Alberta Gazette — 15 May (ii)

0515 ii

Alberta — Gazette

Alberta Gazette — 15 May (ii)

0515 ii

Alberta — Gazette

Alberta Regulation 62/2001

Marketing of Agricultural Products Act

ALBERTA CHICKEN PRODUCERS MARKETING

AMENDMENT REGULATION

Filed: April 18, 2001

Made by the Alberta Chicken Producers on March 13, 2001 pursuant to

sections 26 and 27 of the Marketing of Agricultural Products Act.

1 The Alberta Chicken Producers Marketing Regulation (AR 3/2000) is

amended by this Regulation.

Section 10(1) is amended by striking out "$0.0075" and substituting

"$0.0125".

3 This Regulation comes into force on May 6, 2001.

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

Alberta Regulation 63/2001

Municipal Government Act

DETERMINATION OF POPULATION REGULATION

Filed: April 18, 2001

Made by the Minister of Municipal Affairs (M.O. L:013/01) on April 10, 2001

pursuant to

section 604 of the Municipal Government Act.

Table of Contents

Definitions 1

Determination of population 2

When census must be conducted 3

Duty to submit results 4

Lloydminster official census 5

Repeal 6

Expiry 7

Schedule

Definitions

1 In this Regulation, "official census" means, in respect of a municipal

authority, an official count, conducted in accordance with

section 3, of

the total number of individuals whose usual residence is in that municipal

authority.

Determination of population

2 For the purposes of the Act, the population of a municipal authority is

the population determined under

section 4.

When census must be conducted

3(1) A municipal authority that wishes to conduct an official census must

do so in the period starting on April 1 and ending on June 30 of the same

year.

(2) The Minister may determine the manner in which an official census must

be conducted.

Duty to submit results

4(1) On completing an official census, the municipal authority must submit

the results, in the form set out in the Schedule, to the Minister before

September 1 of the year in which the census is conducted.

(2) If the results are accepted by the Minister, those results, subject to

subsection (4), constitute the population of that municipal authority.

(3) If no official census has been conducted in a year or the results of

an official census are not submitted to the Minister within the time set

out in subsection (1) or are not accepted by the Minister, the Minister may

use whatever information that is available to determine the population of

the municipal authority.

(4) If the municipal authority changes its boundaries after June 30 in a

year in which it has conducted an official census, the Minister may require

the municipal authority to update the results of the census and to submit

the updated results to the Minister in the form set out in the Schedule.

Lloydminster official census

5 The official census for the City of Lloydminster must relate only to

the portion of that City that is in Alberta.

Repeal

6 The Determination of Population Regulation (AR 371/94) is repealed.

Expiry

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

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

its present or an amended form following a review, this Regulation expires

on January 31, 2006.

SCHEDULE

In the matter of the Determination

of Population Regulation

CANADA ) I,

(name) (occupation)

PROVINCE OF ALBERTA )

TO WIT ) of

(address)

MAKE OATH AND SAY:

1 That I am the (Designated Officer) of the municipality

of .

2 That an official census completed on the day of ,

20 discloses that the total number of individuals whose usual residence

is in this municipality is (total population) .

2 That an official census updated on the day of , 20

discloses that the total number of individuals whose usual residence is in

this municipality is (total population) .

SWORN before me at )

in the Province of Alberta )

this day of )

20 . ) (Designated Officer)

A Commissioner for Oaths,

Notary Public, or Justice of the

Peace in and for the

Province of Alberta

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

Alberta Regulation 64/2001

Municipal Government Act

CENTRAL PEACE REGIONAL WASTE MANAGEMENT

COMMISSION REGULATION

Filed: April 25, 2001

Made by the Lieutenant Governor in Council (O.C. 152/2001) on April 25,

2001 pursuant to

section 602.02 of the Municipal Government Act.

Table of Contents

Establishment 1

Members 2

Services 3

Operating deficits 4

Sale of property 5

Profit and surplus 6

Conditions 7

Establishment

1 A regional services commission known as the Central Peace Regional

Waste Management Commission is established.

Members

2 The following municipalities are members of the Commission:

(

a) Town of Spirit River;

(

b) Village of Rycroft;

(

c) Saddle Hills County;

(

d) Birch Hills County;

(

e) Municipal District of Spirit River No. 133.

Services

3 The Commission is authorized to provide solid waste management

services.

Operating deficits

4 The Commission may not assume operating deficits that are shown on the

books of any of the member municipalities.

Sale of property

5(1) The Commission may not, without the approval of the Minister, sell

any of its land, buildings or personal property the purchase of which has

been funded wholly or partly by grants from the Government of Alberta.

