REGULATED PROFESSIONS NEUTRALITY ACT (RSA 2000 cR-13.3)

RSA 2000 cR-13.3

Alberta — Consolidated Statutes

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Chapter R-13.3 REGULATED PROFESSIONS NEUTRALITY ACT

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1 REGULATED PROFESSIONS NEUTRALITY ACT

Chapter R-13.3 Table of Contents 1

Interpretation 2 Application to government regulatory bodies 3 Paramountcy 4 Practice of regulated profession 5 Sanctions for expressive conduct 6 Neutrality of regulatory bodies 7 Restrictions on mandatory education or training 8 Prohibited education or training 9 Education credentials 1 0 Standard of review 11 Regulations 1 2 Transitional Consequential and Related Amendments 13-23 Consequential and related amendments 24 Coming into force Schedules

Preamble

WHEREAS freedom of thought, belief, opinion and expression is of foundational importance to Albertan society;

WHEREAS Albertans should not be discouraged from holding a wide array of views on political, historical, social or cultural issues and freely expressing their opinions and beliefs;

WHEREAS it is recognized in Alberta, as a fundamental principle and as a matter of public policy, that all persons are equal in dignity and should not be arbitrarily assigned value or blame based on their personal identity characteristics or beliefs;

Section 1

Chapter R-13.3 2 REGULATED PROFESSIONS NEUTRALITY ACT

WHEREAS professional regulatory bodies protect the public interest by setting standards of competence and ethical conduct for regulated professionals to ensure that regulated professionals uphold the trust placed in them and that Albertans can be confident in the services they provide; and

WHEREAS it is in the public interest that professional regulatory bodies act in accordance with the above principles and not beyond the scope of their legitimate role; THEREFORE HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Interpretation 1(1) In this Act, (a) “applicable enactment” me ans

an Act, regulation, order, bylaw or other instrument that governs a regulated profession, or more than one regulated profession, and that is of specific application to the regulated profession or regulated professions; (b) “education or training” mean s education or training that (

i) must be completed to become a regulated professional, (ii) must be completed to continue to practice a regulated profession, or (iii) is imposed by a regulator y appeal body or regulatory body and must be completed as part of a disciplinary process; (c) “practice of the regulated profession” means the activities described in

section 4(2) with respect to a regulated profession; (d) “regulated profession” means a profession, occupation or trade listed in

Schedule 1 or prescribed in the regulations; (e) “regulated professional” means an individual who is or was (

i) a member of a reg ulated profession, (ii) licensed, certified or regis tered to practice a regulated profession, or (iii) otherwise authorized to pr actice a regulated profession;

Section 2

Chapter R-13.3 3 REGULATED PROFESSIONS NEUTRALITY ACT (f) “regulatory appeal body” means a person or body other than a court that is authorized under an applicable enactment (

i) to hear and decide appeal s from a decision of another regulatory appeal body or a decision of a regulatory body respecting a regulated professional, or (ii) to review

an act or decision of another regulatory appeal body or a regulatory body respecting a regulated professional; (g) “regulatory body” means a person or body listed in

Schedule 2 or prescribed in the regulations.

(2) A reference to diversity, equity or inclusion in this Act does not affect a person’s rights, responsibilities or duties under the Alberta Human Rights Act. Application to government regulatory bodies 2 If a regulatory appeal body or regulatory body is a Minister or an employee under the Public Service Act, this Act applies to the Minister or employee only with respect to the Minister or employee acting in their capacity as a regulatory appeal body or regulatory body.

Paramountcy 3 If a provision of this Act or the regulations is inconsistent or in conflict with a provision of the following enactments, the provision of this Act or the regulations, as the case may be, prevails to the extent of the inconsistency or conflict: (

a) an applicable enactment; (

b) t h e Fair Registration Practices Act; (

c) t h e Labour Mobility Act. Practice of regulated profession 4(1) In this section, “professional services” means activities a regulated professional carries out (

a) within the scope of the re gulated profession as set out in an applicable enactment, or (

b) in their capacity as a regula ted professional and that are ancillary or related to the regulated profession.

