Alberta Gazette — 15 December (ii)
1215 ii
Alberta — Gazette
Alberta Regulation 223/2005
Income and Employment Supports Act
INCOME SUPPORTS, HEALTH AND TRAINING BENEFITS
AMENDMENT REGULATION
Filed: November 16, 2005
For information only: Made by the Lieutenant Governor in Council (O.C. 512/2005)
on November 15, 2005 pursuant to
section 18 of the Income and Employment
Supports Act.
1 The Income Supports, Health and Training Benefits
Regulation (AR 60/2004) is amended by this Regulation.
Section 5 is amended
(
a) in subsection (2)(
k) is by striking out "that are not
accessible";
(
b) by adding the following after subsection (2):
(3) If a member of a household unit purchases an asset with a
Government of Alberta and the Minister determines that all or
part of that payment is exempt under
section 6(4)(b)(iv), the
value of the purchased asset that is an exempt asset is the amount
equivalent to the exemption under
section 6(4)(b)(iv).
Section 6(4)(
b) is amended by adding the following after
subclause (iii):
(iv) all or part of a payment made to a member of a household
Alberta, if determined by the Minister to be exempt.
Section 7(
c) is amended by adding the following after
subclause (ix):
(
x) a day care deposit, if the Director has provided such a benefit
with respect to the same child or children and that day care
deposit has been refunded.
Section 8(1) is amended by striking out "Penitentiary Act
(Canada)" and substituting "Corrections and Conditional Release
Act (Canada)".
Section 28(1) is amended by adding the following after
clause (i):
(
j) a person who is eligible for a benefit under the Seniors
Benefit Act.
Section 34 is amended
(
a) in subsection (1)(
b) by striking out "2 years," and
substituting "one year,";
(
b) in subsection (5)(
a) by striking out ", to a lifetime
maximum of $14 400";
(
c) in subsection (6) by striking out ", to a lifetime
maximum of $14 400".
Schedule 1,
Part 2 is amended by repealing
section 3(2).
Schedule 4 is repealed and the following is substituted:
Schedule 4
Income Threshold Levels for Determination
of Part-time Training Benefits
Family Size
Net Income
Single
$19 200
Single parent 1 child/Couple no children
$28 800
Single parent 2 children/2 parents 1 child
$38 400
Single parent 3 children/2 parents 2 children
$43 400
Single parent 4 children/2 parents 3 children
$48 400
Single parent 5 children/2 parents 4 children
$53 400
Single parent 6 children/2 parents 5 children
$55 400
Single parent 7 children/2 parents 6 children
$57 400
Single parent 8 children/2 parents 7 children
$60 100
10 Sections 2(a), 7 and 9 come into force on January 1,
Alberta Regulation 224/2005
Health Professions Act
COMBINED LABORATORY AND X-RAY TECHNOLOGISTS
PROFESSION REGULATION
Filed: November 16, 2005
For information only: Approved by the Lieutenant Governor in Council (O.C.
517/2005) on November 15, 2005 pursuant to
section 131 of the Health Professions
Act and made by the Council of the Alberta College of Combined Laboratory and
X-ray Technicians on November 9, 2005 under the Health Professions Act.
Table of Contents
Definitions
Registers
2 Register categories
Registration
3 General register
4 Current qualifications
5 Equivalent jurisdiction
6 Substantial equivalence
7 Temporary register
8 Courtesy register
10 Good character requirements
Practice Permit
11 Renewal requirements
12 Conditions
Restricted Activities
13 Authorized activities
14 Restriction
15 Students
Alternative Complaint Resolution
16 Process conductor
17 Agreement
18 Confidentiality
19 Leaving the process
Reinstatement of Registration and Practice Permits
20 Applying for reinstatement
21 Decision
22 Review
23 Access to decision
Titles
24 Use of titles
Information
25 Requested information
26 Access to regulated members information
Transitional Provisions, Repeals
and Coming into Force
27 Transitional provisions
28 Repeal
29 Coming into force
Definitions
1 In this Regulation,
(a) "Act" means the Health Professions Act;
(b) "College" means Alberta College of Combined Laboratory
and X-ray Technologists;
(c) "Complaints Director" means the complaints director of the
College;
(d) "Council" means the council of the College;
(e) "courtesy register" means the courtesy register category of
the regulated members register;
(f) "general register" means the general register category of the
regulated members register;
(g) "Registrar" means the registrar of the College;
(h) "Registration Committee" means the registration committee
of the College;
(i) "temporary register" means the temporary register category
of the regulated members register.
Registers
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) courtesy register;
(
c) temporary register.
Registration
General register
3 An applicant for registration as a regulated member on the general
register must have obtained a diploma from a program in laboratory
and x-ray sciences of at least 2 years' duration approved by the
Council and have successfully passed a registration examination
approved by the Council.
Current qualifications
4 If an applicant for registration under
section 3 has met the
requirements set out in that
section but not within 2 years prior to the
date that the Registrar receives a complete application, the applicant
must
(
a) in the 3 years immediately preceding the date the complete
application is received by the Registrar, have been employed
for at least 750 hours in the practice of combined laboratory
and x-ray technology,
(
b) have successfully completed a refresher education program
approved by the Council within 3 years of the date the
complete application is received by the Registrar, or
(
c) demonstrate to the satisfaction of the Registrar or
Registration Committee that the applicant is currently
competent to practise as a combined laboratory and x-ray
technologist.
Equivalent jurisdiction
5 An applicant for registration on the general register who is
currently registered in good standing in another jurisdiction recognized
by the Council under
section 28(2)(
b) of the Act as having
substantially equivalent registration requirements is eligible to be
registered on the general register.
Substantial equivalence
6(1) An applicant who is not eligible to be registered under
section 3
or 5 and whose qualifications have been determined by the
Registration Committee under
section 28(2)(
c) of the Act to be
substantially equivalent to the registration requirements under sections
3 and 4 and who successfully passes the registration examination
approved by the Council may be registered on the general register.
(2) The Registrar may
(
a) require an applicant under subsection (1) to undergo any
examination, testing or assessment activity to assist with
determining whether or not an applicant's qualifications are
substantially equivalent,
(
b) direct an applicant under subsection (1) to undergo any
education or training activities the Registrar may consider
necessary in order for the applicant to be registered, and
(
c) request any additional information and evidence that the
Registrar considers necessary.
Temporary register
7(1) An applicant who has fulfilled the registration requirements
except for successfully passing a registration examination approved by
the Council may be registered on the temporary register.
(2) The registration of a regulated member on the temporary register
may be valid for up to one year.
(3) If a regulated member on the temporary register successfully
passes a registration examination approved by the Council, the
Registrar must remove the regulated member's name from the
temporary register and enter it in the general register.
(4) A regulated member whose registration on the temporary register
expires may apply to extend the registration as a regulated member on
the temporary register for up to one additional year.
(5) A regulated member who is registered on the temporary register
may practise only while supervised by a regulated member on the
general register or by another person approved by the Registrar.
Courtesy register
8(1) A person who is registered as a combined laboratory and x-ray
technologist or its equivalent in good standing in another jurisdiction
who requires registration in Alberta on a temporary basis for a
specified purpose and period of time approved by the Registrar and
who satisfies the Registrar of the person's competence to provide the
services related to the specified purpose is eligible for registration on
the courtesy registrar.
(2) A regulated member who is registered on the courtesy register
must remain registered in the other jurisdiction while registered on the
courtesy register.
(3) A registration on the courtesy register may be valid for up to one
year.
9(1) An applicant for registration as a regulated member must be
(2) An applicant may be required by the Registrar to demonstrate
approved by the Council.
Good character requirements
10 An applicant for registration as a regulated member must provide
evidence of having good character and reputation by submitting any of
the following on the request of the Registrar:
(
a) written references from colleagues and, if applicable, from
another jurisdiction in which the applicant is currently
registered;
(
b) a statement from the applicant as to
(
i) whether the applicant is currently undergoing or in the
past has undergone an unprofessional conduct process
by the College or is or has been disciplined by another
regulatory body responsible for the regulation of
combined laboratory and x-ray technologists or another
profession that provides a professional service,
(ii) whether the applicant has ever been convicted of a
criminal offence, and
(iii) that all information in the application is true to the best
of the applicant's knowledge;
(
c) any other evidence required by the Registrar.
Practice Permit
Renewal requirements
11 A regulated member applying for renewal of the member's
practice permit must state whether the member has been convicted of a
criminal offence since the previous renewal of the practice permit and
must
(
a) in the 3 years immediately preceding the date the application
is received by the Registrar, have been employed for at least
750 hours in the practice of combined laboratory and x-ray
technology,
(
b) have successfully completed a refresher education program
approved by the Council within 3 years of the date the
complete application is received by the Registrar,
(
c) demonstrate to the satisfaction of the Registrar or
Registration Committee that the applicant is currently
competent to practise as a combined laboratory and x-ray
technologist, or
(
d) have completed the education requirements set out in
section
3 within the preceding 2 years.
Conditions
12 The Registrar or Registration Committee may impose conditions
on a practice permit which may include, but are not limited to,
(
a) practising under the supervision of a regulated member;
(
b) limiting practice to specified professional services or areas of
practice.
Restricted Activities
Authorized activities
13(1) A regulated member may, within the practice of combined
laboratory and x-ray technology, perform the following restricted
activities:
(
a) applying any form of ionizing radiation in medical
radiography while using x-ray equipment;
(
b) inserting or removing instruments, devices or fingers
(
i) beyond the anal verge, or
(ii) into an artificial opening into the body
for the purpose of administering diagnostic examinations.
(2) A regulated member on the temporary register may only perform
the restricted activities referred to in subsection (1) under the
supervision of a regulated member on the general register or of any
other regulated health professional who is authorized to provide the
restricted activity and who is available for consultation.
(3) A regulated member may only apply ionizing radiation for a
fluoroscopy procedure if a radiologist is present and available to assist.
Restriction
14 Despite
section 13, regulated members must restrict themselves in
performing restricted activities to those activities that they are
competent to perform and to those that are appropriate to the member's
area of practice and the procedure being performed.
Students
15(1) A student who is enrolled in a medical radiation technology
program approved by the Health Disciplines Board or the Alberta
College of Medical Diagnostic and Therapeutic Technologists or is
enrolled in a combined laboratory and x-ray technology program
approved by the Council may perform the restricted activities set out in
section 13(1) as part of a clinical practicum while under the
supervision of a regulated member registered on the general register or
courtesy register.
(2) The supervising regulated member must
(
a) be on-site and available to assist the student while the student
is performing the restricted activity,
(
b) be available for consultation and to assist students in
performing restricted activities, as required, and
(
c) be authorized to perform the restricted activity that is being
supervised.
Alternative Complaint Resolution
Process conductor
16 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
17 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
18 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
19 The complainant or the investigated person may withdraw from
the alternative complaint resolution process at any time.
Reinstatement of Registration and
Practice Permits
Applying for reinstatement
20(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 practice permit re-issued.
(2) An application under subsection (1) may not be made earlier than
(a) 2 years after the cancellation, or
(b) 2 years after the refusal of an application under clause (a).
(3) An applicant under subsection (1) must provide evidence to the
Registration Committee of qualifications for registration.
(4) The Registration Committee may require the applicant to
undertake either or both of the following:
(
a) demonstrate to the satisfaction of the Registrar or
Registration Committee that the applicant is currently
competent to practise as a combined laboratory and x-ray
technologist;
(
b) successfully complete a refresher program approved by the
Council.
Decision
21(1) An application under
section 20 must be reviewed by the
Registration Committee in accordance with the application for
registration process set out in sections 28 to 30 of the Act.