(2) The Minister may not approve a sale under subsection (1) unless the

Minister is satisfied

(

a) as to the repayment of grants from the Government of Alberta

and outstanding debt associated with that portion of the land, buildings

and personal property to be sold,

(

b) that the sale would not have a significant adverse effect on

the services the Commission provides, and

(

c) that the sale will be properly reflected in the rates

subsequently charged to the customers of the Commission.

Profit and surplus

6 Unless otherwise approved by the Minister, the Commission must not

(

a) operate for the purpose of making a profit, or

(

b) distribute any of its surplus to its member municipalities.

Conditions

7 The Minister may make an approval under

section 5 or 6 subject to any

terms or conditions that the Minister considers appropriate.

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

Alberta Regulation 65/2001

Municipal Government Act

CALGARY INTERNATIONAL AIRPORT VICINITY PROTECTION

AREA AMENDMENT REGULATION

Filed: April 25, 2001

Made by the Lieutenant Governor in Council (O.C. 153/2001) on April 25,

2001 pursuant to

section 693 of the Municipal Government Act.

1 The Calgary International Airport Vicinity Protection Area Regulation

(AR 318/79) is amended by this Regulation.

Schedule C is amended in

section 1 by adding the following after

subsection (5):

(6) Despite any other provision of this Regulation, development for

offices and industry training facilities is permitted on Lots 2 and 4,

Block 10, Plan 7810077.

(7) Despite any other provision of this Regulation, development for

manufacturing uses is permitted on Lot 6, Block 1, Plan 7911468.

Alberta Regulation 66/2001

Municipal Government Act

EDMONTON INTERNATIONAL AIRPORT VICINITY PROTECTION

AREA AMENDMENT REGULATION

Filed: April 25, 2001

Made by the Lieutenant Governor in Council (O.C. 154/2001) on April 25,

2001 pursuant to

section 693 of the Municipal Government Act.

1 The Edmonton International Airport Vicinity Protection Area Regulation

(AR 63/81) is amended by this Regulation.

Section 4 is amended by adding the following after subsection (1.1):

(1.2) The land within the area described by starting at the

intersection of Airport Road and Highway 2 and proceeding easterly along

Airport Road to the intersection with 43rd Street, then southerly along the

east side of 43rd Street to the south boundary of the southwest quarter of

section 12 in Township 50, Range 25, West of the 4th Meridian, then

westerly to Highway 2 and then northerly along the east side of Highway 2

to Airport Road is moved from the Airport Industrial District, designated

as A-M to the Airport Urban District, designated as A-U.

(1.3) The east half of

section 33 and the east half of

section 28,

both in Township 49, Range 25, West of the 4th Meridian are moved from the

Airport Agricultural District, designated as A-A to the Airport Urban

District, designated as A-U.

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

Alberta Regulation 67/2001

Safety Codes Act

GAS CODE REGULATION

Filed: April 25, 2001

Made by the Lieutenant Governor in Council (O.C. 155/2001) on April 25,

2001 pursuant to

section 61 of the Safety Codes Act.

Table of Contents

Interpretation 1

Paramountcy 2

Gas systems equipment 3

Natural Gas and Propane Installation Code 4

Prohibition 5

Natural Gas for Vehicles Installation Code 6

Propane Storage and Handling Code 7

Fuel systems code 8

NGV Refuelling Stations Installation Code 9

Repeal 10

Expiry 11

Coming into force 12

Interpretation

1(1) In this Regulation,

(a) "Act" means the Safety Codes Act;

(b) "Administrator" means an Administrator appointed pursuant to

section 14(1) of the Act with respect to gas;

(c) "utility" means an individual, firm, corporation or other

entity authorized to distribute gas services to a consumer in Alberta.

(2) The

definitions in a code declared in force in this Regulation apply

to the words used in this Regulation.

Paramountcy

2 If there is a conflict between a code declared in force in this

Regulation and another regulation under a statute of Alberta, the other

regulation prevails over this Regulation.

Gas systems equipment

3(1) No person may manufacture, install, sell or offer for sale any

equipment related to gas systems for use in Alberta unless it has been

(

a) tested and certified by a certification organization accredited

by the Standards Council of Canada, or

(

b) inspected and accepted by a certification organization

accredited by the Standards Council of Canada, and the equipment bears

evidence of having been accepted in the manner authorized by the

certification organization.

(2) If a code, standard or body of rules declared in force under the Act,

with respect to gas systems, refers to approved equipment, that equipment

must meet the requirements of this section.

