency;

"surface mine" means a mine worked by strip mining, open

pit mining or other surface method, including auger mining;

"surface mine blaster" means a worker who holds a valid

surface mine blaster's certificate issued under the

Occupational Health and Safety Regulation;

"suspended scaffold" means a work platform suspended from

above by wires or ropes;

"swing drop distance" means, in a fall-arresting action, the

vertical drop from the onset of the swinging motion to the

point of initial contact with a structure;

"temporary" with respect to a structure, process or action,

means that it is not intended to last indefinitely;

"temporary protective structure" means a structure or device

designed to provide protection to workers, in an excavation,

tunnel or underground shaft, from cave-ins, collapses or

sliding or rolling materials and includes shoring, bracing,

piles, planking or cages;

"temporary supporting structures" means falsework, forms,

fly form deck panels, shoring, braces or cables that are used

to support a structure temporarily or to stabilize materials or

earthworks until they are self-supporting or their instability is

otherwise overcome, and includes a thrustout materials

landing platform;

"total fall distance" means the vertical distance from the

point at which a worker falls to the point where the fall stops

after all personal fall arrest system components have

extended;

"total particulate" means airborne particulate collected and

analyzed using NIOSH Method 0500 (Particulates Not

Otherwise Regulated, Total);

"tower crane" means a crane that

(

a) is designed to incorporate a power driven drum and

cable, a rope and a vertical mast or a tower and jib,

(

b) is of the travelling, fixed or climbing type, and

(

c) is not used to lift people;

"tower hoist" means a hoist

(

a) with a tower that is an integral part of it or supports it,

(

b) that travels between fixed guides, and

(

c) that is not used to lift people;

"travel restraint system" means a type of fall protection

system, including guardrails or similar barriers, that prevents

a worker from travelling to the edge of a structure or to a

work position from which the worker could fall;

"trench" means a long narrow dug out area of ground that is

deeper than its width at the bottom;

"tunnel" in

Part 36 means an underground passage with an

incline of less than 45 degrees from the horizontal;

"UIAA" means the Union Internationale des Associations

d'Alpinisme;

"ULC" means the Underwriters' Laboratories of Canada;

"underground coal mine electrical superintendent" means a

worker who holds a valid underground coal mine electrical

superintendent's certificate issued under the Occupational

Health and Safety Regulation;

"underground coal mine foreman" means a worker who holds

a valid underground coal mine foreman's certificate issued

under the Occupational Health and Safety Regulation;

"underground coal mine manager" means a worker who

holds a valid underground coal mine manager's certificate

issued under the Occupational Health and Safety Regulation;

"underground mine" means a mine other than a surface mine;

"underground mine blaster" means a worker who holds a

valid underground mine blaster's certificate issued under the

Occupational Health and Safety Regulation;

"underground shaft" means an underground passage with an

incline of 45 degrees or more from the horizontal, including a

drilled or bored pile or caisson, that is used primarily for the

transportation of workers or materials;

"underground shaft hoist" means a hoist used in an

underground shaft to gain entry to and exit from a tunnel or

underground space, and includes a device for conveying

mine material;

"utility employee" in

Part 40 means a worker engaged in the

work of an electric utility, industrial power producer or rural

electrification association;

"vehicle" means a device in, on or by which a person or thing

may be transported or drawn, and includes a combination of

vehicles;

"ventilation stopping" in

Part 36 means a structure that

directs air flow or separates intake and return air systems;

"welding or allied process" in

Part 10 means any specific

type of electric or oxy-fuel gas welding or cutting process,

including those processes referred to in Appendix A of CSA

Standard W117.2-06, Safety in Welding, Cutting and Allied

Processes;

"work area" means a place at a work site where a worker is,

or may be, during work or during a work break;

"work positioning system" means a system of components

attached to a vertical safety line and including a full body

harness, descent controllers and positioning lanyards used to

support or suspend a worker in tension at a work position;

"working face" means the surface from which mineable

material, overburden or waste material is being removed;

"workings" means the area where excavation is occurring in

a mine.

Section 2 is repealed.

Section 2.1 is repealed.

Section 7(5) is repealed.

Section 8(2) is repealed.

Section 11 is repealed.

Section 20(1) is amended by adding "or" at the end of

clause (f), by striking out "or" at the end of clause (

g) and by

repealing clause (h).

Section 22(3) is repealed and the following is

substituted:

22(3) As soon as reasonably practicable, an employer must inform

the joint work site health and safety committee or health and safety

representative, if there is one, in writing, that a worker has been

exposed to more than the occupational exposure limit of a substance,

and of the steps taken to control the overexposure.

Section 65(2)(

c) is repealed and the following is

substituted:

(

c) if ownership of a lifting device is transferred, the log book is

transferred with the equipment.

Section 139 is amended

(

a) by repealing subsection (1) and substituting the

following:

General protection

139(1) An employer and a supervisor, or a self-employed

person, must ensure that a worker is protected from falling if a

worker may fall,

(

a) at a temporary or permanent work area, a vertical

distance of 3 metres or more,

(

b) at a temporary or permanent work area, a vertical

distance of less than 3 metres if there is an unusual

possibility of injury,

(

c) at a temporary or permanent work area, into or onto a

hazardous substance or object, or through an opening in

a work surface, or

(

d) at a permanent work area, a vertical distance of more

than 1.2 metres and less than 3 metres.

(

b) by repealing subsection (3) and substituting the

following:

139(3) Subject to subsection (5), an employer or a self-

employed person must install a guardrail.

(

c) by repealing subsection (4);

(

d) in subsection (5)

(

i) by striking out "Despite subsections (3) and (4)" and

substituting "Subject to subsection (6)";

(ii) by adding "and a supervisor, or a self-employed

person," after "employer";

(

e) in subsection (6)

(

i) by striking out "Despite subsection (5)" and

substituting "Subject to subsection (7)";

(ii) by adding "and a supervisor, or a self-employed

person," after "employer";

(

f) in subsection (7)

(

i) by striking out "Despite subsection (6), if" and

substituting "If";

(ii) by adding "and a supervisor, or a self-employed

person," after "employer";

(iii) by striking out "that meets the requirement of this

Part";

(

g) by repealing subsection (8) and substituting the

following:

139(8) A worker must use a fall protection system as required

by this section.

Section 177 is amended by striking out "the Director"

wherever it occurs and substituting "a Director".

Section 178 is amended

(

a) in subsection (1) by striking out "the Director" and

substituting "a Director";

(

b) in subsection (3) by striking out "section 34" and

substituting "section 55".

Section 181 is amended by striking out "EMT-P"

wherever it occurs and substituting "ACP".

Section 184(2) is amended by striking out "section 8" and

substituting "section 51".

Part 13 is repealed and the following is substituted:

Part 13

Joint Work Site Health and Safety Committees

and Health and Safety Representatives

Application of this

Part

196 This Part applies to a work site that is required to have a joint

work site health and safety committee under

section 16 of the Act or

a health and safety representative under

section 17 of the Act.

Terms of reference

197 Each joint work site health and safety committee must

establish terms of reference

(

a) that ensure, to the extent practicable and subject to

section

22(1) of the Act, that the committee's membership provides

appropriate representation of all relevant occupational health

and safety concerns at the work sites that the committee

relates to,

(

b) that establish a process for replacing a member of the

committee during the member's term of office,

(

c) that establish a dispute resolution process to be used in cases

where the committee has failed to reach consensus about

making a recommendation under

section 19(

f) of the Act, and

(

d) that establish a process for coordinating with other joint work

site health and safety committees established by the same

employer or prime contractor, if there is one.

