Alberta Regulation 75/2006

Income and Employment Supports Act

INCOME SUPPORTS, HEALTH AND TRAINING BENEFITS

AMENDMENT REGULATION

Filed: April 5, 2006

For information only: Made by the Lieutenant Governor in Council (O.C. 133/2006)

on April 5, 2006 pursuant to

section 18 of the Income and Employment Supports Act.

1 The Income Supports, Health and Training Benefits

Regulation (AR 60/2004) is amended by this Regulation.

Schedule 1,

section 1 is amended by adding the

following after subsection (4):

(4.1) The core essential payment is $56 for each adult in a

household unit residing in a recognized emergency shelter for

persons escaping abuse because of a situation in which an

applicant or recipient, or a dependent child of that applicant or

recipient, is being abused.

Schedule 1,

Part 2 is amended by repealing Table A and

substituting the following:

Table A: Core Essential Benefit

(monthly amounts)

ETW

NETW

Learner

Single Adult

$ 234

$ 286

$ 395

Childless Couple

Single Adult With

1 Child

$ 304

$ 348

$ 650

2 Children

3 Children

4 Children

5 Children

6 Children

Each Additional

Child Add

$ 56

$ 56

$ 56

Couple With

1 Child

$ 473

$ 533

$ 734

2 Children

3 Children

4 Children

5 Children

6 Children

Each Additional

Child Add

$ 56

$ 56

$ 56

NOTES:

Core Essential Table assumes all children are under 12 years of

age. For each dependent child 12 - 19 years of age in a household

unit designated in the expected to work or working or the not

expected to work categories add $33.

Schedule 3 is amended by adding the following after

section 3:

Abusive situation

3.1 Where the Director considers it appropriate to do so because

of abuse to an applicant or recipient or to his or her dependent

children, the Director may provide to the applicant or recipient, for

such period as the Director considers necessary,

(

a) telephone service in an amount of $30 per month, and

(

b) transportation in an amount of $60 per month.

Schedule 3,

section 5 is amended by repealing clauses

(a), (b), (

c) and (

d) and substituting the following:

(

a) to receive, on a non-emergency basis, treatment as approved

by the Director, or

(

b) for the purpose of complying with the requirements of

Part 5

of the Act, as required by the Director,

Schedule 3,

section 6 is amended by repealing clauses

(a), (

b) and (

c) and substituting the following:

(

a) to receive, on a non-emergency basis, treatment as approved

by the Director, or

(

b) for the purpose of complying with the requirements of

Part 5

of the Act, as required by the Director,

Schedule 3,

section 7 is amended by repealing clauses

(a), (

b) and (

c) and substituting the following:

(

a) to receive, on a non-emergency basis, treatment as approved

by the Director, or

(

b) for the purpose of complying with the requirements of

Part 5

of the Act, as required by the Director,

Schedule 3,

section 8 is amended by repealing clauses

(a), (

b) and (

c) and substituting the following:

(

a) to receive, on a non-emergency basis, treatment as approved

by the Director, or

(

b) for the purpose of complying with the requirements of

Part 5

of the Act, as required by the Director,

Schedule 3,

Section 18.1 is repealed and the following is

substituted:

RESP allowance

18.1(1) The Director may provide an allowance of $100 to an

applicant or recipient for each dependent child of the applicant or

recipient who is entitled to a grant under the Alberta Centennial

Education Savings Act to set up or establish a Registered

Education Savings Plan for that child.

(2) The Director may provide the amount referred to in

section

3(2) of the Alberta Centennial Education Savings Act if an amount

is required to receive a grant under

section 3(1)(a), (

b) or (

c) of that

Act.

10 Sections 2, 3 and 4 come into force on May 1, 2006.

Alberta Regulation 76/2006

Alberta Health Care Insurance Act

ALBERTA HEALTH CARE INSURANCE REGULATION

Filed: April 5, 2006

For information only: Made by the Lieutenant Governor in Council (O.C. 134/2006)

on April 5, 2006 pursuant to sections 16 and 33 of the Alberta Health Care Insurance

Act.

Table of Contents

Definitions

Part 1

Interpretation

2 Insured oral and maxillofacial surgery services

3 Temporarily absent from Alberta

4 Information under

section 22 of the Act

5 Deemed residents from outside Canada

6 Resident under

section 22 of the Act

7 Dependants deemed residents

8 Resident who establishes permanent residence elsewhere

Part 2

Health Services and Benefits

9 Benefits payable re basic health services

10 Benefits payable re extended health services

11 When entitlement commences

12 Services not considered basic or extended health services

13 Diagnostic imaging services

Part 3

Claims

14 Extra billing

15 Information to be provided by practitioners

16 Minister to notify Alberta Cancer Board

Part 4

Reciprocal Payments

17 Minister re reciprocal payments

Part 5

Program Costs

18 Program and program benefits

Part 6

General

19 Health Insurance Supplementary Fund (Canada)

20 Contract or self-insurance plan allowed under

section 26 of Act

21 Repeal

22 Expiry

Definitions

1(1) In this Regulation,

(a) "accredited educational institute" means a high school,

college, university or any other educational institution

recognized as such by the Minister for the purposes of this

Regulation;

(b) "Act" means the Alberta Health Care Insurance Act;

(c) "child" includes a foster child and any other person in respect

of whom a resident or other person stands in the place of a

parent.

(2) In the Act and the regulations, "dependant" means, in relation to

any person,

(

a) the spouse or adult interdependent partner of that person,

(

b) each unmarried child under the age of 21 years who is wholly

dependent on that person for support,

(

c) each unmarried child less than 25 years of age who is in

full-time attendance at an accredited educational institute,

and

(

d) each unmarried child 21 years of age or more who is wholly

dependent on that person by reason of mental or physical

infirmity.

Part 1

Interpretation

Insured oral and maxillofacial surgery services

2 Those services that are provided by a dentist in the field of oral and

maxillofacial surgery for which benefits are payable under the Oral

and Maxillofacial Surgery Benefits Regulation are hereby specified as

insured services for the purposes of

section 1(n)(ii) of the Act.

Temporarily absent from Alberta

3(1) For the purposes of this Regulation and

section 5(2) of the Act, a

person is "temporarily absent from Alberta" if the person

(

a) stays in another province or territory for a period that will not

exceed 12 consecutive months, or

(

b) stays outside Canada for a period that will not exceed 6

consecutive months,

and the person intends to return to and maintain permanent residence

in Alberta on the conclusion of the stay outside Alberta.

(2) The Minister may extend any period referred to in subsection

(1) for a further period of time that the Minister considers proper,

(

a) if the person provides evidence satisfactory to the Minister

that the person intends to return to and maintain permanent

residence in Alberta after the extended period of time, or

(

b) if, in the opinion of the Minister, there are unforeseen and

extenuating circumstances.

Information under

section 22 of the Act

4 For the purposes of

section 22 of the Act, "residents' registration

information" includes

(

a) any information necessary to identify or contact a personal

representative, guardian, trustee or other legal representative

of a resident, and

(

b) in the case of a person who is deemed to be a resident under

section 6, any information that the Minister requires or

receives regarding the person that would constitute residents'

registration information if required or received from any

resident.

Deemed residents from outside Canada

5(1) Subject to subsection (2), the following persons whose ordinary

place of residence is outside Canada are deemed to be residents of

Alberta for the purposes of the Act:

(

a) a person who is in Alberta under a work assignment, contract

or arrangement and applies for registration under the Plan;

(

b) a person who is in full-time attendance as a student at an

accredited educational institute in Alberta;

(

c) a person who is registered under the Health Insurance

Premiums Act as a dependant of the person referred to in

clause (

a) or (b).

(2) Subsection (1) applies only if a person referred to in subsection

(1)(a), (

b) or (c)

(

a) has been lawfully admitted to Canada,

(

b) has established residence in Alberta, and

(

c) intends to remain in Alberta for 12 or more consecutive

months.

Resident under

section 22 of the Act

6 A person whose ordinary place of residence is outside Alberta is

deemed to be a resident of Alberta for the purposes of

section 22 of the

Act if that person receives health services in Alberta pursuant to any

policy, program or arrangement for which the Department of Health

and Wellness

(

a) makes payment directly or indirectly, or

(

b) provides or arranges any funding or administrative services.

Dependants deemed residents

7(1) When a child is born outside Alberta to parents who are both

temporarily absent from Alberta and are both registered under the

Health Insurance Premiums Act, the child is deemed to be a resident of

Alberta for the purposes of the Act.

(2) If a dependant of a resident is

(

a) within Canada on a vacation or visit of not more than 12

months' duration, or

(

b) in full-time attendance as a student at an accredited

educational institute,

with the intention to become a permanent resident of Alberta on the

conclusion of the vacation, visit or attendance as a student at an

accredited educational institute, that dependant is deemed to be a

resident of Alberta for the purposes of the Act.

Resident who establishes permanent residence elsewhere

8(1) A resident who leaves Alberta for the purpose of establishing

permanent residence in another province or territory of Canada is

entitled to continue the resident's coverage under the Plan for the

period beginning on the day the resident ceases to be a resident of

Alberta and ending on the last day of the 2nd month following the

month of arrival in the new province or territory, unless extended

under subsection (3).

(2) Notwithstanding subsection (1), if a resident leaves Alberta for the

purpose of establishing permanent residence outside Alberta and the

spouse or adult interdependent partner of the resident

(

a) maintains a home in Alberta,

(

b) is not living apart from the resident pursuant to a court order

or separation agreement or otherwise, and

(

c) intends to join the resident,

the resident is entitled to continue coverage under the Plan for a period

not exceeding 12 months beginning on the day the resident ceases to

be resident in Alberta.

(3) If the resident informs the Minister that vacation or travelling time

will be taken in conjunction with the move referred to in subsection

(1), the Minister may extend the duration of the coverage under the

Plan for a further period not exceeding one month, except that under

no circumstances may the total duration of the coverage under the Plan

extend beyond the last day of the 4th month following the month of

leaving Alberta, unless extended under subsection (4).

(4) If a resident, while travelling between Alberta and the province or

territory of Canada in which the resident intends to establish

permanent residence, is hospitalized, the resident remains entitled to

continuing coverage under the Plan while the resident is continuously

hospitalized for up to 12 months from the date the resident first

became hospitalized.

(5) Subject to subsection (7), if a resident is establishing permanent

residence outside Canada and notifies the Minister that the resident

wishes to continue to be covered under the Plan, that resident is

entitled to be covered under the Plan for the period beginning the day

that resident ceases to be a resident of Alberta and ending one, 2 or 3

months, as prescribed by the Minister, following the month the

resident ceases to be a resident of Alberta, unless the period is

extended under subsection (6).

(6) Subject to subsection (7), if a person requires continuing coverage

under the Plan while en route from Alberta to establish permanent

residence outside Canada, the Minister may, in a particular case in

which the Minister finds that unforeseen and extenuating

circumstances so warrant, extend the duration of the continuing

coverage under the Plan for a further period not exceeding 12 months.

(7) A resident is not entitled to continuing coverage under the Plan

until the resident has paid

(

a) all arrears of premiums, and

(

b) the premiums applicable to the period of the continuing

coverage

pursuant to the Health Insurance Premiums Regulation (AR 217/81).

Part 2

Health Services and Benefits

Benefits payable re basic health services

9 The benefits payable by the Minister in respect of basic health

services are the benefits specified in the regulations under

section 17 of

the Act.

Benefits payable re extended health services

10 The benefits payable in respect of extended health services

pursuant to

section 3(2) of the Act are

(

a) for those goods and services provided by a dentist, a

denturist, an optometrist or an optician that are listed in the

Extended Health Services Benefits Regulation, and

agreement made under

section 20 or 40 of the Act.

When entitlement commences

11(1) Entitlement to benefits for extended health services pursuant to

section 3(2)(

b) of the Act shall commence

(

a) on the date on which the registration under the Health

Insurance Premiums Act becomes effective, if the resident is

receiving a widow's pension at that time, or

(

b) on the date the resident becomes eligible for a widow's

pension, if that date occurs after the effective date of

registration.

(2) Entitlement to benefits for extended health services pursuant to

section 3(2)(

b) of the Act shall cease

(

a) at the end of the 2nd month following the month in which the

death of the resident who was receiving the widow's pension

occurs, or

(

b) at the end of the 2nd month following the month in which the

resident becomes ineligible for the widow's pension,

whichever occurs first.

Services not considered basic or extended health services

12(1) For the purposes of this section, a service is available in Canada

if a resident could have obtained the service in Canada within the time

period generally accepted as reasonable by the medical or dental

profession for any resident with a similar condition.