Natural Gas and Propane Installation Code

4(1) In this section, "Code" means the National Standard of Canada,

CSA-B149.1-00, Natural Gas and Propane Installation Code.

(2) Subject to the variations set out in this section, the National

Standard of Canada, CSA-B149.1-00, Natural Gas and Propane Installation

Code, is the code declared in force under the Safety Codes Act in respect

of natural gas and propane systems.

(3) Clauses 2.1, 2.3, 7.12.1, 7.30.1 and 8.1.3 of the Code are amended by

striking out "National Building Code of Canada" and substituting "Alberta

Building Code 1997".

(4) The following is added after Clause 3.1.5 of the Code:

3.1.6 This Code and any standards referenced in the Code do not

make or imply any assurance or guarantee by the Crown with respect to the

life expectancy, durability or operating performance of equipment and

materials referenced in the Code.

(5) Clause 3.8.2 of the Code is struck out and the following is

substituted:

3.8.2 When a mobile home is placed on a permanent foundation, a

replacement furnace or water heater is not required to be certified

specifically for use within the mobile home but it shall be installed in

accordance with the C.S.A. Standard Z.240.1.

(6) Clause 3.8.3 of the Code is struck out and the following is

substituted:

3.8.3 When a mobile home is placed on a permanent foundation and

permanent structural alterations are made to the floor, an exterior wall,

or both, gas fired appliances and gas supply piping may be installed in

accordance with the requirements of this Code.

(7) Clause 3.14.5 of the Code is struck out and the following is

substituted:

3.14.5 An appliance shall not be installed on a roof of a building

exceeding 13 ft (4

m) in height from grade to roof elevation unless direct

access is provided in accordance with the Alberta Building Code 1997.

(8) Clause 5.14.5 of the Code is struck out and the following is

substituted:

5.14.5 Bending of gas supply piping shall be made only with bending

equipment and procedures especially intended for that purpose.

(9) Clause 5.15.12 of the Code is amended by adding "A mechanical

compression transition fitting shall not be located within 15 ft (4.5

m) of

a building." after "plastic.".

(10) The following is added after Clause 5.25.2 of the Code:

5.25.3 The fuel supply for emergency generators mentioned in

Clauses 5.25.1 and 5.25.2 shall comply with the requirements of the Alberta

Building Code 1997.

(11) Clauses 6.22.2 and 6.23.2 of the Code are amended by striking out

"fireplace either in compliance with the local building code, or in the

absence of such, in accordance with the National Building Code of Canada"

and substituting "fireplace in accordance with the Alberta Building Code

1997".

Prohibition

5 No person shall fuse or join plastic pipe or aluminum pipe unless that

person has satisfactorily completed a course of training prescribed by or

acceptable to the Administrator.

Natural Gas for Vehicles Installation Code

6(1) In this section, "Code" means the National Standard of Canada,

CAN/CGA-B149.4-M91, Natural Gas for Vehicles Installation Code.

(2) Subject to the variations set out in this section, the National

Standard of Canada, CAN/CGA-B149.4-M91, Natural Gas for Vehicles

Installation Code, is the code declared in force under the Safety Codes Act

in respect of natural gas-powered vehicles.

(3) Clauses 2.1, 2.2 and 2.3 of the Code are amended by striking out

"National Building Code" and substituting "Alberta Building Code 1997".

(4) The following is added after Clause 3.1.5 of the Code:

3.1.6 This Code and any standards referenced in the Code do not

make or imply any assurance or guarantee by the Crown with respect to the

life expectancy, durability or operating performance of equipment and

materials referenced in the Code.

(5) The following is added after Clause 4.4.12 of the Code:

4.4.13 The discharge from a relief valve shall

(

a) be directed to the outside of any enclosed space;

(

b) be directed as far as is practicable from possible

sources of ignition;

(

c) have a raincap or other protector where required.

(6) Clause 4.5.7 of the Code is amended

(

a) by striking out "CAN/CGA-B149.1-M95" and substituting

"CSA-B149.1-00";

(

b) by striking out "CSA Z240.4.1-M86"" and substituting

"CSA.Z240.4.1.M92".

(7) Clause 4.9.2 of the Code is amended by adding "or be of an approved

design" after "on a blue background".

Propane Storage and Handling Code

7(1) In this section, "Code" means the National Standard of Canada,

CSA-B149.2-00, Propane Storage and Handling Code.

(2) Subject to the variations set out in this section, the National

Standard of Canada, CSA-B149.2-00, Propane Storage and Handling Code, is

the code declared in force under the Safety Codes Act in respect of propane

handling and storage.