(2) On reviewing an application in accordance with subsection (1), the
Registration Committee must consider
(
a) the record of the hearing at which the applicant's registration
and practice permit were cancelled,
(
b) the evidence presented at the hearing,
(
c) whether the applicant meets the current requirements for
registration,
(
d) whether any conditions imposed at the time the applicant's
permit and registration were cancelled have been met, and
(
e) whether the applicant is fit to practise combined laboratory
and x-ray technology and does not pose a risk to public
safety.
(3) The Registration Committee, on reviewing an application, may
make one or more of the following:
(
a) an order denying the application;
(
b) an order directing the Registrar to reinstate the person's
registration and practice permit;
(
c) an order directing the Registrar to impose specified
conditions on the person's reinstated practice permit.
Review
22(1) An applicant whose application is denied or on whose practice
permit conditions have been imposed under
section 21(3), may apply
to the Council for a review of the decision of the Registration
Committee.
(2) Sections 31 and 32 of the Act apply to a review under subsection
(1).
Access to decision
23(1) The Registration Committee may order that its decision
pursuant to
section 21(3) be publicized in a manner it considers
appropriate.
(2) The Council may order that its decision pursuant to
section 22 be
publicized in a manner it considers appropriate.
(3) The College must, on request, make the decision of the
Registration Committee pursuant to
section 21(3) or of the Council
pursuant to
section 22 available for 5 years to the public from the date
the order is made.
Titles
Use of titles
24 Subject to an order made under
Part 4 of the Act, a ratified
settlement, any conditions imposed on a practice permit under
section
12 or under an order made under
section 21, a regulated member may
use the following titles and initials:
(
a) combined laboratory and x-ray technologist;
(
b) combined laboratory and x-ray technician;
(
c) CLXT.
Information
Requested information
25(1) In addition to the information required under
section 33(3) of
the Act, an applicant for registration and a regulated member must,
when there are any changes to the information or on the request of the
Registrar, provide the following information to the Registrar:
(
a) the applicant's or regulated member's home address,
telephone number, fax number and e-mail address as
applicable;
(
b) the name of the applicant's or regulated member's employer
and the employer's address;
(
c) the number of working hours the applicant or regulated
member has been employed in the practice of combined
laboratory and x-ray technology in the preceding 3 years by
practice areas;
(
d) a transcript of marks from the combined laboratory and x-ray
technology program attended by the applicant or regulated
member.
(2) Subject to
section 34(1) of the Act, the College may release the
information collected under subsection (1)
(
a) with the consent of the applicant or regulated member whose
information it is, or
(
b) in a summarized or statistical form so that it is not possible to
relate the information to any particular identifiable person.
Access to regulated members information
26 The period of time during which the College is required to
provide information under
section 119(4) of the Act is 5 years from the
date the information is created.
Transitional Provisions, Repeals
and Coming into Force
Transitional provisions
27 On the coming into force of this Regulation,
(
a) a registered member described in
section 6 of
Schedule 3 to
the Act is deemed to be entered in the general register, and
(
b) a temporarily registered member described in
section 6 of
Schedule 3 to the Act is deemed to be entered in the
regulated members register in the temporary register
category.
Repeal
28 The Combined Laboratory X-ray Technician Regulation
(AR 391/88) is repealed.
Coming into force
29 This Regulation comes into force on the coming into force of
Schedule 3 to the Health Professions Act.
--------------------------------
Alberta Regulation 225/2005
Agriculture Financial Services Act
AGRICULTURE FINANCIAL SERVICES AMENDMENT REGULATION
Filed: November 16, 2005
For information only: Made by the Lieutenant Governor in Council (O.C. 519/2005)
on November 15, 2005 pursuant to
section 56 of the Agriculture Financial Services
Act.
1 The Agriculture Financial Services Regulation
(AR 99/2002) is amended by this Regulation.
2 The following is added after
section 65.8:
Additional programs under CAISP
65.9(1) In connection with CAISP, the Corporation may, at the
request of the Minister, establish and operate one or more income
stabilization programs in addition to CAISP based on information
available to the Corporation under CAISP and such additional
information as the Corporation determines.
(2) A program referred to in subsection (1) may provide
(
a) for additional benefits to producers under CAISP, and
(
b) benefits to producers who are not participants under
CAISP.
(3) A program referred to in subsection (1) may set out
(
a) the benefits being provided under the program,
(
b) the circumstances under which a benefit will be paid,
and
(
c) the amount or the method of determining the amount of
benefits payable under the program.
(4) Section 65.7 applies to a program and to producers under the
program established under subsection (1).
--------------------------------
Alberta Regulation 226/2005
Marketing of Agricultural Products Act
ALBERTA PORK PRODUCERS' PLAN AMENDMENT REGULATION
Filed: November 16, 2005
For information only: Made by the Lieutenant Governor in Council (O.C. 520/2005)
on November 15, 2005 pursuant to
section 23 of the Marketing of Agricultural
Products Act.
1 The Alberta Pork Producers' Plan Regulation
(AR 219/2001) is amended by this Regulation.
Section 1(1)(o)(ii) is amended by striking out "farm unit"
and substituting "producer".
Section 22 is amended by striking out "one district
Director" and substituting "2 district Directors".
Section 23 is amended by striking out "3" and
substituting "6".
Section 34 is amended
(
a) in clause (
a) by striking out "to elect a district Director,
elect a district Director" and substituting "to elect district
Directors, elect district Directors";
(
b) in clause (
d) by striking out "Director" and
substituting "Directors".
Section 39 is amended by striking out "6" and
substituting "3".
Section 40 is amended
(
a) by repealing subsection (1) and substituting the
following:
Nominations
40(1) Where, at a district annual meeting of registered
producers, an election is to be conducted to elect district
Directors, nominations of candidates for the positions are to
be made in writing and delivered to the returning officer
prior to the commencement of that district annual meeting.
(
b) by repealing subsection (3) and substituting the
following:
(3) Where, at a district annual meeting of registered
producers, an election is to be conducted to elect delegates,
nominations of candidates for the positions are to be made in
writing and delivered to the returning officer prior to the
commencement of that district annual meeting.
Section 42 is amended
(
a) in subsection (2)
(
i) by striking out the words preceding clause (
a) and substituting the following:
(2) At each district annual meeting, each registered
producer, on presenting the producer registration card, is
to receive
(ii) by repealing clause (a)(
i) and substituting the
following:
(
i) the candidates for the positions of district
Directors, and
(
b) in subsections (3), (4)(a), (7) and (8) by striking out
"farm unit" wherever it occurs and substituting
"producer".
Section 43(1) is amended
(
a) by repealing clause (
a) and substituting the
following:
(
a) in an election for district Directors, the candidates
receiving the first and 2nd largest number of votes are
to be declared elected as district Directors;
(
b) by repealing clause (
b) and substituting the
following:
(
b) in an election for district delegates, the candidates
receiving the first, 2nd, 3rd, 4th, 5th and 6th largest
number of votes are to be declared elected as delegates;
Section 44(2) is repealed and the following is
substituted:
(2) Where another meeting is held pursuant to a notice given
under subsection (1) and the eligible voters attending that other
meeting fail to elect district Directors and at least one delegate, the
Corporation may, subject to
section 46, appoint to the vacant
positions registered producers who are eligible to hold those
positions, and on being appointed to such a position a registered
producer holds it as if elected to the position.
Section 45 is amended
(
a) by repealing subsection (1) and substituting the
following:
Election by acclamation
45(1) Where only 2 registered producers have been
nominated for the positions of district Directors for a district,
the chief returning officer is to declare the persons nominated
as being elected by acclamation.
(
b) by adding the following after subsection (1):
(1.1) Where only one registered producer has been
nominated for a position of district Director, the chief
returning officer is to declare that person nominated as being
elected by acclamation.
Section 46 is repealed and the following is substituted:
Vacancy
46 Where the position of a district Director, a Director at large or
a delegate becomes vacant, the other Directors of the Corporation,
with the approval of Council, may appoint to the vacant position a
registered producer who is eligible to hold that position and that
registered producer holds that position until the expiration of the
remaining portion of the term of office of the vacant position.
Section 48(1)(
c) is amended by striking out "farm unit"
and substituting "producer".
Section 50 is amended by striking out "6" and
substituting "3".
Section 52 is repealed and the following is substituted:
Composition of districts
52(1) District No. 1, to be known as the "South Region", consists
of that land included in the following:
(
a) Cardston County;
(
b) Municipal District of Pincher Creek No. 9;
(
c) Municipal District of Ranchland No. 66;
(
d) Municipal District of Taber;
(
e) Vulcan County;
(
f) County of Warner No. 5;
(
g) Municipal District of Willow Creek No. 26;
(
h) Improvement District No. 4 (Waterton);
(
i) County of Lethbridge;
(
j) Municipal District of Acadia No. 34;
(
k) Cypress County;
(
l) County of Forty Mile No. 8;
(
m) County of Newell No. 4;
(
n) County of Paintearth No. 18;
(
o) County of Stettler No. 6;
(
p) Special Area No. 2;
(
q) Special Area No. 3;
(
r) Special Area No. 4;
(
s) Starland County;
(
t) Town of Drumheller;
(
u) any urban area that is totally surrounded by one or a
combination of 2 or more of the municipalities referred to in
clauses (
a) to (s).
(2) District No. 2, to be known as the "Central Region", consists of
that land included in the following:
(
a) Municipal District of Bighorn No. 8;
(
b) Municipal District of Foothills No. 31;
(
c) Kneehill County;
(
d) Mountain View County;
(
e) Municipal District of Rocky View No. 44;
(
f) Wheatland County;
(
g) Kananaskis Improvement District;
(
h) Improvement District No. 9 (Banff);
(
i) Municipal District of Brazeau No. 77;
(
j) Clearwater County;
(
k) Lacombe County;
(
l) Leduc County;
(
m) Red Deer County;
(
n) Ponoka County;
(
o) County of Wetaskiwin No. 10;
(
p) any urban area that is totally surrounded by one or a
combination of 2 or more of the municipalities referred to in
clauses (
a) to (o).
(3) District No. 3, to be known as the "North Region", consists of that
land included in the following:
(
a) County of Athabasca No. 12;
(
b) Beaver County;
(
c) County of Camrose No. 22;
(
d) Flagstaff County;
(
e) Lamont County;
(
f) County of Minburn No. 27;
(
g) Municipal District of Provost No. 52;
(
h) Smoky Lake County;
(
i) Strathcona County;
(
j) County of St. Paul No. 19;
(
k) County of Thorhild No. 7;
(
l) County of Two Hills No. 21;
(
m) County of Vermilion River No. 24;
(
n) Municipal District of Bonnyville No. 87;
(
o) Municipal District of Wainwright No. 61;
(
p) Regional Municipality of Wood Buffalo;
(
q) Lakeland County;
(
r) Improvement District No. 5 (Elk Island);
(
s) Improvement District No. 24 (Wood Buffalo);
(
t) County of Barrhead No. 11;
(
u) Municipal District of Big Lakes;
(
v) Birch Hills County;
(
w) Municipal District of Clear Hills No. 21;
(
x) Municipal District of East Peace No. 131;
(
y) Municipal District of Fairview No. 136;
(
z) County of Grande Prairie No. 1;
(aa) Municipal District of Greenview No. 16;
(bb) Lac Ste. Anne County;
(cc) Municipal District of Lesser Slave River No. 124;
(dd) Municipal District of Northern Lights No. 22;
(ee) Municipal District of Mackenzie No. 23;
(ff) Municipal District of Opportunity No. 17;
(gg) Parkland County;
(hh) Municipal District of Peace No. 135;
(ii) Saddle Hills County;
(jj) Municipal District of Smokey River No. 130;
(kk) Municipal District of Spirit River No. 133;
(ll) Sturgeon County;
(mm) Westlock County;
(nn) Woodlands County;
(oo) Yellowhead County;
(pp) Improvement District No. 12 (Jasper);
(qq) Improvement District No. 25 (Willmore Wilderness);
(rr) any urban area that is totally surrounded by one or a
combination of 2 or more of the municipalities referred to in
clauses (
a) to (qq).