(2) Unless otherwise approved by the Minister, the following services

are not basic health services or extended health services:

(

a) medical-legal services, including

(

i) examinations performed at the request of third parties in

connection with legal proceedings,

(ii) giving of evidence by a practitioner in legal

proceedings, or

(iii) preparation of reports or other documents relating to the

results of a practitioner's examination for use in legal

proceedings or otherwise and whether requested by the

patient or by a third party;

(

b) advice by telephone or any other means of

telecommunication and toll charges or other charges for

telephone calls or telecommunication services except as

provided for in the

Schedule of Medical Benefits under the

Medical Benefits Regulation;

(

c) transportation services, including ambulance services for

(

i) transportation of a patient to a hospital or to a

practitioner elsewhere, or

(ii) transportation of a practitioner to a hospital or to a

patient elsewhere,

whether the costs of those services are by way of charges for

distance or charges for travelling time;

(

d) examinations required for the use of third parties;

(

e) services that a resident is eligible to receive under a statute of

any other province or territory, the Health Care Protection

Act, the Hospitals Act, any statute relating to workers'

compensation or under any statute of the Parliament of

Canada, including

(

i) the Aeronautics Act (Canada),

(ii) the Civilian War-related Benefits Act (Canada),

(iii) the Corrections and Conditional Release Act (Canada),

(iv) the Government Employees Compensation Act

(Canada),

(

v) the Merchant Seamen Compensation Act (Canada),

(vi) the National Defence Act (Canada),

(vii) the Pension Act (Canada), and

(viii) the Royal Canadian Mounted Police Act (Canada);

(

f) services not provided by or under the supervision of a

practitioner, except as provided for in the

Schedule of

Medical Benefits under the Medical Benefits Regulation;

(

g) services for which a patient would not be liable to pay in the

absence of benefits for health services;

(

h) services that the Minister, on review of the evidence,

determines not to be health services because the services

(

i) are not required, or

(ii) are experimental or applied research;

(

i) services in connection with group immunizations against a

disease or services in connection with group examinations by

a practitioner;

(

j) services provided by a practitioner to the practitioner's

children, grandchildren, siblings, parents, grandparents,

spouse or adult interdependent partner or any person who is

dependent on the practitioner for support;

(

k) laboratory and diagnostic imaging services provided in

Alberta in a facility that does not meet the criteria for

registration under the Alberta Health Care Insurance Plan and

that is not registered with the Alberta Health Care Insurance

Plan or for which benefits are not payable under the Medical

Benefits Regulation, the Podiatric Benefits Regulation, the

Oral and Maxillofacial Surgery Benefits Regulation or the

Chiropractic Benefits Regulation;

(

l) services provided outside Canada that are available inside

Canada (other than services provided in the case of an

emergency);

(

m) services provided outside Canada that are not available inside

Canada unless approved by the Out-of-Country Health

Services Committee or the Out-of-Country Health Services

Appeal Panel under the Out-of-Country Health Services

Regulation;

(

n) drugs, casts, surgical appliances and special bandages, except

as provided for in the

Schedule of Medical Benefits under the

Medical Benefits Regulation or the

Schedule of Podiatric

Benefits under the Podiatric Benefits Regulation;

(

o) non-hospital facility fee charges associated with any health

services provided in a non-hospital facility outside of

Alberta;

(

p) services for substance abuse, eating disorders or other

addictive disorders provided outside of Alberta.

Diagnostic imaging services

13(1) If benefits are paid or payable with respect to diagnostic

imaging services provided to a resident, the practitioner who provided

the services shall, as soon as is reasonably practicable after a request is

made by the resident, make the resulting diagnostic images available to

any other practitioner designated by the resident.

(2) A practitioner who receives diagnostic images under subsection

(1) (

a) may make copies of the images, and

(

b) shall, as soon as is reasonably practicable after the images

have served the purpose for which they were required, return

the original images to the practitioner who made the images

available.

(3) If a practitioner fails to comply with a request under subsection

(1),

(

a) the Minister may withhold the benefits payable to the

practitioner with respect to the diagnostic imaging services

provided to the resident, or

(

b) if benefits have already been paid to the practitioner or

resident with respect to those services, the practitioner is

liable for and shall repay to the Minister the benefits paid in

respect of the services.

(4) If the practitioner fails to repay benefits under subsection (3)(b),

the Minister may withhold the amount of the benefits from any other

benefits payable to the practitioner.

(5) If a practitioner fails to comply with subsection (2)(b), the Minister

may withhold from benefits payable to the practitioner an amount

equivalent to the benefits paid or payable with respect to the diagnostic

imaging services provided by the practitioner who made the diagnostic

images available.

(6) If benefits are withheld by the Minister under subsection (3)(a),

(4) or (5) or a practitioner repays benefits to the Minister under subsection

(3)(b), the practitioner is not entitled to collect any amount from any

person in respect of the services involved.

Part 3

Claims

Extra billing

14(1) Except as provided for in

section 21 of the Act, a practitioner

must not submit an account for payment to a resident or to another

Government department or agency if the practitioner has submitted or

intends to submit a claim for benefits to the Minister.

(2) A person who contravenes subsection (1) is guilty of an offence.

(3) To avoid any doubt, for the purposes of the Act and regulations,

any good or service provided by a practitioner that is listed in the

Schedule of Medical Benefits under the Medical Benefits Regulation or

the

Schedule of Oral and Maxillofacial Surgery Benefits under the

Oral and Maxillofacial Surgery Benefits Regulation is an insured

service, whether the cost of that good or service is greater than or less

than the maximum benefit payable for the good or service provided.

Information to be provided by practitioners

15(1) A practitioner must, in a form approved by the Minister,

provide to the Minister any information that the Minister may require

regarding the practitioner's training, the type of practice the

practitioner is engaged in or any other related information.

(2) If a practitioner provides goods or services to a resident of Alberta,

the practitioner must retain the original documentation relating to the

goods or services provided for a period of not less than 6 years and

must, on request, make the documentation available to the Minister.

(3) If a practitioner on behalf of a resident claims benefits in respect of

diagnosis or treatment of cancer, the practitioner, from time to time,

must report to the Alberta Cancer Board, in writing, on forms

established by that Board, any information that the Board requires

concerning the claim, including the name of the person in respect of

whom the services were provided, the nature of the illness and

particulars of the services.

Minister to notify Alberta Cancer Board

16(1) If requested to do so by the Alberta Cancer Board for any

specific resident, the Minister shall notify the Alberta Cancer Board

whenever a claim for benefits is paid in respect of any services

provided to that resident that may relate to cancer.

(2) If benefits for services are paid by the Minister before the

practitioner complies with

section 15(3) in respect of the reports, the

College of Physicians and Surgeons of Alberta or the Alberta Dental

Association and College, as the case may be, may, on being notified to

do so by the Alberta Cancer Board, request, in writing, the practitioner

to submit the reports to the Alberta Cancer Board.

(3) If a practitioner, on being requested by the College of Physicians

and Surgeons of Alberta or the Alberta Dental Association and College

under subsection (2) to submit the reports under

section 15(3) fails to

do so, the practitioner is liable for and shall repay to the Minister the

benefits paid to the practitioner in respect of the services and the

amount of such benefits constitutes a debt payable to the Crown.

(4) If the practitioner fails to repay benefits under subsection (3), the

Minister may withhold the amount of the benefits from any other

benefits payable to the practitioner.

(5) If a practitioner repays benefits to the Minister under subsection

(3) or the benefits are withheld by the Minister under subsection (4),

the practitioner is not entitled to collect any amount from any person in

respect of the services involved.

(6) Subsections (3), (4) and (5) cease to apply when the practitioner

complies with

section 15(3) in respect of the reports.

Part 4

Reciprocal Payments

Minister re reciprocal payments

17 The Minister is authorized under the Plan to make payments to a

hospital or a physician in Alberta in respect of insured services

provided by the hospital or by the physician to residents of another

province or territory of Canada, where the making of such payments is

the subject of an agreement between Her Majesty the Queen in right of

the Province of Alberta as represented by the Minister of Health and

Wellness and the government of the other province or territory as

represented by the appropriate Minister of that province or territory,

and the agreement provides that those payments are recoverable from

the provincial or territorial health authority of the other province or

territory.

Part 5

Program Costs

Program and program benefits

18(1) In this section,

(a) "program" means a program established under subsection

(2);

(b) "program benefit" means the benefit referred to in subsection

(2).

(2) The Minister is authorized to establish by order or enter into an

agreement with a person for the establishment of a program to benefit

one or more physicians or categories of physicians who are entitled to

receive payment of benefits under the Plan.

(3) The order or agreement establishing a program must

(

a) provide for the basis on which eligibility for program

benefits is determined,

(

b) provide for the basis on which the rates for program benefits

are determined,

(

c) prescribe the manner in which program benefits are to be

paid and the persons to whom program benefits are to be

paid, the conditions of payment, if any, and the information

required to be submitted in connection with claims for

program benefits,

(

d) provide for the term or manner of termination of the

program,

(

e) provide for the payment of costs, if any, to administer the

program and the person to whom the costs are to be paid, and

(

f) include such other provisions as the Minister considers

appropriate in respect of the program.

(4) The Minister is authorized to pay the administration costs and

program benefits of a program under the Plan.

Part 6

General

Health Insurance Supplementary Fund (Canada)

19 The Minister may participate in the Health Insurance

Supplementary Fund (Canada) in respect of persons of Alberta who

through no fault of their own have ceased to be entitled to benefits or

are not eligible for benefits.

Contract or self-insurance plan allowed under

section 26 of Act

20(1) Pursuant to

section 26 of the Act, an insurer shall not enter

into or issue a contract or initiate a self-insurance plan covering

indemnification for the cost of basic health services or extended

health services provided within Alberta except as otherwise provided

in this section.

(2) An insurer may enter into or issue a contract or initiate a

self-insurance plan under which a resident is indemnified for

(

a) the cost of chiropractic services provided to the resident by a

chiropractor in excess of the amount that is payable in respect

of each service under the Chiropractic Benefits Regulation,

(

b) the cost of podiatric services provided to the resident by a

podiatrist in excess of the amount that is payable in respect of

each service under the Podiatric Benefits Regulation,

(

c) the cost of optometric services provided to the resident by an

optometrist in excess of the amount that is payable under the

Optometric Benefits Regulation, or

(

d) the cost of extended health services provided to the resident

where those services are outside the limits prescribed in the

Extended Health Services Benefits Regulation.

(3) Notwithstanding subsection (2)(a), an insurer may enter into or

issue a contract or initiate a self-insurance plan under which a resident

is indemnified for the cost of chiropractic services provided to the

person pursuant to the Diagnostic and Treatment Protocols Regulation

(AR 122/2004).

(4) Notwithstanding subsection (2), nothing in this Regulation

prevents an individual from receiving indemnity for the cost of

extended health services where the individual was eligible to receive

such indemnity through some other plan provided by a private

insurance carrier before the individual or the individual's dependants

became eligible for extended benefits.

Repeal

21 The Alberta Health Care Insurance Regulation (AR 216/81) is

repealed.

Expiry

22 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 15, 2016.

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

Alberta Regulation 77/2006

Alberta Health Care Insurance Act

BLUE CROSS AGREEMENT REGULATION

Filed: April 5, 2006

For information only: Made by the Lieutenant Governor in Council (O.C. 135/2006)

on April 5, 2006 pursuant to sections 16, 33 and 41(5) of the Alberta Health Care

Insurance Act.

Table of Contents

Definitions

Part 1

Applicants for Enrolment

2 Enrolment as non-group member

3 New residents

4 Person who ceases to be a dependant

5 Transfer from group member

6 Transfer from other group insurance plan

7 Cancellation by resident

8 Cancellation by Minister

Part 2

Enrolment by Minister

9 Application of

Part 1

10 Enrolment of seniors

11 Enrolment of widow's pension recipients

Part 3

Expiry

12 Expiry

Definitions

1 In this Regulation,

(a) "Act" means the Alberta Health Care Insurance Act;

(b) "Alberta Blue Cross Plan" means the Alberta Blue Cross

Plan operated by the ABC Benefits Corporation under the

ABC Benefits Corporation Act and the regulations under that

Act;

(c) "date of receipt" means the date the applicant's application

under

section 2 was received by the Minister;

(d) "date of residency" means the date the applicant became a

resident of Alberta;

(e) "dependant", except in

section 4, means dependant as defined

in the Alberta Health Care Insurance Regulation.

Part 1

Applicants for Enrolment

Enrolment as non-group member

2(1) A resident of Alberta who is not in arrears in the payment of

premiums under the Health Insurance Premiums Act may apply to the

Minister in the form established by the Minister to be enrolled, with

the resident's dependants, as a non-group member of the Alberta Blue

Cross Plan.

