Alberta Gazette — 15 April (ii)

0415 ii

Alberta — Gazette

Alberta Regulation 45/2004

Traffic Safety Act

OPERATOR LICENSING AND VEHICLE CONTROL

AMENDMENT REGULATION

Filed: March 16, 2004

Made by the Minister of Transportation (M.O. 8/04) on March 2, 2004 pursuant to

sections 64 and 116 of the Traffic Safety Act.

1 The Operator Licensing and Vehicle Control Regulation (AR

320/2002) is amended by this Regulation.

Section 1(

j) is repealed and the following is substituted:

(j) "for hire" with respect to a vehicle, means that the vehicle

owner or operator, or the operator's employer, is being paid

for the service that the vehicle is being used to provide, but

for the purposes of sections 23 and 25, a motor vehicle is not

"for hire" when the operator drives a private passenger

vehicle for the transportation of passengers on an incidental

or occasional basis and receives compensation in respect of

the transportation of those passengers only in one or more of

the following forms:

(

A) as payment for the kilometers travelled at a rate not

exceeding the limit of tax-exempt allowance paid by

employers to employees as prescribed in

section 7306

of the Income Tax Regulations of Canada (CRC

chapter

945);

(

B) as straight reimbursement for out-of-pocket expenses

directly related to the transportation, including, without

limitation, gas, parking, gate passes and tolls;

(

C) in a case where the operator is party to an agreement to

provide transportation to only the operator's family

members, members of the operator's household or

persons for whom the operator is a legal guardian, as

compensation only to provide transportation to those

persons;

Alberta Regulation 46/2004

Income and Employment Supports Act

RECOVERY REGULATION

Filed: March 16, 2004

Made by the Minister of Alberta Human Resources and Employment (M.O. 6/04) on

February 26, 2004 pursuant to

section 42(2) of the Income and Employment Supports

Act.

Recovery

1(1) The maximum deduction that the Director may make from

further assistance for which a person is eligible under the Act, the

Assured Income for the Severely Handicapped Act or any other

enactment or program under the Minister's responsibility, to recover

an amount owing under

section 38 of the Act, is 10% of

(

a) the core income support payments of the household unit,

(

b) assistance under the Assured Income for the Severely

Handicapped Act, or

(

c) assistance provided under any other enactment or program

under the Minister's responsibility.

(2) The Director may reduce the amount to be recovered to a

minimum of $1 per month.

Assistance

2 For the purposes of

section 35(1)(

a) of the Act, the assistance is

(

a) any supplementary income support payment,

(

b) any health or training benefits provided under

Part 2 of the

Act, or

(

c) any health benefit provided under the Assured Income for the

Severely Handicapped Act.

Expiry

3 For the purpose of ensuring that this Regulation is reviewed for

ongoing relevancy and necessity, with the option that it may be

repassed in its present or an amended form following a review, this

Regulation expires on March 31, 2010.

Coming into force

4 This Regulation comes into force on the day

Part 6 of the Income

and Employment Supports Act comes into force.

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

Alberta Regulation 47/2004

Local Authorities Election Act

EDMONTON ELECTION AMENDMENT REGULATION

Filed: March 17, 2004

Made by the Lieutenant Governor in Council (O.C. 101/2004) on March 17, 2004

pursuant to

section 160 of the Local Authorities Election Act.

1 The Edmonton Election Regulation (AR 92/2001) is

amended by this Regulation.

2 The following is added after

section 1:

Delegation of certain powers and duties by returning officer

1.1 The returning officer may delegate all or any of the powers

conferred and the duties imposed on the returning officer by the

Act to a deputy designated for that purpose, other than the duties

imposed by

section 14(1)(a), (b), (e), (

g) and (

h) of the Act.

Section 3 is repealed and the following is substituted:

Single ballot for all offices

3 Notwithstanding

section 42(1) of the Act, a single ballot card

may be used for all the offices referred to in that subsection.

Allowance of separate ballot boxes per ward

3.1(1) Notwithstanding

section 75(2) of the Act, the presiding

deputy may maintain

(

a) separate ballot boxes, covering all the elected

authorities, for each ward, or

(

b) one electronic ballot box, covering all the elected

authorities, for all the wards.

(2) In subsection (1)(b), "electronic ballot box" means a data

storage device that is approved by the returning officer as suitable

for the purpose of facilitating the counting of votes accurately by

electronic means in the election and, to the extent that provisions of

the Act deal with ballot boxes that have physical dimensions, those

provisions are to be treated as adapted, if possible, to the returning

officer's satisfaction, to take account of the electronic (rather than

physical) format of the ballot box and, if any provision is not

capable of adaptation to the electronic format, it is to be treated as

not existing for the purposes of the election.

Audio ballot system for blind electors in advance votes

3.2

Section 75 of the Act is to be treated as changed

(

a) in subsection (3) by deleting clauses (

a) and (

b) and

inserting the following exceptions instead:

(

c) a touch screen voting system approved by the

returning officer may be used with respect to

sighted electors, and

(d) subsections (4) to (7) apply with respect to electors

incapacitated by blindness.

(

b) by inserting the following after subsection (3):

(4) In subsections (5) to (7), "prescribed audio ballot

voting system" means the audio ballot feature option of the

electronic voting system, consisting of audio voting

instructions, confirmation of votes cast and

Braille-embossed voting buttons, that is in use by the City

of Edmonton in the format current at the time of the

advance vote.

(5) The deputy may use the prescribed audio ballot voting

system for a blind elector at an advance voting station,

instead of the voting method provided for in

section 78 of

the Act, provided that the requirements of subsections

(6) and (7) are met.

(6) The notice required by

section 74(1) of the Act must

include a statement that, in effect, the prescribed audio

ballot voting system will be available for the use of blind

electors in and only in the advance vote and at and only at

advance voting stations, and not at all on election day.

(7) If the prescribed audio ballot voting system is used,

there may be added to Form 12 of the Local Authorities

Election Forms Regulation (AR 378/2003) (prescribed with

reference to

section 76 of the Act) the following statement:

? I will be unable to vote independently without

using the prescribed audio ballot voting system.

(8) If the prescribed audio ballot voting system is used,

section 78 of the Act, to the extent that that

section applies

with regard to voting at an advance voting station by an

elector incapacitated by blindness, is deemed to read as

consisting only of subsections (5.1) and (6) of that

section

preceded by the following subsection:

Blind elector at advance voting station

78(2) The deputy shall not allow a blind elector to use

the prescribed audio ballot voting system at the advance

vote until the elector has made the prescribed statement.

Deadline for application for special ballot

3.3 Notwithstanding

section 77.1(2) of the Act, an application for

a special ballot may be made only up until 4:30 p.m. on election

day.

List of electors with special ballot forms

3.4 Notwithstanding

section 77.1(4) of the Act, the requirements

of that subsection are satisfied if

(

a) the deputy makes available the names and addresses

referred to in that subsection, or

(

b) the returning officer or deputy provides access to the

candidate or the candidate's agent, whether or not in the

voting substation, to a computerized web site that

(

i) is secure and accessible only on a password

protected basis, and

(ii) shows those names and addresses.

Recounting

3.5

Section 84(2) of the Act is to be treated as changed by

treating clause (c)(iv) as deleted where a touch screen voting

system or a prescribed audio ballot voting system referred to in

section 75(4) (as contained in

section 3.2) is used.

Alberta Regulation 48/2004

Municipal Government Act

PRINCIPLES AND CRITERIA FOR OFF-SITE LEVIES REGULATION

Filed: March 17, 2004

Made by the Lieutenant Governor in Council (O.C. 103/2004) on March 17, 2004

pursuant to

section 694 of the Municipal Government Act.

Definition

1 In this Regulation, "levy" means an off-site levy referred to in

section 2.

Application generally

2 A municipality, in establishing an off-site levy for the purposes of

Division 6 of

Part 17 of the Act, shall apply the principles and criteria

specified in

section 3.

Principles and criteria specifically

3(1) In determining the levy costs, the municipality is to retain the

flexibility to negotiate the levy in good faith and in a manner that

recognizes the unique or special circumstances of the municipality.

(2) There is to be full and open disclosure of all levy costs and

payments.

(3) There is a shared responsibility between the municipality and

developers for addressing and defining existing and future

infrastructure requirements and all beneficiaries of development are to

be given the opportunity to participate in the cost of providing and

installing infrastructure in the municipality on an equitable basis

related to the degree of benefit.

(4) Where necessary and practicable, the municipality is to coordinate

infrastructure provisions and services with neighbouring

municipalities.

(5) There is to be a correlation between the levy and the impacts of

new development.

(6) The methodology for determining the levy is to be consistent

across the municipality, while recognizing variations among

infrastructure types.

(7) The method of calculation for the levy is to be clear.

(8) The information used to calculate the levy is to be kept current.

(9) The calculation of the levy is to include, but is not limited to,

(

a) a description of the specific infrastructure facilities,

(

b) a description of the benefiting areas,

(

c) supporting technical data and analysis, and

(

d) estimated costs and mechanisms to address cost increases

over time.

(10) Calculation of the levy is to be determined in consultation with

affected landowners and developers.

(11) The levy is subject to annual reporting requirements.

Expiry

4 For the purpose of ensuring that this Regulation is reviewed for

ongoing relevancy and necessity, with the option that it may be

repassed in its present or an amended form following a review, this

Regulation expires on March 31, 2011.

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

Alberta Regulation 49/2004

Government Organization Act

CALGARY RESTRICTED DEVELOPMENT AREA

AMENDMENT REGULATION

Filed: March 17, 2004

Made by the Lieutenant Governor in Council (O.C. 106/2004) on March 17, 2004

pursuant to

Schedule 5,

section 4 of the Government Organization Act.

1 The Calgary Restricted Development Area Regulations

(AR 212/76) are amended by this Regulation.

Section 4(2) is amended by striking out "is lively to cause"

and substituting "is likely to cause".

Schedule A, Transportation/Utility Corridor, describing

land located in Township 24, Range 2, West of the Fifth

Meridian, is amended by striking out

Sections 32 and 33 - Plans 9010214 showing survey for descriptive

purposes of a right-of-way for a

Transportation/Utility Corridor and Plan

and substituting

Sections 32 and 33 - Plans 9010214 and 0313106 showing survey

for descriptive purposes of a right-of-way for

a Transportation/Utility Corridor and Plan

Schedule A, Transportation/Utility Corridor, describing

land located in Township 25, Range 1, West of the Fifth

Meridian, is amended

(

a) by striking out

Section 33 - Plan 8910854 showing survey for

descriptive purposes of a right-of-way

for a Transportation/Utility Corridor

and substituting

Section 33 - Plan 8910854 showing survey for

descriptive purposes of a right-of-way

for a Transportation/Utility Corridor

EXCEPTING THEREOUT

Plan 0312879

(

b) by striking out

Section 34 - Plan 8910854 showing survey for

descriptive purposes of a right-of-way

for a Transportation/Utility Corridor

EXCEPTING THEREOUT

Plan 0310857

and substituting

Section 34 - Plans 8910854 and 0312800 showing

survey for descriptive purposes of a

right-of-way for a Transportation/Utility

Corridor

EXCEPTING THEREOUT

Plan 0310857

Schedule A, Transportation/Utility Corridor, describing

land located in Township 25, Range 2, West of the Fifth

Meridian, is amended by striking out

Sections 24 and 25 - Plan 8911266 showing survey for descriptive

purposes of a right-of-way for a

Transportation/Utility Corridor

EXCEPTING THEREOUT

Plan 9612422 within the north half of

section

and substituting

Sections 24 and 25 - Plan 8911266 showing survey for descriptive

purposes of a right-of-way for a

Transportation/Utility Corridor and that

portion of Block 1 in the north-east and

north-west quarter of

section 24 on Plan

8311619 which lies north of the

Transportation/Utility Corridor right-of-way

on Plan 8911266

EXCEPTING THEREOUT

Plan 9612422 within the north half of

section

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

Alberta Regulation 50/2004

Post-secondary Learning Act

ATHABASCA UNIVERSITY REGULATION

Filed: March 17, 2004

Made by the Lieutenant Governor in Council (O.C. 111/2004) on March 17, 2004

pursuant to sections 33, 34 and 35 of the Post-secondary Learning Act.

