Alberta Regulation 40/2011

Mines and Minerals Act

OIL SANDS DISPUTE RESOLUTION AMENDMENT REGULATION

Filed: March 21, 2011

For information only: Made by the Minister of Energy (M.O. 18/2011) on March 15,

2011 pursuant to

section 39 of the Mines and Minerals Act.

1 The Oil Sands Dispute Resolution Regulation

(AR 247/2007) is amended by this Regulation.

Section 1 is amended

(

a) in subsection (1)(

e) by striking out "section 38(2) of

the Act and the Royalty Regulation" and substituting

"section 38 of the Act and a Royalty Regulation";

(

b) by repealing subsection (1)(

j) to (

m) and

substituting the following:

(j) "Project" means a Project as defined in the Oil Sands

Royalty Regulation, 1997 (AR 185/97) or the Oil Sands

Royalty Regulation, 2009 (AR 223/2008);

(k) "Project operator" means an operator as defined in the

Oil Sands Royalty Regulation, 1997 (AR 185/97) or the

Oil Sands Royalty Regulation, 2009 (AR 223/2008);

(l) "Project owner" means a Project owner as defined in the

Oil Sands Royalty Regulation, 1997 (AR 185/97);

(m) "Royalty Regulation" means the Oil Sands Royalty

Regulation, 1997 (AR 185/97), the Oil Sands Royalty

Regulation, 2009 (AR 223/2008), the Oil Sands Allowed

Costs (Ministerial) Regulation (AR 231/2008) or the

Bitumen Valuation Methodology (Ministerial)

Regulation (AR 232/2008);

(

c) in subsection (2) by striking out "the Royalty

Regulation" and substituting "a Royalty Regulation".

Section 2 is amended

(

a) in subsection (1)

(

i) by striking out "(4) and (5)";

(ii) by striking out "the Royalty Regulation" and

substituting "a Royalty Regulation";

(

b) by repealing subsection (3) and substituting the

following:

(3) Before an objection may be made, the Project operator

must pay all royalty amounts that are payable under the Act

and all penalties and interest that are owing under the Act or

a Royalty Regulation that relate to the objection.

Section 4 is repealed and the following is substituted:

Requests and consideration of information by Director

4(1) Subject to subsection (2), for the purpose of conducting a

review of an objection, the Director may request from the

Department official or the applicant

(

a) any relevant information, including evidence, legislation

and guidelines, and

(

b) the analysis and position of the Department official and

applicant with respect to the objection.

(2) The Director shall not request or consider any information that

was not considered by the Department when conducting an

assessment, audit or review of the subject-matter of the objection,

unless the assessment, audit or review had been concluded before

this subsection came into force.

(3) The Department official and the applicant shall respond to any

request made under subsection (1) by the date specified by the

Director.

Section 5(6) is repealed and the following is substituted:

(6) If either the applicant or the Department official accepts the

resolution proposed by the Director and the other party does not

respond within the period referred to in subsection (3) or (4), the

resolution proposed by the Director is deemed to have been accepted

by the party that did not respond.

Section 7 is repealed and the following is substituted:

Processing of request

7(1) A request under

section 6 must contain the following

information:

(

a) a copy of the Statement of No Resolution;

(

b) a brief

summary of the applicant's position with respect to

the matters that are in dispute.

(2) Subject to subsection (3) and (4), after the Director determines

that a request contains all of the information required under

subsection (1), the Director must

(

a) provide written notice to the applicant indicating that the

request meets those requirements, and

(

b) forward the request to the Minister to decide whether to

establish a committee.

(3) If a committee has been established under

section 8 in respect of

another dispute, the Director may delay forwarding a request under

subsection (2)(

b) until such time that

(

a) the Minister has made a decision in respect of that

committee, or

that committee have been fully satisfied.

(4) If the Director receives multiple requests under

section 6 before

forwarding any one of the requests to the Minister, the Director may

determine the order in which to forward the requests to the Minister.

Section 8 is amended

(

a) in subsection (7) by adding ", by order," after "must";

(

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

(8) The Minister may describe the issues to be heard by the

committee and may exclude certain issues from being heard if

the issues

(

a) relate to the exercise of a Ministerial discretion under

the Act or a Royalty Regulation, or

(

b) were dealt with by a previous committee.

Section 9 is repealed and the following is substituted:

Powers and duties of a committee

9(1) A committee must

(

a) conduct a fair, expeditious and impartial hearing of the

matters in dispute, and

(

b) subject to this section, establish procedures for dealing with

matters before it.

(2) Two members of the committee constitute a quorum.

(3) The committee may determine the admissibility, relevance and

weight of evidence.

(4) The committee must make its decision based solely on written

submissions, unless it decides to hold an oral hearing.

(5) If the committee decides to hold an oral hearing,

(

a) oral evidence is not admissible, unless otherwise directed by

the committee,

(

b) any oral evidence permitted by the committee must be taken

down in writing or recorded by electronic means, and

(

c) the committee may require any person giving evidence

before it to do so under oath.