(2) The effective date of membership of an applicant under subsection

(1) is the first day of the 4th month following the date of receipt, unless

section 3, 4, 5 or 6 applies.

(3) The effective date of membership of an applicant's dependants is

the same as the effective date of membership of the applicant.

New residents

3 The effective date of membership of an applicant under

section 2 is

the first day of the 3rd month following the date of receipt if the

applicant moved to Alberta

(

a) from another jurisdiction in Canada and the date of receipt

falls before the first day of the 4th month following the date

of residency, or

(

b) from a jurisdiction outside Canada and the date of receipt is

not later than 3 months following the date of residency.

Person who ceases to be a dependant

4 The effective date of membership of an applicant under

section 2 is

the date on which the applicant's registration under the Health

Insurance Premiums Act is effective if all of the following apply:

(

a) the applicant ceased to be a dependant under the Health

Insurance Premiums Act and applied for registration under

that Act;

(

b) the applicant requested an application form referred to in

section 2 within one month after the date shown in the

Minister's records as the date that the applicant ceased to be

a dependant under the Health Insurance Premiums Act;

(

c) the date of receipt is not more than one month after the date

the application form was given or mailed to the applicant;

(

d) the applicant's eligibility for receipt of benefits under the

Alberta Health Care Insurance Plan has not ceased since the

date the applicant ceased to be a dependant under the Health

Insurance Premiums Act.

Transfer from group member

5(1) Subject to subsection (2), the effective date of membership of an

applicant under

section 2 who wishes to transfer from enrolment as a

group member of the Alberta Blue Cross Plan to enrolment as a

non-group member of the Alberta Blue Cross Plan is

(

a) the date on which the termination of the applicant's

enrolment as a group member is effective, or

(

b) if the applicant is notified of the termination of the

applicant's enrolment as a group member after the date on

which the termination is effective,

(

i) the date on which the termination of the applicant's

enrolment as a group member was effective, or

(ii) the first day of the 4th month following the date of

receipt,

whichever the applicant chooses.

(2) Subsection (1) applies only if the date of receipt is not more than

30 days after the applicant is notified of the termination of the

applicant's enrolment as a group member.

Transfer from other group insurance plan

6(1) Subject to subsection (2), the effective date of membership of an

applicant under

section 2 who wishes to transfer from enrolment under

a group insurance plan that in the Minister's opinion is similar to the

Alberta Blue Cross Plan to enrolment as a non-group member of the

Alberta Blue Cross Plan is the date on which the termination of the

applicant's coverage under the group insurance plan is effective.

(2) Subsection (1) applies only if the date of receipt is not more than

30 days after the date on which the termination of the applicant's

coverage under the group insurance plan is effective.

Cancellation by resident

7 A resident enrolled as a non-group member of the Alberta Blue

Cross Plan may notify the Minister to cancel the resident's

membership and the cancellation of the membership is effective on the

last day of the month in which the Minister receives the notification.

Cancellation by Minister

8 If a resident enrolled as a non-group member of the Alberta Blue

Cross Plan is in arrears in the payment of premiums under the Health

Insurance Premiums Act or the regulations under that Act for a period

longer than 3 months, the Minister shall cancel the resident's

membership as a non-group member of the Alberta Blue Cross Plan.

Part 2

Enrolment by Minister

Application of

Part 1

Part 1 does not apply to a resident enrolled as a non-group member

of the Alberta Blue Cross Plan in accordance with this Part.

Enrolment of seniors

10(1) If a resident or the resident's spouse or adult interdependent

partner is 65 years of age or older, the Minister shall enrol the resident

and the resident's dependants as non-group members of the Alberta

Blue Cross Plan.

(2) The effective date of membership of a person enrolled under

subsection (1) is

(

a) the date on which the registration for basic health services

under the Health Insurance Premiums Act becomes effective,

where the resident, spouse or adult interdependent partner is

65 years of age or older at the time of registration,

(

b) the first day of the first month following the 65th birthday of

the resident, spouse or adult interdependent partner, where

that birthday occurs after the date on which the registration

for basic health services becomes effective, or

(

c) the date of the 65th birthday of the resident, spouse or adult

interdependent partner, where that birthday falls on the first

day of the month and occurs after the date on which the

registration for basic health services becomes effective.

(3) Entitlement to enrolment under subsection (1) ceases at the end of

the 2nd month following the month in which the death of the resident,

spouse or adult interdependent partner who is 65 years of age or older

occurs.

Enrolment of widow's pension recipients

11(1) If a resident is in receipt of a widow's pension the Minister

shall enrol the resident and the resident's dependants as non-group

members of the Alberta Blue Cross Plan.

(2) The effective date of membership of a person enrolled under

subsection (1) is the date on which

(

a) the registration for basic health services under the Health

Insurance Premiums Act becomes effective, where the

resident is in receipt of the widow's pension at the time of

registration, or

(

b) entitlement to the widow's pension occurs, where entitlement

occurs after the date on which the registration for basic health

services becomes effective.

(3) Entitlement to enrolment under subsection (1) ceases

(

a) at the end of the 2nd month following the month in which the

resident who was receiving the widow's pension dies, or

(

b) at the end of the 2nd month following the month in which the

resident becomes ineligible for the widow's pension,

whichever occurs first.

Part 3

Expiry

Expiry

12 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 15, 2016.

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

Alberta Regulation 78/2006

Alberta Health Care Insurance Act

OUT-OF-COUNTRY HEALTH SERVICES REGULATION

Filed: April 5, 2006

For information only: Made by the Lieutenant Governor in Council (O.C. 136/2006)

on April 5, 2006 pursuant to sections 16 and 33 of the Alberta Health Care Insurance

Act.

Table of Contents

Interpretation

2 Application

3 OOCHSC continued

4 Members

5 Quorum and voting

6 Functions of OOCHSC

7 Screening of application

8 Review and decision of OOCHSC

9 Payment by Minister

10 Appeal of OOCHSC decision

11 Appeal Panel

12 Majority decision

13 Appeal Panel reviews application and OOCHSC decision

14 Expiry

Interpretation

1(1) In this Regulation,

(a) "Appeal Panel" means the Out-of-Country Health Services

Appeal Panel continued under

section 11;

(b) "Chair", except in sections 11 and 12, means the chair of the

Out-of-Country Health Services Committee;

(c) "dependant" means dependant as defined in the Alberta

Health Care Insurance Regulation;

(d) "elective services" means insured services and insured

hospital services that are not provided in an emergency or in

other circumstances in which medical care is required

without delay;

(e) "insured hospital services" means insured services as defined

Part 3 of the Hospitals Act;

(f) "OOCHSC" means the Out-of-Country Health Services

Committee continued under

section 3.

(2) For the purposes of this Regulation, a service is available in

Canada if a resident could have obtained the service in Canada within

the time period generally accepted as reasonable by the medical or

dental profession for any resident with a similar condition.

Application

2(1) Subject to subsection (2), a resident of Alberta may apply to the

OOCHSC for approval of the payment of expenses with respect to

insured services or insured hospital services received outside of

Canada, where the resident or the resident's dependant has

endeavoured to receive the services in Canada and the services are not

available in Canada.

(2) An application may only be made under subsection (1) with

respect to

(

a) elective services, if the application is made prior to receiving

the services, or

(

b) insured services or insured hospital services that are not

elective services, if the application is made

(

i) prior to receiving the services, or

(ii) not later than 365 days after the services were received.

(3) An application under subsection (1) must

(

a) be in writing in a form established by the OOCHSC,

(

b) contain the information required under

section 7(1)(c), and

(

c) include a letter in support of the application from

(

i) an Alberta physician, if the services are insured medical

services referred to in the Medical Benefits Regulation

or insured hospital services, or

(ii) an Alberta dentist, if the insured services are oral and

maxillofacial surgery services referred to in the Oral

and Maxillofacial Surgery Benefits Regulation.

(4) An application under subsection (1) may be made on behalf of a

resident to the OOCHSC

(

a) by a resident's personal representative who is a resident of

Alberta,

(

b) by a physician registered under the Medical Profession Act,

(

c) by a dentist registered as a regulated member under

Schedule

7 to the Health Professions Act.

OOCHSC continued

3 The Out-of-Country Health Services Committee established under

the Alberta Health Care Insurance Regulation (AR 216/81) is

continued.

Members

4(1) The OOCHSC consists of the following members appointed by

the Minister:

(a) 4 physicians;

(

b) an employee of the Department of Health and Wellness.

(2) The term of a member appointed under subsection (1)(

a) shall not

exceed 3 years, and the member is eligible for reappointment.

(3) The person referred to in subsection (1)(

b) is the Chair.

(4) The Minister may designate an employee of the Department of

Health and Wellness as an alternate for the member referred to in

subsection (1)(

b) to act as Chair in the place of that member when that

member is temporarily absent or unable to act.

(5) Members of the OOCHSC who are not employees of the

Department of Health and Wellness are entitled to

(

a) remuneration in accordance with the Committee

Remuneration Order at 2 times the rate set out in

Schedule 1,

Part A of that Order, and

(

b) travelling and living expenses in accordance with

Schedule 1,

Part A of the Committee Remuneration Order.

Quorum and voting

5(1) The quorum for the purpose of meetings of the OOCHSC is 3

members, one of whom must be the Chair.

(2) The Chair is a non-voting member of the OOCHSC.

(3) A tie vote on a matter is deemed to be a vote against the matter.

(4) A decision made by the majority of the members of the OOCHSC

who are present at a meeting is, if the members present constitute a

quorum, deemed to be a decision of the OOCHSC.

Functions of OOCHSC

6(1) The OOCHSC shall review, evaluate and decide on all

applications made under

section 2 that are declared to be complete by

the Chair under

section 7.

(2) The OOCHSC shall, on the request of the Minister,

(

a) submit reports to the Minister on its activities, and

(

b) carry out any other activities related to insured services and

insured hospital services that the Minister considers

appropriate.

Screening of application

7(1) When an application under

section 2 is received by the

OOCHSC, the Chair shall conduct an initial screening of the

application to ensure that the application

(

a) is submitted by a person referred to in

section 2,

(

b) is supported in writing by an Alberta physician or dentist

unless there are extenuating circumstances as determined by

the Chair, and

(

c) contains information, including health information, that the

Chair considers to be sufficient for the proper review by the

OOCHSC.

(2) In carrying out the initial screening of an application under

subsection (1), the Chair, or the person designated by the Chair for that

purpose, may conduct any independent investigation that may be

considered necessary in order to complete the initial screening of an

application.

(3) After the Chair has concluded the initial screening of an

application and is satisfied that the application meets the requirements

set out in subsection (1), the Chair may declare the application

complete and forward that application to the OOCHSC for review.

Review and decision of OOCHSC

8(1) Within 60 days from the date that the Chair has declared under

section 7 that an application is complete, the OOCHSC shall decide

(

a) whether the services referred to in the application are insured

services or insured hospital services,

(

b) whether to approve payment with respect to insured services

and insured hospital services received or to be received

outside of Canada, and

(

c) whether, in respect of insured services and insured hospital

services received or to be received outside of Canada, to

impose conditions on payment.

(2) In making a decision under subsection (1), the OOCHSC may not

approve payment for

(

a) subsistence and accommodation costs of the person receiving

insured services or insured hospital services outside of

Canada or of anyone who accompanies that person,

(

b) insured services or insured hospital services provided outside

Canada if the services are available in Canada, and

(

c) services that the OOCHSC decides are experimental or

applied research.

(3) The OOCHSC may, if it considers it to be advisable or necessary,

consult with health specialists in respect of the matter under its

consideration before it renders its decision under subsection (1).

(4) Where the OOCHSC consults with a health specialist under

subsection (3), the Minister may pay that health specialist an

appropriate fee in respect of that consultation.

(5) The OOCHSC shall, within 10 days of making a decision under

subsection (1), excluding Saturdays, Sundays and holidays, send

(

a) a written copy of its decision with reasons to the Minister, to

the applicant and, if the applicant is a person referred to in

section 2(4), to the resident on whose behalf the application

is made, and

(

b) notice of the right to appeal the decision to the applicant and,

if the applicant is a person referred to in

section 2(4), to the

resident on whose behalf the application is made.

Payment by Minister

9 If the OOCHSC approves an application for payment under

section

8, the Minister shall pay for those services approved by the OOCHSC.

Appeal of OOCHSC decision

10 The resident or the person making the application on the

resident's behalf under

section 2 may appeal a decision of the

OOCHSC under

section 8 to the Appeal Panel by submitting a notice

of appeal to the Appeal Panel within 60 days of receipt of the decision.