Additional duties of a joint work site

health and safety committee

198 A joint work site health and safety committee must inspect

each work site at least once before each quarterly meeting required

section 27(1) of the Act, to identify health and safety hazards that

have not been controlled.

Disclosure of personal information

199 A joint work site health and safety committee, its individual

members, or a health and safety representative, must not disclose a

worker's personal health information or the personal information of

an identifiable individual unless the disclosure is required by law.

Duties of employers, contractors and prime contractors

200(1) The employer, contractor and prime contractor, if there is

one, must

(

a) consult and cooperate with all joint work site health and

safety committees and all health and safety representatives

for their work sites to develop policies, procedures and codes

of practice required by the Act, regulations and this Code,

(

b) provide members of all joint work site health and safety

committees and all health and safety representatives for their

work sites with reasonable opportunity to inform workers on

matters affecting occupational health and safety,

(

c) ensure that members of all joint work site health and safety

committees and all health and safety representatives for their

work sites are allowed to examine records, policies, plans,

procedures, codes of practice, reports or manufacturer

specifications that must be maintained under the Act,

regulations and this Code, and

(

d) distribute to all joint work site health and safety committees

and all health and safety representatives for their work sites

any information or documents addressed to the committee or

representative as soon as reasonably practicable after the

information or document is received by the employer,

contractor or prime contractor, if there is one.

200(2) Subsection (1)(

d) does not apply to a report referred to in

section 36 of the Act.

Training standards

201 For the purposes of providing training to co-chairs and

members of a joint work site health and safety committee and to

health and safety representatives under

section 29(1) and (2) of the

Act, the employer or prime contractor, if there is one, must use an

organization designated by the Minister under

section 83 of the Act

to provide the required training.

Inspection of work site with officer

202(1) An officer conducting an inspection at a work site shall,

where feasible, request the co-chair who represents the workers on

the joint work site health and safety committee, or the co-chair's

designate, or a health and safety representative, as applicable, to be

present at the inspection.

202(2) Where, under subsection (1), an officer requests the co-chair

who represents the workers on the joint work site health and safety

committee, or the co-chair's designate, or a health and safety

representative to be present at an inspection, the employer must

provide that person with time away to attend the inspection.

Section 215.1(1) is repealed.

Section 219(3) is amended by adding "or" at the end of

clause (b), by striking out "or" at the end of clause (

c) and

by repealing clause (d).

Section 250(1) is repealed and the following is

substituted:

Effective facial seal

250(1) An employer must ensure that respiratory protective

equipment that depends on an effective facial seal for its safe use is

correctly fit tested and tested in accordance with CSA Standard

Z94.4-02, Selection, Use and Care of Respirators.

Section 324(1) is amended by striking out "service" and

substituting "surface".

Section 347(9) is repealed.

Part 27 is repealed and the following is substituted:

Part 27

Violence and Harassment

Hazard assessment

389 Violence and harassment are considered hazards for the

purposes of

Part 2.

Violence prevention plan

390(1) An employer must develop and implement a violence

prevention plan that includes a violence prevention policy and

violence prevention procedures.

390(2) The employer must develop and implement the violence

prevention plan in consultation with

(

a) the joint work site health and safety committee or the health

and safety representative, if the employer is required to

establish a committee or designate a representative, or

(

b) affected workers, if the employer is not required to establish

a committee or designate a representative.

Violence prevention policy

390.1 An employer must ensure that a violence prevention policy

under

section 390(1) includes the following:

(

a) a statement that the employer is committed to eliminating or,

if that is not reasonably practicable, controlling the hazard of

violence;

(

b) a statement that the employer will investigate any incidents

of violence and take corrective action to address the

incidents;

(

c) a statement that the employer will not disclose the

circumstances related to an incident of violence or the names

of the complainant, the person alleged to have committed the

violence, and any witnesses, except

(

i) where necessary to investigate the incident or to take

corrective action, or to inform the parties involved in

the incident of the results of the investigation and any

corrective action to be taken to address the incident,

(ii) where necessary to inform workers of a specific or

general threat of violence or potential violence, or

(iii) as required by law;

(

d) a statement that the employer will disclose only the minimum

amount of personal information under clause (c)(ii) that is

necessary to inform workers of a specific or general threat of

violence or potential violence;

(

e) a statement that the violence prevention policy is not

intended to discourage a worker from exercising the worker's

rights pursuant to any other law.

Violence prevention procedures

390.2 An employer must ensure that the violence prevention

procedures under

section 390(1) include the following:

(

a) the measures the employer will take to eliminate or, if that is

not reasonably practicable, control the hazard of violence to

workers;

(

b) information about the nature and extent of the hazard of

violence, including information related to specific or general

threats of violence or potential violence;

(

c) the procedure to be followed by the employer when

disclosing the information in clause (b), which must be in

compliance with

section 390.1(

c) and (d);

(

d) the procedure to be followed by a worker to obtain

immediate assistance when an incident of violence occurs;

(

e) the procedure to be followed by a worker when reporting

violence;

(

f) the procedure to be followed by the employer when

(

i) documenting and investigating an incident of violence,

and

(ii) implementing any measures to eliminate or control the

hazard of violence that have been identified as a result

of the investigation;

(

g) the procedure to be followed by the employer when

informing the parties involved in an incident of violence of

(

i) the results of an investigation of the incident, and

(ii) any corrective action to be taken to address the incident.

Domestic violence

390.3 When an employer is aware that a worker is or is likely to be

exposed to domestic violence at a work site, the employer must take

reasonable precautions to protect the worker and any other persons at

the work site likely to be affected.

Harassment prevention plan

390.4(1) An employer must develop and implement a harassment

prevention plan that includes a harassment prevention policy and

harassment prevention procedures.

390.4(2) The employer must develop and implement the

harassment prevention plan in consultation with

(

a) the joint work site health and safety committee or the health

and safety representative, if the employer is required to

establish a committee or designate a representative, or

(

b) affected workers, if the employer is not required to establish

a committee or designate a representative.

Harassment prevention policy

390.5 An employer must ensure that a harassment prevention

policy under

section 390.4(1) includes the following:

(

a) a statement that the employer is committed to eliminating or,

if that is not reasonably practicable, controlling the hazard of

harassment;

(

b) a statement that the employer will investigate any incidents

of harassment and take corrective action to address the

incidents;

(

c) a statement that the employer will not disclose the

circumstances related to an incident of harassment or the

names of the complainant, the person alleged to have

committed the harassment, and any witnesses, except

(

i) where necessary to investigate the incident or to take

corrective action, or to inform the parties involved in

the incident of the results of the investigation and any

corrective action to be taken to address the incident, or

(ii) as required by law;

(

d) a statement that the harassment prevention policy is not

intended to discourage a worker from exercising rights

pursuant to any other law, including the Alberta Human

Rights Act.

Harassment prevention procedures

390.6 An employer must ensure that the harassment prevention

procedures under

section 390.4(1) include the following:

(

a) the procedure to be followed by a worker when reporting

harassment;

(

b) the procedure to be followed by the employer when

documenting, investigating and preventing harassment;

(

c) the procedure to be followed by the employer when

informing the parties involved in an incident of harassment

(

i) the results of an investigation of the incident, and

(ii) any corrective action to be taken to address the incident.

Review of plans

390.7(1) An employer must review the violence prevention plan

and the harassment prevention plan, and revise the plans, if

necessary.