(6) The committee shall not consider any information that was not

considered by the Director when conducting a review of the

objection that gave rise to the establishment of the committee, unless

the Statement of No Resolution for the objection had been issued

before this subsection came into force.

(7) All hearings must be held in private.

(8) Interveners are not permitted.

(9) In establishing procedures for hearing a dispute, the committee

must, unless the Department official and the applicant otherwise

agree,

(

a) provide the applicant with at least 28 days to prepare written

submissions to be filed with the committee by a date

specified by the committee,

(

b) provide the Department official with at least 42 days to

prepare a response to the written submissions referred to in

clause (

a) to be filed with the committee by a date specified

by the committee,

(

c) provide the applicant with at least 14 days to prepare a

rebuttal to the response referred to in clause (

b) to be filed

with the committee by a date specified by the committee, but

that date must not be later than 14 days before the date the

matters in dispute are to be reviewed by the committee, and

(

d) require the Department official and the applicant to provide a

copy of the documents filed pursuant to clauses (

a) to (

c) to

each other at the same time as those documents are filed with

the committee.

(10) Documents filed under subsection (9) must include the

following:

(

a) a

summary of the facts, evidence and arguments supporting

the position of the party filing the document;

(

b) the name and contact information of the lawyer or other

agent acting on behalf of the party to the dispute;

(

c) any other information specified by the committee.

Section 10 is amended

(

a) in subsection (1)

(

i) by adding "and the applicant" after "official";

(ii) in clause (

a) by striking out "30 days" and

substituting "45 days";

(

b) in subsection (3) by striking out "30 days" and

substituting "45 days";

(

c) by repealing subsection (4) and substituting the

following:

(4) The Director must, not later than 14 days after receiving a

decision of the Minister,

(

a) provide a copy of the decision of the Minister to the

Department official and the applicant, and

(

b) publish or otherwise make available the

recommendations and reasons of the committee and the

decision of the Minister, or a

summary of them, in a

manner the Director considers appropriate.

10 The following is added after

section 10:

Amendment to decision

10.1(1) A decision of the Minister made under

section 10(2) may

be amended by the Minister on application by a party or on the

Minister's own initiative

(

a) to clarify the decision, or

(

b) to correct any of the following:

(

i) a clerical or typographical error;

(ii) an accidental or inadvertent error, omission or other

similar mistake;

(iii) an arithmetical error made in a computation.

(2) The Minister shall not amend a decision other than in those

circumstances described in subsection (1).

(3) Within 30 days after the date the Director provides the parties

with a copy of a decision under

section 10(4)(a),

(

a) a party may make an application under subsection (1) to

amend the decision, and

(

b) the Minister may, if acting on the Minister's own initiative

under subsection (1), amend the decision.

(4) A party must submit an application under subsection (1) to the

Director and provide a copy of the application to the other party at

the same time as submitting it to the Director.

(5) The Director must, not later than 14 days after receiving an

application under subsection (4), forward the application to the

Minister to decide whether to amend the decision.

(6) The Minister must decide on an application to amend a decision

within 30 days of receiving the application from the Director, unless

the Minister determines that additional time is required.

(7) If the Minister decides to amend a decision under this section,

the Minister must deliver a copy of the amendment to the Director.

(8) The Director must, not later than 14 days after receiving a copy

of the amendment from the Minister under subsection (7),

(

a) provide a copy of the amendment to the Department official

and the applicant, and

(

b) publish or otherwise make available the amendment, or a

summary of it, in a manner the Director considers

appropriate.

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

Alberta Regulation 41/2011

Municipal Government Act

PEACE REGIONAL WASTE MANAGEMENT

COMPANY REGULATION

Filed: March 23, 2011

For information only: Made by the Lieutenant Governor in Council (O.C. 104/2011)

on March 23, 2011 pursuant to

section 603 of the Municipal Government Act.

Table of Contents

Definitions

2 Exemption from Act

3 Exemption from Public Utilities Act

4 Dispute resolution

5 Provision of extra-provincial services

6 Expiry

7 Coming into force

Definitions

1 In this Regulation,

(a) "Act" means the Municipal Government Act;

(b) "public utility" means a system or works used to provide

solid waste services for public benefit or use.

Exemption from Act

2 Sections 45(3) and 47 of the Act do not apply in respect of a public

utility that is owned or operated by Peace Regional Waste

Management Company.

Exemption from Public Utilities Act

Part 2 of the Public Utilities Act does not apply in respect of a

public utility that

(

a) is owned or operated by Peace Regional Waste Management

Company, and

(

b) provides solid waste services within the boundaries of a

municipality that is a shareholder of Peace Regional Waste

Management Company.

Dispute resolution

4 If there is a dispute between a regional services commission and

Peace Regional Waste Management Company with respect to

(

a) rates, tolls or charges for a service that is a public utility,

(

b) compensation for the acquisition by the commission of

facilities used to provide a service that is a public utility, or

(

c) the commission's use of any road, square, bridge, subway or

watercourse to provide a service that is a public utility,

any party involved in the dispute may submit it to the Alberta Utilities

Commission, and the Alberta Utilities Commission may issue an order

considers appropriate.

