Alberta Regulation 342/2009

Mental Health Act

MENTAL HEALTH ACT FORMS AMENDMENT REGULATION

Filed: December 16, 2009

For information only: Made by the Minister of Health and Wellness (M.O. 86/2009)

on December 3, 2009 pursuant to

section 53(4) of the Mental Health Act.

1 The Mental Health Act Forms Regulation (AR 136/2004)

is amended by this Regulation.

Section 1(1) is repealed and the following is substituted:

Interpretation

1(1) In this Regulation,

(a) "Act" means the Mental Health Act;

(b) "appropriate regional health authority" means the regional

health authority of the region in which the person who is

subject to a community treatment order normally resides;

(c) "issuing psychiatrist" means the psychiatrist, or the physician

designated in accordance with

section 9.7 of the Act, who

last issued, renewed or amended a community treatment

order.

Section 15 is repealed and the following is substituted:

Application for cancellation

15(1) An application under

section 38 of the Act for cancellation of

admission certificates, renewal certificates or community treatment

orders must be in Form 12.

(2) A notice of hearing under

section 40(1) of the Act that the chair

of a review panel must give on receipt of an application under

section 38 of the Act or with respect to a deemed application under

section 39 of the Act must be in Form 13.

(3) A report of a decision of a review panel under

section 41 of the

Act relating to an application under

section 38 of the Act must be in

Form 17.

(4) A report of a decision of a review panel under

section 41 of the

Act relating to a deemed application under

section 39 of the Act

must be in Form 18.

4 The following is added after

section 15:

Community treatment order forms

15.1(1) A community treatment order must be issued in Form 19.

(2) A community treatment order must be renewed in Form 20.

(3) An amendment to the treatment or care plan set out in the

community treatment order must be in Form 21.

(4) Notice of the cancellation or expiry of a community treatment

order must be in Form 22.

(5) An order for the apprehension of a person who is subject to a

community treatment order under

section 9.6 of the Act must be in

Form 23.

(6) An examination of a person who is subject to a community

treatment order and who has been apprehended under

section 9.6 of

the Act must be recorded in Form 24.

(7) A designation of a physician under

section 9.7 of the Act must

be in Form 25.

(8) A written statement in respect of the issuance, renewal or

amendment of a community treatment order for the purposes of

section 14(1.1)(

a) of the Act must be in Form 26.

(9) A report by a treatment or care provider that a person who is

subject to a community treatment order has failed to comply with the

treatment and care plan in the community treatment order must be in

Form 27.

5 Forms 7, 8, 10, 12, 13, 17 and 18 of the

Schedule are

repealed and the following are substituted:

Form 7

Information

Mental Health Act

Section 10

This is the information of (name of informant) of (address of

informant) who says that he/she has reasonable and probable grounds

to believe that (name of person) of (address of person) is

? suffering from mental disorder, and likely to cause harm to the

person or others or to suffer substantial mental or physical

deterioration or serious physical impairment, or

? is subject to a community treatment order and is not complying

with the order.

SWORN BEFORE ME at the of )

, in the Province of Alberta, the )

day of , 20 .)

) (signature of informant)

(Judge of The Provincial )

Court of Alberta) ) (printed name of informant)

Form 8

Warrant

Mental Health Act

Section 10

To all or any peace officers in Alberta:

(name of informant) has brought before me an information on oath that

(name of person) of (address of person)

? is suffering from mental disorder, and likely to cause harm to

the person or others or to suffer substantial mental or physical

deterioration or serious physical impairment, or

? is subject to a community treatment order and is not complying

with the order.

I am satisfied that (name of person)

? is suffering from mental disorder, and likely to cause harm to

the person or others or to suffer substantial mental or physical

deterioration or serious physical impairment, or

? is subject to a community treatment order and is not complying

with the order,

and that an examination can be arranged in no way other than by

apprehension.

This is to order you to apprehend (name of person) and convey him/her

to a facility for an examination.

Brief reasons:

Dated this day of , 20 at .

(signature of Judge of The

Provincial Court of Alberta)

(printed name of Judge of The

Provincial Court of Alberta)

(clerk of the Court)

(date of filing)

Form 10

Statement of Peace Officer

on Apprehension

Mental Health Act

Section 12

(name of person apprehended, if known) was apprehended on

(date) at (time) .

He/She was apprehended at (describe place and address).

I have reasonable and probable grounds to believe that

(

a) the person apprehended is suffering from mental disorder,

(

b) the person apprehended is

? likely to cause harm to the person or others or to suffer

substantial mental or physical deterioration or serious

physical impairment,

? subject to a community treatment order and is not

complying with the community treatment order,

(

c) the person apprehended should be examined in the interests

of his/her own safety or the safety of others, and

(

d) the circumstances are such that to proceed under

section 10

of the Mental Health Act would be dangerous.

(Note: All four criteria above must be met.)

The grounds for my belief are:

Dated this day of , 20 .

(signature of peace officer)

(printed name of peace officer)

(badge number)

(detachment)

Form 12

Application for Review Panel Hearing

Mental Health Act

Sections 27(3), 29(2), 33 and 38(1) and

(1.1) To: (print name of chair of the review panel)

(address of chair)

I, (printed name of applicant) of (printed address of applicant), bearing

a relationship of (self, relative, guardian, agent, physician, other) to

(name of patient or person who is subject to a community treatment

order), apply

? under

section 27(3) of the Act for a review of the attached

Certificate of Incompetence to Make Treatment Decisions,

dated

and signed by .

? under

section 29(2) of the Act for an order directing that the

following treatment (nature of treatment) be administered to

(name of formal patient).

? under

section 33 of the Act for an order transferring (name of

patient) back to (name of correctional facility).

? under

section 38(1) of the Act for cancellation of admission

certificates or renewal certificates issued on (date of issue).

? under

section 38(1.1) of the Act for cancellation of the

community treatment order (issued/amended/renewed) on

(date of issue/amendment/renewal).

(Choose one and place an X in the appropriate box.)

Dated this day of , 20 .

(signature of applicant)

Notice

Mental Health Act

I (do) (do not) object to my nearest relative being informed of the

review panel hearings.

(signature of patient or person who is

subject to community treatment order)

(printed name of patient or person who is

subject to community treatment order)

Form 13

Notice of Hearing Before Review Panel

Mental Health Act

Section 40

Application received

by the review panel

(date)

Take notice that a hearing will be held

(Choose one and place an X in the appropriate box.)

? under

section 27(3) of the Act for a review of the physician's

opinion in the attached Certificate of Incompetence to Make

Treatment Decisions relating to (name of formal

patient) dated and signed by .

? under

section 29(2) of the Act for an order directing that the

following treatment (nature of treatment) may be

administered to (name of formal patient) .

? under

section 33 of the Act for an order transferring (name of

patient) back to a correctional facility.

? under

section 38(1) of the Act for cancellation of admission

certificates or renewal certificates relating to (name of formal

patient).

? under

section 38(1.1) of the Act for cancellation of the

community treatment order (issued/amended/renewed) on

(date of issue/amendment/renewal).

? under

section 39 of the Act for

(Choose one and place an X in the appropriate box.)

? cancellation of renewal certificates relating to (name

of formal patient), or

? cancellation of the community treatment order

relating to (name of person who is subject to the

community treatment order).

The review panel will hear the application on (date) at (time) at

(place) .

(date of issue)

(signature of chair of review panel)

(printed name of chair)

(address)

Form 17

Decision of Review Panel Regarding Admission

Certificates, Renewal Certificates or

Community Treatment Orders

Mental Health Act

Sections 38(1) and (1.1) and 41

(name of formal patient or person who is subject to the community

treatment order) (does) (does not) object to the nearest relative, (name

of nearest relative), receiving notice of the decision.

The review panel has heard and considered the application of (name of

applicant), bearing a relationship of (self, agent, guardian, other) to

(name of formal patient or person who is subject to the community

treatment order), and has decided

? to cancel the admission certificates or renewal certificates

relating to the person named above.

? to refuse to cancel the admission certificates or renewal

certificates relating to the person named above for the

following reasons: .

? to cancel the community treatment order relating to the

person named above.

? to refuse to cancel the community treatment order relating to

the person named above for the following reasons:

(Place an X in the appropriate box.)

Date of decision:

This decision may be appealed to the Court of Queen's Bench within

14 days after receipt of this decision.

(signature of chair of review panel)

(printed name of chair)

Form 18

Decision of Review Panel Regarding Renewal

Certificates and Community Treatment

Orders (Deemed Application)

Mental Health Act

Sections 39 and 41

(name of formal patient or person who is subject to the community

treatment order) (does) (does not) object to the nearest relative, (name

of nearest relative), receiving notice of the decision.

The review panel has heard and considered an application deemed by

section 39 of the Act to have been made by (name of formal patient or

person who is subject to community treatment order) and has decided

? to cancel the renewal certificates relating to the person

named above.

? to refuse to cancel the renewal certificates relating to the

person named above for the following reasons:

? to cancel the community treatment order relating to the

person named above.

? to refuse to cancel the community treatment order relating to

the person named above for the following reasons:

(Place an X in the appropriate box.)

Date of decision:

This decision may be appealed to the Court of Queen's Bench within

14 days after receipt of this decision.

(signature of chair of review panel)

(printed name of chair)

6 The following forms are added to the

Schedule after

Form 18:

Form 19

Issuance of Community Treatment Order

Mental Health Act

Section 9.1

PART I

Issuing Psychiatrist's Examination

Name of person:

Address (if known):

Phone (if known):

Date of Birth: Personal Health Care Number:

I, (print name of psychiatrist or designated physician) of (business

address), (phone number), am:

? a psychiatrist;

? acting as a designated physician pursuant to

section 9.7 of the

Mental Health Act, and I confirm I have consulted with a

psychiatrist prior to the issuance of this community treatment

order,

and I am the issuing psychiatrist of this community treatment order.

I certify that I personally examined this person on (date) at (time) at

(place of examination) with the following results:

1. The person examined

(

a) in my opinion, is suffering from mental disorder,

(

b) has

? during the immediately preceding 3-year period, on 2 or

more occasions, or for a total of at least 30 days,

? been a formal patient in a facility,

? been in an approved hospital or been lawfully

detained in a custodial institution where there is

satisfactory evidence that while there the person

would have met the criteria set out in

section 2(

a) and (

b) of the Mental Health Act at the time or

those times,

? both been a formal patient in a facility and been in

an approved hospital or lawfully detained in a

custodial institution where there is satisfactory

evidence that while there the person would have

met the criteria set out in

section 2(

a) and (

b) of

the Mental Health Act at the time or those times,

? within the immediately preceding 3-year period, been

subject to a community treatment order,

? in my opinion while living in the community, exhibited

a pattern of recurrent or repetitive behaviour that

indicates the person is likely to cause harm to the person

or others or to suffer substantial mental or physical

deterioration or serious physical impairment if the

person does not receive continuing treatment or care

while living in the community,

(

c) in my opinion, is likely to cause harm to the person or others

or to suffer substantial mental or physical deterioration or

serious physical impairment if the person does not receive

continuing treatment or care while living in the community,

and

(

d) is able to comply with the treatment or care set out in this

community treatment order.

2. The facts on which I formed the above opinions are as follows:

3. I am satisfied that the treatment or care set out in

Part III of this

community treatment order exists in the community, is available to the

person and will be provided to the person.