Section 56 is amended by striking out "February 28, 2007"
and substituting "September 30, 2012".
--------------------------------
Alberta Regulation 227/2005
Government Organization Act
COMMUNITY DEVELOPMENT GRANTS AMENDMENT REGULATION
Filed: November 16, 2005
For information only: Made by the Lieutenant Governor in Council (O.C. 521/2005)
on November 15, 2005 pursuant to
section 13 of the Government Organization Act.
1 The Community Development Grants Regulation
(AR 57/98) is amended by this Regulation.
Section 4 of
Schedule 2 is amended
(
a) in subsection (1) by striking out "Official Population
List 2002" and substituting "2004 Official Population
List";
(
b) in subsection (2) by striking out "Official Population
List 2002" and substituting "2004 Official Population
List";
(
c) by repealing subsection (2.1).
Alberta Regulation 228/2005
Public Sector Pension Plans Act
PUBLIC SECTOR PENSION PLANS (LEGISLATIVE PROVISIONS)
(DELEGATION OF ADMINISTRATION) AMENDMENT REGULATION
Filed: November 16, 2005
For information only: Made by the Lieutenant Governor in Council (O.C. 524/2005)
on November 15, 2005 pursuant to
Schedule 1,
section 12 of the Public Sector
Pension Plans Act.
1 The Public Sector Pension Plans (Legislative Provisions)
Regulation (AR 365/93) is amended by this Regulation.
Schedule 1 is amended by adding the following after
section 2:
Delegation of administration powers and duties
2.05 Subject to the Act, without affecting the Minister's
responsibilities under the Act, the Regulations or the plan rules, the
Minister may in writing delegate to any corporations that are
wholly owned by the Crown those specific powers and duties in
relation to the administration of the Plan that are given by any such
legislation to the Minister and that are specified in the delegation.
3 This Regulation comes into force on January 1, 2006.
--------------------------------
Alberta Regulation 229/2005
Judgment Interest Act
JUDGMENT INTEREST AMENDMENT REGULATION
Filed: November 16, 2005
For information only: Made by the Lieutenant Governor in Council (O.C. 529/2005)
on November 15, 2005 pursuant to
section 4 of the Judgment Interest Act.
1 The Judgment Interest Regulation (AR 364/84) is
amended by this Regulation.
2 The following is added after
section 21:
22 The interest rate from January 1, 2006 to December 31, 2006 is
prescribed at 3.50% per year.
--------------------------------
Alberta Regulation 230/2005
Environmental Protection and Enhancement Act
WASTE CONTROL AMENDMENT REGULATION
Filed: November 23, 2005
For information only: Made by the Lieutenant Governor in Council (O.C. 530/2005)
on November 23, 2005 pursuant to sections 187 and 193 of the Environmental
Protection and Enhancement Act.
1 The Waste Control Regulation (AR 192/96) is amended
by this Regulation.
Section 37 is repealed.
--------------------------------
Alberta Regulation 231/2005
Health Professions Act
REGISTERED PSYCHIATRIC AND MENTAL DEFICIENCY NURSES
PROFESSION REGULATION
Filed: November 23, 2005
For information only: Approved by the Lieutenant Governor in Council (O.C.
536/2005) on November 23, 2005 pursuant to
section 131 of the Health Professions
Act and made by the Council of the Registered Psychiatric Nurses Association of
Alberta on October 11, 2005 under the Health Professions Act.
Table of Contents
Definitions
Registers
2 Register categories
Registration
3 Registered psychiatric nurse register
4 Current qualifications
5 Equivalent jurisdiction
6 Substantial equivalence
7 Registered mental deficiency nurse register
8 Temporary register
9 Courtesy register
10 Good character
11 Liability insurance
Practice Permit
13 Renewal requirements
14 Conditions
Restricted Activities
15 Authorized activities
16 Restriction
17 Students
18 Non-regulated persons, supervision
Alternative Complaint Resolution
19 Process conductor
20 Agreement
21 Confidentiality
22 Leaving the process
Reinstatement of Registration
and Practice Permits
23 Applying for reinstatement
24 Decision on application
25 Review
26 Access to decision
Titles
27 Authorization to use titles
Information
28 Requested information
29 Access to regulated members information
Transitional Provisions, Repeals
and Coming into Force
30 Transitional
31 Repeal
32 Coming into force
Definitions
1 In this Regulation,
(a) "Act" means the Health Professions Act;
(b) "College" means College of Registered Psychiatric Nurses of
Alberta;
(c) "Complaints Director" means the complaints director of the
College;
(d) "Council" means the council of the College;
(e) "courtesy register" means the courtesy register category of
the regulated members register;
(f) "registered mental deficiency nurse register" means the
registered mental deficiency nurse category of the regulated
members register;
(g) "registered psychiatric nurse register" means the registered
psychiatric nurse category of the regulated members register;
(h) "Registrar" means the registrar of the College;
(i) "Registration Committee" means the registration committee
of the College;
(j) "temporary register" means the temporary register category
of the regulated members register.
Registers
Register categories
2 The regulated members register established by the Council under
section 33(1)(
a) of the Act has the following categories:
(
a) registered psychiatric nurse register;
(
b) registered mental deficiency nurse register;
(
c) temporary register;
(
d) courtesy register.
Registration
Registered psychiatric nurse register
3(1) An applicant for registration as a regulated member on the
registered psychiatric nurse register must have completed a diploma in
psychiatric nursing in a program approved by the Council and have
successfully passed a registration examination in psychiatric nursing
approved by the Council.
(2) An applicant under subsection (1) must have met the education
requirements set out in that subsection within the 4 years immediately
preceding the date a complete application is received by the Registrar.
Current qualifications
4 Despite
section 3, if an applicant for registration as a regulated
member does not meet the education requirements within the time
period specified in that section, the applicant must
(
a) in the 5 years immediately preceding the application, have
been employed in the practice of psychiatric nursing or its
equivalent for at least 1400 hours,
(
b) have successfully completed a refresher education program
approved by the Council within the 3 years immediately
preceding the date the complete application is received by the
Registrar, or
(
c) demonstrate to the satisfaction of the Registrar or the
Registration Committee that the applicant is currently
competent to practise psychiatric nursing.
Equivalent jurisdiction
5 An applicant for registration as a regulated member who is
currently registered in good standing in another jurisdiction recognized
by the Council under
section 28(2)(
b) of the Act as having
substantially equivalent registration requirements may be registered on
the registered psychiatric nurse register.
Substantial equivalence
6(1) An applicant for registration who is not eligible to be registered
under
section 3, 5 or 8 but whose qualifications have been determined
by the Registration Committee under
section 28(2)(
c) of the Act to be
substantially equivalent to the registration requirements under
section
3, 5 or 8 and who successfully completes the registration examination
approved by the Council may be registered on the registered
psychiatric nurse register.
(2) In determining whether or not an applicant's qualifications are
substantially equivalent under subsection (1), the Registration
Committee may require the applicant to undergo any examination,
testing or assessment activity to assist with the determination.
(3) The Registration Committee may direct the applicant to undergo
any education or training activities the Registration Committee
considers necessary in order for the applicant to be registered.
(4) The Registration Committee may request any further information
and evidence that the Registration Committee considers necessary in
order to assess an application under this section.
Registered mental deficiency nurse register
7(1) On the coming into force of this Regulation, a person who is
registered as a mental deficiency nurse under the Health Disciplines
Act is deemed to be registered as a regulated member on the registered
mental deficiency nurse register.
(2) A regulated member on the registered mental deficiency nurse
register may apply to renew a practice permit only if the regulated
member holds a practice permit that has not expired.
Temporary register
8(1) An applicant for registration who has completed the education
requirements referred to in
section 3 but has not completed the
registration examination approved by the Council may be registered on
the temporary register.
(2) A person who is registered on the temporary register may practise
only while supervised in a manner satisfactory to the Registrar or the
Registration Committee.
(3) The registration of a regulated member on the temporary register
may be valid for up to 6 months.
(4) Despite subsection (3), the Registrar may, on the application of a
registrant, extend a temporary registration.
(5) An applicant on the temporary register may make up to 3 attempts
to successfully pass the registration examination approved by the
Council.
(6) An applicant on the temporary register who does not pass the
registration examination on the 3rd attempt
(
a) must be removed from the temporary register, and
(
b) must complete a refresher program in order to be eligible to
write the examination at a later date.
(7) If a regulated member on the temporary register successfully
completes the registration examination approved by the Council, the
Registrar must remove the regulated member's name from the
temporary register and enter it on the registered psychiatric nurse
register.
Courtesy register
9(1) A person who is registered as a psychiatric nurse or its equivalent
in good standing in another jurisdiction, who requires registration in
Alberta on a temporary basis for a specified purpose and period of time
approved by the Registrar and who satisfies the Registrar of the
person's competence to provide the services related to the specified
purpose is eligible for registration on the courtesy register.
(2) A person who is registered on the courtesy register must remain
registered in the other jurisdiction while registered on the courtesy
register.
(3) A registration on the courtesy register may be valid for up to 2
months.
(4) Despite subsection (3), the Registrar may, on the application of a
registrant, extend a courtesy registration.
Good character
10 Applicants for registration as a regulated member must provide
evidence of having good character and reputation by submitting any of
the following on the request of the Registrar:
(
a) provide 2 written references from colleagues and, if
applicable, from another jurisdiction in which the applicant is
currently registered;
(
b) a statement by the applicant as to whether the applicant is
currently undergoing or in the past has undergone an
unprofessional conduct process by the College or is or has
been disciplined by another regulatory body responsible for
the regulation of psychiatric nurses or another profession that
provides a professional service;
(
c) a statement as to whether the applicant has ever pleaded
guilty or 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;
(
d) any other evidence required by the Registrar.
Liability insurance
11 All applicants for registration as regulated members must provide
evidence of having the type and amount of professional liability
insurance required by the Council.
12(1) An applicant for registration as a regulated member must be
(2) An applicant may be required by the Registrar to demonstrate
approved by the Council.
Practice Permit
Renewal requirements
13 A regulated member who applies for renewal of a practice permit
must
(
a) state whether the regulated member has pleaded guilty or
been found guilty of a criminal offence in Canada or an
offence of a similar nature in a jurisdiction outside Canada
since the member's last practice permit,
(
b) meet the requirements for liability insurance under
section
11, and
(
c) have completed the education requirements set out in
section
3 no longer than 4 years prior to the application and have
successfully completed the registration examination or have
(
i) been employed in the practice of psychiatric nursing or
its equivalent or of mental deficiency nursing for at least
1400 working hours within the previous 5 years,
(ii) successfully completed a refresher education program
approved by the Council within the previous 3 years, or
(iii) demonstrated to the satisfaction of the Registrar or
Registration Committee that the applicant is currently
competent to practise as a psychiatric nurse or mental
deficiency nurse.
Conditions
14 The Registrar or Registration Committee may impose conditions
on a practice permit which may include, but are not limited to,
(
a) practising under supervision,
(
b) limiting practice to specified practice areas approved by the
Registrar or the Registration Committee and refraining from
practising in specified practice areas or practice settings,
(
c) reporting to the Registrar or Registration Committee on
specified matters on specified dates,
(
d) prohibiting the regulated member from supervising students
of the profession or regulated members of the College,
(
e) a provision stating the time and the purposes for which the
practice permit is valid, and
(
f) completion of examinations, testing, assessment, practical
work experience or counselling.