(2) A regulated professional engages in the practice of the regulated profession if the regulated professional is

Section 5

Chapter R-13.3 4 REGULATED PROFESSIONS NEUTRALITY ACT (

a) providing professional services, (

b) carrying out an activity dir ectly related to the operation of a business or organization that is associated with the provision of professional services by the regulated professional, (

c) interacting with a person wh o is carrying out an activity directly related to the operation of a business or organization that is associated with the provision of professional services by the regulated professional, (

d) interacting with a person if the interaction is related to the provision of professional services by the regulated professional and one or more of the following apply: (

i) the person is a perso n with whom the regulated professional interacts in the course of providing professional services; (ii) the person is a regulated professional in the same regulated profession as the regulated professional or a related regulated profession; (iii) the interaction occurs in a location where regulated professionals in the same regulated profession as the regulated professional typically provide professional services, o r (

e) interacting with the regulatory appeal body or regulatory body of the regulated profession to which the regulated professional belongs. Sanctions for expressive conduct 5(1) In this section, (a) “authorizing enactment” me ans

an Act or regulation that authorizes a regulatory appeal body or regulatory body, as the case may be, to impose sanctions on a regulated professional for expressive conduct that occurs outside of the practice of the regulated profession, but does not include a regulation made by a regulatory appeal body or regulatory body other than a Minister; (b) “expressive conduct” mean s an activity or communication that conveys or attempts to convey meaning, but does not include physical violence or property damage;

Section 5

Chapter R-13.3 5 REGULATED PROFESSIONS NEUTRALITY ACT (c) “sanction” means a sanction imposed by a regulatory appeal body or a regulatory body under an applicable enactment and includes a penalty, undertaking, condition, restriction or requirement or the suspension or cancellation of an authorization to practice a regulated profession, but does not include the imposition of (

i) an administrative penalty, or (ii) a penalty imposed in relation to an offence under the applicable enactment; (d) “student” means, in subsection (2)(b)(v)(C), (vi) and (vii)(A), a person who is enrolled in a school as defined in the Education Act.

(2) A regulatory appeal body or regulatory body must not impose a sanction on a regulated professional for expressive conduct of the regulated professional that occurs outside the practice of the regulated profession unless (

a) an authorizing enactment expressly authorizes the regulato ry appeal body or regulatory body to do so, and (

b) the expressive conduct involves one or more of the following: (

i) a threat of physical violence; (ii) misuse of the regulated professional’s position in their regulated profession with the intention of causing physical, psychological or financial harm to an identifiable person; (iii) expressive conduct with res pect to which the regulated professional has been convicted of an offence; (iv) misconduct with respect to professional boundaries with (

A) a client, patient or student of the regulated professional, or (

B) a close relative, guardia n or caregiver of a person referred to in paragraph (A); (

v) expressive conduct of a sexual nature in relation to (

A) a client, patient or student of the regulated professional,

Section 6

Chapter R-13.3 6 REGULATED PROFESSIONS NEUTRALITY ACT (

B) a close relative, guardia n or caregiver of a person referred to in paragraph (A), (

C) a minor or a student, or (

D) an individual with whom the regulated professional interacts in the course of the practice of the regulated profession; (vi) communication intentionally made to a minor or a student that (

A) has an improper sexual character or purpose, or (

B) is characteristic or in fur therance of an inappropriate personal relationship with the minor or student; (vii) communication of a sexual image or video (

A) intended to be accessed by a minor or student, or (

B) distributed on a platform that is not restricted to adults.

(3) Nothing in this

section precludes a regulatory appeal body or regulatory body from imposing a sanction on a regulated professional for the disclosure of client, patient or student information. Neutrality of regulatory bodies 6(1) In this section, “enumerated personal characteristic” means a person’s race, colour, ancestry, national or ethnic origin, religious belief, political belief, conscientious belief, sex, sexual orientation or gender identity.

(2) A regulatory appeal body or regulatory body must not, with respect to a principle set out in subsection (3), (

a) promote or affirm the principle, (

b) act, make a deci sion or omit to act or make a decision in accordance with the principle, or (

c) make, amend, repeal or ma intain regulations, bylaws, policies or other instruments in accordance with the principle.

(3) The following principles apply for the purposes of subsection (2):

Section 7

Chapter R-13.3 7 REGULATED PROFESSIONS NEUTRALITY ACT (

a) a person’s value is or should be determined in whole or in part based on an enumerated personal characteristic; (

b) a person is morally superio r to another person because of an enumerated personal characteristic; (

c) a person is necessarily b iased or oppressive, whether consciously or unconsciously, because of an enumerated personal characteristic; (

d) a person’s status as privileged or disadvantaged is necessarily determined by an enumerated personal characteristic; (

e) a person bears responsibility for actions committed by another person with the same enumerated personal characteristic as that person because of the shared enumerated personal characteristic even though that person had no involvement in the actions; (

f) a person should receive adver se or preferential treatment because of an enumerated personal characteristic to achieve diversity, equity or inclusion; (

g) any other principle set out in the regulations. Restrictions on mandatory education or training 7(1) A regulatory appeal body or regulatory body may require a regulated professional or person seeking to become a regulated professional to complete education or training only if that education or training relates to professional competence or ethical standards for the practice of the regulated profession.