(signature of issuing psychiatrist) (date and time)

PART II

Second Examination by Physician

Name of person:

Address (if known):

Phone (if known):

Date of Birth: Personal Health Care Number:

I, (print name of physician) of (business address), certify that I

personally examined this person on (date) at (time) at (place of

examination) with the following results:

1. The person examined

(

a) in my opinion, is suffering from mental disorder,

(

b) has

? during the immediately preceding 3-year period, on 2 or

more occasions, or for a total of at least 30 days,

? been a formal patient in a facility,

? been in an approved hospital or been lawfully

detained in a custodial institution where there is

satisfactory evidence that while there the person

would have met the criteria set out in

section 2(

a) and (

b) of the Mental Health Act at the time or

those times,

? both been a formal patient in a facility and been in

an approved hospital or lawfully detained in a

custodial institution where there is satisfactory

evidence that while there the person would have

met the criteria set out in

section 2(

a) and (

b) of

the Mental Health Act at the time or those times,

? within the immediately preceding 3-year period, been

subject to a community treatment order,

? in my opinion, while living in the community, exhibited

a pattern of recurrent or repetitive behaviour that

indicates the person is likely to cause harm to the person

or others or to suffer substantial mental or physical

deterioration or serious physical impairment if the

person does not receive continuing treatment or care

while living in the community,

(

c) in my opinion, is likely to cause harm to the person or others

or to suffer substantial mental or physical deterioration or

serious physical impairment if the person does not receive

continuing treatment or care while living in the community,

and

(

d) is able to comply with the treatment or care set out in this

community treatment order.

2. The facts on which I formed the above opinions are as follows:

3. I am satisfied that the treatment or care set out in

Part III of this

community treatment order exists in the community, is available to the

person and will be provided to the person.

(signature of physician) (date and time)

PART III

Treatment and Care Plan

Name of person:

Address (if known):

Phone (if known):

Date of Birth: Personal Health Care Number:

The person who is subject to this community treatment order must

1. take the following medications (which may be adjusted where

indicated by clinical need):

? ,

? see attached list.

2. attend the following appointments with, accept telephone contact or

home visits from or receive treatment or care from the following

provider(

s) or the provider's designate:

Provider Name: ___________ Contact Phone Number: _________

Profession/Role: ________________________________________

Description of Treatment or Care:

Location (if applicable):

Date/Time or Frequency (if applicable):

(signature of provider or person (date)

authorized by regional health authority)

(Where treatment or care is provided by a regional health

authority provider, a person authorized by the regional

health authority must sign the Plan before it is issued. Where

treatment or care is provided by a provider other than a

regional health authority provider, that provider must sign

the Plan before it is issued.)

Reporting obligations

In accordance with the Community Treatment Order Regulation,

providers of treatment or care to the person who is subject to this

community treatment order are required to report any failure by

the person who is subject to the community treatment order to

comply with the Treatment and Care Plan by

(

a) completing Form 27, and

(

b) submitting the completed Form 27 to the appropriate

regional health authority within 24 hours of the time at

which the provider became aware of the failure to comply.

PART IV

Person Responsible for Supervision of

Community Treatment Order

Name of person:

Address (if known):

Phone (if known):

Date of Birth: Personal Health Care Number:

The person responsible for the supervision of this community

treatment order is

? the issuing psychiatrist, or

? (name of physician who is responsible for the supervision of

community treatment order)

I, (print name of physician) of (business address), (phone number), am

responsible for the supervision of this community treatment order.

(signature of issuing psychiatrist (date)

or supervising physician)

PART V

Consent

Name of person:

Address (if known):

Phone (if known):

Date of Birth: Personal Health Care Number:

? Consent by person who is subject to community treatment

order

I, _______________________________________, am the person

subject to this community treatment order and I consent to the issuing

of this community treatment order.

___________________________________________________

(signature)

___________________________________________________

(date)

? Consent by substitute decision-maker

I, (print name of substitute decision-maker) am the person

authorized under

section 28(1) of the Mental Health Act to make

treatment decisions on behalf of the person who is subject to this

community treatment order and I hereby consent to the issuing of this

community treatment order.

___________________________________________________

(signature of substitute decision-maker)

___________________________________________________

(date)

? No consent

I, the issuing psychiatrist, have not obtained consent to the issuing of

this community treatment order. I am of the opinion that the person

who is subject to this community treatment order has, while living in

the community, exhibited a history of not obtaining or continuing with

treatment or care that is necessary to prevent the likelihood of harm to

others, and the issuance of a community treatment order is reasonable

in the circumstances and would be less restrictive than retaining the

person as a formal patient.

_____________________________________________

(signature of issuing psychiatrist)

Form 20

Renewal of Community Treatment Order

Mental Health Act

Section 9.3

Name of person:

Address (if known):

Phone (if known):

Date of Birth: Personal Health Care Number:

I, (print name of psychiatrist or designated physician) of (business

address), (phone number), am:

? a psychiatrist;

? acting as a designated physician pursuant to

section 9.7 of the

Mental Health Act and I confirm I have consulted with a

psychiatrist prior to the renewal of this community treatment

order,

and I am the issuing psychiatrist in relation to the renewal of this

community treatment order.

I certify that I personally examined this person on (date) at

(time) at (place of examination) with the following results:

1. The person examined

(

a) in my opinion, continues to suffer from mental disorder,

(

b) is currently subject to a community treatment order,

(

c) in my opinion, is likely to cause harm to the person or others

or to suffer substantial mental or physical deterioration or

serious physical impairment if the person does not receive

continuing treatment or care while living in the community,

and

(

d) is able to comply with the treatment or care set out in this

community treatment order.

2. The facts on which I formed the above opinions are as follows:

3. I am satisfied that the treatment or care set out in

Part III of this

renewal exists in the community, is available to the person and will

be provided to the person.

(signature of issuing psychiatrist) (date and time)

PART II

Second Examination by Physician

Name of person:

Address (if known):

Phone (if known):

Date of Birth: Personal Health Care Number:

I, (print name of physician) of (business address), (phone number),

certify that I personally examined this person on (date) at (time) at

(place of examination) with the following results:

1. The person examined

(

a) in my opinion, continues to suffer from mental disorder,

(

b) is currently subject to a community treatment order,

(

c) in my opinion, is likely to cause harm to the person or others

or to suffer substantial mental or physical deterioration or

serious physical impairment if the person does not receive

continuing treatment or care while living in the community,

and

(

d) is able to comply with the treatment or care set out in this

community treatment order.

2. The facts on which I formed the above opinions are as follows:

3. I am satisfied that the treatment or care set out in

Part III of this

renewal exists in the community, is available to the person and will

be provided to the person.

(signature of physician) (date and time)

PART III

Treatment and Care Plan

Name of person:

Address (if known):

Phone (if known):

Date of Birth: Personal Health Care Number:

The person who is subject to this community treatment order must

1. take the following medications (which may be adjusted where

indicated by clinical need):

? see attached list.

2. attend the following appointments with, accept telephone contact

or home visits from or receive treatment or care from the following

provider(

s) or the provider's designate:

Provider Name: ___________ Contact Phone Number: _________

Profession/Role: ________________________________________

Description of Treatment or Care:

Location (if applicable):

Date/Time or Frequency (if applicable):

(signature of provider or person (date)

authorized by regional health authority)

(Where treatment or care is provided by a regional health

authority provider, a person authorized by the regional

health authority must sign the Plan before it is issued. Where

treatment or care is provided by a provider other than a

regional health authority provider, that provider must sign

the Plan before it is issued.)

Reporting obligations

In accordance with the Community Treatment Order

Regulation, providers of treatment or care to the person who

is subject to this community treatment order are required to

report any failure by the person who is subject to the

community treatment order to comply with the Treatment

and Care Plan by

(

a) completing Form 27, and

(

b) submitting the completed Form 27 to the appropriate

regional health authority within 24 hours of the time at

which the provider became aware of the failure to

comply.

PART IV

Person Responsible for Supervision of

Community Treatment Order

Name of person:

Address (if known):

Phone (if known):

Date of Birth: Personal Health Care Number:

The person responsible for the supervision of this community

treatment order is

? the issuing psychiatrist, or

? (name of physician who is responsible for the supervision of

community treatment order)

I, (print name of physician) of (business address), (phone number),

am responsible for the supervision of this community treatment

order.

(signature of issuing psychiatrist (date)

or supervising physician)

PART V

Consent

Name of person:

Address (if known):

Phone (if known):

Date of Birth: Personal Health Care Number:

? Consent by person who is subject to community treatment

order

I, _______________________________________, am the person

subject to this community treatment order and I consent to the

renewal of this community treatment order.

(signature) (date)

? Consent by substitute decision-maker

I, (print name of substitute decision-maker) , am the person

authorized under

section 28(1) of the Mental Health Act to make

treatment decisions on behalf of the person who is subject to this

community treatment order and I hereby consent to the renewal of this

community treatment order.

___________________________________________________

(signature of substitute decision-maker)

___________________________________________________

(date)

? No consent

I, the issuing psychiatrist, have not obtained consent to the renewal

of this community treatment order. I am of the opinion that the

person who is subject to this community treatment order has, while

living in the community, exhibited a history of not obtaining or

continuing with treatment or care that is necessary to prevent the

likelihood of harm to others, and the renewal of the community

treatment order is reasonable in the circumstances and would be

less restrictive than retaining the person as a formal patient.

(signature of issuing psychiatrist) (date)

Form 21

Community Treatment Order

Amendments to Community Treatment Order

Mental Health Act

Section 9.4

Name of person:

Address (if known):

Phone (if known):

Date of birth: Personal Health Care Number

I, (print name of psychiatrist or designated physician) of (business

address), (phone number), am

? a psychiatrist;

? acting as a designated physician pursuant to

section 9.7 of the

Mental Health Act and I confirm I have consulted with a

psychiatrist prior to the amendment of this community

treatment order,

and I am the issuing psychiatrist of this amended community

treatment order.

I amend the community treatment order for this person by

? amending the name of the person responsible for supervision of

the community treatment order as follows:

Effective on the date below I, (print name of physician) of

(business address), (phone number), am responsible for the

supervision of this community treatment order.

(signature of supervising physician) (effective date)

? amending the treatment and care plan as follows:

The person who is subject to this community treatment order

must

1. take the following medications (which may be adjusted

according to clinical need):

? see attached list.

2. attend the following appointments with, accept telephone

contact or home visits from, or receive treatment or care from

the following provider(

s) or the provider's designate:

Provider Name: ______ Contact Phone Number: ______

Profession/Role: ________________________________

Description of Treatment or Care:

Location (if applicable):

Date/Time or Frequency (if applicable):

(signature of provider or person (date)

authorized by regional health authority)

(Where treatment or care is provided by a regional health

authority provider, a person authorized by the regional

health authority must sign the Plan before it is issued. Where

treatment or care is provided by a provider other than a

regional health authority provider, that provider must sign

the Plan before it is issued.)

3. the person who is subject to the community treatment

order is no longer required to .

I have explained the above amendment(

s) to

? the person who is subject to this community treatment order,

? the substitute decision-maker for the person who is subject to this

community treatment order.

(signature of psychiatrist (date)

or designated physician)

Reporting obligations

In accordance with the Community Treatment Order Regulation,

providers of treatment or care to the person who is subject to this

community treatment order are required to report any failure by

the person who is subject to the community treatment order to

comply with the Treatment and Care Plan by

(

a) completing Form 27, and

(

b) submitting the completed Form 27 to the appropriate

regional health authority within 24 hours of the time at

which the provider became aware of the failure to comply.

Form 22

Community Treatment Order

Cancellation or Expiry

Mental Health Act

Section 9.5

Name of person:

Address (if known):

Phone (if known):

Date of Birth: Personal Health Care Number:

? Cancellation of community treatment order

I, (name of psychiatrist or designated physician) of (business

address), (phone number), am:

? a psychiatrist,

? acting as a designated physician pursuant to

section 9.7 of the

Mental Health Act, and I confirm I have consulted with a

psychiatrist prior to the cancellation of this community

treatment order,

AND

I cancel this person's community treatment order because

this person no longer meets the criteria specified in

section

9.1(1)(

b) to (

d) of the Mental Health Act.

? Expiry of community treatment order

This person's community treatment order has expired.

Continued treatment recommendation (if applicable):

I recommend continued treatment and care as follows:

______________________________________________________

(signature of physician) (date and time)

Notice:

You are no longer subject to a community treatment order

effective on the date and time written above. However, this form

may contain information about treatment and care that your

health care provider is recommending you continue to receive.