Appeal Panel

11(1) The Out-of-Country Health Services Appeal Panel established

under the Alberta Health Care Insurance Regulation (AR 216/81) is

continued.

(2) The Appeal Panel consists of 6 members appointed by the

Minister, of which 4 must be physicians, one must be an ethicist and

one must be a member of the general public.

(3) The term of the members referred to in subsection (2) shall not be

more than 3 years, and those members are eligible for reappointment.

(4) The Minister may designate a member of the Appeal Panel as the

chair and a member of the Appeal Panel as the vice-chair.

(5) A quorum of the Appeal Panel consists of 3 members, 2 of whom

must be physicians, and one of whom must be either the ethicist or the

member of the general public.

(6) Members of the Appeal Panel who are not employees of the

Government are entitled to,

(

a) in the case of a member who is a physician,

(

i) remuneration in accordance with the Committee

Remuneration Order at 2 times the rate set out in

Schedule 1, Part A of that Order, and

(ii) travelling and living expenses in accordance with

Schedule 1, Part A of the Committee Remuneration

Order,

and

(

b) in the case of a member who is not a physician,

(

i) remuneration in accordance with the Committee

Remuneration Order at 1.5 times the rate set out in

Schedule 1, Part A of that Order, and

(ii) travelling and living expenses in accordance with

Schedule 1, Part A of the Committee Remuneration

Order.

Majority decision

12(1) The chair and the vice-chair of the Appeal Panel are voting

members of the Appeal Panel.

(2) A decision of the majority of the members of the Appeal Panel

who review the appeal is deemed to be a decision of the Appeal Panel.

(3) A tie vote on a matter is deemed to be a vote against the matter.

Appeal Panel reviews application and OOCHSC decision

13(1) The Appeal Panel shall review the applicant's application and

the OOCHSC's decision if a notice of appeal is received within 60

days of the appellant receiving the decision under

section 8.

(2) In reviewing the OOCHSC's decision, the Appeal Panel shall

review only the written decision and reasons and the matters referred

to in

section 7(1) and shall not review any new evidence.

(3) An appeal must be reviewed and a decision made within 60 days

of receipt of a notice of appeal.

(4) The Appeal Panel may confirm or vary the decision of the

OOCHSC or substitute its decision for the OOCHSC's decision.

(5) If the Appeal Panel confirms, varies or substitutes its decision for

the OOCHSC's decision approving the payment of services, the

Minister shall pay for those services approved by the Appeal Panel.

(6) The Appeal Panel shall, within 10 days of making a decision under

this section, excluding Saturdays, Sundays and holidays, send a written

copy of its decision with reasons to the Minister, each member of the

OOCHSC, the appellant and, if the appellant is a person referred to in

section 2(4), to the resident on whose behalf the appeal is made.

Expiry

14 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 15, 2016.

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

Alberta Regulation 79/2006

Student Financial Assistance Act

STUDENT FINANCIAL ASSISTANCE AMENDMENT REGULATION

Filed: April 5, 2006

For information only: Made by the Lieutenant Governor in Council (O.C. 139/2006)

on April 5, 2006 pursuant to

section 22 of the Student Financial Assistance Act.

1 The Student Financial Assistance Regulation

(AR 298/2002) is amended by this Regulation.

Section 31(11) of

Schedule 1 is amended by striking out

"3" and substituting "6".

3 Sections 4 to 13 of this Regulation amend

Schedule 2.

Section 8(3) is amended

(

a) by striking out "the Minister may declare ineligible for

financial assistance a student who" and substituting

"unless the Minister determines otherwise a student is

ineligible for financial assistance if the student";

(

b) by repealing clause (

c) and substituting the

following:

(

c) has ever filed for protection under the Bankruptcy and

Insolvency Act (Canada) and regulations, whether

discharged or not,

(

c) by adding "or" at the end of clause (

d) and by

adding the following after clause (d):

(

e) is receiving benefits under the Employment Insurance

Act (Canada), or

(

f) is enrolled in a program of study authorized by a licence

issued under the Private Vocational Schools Act, or a

licence the Minister considers equivalent to a licence

issued under that Act, and the licensee has not entered

into an agreement with the Minister in accordance with

section 9(d).

Section 9 is amended by adding the following after

clause (c):

(

d) notwithstanding anything else in this section, in the case of

licensees offering a program of study authorized by a licence

issued under the Private Vocational Schools Act, or a licence

the Minister considers equivalent to a licence issued under

that Act, unless the Minister determines otherwise, the

licensee has entered into an agreement with the Minister

providing for

(

i) tuition fee refunds,

(ii) notification of withdrawals of students from that

program,

(iii) the withdrawal or reduction of financial assistance if

(

A) the Minister considers that the persons who are or

were enrolled in that program have an

unacceptable direct loan default rate, or

(

B) the Director of Private Vocational Schools

considers that that program has an unacceptable

student retention rate or that graduates of the

program have an unacceptable employment

placement rate,

and

(iv) any other provision that the Minister considers is

required for the proper administration of that program.

Section 10 is repealed.

Section 11 is amended by adding the following after

subsection (1):

(1.1) Financial assistance may be provided only for the loan year

for which assistance is applied and assessed.

Section 15 is amended

(

a) by repealing subsection (1) and substituting the

following:

Reviews

15(1) A student

(

a) whose application for financial assistance is refused on

the ground that the student

(

i) is declared ineligible under

section 8(3),

(ii) is not resident in Alberta, including the question of

whether or not the student is an independent

student, or

(iii) in the case of a Northern Alberta Development

Bursary, does not meet the requirements of

section

17(1)

(

b) whose amount of financial assistance has been

reassessed by the Minister under

section 14(3)

may apply, in writing, to the Minister to review the decision

within 90 days after the date the student received notice of the

decision.

(

b) by repealing subsection (3) and substituting the

following:

(3) Where a student applies for financial assistance and

(

a) financial assistance is not awarded, or

(

b) less financial assistance is awarded than the amount

applied for,

the student may apply for a review of the decision to a

committee appointed by the Minister from among members of

the public by filing an application for review with the secretary

of the committee before the end of the academic year in respect

of which the financial assistance was applied for.

(3.1) A review under subsection (3) does not apply to a refusal

of financial assistance on a ground referred to in subsection

(1) or a reassessment under

section 14(3).

(

c) by repealing subsection (7) and substituting the

following:

(7) An application for a review under this

section must include

the following:

(

a) the applicant's name, current address and telephone

number;

(

b) the decision reviewed;

(

c) the reasons for requesting the review;

(

d) any other relevant information requested by the Minister

or that the applicant wishes considered.

Section 18(1) is repealed and the following is

substituted:

Maintenance Grant

18(1) The Minister may award financial assistance in the form of

a Maintenance Grant to an eligible student who

(

a) is financially responsible for a parent, spouse, adult

interdependent partner or child of the student,

(

b) in the Minister's opinion requires special financial help, and

(

c) has obtained a loan of $1000 or more in the loan year in

which the academic year or semester referred to in subsection

(2) begins.

Section 19 is repealed and the following is substituted:

Grant for Students with Disabilities

19 The Minister may award financial assistance in the form of a

Grant for Students with Disabilities, in an amount not exceeding

$1000 per semester, to an eligible student who

(

a) is a student with a disability,

(

b) in the Minister's opinion requires special financial help, and

(

c) has obtained a loan of $1000 or more in the loan year in

which the semester for which the grant is being awarded

occurs.

Section 29 is repealed.

Section 33(6) is amended

(

a) by striking out "5 years" and substituting "60 months";

(

b) by adding "as that day was identified in the borrower's first

application for interest relief," after "full-time student".

Section 33(7) is amended by striking out "3" and

substituting "6".

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

Alberta Regulation 80/2006

Personal Property Security Act

PERSONAL PROPERTY SECURITY AMENDMENT REGULATION

Filed: April 5, 2006

For information only: Made by the Lieutenant Governor in Council (O.C. 140/2006)

on April 5, 2006 pursuant to

section 73 of the Personal Property Security Act.

1 The Personal Property Security Regulation (AR 95/2001)

is amended by this Regulation.

Section 70 is amended by striking out "June 30, 2006" and

substituting "June 30, 2008".

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

Alberta Regulation 81/2006

Alberta Health Care Insurance Act

CLAIMS FOR BENEFITS REGULATION

Filed: April 7, 2006

For information only: Made by the Minister of Health and Wellness (M.O. 16/2006)

on March 23, 2006 pursuant to

section 17 of the Alberta Health Care Insurance Act.

Table of Contents

Definitions

2 Application of other regulations

3 To whom benefits are payable

4 Payment to practitioner

5 Form of claim

6 Adjustment of claim permitted

7 Limitation period for claims

8 Extended illness outside Alberta

9 Disruption in hospital services

10 Repeals

11 Expiry

Definitions

1 In this Regulation,

(a) "Act" means the Alberta Health Care Insurance Act;

(b) "carrier" means a carrier as defined in

section 26 of the Act;

(c) "dependant" means a dependant as defined in the Alberta

Health Care Insurance Regulation;

(d) "insurer" means an insurer as defined in

section 26 of the

Act;

(e) "self-insurance plan" means a self-insurance plan as defined

section 26 of the Act.

Application of other regulations

2 The payment of benefits for health services is subject to this

Regulation and to any other applicable regulation under the Act

relating to those benefits.

To whom benefits are payable

3(1) Subject to subsection (4), the Minister may, in respect of a health

service provided in Alberta to a resident or to a resident's dependant

who is a resident, pay benefits to

(

a) the resident,

(

b) the practitioner who provided the health service, or

(

c) a third party who at the request of the Minister

(

i) provides evidence satisfactory to the Minister that he or

she paid for the health service provided, or

(ii) has entered into an agreement with the Minister for the

reimbursement of benefits paid by the third party.

(2) Subject to subsection (4), the Minister may, in respect of a health

service provided outside Alberta in another province or a territory of

Canada to a resident or to a resident's dependant who is a resident, pay

benefits to

(

a) the resident,

(

b) the resident's insurer, if the insurer

(

i) provides evidence satisfactory to the Minister that the

insurer paid for the health service provided, or

(ii) has entered into an agreement with the Minister for the

reimbursement of benefits paid by the insurer,

(

c) the practitioner who provided the health service,

(

d) a health care facility,

(

e) the government of a province or territory in Canada, as the

case may be, or

(

f) a third party who is not an insurer and who at the request of

the Minister

(

i) provides evidence satisfactory to the Minister that the

third party paid for the health service provided, or

(ii) has entered into an agreement with the Minister for the

reimbursement of benefits paid by the third party.

(3) Subject to subsection (4), the Minister may, in respect of a health

service provided outside Canada to a resident or to a resident's

dependant who is a resident, pay benefits to

(

a) the resident,

(

b) the resident's insurer, if the insurer

(

i) provides evidence satisfactory to the Minister that the

insurer paid for the health service provided, or

(ii) has entered into an agreement with the Minister for the

reimbursement of benefits paid by the insurer,

(

c) the practitioner who provided the health service,

(

d) a health care facility, or

(

e) a third party who is not an insurer and who at the request of

the Minister

(

i) provides evidence satisfactory to the Minister that the

third party paid for the health service provided, or

(ii) has entered into an agreement with the Minister for the

reimbursement of benefits paid by the third party.

(4) No benefits may be paid to a third party under subsections (1) to

(3) without first having obtained the written consent of the resident.

(5) The Minister may, in accordance with and subject to the conditions

contained in an agreement referred to in

section 17 of the Alberta

Health Care Insurance Regulation, pay benefits in the amounts and to

the persons authorized by that agreement.

Payment to practitioner

4(1) In this section, "clinic" means a group of practitioners who

practise their profession together.

(2) A practitioner may assign the benefits to which the practitioner is

entitled to

(

a) a clinic of which the practitioner is a member,

(

b) an organization that employs or has entered into a service

agreement or arrangement with the practitioner, or

(

c) another practitioner.

(3) Every practitioner who submits a claim for benefits for payment

by the Minister is responsible for ensuring the accuracy of the

information and is liable for inaccurate information shown on the

claim for benefits.

Form of claim

5(1) A claim for benefits must include the information required by the

Minister and must be submitted in a manner determined by the

Minister.

(2) When a person has submitted a claim for benefits, the person must

provide to the Minister, in a manner determined by the Minister, any

further information respecting the claim that the Minister requires.

Adjustment of claim permitted

6 If a person has received payment from the Minister with respect to

a claim or claims for benefits and subsequently requests adjustment in

the amount paid because of an error, the Minister may make the

adjustment.