Provision of extra-provincial services

5 Peace Regional Waste Management Company shall not provide any

solid waste services outside of Alberta without the prior written

approval of the Minister.

Expiry

6 This Regulation is made under

section 603(1) of the Act and is

subject to repeal under

section 603(2) of the Act.

Coming into force

7 This Regulation comes into force on January 1, 2012.

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

Alberta Regulation 42/2011

Religious Societies' Land Act

RELIGIOUS SOCIETIES' LAND AMENDMENT REGULATION

Filed: March 23, 2011

For information only: Made by the Lieutenant Governor in Council (O.C. 105/2011)

on March 23, 2011 pursuant to

section 27 of the Religious Societies' Land Act.

1 The Religious Societies' Land Regulation (AR 169/2000)

is amended by this Regulation.

Section 6 is amended by striking out "June 1, 2011" and

substituting "June 1, 2016".

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

Alberta Regulation 43/2011

Mines and Minerals Act

INCREMENTAL ETHANE EXTRACTION AMENDMENT REGULATION

Filed: March 23, 2011

For information only: Made by the Lieutenant Governor in Council (O.C. 106/2011)

on March 23, 2011 pursuant to sections 5 and 36 of the Mines and Minerals Act.

1 The Incremental Ethane Extraction Regulation

(AR 150/2007) is amended by this Regulation.

Section 1 is amended

(

a) in subsection (1)

(

i) in clause (

j) by striking out "exceeding the industry

ethane consumption baseline";

(ii) by repealing clause (k);

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

(m.1) "off gas" means the alkane- or alkene-rich

by-products produced from the process of refining

and upgrading bitumen;

(m.2) "operator" has the same meaning as in the Oil

Sands Royalty Regulation, 2009 (AR 223/2008);

(

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

(1.1) In this Regulation, a reference to ethane includes a

reference to ethylene.

Section 4 is repealed.

Section 5 is amended

(

a) in subsection (1)(

b) by striking out "December 31,

2016" and substituting "December 31, 2021";

(

b) by repealing subsection (3) and substituting the

following:

(3) Subject to subsection (1)(b), the tagging of a new ethane

source is valid for a period of 60 consecutive months

beginning on the date on which the tagged ethane source

commences production.

(

c) in subsection (4) by striking out "December 31, 2011"

and substituting "December 31, 2016".

Section 6 is repealed and the following is substituted:

Eligible ethane

6 Eligible ethane is ethane, as determined by the Minister, from

new ethane sources in Alberta, including off gas from oil sands

refiners or upgraders, consumed at all facilities in a year between

April 1, 2007 and December 31, 2021.

Section 7(2)(

b) is amended by striking out "2016" and

substituting "2021".

Section 8 is amended

(

a) in subsection (1) by adding "or the Oil Sands Royalty

Regulation, 2009 (AR 223/2008)" after "Natural Gas

Royalty Regulation, 2002 (AR 220/2002)";

(

b) in subsections (2) and (3)

(

i) by adding "or operators" after "royalty clients";

(ii) by adding "or operator" after "royalty client".

Section 9(1)(

a) is amended by striking out "2016" and

substituting " 2021".

Section 11(

a) is repealed.

Section 12 is repealed and the following is substituted:

Repeal

12 This Regulation is repealed on November 30, 2022.

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

Alberta Regulation 44/2011

Police Act

POLICE SERVICE AMENDMENT REGULATION

Filed: March 23, 2011

For information only: Made by the Lieutenant Governor in Council (O.C. 108/2011)

on March 23, 2011 pursuant to

section 61 of the Police Act.

1 The Police Service Regulation (AR 356/90) is amended

by this Regulation.

Section 1(

e) is amended by striking out "the police officer"

and substituting "a person referred to in

section 13".

Section 7 is amended by adding the following after

subsection (4):

(5) The time limits set out in subsections (1) and (2) do not apply in

respect of a matter where the Law Enforcement Review Board has

ordered under

section 20(2) of the Act that a hearing or rehearing of

the matter be conducted.

Section 10.1 is amended by adding the following after

subsection (4):

(5) A police officer directed under subsection (1) to attend at an

interview shall be provided with a copy of any recording of the

interview made pursuant to subsection (4).

Section 10.5 is amended by adding the following after

subsection (4):

(5) A police officer directed under subsection (1) to attend at an

interview shall be provided with a copy of any recording of the

interview made pursuant to subsection (4).

Section 13 is amended

(

a) by repealing subsection (1) and substituting the

following:

Presiding officer

13(1) Any of the following persons may serve as the presiding

officer at a hearing:

(

a) subject to subsection (1.1), a currently serving or former

police officer;

(

b) a former member of the judiciary, including judges of

the Court of Queen's Bench and the Provincial Court.

