Alberta Gazette — 31 March 2022 (Part II)
31 March 2022
Alberta — Gazette
Alberta Regulation 35/2022
Gaming, Liquor and Cannabis Act
GAMING, LIQUOR AND CANNABIS
AMENDMENT REGULATION
Filed: March 2, 2022
For information only: Made by the Lieutenant Governor in Council (O.C. 054/2022)
on March 2, 2022 pursuant to
section 129 of the Gaming, Liquor and Cannabis Act.
1 The Gaming, Liquor and Cannabis Regulation
(AR 143/96) is amended by this Regulation.
Section 2(1)(
d) is amended by striking out "section 28" and
substituting "section 13.2(3)".
Section 8(1)(
c) is amended by striking out "section 28" and
substituting "section 13.2".
Section 9 is amended by striking out "and in
section 28".
5 The following is added after
section 13.1:
Fees and deposits re background checks
13.2(1) This
section applies in respect of the following:
(
a) facility licences other than facility licences issued to the
volunteer executive of a bingo association;
(
b) registrations that authorize a person to deal in gaming
terminals;
(
c) registrations that authorize a person to provide gaming
workers;
(
d) raffle worker registrations;
(
e) registrations that authorize a person to deal in gaming
supplies;
(
f) cannabis licences;
(
g) registrations that authorize a person to act as the
representative of a cannabis supplier in the sale of the
supplier's cannabis.
(2) An applicant for a licence or registration referred to in
subsection (1) must pay a fee for background checks conducted by
the Commission in respect of the applicant, the applicant's
employees and associates and persons with connections to the
applicant.
(3) An applicant for a licence or registration referred to in
subsection (1) must submit to the Commission with the application a
deposit in the amount determined by the board to be used to pay the
fee for background checks.
(4) The holder of a licence or registration referred to in subsection
(1) must pay a fee for background checks conducted by the
Commission, if any, during the term of the licence or registration in
respect of the licensee or registrant, the employees and associates of
the licensee or registrant and persons with connections to the
licensee or registrant.
(5) If required by the Commission, the holder of a licence or
registration referred to in subsection (1) must submit to the
Commission a deposit in the amount determined by the board to be
used to pay the fee for background checks.
(6) If a deposit has been submitted that exceeds the fee for
background checks, the Commission must refund the surplus.
(7) The fee payable for a background check is the actual cost of
conducting the background check.
Section 16 is amended by striking out "54,".
Section 28 is repealed.
Section 47(
f) is amended in subclauses (iii) and (iv) by
striking out "the adult who ordered it" and substituting "any
adult".
Section 54 is repealed.
Section 88 is amended
(
a) by repealing subsection (2) and substituting the
following:
(2) No person may make wine, beer or cider in the person's
residence if the quantity of wine, beer or cider to be made would
cause
(
a) the amount of homemade wine in the residence to
exceed 460 litres,
(
b) the amount of homemade beer in the residence to
exceed 460 litres, or
(
c) the amount of homemade cider in the residence to
exceed 460 litres.
(
b) by repealing subsections (3) and (4).
Section 91.1 is amended by adding the following after
subsection (2):
(3) Subsection (2) does not apply in an entertainment district
designated by a municipality in the municipality's bylaws where the
removal complies with the requirements of the bylaws.
Section 92 is repealed and the following is substituted:
Hours of liquor sale and consumption
92(1) The board may specify the hours that liquor may be sold,
provided or consumed in licensed premises.
(2) If the board specifies hours under subsection (1),
(
a) subject to any conditions affecting a licence, a Class A, B, C,
D, duty free store or special event liquor licensee may
provide or sell liquor in licensed premises only during the
hours specified by the board, and
(
b) no person may consume liquor in licensed premises under a
Class A, B, C or special event liquor licence unless the
consumption occurs during the period specified by the board
or during the hour following that period.
Section 100.1 is repealed.
Section 104(2) is amended by striking out "and" at the
end of clause (
a) and adding the following after clause (b):
(
c) to take and fill orders from an adult who wishes to purchase
cannabis from the licensed premises, and
(
d) to sell cannabis from the licensed premises and deliver it to
any adult at a place where it is lawful to store or consume the
cannabis.