Limitation period for claims

7(1) Unless the Minister considers that extenuating circumstances

exist, a claim for benefits for health services provided to a resident is

not payable

(

a) if the Minister receives the claim from a practitioner in

Alberta more than 180 days after the date the health service

was provided or the resident was discharged from hospital, or

(

b) if the Minister receives the claim from a resident, a

practitioner outside Alberta or a health care facility outside

Alberta more than 365 days after the date the service was

provided or the resident was discharged from hospital.

(2) Unless the Minister considers that extenuating circumstances exist,

a claim for benefits for health services provided in Alberta that is

resubmitted for payment is not payable if it is submitted more than 180

days after the last transaction for that claim.

(3) Subsections (1) and (2) do not apply in respect of a claim

submitted or resubmitted pursuant to an agreement referred to in

section 17 of the Alberta Health Care Insurance Regulation.

Extended illness outside Alberta

8(1) If, in respect of one particular illness or accident, a resident or a

resident's dependant who is a resident obtains health services outside

Alberta that extend over a period of more than 3 months from the date

the first of those services was received, the resident or a person acting

on the resident's behalf

(

a) must, if requested to do so by the Minister, notify the

Minister of the reasons why continuation of out-of-province

care is necessary, and

(

b) must provide any details that the Minister requests.

(2) If the Minister receives a claim for benefits with respect to health

services referred to in subsection (1), and the resident or a person

acting on his or her behalf has complied with subsection (1), the

Minister may

(

a) continue the payment of benefits,

(

b) prescribe the period in which benefits will continue to be

paid, or

(

c) terminate the payment of benefits.

(3) If a resident fails to comply with a request from the Minister under

subsection (1), the Minister may terminate payment of benefits with

respect to that illness or accident at any time after 3 months from the

date the first of the health services was received.

(4) A resident may assign to an insurer the benefits to which the

resident is entitled for a health service provided to the resident or the

resident's dependant outside of Alberta, if the insurer has entered into

an agreement with the Minister providing for the assignment.

Disruption in hospital services

9 Notwithstanding

section 5 of the Medical Benefits Regulation, if

there is a disruption in hospital services arising from a labour dispute

and the Minister is of the opinion that it is necessary to transfer a

resident outside Canada to receive services that are insured services in

Alberta, the Minister may pay benefits in respect of those services in

the amount charged by the physician or organization rendering the

service.

Repeals

10 The Claims for Benefits Regulation (AR 204/81) and the Payment

for Out-of-Province Medical Claims Regulation (AR 282/85) are

repealed.

Expiry

11 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 15, 2016.

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

Alberta Regulation 82/2006

Alberta Health Care Insurance Act

CHIROPRACTIC BENEFITS REGULATION

Filed: April 7, 2006

For information only: Made by the Minister of Health and Wellness (M.O. 15/2006)

on March 23, 2006 pursuant to

section 17 of the Alberta Health Care Insurance Act.

Table of Contents

Definitions

2 Eligibility

3 Benefits payable

4 Included in amount of benefits

5 Benefit limits

6 Repeal

7 Expiry

List of Chiropractic Services

Definitions

1 In this Regulation,

(a) "Act" means the Alberta Health Care Insurance Act;

(b) "benefit period" means a period of 12 consecutive months

beginning on July 1 of each year;

(c) "chiropractic services" means the services in the List of

Chiropractic Services in this Regulation;

(d) "Schedule of Chiropractic Benefits" means the

Schedule of

Chiropractic Benefits prepared and published by the

Department of Health and Wellness and approved by the

Minister.

Eligibility

2(1) Benefits are payable in accordance with the regulations under the

Act for chiropractic services provided to a resident of Alberta by a

chiropractor in Alberta.

(2) Notwithstanding subsection (1), benefits are not payable for

chiropractic services if a declaration under

section 25 of the Health

Insurance Premiums Act is in effect in respect of the person who

receives the services.

(3) Notwithstanding subsection (1), no benefits are payable for

chiropractic services

(

a) provided in respect of an injury or injuries to which the

Diagnostic and Treatment Protocols Regulation

(AR 122/2004) applies and that are diagnosed and treated in

accordance with the protocols under that Regulation, and

(

b) for which an insurer is liable to pay pursuant to the

Automobile Accident Insurance Benefits Regulations

(AR 352/72).

Benefits payable

3(1) The benefits payable for chiropractic services and the

descriptions of those services are set out in the

Schedule of

Chiropractic Benefits.

(2) Notwithstanding subsection (1), the benefits payable for

chiropractic services provided to a resident of Alberta by a

chiropractor are limited to the lesser of

(

a) the amount claimed, and

(

b) the rates established in the

Schedule of Chiropractic Benefits.

Included in amount of benefits

4 The benefits payable for chiropractic services provided to a resident

of Alberta by a chiropractor include an amount for the following:

(

a) performing the chiropractic services;

(

b) administration;

(

c) recording of information regarding the services provided,

unless the recording of the information is for the purposes of

a third party;

(

d) completing and submitting claims;

(

e) discussion or correspondence with a referring health care

professional regarding treatment or a service to be provided

to a patient directly related to managing the patient's care,

unless otherwise provided in this Regulation or the Alberta

Health Care Insurance Regulation.

Benefit limits

5 The benefits payable for each resident for chiropractic services

provided within each benefit period are limited to

(

a) one visit per day,

(

b) one x-ray, unless extenuating circumstances exist, and

(

c) a maximum of $200.

Repeal

6 The Chiropractic Benefits Regulation (AR 268/95) is repealed.

Expiry

7 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 15, 2016.

List of Chiropractic Services

(

a) visits (for any of the following treatment modalities):

(

i) chiropractic adjustment and manipulation;

(ii) contrast baths;

(iii) diathermy;

(iv) electrotherapy;

(

v) exercise therapy rehabilitation;

(vi) hydrotherapy;

(vii) infrared therapy;

(viii) iontophoresis therapy;

(ix) laser therapy;

(

x) massage - manual;

(xi) microcurrent;

(xii) orthotics;

(xiii) superficial cold (cryotherapy);

(xiv) superficial heat;

(xv) traction;

(xvi) trigger point therapy;

(xvii) ultrasound wave therapy;

(xviii) ultraviolet wave therapy;

(xix) vapo-coolant therapy;

(xx) vibration therapy;

(

b) x-rays.

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

Alberta Regulation 83/2006

Alberta Health Care Insurance Act

EXTENDED HEALTH SERVICES BENEFITS REGULATION

Filed: April 7, 2006

For information only: Made by the Minister of Health and Wellness (M.O. 17/2006)

on March 23, 2006 pursuant to

section 17 of the Alberta Health Care Insurance Act.

Table of Contents

Definitions

2 Eligibility

3 Dental benefits payable

4 Optical benefits payable

5 Included in amount of benefits

6 Benefit limits - dental

7 Benefit limits - optical

8 Repeal

9 Expiry

List of Dentist Goods and Services

List of Denturist Goods and Services

List of Optician Goods and Services

List of Optometrist Goods and Services

Definitions

1 In this Regulation,

(a) "Act" means the Alberta Health Care Insurance Act;

(b) "dental extended health services" means the goods and

services set out in the List of Dentist Goods and Services and

the List of Denturist Goods and Services in this Regulation;

(c) "dependant" means a dependant as defined in the Alberta

Health Care Insurance Regulation;

(d) "eligible resident" means

(

i) a resident who is receiving a widow's pension under the

Widows' Pension Act, and

(ii) a person who is a dependant of a person referred to in

subclause (i);

(e) "optical extended health services" means the goods and

services set out in the List of Optician Goods and Services

and the List of Optometrist Goods and Services in this

Regulation;

(f) "Schedule of Dental Extended Health Benefits" means the

Schedule of Dental Extended Health Benefits prepared and

published by the Department of Health and Wellness and

approved by the Minister;

(g) "Schedule of Optical Extended Health Benefits" means the

Schedule of Optical Extended Health Benefits prepared and

published by the Department of Health and Wellness and

approved by the Minister.

Eligibility

2(1) Benefits are payable to or on behalf of eligible residents for the

following extended health services provided to an eligible resident:

(

a) goods and services in the List of Dentist Goods and Services

in this Regulation that are provided by or under the

supervision of a dentist;

(

b) goods and services in the List of Denturist Goods and

Services in this Regulation that are provided by or under the

supervision of a denturist;

(

c) goods and services in the List of Optician Goods and

Services in this Regulation that are provided by or under the

supervision of an optician;

(

d) goods and services in the List of Optometrist Goods and

Services in this Regulation that are provided by or under the

supervision of an optometrist.

(2) Notwithstanding subsection (1), benefits are not payable for

extended health services if a declaration under

section 25 of the Health

Insurance Premiums Act is in effect in respect of the person who

receives the services.

Dental benefits payable

3(1) The benefits payable for dental extended health services and the

descriptions of those services are set out in the

Schedule of Dental

Extended Health Benefits.

(2) Notwithstanding subsection (1), the benefits payable for dental

extended health services provided to an eligible resident by a

practitioner are limited to the lesser of

(

a) the amount claimed, and

(

b) the rates established in the

Schedule of Dental Extended

Health Benefits.

Optical benefits payable

4(1) The benefits payable for optical extended health services and the

descriptions of those services are set out in the

Schedule of Optical

Extended Health Benefits.

(2) Notwithstanding subsection (1), the benefits payable for optical

extended health services provided to an eligible resident by a

practitioner are limited to the lesser of

(

a) the amount claimed, and

(

b) the rates established in the

Schedule of Optical Extended

Health Benefits.

Included in amount of benefits

5 The benefits payable for dental extended health services or optical

extended health services provided to an eligible resident by a

practitioner include an amount for the following:

(

a) performing the dental extended health services or optical

extended health services;

(

b) administration;

(

c) recording of information regarding the services provided

unless the recording of the information is for the purposes of

a third party;

(

d) completing and submitting claims;

(

e) discussion or correspondence with a referring health care

professional regarding treatment or a service to be provided

to a patient directly related to managing the patient's care,

unless otherwise provided in this Regulation or the Alberta

Health Care Insurance Regulation.

Benefit limits - dental

6 Benefits payable for dental extended health services provided to an

eligible resident are subject to the following limitations:

(

a) a benefit for a complete denture for a given arch (upper or

lower jaw) will be paid no more frequently than once every 5

years, and then only if no previous benefit has been paid for a

denture or reset (including rebase) for the arch during that

period;

(

b) a benefit for a partial denture for a given arch will be paid no

more frequently than once every 5 years;

(

c) a benefit for a reline for a denture will be paid no more

frequently than once every 2 years, and then only if no

previous benefit has been paid for a reline or rebase for the

denture during that period.

Benefit limits - optical

7(1) The benefits payable for optical extended health services are

limited to one good or service in each 3-year period beginning January

1, 1995.

(2) Notwithstanding subsection (1), benefits may be paid for 2 pairs of

glasses, 2 pairs of lenses or 2 lenses with different corrections, instead

of bifocals, but the glasses or lenses must be purchased at the same

time and the benefit to be paid must not exceed the benefit payable for

bifocals.

Repeal

8 The Extended Health Services Benefits Regulation (AR 383/94) is

repealed.

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 15, 2016.

List of Dentist Goods and Services

(

a) examinations;

(

b) radiographs;

(

c) restorative services;

(

d) endodontics;

(

e) periodontics;

(

f) dentures;

(

g) repairs/additions;

(

h) relines;

(

i) tissue conditioning;

(

j) oral and maxillofacial surgery.

List of Denturist Goods and Services

(

a) dentures;

(

b) relines;

(

c) repairs/additions;

(

d) tissue conditioning;

(

e) oral exams.

List of Optician Goods and Services

(

a) single vision lens for distance;

(

b) single vision lens for reading;

(

c) bifocal lens;

(

d) multifocal lens;

(

e) complete pair of glasses.

List of Optometrist Goods and Services

(

a) single vision lens for distance;

(

b) single vision lens for reading;

(

c) bifocal lens;

(

d) multifocal lens;

(

e) complete pair of glasses.

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

Alberta Regulation 84/2006

Alberta Health Care Insurance Act

MEDICAL BENEFITS REGULATION

Filed: April 7, 2006

For information only: Made by the Minister of Health and Wellness (M.O. 18/2006)

on March 23, 2006 pursuant to

section 17 of the Alberta Health Care Insurance Act.