(3) Clauses 2.1 and 2.3 of the Code are amended by striking out "National

Building Code of Canada" and substituting "Alberta Building Code 1997".

(4) The following is added after Clause 3.1.5 of the Code:

3.1.6 This Code and any standards referenced in the Code do not

make or imply any assurance or guarantee by the Crown with respect to the

life expectancy, durability or operating performance of equipment and

materials referenced in the Code.

(5) Clause 6.19.4.3 of the Code is amended by striking out "10 ft (3m)"

and substituting "1 m".

Fuel systems code

8(1) In this section, "Code" means the National Standard of Canada,

CSA-B149.5-00, Installation Code for Propane Fuel Systems and Tanks on

Highway Vehicles.

(2) Subject to the variations set out in this section, the National

Standard of Canada, CSA-B149.5-00, Installation Code for Propane Fuel

Systems and Tanks on Highway Vehicles, is the code declared in force under

the Safety Codes Act in respect of the gas discipline.

(3) The following is added after Clause 3.1.6 of the Code:

3.1.7 This Code and any standards referenced in the Code do not

make or imply any assurance or guarantee by the Crown with respect to the

life expectancy, durability or operating performance of equipment and

materials referenced in the Code.

(4) Clause 4.13.1 of the Code is amended by striking out "Except for a

vehicle having an installed tank that is equipped with a stop-fill valve,"

and substituting "Except for a vehicle that is in compliance with this

Code,".

NGV Refuelling Stations Installation Code

9(1) In this section, "Code" means the National Standard of Canada,

CAN/CGA-B108-M95, NGV Refuelling Stations Installation Code.

(2) Subject to the variations set out in this section, the National

Standard of Canada, CAN/CGA-B108-M95, NGV Refuelling Stations Installation

Code, is the code declared in force under the Safety Codes Act in respect

of the gas discipline.

(3) Clause 1.2 of the Code is struck out and the following is substituted:

1.2 The installation of components, accessories and equipment

referred to in Clause 1.1 shall be made in accordance with the

manufacturer's instructions except that, in the case of a conflict, the

requirements of this Code shall prevail.

(4) The following is added after Clause 1.9 of the Code:

1.10 This Code and any standards referenced in the Code do not make

or imply any assurance or guarantee by the Crown with respect to the life

expectancy, durability or operating performance of equipment and materials

referenced in the Code.

(5) Clause 2.2 of the Code is struck out and the following is substituted:

2.2 The space surrounding a compressor and the space surrounding a

building or other enclosure housing a compressor shall be electrically

classified in accordance with Table 2.2.

(6) Table 2.2 of the Code is amended in the column under "Class 1, Div. 1,

Group D" by striking out "15 ft (4.5 m)" and substituting "5 ft (1.5 m)".

(7) Clause 5.14 of the Code is struck out and the following is

substituted:

5.14 Means shall be provided at a refuelling station for

reconnecting the quick disconnect coupling to the breakaway device referred

to in Clause 4.9 so that the gas that must be vented to make the

reconnection is limited to the contents of the refuelling hose and the

piping within the dispenser cabinet.

Repeal

10 The Gas Code Regulation (AR 217/97) is repealed.

Expiry

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

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

its present or an amended form following a review, this Regulation expires

on June 30, 2006.

Coming into force

12 This Regulation comes into force on July 1, 2001.

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

Alberta Regulation 68/2001

Provincial Offences Procedure Act

COURT AGENTS REGULATION

Filed: April 25, 2001

Made by the Lieutenant Governor in Council (O.C. 157/2001) on April 25,

2001 pursuant to

section 41 of the Provincial Offences Procedure Act.

Table of Contents

Definitions 1

May act as Court agent 2

Court agent's receipt of voluntary payment 3

Service charge 4

Funds held in trust 5

Recovery from Court agents, etc. 6

Directions of the Minister 7

Expiry 8

Definitions

1 In this Regulation,

(a) "Act" means the Provincial Offences Procedure Act;

(b) "Court" means The Provincial Court of Alberta;

(c) "Court agent" means a person who is permitted under

section 2

to act as an agent of the Court;

(d) "Minister" means the Minister of Justice and Attorney General;

(e) "registry agent" means a registry agent as defined under

section 1 of

Schedule 13 of the Government Organization Act;

(f) "voluntary payment" means a voluntary payment referred to in

section 36(1) of the Act.

May act as Court agent

2 Every registry agent, unless otherwise directed by the Minister, is

hereby permitted to act as an agent of the Court for the purposes of

section 36(1) of the Act.

Court agent's receipt of voluntary payment

3(1) Where a defendant makes a voluntary payment to a Court agent in

accordance with

section 36(1) of the Act, the Court agent must notify the

Court that the defendant has made that voluntary payment.