Definitions

The Athabasca University Governing Council

2 Continuation of governing council

3 Composition

4 Term of office and vacancy

5 Termination

6 Powers and duties

7 Degree granting ceremonies

8 Sections not applicable

The Athabasca University Academic Council

9 Continuation of academic council

10 Composition

11 Term of office

12 Vacancy

13 Powers and duties

14 Additional powers and duties

Repeal, Expiry and Coming into Force

15 Repeal

16 Expiry

17 Coming into force

Definitions

1 In this Regulation,

(a) "academic council" means The Athabasca University

Academic Council established under

section 9 of this

Regulation;

(b) "Act" means the Post-secondary Learning Act;

established under

section 3 of the Act or under the

corresponding provision of a predecessor to the Act;

(d) "governing council" means The Athabasca University

Governing Council continued under

section 2 of this

Regulation;

(e) "student" means a person enrolled at Athabasca University;

(f) "tutor" means a part-time employee of the governing council

who provides tutorial services to students.

The Athabasca University Governing Council

Continuation of governing council

2 The corporation with the name "The Athabasca University

Governing Council" is continued as the governing authority of

Athabasca University.

Composition

3(1) The governing council consists of the following members:

(

a) a person appointed by the Lieutenant Governor in Council as

chair of the governing council;

(

b) the president of Athabasca University;

(

c) the following members appointed by the Minister:

(i) 2 members of the academic staff of Athabasca

University, one nominated by the academic council and

one nominated by the academic staff association;

(ii) one member of the non-academic staff of Athabasca

University nominated by the non-academic staff;

(iii) one tutor nominated by the organization representing

tutors;

(iv) 2 students nominated by the council of the students

association;

(

v) one graduate student nominated by the graduate

students;

(

d) not more than 8 members representative of the general public

appointed by the Lieutenant Governor in Council.

(2) In addition to the members of the governing council referred to in

subsection (1),

(

a) the Minister may appoint as a member of the governing

council one person who is an alumnus of Athabasca

University and who is named in a resolution of the governing

council requesting the appointment;

(

b) the Lieutenant Governor in Council may appoint up to 2

members representative of the general public if requested to

do so by a resolution of the governing council.

(3) Notwithstanding subsection (1), a person who is a member of the

governing council at the time this Regulation comes into force

continues to hold office until the member's term expires and may be

reappointed in accordance with this Regulation.

Term of office and vacancy

4(1) A person appointed as a member of the governing council under

section 3(1)(a), (

c) or (

d) or (2)

(

a) holds office for a term not exceeding 3 years as set out in the

appointment, and

(

b) continues to hold office after the expiry of the person's term

of office until the person is reappointed, a successor is

appointed or a period of 3 months has elapsed, whichever

occurs first.

(2) A member of the governing council appointed under

section

3(1)(

c) or (

d) or (2) is eligible for reappointment for a 2nd term, but

not for a further term until a period of 3 years following the member's

2nd term has expired.

(3) Notwithstanding subsection (2),

(

a) the chair is always eligible for reappointment on the

conclusion of the chair's term of office, and

(

b) an appointed member of the governing council is eligible for

appointment as chair though the member has, at the time of

the member's appointment, concluded 2 terms as a member

of the governing council.

(4) Where the governing council advises the Minister that a member

appointed under

section 3(1)(

c) or (2)(

a) is for any reason no longer

capable of acting as a member or of fulfilling the duties of a member,

the Minister may terminate the appointment of the member.

(5) Where the governing council advises the Lieutenant Governor in

Council that a member appointed under

section 3(1)(

a) or (

d) or (2)(

b) is for any reason no longer capable of acting as a member or of

fulfilling the duties of a member, the Lieutenant Governor in Council

may terminate the appointment of the member.

(6) The Minister or the Lieutenant Governor in Council, as the case

may be, may fill a vacancy on the governing council by appointing a

person as a member to serve the balance of the unexpired term of

office of the former member and an appointment for such service is not

considered a term of office for the purposes of subsection (2).

Termination

5(1) The term of office of a member of the governing council

terminates when

(

a) in the case of a person appointed under

section 3(1)(c)(iv) or

(v), that person ceases to be a student or graduate student,

respectively;

(

b) in the case of a person who is a member of the non-academic

staff, that person ceases to be a member of the non-academic

staff;

(

c) in the case of a person who is a member of the academic

staff, that person ceases to be a member of the academic

staff;

(

d) in the case of a person who is a tutor, that person ceases to be

a member of the tutorial staff.

(2) If a person resigns from membership on the governing council, the

person's appointment as a member of the governing council terminates

on the effective date specified in the resignation or, if no effective date

is specified, on the date the governing council receives the resignation.

Powers and duties

6 The governing council is empowered to exercise the powers and

perform the duties of a board under the Act.

Degree granting ceremonies

7 The chair of the governing council shall preside over all

degree-granting ceremonies of Athabasca University and shall confer

all honorary degrees.

Sections not applicable

8 Except as provided for in sections 6 and 7 of this Regulation,

sections 6 to 15, 16(3), 23 to 25, 27, 28, 29(2), 30(a), 56 and 57 of the

Act do not apply to Athabasca University.

The Athabasca University Academic Council

Continuation of academic council

9 A body with the name "The Athabasca University Academic

Council" is established pursuant to

section 34 of the Act.

Composition

10(1) The academic council consists of the following members:

(

a) the president of Athabasca University, who is the chair;

(

b) the vice-president (academic) of Athabasca University, who

is the vice-chair;

(

c) the associate vice-president (academic) of Athabasca

University;

(

d) the registrar;

(

e) the director of library services;

(

f) one person appointed by the governing council from among

its own members who are appointed by the Lieutenant

Governor in Council under

section 3(1)(

d) or (2)(b);

(

g) the following members appointed by The Athabasca

University Academic Council:

(

i) one member of the academic staff for each academic

centre, nominated by the respective academic centre;

(ii) 3 members of the academic staff nominated by the

academic staff;

(iii) one tutor nominated by the organization representing

tutors;

(iv) one student nominated by the students association;

(

v) one graduate student nominated by the graduate

students;

(vi) 2 members, each nominated by the professional staff or

the excluded professional staff, or both;

(vii) one person who is an alumnus of Athabasca University

nominated by the Athabasca University Alumni

Association.

(2) Notwithstanding subsection (1), a person who is a member of the

academic council at the time this Regulation comes into force

continues to hold office until the member's term expires and may be

reappointed in accordance with this Regulation.

Term of office

11 A person appointed as a member of the academic council under

section 10(1)(

f) or (g)

(

a) holds office for a term not exceeding 2 years as set out in the

appointment, and

(

b) continues to hold office after the expiry of the person's term

of office until the person is reappointed, a successor is

appointed or a period of 3 months has elapsed, whichever

occurs first.

Vacancy

12 A vacancy on the academic council may be filled by the

appointment, in accordance with the following, of a person as a

member to serve the balance of the unexpired term of office of the

former member and an appointment for such service is not considered

a term of office for the purposes of

section 11:

(

a) where the former member was appointed under

section

10(1)(f), the appointment of the person to fill the vacancy

must be made in accordance with

section 10(1)(f);

(

b) where the former member was appointed under

section

10(1)(g), the person who is appointed to fill the vacancy must

be appointed from a person or persons who are nominated by

the same body that nominated the former member.

Powers and duties

13 The academic council is empowered to exercise the powers and

perform the duties of a general facilities council under the Act.

Additional powers and duties

14(1) Subject to the authority of the governing council, the academic

council is responsible for the academic affairs of Athabasca University

and in particular, without restricting the generality of the foregoing, the

academic council is authorized to

(

a) recommend to the governing council the establishment of

program areas, faculties, schools, departments, centres, chairs

and courses of instruction at Athabasca University in any

subject that the academic council thinks fit;

(

b) provide for the granting and conferring, at the graduate and

undergraduate level, of certificates, degrees, diplomas and

other credentials that may be established from time to time,

and student awards and scholarships;

(

c) determine the programs of study in any branch of learning or

instruction in which a program area is established;

(

d) appoint the examiners for examinations in a program area,

conduct the examinations, and determine the results of the

examinations;

(

e) determine the conditions under which a student must

withdraw from or may continue a program of studies in a

program area;

(

f) determine all courses of study that are not part of a program

area and that are to be offered by Athabasca University for

credit toward the requirements for any certificate, degree,

diploma or other credential;

(

g) determine the general specifications and requirements for all

courses and other instruction in each program area;

(

h) hear and determine appeals from the academic decisions of

Athabasca University officers or agencies on application,

request or petition by students and others;

(

i) consider all matters submitted to it by any program area and

communicate its opinion or action on that matter to the

program area.

(2) The academic council shall establish its own operating procedures.

(3) The academic council may require any information and reports

that it considers necessary in the pursuit of its role and responsibilities.

(4) The academic council may establish any subcommittees it deems

necessary and may delegate its authority only to a subcommittee,

group or person.

Repeal, Expiry and Coming into Force

Repeal

15 The Athabasca University Regulation (Order in Council No.

434/78) is repealed.

Expiry

16 For the purpose of ensuring that this Regulation is reviewed for

ongoing relevancy and necessity, with the option that it may be

repassed in its present or an amended form following a review, this

Regulation expires on January 31, 2011.

Coming into force

17 This Regulation comes into force on the date on which

section

124 of the Act comes into force.

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

Alberta Regulation 51/2004

Post-secondary Learning Act

APPROVAL OF PROGRAMS OF STUDY REGULATION

Filed: March 17, 2004

Made by the Lieutenant Governor in Council (O.C. 112/2004) on March 17, 2004

pursuant to sections 45, 105, 106, 109 and 124 of the Post-secondary Learning Act.

Definitions

Approval of Programs of Study

2 Power to approve proposal re program of study

Approval of Degree Programs

and Review by Council

3 Referral to Council of degree program

4 Council review of degree program

5 Approval of degree program

6 Approval of degree program by Lieutenant Governor in Council

7 Duty to establish conditions and standards

Monitoring Role of Council

8 Obtaining reports and advice

9 Duty to ensure compliance

10 Recommendation to rescind approval

11 Order of Lieutenant Governor in Council

Other Programs

12 Programs under s45(2) of Act

13 Degree in divinity

14 Non-resident institutions

Expiry and Coming into Force

15 Expiry

16 Coming into force

Definitions

1 In this Regulation,

(a) "Act" means the Post-secondary Learning Act;

(b) "Council" means the Campus Alberta Quality Council

established under the Act;

granting of a degree.

Approval of Programs of Study

Power to approve proposal re program of study

2 The Minister may approve any proposal to establish, extend,

expand, reduce, terminate or transfer a program of study offered or to

be offered by the board of a public post-secondary institution.

Approval of Degree Programs

and Review by Council

Referral to Council of degree program

3 The Minister may refer to the Council any proposed degree

program that an institution proposes to offer in Alberta.

Council review of degree program

4(1) The Council must review any degree program referred to it under

section 3 to determine

(

a) if the institution that proposes to offer the degree program

meets the minimum organizational conditions as established

by the Council for the offering of the program, and

(

b) if the proposed degree program meets the standards of

quality as established by the Council.

(2) Where the Council determines that the institution meets the

required conditions and that the proposed degree program meets the

required standards of quality, the Council must recommend to the

Minister that the degree program be approved.

(3) Where the Council determines that the institution does not meet

the required conditions or that the proposed degree program does not

meet the required standards of quality, or both, the Council may

recommend to the Minister that the degree program not be approved.

Approval of degree program

5 On receiving a recommendation under

section 4,

(

a) relating to a degree program that a private institution

proposes to offer, the Minister may recommend to the

Lieutenant Governor in Council that an order be made under

section 6, or

(

b) relating to a degree program that a public post-secondary

institution proposes to offer, the Minister may approve the

proposed degree program.

Approval of degree program by Lieutenant Governor in Council

6 On the recommendation of the Minister under

section 5(a), the

Lieutenant Governor in Council may by order

(

a) approve a proposed degree program, and

(

b) designate the private institution proposing to offer the

approved degree program as an institution that may grant

degrees in respect of the approved degree program.

Duty to establish conditions and standards

7 In order to carry out its functions under this Regulation, the Council

shall

(

a) establish the minimum organizational conditions referred to

section 4(1)(a), and

(

b) establish the standards of quality referred to in

section

4(1)(b).