Form 23

Community Treatment Order

Apprehension Order

Mental Health Act

Section 9.6

To all or any peace officers in Alberta:

Name of person:

Address (if known):

Phone (if known):

Date of birth:

To all or any peace officers in Alberta:

I, (name of psychiatrist or designated physician) of (business

address), (phone number), am:

? a psychiatrist;

? acting as a designated physician pursuant to

section 9.7 of the

Mental Health Act, and I confirm I have consulted with a

psychiatrist prior to the issuance of this apprehension order,

and I have reasonable grounds to believe that (name of person who

is subject to community treatment order) has failed to comply with

his/her community treatment order. The reasons for my belief are

as follows:

I am satisfied that efforts that are reasonable in the circumstances have

been made to

(

a) inform the person who is named in this order that the person

has failed to comply with the person's community treatment

order,

(

b) inform the person of the possibility that I may issue an order

for apprehension and assessment of the person if the person

continues to fail to comply with the community treatment

order, and of the possible consequences of that assessment,

and

(

c) provide reasonable assistance to the person to comply with

the community treatment order,

and that the person continues to fail to comply with his/her community

treatment order.

This authorizes you to

(

a) apprehend the person who is named in this order and to

convey the person to (name of facility) for an examination,

(

b) take reasonable measures, including the entering of premises

and the use of physical restraint, to apprehend the person

who is named in this order and to take the person into

custody for the purpose of conveying the person to the

facility, and

(

c) while the person is being conveyed to the facility, to care for,

observe, detain and control the person.

(signature of psychiatrist or designated physician) (date and time)

This apprehension order expires 30 days after the date of issue.

Form 24

Community Treatment Order

Examination on Apprehension

Mental Health Act

Section 9.6

Name of person:

Address (if known):

Phone (if known):

Date of birth: Personal Health Care Number:

I, (print name of psychiatrist, physician or designated physician) of

(business address), (phone number), am:

? a psychiatrist,

? acting as a designated physician pursuant to

section 9.7 of the

Mental Health Act, and I confirm I have consulted with a

psychiatrist respecting this community treatment order,

? a physician,

and I certify that I personally examined this person on (date) at

(time) at (place of examination) and have determined that

? the person's community treatment order should be cancelled

and the person should be released without being subject to a

community treatment order (also complete Form 22),

? the person's community order should be continued and

amendments to it are not necessary,

? the person's community treatment order should be continued

but amendments to it are necessary (also complete Form 21)

? the person's community treatment order should be cancelled

and admission certificates issued in accordance with sections

2 and 6 of the Mental Health Act (also complete Form 1).

(signature of psychiatrist, physician (date and time)

or designated physician)

Form 25

Community Treatment Order

Designation of Physician

Mental Health Act

Section 9.7

I, (name of person authorized by board or regional health authority to

make this designation) of (name of regional health authority), pursuant

section 9.7 of the Mental Health Act, designate the following

physician to act in the place of a psychiatrist for the purpose of issuing,

renewing, amending or cancelling a community treatment order or

issuing an apprehension order when no psychiatrist is available to

carry out those functions:

(name of designated physician)

(signature of person authorized by

board or regional health authority)

(date)

I acknowledge this designation and the requirement to consult with a

psychiatrist prior to exercising this authority.

(signature of designated physician)

Form 26

Community Treatment Order

Written Statement

Mental Health Act

Section 14(1.1)(

a) TO:

(Name of person)

Address (if known):

Phone (if known):

Date of Birth: Personal Health Care Number:

? You are now subject to a community treatment order (attach

Form 19) pursuant to

section 9.1 of the Mental Health Act. The

reason for issuance of the community treatment order is:

? The attached community treatment order has been renewed

(attach Form 20) pursuant to

section 9.3 of the Mental Health Act.

The reason for the renewal of the community treatment order is:

? Your community treatment order has been amended (attach

Form 21) pursuant to

section 9.4 of the Mental Health Act. The

reason for the amendment of the community treatment order is:

(signature of issuing psychiatrist) (date)

(phone number)

Important Information:

You have a right to apply to a review panel for cancellation of this

community treatment order.

You may apply for cancellation of this community treatment order

by filing an application with the chair of your review panel. An

application may be filed by you, your agent, your guardian or

another person on your behalf.

_____________________________________

Name of chair of appropriate review panel

________________________________

Address of appropriate review panel

Form 27

Community Treatment Order

Non-compliance Report

Mental Health Act

Section 9.1(2)(

f) Name of person:

Address (if known):

Phone (if known):

Date of Birth: Personal Health Care Number:

The person who is subject to this community treatment order has failed

to comply with the following requirements of the treatment or care

plan on the dates specified:

Date: _____________ Treatment or Care:

Date: _____________ Treatment or Care:

(signature of treatment or care provider) (date)

(print name of treatment or care provider)

(phone number)

Reporting obligations

In accordance with the Community Treatment Order Regulation,

providers of treatment or care to the person who is subject to this

community treatment order are required to report any failure by

the person who is subject to the community treatment order to

comply with the Treatment and Care Plan by

(

a) completing Form 27, and

(

b) submitting the completed Form 27 to the appropriate

regional health authority within 24 hours of the time at

which the provider became aware of the failure to comply.

7 This Regulation comes into force on the coming into

force of

section 8 of the Mental Health Amendment Act,

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

Alberta Regulation 343/2009

Government Organization Act

STORAGE TANK SYSTEM MANAGEMENT AMENDMENT REGULATION

Filed: December 16, 2009

For information only: Made by the Lieutenant Governor in Council (O.C. 641/2009)

on December 16, 2009 pursuant to

Schedule 10,

section 2 of the Government

Organization Act.

1 The Storage Tank System Management Regulation

(AR 254/2000) is amended by this Regulation.

Section 1 is amended

(

a) by repealing clause (

h) and substituting the

following:

(h) "Alberta Fire Code" means the Fire Code declared in

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

(

b) by repealing clause (

l) and substituting the

following:

(l) "Freedom of Information and Protection of Privacy

Coordinator" means an employee of the Government

designated by the Deputy Minister as a Freedom of

Information and Protection of Privacy Coordinator;

(

c) by adding the following after clause (m):

(m.1) "permit" means a permit referred to in

section 10 of the

Permit Regulation (AR 204/2007);

Section 2 is repealed and the following is substituted:

Delegation

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

respect to

Article 2.2.3.1 and Subsection 2.2.5 of

Part 2, Division C

of the Alberta Fire Code are delegated to the Association.

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

authority having jurisdiction with respect to storage tank systems are

delegated to the Association with respect to the following:

(

a) the acceptance of longer intervals between inspections and

tests;

(

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

plans, drawings and specifications;

(

c) the assignment of site sensitivity classifications;

(

d) the receipt of notification of leaks and spills;

(

e) the receipt of notification of underground storage tanks being

taken out of service for a period exceeding 180 days;

(

f) the receipt of notification of the reactivation of underground

storage tanks;

(

g) the receipt of notification of the removal of underground

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

service for more than 2 years;

(

h) the receipt of notification that soil is contaminated where

underground tanks have been removed, the receipt of reports

showing the extent of the soil contamination and acceptance

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

(

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

(

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

storage tanks.

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

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

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

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

function under subsection (2).

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

within the boundaries of an accredited municipality or accredited

regional services commission, or within the geographical area where

an accredited corporation has jurisdiction.

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

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

delegated under this Regulation.

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

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

Regulation or the Administration Agreement, the Minister may

direct a safety codes officer to exercise the powers and perform the

duties and functions of the Association, including providing services

with respect to permits issued by the Association.

Section 4(1)(

d) is amended by striking out "Freedom of

Information Coordinator" and substituting "Freedom of

Information and Protection of Privacy Coordinator".

Section 7(2)(

f) is amended by striking out "Freedom of

Information Coordinator" and substituting "Freedom of

Information and Protection of Privacy Coordinator".

Section 9 is repealed.

Section 10 is amended by striking out "December 31, 2009"

and substituting "November 30, 2014".

8 This Regulation comes into force on January 1, 2010.

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

Alberta Regulation 344/2009

Municipal Government Act

BUSINESS TAX EXEMPTION (LEGISLATIVE ASSEMBLY

OFFICE) REGULATION

Filed: December 16, 2009

For information only: Made by the Lieutenant Governor in Council (O.C. 643/2009)

on December 16, 2009 pursuant to

section 603 of the Municipal Government Act.

Definition

1 In this Regulation, "Act" means the Municipal Government Act.

Exemption

2 A constituency office of a Member of the Legislative Assembly or

any other office used by one or more Members of the Legislative

Assembly to carry out their duties and functions as Members is exempt

from taxation under

Part 10, Division 3 of the Act.

Expiry

3 This Regulation is made under

section 603(1) of the Act and is

subject to repeal under

section 603(2) of the Act.

Coming into force

4 This Regulation comes into force on January 1, 2010.

Alberta Regulation 345/2009

Teachers' Pension Plans Act

TEACHERS' PENSION PLANS (LEGISLATIVE PROVISIONS) (PRE-1992

UNFUNDED LIABILITY, ETC., 2009) AMENDMENT REGULATION

Filed: December 16, 2009

For information only: Made by the Lieutenant Governor in Council (O.C. 644/2009)

on December 16, 2009 pursuant to

section 23 of the Teachers' Pension Plans Act.

1 The Teachers' Pension Plans (Legislative Provisions)

Regulation (AR 204/95) is amended by this Regulation.

Section 1(2) is repealed.

Section 2 is amended

(

a) in subsection (2)

(

i) by striking out "subsection (4) and";

(ii) by striking out "the term of 4 years" and

substituting "such term, not exceeding 4 years, as is

fixed in relation to that member by the Lieutenant

Governor in Council";

(

b) in subsection (3)

(

i) by striking out "Subject to subsection (4), a" and

substituting "A";

(ii) by striking out "the term of 4 years" and

substituting "such term, not exceeding 4 years, as is

fixed in relation to that member by the Lieutenant

Governor in Council";

(

c) by repealing subsection (4).

Section 12 is amended

(

a) in subsection (1) by adding "Education" before

"Minister";

(

b) in subsection (4) by striking out ", 16(2), (6) or (7) or

19(4)" and substituting "or 16(2)".

5 The following is added after

section 12:

Interest rate - payment of post-1992 assets to post-1992 fund

12.1 The rate of interest prescribed for the purposes of

section

19.2(2) of the Act is 0.30% per year.

Plan costs

12.2 The costs and expenses prescribed for the purposes of

section

19.3(

a) of the Act are any investment costs related to the pre-1992

fund and the costs of valuations, extrapolations, reports, projections

and analyses referred to in

section 14(1)(d), (

e) and (f).

Section 14 is amended

(

a) in subsection (1)

(

i) in clause (

a) by adding "Education Minister, the

Finance" before "Minister";

(ii) in clause (b)

(

A) by adding "Education Minister, the Finance"

before "Minister";

(

B) by striking out "and" at the end;

(iii) in clause (

c) by adding "Education Minister, the

Finance" before "Minister";

(iv) by adding the following after clause (c):

(

d) at least every 3 years, have an actuarial valuation

performed of the pre-1992 benefits, with related

cash-flow projections, and forthwith thereafter

provide to the Finance Minister the actuarial

valuation report on that valuation, with those

projections,

(

e) each year, have an actuarial extrapolation

performed of the pre-1992 benefits as at March 31,

based on the assumptions recommended by the

Finance Minister, and forthwith thereafter provide

to the Finance Minister the actuarial extrapolation

report on that extrapolation, and

(

f) on being so requested in writing by the Finance

Minister, provide to the Finance Minister any

analysis or report relating to the pre-1992 benefits,

forthwith after its completion or the making of the

request, whichever is the later.