390.7(2) The employer must carry out the review required by

subsection (1) in consultation with

(

a) the joint work site health and safety committee or the health

and safety representative, if the employer is required to

establish a committee or designate a representative, or

(

b) affected workers, if the employer is not required to establish

a committee or designate a representative.

390.7(3) With respect to the violence prevention plan, the review

required by subsection (1) must take place on the earliest of the

following:

(

a) when an incident of violence occurs;

(

b) if the joint work site health and safety committee or the

health and safety representative, if applicable, recommends a

review of the plan;

(

c) every 3 years.

390.7(4) With respect to the harassment prevention plan, the

review required by subsection (1) must take place on the earliest of

the following:

(

a) when an incident of harassment occurs;

(

b) if the joint work site health and safety committee or the

health and safety representative, if applicable, recommends a

review of the plan;

(

c) every 3 years.

Training of workers

391 An employer must ensure that workers are trained in

(

a) the recognition of violence and harassment,

(

b) the policies, procedures and workplace arrangements that the

employer has developed and implemented to eliminate or

control the hazards of violence and harassment,

(

c) the appropriate response to violence and harassment,

including procedures for obtaining assistance, and

(

d) the procedures for reporting, investigating and documenting

incidents of violence and harassment.

Investigation and reporting of incidents

391.1 Sections 40(5)(

b) to (d), (7) and (8) and 53 of the Act apply

to incidents of violence or harassment.

Treatment or referral

391.2 An employer must ensure that a worker reporting an injury

or adverse symptom resulting from an incident of violence or

harassment is advised to consult a health professional of the

worker's choice for treatment or referral.

Entitlement to pay

392 When a worker is treated or referred by a physician under

section 391.2 and if the treatment sessions occur during regular work

hours, the employer at the work site where the incident occurred

shall not make a deduction from the worker's pay or benefits for the

time during which a worker attends the session.

Retail fuel and convenience store worker safety application

392.1 Sections 392.2 to 392.6 apply to gas stations, other retail

fuelling outlets and convenience stores where workers are ordinarily

present during business hours.

Additional requirements for violence prevention plan

392.2 An employer must ensure that the violence prevention plan

contains the following procedures, policies and control measures, in

addition to those required under sections 390, 390.1 and 390.2:

(

a) safe cash-handling procedures, including procedures that

minimize the amount of money readily accessible to a worker

at the work site;

(

b) where the work site is open to the public between the hours

of 11:00 p.m. and 5:00 a.m.,

(

i) a time lock safe at the work site that cannot be opened

by a worker between, at minimum, those hours;

(ii) limiting the quantities of high-value items, including

cash and lottery tickets, accessible at the work site

between, at minimum, those hours;

(iii) storing remaining high-value items in the time lock safe

referred to in subclause (

i) or securely elsewhere;

(

c) maintaining good visibility into and out of the work site;

(

d) limiting access by the public to the interior of any buildings

at the work site;

(

e) monitoring the work site by video surveillance;

(

f) signs at the work site visible to the public indicating that

(

i) where the work site is open to the public between the

hours of 11:00 p.m. and 5:00 a.m.,

(

A) the safe at the work site is a time lock safe that

cannot be opened;

(

B) the quantity of high-value items such as cash and

lottery tickets at the work site is limited;

(ii) the work site is monitored by video surveillance;

(

g) each worker working alone is provided with a personal

emergency transmitter that is monitored by the employer or

the employer's designate.

Additional training required

392.3 In addition to any training under

section 391, the employer

must ensure that a worker is trained in the violence prevention plan

requirements listed in

section 392.2.

Review of violence prevention plan and worker training

392.4 The employer must ensure that the violence prevention plan

requirements under

section 392.2 and corresponding worker training

under

section 392.3 are reviewed and, if necessary, revised every 3

years, and whenever there is a change of circumstances that may

affect the health and safety of workers.

Personal emergency transmitter

392.5 A worker working alone must at all times during the

worker's work shift wear the personal emergency transmitter

referred to in

section 392.2(g).

Mandatory fuel prepayment

392.6(1) An employer must require that customers prepay for fuel

sold at gas stations and other retail fuelling outlets.

392.6(2) In addition to the requirement in subsection (1), an

employer may implement procedures or use equipment as approved

by a Director for payment for or sale of fuel, or the dispensing of

fuel, to ensure worker safety.

Part 29 is repealed and the following is substituted:

Part 29

Workplace Hazardous Materials

Information System (WHMIS)

Definitions

394.1 In this Part,

"bulk shipment" means a shipment of a hazardous product

contained in any of the following without intermediate

containment or intermediate packaging:

(

a) a vessel with a water capacity equal to or greater than

450 litres;

(

b) a freight container, road vehicle, railway vehicle or

portable tank;

(

c) the hold of a ship;

(

d) a pipeline;

"CAS Registry Number" means the identification number

assigned to a chemical by the Chemical Abstracts Service

division of the American Chemical Society;

"claim for disclosure exemption" means a claim filed under

section 408;

"container" means a bag, barrel, bottle, box, can, cylinder,

drum or similar package or receptacle, but does not include a

storage tank;

"fugitive emission" means a substance that leaks or escapes

from process equipment, a container, emission control

equipment or a product;

"hazard class" means a hazard class listed in

Schedule 2 of

the Hazardous Products Act (Canada);

"hazard information" means information on the correct and

safe use, storage, handling and manufacture of a hazardous

product, including information relating to its health and

physical hazards;

"hazardous product" means any product, mixture, material or

substance classified in accordance with the regulations made

under subsection 15(1) of the Hazardous Products Act

(Canada) in a category or subcategory of a hazard class listed

in

Schedule 2 of that Act;

"hazardous waste" means a hazardous product that is

intended for disposal, or is acquired or generated for

recycling or recovery;

"label" means a group of written, printed or graphic

information elements that relate to a hazardous product

which group is designed to be affixed to, printed on or

attached to the hazardous product or the container in which

the hazardous product is packaged;

"laboratory sample" means a sample of a hazardous product

that is packaged in a container that contains less than 10 kg

of the hazardous product and is intended solely to be tested in

a laboratory, but does not include a sample that is to be used

(

a) by the laboratory for testing other products, mixtures,

materials or substances, or

(

b) for educational or demonstration purposes;

"manufactured article" means any

article that is formed to a

specific shape or design during manufacture, the intended use

of which when in that form is dependent in whole or in part

on its shape or design, and that, when being installed, if the

intended use of the

article requires it to be installed, and

under normal conditions of use, will not release or otherwise

cause an individual to be exposed to a hazardous product;

"mixture" means a combination of, or a solution that is

composed of, two or more ingredients that, when they are

combined, do not react with each other, but excludes any

such combination or solution that is a substance;

"product identifier" with respect to a hazardous product,

means the brand name, chemical name, common name,

generic name or trade name;

"safety data sheet" means a document that contains

information about a hazardous product, including

information related to the hazards associated with any use,

handling or storage of the hazardous product at a work site,

in accordance with the regulations made under subsection

15(1) of the Hazardous Products Act (Canada);

"significant new data" means new data regarding the hazard

presented by a hazardous product that

(

a) change its classification in a category or subcategory of

a hazard class,

(

b) result in its classification in another hazard class, or

(

c) change the ways to protect against the hazard presented

by the hazardous product;

"substance" means any chemical element or chemical

compound, that is in its natural state or that is obtained by a

production process, whether alone or together with

(

a) any additive that is necessary to preserve the stability of

the chemical element or chemical compound,

(

b) any solvent that is necessary to preserve the stability or

composition of the chemical element or chemical

compound, or

(

c) any impurity that is derived from the production

process;

"supplier" means a person who, in the course of business,

imports or sells a hazardous product;

"supplier label" means the label provided by the supplier of a

hazardous product that meets the requirements set out in the

regulations made under subsection 15(1) of the Hazardous

Products Act (Canada);

"work site label" with respect to a hazardous product means a

label that contains

(

a) a product identifier that is identical to that found on the

safety data sheet for the hazardous product,

(

b) information for the safe handling of the hazardous

product, and

(

c) reference to the safety data sheet for the hazardous

product.