Monitoring Role of Council

Obtaining reports and advice

8 Where

(

a) a degree program has been approved by the Private Colleges

Accreditation Board,

(

b) a degree program has been approved by the Minister for a

public post-secondary institution, or

(

c) the Minister requests it,

the Council may

(

d) require a report from the governing body of a public

post-secondary institution or a private institution on any

matter relating to a proposed or approved degree program

offered or to be offered by the institution, and

(

e) appoint persons to provide advice and recommendations

relating to the review and evaluation by the Council of a

degree program under

section 4 or 9.

Duty to ensure compliance

9 The Council may, on the referral to it of a matter by the Minister

relating to an approved or proposed degree program or at any time on

its own initiative, review and monitor any degree program to ensure

compliance with the conditions and standards established under

section

Recommendation to rescind approval

10(1) Where the Council determines

(

a) that an institution no longer meets the minimum

organizational requirements referred to in

section 7(a), or

(

b) that an approved degree program that is being offered by an

institution no longer meets the standards of quality referred

to in

section 7(b),

the Council may

(

c) if the degree program is being offered by a private institution,

recommend to the Minister that an order made under

section

6 be rescinded, or

(

d) if the degree program is being offered by a public

post-secondary institution, recommend to the Minister that

the program be terminated.

(2) On receiving a recommendation of the Council under subsection

(1)(

c) or where the Minister has reason to believe that a private

institution has discontinued the offering of an approved degree

program, the Minister may recommend to the Lieutenant Governor in

Council that an order made under

section 6 be rescinded.

(3) On receiving a recommendation of the Council under subsection

(1)(d), the Minister may terminate the degree program.

Order of Lieutenant Governor in Council

11 On the recommendation of the Minister under

section 10(1)(c),

the Lieutenant Governor in Council may by order rescind an order

made under

section 6.

Other Programs

Programs under s45(2) of Act

12 For the purposes of

section 45(2) of the Act, the board of a

vocational college must provide the following programs:

(

a) academic upgrading programs;

(

b) career entry programs with a duration of one year or less;

program.

Degree in divinity

13(1)

Section 106(1) of the Act does not apply in respect of a degree

in divinity that, in the opinion of the Minister, primarily prepares

students for service in the work of a religious group.

(2) A degree in divinity must be given a name that distinguishes it

from an academic degree that is granted by an institution and has been

approved under the Act.

Non-resident institutions

14(1) An institution that is resident outside Alberta must submit to the

Minister in the form required by the Minister a proposal to offer degree

programs in Alberta.

(2) The institution and any degree program that the institution

proposes to offer in Alberta must be approved in accordance with the

provisions of this Regulation that relate to the approval of degree

programs.

Expiry and Coming into Force

Expiry

15 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 January 31, 2011.

Coming into force

16 This Regulation comes into force on the date on which

section

124 of the Act comes into force.

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

Alberta Regulation 52/2004

Post-secondary Learning Act

PENSION VALIDATION REGULATION

Filed: March 17, 2004

Made by the Lieutenant Governor in Council (O.C. 113/2004) on March 17, 2004

pursuant to sections 69 and 124 of the Post-secondary Learning Act.

1 In this Regulation, "Act" means the Post-secondary Learning Act.

2 For the purposes of

section 69(3) of the Act, the following are the

pensions validated by that section:

(

a) the pension plan approved by the Senior Compensation

Committee on behalf of The Governors of The University of

Calgary on February 14, 2003;

(

b) the pension plan approved by the Senior Compensation

Committee on behalf of The Governors of The University of

Calgary on November 26, 1999;

(

c) the pension plan approved by the Senior Compensation

Committee on behalf of The Governors of The University of

Calgary on May 8, 1998;

(

d) the pension plan approved by The Board of Governors of

Fairview College by resolution dated January 17, 2002;

(

e) the pension plan approved by the chair on behalf of The

Board of Governors of Fairview College on July 16, 1987;

(

f) the pension plan approved by the Executive Committee on

behalf of the Board of Governors of the Southern Alberta

Institute of Technology on November 24, 2003;

(

g) the pension plan approved by the Governance and Priorities

Committee on behalf of the Board of Governors of the

Southern Alberta Institute of Technology on September 18,

2001;

(

h) the pension plan approved by the Compensation Committee

on behalf of The Board of Governors of Mount Royal

College on May 27, 2002;

(

i) the pension plan approved by Compensation Committee on

behalf of The Board of Governors of Mount Royal College

on December 13, 1999;

(

j) the pension plan approved by the chair on behalf of The

Board of Governors of Alberta College of Art and Design on

February 11, 1999;

(

k) the pension plan approved by The Governors of the

University of Alberta by resolutions dated May 2, 1997 and

June 25, 1999;

(

l) the pension plan approved by The Governors of the

University of Alberta by resolution dated March 14, 2003.

3 This Regulation comes into force on the date on which

section 124

of the Act comes into force.

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

Alberta Regulation 53/2004

Post-secondary Learning Act

MODEL PROVISIONS REGULATION

Filed: March 17, 2004

Made by the Lieutenant Governor in Council (O.C. 114/2004) on March 17, 2004

pursuant to sections 87, 88, 92, 96 and 124 of the Post-secondary Learning Act.

1 Definition

Rights Dispute Resolution

2 Deemed provisions re rights dispute

Interest Dispute Resolution

3 Deemed provisions re interest dispute

4 Dispute re first agreement

General Provisions

5 Arbitration Act not to apply

6 Expiry

7 Coming into force

Definition

1 In this Regulation, "Act" means the Post-secondary Learning Act.

Rights Dispute Resolution

Deemed provisions re rights dispute

2 Where an agreement referred to in

section 87(1) or 96(2) of the Act

does not contain procedures respecting the settlement of differences

between parties arising from the

interpretation, application or operation

of an agreement, as the case may be, as contemplated by

section

87(3)(b), (4)(

e) or (5)(

d) or

section 96(3)(b), the agreement is deemed

to contain those of the following provisions in respect of which it is

silent:

(

a) if a difference arises as to the

interpretation, application,

operation or contravention or alleged contravention of this

agreement or as to whether that difference can be the subject

of arbitration, the parties agree to meet and attempt to resolve

the difference;

(

b) if the parties to this agreement are unable to resolve a

difference referred to in clause (a), either party may notify

the other in writing of its desire to submit the difference to

arbitration;

(

c) the notice referred to in clause (

b) must

(

i) contain a statement of the difference, and

(ii) specify the name of a person or a list of names of

persons whom the party submitting the notice is willing

to accept as the single arbitrator;

(

d) on receipt of a notice referred to in clause (b), the party

receiving the notice,

(

i) if it accepts the person or one of the persons suggested

to act as arbitrator, shall, within 7 days, notify the other

party accordingly and the difference must be submitted

to the arbitrator, or

(ii) if it does not accept any of the persons suggested to act

as arbitrator, shall, within 7 days, notify the other party

accordingly and send the name of a person or a list of

names of persons it is willing to accept as the single

arbitrator;

(

e) if the parties are unable to agree on a person to act as the

single arbitrator, either party may, in writing, request that the

Minister appoint a single arbitrator;

(

f) the arbitrator may, during the arbitration, proceed in the

absence of any party or person who, after notice, fails to

attend or fails to obtain an adjournment;

(

g) the arbitrator shall inquire into the difference and issue an

award in writing, and the award is final and binding on the

parties and on every employee affected by it;

(

h) the parties agree to share equally the expenses of the

arbitrator;

(

i) except as permitted under clause (j), the arbitrator shall not

alter, amend or change the terms or conditions of this

agreement;

(

j) if the arbitrator by the arbitrator's award determines that an

employee has been discharged or otherwise disciplined by an

employer for cause and this agreement does not contain a

specific penalty for the infraction that is the subject of the

arbitration, the arbitrator may substitute any penalty for the

discharge or discipline that the arbitrator considers just and

reasonable in all the circumstances.

Interest Dispute Resolution

Deemed provisions re interest dispute

3 Where a dispute arises between a board and an academic staff

association or between a board and a graduate students association in

connection with the entering into, renewing or revising of an

agreement or any part of an agreement referred to in

section 87(1) or

96(2) of the Act, and the agreement does not contain procedures

necessary to resolve the dispute by compulsory binding arbitration, as

contemplated by

section 87(4)(g), (5)(

e) or (7) or

section 96(3)(c), the

agreement is deemed to contain those of the following provisions in

respect of which it is silent:

(

a) either party to this agreement may notify the other party that

it intends to submit outstanding matters to compulsory

binding arbitration;

(

b) within 7 days of a party being notified under clause (a), the

parties to this agreement shall meet for the purpose of

choosing an arbitrator, and if the parties are unable to agree

on a person to act as the single arbitrator, either party may, in

writing, request that the Minister appoint a single arbitrator;

(

c) when an arbitrator has been selected pursuant to clause (b),

the arbitrator shall require the parties to submit to the

arbitrator within 10 days a document that identifies the

matters in dispute;

(

d) no person shall be appointed as an arbitrator if the person is

directly affected by the dispute or has been involved in an

attempt to negotiate or settle the dispute;

(

e) the arbitrator shall determine the procedure to resolve the

matters in dispute and

(

i) may accept any oral or written evidence that the

arbitrator considers proper, whether admissible in a

court of law or not,

(ii) is not bound by the laws of evidence applicable to

judicial proceedings,

(iii) may in any proceeding, award or decision correct any

clerical mistake, error or omission,

(iv) may administer an oath to a person appearing before the

arbitrator,

(

v) may summon and enforce the attendance of witnesses in

the same manner as a court of record in civil cases, and

(vi) may require any person to attend and produce any

documents and things the arbitrator considers necessary

for the purpose of resolving the matters in dispute;

(

f) the parties shall share equally the fees and expenses of the

arbitrator;

(

g) the arbitrator shall issue an award with respect to the matters

in dispute and the award is binding on

(

i) the board and the academic staff association or graduate

students association, as the case may be, and

(ii) the academic staff members or the graduate students

who are bound by the agreement and who are affected

by the award;

(

h) the arbitrator shall make an award within 30 days of the

conclusion of proceedings before the arbitrator;

(

i) any time limit set out in clauses (

a) to (

h) may be extended

by the mutual agreement of the parties to this agreement.

Dispute re first agreement

4 The provisions of

section 3 apply to the resolution of any dispute

between a board and an academic staff association or graduate students

association that arises out of the negotiation of the first agreement

between the board and the academic staff association or graduate

students association.

General Provisions

Arbitration Act not to apply

5 The Arbitration Act does not apply to a compulsory arbitration

under the Act or this Regulation or any award resulting from it.

Expiry

6 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 January 31, 2011.

Coming into force

7 This Regulation comes into force on the date on which

section 124

of the Act comes into force.

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

Alberta Regulation 54/2004

Post-secondary Learning Act

LONG-RANGE PLANS AND COMMERCIAL PURPOSE

DEFINITION REGULATION

Filed: March 17, 2004

Made by the Lieutenant Governor in Council (O.C. 115/2004) on March 17, 2004

pursuant to sections 121 and 124 of the Post-secondary Learning Act.

Definitions

2 Primarily commercial purposes defined

Long-range Plans and Community Involvement

3 Preparing long-range plans

4 Consultation when preparing proposed plan

5 Review of proposed plans

6 Access to confirmed plans

7 Confirmed amendments to plans

8 Development must be in accordance with confirmed plan

9 Comments on proposed development

10 Notification concerns

Transitional Matters, Expiry and Coming into Force

11 Existing developments unaffected

12 Expiry

13 Coming into force

Definitions

1 In this Regulation,

(a) "Act" means the Post-secondary Learning Act;

(b) "confirmed plan" means a long-range plan and any

amendment made to it, the contents of which the Minister

confirms under

section 5(2)(

a) comply with this Regulation;

in which university land is located;

(d) "long-range plan" means a long-range development and land

use plan that complies with

section 3;

(e) "notification area" means an area within 60 metres of a

proposed development to which the Municipal Government

Act does not apply;

(f) "university board" means the board of governors of a

university;

(g) "university land" means land that is owned by or leased to a

university board, other than land used for primarily

commercial purposes.

Primarily commercial purposes defined

2 For the purposes of

section 121(5) of the Act and this Regulation,

"primarily commercial purposes" means purposes that do not include

or are not intended to include, in whole or in part, the advancement or

support of the educational, research or ancillary needs of

(

a) a university,

(

b) the academic staff or non-academic staff of a university, or

(

c) the students of a university.