Table of Contents

Definitions

2 Eligibility

3 Benefits for services in Alberta

4 Benefits for services in Canada

5 Benefits for services outside Canada

6 Included in amount of benefits

7 Conditional benefits

8 Alteration of appearance surgery

9 Specialist benefits

10 Rates set by regional health authority

11 Repeal

12 Expiry

Definitions

1 In this Regulation,

(a) "Act" means the Alberta Health Care Insurance Act;

(b) "insured medical services" means

(

i) all services provided by physicians that are medically

required, and

(ii) any other services that are declared to be insured

services pursuant to

section 2 of the Act,

but does not include any services that a person is eligible for

and entitled to under any Act of the Parliament of Canada or

under the Workers' Compensation Act or any law of any

jurisdiction outside Alberta relating to workers'

compensation;

(c) "Schedule of Medical Benefits" means the

Schedule of

Medical Benefits prepared and published by the Department

of Health and Wellness and approved by the Minister.

Eligibility

2(1) Benefits are payable in accordance with the regulations under the

Act for insured medical services provided to a resident of Alberta.

(2) Notwithstanding subsection (1), benefits are not payable for

insured medical services if a declaration under

section 25 of the Health

Insurance Premiums Act is in effect in respect of the person who

receives the services.

Benefits for services in Alberta

3(1) The benefits payable for insured medical services provided to a

resident of Alberta in Alberta and the descriptions of those services are

set out in the

Schedule of Medical Benefits.

(2) Notwithstanding subsection (1), unless otherwise approved by the

Minister, the benefits payable for insured medical services provided to

a resident of Alberta in Alberta are limited to the lesser of

(

a) the amount claimed, and

(

b) the rates established in the

Schedule of Medical Benefits.

Benefits for services in Canada

4(1) In this section, "medical reciprocal agreement" means an

agreement referred to in

section 17 of the Alberta Health Care

Insurance Regulation.

(2) Notwithstanding any provision in this Regulation, benefits for

insured medical services provided to a resident of Alberta by a

physician in another province or territory of Canada that are claimed

under a medical reciprocal agreement are payable

(

a) according to the rules established for payment of benefits in

that province or territory, and

(

b) at the rates established by that province or territory.

(3) Notwithstanding any provision in this Regulation, benefits for

insured medical services provided to a resident of Alberta by a

physician in another province or territory of Canada that are not

claimed under a medical reciprocal agreement are determined as

follows:

(

a) if the insured medical services are insured services under the

legislation of that province or territory, the benefits are

payable according to the rules established for payment of

benefits in that province or territory and are limited to the

lesser of

(

i) the amount claimed, and

(ii) the rates established by that province or territory;

(

b) if the insured medical services are not insured services under

the legislation of that province or territory, the benefits are

payable according to the Act and the regulations under the

Act, and are limited to the lesser of

(

i) the amount claimed, and

(ii) the rates established in the

Schedule of Medical

Benefits.

(4) No benefit is payable for services provided to a resident of Alberta

by a physician in another province or territory of Canada unless the

services are insured medical services in Alberta or are claimed under a

medical reciprocal agreement.

Benefits for services outside Canada

5(1) Subject to the Out-of -Country Health Services Regulation, the

benefits payable for insured medical services provided to a resident of

Alberta by a physician outside Canada are limited to the lesser of

(

a) the amount claimed, and

(

b) the rates established by the Minister.

(2) No benefits are payable for services provided to a resident of

Alberta by a physician outside Canada if the services are not insured

medical services in Alberta.

Included in amount of benefits

6 The benefits payable for insured medical services provided to a

resident of Alberta by a physician include an amount for the following:

(

a) performing the insured medical service;

(

b) administration;

(

c) recording of information regarding the services provided

unless the recording of the information is for the purposes of

a third party;

(

d) completing and submitting claims;

(

e) discussion or correspondence with a referring health care

professional regarding treatment or a service to be provided

to a patient directly related to managing the patient's care,

unless otherwise provided in this Regulation or the Alberta

Health Care Insurance Regulation.

Conditional benefits

7 Benefits are not payable for pathology services or diagnostic

imaging services provided to a resident of Alberta in Alberta unless the

physician that provides the insured medical service has been accredited

to provide the insured medical service by the College of Physicians

and Surgeons of Alberta.

Alteration of appearance surgery

8 No benefit is payable with respect to a surgical procedure for the

alteration of appearance performed for emotional, psychological or

psychiatric reasons unless the Minister gives approval prior to the

surgery being performed.

Specialist benefits

9(1) Specialist benefits for insured medical services provided in

Alberta are payable only to a physician who has received

(

a) a specialist certificate in accordance with the Medical

Profession Act, or

(

b) an interim certificate issued by the College of Physicians and

Surgeons of Alberta indicating that the physician has

completed the requirements for a specialist certificate and is

awaiting formal recognition.

(2) Specialist benefits for insured medical services provided to a

resident of Alberta in a place outside of Alberta are payable only if the

physician who provided the insured medical services is accredited as a

specialist in that place.

Rates set by regional health authority

10(1) The benefits payable for laboratory medicine services and

pathology services provided to a resident of Alberta in Alberta are the

rates determined by the regional health authority of the health region in

which the services are provided.

(2) The benefits referred to in subsection (1) are not payable unless the

service is provided by a person authorized by a regional health

authority to provide the service.

Repeal

11 The Medical Benefits Regulation (AR 173/93) is repealed.

Expiry

12 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 15, 2016.

Alberta Regulation 85/2006

Alberta Health Care Insurance Act

OPTOMETRIC BENEFITS REGULATION

Filed: April 7, 2006

For information only: Made by the Minister of Health and Wellness (M.O. 19/2006)

on March 23, 2006 pursuant to

section 17 of the Alberta Health Care Insurance Act.

Table of Contents

Definitions

2 Eligibility

3 Benefits payable

4 Included in amount of benefits

5 Benefit limits

6 Repeal

7 Expiry

List of Optometric Services

Definitions

1 In this Regulation,

(a) "benefit period" means a period of 12 consecutive months

commencing on July 1 in each year;

(b) "eligible resident" means a resident of Alberta who is 65

years of age or older or who is 18 years of age or younger;

(c) "optometric services" means the services in the List of

Optometric Services in this Regulation;

(d) "Schedule of Optometric Benefits" means the

Schedule of

Optometric Benefits prepared and published by the

Department of Health and Wellness and approved by the

Minister.

Eligibility

2(1) Benefits are payable in accordance with the regulations under the

Act for optometric services provided to an eligible resident by an

optometrist in Alberta.

(2) Notwithstanding subsection (1), benefits are not payable for

optometric services if a declaration under

section 25 of the Health

Insurance Premiums Act is in effect in respect of the person who

receives the services.

Benefits payable

3(1) The benefits payable for optometric services and the descriptions

of those services are set out in the

Schedule of Optometric Benefits.

(2) Notwithstanding subsection (1), the benefits payable for

optometric services provided to an eligible resident by an optometrist

are limited to the lesser of

(

a) the amount claimed, and

(

b) the rates established in the

Schedule of Optometric Benefits.

Included in amount of benefits

4 The benefits payable for optometric services provided to an eligible

resident by an optometrist include an amount for the following:

(

a) performing the optometric services;

(

b) administration;

(

c) recording of information regarding the services provided

unless the recording of the information is for the purposes of

a third party;

(

d) completing and submitting claims;

(

e) discussion or correspondence with a referring health care

professional regarding treatment or a service to be provided

to a patient directly related to managing the patient's care,

unless otherwise provided in this Regulation or the Alberta

Health Care Insurance Regulation.

Benefit limits

5(1) In each benefit period an eligible resident is entitled to have

benefits paid for

(

a) one complete oculo-visual assessment referred to in clause

(

a) of the List of Optometric Services,

(

b) one partial visual examination referred to in clause (

b) of the

List of Optometric Services, and

(

c) one single diagnostic procedure from the list in clause (

c) of

the List of Optometric Services.

(2) An eligible resident is entitled to have benefits paid for the

optometric services referred to in subsection (1)(

a) to (

c) more than

once in a benefit period if

(

a) the resident has been referred to the optometrist by a

physician, or

(

b) the Minister considers that the limit is not appropriate based

on the nature of the disease or condition of the eligible

resident.

(3) Unless the

Schedule of Optometric Benefits provides otherwise, if

more than one of the optometric services referred to in subsection

(1)(

a) to (

c) is provided to an eligible resident on a single day, that

resident is only entitled to have benefits paid for one of the services

provided on that day.

Repeal

6 The Optometric Benefits Regulation (AR 267/95) is repealed.

Expiry

7 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 15, 2016.

List of Optometric Services

(

a) complete oculo-visual assessment including refraction and

writing of optical prescription for the fitting of corrective

lenses;

(

b) partial vision examination, which includes 2 or more single

diagnostic procedures;

(

c) single diagnostic procedures as follows:

(

i) external examination;

(ii) internal examination;

(iii) tear-chemistry evaluation;

(iv) anterior chamber depth measurement;

(

v) tonometry;

(vi) colour vision testing;

(vii) visual fields testing;

(viii) refraction;

(ix) examination for low vision aid;

(

x) computer assisted visual fields.

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

Alberta Regulation 86/2006

Alberta Health Care Insurance Act

ORAL AND MAXILLOFACIAL SURGERY BENEFITS REGULATION

Filed: April 7, 2006

For information only: Made by the Minister of Health and Wellness (M.O. 20/2006)

on March 23, 2006 pursuant to

section 17 of the Alberta Health Care Insurance Act.

Table of Contents

Definitions

2 Eligibility

3 Benefits for services in Alberta

4 Benefits for services in Canada

5 Benefits for services outside Canada

6 Increased benefit

7 Included in amount of benefits

8 Repeal

9 Expiry

List of Oral and Maxillofacial Surgery Services

Definitions

1 In this Regulation,

(a) "Act" means the Alberta Health Care Insurance Act;

(b) "oral and maxillofacial surgery services" means the services

in the List of Oral and Maxillofacial Surgery Services in this

Regulation;

(c) "Schedule of Oral and Maxillofacial Surgery Benefits"

means the

Schedule of Oral and Maxillofacial Surgery

Benefits prepared and published by the Department of Health

and Wellness and approved by the Minister.

Eligibility

2(1) Benefits are payable in accordance with the regulations under the

Act for oral and maxillofacial surgery services provided to a resident

of Alberta by a dentist.

(2) Notwithstanding subsection (1), benefits are not payable for oral

and maxillofacial surgery services if a declaration under

section 25 of

the Health Insurance Premiums Act is in effect in respect of the person

who receives the services.

Benefits for services in Alberta

3(1) The benefits payable for oral and maxillofacial surgery services

provided to a resident of Alberta in Alberta and the descriptions of

those services are set out in the

Schedule of Oral and Maxillofacial

Surgery Benefits.

(2) Notwithstanding subsection (1), the benefits payable for oral and

maxillofacial surgery services provided to a resident of Alberta in

Alberta are limited to the lesser of

(

a) the amount claimed, and

(

b) the rates established in the

Schedule of Oral and

Maxillofacial Surgery Benefits.

Benefits for services in Canada

4(1) The benefits payable for oral and maxillofacial surgery services

provided to a resident of Alberta in another province or territory of

Canada that are insured services in Alberta are determined as follows:

(

a) if the services are insured services under the legislation in

that province or territory, the benefits are payable according

to the rules established for payment of benefits in that

province or territory and the benefits payable are limited to

the lesser of

(

i) the amount claimed, and

(ii) the rates established by that province or territory;

(

b) if the services are not insured services under the legislation in

that province or territory, the benefits are payable according

to the Act and the regulations under the Act and the benefits

payable are limited to the lesser of

(

i) the amount claimed, and

(ii) the rates established in the

Schedule of Oral and

Maxillofacial Surgery Benefits.

(2) No benefits are payable for oral and maxillofacial surgery services

provided to a resident of Alberta in another province or territory of

Canada if the services provided are not insured services in Alberta.

Benefits for services outside Canada

5(1) The benefits payable for oral and maxillofacial surgery services

provided to a resident of Alberta outside Canada that are insured

services in Alberta are limited to the lesser of

(

a) the amount claimed, and

(

b) the rates established in the

Schedule of Oral and

Maxillofacial Surgery Benefits.

(2) No benefits are payable for oral and maxillofacial surgery services

provided to a resident of Alberta outside Canada if the services

provided are not insured services in Alberta.

Increased benefit

6(1) Notwithstanding sections 3 and 4, a benefit that is higher than the

rate set out in the

Schedule of Oral and Maxillofacial Surgery Benefits

may be payable for oral and maxillofacial surgery services provided to

a resident of Alberta in Canada if unusual complications occur or

unusual care is required.

(2) A request for an increased benefit must be accompanied by

supporting evidence satisfactory to the Minister.