(2) On receipt of a voluntary payment by a Court agent, the Court agent

must promptly remit the voluntary payment to the Provincial Treasurer.

Service charge

4(1) Where a Court agent receives a voluntary payment from a defendant,

the Court agent may, for the Court agent's own benefit, charge and collect

from that defendant a service charge in respect of the receipt of the

voluntary payment.

(2) If the Minister establishes or otherwise provides for a maximum or

minimum amount of a service charge that a Court agent may collect with

respect to the receipt of a voluntary payment, a Court agent may not charge

or collect a service charge that is greater than that maximum amount or

less than that minimum amount, as the case may be.

Funds held in trust

5 Where a Court agent has possession of or control over funds that are

owing to the Government, those funds

(

a) are deemed to be held in trust for the Government, and

(

b) are deemed to be separate from and not to form any part of any

funds belonging to the Court agent or the Court agent's estate whether or

not those funds have in fact been kept separate and apart from funds

belonging to the Court agent or the Court agent's estate.

Recovery from Court agents, etc.

6 If the Government

(

a) is liable for something done or omitted to be done by a Court

agent,

(

b) assumes the liability for something done or omitted to be done

by a Court agent, or

(

c) assumes an obligation for something done or omitted to be done

by a Court agent,

and the Government makes a payment in respect of that liability or

obligation, the Court agent, subject to any agreement entered into between

the Government and the Court agent, must indemnify the Government for that

payment and any interest owing in respect of that payment, notwithstanding

any law that provides otherwise.

Directions of the Minister

7(1) Notwithstanding anything contained in any agreement between a Court

agent and the Government, the Minister may give directions with respect to

the carrying out of functions by the Court agent under the Act or this

Regulation and the handling of funds received as a result of a voluntary

payment.

(2) Where the Minister gives directions to a Court agent under subsection

(1) with respect to the carrying out of functions and the handling of

funds, or as to either of those matters, the Court agent must carry out

those functions and handle those funds, as the case may be, in accordance

with those directions.

(3) In giving directions under subsection (1), the Minister may give the

directions

(

a) to a specific Court agent to be applicable to that specific

Court agent;

(

b) to a class of Court agents to be applicable to that class of

Court agents;

(

c) to Court agents in general to be applicable to every Court

agent.

Expiry

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

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

its present or an amended form following a review, this Regulation expires

on March 31, 2004.

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

Alberta Regulation 69/2001

Health Information Act

DESIGNATION REGULATION

Filed: April 25, 2001

Made by the Minister of Health and Wellness (M.O. 12/2001) on April 25,

2001 pursuant to

section 108(2) of the Health Information Act.

Definition

1 In this Regulation, "Act" means the Health Information Act.

Ethics committees

2 The following committees and boards are designated as ethics committees

for the purposes of

Part 5, Division 3 of the Act:

(

a) Alberta Cancer Board - Research Ethics Committee;

(

b) College of Physicians and Surgeons of Alberta - Research Ethics

Review Committee;

(

c) Alberta Heritage Foundation for Medical Research - Community

Health Ethics Research Review Committee;

(

d) University of Alberta - Health Research Ethics Board;

(

e) University of Calgary - Conjoint Health Research Ethics Board;

(

f) University of Lethbridge - Human Subject Research Committee.

Expiry

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

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

its present or an amended form following a review, this Regulation expires

on November 30, 2005.

Coming into force

4 This Regulation comes into force on the coming into force of the Health

Information Act.

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

Alberta Regulation 70/2001

Health Information Act

HEALTH INFORMATION REGULATION

Filed: April 25, 2001

Made by the Lieutenant Governor in Council (O.C. 159/2001) on April 25,

2001 pursuant to

section 108 of the Health Information Act.

Table of Contents

Definitions 1

Custodians designated 2

Registration information 3

Child Welfare Act 4

Collection of personal health number 5

Electronic consent 6

Disclosure of registration information 7

Security of health information 8

Fees 9

Fees for health information 10

Estimate of fees 11

Payment of fees 12

Applicant excused from paying fee 13

Expiry 14

Coming into force 15

Schedule

Definitions

1(1) In this Regulation, "Act" means the Health Information Act.

(2) For the purposes of

section 59 of the Act, "electronic means" means a

computer system that facilitates access by authorized persons to electronic

or digital information that is stored in a computer database by a

custodian.