(1.1) A police officer serving as a presiding officer pursuant to

subsection (1)(

a) must be senior in rank to the cited officer.

(

b) in subsection (2) by striking out "A police officer" and

substituting "A person who meets the requirements of

subsection (1) but".

Section 16 is amended by adding the following after

subsection (4):

(5) Where a hearing or a portion of a hearing is held in public, the

written decision or the portion of it arising from the public hearing

shall be made publicly available.

Section 17(1) is amended by adding the following after

clause (a):

(a.1) a course of treatment or participation in a rehabilitation

program;

Section 19 is amended

(

a) by repealing subsection (1)(

a) and substituting the

following:

(

a) may

(

i) dismiss the matter,

(ii) issue an official warning, or

(iii) take any other action that in the opinion of the

chief of police is appropriate in the circumstances,

(

b) in subsection (1)(b)

(

i) in subclause (ii) by striking out "15" and

substituting "40";

(ii) in subclause (iii) by striking out "20" and

substituting "80";

(

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

(1.1) For the purpose of determining whether a matter may be

disposed of in accordance with subsection (1), the chief of police

shall consider the following factors:

(

a) whether the conduct of the cited officer

(

i) may constitute an offence under the Criminal Code

(Canada),

(ii) may constitute a breach of the Canadian Charter

of Rights and Freedoms, or

(iii) consisted of

an act of deceit;

(

b) whether the cited officer's behaviour is non-cooperative

or obstructive;

(

c) the cited officer's disciplinary record.

(

d) by repealing subsection (2).

Section 21 is amended by striking out "the transcript" and

substituting "the record of proceedings".

Section 22(

b) is amended by striking out "a period of 3

years" and substituting "a period of not less than one and not more

than 3 years, as specified in writing by the chief of police, in respect of

a police officer, or the commission, in respect of the chief,".

12 The following is added after

section 23:

Factors to be considered by Board

23.1(1) In this section, "Board" means the Law Enforcement

Review Board.

(2) The following factors are to be considered by the Board in

deciding whether an appeal may be concluded in accordance with

section 19.2(1)(

b) of the Act:

(

a) whether the record before the chief of police was tainted,

flawed or grossly inadequate;

(

b) the complainant's conduct during the investigation, including

whether the complainant actively participated in the

investigation;

(

c) whether the appeal raises issues of acceptability of police

conduct or the integrity of the discipline process.

13 This Regulation comes into force on the coming into

force of

section 20 of the Police Amendment Act, 2010.

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

Alberta Regulation 45/2011

Health Professions Act

OPTICIANS PROFESSION REGULATION

Filed: March 23, 2011

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

119/2011) on March 23, 2011 pursuant to

section 131 of the Health Professions Act

and made by the Council of the Alberta Opticians Association.

Table of Contents

Definitions

2 Register categories

Registration

3 General register

4 Equivalent jurisdiction

5 Substantial equivalence

6 Provisional register

7 Courtesy register

8 Good character

9 Liability insurance

Restricted Activities

10 Restricted activity of dispensing corrective lenses

11 Other authorized restricted activity

12 Restriction

13 Students, regulated members, supervision

Titles, Abbreviations and Initials

14 Authorization to use titles, etc.

Practice Permit

15 Renewal requirements

16 Conditions on practice permit

Continuing Competence

17 Program required credits

18 Program requirements

19 Continuing competence program rules

20 Rule distribution

21 Practice visits

Alternative Complaint Resolution

22 Process conductor

23 Agreement

24 Confidentiality

25 Leaving the process

Reinstatement

26 Reinstatement application

27 Consideration of application

28 Decision

29 Review by Council

30 Access to decision

Information

31 Duty to provide information

Section 119 information

Transitional Provision, Repeals

and Coming into Force

33 Transitional provision

34 Repeals

35 Coming into force

Definitions

1 In this Regulation,

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

(b) "College" means the College of Opticians of Alberta;

(c) "Competence Committee" means the competence committee

of the College;

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

College;

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

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

the regulated members register;

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

regulated members register;

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

of the regulated members register;

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

(j) "Registration Committee" means the registration committee

of the College.

Register categories

2 The regulated members register established by the Council under

section 33(1)(

a) of the Act has the following categories:

(

a) general register;

(

b) provisional register;

(

c) courtesy register.

Registration

General register

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

general register must

(

a) have successfully completed a diploma program in eyeglass

dispensing approved by the Council,

(

b) have successfully passed the competency examination in

eyeglass dispensing approved by the Council, and

(

c) have successfully passed the jurisprudence examination

approved by the Council.

(2) An applicant under subsection (1) must have completed the

requirements set out in that subsection within the 3 years immediately

preceding the date that a complete application is received by the

College.

(3) If an applicant is unable to meet the requirements of subsection

(2), the applicant must demonstrate to the Registrar or Registration

Committee that the applicant is currently competent to practise as an

optician.

