Alberta Gazette — 30 June 2021 (Part II)
30 June 2021
Alberta — Gazette
Alberta Regulation 114/2021
Mental Health Services Protection Act
MENTAL HEALTH SERVICES PROTECTION REGULATION
Filed: June 2, 2021
For information only: Made by the Lieutenant Governor in Council (O.C. 163/2021)
on June 2, 2021 pursuant to
section 27 of the Mental Health Services Protection Act.
Table of Contents
Definitions
2 Licence required
3 Exemption required
4 Refusal to issue or renew a licence
5 Requirement to be a custodian or an affiliate
6 Policy and procedure requirements
7 Critical incident reporting
8 Record creation, maintenance and retention
9 Reporting - general
10 Duty to train
11 Transitional
12 Expiry
Definitions
1 In this Regulation,
(a) "adverse event" means an event in which an individual
experiences a negative health outcome that is related to, or is
likely to be related to, the consumption of drugs, including,
but not limited to, a suspected overdose event or cardiac
arrest;
(b) "affiliate" means an affiliate as defined in the Health
Information Act;
(c) "consumption station" means a room or booth designated by
a service provider who offers or provides supervised
consumption services for the consumption of drugs by
individuals;
(d) "critical incident" means
(
i) an incident that causes serious injury or death to a client
of a service provider, the service provider, an employee
or any other individual in relation to the provision of
services, or
(ii) an incident that threatens to cause serious injury or
death to a client of a service provider, the service
provider, an employee or any other individual in
relation to the provision of services, but does not
include an overdose, cardiac arrest or any other negative
health outcome that is related, or likely to be related, to
the consumption of drugs where the incident does not
result in serious injury or death;
(e) "custodian" means a custodian as defined in the Health
Information Act;
(f) "Department" means the Department administered by the
Minister;
(g) "drug" means a controlled substance or an analogue as
defined in the Controlled Drugs and Substances Act
(Canada);
(h) "opioid agonist therapy services" means opioid agonist
therapy services that are prescribed for an individual and
provided directly to that individual;
(i) "Recovery-oriented Overdose Prevention Services Guide"
means the Recovery-oriented Overdose Prevention Services
Guide, April 2021, approved by the Minister and published
by the Department, as amended from time to time;
(j) "regional health authority" means a regional health authority
established under the Regional Health Authorities Act;
(k) "serious injury" means a life-threatening injury or an injury
that has caused, is causing or may cause significant
impairment to an individual's health or could result in
permanent disability, where the injury is unusual or
unexpected;
(l) "supervised consumption services" means services provided
to individuals in which the consumption of drugs that have
previously been obtained by those individuals is supervised,
in person, by the service provider or an employee of the
service provider and emergency care is available and
provided in response to an adverse event, but does not
include opioid agonist therapy services.
Licence required
2 A service provider who offers or provides supervised consumption
services is prescribed as a service provider requiring a licence.
Exemption required
3 A licence for the provision of supervised consumption services
must include the requirement that the service provider who offers or
provides supervised consumption services be, in respect of a specific
location or facility, either
(
a) exempt under subsection 56(1) or 56.1(1) of the Controlled
Drugs and Substances Act (Canada), or
(
b) authorized by the Province under an exemption granted to the
Province under subsection 56(1) of the Controlled Drugs and
Substances Act (Canada).
Refusal to issue or renew a licence
4 A director may consider the following criteria when issuing or
refusing to issue, amend or renew a licence for the provision of
supervised consumption services:
(
a) community support for the services;
(
b) coordination of the work of the following in the provision of
health services in order to achieve the best health outcome
and to avoid duplication of effort and expense:
(
i) a regional health authority;
(ii) the Government of Alberta;
(iii) public and private institutions.
Requirement to be a custodian or an affiliate
5(1) A service provider shall not offer or provide supervised
consumption services unless that service provider is
(
a) a custodian, or
(
b) an affiliate of a custodian for the purpose of providing
supervised consumption services, as approved by a director.
(2) A director may, on a temporary basis, exempt a service provider
from the requirements of this section.
Policy and procedure requirements
6(1) A service provider who offers or provides supervised
consumption services shall ensure that a written policy or a written
procedure is prepared and implemented respecting the following:
(
a) clinical practice;
(
b) referrals;
(
c) safety and security;
(
d) matters relating to employees and staffing;
(
e) client rights and expectations for clients;
(
f) needle distribution;
(
g) needle debris mitigation;
(
h) record creation, maintenance and retention;
(
i) community engagement;
(
j) facilities or other locations where services are offered or
provided;
(
k) the collection, use and disclosure of personal information and
individually identifying health information.