(

b) in subsection (2) by adding "Education Minister or the

Finance" before "Minister".

Section 20(6) is amended by striking out the comma

after "used" and all the words from "based on" to the end of

the subsection.

Section 22(1) and (2) are amended by striking out

"Minister" and substituting "Education Minister and the Finance

Minister".

Section 27(2) is repealed.

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

Alberta Regulation 346/2009

Engineering, Geological and Geophysical Professions Act

GENERAL AMENDMENT REGULATION

Filed: December 16, 2009

For information only: Approved by the Lieutenant Governor in Council (O.C.

645/2009) on December 16, 2009 pursuant to

section 19 of the Engineering,

Geological and Geophysical Professions Act and made by the Deputy Registrar of

Professional Engineers, Geologists and Geophysicists of Alberta on November 30,

2009 pursuant to

section 19 of the Engineering, Geological and Geophysical

Professions Act.

1 The General Regulation (AR 150/99) is amended by this

Regulation.

Section 10 is amended by renumbering it as

section

10(1) and by adding the following after subsection (1):

(2) Notwithstanding subsection (1), an applicant is entitled to be

registered as a member-in-training if

(

a) the applicant is of good character and reputation, and

(

b) the applicant is registered and in good standing with a

professional regulatory organization under

an Act of another

province or territory of Canada to perform an occupation

that, in the opinion of the Board of Examiners, is

substantially equivalent, in terms of scope of practice and

competencies, to that of a member-in-training.

Section 13(2) is repealed and the following is

substituted:

(2) Notwithstanding subsection (1), an applicant is entitled to be

registered as a professional member if

(

a) the applicant is of good character and reputation, and

(

b) the applicant is registered and in good standing with a

professional regulatory organization under

an Act of another

province or territory of Canada to perform an occupation

that, in the opinion of the Board of Examiners, is

substantially equivalent, in terms of scope of practice and

competencies, to that of a professional member.

Section 14 is amended by renumbering it as

section

14(1) and by adding the following after subsection (1):

(2) Notwithstanding subsection (1), an applicant is entitled to be

registered as a licensee if

(

a) the applicant is of good character and reputation, and

(

b) the applicant is registered and in good standing with a

professional regulatory organization under

an Act of another

province or territory of Canada to perform an occupation

that, in the opinion of the Board of Examiners, is

substantially equivalent, in terms of scope of practice and

competencies, to that of a licensee.

Section 14.1 is amended by adding the following after

subsection (1):

(1.1) Notwithstanding subsection (1), an applicant is entitled to be

registered as a provisional licensee if

(

a) the applicant is of good character and reputation, and

(

b) the applicant is registered and in good standing with a

professional regulatory organization under

an Act of another

province or territory of Canada to perform an occupation

that, in the opinion of the Board of Examiners, is

substantially equivalent, in terms of scope of practice and

competencies, to that of a provisional licensee.

Alberta Regulation 347/2009

Professional and Occupational Associations Registration Act

MUNICIPAL ASSESSOR REGULATION

Filed: December 16, 2009

For information only: Approved by the Lieutenant Governor in Council

(O.C. 646/2009) on December 16, 2009 pursuant to

section 14 of the Professional and

Occupational Associations Registration Act and made by the Alberta Assessors'

Association on May 2, 2008 pursuant to

section 14 of the Professional and

Occupational Associations Registration Act.

Table of Contents

Definitions

2 Registration Committee

3 Registers

4 Powers and duties of Registration Committee

5 Review of application

6 Proof of registration

7 Payment of fees

8 Continuing education

9 Registration as Candidate Member

10 Registration as Accredited Municipal Assessor of Alberta

11 Annual membership card

12 Practice Review Committee

13 Powers and duties of Practice Review Committee

14 Notice

15 Reports and recommendations

16 Discipline Committee

17 Written complaint

18 Costs

19 Cancellation and suspension

20 Non-payment of fees, etc.

21 Cancellation on request

22 Notice of cancellation or suspension

23 Use of title

24 Code of conduct and ethics

25 Transitional

26 Repeal

27 Expiry

Definitions

1 In this Regulation,

(a) "Accredited Municipal Assessor of Alberta" means a person

whose name is entered in the register of Accredited

Municipal Assessors of Alberta;

(b) "Act" means the Professional and Occupational Associations

Registration Act;

(c) "Association" means the Alberta Assessors' Association;

(d) "Association Registrar" means the Association Registrar

appointed under the bylaws;

(e) "bylaws" means the bylaws of the Association;

(f) "Candidate Member" means a person whose name is entered

in the register of Candidate Members;

(g) "Discipline Committee" means the Discipline Committee

established under

section 16;

(h) "education credits" means education credits granted by the

Practice Review Committee under

section 8(2);

(i) "Executive Committee" means the Executive Committee of

the Association established under the bylaws;

(j) "practice of assessment" means specialized consulting

services in real property appraisal, assessment administration

and tax policy and, without limitation, includes the

following:

(

i) preparing property and business assessment using

legislative mass appraisal and single property appraisal

standards, policies and procedures;

(ii) communicating or explaining assessments to property

owners and the administration of public relations

programs related to understanding the assessment

process and the role of the property tax in funding

government services;

(iii) the formulation, advocacy and development of

assessment legislation, policy and standards;

(iv) providing expert testimony, evidence, argument and

case management services in the administration of

assessment tribunals and other courts of law in their

review of assessments;

(

v) providing services as a member of an assessment

tribunal member;

(vi) the design, development and delivery of assessment

training, education, workplace learning and professional

development courses and seminars;

(vii) the management and administration of assessment

service operations, and the internal and external

auditing of those operations;

(viii) the analysis of assessment data elements, development

of data standards and the collection of assessment data;

(ix) computer assisted system designs and implementation

in mass appraisal systems and related geographic

information systems or information management

systems;

(

x) the development of appraisal software and construction

cost and valuation manuals;

(xi) the administration and implementation of discretionary

property tax exemption programs;

(k) "Practice Review Committee" means the Practice Review

Committee established under

section 12;

(l) "President" means the President of the Association appointed

under the bylaws;

(m) "reciprocal association" means an association that in the

opinion of the Executive Committee is equivalent to the

Association;

(n) "Registration Committee" means the Registration Committee

established under

section 2;

(o) "Regulated Member" means an Accredited Municipal

Assessor of Alberta or a Candidate Member.

Registration Committee

2(1) The Registration Committee is established consisting of

(

a) one Accredited Municipal Assessor of Alberta who is a

member of the Executive Committee,

(

b) at least 3 other Accredited Municipal Assessors of Alberta

who are not members of the Executive Committee, one of

whom must be appointed by the President as chair, and

(

c) the Association Registrar.

(2) The members of the Registration Committee must be appointed by

the President in accordance with the bylaws.

(3) The Association Registrar is a non-voting member of the

Registration Committee.

(4) The Registration Committee must meet at the call of the chair.

(5) A quorum at a meeting of the Registration Committee is 3 voting

members.

Registers

3(1) The Association Registrar must maintain, in accordance with this

Regulation, and subject to the direction of the Executive Committee,

(

a) a register of Accredited Municipal Assessors of Alberta, and

(

b) a register of Candidate Members.

(2) The Association Registrar must enter in the appropriate register

(

a) the name of an individual who has paid the fee prescribed by

the bylaws and whose registration has been approved by the

Registration Committee or the Executive Committee, and

(

b) the mailing address of that individual.

Powers and duties of Registration Committee

4(1) The Registration Committee must consider applications from

persons to become Regulated Members of the Association in

accordance with this Regulation and the bylaws and may

(

a) approve the registration,

(

b) refuse to approve the registration, or

(

c) defer approval until the applicant has fulfilled either or both

of the following:

(

i) passed examinations or completed course work as

required by the Registration Committee;

(ii) completed any further type and term of experience

required by the Registration Committee in order to

satisfy the requirements of

(

A) section 9, in the case of a person applying to

become a Candidate Member, or

(

B) section 10, in the case of a person applying to

become an Accredited Municipal Assessor of

Alberta.

(2) The Registration Committee must send a written notice of any

decision made by it to the applicant.

(3) If the decision made by the Registration Committee is to refuse the

registration of the applicant, the Registration Committee must send the

applicant written reasons for the decision.

Review of application

5(1) An applicant whose application for registration is refused by the

Registration Committee may, by notice in writing served on the

Association Registrar within 30 days of receiving a notice of refusal

and the reasons for it, appeal the refusal to the Executive Committee.

(2) The notice of appeal must set out the reasons why, in the

applicant's opinion, the application for registration should be

approved.

(3) An applicant who appeals a decision of the Registration

Committee under this

section

(

a) must be notified in writing by the Association Registrar of

the date, place and time that the Executive Committee will

hear the appeal, and

(

b) is entitled to appear with counsel or an agent and make

representations to the Executive Committee when it hears the

appeal.

(4) A member of the Registration Committee who is also a member of

the Executive Committee may participate in the appeal but may not

(

a) vote on a decision of the Executive Committee under this

section, or

(

b) be counted for the purposes of a quorum of the Executive

Committee when it hears the appeal.

(5) On hearing an appeal under this section, the Executive Committee

may make any decision the Registration Committee may make, and

must give written notice of its decision to the applicant.

Proof of registration

6 On entering the name of a Regulated Member in the appropriate

register, the Association Registrar must issue proof of registration to

that person.

Payment of fees

7(1) A Regulated Member must pay the annual fee prescribed by the

bylaws to the Association Registrar or to any person authorized by the

Association Registrar to accept payment of the fee.

(2) A Regulated Member who applies for a renewal of registration

after the annual renewal date prescribed by the Executive Committee

must pay the late renewal fee prescribed by the bylaws to the

Association Registrar or to any person authorized by the Association

Registrar to accept payment of the fee.

(3) The Executive Committee may waive, in whole or in part, a late

renewal fee imposed under subsection (2) on being satisfied that it is

appropriate to do so in the circumstances.

Continuing education

8(1) In this section, "developmental activity" means an activity that

enhances an Accredited Municipal Assessor of Alberta's knowledge of

or proficiency in the practice of assessment.

(2) The Practice Review Committee may grant education credits to an

Accredited Municipal Assessor of Alberta for the satisfactory

completion of a developmental activity.

(3) For the purpose of granting education credits pursuant to

subsection (2), the Executive Committee must establish a

schedule

setting out the number of credits assigned to each developmental

activity.

Registration as Candidate Member

9(1) Subject to subsection (2), an applicant is entitled to be registered

as a Candidate Member if the applicant

(

a) is 18 years of age or older,

(

b) is lawfully authorized to work in Canada,

(

c) provides evidence of good character and reputation,

(

d) is engaged in the practice of assessment,

(

e) provides written confirmation of the applicant's sponsorship

by an Accredited Municipal Assessor of Alberta,

(

f) pays the application fee in accordance with the bylaws,

(

g) has a high school diploma or a substantively equivalent

diploma, and

(

h) is working to meet the requirement set out in

section

10(e)(i)(A).

(2) Unless otherwise authorized by the Registration Committee, a

person may only be a Candidate Member for 8 years.

Registration as Accredited Municipal Assessor of Alberta

10 An applicant is entitled to be registered as an Accredited

Municipal Assessor of Alberta if the applicant

(

a) is lawfully authorized to work in Canada,

(

b) provides evidence of good character and reputation,

(

c) forwards a completed Application for Accreditation to the

Registration Committee,

(

d) has successfully completed the Alberta assessment legislation

examinations as approved by the Registration Committee,

(

e) meets one of the following requirements:

(

i) the applicant produces documentation satisfactory to the

Registration Committee showing that the applicant

(

A) has obtained a diploma or degree from a

post-secondary educational property valuation

program approved by the Executive Committee,

(

B) has knowledge, acceptable to the Registration

Committee, of the specific legislative and

regulatory requirements and responsibilities of

assessors in Alberta,

(

C) has been a Candidate Member for at least the

12-month period immediately preceding the

application,

(

D) has at least 48 months' experience in the practice

of assessments acceptable to the Registration

Committee, and

(

E) has successfully completed any examinations and a

Property Demonstration Report required by the

Registration Committee;

(ii) the applicant is registered in good standing with a

reciprocal association that is recognized by the

Executive Committee as having substantively

equivalent competence and practice requirements;

(iii) the applicant has satisfied the Registration Committee

as having a combination of education, training,

experience, examinations and other qualifications that

demonstrate the competence required for registration as

an Accredited Municipal Assessor of Alberta,

and

(

f) pays the application fee in accordance with the bylaws.