Section 105 is amended
(
a) in subsection (2)(
a) by striking out "a development
permit has been issued under the Municipal Government Act"
and substituting "municipal approval has been provided";
(
b) in subsection (6) by striking out "a a distance" and
substituting "a distance".
Section 109 is amended
(
a) in subsection (1)(
d) by striking out "6 years and keep
the records and supporting documentation for";
(
b) in subsection (2)
(
i) in clause (d)
(
A) by striking out "and cannabis accessories";
(
B) by striking out "are displayed" and
substituting "is displayed";
(ii) by adding the following after clause (d):
(d.1) ensure any cannabis accessories in the licensed
premises are located in an area that is accessible
only by authorized employees of the cannabis
licensee,
(iii) by repealing clause (
f) and substituting the
following:
(
f) ensure that any cannabis not displayed in
accordance with clause (
d) is stored in a locked
storeroom accessible only by authorized
employees of the cannabis licensee,
(iv) in clause (
g) by adding ", other than cannabis
beverages," after "all cannabis";
(
v) by adding "and" at the end of clause (
g) and
adding the following after clause (g):
(
h) ensure that a showcase referred to in clause (
d) is
locked and accessible only by authorized
employees of the cannabis licensee if any cannabis
beverages are stored in the showcase after the
hours of operation of the licensed premises.
Section 121 is repealed and the following is
substituted:
Hours of cannabis sale
121(1) The board may specify the hours when cannabis may be
sold in licensed premises.
(2) Subject to subsection (5), if the board specifies hours under
subsection (1), a cannabis licensee may sell cannabis in the licensed
premises only during those hours.
(3) A municipality may pass bylaws specifying the hours when
cannabis may be sold.
(4) If the board specifies hours for the purpose of subsection (1), a
bylaw referred to in subsection (3) may only reduce the hours when
cannabis may be sold.
(5) If a municipality passes a bylaw reducing the hours when
cannabis may be sold, a cannabis licensee may sell cannabis in a
licensed premises located in that municipality only during the hours
specified in the bylaw.
Section 127 is repealed.
Schedule 3 is repealed.
20 This Regulation comes into force on March 8, 2022.
Alberta Regulation 36/2022
Alberta Housing Act
MANAGEMENT BODY OPERATION AND
ADMINISTRATION AMENDMENT REGULATION
Filed: March 2, 2022
For information only: Made by the Minister of Seniors and Housing (M.O.
H:006/2022) on February 23, 2022 pursuant to
section 34 of the Alberta Housing Act.
1 The Management Body Operation and Administration
Regulation (AR 243/94) is amended by this Regulation.
Section 1(1)
(
a) in subsection (1)
(
i) by adding the following after clause (b):
(b.1) "board member" means a member of a board;
(ii) by repealing clause (c);
(iii) by repealing clause (
e) and substituting the
following:
(e) "social housing accommodation" means social
housing accommodation as defined in the Social
Housing Accommodation Regulation (AR 244/94);
(
b) in subsection (3) by adding "social" before "housing".
Section 2(
a) is amended by adding "social" before
"housing" wherever it occurs.
Section 4 is amended by striking out "A management body"
and substituting "The board of a management body".
Section 5 is repealed and the following is substituted:
Definitions
5 In sections 5.1 to 5.92,
(a) "board member's family" means a board member's spouse or
adult interdependent partner, the board member's children,
the parents of the board member and the parents of the board
member's spouse or adult interdependent partner;
(b) "corporation", "director", "distributing corporation",
"officer", "shareholder", "voting rights" and "voting shares"
have the meanings given to them in the Business
Corporations Act;
(c) "spouse" means the spouse of a married person but does not
include a spouse who is living separate and apart from the
person if the person and spouse have separated pursuant to a
written separation agreement or if their support obligations
and family property have been dealt with by a court order.