Restricted Activities
Authorized activities
15(1) Regulated members may, within the practice of registered
psychiatric nursing or registered mental deficiency nursing and in
accordance with the standards of practice governing the performance
of restricted activities approved by the Council, perform the following
restricted activities:
(
a) 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;
(
b) 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 opening of the labia majora;
(vi) beyond the anal verge;
(vii) into an artificial opening in the body;
(
c) insert liquid into the ear canal under pressure;
(
d) dispense, compound, provide for selling or sell a
Schedule 1
drug or
Schedule 2 drug within the meaning of the
Pharmaceutical Profession Act;
(
e) administer a vaccine to those age 5 years or older;
(
f) administer parenteral nutrition;
(
g) administer blood or blood products;
(
h) administer diagnostic imaging contrast agents;
(
i) administer anaesthetic gases, including nitrous oxide for the
purposes of sedation;
(
j) administer radiopharmaceuticals, radiolabelled substances,
radioactive gases or radioaerosols;
(
k) perform a psychosocial intervention with an expectation of
treating a substantial disorder of thought, mood, perception,
orientation or memory that grossly impairs
(
i) judgment,
(ii) behaviour,
(iii) capacity to recognize reality, or
(iv) ability to meet the ordinary demands of life.
(2) Despite subsection (1)(d), a regulated member performing the
restricted activity described in that subsection shall not distribute, trade
or barter for money or valuable consideration, or keep for sale or offer
for sale a
Schedule 1 drug or a
Schedule 2 drug within the meaning of
the Pharmaceutical Profession Act, but may distribute or give away a
Schedule 1 drug or a
Schedule 2 drug without expectation or hope of
compensation or reward.
(3) A regulated member with advanced training approved by the
Council may perform the restricted activity of administering a vaccine
to persons less than 5 years of age.
(4) A regulated member may perform the restricted activity of
reducing a dislocation of a joint with the consent of and under the
supervision of a regulated member of another college if the Council of
that college, by regulation, authorizes a regulated member under
Schedule 25 to the Act to perform that restricted activity under the
supervision of its regulated members.
Restriction
16 Despite
section 15, regulated members must restrict themselves in
performing restricted activities to those activities that they are
competent to perform and to those that are appropriate to the member's
area of practice and the procedure being performed in accordance with
the standards of practice governing the performance of restricted
activities approved by the Council.
Students
17(1) A student who is enrolled in a psychiatric nursing program
approved by the Council and is receiving training in providing
restricted activities is permitted to perform the restricted activities set
out in
section 15 under the supervision of a regulated member
registered on the registered psychiatric nurse register or the registered
mental deficiency nurse register.
(2) Regulated members may supervise students of another profession
that provides health services in the provision of restricted activities that
are authorized for members of both professions and for the student.
(3) A regulated member who supervises a student must
(
a) be authorized to perform the restricted activity that is being
supervised,
(
b) be on-site with the student while the student is performing
the restricted activity, and
(
c) be available for consultation and to assist the student in
performing the restricted activity as required.
Non-regulated persons, supervision
18(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 the
restricted activity of inserting and removing instruments, devices,
fingers and hands beyond the labia majora and anal verge under
supervision by a regulated member but only if that person
(
a) has the consent of, and is being supervised in accordance
with subsection (2) by, a regulated member while performing
the 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) be authorized to perform the restricted activity being
performed,
(
b) supervise the person who is performing the restricted activity
by being available for consultation while that person is
performing the restricted activity, and
(
c) comply with the standards approved by the Council
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.
Alternative Complaint Resolution
Process conductor
19 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
20 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
21 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
22 The complainant or the investigated person may withdraw from
the alternative complaint resolution process at any time.
Reinstatement of Registration
and Practice Permits
Applying for reinstatement
23(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 practice permit reissued and the registration reinstated.
(2) An application under subsection (1) may be made
(
a) not earlier than 5 years from the date of cancellation, and
(
b) no more than once each calendar year after the refusal of an
application under
section 24(3)(a).
(3) On receipt of an application of an applicant under subsection (1),
the Registrar must refer it to the Registration Committee for review.
Decision on application
24(1) An application under
section 23 must be reviewed by the
Registration Committee in accordance with the application for
registration process set out in sections 28 to 30 of the Act.
(2) On reviewing an application in accordance with subsection (1), the
Registration Committee must also consider
(
a) whether the applicant meets the current requirements of
registration,
(
b) whether any conditions imposed at the time the applicant's
practice permit and registration were cancelled have been
met,
(
c) the nature and severity of the offence for which the
registration was cancelled,
(
d) the length of time since the offence,
(
e) any evidence of remedial treatment or learning since the
offence,
(
f) the suitability to practise of the applicant,
(
g) the record of the hearing at which the applicant's registration
and practice permit were cancelled,
(
h) whether the applicant is fit to practise nursing and does not
pose a risk to public safety, and
(
i) any other matter that the Registration Committee considers to
be relevant.
(3) The Registration Committee, on reviewing the application in
accordance with this section, must provide a written decision with
reasons containing one or more of the following orders:
(
a) an order denying the application;
(
b) an order directing the Registrar to reinstate the person's
registration and practice permit;
(
c) an order directing the Registrar to impose specific conditions
on the person's practice permit.
Review
25(1) An applicant whose application is denied or on whose practice
permit conditions have been imposed under
section 24(3) may apply to
the Council for a review of the decision of the Registration Committee.
(2) Sections 31 and 32 of the Act apply to a review under subsection
(1).
Access to decision
26(1) The College must make the decisions of the Registration
Committee or Council under
section 24(3) or 25 available for 5 years
to the public on request.
(2) The Registration Committee or Council may order that its decision
under
section 24(3) or 25 be published in a manner it considers
appropriate.
Titles
Authorization to use titles
27(1) Subject to an order made under
Part 4 of the Act or a ratified
settlement, a regulated member on the registered psychiatric nurse
register may use the following titles and initials:
(
a) registered psychiatric nurse;
(
b) psychiatric nurse;
(
c) RPN;
(
d) PN.
(2) Subject to an order made under
Part 4 of the Act or a ratified
settlement, a regulated member on the registered mental deficiency
nurse register may use the following titles and initials:
(
a) mental deficiency nurse;
(
b) registered mental deficiency nurse;
(
c) MDN;
(
d) RMDN.
(3) Subject to an order made under
Part 4 of the Act or a ratified
settlement, a regulated member registered on the temporary register
may use only the title psychiatric nurse or the initials PN.
Information
Requested information
28(1) A regulated member must provide the following information, in
addition to that required under
section 33(3) of the Act, on the initial
application, when there is any change to the information or at the
request of the Registrar:
(
a) the home address, telephone number, e-mail address and fax
number;
(
b) employer name, address, telephone number, e-mail address
and fax number;
(
c) full name, maiden name or other names;
(
d) gender;
(
e) date of birth;
(
f) location of employment;
(
g) employment dates;
(
h) registration status in the College and as a regulated member
of another college in Alberta or elsewhere;
(
i) number of practice hours in previous membership year;
(
j) employment status;
(
k) professional services area of responsibility;
(
l) employment position description;
(
m) degrees and other qualifications;
(
n) names and addresses of schools of training;
(
o) graduation dates from post-secondary courses related to
health services.
(2) Subject to
section 34(1) of the Act, the College may release the
information collected under subsection (1)
(
a) with the consent of the regulated member whose information
it is, or
(
b) in a summarized or statistical form so that it is not possible to
relate the information to any particular identifiable person.
Access to regulated members information
29 The period of time during which the College is required to
provide information under
section 119(4) of the Act is the following:
(
a) information on cancellation of a practice permit, for 2 years
after a cancellation comes into effect;
(
b) information on conditions imposed on a practice permit,
including a suspension, for the period a condition, or
suspension, is in effect;
(
c) information from the record of a hearing under
Part 4 of the
Act, including the decision, for 5 years after the date the
decision is made;
(
d) information as to whether a hearing is scheduled to be held or
has been held under
Part 4 of the Act with respect to a named
regulated member, until the hearing is completed;
(
e) any other information referred to in
section 119(4) of the Act,
for 2 years after the member ceases practice.
Transitional Provisions, Repeals
and Coming into Force
Transitional
30 On the coming into force of this Regulation, a registered member
described in
section 6 of
Schedule 25 to the Act is deemed to be
entered in the regulated member register in the register category that
the Registrar considers appropriate.
Repeal
31 The Psychiatric Nurses Regulation (AR 509/87) is repealed.
Coming into force
32 This Regulation comes into force on the coming into force of
Schedule 25 to the Health Professions Act.
Alberta Regulation 232/2005
Health Professions Act
REGISTERED NURSES PROFESSION REGULATION
Filed: November 23, 2005
For information only: Approved by the Lieutenant Governor in Council
(O.C. 538/2005) on November 23, 2005 pursuant to
section 131 of the Health
Professions Act and made by the Council of the Alberta Association of Registered
Nurses on September 8, 2005 under the Health Professions Act.
Table of Contents
Definitions
2 Register categories
Registration
3 Registered nurse register
4 Nurse practitioner register
5 Certified graduate nurse register
6 Temporary registration
7 Courtesy registration
8 Equivalent jurisdiction
9 Substantial equivalence
10 Registration exam attempts
11 Good character, reputation
12 Fitness to practise
Titles and Abbreviations
14 Authorization to use titles, etc.
Restricted Activities
15 Authorized restricted activities
16 Restriction
17 Students
18 Non-regulated persons, supervision
Continuing Competence
19 Program
20 Practice visits
Practice Permit
21 Renewal requirements
22 Conditions
Alternative Complaint Resolution
23 Referral to ACR
24 ACR conductor
25 Agreement
26 Confidentiality
Reinstatement
27 Application
28 Review process
29 Hearing
30 Deliberations
31 Decision
32 Access to decision
Information
33 Providing information
34 Correcting information
Section 119 information
Transitional Provisions, Repeals
and Coming into Force
36 Transitional
37 Repeals
38 Coming into force
Definitions
1 In this Regulation,
(a) "approved nursing program" means a nursing education
program approved by the Nursing Education Program
Approval Board in accordance with nursing education
standards and criteria approved by the Council;
(b) "certified graduate nurse register" means the certified
graduate nurse category of the regulated members register;
(c) "College" means the College and Association of Registered
Nurses of Alberta;
(d) "Competence Committee" means the competence committee
of the College;
(e) "Complaints Director" means the complaints director of the
College;
(f) "Council" means the council of the College;
(g) "courtesy register" means the courtesy category of the
regulated members register;
(h) "Hearings Director" means the hearings director of the
College;
(i) "membership year" means a membership year as determined
in accordance with the bylaws under
section 132 of the Act;
(j) "nurse practitioner register" means the nurse practitioner
category of the regulated members register;
(k) "Nursing Education Program Approval Board" means the
Nursing Education Program Approval Board continued
pursuant to bylaws under
section 132 of the Act;
(l) "registered nurse register" means the registered nurse
category of the regulated members register;
(m) "Registrar" means the registrar of the College;
(n) "Registration Committee" means the registration committee
of the College;
(o) "registration exam" means a registration examination
approved by the Council;
(p) "Reinstatement Review Committee" means a reinstatement
review committee of the College;
(q) "temporary register" means the temporary 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) registered nurse register;
(
b) nurse practitioner register;
(
c) certified graduate nurse register;
(
d) temporary register;
(
e) courtesy register.
Registration
Registered nurse register
3(1) An applicant for registration as a regulated member on the
registered nurse register must
(
a) have successfully completed as an education requirement
either
(
i) on and before December 31, 2009, a diploma or
baccalaureate degree in nursing from an approved
nursing program undertaken in Alberta, or
(ii) on and after January 1, 2010, a baccalaureate degree in
nursing from an approved nursing program undertaken
in Alberta,
and
(
b) pass the registration exam.
(2) An applicant for registration under subsection (1) must pass the
registration exam and complete the registration process within the 5
years immediately following the date of completion of one of the
education programs referred to in subsection (1)(a).
(3) Despite subsection (2), an applicant who meets the requirements of
subsection (1)(
a) but does not meet the requirements of subsection
(2) may be registered as a regulated member on the registered nurse
register only if the applicant has
(
a) met any additional requirements imposed by the Registration
Committee, and
(
b) passed the registration exam.
