Alberta Regulation 46/2010

Apprenticeship and Industry Training Act

IRONWORKER TRADE AMENDMENT REGULATION

Filed: April 6, 2010

For information only: Made by the Alberta Apprenticeship and Industry Training

Board on March 19, 2010 pursuant to

section 22.1(1) of the Apprenticeship and

Industry Training Act and approved by the Minister of Advanced Education and

Technology on March 30, 2010 pursuant to

section 22.1(1) of the Apprenticeship and

Industry Training Act.

1 The Ironworker Trade Regulation (AR 156/2006) is

amended by this Regulation.

2 The following is added after

section 7:

American ironworkers

7.1(1) In this section, "USA ironworker certificate of completion of

apprenticeship" means a certificate of completion of apprenticeship

in the Ironworker Apprenticeship Certification Program issued by a

Local Union Apprenticeship Program that is certified by the

Apprenticeship and Training Department of the International

Association of Bridge, Structural, Ornamental and Reinforcing

Ironworkers in the United States of America.

(2) Even though a person is not otherwise permitted under the

Apprenticeship and Industry Training Act to work in the ironworker

branch of the trade, a person may carry out the tasks, activities and

functions in the undertakings that constitute that branch of the trade

if the person holds a USA ironworker certificate of completion of

apprenticeship.

Alberta Regulation 47/2010

Adult Guardianship and Trusteeship Act

ADULT GUARDIANSHIP AND TRUSTEESHIP (MINISTERIAL)

AMENDMENT REGULATION

Filed: April 14, 2010

For information only: Made by the Minister of Seniors and Community Supports

(M.O. 029/2010) on April 1, 2010 pursuant to

section 116(2) of the Adult

Guardianship and Trusteeship Act.

1 The Adult Guardianship and Trusteeship (Ministerial)

Regulation (AR 224/2009) is amended by this Regulation.

Section 7 is amended

(

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

substituting "in";

(

b) by repealing subsections (6) to (9) and substituting

the following:

(6) An assessment of an adult's capacity to make a decision

respecting the adult's health care or the adult's temporary

admission to or discharge from a residential facility, for the

purposes of

section 87 of the Act, must be in the form set out in

Part 1 of Form 6 in the Schedule.

(7) A declaration of a specific decision maker for the purposes

section 90 of the Act must be in the form set out in

Part 2 of

Form 6 in the Schedule.

(8) A written record that a health care provider is required to

keep for the purposes of

section 91 of the Act must be in the

form set out in

Part 3 of Form 6 in the Schedule.

3 The

Schedule is amended

(

a) in Form 3

(

i) in item 5(a)(ii)(

B) by striking out "assessment;"

and substituting "assessment,";

(ii) in item 7(

g) by striking out "adult;" and

substituting "adult.";

(

b) by repealing Forms 6 to 9 and substituting the form

set out in the Schedule.

Schedule

Form 6

Specific Decision Making

Part 1 - Assessment of Capacity

1. I, (name of physician, nurse practitioner or dentist) , met with

(name of the adult) ("the adult") on (day/month/year) to assess

the adult's capacity to make a decision to consent or refuse to consent

? (

a) the following proposed health care for the adult:

(describe the proposed health care)

? (

b) the adult's proposed

? (

i) temporary admission to, or

? (ii) discharge from

the following residential facility or type of residential

facility, as the case may be:

(set out the name or type of proposed residential facility,

including a transitional facility) .

2. I certify that, in conducting the assessment, I complied with the

requirements of sections 18, 19 and 20 of the Adult Guardianship and

Trusteeship Regulation ("AGTR"), including but not limited to the

requirements to inform the adult of his or her right to refuse to be

assessed and to provide the adult with the information that a reasonable

person would require to make the decision referred to in item 1 above.

? (check if applicable) I am unable to certify that the adult

comprehended the information.

3. It is my assessment that the adult

? (

a) has the capacity to make the decision described in item 1

above, because the adult

(

i) understands the information that is relevant to the

decision, and

(ii) appreciates the reasonably foreseeable consequences of

the decision and of failing to make the decision,

? (

b) does not have the capacity to make the decision described in

item 1 above, because the adult

(

i) does not understand the information that is relevant to

the decision, and

(ii) does not appreciate the reasonably foreseeable

consequences of the decision and of failing to make the

decision.

4. (Complete this item only if item 3(

b) is selected) I have informed

the adult that I assessed the adult as not having the capacity to make a

decision to consent or refuse to consent to the proposed health care,

admission or discharge described in item 1 above, and I have advised

the adult of his or her rights under sections 96 and 97 of the Adult

Guardianship and Trusteeship Act ("AGTA") in compliance with

section 21 of the AGTR.