6 The following is added after
section 5:
Board member competencies
5.01(1) In this section, "competencies" means knowledge, skills,
experience, expertise and qualifications.
(2) A board shall determine the competencies required for board
members, which must include any competencies required by the
Minister.
(3) A board shall establish a process for the appointment of board
members that ensures board members have the competencies
determined under subsection (2).
(4) Where an order made under
section 5(3)(
c) of the Act provides
for the appointment of board members, a board member must be
appointed in accordance with the process established under
subsection (3).
Section 5.1 is amended
(
a) in subsections (1) and (2) by adding "board" before
"members" wherever it occurs;
(
b) repealing subsections (3) and (4).
Section 5.2 is amended
(
a) in subsection (1)
(
i) by adding "board" before "member" wherever it
occurs;
(ii) in clause (
b) by adding "board" before
"member's";
(
b) in subsection (2)(
d) by adding "board" before
"member";
(
c) by repealing subsection (3) and substituting the
following:
(3) A board member does not have a monetary interest by reason
only of any interest
(
a) that the board member, an employer of the board
member or a member of the board member's family
may have as a tenant of the social housing
accommodation that is operated and administered by the
management body,
(
b) that the board member or a member of the board
member's family may have by reason of being
appointed by the board as a director of a company
incorporated for the purpose of carrying on business for
and on behalf of the management body or by reason of
being appointed as the representative of the board on
another body,
(
c) that the board member or a member of the board
member's family may have with respect to any
allowance, honorarium, remuneration or benefit to
which the board member or member of the board
member's family may be entitled by being appointed by
the board to a position described in clause (b),
(
d) that the board member may have with respect to any
allowance, honorarium, remuneration or benefit to
which the board member may be entitled by being a
board member,
(
e) that the board member or a member of the board
member's family may have by being employed by the
federal or provincial Crown corporation or agency,
except with respect to a matter directly affecting the
department, corporation or agency of which the board
member or member of the board member's family is an
employee,
(
f) that a member of the board member's family may have
by having an employer, other than the management
body, that is monetarily affected by a decision of the
management body,
(
g) that the board member or a member of the board
member's family may have by being a member or
director of a credit union, a co-operative association or a
non-profit organization formed under an enactment or a
service club,
(
h) of the board member, an employer of the board member
or a member of the board member's family, that is held
in common with the majority of the tenants of the social
housing accommodation that is operated and
administered by the management body,
(
i) that is so remote or insignificant that it cannot
reasonably be regarded as likely to influence the board
member, or
(
j) that a board member may have by discussing or voting
on a matter that applies to businesses or business
activities when the board member, an employer of the
board member or a member of the board member's
family has an interest in a business, unless the only
business affected by the matter is the business of the
member, the employer of the board member or the
board member's family.
(
d) in subsection (4) by adding "board" before "member".
Section 5.3 is amended
(
a) in clause (a)
(
i) by striking out "each member" and substituting
"each board member";
(ii) in subclause (
i) by adding "board" before
"member's";
(iii) in subclauses (ii), (iii) and (iv) by adding "board"
before "member" wherever it occurs;
(iv) in subclause (
v) by striking out "the member" and
substituting "the board member";
(
b) by repealing clause (b).
Section 5.4 is amended
(
a) in subsections (1) and (2) by adding "board" before
"member" wherever it occurs;
(
b) in subsection (3)
(
i) by adding "board" before "member" wherever it
occurs;
(ii) by adding "social" before "housing";
(
c) in subsection (4)
(
i) by adding "board" before "member" wherever it
occurs;
(ii) by adding "board" before "member's";
(
d) in subsection (5)
(
i) by adding "board" before "member";
(ii) by adding "board" before "member's";
(
e) in subsection (6) by adding "board" before "member"
wherever it occurs.
Section 5.5 is amended
(
a) by striking out "a member of the management body" and
substituting "a board member";
(
b) in clause (
d) by adding "board" before "member".
Section 5.6 is amended
(
a) in subsection (1)
(
i) in clause (
a) by striking out "the member" and
substituting "the board member";
(ii) in clauses (
b) to (
k) by adding "board" before
"member" wherever it occurs;
(
b) in subsection (3)
(
i) by adding "board" before "member's";
(ii) by striking out "the member" and substituting
"the board member".