Nurse practitioner register
4(1) An applicant for registration as a regulated member on the nurse
practitioner register must
(
a) have successfully completed a baccalaureate degree in
nursing satisfactory to the Registration Committee,
(
b) have completed 4500 hours of registered nursing practice
satisfactory to the Registration Committee,
(
c) have successfully completed a nurse practitioner education
program approved by the Council,
(
d) be registered on the registered nurse register, and
(
e) have passed any examination respecting nurse practitioner
practice approved by the Council.
(2) Despite subsection (1), an applicant who does not meet the
requirements of subsection (1)(
a) or (
c) or subsection (1)(
a) and (
c) may be registered as a regulated member on the nurse practitioner
register if the applicant
(
a) provides evidence satisfactory to the Registration Committee
that the applicant has education and experience that is
substantially equivalent to the requirements of subsection
(1)(
a) or (
c) or subsection (1)(
a) and (c),
(
b) has, in the opinion of the Registration Committee, sufficient
knowledge, skill and experience to practise as a nurse
practitioner, and
(
c) has met the requirements of subsection (1)(b), (
d) and (e).
(3) In determining whether or not an applicant's qualifications are
substantially equivalent under subsection (2) and whether the applicant
has sufficient knowledge, skill and experience, the Registrar may
require the applicant to undergo examinations, testing and assessment
activities to assist with the determination.
(4) The Registrar may direct the applicant to undergo any education or
training activities the Registrar may consider necessary in order for the
applicant to be registered on the nurse practitioner register.
(5) The Council may limit the number of times that an applicant may
attempt to pass a nurse practitioner exam approved by the Council
under subsection (1)(e).
Certified graduate nurse register
5(1) On the coming into force of this Regulation, only a person who is
registered as a certified graduate nurse under the Nursing Profession
Act continues to be registered as a regulated member on the certified
graduate nurse register.
(2) Despite subsection (1), on the coming into force of this
Regulation, a person who is not registered as a certified graduate nurse
under the Nursing Profession Act but had previously been so registered
is eligible to be registered on the certified graduate nurse register if
(
a) the person has completed 1125 hours of certified graduate
nursing practice within the previous 5 membership years
satisfactory to the Registrar, or
(
b) the person successfully completes a nursing refresher
program approved by the Council.
Temporary registration
6(1) An applicant who has applied for registration under
section 3, 4,
8 or 9 may, at the discretion of the Registrar, be registered on the
temporary register until the requirements for registration have been
met.
(2) An applicant who is enrolled in the clinical practicum of a nursing
refresher program approved by the Council to meet the requirements
for registration may be registered on the temporary register but may
practise only within the clinical practicum of the refresher program.
(3) An applicant who is enrolled in additional courses, as required by
the Registrar, that have clinical practicums to meet the requirements
for registration may be registered on the temporary register but may
practise only within the clinical practicums of the courses.
(4) The registration of a regulated member on the temporary register is
valid for up to 6 months and each registration may be renewed no more
than 2 times, unless, in the opinion of the Registration Committee,
there are extenuating circumstances.
(5) If a regulated member on the temporary register passes a
registration exam or successfully completes a refresher program
approved by the Council, and continues to meet all other registration
requirements of the Act and this Regulation, the Registrar must remove
the regulated member's name from the temporary register and enter it
on the appropriate category of the regulated members register.
Courtesy registration
7(1) A registered nurse or nurse practitioner in good standing in
another jurisdiction recognized by the Council who requires
registration in Alberta on a temporary basis for a specified purpose
approved by the Registrar and who satisfies the Registrar of having
competence to provide the services related to the specified purpose is
eligible for registration on the courtesy register.
(2) The registration of a person registered on the courtesy register is
valid for the term specified by the Registrar but may not exceed one
year unless, in the opinion of the Registration Committee, there are
extenuating circumstances.
(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.
Equivalent jurisdiction
8(1) An applicant for registration on the registered nurse register who
is currently registered in good standing in another jurisdiction
recognized by the Council under
section 28(2)(
b) of the Act as having
substantially equivalent registration requirements is eligible to be
registered on the registered nurse register.
(2) An applicant under this
section must provide evidence satisfactory
to the Registrar of, within the previous 5 membership years,
(a) 1125 hours of registered nursing practice,
(
b) successful completion of a degree or a nursing program
satisfactory to the Registrar, or
(
c) successful completion of a nursing refresher program
satisfactory to the Council.
Substantial equivalence
9(1) An applicant who does not meet the 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 set out in
section 3 may be registered on the
appropriate register.
(2) In determining whether or not an applicant's qualifications are
substantially equivalent under subsection (1), the Registrar may require
the applicant to undergo examinations, testing and assessment
activities to assist with the determination.
(3) The Registrar may direct the applicant to undergo any education or
training activities the Registrar may consider necessary in order for the
applicant to be registered.
(4) An applicant under this
section must have passed the registration
exam and must provide evidence satisfactory to the Registrar of, within
the previous 5 membership years,
(a) 1125 hours of registered nursing practice,
(
b) successful completion of a degree or a nursing program
satisfactory to the Registrar, or
(
c) successful completion of a nursing refresher program
satisfactory to the Council.
(5) Despite subsection (4), the Registration Committee may waive the
requirement to have passed the registration exam if there are
extenuating circumstances and the Registration Committee is of the
opinion that the applicant has sufficient registered nursing experience,
knowledge and competence.
Registration exam attempts
10 An applicant for registration as a regulated member who fails the
registration exam 3 times is not eligible to take the registration exam
again unless
(
a) the applicant completes another entry-level nursing education
program that is an approved nursing program, or
(
b) the applicant satisfies the Registration Committee that there
are extenuating circumstances and the Registration
Committee agrees to allow the applicant to write the
registration exam an additional time.
Good character, reputation
11 An applicant for registration as a regulated member must provide
evidence satisfactory to the Registrar of having good character and
reputation by submitting one or more of the following on the request of
the Registrar:
(
a) written references with respect to the applicant's nursing
practice from an employer or educational institution;
(
b) a 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 registered nursing or another profession that
provides a professional service;
(
c) a statement as to whether the applicant has ever 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;
(
d) any other evidence as required.
Fitness to practise
12 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.
13 An applicant for registration as a regulated member whose first
accordance with the standards approved by the Council proficiency in
safe and competent nursing practice.
Titles and Abbreviations
Authorization to use titles, etc.
14(1) A regulated member registered on the registered nurse register
may use the title registered nurse and the initials RN.
(2) A regulated member registered on the certified graduate nurse
register may use the title certified graduate nurse and the initials CGN.
(3) A regulated member registered on the registered nurse register
with an earned doctoral degree may use the title doctor and the initials
Dr. in conjunction with the delivery of professional services.
(4) A regulated member registered on the nurse practitioner register
may used the title nurse practitioner and the initials NP.
(5) A regulated member registered on the registered nurse register
may use the title "specialist" in conjunction with the delivery of
professional nursing services in accordance with the standards of
practice adopted by the Council in accordance with the bylaws and
section 133 of the Act.
Restricted Activities
Authorized restricted activities
15(1) Regulated members on any register may, within the practice of
registered nursing and in accordance with the standards of practice
governing the performance of restricted activities approved by the
Council, 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;
(
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 into the body;
(
c) to insert into the ear canal under pressure, liquid, air or gas;
(
d) to reduce a dislocation of a joint except for a partial
dislocation of the joints of the fingers and toes;
(
e) to dispense, compound, provide for selling or sell a
Schedule
1 drug or
Schedule 2 drug within the meaning of the
Pharmaceutical Profession Act;
(
f) to administer a vaccine or parenteral nutrition;
(
g) to compound or administer blood or blood products;
(
h) to administer diagnostic imaging contrast agents;
(
i) to administer radiopharmaceuticals, radiolabelled substances,
radioactive gases or radioaerosols;
(
j) to prescribe or administer nitrous oxide, for the purposes of
anaesthesia or sedation;
(
k) to perform a psychosocial intervention with an expectation of
treating a substantial disorder of thought, mood, perception,
orientation or memory that grossly impairs
(
i) judgment,
(ii) behaviour,
(iii) capacity to recognize reality, or
(iv) ability to meet the ordinary demands of life;
(
l) to manage labour or deliver a baby.
(2) Despite subsection (1)(e), a regulated member on any register
performing the restricted activity described in that subsection shall not
distribute, trade or barter for money or valuable consideration, or keep
for sale or offer for sale a
Schedule 1 drug or a
Schedule 2 drug within
the meaning of the Pharmaceutical Profession Act but may distribute
or give away a
Schedule 1 drug or a
Schedule 2 drug without
expectation or hope of compensation or reward.
(3) A regulated member registered on the registered nurse register or
on the certified graduate nurse register may, within the practice of
registered nursing, perform the restricted activity of ordering or
applying non-ionizing radiation in the application of ultrasound
imaging.
(4) Despite subsection (3), regulated members on the registered nurse
register or on the certified graduate nurse register are authorized to
apply ultrasound to a fetus only under the supervision of a person who
provides health services and is authorized by a regulation under this
Act or by another enactment to apply ultrasound to a fetus.
(5) A regulated member on the nurse practitioner register may, within
the practice of registered nursing, perform the restricted activities
listed in subsection (1) and the following additional restricted activities
when practising as a nurse practitioner:
(
a) to prescribe a
Schedule 1 drug within the meaning of the
Pharmaceutical Profession Act;
(
b) to prescribe parenteral nutrition;
(
c) to prescribe blood products;
(
d) to order and apply any form of ionizing radiation in medical
radiography;
(
e) to order any form of ionizing radiation in nuclear medicine;
(
f) to order non-ionizing radiation in magnetic resonance
imaging;
(
g) to order or apply non-ionizing radiation in ultrasound
imaging, including any application of ultrasound to a fetus;
(
h) to prescribe diagnostic imaging contrast agents;
(
i) to prescribe radiopharmaceuticals, radiolabelled substances,
radioactive gases and radioaerosols.
Restriction
16(1) Despite
section 15, regulated members must restrict themselves
in performing restricted activities to those activities that they are
competent to perform and to those that are appropriate to the member's
area of practice and the procedures being performed.
(2) A regulated member who performs a restricted activity must do so
in accordance with the standards of practice adopted by the Council in
accordance with the bylaws and
section 133 of the Act.
Students
17(1) A nursing student who is enrolled in an approved nursing
program and who is participating in a clinical practicum in Alberta or
is employed as an undergraduate nursing employee in Alberta is
permitted to perform the restricted activities set out in
section 15(1)
and (3) under the supervision of a regulated member who is authorized
to perform those restricted activities.
(2) A nursing student who is enrolled in a nursing education program
outside Alberta that leads to eligibility to write the registration exam
and who is participating in a clinical practicum in Alberta or is
employed as an undergraduate nursing employee in Alberta is
permitted to perform the restricted activities set out in
section 15(1)
and (3) under the supervision of a regulated member who is authorized
to perform those restricted activities.
(3) A nursing student outside Canada who has visiting nursing student
status in an approved nursing program in Alberta and who is
participating in a clinical practicum of the program in Alberta is
permitted to perform the restricted activities set out in
section 15(1)
and (3) under the supervision of a regulated member who is authorized
to perform those restricted activities.
(4) A regulated member who is on the registered nurse register and is
enrolled in a nurse practitioner education program approved by the
Council is permitted to perform the restricted activities referred to in
section 15(5) as part of the clinical practicum of the nurse practitioner
education program if the regulated member is under the supervision of
a regulated member who is authorized to perform those restricted
activities.
(5) A student in a nurse practitioner education program outside
Alberta is permitted to perform the restricted activities set out in
section 15(5) in a clinical practicum in Alberta if the student
(
a) is registered on the registered nurse register,
(
b) has visiting student status in a nurse practitioner education
program approved by the Council, and
(
c) is supervised by a regulated member authorized to perform
those restricted activities.