? (check if applicable) I am unable to certify that the adult

comprehended the information.

(name of physician, nurse practitioner or dentist conducting the assessment)

(signature of physician, nurse practitioner or dentist conducting the assessment)

Dated at (location) in the Province of Alberta this (day) of

(month) , (year) .

Part 2 - Declaration of Specific Decision Maker

1. I, (name of specific decision maker) have been selected by

(name of physician, nurse practitioner or dentist who selected the

specific decision maker) to make a decision for (name of the

adult) to consent or refuse to consent to the proposed health care,

admission or discharge described in item 1 of

Part 1 of this form.

2. I understand that I am not authorized to make the decision referred

to in item 1 above until I have made this declaration.

3. I declare that I (

a) am 18 years of age or older, (

b) am available and

willing to make the decision, (

c) am able to make the decision, (

d) have been in contact with the adult in the previous 12 months, (

e) have

knowledge of the adult's wishes respecting the decision to be made or

of the beliefs and values of the adult, (

f) do not have a dispute with the

adult that might affect my ability to comply with the duties of a

specific decision maker, (

g) will carry out the duties and

responsibilities of a specific decision maker, and (

h) will comply with

the requirements of

Part 3, Division 1 of the AGTA in making a

decision for the adult.

4. I have been given a pamphlet outlining my responsibilities and the

restrictions on my authority under the AGTA and its Regulations.

5. I understand that I am required to make reasonable efforts to notify

the nearest relative of the adult of the decision made and to notify the

Public Guardian of the decision made if I am not able to notify the

nearest relative.

(name of specific decision maker)

(mailing or street address of specific decision maker)

(signature of specific decision maker)

(signature of witness)

Dated at (location) in the Province of Alberta this (day) of

(month) , (year) .

Part 3 - Record of Health Care Provider

1. I selected (name of specific decision maker) to make a decision

for (name of the adult) to consent or refuse to consent to the

proposed health care, admission or discharge described in item 1 of

Part 1 of this form.

2. The specific decision maker made the following specific decision

for the adult on (day/month/year) :

? (

a) that the adult receive the health care described in item 1 of

Part 1 of this form, specifically:

(describe the proposed health care)

? (

b) that the adult be

? (

i) temporarily admitted to, or

? (ii) discharged from

the residential facility or type of residential facility set out in

item 1 of

Part 1 of this form, specifically:

(set out the name or type of proposed residential facility, including a

transitional facility) .

(name of physician, nurse practitioner or dentist who conducted the

assessment)

(signature of physician, nurse practitioner or dentist who conducted the

assessment)

Dated at (location) in the Province of Alberta this (day) of

(month) , (year) .

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

Alberta Regulation 48/2010

Traffic Safety Act

DRIVERS' HOURS OF SERVICE AMENDMENT REGULATION

Filed: April 15, 2010

For information only: Made by the Minister of Transportation (M.O. 07/10) on April

12, 2010 pursuant to

section 156 of the Traffic Safety Act.

1 The Drivers' Hours of Service Regulation (AR 317/2002)

is amended by this Regulation.

Section 22 is amended by striking out "July 1, 2010" and

substituting "July 1, 2012".

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

Alberta Regulation 49/2010

Traffic Safety Act

VEHICLE INSPECTION AMENDMENT REGULATION

Filed: April 15, 2010

For information only: Made by the Minister of Transportation (M.O. 05/10) on April

12, 2010 pursuant to

section 81 of the Traffic Safety Act.

1 The Vehicle Inspection Regulation (AR 211/2006) is

amended by this Regulation.

Section 1(1)(

t) is amended by striking out "granted under"

and substituting "as defined in".

Section 15(1) is repealed and the following is

substituted:

Sale of used motor vehicle

15(1) Subject to subsection (2), a dealer in used motor vehicles

shall, before entering into a contract to sell a motor vehicle, give to

the buyer a used motor vehicle mechanical fitness assessment that

contains the following:

(

a) a statement identifying the type of motor vehicle as a truck,

motorcycle, bus, van, light truck, automobile or other type of

motor vehicle;

(

b) a statement showing the make, model, year, vehicle

identification number, odometer reading in kilometres or

miles, licence plate number and province of registration of

the vehicle;

(

c) the name and address of the dealer selling the vehicle and the

name of the technician who issued the mechanical fitness

assessment;

(

d) a statement that the mechanical fitness assessment expires

120 days after the date on which it was issued;

(

e) a statement certifying that at the time of sale the motor

vehicle

(

i) complies with the Vehicle Equipment Regulation

(AR 122/2009), or

(ii) does not comply with the Vehicle Equipment Regulation

(AR 122/2009) and containing a description of the items

of equipment that are missing or do not comply with the

Vehicle Equipment Regulation (AR 122/2009);

(

f) the signature of the technician who conducted the mechanical

fitness assessment;

(

g) the date the mechanical fitness assessment was issued.