(4) For the purposes of subsection (3), the Registrar or Registration

Committee may require an applicant to undergo any examination,

testing, assessment, training or education the Registrar or Registration

Committee considers necessary, including a requirement that the

applicant successfully pass the examination referred to in subsection

(1)(

b) or (c).

Equivalent jurisdiction

4 An applicant for registration as a regulated member 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 to

those set out in

section 3 may be registered on the general register.

Substantial equivalence

5(1) An applicant for registration as a regulated member who does not

meet the registration requirements of

section 3 but whose

qualifications have been determined by the Registrar or Registration

Committee 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 general register.

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

substantially equivalent under subsection (1), the Registrar or

Registration Committee may require the applicant to undergo any

examination, testing or assessment activity to assist with the

determination.

(3) The Registrar may direct an applicant under subsection (1) to

undergo any education or training activities the Registrar or

Registration Committee considers necessary in order for the applicant

to be registered.

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

provide any other relevant information or evidence that the Registrar

or Registration Committee considers necessary in order to assess an

application under this section.

Provisional register

6(1) An applicant for registration as a regulated member may be

registered on the provisional register if the applicant

(

a) is qualified to practise opticianry in another jurisdiction and

the applicant's competencies are being assessed under

section 5,

(

b) has met the requirements for registration under

section

3(1)(

a) but has not successfully passed the examinations

referred to in

section 3(1)(

b) and (c), or

(

c) is enrolled in upgrading as directed by the Registrar or

Registration Committee for the purpose of completing the

registration requirements referred to in

section 3(4).

(2) A registration on the provisional register may be valid for up to

one year.

(3) The Registrar may extend a registration on the provisional register

if the Registrar is of the opinion that extenuating circumstances exist.

(4) A person registered on the provisional register may practise only

while under the supervision of

(

a) a regulated member registered on the general register or

courtesy register,

(

b) an optometrist, or

(

c) an ophthalmologist.

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

the registration requirements set out in

section 3, the Registrar must

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

enter it on the general register.

Courtesy register

7(1) An optician registered and in good standing in another

jurisdiction who applies for registration in Alberta on a temporary

basis for a specified purpose approved by the Registrar and who

satisfies the Registrar of having competence to provide the services

related to the specified purpose may be registered on the courtesy

register.

(2) The term of a registration under subsection (1) is one year or less,

as specified by the Registrar.

(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.

Good character

8 An applicant for registration as a regulated member must provide

written evidence to the Registrar of having good character and

reputation by submitting one or more of the following on the request of

the Registrar:

(

a) references from colleagues, one of which must be from

another jurisdiction if the applicant is registered in another

jurisdiction;

(

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

(

i) is currently undergoing an unprofessional conduct

process or investigation by the College, or

(ii) has previously been disciplined by another regulatory

organization responsible for the regulation of opticians

or any other profession;

(

c) a statement by the applicant 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) the results of a current criminal records check;

(

e) any other relevant evidence as requested by the Registrar.

Liability insurance

9 An applicant for registration as a regulated member must provide

evidence of having the type and amount of professional liability

insurance required by the Council.

Restricted Activities

Restricted activity of dispensing corrective lenses

10(1) All regulated members of the College are authorized to

perform, in the practice of opticianry and in accordance with the

standards of practice, the restricted activity of dispensing corrective

lenses for the purpose of dispensing eyeglasses.

(2) A regulated member who dispenses corrective lenses for the

purpose of dispensing eyeglasses may do so only

(

a) in accordance with a prescription from a person who is

authorized to prescribe corrective lenses, or

(

b) when the lenses are being duplicated with no change in

refractive value.

Other authorized restricted activity

11(1) A regulated member registered on the general register who

(

a) has successfully completed a certificate program in contact

lens dispensing approved by the Council,

(

b) has successfully passed the competency examination in

contact lens dispensing approved by the Council, and

(

c) has received notification from the Registrar that the

authorization is indicated on the general register

is authorized to perform, in the practice of opticianry and in

accordance with the standards of practice, the restricted activity of

dispensing corrective lenses for the purpose of dispensing contact

lenses and to use rose bengal or ophthalmic preparations of lidocaine

in combination with sodium fluorescein to stain eye tissue.

(2) A regulated member who dispenses corrective lenses for the

purpose of dispensing contact lenses may do so only

(

a) in accordance with a prescription from a person who is

authorized to prescribe corrective lenses, or

(

b) when the contact lenses are being duplicated with no change

in refractive value.

(3) A regulated member registered on the courtesy register is

authorized to perform, in the practice of opticianry and in accordance

with the standards of practice, the restricted activity in subsection

(1) for the purpose of dispensing contact lenses if the regulated member

(

a) has provided evidence of competence satisfactory to the

Registrar, and

(

b) has received notification from the Registrar that the

authorization is indicated on the courtesy register.

Restriction

12 Despite any authorization to perform restricted activities,

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, regulated members, supervision

13(1) A student who is enrolled in an eyeglass dispensing program

approved by the Council is permitted to perform the restricted activity

referred to in

section 10(1) with the consent of and under the

supervision of a regulated member registered on the general register or

courtesy register.