(2) A policy or procedure referred to in subsection (1) must meet the
requirements, if any, set out in the Recovery-oriented Overdose
Prevention Services Guide.
(3) A director may, on a temporary basis, exempt a service provider
who offers or provides supervised consumption services from the
requirements of this section.
Critical incident reporting
7(1) A service provider who offers or provides supervised
consumption services shall report a critical incident to a director as
soon as possible and no later than 12 hours after the critical incident
occurs.
(2) A report of a critical incident must be in writing and contain all of
the following information, as available:
(
a) the date, time, place and nature of the incident;
(
b) the name and age of the client affected, if known;
(
c) the name of any witnesses to the incident, if known;
(
d) the action taken or planned.
(3) A service provider who offers or provides supervised consumption
services shall, as soon as possible after a critical incident, notify any
critical incident contacts provided by the client and any substitute
decision makers who need to know of the critical incident in order to
fulfill their duties under their legal authorization.
(4) In addition to submitting a report under subsection (1), within
2 weeks after a critical incident, a service provider who offers or
provides supervised consumption services shall ensure that a further
report respecting the critical incident, including an analysis of the
circumstances leading to the incident and any action taken or planned
in addition to the action referred to in a report under subsection (2), is
submitted to a director.
(5) On request by a director, within the time period specified by the
director, a service provider who offers or provides supervised
consumption services shall ensure that a report is submitted respecting
the steps taken or needed to prevent similar incidents in the future and
any other matters specified by the director.
Record creation, maintenance and retention
8(1) A service provider who offers or provides supervised
consumption services shall create and maintain records containing the
following:
(
a) in respect of each client,
(
i) the name of the client's critical incident contacts and
substitute decision makers, if any,
(ii) a unique identifier for the client in the form, if any,
set out in the Recovery-oriented Overdose Prevention
Services Guide, and
(iii) copies of all critical incident reports relating to the
client;
(
b) in respect of each employee engaged in providing supervised
consumption services,
(
i) copies of any required criminal record check and any
required vulnerable sector check of the employee, and
(ii) documentation of the employee's position title and
description and the qualifications and training of the
employee for the employee's position;
(
c) in respect of each facility or other location at which
supervised consumption services are provided, the following
information and documents:
(
i) name, address, phone number and e-mail address of the
facility or other location;
(ii) date on which supervised consumption services began
to be delivered at the facility or other location;
(iii) number of employees at the facility or other location
who provide services directly to clients;
(iv) staffing ratios, including the number and type of
employees per shift;
(
v) floor plans for the facility or other location, including a
demarcation of each consumption station;
(vi) hours and days of operation;
(vii) other permits issued in respect of the facility or other
location that are required to operate the facility or other
location, including, without limitation, municipal
permits and zoning approval;
(
d) copies of all critical incident reports;
(
e) a copy of all policies and procedures referred to in
section 6;
(
f) the following information and documents relating to the
service provider:
(
i) a copy of the business licence and business permits
issued in respect of the service provider;
(ii) a copy of the articles of incorporation or association, if
applicable, of the service provider;
(iii) proof of insurance, including property and liability
insurance;
(iv) a declaration signed by or on behalf of the service
provider setting out all criminal charges, convictions or
investigations concerning the service provider, as
required by a director;
(
v) a declaration signed by or on behalf of the service
provider setting out all civil lawsuits concerning the
service provider, as required by a director.
(2) The records referred to in subsection (1)(
a) must be kept by the
service provider providing the supervised consumption services for at
least 5 years after the date of the last entry in the records respecting the
client.
(3) A director may, on a temporary basis, exempt a service provider
who offers or provides supervised consumption services from the
requirements of this section.
Reporting - general
9(1) A service provider who offers or provides supervised
consumption services shall
(
a) on a monthly basis, report information about service
utilization as described in the Recovery-oriented Overdose
Prevention Services Guide to a director, and
(
b) report any other information required by a director in the
form and manner determined by the director.
(2) Information referred to in subsection (1) may include personal
information and individually identifying health information.
Duty to train
10 A service provider who offers or provides supervised
consumption services shall ensure that each employee is trained in the
implementation and delivery of all applicable policies, procedures,
reporting and record keeping referred to in this Regulation.