Long-range Plans and

Community Involvement

Preparing long-range plans

3(1) At the time or times directed by the Minister, a university board

must prepare and send to the Minister a proposed long-range plan for

university land.

(2) The proposed plan must describe university land in graphic form,

with an accompanying text describing, in general terms, the current

and any future substantial development proposed for university land.

(3) The proposed plan must include, with respect to any substantial

development proposed to be undertaken on university land,

(

a) a description of the protocols that the university board will

follow to notify owners of land within the relevant

notification area, and the host municipality, of a proposed

substantial development,

(

b) how any comments and suggestions made by the owners and

the host municipality are to be communicated to the

university board, and

(

c) a description of the process the university board will use to

respond to comments and suggestions received from the

owners and the host municipality about the proposed

substantial development.

(4) The proposed long-range plan may include notification protocols

that must be followed if an amendment to a confirmed long-range plan

is required to permit a specific development, which must include

protocols for the amendment process dealing with the matters referred

to in subsection (3)(

a) to (c).

(5) The university board must maintain a record of the comments and

suggestions it receives about its proposed long-range plan and its

response, both of which must be provided to the Minister if the

Minister so requests.

Consultation when preparing proposed plan

4(1) Before sending its proposed long-range plan to the Minister, the

university board must provide

(

a) the owners of land within 60 metres of university land, and

(

b) the host municipality

with a reasonable opportunity to review the proposed plan and

communicate with the university board about the proposals in it.

(2) The university board must advertise in a newspaper circulating in

the area or areas in which university land is located notifying the

public of its opportunity to view the proposed long-range plan and

make comments about it.

(3) After considering any comments and suggestions received by it,

the university board may amend the plan before sending it to the

Minister.

Review of proposed plans

5(1) On receipt of a proposed long-range plan, the Minister must

review it to ensure that its contents comply with this Regulation.

(2) The Minister may

(

a) confirm to the university board that the contents of the

proposed long-range plan comply with this Regulation, or

(

b) return the proposed plan to the university board with

recommendations for change or further consideration.

(3) As soon as the university board has considered the Minister's

recommendations, the university board must send the proposed plan to

the Minister for further review under subsection (1).

Access to confirmed plans

6 The university board must

(

a) send to the host municipality a copy of its confirmed

long-range plan, and

(

b) make copies of the confirmed plan readily available for

public inspection.

Confirmed amendments to plans

7(1) Subject to subsection (3), a university board may amend its

confirmed long-range plan by

(

a) following the process described in

section 4, and

(

b) sending a copy of the proposed amendment to the Minister

for review and confirmation under

section 5(2)(

a) that the

contents of the amendment comply with this Regulation.

(2) An amendment to a long-range plan referred to in subsection

(1) does not come into effect until it has been confirmed by the Minister.

(3) Subsections (1) and (2) do not apply to amendments to a

confirmed plan referred to in

section 3(4), but a copy of those

amendments must be sent to the Minister and the host municipality as

soon as possible after they are adopted.

Development must be in accordance with confirmed plan

8 A development on university land must occur or be undertaken in

accordance with the university board's confirmed long-range plan.

Comments on proposed development

9 In proceeding with a proposed development, a university board

must consider, but is not bound by, the comments and suggestions

received in response to the notification protocols established in its

confirmed long-range plan.

Notification concerns

10(1) An owner of land in the relevant notification area directly

affected by a proposed substantial development or an owner of land in

the notification area affected by an amendment proposed under

section

3(4), as the case may be, may, by notice in writing, request the

Minister to review the notification process used by the university board

if that person considers that the university board has not complied with

the notification protocols described in its confirmed long-range plan.

(2) On application under subsection (1), the Minister may

(

a) request that information or further information be provided,

(

b) request written submissions from any person, and

(

c) compare the process undertaken by the university board with

the notification protocols described in its confirmed

long-range plan.

(3) On completion of the review the Minister may, if the Minister

considers that the process followed by the university board

(

a) was not in substantial compliance with the notification

protocols described in the confirmed long-range plan, direct,

with or without recommendations, that a process be

undertaken or repeated, or

(

b) was in substantial compliance with the notification protocols

described in the confirmed long-range plan, confirm that the

process undertaken by the university board was satisfactory.

Transitional Matters, Expiry and

Coming into Force

Existing developments unaffected

11 Nothing in this Regulation affects a development that exists or

was commenced before this Regulation comes into force.

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 January 31, 2011.

Coming into force

13(1) Subject to subsection (2), this Regulation comes into force on

the date on which

section 124 of the Act comes into force.

(2) Section 8 comes into force on March 1, 2005.

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

Alberta Regulation 55/2004

Post-secondary Learning Act

PUBLIC POST-SECONDARY INSTITUTIONS' TUITION

FEES REGULATION

Filed: March 17, 2004

Made by the Lieutenant Governor in Council (O.C. 116/2004) on March 17, 2004

pursuant to

section 124 of the Post-secondary Learning Act.

Definitions

Definitions for Act purposes, etc.

3 Application

4 Surcharge for foreign students

5 Fee increases

6 Consultations

7 Publication of information

8 2003-2004 and 2004-2005 academic years

9 Repeals

10 Expiry

11 Coming into force

Definitions

1 In this Regulation,

(a) "academic year" means the academic year of the institution,

as set or confirmed by notice in writing given by the Minister

to the institution;

(b) "Act" means the Post-secondary Learning Act;

under and within the meaning of the Apprenticeship and

Industry Training Act;

(d) "board" means the board of governors of the institution;

(e) "Department" means the Department of the Government that

is administered by the Minister;

(f) "distance delivery program" means a program of study in

which

(

i) all or most of the courses are delivered away from any

permanent campus of the institution, and

(ii) the individuals undertaking the courses are not in direct

contact with each other or with the instructor on a

regular basis for all or most of the courses;

(g) "exempted individuals" means individuals to whom this

Regulation does not apply by virtue of

section 3;

(h) "exempted programs of study" means programs of study to

which this Regulation does not apply by virtue of

section 3;

(i) "fiscal year" means the fiscal year of the institution;

(j) "following year" means the following year referred to in

section 61(2)(

b) of the Act;

(k) "institution" means the public post-secondary institution,

other than Banff Centre, in question;

(l) "off-campus cost recovery instruction" means instruction

(

i) that is wholly or predominantly delivered away from

any permanent campus of the institution, and

(ii) for which no Department funding is provided;

(m) "program" means a program of study other than an exempted

program of study;

(n) "students" does not include exempted individuals;

(o) "students' council" means the council of a student

organization;

(p) "third party contract" means a contract between a third party

and a board for the delivery of a program to the clients of the

third party with the third party funding the total cost for the

delivery of the program to its clients.

Definitions for Act purposes, etc.

2 For the purposes of the Act and this Regulation,

(a) "Alberta Consumer Price Index" means the percentage

amount, to one decimal point, obtained by taking the

difference between the most current month of June consumer

price index for Alberta and the previous year's month of June

consumer price index for Alberta, as published by Statistics

Canada, and dividing that amount by the previous year's

month of June consumer price index for Alberta, and

adjusting the result to a percentage basis;

(b) "net operating expenditures" means those expenditures that

the Minister calculates and determines to be the total

operating expenses reported in the institution's audited

financial statements adjusted, however, to exclude those of

the following expenses whose exclusion the Minister

considers to be justified, namely

(

i) expenses for

(

A) off-campus cost recovery instruction where the

instruction is not funded by the Department,

(

B) third party contracts, and

(

C) exempted programs of study and individuals,

(ii) expenses associated with the delivery of instructional

activities not approved by the Minister,

(iii) expenses for ancillary services,

(iv) expenses associated with sponsored research activities,

and

(

v) expenses for activities that are not related to the delivery

of programs;

Minister calculates and determines to be the total revenues

that derive from tuition fees, based on the institution's

audited financial statements, adjusted, however, to exclude

those of the following revenues whose exclusion the Minister

considers to be justified, namely

(

i) differential fees imposed on relevant students by reason

of their not being Canadian citizens or permanent

residents of Canada, and

(ii) fees from exempted programs of study and individuals;

(d) "tuition fees" means, except for

section 8 of this Regulation,

(

i) fees identified in the institution's calendar or in a

supplement to its calendar as tuition fees or fees for

instruction for programs, and

(ii) fees that are payable to complete programs, are

approved by the board and are payable by students for

materials and services that facilitate instruction, but

excluding

(

A) fees for equipment or materials that are retained or

leased by students, and

(

B) fees charged in respect of work placements or

practicum experience where the persons or

unincorporated bodies providing the experience or

practicum do not receive funding from the

Government in respect of it.

Application

3 Nothing in this Regulation or provided for under this Regulation

applies to the following:

(

a) the Banff Centre;

(

b) distance delivery programs for individuals who do not reside

in Alberta;

(

c) apprenticeship programs.

Surcharge for foreign students

4 Students who are not Canadian citizens or permanent residents of

Canada shall pay a minimum surcharge of 100% of the applicable fee

for instruction for students residing in Alberta and any surcharge above

the minimum is at the discretion of the board.

Fee increases

5 A board shall not increase tuition fees for an academic year, in

comparison with the immediately preceding academic year, unless the

increase complies with the following limits:

(

a) in the case of an institution to which

section 61(2)(b)(

i) of the

Act applies, the maximum allowable annual increase is such

amount as results from an average for the institution on a per

student basis of the previous year's maximum allowable

annual increase as adjusted by the Alberta Consumer Price

Index and as calculated in the manner determined by the

Minister;

(

b) in the case of an institution to which

section 61(2)(b)(ii) of

the Act applies, the maximum allowable annual increase is

the Alberta Consumer Price Index plus 2%, to a minimum of

0% and a maximum of 5% on an average for the institution

on a per student basis calculated in the manner determined by

the Minister.

Consultations

6(1) A board shall

(

a) provide to the institution's students' council each year a

statement of anticipated tuition fee increases for a 4-year

period,

(

b) establish with the students' council a mechanism for holding

consultations to discuss increases in tuition fees and to allow

for ongoing input by that council to the budget process

relative to the determination of tuition fees, and

(

c) provide in such published format as the Minister directs the

institution's tuition fees policies.

(2) The consultation mechanism referred to in subsection (1)(

b) must

include, at least,

(

a) an outline of the process for communications and the holding

of consultations, and

(

b) provide for at least 2 meetings per year.

Publication of information

7 A board shall publish annually, in the manner and at the time

established by the Minister, its calculation of

(

a) its revenue from tuition fees,

(

b) its net operating expenditures, and

(

c) the percentage of its revenue from tuition fees to its net

operating expenditures.

2003-2004 and 2004-2005 academic years

8(1) In this section, "tuition fees" means

(

a) fees identified in a public post-secondary calendar or

supplement as a tuition fee or a fee for a program, or

(

b) a fee that is approved by a board, and is universally payable

by all students enrolled in a program, including a computer

use fee, library fee and materials fee.

(2) Notwithstanding

section 5, in the case of the 2004-2005 academic

year, a board shall not increase tuition fees for the 2004-2005

academic year unless the increase complies with the following limits:

(

a) where the public post-secondary institution's revenue from

tuition fees in its 2002-2003 fiscal year is equal to or less

than 30% of its net operating expenditures in that fiscal year,

the maximum allowable annual increase in tuition fees for

that post-secondary institution is an average of $276 on a per

student basis calculated in the manner determined by the

Minister;

(

b) where the public post-secondary institution's revenue from

tuition fees in its 2002-2003 fiscal year exceeds 30% of its

net operating expenditures in that fiscal year, the maximum

allowable annual increase in tuition fees for that

post-secondary institution is the Alberta Consumer Price

Index plus 2%, to a minimum of 0% and a maximum of 5%

on an average for the institution on a per student basis

calculated in the manner determined by the Minister.

(3) Notwithstanding anything in this Regulation, in the case of the

2003-2004 academic year, the tuition fees established for an institution

that were in effect for the 2003-2004 academic year immediately

before the coming into force of this Regulation continue to be in effect

for that institution with respect to the 2003-2004 academic year.

Repeals

9 The Universities' Tuition Fee Regulation (AR 31/99), the

Technical Institutes' Tuition Fee Regulation (AR 30/99) and the

Colleges' Tuition Fee Regulation (AR 29/99) are repealed.

Expiry

10 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 January 31, 2011.