(2) A regulated member who consents to supervise a student under

subsection (1) must

(

a) be either

(

i) present in the room and available to assist, or

(ii) if the supervising regulated member is of the opinion

that the student is able to safely and competently

perform the restricted activity being performed, on-site

and available for consultation,

(

b) be authorized to perform the restricted activity referred to in

section 10(1), and

(

c) ensure that the student who is being supervised is familiar

with, and practises in accordance with, the standards of

practice.

(3) A regulated member registered on the general register who is

enrolled in a certificate program in contact lens dispensing approved

by the Council is permitted to perform the restricted activity referred to

section 11(1) with the consent of and under the supervision of a

regulated member registered on the general register.

(4) A regulated member who consents to supervise a regulated

member under subsection (3) must

(

a) be either

(

i) present in the room and available to assist, or

(ii) if the supervising regulated member is of the opinion

that the regulated member is able to safely and

competently perform the restricted activity being

performed, on-site and available for consultation,

and

(

b) be authorized to perform the restricted activity referred to in

section 11(1).

Titles, Abbreviations and Initials

Authorization to use titles, etc.

14(1) A regulated member registered on the general register may use

the following titles, abbreviations and initials:

(

a) optician;

(

b) ophthalmic dispenser;

(

c) optical dispenser;

(

d) R.O.

(2) A regulated member registered on the general register who is

authorized to perform the restricted activity described in

section 11(1)

may use the following titles, abbreviations and initials:

(

a) contact lens practitioner;

(

b) contact lens fitter;

(

c) contact lens dispenser;

(

d) R.C.L.P.

(3) A regulated member registered on the provisional register may use

the title "provisional optician".

(4) A regulated member registered on the courtesy register may use

any one or more of the titles referred to in subsection (1) or (2), if the

Registrar authorizes the regulated member to use any one or more of

the titles and indicates the authorization on the courtesy register.

(5) A regulated member may use the title "registered" together with

any other title the regulated member is authorized to use by this

section.

(6) A regulated member registered on the general register and a

regulated member registered on the courtesy register may use the title

"specialist" if the regulated member

(

a) meets the requirements established by the Council for the use

of the title specialist,

(

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

(

c) has received notification from the Registrar that the

authorization is indicated on the appropriate register.

(7) The Registrar must indicate an authorization under subsection

(6) on the appropriate register.

(8) The Registrar may impose conditions on an authorization issued

under subsection (6)(b).

Practice Permit

Renewal requirements

15 A regulated member who applies for renewal of a practice permit

must provide

(

a) evidence of having the type and amount of professional

liability insurance required by the Council,

(

b) a statement by the applicant as to whether the applicant has

been subject to any disciplinary action by a regulatory

organization responsible for the regulation of opticians or of

any other profession since the applicant's last practice

permit,

(

c) a statement as to whether, since the applicant's last practice

permit, 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, and

(

d) satisfactory evidence of having complied with the continuing

competence requirements set out in this Regulation.

Conditions on practice permit

16 For the purposes of issuing a practice permit, the Registrar, the

Registration Committee or the Competence Committee may impose

conditions, including, but not limited to, the following:

(

a) that the regulated member complete continuing competence

requirements within a specified time;

(

b) that the regulated member complete any examinations,

testing, assessment, practicum, work experience, training or

counselling;

(

c) that the regulated member be prohibited from engaging in

sole practice;

(

d) that the regulated member limit the member's practice to

specified areas, procedures or practice settings approved by

the Registrar, the Registration Committee or the Competence

Committee and refrain from performing specific procedures

or practising in specified areas or settings;

(

e) that the regulated member be required to practise under

supervision as specified by the Registrar, the Registration

Committee or the Competence Committee;

(

f) that the regulated member be required to report to the

Registrar, the Registration Committee or the Competence

Committee on specified matters on specified dates;

(

g) that the practice permit is valid only for the time and purpose

stated on the permit;

(

h) that the regulated member be prohibited from supervising

students of the profession or regulated members of the

College.

Continuing Competence

Program required credits

17(1) As part of the continuing competence program, a regulated

member registered on the general register must obtain the following

continuing competence program credits in each successive 3-year

period:

(a) 20 continuing competence program credits;

(

b) if authorized to perform the restricted activity described in

section 11, 15 continuing competence program credits in

activities related to contact lens dispensing in addition to

those required under clause (a).

(2) The commencement date under subsection (1) for the initial 3-year

period

(

a) for a person who, on the coming into force of this

Regulation, is deemed to be a regulated member registered

on the general register and is participating in the continuing

competence program of the Alberta Opticians Association, is

the person's commencement date under that program, and

(

b) in all other cases, is the date determined by the Registrar.