(2) A regulatory appeal body or regulatory body may require a regulated professional or person seeking to become a regulated professional to complete education or training that addresses a political, historical, social or cultural issue only if (

a) the education or training directly and specifically addres ses a matter of professional competence or minimum ethical standards for the practice of the regulated profession, (

b) the education or training is necessary to provide the regulated professional or person seeking to become a regulated professional with effective education or training with respect to a matter of professional competence or minimum ethical standards for the practice of the regulated profession, and

Section 8

Chapter R-13.3 8 REGULATED PROFESSIONS NEUTRALITY ACT (

c) the education or training do es not seek to dictate, expressly or by implication, the range of acceptable or unacceptable opinions or beliefs on any political, historical, social or cultural issue or on a matter of conscience. Prohibited education or training 8 Despite anything to the contrary in

section 7, a regulatory appeal body or regulatory body must not require a regulated professional or person seeking to become a regulated professional to complete education or training that addresses one or more of the following matters: (

a) cultural competency; (

b) unconscious bias; (

c) diversity, equity or inclusion; (

d) any other matter speci fied in the regulations. Education credentials 9(1) Sections 7 and 8 do not preclude a regulatory appeal body or regulatory body from requiring a person seeking to become a regulated professional to hold a particular education credential even if the education or training leading to the credential requires the person to take a course or training that addresses (

a) a political, historical, soc ial or cultural issue, or (

b) a matter set out in

section 8. (2) Subsection (1) applies only if the regulatory appeal body or regulatory body did not recommend or direct that subject matter or content addressing a matter referred to in subsection (1)(

a) or (

b) be included in the course or training.

(3) Despite subsection (2), if a regulatory appeal body or regulatory body recommends or directs that subject matter or content addressing a matter referred to in subsection (1)(

a) be included in the course or training, subsection (1) still applies if the subject matter or content recommended or directed meets the requirements set out in

section 7(2). Standard of review 10(1) On an application to a regulatory appeal body or a court for an appeal or review of

an act or decision of a regulatory appeal body or regulatory body, the standard of review for the regulatory appeal body or court to apply with respect to the following matters is correctness:

Section 11

Chapter R-13.3 9 REGULATED PROFESSIONS NEUTRALITY ACT (

a) whether the regulatory appeal body or regulatory body has complied with this Act; (

b) the

interpretation or application of the Canadian Charter of Rights and Freedoms or the Alberta Bill of Rights.

(2) On an application for judicial review of

an act or decision of a regulatory appeal body or regulatory body, the standard of review for the court to apply with respect to the following matters is correctness: (

a) whether the regulatory appeal body or regulatory body has complied with this Act; (

b) the

interpretation or application of the Canadian Charter of Rights and Freedoms or the Alberta Bill of Rights. Regulations 11(1) The Lieutenant Governor in Council may make regulations (

a) prescribing professions, occupations or trades as regulate d professions for the purposes of

section 1(1)(d); (

b) prescribing persons or bodies as regulatory bodies for the purposes of

section 1(1)(g); (

c) prescribing other principles for the purposes of

section 6(3)(g); (

d) prescribing other matters for the purposes of

section 8(d) .

(2) A regulation made under subsection (1) is repealed on the earliest of (

a) the coming into force of an amendment that adds the subject matter of the regulation to this Act, (

b) the coming into force of a regulation that repeals the regulation made under subsection (1), or (c) 3 years after the regul ation comes into force. Transitional 12(1) Any proceeding conducted by a regulatory body that is commenced under an applicable enactment but not concluded before the coming into force of this Act is to be dealt with in accordance with this Act.

(2) Any proceeding conducted by a regulatory appeal body or a court that is commenced under an applicable enactment but not

Section 13

Chapter R-13.3 10 REGULATED PROFESSIONS NEUTRALITY ACT completed before the coming into force of this Act is to be dealt with in accordance with the law as it existed immediately before the coming into force of this Act. Consequential and Related Amendments Amends RSA 2000 cC-3 13(1) The Cemeteries Act is amended by this section.

(2) The following is added after

section 52: Expressive conduct outside of practice of regulated profession 52.1(1) In this section, (a) “expressive conduct” means expressive conduct as defined in

section 5(1)(

b) of the Regulated Professions Neutrality Act; (b) “practice of the regulated profession” means the practice of the regulated profession within the meaning of

section 4 of the Regulated Professions Neutrality Act; (c) “regulated professional” m eans a regulated professional, as defined in the Regulated Professions Neutrality Act, who is governed by this Act or a regulation made under this Act; (d) “regulatory appeal body” means a regulatory appeal body, as defined in the Regulated Professions Neutrality Act, that is governed by this Act or a regulation made under this Act; (e) “regulatory body” means a regulatory body, as defined in the Regulated Professions Neutrality Act, that is governed by this Act or a regulation made under this Act; (f) “sanction” means a sanction, as defined in

section 5(1)(

c) of the Regulated Professions Neutrality Act, that a regulatory appeal body or regulatory body may impose in accordance with this Act or a regulation made under this Act.