Application

395(1) Subject to subsections (3), (4) and (5), this Part applies to

hazardous products at a work site.

395(2) An employer must ensure that a hazardous product is used,

stored, handled or manufactured at a work site in accordance with this

Part.

395(3) This Part does not apply if the hazardous product is

(

a) wood or a product made of wood,

(

b) tobacco or a tobacco product governed by the Tobacco Act

(Canada),

(

c) a hazardous waste, or

(

d) a manufactured article.

395(4) Except for

section 407, this Part does not apply if the

hazardous product is a dangerous good, under the Dangerous Goods

Transportation and Handling Act, to the extent that its handling,

offering for transport or transport is subject to that Act.

395(5) Sections 398, 403, 404, 405, 406, 407 and 408 do not apply if

the hazardous product is

(

a) an explosive governed by the Explosives Act (Canada),

(

b) a cosmetic, device, drug or food governed by the Food and

Drugs Act (Canada),

(

c) a product governed by the Pest Control Products Act

(Canada),

(

d) a nuclear substance that is radioactive governed by the

Nuclear Safety and Control Act (Canada), or

(

e) a product, material or substance packaged as a consumer

product as defined in

section 2 of the Canada Consumer

Product Safety Act (Canada).

Hazardous waste

396 If a hazardous product is a hazardous waste generated at the

work site, an employer must ensure that it is stored and handled safely

using a combination of

(

a) an appropriate means of identification, and

(

b) instruction of workers on the safe handling of the hazardous

waste.

Training

397(1) An employer must ensure that a worker who works with or

near a hazardous product or performs work involving the manufacture

of a hazardous product is trained in

(

a) the content required to be on a supplier label and a work site

label and the purpose and significance of the information on

the label,

(

b) the content required to be on a safety data sheet and the

purpose and significance of the information on the safety

data sheet,

(

c) procedures for safely storing, using and handling the

hazardous product,

(

d) if applicable, the procedures for safely manufacturing the

hazardous product,

(

e) if applicable, the methods of identification referred to in

section 402,

(

f) the procedures to be followed if there are fugitive emissions,

and

(

g) the procedures to be followed in case of an emergency

involving the hazardous product.

397(2) An employer must develop and implement the procedures

referred to in subsection (1) in consultation with the joint work site

health and safety committee or health and safety representative, if there

is one.

Label required

398(1) Subject to subsection (5), an employer must ensure that a

hazardous product or its container at a work site has a supplier label or

a work site label on it.

398(2) Subject to any labelling exemptions in the Hazardous

Products Regulations (Canada), an employer must not remove, modify

or alter a supplier label on a container in which a hazardous product is

received from a supplier if any amount of the hazardous product

remains in the container.

398(3) If significant new data is provided to the employer from the

supplier regarding the label content, the employer must update the

supplier label or work site label as soon as this information is received.

398(4) Subject to any labelling exemptions in the Hazardous

Products Regulations (Canada), if the supplier label on a hazardous

product or its container is illegible or is removed or detached, an

employer must immediately replace the label with another supplier

label or a work site label.

398(5) An employer may store a hazardous product that does not

have a supplier label or a work site label on it for not more than 120

days if the employer

(

a) is actively seeking the supplier label or the information

required for a work site label,

(

b) posts a placard that complies with

section 401, and

(

c) ensures that a worker who works with or in proximity to the

stored hazardous product

(

i) knows the purpose of the placard and the significance of

the information on it,

(ii) is trained in the procedures to be followed if there are

fugitive emissions, and

(iii) is trained in the procedures to be followed in case of an

emergency involving the hazardous product.

398(6) If a hazardous product is imported and received at a work site

without a supplier label, the employer must apply a work site label.

398(7) An employer who receives an unpackaged hazardous product

or a hazardous product transported as a bulk shipment must apply a

label containing the information required on a supplier label or a work

site label to the container of the hazardous product or to the hazardous

product at the work site.

Production or manufacture

399 If an employer produces or manufactures a hazardous product

for use at a work site, the employer must ensure that the hazardous

product or its container has, at a minimum, a work site label on it.

Decanted products

400(1) If a hazardous product is decanted at a work site into a

container other than the container in which it was received from a

supplier, the employer must ensure that a work site label is applied to

the container.

400(2) Subsection (1) does not apply to a portable container that is

filled directly from a container that has a supplier label or a work site

label if all of the hazardous product is required for immediate use and

the hazardous product is

(

a) under the control of and used exclusively by the worker who

filled the portable container,

(

b) used only during the shift during which the portable

container is filled, and

(

c) the contents of the portable container are clearly identified on

the container.

Placards

401(1) Sections 398, 399 and 400 do not apply if an employer posts a

placard respecting a hazardous product that

(

a) is not in a container,

(

b) is in a container or in a form intended for export from

Canada, or

(

c) is in a container that

(

i) is intended to contain the hazardous product for sale or

other disposition, and

(ii) is labelled, or is about to be labelled, in an appropriate

manner having regard to the intended disposition.

401(2) A placard referred to in subsection (1) must

(

a) have the information required to be on a work site label

printed large enough to be read by workers,

(

b) be big enough to be conspicuous, and

(

c) be located in a conspicuous place at the work area where the

hazardous product is stored.

Transfer of hazardous products

402 Sections 398, 399 and 400 do not apply to a hazardous product

at a work site if

(

a) the hazardous product is contained or transferred in

(

i) a piping system that includes valves,

(ii) a reaction vessel, or

(iii) a tank car, tank truck, ore car, conveyor belt or similar

conveyance,

and

(

b) the employer identifies the hazardous product by using

colour coding, labels, placards or some other means of

effective identification.

Laboratory samples

403(1)

Section 398 does not apply to a hazardous product in a

laboratory sample if

(

a) the hazardous product is the subject of an exemption under

subsection 5(4), 5(5) or 5(6) of the Hazardous Products

Regulations (Canada), and

(

b) the container of the laboratory sample is labelled with the

information listed in subsection (2)(

a) to (

c) of this

section in

place of the information required by paragraph 3(1)(

c) or

3(1)(

d) of the Hazardous Products Regulations (Canada).

403(2) With respect to laboratory samples that are the subject of an

exemption under subsection 5(4), 5(5) or 5(6) of the Hazardous

Products Regulations (Canada), an employer must ensure that when

such a laboratory sample is brought into the laboratory, it is packaged

in a container that has a label with the following information printed

on it:

(

a) the chemical name or generic chemical name of any material

or substance in the hazardous product that is classified in a

category or subcategory of a health hazard class and is

present above the relevant concentration limit or is present at

a concentration that results or would result in the mixture

being classified in a category or subcategory of any health

hazard class, if the health hazard class is known to the

supplier or the employer;

(

b) the emergency telephone number that will enable the caller to

obtain hazard information on the hazardous product;

(

c) the statement "Hazardous Laboratory Sample. For hazard

information or in an emergency call", followed by the

emergency telephone number referred to in clause (b).