Program requirements

18(1) To obtain continuing competence program credits, a regulated

member registered on the general register may undertake one or more

of the following continuing competence activities in accordance with

the rules established under

section 19:

(

a) attending lectures or courses in opticianry or that are relevant

to the practice of opticianry;

(

b) instructing or lecturing in opticianry or in areas relevant to

the practice of opticianry;

(

c) presenting or participating in approved opticianry seminars

or study groups;

(

d) participating in contact lens education programs;

(

e) publication of papers in opticianry or related fields;

(

f) attending approved events;

(

g) self-directed learning;

(

h) other activities approved by the Council.

(2) As part of the continuing competence program, a regulated

member registered on the general register must each year complete the

following in a form satisfactory to the Registrar:

(

a) a self-assessment;

(

b) a competence plan that states the regulated member's

continuing competence goals for the year and the continuing

competence activities to be undertaken during the year to

achieve the continuing competence goals;

(

c) a list of the continuing competence activities carried out by

the regulated member during the year.

(3) A regulated member registered on the general register must, on the

request of the Registrar, submit to the Registrar anything referred to in

subsection (2).

(4) The Registrar or Competence Committee must periodically select

regulated members in accordance with criteria established by the

Council for a review and evaluation of all or part of the member's

continuing competence program.

Continuing competence program rules

19(1) The Council may establish rules governing

(

a) eligibility of an activity to qualify for continuing competence

program credits,

(

b) the number of continuing competence program credits earned

for a particular activity,

(

c) requirements that regulated members participate in a

specified number of professional development activities,

(

d) limits on the number of continuing competence program

credits that can be earned from specific activities,

(

e) the transfer of continuing competence program credits earned

in one year to the following year, and

` (

f) the continuing competence program.

(2) The Registrar and the Competence Committee may recommend

rules or amendments to the rules to the Council.

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

rules, the rules or amendments to the rules must be distributed by the

Registrar to all regulated members for their review.

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

more days after their distribution under subsection (3) and after having

considered any comments received on the proposed rules or proposed

amendments to the rules.

Rule distribution

20 The Registrar must distribute the rules and any amendments to the

rules established under

section 19(4) to the regulated members and

provide copies on request to the Minister, the regional health

authorities and any person who requests them.

Practice visits

21(1) The Competence Committee may, as part of the continuing

competence program, undertake practice visits for the purposes of

assessing continuing competence and select individual regulated

members or groups of regulated members registered on the general

register for practice visits.

(2) The selection of individual regulated members or groups of

regulated members registered on the general register for practice visits

must be undertaken in accordance with the criteria approved by the

Council.

(3) If the results of a practice visit are unsatisfactory, the Competence

Committee may direct individual regulated members or groups of

regulated members registered on the general register to undertake one

or more of the following within a specified period of time:

(

a) correct any problems identified in the practice visit;

(

b) complete specific continuing competence requirements or

professional development activities within a specified time;

(

c) complete examinations, testing, assessments, training, work

experience, education or counselling;

(

d) practise under the supervision of another regulated member

for a specified period of time;

(

e) limit their practice to specified professional services,

restricted activities or practice settings;

(

f) refrain from practising specified professional services,

restricted activities or in specified practice settings;

(

g) refrain from supervising other opticians, students or other

persons providing professional services as directed by the

Competence Committee;

(

h) report to the Competence Committee on specified matters on

specified dates.

Alternative Complaint Resolution

Process conductor

22 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

23 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

24 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

25 The complainant or the investigated person may withdraw from

the alternative complaint resolution process at any time.

Reinstatement

Reinstatement application

26(1) A person whose registration and practice permit have been

cancelled under

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

to have the registration reinstated and the practice permit reissued.

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

(

a) not earlier than 5 years after the date of cancellation, and

(

b) no more than once each calendar year after the refusal of an

application under

section 28.

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

Registrar of qualifications for registration.

Consideration of application

27(1) An application under

section 26 must be reviewed by the

Registrar or the Registration Committee.

(2) When reviewing an application under

section 26, the Registrar or

the Registration Committee must consider

(

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

and practice permit were cancelled, and

(

b) whether the applicant

(

i) meets the current requirements for registration,

(ii) has met any conditions that have been imposed before

the applicant's registration and practice permit were

cancelled, and

(iii) is fit to practise opticianry and does not pose a risk to

public safety.

Decision

28 The Registrar or the Registration Committee may, on completing

the review of an application in accordance with

section 27, make one

or more of the following orders:

(

a) an order refusing the application for reinstatement;

(

b) an order directing the reinstatement of the person's

registration and the reissuance of the person's practice

permit;

(

c) an order imposing specified conditions on the person'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

provided for in the bylaws;

(

e) any other order that the Registrar or the Registration

Committee considers necessary for the protection of the

public.

Review by Council

29(1) An applicant whose application for reinstatement is refused or

on whose practice permit conditions have been imposed under

section

28 may request a review by the Council.

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

(1).

Access to decision

30(1) The Registrar or the Registration Committee, under

section 28,

and the Council, under

section 29, may order that its decision be

published in a manner the Registrar or the Registration Committee or

the Council considers appropriate.