(6) A student in a health services program of studies, other than an
approved nursing program, who is authorized by an enactment to
perform a restricted activity set out in
section 15(1) or (3) is permitted
to perform that restricted activity under the supervision of a regulated
member who is authorized to perform that restricted activity.
(7) Supervision under this
section must be carried out in accordance
with the standards for supervision of students adopted by the Council
in accordance with the bylaws and
section 133 of the Act.
Non-regulated persons, supervision
18(1) A person who is not referred to in
section 4(1)(
a) of
Schedule
7.1 to the Government Organization Act is permitted to perform the
restricted activity of inserting and removing instruments, devices,
fingers and hands beyond the labia majora and anal verge under
supervision by a regulated member but only if that person
(
a) has the consent of, and is being supervised in accordance
with subsection (2) by, a regulated member while performing
the 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) be authorized to perform the restricted activity being
performed,
(
b) supervise the person who is performing the restricted activity
by being available for consultation while that person is
performing the restricted activity, and
(
c) comply with the standards approved by the Council
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
Program
19(1) As part of the continuing competence program, regulated
members must
(
a) complete, in each membership year, a reflective practice
review, in a form satisfactory to the Competence Committee,
and
(
b) meet the renewal requirements of
section 21(1)(
d) and (3).
(2) A reflective practice review includes
(
a) a personal assessment of the member's own nursing practice
against the Nursing Practice Standards adopted by the
Council in accordance with the bylaws and
section 133 of the
Act or any other criteria approved by the Competence
Committee,
(
b) the development and implementation of a written learning
plan which follows from the member's assessment of that
member's practice,
(
c) a written evaluation of the result of the learning pursuant to
the plan in clause (
b) on the member's practice, and
(
d) feedback regarding the regulated member's nursing practice
obtained by the regulated member.
(3) A reflective practice review must be completed in each
membership year and be retained by the regulated member for 5
membership years from the end of the membership year in which the
reflective practice review was completed.
(4) On the request of the Competence Committee, a regulated member
must provide satisfactory evidence of having met the requirements of
subsections (1) and (2), in each membership year of the 5 membership
years preceding the request.
(5) If the results of a review of the evidence submitted under
subsection (4) are unsatisfactory, the Competence Committee must
direct a regulated member to undertake one or more of the following:
(
a) to complete specific continuing competence program
requirements or professional development activities within a
specified time period;
(
b) to report to the Competence Committee on specified matters
related to the continuing competence program requirements;
(
c) to correct any problems identified in the reflective practice
review.
Practice visits
20(1) A person or persons appointed under
section 11 of the Act are
authorized to carry out practice visits and may, for the purpose of
assessing continuing competence, select individual regulated members
for a practice visit based on criteria developed by the Competence
Committee and approved by the Council.
(2) If the results of a practice visit are unsatisfactory, the Competence
Committee may direct a regulated member to undertake one or more of
the following:
(
a) to complete specific continuing competence program
requirements or professional development activities within a
specified time period;
(
b) to report to the Competence Committee on specified matters
on specified dates;
(
c) to correct any problems identified in the practice visit;
(
d) to complete any other activity required to be completed by
the Competence Committee.
Practice Permit
Renewal requirements
21(1) A regulated member applying for renewal of that member's
practice permit must provide evidence satisfactory to the Registrar of
(
a) completing the continuing competence program
requirements,
(
b) good character and reputation as set out in
section 11,
(
c) the regulated member's fitness to practise, and
(
d) within the previous 5 membership years, completing
(i) 1125 hours of registered nursing practice,
(ii) a degree or a nursing program satisfactory to the
Registrar, or
(iii) a nursing refresher program satisfactory to the Council.
(2) Despite subsection (1), a regulated member who does not meet the
requirements of subsection (1) may instead meet any other
requirements, as determined by the Registration Committee.
(3) A regulated member who is a nurse practitioner must, in addition
to the requirements of subsection (1), provide evidence satisfactory to
the Registrar of 600 hours of nurse practitioner practice within the
previous 2 membership years.
(4) Despite subsection (3), a nurse practitioner who does not meet the
requirements of subsection (3) may instead meet any other
requirements, as determined by the Registration Committee.
Conditions
22 When issuing a practice permit, the Registrar may impose
conditions, including, but not limited to, the following:
(
a) practising under supervision;
(
b) limiting the practice to specified professional services or to
specified areas of the practice of registered nursing;
(
c) refraining from performing specified restricted activities.
Alternative Complaint Resolution
Referral to ACR
23 When the Complaints Director considers whether to make the
referral under
section 58 of the Act to an alternative complaint
resolution process, the Complaints Director must consider the
guidelines approved by the Council.
ACR conductor
24 If the Complaints Director considers, under
section 23, that a
referral is appropriate and the complainant and the 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
25(1) 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 before proceeding with the alternative
complaint resolution process.
(2) The agreement must include
(
a) the scope of the process, which may include agreeing to
address part of the complaint through separate processes,
(
b) who will participate in the process,
(
c) the person or persons who will conduct the process and
whether that person is to act as mediator, facilitator or
conciliator or in some other capacity,
(
d) how the process may be terminated and by whom,
(
e) the participation and role of the College,
(
f) any time frames for progress or completion of the process,
and
(
g) any other terms that are considered appropriate.
Confidentiality
26 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.
Reinstatement
Application
27(1) A person whose registration and practice permit have been
cancelled under
Part 4 of the Act may apply in writing to the
Complaints Director to have the registration and practice permit
reinstated.
(2) An applicant must include in the application
(
a) the applicant's home address and telephone number, and
(
b) actions that the applicant has taken since the cancellation.
(3) An application under subsection (1) may not be made earlier than
(a) 2 years after the cancellation, or
(b) 2 years after the refusal of an application for reinstatement.
Review process
28(1) The Complaints Director must, on receipt of an application
under
section 27, refer it to the Hearings Director and the Hearings
Director must select a Reinstatement Review Committee, in
accordance with the bylaws, to hold a hearing in respect of the
application.
(2) The Hearings Director must provide to the person making the
application, at least 30 days before the date of the hearing, written
notice of the time and place of the hearing.
(3) The hearing must be held within 90 days from the date the
Hearings Director selects a Reinstatement Review Committee under
subsection (1), unless
(
a) the Hearings Director has not been able to serve the applicant
under subsection (2), or
(
b) the applicant and Complaints Director agree otherwise.
Hearing
29(1) The hearing is open to the public unless the Reinstatement
Review Committee determines on its own motion or on application by
any person that the hearing or part of it should be in private because
(
a) of probable prejudice to a civil action or a prosecution of an
offence,
(
b) of concern for the safety of the person or the public,
(
c) the non-disclosure of a person's confidential, personal,
property acquisition or financial information outweighs the
desirability of having the reinstatement hearing open to the
public, or
(
d) of other reasons satisfactory to the Reinstatement Review
Committee.
(2) The applicant must present evidence of the actions taken since the
cancellation.
(3) The Complaints Director or a person that the Complaints Director
designates may appear at the hearing on behalf of the College to
present evidence, including a copy of the decision and the portions,
that the Complaints Director considers relevant, of the record of the
hearing at which the applicant's registration and practice permit were
cancelled and any other relevant information from the hearing, and to
make submissions respecting the application.
(4) The following may be represented by legal counsel at the hearing:
(
a) the Reinstatement Review Committee;
(
b) the applicant;
(
c) the Complaints Director or a person designated under
subsection (3).
(5) Evidence may be given before the Reinstatement Review
Committee in any manner that it considers appropriate and it is not
bound by the rules of law respecting evidence applicable to judicial
hearings.
Deliberations
30(1) In making its decision, the Reinstatement Review Committee
must
(
a) consider the decision that is the subject of the review and any
relevant portions of the record of the hearing at which the
applicant's registration and practice permit were cancelled,
and
(
b) consider whether the applicant is fit to practise nursing and
does not pose a risk to public safety.
(2) The Reinstatement Review Committee must, within 60 days after
completing the hearing, make one or more of the following orders:
(
a) an order denying the application;
(
b) an order directing the Registrar to reinstate the applicant's
registration and practice permit, subject to the applicant
meeting the requirements for registration;
(
c) an order directing the Registrar to impose conditions on the
applicant's practice permit;
(
d) an order directing the applicant to pay any or all of the
College's expenses incurred in respect of the application as
calculated in accordance with the bylaws;
(
e) any other order that the Reinstatement Review Committee
considers necessary for the protection of the public.
Decision
31(1) The Reinstatement Review Committee must provide reasons to
the applicant for the order it makes under
section 30.
(2) The Reinstatement Review Committee's decision under
section 30
is final.
Access to decision
32 The Reinstatement Review Committee may order that a decision
under
section 30 be publicized in a manner it considers appropriate.
Information
Providing information
33(1) A regulated member must provide the following information in
addition to that required under
section 33(3) of the Act when there is a
change to the information or at the request of the Registrar:
(
a) home address and telephone number;
(
b) full legal name and previous names as applicable;
(
c) date of birth and gender;
(
d) the name of the employers or agencies where the member
provides professional services as a paid or unpaid employee,
consultant, contractor or volunteer and the addresses of the
locations where the professional services are provided;
(
e) number of practice hours in previous membership year;
(
f) name of educational institution and year of graduation from a
nursing program;
(
g) information required for reciprocal or federal, provincial or
territorial health workforce planning data sharing or research
agreements.
(2) Subject to
section 34(1) of the Act, the College may release the
information collected under subsection (1)
(
a) with the consent of the regulated member whose information
it is, or
(
b) in a summarized or statistical form so that it is not possible to
relate the information to any particular identifiable person.
Correcting information
34 The Registrar may correct or remove any information in the
register if the Registrar determines it is incorrect or inaccurate or add
information required by the bylaws or for proper administration.
Section 119 information
35 The College must disclose the following information referred to in
section 119(4) of the Act as follows:
(
a) information on cancellation of practice permits and on
practice permits with conditions for as long as the
cancellation or conditions are in effect;
(
b) information from the record of a hearing under
Part 4 of the
Act for 5 years after the date the record was created;
(
c) information as to whether a hearing is scheduled to be held or
has been held under
Part 4 of the Act in respect of a regulated
member until the hearing is completed.
Transitional Provisions, Repeals
and Coming into Force
Transitional
36 On the coming into force of this Regulation, a registered member
described in
section 6 of
Schedule 24 to the Act is deemed to be
entered on the regulated members register in the register category that
the Registrar considers appropriate.
Repeals
37 The following regulations are repealed:
(
a) Registration Regulation (AR 453/83);
(
b) General Regulation (AR 454/83);
(
c) Certified Graduate Nurse Regulation (AR 455/83);
(
d) Code of Ethics Regulation (AR 456/83);
(
e) Regulation and By-law Approval Regulation (AR 355/83);
(
f) Nursing Profession Extended Practice Roster Regulation
(AR 16/99).
Coming into force
38 This Regulation comes into force on the coming into force of
Schedule 24 to the Health Professions Act.
--------------------------------
Alberta Regulation 233/2005
Municipal Government Act
QUALIFICATIONS OF ASSESSOR REGULATION
Filed: November 28, 2005
For information only: Made by the Minister of Municipal Affairs (M.O. L:155/05)
on November 21, 2005 pursuant to
section 322(
a) of the Municipal Government Act.
Table of Contents
Definitions
2 Qualifications of assessor
3 Report by assessor
4 Repeal
5 Expiry
6 Coming into force
Definitions
1 In this Regulation,
(a) "Act" means the Municipal Government Act;
(b) "Assessment Quality Minister's Guidelines" has the meaning
given to it in the Matters Relating to Assessment and
Taxation Regulation (AR 220/2004).