403(3) Where a hazardous product is in a container other than the

container in which it was received from the supplier or the hazardous

product is manufactured and used in a laboratory, the employer is

exempt from

section 400 if

(

a) the hazardous product

(

i) is a laboratory sample,

(ii) is intended solely for the use of analysis, testing or

evaluation in a laboratory, and

(iii) is clearly identified,

and

(

b) the provisions of

section 397 are complied with.

403(4) Where a hazardous product is produced at a work site and is in

a container for the sole purpose of use, analysis, testing or evaluation

in a laboratory, the employer is exempt from

section 400 if

(

a) the hazardous product

(

i) is not removed from the laboratory, and

(ii) is clearly identified,

and

(

b) the provisions of

section 397 are complied with.

Safety data sheet - supplier

404(1) An employer who acquires a hazardous product for use at a

work site must obtain a supplier safety data sheet for that hazardous

product unless the supplier is exempted from the requirement to

provide a safety data sheet by the Hazardous Products Regulations

(Canada).

404(2) An employer may store a hazardous product for which there is

no supplier safety data sheet for not more than 120 days if the

employer is actively seeking the supplier safety data sheet.

Safety data sheet - employer

405(1) An employer must prepare a safety data sheet for a hazardous

product produced or manufactured at a work site.

405(2) Subsection (1) does not apply to a fugitive emission or an

intermediate product undergoing reaction within a reaction vessel.

405(3) An employer may provide a safety data sheet in a format

different from the supplier safety data sheet or containing additional

hazard information if

(

a) the supplier safety data sheet is available at the work site, and

(

b) the safety data sheet, subject to

section 408,

(

i) includes the information required for a supplier safety

data sheet, and

(ii) states that the supplier safety data sheet is available at

the work site.

Information current

406(1) The employer must ensure that the safety data sheet for a

hazardous product received at the time of purchase from the supplier is

the most current version.

406(2) If significant new data are provided to the employer from the

supplier regarding the safety data sheet content, the employer must

update the safety data sheet referred to in subsection (1)

(

a) as soon as reasonably practicable, and, in any case,

(

b) not more than 90 days after significant new data are provided

to the employer.

Availability of safety data sheet

407 An employer must ensure that the safety data sheet required by

this

Part is readily available at a work site to workers who may be

exposed to a hazardous product and to the joint work site health and

safety committee or health and safety representative, if there is one.

Claim for disclosure exemption

408 An employer may file a claim in accordance with the Hazardous

Materials Information Review Act (Canada) that the following

information is confidential business information and is exempt from

disclosure on a label or a safety data sheet required under this Part:

(

a) in the case of a material or substance that is a hazardous

product,

(

i) the chemical name of the material or substance,

(ii) the CAS registry number, or any other unique identifier,

of the material or substance, and

(iii) the chemical name of any impurity, stabilizing solvent

or stabilizing additive that is present in the material or

substance, that is classified in a category or subcategory

of a health hazard class under the Hazardous Products

Act (Canada) and that contributes to the classification of

the material or substance in the health hazard class

under that Act;

(

b) in the case of an ingredient that is in a mixture that is a

hazardous product,

(

i) the chemical name of the ingredient,

(ii) the CAS registry number, or any other unique identifier,

of the ingredient, and

(iii) the concentration or concentration range of the

ingredient;

(

c) in the case of a material, substance or mixture that is a

hazardous product, the name of any toxicological study that

identifies the material or substance or any ingredient in the

mixture;

(

d) the product identifier of a hazardous product, being its

chemical name, common name, generic name, trade name or

brand name;

(

e) information about a hazardous product, other than the

product identifier, that constitutes a means of identification;

(

f) information that could be used to identify a supplier of a

hazardous product.

Interim non-disclosure

409(1) Subject to subsection (2), an employer who claims an

exemption referred to in

section 408 in accordance with the Hazardous

Materials Information Review Act (Canada) may

(

a) delete the information that is the subject of the claim for

exemption from the safety data sheet for the hazardous

product, and

(

b) remove a supplier label and replace it with a work site label

that complies with this Part.

409(2) An employer may delete the confidential business information

in respect of which a claim has been made under

section 408 from the

safety data sheet from the date the employer files the claim for

exemption until the final disposition by Health Canada of the

proceedings in relation to the claim, if the employer discloses on the

safety data sheet and, where applicable, on the label of the product or

its container

(

a) a statement that the claim for exemption was filed,

(

b) the date on which the claim was filed, and

(

c) the registry number assigned to the claim for exemption

under the Hazardous Materials Information Review Act

(Canada).

409(3) An exemption is valid for 3 years after the date of

determination by Health Canada that the information is confidential

business information.

Exemption from disclosure

410(1) If an employer is notified that a claim for exemption under

section 408 is valid, the employer may, subject to subsection (2),

(

a) remove the supplier label and replace it with a work site label

that complies with this Part, and

(

b) delete the confidential business information from the safety

data sheet for the hazardous product.

410(2) An employer may delete confidential business information

from a hazardous product's safety data sheet label if the employer

includes on its safety data sheet and, if applicable, on its label or the

container in which it is packaged,

(

a) a statement that an exemption from disclosure has been

granted,

(

b) the date of the decision by Health Canada granting the

exemption, and

(

c) the registry number assigned to the claim for exemption

under the Hazardous Materials Information Review Act

(Canada).

410(3) The information referred to in subsection (2) must be included

for a period of 3 years beginning not more than 30 days after the final

disposition of the claim for exemption.

Duty to disclose information

411(1) An employer who manufactures a hazardous product must

give, as quickly as possible under the circumstances, the source of

toxicological data used in preparing a safety data sheet on request to

(

a) an officer,

(

b) the joint work site health and safety committee or health and

safety representative, or

(

c) if there is no joint work site health and safety committee or

health and safety representative, a representative of

concerned workers at the work site.

411(2) The Hazardous Materials Information Review Act (Canada)

applies to the disclosure of information under subsection (1).

Information - confidential

412(1) If an officer or other official working under the authority of

the Hazardous Products Act (Canada) obtains information under

paragraph 46(2)(

e) of the Hazardous Materials Information Review

Act (Canada), the officer or other official

(

a) must keep the information confidential, and

(

b) must not disclose it to any person except in accordance with

this Part and for the purposes of the administration or

enforcement of the Hazardous Products Act (Canada) or the

Act.

412(2) A person to whom information is disclosed under subsection

(1)(b)

(

a) must keep the information confidential, and

(

b) must not disclose it to any person except in accordance with

this Part and for the purposes of the administration or

enforcement of the Hazardous Products Act (Canada) or the

Act.

Information to medical professional

413(1) An employer must give information that the employer has,

including confidential business information exempted from disclosure

under this Part, to a medical professional for the purpose of making a

medical diagnosis or treating a worker in an emergency.

413(2) A person to whom confidential business information is given

under subsection (1) must not give the information to another person

except for the purpose of treating a worker in an emergency.

413(3) A person to whom confidential business information is given

under subsection (2) must keep the information confidential.

Limits on disclosure

414(1) A person must not use or disclose confidential business

information exempted from disclosure under this Part except in

accordance with sections 412 and 413.

414(2) Subsection (1) does not apply to a person who makes a claim

for exemption or to a person acting with that person's consent.