Annual membership card

11(1) The Association Registrar must issue an annual membership

card to an Accredited Municipal Assessor of Alberta

(

a) who has been engaged in the practice of assessment for a

period of not less than 6 months during the preceding

24-month period,

(

b) who, in each professional development cycle, as determined

by the Executive Committee, has obtained sufficient

education credits in accordance with policy as established by

the Association and approved by the Executive Committee,

(

c) whose registration is not under suspension or cancelled, and

(

d) who has paid the annual fee in accordance with the bylaws.

(2) Despite subsection (1)(b), if an Accredited Municipal Assessor of

Alberta has not obtained sufficient education credits in accordance

with that provision, the Registration Committee may nevertheless

direct the Association Registrar to issue an annual membership card to

the Accredited Municipal Assessor of Alberta subject to any conditions

that the Registration Committee considers appropriate with respect to

the completion of the requirements.

(3) The Association Registrar must issue an annual membership card

to a Candidate Member

(

a) who has been engaged in the practice of assessment for a

period of not less than 6 months during the preceding

24-month period,

(

b) whose registration is not under suspension or cancelled, and

(

c) who has paid the annual fee in accordance with the bylaws.

(4) If the Registration Committee directs the Association Registrar not

to issue an annual membership card to an Accredited Municipal

Assessor of Alberta or to a Candidate Member,

(

a) the Registration Committee must send the Accredited

Municipal Assessor of Alberta or the Candidate Member, as

the case may be, written reasons for the refusal, and

(

b) the Accredited Municipal Assessor of Alberta or the

Candidate Member, as the case may be, may appeal the

refusal to the Executive Committee.

(5) Section 5 applies, with all necessary modifications, to an appeal

under subsection (4).

(6) An annual membership card expires on the date prescribed in the

bylaws.

Practice Review Committee

12(1) The Practice Review Committee is established consisting of

(

a) one Accredited Municipal Assessor of Alberta who is a

member of the Executive Committee, and

(

b) at least 3 other Accredited Municipal Assessors of Alberta

who are not members of the Executive Committee, one of

whom must be appointed by the President as chair.

(2) The members of the Practice Review Committee must be

appointed by the President in accordance with the bylaws.

(3) The Practice Review Committee must meet at the call of the chair.

(4) A quorum at a meeting of the Practice Review Committee is 3

voting members.

Powers and duties of Practice Review Committee

13 The Practice Review Committee

(

a) may, on its own initiative, and must, at the request of the

Executive Committee, inquire into, report to and advise the

Executive Committee in respect of

(

i) the evaluation and development of education standards

and experience requirements that are conditions

precedent to registration as an Accredited Municipal

Assessor of Alberta,

(ii) the evaluation of desirable standards of competence for

the practice of assessment generally,

(iii) the evaluation and development of continuing education

programs for the upgrading and enrichment of

Accredited Municipal Assessors of Alberta,

(iv) the identification of reciprocal associations, and the

equivalency of their membership requirements,

(

v) any other matters that the Executive Committee

considers necessary or appropriate in connection with

the exercise of its powers and the performance of its

duties in relation to competence in the practice of

assessment under this Regulation, and

(vi) the practice of assessment generally,

and

(

b) may, with the approval of the Executive Committee, conduct

a review of the practice of a Regulated Member.

Notice

14 The Practice Review Committee must give reasonable notice to a

Regulated Member of its intention to conduct a review of the practice

of the Regulated Member.

Reports and recommendations

15 After each inquiry or review under

section 13, the Practice

Review Committee

(

a) must make a written report to the Executive Committee on

the inquiry or review and, where appropriate, on its decision,

(

b) may make recommendations to the Executive Committee

regarding the matter inquired into or reviewed, together with

reasons,

(

c) may make recommendations to a Regulated Member as to

that member's conduct in the practice of assessment, and

(

d) must, if it is of the opinion that the conduct of a Regulated

Member constitutes or may constitute

(

i) unskilled practice of the profession, or

(ii) professional misconduct within the meaning of

section

19 of the Act,

immediately refer the matter relating to that conduct to the

chair of the Discipline Committee to be dealt with under

Part

3 of the Act.

Discipline Committee

16(1) The Discipline Committee is established consisting of

(

a) one Accredited Municipal Assessor of Alberta who is a

member of the Executive Committee, and

(

b) at least 3 other Accredited Municipal Assessors of Alberta

who are not members of the Executive Committee, one of

whom must be appointed by the President as chair.

(2) The members of the Discipline Committee must be appointed by

the President in accordance with the bylaws.

(3) The Discipline Committee must meet at the call of the chair.

(4) A quorum at a meeting of the Discipline Committee is 3 voting

members.

Written complaint

17 A person who wishes to submit a complaint must, in accordance

with

section 20 of the Act, make it in writing, sign it and submit it to

the chair of the Discipline Committee.

Costs

18(1) The Discipline Committee, with respect to hearings before it,

and the Executive Committee, with respect to reviews by it, may order

the investigated person to pay the following costs:

(

a) the fee payable to the counsel advising the Discipline

Committee or Executive Committee at the hearing or review

and the fee payable to the counsel acting in a prosecutory

role at the hearing or review;

(

b) the cost of recording the evidence and preparing transcripts;

(

c) the expenses of the members constituting the Discipline

Committee, including, without limitation, the daily

allowances of those members;

(

d) any other expenses incurred by the Association that are

incidental to the hearing or review.

(2) If the Executive Committee determines under

section 22(3)(

a) of

the Act that a complaint is frivolous or vexatious, it may order the

complainant to pay the following costs:

(

a) the fee payable to the counsel advising the Executive

Committee at any hearing held by the Executive Committee;

(

b) any other expenses incurred by the Association that are

incidental to any hearing held by the Executive Committee.

Cancellation and suspension

19(1) The registration of a Regulated Member is cancelled or

suspended when the decision to cancel or suspend the registration is

made in accordance with the Act or this Regulation.

(2) The Association Registrar must enter a memorandum of the

cancellation or suspension of the registration in the appropriate register

indicating

(

a) the date of the cancellation or suspension,

(

b) the period of the suspension, and

(

c) the nature of any finding under

Part 3 of the Act.

(3) If the registration of a Regulated Member is cancelled, the person

whose registration is cancelled must, on request, surrender to the

Association Registrar all documents relating to the registration.

Non-payment of fees, etc.

20(1) The Executive Committee must direct the Association Registrar

to suspend or cancel the registration of a Regulated Member who is in

default of payment of annual fees, penalties, costs or any other fees,

dues or levies payable under the Act, this Regulation or the bylaws

after the expiration of 30 days following the service on that person of a

written notice by the Executive Committee unless that person complies

with the notice.

(2) The notice under subsection (1) must state that the Association

Registrar must suspend or cancel the registration unless the fees,

penalties, costs, dues or levies are paid as indicated in the notice.

Cancellation on request

21 The Association Registrar shall not cancel the registration of a

Regulated Member at the request of the Regulated Member until the

request is reported to and confirmed by the Registration Committee.

Notice of cancellation or suspension

22 The Executive Committee may publish, in any manner it

considers appropriate, notice of the cancellation or suspension of the

registration of a Regulated Member.

Use of title

23 An Accredited Municipal Assessor of Alberta may use the title

"Accredited Municipal Assessor of Alberta" and the abbreviations

"A.M.A.A." and "AMAA".

Code of conduct and ethics

24(1) A Regulated Member shall

(

a) be dedicated to the profession,

(

b) perform the practice of assessment with fairness, honesty and

integrity,

(

c) apply expertise and due diligence in performing the practice

of the profession,

(

d) work toward earning the respect and confidence of all of

those served through the practice of assessment,

(

e) maintain professional competence by keeping informed of

and complying with developments in the acknowledged

standards of the profession in which the member practices,

(

f) disclose to all affected parties any potential conflict of

interest that arises or is likely to arise during the performance

of his or her duties,

(

g) always act in accordance with the duties and responsibilities

associated with being a member of the Association,

(

h) at all times act in a manner that will enhance the image of the

profession and the Association, and

(

i) report to the Association conduct by any member that may be

considered unethical.

(2) A Regulated Member shall not

(

a) undertake assessments for which he or she is not qualified

through either lack of education, experience or ability,

(

b) advance his or her membership or candidacy as evidence of

professional qualifications,

(

c) claim professional qualifications that are misleading or not

factual,

(

d) put forward membership or any designation granted by the

Association as authority to undertake the practice of

assessment in areas in which he or she is not fully qualified,

(

e) allow the interests of outside parties to take precedence over

his or her professional duties,

(

f) make any irresponsible public statements of value,

(

g) disclose any information of a confidential nature to any

person except where required by law, and

(

h) contravene any law or standards of practice under which he

or she is bound.

Transitional

25(1) In this section, "previous Regulation" means the Municipal

Assessor Regulation (AR 84/94).

(2) The Association Registrar must enter in the register of Accredited

Municipal Assessors of Alberta or the register of Candidate Members

the name of a person who, on the coming into force of this Regulation,

was registered as an accredited municipal assessor of Alberta, a

candidate member, a non-resident accredited municipal assessor or a

non-resident candidate member, as the case may be, under the previous

Regulation.

Repeal

26 The Municipal Assessor Regulation (AR 84/94) is repealed.

Expiry

27 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 November 30, 2014.

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

Alberta Regulation 348/2009

Workers' Compensation Act

WORKERS' COMPENSATION AMENDMENT REGULATION

Filed: December 16, 2009

For information only: Made by the Lieutenant Governor in Council (O.C. 649/2009)

on December 16, 2009 pursuant to

section 153 of the Workers' Compensation Act.

1 The Workers' Compensation Regulation (AR 325/2002) is

amended by this Regulation.

Section 2(

b) is amended by adding "by order of the Board

or" after "included under the Act".

Section 3(1) is amended

(

a) in clause (

a) by striking out "or" at the end of

subclause (ii) and adding the following after

subclause (ii):

(ii.1) a charter school established pursuant to the School

Act, or

(

b) in clause (

b) by striking out "or" at the end of

subclause (ii) and adding the following after

subclause (ii):

(ii.1) a charter school established pursuant to the School

Act, or

(

c) by striking out "Colleges Act" wherever it occurs and

substituting "Post-secondary Learning Act".

Section 6 is amended

(

a) in subsection (1) by striking out "The council of a

municipality under the Municipal Government Act may

apply" and substituting "The Act does not apply to the

members of a council of a municipality under the Municipal

Government Act unless the council applies";

(

b) in subsection (2) by striking out "A school division or

school district may apply" and substituting "The Act does

not apply to school trustees unless a school division or school

district applies".

Section 7(1)(

c) is amended

(

a) in subclause (

i) by striking out "Universities Act" and

substituting "Post-secondary Learning Act";

(

b) in subclause (iii) by striking out "Colleges Act" and

substituting "Post-secondary Learning Act";

(

c) in subclause (iv) by striking out "Technical Institutes

Act" and substituting "Post-secondary Learning Act";

(

d) in subclause (vi)(

B) by striking out "Advanced

Education and Career Development Grants Regulation

(AR 202/96)" and substituting "Education Grants

Regulation (AR 120/2008) or the Advanced Education and

Technology Grants Regulation (AR 121/2008)".