(2) A regulatory appeal body or regulatory body may impose a sanction on a regulated professional with respect to expressive conduct that occurs outside of the practice of the regulated profession only if the conduct involves a type of expressive conduct set out in

section 5(2)(

b) of the Regulated Professions Neutrality Act.

Section 14

Chapter R-13.3 11 REGULATED PROFESSIONS NEUTRALITY ACT Amends RSA 2000 cC-26.3 14(1) The Consumer Protection Act is amended by this section.

(2) The following is added after

section 135: Expressive conduct outside of practice of regulated profession 135.1(1) In this section, (a) “expressive conduct” means expressive conduct as defined in

section 5(1)(

b) of the Regulated Professions Neutrality Act; (b) “practice of the regulated profession” means the practice of the regulated profession within the meaning of

section 4 of the Regulated Professions Neutrality Act; (c) “regulated professional” m eans a regulated professional, as defined in the Regulated Professions Neutrality Act, who is governed by this Act or a regulation made under this Act; (d) “regulatory appeal body” means a regulatory appeal body, as defined in the Regulated Professions Neutrality Act, that is governed by this Act or a regulation made under this Act; (e) “regulatory body” means a regulatory body, as defined in the Regulated Professions Neutrality Act, that is governed by this Act or a regulation made under this Act; (f) “sanction” means a sanction, as defined in

section 5(1)(

c) of the Regulated Professions Neutrality Act, that a regulatory appeal body or regulatory body may impose in accordance with this Act or a regulation made under this Act.

(2) A regulatory appeal body or regulatory body may impose a sanction on a regulated professional with respect to expressive conduct that occurs outside of the practice of the regulated profession only if the conduct involves a type of expressive conduct set out in

section 5(2)(

b) of the Regulated Professions Neutrality Act. Amends SA 2012 cE-0.3 15(1) The Education Act is amended by this section.

(2) The following is added after

section 225.5:

Section 15

Chapter R-13.3 12 REGULATED PROFESSIONS NEUTRALITY ACT Expressive conduct outside of practice of regulated profession 225.51(1) In this section, (a) “expressive conduct” means expressive conduct as defined in

section 5(1)(

b) of the Regulated Professions Neutrality Act; (b) “practice of the regulated profession” means the practice of the regulated profession within the meaning of

section 4 of the Regulated Professions Neutrality Act; (c) “predecessor to this Act” includes the Teaching Profession Act as it read immediately before the coming into force of sections 17(1) to (6) and (8) to (10) of the Education (Reforming Teacher Profession Discipline) Amendment Act, 2022; (d) “regulated professional” means a regulated professional, as defined in the Regulated Professions Neutrality Act, who is governed by this Act or a predecessor to this Act or a regulation made under this Act or a predecessor to this Act; (e) “regulatory appeal body” means a regulatory appeal body, as defined in the Regulated Professions Neutrality Act, that is governed by this Act or a predecessor to this Act or a regulation made under this Act or a predecessor to this Act; (f) “regulatory body” means a regulatory body, as defined in the Regulated Professions Neutrality Act, that is governed by this Act or a predecessor to this Act or a regulation made under this Act or a predecessor to this Act; (g) “sanction” means a sanction, as defined in

section 5(1)(

c) of the Regulated Professions Neutrality Act, that a regulatory appeal body or regulatory body may impose in accordance with this Act or a predecessor to this Act or a regulation made under this Act or a predecessor to this Act.

(2) A regulatory appeal body or regulatory body may impose a sanction on a regulated professional with respect to expressive conduct that occurs outside of the practice of the regulated profession only if the conduct involves a type of expressive conduct set out in

section 5(2)(

b) of the Regulated Professions Neutrality Act.

Section 16

Chapter R-13.3 13 REGULATED PROFESSIONS NEUTRALITY ACT Amends SA 2019 cF-1.5 16 The Fair Registration Practices Act is amended in

section 18 by adding “and the Regulated Professions Neutrality Act” after “the Labour Mobility Act”. Amends RSA 2000 cF-29 17(1) The Funeral Services Act is amended by this section.