(1.1) Despite

section 1(1)(r), for the purposes of subsection (1),

"technician" means a person who,

(

a) in the case of a mechanical fitness assessment of passenger

vehicles and light trucks, holds a subsisting trade certificate

in the designated trade of automotive service technician

under the Apprenticeship and Industry Training Act, or

(

b) in the case of a mechanical fitness assessment of heavy

vehicles and equipment, holds a subsisting trade certificate in

the heavy equipment technician branch or the truck and

transport mechanic branch of the designated trade of heavy

equipment technician under the Apprenticeship and Industry

Training Act.

Section 16 is repealed and the following is substituted:

Expiry of mechanical fitness assessment

16 A dealer's mechanical fitness assessment provided under

section 15(1) for a used motor vehicle expires 120 days after the date

on which it was issued.

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

Alberta Regulation 50/2010

Government Organization Act

STORAGE TANK SYSTEM MANAGEMENT REGULATION

Filed: April 15, 2010

For information only: Made by the Lieutenant Governor in Council (O.C. 118/2010)

on April 15, 2010 pursuant to

Schedule 10,

section 2 of the Government Organization

Act.

Table of Contents

Definitions

2 Delegation

3 Authorization to assess and collect

4 Conditions

5 Limiting legal liability

6 Appeals

7 Records

8 Reporting

9 Expiry

Definitions

1 In this Regulation,

(a) "accredited agency" means an accredited agency as defined

in the Safety Codes Act;

(b) "accredited corporation" means an accredited corporation as

defined in the Safety Codes Act;

(c) "accredited municipality" means an accredited municipality

as defined in the Safety Codes Act;

(d) "accredited regional services commission" means an

accredited regional services commission as defined in the

Safety Codes Act;

(e) "Act" means the Government Organization Act;

(f) "Administration Agreement" means a written agreement

between the Minister and the Association, entitled

Administration Agreement, relating to the powers, duties and

functions delegated to the Association under

section 2(1);

(g) "Administrator" means an Administrator as defined in the

Safety Codes Act;

(h) "Agency Service Agreement" means a written agreement

between the Minister and the Association, entitled Agency

Service Agreement, relating to the powers, duties and

functions delegated to the Association under

section 2(2) and

(3);

(i) "Alberta Fire Code" means the Fire Code declared in force

by the Fire Code Regulation (AR 118/2007);

(j) "Association" means the Petroleum Tank Management

Association of Alberta incorporated under the Societies Act;

(k) "authority having jurisdiction" means a local authority,

Administrator or safety codes officer as defined in the Safety

Codes Act, or the authority having jurisdiction as defined in

the Alberta Fire Code;

(l) "confidential information" means information acquired by

the Association while carrying out its powers, duties and

functions under this Regulation;

(m) "Freedom of Information and Protection of Privacy

Coordinator" means an employee of the Government

designated by the Deputy Minister as a Freedom of

Information and Protection of Privacy Coordinator;

(n) "Minister" means the Minister designated with the

responsibility for the administration of the Safety Codes Act,

and "Deputy Minister" means the Deputy of that Minister;

(o) "permit" means a permit referred to in

section 10 of the

Permit Regulation (AR 204/2007);

(p) "rules" means rules made by the Association under

section 3

of

Schedule 10 of the Act;

(q) "safety codes officer" means a safety codes officer as defined

in the Safety Codes Act;

(r) "storage tank system" means a storage tank system as

defined in the Alberta Fire Code.

Delegation

2(1) The powers, duties and functions of the Administrator with

respect to

Article 2.2.3.1 and Subsection 2.2.5 of

Part 2, Division C of

the Alberta Fire Code are delegated to the Association.