Custodians designated

2 The following panels, committees, boards and individuals are designated

as custodians for the purposes of

section 1(1)(f)(xiv) of the Act:

(

a) Alberta Aids to Daily Living Benefits and Extended Health

Benefits Appeal Panels;

(

b) Billing Practice Advisory Committee;

(

c) Hospital Privileges Appeal Board;

(

d) Mental Health Patient Advocate;

(

e) Mental Health Review Panel (Calgary);

(

f) Mental Health Review Panel (Edmonton);

(

g) Mental Health Review Panel (Ponoka);

(

h) MS Drug Review Panel;

(

i) Out-of-Country Health Services Appeal Panel;

(

j) Out-of-Country Health Services Committee.

Registration information

3 The following information, where applicable, relating to an individual

is registration information for the purposes of

section 1(1)(

u) of the Act:

(

a) demographic information, including the following:

(

i) name, in any form;

(ii) signature;

(iii) photograph or electronic image of the individual's

face for identification purposes;

(iv) personal health number or any other unique

identification number that is used to identify the individual as eligible

for, or a recipient of, a health service;

(

v) gender;

(vi) date of birth;

(vii) birth information, including

(

A) the birth facility, and

(

B) birth order, in the case of a multiple

birth;

(viii) marital status;

(ix) date of death;

(

x) treaty status, including band number;

(xi) whether the individual is a registrant or a

dependant of a registrant under the Health Insurance Premiums Act;

(

b) location, residency and telecommunications information,

including the following:

(

i) home, business and mailing addresses, electronic

address and telecommunications numbers;

(ii) health regions, as established under the Regional

Health Authorities Act, in which the individual resides and previously

resided;

(iii) citizenship or immigration status, including the

date on which the individual's current immigration status expires if the

individual is not a Canadian citizen or landed immigrant;

(iv) date of entry into Canada and into Alberta;

(

v) province or country of birth or of last residence;

(vi) date on which the individual became or expects to

become a permanent resident of Canada;

(vii) in the event the individual is registered as a

registrant or dependant under the Health Insurance Premiums Act and the

individual intends to be temporarily or permanently absent from Alberta,

(

A) date of departure;

(

B) destination and intended date of

arrival at the destination;

(

C) forwarding address;

(

D) intended date of return, where the

individual intends to be temporarily absent;

(

E) purpose of absence;

(

c) health service eligibility information, including the

following:

(

i) whether the individual is registered as a

registrant or dependant under the Health Insurance Premiums Act;

(ii) whether the individual is eligible to receive

health services that are directly or indirectly paid for by the Government

of Alberta, in full or in part;

(iii) whether the individual has elected to opt out of

the Alberta Health Care Insurance Plan and the Hospitalization Benefits

Plan;

(iv) whether the individual is exempt from the

requirement to register under the Health Insurance Premiums Act;

(

v) whether the individual is exempt from the

requirement to pay premiums under the Health Insurance Premiums Act;

(vi) whether the individual is eligible to receive a

reduction or waiver of premiums or charges payable in respect of health

services and the level or amount, or both, of that reduction or waiver;

(vii) information about any program of a custodian that

is related to the information described in subclauses (

i) to (vi),

including the effective and termination dates of the program and, if

applicable, the program name;

(

d) billing information, including the following:

(

i) information about amounts owed by the individual to

the custodian;

(ii) method of payment;

(iii) the individual's account number;

(iv) if another person is liable for or will be billed

for the amount owed by the individual, that person's name and account

number.

Child Welfare Act

Section 3 of the Child Welfare Act prevails despite the Act.

Collection of personal health number

5(1) In this section, "insurer" means

(

a) an insurer licensed under the Insurance Act, and

(

b) the ABC Benefits Corporation.

(2) The following persons are authorized for the following purposes to

require an individual to provide the individual's personal health number:

(

a) the Students Finance Board for the purpose of administering

student health benefits programs;

(

b) lawyers and insurers for the purpose of enforcing the Crown's

right of recovery under

Part 5 of the Hospitals Act;

(

c) insurers for the purpose of facilitating the handling,

assessing and payment of claims for benefits;

(

d) The Workers' Compensation Board for the purpose of facilitating

the handling, assessing and payment of claims for benefits;

(

e) ambulance attendants and operators under the Ambulance

Services Act for the purpose of providing treatment and care to individuals

and seeking reimbursement for providing those services from the Alberta

Blue Cross Plan;

(

f) the Solicitor General for the purpose of providing health

services to an inmate outside of a correctional institution;

(

g) the Minister of Seniors for the purpose of administering the

Seniors Benefit Act;

(

h) the Minister of Human Resources and Employment for the purpose

of administering the income and employment programs of the Department of

Human Resources and Employment;

(

i) persons, other than custodians, who provide health services to

individuals for the purpose of seeking reimbursement for providing those

services from the Alberta Health Care Insurance Plan.