Section 9(1)(

a) is amended by striking out "First Aid

Regulation (AR 48/2000)" and substituting "Occupational Health

and Safety Code adopted under the Occupational Health and Safety

Act".

Schedule A is amended

(

a) by striking out "Authorities, Boards, Commissions or

Foundations that do not operate as industries under the Act,

other than the Alberta Gaming and Liquor Commission,"

and substituting "Authorities, Boards, Commissions or

Foundations that do not operate as industries under the Act,

other than the Alberta Cancer Board, the Alberta Gaming and

Liquor Commission, the Alberta Mental Health Board,";

(

b) by striking out "medical and dental services, provision of,

except when those services are provided by a regional health

authority or a subsidiary health corporation under the

Regional Health Authorities Act;" and substituting

"medical and dental services, provision of, except when those

services are provided by a regional health authority or a

subsidiary health corporation under the Regional Health

Authorities Act, a public hospital as defined in

section 29(

n) of the Health Care Protection Act, long-term care facilities,

including nursing homes, home care services and supportive

living accommodation, emergency response or paramedic

services or manufacturers of medical or dental devices;".

Schedule B is amended in item 2(

a) by striking out

"interviews with," and substituting "sufficient contact with,".

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

Alberta Regulation 349/2009

Private Vocational Training Act

PRIVATE VOCATIONAL TRAINING AMENDMENT REGULATION

Filed: December 16, 2009

For information only: Made by the Lieutenant Governor in Council (O.C. 650/2009)

on December 16, 2009 pursuant to

section 24 of the Private Vocational Training Act.

1 The Private Vocational Training Regulation

(AR 341/2003) is amended by this Regulation.

Section 1(

c) and (

d) are repealed.

Section 3 is amended

(

a) in clause (

b) by striking out "$400" and substituting

"$1 000";

(

b) in clause (d)(iii) by striking out "Private Vocational

Schools Act" and substituting "Private Vocational

Training Act".

Section 4 is amended

(

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

clause (g):

(

h) information respecting a previous or current position,

other than as an owner, with a vocational training

institution in respect of the operation of the vocational

training institution or the provision of adult vocational

training, such as board member, registrar, manager or

instructor.

(

b) by repealing subsection (2)(

b) and substituting the

following:

(

b) the applicant has financial resources that are adequate to

effectively provide the vocational training on an

ongoing basis.

Section 5 is amended

(

a) in subsection (1)

(

i) in clause (

g) by striking out "and";

(ii) by adding the following after clause (h):

and

(

i) the vocational training program will be operated in

an appropriate manner.

(

b) by repealing subsection (2).

Section 7 is repealed.

Section 9 is amended

(

a) in clause (b)

(

i) by adding "on an ongoing basis" after "under its

licence";

(ii) by striking out "and";

(

b) in clause (

c) by adding ", and" at the end of the

clause;

(

c) by adding the following after clause (c):

(

d) a licensee must notify the Director of any proposed

change in the ownership of an adult vocational training

institution offering licensed vocational training before

the change in ownership occurs.

Section 11(1) is repealed and the following is

substituted:

Forfeiture of security

11(1) The Director may declare any security that has been

submitted by a licensee under

section 10 to be forfeited to the Crown

in right of Alberta if

(

a) in the Director's opinion, the licensee

(

i) is required under a student contract or this Regulation to

refund tuition, and

(ii) is unable or refuses to make the refund,

(

b) the security is to be cancelled and the Director is unable to

determine whether clause (

a) applies.

Section 13 is amended by adding the following after

subsection (3):

(4) Despite subsections (1) to (3), the Director may, after

considering the relevant circumstances, determine the date that a

student contract is to be considered to have been terminated for the

purpose of a refund under

section 17 of this Regulation.

Section 14 is amended

(

a) in subsection (1) by striking out "$150" and

substituting "$500";

(

b) by adding the following after subsection (2):

(2.1) Despite subsection (2)(b), a licensee may accept a tuition

fee in respect of a prospective student before that person's

vocational training begins if the fee is paid by a third party

approved by the Director.

Section 17(1) is amended by striking out "either party

terminates a student contract" and substituting "a student contract

is terminated".

Section 21 is amended by adding the following after

subsection (2):

(3) If a licensee is required to refund a registration fee or tuition, the

refund must be paid not later than the earlier of the following:

(a) 30 days from the day the student contract is terminated;

(

b) the time period specified in an order of the Director.

Section 22(1)(

a) is repealed.

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

Alberta Regulation 350/2009

Health Professions Act

PHYSICIANS, SURGEONS AND OSTEOPATHS

PROFESSION REGULATION

Filed: December 16, 2009

For information only: Approved by the Lieutenant Governor in Council (O.C.

654/2009) on December 16, 2009 pursuant to

section 131 of the Health Professions

Act and made by College of Physicians and Surgeons of the Province of Alberta on

November 30, 2009 pursuant to

section 131 of the Health Professions Act

Table of Contents

Definitions

2 Register categories

Registration

3 General register

4 Equivalent jurisdiction

5 Substantial equivalence

6 Provisional register

7 Limited practice register

8 Courtesy register

9 Emergency register

10 Telemedicine register

11 Students register

12 Good character and reputation

13 Liability insurance

14 Fitness to practise

Titles and Abbreviations

16 Authorization to use titles

Restricted Activities

17 Authorized restricted activities

18 Students

19 Self-restriction

20 Non-regulated persons, supervision

Continuing Competence

21 Continuing competence program

22 General assessment

23 Continuing professional development

24 Competence assessment

25 Continuing competence program rules

26 Rule distribution

27 Actions to be taken

28 Members responsible for costs

Practice Permit

29 Applying for renewal

30 Practice permit conditions

Alternative Complaint Resolution

31 Process conductor

32 Agreement

33 Confidentiality

34 Leaving the process

Reinstatement

35 Application for reinstatement

36 Consideration of application

37 Decision

38 Review of decision

39 Access to decision

Information

40 Providing information

41 Disclosure of information

Section 119 information

Transitional Provision, Repeal

and Coming into Force

43 Transitional

44 Repeal

45 Coming into force

Definitions

1 In this Regulation,

(a) "Act" means the Health Professions Act;

(b) "College" means the College of Physicians and Surgeons of

Alberta;

(c) "Competence Committee" means the competence committee

of the College;

(d) "Complaints Director" means the complaints director of the

College;

(e) "Council" means the council of the College;

(f) "courtesy register" means the courtesy register category of

the regulated members register;

(g) "emergency register" means the emergency register category

of the regulated members register;

(h) "general register" means the general register category of the

regulated members register;

(i) "limited practice register" means the limited practice register

category of the regulated members register;

(j) "provisional register" means the provisional register category

of the regulated members register;

(k) "Registrar" means the registrar of the College;

(l) "students register" means the students register category of the

regulated members register;

(m) "telemedicine register" means the telemedicine register

category of the regulated members register.

Register categories

2 The regulated members register established by the Council under

section 33(1)(

a) of the Act has the following categories:

(

a) general register;

(

b) provisional register;

(

c) limited practice register;

(

d) courtesy register;

(

e) emergency register;

(

f) telemedicine register;

(

g) students register.

Registration

General register

3(1) An applicant for registration as a regulated member on the

general register must

(

a) have received a medical or an osteopathic medical degree

from a program approved by the Council,

(

b) have successfully completed post-graduate medical training

approved by the Council, and

(

c) have successfully completed the registration examination

approved by the Council.

(2) An applicant must have completed the requirements set out in

subsection (1) within the 3 years immediately preceding the date the

Registrar receives a complete application.

(3) If an applicant is unable to meet the requirements set out in

subsection (2), the applicant must

(

a) within the 3 years immediately preceding the date the

Registrar receives the complete application, have been

registered in good standing and carried on an active practice

in a jurisdiction that regulates the practice of medicine or

osteopathy, or

(

b) demonstrate to the satisfaction of the Registrar that the

applicant is currently competent to practise medicine or

osteopathy.

(4) For the purposes of subsection (3)(b), the Registrar may require an

applicant to undergo any examination, testing, assessment, training or

education that the Registrar considers necessary.

Equivalent jurisdiction

4 An applicant for registration as a regulated member on the general

register who is currently registered as a physician, surgeon or

osteopath in good standing in another jurisdiction recognized by the

Council under

section 28(2)(

b) of the Act as having substantially

equivalent registration requirements to the registration requirements set

out in

section 3 may be registered on the general register.

Substantial equivalence

5(1) An applicant for registration who does not meet the registration

requirements under

section 3 but whose qualifications have been

determined by the Registrar under

section 28(2)(

c) of the Act to be

substantially equivalent to the registration requirements under

section

3 may be registered on the general register.

(2) In determining whether an applicant's qualifications are

substantially equivalent under subsection (1), the Registrar may require

the applicant to undergo any examination, testing or assessment

activity the Registrar considers necessary.

(3) For the determination under subsection (2), the Registrar may use

the services of experts and other resources to assist with the

examination, testing or assessment activity.

(4) The Registrar may require an applicant to pay all the costs incurred

under subsections (2) and (3).

(5) The Registrar may require an applicant under subsection (1) to

undergo any education or training activities the Registrar considers

necessary in order for the applicant to be registered.

(6) The Registrar may require an applicant under subsection (1) to

provide any other relevant information or evidence that the Registrar

considers necessary in order to assess an application under this section.

Provisional register

6(1) Subject to subsection (2), an applicant for registration as a

regulated member may be registered on the provisional register if the

applicant has successfully completed all the requirements for the

granting of a medical or an osteopathic medical degree from a medical

program approved by the Council and the applicant

(

a) has not passed the registration examination approved by the

Council,

(

b) is enrolled in a program of post-graduate medical training in

Alberta approved by the Council,

(

c) is undergoing an assessment of qualifications for the purpose

of determining substantial equivalency under

section 5, or

(

d) is engaged in education or training activities for the purpose

of registration under

section 5.

(2) Every regulated member registered on the provisional register

must practise in accordance with the conditions specified by the

Registrar.

(3) The conditions that the Registrar may specify under subsection

(2) include, but are not limited to, conditions that the regulated member

(

a) practise under the supervision of another regulated member,

(

b) practise only within a specified area of practice,

(

c) practise only within a specified practice setting or program,

(

d) practise only within a specified practice location, and

(

e) complete specified training or examinations within a

specified time limit.

(4) A registration on the provisional register is valid for 6 years.

(5) Despite subsection (4), the Registrar may extend a registration on

the provisional register beyond 6 years if the Registrar is of the opinion

that extenuating circumstances exist.

(6) If a regulated member registered on the provisional register meets

the registration requirements set out in

section 3, the Registrar must

remove the regulated member's name from the provisional register and

enter it on the general register.

Limited practice register

7(1) Subject to subsection (2), an applicant for registration as a

regulated member who is not eligible for registration on the general

register may be registered on the limited practice register if the

applicant has successfully completed all the requirements for the

granting of a medical or an osteopathic medical degree from a medical

program approved by the Council and the applicant provides limited

professional services as a clinical or surgical assistant or medical

researcher within a service or program approved by the Council.

(2) Every regulated member registered on the limited practice register

must practise in accordance with the conditions specified by the

Registrar.

(3) The conditions that the Registrar may specify under subsection

(2) include, but are not limited to, conditions that the regulated member

(

a) practise under the supervision of a regulated member,

(

b) practise only within a specified area of practice,

(

c) practise only within a specified practice setting or program,

and

(

d) practise only within a specified practice location.

Courtesy register

8(1) An applicant who is registered as a physician, surgeon or

osteopath in good standing in another jurisdiction who applies for

registration in Alberta on a temporary basis for a specified purpose

approved by the Registrar and who satisfies the Registrar of the

person's competence to provide the services related to the specified

purpose may be registered on the courtesy register for a period of time

specified by the Registrar.

(2) When the Registrar registers a person on the courtesy register, the

Registrar must identify on the register any title that the regulated

member may use while registered on the courtesy register.