(2) Subject to subsection (4), the powers, duties and functions of the

authority having jurisdiction with respect to storage tank systems are

delegated to the Association with respect to the following:

(

a) the acceptance of longer intervals between inspections and

tests;

(

b) the issuance of permits or approvals and the examination of

plans, drawings and specifications;

(

c) the assignment of site sensitivity classifications;

(

d) the receipt of notification of leaks and spills;

(

e) the receipt of notification of underground storage tanks being

taken out of service for a period exceeding 180 days;

(

f) the receipt of notification of the reactivation of underground

storage tanks;

(

g) the receipt of notification of the removal of underground

storage tanks that have no further use or that have been out of

service for more than 2 years;

(

h) the receipt of notification that soil is contaminated where

underground tanks have been removed, the receipt of reports

showing the extent of the soil contamination and acceptance

of the manner of removing, treating or replacing the soil;

(

i) the granting of permission to abandon a storage tank;

(

j) the receipt of notification of the reactivation of above-ground

storage tanks.

(3) The powers, duties and functions of a safety codes officer under

section 44 of the Safety Codes Act are delegated to the Association if

the exercise of the power or duty or the carrying out of the function is

related to the exercise of a power or duty or the carrying out of a

function under subsection (2).

(4) The delegations under subsections (2) and (3) do not apply within

the boundaries of an accredited municipality or accredited regional

services commission, or within the geographical area where an

accredited corporation has jurisdiction.

(5) The Association is authorized, with the consent of the Minister, to

provide advice to the Minister on the powers, duties and functions

delegated under this Regulation.

(6) Where, in the opinion of the Minister, the Association has not

complied with the terms of the Safety Codes Act, the Act, this

Regulation, the Administration Agreement or the Agency Service

Agreement the Minister may direct a safety codes officer to exercise

the powers and perform the duties and functions of the Association,

including providing services with respect to permits issued by the

Association.

Authorization to assess and collect

3 The Association is authorized

(

a) to impose assessments, fees and charges with the approval of

the Minister, and

(

b) to collect money by the levy of assessments, fees and

charges, with respect to the powers, duties and functions

delegated to it under this Regulation, on persons who apply

for or are provided with services, materials or programs,

including, but not limited to, providing information, issuing a

permit, certificate or other thing or on notifying, filing with

or registering any thing with the Association.

Conditions

4(1) The delegation of powers, duties and functions under

section 2 is

subject to the following conditions:

(

a) the Association must exercise its powers and authorizations

and perform the duties and functions delegated to it by this

Regulation in accordance with the Administration Agreement

and the Agency Service Agreement;

(

b) the Association must comply with this Regulation;

(

c) any confidential information acquired by the Association, its

directors, officers or employees and agents in the course of

carrying out their powers, duties and functions under this

Regulation must not be disclosed or made known to any

other person, except as is necessary to carry out those

powers, duties and functions or in a manner consistent with

the Freedom of Information and Protection of Privacy Act;

(

d) a request for information made to the Association for

confidential information must be directed to the Freedom of

Information and Protection of Privacy Coordinator, and the

Association must respond to the request as directed by the

Coordinator;

(

e) the Association must designate a person to be responsible for

confidential information matters and matters related to

records management;

(

f) all computer software and systems used or developed by the

Association, the information on the software and systems,

and anything generated or capable of generation by them, for

the carrying out of the Association's powers, duties and

functions under this Regulation, the Administration

Agreement or the Agency Service Agreement is owned by

the Government of Alberta.

(2) All money received by the Association under the authority of this

Regulation must be recorded and accounted for in accordance with

generally accepted accounting principles, and receipts for money

received must be provided on request of the person paying the money.

(3) The Association is authorized to use the money collected by it

under this Regulation to pay costs incurred in carrying out its powers,

duties and functions under this Regulation.

Limiting legal liability

5(1) No action lies against the Association or against all or any of its

directors, officers, agents or employees for anything done or not done

by any of them in good faith while carrying out their powers, duties

and functions under this Regulation.

(2) The Association and its directors, officers, employees and agents

are not liable for any damage caused by a decision related to the

system of inspections, examinations, evaluations and investigations,

including, but not limited to, a decision relating to their frequency and

how they are carried out.

(3) If the Association engages the services of an accredited agency to

carry out its powers, duties and functions under this Regulation, the

Association is not liable for any negligence or nuisance by the

accredited agency that causes injury, loss or damage to any person or

property.

Appeals

6(1) Pursuant to

section 2(1)(

e) of

Schedule 10 of the Act, a person

affected by an action taken or a decision made by the Association or its

agents, directors, officers or employees in relation to the carrying out

of functions may request in writing that the Minister review the action

or decision concerning those matters related to this Regulation, the

Administration Agreement or the Agency Service Agreement but not

governed by

section 50 of the Safety Codes Act.

(2) The Minister may decide whether to hear an appeal under

subsection (1).

(3) On hearing an appeal, the Minister may confirm, vary or revoke

the action or decision that is the subject-matter of the appeal.