Transitional
11(1) In this section,
(a) "exempt" means to be
(
i) exempt under subsection 56(1) or 56.1(1) of the
Controlled Drugs and Substances Act (Canada), or
(ii) authorized by the Province under an exemption granted
to the Province under subsection 56(1) of the Controlled
Drugs and Substances Act (Canada);
(b) "existing service provider" means a service provider who, on
October 1, 2020,
(
i) is exempt, and
(ii) offers or provides supervised consumption services
subject to the terms of an agreement under the Health
Grants Regulation (AR 146/2002) for a grant with
respect to the provision of supervised consumption
services;
(c) "transition period" means the period beginning on the day
this Regulation comes into force and ending 120 days after
the day this Regulation comes into force.
(2) During the transition period, this Regulation does not apply to an
existing service provider who offers or provides supervised
consumption services.
Expiry
12 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be
repassed in its present or an amended form following a review, this
Regulation expires on June 30, 2026.
--------------------------------
Alberta Regulation 115/2021
Mental Health Act
MENTAL HEALTH ACT FORMS AND
DESIGNATION AMENDMENT REGULATION
Filed: June 4, 2021
For information only: Made by the Minister of Health (M.O. 13/2021) on May 26,
2021 pursuant to sections 53(2.1), 53(3) and 53(4) of the Mental Health Act.
1 The Mental Health Act Forms and Designation
Regulation (AR 136/2004) is amended by this Regulation.
Section 15.1(8) is amended by striking out "Form 25" and
substituting "Form 19, Form 20 or Form 21, as applicable".
Section 15.2 is amended
(
a) in subsection (1) by adding the following after
clause (t):
(
u) Stollery Children's Hospital.
(
b) by repealing subsection (3)(b).
4 The
Schedule is amended
(
a) by repealing Forms 1, 2 and 2.1 and substituting the
following:
Form 1
Admission Certificate
Mental Health Act
Section 2
I, (name of physician or other qualified health professional)
of (business address) , am
[] a physician.
[] a qualified health professional other than a physician.
I certify that I examined (name of person examined)
of (home address) on (date) at (time) using the following
means:
[] in person at (place of examination)
[] via video conference at (location of person who was examined)
In my opinion the person examined
(
a) is suffering from mental disorder, based on the following
facts
[] observed by me, and/or
[] communicated to me by others:
(
b) has the potential to benefit from treatment for the mental
disorder, based on the following facts
[] observed by me, and/or
[] communicated to me by others:
(
c) is, within a reasonable time, likely to cause harm to others or
to suffer negative effects, including substantial mental or
physical deterioration or serious physical impairment, as a
result of or related to the mental disorder, based on the
following facts
[] observed by me, and/or
[] communicated to me by others:
and
(
d) is unsuitable for admission to a facility other than as a formal
patient, based on the following facts
[] observed by me, and/or
[] communicated to me by others:
(Note: All 4 criteria above must be met.)
[] The person is not in a facility and is to be conveyed for
examination to (name of facility) at (address of facility).
(Place an X in the box if conveyance is required.)
(date of issue)
(time of issue)
(signature of physician
or other qualified health professional)
(printed name of physician
or other qualified health professional)
Form 2
Renewal Certificate
Mental Health Act
Section 8
I, (name of psychiatrist or other qualified health professional) of
(business address) , am
[] a psychiatrist.
[] a qualified health professional other than a psychiatrist.
I certify that I examined (name of person examined)
on (date) at (time) separately from any other qualified health
professional.
In my opinion the person examined
(
a) is suffering from mental disorder, based on the following
facts
[] observed by me, and/or
[] communicated to me by others:
(
b) has the potential to benefit from treatment for the mental
disorder, based on the following facts
[] observed by me, and/or
[] communicated to me by others:
(
c) is, within a reasonable time, likely to cause harm to others or
to suffer negative effects, including substantial mental or
physical deterioration or serious physical impairment, as a
result of or related to the mental disorder, based on the
following facts
[] observed by me, and/or
[] communicated to me by others:
and
(
d) is unsuitable for admission to a facility other than as a formal
patient, based on the following facts
[] observed by me, and/or
[] communicated to me by others:
(Note: All 4 criteria above must be met.)
The person was examined at (name of facility)
(date of issue)
(time of issue)
(signature of psychiatrist or other qualified health professional)
(printed name of psychiatrist or other qualified health professional)
Form 2.1
Cancellation of Admission Certificates or Renewal Certificates
Mental Health Act
Section 31(4)
I, (name of physician) of (business address) , certify that I
examined (name of person examined) on
(date) at (time) at (place of examination) .