(2) The College must make the decisions under

section 28 and 29

available for 5 years to the public on request.

Information

Duty to provide information

31(1) An applicant for registration or a regulated member must

provide the following information, in addition to that required under

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

Registrar, on application for registration and when there are changes to

the information:

(

a) the following demographic, academic and training

information:

(

i) gender;

(ii) full legal name and, if applicable, any previous names;

(iii) preferred form of address;

(iv) date of birth;

(

v) a passport-type photograph;

(vi) home address, telephone number, fax number and

e-mail address;

(vii) academic and practical training qualifications and where

and when they were obtained;

(

b) the following practice information:

(

i) current employer's name;

(ii) place of employment, mailing address, telephone

number, fax number and e-mail address;

(iii) emergency contact telephone number;

(iv) type of facility in which the member practises;

(

v) job title or position;

(vi) date of commencement of employment;

(vii) areas of practice and any specialties;

(viii) name of the current supervising regulated member or

current optometrist or ophthalmologist, as the case may

be, if the regulated member is registered on the

provisional register;

(ix) languages in which a regulated member or an applicant

for registration provides professional services;

(

x) the name of any other jurisdiction in which a regulated

member or an applicant for registration is registered to

practise opticianry;

(xi) the name of any other college of a regulated health

profession with which a regulated member or an

applicant for registration is registered to practise and

whether the regulated member or the applicant for

registration is providing professional services regulated

by that college.

(2) On the request of a member of the public, the College may

disclose the following information with respect to a regulated member:

(

a) place of employment;

(

b) area of practice;

(

c) languages in which professional services are provided.

(3) Subject to

section 34(1) of the Act and subsection (2), the College

may disclose 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.

Section 119 information

32 The periods of time during which the College is to provide

information under

section 119(4) of the Act are as follows:

(

a) information referred to in

section 33(3) of the Act entered in

a register with respect to a regulated member, while the

member is registered as a regulated member of the College

and for 2 years after ceasing to be registered except for the

information referred to in

section 33(3)(

h) of the Act;

(

b) information referred to in

section 119(1) of the Act

respecting

(

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

while the suspension is in effect and for 5 years after the

period of suspension has expired,

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

permit, for 5 years after the cancellation,

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

practice permit, while the conditions are in effect,

(iv) the directions made that a regulated member cease

providing professional services, while the directions are

in effect, and

(

v) the imposition of a reprimand or fine under

Part 4 of the

Act, for 5 years after the imposition of the reprimand or

fine;

(

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

under

Part 4 of the Act with respect to a named regulated

member, until the hearing is concluded;

(

d) information respecting

(

i) whether a hearing has been held under

Part 4 of the Act

with respect to a named regulated member, for 5 years

from the date the hearing is concluded, and

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

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

Part 4

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

of the College rendered its decision.

Transitional Provision, Repeals

and Coming into Force

Transitional provision

33 On the coming into force of this Regulation, a person described in

section 6 of

Schedule 16 to the Act is deemed to be registered on the

regulated members register in the category that the Registrar considers

appropriate.

Repeals

34(1) The By-laws of the Alberta Guild of Ophthalmic Dispensers

(AR 572/65) are repealed.

(2) The Ophthalmic Dispensing Regulation (AR 69/86) is repealed.

Coming into force

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

Schedule 16 to the Health Professions Act.

Alberta Regulation 46/2011

Fair Trading Act

RETAIL HOME SALES BUSINESS

LICENSING AMENDMENT REGULATION

Filed: March 25, 2011

For information only: Made by the Minister of Service Alberta (M.O. SA:010/2011)

on March 21, 2011 pursuant to

section 105 of the Fair Trading Act.

1 The Retail Home Sales Business Licensing Regulation

(AR 197/99) is amended by this Regulation.

Section 13 is amended by striking out "September 1, 2011"

and substituting "September 1, 2015".

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

Alberta Regulation 47/2011

Livestock and Livestock Products Act

PURCHASE AND SALE OF EGGS AND PROCESSED EGG AMENDMENT

REGULATION

Filed: March 29, 2011

For information only: Made by the Minister of Agriculture and Rural Development

(M.O.03/2011) on March 8, 2011 pursuant to

section 1 of the Livestock and

Livestock Products Act.

1 The Purchase and Sale of Egg and Processed Egg

Regulation (AR 23/2004) is amended by this Regulation.

Section 20 is amended by striking out "March 31, 2011"

and substituting "March 31, 2019".

Alberta Regulation 48/2011

Municipal Government Act

SUBDIVISION AND DEVELOPMENT FORMS AMENDMENT REGULATION

Filed: March 31, 2011

For information only: Made by the Minister of Municipal Affairs (M.O. L:018/11)

on March 22, 2011 pursuant to

section 604 of the Municipal Government Act.

1 The Subdivision and Development Forms Regulation

(AR 44/2002) is amended by this Regulation.

Section 3 is amended by striking out "June 30, 2011" and

substituting "June 30, 2014".