(2) The following is added after

section 15: Expressive conduct outside of practice of regulated profession 15.1(1) In this section, (a) “expressive conduct” means expressive conduct as defined in

section 5(1)(

b) of the Regulated Professions Neutrality Act; (b) “practice of the regulated profession” means the practice of the regulated profession within the meaning of

section 4 of the Regulated Professions Neutrality Act; (c) “regulated professional” m eans a regulated professional, as defined in the Regulated Professions Neutrality Act, who is governed by this Act or a regulation made under this Act; (d) “regulatory appeal body” means a regulatory appeal body, as defined in the Regulated Professions Neutrality Act, that is governed by this Act or a regulation made under this Act; (e) “regulatory body” means a regulatory body, as defined in the Regulated Professions Neutrality Act, that is governed by this Act or a regulation made under this Act; (f) “sanction” means a sanction, as defined in

section 5(1)(

c) of the Regulated Professions Neutrality Act, that a regulatory appeal body or regulatory body may impose in accordance with this Act or a regulation made under this Act.

(2) A regulatory appeal body or regulatory body may impose a sanction on a regulated professional with respect to expressive conduct that occurs outside of the practice of the regulated profession only if the conduct involves a type of expressive conduct set out in

section 5(2)(

b) of the Regulated Professions Neutrality Act.

Section 18

Chapter R-13.3 14 REGULATED PROFESSIONS NEUTRALITY ACT Amends RSA 2000 cH-7 18(1) The Health Professions Act is amended by this section.

(2) The following is added after

section 96.2: Expressive conduct outside of practice of regulated profession 96.3(1) In this section, (a) “expressive conduct” means expressive conduct as defined in

section 5(1)(

b) of the Regulated Professions Neutrality Act; (b) “practice of the regulated profession” means the practice of the regulated profession within the meaning of

section 4 of the Regulated Professions Neutrality Act; (c) “regulated professional” m eans a regulated professional, as defined in the Regulated Professions Neutrality Act, who is governed by this Act or a regulation made under this Act; (d) “regulatory appeal body” means a regulatory appeal body, as defined in the Regulated Professions Neutrality Act, that is governed by this Act or a regulation made under this Act; (e) “regulatory body” means a regulatory body, as defined in the Regulated Professions Neutrality Act, that is governed by this Act or a regulation made under this Act; (f) “sanction” means a sanction, as defined in

section 5(1)(

c) of the Regulated Professions Neutrality Act, that a regulatory appeal body or regulatory body may impose in accordance with this Act or a regulation made under this Act.

(2) A regulatory appeal body or regulatory body may impose a sanction on a regulated professional with respect to expressive conduct that occurs outside of the practice of the regulated profession only if the conduct involves a type of expressive conduct set out in

section 5(2)(

b) of the Regulated Professions Neutrality Act. Amends RSA 2000 cH-11.3 19(1) The Horse Racing Alberta Act is amended by this section.

(2) The following is added after

section 20:

Section 20

Chapter R-13.3 15 REGULATED PROFESSIONS NEUTRALITY ACT Expressive conduct outside of practice of regulated profession 20.1(1) In this section, (a) “expressive conduct” means expressive conduct as defined in

section 5(1)(

b) of the Regulated Professions Neutrality Act; (b) “practice of the regulated profession” means the practice of the regulated profession within the meaning of

section 4 of the Regulated Professions Neutrality Act; (c) “regulated professional” m eans a regulated professional, as defined in the Regulated Professions Neutrality Act, who is governed by this Act or a regulation made under this Act; (d) “regulatory appeal body” means a regulatory appeal body, as defined in the Regulated Professions Neutrality Act, that is governed by this Act or a regulation made under this Act; (e) “regulatory body” means a regulatory body, as defined in the Regulated Professions Neutrality Act, that is governed by this Act or a regulation made under this Act; (f) “sanction” means a sanction, as defined in

section 5(1)(

c) of the Regulated Professions Neutrality Act, that a regulatory appeal body or regulatory body may impose in accordance with this Act or a regulation made under this Act.

(2) A regulatory appeal body or regulatory body may impose a sanction on a regulated professional with respect to expressive conduct that occurs outside of the practice of the regulated profession only if the conduct involves a type of expressive conduct set out in

section 5(2)(

b) of the Regulated Professions Neutrality Act. Amends SA 2021 cL-0.7 20 The Labour Mobility Act is amended in

section 19 by adding the following after subsection (2):

(3) Despite subsection (1), if there is any inconsistency or conflict with a provision of this Act and the Regulated Professions Neutrality Act, the Regulated Professions Neutrality Act prevails to the extent of the inconsistency or conflict.

Section 21

Chapter R-13.3 16 REGULATED PROFESSIONS NEUTRALITY ACT Amends RSA 2000 cL-8 21(1) The Legal Profession Act is amended by this section.