In my opinion, the person examined no longer meets one or more of
the following criteria under which the person became the subject of 2
admission certificates or 2 renewal certificates:
(
a) is suffering from mental disorder;
(
b) has the potential to benefit from treatment for the mental
disorder;
(
c) is, within a reasonable time, likely to cause harm to others or
to suffer negative effects, including substantial mental or
physical deterioration or serious physical impairment, as a
result of or related to the mental disorder;
(
d) is unsuitable for admission to a facility other than as a formal
patient.
I have formed my opinion
(
a) on the following facts observed by me (required):
(
b) on the following facts communicated to me by others:
[] I have informed the patient that they are no longer a formal
patient under the Mental Health Act.
Dated this day of , 20
(signature of physician)
(printed name of physician)
(
b) by repealing Form 6 and substituting the following:
Form 6
Memorandum of Transfer
to Another Facility
Mental Health Act
Section 22(1)
(Note: This form needs to be completed only when a patient is being
transferred from
(
a) a designated AHS facility to the Grey Nuns Community
Hospital, Misericordia Community Hospital or Villa Caritas,
(
b) the Grey Nuns Community Hospital, Misericordia
Community Hospital or Villa Caritas to a designated AHS
facility.)
Arrangements have been made with the board of (name of facility to
which the patient is to be transferred) to transfer (name of formal
patient), a formal patient in (name of facility in which patient is
presently detained), to (name of facility to which the patient is to be
transferred).
Dated this day of , 20 .
(signature of representative of
board of sending facility)
(printed name of representative)
(
c) by repealing Forms 11 to 13 and substituting the
following:
Form 11
Certificate of Incompetence to
Make Treatment Decisions
Mental Health Act
Section 27
PART I
(To be completed by a physician)
I, (name of physician), am of the opinion that (name of formal patient)
is not mentally competent to make treatment decisions.
In my opinion the formal patient
(
a) is not able to understand the subject matter relating to the
decisions, based on the following facts
[] observed by me, and/or
[] communicated to me by others:
and/or
(
b) is not able to appreciate the consequences of making the
decisions, based on the following facts
[] observed by me, and/or
[] communicated to me by others:
Dated this day of , 20 .
(signature of physician)
(printed name of physician)
PART II
(To be completed by the board of a facility)
To: (name of formal patient) of (address)
And: (name of patient's agent, if any) of (address)
And: (name of patient's guardian, if any) of (address)
And: (name of nearest relative) of (address) , unless the
patient objects on reasonable grounds:
Take notice that (name of formal patient) is entitled to have the
physician's opinion about their competence to make treatment
decisions reviewed by a review panel by sending to the chair of the
review panel an Application for Review Panel Hearing, in Form 12.
Dated this day of , 20 .
(signature of representative of
board of facility)
(printed name of representative
of board of facility)
Form 12
Application for Review Panel Hearing
Mental Health Act
Sections 27(3), 29(2), 33 and 38(1) and
(1.1) To: (name of chair of the review panel)
(business address of chair)
I, (name of applicant) of (address of applicant), bearing a relationship
of (self, agent, guardian, physician, other (specify)) to (name of patient
or person who is subject to a community treatment order), apply
[] under
section 27(3) of the Act for a review of the attached
Certificate of Incompetence to Make Treatment Decisions,
dated
and signed by .
[] under
section 29(2) of the Act for an order directing that the
following treatment (nature of treatment) be administered to
(name of formal patient).
[] under
section 33 of the Act for an order transferring (name of
patient) back to (name of correctional facility).
[] under
section 38(1) of the Act for cancellation of admission
certificates or renewal certificates issued on (date of issue).
[] under
section 38(1) of the Act for the board to issue a
community treatment order.
[] under
section 38(1.1) of the Act for cancellation of the
community treatment order (issued/amended/renewed) on
(date of issue/amendment/renewal).
(Choose all that apply and place an X in the appropriate box(es).)
Choice of review panel hearing method:
[] I consent to this review panel hearing being conducted by
video conference.
[] I consent to this review panel hearing being conducted in
person.
[] I consent to this review panel hearing being conducted by
telephone.
(Choose all that apply and place an X in the appropriate box(es).)
Legal Aid:
[] I wish for Legal Aid Alberta to provide free legal
representation at the hearing.
Dated this day of , 20 .