Section 447 is amended

(

a) by repealing subsection (1) and substituting the

following:

Locating buried or concrete-embedded facilities

447(1) For the purposes of sections 447(1.1) and 448, an

owner means an owner or the owner's designate of a pipeline

that is within 30 metres of the work site or any other buried or

concrete embedded facility that may be affected by the ground

disturbance or removal of existing concrete.

447(1.1) Before the ground is disturbed or existing concrete is

removed at a work site, an employer must

(

a) contact the owner,

(

b) advise the owner of the proposed activities,

(

c) ask the owner to identify and mark the location of the

buried or concrete-embedded facility, and

(

d) not begin disturbing the ground or removing the

existing concrete until buried or concrete-embedded

facilities have been identified and their locations

marked.

(

b) in subsection (4) by striking out "subsection (1)" and

substituting "subsection (1.1)".

Section 469 is amended by striking out "section 18(1)"

and substituting "section 40(1)".

Section 493 is repealed and the following is

substituted:

Detonation within 30 days

493 An employer must ensure that workers detonate all loaded drill

holes or bore holes within 30 calendar days of the date they are

loaded unless an extension of that period is approved by a Director

of Inspection.

Section 537(2) is repealed.

Section 545(1) is repealed and the following is

substituted:

Emergency response station

545(1) An employer must establish, maintain and operate an

emergency response station and provide facilities for conducting

rescue operations and other emergency work at a mine.

Section 548(7) is repealed and the following is

substituted:

548(7) Despite subsections (5) and (6), a vehicle that uses an

automatic fire suppression system and associated automatic engine

shutdown may be approved by the Director if the mine uses a

continuous fire detection and gas monitoring system.

Section 559(4) is repealed.

Section 561(2) is repealed and the following is

substituted:

561(2) An employer must ensure that a system referred to in

subsection (1)(

a) or (

c) is not energized unless approved by the

Director.

Section 567(

b) is repealed and the following is

substituted:

(

b) has at the overhead line end a separate means of

disconnection located on a power pole,

Section 573(1) and (2) are repealed and the following is

substituted:

Approval

573(1) An employer must not use a rubber-tired, self-propelled

machine with a GVW of more than 32 000 kilograms at a mine site,

other than a machine approved under the Traffic Safety Act, unless it,

or a representative unit, is approved by the Director for use in

Alberta.

573(2) Despite subsection (1),

(

a) the Director may request that any rubber-tired, self-propelled

machine at a mine site be tested and approved for use, and

(

b) all rubber-tired, self-propelled machines must meet the

applicable requirements of sections 577 through 596.

Section 574(2) is repealed.

Section 595(2) is repealed.

Section 597 is repealed and the following is

substituted:

Diesel powered machine

597(1) An employer must ensure that a diesel powered machine

used in an underground coal mine meets the requirements of CSA

Standard CAN/CSAM424.1- 88 (R2007), Flameproof

Non-Rail-Bound, Diesel-Powered Machines for Use in Gassy

Underground Coal Mines.

597(2) An employer must ensure that a diesel powered machine

used in an underground mine, other than a coal mine, meets the

requirements of CSA Standard CAN/CSA-M424.2-M90 (R2007),

Non-Rail-Bound Diesel-Powered Machines for Use in Non-Gassy

Underground Mines.

Section 598 is repealed and the following is

substituted:

Fire resistance

598 An employer must ensure that, in a hazardous location,

(

a) all conveyor belting meets the requirements of CSA Standard

CAN/CSA M422 M87 (R2007), Fire Performance and

Anti-static Requirements for Conveyor Belting, and

(

b) the conveyor belt system is fitted with a fire suppression

system approved by the Director.

Section 644(1) is repealed and the following is

substituted:

Signs

644(1) An employer must ensure that the blast area is clearly

identified by posted signs or flagging.

Section 659(1) and (2) are repealed and the following is

substituted:

Permitted explosives

659(1) An employer must ensure that a worker in an underground

coal mine uses explosives or detonators that are classed as

"permitted explosives" by an accredited laboratory.

659(2) Despite subsection (1), the Director may issue an acceptance

to use explosives that are not classed as "permitted explosives" if

(

a) the proposed blasting is to be performed in solid rock,

(

b) an application is made to the Director using the form in

Schedule 11, Table 3, and

(

c) the employer puts in place safety measures certified by a

professional engineer.

Section 662(2) is repealed.

Section 693(1)(

b) is repealed and the following is

substituted:

(

b) direct all workers who enter a mine, or such number of

workers as may be selected by the employer, to be searched

to confirm that they are not carrying any prohibited means of

ignition, and

Section 695(6) is repealed and the following is

substituted:

695(6) An employer must ensure that no furnace or device for

heating mine air is installed unless approved by the Director.

Section 716 is amended

(

a) by repealing subsection (1) and substituting the

following:

Seals

716(1) An employer must ensure that worked out or

inaccessible parts of a mine are sealed off.

(

b) by repealing subsection (2) and substituting the

following:

716(2) An employer must ensure that a worked out district

is sealed off within three months after mining stops in the

district.

Section 728(3) is repealed.

Section 737 is amended by adding "or" at the end of

clause (b), by striking out "or" at the end of clause (

c) and

by repealing clause (d).

Section 738(4) is repealed.

Section 743(2) is repealed and the following is

substituted:

743(2) An employer must ensure that the floor, roof and sides

of a roadway that is accessible to workers are treated with

incombustible dust.

Section 744 is repealed and the following is

substituted:

Sampling of settled dust

744 An employer must

(

a) put in place and maintain sampling procedures to ensure the

requirements of

section 743 are met, and

(

b) keep a record of the results at the mine site.

Section 746(2) and (2.1) are repealed.

Section 747(1) and (2) are repealed and the following is

substituted:

Pillars

747(1) The owners or prime contractors, if prime contractors are

designated, of adjoining underground properties must ensure that a

pillar is left in each seam along the boundary line common to the

adjoining properties.

747(2) The owners or prime contractors, if prime contractors are

designated, of adjoining underground properties must ensure that

together the pillars are a sufficient barrier to ensure the safety of

workers in each mine.

Section 748 is repealed and the following is

substituted:

Drill holes

748 An employer must ensure that workers do not mine coal

within 100 metres of a drill hole drilled or being drilled for oil or

gas, unless approved by the Director.

Section 749 is repealed and the following is

substituted:

Water or gas

749 The employer must ensure that the working face is not

advanced to within 50 metres of the surface or to within 100 metres

horizontally of

(

a) a projection onto the working face of a place that is likely to

contain a dangerous accumulation of water or gas,

(

b) inactive workings that have not been examined and found

free from accumulations of water or gas, or

(

c) the seam outcrop or subcrop.

Section 754(1) is repealed and the following is

substituted:

Derricks and masts

754(1) An employer must ensure that, before a derrick or mast is

erected or brought down, a competent worker inspects all of its parts

in accordance with the manufacturer's specifications.

Section 793(1)(

c) is repealed and the following is

substituted:

(

c) the selection, limitation, operation and maintenance of

equipment,

Section 811(

b) is repealed and the following is

substituted:

(

b) worker training, including hazard recognition and the

selection, limitation, operation, inspection and maintenance

of equipment,

Schedule 2 is amended

(

a) in Table 4 by repealing (1)(

i) and substituting the

following:

(

i) under the supervision of an advanced first aider or an

advanced care paramedic,

(

b) in Tables 6 and 7 by striking out "EMT-P" wherever

it occurs and substituting "ACP".

58(1) The Exploration Regulation (AR 284/2006) is amended

by this section.