Qualifications of assessor
2 No person is eligible to be an assessor within the meaning of
section 284(1)(
d) of the Act unless the person
(
a) is registered as an accredited municipal assessor of Alberta
(AMAA) under the Municipal Assessor Regulation
(AR 84/94),
(
b) holds the designation Certified Assessment Evaluator (CAE)
issued by the International Association of Assessing Officers,
(
c) holds the designation Accredited Appraiser Canadian
Institute (AACI) issued by the Appraisal Institute of Canada,
(
d) has qualifications or experience or a combination of
qualifications and experience that, in the opinion of the
Minister, is equivalent to one or more of the qualifications
referred to in clauses (
a) to (c).
Report by assessor
3 A person appointed as a designated officer to carry out the duties
and responsibilities of an assessor under the Act on behalf of a
municipality must declare to the Minister, annually in accordance with
the Assessment Quality Minister's Guidelines, the person's name and
qualifications to carry out those duties and responsibilities.
Repeal
4 The Qualifications of Assessor Regulation (AR 54/99) is repealed.
Expiry
5 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 May 31, 2012.
Coming into force
6 This Regulation comes into force on January 31, 2006.
--------------------------------
Alberta Regulation 234/2005
Provincial Parks Act
PROVINCIAL PARKS GENERAL
(2005) AMENDMENT REGULATION
Filed: November 28, 2005
For information only: Made by the Minister of Community Development
(M.O. 36/05) on November 21, 2005 pursuant to
section 12 of the Provincial Parks
Act.
1 The General Regulation (AR 102/85) is amended by this
Regulation.
Section 15 is amended by adding the following after
subsection (3):
(4) Subsection (2) does not apply to a guide dog used by a person in
accordance with the Blind Persons' Rights Act.
Section 16 is amended by striking out "having custody or
control of an animal shall bring the animal" and substituting "shall
bring an animal other than a guide dog used by a person in accordance
with the Blind Persons' Rights Act".
Section 50 is amended by striking out "2005" and
substituting "2012".
Alberta Regulation 235/2005
Public Sector Pension Plans Act
PUBLIC SECTOR PENSION PLANS (LEGISLATIVE
PROVISIONS) (LAPP-PSPP PORTABILITY ARRANGEMENTS,
ETC.) AMENDMENT REGULATION
Filed: November 30, 2005
For information only: Made by the Lieutenant Governor in Council (O.C. 557/2005)
on November 30, 2005 pursuant to
section 6 and Schedules 1, 2, 4, 5 and 6,
section 12
of the Public Sector Pension Plans Act.
1 The Public Sector Pension Plans (Legislative Provisions)
Regulation (AR 365/93) is amended by this Regulation.
Section 13(3) is amended by striking out "2005" and
substituting "2006".
Part 2 is amended by adding the following after the
heading "Transfers Between Plans":
Portability arrangements between
LAPP and PSPP
16.15(1) Pursuant to
section 12(g.1) of Schedules 1 and 2 to the
Act (and as distinct from the powers conferred by
section 84 of the
plans' plan rules), the Minister may by order establish portability
arrangements between the Local Authorities Pension Plan and the
Public Service Pension Plan, after consulting with the pension
boards for those plans, for the purpose of enabling the transfer of
pension entitlements from one plan to the other with respect to an
identified group of persons.
(2) An order under subsection (1) is to be treated as incorporated
by reference in this Part.
--------------------------------
Alberta Regulation 236/2005
Securities Act
SECURITIES AMENDMENT REGULATION
Filed: November 30, 2005
For information only: Made by the Lieutenant Governor in Council (O.C. 558/2005)
on November 30, 2005 pursuant to
section 223 of the Securities Act.
1 The Securities Regulation (AR 115/95) is amended by
this Regulation.
2 The
Schedule is amended
(
a) in
section 5 by repealing subsection (1) and
substituting the following:
5(1) Subject to subsection (2), a report of exempt distribution
required to be filed in connection with the use of an exemption
from the prospectus requirements under Alberta securities laws
shall be accompanied by a fee equal to $100 and the amount, if
any, by which,
(
a) in the case of a money market mutual fund, 0.02% of
the net proceeds,
(
b) in the case of any other mutual fund, 0.02% of the gross
proceeds, or
(
c) in any other case, 0.025% of the gross proceeds
realized in Alberta by the issuer or selling security holder from
the distribution in respect of which the report of exempt
distribution is filed exceeds $100.
(
b) in
section 6(1) by striking out "sections 86(1)(
o) and
131(1)(
h) of the Act" and substituting "section 2.1 of NI
45-106";
(
c) by repealing
section 9 and substituting the
following:
9(1) The annual financial statements filed by or on behalf of a
reporting issuer for the purpose of annual continuous disclosure
shall be accompanied by a fee of
(a) $2000, if the reporting issuer has filed in any
jurisdiction of Canada a notice declaring its intention to
be qualified to file a short form prospectus under
NI 44-101, or
(b) $250, in all other cases.
(2) If a reporting issuer has paid the fee referred to in subsection
(1)(
b) but subsequently files, in any jurisdiction of Canada, a
notice declaring its intention to be qualified to file a short form
prospectus under NI 44-101, the reporting issuer shall pay to the
Commission an additional fee of $1750 concurrently with the
filing of the notice.
(3) In addition to the fee payable under subsection (1), annual
financial statements filed outside the prescribed time period by or
on behalf of a reporting issuer for the purpose of annual
continuous disclosure shall be accompanied by a fee of $100.
3 This Regulation comes into force on December 30, 2005.
--------------------------------
Alberta Regulation 237/2005
Gas Utilities Act
DESIGNATION REGULATION
Filed: November 30, 2005
For information only: Made by the Lieutenant Governor in Council (O.C. 559/2005)
on November 30, 2005 pursuant to sections 26 and 27 of the Gas Utilities Act.
1 Sections 26 and 27 of the Gas Utilities Act apply to the following
owners of gas utilities:
(
a) AltaGas Utilities Inc.;
(
b) AltaGas Utility Holdings Inc.;
(
c) ATCO Gas and Pipelines Ltd.;
(
d) Canadian Utilities Limited;
(
e) CU Inc.
2 The Designation Regulation (AR 104/2000) is repealed.
3 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be
repassed in its present or an amended form following a review, this
Regulation expires on November 30, 2015.
Alberta Regulation 238/2005
Natural Gas Price Protection Act
NATURAL GAS PRICE PROTECTION AMENDMENT REGULATION
Filed: November 30, 2005
For information only: Made by the Lieutenant Governor in Council (O.C. 560/2005)
on November 30, 2005 pursuant to
section 7 of the Natural Gas Price Protection Act.
1 The Natural Gas Price Protection Regulation
(AR 157/2001) is amended by this Regulation.
Section 1 is amended
(
a) in subsection (h.1)(ii) by adding "subject to subsection
(4)," before "in the case of an agricultural consumer,";
(
b) by adding the following after subsection (3):
(4) For the 12-month period from April 1, 2005 to March 31,
2006, an agricultural consumer, whether or not the agricultural
consumer made an election referred to in subsection
(1)(h.1)(ii)(
A) may elect to include one further month during
that period, which election must be made by notice in writing
to the Minister, not later than August 31,
Section 2 is amended by adding the following after
subsection (1):
(1.1) Notwithstanding subsections (1) and (2), when any of the gas
cost recovery rates or gas cost flow-through rates, as the case may
be, for marketable gas approved by the Alberta Energy and
Utilities Board in respect of a particular calendar month for the gas
distributors referred to in subsection (1) or their default supply
providers is more than $12.00/GJ, the Alberta Price in respect of
that month is the highest of those rates.
(1.2) Subsection (1.1) applies with respect to the determination of
the Alberta Price after November 2005.
Section 20(1) is amended by striking out "or" after clause
(a), by adding "or" after clause (
b) and by adding the
following after clause (b):
(
c) accept documents from an eligible consumer up to 2 years
after a time referred to in
section 9(6.2) or 16(2) if the
required documents were provided by the vendor after that
time.
Schedule 2 is amended
(
a) in Note 2 by striking out "calculated under Note 1" and
substituting "referred to in Row 4";
(
b) by adding the following at the end of the Schedule:
The amount of rebate payable under Parts 2 and 3 of the
Regulation for the months of October, November and
December, 2005, and for the month of January, 2006, may, for
classes of consumers determined by the Minister of Energy, be
increased by such amount determined by the Minister of
Energy.
--------------------------------
Alberta Regulation 239/2005
Municipal Government Act
CAPITAL REGION ASSESSMENT SERVICES COMMISSION
AMENDMENT REGULATION
Filed: November 30, 2005
For information only: Made by the Lieutenant Governor in Council (O.C. 571/2005)
on November 30, 2005 pursuant to
section 602.02 of the Municipal Government Act.
1 The Capital Region Assessment Services Commission
Regulation (AR 77/96) is amended by this Regulation.
2 The
Schedule is repealed and the following is
substituted:
Schedule
The Summer Village of Argentia Beach
The Town of Barrhead
The Town of Devon
The Summer Village of Edmonton Beach
The City of Fort Saskatchewan
The Summer Village of Grandview
The Summer Village of Larkspur
The Town of Mayerthorpe
The Town of Millet
The Summer Village of Norris Beach
The Village of Onoway
The Summer Village of Poplar Bay
The Town of Redwater
The Village of Sangudo
The Summer Village of Seba Beach
The Summer Village of Silver Beach
The Summer Village of Silver Sands
The Town of Stony Plain
The Village of Waskatenau
3 This Regulation comes into force on January 1, 2006.
--------------------------------
Alberta Regulation 240/2005
Municipal Government Act
EQUALIZED ASSESSMENT VARIANCE REGULATION, 2006
Filed: November 30, 2005
For information only: Made by the Lieutenant Governor in Council (O.C. 572/2005)
on November 30, 2005 pursuant to
section 603 of the Municipal Government Act.
Table of Contents
1 Definition
2 Variations of equalized assessment
3 Prohibition of appeal
4 Repeal
5 Expiry
6 Coming into force
Definition
1 In this Regulation, "Act" means the Municipal Government Act.
Variations of equalized assessment
2 In any year, the Minister may, by order, vary the equalized
assessment prepared for a municipality under
Part 9, Division 5 of the
Act for the purposes of school requisitions required by and under
sections 164 and 174 of the School Act.
Prohibition of appeal
3 Where the Minister varies an equalized assessment under
section 2,
the Municipal Government Board has no jurisdiction under
section
488(1) of the Act to hear an appeal relating to the varied equalized
assessment.
Repeal
4 The Equalized Assessment Variance Regulation, 2003
(AR 364/2003) is repealed.
Expiry
5 This Regulation, being made under
section 603(1) of the Act, will
be repealed by and as provided for in
section 603(2) of the Act.
Coming into force
6 This Regulation comes into force on December 31, 2005.
--------------------------------
Alberta Regulation 241/2005
Motor Vehicle Accident Claims Act
MOTOR VEHICLE ACCIDENT CLAIMS AMENDMENT REGULATION
Filed: November 30, 2005
For information only: Made by the Lieutenant Governor in Council (O.C. 573/2005)
on November 30, 2005 pursuant to
section 25 of the Motor Vehicle Accident Claims
Act.
1 The Motor Vehicle Accident Claims Regulation
(AR 189/98) is amended by this Regulation.
Section 9 is amended by striking out "January 31, 2006"
and substituting "November 30, 2007".
Alberta Regulation 242/2005
School Act
BOARD OF REFERENCE AMENDMENT REGULATION
Filed: November 30, 2005
For information only: Made by the Lieutenant Governor in Council (O.C. 574/2005)
on November 30, 2005 pursuant to
section 140 of the School Act.
1 The Board of Reference Regulation (AR 93/98) is
amended by this Regulation.