(signature of applicant)
Notice:
I (do) (do not) object to my nearest relative being informed of the
review panel hearings.
(signature of patient or person who is
subject to the community treatment order)
(printed name of patient or person who is
subject to the community treatment order)
Form 13
Notice of Hearing Before Review Panel
Mental Health Act
Section 40
Application received
by the review panel
(date)
Take notice that a hearing will be held
(Choose all that apply and place an X in the appropriate box(es).)
[] under
section 27(3) of the Act for a review of the physician's
opinion in the attached Certificate of Incompetence to Make
Treatment Decisions relating to (name of formal
patient) dated and signed by .
[] under
section 29(2) of the Act for an order directing that the
following treatment (nature of treatment) may be
administered to (name of formal patient) .
[] under
section 33 of the Act for an order transferring (name of
patient) back to a correctional facility.
[] under
section 38(1) of the Act for cancellation of admission
certificates or renewal certificates relating to (name of formal
patient).
[] under
section 38(1) of the Act for the board to issue a
community treatment order relating to (name of formal
patient).
[] under
section 38(1.1) of the Act for cancellation of the
community treatment order (issued/amended/renewed) on
(date of issue/amendment/renewal) relating to (name of
person who is subject to the community treatment order).
[] under
section 39 of the Act for
(Choose one and place an X in the appropriate box.)
[] cancellation of renewal certificates relating to (name
of formal patient).
[] cancellation of the community treatment order
relating to (name of person who is subject to the
community treatment order).
The review panel will hear the application
on (date) at (time) at (place) .
Review panel hearing method:
[] The review panel hearing will be conducted by video
conference.
[] The review panel hearing will be conducted in person.
[] The review panel hearing will be conducted by telephone.
(date of issue)
(signature of chair of review panel)
(printed name of chair)
(contact information)
(
d) by repealing Forms 17 and 17.1 and substituting the
following:
Form 17
Decision of Review Panel Regarding Admission
Certificates, Renewal Certificates or
Community Treatment Orders
Mental Health Act
Sections 38(1) and (1.1) and 41
(name of formal patient or person who is subject to the community
treatment order) (does) (does not) object to the nearest relative, (name
of nearest relative), receiving notice of the decision.
The review panel has heard and considered the application of (name of
applicant), bearing a relationship of (self, agent, guardian, other
(specify)) to (name of formal patient or person who is subject to the
community treatment order), and has decided
[] to cancel the admission certificates or renewal certificates
relating to the person named above.
[] to refuse to cancel the admission certificates or renewal
certificates relating to the person named above for the
following reasons: .
[] to cancel the community treatment order relating to the
person named above.
[] to refuse to cancel the community treatment order relating to
the person named above for the following reasons:
[] to order the board of the facility to issue a community
treatment order in respect of the formal patient within a
reasonable amount of time. (Note: Admission certificates or
renewal certificates remain in force until the community
treatment order is issued, or until the certificates are
cancelled or renewed or expire, whichever occurs first.)
(Place an X in the appropriate box(es).)
Date of decision:
This decision may be appealed to the Court of Queen's Bench within
30 days after receipt of this decision.
(signature of chair of review panel)
(printed name of chair)
Form 17.1
Decision of Review Panel Regarding
Order for the Board to Issue a
Community Treatment Order
Mental Health Act
Sections 38(1)(
b) and 41
(name of formal patient) (does) (does not) object to the nearest
relative, (name of nearest relative), receiving notice of the decision.
The review panel has heard and considered the application of (name of
applicant), bearing a relationship of (self, agent, guardian, other
(specify)) to (name of formal patient), and has decided
[] to order the board of the facility to issue a community
treatment order in respect of the formal patient within a
reasonable amount of time. (Note: Admission certificates or
renewal certificates remain in force until the community
treatment order is issued, or until the certificates are
cancelled or renewed or expire, whichever occurs first.)
[] to refuse to order the board of the facility to issue a
community treatment order in respect of the formal
patient.
(Place an X in the appropriate box.)
Date of decision:
This decision may be appealed to the Court of Queen's Bench within
30 days after receipt of this decision.