(4) A decision made by the Minister with respect to an appeal under

this

section is final.

Records

7(1) All records in the custody or control of the Association that are

required in the carrying out of its powers, duties and functions under

this Regulation must be managed, maintained and destroyed in

accordance with subsection (2) and

(

a) the Records Management Regulation (AR 224/2001), or

(

b) a regulation that replaces the Records Management

Regulation (AR 224/2001).

(2) The following conditions apply to records described in subsection

(1):

(

a) records must be managed under the direction of a senior

records officer to whom a deputy head, as defined in the

Records Management Regulation (AR 22/2001), has

assigned powers and duties under that Regulation;

(

b) the Association must designate a person to be responsible for

records management, confidential information and privacy

matters;

(

c) the Association must comply with the Freedom of

Information and Protection of Privacy Act in the course of

carrying out its powers, duties and functions under this

Regulation;

(

d) all records created or maintained in the course of carrying out

the powers, duties and functions under this Regulation

become and remain the property of the Crown in the right of

Alberta;

(

e) all confidential information acquired by the Association and

its agents, directors, officers and employees must be kept

confidential and the privacy of each individual must be

protected from unreasonable invasion and the Association

must establish appropriate rules and make reasonable

security arrangements to protect confidential information

against such risks as unauthorized access, collection, use,

disclosure or disposal of confidential information in

accordance with

Part 1 of the Freedom of Information and

Protection of Privacy Act;

(

f) the Association must provide any records required in

accordance with the Freedom of Information and Protection

of Privacy Act to the Freedom of Information and Protection

of Privacy Coordinator within the time period set out in the

Administration Agreement or the Agency Service

Agreement.

(3) The Association must maintain records with respect to storage tank

systems that include the following:

(

a) receiving of applications for registration;

(

b) registering storage tanks;

(

c) issuing registration certificates;

(

d) cancelling storage tank registrations;

(

e) issuing replacement registration certificates.

Reporting

8 The Association must report on its activities to the Minister at least

once a year, at a time and in a manner specified by the Minister, as set

out in the Administration Agreement or the Agency Service

Agreement and in accordance with

section 10 of

Schedule 10 of the

Act.

Expiry

9 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 February 28, 2015.

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

Alberta Regulation 51/2010

Personal Information Protection Act

PERSONAL INFORMATION PROTECTION ACT

AMENDMENT REGULATION

Filed: April 15, 2010

For information only: Made by the Lieutenant Governor in Council (O.C. 123/2010)

on April 15, 2010 pursuant to

section 62 of the Personal Information Protection Act.

1 The Personal Information Protection Act Regulation

(AR 366/2003) is amended by this Regulation.

Section 1 is repealed and the following is substituted:

Definition

1 In this Regulation, "Act" means the Personal Information

Protection Act.

3 The heading of

Part 1 is amended by striking out

"Definitions" and substituting "Definition".

Section 3 is amended by striking out "section 1(j)" and

substituting "sections 1(1)(j), 15(1)(a), 18(1)(

a) and 21(1)(a)".

5 Sections 4 and 5 are repealed.

Section 6 is amended

(

a) in clauses (

a) and (

b) by striking out "an Alberta

regulation" wherever it occurs and substituting "a

regulation of Alberta";

(

b) by repealing clause (e)(

i) and substituting the

following:

(

i) that is operated pursuant to a statute of Alberta or a

regulation of Alberta by

(

A) an organization, or

(

B) a local public body as defined in the Freedom of

Information and Protection of Privacy Act,

and

Section 8(1) is repealed and the following is substituted:

Designated and non-designated offices

8(1) For the purpose of enabling an individual to make a request

under

section 24(1) or 25(1) of the Act, an organization may

designate one or more offices of the organization to which the

individual may direct a written request.

Section 10 is repealed and the following is substituted:

Alternative means for making a request

10 Notwithstanding anything in this Part, an organization may

provide alternative means for an applicant to make a request under

section 24(1) or 25(1) of the Act if the applicant is unable to make a

written request.

Section 15 is amended by adding "or for information about

the use or disclosure of the applicant's personal information" after

"personal information."

Section 18 is repealed.