Included in amount of benefits

7 The benefits payable for oral and maxillofacial surgery services

provided to a resident of Alberta by a dentist include an amount for the

following:

(

a) performing the oral or maxillofacial surgery service;

(

b) administration;

(

c) recording of information regarding the services provided

unless if the recording of the information is for the purposes

of a third party;

(

d) completing and submitting claims;

(

e) discussion or correspondence with a referring health care

professional regarding treatment or a service to be provided

to a patient directly related to managing the patient's care,

unless otherwise provided in this Regulation or the Alberta

Health Care Insurance Regulation.

Repeal

8 The Oral and Maxillofacial Surgery Benefits Regulation

(AR 123/95) is repealed.

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 15, 2016.

List of Oral and Maxillofacial

Surgery Services

(

a) non-operative endoscopy of respiratory tract;

(

b) other non-operative endoscopy;

(

c) diagnostic interview and evaluation or consultation;

(

d) injection or infusion of other therapeutic or prophylactic

substance;

(

e) other injection or infusion of other therapeutic or

prophylactic substance;

(

f) other miscellaneous diagnostic and therapeutic procedures;

(

g) cranioplasty;

(

h) incision, division and excision of cranial and peripheral

nerves;

(

i) destruction of cranial and peripheral nerves;

(

j) suture of cranial and peripheral nerves;

(

k) freeing of adhesions and decompression of cranial and

peripheral nerves;

(

l) transposition of cranial and peripheral nerves;

(

m) injection into peripheral nerve;

(

n) control of epistaxis;

(

o) submucous resection of nasal septum;

(

p) reduction of nasal fracture;

(

q) repair and plastic operations on the nose;

(

r) intranasal antrotomy;

(

s) repair and plastic operation of nasal sinus;

(

t) excision of dental lesion of jaw;

(

u) other orthodontic operations;

(

v) other dental operations;

(

w) partial glossectomy;

(

x) complete glossectomy;

(

y) repair and plastic operations on tongue;

(

z) invasive diagnostic procedures on tongue;

(aa) other operations on tongue;

(bb) incision of salivary gland or duct;

(cc) excision of lesion of salivary gland;

(dd) sialoadenectomy;

(ee) other operations on salivary gland or duct;

(ff) drainage of face or floor of mouth;

(gg) incision of palate;

(hh) excision of lesion or tissue of palate;

(ii) plastic repair of mouth (internal);

(jj) palatoplasty;

(kk) invasive diagnostic procedures on oral cavity;

(ll) other operations on mouth and face;

(mm) plastic operation on pharynx;

(nn) temporary tracheostomy;

(oo) incision of chest wall and pleura;

(pp) other operations on vessels;

(qq) closed reduction of facial fractures;

(rr) open reduction of facial fractures;

(ss) incision of facial bone without division;

(tt) partial ostectomy of facial bone, except mandible;

(uu) temporomandibular arthroplasty;

(vv) other facial bone repair and osteoplasty;

(ww) invasive diagnostic procedures on facial bones;

(xx) other operations on facial bones and joints;

(yy) sequestrectomy;

(zz) synovectomy;

(aaa) other operations on joints;

(bbb) incision of muscle, tendon, fascia and bursa;

(ccc) excision of skin and subcutaneous tissue;

(ddd) relaxation of scar or contracture of skin;

(eee) flap or pedicle graft;

(fff) plastic operations on lip and external mouth;

(ggg) ill-defined operations.

Alberta Regulation 87/2006

Alberta Health Care Insurance Act

PODIATRIC BENEFITS REGULATION

Filed: April 7, 2006

For information only: Made by the Minister of Health and Wellness (M.O. 21/2006)

on March 23, 2006 pursuant to

section 17 of the Alberta Health Care Insurance Act.

Table of Contents

Definitions

2 Eligibility

3 Benefits payable

4 Included in amount of benefits

5 Benefit limit

6 Repeal

7 Expiry

List of Podiatric Services

Definitions

1 In this Regulation,

(a) "Act" means the Alberta Health Care Insurance Act;

(b) "benefit period" means a period of 12 consecutive months

beginning on July 1 of each year;

(c) "podiatric services" means the services in the List of

Podiatric Services in this Regulation;

(d) "Schedule of Podiatric Benefits" means the

Schedule of

Podiatric Benefits prepared and published by the Department

of Health and Wellness and approved by the Minister.

Eligibility

2(1) Benefits are payable in accordance with the regulations under the

Act for podiatric services provided to a resident of Alberta by a

podiatrist in Alberta.

(2) Notwithstanding subsection (1), benefits are not payable for

podiatric services if a declaration under

section 25 of the Health

Insurance Premiums Act is in effect in respect of the person who

receives the services.

Benefits payable

3(1) The benefits payable for podiatric services and the descriptions

of those services are set out in the

Schedule of Podiatric Benefits.

(2) Notwithstanding subsection (1), the benefits payable for podiatric

services provided to a resident of Alberta by a podiatrist are limited to

the lesser of

(

a) the amount claimed, and

(

b) the rates established in the

Schedule of Podiatric Benefits.

Included in amount of benefits

4 The benefits payable for podiatric services provided to a resident of

Alberta by a podiatrist include an amount for the following:

(

a) performing the podiatric services;

(

b) administration;

(

c) recording of information regarding the services provided

unless the recording of the information is for the purposes of

a third party;

(

d) completing and submitting claims;

(

e) discussion or correspondence with a referring health care

professional regarding treatment or a service to be provided

to a patient directly related to managing the patient's care,

unless otherwise provided in this Regulation or the Alberta

Health Care Insurance Regulation.

Benefit limit

5 The benefits payable for each resident for podiatric services

provided within each benefit period are limited to a maximum of $250.

Repeal

6 The Podiatric Benefits Regulation (AR 152/95) is repealed.

Expiry

7 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 15, 2016.

List of Podiatric Services

(

a) diagnostic interview and evaluation or consultation;

(

b) other physical medicine - musculoskeletal manipulation;

(

c) other immobilization, pressure and attention to wound;

(

d) other injection or infusion of other therapeutic or

prophylactic substances;

(

e) incision, division and excision of cranial and peripheral

nerves;

(

f) suture of cranial and peripheral nerves;

(

g) freeing of adhesions and decompression of cranial and

peripheral nerves;

(

h) cranial or peripheral nerve graft;

(

i) other cranial or peripheral neuroplasty;

(

j) injection into peripheral nerve;

(

k) invasive diagnostic procedures on peripheral nervous system;

(

l) sequestrectomy;

(

m) other incision of bone without division;

(

n) other division of bone tarsals and metatarsals;

(

o) excision of bunion (bunionectomy);

(

p) local excision of lesion or tissue of bone;

(

q) bone graft;

(

r) removal of internal fixation device;

(

s) closed reduction of fracture (without internal fixation);

(

t) open reduction of fracture (without internal fixation);

(

u) closed reduction of dislocation of joint;

(

v) open reduction of dislocation of joint;

(

w) other arthrotomy;

(

x) arthroscopy;

(

y) arthrodesis of foot and ankle;

(

z) arthroplasty of foot and toe;

(aa) arthroplasty of knee and ankle;

(bb) other operations on joints;

(cc) incision of muscle, tendon, fascia and bursa;

(dd) division of muscle, tendon, and fascia;

(ee) excision of lesion of muscle, tendon, fascia, and bursa;

(ff) suture of muscles, tendon and fascia;

(gg) reconstruction of muscle and tendon;

(hh) other plastic operations on muscles, tendon and fascia;

(ii) invasive diagnostic procedures on muscle, tendon, fascia and

bursa;

(jj) other operations on muscle, tendon, fascia and bursa;

(kk) amputation of lower limb;

(ll) incision of skin and subcutaneous tissue;

(mm) excision of skin and subcutaneous tissue;

(nn) suture of skin and subcutaneous tissue;

(oo) free skin graft;

(pp) flap or pedicle graft;

(qq) other repair and reconstruction of skin and subcutaneous

tissue;

(rr) other operations on skin and subcutaneous tissue;

(ss) ill-defined operations;

(tt) diagnostic radiology.

Alberta Regulation 88/2006

Employment Pension Plans Act

EMPLOYMENT PENSION PLANS (SECTION 72.1 REPEAL)

AMENDMENT REGULATION

Filed: April 12, 2006

For information only: Made by the Lieutenant Governor in Council (O.C. 162/2006)

on April 12, 2006 pursuant to

section 87 of the Employment Pension Plans Act.

1 The Employment Pension Plans Regulation (AR 35/2000)

is amended by this Regulation.

Section 72.1 is repealed.

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

Alberta Regulation 89/2006

Insurance Act

CLASSES OF INSURANCE AMENDMENT REGULATION

Filed: April 12, 2006

For information only: Made by the Lieutenant Governor in Council (O.C. 165/2006)

on April 12, 2006 pursuant to

section 16 of the Insurance Act.

1 The Classes of Insurance Regulation (AR 121/2001) is

amended by this Regulation.

Section 5 is amended by striking out "May 1, 2006" and

substituting "April 30, 2016".

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

Alberta Regulation 90/2006

Insurance Act

PROVINCIAL COMPANIES AMENDMENT REGULATION

Filed: April 12, 2006

For information only: Made by the Lieutenant Governor in Council (O.C. 166/2006)

on April 12, 2006 pursuant to sections 16, 432 and 450 of the Insurance Act.

1 The Provincial Companies Regulation (AR 124/2001) is

amended by this Regulation.

Section 1 is amended by renumbering it as

section 1.1

and by adding the following before the heading "Part 1

Protection and Maintenance of Assets":

Definition

1 In this Regulation, "Act" means the Insurance Act.

Section 1(

a) is repealed.

Section 8(1)(

a) is repealed.

Section 17(2)(a)(vi) is repealed and the following is

substituted:

(vi) a real property corporation described in

section 16(e),

Section 20.1(1) is amended by striking out "Minimal" and

substituting "Minimum".

Section 21(1) is repealed.

Section 30 is amended by striking out "May 1, 2006" and

substituting "April 30, 2016".

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

Alberta Regulation 91/2006

Insurance Act

MISCELLANEOUS PROVISIONS AMENDMENT REGULATION

Filed: April 12, 2006

For information only: Made by the Lieutenant Governor in Council (O.C. 167/2006)

on April 12, 2006 pursuant to sections 16, 450 and 826 of the Insurance Act.

1 The Miscellaneous Provisions Regulation (AR 120/2001)

is amended by this Regulation.

Section 5 is repealed.

Section 7(6) is repealed and the following is substituted:

(6) For the purpose of

section 825 of the Act, the following are

prescribed corporations:

(

a) a corporation that has entered into an agreement or

arrangement with the Minister pursuant to

section 76(10) of

the Financial Administration Act for the purpose of satisfying

liabilities that the corporation may incur resulting from

bodily injury to or the death of any person or damage to

property occasioned by or arising out of the ownership,

operation or use of a motor vehicle;

(

b) a municipal corporation in Alberta that has the power to

access and collect property taxes under the Municipal

Government Act.

Section 10 is amended by striking out "May 1, 2006" and

substituting "April 30, 2016".

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

Alberta Regulation 92/2006

Insurance Act

RECIPROCAL INSURANCE EXCHANGE AMENDMENT REGULATION

Filed: April 12, 2006

For information only: Made by the Lieutenant Governor in Council (O.C. 168/2006)

on April 12, 2006 pursuant to

section 106 of the Insurance Act.

1 The Reciprocal Insurance Exchange Regulation

(AR 123/2001) is amended by this Regulation.

Section 1 is amended by striking out "(SA 1999 cI-5.1)".

Section 2(1) is amended by striking out "500" and

substituting "50".

Section 3 is amended

(

a) in clause (

a) by striking out "75" and substituting

"50";

(

b) in clause (

b) by striking out "$1 500 000" and

substituting "$1 000 000".

Section 5 is amended by striking out "May 1, 2006" and

substituting "April 30, 2016".

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

Alberta Regulation 93/2006

Insurance Act

CERTIFICATE EXPIRY, PENALTIES AND FEES

AMENDMENT REGULATION

Filed: April 12, 2006

For information only: Made by the Lieutenant Governor in Council (O.C. 169/2006)

on April 12, 2006 pursuant to

section 498 of the Insurance Act.

1 The Certificate Expiry, Penalties and Fees Regulation

(AR 125/2001) is amended by this Regulation.

Section 1 is amended

(

a) by repealing subsection (3);

(

b) in subsection (4) by striking out "After October 31,

2003, a general" and substituting "A general".

Section 4 is amended by striking out "or for the amendment

or re-instatement during the period from April 1 to the following May

31 of an adjuster's certificate".