Coming into force

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

section 124 of the Act.

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

Alberta Regulation 56/2004

Wildlife Act

WILDLIFE AMENDMENT REGULATION

Filed: March 17, 2004

Made by the Minister of Sustainable Resource Development (M.O. 05/04) on March

9, 2004 pursuant to sections 12, 23 and 103 of the Wildlife Act.

1 The Wildlife Regulation (AR 143/97) is amended by this

Regulation.

2 Item 32 in Table 4 of

Schedule 15 is amended in Column

IV by striking out "Big Game Zone 3 except WMU 330. WMUs

349, 357, 439, 440, 441, 442, 444, 445, 446, 524, 525, 527 and 537."

and substituting "WMUs 524, 525 and 537.".

3 Item 33 in Table 4 of

Schedule 15 is amended in Column

IV by striking out "Big Game Zone 6. WMUs 300, 302, 306, 308,

316, 318, 351, 353, 354, 355, 356, 414, 416, 417, 418, 420, 422, 426,

430, 432, 434, 436, 437 and 438." and substituting "Big Game

Zone 3 except WMU 330. WMUs 349, 351, 353, 354, 355, 356, 357,

422, 426, 430, 432, 434, 436 and 527.".

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

Alberta Regulation 57/2004

Charitable Fund-raising Act

CHARITABLE FUND-RAISING AMENDMENT REGULATION

Filed: March 18, 2004

Made by the Minister of Government Services (M.O. C:003/2004) on March 15, 2004

pursuant to

section 57 of the Charitable Fund-raising Act.

1 The Charitable Fund-raising Regulation (AR 108/2000) is

amended by this Regulation.

2 Sections 6(1)(

b) and 7(1)(

b) are amended by striking out

"annual income of" and substituting "contributions to".

Section 6(1)(

b) is amended by striking out "was $100 000"

and substituting "were $250 000".

Section 7(1)(

b) is amended by striking out "was less than

$100 000" and substituting "were less than $250 000".

Section 34 is amended by striking out "2005" and

substituting "2007".

6 Sections 2, 3 and 4, as they apply to any particular

charitable organization, apply only with respect to financial

years commencing after December 31, 2003.

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

Alberta Regulation 58/2004

Metis Settlements Act

METIS SETTLEMENTS SUBDIVISION AMENDMENT REGULATION

Filed: March 22, 2004

Made by the Minister of Aboriginal Affairs and Northern Development on March 16,

2004 pursuant to sections 107 and 240 of the Metis Settlements Act.

1 The Metis Settlements Subdivision Regulation

(AR 363/91) is amended by this Regulation.

Section 5 is repealed and the following is substituted:

Subdivision approving authority

5(1) Each of the following settlement councils is the subdivision

approving authority for its respective settlement:

(

a) the settlement council for the Buffalo Lake Metis Settlement;

(

b) the settlement council for the East Prairie Metis Settlement;

(

c) the settlement council for the Elizabeth Metis Settlement;

(

d) the settlement council for the Fishing Lake Metis Settlement;

(

e) the settlement council for the Gift Lake Metis Settlement;

(

f) the settlement council for the Kikino Metis Settlement;

(

g) the settlement council for the Paddle Prairie Metis

Settlement;

(

h) the settlement council for the Peavine Metis Settlement.

(2) A settlement council that is a subdivision approving authority for

a settlement may delegate the granting of subdivision approval in

respect of that settlement to any person or other body.

(3) Where

(

a) during the period of time that the Commissioner, as defined

in the Metis Settlement Accord Implementation Act, was the

subdivision approving authority a person made an application

for approval to subdivide a parcel, but

(

b) before the subdivision approving process that was

commenced by that application was concluded the

Commissioner was replaced by a settlement council referred

to in subsection (1) as the subdivision approving authority,

that settlement council may, with respect to that application,

continue and conclude that subdivision approving process.

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

Alberta Regulation 59/2004

Income and Employment Supports Act

EMPLOYMENT AND TRAINING BENEFITS FOR PERSONS

WITH DISABILITIES REGULATION

Filed: March 29, 2004

Made by the Lieutenant Governor in Council (O.C. 139/2004) on March 29, 2004

pursuant to

section 18 of the Income and Employment Supports Act.

Definitions

2 Benefits

3 Modification of worksite

4 Assistive technologies

5 Transitional

6 Amends AR 315/83

7 Expiry

8 Coming into force

Definitions

1(1) In this Regulation,

(a) "Act" means the Income and Employment Supports Act;

(b) "approved training program" means

(

i) a program approved under

section 20 of the Act, and

(ii) a program of study at a public post-secondary institution

under the Post-secondary Learning Act;

wage under the Employment Standards Code and includes

comparable self-employment;

(d) "employment and training benefits" means employment and

training benefits referred to in

section 2(2);

(e) "person with a disability" means a person who demonstrates

to the satisfaction of the Director that the person is limited in

his or her ability to become employed, maintain employment

or become self-employed because of a chronic or permanent

physiological or psychological loss of function;

(f) "prepare for employment or self-employment" means

participate in education, training or other activities that give a

person with a disability the skills and knowledge to obtain

employment or become self-employed.

(2) For the purposes of this Regulation, a person is a resident of

Alberta if the person makes his or her home and is ordinarily resident

in Alberta and includes a person who is ordinarily resident in Alberta

but is temporarily absent for education purposes.

Benefits

2(1) The Director may provide employment and training benefits to or

for a person with a disability who

(

a) is in need of the benefits to overcome a barrier or barriers

created by the disability,

(

b) is a Canadian citizen or permanent resident,

(

c) is in or has been accepted into an approved training program,

or is seeking employment, is employed, has an employment

opportunity, or is self-employed, and

(

d) at the time of application for the benefits,

(

i) is a resident of Alberta, or

(ii) is ordinarily resident in another province or territory of

Canada and is temporarily resident in Alberta for

education purposes and, in the opinion of the Director,

has accessed all available employment and training

benefits from the province in which he or she is

ordinarily resident.

(2) Employment and training benefits include the following:

(

a) educational supports, including but not limited to,

interpreters, computer assisted transcription, tutors, academic

strategists, readers and student assistants;

(

b) workplace supports, including but not limited to, worksite

modifications, vehicle modifications and on the job supports;

(

c) job search supports, including but not limited to, interpreters,

specialized software and technical devices;

(

d) any other benefit that would enable a person with a disability

to overcome a barrier created by the disability to prepare for

employment or self-employment or to maintain employment.

(3) Employment and training benefits must be provided

(

a) in accordance with the training or employment requirements

of the person with a disability, and

(

b) consistent with a plan agreed on by the Director and the

person with a disability.

(4) The Director may provide assistance to a person with a disability

for continued enrolment in an education program at a university, public

college or technical institute if

(

a) the person with a disability is, in the opinion of the Director,

financially eligible, and

(

b) the person with a disability has exhausted his or her

eligibility for student loans under the Student Financial

Assistance Act.

Modification of worksite

3(1) In this section, "disabled employee" means an employee who is a

person with a disability.

(2) The Director, in consultation with the employer and an existing or

potential disabled employee, may determine that a worksite requires

modification related to the barrier created by the disability to permit

the employee to carry out the duties described in his or her job

description.

(3) Where the Director makes a determination under subsection (2),

the benefit that may be provided to the employer under this

section

shall consist of up to 50% of the cost of the modifications, not to

exceed $10 000 per disabled employee, to a maximum of $40 000 per

worksite.

Assistive technologies

4 The Director may provide assistive technologies in any amount or

value determined by the Director to educational institutions or training

providers to enable the persons with disabilities to access education

and training.

Transitional

5 The provision of employment and training benefits under this

Regulation has effect on and after August 1, 2004.

(2) For the months of April 2004 to July 2004, employment and

training benefits shall be provided under Schedules 1 and 2 of the

Grants Donations and Loans Regulation (AR 315/83).

(3) No application for a grant under

Schedule 1 or 2 of the Grants,

Donations and Loans Regulation may be made for an employment and

training program that begins after July 31, 2004.

Amends AR 315/83

6 The Grants, Donations and Loans Regulation

(AR 315/83) is amended

(

a) by repealing

section 2(1) and substituting the

following:

Minister may make grants

2(1) The Minister is authorized to make grants provided for

in Schedules 3 and 4.

(

b) by repealing Schedules 1 and 2.

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 March 31, 2010.

Coming into force

8 This Regulation comes into force on April 1, 2004.

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

Alberta Regulation 60/2004

Income and Employment Supports Act

INCOME SUPPORTS, HEALTH AND TRAINING BENEFITS REGULATION

Filed: March 29, 2004

Made by the Lieutenant Governor in Council (O.C. 140/2004) on March 29, 2004

pursuant to

section 18 of the Income and Employment Supports Act.

Interpretation

Part 1

Designation of Categories

2 Designation of adult members in household unit

3 Designation of household units

Part 2

General Rules

4 Budgetary requirements

5 Assets and exempt assets

6 Financial resource availability

7 Reimbursements and payments

8 Excluded from application of

Part 2 of Act

Part 3

Income Support and Benefits

Division 1

Expected to Work or Working and not Expected to Work

9 Asset test

10 Budgetary requirements and available financial resources

11 Payments

Division 2

Full-time Learners

12 Residency eligibility

13 Age eligibility

14 Other conditions

15 Asset test

16 Budgetary requirements and available financial resources

17 Payments

Division 3

Classes of Persons not Eligible

18 Classes of persons not eligible

Division 4

Emergency Benefits

19 Emergency benefits

Part 4

Health Benefits

Definitions

21 Kinds of health benefits provided

22 Financial eligibility for adult health benefits

23 Financial eligibility for children with health benefits

24 Prescription drugs

25 Annual renewals

26 Residency

27 Additional conditions

28 Health benefits from other sources

Part 5

Training Benefits

Definitions

30 Asset testing

31 Budgetary requirements and available financial resources

32 Amount of training benefits payable

33 Contract-based training programs

34 Eligibility for part-time training benefits

Part 6

Transitional, Repeals and Coming into Force

35 Transitional

36 Repeals

37 Expiry

38 Coming into force

Schedules

Interpretation

1(1) In this Regulation,

(a) "Act" means the Income and Employment Supports Act;

(b) "adult" includes a 16 or 17 year old who is the cohabiting

partner of a person 18 years of age or older, but does not

include a person referred to in clause (j)(ii);

aggregate of the following:

(

i) the core essential payments as determined by,

whichever is applicable,

(

A) Table A of

Schedule 1 for the household

composition and household unit category, or

(

B) the allowance set out in

section 1(3), (4), (5), (6) or

(7) of

Schedule 1;

(ii) the core shelter payments as determined by, whichever

is applicable,

(

A) Table B of

Schedule 1 for the household

composition and household unit category,

including

section 2(4) and 3(3) of

Schedule 1 if

applicable, or

(

B) the allowance set out in

section 3(1) of

Schedule 1;

(iii) the maximum National Child Benefit Supplement for

the household unit;

(d) "approved training program" means a training program

approved under

section 20 of the Act;

(e) "cohabiting partner" means the person

(

i) with whom the applicant or recipient is living and who

is the spouse of the applicant or recipient,

(ii) with whom the applicant or recipient is living and has

entered an adult interdependent partner agreement under

the Adult Interdependent Relationships Act,

(iii) with whom, in the opinion of the Director, the applicant

or recipient is living in a relationship of

interdependence as defined in the Adult Interdependent

Relationships Act,

(iv) with whom the applicant or recipient is living and has a

child or has adopted a child, or

(

v) with whom the applicant or recipient has a relationship

described in subclause (i), (ii), (iii) or (iv) and has a

financial interdependency, other than for support as

defined in

Part 5 of the Act, but does not reside with the

applicant or recipient,

but does not include a person who is related by blood or

adoption to the applicant or recipient unless the person has

entered into an adult interdependent partner agreement under

the Adult Interdependent Relationships Act;

(f) "core essential payments" means the payments for goods and

services referred to in

Part 1 of

Schedule 1;

(g) "core income support payments" means

(

i) core essential payments, and

(ii) core shelter payments;

(h) "core shelter payments" means the payments referred to in

Part 2 of

Schedule 1;

(i) "Department" means the Department of Human Resources

and Employment;