Part 6 is repealed and the following is substituted:

Part 6

Notification of Loss of or

Unauthorized Access to or Disclosure

of Personal Information

Notice to the Commissioner

19 A notice provided by an organization to the Commissioner

under

section 34.1(1) of the Act must be in writing and include the

following information:

(

a) a description of the circumstances of the loss or unauthorized

access or disclosure;

(

b) the date on which or time period during which the loss or

unauthorized access or disclosure occurred;

(

c) a description of the personal information involved in the loss

or unauthorized access or disclosure;

(

d) an assessment of the risk of harm to individuals as a result of

the loss or unauthorized access or disclosure;

(

e) an estimate of the number of individuals to whom there is a

real risk of significant harm as a result of the loss or

unauthorized access or disclosure;

(

f) a description of any steps the organization has taken to

reduce the risk of harm to individuals;

(

g) a description of any steps the organization has taken to notify

individuals of the loss or unauthorized access or disclosure;

(

h) the name of and contact information for a person who can

answer, on behalf of the organization, the Commissioner's

questions about the loss or unauthorized access or disclosure.

Notification to individuals

19.1(1) Where an organization is required under

section 37.1 of the

Act to notify an individual to whom there is a real risk of significant

harm as a result of a loss of or unauthorized access to or disclosure

of personal information, the notification must

(

a) be given directly to the individual, and

(

b) include

(

i) a description of the circumstances of the loss or

unauthorized access or disclosure,

(ii) the date on which or time period during which the loss

or unauthorized access or disclosure occurred,

(iii) a description of the personal information involved in the

loss or unauthorized access or disclosure,

(iv) a description of any steps the organization has taken to

reduce the risk of harm, and

(

v) contact information for a person who can answer, on

behalf of the organization, questions about the loss or

unauthorized access or disclosure.

(2) Notwithstanding subsection (1)(a), where an organization is

required to notify an individual under

section 37.1 of the Act, the

notification may be given to the individual indirectly if the

Commissioner determines that direct notification would be

unreasonable in the circumstances.

Section 28 is repealed and the following is substituted:

Act and personal information code prevail

28 If a provision of

(

a) any legislative instrument of a professional regulatory

organization, other than a personal information code, or

(

b) any rule of conduct or practice, policy, directive or

instruction of any nature of a professional regulatory

organization

is in conflict with a provision of the Act, the personal information

code of the professional regulatory organization or the operation of

the Act as modified by the personal information code, the Act and

the personal information code prevail.

Section 30 is amended by striking out "2010" and

substituting "2019".

14 This Regulation comes into force on the coming into

force of the Personal Information Protection Amendment

Act, 2009.

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

Alberta Regulation 52/2010

Security Services and Investigators Act

SECURITY SERVICES AND INVESTIGATORS REGULATION

Filed: April 15, 2010

For information only: Made by the Lieutenant Governor in Council (O.C. 126/2010)

on April 15, 2010 pursuant to

section 47 of the Security Services and Investigators

Act.

Table of Contents

Definitions

2 Exemptions from licensing

3 Individual licensee reporting requirements

4 Business licensee reporting requirements

5 Reports

6 Locksmith tools

7 Automotive lock bypass tools

8 Restrictions on weapons

9 Authorized weapons and equipment

10 Restricted weapons or prohibited devices

11 Armoured vehicle service

12 Records

13 Advertising

14 Collection, use and disclosure of personal information

15 Offence

16 Expiry

17 Coming into force

Definitions

1 In this Regulation,

(a) "armoured vehicle" means a motor vehicle constructed or

adapted to protect its occupants

(

i) from forced entry, and

(ii) from firearms;

(b) "armoured vehicle service" means a company that performs

services related to the transportation of property in an

armoured vehicle with armed guards.

Exemptions from licensing

2 In addition to the persons and classes of persons set out in

section

10 of the Act, the following persons or classes of persons are exempt

from the requirement to be licensed under the Act and the regulations:

(

a) business entities or in-house employees of business entities

governed under the Bank Act (Canada);

(

b) finance entities or in-house employees of finance entities as

defined under the Finance Entity Regulations (Canada);

(

c) entities or in-house employees of entities governed under the

Credit Union Act;

(

d) employees of an innkeeper who are responsible for the

maintenance and management of guest room keys and key

systems;

(

e) any individual who performs an activity described under

Part

1 of the Act, except the activities described in

section 4 of the

Act, if that activity is incidental to the individual's primary

job duties or functions.

Individual licensee reporting requirements

3(1) An individual licensee who is arrested or charged with an offence

under the Criminal Code (Canada) or the Controlled Drugs and

Substances Act (Canada) or any other enactment of Canada must,

within 24 hours, provide a report to the Registrar in writing of the

arrest or charge laid.

(2) If an individual licensee loses his or her licence, the individual

licensee must, within 24 hours, report the loss to the Registrar in

writing.

(3) An individual licensee must report a change in information

described under

section 18(

a) or (

b) of the Act to the Registrar in

writing within 30 days of the change.