(signature of chair of review panel)
(printed name of chair)
(
e) by repealing Forms 19, 20, 21 and 22 and
substituting the following:
Form 19
Issuance of Community Treatment Order
Mental Health Act
Sections 9.1 and 14(1.1)(
a) PART I
Written Statement
(To be completed by the issuing qualified health professional)
To: (name of person subject to the order) of (address)
And: (name of person, if any) of (address) who is exercising
authority under
section 28(1) of the Act to make treatment
decisions on behalf of the person who is subject to the
community treatment order
And: if the person noted above is not the nearest relative, (name of
nearest relative) of (address) , unless the person subject
to the order objects on reasonable grounds
And: (name of other person, if any) of (address) designated by
the person subject to the order to receive notices:
Take notice that (name of person subject to the order) is now subject to
a community treatment order pursuant to
section 9.1 of the Act. The
reason for the issuance of the community treatment order
is (reason in simple language) .
Important Information:
You have the right to apply to a review panel for cancellation of
this community treatment order.
You may apply for cancellation of this community treatment order
by filing an application with the chair of the review panel. An
application may be filed by you, your agent, your guardian or
another person on your behalf.
_____________________________________
Name of chair of appropriate review panel
________________________________
Contact information of appropriate review panel
(signature of issuing qualified health professional) (date)
(printed name of issuing qualified health professional)
(phone number, including extension number, if any)
(Either
Part II or
Part III to be completed by a psychiatrist)
PART II
Issuing Qualified Health Professional's Examination
Name of person:
Address (if known):
Phone (if known):
Date of Birth: Personal Health Number:
I, (name of psychiatrist or other qualified health professional) of
(business address), (phone number, including extension number, if
any), am
[] a psychiatrist or I have the authority of a psychiatrist for the
purposes of the Act by way of a declaration made under
section 49(2) of the Act,
[] a qualified health professional other than a psychiatrist,
and I am the issuing qualified health professional of this
community treatment order.
I certify that I examined this person on (date) at (time) at (place of
examination) with the following results:
1. The person examined
(
a) in my opinion, is suffering from mental disorder,
(
b) has
[] during the immediately preceding 3-year period, on 2 or
more occasions, or for a total of at least 30 days,
[] been a formal patient in a facility,
[] been in an approved hospital or been lawfully
detained in a custodial institution where there is
satisfactory evidence that while there the person
would have met the criteria set out in
section 2(
a) and (
c) of the Act at the time or those times,
[] both been a formal patient in a facility and been in
an approved hospital or lawfully detained in a
custodial institution where there is satisfactory
evidence that while there the person would have
met the criteria set out in
section 2(
a) and (
c) of the
Act at the time or those times,
[] within the immediately preceding 3-year period, been
subject to a community treatment order,
[] in my opinion, while living in the community, exhibited
a pattern of recurrent or repetitive behaviour that
indicates the person is likely to cause harm to others or
to suffer negative effects, including substantial mental
or physical deterioration or serious physical
impairment, as a result of or related to the mental
disorder, if the person does not receive continuing
treatment or care while living in the community,
[] become the subject of an order made by a review panel
for the board to issue a community treatment order,
(
c) in my opinion, within a reasonable time, is likely to cause
harm to others or to suffer negative effects, including
substantial mental or physical deterioration or serious
physical impairment, as a result of or related to the mental
disorder, if the person does not receive continuing treatment
or care while living in the community, and
(
d) is able to comply with the treatment or care set out in this
community treatment order.
2. The facts on which I formed the above opinions are as follows:
3. I am satisfied that the treatment or care set out in
Part IV of this
community treatment order exists in the community, is available to the
person and will be provided to the person.
(signature of issuing (date and time)
qualified health professional)
PART III
Second Examination by Qualified Health Professional
I, (name of psychiatrist or other qualified health professional) of
(business address), (phone number, including extension number, if
any), am
[] a psychiatrist or I have the authority of a psychiatrist for the
purposes of the Act by way of a declaration made under
section 49(2) of the Act.
[] a qualified health professional other than a psychiatrist.
