Alberta Regulation 250/2009

Mental Health Act

MENTAL HEALTH ACT FORMS AMENDMENT REGULATION

Filed: September 21, 2009

For information only: Made by the Minister of Health and Wellness (M.O. 63/2009)

on August 31, 2009 pursuant to

section 53(4) of the Mental Health Act.

1 The Mental Health Act Forms Regulation (AR 136/2004)

is amended by this Regulation.

2 The

Schedule is repealed and the following is

substituted:

Schedule

Form 1

Admission Certificate

Mental Health Act

Section 2

I, (print name of physician) of (address) , certify that I personally

examined (print name of person examined) of (home address) on

(date) at (time) at (place of examination).

In my opinion the person examined is

(

a) suffering from mental disorder,

(

b) likely to cause harm to the person or others or to suffer

substantial mental or physical deterioration or serious

physical impairment, and

(

c) unsuitable for admission to a facility other than as a formal

patient.

(Note: All three criteria above must be met.)

I have formed my opinion

(

a) on the following facts observed by me:

(

b) on the following facts communicated to me by others:

(Note: (

a) and (

b) must be completed.)

? The person is not in a facility and is to be conveyed for

examination to (name of facility) at (address of facility).

(Place an X in the box if conveyance is required.)

(date of issue)

(time of issue)

(signature of physician)

(printed name of physician)

Form 2

Renewal Certificate

Mental Health Act

Section 8

I, (print name of physician) of (address) , certify that I personally

examined (print name of person examined) on (date) at (time)

separately from any other physician.

In my opinion the person examined is

(

a) suffering from mental disorder,

(

b) likely to cause harm to the person or others or to suffer

substantial mental or physical deterioration or serious

physical impairment, and

(

c) unsuitable to continue at a facility other than as a formal

patient.

(Note: All three criteria above must be met.)

I have formed my opinion

(

a) on the following facts observed by me:

(

b) on the following facts communicated to me by others:

(Note: (

a) and (

b) must be completed.)

The person was examined at (name of facility)

(date of issue)

(time of issue)

(signature of physician)

(printed name of physician)

Form 3

Order to Return a Formal Patient to a Facility

Mental Health Act

Section 20(4) or 21(1)

To all or any peace officers in Alberta:

(name of formal patient), a formal patient, is absent without leave

pursuant to the Mental Health Act.

You are hereby ordered to return the formal patient to (name and

address of facility).

Admission certificates (or renewal certificates) expire on (date) .

Dated this day of , 20 .

(signature of representative of

board of facility)

(printed name of representative)

Form 4

Certificate of Transfer into Alberta

Mental Health Act

Section 24(1)

I have reasonable and probable grounds to believe that (full name of

person) may come or be brought into Alberta and is

(

a) suffering from mental disorder,

(

b) likely to cause harm to the person or others or to suffer

substantial mental or physical deterioration or serious

physical impairment, and

(

c) unsuitable for admission to a facility other than as a formal

patient.

(Note: All three criteria above must be met.)

Pursuant to

section 24(1) of the Mental Health Act, I authorize a peace

officer or (name of person authorized) to apprehend and convey (full

name of person) to a facility for examination.

(date of issue)

(signature of the Minister of Health

and Wellness or person designated

by the Minister of Health and

Wellness)

(printed name of Minister of Health

and Wellness or designated person)

Form 5

Transfer of Formal Patient to a

Jurisdiction Outside Alberta

Mental Health Act

Section 25

It appears to me

? that (name of formal patient) has come or been brought into

Alberta and that his/her care and treatment is the responsibility

of (name of other jurisdiction).

? that it would be in the best interests of (name of formal patient)

to be cared for in (name of other jurisdiction).

(Choose one and place an X in the appropriate box.)

Therefore, I authorize that (name of formal patient) be transferred to

(name of other jurisdiction).

(date of issue)

(signature of the Minister of Health

and Wellness or person designated

by the Minister of Health and

Wellness)

(printed name of Minister of Health

and Wellness or designated person)

Form 6

Memorandum of Transfer

to Another Facility

Mental Health Act

Section 22(1)

Arrangements have been made with the board of (name of facility to

which the patient is to be transferred) to transfer (name of formal

patient), a formal patient in (name of facility in which patient is

presently detained), to (name of facility to which the patient is to be

transferred).

Dated this day of , 20 .

(signature of representative of

board of sending facility)

(printed name of representative)

Form 7

Information

Mental Health Act

Section 10

This is the information of (name of informant) of (address of

informant), who says that he/she has reasonable and probable grounds

to believe that (name of person) of (address of person) is suffering

from mental disorder and likely to cause harm to the person or others

or to suffer substantial mental or physical deterioration or serious

physical impairment.

SWORN BEFORE ME at the of )

, in the Province of Alberta, the )

day of , 20 .)

) (signature of informant)

(Judge of The Provincial )

Court of Alberta) ) (printed name of informant)

Form 8

Warrant

Mental Health Act

Section 10

To all or any peace officers in Alberta:

(name of informant) has brought before me an information on oath that

(name of person) of (address of person) is suffering from mental

disorder and likely to cause harm to the person or others or to suffer

substantial mental or physical deterioration or serious physical

impairment.

I am satisfied that (name of person) is suffering from mental disorder

and likely to cause harm to the person or others or to suffer substantial

mental or physical deterioration or serious physical impairment and

that an examination can be arranged in no way other than by

apprehension.

This is to order you to apprehend (name of person) and convey him/her

to a facility for an examination.

Brief reasons:

Dated this day of , 20 at .

(signature of Judge of The

Provincial Court of Alberta)

(printed name of Judge of The

Provincial Court of Alberta)

(clerk of the Court)

(date of filing)

Form 9

Extension of Warrant

Mental Health Act

Section 11

To all or any peace officers in Alberta:

(name of Judge of The Provincial Court of Alberta) issued a warrant

dated to apprehend (name of person).

The warrant has not been executed.

(name of peace officer), (badge number) of (detachment),

? has appeared before me to apply for an extension of the

warrant.

? has applied for an extension of the warrant by telephone or

other means of telecommunication, and it appears on the oath

of (name of peace officer) that it is impracticable to appear

before me personally and that there are reasonable grounds for

dispensing with an information presented personally and in

writing.

(Choose one and place an X in the appropriate box.)

This order therefore extends the duration of the warrant for a period of

7 days from the day on which the warrant expires.

Dated at (place) on the day of ,

20 at (time) .

(signature of Judge of The

Provincial Court of Alberta)

(printed name of Judge of The

Provincial Court of Alberta)

(clerk of the Court)

(date of filing)

Form 10

Statement of Peace Officer

on Apprehension

Mental Health Act

Section 12

(name of person apprehended if known) was apprehended on (date)

at (time) .

He/She was apprehended at (describe place and address).

I have reasonable and probable grounds to believe that

(

a) the person apprehended is suffering from mental disorder,

(

b) the person apprehended is likely to cause harm to the person

or others or to suffer substantial mental or physical

deterioration or serious physical impairment,

(

c) the person apprehended should be examined in the interests

of his/her own safety or the safety of others, and

(

d) the circumstances are such that to proceed under

section 10

of the Mental Health Act would be dangerous.

(Note: All four criteria above must be met.)

The grounds for my belief are:

Dated this day of , 20 .

(signature of peace officer)

(printed name of peace officer)

(badge number)

(detachment)

Form 11

Certificate of Incompetence to

Make Treatment Decisions

Mental Health Act

Section 27

Part One

(To be completed by a physician)

I, (name of physician), am of the opinion that (name of formal patient)

is not mentally competent to make treatment decisions.

The reasons for my opinion are as follows: .

Dated this day of , 20 .

(signature of physician)

(printed name of physician)

Part Two

(To be completed by the board of a facility)

To: (name of formal patient) of (address)

And: (name of patient's guardian or agent, if any) of (address)

And: (name of nearest relative, unless patient objects) of (address)

Take notice that (name of formal patient) is entitled to have the

physician's opinion about his/her competence to make treatment

decisions reviewed by a review panel by sending to the chair of the

review panel an Application for Review Panel Hearing, in Form 12.

Dated this day of , 20 .

(signature of representative

of board of facility)

(printed name of representative)

Form 12

Application for Review Panel Hearing

Mental Health Act

Sections 27(3), 29(2), 33 and 38(1)

To: (print name of chair of the review panel)

(address of chair)

I, (printed name of applicant) of (printed address of applicant), bearing

a relationship of (self, relative, guardian, agent, physician, other) to

(name of patient), apply

? under

section 27(3) of the Act for a review of the attached

Certificate of Incompetence to Make Treatment Decisions

dated

and signed by .

? under

section 29(2) of the Act for an order directing that the

following treatment (nature of treatment) be administered to

(name of formal patient).

? under

section 33 of the Act for an order transferring (name of

patient) back to (name of correctional facility).

? under

section 38(1) of the Act for cancellation of admission

certificates or renewal certificates issued on (date of issue).

(Choose one and place an X in the appropriate box.)

Dated this day of , 20 .

(signature of applicant)

Notice

Mental Health Act

I (do) (do not) object to my nearest relative being informed of the

review panel hearings.

(signature of patient)

(printed name of patient )

Form 13

Notice of Hearing Before Review Panel

Mental Health Act

Section 40

Application received

by the review panel

(date)

Take notice that a hearing will be held

? under

section 27(3) of the Act for a review of the physician's

opinion in the attached Certificate of Incompetence to Make

Treatment Decisions relating to (name of formal

patient) dated and signed by .

? under

section 29(2) of the Act for an order directing that the

following treatment (nature of treatment) may be

administered to (name of formal patient) .

? under

section 33 of the Act for an order transferring (name of

patient) back to a correctional facility.

? under

section 38(1) of the Act for cancellation of admission

certificates or renewal certificates relating to (name of formal

patient).

? under

section 39 of the Act for cancellation of renewal

certificates relating to (name of formal patient).

(Choose one and place an X in the appropriate box.)

The review panel will hear the application on (date) at (time) at

(place) .

(date of issue)

(signature of chair of review panel)

(printed name of chair)

(address)

Form 14

Decision of Review Panel

Regarding Mental Incompetence

to Make Treatment Decisions

Mental Health Act

Sections 27(3) and 41

The formal patient (does) (does not) object to the nearest relative,

(name of nearest relative), receiving notice of the decision.

The review panel has heard and considered the application of (name of

formal patient) and has decided

? to cancel the attached Certificate of Incompetence to Make

Treatment Decisions dated and signed by .

? to refuse to cancel the attached Certificate of Incompetence

to Make Treatment Decisions dated and

signed by .

(Place an X in the appropriate box.)

Date of decision:

This decision may be appealed to the Court of Queen's Bench within

14 days after receipt of this decision.

(signature of chair of review panel)

(printed name of chair)

Form 15

Decision of Review Panel

Regarding Treatment

Mental Health Act

Sections 29(2) and 41

The formal patient (does) (does not) object to the nearest relative,

(name of nearest relative), receiving notice of the decision.

The review panel has heard and considered the application of (name of

board representative or physician) and has decided

? to make an order authorizing the following treatment (nature

of treatment) to be administered to (name of formal patient).

? to refuse to make an order authorizing the following

treatment (nature of treatment) to be administered to (name

of formal patient).

(Place an X in the appropriate box.)

Date of decision:

This decision may be appealed to the Court of Queen's Bench within

14 days after receipt of this decision.

(signature of chair of review panel)

(printed name of chair)

Form 16

Decision of Review Panel Regarding Transfer

Back to a Correctional Facility

Mental Health Act

Sections 33 and 41

The formal patient (does) (does not) object to the nearest relative,

(name of nearest relative), receiving notice of the decision.

The review panel has heard and considered the application of (name of

applicant) and has decided

? to order that (name of patient) be transferred back to (name

of correctional facility).

? to refuse to make an order.

? to cancel the admission certificates or renewal certificates, if

any.

? to refuse to cancel the admission certificates or renewal

certificates for the following reasons: .

(Place an X in the appropriate box(es).)

Date of decision:

This decision may be appealed to the Court of Queen's Bench within

14 days after receipt of this decision.

(signature of chair of review panel)

(printed name of chair)

Form 17

Decision of Review Panel Regarding Admission

Certificates or Renewal Certificates

Mental Health Act

Sections 38(1) and 41

(name of formal patient) (does) (does not) object to the nearest

relative, (name of nearest relative), receiving notice of the decision.

The review panel has heard and considered the application of (name of

applicant), bearing a relationship of (self, agent, guardian, other) to

(name of formal patient), and has decided

? to cancel the admission certificates or renewal certificates

relating to the person named above.

? to refuse to cancel the admission certificates or renewal

certificates relating to the person named above for the

following reasons: .

(Place an X in the appropriate box.)

Date of decision:

This decision may be appealed to the Court of Queen's Bench within

14 days after receipt of this decision.

(signature of chair of review panel)

(printed name of chair)

Form 18

Decision of Review Panel Regarding Renewal

Certificates (Deemed Application)

Mental Health Act

Sections 39 and 41

(name of formal patient) (does) (does not) object to the nearest

relative, (name of nearest relative), receiving notice of the decision.

The review panel has heard and considered an application deemed by

section 39 of the Act to have been made by (name of formal patient)

and has decided

? to cancel the renewal certificates relating to the person

named above.

? to refuse to cancel the renewal certificates relating to the

person named above for the following reasons:

(Place an X in the appropriate box.)

Date of decision:

This decision may be appealed to the Court of Queen's Bench within

14 days after receipt of this decision.

(signature of chair of review panel)

(printed name of chair)

3 This Regulation comes into force on the coming into

force of sections 5, 6 and 7 of the Mental Health

Amendment Act, 2007.

Alberta Regulation 251/2009

Child, Youth and Family Enhancement Act

ADOPTION AMENDMENT REGULATION

Filed: September 22, 2009

For information only: Made by the Minister of Children and Youth Services

(M.O. 2009-19) on September 14, 2009 pursuant to

section 131(2) of the Child,

Youth and Family Enhancement Act.

1 The Adoption Regulation (AR 187/2004) is amended by

this Regulation.

2 The following is added after

section 1:

Forms

1.1 The forms referred to in this Regulation are the forms set out in

the Schedule.

Section 3 is amended

(

a) in subsection (2)(

a) and (

e) by striking out "Minister"

wherever it occurs and substituting "director";

(

b) in subsection (3)(

b) by striking out "Minister"

wherever it occurs and substituting "director".

Section 7(2) is amended

(

a) in clause (

b) by striking out "Form 3" and

substituting "the form approved by the director for that

purpose";

(

b) in clause (

c) by striking out "check" and substituting

"check, including a vulnerable sector search and dated not

earlier than 6 months prior to the date of the application,".

Section 9(2) is repealed and the following is substituted:

(2) Notwithstanding subsection (1), if for any reason acceptable to a

director an agency is unable to complete a home study report within

the 90-day period, the director may, in writing, extend the time for

completion of the home study report.

Section 10 is amended

(

a) by repealing subsection (3) and substituting the

following:

(3) If, as a result of an intervention record check referred to in

section 7(2)(b), a director has identified a concern regarding

the suitability of an applicant to have the care and custody of a

child, the agency shall not approve the applicant under

subsection (1)(

a) without the prior written consent of the

director.

(

b) in subsection (5) by striking out "the Minister setting

out the decision, the reasons for the decision and the

applicant's right to appeal the decision under

section 11"

and substituting "a director setting out the decision and

the reasons for it".

Section 11 is repealed.

Section 13(4) is repealed and the following is

substituted:

(4) If a consent referred to in subsection (3)(c)(

i) cannot reasonably

be obtained before placement of a child, the agency must notify a

director of the reason why a consent cannot reasonably be obtained

before placement and may place the child with an approved

applicant only if the director, on being satisfied that the consent will

be given by the guardian within a reasonable time period, agrees to

the placement.

Section 21(2) is amended by striking out that portion

preceding clause (

a) and substituting the following:

(2) At the request of a director, the agency must provide to the

director

Section 25(3) is repealed and the following is

substituted:

(3) If a director is of the opinion that advertising by an agency

contravenes subsection (2), the director may in writing order the

agency to take the measures specified in the order within the time

limits specified in the order.

Section 28 is amended

(

a) in subsection (2) by striking out that portion

preceding clause (

a) and substituting the following:

(2) On receiving a completed home study report, the director

may

(

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

(6.1) An Appeal Panel may, after hearing an appeal under

subsection (6),

(

a) confirm the director's decision, or

(

b) refer the matter back for reconsideration by the director.

Section 30 is amended by adding the following after

subsection (4):

(5) An Appeal Panel may, after hearing an appeal under subsection

(4),

(

a) confirm the director's decision, or

(

b) refer the matter back for reconsideration by the director.

13 The following provisions are each amended by striking

out "the Minister" wherever it occurs and substituting "a

director":

section 3(1);

section 5;

section 7(2)(d);

section 13(5)(b), (7) and (8);

section 16(2)(a);

section 19;

section 20;

section 21(1);

section 22(3);

section 23(1)(

o) and (4).

14 The following provisions are each amended by striking

out "assessment" wherever it occurs and substituting "study":

section 9(1)(a), (3) and (4);

section 10(1);

section 14(2)(b);

section 21(1)(b)(ii);

section 22(4)(b);

section 23(1)(

f) and (g);

section 27(3)(b);

section 28(1), that portion of

section 28(2)(

a) preceding

subclause (i),

section 28(2)(a)(

i) and (

c) and

section 28(5), (6)

and (7);

section 29(2), (3) and (4);

section 30(1)(

b) and (c).

15 The following is added after

section 36:

Schedule

16 The

Schedule is amended

(

a) in Form 1 by striking out the following:

Board of Directors:

(name) (title) (address)

(name) (title) (address)

(name) (title) (address)

(

b) in Form 2

(

i) by striking out "Minister" and substituting

"director";

(ii) by striking out "Minister's" and substituting

"director's";

(

c) by repealing Form 3;

(

d) in Form 4

(

i) by striking out "Update Report" and substituting

"Home Study Report Update";

(ii) by striking out "Assessment" and substituting

"Change in Circumstances";

(iii) by striking out "assessment" and substituting

"study";

(

e) in Form 5

(

i) by striking out "sex" wherever it occurs and

substituting "gender";

(ii) in

section 1 by adding "and time of birth, if known"

after "Birthplace";

(iii) by striking out "Name of mother" and substituting

"Name and address of mother";

(iv) by striking out "Name of father" and substituting

"Name and address of father";

(

v) by striking out "extended family" wherever it

occurs and substituting "extended family and any

treatment obtained";

(

f) in Form 7 by adding "relationship" after "spousal";

(

g) in Form 8

(

i) by striking out "assessment" wherever it occurs

and substituting "study";

(ii) by striking out "Home Assessment Report" and

substituting "home study report";

(iii) by striking out "Home Assessment Reports"

wherever it occurs and substituting "home study

reports";

(iv) by striking out "Update Reports" and substituting

"home study report updates";

(

h) in Form 9

(

i) by striking out "Home Assessment Report"

wherever it occurs and substituting "Home Study

Report";

(ii) by striking out "criminal record checks" and

substituting "criminal record checks, including

vulnerable sector searches,"

(iii) by striking out "18 years and over" and

substituting "18 years or over";

(iv) by striking out "assessment for a specific child" and

substituting "the home study for a specific child";

(

v) by striking out "assessment worker" and

substituting "the assessor completing the home

study";

(vi) by striking out "Home Assessment Process" and

substituting "Home Study Process";

(vii) by striking out "Outcome of Assessment" and

substituting "Outcome of Home Study";

(viii) by striking out "home assessment report" and

substituting "home study report";

(

i) in Form 10

(

i) by striking out "Home Assessment Report"

wherever it occurs and substituting "Home Study

Report";

(ii) by striking out "family's" and substituting "the

adoptive family's";

(iii) by striking out "Physical space (include safe

environment assessment)" and substituting "Physical

space";

(iv) by adding the following after "Physical space":

__ Safe environment assessment (include safe storage

of medications and weapons, if any)

(

v) by striking out "Sex" and substituting "Male or

__ Female";

(vi) by striking out "assessment worker" and

substituting "the assessor completing the home

study";

(vii) by striking out "Overview of Addendum Assessment

Process" and substituting "Overview of Addendum

to Home Study Process";

(viii) by striking out "Summary of Outcome of Addendum

Assessment Process" and substituting "Summary of

Outcome of Home Study".

17 This Regulation comes into force on October 1, 2009.

Alberta Regulation 252/2009

Child, Youth and Family Enhancement Act

RESIDENTIAL FACILITIES LICENSING AMENDMENT REGULATION

Filed: September 22, 2009

For information only: Made by the Minister of Children and Youth Services

(M.O. 2009-21) on September 14, 2009 pursuant to

section 131(2) of the Child,

Youth and Family Enhancement Act.

1 The Residential Facilities Licensing Regulation

(AR 161/2004) is amended by this Regulation.

Section 3 is amended

(

a) in subsection (2)

(

i) in clause (

a) by striking out "check," and

substituting "check, including a vulnerable sector

search and";

(ii) in clauses (

b) and (

e) by striking out "Minister"

wherever it occurs and substituting "director";

(

b) by repealing subsection (3);

(

c) in subsection (4) by striking out "Minister" wherever

it occurs and substituting "director".

Section 4 is amended

(

a) in that portion preceding clause (

a) by striking out

"Minister" and substituting "director";

(

b) in clause (

b) by striking out "a new criminal record

check" and substituting "a new criminal record check,

including a vulnerable sector search,";

Section 8 is amended

(

a) in subsections (1), (2) and (3) by striking out

"Minister" wherever it occurs and substituting

"director";

(

b) by repealing subsection (4) and substituting the

following:

(4) If the director has been notified of a change under subsection

(1)(b), the director may require the licence holder to provide to

the director the results of a criminal record check, including a

vulnerable sector search, with respect to any new resident of the

foster home.

Section 11(

h) is repealed and the following is

substituted:

(

h) emergency evacuation procedures are made known to all

residents, including children where developmentally

appropriate, and

Section 13 is amended

(

a) by repealing subsection (1)(

c) and substituting the

following:

(

c) a corporation.

(

b) in subsection (2)

(

i) in clause (a)

(

A) by striking out "check," and substituting

"check, including a vulnerable sector search and";

(

B) in subclause (iii) by striking out "body

corporate" and substituting "corporation";

(ii) by repealing clause (b);

(iii) in subclause (c)(

i) by striking out "Minister"

wherever it occurs and substituting "director";

(iv) in clause (

f) by striking out "Minister" wherever

it occurs and substituting "director".

(

c) in subsection (3)

(

i) in that portion preceding clause (

a) by striking

out "Minister" and substituting "director";

(ii) in clause (

b) by striking out "body corporate" and

substituting "corporation";

(iii) in clause (

c) by striking out "Minister" wherever

it occurs and substituting "director".

Section 14 is amended

(

a) in that portion preceding clause (

a) by striking out

"Minister" and substituting "director";

(

b) in clause (

a) by striking out "body corporate" and

substituting "corporation".

Section 17 is amended

(

a) in subsection (1)

(

i) in that portion preceding clause (

a) by striking

out "Minister" and substituting "director";

(ii) by repealing clause (

a) and substituting the

following:

(

a) if the licence holder is a partnership or a

corporation, any change in the partners or chief

executive officer;

(iii) in clause (

b) by adding "initiated by the licence

holder" after "change";

(

b) by repealing subsection (2) and substituting the

following:

(2) If the director has been notified of a change under subsection

(1)(a), the director may require the licence holder to provide to

the director the results of a criminal record check, including a

vulnerable sector search, with respect to the new partner or chief

executive officer.

Section 18(1) is amended

(

a) in clause (

c) by striking out "criminal record check"

and substituting "criminal record check, including a

vulnerable sector search,";

(

b) in clause (

d) by adding ", including administering CPR to

children" after "training".

Section 26(

b) is repealed and the following is

substituted:

(

b) emergency evacuation procedures are made known to all

employees and volunteers and to children where

developmentally appropriate.

Section 29(1)(

a) is amended by striking out "to a child by

a physician" and substituting "for a child".

11 The following provisions are each amended by striking

out "Minister" wherever it occurs and substituting "director":

section 5;

section 6;

section 9(c);

section 10(2);

section 15;

section 19;

section 20(3);

section 21;

section 23(g);

section 24;

section 25(2)(a);

12 The following is added after

section 31:

Appeal

31.1 A licence holder may appeal to the Appeal Panel the

following:

(

a) terms or conditions imposed on a renewal of a licence for a

child and youth facility;

(

b) a refusal to renew a licence for a child and youth facility;

(

c) an order after inspection with respect to a licence for a child

and youth facility;

(

d) the variation, suspension or cancellation of a licence for a

child and youth facility.

13 The

Schedule is amended

(

a) in the title by striking out "Assessment" and

substituting "Study";

(

b) by striking out "criminal record checks" and

substituting "criminal record checks, including vulnerable

sector searches,";

(

c) by striking out "assessment for" and substituting

"home study for";

(

d) by striking out "assessment worker" and substituting

"the assessor completing the home study";

(

e) by striking out "Assessment Process" and substituting

"Study Process";

(

f) by striking out "Parent preparation training date

completed" and substituting "Date that parent preparation

training was completed";

(

g) by striking out "Outcome of Assessment" and

substituting "Outcome of Home Study".

14 This Regulation comes into force on October 1, 2009.

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

Alberta Regulation 253/2009

Municipal Government Act

DEBT LIMIT AMENDMENT REGULATION

Filed: September 24, 2009

For information only: Made by the Minister of Municipal Affairs (M.O. L:197/09)

on September 24, 2009 pursuant to

section 271 of the Municipal Government Act.

1 The Debt Limit Regulation (AR 255/2000) is amended by

repealing

section 3 and substituting the following:

Revenue

3(1) For the purpose of the formulas in this

section

"R" is revenue;

"a" is the total revenue reported in the last audited annual

financial statement of the municipality prepared before the

calculation time, less transfers from the governments of

Alberta and Canada for the purposes of a capital property

reported in that statement if those transfers are included in

the total revenue;

"b" is the principal outstanding at the calculation time on loans

made by the municipality under

section 265 of the Act.

(2) Subject to subsection (3), the revenue of a municipality at the

calculation time is determined by the formula

R = a - b

(3) The revenue of The County of Athabasca No. 12 at the

calculation time is determined by the formula

R = a

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

Alberta Regulation 254/2009

Lobbyists Act

LOBBYISTS ACT GENERAL AMENDMENT REGULATION

Filed: September 24, 2009

For information only: Made by the Lieutenant Governor in Council (O.C. 481/2009)

on September 24, 2009 pursuant to

section 20 of the Lobbyists Act.

1 The Lobbyists Act General Regulation is amended by

this Regulation.

Schedule 1 is amended

(

a) by adding "Grant MacEwan University" after "Athabasca

University";

(

b) by striking out "Grant MacEwan College" after "Grande

Prairie Regional College";

(

c) by striking out "The Board of Governors of Grant

MacEwan College" and substituting "The Board of

Governors of Grant MacEwan University".

Alberta Regulation 255/2009

Traffic Safety Act

OPERATOR LICENSING AND VEHICLE CONTROL

AMENDMENT REGULATION

Filed: September 25, 2009

For information only: Made by the Minister of Transportation (M.O. 19/09) on

September 24, 2009 pursuant to

section 100 of the Traffic Safety Act.

1 The Operator Licensing and Vehicle Control Regulation

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

Schedule 1 is repealed and the following is substituted:

Schedule 1

Form 1

NOTICE OF SUSPENSION/DISQUALIFICATION

Alberta Administrative Licence Suspension

Occurrence Information

Occurrence Date (year) / (month) / (day) at or about (time 24 hr.

clock) at or near (location) , in the Province of Alberta.

Driver Information - Name of Driver

(surname) (first) (middle) (residence phone) (business

phone)

Address (street) (city, town, village) (province)

(postal code)

Licence Information (licence no.)

? AB or other (prov/state) (class) (condition)

Sex ? F ? M

Birth date (year) (month) (day)

Licence expiry date (year) (month) (day)

Notice and Order of

Suspension/Disqualification

Effective immediately, your driving privileges are affected as

follows, pursuant to

section 88 of the Traffic Safety Act:

Administrative Licence Suspension Program

? a 24-hour disqualification from the time when the temporary

operator's permit is issued followed by a 3-month suspension or

disqualification starting in 21 days

? a 3-month suspension or disqualification effective immediately

? a 24-hour disqualification from the time when the temporary

operator's permit is issued followed by a 6-month suspension or

disqualification starting in 21 days

? a 6-month suspension or disqualification effective immediately

In relation to your driving of a motor vehicle as defined in the Traffic

Safety Act, the undersigned peace officer

?

a) has reasonable and probable grounds to believe that you have

consumed alcohol in such a quantity that the concentration of

alcohol in your blood exceeds/exceeded 80 milligrams of

alcohol in 100 millilitres of blood,

?

b) has reasonable and probable grounds to believe that you, while

having alcohol in your body, failed or refused to comply,

without a reasonable excuse, with a demand under

section 254

of the Criminal Code (Canada),

?

c) has reasonable and probable grounds to believe that your ability

to operate a motor vehicle is impaired by alcohol, a drug, or a

combination of alcohol and a drug , or

?

d) has reasonable and probable grounds to believe that you, while

having a drug or a combination of a drug and alcohol in your

body, failed or refused, without a reasonable excuse, to comply

with a demand under

section 254 of the Criminal Code

(Canada):

Alcohol, drug or alcohol and drug-related driving of a motor

vehicle involving bodily harm or death

? and has reasonable and probable grounds to believe that your

alcohol, drug or alcohol and drug related driving of a motor

vehicle caused bodily harm or death to another person,

AND on behalf of the Registrar hereby suspends your operator's

licence, or disqualifies you from obtaining an operator's licence, and

your privilege to operate a motor vehicle in Alberta for the term as

indicated above, subject to the information on the reverse of this form.

Temporary Operator's Permit

Temporary Operator's Permit issued ? Yes ? No If no, explain:

This permit is subject to the same conditions as the licence noted in the

Licence Information above, and is valid only if you are legally

permitted to operate a motor vehicle in Alberta.

This Temporary Operator's Permit is valid 24 hours from (year)

(month) (day) (24-hour clock time)

Issue Date

and expires at the end of the 22nd day following the issue date.

This document must be in your possession when operating a motor

vehicle. (signature of driver)

(signature of peace officer/police officer) (police service) (badge

no.) (year) (month) (day)

Issue Date

Particulars:

Important Information on Reverse

IMPORTANT INFORMATION

Temporary Operator's Permit

Your privilege to operate a motor vehicle in the Province of Alberta

has been suspended/disqualified pursuant to the Traffic Safety Act. If

you are eligible for a Temporary Operator's Permit, this allows you to

operate a motor vehicle in the Province of Alberta for a period of 21

days following your 24-hour suspension. This Temporary Operator's

Permit carries the same conditions and restrictions, and is the same

class, as your current operator's licence.

Reinstatement Conditions

There may be reinstatement conditions associated with this

suspension/disqualification. Until you comply with any and all

reinstatement conditions as set out by the Registrar, your driving

suspension/disqualification will remain in effect. A list of these terms

and conditions may be obtained at any Alberta Registry Agent.

Review Process

You have the right to have this driving suspension/disqualification

reviewed by the Alberta Transportation Safety Board. A hearing

before the Board can either be in writing or in person. Application

forms to initiate the review process are available at any Alberta

Registry Agent. There is a fee for the review process.

? The issue of hardship caused by this

suspension/disqualification will not be considered.

? The filing of an application for review does not stay the

suspension/disqualification.

At the hearing, the Board shall consider any relevant sworn or

solemnly affirmed statements, the report of the peace officer and any

other relevant information and, where an oral hearing is held, the

above indicated information and any relevant evidence and

information or presentations. If you request an oral hearing and fail to

appear on the date and at the time and place arranged for the hearing,

without prior notice to the Board, your appeal is abandoned.

Out of Province Operator's Licence

If you currently hold a valid operator's licence from a jurisdiction

other than from the Province of Alberta, you are immediately

disqualified from driving for 24 hours. You are not eligible for a

Temporary Operator's Permit. However, subject to any conditions and

driving privileges your current licence affords you, a further

disqualification will commence on the 22nd day following the issue

date as indicated on the face of this form.

Registry Agents

To obtain further information, contact the authorized Registry Agent

near you. For a listing of authorized agents, please refer to the Yellow

Pages under Licensing and Registry Services.

Form 2

NOTICE OF SUSPENSION/DISQUALIFICATION

Alberta Administrative Licence Suspension

Novice Driver - Zero Alcohol Tolerance Program

Occurrence Information

Occurrence Date (year) / (month) / (day) at or about (time 24-hr.

clock) at or near (location) , in the Province of Alberta.

Driver Information - Name of Driver

(surname) (first) (middle) (residence phone)

(business phone)

Address (street) (city, town, village) (province)

(postal code)

Licence Information (licence no.)

? AB or other (prov/state) (class) (condition)

Sex ? F ? M

Birth date (year) (month) (day)

Licence expiry date (year) (month) (day)

Seized Alberta Operator's Licence ? Yes ? No

If No, explain:

If applicable, Blood Alcohol Content

Sample #1____ Sample #2____ MV identification number

Notice and Order of Suspension

Effective immediately, the driving privileges of the driver

named above are affected as follows, pursuant to

section 88 of

the Traffic Safety Act:

Administrative Licence Suspension Program

? where the driver is currently licensed and no bodily harm or death

has been caused to another person, a 24-hour disqualification from

the time when the temporary operator's permit is issued followed

by a 3-month suspension or disqualification starting in 21 days

? where the driver is not licensed, the driver's licence is suspended

or the driver is driving under a temporary permit and no bodily

harm or death has been caused to another person, a 3-month

suspension or disqualification effective immediately

? where the driver is currently licensed and bodily harm or death has

been caused to another person, a 24-hour disqualification from the

time when the temporary operator's permit was issued followed by

a 6-month suspension or disqualification starting in 21 days

? where the driver is not licensed, the driver's licence is suspended

or the driver is driving under a temporary permit and bodily harm

or death has been caused to another person, a 6-month suspension

or disqualification effective immediately

Reason (check all that apply)

Alcohol

? breath or blood exceeding 80 mg per 100 mL

? impaired

? refusal

Drug or Alcohol/Drug Combination

? impaired

? refusal

Alcohol, drug or alcohol and drug-related driving of a motor

vehicle involving bodily harm or death

? bodily harm or death

Novice Driver - Zero Alcohol Tolerance Program

? where the driver is currently licensed as a novice, a 24-hour

disqualification from the time when the temporary operator's

permit is issued followed by a 1-month suspension starting in 7

days

? where the novice driver is currently not licensed, the novice

driver's licence is suspended or the novice driver is driving under a

temporary permit, a 1-month suspension effective immediately

Reason (check one)

Alcohol

? alcohol present in breath sample as indicated by ____ on an

approved device

? refusal

Temporary Operator's Permit

Temporary Operator's Permit issued ? Yes ? No If no, explain:

This Temporary Operator's Permit is valid 24 hours from (year)

(month) (day) (24-hour clock time)

Issue Date

This document must be in your possession when operating a motor

vehicle. (signature of driver)

(signature of peace officer/police officer) (police service) (badge

no.) (year) (month) (day)

Issue Date

Particulars:

? operator's licence destroyed (peace officer/police officer)

Important Information on Reverse

IMPORTANT INFORMATION

Temporary Operator's Permit

Your privilege to operate a motor vehicle in the Province of Alberta

has been suspended/disqualified pursuant to the Traffic Safety Act. If

you are eligible for a Temporary Operator's Permit, this allows you to

operate a motor vehicle in the Province of Alberta for a period of 7

days following your 24-hour suspension. This Temporary Operator's

Permit carries the same conditions and restrictions, and is the same

class, as your current operator's licence.

Reinstatement Conditions

There may be reinstatement conditions associated with this

suspension/disqualification. Until you comply with any and all

reinstatement conditions as set out by the Registrar, your driving

suspension/disqualification will remain in effect. A list of these terms

and conditions may be obtained at any Alberta Registry Agent.

Review Process

You have the right to have this driving suspension/disqualification

reviewed by the Alberta Transportation Safety Board. A hearing

before the Board can either be in writing or in person. Application

forms to initiate the review process are available at any Alberta

Registry Agent. There is a fee for the review process.

? The issue of hardship caused by this

suspension/disqualification will not be considered.

? The filing of an application for review does not stay the

suspension/disqualification.

At the hearing, the Board shall consider any relevant sworn or

solemnly affirmed statements, the report of the peace officer and any

other relevant information and, where an oral hearing is held, the

above indicated information and any relevant evidence and

information or presentations. If you request an oral hearing and fail to

appear on the date and at the time and place arranged for the hearing,

without prior notice to the Board, your appeal is abandoned.

Out of Province Operator's Licence

If you currently hold a valid operator's licence from a jurisdiction

other than from the Province of Alberta, you are immediately

disqualified from driving for 24 hours. You are not eligible for a

Temporary Operator's Permit. However, subject to any conditions and

driving privileges your current licence affords you, a further

disqualification will commence on the 22nd day following the issue

date as indicated on the face of this form.

Registry Agents

To obtain further information, contact the authorized Registry Agent

near you. For a listing of authorized agents, please refer to the Yellow

Pages under Licensing and Registry Services.

Form 3

NOTICE OF SUSPENSION

Novice Driver - Zero Alcohol Tolerance Program

Occurrence Information

Occurrence Date (year) / (month) / (day) at or about (time 24-hr.

clock) at or near (location) , in the Province of Alberta.

Driver Information - Name of Driver

(surname) (first) (middle) (residence phone)

(business phone)

Address (street) (city, town, village) (province)

(postal code)

Licence Information (licence no.)

? AB or other (prov/state) (class) (condition)

Sex ? F ? M

Birth date (year) (month) (day)

Licence expiry date (year) (month) (day)

Notice and Order of Suspension

Novice Driver - Zero Alcohol Tolerance Program

Effective immediately, your driving privileges are affected as follows:

a 24-hour disqualification from the time when

the temporary operator's permit is issued

followed by a 1-month suspension starting in 7 days ?

a 1-month suspension effective immediately ?

In relation to your driving of a motor vehicle as defined in the Traffic

Safety Act,

a) a breath sample indicates

that alcohol is present in

your blood

? as indicated by

on an approved device

b) you, without a reasonable excuse, failed or

refused to provide a breath sample as required

Temporary Operator's Permit

Temporary Operator's Permit issued ? Yes ? No If no, explain:

This permit is subject to the same conditions as the licence noted in the

Licence Information above, and is valid only if you are legally

permitted to operate a motor vehicle in Alberta.

This Temporary Operator's Permit is valid 24 hours from (year)

(month) (day) (24-hour clock time)

Issue Date

and expires at the end of the 8th day following the issue date.

This document must be in your possession when operating a motor

vehicle. (signature of driver)

(signature of peace officer/police officer) (police service) (badge

no.) (year) (month) (day)

Issue Date

Particulars:

Important Information on Reverse

IMPORTANT INFORMATION

Temporary Operator's Permit

Your privilege to operate a motor vehicle in the Province of Alberta

has been suspended/disqualified pursuant to the Traffic Safety Act. If

you are eligible for a Temporary Operator's Permit, this allows you to

operate a motor vehicle in the Province of Alberta for a period of 7

days following your 24-hour suspension. This Temporary Operator's

Permit carries the same conditions and restrictions, and is the same

class, as your current operator's licence.

Reinstatement Conditions

There may be reinstatement conditions associated with this

suspension/disqualification. Until you comply with any and all

reinstatement conditions as set out by the Registrar, your driving

suspension/disqualification will remain in effect. A list of these terms

and conditions may be obtained at any Alberta Registry Agent.

Review Process

You have the right to have this driving suspension/disqualification

reviewed by the Alberta Transportation Safety Board. A hearing

before the Board can either be in writing or in person. Application

forms to initiate the review process are available at any Alberta

Registry Agent. There is a fee for the review process.

? The issue of hardship caused by this

suspension/disqualification will not be considered.

? The filing of an application for review does not stay the

suspension/disqualification.

At the hearing, the Board shall consider any relevant sworn or

solemnly affirmed statements, the report of the peace officer and any

other relevant information and, where an oral hearing is held, the

above indicated information and any relevant evidence and

information or presentations. If you request an oral hearing and fail to

appear on the date and at the time and place arranged for the hearing,

without prior notice to the Board, your appeal is abandoned.

Out of Province Operator's Licence

If you currently hold a valid operator's licence from a jurisdiction

other than from the Province of Alberta, you are immediately

disqualified from driving for 24 hours. You are not eligible for a

Temporary Operator's Permit. However, subject to any conditions and

driving privileges your current licence affords you, a further

disqualification will commence on the 8th day following the issue date

as indicated on the face of this form.

Registry Agents

To obtain further information, contact the authorized Registry Agent

near you. For a listing of authorized agents, please refer to the Yellow

Pages under Licensing and Registry Services.

3 This Regulation comes into force on the coming into

force of the Traffic Safety Amendment Act, 2008.

Alberta Regulation 256/2009

Marketing of Agricultural Products Act

ALBERTA ELK MARKETING AMENDMENT REGULATION

Filed: September 25, 2009

For information only: Made by the Alberta Elk Commission on September 22, 2009

pursuant to

section 26 of the Marketing of Agricultural Products Act and approved by

the Agricultural Products Marketing Council on September 22, 2009 pursuant to

section 26 of the Marketing of Agricultural Products Act.

1 The Alberta Elk Marketing Regulation (AR 256/2002) is

amended by this Regulation.

2 The title is amended by striking out "Marketing" and

substituting "Commission".

Section 2(3) is repealed and the following is substituted:

(3) The base service charge is due and payable by each producer to

the Commission on May 30 in each year.

Section 3 is amended

(

a) in subsection (1) by striking out "March" and

substituting "December";

(

b) by repealing subsection (3) and substituting the

following:

(3) The product service charge is due and payable by each

producer to the Commission on May 30 in each following year.

Section 4(1)(

c) is amended by striking out "fiscal year"

and substituting "calendar year".

Section 5 is repealed.

Section 6(3) is amended by striking out "prior to the end of

April of the current fiscal year" and substituting "in April of the

current calendar year".

Section 7 is amended

(

a) in subsection (1) by adding "within the time specified

by and" before "in the manner";

(

b) by repealing subsection (2).

9 Sections 11 to 13 are repealed.

Section 14 is amended by striking out "2009" and

substituting "2014".

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

Alberta Regulation 257/2009

Municipal Government Act

MATTERS RELATING TO ASSESSMENT AND TAXATION

AMENDMENT REGULATION

Filed: September 29, 2009

For information only: Made by the Minister of Municipal Affairs (M.O. L:204/09)

on September 23, 2009 pursuant to sections 322 and 370 of the Municipal

Government Act.

1 The Matters Relating to Assessment and Taxation

Regulation (AR 220/2004) is amended by this Regulation.

Section 29 is amended by striking out "September 30, 2009"

and substituting "December 31, 2009".

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

Alberta Regulation 258/2009

Drainage Districts Act

COMPENSATION AMENDMENT REGULATION

Filed: September 30, 2009

For information only: Made by the Minister of Environment (M.O. 20/2009) on

September 23, 2009 pursuant to

section 34 of the Drainage Districts Act.

1 The Compensation Regulation (AR 29/2002) is amended

by this Regulation.

Section 13 is amended by striking out "December 6, 2009"

and substituting "December 1, 2012".

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

Alberta Regulation 259/2009

Drainage Districts Act

DRAINAGE DISTRICTS AMENDMENT REGULATION

Filed: September 30, 2009

For information only: Made by the Minister of Environment (M.O. 21/2009) on

September 23, 2009 pursuant to

section 17 of the Drainage Districts Act.

1 The Drainage Districts Regulation (AR 5/2001) is

amended by this Regulation.

Section 10 is amended by striking out "January 31, 2011"

and substituting "December 1, 2012".

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

Alberta Regulation 260/2009

Water Act

WATER (MINISTERIAL) AMENDMENT REGULATION

Filed: September 30, 2009

For information only: Made by the Minister of Environment (M.O. 22/2009) on

September 23, 2009 pursuant to

section 169(2) of the Water Act.

1 The Water (Ministerial) Regulation (AR 205/98) is

amended by this Regulation.

Section 76 is amended by striking out "March 31, 2010"

and substituting "December 1, 2012".

Alberta Regulation 261/2009

Public Sector Pension Plans Act

SPECIAL FORCES PENSION PLAN (CONTRIBUTION RATE

INCREASE, 2009) AMENDMENT REGULATION

Filed: September 30, 2009

For information only: Made by the Special Forces Pension Board on August 26,

2009 pursuant to

Schedule 4, sections 4(8) and 5(2) of the Public Sector Pension

Plans Act.

1 The Special Forces Pension Plan (AR 369/93) is

amended by this Regulation.

Section 13(1)(

a) is amended by striking out "8.51%" and

substituting "11.95%".

Section 15(1)(

a) is amended by striking out "9.61%" and

substituting "13.05%".

4 This Regulation comes into force on January 1, 2010.

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

Alberta Regulation 262/2009

School Act

CAPITAL BORROWING AMENDMENT REGULATION

Filed: September 30, 2009

For information only: Made by the Minister of Education (M.O. 052/2009) on

September 24, 2009 pursuant to

section 183(4) of the School Act.

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

amended in

section 10 by striking out "September 30, 2009"

and substituting "September 30, 2010".