2 The title of the Regulation is repealed and the following
is substituted:
Board of Reference Fees Regulation
Section 1 is amended
(
a) in clause (a)(
i) by striking out "$150" and
substituting "$250";
(
b) in clause (a)(ii)
(
i) by striking out "$200" and substituting "$250";
(ii) by striking out "but excluding preparation for the
hearing, to a maximum of $2500";
(
c) in clause (
b) by striking out "$200" and substituting
"$250";
(
d) by repealing clause (
c) and substituting the
following:
(c) $250 per hour for time cumulatively spent in
preparation for the hearing and in writing the decision;
(
e) in clause (
d) by striking out ", to a maximum of $700".
Section 5 is amended by striking out "October 31, 2008"
and substituting "October 31, 2013".
Alberta Regulation 243/2005
Livestock Industry Diversification Act
LIVESTOCK INDUSTRY DIVERSIFICATION
(PRINCIPAL) AMENDMENT REGULATION
Filed: November 30, 2005
For information only: Made by the Lieutenant Governor in Council (O.C. 555/2005)
on November 30, 2005 pursuant to
section 33 of the Livestock Industry
Diversification Act.
1 The Livestock Industry Diversification (Principal)
Regulation (AR 255/91) is amended by this Regulation.
Section 2 is amended
(
a) in subsection (1) by striking out "1(1)(f)" and
substituting "1(1)(d.1)";
(
b) in subsection (2) by striking out "1(1)(f)" and
substituting "1(3)".
Section 3 is amended
(
a) by striking out "game-production animals" and
substituting "domestic cervids";
(
b) in clause (
a) by striking out "entire antlers" and
substituting "velvet antler or hard antler with the skull or
the skull plate, or both, attached";
(
c) by adding the following after clause (a):
(a.1) cut hard antler;
(
d) by adding the following after clause (b):
(b.1) semen, ova or embryos;
(
e) in clause (
d) by adding "or death from natural causes"
after "slaughter".
Section 5 is repealed.
5 This Regulation comes into force on December 1, 2005.
Alberta Regulation 244/2005
Livestock Industry Diversification Act
LIVESTOCK INDUSTRY DIVERSIFICATION
(MINISTERIAL) AMENDMENT REGULATION
Filed: November 30, 2005
For information only: Made by the Minister of Agriculture, Food and Rural
Development (M.O. 15/05) on November 15, 2005 pursuant to
section 34 of the
Livestock Industry Diversification Act.
1 The Livestock Industry Diversification (Ministerial)
Regulation (AR 256/91) is amended by sections 2 to 17 of
this Regulation.
Section 1(1) is amended
(
a) in clause (
a) by striking out "game-production animal"
and substituting "domestic cervid";
(
b) in clause (
b) by striking out "in the velvet stage" and
substituting "at less than 100 days of growth".
3 The following is added after
section 1:
Interpretation - domesticated condition
1.1 There are no circumstances or purposes prescribed by the
Minister for the purposes of
section 1(3) of the Act.
Delegation of operator powers and duties
1.2(1) An operator may delegate to an individual whom the
operator has placed in charge of the farm in the operator's
temporary absence any specific powers or duties conferred or
imposed on the operator by any provision of the Act or this
Regulation except the killing of a domestic cervid pursuant to
(a)
section 22(1)(
b) of the Act, or
(
b) section 10 (to effect a sale authorized by
section 23 of
the Act).
(2) Nothing in subsection (1) relieves the operator from any
liability imposed by the Act or this Regulation.
Section 2(2)(
a) is amended by striking out "a further
administration fee" and substituting "a fee for administration".
Section 3 is amended by striking out "set out in
Schedule 1"
and substituting "required by the Director".
6 The following is added before
section 4:
Dates for registration and identification
3.1 The dates prescribed for the purposes of
section 11(2) of the
Act are,
(
a) in respect of elk, the end of the calendar year in which
the progeny was born, and
(
b) in respect of animals other than elk, the end of March
following its birth.
Section 6 is amended
(
a) by repealing subsection (1) and substituting the
following:
Other identification provisions
6(1) Where an ear-tag becomes separated from a present or
prospective domestic cervid or is otherwise lost, the operator
shall notify the Director of that fact within 7 days of
discovery of the separation or loss and the Director, on being
satisfied that the separation or loss has occurred, shall provide
the operator with a replacement tag in the form decided by
the Director.
(
b) by repealing subsections (3) and (4).
Section 7 is amended
(
a) in subsection (2)(
a) by striking out "game-production
animals" and substituting "domestic cervids";
(
b) by repealing subsection (3).
9 The following is added after
section 7:
Exit from Farm
Exceptions to s15(1) of the Act
7.1 The exceptions prescribed for the purposes of
section 15(1) of
the Act are where
(
a) an animal is taken to a veterinary clinic for veterinary
treatment, and
(
b) an animal that is not yet weaned is taken to another farm
for the purpose of facilitating its bottle feeding.
10 Sections 8 and 9 are repealed and the following is
substituted:
Records
8 An operator shall, in respect of present and prospective
domestic cervids on the farm, keep up-to-date records, in the form
required by the Director, of all acquisitions and dispositions,
including births and deaths, and shall keep all receipts evidencing,
or any other written evidence of, any such transactions or events.
Reports
9(1) An operator shall submit to the Director a completed report
itemizing farm inventories in the form provided by the Director,
(
a) in the case of elk, as of the end of the calendar year, on
or before January 31 in the following year,
(
b) in the case of all other animals, as of the end of March,
on or before April 30 following,
(
c) in the case of a farm referred to in
section 7(2), on or
before March 31 in each year, and
(
d) in the case of velvet antler, on or before October 31 in
each year.
(2) Where there is any change in the farm inventory previously
reported under this section, the operator shall report the change to
the Director within 30 days after the change.
11 Sections 10, 11 and 11.1 are repealed and the following
is substituted:
Permitted slaughter
10 The circumstances prescribed for the purposes of
section
22(1)(
c) of the Act are where the killing is reasonably incidental to
the operation of a domestic cervid production farm and the operator
kills the domestic cervid on the farm for the purpose of enabling
that operator to effect a sale authorized by
section 23 of the Act.
Humaneness of killing
11 Notwithstanding anything in this Regulation, a person who is
authorized by the Act or this Regulation to kill an animal shall do
so in a humane manner.
Section 12 is amended
(
a) in subsection (1)
(
i) by striking out "game production animal" and
substituting "domestic cervid";
(ii) in clause (b)
(
A) by striking out "appropriate industry
association" and substituting "Alberta Elk
Commission";
(
B) by striking out "game production animals" and
substituting "domestic cervids";
(
b) in subsection (2)
(
i) by adding "humanely" after "removed";
(ii) by striking out "Elk Association" and substituting
"Elk Commission";
(
c) by repealing subsection (3) and substituting the
following:
(3) An operator referred to in subsection (1)(
b) shall comply
in that clause or on which that certification was given.
13 Sections 13 and 14 are repealed and the following is
substituted:
Tagging of antler
13(1) A person removing velvet antler from a domestic cervid
shall ensure that that antler
(
a) is immediately tagged with a tag approved or provided
by the Director for that purpose in a manner acceptable
to the Director, and
(
b) remains so tagged until the time specified in subsection
(3) or until that person lawfully ceases to be in
possession of the antler, whichever event occurs first.
(2) A person who comes into possession of hard antler removed
from a domestic cervid with the skull or the skull plate, or both,
attached shall ensure that that antler
(
a) is immediately tagged with a tag approved or provided
by the Director for that purpose in a manner acceptable
to the Director, and
(
b) remains so tagged until the time specified in subsection
(3) or until that person lawfully ceases to be in
possession of the antler, whichever event occurs first.
(3) A person shall not remove a tag affixed in accordance with
subsection (1) or (2) before the antler
(
a) is exported from Alberta, or
(
b) is lawfully altered by a licensed operator who is
specifically authorized by the licence to alter the antler
in the manner specified on the licence,
whichever occurs first.
(4) Notwithstanding subsection (2), cut hard antler is not required
to be tagged under that subsection.
Section 14.1 is amended
(
a) by striking out "An operator who processes antlers
referred to in
section 14" and substituting "A person who
processes velvet antler that is required to be tagged under
section 13";
(
b) in clause (
d) by striking out "of a design acceptable to
the Director".
Section 15 is amended
(
a) by striking out "August" and substituting "October";
(
b) by repealing subsection (2).
16 Sections 16 and 17 and the heading before
section 16
are repealed.
17 Schedules 1 and 2 are repealed.
Section 6(2) of the Meat Inspection Regulation
(AR 42/2003) is amended
(
a) in clause (
a) by adding ", except a present or prospective
domestic cervid within the meaning of the Livestock Industry
Diversification Act" after "game";
(
b) in clause (
b) by adding "(including cervids referred to in
clause (a))" after "animals".
19 This Regulation comes into force on December 1, 2005.
--------------------------------
Alberta Regulation 245/2005
Fair Trading Act
CREDIT AND PERSONAL REPORTS AMENDMENT REGULATION
Filed: November 30, 2005
For information only: Made by the Minister of Government Services
(M.O. C010/2005) on November 29, 2005 pursuant to
section 51 of the Fair Trading
Act.
1 The Credit and Personal Reports Regulation (AR 193/99)
is amended by this Regulation.
2 The following is added before
section 2:
Definitions
1.1 In this Regulation,
(a) "Act" means the Fair Trading Act;
(b) "credit information" includes information about an
individual's occupation, current and previous
employers, places of employment, place or places of
residence, marital status, spouse's or adult
interdependent partner's name and age, number of
dependants, educational or professional qualifications,
estimated income, paying habits, outstanding debt
obligations, fines, restitution orders, cost of living
obligations and assets;
(c) "report" means a written, oral or other communication
of credit information or personal information, or both,
pertaining to an individual;
(d) "reporting agency" means a person who carries on the
activity of furnishing reports for gain or profit or on a
reciprocal non-profit basis.
Section 2 is repealed.
4 The following is added after
section 2:
Contents of reports
2.1 A reporting agency may include information in its reports
only if
(
a) the information is
(
i) stored in a form capable of being provided clearly and
accurately to the individual who is the subject of the
information or the individual's representative, and
(ii) collected, used and disclosed in accordance with the
Personal Information Protection Act and the Personal
Information Protection and Electronic Documents Act
(Canada),
(
b) the information is extracted from information appearing in
files stored or collected in a repository located in Canada,
regardless of whether the information was obtained from a
source outside Canada,
(
c) the name and address of the source of the information is
recorded or retained in its files, or can be readily ascertained
by the individual who is the subject of the information, and
(
d) the information is based on the most reliable evidence
reasonably available.
5 The following is added after
section 3:
Disclosure to an individual
3.1(1) Subject to subsections (2), (6) and (7), a reporting agency
must,
(
a) at the written request of an individual or the individual's
representative and during normal business hours, clearly
and accurately disclose to the individual or
representative
(
i) the nature and substance of all information in the
file respecting that individual at the date of the
request,
(ii) the sources of the information, unless the sources
are readily ascertainable, and
(iii) the names of the recipients of any report respecting
the individual that it has furnished within the
preceding 6 months,
and
(
b) at the written request of an individual or the individual's
representative, provide copies of any written report
furnished within the preceding 6 months respecting that
individual or, where the report was oral, written
particulars of the contents of the oral report.
(2) A reporting agency
(
a) must, on a request submitted under subsection (1)(a),
furnish a report or otherwise disclose the information
referred to in that subsection to an individual or the
individual's representative once each year at no charge,
(
b) may establish a reasonable fee for furnishing additional
reports or making additional disclosure on request under
subsection (1)(
a) in the same year to an individual or the
individual's representative, and
(
c) may establish a reasonable fee to furnish copies of a
report or the written particulars of the contents of a
report referred to in subsection (1)(
b) to an individual or
the individual's representative.
(3) A reporting agency may refuse to disclose or supply
information referred to in subsection (1) to an individual or the
individual's representative if the reporting agency does not receive
the fee established under subsection (2)(b)