Electronic consent

6(1) In this section, "electronic consent" means a consent provided

electronically.

(2) For the purposes of sections 34 and 59 of the Act, an electronic

consent or a revocation of an electronic consent is valid only if the level

of authentication is sufficient to identify the individual who is granting

the consent or revoking the consent, as the case may be.

Disclosure of registration information

7 For the purposes of

section 36(

c) of the Act, a custodian may disclose

to an ambulance attendant or operator under the Ambulance Services Act

individually identifying registration information about an individual

without the consent of the individual.

Security of health information

8(1) A custodian must identify, and maintain a written record of, all of

its administrative, technical and physical safeguards in respect of health

information.

(2) A custodian must designate an individual who is responsible for the

overall security and protection of health information in the custody or

under the control of the custodian.

(3) A custodian must periodically assess its administrative, technical and

physical safeguards in respect of

(

a) the confidentiality of health information that is in its

custody or under its control and the privacy of the individuals who are the

subjects of that information,

(

b) any reasonably anticipated threat or hazard to the security or

integrity of the health information or to the loss of the health

information, and

(

c) any unauthorized use, disclosure or modification of the health

information or unauthorized access to the health information.

(4) In order to ensure the privacy and confidentiality of health

information that is to be stored or used by a person in a jurisdiction

outside Alberta or that is to be disclosed to a person in a jurisdiction

outside Alberta, the custodian must, prior to the storage, use or

disclosure of the information, enter into a written agreement with the

person that

(

a) provides for the custodian to retain control over the health

information,

(

b) adequately addresses the risks associated with the storage, use

or disclosure of the health information,

(

c) requires the person to implement and maintain adequate

safeguards for the security and protection of the health information,

(

d) allows the custodian to monitor compliance with the terms and

conditions of the agreement, and

(

e) contains remedies to address any non-compliance with or breach

(5) Subsection (4) does not apply to health information about an

individual that is used in a jurisdiction outside Alberta solely for the

purpose of providing continuing treatment and care to the individual.

(6) A custodian must ensure that its affiliates are aware of and adhere to

all of the custodian's administrative, technical and physical safeguards in

respect of health information.

(7) A custodian must establish sanctions that may be imposed against

affiliates who breach, or attempt to breach, the custodian's

administrative, technical and physical safeguards in respect of health

information.

Fees

9 Where an applicant is required to pay a fee for services provided under

Part 2 of the Act, the fee is payable in accordance with sections 10, 11

and 12.

Fees for health information

10(1) An applicant who makes a request for access to a record containing

health information may be required to pay a basic fee of $25 for performing

one or more of the following steps to produce a copy of the information:

(

a) receiving and clarifying the request;

(

b) obtaining consent if necessary;

(

c) locating and retrieving the records;

(

d) preparing the record for copying, including removing staples

and paper clips;

(

e) preparing a response letter;

(

f) packaging copies for shipping or faxing, or both;

(

g) postage and faxing costs;

(

h) photocopying a record.

(2) Processing of a request will not commence until the basic fee has been

paid, if applicable.

(3) In addition to the basic fee, additional fees in accordance with the

Schedule may be charged for producing a copy of a record.

Estimate of fees

11(1) An estimate provided under

section 67(3) of the Act must set out

(

a) the time and cost required

(

i) to prepare the record for disclosure, including

severing time, and

(ii) to retrieve records from another location;

(

b) the cost of copying the record;

(

c) the cost of computer time involved in locating and copying a

record or, if necessary, re-programming to create a new record;

(

d) the cost of supervising an applicant who wishes to examine the

original record, when applicable;

(

e) the cost of shipping the record or a copy of the record, other

than by mail or fax.

(2) An applicant has up to 20 days to indicate if the fee estimate is

accepted or to modify the request to change the amount of fees assessed.

Payment of fees

12(1) Processing of a request ceases once a notice of estimate has been

forwarded to an applicant and recommences immediately on the receipt of an

agreement to pay the fee, and on the receipt of at least 50% of any

estimated fee.

(2) The balance of any fee owing is payable at the time the information is

delivered to the applicant.

(3) Fees or any part of those fees will be refunded if the amount paid is

higher than the actual cost of the service.

Applicant excused from paying fee

13 For the purposes of

section 67(4) of the Act, a custodian may excuse

an applicant from paying all or part of a fee if in the opinion of the

custodian it is fair to excuse payment.

Expiry

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

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

its present or an amended form following a review, this Regulation expires

on November 30, 2005.