(2) Section 47(

c) is repealed and the following is

substituted:

(

c) the procedures and precautionary measures to avoid an

explosion that are set forth in the Occupational Health and

Safety Code are carried out.

59(1) The Procedures Regulation (AR 63/2017) is amended

by this section.

(2) Part 17 of the

Schedule is amended by repealing

section

1 and substituting the following:

1 In this Part, "Code" means the Occupational Health and Safety

Code.

60(1) This Regulation, except

section 23, comes into force

on June 1, 2018.

(2) Section 23 comes into force immediately following the

coming into force of

An Act to Protect Gas and

Convenience Store Workers.

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

Alberta Regulation 57/2018

Marketing of Agricultural Products Act

ALBERTA CHICKEN PRODUCERS' PLAN AMENDMENT REGULATON

Filed: May 9, 2018

For information only: Made by the Lieutenant Governor in Council (O.C. 113/2018)

on May 8, 2018 pursuant to

section 23 of the Marketing of Agricultural Products Act.

1 The Alberta Chicken Producers' Plan Regulation

(AR 70/93) is amended by this Regulation.

Section 1 is amended

(

a) in clause (

b) by striking out "licensed producers" and

substituting "authorized producers";

(

b) by repealing clause (b.2) and substituting the

following:

(b.2) "auditor" means a professional accounting firm

registered under the Chartered Professional

Accountants Act and authorized to perform an audit

engagement;

(b.3) "authorized producer" means a person who

(

i) holds a licence authorizing the person to market

chicken, and

(ii) has been allocated authorized quota in accordance

with

Part 1 or

Part 2 of the Alberta Chicken

Producers Marketing Regulation (AR 3/2000);

(

c) by repealing clause (g);

(

d) in clause (

r) by striking out "licensed producers" and

substituting "authorized producers".

Section 8(

e) is amended by striking out "licensed producer"

and substituting "authorized producer".

Section 11 is amended by striking out "licensed producers"

and substituting "authorized producers".

Section 12(1) is amended by striking out "licensed

producers" and substituting "authorized producers".

Section 15 is amended by striking out "licensed producers"

and substituting "authorized producers".

Section 16 is amended by striking out "a licensed producer"

wherever it occurs and substituting "an authorized producer".

Section 17(2) is amended by striking out "A licensed

producer" and substituting "An authorized producer".

Section 18 is amended

(

a) in subsection (1) by striking out "licensed producers"

and substituting "authorized producers";

(

b) in subsection (2) by striking out "A licensed producer"

and substituting "An authorized producer".

Section 19(3)(

b) is amended by striking out "licensed

producers" and substituting "authorized producers".

Section 21 is amended by striking out "licensed producer"

wherever it occurs and substituting "authorized producer".

Section 22 is amended by striking out "licensed producers"

wherever it occurs and substituting "authorized producers".

Section 23 is amended by striking out "a licensed

producer" wherever it occurs and substituting "an authorized

producer".

Section 24 is amended

(

a) in subsection (1)

(

i) by striking out "a licensed producer" and

substituting "an authorized producer";

(ii) by striking out "that licensed producer" and

substituting "that authorized producer";

(

b) in subsection (2)

(

i) by striking out "A licensed producer" and

substituting "An authorized producer";

(ii) by striking out "the licensed producer" and

substituting "the authorized producer";

(iii) by striking out "that licensed producer" and

substituting "that authorized producer";

(

c) in subsection (3) by striking out "a licensed producer"

and substituting "an authorized producer";

(

d) in subsection (4)(

a) by striking out "licensed producer"

and substituting "authorized producer";

(

e) in subsection (5)

(

i) by striking out "a licensed producer" and

substituting "an authorized producer";

(ii) in clause (

a) by striking out "licensed producer's"

and substituting "authorized producer's";

(

f) in subsection (6)

(

i) by striking out "a licensed producer" wherever it

occurs and substituting "an authorized producer";

(ii) by striking out "the licensed producer" wherever it

occurs and substituting "the authorized producer";

(

g) in subsection (8) by striking out "licensed producer"

and substituting "authorized producer";

(

h) in subsection (8.1) by striking out "a licensed

producer" wherever it occurs and substituting "an

authorized producer";

(

i) in subsection (9) by striking out "licensed producer"

and substituting "authorized producer".

Section 25 is amended

(

a) in subsection (1)(

a) by striking out "a licensed

producer" and substituting "an authorized producer";

(

b) in subsection (2)(

a) by striking out "licensed producer"

and substituting "an authorized producer".

Section 26 is amended

(

a) by striking out "A licensed producer" and substituting

"An authorized producer";

(

b) by striking out "the licensed producer" and substituting

"the authorized producer".

Section 27 is amended

(

a) by striking out "A licensed producer" and substituting

"An authorized producer";

(

b) by striking out "the licensed producer" and substituting

"the authorized producer".

Section 28(1) is amended by striking out "licensed

producers" and substituting "authorized producers".

Section 29 is amended by striking out "licensed producers"

wherever it occurs and substituting "authorized producers".

Section 34(1) is amended

(

a) by striking out "a licensed producer" and substituting

"an authorized producer";

(

b) by striking out "the licensed producer" and substituting

"the authorized producer".

Section 34.1 is amended by striking out "May 31, 2017"

and substituting "May 31, 2023".

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

Alberta Regulation 58/2018

Financial Administration Act

INDEMNITY AUTHORIZATION AMENDMENT REGULATION

Filed: May 9, 2018

For information only: Made by the Lieutenant Governor in Council (O.C. 116/2018)

on May 8, 2018 pursuant to

section 71 of the Financial Administration Act.

1 The Indemnity Authorization Regulation (AR 22/97) is

amended by this Regulation.

2 The following is added after the first

section 12:

Justices of the peace indemnity

13(1) In this section, "Minister" means the member of the

Executive Council responsible for the Justice of the Peace Act.

(2) The Minister is authorized on behalf of the Crown, on the terms

and conditions recommended by a Justices of the Peace

Compensation Commission that are binding on the Crown, to

indemnify a justice of the peace against all costs, charges and

expenses, including amounts paid to settle actions or satisfy

judgments, incurred by the justice of the peace in respect of civil,

criminal or administrative actions or proceedings, including any

complaints, charges or inquiries, and whether a party or not, arising

out of his or her conduct as a justice of the peace.

3 The second

section 12 is renumbered as

section 14.

Alberta Regulation 59/2018

Justice of the Peace Act

JUSTICE OF THE PEACE (2013 COMPENSATION COMMISSION

REPORT) AMENDMENT REGULATION

Filed: May 9, 2018

For information only: Made by the Lieutenant Governor in Council (O.C. 118/2018)

on May 8, 2018 pursuant to

section 15 of the Justice of the Peace Act.

1 The Justice of the Peace Regulation (AR 6/99) is

amended by this Regulation.

Section 1 is amended

(

a) by adding the following after clause (a):

(a.001) "administrative justice of the peace" means a full-time

or a part-time justice of the peace to whom a judge or

supernumerary judge of the Provincial Court has

delegated administrative functions under

section 9(2) of

the Act;

(a.002) "Christmas closure days" means the following days,

relative to Christmas in each year, when Alberta

Government offices are closed:

(

i) December 29 and 30, when Christmas Day falls on

a Sunday;

(ii) December 28 and 29, when Christmas Day falls on

a Monday;

(iii) December 27, 28 and 31, when Christmas Day

falls on a Tuesday;

(iv) December 24, 30 and 31, when Christmas Day

falls on a Wednesday;

(

v) December 29, 30 and 31, when Christmas Day

falls on a Thursday, Friday or Saturday;

(

b) in clause (a.01) by adding "and "justice" " before

"means".