(2) The following is added after

section 49: Expressive conduct outside of practice of regulated profession 49.1(1) In this section, (a) “expressive conduct” means expressive conduct as defined in

section 5(1)(

b) of the Regulated Professions Neutrality Act; (b) “practice of the regulated profession” means the practice of the regulated profession within the meaning of

section 4 of the Regulated Professions Neutrality Act; (c) “regulated professional” m eans a regulated professional, as defined in the Regulated Professions Neutrality Act, who is governed by this Act or a regulation made under this Act; (d) “regulatory appeal body” means a regulatory appeal body, as defined in the Regulated Professions Neutrality Act, that is governed by this Act or a regulation made under this Act; (e) “regulatory body” means a regulatory body, as defined in the Regulated Professions Neutrality Act, that is governed by this Act or a regulation made under this Act; (f) “sanction” means a sanction, as defined in

section 5(1)(

c) of the Regulated Professions Neutrality Act, that a regulatory appeal body or regulatory body may impose in accordance with this Act or a regulation made under this Act.

(2) A regulatory appeal body or a regulatory body may impose a sanction on a regulated professional with respect to expressive conduct that occurs outside of the practice of the regulated profession only if the conduct involves a type of expressive conduct set out in

section 5(2)(

b) of the Regulated Professions Neutrality Act. Amends SA 2025 cP-25.5 22(1) The Professional Governance Act is amended by this section.

(2) The following is added after

section 179:

Section 23

Chapter R-13.3 17 REGULATED PROFESSIONS NEUTRALITY ACT Expressive conduct outside of practice of regulated profession 179.1(1) In this section, (a) “expressive conduct” means expressive conduct as defined in

section 5(1)(

b) of the Regulated Professions Neutrality Act; (b) “practice of the regulated profession” means the practice of the regulated profession within the meaning of

section 4 of the Regulated Professions Neutrality Act; (c) “regulated professional” m eans a regulated professional, as defined in the Regulated Professions Neutrality Act, who is governed by this Act or a regulation made under this Act; (d) “regulatory appeal body” means a regulatory appeal body, as defined in the Regulated Professions Neutrality Act, that is governed by this Act or a regulation made under this Act; (e) “regulatory body” means a regulatory body, as defined in the Regulated Professions Neutrality Act, that is governed by this Act or a regulation made under this Act; (f) “sanction” means a sanction, as defined in

section 5(1)(

c) of the Regulated Professions Neutrality Act, that a regulatory appeal body or regulatory body may impose in accordance with this Act or a regulation made under this Act.

(2) A regulatory appeal body or regulatory body may impose a sanction on a regulated professional with respect to expressive conduct that occurs outside of the practice of the regulated profession only if the conduct involves a type of expressive conduct set out in

section 5(2)(

b) of the Regulated Professions Neutrality Act. Amends RSA 2000 cR-5 23(1) The Real Estate Act is amended by this section.

(2) The following is added after

section 17.1: Expressive conduct outside of practice of regulated profession 17.2(1) In this section,

Section 24

Chapter R-13.3 18 REGULATED PROFESSIONS NEUTRALITY ACT (a) “expressive conduct” means expressive conduct as defined in

section 5(1)(

b) of the Regulated Professions Neutrality Act; (b) “practice of the regulated profession” means the practice of the regulated profession within the meaning of

section 4 of the Regulated Professions Neutrality Act; (c) “regulated professional” m eans a regulated professional, as defined in the Regulated Professions Neutrality Act, who is governed by this Act or a regulation made under this Act; (d) “regulatory appeal body” means a regulatory appeal body, as defined in the Regulated Professions Neutrality Act, that is governed by this Act or a regulation made under this Act; (e) “regulatory body” means a regulatory body, as defined in the Regulated Professions Neutrality Act, that is governed by this Act or a regulation made under this Act; (f) “sanction” means a sanction, as defined in

section 5(1)(

c) of the Regulated Professions Neutrality Act, that a regulatory appeal body or regulatory body may impose in accordance with this Act or a regulation made under this Act.

(2) A regulatory appeal body or regulatory body may impose a sanction on a regulated professional with respect to expressive conduct that occurs outside of the practice of the regulated profession only if the conduct involves a type of expressive conduct set out in

section 5(2)(

b) of the Regulated Professions Neutrality Act. Coming into force 24 This Act comes into force on Proclamation.