(4) If an individual licensee fails to comply with this section, the

Registrar may cancel or suspend the individual licensee's licence or

licence.

Business licensee reporting requirements

4(1) A business licensee must report to the Registrar in writing any

incident described under

section 19(

d) to (

i) of the Act within 24 hours

of the incident occurring.

(2) A business licensee must report to the Registrar in writing every

instance where a guard dog utilized by a licensee attacks, bites or

injures an individual, including the patrol dog handler licensee, within

24 hours of the incident occurring.

(3) A business licensee must report a change in information described

under

section 19(a), (

b) or (

c) of the Act to the Registrar in writing

within 30 days of the change.

(4) A business licensee must report to the Registrar in writing when an

individual licensee is no longer employed by that business licensee and

must include the details of the termination of the employment within

30 days of the termination.

(5) If a business licensee fails to comply with this section, the

Registrar may cancel or suspend the business licensee's licence or

licence.

Reports

5 A business licensee must keep a copy of any report made under

section 19 of the Act

(

a) for a minimum of 2 years, or

(

b) if the report relates to an ongoing investigation, inspection,

complaint, court proceeding or administrative proceeding,

until the investigation, inspection, complaint, court

proceeding or administrative proceeding has concluded,

whichever is later.

Locksmith tools

6(1) A locksmith licensee must keep records of the tools, including

tools described under sections 351 and 353 of the Criminal Code

(Canada), lock picks and any instruments suitable for the purpose of

manipulating locks on premises, motor vehicles, vaults or safes used in

the course of the locksmith licensee's employment and provide these

records to the Registrar on request.

(2) If a locksmith business licensee provides locksmith tools to its

locksmith licensee, the locksmith business must ensure the locksmith

tools used by a locksmith licensee are returned to the business on

termination of employment of the locksmith licensee.

Automotive lock bypass tools

7(1) If an automotive lock bypass business provides automotive lock

bypass tools to its automotive lock bypass worker licensees, the

automotive lock bypass business must ensure the automotive lock

bypass tools used by an automotive lock bypass worker licensee are

returned to the business on termination of employment of the

automotive lock bypass worker licensee.

(2) Automotive locksmith bypass tools include

(

a) automotive master keys,

(

b) lock picks,

(

c) rocker keys,

(

d) slim jims, and

(

e) any instrument designed, modified or adapted or that could

be adapted to operate the locks, ignition or other switches on

motor vehicles.

Restrictions on weapons

8(1) An individual licensee must not carry, use or have in the

individual licensee's possession any weapon unless

(

a) permitted by this Regulation,

(

b) the individual licensee is authorized to carry and use the

weapon by the terms of the individual licensee's licence, and

(

c) the weapon is issued to the individual licensee by or under

the authority of the business licensee who employs or

engages the services of the individual licensee.

(2) In accordance with this section, an individual licensee may carry

only those weapons that the individual licensee is authorized to use

Authorized weapons and equipment

9(1) An individual licensee may be authorized, by the individual

licensee's licence, to carry and use the following weapons and

equipment:

(

a) batons not longer than 26 inches in length;

(

b) automotive master keys;

(

c) lock picks;

(

d) rocker keys;

(

e) slim jims.

(2) Notwithstanding the individual licensee's licence authorizing

equipment the individual licensee may use, a business licensee may

limit or restrict the equipment the individual licensee employed or

engaged for services by that business licensee may carry and use.

(3) A business licensee may permit the use of additional equipment,

other than the equipment listed under subsection (1), to an individual

licensee employed or engaged for services by the business licensee.

Restricted weapons or prohibited devices

10 A person licensed as a security services worker, investigator,

executive security worker, patrol dog handler, locksmith, automotive

lock bypass worker, loss prevention worker or security alarm

responder must not carry a restricted weapon or a prohibited device as

described under

Part III of the Criminal Code (Canada), unless

authorized to do so by the chief firearms officer under the Firearms

Act (Canada).

Armoured vehicle service

11(1) A security services business that provides an armoured vehicle

service is not required to hold a security services business licence.

(2) An armed guard employed by an armoured vehicle service is not

required to hold a security services worker licence.

Records

12(1) Every business licensee shall keep the following records:

(

a) records stating the locations where each individual licensee

employed by the business licensee was employed, including

the locations where each individual licensee provided

security services;

(

b) records that include the information described under

section

19 of the Act;

(

c) copies of agreements entered into with a client;

(

d) copies of invoices and proofs of payment made and received

in relation to the work a licensee is approved to perform or

has performed.