Section 5.7 is amended
(
a) in subsection (1) by adding "board" before "member";
(
b) in subsection (2)
(
i) by striking out "If a member" and substituting "If
a board member";
(ii) in clause (a)(
i) by striking out "remain a member"
and substituting "remain a board member";
(iii) in clause (b)
(
A) by adding "social" before "housing";
(
B) in subclause (
i) by striking out "a member of
the board of the management body" and
substituting "a board member".
14 Sections 5.8(1)(b), 5.91(3)(
a) and 5.92(
b) are amended
by adding "board" before "member".
Section 7 is amended
(
a) in subsections (2) and (3) by striking out "members of
the board" and substituting "board members";
(
b) in subsection (4)
(
i) by striking out "member of the board" and
substituting "board member";
(ii) in clause (
a) by adding "board" before
"member's";
(iii) in clause (
b) by adding "board" before "member"
wherever it occurs;
(iv) in clause (c)
(
A) by adding "board" before "member";
(
B) by adding "board" before "member's";
(
c) in subsections (5)(b), (6) and (7) by striking out
"members of the board" and substituting "board
members".
Section 8(1) is amended by striking out "members of the
board" and substituting "board members".
Section 9(1) and (3) are amended by adding "social"
before "housing" wherever it occurs.
Section 14(2) is amended by striking out "2, 11(3), 12, 17,
18, 19, 20, 21, 23, 27 or 28" and substituting "2, 21, 23, 27 or 28".
Section 21(2) is amended by striking out "Members of a
board" and substituting "Board members".
20 The following is added after
section 21:
Application - sections 22 and 23
21.1 Sections 22 and 23 apply to a management body in respect of
social housing accommodation provided by the management body
other than lodge accommodation.
Section 23 is amended
(
a) in subsection (4) by adding "social" before "housing";
(
b) in subsection (6) by striking out "that" and
substituting "than".
22 The following is added after
section 23:
Limits on reserve funds - lodge accommodation
23.1(1) This
section applies to a management body in respect of
lodge accommodation provided by the management body.
(2) In this
section and
section 24, "requisitioned municipalities"
means the municipalities requisitioned by a management body under
section 7 of the Act.
(3) A board may create a reserve fund only with the prior approval
of the requisitioned municipalities.
(4) The requisitioned municipalities may, in accordance with
subsection (5),
(
a) establish limits on the aggregate amounts that may be held in
capital reserve funds or operating reserve funds, and
(
b) provide for the disposition, transfer or allocation of all or any
portion of the funds of the management body in excess of the
amounts referred to in clause (a).
(5) Subject to subsection (6), the requisitioned municipalities may
determine the manner in which the requisitioned municipalities are
to decide or vote on an approval under subsection (3) or a matter
under subsection (4).
(6) If the requisitioned municipalities are unable to make a
determination under subsection (5), the approval or matter must be
decided by a majority vote of the requisitioned municipalities.
(7) A management body shall provide to a requisitioned
municipality on request
(
a) copies of the operating budget or capital budget adopted by
the board for the fiscal year in which the request is made, and
(
b) any other information the requisitioned municipality may
require relating to the maintenance and operation of the
capital reserve funds or operating reserve funds.
Section 24 is repealed and the follow is substituted:
Exceptions
24(1) Notwithstanding sections 22 and 23, where in a year the
Minister provides financial assistance under the Act to a
management body and one or more municipalities have made
payments to the management body under
section 8 of the Act, the
Minister and a majority of the municipalities may agree to a
disposition of surplus that is different from how the surplus would be
treated under sections 22 and 23.
(2) Notwithstanding
section 23.1, where in a year one or more
requisitioned municipalities have made payments to a management
body under
section 7 of the Act, a majority of the requisitioned
municipalities may agree to a disposition of the excess funds referred
to in
section 23.1(4)(
b) that is different from how the excess funds
would be treated under
section 23.1.