(j) "dependent child" means a person who is living with and

dependent for support on an adult member of a household

unit, and who is

(

i) under the age of 18, or

(ii) under the age of 20 if attending an education program

under the School Act,

but does not include

(iii) a child in the custody or guardianship of a director

under the Child Welfare Act,

(iv) a child in respect of whom the maximum financial

support payments referred to in

section 49 of the

Adoption Regulation (AR 37/2002) are being made, or

(

v) a child on whose behalf income support is being

received from the child financial support program

through a Child and Family Services Authority;

(k) "employment deductions" means

(

i) income tax payable,

(ii) contributions under the Employment Insurance Act

(Canada), and

(iii) contributions under the Canada Pension Plan (Canada);

(l) "employment income" means compensation for employment

including but not limited to

(

i) non-monetary benefits provided in place of

compensation for employment, or

(ii) fees paid by the Government of Alberta for the

provision of care to persons described in

section

6(4)(a)(xv),

but does not include income from self-employment;

(m) "exempt asset" means an asset exempted under

section 5(2);

(n) "financial resources" means the financial resources

determined in accordance with

section 6;

(o) "full-time learner" means a person described in

section 1(2)

of the Training Provider Regulation;

(p) "income support and benefits" means the income support and

benefits provided under

Part 2, Division 1, of the Act;

(q) "liquid assets" means

(

i) cash on hand or cash in a financial institution or held by

a third party that must be paid to the applicant or

recipient on demand, and

(ii) assets, other than an exempt asset, that are readily

convertible into cash such as stocks, term deposits,

bonds and other securities;

(r) "net employment income" means gross employment income,

less

(

i) employment deductions,

(ii) any deductions required by an employer as a condition

of employment, and

(iii) where the person's wages are garnished, for only the

first month after the garnishment is in effect, the amount

of the first payment that is paid pursuant to the

summons;

(s) "net self-employment income" means gross self-employment

income less employment deductions and

(

i) the reasonable cost of materials, supplies, goods and

services that are essential to a business operation, or

(ii) in the case of child care services provided by the

applicant or recipient in his or her home, the cost of

food for the children in care and items required for the

safety of the children in care and any other costs

required pursuant to a contract between a family day

home agency and the applicant or recipient;

(t) "non-exempt asset" means an asset that is not exempted

under

section 5(2);

(u) "self-employment income" means income earned from

self-employment including

(

i) income earned by an applicant or a recipient from

providing child care services in the applicant's or

recipient's home, and

(ii) income earned from a home-based business by an

applicant or recipient who is in the "not expected to

work" category;

(v) "supplementary income support payments" means the

continuous supplementary payments set out in

Schedule 2

and the non-continuous supplementary payments set out in

Schedule 3;

(w) "training benefits" means training benefits under

Part 5;

(x) "training period" means the number of months for which a

learner is funded, where there is no break for more than 3

weeks within the period.

(2) For the purposes of

section 17 of the Act, "unable to manage his or

her own financial affairs" means

(

a) that the person lacks the mental capacity to expend income in

such a manner as to meet his or her essential needs for food,

shelter and health care, or

(

b) that the person has established a pattern of expending income

in such a manner that essential needs for food, shelter and

health care have not been met.

(3) Subsection (1)(

e) applies to both the Act and this Regulation.

Part 1

Designation of Categories

Designation of adult members in household unit

2(1) Subject to subsection (5), an adult person in a household unit is

designated a full-time learner if the person is suitable to participate

full-time in a training program for an achievable employment goal and

has been accepted in an approved training program.

(2) An adult person's designation as a full-time learner is effective

(

a) from the first day of the month in which the approved

training program begins, if the program in which the

full-time learner is enrolled begins on the 15th day or earlier

of the month, or

(

b) from the day the approved training program begins, if the

approved training program begins on the 16th day or later of

the month.

(3) Subject to subsection (5), an adult person in a household unit is

designated "not expected to work" if the person

(

a) has multiple barriers that are beyond the control of the

person, or

(

b) has a persistent and severe mental or physical health problem

of more than 6 months' duration,

that prevents regular employment or self-employment.

(4) Subject to subsection (5), an adult person in a household unit is

designated "expected to work or working" if the person does not meet

either of the descriptions referred to subsections (1) and (3), and

includes a person who is able to work but is temporarily unavailable to

work because of

(

a) a temporary health problem of 6 months' duration or less,

(

b) being the primary caretaker of a child 6 months old or less, or

(

c) any other circumstances determined by the Director that

make the person temporarily unavailable for work.

(5) A household unit that includes an adult person, other than a person

referred to in

section 1(1)(j)(ii), who

(

a) is participating full time in an educational training program,

and

(

b) is not receiving training benefits

is not eligible for income support and benefits, unless the Minister

determines otherwise.

Designation of household units

3(1) A household unit shall be designated in the "full-time learner"

category if one or more of the adult members of the household unit are

designated full-time learners.

(2) Subject to subsection (3)(b)(ii), a household unit shall be

designated in the "expected to work or working" category if

(

a) no adult member of the household unit is designated a

full-time learner, and

(

b) at least one of the adult members of the household unit is

designated expected to work or working.

(3) A household unit shall be designated in the "not expected to work"

category,

(

a) in the case of a household unit that includes only one adult

member, if that member is designated not expected to work,

(

b) in the case of a household unit that includes 2 adult members,

(

i) if both members are considered to be not expected to

work, or

(ii) if one member has a severe handicap as defined under

the Assured Income for the Severely Handicapped Act

and is not receiving benefits under that Act and the

other member is designated expected to work or

working.

Part 2

General Rules

Budgetary requirements

4 The budgetary requirements for a household unit are the total of the

core income support payments for the household unit set out in Parts 1

and 2 of

Schedule 1 plus the applicable supplementary income support

payments.

Assets and exempt assets

5(1) If the Director is of the opinion that an asset of an adult member

has been given, transferred or otherwise disposed of to another person

for less than its fair market value for the purpose of establishing or

maintaining a person's eligibility for benefits under this Regulation,

the Director may deem the asset to be owned by an adult member of

the household unit at its fair market value.

(2) The following are exempt assets:

(

a) a home of reasonable value in which the applicant or

recipient lives, including the home quarter

section for

farmers;

(

b) clothing;

(

c) necessary household furnishings and appliances;

(

d) business tools including essential equipment and supplies for

farmers;

(

e) a motor vehicle that is specially adapted to accommodate a

disability of a member of the household unit;

(

f) the total equity in any other motor vehicle or motor vehicles,

not exceeding $5000;

(

g) any asset purchased with money received from the following:

(

i) the government of a province or territory of Canada as

compensation for having been infected with the HIV

virus through the blood supply;

(ii) financial benefits under the Victims of Crime Act, except

amounts received for lost income;

(iii) a payment received under

Schedule A or B to the

1986-1990 Hepatitis C Settlement Agreement other than

(

A) a payment under

section 4.02 of the Agreement for

loss of income, or

(

B) a payment under

section 6.01 of the Agreement for

loss of support resulting from the death of the

infected person;

(iv) Japanese Canadian Redress Agreement;

(

v) Extraordinary Assistance Plan;

(

h) assets of a member of the household unit that are held by a

trustee in bankruptcy under the Bankruptcy and Insolvency

Act (Canada);

(

i) assets that the Director exempts subject to their disposal for

fair market value within a specified time;

(

j) a Registered Education Savings Plan;

(

k) funds locked into a pension account that are not accessible;

(

l) a Registered Retirement Savings Plan to the value of $5000

per adult member of the household unit;

(

m) a life insurance policy with a cash surrender value of $1500

or less for the household unit;

(

n) prepaid funeral costs;

(

o) money that has been placed in trust for a dependent child in

the household unit and is not accessible during the period in

which benefits under this Regulation are paid;

(

p) any other asset where, in the Director's opinion, the asset is

essential to the needs of the person.

Financial resource availability

6(1) In this section, "income" means net employment income, net

self-employment income and income from any other source.

(2) For the purpose of determining eligibility for income support and

benefits, the financial resources, determined in accordance with

subsection (4) for a sponsored immigrant who is not fully maintained

by their sponsor include, subject to subsection (3), the financial

resources of the sponsor's household unit, determined in accordance

with this

section but not applying the earnings exemptions in

subsection (4)(b), which exceed the monthly budgetary requirements,

as determined under

section 4, of the sponsor's household unit.

(3) If, in the Director's opinion, the sponsor is in default of the

sponsorship agreement and the sponsored immigrant has been abused

or abandoned by the sponsor, the financial resources of the sponsor's

household unit are not included as financial resources of the sponsored

immigrant.

(4) The financial resources available to a household unit for the

purpose of determining financial eligibility under this Regulation is the

income received by all members of the household unit, except for

income exempted as follows:

(a) 100% of the following income is exempt:

(

i) a payment received under

Schedule A or B to the

1986-1990 Hepatitis C Settlement Agreement other than

(

A) a payment under

section 4.02 of the Agreement for

loss of income, or

(

B) a payment under

section 6.01 of the Agreement for

loss of support resulting from the death of the

infected person;

(ii) a payment received from the government of a province

or territory of Canada as compensation for a member of

the household unit having been infected with the HIV

virus through the blood supply;

(iii) money received as compensation for loss or damage to

property of a member of the household unit if the

money is used to repair or replace the property within a

reasonable time as determined by the Director or is used

for some other purpose approved by the Director;

(iv) a refunded damage deposit under a tenancy agreement

or a refunded deposit that had been paid in respect of a

utility or telephone;

(

v) a moving allowance provided by a landlord on

termination of a tenancy agreement;

(vi) a payment received by a member of the household unit

pursuant to an order for the support of a child who is not

a member of the household unit;

(vii) a Canada Child Tax Benefit under the Income Tax Act

(Canada);

(viii) a goods and services tax credit received from the

(ix) money received from the Government of Alberta to

assist a person with a disability in purchasing services

that will enable the person to live in the community;

(

x) money received from a management body under the

Alberta Housing Act for the payment of utilities other

than electricity;

(xi) money received under a program of the Government of

Canada or the Government of Alberta for home repairs

or renovations;

(xii) a payment, refund or credit received directly or

Government of Alberta that is designed to protect

consumers from high energy costs;

(xiii) a grant or loan to start a business, excluding any amount

as a living allowance, that is received from a federal or

provincial government department or agency or from a

non-profit organization;

(xiv) a loan from a financial institution;

(xv) a payment made under a Government of Alberta

program for the maintenance costs of a person to whom

a member of the household unit is providing or is

responsible for providing care;

(xvi) an award or prize received by a member of the

household unit in recognition of outstanding academic

or community achievement, to a maximum of $1600 per

academic year;

(xvii) cash gifts of a non-recurring nature, not exceeding $75

per month for each member of the household unit;

(xviii) payments of arrears of child support that are not owing

to the Government of Alberta under

section 31 of the

Act;

(xix) self-employment income earned while enrolled in an

approved training program related to self-employment;

(xx) a benefit paid under the Victims of Crime Act, except

amounts received for lost income;

(xxi) employment income or self-employment income earned

by a dependent child who is attending school;

(xxii) payments under an agreement between a First Nation

and Her Majesty in Right of Canada with respect to a

Specific Claim (Surrender), as determined by the

Minister;

(

b) income from the following sources is exempt to the extent

indicated:

(i) 75% of gross income received by the applicant or

recipient from a room and board arrangement in the

applicant's or recipient's principal residence;

(ii) 50% of gross rental income received by the applicant or

recipient from the applicant's or recipient's principal

residence;

(iii) net employment income and net self-employment

income from either a home-based child care services

business or from a home-based business operated by a

person designated as not expected to work is exempt as

follows:

(

A) with respect to a household unit designated in the

not expected to work or expected to work or

working category, except for the purpose of

determining initial eligibility under

section 10,

(

I) for a household unit with only one adult and

dependent children, $230 per month plus

25% of the remaining net employment

income, and

(II) for a household unit not described in

subparagraph (I), $115 per month plus 25%

of the remaining net employment income for

each adult in the household unit earning

income;

(

B) with respect to a household unit designated in the

full-time learner category,

(

I) for adult members designated as full-time

learners, $230 multiplied by the number of

months of the training period plus 25% of the

remaining projected net employment income

during the training period, and

(II) for an adult member who is not a full-time

learner but who is a member of a household

unit designated in a full-time learner

category, $230 plus 25% of the remaining

projected average net monthly employment

income for each month during the training

period;

(

C) with respect to a dependent child in a household

unit who is not attending school, $350 per month

plus 25% of the remaining net employment

income.