(2) Every business licensee shall retain the records referred to under

subsection (1) for a minimum of 2 years, unless the records relate to an

ongoing investigation, inspection, complaint, court proceeding or

administrative proceeding.

(3) If the records referred to in subsection (1) relate to an ongoing

investigation, inspection, complaint, court proceeding or administrative

proceeding, the business licensee shall retain the records until the

investigation, inspection, complaint, court proceeding or administrative

proceeding is concluded.

(4) For the purposes of subsection (3), an investigation, inspection,

complaint, court proceeding or administrative proceeding is deemed to

be concluded once a decision is rendered and all rights of appeal or

review have been exhausted.

(5) For the purposes of

section 32(

c) of the Act, a business licensee

must keep all records relating to incidents involving material use of

force for a minimum of 2 years.

(6) An investigator must keep the following records for a minimum of

2 years:

(

a) all notes and reports prepared by an investigator;

(

b) all photographs, video, audio or other electronic records

produced or obtained by the investigator in the course of

providing security services.

(7) Every patrol dog services business licensee must keep the

following records for a minimum of 2 years:

(

a) records of the training each patrol dog received;

(

b) records proving the patrol dog handler has received proper

training in the use and handling of patrol dogs for security

services;

(

c) a copy of the business licensee's policies and procedures on

the care and handling of patrol dogs, including feeding,

housing, transportation, veterinary care, retirement and

euthanasia;

(

d) record logs detailing each time the business licensee issued a

patrol dog to an individual licensee for the provision of

security services, the name of the patrol dog and the name of

the individual licensee to whom the patrol dog was issued.

Advertising

13 A business licensee shall not advertise or promote security

services that the business licensee is not licensed to provide.

Collection, use and disclosure of personal information

14(1) Without limiting the application of any other provisions of this

Regulation allowing or requiring the collection, use or disclosure of

personal information, the Registrar may, in accordance with

section 33

of the Freedom of Information and Protection of Privacy Act, collect,

use or disclose personal information that is necessary for and related to

the Registrar's duties, functions and powers under this Regulation with

respect to

(

a) an application for a licence,

(

b) verification that insurance requirements are met by a business

licensee,

(

c) licences,

(

d) inspections,

(

e) appeals,

(

f) criminal record checks,

(

g) international criminal record checks,

(

h) administrative penalties, and

(

i) information held by law enforcement agencies.

(2) The following persons are required or allowed, as the case may be,

to disclose to the Registrar personal information contemplated by the

following provisions or matters:

(

a) an applicant for a licence, including a general training licence

or a locksmith apprentice licence for the purpose of applying

for a licence;

(

b) a business licensee for the purposes of sections 4 and 12;

(

c) an individual licensee for the purposes of sections 3 and 12.

(3) Personal information may be collected, with respect to this

Regulation, from a person other than the individual that that

information is about where

(

a) that other person is required or allowed to disclose that

information under subsection (2), or

(

b) its collection from that individual is impracticable, and from

that other person is necessary or unavoidable, in respect of

the Registrar's duties or functions under this Regulation.

(4) In this section, "personal information" means personal information

about an identifiable individual.

Offence

15 A person who contravenes or fails to comply with any of the

following provisions is guilty of an offence:

section 3(1), (2) or (3);

section 4(1), (2), (3) or (4);

section 5;

section 6(1) or (2);

section 7(1);

section 8(1) or (2);

section 9(1);

section 12(1), (2), (3), (5), (6) or (7);

section 13.

Expiry

16 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 March 31, 2015.

Coming into force

17 This Regulation comes into force on the coming into force of the

Security Services and Investigators Act.

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

Alberta Regulation 53/2010

Government Organization Act

DESIGNATION AND TRANSFER OF RESPONSIBILITY

AMENDMENT REGULATION

Filed: April 15, 2010

For information only: Made by the Lieutenant Governor in Council (O.C. 133/2010)

on April 15, 2010 pursuant to sections 16, 17 and 18 of the Government Organization

Act.

1 The Designation and Transfer of Responsibility

Regulation (AR 38/2008) is amended by this Regulation.

Section 24 is amended by adding the following after

subsection (6):

(7) The President of the Treasury Board is designated as the

Minister responsible for the Alberta Public Agencies Governance

Act.

(8) The responsibility for that part of the public service associated

with the part of the appropriation transferred under subsection

(9) is transferred to the President of the Treasury Board.

(9) The responsibility for the administration of the unexpended

balance of that part of element 1.0.1, Office of the

Premier/Executive Council, related to the Agency Governance

Secretariat, of the 2010-11 Government appropriation for

Executive Council is transferred to the President of the Treasury

Board.