Coming into force

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

Health Information Act.

SCHEDULE

1 The amount of the fees set out in this

Schedule is the maximum amount

that can be charged to applicants.

2 The following fees for producing a copy of a record may be charged if

the cost of photocopying a record under

section 10(1)(

h) of this

Regulation, calculated at $0.25 per page, exceeds $5, and then only the

amount that exceeds $5 may be charged:

(

a) photocopies, hard copy laser print and computer printouts

$ 0.25 per page

(

b) paper copies from microfilm or microfiche

$ 0.50 per page

(

c) floppy disks

$10 each

(

d) computer tapes

$55 each

(

e) microfiche (diazo film)

$ 0.50 each

(f) 16 mm microfilm

$25 each

(g) 35 mm microfilm

$32 each

(

h) photographs from negative

4" x 5"

$10 each

5" x 7"

$13 each

8" x 10"

$19 each

11" x 14"

$26 each

18" x 20"

$32 each

(i) 35 mm slide

$ 2 each

(

j) audio cassette

$ 5 each

(

k) video cassette:

1/4", 1/2" or 8 mm - one hour

$20 each

1/4", 1/2" or 8 mm - two hour

$25 each

3/4" - 30 minutes

$18 each

3/4" - one hour

$23 each

(

l) radiology film

$ 5 each

(

m) other media not listed above

actual costs

(

n) supervision of applicant's examination of original records

$ 6.75 per 1/4 hour

(

o) severing time to determine whether a record requires severing,

and to review and to identify the parts of the record to be severed:

(

i) technician time

$ 6.75 per 1/4 hour to maximum of 3 hours

(ii) health services provider time

$45 per 1/4 hour to maximum of 3 hours

(

p) producing a record from an electronic record:

(

i) computer processing

actual costs

(ii) computer report generation

$10 per 1/4 hour

(

q) other direct costs:

(

i) charges to retrieve records or to return records,

or both, from another location

contracted fee or average past costs

(ii) courier charges or delivery charges, or both, to

send copies to applicant other than by mail or fax

actual cost

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

Alberta Regulation 71/2001

Agriculture Financial Services Act

AGRICULTURE FINANCIAL SERVICES AMENDMENT REGULATION, 2001

Filed: April 25, 2001

Made by the Lieutenant Governor in Council (O.C. 161/2001) on April 25,

2001 pursuant to sections 52 and 53 of the Agriculture Financial Services

Act.

1 The Agriculture Financial Services Regulation (AR 174/94) is amended by

this Regulation.

Section 49.1 is amended

(

a) in subsection (1) by repealing clause (

a) and substituting the

following:

(a) "Alberta resident" or "resident of Alberta" means

(

i) an individual who files the appropriate

Federal and Alberta income tax returns for the claim year reflecting income

earned from farming operations, or

(ii) an Indian as defined in the Indian Act

(Canada) who provides to the Corporation on request the information

required by the Corporation to determine that person's program margin and

reference margin;

(

b) by repealing subsection (1.1).

Section 49.21 is amended by renumbering it as

section 49.21(1) and

adding the following after subsection (1):

(2) Subsection (1)(

b) does not apply where the applicant is an

Alberta resident described in

section 49.1(1)(a)(ii).

Section 49.3(2)(

a) is amended by repealing subclause (

i) and

substituting the following:

(

i) an individual is considered to be carrying on the business of

farming if

(

A) the individual is actively farming, and

(

B) where the individual is an Alberta resident

described in

section 49.1(1)(a)(i), the individual reports farming income

earned in Alberta on the appropriate income tax return for the claim year;

Section 49.4(2) is repealed.

6 The following is added after

section 49.9:

Payment under this Part prohibited

49.91 Notwithstanding anything in this Part, no compensation is

payable under the Farm Income Disaster Program by the Corporation in

respect of a claim year if

(

a) a cost-sharing arrangement has been entered into

which compensation based on farm income is payable in respect of that claim

year to farmers in Alberta, and

(

b) the payment of compensation under the cost-sharing

arrangement referred to in clause (

a) is subject to the same rules that

payment of compensation under the Farm Income Disaster Program is subject

to, or to similar rules.

Transitional re 2000 and subsequent years

49.92 This Part, as amended by the Agricultural Financial Services

Amendment Regulation, 2001, applies in respect of the 2000 claim year and

subsequent years.

Document details

CollectionAlberta — Gazette
Citation0515 ii
Typegazette
Volume / chapter0515 ii
Languageen
Formathtml
SourcePROVINCIAL
Identifier9702ed287f23f36e1ec8d5faff9bc57c05bba40b

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