Section 28 is amended by striking out "Board" and
substituting "board".
25 The heading preceding
section 29 is repealed and the
following is substituted:
Operation and Administration of
Social Housing Accommodation
Section 29 is amended by adding "social" before
"housing" wherever it occurs.
Section 30(1) is amended by adding "social" before
"housing".
Section 31 is amended
(
a) in subsection (1)
(
i) by adding "social" before "housing" wherever it
occurs;
(ii) by striking out "his designate" and substituting
"the Minister's designate";
(
b) in subsection (2)
(
i) by striking out "The Minister or his designate shall
give reasonable notice of his intention to carry out
repairs" and substituting "The Minister or the
Minister's designate shall give reasonable notice of the
intended repairs";
(ii) in clause (
b) by adding "social" before "housing";
(
c) in subsection (3) by adding "social" before "housing".
Section 32 is amended
(
a) in subsection (1) by adding "social" before "housing"
wherever it occurs;
(
b) in subsection (2)
(
i) by striking out "on a date that is not later than its
reporting date and at any other time required by the
Minister by notice in writing" and substituting "on
request";
(ii) by adding "social" before "housing".
Section 33 is amended by adding "social" before
"housing" wherever it occurs.
Section 34(1), (3), (4) and (5) are amended by adding
"social" before "housing" wherever it occurs.
Section 35(2) is amended by striking out "members of the
board" and substituting "board members".
Section 37(1) and (3) are amended by adding "social"
before "housing" wherever it occurs.
34 The following is added after
section 37:
Expiry
Expiry
37.1 For the purpose of ensuring that this Regulation is reviewed
for ongoing relevancy and necessity, with the option that it may be
repassed in its present or an amended form following a review, this
Regulation expires on September 30, 2027.
35 This Regulation comes into force on the coming into
force of the Alberta Housing Amendment Act, 2021.
Alberta Regulation 37/2022
Alberta Housing Act
SOCIAL HOUSING ACCOMMODATION
AMENDMENT REGULATION
Filed: March 2, 2022
For information only: Made by the Minister of Seniors and Housing (M.O.
H:007/2022) on February 23, 2022 pursuant to
section 34 of the Alberta Housing Act.
1 The Social Housing Accommodation Regulation
(AR 244/94) is amended by this Regulation.
Section 1 is amended
(
a) by repealing subsection (1)(m);
(
b) in subsection (1.1) by adding the following after clause
(b):
(b.1) "social housing accommodation" means a housing or
lodge accommodation provided under
Part 3;
3 This Regulation comes into force on the coming into
force of the Alberta Housing Amendment Act, 2021.
--------------------------------
Alberta Regulation 38/2022
Municipal Government Act
CROWSNEST PASS REPEAL REGULATION
Filed: March 4, 2022
For information only: Made by the Minister of Municipal Affairs (M.O.
MSD:001/22) on February 25, 2022 pursuant to
section 615(2) of the Municipal
Government Act.
1 The Crowsnest Pass Regulation (AR 197/2002) is
repealed.
2 This Regulation comes into force on March 31, 2022.
Alberta Regulation 39/2022
Crown's Right of Recovery Act
CROWN'S RIGHT OF RECOVERY (PRESIDENT OF TREASURY
BOARD AND MINISTER OF FINANCE) AMENDMENT REGULATION
Filed: March 4, 2022
For information only: Made by the President of Treasury Board and Minister of
Finance (M.O. 01/2022) on February 3, 2022 pursuant to
section 40(3) of the Crown's
Right of Recovery Act.
1 The Crown's Right of Recovery (President of Treasury
Board and Minister of Finance) Regulation (AR 89/2012) is
amended by this Regulation.
Section 5 is repealed and the following is substituted:
Penalty
5 A penalty assessed under
section 27 of the Act shall be calculated
to be an amount that is the greater of
(a) $25 per day for each day of default, and
(
b) the sum of
(i) 5% of the unpaid amount, if any, required to be paid
under
section 26 of the Act on the required filing date of
March 15, and
(ii) 1% of the unpaid amount, if any, required to be paid
under
section 26 of the Act on the 15th day of each
subsequent month in which the report remains unfiled.