Schedule 1

Chapter R-13.3 19 REGULATED PROFESSIONS NEUTRALITY ACT

Schedule 1 Regulated Professions For the purposes of

section 1(1)(

d) of the Act, the following professions, occupations and trades are regulated professions: (

a) a salesperson registe red under

section 16 of the Automotive Business Regulation (AR 192/99); (

b) a person who holds a pre-ne ed contract sales licence issued under the Cemeteries Act; (

c) a teacher as defined in the Certification of Teachers and Teacher Leaders Regulation (AR 123/2022) or a predecessor to that Regulation; (

d) a teacher leader a s defined in the Certification of Teachers and Teacher Leaders Regulation (AR 123/2022) or a predecessor to that Regulation; (

e) an individual who holds a collector’s licence under the regulations made under the Consumer Protection Act; (

f) an individual who holds a debt repayment agent’s licence under the regulations made under the Consumer Protection Act; (

g) a licensed home inspector as defined in the regulations ma de under the Consumer Protection Act; (

h) a holder of a child care certification issued under the regulations made under the Early Learning and Child Care Act; (

i) a holder of an applicator certificate issued under the regulations made under the Environmental Protection and Enhancement Act; (

j) a holder of a dispenser certificate issued under the regulations made under the Environmental Protection and Enhancement Act; (

k) a holder of a scaler’s permit issued under the regulations made under the Forests Act; (

l) an embalmer as defined in the regulations made under the Funeral Services Act;

Schedule 1

Chapter R-13.3 20 REGULATED PROFESSIONS NEUTRALITY ACT (

m) a funeral director as defined in the regulations made unde r the Funeral Services Act; (

n) a holder of a business manager licence issued under the regulations made under the Funeral Services Act; (

o) a pre-need salesperson as defined in the regulations made under the Funeral Services Act; (

p) a regulated profession as defined in the Health Professions Act; (

q) an individual who holds a licence in accordance with

section 13 of the Horse Racing Alberta Act; (

r) an individual who holds a ce rtificate of authority as defined in the Insurance Act; (

s) a land agent as defined in the Land Agents Licensing Act; (

t) a member as defined in the Legal Profession Act; (

u) a student-at-law as defined in the Legal Profession Act; (

v) a blaster as defined in the Occupational Health and Safety Code made under the Occupational Health and Safety Act; (

w) an audiometric technician as defined in the Occupational Health and Safety Code made under the Occupational Health and Safety Act; (

x) an individual who meets the requirements in

section 37(2) of the Occupational Health and Safety Code made under the Occupational Health and Safety Act; (

y) an underground mine foreman as defined in the Occupational Health and Safety Code made under the Occupational Health and Safety Act; (

z) an underground mine manager as defined in the Occupational Health and Safety Code made under the Occupational Health and Safety Act; (aa) a pulmonary function technician as defined in the Occupational Health and Safety Code made under the Occupational Health and Safety Act; (bb) a person who

Schedule 1

Chapter R-13.3 21 REGULATED PROFESSIONS NEUTRALITY ACT (

i) meets the requirements set out in

section 43 of the Pressure Equipment Safety Regulation (AR 49/2006), or (ii) is an inspector acceptable to the Administrator within the meaning of

section 31(2) or 40(7)(

b) of the Pressure Equipment Safety Regulation (AR 49/2006); (cc) a regulated profession as defined in the Professional Governance Act; (dd) an individual who is a licensee as defined in the Real Estate Act; (ee) a person who ho lds a certificate of competency issued under the regulations made under the Safety Codes Act; (ff) a person who holds a mas ter electrician certificate of competency under the regulations made under the Safety Codes Act; (gg) a person who holds a water and sewer connection installer certificate of competency issued under the Safety Codes Act; (hh) a power engineer as defined in the regulations made under the Safety Codes Act; (ii) a private sewage installer as defined in the regulations made under the Safety Codes Act; (jj) a restricted private sewa ge installer as defined in the regulations made under the Safety Codes Act; (kk) a safety codes officer as defined in the Safety Codes Act; (ll) an individual registered in accordance with

Part 5 of the Securities Act; (mm) an individual worker who holds an individual licence issu ed under the regulations made under the Security Services and Investigators Act; (nn) a designated trad e as defined in the Skilled Trades and Apprenticeship Education Act; (oo) a driving instructor as defined in the regulations made u nder the Traffic Safety Act; (pp) a licensed driver examiner as defined in the regulations made under the Traffic Safety Act;

Schedule 2

Chapter R-13.3 22 REGULATED PROFESSIONS NEUTRALITY ACT (qq) a technician as defined in the regulations made under the Traffic Safety Act; (rr) a certified operator as defined in

section 1(1)(

c) of the Wastewater and Storm Drainage (Ministerial) Regulation (AR 120/93); (ss) a designated guide as defin ed in the regulations made under the Wildlife Act.