Reimbursements and payments

7 The Director may require reimbursement under

section 16(2) of the

Act, and may require the person to enter a repayment agreement or

assignment, in the following circumstances:

(

a) the person is entitled or potentially entitled to receive an

award or settlement that is not exempt under

section 6(4)(

a) for a legal claim;

(

b) the person is entitled or potentially entitled to receive a

benefit from a government or government agency that is not

exempt under

section 6(4)(a);

(

c) when a member of the household unit applies for the

following benefits:

(

i) emergency benefits under

section 19;

(ii) relocation costs where the household unit is returning to

another province for financial and social support under

Schedule 3,

section 11(b);

(iii) emergency allowance for the actual cost of essential

repairs to the applicant's home and major appliances

under

Schedule 3,

section 17(1)(f);

(iv) emergency allowance for the actual cost of paying an

unpaid utility bill for an issue subsequent to the first

issue for each utility under

Schedule 3,

section 17(1)(g);

(

v) an emergency allowance under

Schedule 3,

section

17(1)(h);

(vi) a replacement allowance for the National Child Benefit

Supplement under

Schedule 3,

section 18(2);

(vii) a thing or service provided under

Schedule 2,

section 14 Schedule 3,

section 19;

(viii) an allowance under

section 14(1) of

Schedule 3;

(ix) replacement glasses not covered under the agreement

referred to in

section 21(1)(b).

Excluded from application of

Part 2 of Act

8(1) Inmates of a correctional institution under the Corrections Act, of

a penitentiary as defined in the Penitentiary Act (Canada) or of a

prison as defined in the Prisons and Reformatories Act (Canada) are

not eligible for assistance under

Part 2 of the Act.

(2) Persons convicted of an offence and who, because of the condition

of their sentence, are unable to work are not eligible for assistance

under

Part 2 of the Act.

Part 3

Income Support and Benefits

Division 1

Expected to Work or Working and Not

Expected to Work

Asset test

9(1) A household unit designated in the "expected to work or

working" category is not eligible for income support and benefits if

(

a) the value of the combined liquid assets of the adult members

of the household unit is in excess of one month's applicable

core benefits for the household unit,

(

b) an adult member of the household unit has any non-exempt

assets, or

(

c) in the case of a household unit with an adult member who is

a sponsored immigrant and the sponsored immigrant is not

being fully maintained by a sponsor, the adult members of

the sponsor's household unit have any non-exempt assets,

unless the sponsor is in default and in the Director's opinion

the sponsor has abandoned or abused the sponsored

immigrant.

(2) A household unit designated in the "not expected to work"

category is not eligible for income support and benefits if

(

a) the value of the combined liquid assets of the adult members

of the household unit is in excess of 2 months' applicable

core benefits for the household unit,

(

b) an adult member of the household unit has any non-exempt

assets, or

(

c) for a household unit with an adult member who is a

sponsored immigrant and the sponsored immigrant is not

being fully maintained by a sponsor, the adult members of

the sponsor's household unit have any non-exempt assets,

unless the sponsor is in default and in the Director's opinion

the sponsor has abandoned or abused the sponsored

immigrant.

Budgetary requirements and available financial resources

10(1) The financial resources available in a month to a household unit

designated "expected to work or working" or "not expected to work"

are the financial resources available to all members of the household

unit for the previous month.

(2) A household unit designated "expected to work or working" or

"not expected to work" is eligible for income support and benefits if

the budgetary requirements of the household unit determined under

section 4 exceed the financial resources determined under subsection

(1).

Payments

11 If under

section 10(2) the budgetary requirements exceed the

available financial resources, the amount of the core income support

payments and applicable supplementary income support payments for

a month for a household unit designated as "expected to work or

working" or "not expected to work" that may be provided is the

difference between the budgetary requirements and the available

financial resources.

Division 2

Full-time Learners

Residency eligibility

12 For the purpose of

section 6(3)(

a) of the Act,

(

a) a person in a household unit designated in the "full-time

learner" category

(

i) must be a Canadian citizen, a permanent resident of

Canada or a refugee under the Immigration and Refugee

Protection Act (Canada) who has been accepted to

apply for permanent residency in Canada, and

(ii) must be resident in Alberta for at least 3 months

immediately before the date of acceptance and

enrolment in an approved training program,

and

(

b) the other members of the household unit designated in the

full-time learner category who are not themselves full-time

learners or persons receiving part-time training benefits must

be in Alberta.

Age eligibility

13(1) A member of a household unit meets the conditions of

section

6(3)(c)(

i) of the Act

(

a) if the member is 16 or 17 years old, and

(

i) in the opinion of the Director, the relationship between

the member and his or her parents is such that the

member cannot reside with his or her parents, or

(ii) the member is the cohabiting partner of an adult,

(

b) if the member, other than a member referred to in

section

1(j)(ii), is 18 or 19 years old, and

(

i) attending high school whether or not he or she had

attended school the previous year, and

(ii) in the opinion of the Director, the relationship between

the member and his or her parents is such that the

member cannot reside with his or her parents,

(

c) if the member is enrolled in or applying to a transitional

vocational program, is at least 18 years old and has a

developmental disability as defined in the Persons with

Developmental Disabilities Community Governance Act,

whether or not the member attended school the previous year.

(2) Subsection (1)(a)(

i) is repealed on June 30, 2005.

Other conditions

14(1) For the purpose of

section 6(3)(

g) of the Act, the conditions

include that

(

a) every adult member of the household unit must undergo a

reassessment if required by the Director to determine the

continuing eligibility of the member or household unit;

(

b) the person in the household unit designated as a full-time

learner must

(

i) maintain acceptable attendance as set out in

section 7 of

the Training Provider Regulation, and

(ii) make acceptable progress as set out in

section 8 of the

Training Provider Regulation.

(2) Income support and benefits and training benefits provided to a

full-time learner under this Regulation cease when the full-time learner

is considered to have withdrawn from the approved training program

as set out in

section 6 of the Training Provider Regulation.

Asset test

15(1) A household unit designated in the "full-time learner" category

is not eligible for income support and benefits if

(

a) the value of the combined liquid assets of the adult members

of the household unit, less the value of liquid assets up to an

amount equivalent to his or her tuition fees and prescribed

fees, is in excess of 2 months' applicable core benefits for the

household unit,

(

b) an adult member of the household unit has any non-exempt

assets, or

(

c) in the case of a household unit with an adult member who is

a sponsored immigrant and the sponsored immigrant is not

being fully maintained by a sponsor, the adult members of

the sponsor's household unit have any non-exempt assets,

unless the sponsor is in default and in the Director's opinion

the sponsor has abandoned or abused the sponsored

immigrant.

(2) Subsection (1) does not apply to a full-time learner applying for a

transitional vocational program.

Budgetary requirements and available financial resources

16(1) The budgetary requirements for a household unit designated in

the "full-time learner" category are determined by projecting the

requirements for the entire training period.

(2) The financial resources available to a household unit designated in

the full-time learner category include the following:

(

a) the financial resources available to all members of the

household unit projected for the entire training period;

(

b) if the person is designated as a full-time learner, is under 23

years old and does not have a cohabiting partner or

dependent children, a parental contribution in an amount

determined by the Director, unless

(

i) the learner has not attended school under the School Act

during the previous 4 years,

(ii) the learner has been available for full-time employment

for at least 2 periods of 12 consecutive months each

since leaving school, or

(iii) there has been a family breakdown between the learner

and his or her parents involving mental, physical or

emotional abuse of the learner and the Director is of the

opinion that the requirement of a parental contribution

would create an undue hardship for the learner.

(3) A household unit designated in the full-time learner category is

eligible for income support and benefits if the budgetary requirements

of the household unit determined under subsection (1) exceed the

financial resources determined under subsection (2).

Payments

17(1) If under

section 16 the budgetary requirements exceed the

available financial resources, the amount of core income support

payments and applicable supplementary income support payments for

a month that may be provided is determined in accordance with the

following formula:

(A-

B) where

A is the total projected budgetary requirements for the training

period

B is the projected financial resources available for the training

period

C is the number of months of the training period for which the

full-time learner is to receive core income support payments

and supplementary income support payments.

(2) Where there is a change in circumstances of the household unit,

the amount determined under subsection (1) is adjusted by a

recalculation for the remainder of the training period, based on the

formula in subsection (1).

Division 3

Classes of Persons not Eligible

Classes of persons not eligible

18 The following classes of persons are not eligible for income

support and benefits:

(

a) persons ordinarily resident on an Indian reserve;

(

b) immigrants and refugees and their children while being fully

maintained by their sponsors in accordance with an

undertaking and sponsorship agreement under the

Immigration and Refugee Protection Act (Canada);

(

c) refugees under the Immigration and Refugee Protection Act

(Canada) who are receiving financial assistance from the

(

d) persons with study permits issued under the Immigration and

Refugee Protection Act (Canada);

(

e) foreign nationals with temporary resident visas issued under

the Immigration and Refugee Protection Act (Canada);

(

f) foreign workers with work permits issued under the

Immigration and Refugee Protection Act (Canada);

(

g) temporary resident permit holders issued under the

Immigration and Refugee Protection Act (Canada), except

those approved for entry into Canada by the Alberta

Immigration Review Panel;

(

h) persons illegally in Canada.

Division 4

Emergency Benefits

Emergency benefits

19 Notwithstanding that the financial resources available to a

household unit exceed the budgetary requirements of the household

unit, the Director may provide the income support and benefits if

(

a) the Director considers that not providing the benefit would

result in extreme hardship to the household unit,

(

b) the household unit does not have sufficient liquid assets, and

(

c) the household unit does not have any non-exempt assets.

Part 4

Health Benefits

Definitions

20 In this Part,

(a) "current income" means the projected income for the current

year determined by the Director based on information

provided by the applicant or recipient and includes any

non-taxable child support payments;

(b) "health benefits" means health benefits referred to in

section

21;

(

i) the amount of net income as set out in the Notice of

Assessment issued under the Income Tax Act (Canada),

and

(ii) any non-taxable child support payments.

Kinds of health benefits provided

21(1) The Director may subject to this Part provide to persons eligible

(

a) prescription and non-prescription drugs listed on

(

i) the Alberta Health and Wellness Drug Benefit List

published by the Department of Health and Wellness

but is limited to the drugs approved by the Minister, or

(ii) the Drug Benefit Supplement published by the

Department;

(

b) optical needs in accordance with the agreement between the

Minister and the Alberta Association of Optometrists, and the

Alberta Opticians Association;

(

c) dental needs in accordance with the agreement between the

Minister and the Alberta Dental Association and College, and

the College of Alberta Denturists;

(

d) emergency ambulance services as approved by the Minister;

(

e) essential diabetic supplies as approved by the Minister.

(2) Benefits not referred to in subsection (1) may be provided if

approved on review by the Health Benefits Review Committee under

the Recovery, Administrative Penalties and Appeals Regulation.

Financial eligibility for adult health benefits

22(1) An adult who is a member of a household unit that is eligible

for

(

a) income support and benefits, or

(

b) training benefits in the full-time learner category

is financially eligible for health benefits.

(2) Notwithstanding subsection (1), an adult is not eligible for health

benefits, other than a person referred to in

section 1(1)(j)(ii), if the

adult:

(

a) is participating full time in an educational training program

that is not an approved training program, and

(

b) is not receiving training benefits.

(3) An adult who is a member of a household unit in the "expected to

work or working" category that

(

a) has been in receipt of income support and benefits, and

(

b) has dependent children in the household unit

is financially eligible for health benefits until the first date for annual

renewal of the health benefits if the household unit is no longer eligible

for income support and benefits because of excess employment or

self-employment income of the household unit.

(4) An adult who is a member of a household unit in the "not expected

to work" category, other than a person who has a severe handicap as

defined under the Assured Income for the Severely Handicapped Act

but is not receiving benefits under that Act, and that has been in receipt

of income support and benefits is financially eligible for health

benefits until the first date for annual renewal of the health benefits if

the household unit is no longer eligible for income support and benefits

because of excess employment or self-employment income of the

household unit.

(5) A person, and the person's cohabiting partner if applicable, who

have been in receipt of benefits under the Assured Income for the

Severely Handicapped Act, are financially eligible for health benefits

until the first date for annual renewal of the health benefits if the

person is no longer eligible for benefits under the Assured Income for

the Severely Handicapped Act because of excess employment or

self-employment income or because of excess income from a Canada

Pension Plan disability pension received by the person or the person's

cohabiting partner.

(6) An adult who is a member of a household unit in the "not expected

to work" category that has been in receipt of income support or

benefits and who has a severe handicap as defined under the Assured

Income for the Severely Handicapped Act but is not receiving benefits

under that Act, is financially eligible for health benefits until the first

date for annual renewal of the health benefits if the household unit is

no longer eligible for income support and benefits because of excess

employment or self-employment income or because of excess income

from a Canada Pension Plan disability pension received by the person

or the person's cohabiting partner.

Financial eligibility for children health benefits

23(1) In this section, "adult" includes a parent who is 16 or 17 years

old and is receiving the Canada Child Tax Benefit for his or her child.

(2) A dependent child is financially eligible for health benefits if the

child

(

a) is a child of an adult eligible under

section 22 for health

benefits, or

(

b) is a member of a household unit where either the combined

current income less the cost of ongoing health needs of the

household unit or the combined prescribed income of the

adults in the household unit is equal to or less than the

following income levels:

Household unit with one child $22 397

Household unit with 2 children $24 397

Household unit with 3 children $26 397

Plus $2000 for each additional child

(3) A dependent child is financially eligible for health benefits if on

application for renewal no other health benefit coverage is reasonably

available to cover the cost of the ongoing health needs and the

household unit of which the child is a member meets either of the

following:

(

a) the combined prescribed income of the adult members is

equal to or less than the income levels referred to in

subsection (2), or

(

b) the combined current income of the adult members, less the

cost of the ongoing health needs of the household unit, is less

than or equal to the income levels referred to in subsection

(2).

Prescription drugs

24 A household unit is eligible for health benefits if

(

a) the cost of prescription drugs referred to in

section 21(1)(

a) required by the household unit together with the budgetary

requirements of the household unit determined under

section

4 exceeds the financial resources of the unit as determined

under

section 10(1),

(

b) the value of

(

i) in the case of a household unit designated in the

"expected to work or working" category, the combined

liquid assets of the adult members of the household unit

is not in excess of one month's applicable core benefits

for the household unit,

(ii) in the case of a household unit in the "not expected to

work" category, the combined liquid assets of the adult

members of the household unit is not in excess of 2

months' applicable core benefits for the household unit,

(iii) in the case of a household unit in the "full-time learner"

category, the combined liquid assets of the adult

members of the household unit, less the value of liquid

assets up to an amount equivalent to his or her tuition

fees and prescribed fees, is not in excess of 2 months'

applicable core benefits for the household unit,

(

c) the household unit does not have any non-exempt assets, and

(

d) the household unit meets the eligibility requirements under

section 6(2) or (3) of the Act.

Annual renewals

25 A person is financially eligible for health benefits until the next

date for annual renewal of the benefit if the person has been in receipt

of health benefits and on application for annual renewal of the benefit,

(

a) the combined prescribed income of the person and his or her

cohabiting partner is equal to or less than the following

income levels:

(

i) for persons who were in receipt of health benefits under

section 22(2) or (4):

Single adult $13 175

Couple with no children $18 445

Household unit with one child $22 397

Household unit with 2 children $24 397

Household unit with 3 children $26 397

Plus $2000 for each additional child

(ii) for persons who were in receipt of health benefits under

section 22(5) or (6):

Single adult $17 256

Couple with no children $24 324

Household unit with one child $26 324

Household unit with 2 children $26 324

Household unit with 3 children $26 397

Plus $2000 for each additional child

(

b) the combined current income of the person and his or her

cohabiting partner less the cost of ongoing health needs of

the household unit of which the person is a member is equal

to or less than the qualifying income levels in clause (a)(

i) or

(ii), and no other health benefit coverage is reasonably

available to cover the costs of the ongoing health needs.

Residency

26 A child or adult meets the residency requirements for health

benefits if he or she is a resident of Alberta and for the purposes of

section 23(2)(

b) he or she must be a Canadian citizen or a permanent

resident of Canada.

Additional conditions

27(1) To be eligible or to maintain eligibility for health benefits,

persons who are no longer eligible for income support and benefits

must comply with

Part 5 of the Act as required by the Director.

(2) Prescription and non-prescription drugs provided under

section

21(1)(

a) and (2) may be subject to a charge determined by the Director.

Health benefits from other sources

28(1) The following persons are not eligible for health benefits for the

purposes of

section 23(2)(b):

(

a) First Nations persons registered as status Indians under the

Indian Act (Canada);

(

b) persons who are eligible for health benefits under sections

4.06 and 4.07 of Schedules A and B to the 1986-1990

Hepatitis C Settlement Agreement;

(

c) sponsored immigrants and refugees under the Immigration

and Refugee Protection Act (Canada), and their children, who

are not eligible for income support and benefits;

(

d) refugees under the Immigration and Refugee Protection Act

(Canada) who are receiving financial assistance from the

(

e) persons with study permits issued under the Immigration and

Refugee Protection Act (Canada);

(

f) foreign nationals (visitors) with temporary resident visas

issued under the Immigration and Refugee Protection Act

(Canada);

(

g) foreign workers with work permits issued under the

Immigration and Refugee Protection Act (Canada);

(

h) temporary resident permit holders issued under the

Immigration and Refugee Protection Act (Canada), except

those approved for entry into Canada by the Alberta

Immigration Review Panel;

(

i) persons illegally in Canada.

(2) If an employer of a person eligible for health benefits under this

Part offers a health benefits plan, the person must participate in that

plan if, in the Director's opinion, it is reasonable to do so.

(3) If the health benefits plan of the employer does not equal the

health benefits under this Part, the Director may provide the balance of

the benefits.

Part 5

Training Benefits

Definitions

29 In this Part,

(a) "allowable training benefits" means training benefits to the

maximums determined in accordance with program approval

agreements and

section 32(2) and (3);

(b) "contract-based training program" means an approved

training program in which the training provider is funded

directly by the Department to provide training to a learner,

but does not include a tuition-funded program as defined in

the Training Provider Regulation;

learners in an approved training program for libraries,

technology, laboratories and any other facilities the use of

which is necessary to both assist in instruction and program

completion, but does not include tuition fees and fees for

health and dental benefits;

(d) "prescribed fees" means mandatory fees and student

association fees;

(e) "student association fees" means the fees that are payable to

a students association for student association activities but

effective August 1, 2004 do not include fees for health and

dental benefits;

(f) "training benefits" means training benefits referred to in

section 9(

a) and (

b) of the Act.

Asset testing

30(1) A household unit designated in the "full-time learner" category

is not eligible for training benefits if

(

a) the value of the combined liquid assets of the adult members

of the household unit, less the value of liquid assets up to an

amount equivalent to his or her tuition fees and prescribed

fees, is in excess of 2 months' applicable core benefits for the

household unit, or

(

b) a member of the household unit has any non-exempt assets.

(2) This

section does not apply in relation to a transitional vocational

training program.

Budgetary requirements and available financial resources

31(1) The average monthly budgetary requirements for a household

unit designated in the "full-time learner" category are the budgetary

requirements determined under

section 16(1) divided by the number of

months in the training period.

(2) The average monthly allowable training benefits for a household

unit designated in the full-time learner category is the total amount of

the allowable training benefits under

section 9(

a) and (

b) of the Act for

the training period divided by the number of months in the training

period.

(3) The average monthly financial resources available to a household

unit designated in the full-time learner category are

(

a) the available financial resources for the training period

determined under

section 16(2),

(

b) liquid assets in excess of 2 months' applicable core benefits,

and

(

c) a parental contribution determined under

section 16(2)(

b) divided by the number of months in the training period.

(4) The household unit designated in the full-time learner category is

eligible for training benefits if the average monthly budgetary

requirements determined under subsection (1) together with the

average monthly training benefits determined under subsection

(2) exceed the average monthly financial resources determined under

subsection (3).

(5) If a change in circumstances occurs during the training period, the

average monthly budgetary requirements and the average monthly

available financial resources are adjusted by a recalculation for the

remainder of the training period.

(6) This

section does not apply if the person designated as a full-time

learner is receiving benefits under the Assured Income for the Severely

Handicapped Act.

Amount of training benefits payable

32(1) Subject to subsections (2), (3) and (4), the Director may provide

to persons eligible as full-time learners under

section 6(3) of the Act

allowable training benefits.

(2) The maximum number of months for which training benefits may

be provided may not exceed 40 months, except that the number of

program may not exceed 12 months each.

as a Second Language or a transitional vocational program in addition

to other approved training programs, the maximum number of months

for which training benefits may be provided may not exceed 40

months.

(4) In a month in which allowable training benefits or a portion of

them are payable, the Director shall provide the training benefits less

the amount by which the monthly average budgetary requirements

determined under

section 31(1) exceeds the monthly financial

resources determined under

section 31(3).

(5) Subsection (4) does not apply to a person eligible as a full-time

learner under

section 6(3) of the Act if the person is receiving benefits

under the Assured Income for the Severely Handicapped Act.

Contract-based training programs

33 A full-time learner in a household unit designated in the "full-time

learner" category is eligible for enrolment in a contract-based training

program under

section 9(

d) of the Act

(

a) if the household unit is receiving income support and

benefits, or

(

b) if the household unit is in financial need, in the opinion of the

Director.

Eligibility for part-time training benefits

34(1) A member of a household unit is eligible for part-time training

benefits if

(

a) the member satisfies the Director that the member is in need

of part-time training b

Document details

Collection	Alberta — Gazette
Citation	0415 ii
Type	gazette
Volume / chapter	0415 ii
Language	en
Format	html
Source	PROVINCIAL
Identifier	8192786ac9375e0a9309516a5d0729be2fb377d1

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

Alberta Gazette — 15 April (ii)

OPERATOR LICENSING AND VEHICLE CONTROL

AMENDMENT REGULATION

Section 1(

section 7306

RECOVERY REGULATION

section 42(2) of the Income and Employment Supports

section 38 of the Act, is 10% of

section 35(1)(

Part 2 of the

Coming into force

Part 6 of the Income

EDMONTON ELECTION AMENDMENT REGULATION

section 160 of the Local Authorities Election Act.

section 1:

section 14(1)(a), (b), (e), (

Section 3 is repealed and the following is substituted:

section 42(1) of the Act, a single ballot card

section 75(2) of the Act, the presiding

Section 75 of the Act is to be treated as changed

section 78 of

section 74(1) of the Act must

section 76 of the Act) the following statement:

section 78 of the Act, to the extent that that

section 77.1(2) of the Act, an application for

section 77.1(4) of the Act, the requirements

Section 84(2) of the Act is to be treated as changed by

section 75(4) (as contained in

section 3.2) is used.

PRINCIPLES AND CRITERIA FOR OFF-SITE LEVIES REGULATION

section 694 of the Municipal Government Act.

section 2.

Division 6 of

Part 17 of the Act, shall apply the principles and criteria

section 3.

CALGARY RESTRICTED DEVELOPMENT AREA

AMENDMENT REGULATION

Schedule 5,

section 4 of the Government Organization Act.

Section 4(2) is amended by striking out "is lively to cause"

Schedule A, Transportation/Utility Corridor, describing

Schedule A, Transportation/Utility Corridor, describing

Section 33 - Plan 8910854 showing survey for

Section 33 - Plan 8910854 showing survey for

EXCEPTING THEREOUT

Section 34 - Plan 8910854 showing survey for

EXCEPTING THEREOUT

Section 34 - Plans 8910854 and 0312800 showing

EXCEPTING THEREOUT

Schedule A, Transportation/Utility Corridor, describing

EXCEPTING THEREOUT

section 24 on Plan

EXCEPTING THEREOUT

ATHABASCA UNIVERSITY REGULATION

Table of Contents

Definitions

Definitions

section 9 of this

section 3 of the Act or under the

section 2 of this

section 3(1)(a), (

section 3(1)(

section 3(1)(

section 3(1)(c)(iv) or

section 34 of the Act.

section 3(1)(

section 10(1)(

section 11:

section 10(1)(f);

Coming into force

APPROVAL OF PROGRAMS OF STUDY REGULATION

Table of Contents

Definitions

Definitions

section 3 to determine

section 4,

section 6, or

section 5(a), the

section 4(1)(a), and

section 4 or 9.