I certify that I examined this person on (date) at (time) at (place of
examination) with the following results:
1. The person examined
(
a) in my opinion, is suffering from mental disorder,
(
b) has
[] during the immediately preceding 3-year period, on 2 or
more occasions, or for a total of at least 30 days,
[] been a formal patient in a facility,
[] been in an approved hospital or been lawfully
detained in a custodial institution where there is
satisfactory evidence that while there the person
would have met the criteria set out in
section 2(
a) and (
c) of the Act at the time or those times,
[] both been a formal patient in a facility and been in
an approved hospital or lawfully detained in a
custodial institution where there is satisfactory
evidence that while there the person would have
met the criteria set out in
section 2(
a) and (
c) of the
Act at the time or those times,
[] within the immediately preceding 3-year period, been
subject to a community treatment order,
[] in my opinion, while living in the community, exhibited
a pattern of recurrent or repetitive behaviour that
indicates the person is likely to cause harm to others or
to suffer negative effects, including substantial mental
or physical deterioration or serious physical impairment,
as a result of or related to the mental disorder, if the
person does not receive continuing treatment or care
while living in the community,
[] become the subject of an order made by a review panel
for the board to issue a community treatment order,
(
c) in my opinion, within a reasonable time, is likely to cause
harm to others or to suffer negative effects, including
substantial mental or physical deterioration or serious
physical impairment, as a result of or related to the mental
disorder, if the person does not receive continuing treatment
or care while living in the community, and
(
d) is able to comply with the treatment or care set out in this
community treatment order.
2. The facts on which I formed the above opinions are as follows:
3. I am satisfied that the treatment or care set out in
Part IV of this
community treatment order exists in the community, is available to the
person and will be provided to the person.
(signature of psychiatrist or other qualified (date and time)
health professional)
PART IV
Treatment and Care Plan
The person who is subject to this community treatment order must
1. take the following medications (which may be adjusted where
indicated by clinical need):
[] see attached list,
2. attend the following appointments with, accept telephone or email
contact with or home visits from or receive treatment or care from the
following provider(
s) or the provider's designate:
Provider Name:
Contact Phone Number (including extension number, if any):
Contact Email (optional):
Profession/Role:
Description of Treatment or Care:
Location (if applicable):
Date/Time or Frequency (if applicable):
(signature of provider or person (date)
authorized by regional health authority)
(Where treatment or care is provided by a regional health
authority provider, a person authorized by the regional
health authority must sign the Plan before it is issued. Where
treatment or care is provided by a provider other than a
regional health authority provider, that provider must sign
the Plan before it is issued.)
Reporting Obligations:
In accordance with the Community Treatment Order Regulation,
providers of treatment or care to the person who is subject to this
community treatment order are required to report any failure by
the person who is subject to the community treatment order to
comply with the Treatment and Care Plan by
(
a) completing Form 25, and
(
b) submitting the completed Form 25 to the appropriate
regional health authority within 24 hours of the time at
which the provider became aware of the failure to comply.
PART V
Person Responsible for Supervision of
Community Treatment Order
The person responsible for the supervision of this community
treatment order is
[] the issuing qualified health professional, or
[] (name of qualified health professional who is responsible
for the supervision of this community treatment order) .
I, (name of qualified health professional) of (business address), (phone
number, including extension number, if any), (email address
(optional)), am responsible for the supervision of this community
treatment order.
(signature of supervising qualified health (date)
professional)
PART VI
Consent
[] Consent by person who is subject to community
treatment order
I, _______________________________________, am the person
subject to this community treatment order and I consent to the issuing
of this community treatment order.
(signature)
(date)
[] Consent by substitute decision-maker
I, (name of substitute decision-maker) , am the person authorized
under
section 28(1) of the Act to make treatment decisions on behalf of
the person who is subject to this community treatment order and I
hereby consent to the issuing of this community treatment order.
(signature of substitute decision-maker)
(date)
[] No consent
We, the issuing qualified health professionals, have not obtained
consent to the issuing of this community treatment order. We are of the
opinion that the person who is subject to this community treatment
order has, while living in the community, exhibited a history of not
obtaining or continuing with treatment or care that is necessary to
prevent the likelihood of harm to others or negative effects to the
person, including substantial mental or physical deterioration or
serious physical impairment, as a result of or related to the mental
disorder, and the issuance of a community treatment order is
reasonable in the circumstances and would be less restrictive than
retaining the person as a formal patient.
(signature of issuing qualified (date)
health professional)
(signature of psychiatrist or other (date)
qualified health professional
who completed
PART III)
Form 20
Renewal of Community Treatment Order
Mental Health Act
Sections 9.3 and 14(1.1)(
a) PART I
Written Statement
(To be completed by the issuing qualified health professional)
To: (name of person subject to the order) of (address)
And: (name of person, if any) of (address) who is exercising
authority under
section 28(1) of the Act to make treatment decisions on
behalf of the person who is subject to the community treatment order
And: if the person noted above is not the nearest relative, (name of
nearest relative) of (address) , unless the person subject to the
order objects on reasonable grounds
And: (name of other person, if any) of (address) designated by
the person subject to the order to receive notices:
Take notice that the community treatment order of (name of person
subject to the order) has been renewed under
section 9.3 of the Act.