3 The following is added after
section 8:
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 December 31, 2024.
Alberta Regulation 40/2022
Public Lands Act
RECREATIONAL ACCESS (EXPIRY DATE
EXTENSION) AMENDMENT REGULATION
Filed: March 9, 2022
For information only: Made by the Lieutenant Governor in Council (O.C. 040/2022)
on February 23, 2022 pursuant to
section 9 of the Public Lands Act and jointly with
the Minister of Environment and Parks (M.O. 10/2022) on February 24, 2022
pursuant to
section 62.1 of the Public Lands Act.
1 The Recreational Access Regulation (AR 228/2003) is
amended by this Regulation.
Section 25 is amended by striking out "March 31, 2022"
and substituting "March 31, 2025".
--------------------------------
Alberta Regulation 41/2022
ATB Financial Act
ATB FINANCIAL AMENDMENT REGULATION
Filed: March 9, 2022
For information only: Made by the Lieutenant Governor in Council (O.C. 055/2022)
on March 9, 2022 pursuant to
section 34 of the ATB Financial Act.
1 The ATB Financial Regulation (AR 187/97) is amended by
this Regulation.
Section 9(1) is amended by striking out "in Alberta".
3 Sections 9.1 and 30 are repealed.
Alberta Regulation 42/2022
Alberta Indigenous Opportunities Corporation Act
AUTHORIZED NATURAL RESOURCE SECTORS
AMENDMENT REGULATION
Filed: March 11, 2022
For information only: Made by the Minister of Indigenous Relations (M.O. AIOC
1/2022) on February 8, 2022 pursuant to
section 2(12)(
a) and (
b) of the Alberta
Indigenous Opportunities Corporation Act.
1 The Authorized Natural Resource Sectors Regulation
(AR 27/2020) is amended by this Regulation.
2 The title of the Regulation is repealed and the following
is substituted:
AUTHORIZED PROJECTS REGULATION
Section 1 is amended
(
a) by repealing subsection (1) and substituting the
following:
Authorized natural resource projects
1(1) This
section identifies the authorized natural resource
projects and related infrastructure that fall within the mandate of
the Corporation for the purposes of the Act.
(
b) in subsection (2)
(
i) by striking out "only natural resource projects" and
substituting "only authorized natural resource
projects";
(ii) by adding the following after clause (c):
(
d) agriculture.
4 The following is added after
section 1:
Other authorized projects
1.1(1) This
section identifies other authorized projects and related
infrastructure that fall within the mandate of the Corporation for the
purposes of the Act.
(2) The only other authorized projects and related infrastructure that
fall within the mandate of the Corporation are projects and related
infrastructure in the following industries:
(
a) telecommunications;
(
b) transportation.
--------------------------------
Alberta Regulation 43/2022
Nursing Homes Act
NURSING HOMES OPERATION (EXPIRY DATE EXTENSION)
AMENDMENT REGULATION
Filed: March 14, 2022
For information only: Made by the Minister of Health (M.O. 1/2022) on February
22, 2022 pursuant to
section 24 of the Nursing Homes Act.
1 The Nursing Homes Operation Regulation (AR 258/85) is
amended by this Regulation.
Section 23.1 is amended by striking out "April 30, 2022"
and substituting "April 30, 2027".
--------------------------------
Alberta Regulation 44/2022
Supportive Living Accommodation Licensing Act
SUPPORTIVE LIVING ACCOMMODATION LICENSING (EXPIRY DATE
EXTENSION) AMENDMENT REGULATION
Filed: March 14, 2022
For information only: Made by the Minister of Health (M.O. 2/2022) on February
22, 2022 pursuant to
section 24(2) of the Supportive Living Accommodation
Licensing Act.
1 The Supportive Living Accommodation Licensing
Regulation (AR 40/2010) is amended by this Regulation.
Section 9 is amended by striking out "March 31, 2022" and
substituting "March 31, 2027".