(3) It is a condition of registration on the courtesy register that the

person must remain registered in good standing in the jurisdiction in

which the person was registered at the time of the person's application

for registration on the courtesy register and if the registration in the

other jurisdiction is suspended or cancelled, the courtesy registration is

cancelled.

Emergency register

9(1) An applicant for registration as a regulated member on the

emergency register must satisfy the Registrar that the applicant is

registered in good standing and entitled to practise medicine or

osteopathy in another jurisdiction in Canada or in the United States of

America.

(2) A registration on the emergency register is valid for the period of

time that may be required to address an emergency, as determined by

the Registrar.

Telemedicine register

10(1) An applicant for registration as a regulated member on the

telemedicine register may be registered on the telemedicine register if

the applicant

(

a) is not a regulated member of the College,

(

b) is registered in good standing and carrying on an active

practice in a jurisdiction that regulates the practice of

medicine or osteopathy, and

(

c) meets the requirements set out in

section 3, 4 or 5, as the case

may be.

(2) Every regulated member registered on the telemedicine register

may practise only from a jurisdiction outside of Alberta.

(3) It is a condition of registration on the telemedicine register that the

person must remain registered in good standing in the jurisdiction in

which the person was registered at the time of the person's application

for registration on the telemedicine register and if the registration in

the other jurisdiction is suspended or cancelled, the telemedicine

registration is cancelled.

Students register

11 An applicant for registration as a regulated member on the

students register must

(

a) be currently enrolled in an undergraduate medical program in

Alberta approved by the Council, or

(

b) be undertaking medical education in Alberta while enrolled

in an undergraduate medical program in another jurisdiction.

Good character and reputation

12(1) An applicant for registration as a regulated member in any

category of the regulated members register must provide evidence

satisfactory to the Registrar of having good character and reputation.

(2) To comply with subsection (1), an applicant must submit one or

more of the following, on the request of the Registrar:

(

a) a written statement by the applicant as to whether the

applicant is currently undergoing an investigation or is

subject to an unprofessional conduct process or has

previously been disciplined by another regulatory body

responsible for the regulation of physicians, surgeons or

osteopaths, as the case may be, or of another profession;

(

b) a written statement by the applicant as to whether an

application for registration as a health professional by the

applicant in any other jurisdiction was ever previously

rejected;

(

c) the results of a current criminal records check;

(

d) a written statement by the applicant as to whether the

applicant has ever been charged, pleaded guilty or has been

found guilty of a criminal offence in Canada or an offence of

a similar nature in a jurisdiction outside Canada for which the

applicant has not been pardoned;

(

e) a written statement by the applicant as to whether the

applicant's hospital privileges or the applicant's privileges to

any other related facility are currently or have previously

been voluntarily or involuntarily limited, suspended or

revoked;

(

f) a written statement by the applicant as to whether there has

ever been a judgment against the applicant's practice in a

civil suit;

(

g) any other relevant evidence as required by the Registrar.

(3) If an applicant has engaged in an activity that has, in the opinion of

the Registrar, undermined the applicant's good character and

reputation in the past, the applicant may provide evidence satisfactory

to the Registrar of rehabilitation.

(4) The Registrar may also consider information other than that

provided by the applicant in determining whether the applicant is of

good character and reputation, but if the Registrar considers that

information, the Registrar must give the applicant sufficient particulars

of that information to allow the applicant to respond to that

information.

Liability insurance

13(1) An applicant for registration as a regulated member must

provide evidence satisfactory to the Registrar of having the type and

amount of professional liability insurance required by the Council.

(2) Membership in the Canadian Medical Protective Association is

considered to meet the requirements of subsection (1).

Fitness to practise

14 An applicant for registration as a regulated member must, on the

request of the Registrar, submit evidence satisfactory to the Registrar

confirming the member's fitness to practise.

15(1) An applicant for registration as a regulated member must be

competently in the practice of medicine or osteopathy.

(2) An applicant may be required by the Registrar to demonstrate

requirements approved by the Council.

Titles and Abbreviations

Authorization to use titles

16(1) A regulated member registered on the general register,

provisional register, limited practice register, courtesy register,

emergency register or telemedicine register may use the title "Doctor"

and the abbreviation "Dr".

(2) A regulated member registered on any of the registers mentioned

in subsection (1) may, subject to subsection (3), use the titles,

abbreviations or initials listed in

section 2 of

Schedule 21 to the Act

that are appropriate to that regulated member's area of practice.

(3) The Registrar must specifically approve and authorize the use of

the titles, abbreviations or initials referred to in subsection (2) and

indicate the authorization on the appropriate category of the regulated

members register.

(4) A regulated member may use the title "specialist" if the regulated

member

(

a) is authorized by the Registrar to use that title, and

(

b) has received notification from the Registrar that the

authorization is indicated on the appropriate category of the

regulated members register.

Restricted Activities

Authorized restricted activities

17 A regulated member registered on the general register, provisional

register, limited practice register, courtesy register, emergency register

or telemedicine register may, in the practice of medicine or osteopathy

and in accordance with the standards of practice, perform the following

restricted activities:

(

a) to cut a body tissue, to administer anything by an invasive

procedure on body tissue or to perform surgical or other

invasive procedures on body tissue below the dermis or the

mucous membrane or in or below the surface of the cornea;

(

b) to insert or remove instruments, devices, fingers or hands

(

i) beyond the cartilaginous portion of the ear canal,

(ii) beyond the point in the nasal passages where they

normally narrow,

(iii) beyond the pharynx,

(iv) beyond the opening of the urethra,

(

v) beyond the labia majora,

(vi) beyond the anal verge, or

(vii) into an artificial opening of the body;

(

c) to insert into the ear canal, under pressure, liquid, air or gas;

(

d) to set or reset a fracture of a bone;

(

e) to reduce a dislocation of any joint;

(

f) to use a deliberate, brief, fast thrust to move the joints of the

spine beyond the normal range but within the anatomical

range of motion, which generally results in an audible click

or pop;

(

g) to prescribe a

Schedule 1 drug within the meaning of the

Pharmacy and Drug Act;

(

h) to dispense, compound, provide for selling or sell a

Schedule

1 drug or

Schedule 2 drug within the meaning of the

Pharmacy and Drug Act;

(

i) to administer a vaccine or parenteral nutrition;

(

j) to prescribe, compound or administer blood or blood

products;

(

k) to prescribe or administer diagnostic imaging contrast agents;

(

l) to prescribe or administer anesthetic gases, including nitrous

oxide, for the purposes of anesthesia or sedation;

(

m) to prescribe or administer radiopharmaceuticals,

radiolabelled substances, radioactive gases or radioaerosols;

(

n) to order or apply any form of ionizing radiation in medical

radiography, nuclear medicine or radiation therapy;

(

o) to order or apply non-ionizing radiation in lithotripsy,

magnetic resonance imaging or ultrasound imaging,

including any application of ultrasound to a fetus;

(

p) to prescribe or fit an implant-supported prosthesis;

(

q) to perform a psychosocial intervention with an expectation of

treating a substantial disorder of thought, mood, perception,

orientation or memory that grossly impairs judgment,

behaviour, capacity to recognize reality or ability to meet the

ordinary demands of life;

(

r) to manage labour or deliver a baby;

(

s) to prescribe or dispense corrective lenses.

Students

18(1) A person who is registered on the students register is authorized

to perform, in the practice of medicine and in accordance with the

standards of practice, the restricted activities set out in

section 17

under the supervision of a regulated member.

(2) Supervision under this

section must be carried out in accordance

with the requirements for the supervision of students approved by the

Council.

Self-restriction

19(1) Despite any authorization to perform restricted activities, a

regulated member must only perform a restricted activity that the

regulated member is competent to perform and that is appropriate to

the clinical circumstance and the regulated member's area of practice.

(2) A regulated member who performs a restricted activity must do so

in accordance with the standards of practice.

Non-regulated persons, supervision

20(1) A person who is not described in

section 4(1)(

a) of

Schedule

7.1 to the Government Organization Act is permitted to perform a

restricted activity described in

section 17 only if that person

(

a) has the consent of, and is being supervised in accordance

with subsection (2) by, a regulated member while performing

a restricted activity, and

(

b) is engaged in providing health services to another person.

(2) When a regulated member supervises a person referred to in

subsection (1) performing a restricted activity, the regulated member

must

(

a) not be a regulated member registered on the students register,

(

b) be authorized to perform the restricted activity being

performed,

(

c) if the person being supervised is a regulated member of

another college, be satisfied the other college is aware that

the person is performing the restricted activity under

supervision,

(

d) supervise the person who is performing the restricted activity

by being readily available for consultation by the person who

is under supervision, and

(

e) comply with the standards of practice governing the

provision of supervision by regulated members of persons

performing restricted activities pursuant to

section 4(1)(

b) of

Schedule 7.1 to the Government Organization Act.

Continuing Competence

Continuing competence program

21 The continuing competence program of the College comprises

(

a) general assessment,

(

b) continuing professional development, and

(

c) competence assessment.

General assessment

22(1) A regulated member registered on the general register must, in

accordance with the rules established under

section 25, submit to a

general assessment by the Competence Committee once every 5 years.

(2) A regulated member registered on the provisional register may, in

accordance with the rules established under

section 25, be required to

submit to a general assessment by the Competence Committee once

every 5 years.

(3) A general assessment referred to in subsections (1) and (2) consists

of a physician achievement review survey or other tool approved by

the Competence Committee to assess a regulated member's

(

a) professional knowledge and skills,

(

b) communication skills,

(

c) practice management, and

(

d) professional ethics.

Continuing professional development

23(1) Every regulated member registered on the general register must

undertake continuing professional development by

(

a) participating in a professional development program

approved by the Council in accordance with the rules

established under

section 25,

(

b) keeping records, in a form satisfactory to the Registrar, of

any activities undertaken for the purpose of continuing

professional development, and

(

c) on the request of, and in accordance with the directions of,

the Registrar, providing copies of the records referred to in

clause (b).

(2) Regulated members registered on the provisional register, limited

practice register or telemedicine register may be required by the

Registrar or Competence Committee to fulfill the requirements of

subsection (1) and when so required, must comply with all the

requirements of subsection (1).

Competence assessment

24(1) The Competence Committee may, in accordance with the rules

established under

section 25, require a regulated member registered on

the general register or provisional register to undergo an assessment

for the purpose of evaluating the regulated member's competence.

(2) For the purpose of an assessment under subsection (1), the

Competence Committee may use one or more of the following

processes:

(

a) practice visits;

(

b) examinations;

(

c) individualized assessments of professional competence that

may include, but are not limited to, assessments of

(

i) professional knowledge or skills,

(ii) communication skills,

(iii) mental and physical health,

(iv) professional ethics, or

(

v) practice management;

(

d) interviews;

(

e) any other type of evaluation required by the Competence

Committee.

Continuing competence program rules

25(1) The Council may establish rules governing

(

a) how assessments under sections 22 and 24 are to be

conducted,

(

b) the professional development programs that may be approved

for the purpose of

section 23,

(

c) the assessment and approval of programs as substantially

equivalent to the professional development programs

approved by the Council,

(

d) the type of professional development activities that a

regulated member may undertake for the purpose of

section

23,

(

e) the records referred to in

section 23(1)(

b) and the provision

of those records in accordance with the directions of the

Registrar,

(

f) audits of a regulated member's records under

section

23(1)(b), or

(

g) the requirements or circumstances when regulated members

registered on the provisional register, limited practice register

or telemedicine register may be required to participate in a

professional development program under

section 23(1)(a).

(2) The Registrar and the Competence Committee may recommend

rules or amendments to the rules to the Council.

(3) Before the Council establishes any rules or amendments to the

rules, the rules or the amendments to the rules must be made available

to all regulated members for their review.

(4) The Council may establish the rules or amendments to the rules 30

or more days after they are made available under subsection (3) and

after having considered any comments received on the proposed rules

or proposed amendments to the rules.