Section 6 is amended

(

a) by expressly repealing subsection (1)(

a) to (

e) and

substituting the following:

(

a) for the year April 1, 2013 to March 31, 2014, $144 830;

(

b) for the year April 1, 2014 to March 31, 2015, $148 089;

(

c) for the year April 1, 2015 to March 31, 2016, $150 310;

(

d) for the year April 1, 2016 to March 31, 2017, $151 813.

(

b) in subsection (2)

(

i) in clause (

a) by striking out "effective April 1,

2008,";

(ii) in clause (

b) by adding "sections 8.1, 8.2, 8.3, 8.4,

8.5 and" after "in".

4 The following is added after

section 6:

Administrative justices of the peace

6.1 Commencing April 1, 2013, in addition to the remuneration

provided under

section 6(1) or 8, an administrative justice of the

peace is to receive an additional 5% of the remuneration payable

under

section 6(1) to a full-time justice of the peace for the

applicable period.

Section 8 is amended

(

a) by repealing subsection (1) and substituting the

following:

Remuneration - part-time and ad hoc justices of the peace

8(1) The remuneration for a part-time or an ad hoc justice of the

peace working an 8-hour shift is as follows:

(

a) for the year April 1, 2013 to March 31, 2014, $907;

(

b) for the year April 1, 2014 to March 31, 2015, $939;

(

c) for the year April 1, 2015 to March 31, 2016, $953;

(

d) for the year April 1, 2016 to March 31, 2017, $962.

(

b) in subsection (1.1) by adding "or, commencing from the

respective dates set out in subsection (1)(

a) to (d), an ad hoc"

after "part-time";

(

c) in subsection (2) by striking out "and 8.2" and

substituting ", 8.2, 8.3, 8.4 and 8.5";

(

d) by adding the following after subsection (2):

(3) An ad hoc justice of the peace is not entitled to any payment

or other benefits except as provided in this

section and sections

8.1, 8.2 and 8.3.

Section 8.1 is amended

(

a) in subsection (1)

(

i) in clause (

c) by adding ", Christmas closure days"

after "Boxing Day";

(ii) by repealing clauses (

e) and (

f) and

substituting the following:

(e) "weekday" means the period commencing

immediately at the beginning of a Monday and

ending at 7:00 p.m. on the following Friday, but

does not include the whole or any portion of that

period that falls on a holiday;

(f) "weekend" means the period commencing at 7:00

p.m. on a Friday and ending at the end of the

following Sunday, but does not include the whole

or any portion of that period that falls on a holiday.

(

b) by repealing subsection (2) and substituting the

following:

(2) Over and above the remuneration payable under

section 6 or

8, as the case may be, a justice of the peace working an 8-hour

shift is entitled to the following payment for the work during the

following times:

(

a) weekday evening shift

(

i) for the year April 1, 2013 to March 31, 2014,

$51.75;

(ii) for the year April 1, 2014 to March 31, 2015,

$52.91;

(iii) for the year April 1, 2015 to March 31, 2016,

$53.71;

(iv) for the year April 1, 2016 to March 31, 2017,

$54.25;

(

b) weekday night shift

(

i) for the year April 1, 2013 to March 31, 2014,

$128.50;

(ii) for the year April 1, 2014 to March 31, 2015,

$131.39;

(iii) for the year April 1, 2015 to March 31, 2016,

$133.36;

(iv) for the year April 1, 2016 to March 31, 2017,

$134.69;

(

c) weekend day shift

(

i) for the year April 1, 2013 to March 31, 2014,

$51.75;

(ii) for the year April 1, 2014 to March 31, 2015,

$52.91;

(iii) for the year April 1, 2015 to March 31, 2016,

$53.71;

(iv) for the year April 1, 2016 to March 31, 2017,

$54.24;

(

d) weekend evening shift

(

i) for the year April 1, 2013 to March 31, 2014,

$78.66;

(ii) for the year April 1, 2014 to March 31, 2015,

$80.43;

(iii) for the year April 1, 2015 to March 31, 2016,

$81.64;

(iv) for the year April 1, 2016 to March 31, 2017,

$82.45;

(

e) weekend night shift

(

i) for the year April 1, 2013 to March 31, 2014,

$180.25;

(ii) for the year April 1, 2014 to March 31, 2015,

$184.31;

(iii) for the year April 1, 2015 to March 31, 2016,

$187.07;

(iv) for the year April 1, 2016 to March 31, 2017,

$188.94;

(

f) holiday day shift

(

i) for the year April 1, 2013 to March 31, 2014,

$78.66;

(ii) for the year April 1, 2014 to March 31, 2015,

$80.43;

(iii) for the year April 1, 2015 to March 31, 2016,

$81.64;

(iv) for the year April 1, 2016 to March 31, 2017,

$82.45;

(

g) holiday evening shift

(

i) for the year April 1, 2013 to March 31, 2014,

$103.50;

(ii) for the year April 1, 2014 to March 31, 2015,

$105.83;

(iii) for the year April 1, 2015 to March 31, 2016,

$107.42;

(iv) for the year April 1, 2016 to March 31, 2017,

$108.49;

(

h) holiday night shift

(

i) for the year April 1, 2013 to March 31, 2014,

$232.00;

(ii) for the year April 1, 2014 to March 31, 2015,

$237.22;

(iii) for the year April 1, 2015 to March 31, 2016,

$240.78;

(iv) for the year April 1, 2016 to March 31, 2017,

$243.19.

(

c) in subsection (3) by striking out "hourly" and

substituting "shift differential";

(

d) by adding the following after subsection (3):

(4) A justice of the peace working a 4-hour shift is entitled to

50% of the amount set out in subsection (2) for the applicable

shift.

Section 8.2 is amended

(

a) in subsection (1) by striking out "April 1, 2012, a

full-time or part-time justice of the peace is entitled to claim

an annual professional allowance of not more than $2000"

and substituting "April 1, 2016 a full-time, part-time or

ad hoc justice of the peace is entitled to claim an annual

professional allowance of not more than $3500";

(

b) by repealing subsections (2) and (3) as of April 1,

2016;

(

c) by adding the following before subsection (4):

(3.1) Effective April 1, 2016, a professional allowance for each

fiscal year must be spent within 2 years of the beginning of the

fiscal year for which it was allocated.

(3.2) Notwithstanding subsection (3.1), the Deputy Chief Judge

may extend the time for the spending of the professional

allowance for the period between April 1, 2016 and March 31,

8 The following is added after

section 8.2:

Travel and subsistence expenses

8.3 Effective on the filing of the Justice of the Peace (2013

Compensation Report) Amendment Regulation, justices of the peace

are entitled to reimbursement for travel and subsistence expenses

incurred in the course of the performance of their duties as justices

of the peace in accordance with the current travel, meal and

hospitality policy, currently established by directive of the Alberta

Treasury Board, that applies to persons appointed to positions under

the Public Service Act and working in the Department of the

Minister responsible for the justice system, or any instrument

replacing it, that is in force at the time the expenses are incurred.

Paid education days

8.4 Effective April 1, 2013, subject to the approval of the Chief

Judge or a judge to whom the Chief Judge has delegated the power

to establish duty rosters, full-time and part-time justices are entitled

to 10 paid education days per year.

Judicial attire

8.5(1) Effective May 1, 2014, full-time and part-time justices are

entitled to judicial attire in accordance with the following: