Alberta Gazette — 15 November 2006 (Part II)
15 November 2006
Alberta — Gazette
Alberta Regulation 254/2006
Health Disciplines Act
ACUPUNCTURE AMENDMENT REGULATION
Filed: October 25, 2006
For information only: Approved by the Lieutenant Governor in Council
(O.C. 507/2006) on October 25, 2006 pursuant to
section 55 of the Health Disciplines
Act and made by the Health Disciplines Board on July 28, 2006 pursuant to the
Health Disciplines Act.
1 The Acupuncture Regulation (AR 42/88) is amended by
this Regulation.
Section 15 is amended
(
a) in clause (
a) by striking out "$40" and substituting
"$120";
(
b) in clause (
b) by striking out "$60" and substituting
"$180";
(
c) in clause (c)
(
i) in subclause (
i) by striking out "$100" and
substituting "$400";
(ii) in subclause (ii) by striking out "$115" and
substituting "$425";
(
d) by adding the following after clause (c):
(
d) a registration examination is $1000.
--------------------------------
Alberta Regulation 255/2006
Health Professions Act
DENTAL HYGIENISTS PROFESSION REGULATION
Filed: October 25, 2006
For information only: Approved by the Lieutenant Governor in Council (O.C.
509/2006) on October 25, 2006 pursuant to
section 131 of the Health Professions Act
and made by the Alberta Dental Hygienists' Association on September 29, 2006
pursuant to the Health Professions Act.
Table of Contents
Definitions
Registers
2 Register categories
Registration
3 General register
4 Equivalent jurisdiction
5 Substantial equivalence
6 Courtesy register
7 Good character
8 Liability insurance
9 CPR certification
Practice Permit
11 Renewal requirements
12 Conditions
Restricted Activities
13 Authorized activities
14 Restriction
15 Students
16 Supervision
Continuing Competence
17 Program requirements
18 Program credits
19 Continuing competence program rules
20 Rule distribution
21 Practice visits
Alternative Complaint Resolution
22 Process conductor
23 Agreement
24 Confidentiality
25 Leaving the process
Reinstatement of Registration and Practice Permits
26 Applying for reinstatement
27 Review and decision
28 Review of decision
29 Access to decisions
Titles
30 Titles, abbreviations
Information
31 Requested information
Section 119 information
Transitional Provisions, Repeals
and Coming into Force
33 Transitional
34 Repeal
35 Coming into force
Definitions
1 In this Regulation,
(a) "Act" means the Health Professions Act;
(b) "College" means the College of Registered Dental Hygienists
of Alberta;
(c) "Competence Committee" means the competence committee
of the College;
(d) "Complaints Director" means the complaints director of the
College;
(e) "Council" means the council of the College;
(f) "courtesy member" means a regulated member registered on
the courtesy register;
(g) "courtesy register" means the courtesy register category of
the regulated members register;
(h) "general member" means a regulated member registered on
the general register;
(i) "general register" means the general register category of the
regulated members register;
(j) "Registrar" means the registrar of the College;
(k) "Registration Committee" means the registration committee
of the College.
Registers
Register categories
2 The regulated members register established by the Council under
section 33(1)(
a) of the Act has the following categories:
(
a) general register;
(
b) courtesy register.
Registration
General register
3(1) An applicant for registration as a regulated member on the
general register must
(
a) have a degree or diploma in dental hygiene from a program
approved by the Council,
(
b) have successfully passed a dental hygiene registration
examination approved by the Council, and
(
c) have successfully passed a jurisprudence examination
approved by the Council.
(2) An applicant under subsection (1) must meet one of the following:
(
a) have met the requirements of subsection (1) within the 3
years immediately preceding the date the Registrar receives a
complete application;
(
b) provide evidence of 600 hours of practice as a dental
hygienist within the 3 years immediately preceding the date
the Registrar receives a complete application;
(
c) have successfully completed a refresher education program
approved by the Council within the year immediately
preceding the date the Registrar receives a complete
application;
(
d) demonstrate to the satisfaction of the Registrar or the
Registration Committee that the applicant is currently
competent to practise as a dental hygienist.
Equivalent jurisdiction
4(1) Subject to subsection (2), an applicant for registration as a
regulated member on the general register who is currently registered in
good standing in another jurisdiction recognized by the Council under
section 28(2)(
b) of the Act as having substantially equivalent
registration requirements to those described in
section 3 and who has
no limitations or conditions imposed on the applicant's registration in
that jurisdiction may be registered on the general register.
(2) An applicant for registration under subsection (1) must
successfully pass a jurisprudence examination referred to in
section
3(1)(c).
Substantial equivalence
5(1) An applicant for registration as a regulated member on the
general register who does not meet the requirements described in
section 3 but whose qualifications have been determined by the
Registrar or the Registration Committee under
section 28(2)(
c) of the
Act to be substantially equivalent to the competence requirements
described in
section 3 may be registered on the general register.
(2) In order to assist with determining whether an applicant's
qualifications are substantially equivalent under subsection (1), the
Registrar or Registration Committee may
(
a) require the applicant to undergo any examination, testing or
any assessment activity, and
(
b) direct the applicant to undergo any education or training
activities that the Registrar or the Registration Committee
considers necessary in order for the applicant to be
registered.
(3) An applicant for registration under subsection (1) must
successfully pass a jurisprudence examination referred to in
section
3(1)(c).
Courtesy register
6(1) A person who is registered as a dental hygienist in good standing
in another jurisdiction who applies for registration in Alberta on a
temporary basis for a specified purpose and period of time approved by
the Registrar is eligible for registration on the courtesy register.
(2) It is a condition of registration on the courtesy register that the
person must remain registered in good standing in the jurisdiction in
which the person was registered at the time of the person's application
for registration on the courtesy register and if the registration in the
other jurisdiction is suspended or cancelled the courtesy registration is
cancelled.
(3) The term of the registration for a person registered on the courtesy
register
(
a) is for up to 60 days, and
(
b) is not renewable.
Good character
7 An applicant for registration as a regulated member on the general
register or on the courtesy register must provide written evidence of
having good character and reputation by submitting one or more of the
following on the request of the Registrar or the Registration
Committee:
(
a) a statement by the applicant as to whether the applicant is
currently undergoing an unprofessional conduct process or
investigation or has previously been disciplined by another
regulatory organization responsible for the regulation of
dental hygienists or any other profession;
(
b) a statement by the applicant as to whether the applicant has
ever pleaded guilty or has been found guilty of a criminal
offence in Canada or an offence of a similar nature in a
jurisdiction outside Canada for which the applicant has not
been pardoned;
(
c) any other relevant evidence as requested by the Registrar or
the Registration Committee.
Liability insurance
8 An applicant for registration as a regulated member on the general
register or on the courtesy register must provide evidence of having the
type and amount of professional liability insurance required by the
Council.
CPR certification
9 An applicant for registration as a regulated member on the general
register or on the courtesy register is required to provide evidence of
current cardiopulmonary resuscitation certification at a level required
by the Council.
10(1) An applicant for registration as a regulated member on the
general register or on the courtesy register must be sufficiently
practice of the profession of dental hygienists.
(2) An applicant may be required by the Registrar to demonstrate
requirements established by the Council.
Practice Permit
Renewal requirements
11 A regulated member on the general register applying for renewal
of a practice permit must provide
(
a) evidence of having the type and amount of professional
liability insurance required by the Council;
(
b) evidence of holding a current cardiopulmonary resuscitation
certificate at the level required by the Council;
(
c) a statement by the applicant as to whether the applicant has
ever pleaded guilty or has been found guilty of a criminal
offence in Canada or an offence of a similar nature in a
jurisdiction outside Canada for which the applicant has not
been pardoned since the applicant's last practice permit;
(
d) a statement by the applicant as to whether the applicant has
been the subject of any disciplinary action by a regulatory
organization responsible for the regulation of dental
hygienists or any other profession since the applicant's last
practice permit;
(
e) evidence of obtaining program credits required by
section 17;
(
f) a statement by the applicant of the number of practice hours
as a dental hygienist obtained in the previous year.
Conditions
12 The conditions on a practice permit that the Registrar,
Registration Committee or Council may impose include, but are not
limited to, the following:
(
a) completion of any continuing competence requirements
within a specified time;
(
b) completion of any examinations, testing, assessments,
training, work experience, education or counselling;
(
c) a requirement to practise only under the supervision of
another regulated member;
(
d) limitation of practice to specified professional services,
restricted activities or practice settings;
(
e) refraining from practising specified professional services or
restricted activities or from practising in specific settings;
(
f) that the practice permit is valid only for a specified purpose;
(
g) limitation on supervising one or more of the following:
(
i) dental hygienists;
(ii) students of dental hygiene;
(iii) regulated members of other colleges;
(iv) students of other regulated professions;
(
h) reporting to the Registrar or the Registration Committee on
specified matters on specified dates;
(
i) limitation on the use of titles and abbreviations referred to in
section 30.
Restricted Activities
Authorized activities
13(1) General members and courtesy members are authorized, in the
practice of dental hygiene and in accordance with the standards of
practice approved by the Council, to perform the following restricted
activities:
(
a) for the purpose of assessing or treating oral health conditions
but not for the purpose of performing restoration procedures
of a permanent nature, to cut a body tissue, to administer
anything by an invasive procedure on body tissue or to
perform surgical or other invasive procedures on body tissue
below the dermis or the mucous membrane or in or below the
surface of teeth, including scaling of teeth;
(
b) to insert or remove instruments, devices, fingers or hands
beyond the pharynx for oral soft tissue examinations;
(
c) to reduce a dislocation of a temporomandibular joint for the
purpose of reducing a subluxation of the temporomandibular
joint;
(
d) to prescribe the following
Schedule 1 drugs within the
meaning of
Schedule 7.1 to the Government Organization
Act for the purpose of treating oral health conditions,
providing prophylaxis and treating emergencies:
(
i) antibiotics;
(ii) antifungal agents;
(iii) anti-infective agents;
(iv) antiviral agents;
(
v) bronchodilators;
(vi) epinephrine;
(vii) fluoride;
(viii) pilocarpine;
(ix) topical corticosteroids;
(
e) to compound, provide for selling or sell, incidentally to the
practice of dental hygiene, a
Schedule 1 drug or
Schedule 2
drug within the meaning of
Schedule 7.1 to the Government
Organization Act;
(
f) to order or apply any form of ionizing radiation in medical
radiography.
(2) A general member or a courtesy member who has provided
evidence satisfactory to the Registrar of having completed and
remaining current in the advanced training required by the Council and
who has received notification from the Registrar that the authorization
is indicated on the general register or the courtesy register is authorized
to perform the following restricted activities:
(
a) to prescribe or administer nitrous oxide for the purposes of
conscious sedation;
(
b) in collaboration with a dentist, to fit an orthodontic or
periodontal appliance for the purpose of determining the
preliminary fit of the appliance;
(
c) in collaboration with a dentist, to perform surgical or other
invasive procedures on body tissue below the surface of teeth
for the purpose of performing restoration procedures of a
permanent nature.
Restriction
14(1) Despite any authorization to perform restricted activities,
regulated members must restrict themselves in performing restricted
activities to those activities that they are competent to perform and to
those that are appropriate to the member's area of practice and the
procedure being performed.
(2) A regulated member who performs a restricted activity must do so
in accordance with the standards of practice adopted by the Council
under
section 133 of the Act.
Students
15(1) A student who is enrolled in a dental hygienist program
approved by the Council or a general member or a courtesy member
undergoing training to perform a restricted activity in a program
approved by the Council is permitted to perform the restricted
activities referred to in
section 13 with the consent of and under the
supervision of a general member or a courtesy member who is
authorized to perform those restricted activities.
(2) A student in a post-secondary health services program of studies
approved by the council of another college under the Act that includes
studies related to the restricted activities described in
section 13, is
permitted to perform those restricted activities with the consent of and
under the supervision of a general member or a courtesy member who
is authorized to perform those restricted activities.
(3) A student who is enrolled in a dental hygienist program of studies
at a post-secondary institution outside Canada who has visiting student
status in an approved dental hygienist program in Alberta and who is
participating in a clinical practicum of the program in Alberta is
permitted to perform the restricted activities described in
section 13
with the consent of and under the supervision of a general member or a
courtesy member who is authorized to perform those restricted
activities.
Supervision
16 A general member or a courtesy member who consents to
supervise a student or a general member or a courtesy member
undergoing training, described in
section 15, must be engaged by or
approved to supervise by an organization that offers a dental hygienist
program of studies approved by the Council or a post-secondary health
services program of studies approved by the council of another college
under the Act and
(
a) must be authorized to perform the restricted activity being
performed, and
(
b) must supervise by being on-site and being available to assist
the student or general member or courtesy member while the
student or member is performing the restricted activity.
Continuing Competence
Program requirements
17(1) As part of the continuing competence program, a general
member must obtain
(
a) a minimum of 45 program credits in the 3-year period that
starts on the general member's anniversary date and in each
subsequent sequential 3-year period, and
(
b) a minimum of 600 practice hours in the 3-year period that
starts on the general member's anniversary date and in each
subsequent sequential 3-year period.
(2) A person who is deemed to be a general member on the coming
into force of this Regulation or a person who becomes a general
member after the coming into force of this Regulation but before
November 1 immediately following the coming into force of this
Regulation, has as an anniversary date the November 1 immediately
following the coming into force of this Regulation.
(3) A person who becomes a general member on or after the
November 1 immediately following the coming into force of this
Regulation has as an anniversary date the November 1 immediately
following the person's registration as a general member.
(4) General members must, on the request of the Registrar, provide to
the Registrar evidence of meeting the requirements of subsection (1).
Program credits
18 To obtain program credits, a general member may undertake the
following developmental activities in accordance with any rules
approved by the Council:
(
a) attendance at an oral health-related scientific or clinical
course designed to enhance professional development;
(
b) attendance at professional development sessions on oral
health clinical practice issues;
(
c) attendance at an oral health-related study club;
(
d) self-directed study to enhance professional development;
(
e) providing oral health-related presentations, beyond regular
employment obligations, to regulated members or other
groups;
(
f) successful completion of courses toward a dental hygiene
baccalaureate or graduate degree;
(
g) presentation of a research paper or abstract at a scientific
meeting;
(
h) publication in a peer-reviewed journal;
(
i) publication in the College newsletter;
(
j) other activities approved by the Council, the Registrar or the
Competence Committee.
Continuing competence program rules
19(1) The Council may make rules governing
(
a) the program credits that may be earned for each professional
development activity;
(
b) the type and category of professional development activities
that a general member must undertake;
(
c) the eligibility of an activity to qualify for program credits;
(
d) the number of program credits that may be earned within a
specific type or category of activity;
(
e) the recognition of practice hours for the purpose of
section
17(1)(b);
(
f) the continuing competence program.
(2) The Registrar and the Competence Committee may recommend
rules or amendments to the rules to the Council.
(3) Before the Council establishes any rules or amendments to the
rules they must be distributed by the Registrar to all general members
of the College for their review.
(4) The Council may establish the rules or amendments to the rules 30
or more days after distribution under subsection (3) and after having
considered any comments received on the proposed rules or proposed
amendments to the rules.
Rule distribution
20 The Registrar must distribute the rules and any amendments to the
rules established under
section 19(4) to the general members and
provide copies on request to the Minister, regional health authorities,
and any person who requests them.
Practice visits
21(1) The Competence Committee may, as part of the continuing
competence program, undertake practice visits for the purpose of
assessing continuing competence and select a general member or a
group of general members for a practice visit.
(2) The selection of general members for practice visits must be
undertaken in accordance with the criteria approved by the Council.
(3) If the results of a practice visit are unsatisfactory, the Competence
Committee may direct a general member or a group of general
members to undertake any one or more of the following:
(
a) correct any problems identified in the practice visit;
(
b) complete specific continuing competence requirements or
professional development activities within a specified time;
(
c) complete examinations, testing, assessments, training, work
experience, education or counselling;
(
d) practise under the supervision of another general member for
a specified period of time;
(
e) limit their practice to specified professional services,
restricted activities or practice settings;
(
f) refrain from practising specified professional services,
restricted activities or in specified practice settings;
(
g) limit supervision of one or more of the following:
(
i) dental hygienists;
(ii) students of dental hygiene;
(iii) regulated members of other colleges;
(iv) students of other regulated professions;
(
h) report to the Competence Committee on specified matters on
specified dates.
Alternative Complaint Resolution
Process conductor
22 When a complainant and an investigated person have agreed to
enter into an alternative complaint resolution process, the Complaints
Director must appoint an individual to conduct the alternative
complaint resolution process.
Agreement
23 The person conducting the alternative complaint resolution
process must, in consultation with the complainant and the investigated
person, establish the procedures for and objectives of the alternative
complaint resolution process, which must be set out in writing and
signed by the complainant, the investigated person, and the
representative of the College.
Confidentiality
24 Subject to sections 59 and 60 of the Act, the complainant and the
investigated person must agree to treat all information presented during
the alternative complaint resolution process as confidential.
Leaving the process
25 The complainant or the investigated person may withdraw from
the alternative complaint resolution process at any time.
Reinstatement of Registration
and Practice Permits
Applying for reinstatement
26(1) A person whose registration and practice permit have been
cancelled under
Part 4 of the Act may apply in writing to the Registrar
to have the registration reinstated and the practice permit reissued.
(2) An application under subsection (1) may not be made earlier than
(a) 5 years from the date of cancellation, or
(
b) one year after the refusal of an application under
section
27(3)(a).
(3) An applicant under subsection (1) must provide evidence to the
Registrar of qualifications for registration.
Review and decision
27(1) An application under
section 26 must be reviewed by the
Registrar or the Registration Committee.
(2) When reviewing an application under
section 26, the Registrar or
the Registration Committee must
(
a) consider the record of the hearing at which the applicant's
registration and practice permit were cancelled, and
(
b) consider whether
(
i) the applicant meets the current requirements for
registration,
(ii) any conditions imposed at the time the applicant's
registration and practice permit were cancelled have
been met, and
(iii) the applicant is fit to practise dental hygiene and does
not pose a risk to public safety.
(3) The Registrar or the Registration Committee, on reviewing an
application, may make one or more of the following orders:
(
a) an order denying the application;
(
b) an order to reinstate the person's registration and reissue the
person's practice permit;
(
c) an order to impose specified conditions on the person's
practice permit;
(
d) an order directing the person making the application to pay
any or all of the College's expenses incurred in respect of the
application as provided for in the bylaws;
(
e) any order that the Registrar or Registration Committee
considers necessary for the protection of the public.
Review of decision
28(1) An applicant whose application is denied or on whose practice
permit conditions have been imposed under
section 27 may apply to
the Council for a review of the decision of the Registrar or Registration
Committee.
(2) Sections 31 and 32 of the Act apply to a review under subsection
(1).
Access to decisions
29(1) The Registrar or Registration Committee, under
section 27(3),
and the Council, under
section 28(1), may order that its decision be
published in a manner it considers appropriate.
(2) The College must make the decisions under sections 27(3) and
28(1) available for 5 years to the public on request.
Titles
Titles, abbreviations
30(1) Subject to any order made under
Part 4 of the Act, a ratified
settlement or any conditions on the practice permit imposed under
section 12 or an order made under
section 27 or 28, a general member
and a courtesy member may use one or more of the following titles and
abbreviations:
(
a) registered dental hygienist;
(
b) dental hygienist;
(
c) RDH;
(
d) DH.
(2) A general member and a courtesy member may use the words
"registered", "regulated" and the phrase "regulated health
professional".
(3) A general member and a courtesy member who holds a doctorate
degree in dental hygiene from a program approved by the Council
may, alone or in conjunction with other words in connection with
providing a health service, use one or both of the following title and
abbreviation:
(
a) Doctor;
(
b) Dr.
Information
Requested information
31(1) An applicant for registration, a general member and a courtesy
member must provide the following information in addition to that
required under
section 33(3) of the Act, on the initial application for
registration, when there are any changes to the information or at the
request of the Registrar:
(
a) full legal name, and if applicable, previous surnames;
(
b) gender;
(
c) date of birth;
(
d) home address, telephone number, e-mail address and fax
number;
(
e) academic and practical training qualifications;
(
f) name of the academic institution from which the member
graduated;
(
g) year of graduation;
(
h) place of employment;
(
i) employer's name, address, telephone number, e-mail address
and fax number;
(
j) type of facility in which the regulated member practises;
(
k) job title and position description;
(
l) number of working hours employed in the practice of dental
hygiene for the previous year;
(
m) employment history;
(
n) area of practice and specialities;
(
o) languages in which the member can provide professional
service;
(
p) other jurisdictions in which the member is registered to
practise dental hygiene;
(
q) whether the member is a registered member of another health
profession and whether the member is providing professional
services regulated by that profession's College.
(2) Subject to
section 34(1) of the Act, the College may disclose the
information collected under subsection (1)
(
a) with the consent of the general member or courtesy member
whose information it is, or
(
b) in a summarized or statistical form so that it is not possible to
relate the information to any particular identifiable person.
Section 119 information
32 The periods of time during which the College is to provide
information under
section 119(4) of the Act are as follows:
(
a) information referred to in
section 33(3) of the Act entered in
a register for a general member or a courtesy member, while
the member is registered as a regulated member of the
College and for 2 years after ceasing to be registered, except
for the information referred to in
section 33(3)(
h) of the Act;
(
b) information referred to in
section 119(1) of the Act
respecting
(
i) the suspension of a general member's or a courtesy
member's practice permit, while the suspension is in
effect and for 5 years after the period of suspension has
expired,
(ii) the cancellation of a general member's or a courtesy
member's practice permit for 5 years after the
cancellation,
(iii) the conditions imposed on a general member's or a
courtesy member's practice permit, while the conditions
are in effect,
(iv) the directions made that a general member or a courtesy
member cease providing professional services, while the
directions are in effect, and
(
v) the imposition of a reprimand or fine under
Part 4 of the
Act, for 5 years after the imposition of the reprimand or
fine;
(
c) information as to whether a hearing is scheduled to be held
under
Part 4 of the Act with respect to a named general
member or courtesy member, until the hearing is concluded;
(
d) information respecting
(
i) whether a hearing has been held under
Part 4 of the Act
with respect to a named general member or courtesy
member, for 5 years from the date the hearing is
concluded, and
(ii) a decision and a record of the hearing referred to in
section 85(3) of the Act of a hearing held under
Part 4
of the Act, for 5 years after the date the hearing tribunal
rendered its decision.
Transitional Provisions, Repeals
and Coming into Force
Transitional
33 On coming into force of this Regulation, a registered member
described in
section 6 of
Schedule 5 to the Act is deemed to be entered
on the general register.
Repeal
34 The Dental Hygienists Regulation (AR 302/96) is repealed.
Coming into force
35 This Regulation comes into force on the coming into force of
Schedule 5 to the Health Professions Act.
--------------------------------
Alberta Regulation 256/2006
Drug-endangered Children Act
DRUG-ENDANGERED CHILDREN REGULATION
Filed: October 25, 2006
For information only: Made by the Lieutenant Governor in Council (O.C. 511/2006)
on October 25, 2006 pursuant to
section 6 of the Drug-endangered Children Act.
Table of Contents
1 Definition
2 Practice and procedure
3 Non-compliance with this Regulation
4 Forms
5 Expiry
6 Coming into force
Schedule
Definition
1 In this Regulation, "Act" means the Drug-endangered Children
Act.
Practice and procedure
2 In any matter not provided for in the Act or this Regulation, a judge
of the Court or a justice of the peace may
(
a) follow the Alberta Rules of Court (AR 390/68) and the
procedures of the Court of Queen's Bench, and
(
b) give directions respecting any practice or procedure in the
Court or when hearing an application under the Act.
Non-compliance with this Regulation
3(1) Unless a judge of the Court or a justice of the peace so directs,
non-compliance with this Regulation does not render any action or
proceeding void.
(2) Despite subsection (1), a judge of the Court or a justice of the
peace may direct that the action or proceeding be set aside or amended
or otherwise dealt with.
(3) No proceeding shall be defeated on the ground of an alleged defect
in form.
Forms
4 The forms to be used in an application under the Act are the forms
in the Schedule.
Expiry
5 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be
repassed in its present or an amended form following a review, this
Regulation expires on July 31, 2016.
Coming into force
6 This Regulation comes into force on the coming into force of the
Drug-endangered Children Act.
Schedule
Form 1
In the Provincial Court of Alberta
In the Matter of
, born (yyyy/mm/dd)
, born (yyyy/mm/dd)
, born (yyyy/mm/dd)
A Child within the Meaning of
the Drug-endangered Children Act
Heard Before
- The Honourable Judge
(specify day) day, the
- Justice of the Peace (number) day of
(month) , (year)
at , Alberta.
Facsimile of
Apprehension Order
- (name of applicant) authorized by a director
- (name of applicant) , a police officer,
has applied for an order authorizing the apprehension of the child;
AND upon being satisfied that the requirements of
section 2 of the Act
have been complied with;
AND the applicant has reasonable and probable grounds to believe that
the child is a drug-endangered child;
IT IS ORDERED THAT the director or a police officer may apprehend
the child forthwith;
IT IS ORDERED THAT a director or police officer, or (name) ,
may enter (place or premises) ,
using force if necessary, in order to search for and apprehend the child.
(name of Judge or Justice of the Peace - please PRINT)
Form 2
Application for an Apprehension Order
Docket #
In the Provincial Court of Alberta
In the Matter of an Application under
section 2
of the Drug-endangered Children Act
Regarding the child
, born (yyyy/mm/dd)
, born (yyyy/mm/dd)
, born (yyyy/mm/dd)
1 My name is (name of applicant) .
- I have the authority to act for a director.
- I am a police officer.
Application
2 I am applying for an order
- authorizing the director to apprehend the child
- authorizing a police officer to apprehend the child
- authorizing the director or a police officer or * to
enter, by force if necessary, the place or premises specified in
my affidavit below, and to search for and apprehend the child
(* Fill in this space only if someone who is not a director's delegate will be
entering the premises.)
Affidavit
3 In support of my application, I make oath and say that
- I have reasonable and probable grounds to believe that the
child is a drug-endangered child because
- I have reasonable and probable grounds to believe that the
child may be found at the following address:
(address)
(address)
- An application for an apprehension order regarding the child
was previously applied for and denied on (yyyy/mm/dd) .
(Applicant's signature) (yyyy/mm/dd)
SWORN BEFORE ME at (city or town)
in the Province of Alberta on (yyyy/mm/dd)
(Commissioner for Oaths)
Alberta Regulation 257/2006
Government Organization Act
DESIGNATION AND TRANSFER OF RESPONSIBILITY
AMENDMENT REGULATION
Filed: October 25, 2006
For information only: Made by the Lieutenant Governor in Council (O.C. 515/2006)
on October 25, 2006 pursuant to
section 16 of the Government Organization Act.
1 The Designation and Transfer of Responsibility
Regulation (AR 44/2001) is amended by this Regulation.
Section 3(1) is amended by repealing clause (gg).
Section 4 is amended
(
a) in subsection (1) by repealing clause (g);
(
b) by adding the following after subsection (1.3):
(1.4) The responsibility for the Social Care Facilities
Licensing Act is transferred to the common responsibility of the
Minister of Children's Services and the Minister of Seniors and
Community Supports.
Section 12(1) is amended by repealing clause (y).
Section 14.1(1) is amended by repealing clause (b).
--------------------------------
Alberta Regulation 258/2006
Alberta Capital Finance Authority Act
ALBERTA CAPITAL FINANCE AUTHORITY REGULATION
Filed: October 25, 2006
For information only: Made by the Lieutenant Governor in Council (O.C. 518/2006)
on October 25, 2006 pursuant to
section 35 of the Alberta Capital Finance Authority
Act.
Financial services
1 In addition to the financial services referred to in
section 21(
a) and
(
b) of the Alberta Capital Finance Authority Act, the Alberta Capital
Finance Authority is authorized to provide the following financial
services:
(
a) the financing of existing capital projects, public works,
buildings or other structures;
(
b) the refinancing of existing or on-going capital projects,
public works, buildings or other structures.
Expiry
2 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be
repassed in its present or an amended form following a review, this
Regulation expires on September 30, 2016.
--------------------------------
Alberta Regulation 259/2006
Insurance Act
AUTOMOBILE ACCIDENT INSURANCE BENEFITS
AMENDMENT REGULATION
Filed: October 25, 2006
For information only: Made by the Lieutenant Governor in Council (O.C. 520/2006)
on October 25, 2006 pursuant to
section 629 of the Insurance Act.
1 The Automobile Accident Insurance Benefits
Regulations (AR 352/72) are amended by this Regulation.
Schedule "A",
Section B - Accident Benefits, Subsection
2 - Death, Grief Counselling, Funeral and Total Disability is
amended
(
a) in
Part 1 - Death, Grief Counselling and Funeral
Benefits,
(
i) by striking out "A Subject to" and substituting
"Subject to";
(ii) by striking out "to the amount of $2000" and
substituting "to the amount of $5000";
(
b) in
Part II - Total Disability, under the heading
"Amount of Weekly Benefit-"
(
i) in clause (
a) by striking out "$300 per week" and
substituting "$400 per week";
(ii) by striking out "an insured person who is not" and
substituting "an insured person who is 18 years of
age or over and who is not";
(iii) by striking out "receive $100" and substituting
"receive $135";
(
c) in
Part II - Total Disability, under the heading
"Subsection 2(A) - Supplemented Benefits
Respecting Accidents Occurring Outside Alberta in
a No-fault Jurisdiction" by striking out "2A(1)" and
substituting "(1)".
3 This Regulation comes into force on March 1, 2007 and
applies in respect of accidents involving an automobile that
occur on or after that date.
--------------------------------
Alberta Regulation 260/2006
Insurance Act
MINOR INJURY AMENDMENT REGULATION
Filed: October 25, 2006
For information only: Made by the Lieutenant Governor in Council (O.C. 521/2006)
on October 25, 2006 pursuant to
section 650.1 of the Insurance Act.
1 The Minor Injury Regulation (AR 123/2004) is amended
by this Regulation.
Section 1 is amended by adding the following after
clause (h):
(h.1) "minor injury amount" means the total amount recoverable
under
section 6 as damages for non-pecuniary loss for all
minor injuries sustained by a claimant as a result of an
accident;
Section 6 is repealed and the following is substituted:
Damages recoverable for non-pecuniary
loss for minor injuries
6(1) In this section, "Alberta CPI" means the Consumer Price
Index for Alberta published by Statistics Canada.
(2) Subject to this
section and
section 7(2)(a), for the purposes of
section 650.1(2) of the Act, the total amount recoverable as
damages for non-pecuniary loss for all minor injuries sustained by
a claimant as a result of an accident is $4000.
(3) For the 2007 and subsequent calendar years, the minor injury
amount shall be increased annually, with effect from January 1, by
an amount equal to
(
a) the minor injury amount for the previous calendar year,
multiplied by
(
b) the annual change in the Alberta CPI, determined in
accordance with subsection (4) and rounded to 1/10 of a
percentage point.
(4) For the purposes of subsection (3)(b), the change in the
Alberta CPI is the amount determined by the formula
where
X is the annual change in the Alberta CPI;
A is the sum of the 12 individual monthly Alberta CPI indexes
for the 12-month period ending on September 30 of the
calendar year that ended before the commencement of the
calendar year for which the increase is being calculated;
B is the sum of the 12 individual monthly Alberta CPI indexes
for the 12-month period immediately preceding the
12-month period referred to in A.
(5) If the annual change is a negative number, that negative
number shall be treated as if it were zero.
(6) The minor injury amount for a calendar year after 2006 applies
only in respect of accidents that occur during that calendar year.
(7) The Superintendent shall publish the following information in
The Alberta Gazette before the end of each calendar year:
(
a) the minor injury amount for the following calendar
year;
(
b) the Superintendent's calculation of that amount.
Section 7(2) is amended by striking out "$4000" wherever
it occurs and substituting "the minor injury amount".
--------------------------------
Alberta Regulation 261/2006
Insurance Act
AUTOMOBILE INSURANCE PREMIUMS
AMENDMENT REGULATION
Filed: October 25, 2006
For information only: Made by the Lieutenant Governor in Council (O.C. 522/2006)
on October 25, 2006 pursuant to
section 660.2 of the Insurance Act.
1 The Automobile Insurance Premiums Regulation
(AR 124/2004) is amended by this Regulation.
Section 3(4) is repealed.
Schedule 1,
section 1(1)(
a) is amended
(
a) by striking out "but does not include";
(
b) by repealing subclauses (iii) and (iv).
Schedule 1,
section 1(1)(
c) is amended by adding "within
the previous 15 years before the date on which the application for basic
coverage is made" after "combined time".
Schedule 1,
section 5(3) is amended by striking out "to a
maximum of 15 years' driving experience,".
Schedule 1,
section 6(1)(
b) is amended in the description
of element B by striking out "for driving convictions".
Schedule 3,
section 2 is amended by adding the
following after subsection (4):
(5) The base premium effective November 1, 2005, as changed by
the Board in accordance with subsections (2)(a), (3) and (4), is as
follows:
Policyholder's
choice of
coverage
Territory
Edmonton
territory
Calgary
territory
Rest of
Alberta
territory
$200 000
$1616
$1528
$1222
$250 000
$1668
$1577
$1262
$300 000
$1704
$1611
$1289
$400 000
$1762
$1665
$1332
$500 000
$1806
$1707
$1366
$750 000
$1845
$1744
$1395
$1 million
$1901
$1797
$1438
$2 million
$2072
$1959
$1567
(6) The base premium effective November 1, 2006, as changed by
the Board in accordance with subsections (2)(b), (3) and (4), is as
follows:
Policyholder's
choice of
coverage
Territory
Edmonton
territory
Calgary
territory
Rest of
Alberta
territory
$200 000
$1567
$1524
$1220
$250 000
$1618
$1574
$1259
$300 000
$1653
$1607
$1286
$400 000
$1709
$1662
$1330
$500 000
$1751
$1704
$1363
$750 000
$1789
$1740
$1392
$1 million
$1844
$1793
$1435
$2 million
$2009
$1955
$1564
Schedule 4 is repealed and the following is substituted:
Schedule 4
Surcharges for At-fault Accidents
and Driving Convictions
Surcharges for driving convictions
1(1) The total of the percentages determined under subsections
(2) and (3) is the percentage to be included in element B of the
formula described in
Schedule 1,
section 6(1).
(2) A percentage is to be determined for a driver in accordance
with Table 1 for each of the following:
(
a) for serious traffic safety convictions on a driver's
abstract within the 3 years before the effective date of
basic coverage or renewal of basic coverage;
(
b) for traffic safety convictions on a driver's abstract
within the 3 years before the effective date of basic
coverage or renewal of basic coverage;
(
c) for criminal code convictions on a driver's abstract
within the 4 years before the effective date of basic
coverage or renewal of basic coverage.
(3) A percentage is to be determined for a driver in accordance
with Table 2 for a driver who in the 3 years before the application
for basic coverage has had 2 or more at-fault claims.
Table 1
Number of
convictions
Surcharge for
Traffic
safety
convictions
Serious
traffic safety
convictions
Criminal Code
convictions
25%
300%
25%
50%
450%
35%
100%
For each additional
conviction, add
150 percentage
points to the
immediately
preceding
percentage
50%
200%
75%
400%
100%
800%
7 or
more
For each
additional
conviction,
double the
immediately
preceding
percentage
For each
additional
conviction,
double the
immediately
preceding
percentage
Table 2
Surcharge for at-fault claims in a 3-year period
Number of at-fault claims
Percentage to be added
30%
For each additional at-fault claim, add 15 percentage points to the
immediately preceding percentage
Definitions
2 In this Schedule,
(a) "at-fault claim" means at-fault claim as defined in
Schedule 1;
(b) "criminal code conviction" means a conviction for an
offence under
section 130 of the National Defence Act
(Canada) or for any of the following offences under the
Criminal Code (Canada):
Description of offence
(for convenience of reference only)
Criminal
Code
Section
Number
Criminal negligence causing death committed by
means of a motor vehicle
Criminal negligence causing bodily harm committed
by means of a motor vehicle
Manslaughter committed by means of a motor
vehicle
Dangerous operation of a motor vehicle
249(1)
Dangerous operation of a motor vehicle causing
bodily harm
249(3)
Dangerous operation of a motor vehicle causing
death
249(4)
Failing to stop a motor vehicle while being pursued
by peace officer
249.1(1)
Failing to stop a motor vehicle causing bodily harm
or death while being pursued by peace officer
249.1(3)
Failing to stop at scene of accident
252(1)
Failing to stop at scene of accident knowing bodily
harm has been caused
252(1.2)
Failing to stop at scene of accident knowing death
has been caused or reckless re bodily harm causing
death
252(1.3)
Impaired driving or over .08
Failing or refusing to provide a blood or breath
sample on demand
Impaired driving causing bodily harm
255(2)
Impaired driving causing death
255(3)
Operating a motor vehicle while disqualified
259(4)
(c) "driver abstract" means the abstract of the driving
record referred to in
section 5(1) of the Access to Motor
Vehicle Information Regulation (AR 140/2003) or a
similar document of another province or territory in
Canada;
(d) "serious traffic safety conviction" means a conviction
for any of the following offences under the Traffic
Safety Act, or a conviction for an offence that is
substantially similar under an enactment of Canada,
other than the Criminal Code (Canada), or of another
province or territory:
Description of offence
(for convenience of
reference only)
Enactment and
section number
Traffic
Safety Act
Use of
Highway
and Rules
of the
Road
Regulation
Failing to remain at scene of accident
69(1)
Driver failing to make accident report
71(1)
Improper passing in school zone or
playground zone
Drive a motor vehicle during a
prohibited period of time
51(
g) Novice driver - presence of alcohol
suspension
90(4)(
c) and
(
d) Speeding in school zone or playground
zone
107(2) and
108(1)(
h) Speeding (general) - exceeding limit
by more than 50 kph
115(2)(
p) Speeding (construction zone) -
exceeding limit by more than 50 kph
115(2)(p.1)
and (p.2)
Speeding (passing emergency vehicle)
- exceeding limit by more than 50 kph
115(2)(
t) Speeding (flashing yellow light
crossing) - exceeding limit by more
than 50 kph
53(5)(
c) Careless driving
115(2)(
b) Racing
115(2)(
c) Driving on a bet or wager
115(2)(
d) Failing to stop for a school bus
72(1)
Driving while unauthorized
94(2)
Failing to stop school bus, vehicle
carrying explosives, etc. at
uncontrolled railway crossing
42(5)
Failing to stop for a peace officer
166(2)
(e) "traffic safety conviction" means a conviction for any of the
following offences under the Traffic Safety Act, or a
conviction for an offence that is substantially similar under
an enactment of Canada, other than the Criminal Code
(Canada), or of another province or territory:
Description of offence
(for convenience of
reference only)
Enactment and
section number
Traffic
Safety
Act
Use of
Highway
and Rules
of the
Road
Regulation
Speeding - unreasonable rate of speed
2(1)(
a) Speeding (general) - exceeding limit by up
to 15 kph
115(2)(
p) Speeding (construction zone) - exceeding
limit by up to 15 kph
115(2)(p.1)
and (p.2)
Speeding (passing emergency vehicle) -
exceeding limit by up to 15 kph
115(2)(
t) Speeding (flashing yellow light crossing) -
exceeding limit by up to 15 kph
53(5)(
c) Speeding (general) - exceeding limit by
over 15 but not more than 30 kph
115(2)(
p) Speeding (construction zone) - exceeding
limit by over 15 but not more than 30 kph
115(2)(p.1)
and (p.2)
Speeding (passing emergency vehicle) -
exceeding limit by over 15 but not more
than 30 kph
115(2)(
t) Speeding (flashing yellow light crossing) -
exceeding limit by over 15 but not more
than 30 kph
53(5)(
c) Speeding (general) - exceeding limit by
over 30 but not more than 50 kph
115(2)(
p) Speeding (construction zone) - exceeding
limit by over 30 but not more than 50 kph
115(2)(p.1)
and (p.2)
Speeding (passing emergency vehicle) -
exceeding limit by over 30 but not more
than 50 kph
115(2)(
t) Speeding (flashing yellow light crossing) -
exceeding limit by over 30 but not more
than 50 kph
53(5)(
c) Following too close
Failing to notify owner
(
a) of an unattended vehicle
damaged in accident
(
b) of property damaged in
accident
69(2)(a)
69(2)(
b) Failing to stop, etc. when meeting oncoming
vehicle on narrow roadway
Passing on hill or curve or near railway
crossing
19(1)
Passing on left when view obstructed or
traffic present on left side of highway
Failing to pass on left in safe manner or
failing to return to right side of roadway in
safe manner
21(1)
Overtaking another vehicle by driving off
the roadway, in a parking lane or when
unsafe
Passing another vehicle stopped at
crosswalk
41(2)
Driving left of centre line
12(1)
Driving wrong way on one-way highway
Impeding passing vehicle
21(2)
Impeding passing vehicle - multi-lane
highway
22(2)(
b) Failing to yield right of way to a vehicle
(
a) at an intersection, or turning
left unsafely
(
b) at yield sign
(
c) in traffic circle
(
d) at merge sign
(
e) at green light or green arrow
(
f) at flashing yellow light
50, 51
52(1), (3)-(5)
53(3)
Failing to yield right of way to a pedestrian
(
a) at an alley entrance or driveway
(
b) in a crosswalk
(
c) at a green light or green arrow
(
d) at flashing yellow light at
intersection
(
e) at flashing yellow light
not at intersection
(
f) at flashing yellow light with zone
sign or symbol
36(3)
41(1)
52(1)-(5)
53(3)
53(4)
53(5)(
d) Failing to stop
(
a) before entering highway
(
b) at a stop sign
(
c) for an emergency vehicle
sounding siren
(
d) at railway crossing when a train
is approaching
(
e) within prescribed distance from
railway when stop sign
(
f) at yellow light at intersection
(
g) at yellow light not at intersection
(
h) at red light at intersection
(
i) at red light not at intersection
(
j) at flashing red light at intersection
(
k) at flashing red light not at
intersection
36(2)
65(1)
42(2)
42(4)(a)
53(1)
53(2)
54(1)(a)
54(4)
54(5)(a)
54(6)(
a) Unauthorized following within 150 metres
of emergency vehicle sounding siren or with
flashing lights or both
65(2)
Driving around barrier at railway crossing
42(3)
Proceeding when unsafe
(
a) after stopping at intersection
(
b) after stopping for stop sign at
railway crossing
(
c) after stopping for school bus
(
d) after stopping for red light at
intersection
(
e) after stopping for flashing red
light at intersection
(
f) after stopping for flashing red
light not at intersection
42(4)(b)
72(2)
54(1)(b)
54(5)(b)
54(6)(
b) Stunting
115(2)(
f) Traffic lane violation
(
a) slow moving vehicle in incorrect
lane
(
b) driving at less than maximum
speed in designated fast lane
outside an urban area
(
c) improperly crossing solid or
broken lines or driving
improperly on left side of
broken lines on 2-way highway
(
d) making unsafe lane change
(
e) failing to drive in centre of
marked lane
(
f) occupying 2 lanes
(
g) improperly driving in centre
lane of 3 lane highway
(
h) driving in lane marked with "X"
2(1)(b)
15(1)
15(4)
15(5)
15(6)
16(1)
27(4)
Failing to obey instruction of traffic control
device
Slow driving impeding or blocking traffic
2(1)(
c) Driving at less than minimum speed
115(2)(
q) Failing to obey direction of peace officer to
increase speed, etc.
2(4)
Failing to signal
(
a) when changing lanes
(
b) when turning left or right
(
c) when stopping
15(2)
Failing to make proper signal when starting,
turning or changing the course or direction
of a vehicle or stopping a vehicle on a
highway
9(
b) Improper turns
(
a) when turning right
(
b) when turning left
(
c) failing to obey traffic control
device
(
d) making U-turn unsafely or
where prohibited
(
e) making U-turn with a school
bus where prohibited
27(1), (2)
29, 30
Backing up vehicle unsafely or where
prohibited
32, 33
Fail to ascertain sufficient space for
movement
9(a)
9 This Regulation applies to an application for basic
coverage made on or after January 1, 2007 and to an
application for a renewal of basic coverage made on or after
February 1, 2007.
--------------------------------
Alberta Regulation 262/2006
Public Sector Pension Plans Act
PUBLIC SECTOR PENSION PLANS (LEGISLATIVE PROVISIONS)
(MISCELLANEOUS CHANGES, 2006) AMENDMENT REGULATION
Filed: October 25, 2006
For information only: Made by the Lieutenant Governor in Council (O.C. 525/2006)
on October 25, 2006 pursuant to
section 12 of Schedules 1, 2, 4, 5 and 6 of the Public
Sector Pension Plans Act.
1 The Public Sector Pension Plans (Legislative Provisions)
Regulation (AR 365/93) is amended by this Regulation.
Section 13(3) is amended by striking out "2006" and
substituting "2007".
Section 21(1) is amended by changing the reference at
the beginning of clause (
l) from "(l)" to "(m)", by changing
the reference at the beginning of clause (
m) from "(m)" to
"(l)" and by reversing the order accordingly.
Section 4.1(3) of each of Schedules 1, 2, 4 and 5 are
amended by striking out "exclusive accounting practice, within
the meaning of the Chartered Accountants Act" and substituting
"public accounting practice, within the meaning of the Regulated
Accounting Profession Act".
Schedule 1 is amended in
section 25 by striking out "31"
and substituting "35".
Schedule 4 is amended in
section 2.1 by adding the
following after clause (b):
(b.1) cost-of-living increases for pensions referred to in
section
4(1)(
j) and (9) of the Act Schedule, including calculations of
commuted values that include the value of such increases,
Section 2.1(b.1) of
Schedule 4, as incorporated by
section 6, is repealed one day after the Special Forces
Pension Plan (COLA Increases 2006) Amendment
Regulation comes into force.
--------------------------------
Alberta Regulation 263/2006
Public Sector Pension Plans Act
SPECIAL FORCES PENSION PLAN (COLA INCREASES 2006)
AMENDMENT REGULATION
Filed: October 25, 2006
For information only: Made by the Lieutenant Governor in Council (O.C. 526/2006)
on October 25, 2006 jointly with the Special Forces Pension Board pursuant to
section 4 of
Schedule 4 of the Public Sector Pension Plans Act.
1 The Special Forces Pension Plan (AR 369/93) is
amended by this Regulation.
Section 34.1 is amended by adding the following after
subsection (4):
(4.1) Calculations of commuted values under Subdivisions B of
Divisions 1, 2 and 3 are to include the value of post-1991 COLA
benefits whose amount has been set by Subdivision B of Division 4
with effect from a time that is prior to the time as of which the
benefit is determined.
3 Sections 77 and 78 are repealed with effect as at the end
of August
Section 78.1 is repealed with total retroactive effect and
is deemed never to have been enacted.
5 The following is added before Division 5:
Cost-of-living increases
78.2(1) Pension increases under this
section are to be calculated
by reference to cost-of-living increases in accordance with
section
75(3) to (6), with the reference in
section 75(5) to
section 80 being
deemed a reference to
section 93.
(2) Without limiting subsection (1), increases under this
section
are to be applied to the periods
(
a) of postponement under
section 54, and
(
b) between termination and the commencement of deferred
pensions under
section 72(d).
(3) Pensions are increased relative to that part of the pensions that
is payable with respect to pensionable service from January 1,
1992 to December 31, 1995.
(4) Subsections (1), (2) and (3) are to be treated as having come
into force on January 1, 1997.
(5) Pensions are increased relative to that part of the pensions that
is payable with respect to pensionable service from January 1,
1996 to December 31, 1998.
(6) Subsection (5) is to be treated as having come into force on
January 1, 1999.
(7) Pensions are increased relative to that part of the pensions that
is payable with respect to pensionable service from January 1,
1999 to December 31, 2000.
(8) Subsection (7) is to be treated as having come into force on
January 1, 2006.
6 Form 1 of
Schedule 1 is amended
(
a) by repealing paragraph 3 and substituting the
following:
3. I understand that if in fact I am the pensioner's pension
partner at pension commencement, the Plan requires that
the pensioner take a form of pension which, if the
pensioner dies before I do, will continue to be paid to me
for my lifetime in an amount equal to 65% of the amount
that would have been payable to the pensioner had we
both continued to live. This means that if the pensioner
starts to receive a pension and dies before I do, survivor
payments equal to 65% of that amount will continue to
me for my lifetime.
(
b) in paragraph 5 by striking out "minimum 2/3 joint and".
7 Sections 1 and 2 are deemed to have come into force on
January 1, 1997.
--------------------------------
Alberta Regulation 264/2006
Municipal Government Act
ELECTRIC ENERGY GENERATION EXEMPTION REGULATION
Filed: October 25, 2006
For information only: Made by the Lieutenant Governor in Council (O.C. 548/2006)
on October 25, 2006 pursuant to
section 603 of the Municipal Government Act.
Electric power systems exempt from taxation
1 Notwithstanding sections 358, 359.1(4) and 359.2(4) of the Act, the
Minister may in respect of a taxation year, to any extent the Minister
considers appropriate, exempt electric power systems intended for or
used in the generation of electricity from taxation for the purpose of
raising revenue needed to pay the requisitions referred to in
section
326(a)(ii) and (iii) of the Act.
Repeal
2 The Electric Energy Generation Exemption Regulation
(AR 171/2004) is repealed.
Expiry
3 This Regulation is made under
section 603(1) of the Act and is
subject to repeal under
section 603(2) of the Act.
Coming into force
4 This Regulation comes into force on January 1, 2007.
--------------------------------
Alberta Regulation 265/2006
Municipal Government Act
EXTENSION OF LINEAR PROPERTY REGULATION
Filed: October 25, 2006
For information only: Made by the Lieutenant Governor in Council (O.C. 549/2006)
on October 25, 2006 pursuant to
section 603 of the Municipal Government Act.
Linear property includes electric power system
1 Notwithstanding
section 284(1)(k)(
i) of the Act, linear property is
to be construed as including an electric power system intended for or
used in the generation of electricity owned or operated by a person
whose rates are not controlled or set by the Public Utilities Board or by
a municipality or under the Small Power Research and Development
Act but not including, unless the Minister otherwise directs, an electric
power system that is owned or operated by a person generating or
proposing to generate electricity solely for the person's own use.
Repeal
2 The Extension of Linear Property Regulation (AR 172/2004) is
repealed.
Expiry
3 This Regulation is made under
section 603(1) of the Act and is
subject to repeal under
section 603(2) of the Act.
Coming into force
4 This Regulation comes into force on January 1, 2007.
--------------------------------
Alberta Regulation 266/2006
Provincial Court Act
Court of Queen's Bench Act
PROVINCIAL COURT JUDGES AND MASTERS IN CHAMBERS
COMPENSATION AMENDMENT REGULATION
Filed: October 25, 2006
For information only: Made by the Lieutenant Governor in Council (O.C. 555/2006)
on October 25, 2006 pursuant to
section 9.52 of the Provincial Court Act and
section
16 of the Court of Queen's Bench Act.
1 The Provincial Court Judges and Masters in Chambers
Compensation Regulation (AR 176/98) is amended by this
Regulation.
Section 1 is amended by adding the following after
subsection (3):
(3.1) For the period April 1, 2003 to March 31, 2004,
(
a) the salary to be paid to the Chief Judge is $215 000 per
year,
(
b) the salary to be paid to an assistant chief judge is
$207 500 per year, and
(
c) the salary to be paid to the other full-time judges is
$200 000 per year.
(3.2) For the period April 1, 2004 to March 31, 2005,
(
a) the salary to be paid to the Chief Judge is $225 000 per
year,
(
b) the salary to be paid to an assistant chief judge is
$217 500 per year, and
(
c) the salary to be paid to the other full-time judges is
$210 000 per year.
(3.3) For the period April 1, 2005 to March 31, 2006,
(
a) the salary to be paid to the Chief Judge is $235 000 per
year,
(
b) the salary to be paid to an assistant chief judge is
$227 500 per year, and
(
c) the salary to be paid to the other full-time judges is
$220 000 per year.
(3.4) For the period April 1, 2006 to March 31, 2009,
(
a) the salary to be paid to the Chief Judge is $235 000 per
year,
(
b) the salary to be paid to an assistant chief judge is
$227 500 per year, and
(
c) the salary to be paid to the other full-time judges is
$220 000 per year.
Section 2 is amended
(
a) by adding the following after subsection (2.1):
(2.2) For the period April 1, 2003 to March 31, 2004, the
remuneration to be paid to a supernumerary judge for holding a
sitting or otherwise acting as a supernumerary judge is $1000
for each day or partial day.
(2.3) For the period April 1, 2004 to March 31, 2005, the
remuneration to be paid to a supernumerary judge for holding a
sitting or otherwise acting as a supernumerary judge is $1030
for each day or partial day.
(2.4) For the period April 1, 2005 to March 31, 2006, the
remuneration to be paid to a supernumerary judge for holding a
sitting or otherwise acting as a supernumerary judge is $1060
for each day or partial day.
(2.5) For the period April 1, 2006 to March 31, 2009, the
remuneration to be paid to a supernumerary judge for holding a
sitting or otherwise acting as a supernumerary judge is $1060
for each day or partial day.
(
b) by repealing subsection (3) and substituting the
following:
(3) In addition to the remuneration referred to in this section, a
supernumerary judge is entitled to the remuneration and
benefits referred to in sections 4 and 5.
Schedule 2 is amended
(
a) in
section 1 by repealing clause (k);
(
b) by repealing
section 8(1) and substituting the
following:
Amount of benefit
8(1) Effective April 1, 2006, the benefit amount for a
participant, which is effective on completion of the elimination
period, is 70% of the monthly salary paid to a judge who is
performing regular duties, based on the appropriate salary level
set from time to time pursuant to
section 1 of the Provincial
Court Judges and Masters in Chambers Compensation
Regulation.
(
c) by repealing
section 8.1.
5 This Regulation is deemed to have come into force on
April 1, 2006.
--------------------------------
Alberta Regulation 267/2006
Provincial Court Act
Court of Queen's Bench Act
PROVINCIAL JUDGES AND MASTERS IN CHAMBERS REGISTERED
AND UNREGISTERED PENSION PLANS AMENDMENT REGULATION
Filed: October 25, 2006
For information only: Made by the Lieutenant Governor in Council (O.C. 556/2006)
on October 25, 2006 pursuant to
section 9.52 of the Provincial Court Act and
section
16 of the Court of Queen's Bench Act.
1 The Provincial Judges and Masters in Chambers
Registered and Unregistered Pension Plans (AR 196/2001)
are amended by this Regulation.
Schedule 1 is amended
(
a) in
section 14(1) by repealing clause (
b) and
substituting the following:
(b) "highest average salary" means, subject to subsection
(2), the average of a person's annual salaries,
(
i) if that person terminated before April 1, 2006, in
the 5 or, if less than 5, the total number of
consecutive years (whether before or after or partly
before and partly after the beginning of 1992) of
the following service over which the average of the
salaries was the highest, namely
(
A) the person's pensionable service, and
(
B) any further service that would be pensionable
service but only for its occurring between the
maximum benefit accrual date and the latest
pension accrual date,
(ii) if that person terminated after March 31, 2006, in
the 3 or, if less than 3, the total number of
consecutive years specified in subclause (i);
(
b) in
section 15(1) by repealing clause (
b) and
substituting the following:
(b) "highest average capped salary" means, subject to
subsection (2), the average of a person's annual capped
salaries,
(
i) if that person terminated before April 1, 2006,
(
A) to the extent that the benefit is based on
pensionable service before April 1, 1998, in
the 5 or, if less than 5, the total number of
consecutive years, and
(
B) to the extent that the benefit is based on
pensionable service after March 31, 1998, in
the 3 or, if less than 3, the total number of
consecutive years,
(ii) if that person terminated after March 31, 2006, in
the 3 or, if less than 3, the total number of
consecutive years,
(whether before or after or partly before and partly after
the beginning of 1992) of the following service over
which the average of the capped salaries was the
highest, namely the person's pensionable service and
any further service that would be pensionable service
but only for its occurring between the maximum benefit
accrual date and the latest pension accrual date;
Section 15(1) of
Schedule 2 is amended by repealing
clause (
b) and substituting the following:
(b) "highest average salary" means, subject to subsection (2), the
average of a person's annual salaries,
(
i) if that person terminated before April 1, 2006,
(
A) to the extent that the benefit is based on
pensionable service before April 1,1998, in the 5
or, if less than 5, the total number of consecutive
years, and
(
B) to the extent that the benefit is based on
pensionable service after March 31, 1998, in the 3
or, if less than 3, the total number of consecutive
years,
(ii) if that person terminated after March 31, 2006, in the 3
or, if less than 3, the total number of consecutive years,
of the following service over which the average of the
salaries was the highest, namely the person's pensionable
service and any further service that would be pensionable
service but only for its occurring after the maximum benefit
accrual date;
4 This Regulation is to be treated as having come into
force at the beginning of April 1, 2006.
Alberta Regulation 268/2006
Wills Act
INTERNATIONAL WILLS REGISTRATION SYSTEM
AMENDMENT REGULATION
Filed: October 25, 2006
For information only: Made by the Lieutenant Governor in Council (O.C. 557/2006)
on October 25, 2006 pursuant to
section 54 of the Wills Act.
1 The International Wills Registration System Regulation
(AR 35/97) is amended by this Regulation.
Section 5 is repealed.
--------------------------------
Alberta Regulation 269/2006
Oil and Gas Conservation Act
OIL AND GAS CONSERVATION AMENDMENT REGULATION
Filed: October 31, 2006
For information only: Made by the Alberta Energy and Utilities Board on October
30, 2006 pursuant to
section 10(1) of the Oil and Gas Conservation Act.
1 The Oil and Gas Conservation Regulations (AR 151/71)
are amended by this Regulation.
Section 1.020(2) is amended
(
a) by adding the following after the definition of
"central part":
3.1. "coal" means a lithostratigraphic unit having 50% or
greater by weight organic matter and being thicker than 0.30
metres;
(
b) by repealing the definition of "control well" and
substituting the following:
5. "control well" means
(
i) a well that is capable of producing oil, is within a block
or project and is completed in a drilling spacing unit
that is contiguous to a drilling spacing unit that contains
a producing well that is outside the block or project, or
(ii) a well with completions only in coal or only in shale
that is producing gas from coal or shale and that has
been designated by the Board as a control well pursuant
section 7.025;
5.1. "development entity" means an entity, consisting of
multiple formations in a specific area described in an order of
the Board, from which gas may be produced without
segregation in the well bore in accordance with
section 3.051;
(
c) by adding the following after the definition of
"segregate":
27.1. "shale" means a lithostratigraphic unit having less than
50% by weight organic matter, with
(
i) less than 10% of the sedimentary clasts having a grain
size greater than 62.5 micrometres, and
(ii) more than 10% of the sedimentary clasts having a grain
size less than 4 micrometres;
Section 2.010(1)(
b) is amended by striking out "Guide
G-56" and substituting "Directive 56".
Section 2.020(4)(
a) is amended by striking out "Guide
G-56" and substituting "Directive 56".
5 The following is added after
section 3.050:
3.051(1) In the absence of an approval under
section 3.050, a
licensee may produce gas from all formations in a development
entity without segregation in the well bore where
(
a) there are no completions above or below the
stratigraphic interval of the development entity,
(
b) anticipated or actual water production is less than 5.0
cubic metres per well per month if there are completions
above the base of the groundwater protection,
(
c) the top of the completions is more than 25 metres below
the base of any water well within 600 metres of the
producing well,
(
d) there is no hydrogen sulphide in the production stream,
(
e) the licensee has resolved any concerns of lessors or
lessees of the mineral rights whose rights may be
directly and adversely affected by the unsegregated
production,
(
f) the reservoir pressure of any interval completed for
production does not exceed 90% of the fracture pressure
of any other interval completed for production, and
(
g) there is no production of gas associated with an oil
accumulation.
(2) In the absence of an approval under
section 3.050, a licensee
may produce gas from all formations without segregation in the
well bore, on a self-declared basis, where
(
a) the criteria set out in subsection (1)(
b) to (
g) are met,
(
b) the well is not in a designated oil sands area or in a pool
that overlaps a designated oil sands area,
(
c) there is no production of gas from coal or shale outside
a development entity, and
(
d) the pools or intervals are not subject to any existing or
proposed enhanced recovery scheme.
(3) In the absence of an approval under
section 3.050, a licensee
may produce oil from all formations without segregation in the
well bore, on a self-declared basis, where
(
a) the criteria set out in subsection (1)(
b) to (
f) and
subsection (2)(
b) to (
d) are met,
(
b) there is no production of gas that is not associated with
an oil accumulation,
(
c) the oil pools have the same rate administration,
(
d) there are no oil pools that have associated gas caps that
have not been approved for concurrent production, and
(
e) the unsegregated flow rate of every well in the pools
proposed for commingling is less than 3 cubic metres
per day when calculated over 3 consecutive months of
production.
(4) A licensee shall initially report production from each well
producing in accordance with this section, using the field and pool
codes set out by the Board
(
a) for production in a development entity, or
(
b) for unsegregated production occurring on a
self-declared basis.
Section 3.060 is repealed and the following is
substituted:
3.060 A well shall not be completed or operated with casing
perforated or left open in more than one pool unless
(
a) such completion or operation occurs in accordance with
the requirements of
section 3.040 or 3.050, or
(
b) the commingling is in compliance with
section 3.051.
Section 6.080(2) is amended by striking out "Guide G-8"
and substituting "Directive 8".
Section 6.090 is amended by striking out "Guide G-9" and
substituting "Directive 9".
9 The following is added after
section 7.020:
7.025(1) A licensee shall not produce gas from coal unless the
Board has designated
(
a) a control well that is within 3 kilometres of the
producing gas well, to measure pressure and production
in each coal zone, and
(
b) a control well that is within 5 kilometres of the
producing gas well, for desorption testing.
(2) A licensee shall not produce gas from shale unless the Board
has designated
(
a) a control well that is within 5 kilometres of the
producing gas well, to measure pressure and production
in each shale zone, and
(
b) a control well that is within 30 kilometres of the
producing gas well, for desorption testing.
(3) A licensee shall submit a request to the Board to have control
wells designated.
(4) A licensee shall provide information relating to a designated
control well to the Board in accordance with
section 11.145.
Section 7.055(2) is amended by striking out "Guide 60"
and substituting "Directive 60".
11 In the following sections, "Guide 71" is struck out
wherever it occurs and "Directive 71" is substituted:
section 8.002;
section 8.003;
section 8.004;
section 8.005;
section 8.006.
Section 8.030 is amended by striking out "Guide 55"
wherever it occurs and substituting "Directive 55".
Section 8.050(1) is amended by striking out "Guide 58"
and substituting "Directive 58".
Section 8.051(
c) is amended by striking out "Guide 58"
and substituting "Directive 58".
Section 8.052 is amended by striking out "Guide 71"
wherever it occurs and substituting "Directive 71".
Section 8.150 is amended by striking out "Guide 58"
wherever it occurs and substituting "Directive 58".
Section 8.151(4) is amended
(
a) in clause (
a) by striking out "Guide 50" and
substituting "Directive 50";
(
b) in clause (
b) by striking out "Guide 58" and
substituting "Directive 58".
Section 10.300(1)(
a) is amended by striking out "Guide
G-40" and substituting "Directive 40".
19 The following is added in
Part 11 before
section 11.010:
11.005 Where a licensee conducts or obtains well tests, analyses,
surveys, reports or logs, the licensee shall submit all results to the
Board within the time period specified by the Board.
Section 11.010(1) is amended by striking out "Guide
G-56" and substituting "Directive 56".
Section 11.040 is amended by adding the following after
subsection (2):
(3) A core analysis to which subsection (2) applies includes an
analysis on core or cuttings from coal or shale.
Section 11.070(2) is amended by striking out "of a well
which when completed is not within a designated pool," and
substituting "of a well which, when completed, is not within a
designated pool or is produced in accordance with
section 3.051,".
Section 11.102 is repealed and the following is
substituted:
11.102(1) The licensee of a well shall conduct and submit to the
Board tests for all gas and oil wells in accordance with Directive
40, Pressure and Deliverability Testing Oil and Gas Wells -
Minimum Requirements and Recommended Practices, as
published by the Board and amended from time to time.
(2) Notwithstanding subsection (1), the Board may, on application
by the licensee of a well, grant relief from any or all of the
requirements of the Directive referred to in subsection (1).
Section 11.140(1)(
c) is amended by adding ", including
flow meter logs and related analysis," after "additional logs".
25 The following is added after
section 11.140:
11.145(1) The licensee of each control well designated under
section 7.025(1)(
a) shall conduct and report to the Board
(
a) initial segregated pressure, and annual segregated
pressure in each calendar year thereafter, for each coal
zone in accordance with Directive 40: Pressure and
Deliverability Testing Oil and Gas Well - Minimum
Requirements and Recommended Practices, as
published by the Board and amended from time to time,
and
(
b) initial flow meter logging, and annual flow meter
logging in each calendar year thereafter, encompassing
the entire coal completions in the well bore.
(2) The licensee of each control well designated under
section
7.025(1)(
b) shall conduct and report to the Board the results of a
desorption test for each coal zone within the control well,
including manometer readings, calculated gas content, all coal
quality analysis and, where required, scientific calibration of
cuttings results to the core taken from within an offsetting
township.
(3) The desorption test referred to in subsection (2) may be
conducted from core, or from cuttings, if the test has been
calibrated to core taken from within an offsetting township.
(4) The licensee of each control well designated under
section
7.025(2)(
a) shall conduct and report to the Board
(
a) initial segregated pressure, and annual segregated
pressure in each calendar year thereafter, in accordance
with Directive 40: Pressure and Deliverability Testing
Oil and Gas Well - Minimum Requirements and
Recommended Practices, as published by the Board and
amended from time to time, for each 30-metre interval
of contiguous shale,
(
b) initial flow test or flow meter logging, and annual flow
test or flow meter logging in each calendar year
thereafter, for each 30-metre interval of contiguous
shale,
(
c) initial fluid analysis for each shale zone in accordance
with
section 11.070(2) for each 30-metre interval of
contiguous shale, and
(
d) total organic carbon content every 5 meters from
cuttings.
(5) The licensee of each control well designated under
section
7.025(2)(
b) shall conduct and report to the Board the results of a
desorption analysis, where the desorption test is conducted on core
only and data including manometer readings, calculated gas
content, all shale quality analysis and total organic carbon content
on a representative sample from each desorption test canister.
(6) The initial data required under subsections (1) and (4) must be
submitted to the Board within 4 months following the designation
of the control well.
(7) The results of the desorption tests referred to in subsections
(2) and (5) must be submitted to the Board within
(a) 6 months following the completion of the analysis of the
test, or
(b) 12 months following the designation of the control well,
whichever occurs first.
(8) Notwithstanding this section, the Board may, on application by
the licensee of a well, grant relief from any or all of the
requirements set out in this section.
Section 12.010 is amended
(
a) by striking out "Guide 59" and substituting "Directive
59";
(
b) by striking out "that Guide" and substituting "that
Directive".
27 In the following sections, "Guide 7" is struck out
wherever it occurs and "Directive 7" is substituted:
section 12.020(1);
section 12.030;
section 12.056;
section 12.060;
section 12.170.
Section 14.070(8.1) is amended by striking out "Guide
G-49" and substituting "Directive 49".
Section 14.170 is amended by striking out "Guide G-4"
and substituting "Directive 4".
30 In the following sections, "Guide 65" is struck out
wherever it occurs and "Directive 65" is substituted:
section 15.005;
section 15.010;
section 15.020;
section 15.021;
section 15.022;
section 15.023;
section 15.030;
section 15.040.
Section 15.050(
a) is amended by striking out "Guide 56"
and substituting "Directive 56".
32 In the following sections "Guide 65" is struck out
wherever it occurs and "Directive 65" is substituted:
section 15.060;
section 15.061;
section 15.070;
section 15.080;
section 15.090;
section 15.160;
section 15.180;
section 15.190;
section 15.200.
Section 15.210(
a) is amended by striking out "Guide 56"
and substituting "Directive 56".
Section 15.212(
a) is amended by striking out "Guide 58"
and substituting "Directive 58".
Section 15.220 is amended by striking out "Guide 65"
wherever it occurs and substituting "Directive 65".
Section 17.010(1)(
n) is amended by striking out "section
11.102, 11.110, 11.120" and substituting "section 11.070, 11.102,
11.110, 11.120, 11.145".
Section 5 as it relates to the proposed
section 3.051(2),
(3) and (4)(
b) comes into force on December 15, 2006.
- 1229 -
THE ALBERTA GAZETTE,
PART II, NOVEMBER 15, 2006
- 1228 -
THE ALBERTA GAZETTE,
PART II, NOVEMBER 15, 2006
AR 255/2006 HEALTH PROFESSIONS
- 1229 -
THE ALBERTA GAZETTE,
PART II, NOVEMBER 15, 2006
AR 256/2006 DRUG-ENDANGERED CHILDREN
- 1247 -
THE ALBERTA GAZETTE,
PART II, NOVEMBER 15, 2006
- 1250 -
THE ALBERTA GAZETTE,
PART II, NOVEMBER 15, 2006
AR 258/2006 ALBERTA CAPITAL FINANCE AUTHORITY
- 1251 -
THE ALBERTA GAZETTE,
PART II, NOVEMBER 15, 2006
AR 259/2006 INSURANCE
- 1282 -