Rule distribution

26 The rules and any amendments to the rules established under

section 25(4) must be made available by the College to all regulated

members and, in printed form, on request to the Minister, regional

health authorities and any person who requests them.

Actions to be taken

27 If the results of a general assessment under

section 22 or of a

competence assessment under

section 24 are unsatisfactory, the

Competence Committee or Registrar may require a regulated member

to undertake remedial action, including, but not limited to, the

following:

(

a) successful completion of continuing competence program

requirements or professional development activities;

(

b) successful completion of any examinations, testing,

assessment, training, education or treatment to enhance

competence in specified areas;

(

c) to practise under the supervision of another regulated

member;

(

d) limitation of practice to specified procedures or practice

settings;

(

e) to report to the Competence Committee or Registrar on

specified matters on specified dates;

(

f) correction of any problems identified in the practice visit;

(

g) demonstration of competence gained in a specific area.

Members responsible for costs

28 Any action that a regulated member must undertake in response to

a direction by the Competence Committee or Registrar under

section

27 is undertaken at the cost of the regulated member.

Practice Permit

Applying for renewal

29 Regulated members applying for renewal of their practice permit

must

(

a) continue to meet the requirements set out in sections 12 to

15, and

(

b) meet the requirements of the continuing competence

program.

Practice permit conditions

30 The Registrar may impose conditions on a practice permit, which

may include, but are not limited to, the following:

(

a) completing any examinations, testing, assessment,

counselling, training or education as considered necessary by

the Registrar or the Competence Committee;

(

b) limiting a member's practice to specified professional

services, restricted activities or practice settings;

(

c) limiting a practice permit to a specified purpose and time;

(

d) practicing under the supervision of another regulated member

for the period of time considered necessary by the Registrar;

(

e) reporting to the Registrar on specified matters on specified

dates.

Alternative Complaint Resolution

Process conductor

31 When a complainant and an investigated person have agreed to

enter into an alternative complaint resolution process, the Complaints

Director must appoint an individual to conduct the alternative

complaint resolution process.

Agreement

32 The person conducting the alternative complaint resolution

process must, in consultation with the complainant and the investigated

person, establish the procedures for and objectives of the alternative

complaint resolution process, which must be set out in writing and

signed by the complainant, the investigated person and the

representative of the College.

Confidentiality

33 The complainant and the investigated person must, subject to

sections 59 and 60 of the Act, agree to treat all information shared

during the process as confidential.

Leaving the process

34 The complainant or the investigated person may withdraw from

the alternative complaint resolution process at any time.

Reinstatement

Application for reinstatement

35(1) A person whose registration and practice permit have been

cancelled under

Part 4 of the Act may apply in writing to the Registrar

to have the registration reinstated and the practice permit reissued.

(2) An application under subsection (1) must

(

a) not be made earlier than 3 years after the date of the

cancellation, and

(

b) not be made more frequently than once in each year

following a refusal of an application under

section 37(a).

(3) An applicant under subsection (1) must provide evidence of the

applicant's qualifications for registration.

Consideration of application

36(1) An application under

section 35 must be considered by the

Registrar in accordance with the application for registration process set

out in sections 28 to 30 of the Act.

(2) When reviewing an application in accordance with subsection (1),

the Registrar must consider

(

a) the record of the hearing at which the applicant's registration

and practice permit were cancelled, and

(

b) whether the applicant

(

i) meets the current requirements for registration,

(ii) has met any conditions imposed under

Part 4 of the Act

before the applicant's registration and practice permit

were cancelled, and

(iii) is fit to practise medicine or osteopathy and does not

pose a risk to public safety or to the integrity of the

profession.

Decision

37 The Registrar may, on completing the review of an application in

accordance with

section 36, issue a written decision containing one or

more of the following orders:

(

a) an order refusing the application;

(

b) an order approving the application;

(

c) an order to defer the reinstatement of the applicant until the

applicant has complied with conditions imposed by the

Registrar.

Review of decision

38(1) An applicant whose application is refused or whose application

for reinstatement is deferred under

section 37 may, within 30 days of

receipt of the decision, request a review of the decision by the Council.

(2) Sections 31 and 32 of the Act apply to a review under subsection

(1).

Access to decision

39(1) The Registrar, under

section 37, and the Council, under

section

38, may order that its decision be published in a manner it considers

appropriate.

(2) The College must make a decision under

section 37 or 38 available

for 2 years to the public on request.

Information

Providing information

40(1) A regulated member or an applicant for registration must

provide the following information in addition to that required under

section 33(3) of the Act to the Registrar on the request of the Registrar,

on application for registration and when there are changes to the

information:

(

a) home address;

(

b) business mailing address, telephone number, fax number and

e-mail address;

(

c) emergency contact address, telephone number and e-mail

address;

(

d) full legal name and, if applicable, previous names or aliases;

(

e) degrees and other qualifications, including specialization;

(

f) school of graduation;

(

g) year of graduation;

(

h) languages in which a regulated member or an applicant for

registration can provide professional services;

(

i) date and place of birth;

(

j) gender;

(

k) names of other jurisdictions in which a regulated member or

an applicant for registration is registered as a physician,

surgeon or osteopath;

(

l) any other colleges of a regulated health profession in which a

regulated member or an applicant for registration is

registered and whether the regulated member or the applicant

for registration is a practising member of that college;

(

m) a recent passport photo.

(2) If a regulated member intends to close an office practice, the

regulated member must provide to the Registrar the date by which the

regulated member proposes to close the office practice.

(3) If a regulated member's practice involves any transplantation of

human tissue or organs, the regulated member must provide to the

Registrar the name and address of the facility and the type of

transplantation that may take place in that facility.

Disclosure of information

41 The College may, under

section 34(2) of the Act, disclose the

following information concerning its regulated members to members

of the public in order to support its physician search function on the

College's website:

(

a) name or names that a regulated member uses or has used in

his or her practice;

(

b) a regulated member's business mailing address, telephone

number and fax number;

(

c) degrees and other qualifications obtained by a regulated

member, including specialization;

(

d) school of graduation;

(

e) year of graduation;

(

f) gender of a regulated member;

(

g) languages in which a regulated member can provide

professional services.

Section 119 information

42 The periods of time during which the Council is required to

provide information under

section 119(4) of the Act to a member of

the public are as follows:

(

a) information referred to in

section 33(3) of the Act entered in

a register for a regulated member, except for the information

referred to in

section 33(3)(

h) of the Act, while the named

regulated member is registered as a member of the College;

(

b) information referred to in

section 119(1) of the Act

respecting

(

i) the suspension of a regulated member's practice permit,

while the suspension is in effect and for 2 years after the

period of suspension has expired,

(ii) the cancellation of a regulated member's practice

permit, for 2 years after the cancellation,

(iii) the conditions imposed on a regulated member's

practice permit, while the conditions are in effect,

(iv) the directions made that a regulated member cease

providing professional services, while the directions are

in effect, and

(

v) the imposition of a caution, reprimand or fine under

Part

4 of the Act, for 2 years after the imposition of the

caution, reprimand or fine;

(

c) information as to whether a hearing is scheduled to be held

under

Part 4 of the Act with respect to a named regulated

member, until the hearing is concluded;

(

d) information respecting

(

i) whether a hearing has been held under

Part 4 of the Act

with respect to a named regulated member, for 5 years

from the date the hearing is concluded, and

(ii) a decision and a record of the hearing referred to in

section 85(3) of the Act of a hearing held under

Part 4

of the Act, for 5 years after the date the hearing tribunal

of the College rendered its decision.

Transitional Provision, Repeal

and Coming into Force

Transitional

43 On the coming into force of this Regulation, a registered member

described in

section 15 of

Schedule 21 to the Act is deemed to be

entered on the regulated members register in the register category that

the Registrar considers appropriate.

Repeal

44(1) The Medical Profession By-laws (AR 129/91) are repealed.

(2) The Consultation Regulation (AR 134/2008) is repealed.

Coming into force

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

Schedule 21 to the Health Professions Act.

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

Alberta Regulation 351/2009

Forest and Prairie Protection Act

FOREST PROTECTION AREA AMENDMENT REGULATION

Filed: December 16, 2009

For information only: Made by the Lieutenant Governor in Council (O.C. 657/2009)

on December 16, 2009 pursuant to

section 41 of the Forest and Prairie Protection Act.

1 The Forest Protection Area Regulation (AR 149/99) is

amended by this Regulation.

Section 3 is amended by striking out "January 31, 2010"

and substituting "January 31, 2012".

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

Alberta Regulation 352/2009

Railway (Alberta) Act

HERITAGE RAILWAY REGULATION

Filed: December 16, 2009

For information only: Made by the Minister of Transportation (M.O. 27/09) on

November 16, 2009 pursuant to

section 30 of the Railway (Alberta) Act.

Table of Contents

Interpretation

2 Application

3 Operator responsible for work of contractors

Part 1

Heritage Railway Rules and Standards

4 Heritage Railway Operating Rules

5 Heritage Railway Locomotive Inspection and Safety Rules

6 Heritage Railway Passenger and Freight Car

Inspection and Safety Rules

7 Heritage Railway Rules Respecting Track Safety

8 Heritage Railway Freight and Passenger Train Brake Rules

9 Heritage Railway Employee Qualification Standards

10 Heritage Railway Safety Critical Positions Rules

11 Heritage Railway Medical Rules for Positions Critical to Safe

Heritage Railway Operations

12 Heritage Railway Safety Standards (Roadway and Pedestrian

Crossings Protective Devices)

13 Heritage Railway Passenger Handling Safety Rules

Part 2

Consequential, Expiry and Coming into Force

14 Consequential

15 Expiry

16 Coming into force

Schedules

Interpretation

1(1) In this Regulation,

(a) "Act" means the Railway (Alberta) Act;

(b) "competent", in relation to an employee, means that the

employee, in the opinion of the employer,

(

i) is adequately qualified, having a degree, diploma or

certificate appropriate to the work the employee

performs,

(ii) is suitably trained, having received a health and safety

orientation, specific work-related instructions and

on-the-job training, and

(iii) has sufficient experience, having worked under direct

supervision and having demonstrated, through

performance, the ability to perform work safely without

supervision or with minimal supervision;

(c) "contractor" means a person or company contracted to carry

out one or more of the functions or duties of a heritage

railway operator under this Regulation;

(d) "employee" means a person employed by or acting on behalf

of a heritage railway operator, and includes an employee of a

contractor;

(e) "heritage railway operator" or "operator" means a person to

whom

section 2 of the Act applies in respect of a heritage

railway;

(f) "person in charge" means a person responsible for ensuring

the safe conduct of the work of employees.

(2) In this Regulation, a reference to a rule approved under the

Railway Safety Act (Canada) is a reference to the rule as it read on the

coming into force of this Regulation.

Application

2 This Regulation applies to heritage railways.

Operator responsible for work of contractors

3 If a heritage railway operator contracts with a person or company to

carry out one or more of the functions or duties of the operator under

this Regulation, the operator shall ensure that the contractor complies

with this Regulation as if the contractor were the operator.

Part 1

Heritage Railway Rules and Standards

Heritage Railway Operating Rules

4 The Canadian Rail Operating Rules (TC O-093), approved by the

Minister of Transport (Canada) under the Railway Safety Act (Canada),

as modified for the purposes of this Regulation and contained in

Schedule 1 as the Heritage Railway Operating Rules, are declared in

force.

Heritage Railway Locomotive Inspection and Safety Rules

5 The Railway Locomotive Inspection and Safety Rules (TC O-0-76),

approved by the Minister of Transport (Canada) under the Railway

Safety Act (Canada), as modified for the purposes of this Regulation

and contained in

Schedule 2 as the Heritage Railway Locomotive

Inspection and Safety Rules, are declared in force.

Heritage Railway Passenger and Freight Car

Inspection and Safety Rules

6 The R