Schedule 2 Regulatory Bodies For the purposes of

section 1(1)(

g) of the Act, the following persons and bodies are regulatory bodies: (

a) the Director as defined in the Cemeteries Act; (

b) the Director as defined in the Consumer Protection Act; (

c) the Minister responsible for the Early Learning and Child Care Act; (

d) the statutory director as defined in the Early Learning and Child Care Act; (

e) the Commissioner as defined in the Education Act; (

f) a hearing committee as defin ed in

section 225.1 of the Education Act; (

g) the Minister responsible for the Education Act; (

h) the panel as defined in

section 225.1 of the Education Act; (

i) the Registrar as defined in the Education Act; (

j) a person or entity authorized to exercise powers or carry out duties or functions under the Education Act Transitional Regulation (AR 125/2022) as it read immediately before its repeal; (

k) the Minister responsible for the Environmental Protection and Enhancement Act; (

l) a director as defined in the Forests Act;

Schedule 2

Chapter R-13.3 23 REGULATED PROFESSIONS NEUTRALITY ACT (

m) the Alberta Funeral Servi ces Regulatory Board continued under the regulations made under the Funeral Services Act; (

n) the Director as defined in the Funeral Services Act; (

o) any office, position or entity that is authorized to exercise powers or carry out duties or functions under the Health Professions Act, other than (

i) an employer within the meaning of that Act, (ii) the Minister as defined i n that Act, except when the Minister is acting under

section 135.1(1) or 135.5(1) of that Act, (iii) a court, and (iv) the Lieutenant Governor in Council; (

p) the Corporation as defined in the Horse Racing Alberta Act; (

q) an insurance coun cil as defined in the Insurance Act; (

r) the Minister responsible for the Insurance Act; (

s) the Registrar as defined in the Land Agents Licensing Act; (

t) any office, person or entity authorized to exercise powers or carry out duties or functions under the Legal Profession Act, other than (

i) a court, (ii) the Appeal Committee established under that Act, (iii) the Alberta Law Foundatio n continued under that Act, (iv) the board of directors established under that Act, (

v) the Legal Aid Society of Alberta, (vi) the Lieutenant Governor in Council, and (vii) the Minister responsible for that Act; (

u) a Director as defined in the Occupational Health and Safety Act;

Schedule 2

Chapter R-13.3 24 REGULATED PROFESSIONS NEUTRALITY ACT (

v) a Director of Medical S ervices as defined in the Occupational Health and Safety Act; (

w) an organization approved by a Director as referred to in

section 468.1(1)(

b) of the Occupational Health and Safety Code made under the Occupational Health and Safety Act; (

x) an organization approved by a Director as referred to in

section 749.4(1)(

b) of the Occupational Health and Safety Code made under the Occupational Health and Safety Act; (

y) the Director as defined in the Pesticide Sales, Handling, Use and Application Regulation (AR 24/97); (

z) any office, person or entity authorized to exercise powers or carry out duties or functions under the Professional Governance Act, other than (

i) a c o u r t , (ii) the Lieutenant Governor in Council, (iii) an appeal tribunal as defined in the Professional Governance Act, and (iv) a professional governan ce officer as defined in the Professional Governance Act; (aa) a Hearing Panel established or appointed under the Real Estate Act; (bb) an Industry Council as defined in the Real Estate Act; (cc) the Council as defined in the Real Estate Act; (dd) the registrar as defined in the Real Estate Act; (ee) the Administrator appointed under the Safety Codes Act with respect to certificates of competency for master electricians; (ff) the Administrator appointed under the Safety Codes Act with respect to the certification and designation of safety code officers; (gg) the Administrator appointed under the Safety Codes Act with respect to plumbing and gas;

Schedule 2

Chapter R-13.3 25 REGULATED PROFESSIONS NEUTRALITY ACT (hh) the Administrator appointed under the Safety Codes Act with respect to pressure equipment discipline; (ii) the Administrator appointed under the Safety Codes Act with respect to private sewage systems; (jj) the Executive Director as defined in the Securities Act; (kk) the Minister responsible for the Security Services and Investigators Act; (ll) the Registrar as defined in the Security Services and Investigators Act; (mm) the Administrator as defined in the Skilled Trades and Apprenticeship Education Act; (nn) the Board as defined in the Skilled Trades and Apprenticeship Education Act; (oo) the Minister responsible for the Skilled Trades and Apprenticeship Education Act; (pp) the Registrar as defined in the Traffic Safety Act; (qq) the Director as defined in the Wastewater and Storm Drainage (Ministerial) Regulation (AR 120/93); (rr) the Society as defined in

section 1(1) of

Schedule 3 to the Wildlife Regulation (AR 143/97).

Printed on Recycled Paper *9780779858934*

Document details

Collection	Alberta — Consolidated Statutes
Citation	RSA 2000 cR-13.3
Type	statute
Volume / chapter	RSA 2000 cR-13.3
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	73a272ab8c59d5b402fedef088f7b142ebeac5a6

Source file is stored in the law ingest library (pdf).