Section 5(1) is amended

(

a) in clause (

a) by striking out "of each year" and

substituting "in a year";

(

b) in clause (

b) by striking out "of that year" and

substituting "in a year";

(

c) in clause (

c) by adding "in a year" after "June 30".

Section 13(1) is repealed and the following is

substituted:

Section 480 penalties

13(1) For the purposes of

section 480(2) of the Act, the amount of

the penalty that may be imposed may not exceed the following:

(a) $5000 for a matter referred to in

section 480(1)(

a) of the

Act;

(b) $1000 for a matter referred to in

section 480(1)(b), (c),

(

d) or (

e) of the Act.

Section 15 is amended by striking out "May 1, 2006" and

substituting "April 30, 2016".

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

Alberta Regulation 94/2006

Insurance Act

INSURANCE AGENTS AND ADJUSTERS AMENDMENT REGULATION

Filed: April 12, 2006

For information only: Made by the Lieutenant Governor in Council (O.C. 170/2006)

on April 12, 2006 pursuant to

section 498 of the Insurance Act.

1 The Insurance Agents and Adjusters Regulation

(AR 122/2001) is amended by this Regulation.

Section 1 is amended

(

a) by repealing subsection (1)(

b) and substituting the

following:

(b) "Act" means the Insurance Act;

(

b) in subsection (4) by striking out "or employee" and

substituting ", employee or independent contractor";

(

c) by repealing subsection (7).

Section 2 is amended by repealing subsections (1),

(1.1) and (2) and substituting the following:

Classes of certificate

2(1) The following classes of insurance agent's certificates of

authority are established for individuals and businesses:

(

a) life insurance;

(

b) accident and sickness insurance;

(

c) general insurance.

(1.1) The following levels within the life insurance class of

insurance agent's certificates of authority are established for

individuals:

(

a) full;

(

b) level 1;

(

c) probationary.

(1.2) The following levels within the general insurance class of

insurance agent's certificates of authority are established for

individuals:

(

a) level 1;

(

b) level 2.

(2) Subsection (1.1)(

c) is repealed on February 15,

Section 2.1 is amended

(

a) in subsection (1)(

a) by adding "suspended, revoked,"

after "until it is";

(

b) by adding the following after subsection (9):

(10) A level 1 life insurance agent's certificate of authority

may not be renewed.

Section 2.2 is amended

(

a) by adding the following after subsection (1):

(1.1) Notwithstanding subsection (1), a probationary life

insurance agent's certificate of authority may not be renewed.

(

b) in subsection (2) by striking out "December 31, 2006"

and substituting "February 15, 2007".

Section 4 is amended by striking out "insurance certificate"

and substituting "insurance agent's certificate".

Section 8 is amended

(

a) in subsection (1) by striking out "full or probationary"

and substituting "life";

(

b) in subsection (6)

(

i) in the words preceding clause (

a) by adding

"referred to in this section" after "certificate of

authority" and by adding "referred to in subsection

(1) or (3)" after "has not written an examination";

(ii) in clause (

b) by striking out "committee" and

substituting "trustee".

Section 9(9) is amended

(

a) in the words preceding clause (

a) by striking out "an

insurance agent's" and substituting "a general insurance

agent's" and by adding "referred to in subsection (1) or

(2)" after "has not written an examination";

(

b) by repealing clause (

b) and substituting the

following:

(

b) the spouse or adult interdependent partner, relative,

employee, legal guardian or trustee of an insurance

agent, or the representative of a committee of insurers

of an insurance agent, who at the time of becoming

disabled through sickness, incapacity, injury or other

similar circumstances, held a subsisting certificate of

authority.

Section 19 is amended

(

a) in subsection (4) by striking out "hail insurance losses"

and substituting "losses in respect of hail insurance, travel

insurance or equipment warranty insurance";

(

b) by adding the following after subsection (4):

(5) In this section, "travel insurance" means insurance against

loss, damage, injury or expense caused by

(

a) accident, injury, sickness, property loss or theft arising

during or in connection with travel, or

(

b) cancellation, delay or interruption of travel or intended

travel.

Section 22 is amended

(

a) in subsection (7) by striking out "hail insurance losses"

and substituting "losses in respect of hail insurance, travel

insurance or equipment warranty insurance";

(

b) by adding the following after subsection (7):

(8) In this section, "travel insurance" means insurance against

loss, damage, injury or expense caused by

(

a) accident, injury, sickness, property loss or theft arising

during or in connection with travel, or

(

b) cancellation, delay or interruption of travel or intended

travel.

11 The following is added after the heading "Part 3

General":

Cancellation, Revocation, Expiry and Suspension

Restriction on renewal and reinstatement

25.1 A certificate of authority may not be renewed or reinstated

(

a) the certificate of authority has been cancelled or

revoked,

(

b) the Minister refused to renew the certificate of authority

and it has expired, or

(

c) the holder of the certificate of authority failed to renew

it before it expired.

Suspension

25.2(1) If a certificate of authority that is suspended for a

specified period is renewed, the balance of the suspension period

applies to the renewed certificate of authority.

(2) If a certificate of authority that is suspended for an unspecified

period is renewed, the suspension applies to the renewed certificate

of authority until the holder's application for reinstatement under

section 472 of the Act is approved.

Section 29 is amended by adding the following after

subsection (2.2):

(2.3) The Minister may, after taking into consideration any

recommendations made by the Accreditation Committee, revoke

the approval of a continuing education provider made under

subsection (2) if, in the Minister's opinion, the provider is not

under subsection (2.2).

Section 30 is amended

(

a) by repealing subsections (1) to (7) and substituting

the following:

Continuing education requirements

30(1) An individual or a sole proprietor who holds

(

a) a life insurance agent's certificate of authority,

(

b) an accident and sickness insurance agent's

certificate of authority,

(

c) a general insurance agent's certificate of authority,

(

d) an adjuster's certificate of authority

must complete in each certificate term at least 15 hours of the

continuing education courses approved under

section 29 with

respect to the certificate of authority.

(2) Subsection (1)(

c) does not apply to an individual or sole

proprietor who holds a general insurance agent's certificate

of authority limited to hail insurance or livestock insurance.

(

b) in subsection (7.1) by striking out "any of subsections

(1) to (7)" and substituting "any of the clauses in

subsection (1)";

(

c) in subsection (8) by striking out "Subsections (1), (2),

(4), (5) and (6) do not" and substituting "Subsection (1)

does not";

(

d) by repealing subsection (10);

(

e) by repealing subsection (12) and substituting the

following:

(12) Where a certificate of authority for an individual or sole

proprietor expires, or is cancelled or revoked within 3 months

of the expiry date of the certificate, and the holder of that

certificate applies for a new certificate of authority for the

same class of certificate as the former certificate within 6

months of the expiry, cancellation or revocation, as the case

may be, the applicant must have complied with the

continuing education requirements applicable to the former

certificate before the new certificate may be issued.

Section 31 is amended

(

a) in subsection (1)

(

i) by striking out "maintain a record of continuing

education requirements" and substituting "keep

records issued by a continuing education provider

respecting the continuing education courses";

(ii) by striking out "a copy of the record" and

substituting "the records";

(

b) in subsection (2) by striking out "14" and

substituting "30".

Section 35 is repealed and the following is substituted:

Amount of insurance

35(1) The errors and omissions insurance required in respect of

a business that holds a certificate of authority, other than a

restricted certificate, must provide coverage of at least $500 000

per claim with a maximum policy payout for all claims of

$2 000 000 in a policy year, and the policy must be issued in the

name of the business and the insurance must provide coverage

for the employees and independent contractors of the business

who hold certificates of authority.

(2) The errors and omissions insurance required in respect of a

business that holds a restricted certificate must provide coverage

of at least $500 000 per claim, with a maximum policy payout

for all claims in a policy year determined by multiplying

$500 000 by the number of employees of the business who act or

offer to act as insurance agents, to a maximum of $2 000

Section 38 is amended by striking out "(SA 1999 cI-5.1)"

wherever it occurs.

Section 40 is amended by striking out "May 1, 2006" and

substituting "April 30, 2016".

Section 41 is amended by striking out "(SA 1999 cI-5.1)"

wherever it occurs.

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

Alberta Regulation 95/2006

Insurance Act

REPLACEMENT OF LIFE INSURANCE CONTRACTS

AMENDMENT REGULATION

Filed: April 12, 2006

For information only: Made by the Lieutenant Governor in Council (O.C. 171/2006)

on April 12, 2006 pursuant to

section 498 of the Insurance Act.

1 The Replacement of Life Insurance Contracts Regulation

(AR 127/2001) is amended by this Regulation.

Section 13 is amended by striking out "May 1, 2006" and

substituting "April 30, 2016".

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

Alberta Regulation 96/2006

Insurance Act

MARKET CONDUCT AMENDMENT REGULATION

Filed: April 12, 2006

For information only: Made by the Lieutenant Governor in Council (O.C. 172/2006)

on April 12, 2006 pursuant to

section 511 of the Insurance Act.

1 The Market Conduct Regulation (AR 128/2001) is

amended by this Regulation.

2 The title is struck out and the following is substituted:

FAIR PRACTICES REGULATION

Section 1 is amended by striking out "(SA 1999 cI-5.1)".

Section 2 is amended

(

a) in clause (

a) by striking out "and";

(

b) by adding the following after clause (a):

(a.1) if the policy premium is a grid premium under the

Automobile Insurance Premiums Regulation

(AR 124/2004), notify the insured that the insured has

an option to repay the amount of the claim within 90

days of the claim being paid, and

Section 3 is amended by adding ", at the time of the

recommendation," after "writing".

Section 6 is amended by striking out "May 1, 2006" and

substituting "April 30, 2016".

7 The Fair Practices Regulation (AR 382/2003) is repealed.

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

Alberta Regulation 97/2006

Family Law Act

ALBERTA CHILD SUPPORT GUIDELINES AMENDMENT REGULATION

Filed: April 12, 2006

For information only: Made by the Lieutenant Governor in Council (O.C. 177/2006)

on April 12, 2006 pursuant to

section 107 of the Family Law Act.

1 The Alberta Child Support Guidelines (AR 147/2005) are

amended by this Regulation.

Section 3 is amended

(

a) in subsection (2) by striking out "the age of majority or

over, including a child who" and substituting "who is at

least 18 years of age but not older than 22 years of age and

who is unable to withdraw from his or her parents' charge

because he or she";

(

b) in subsection (4)(b)

(

i) by striking out "the other parent" and substituting

"the person seeking child support";

(ii) by adding "or for a variation order in respect of a

child support order" after "child support order".

Section 7 is amended by adding the following after

subsection (1):

(1.1) For the purposes of subsection (1)(

d) and (f), when the

person applying for child support is a parent of the child, the term

"extraordinary expenses" means

(

a) expenses that exceed those that the parent requesting an

amount for the extraordinary expenses can reasonably

cover, taking into account that parent's income and the

amount that the parent would receive under the

applicable table or, where the court has determined that

the table amount is inappropriate, the amount that the

court has otherwise determined is appropriate, or

(

b) where clause (

a) is not applicable, expenses that the

court considers are extraordinary taking into account

(

i) the amount of the expense in relation to the income

of the parent requesting the amount, including the

amount that the parent would receive under the

applicable table or, where the court has determined

that the table amount is inappropriate, the amount

that the court has otherwise determined is

appropriate,

(ii) the nature and number of the educational programs

and extracurricular activities,

(iii) any special needs and talents of the child or

children,

(iv) the overall cost of the programs and activities, and

(

v) any other similar factor that the court considers

relevant.

(1.2) For the purposes of subsection (1)(

d) and (f), when the

person applying for child support is not a parent but is another

person referred to in

section 50(1) of the Act, the term

"extraordinary expenses" means expenses that the court considers

are extraordinary taking into account

(

a) the amount the person applying for child support would

receive under the applicable table or, where the court

has determined that the table amount is inappropriate,

the amount that the court has otherwise determined is

appropriate,

(

b) the nature and number of the educational programs and

extracurricular activities,

(

c) any special needs and talents of the child or children,

(

d) the overall cost of the programs and activities, and

(

e) any other similar factor that the court considers relevant.

Section 17(2) is amended

(

a) by striking out "section 17" and substituting "section

16";

(

b) by striking out "sections 6 and 7" and substituting

"sections 7 and 8".

Section 20 is repealed and the following is substituted:

Non-resident

20(1) Subject to subsection (2), where a parent is not a resident of

Canada, the parent's annual income is determined as though the

parent were a resident of Canada.

(2) Where a parent is not a resident of Canada and resides in a

country that has effective rates o