The reason for the renewal of the community treatment order
is (reason in simple language) .
Important Information:
You have the right to apply to a review panel for cancellation of
this community treatment order.
You may apply for cancellation of this community treatment order
by filing an application with the chair of the review panel. An
application may be filed by you, your agent, your guardian or
another person on your behalf.
_____________________________________
Name of chair of appropriate review panel
________________________________
Contact information of appropriate review panel
(signature of issuing qualified health professional) (date)
(printed name of issuing qualified health professional)
(phone number, including extension number, if any)
(Either
Part II or
Part III to be completed by a psychiatrist)
PART II
Issuing Qualified Health Professional's Examination
Name of person:
Address (if known):
Phone (if known):
Date of Birth: Personal Health Number:
I, (name of psychiatrist or other qualified health professional) of
(business address), (phone number including extension number, if
any), am
[] a psychiatrist or I have the authority of a psychiatrist for the
purposes of the Act by way of a declaration made under
section 49(2) of the Act,
[] a qualified health professional other than a psychiatrist,
and I am the issuing qualified health professional in relation to the
renewal of this community treatment order.
I certify that I examined this person on (date) at (time) at (place
of examination) with the following results:
1. The person examined
(
a) in my opinion, continues to suffer from mental disorder,
(
b) is currently subject to a community treatment order,
(
c) in my opinion, within a reasonable time, is likely to cause
harm to others or to suffer negative effects, including
substantial mental or physical deterioration or serious
physical impairment, as a result of or related to the mental
disorder, if the person does not receive continuing treatment
or care while living in the community, and
(
d) is able to comply with the treatment or care set out in this
community treatment order.
2. The facts on which I formed the above opinions are as follows:
3. I am satisfied that the treatment or care set out in
Part IV of this
renewal exists in the community, is available to the person and will
be provided to the person.
(signature of issuing (date and time)
qualified health professional)
PART III
Second Examination by
Qualified Health Professional
I, (name of psychiatrist or other qualified health professional) of
(business address), (phone number, including extension number, if
any), am
[] a psychiatrist or I have the authority of a psychiatrist for the
purposes of the Act by way of a declaration made under
section 49(2) of the Act.
[] a qualified health professional other than a psychiatrist.
I certify that I examined this person on (date) at (time) at (place of
examination) with the following results:
1. The person examined
(
a) in my opinion, continues to suffer from mental disorder,
(
b) is currently subject to a community treatment order,
(
c) in my opinion, within a reasonable time, is likely to cause
harm to others or to suffer negative effects, including
substantial mental or physical deterioration or serious
physical impairment, as a result of or related to the mental
disorder, if the person does not receive continuing treatment
or care while living in the community, and
(
d) is able to comply with the treatment or care set out in this
community treatment order.
2. The facts on which I formed the above opinions are as follows:
3. I am satisfied that the treatment or care set out in
Part IV of this
renewal exists in the community, is available to the person and will
be provided to the person.
(signature of psychiatrist or other (date and time)
qualified health professional)
PART IV
Treatment and Care Plan
The person who is subject to this community treatment order must
1. take the following medications (which may be adjusted where
indicated by clinical need):
[] see attached list,
2. attend the following appointments with, accept telephone or
email contact with or home visits from or receive treatment or care
from the following provider(
s) or the provider's designate:
Provider Name:
Contact Phone Number (including extension number, if any):
Contact Email (optional):
Profession/Role:
Description of Treatment or Care:
Location (if applicable):
Date/Time or Frequency (if applicable):
(signature of provider or person (date)
authorized by regional health authority)
(Where treatment or care is provided by a regional health
authority provider, a person authorized by the regional
health authority must sign the Plan before it is issued. Where
treatment or care is provided by a provider other than a
regional health authority provider, that provider must sign
the Plan before it is issued.)
Reporting Obligations:
In accordance with the Community Treatment Order
Regulation, providers of treatment or care to the person who
is subject to this community treatment order are required to
report any failure by the person who is subject to the
community treatment order to comply with the Treatment
and Care Plan by
(
a) completing Form 25, and
(
b) submitting the completed Form 25 to the appropriate
regional health authority within 24 hours of the time at
which the provider became aware of the failure to
comply.
PART V
Person Responsible for Supervision of
Community Treatment Order
The person responsible for the supervision of this community
treatment order is
[] the issuing qualified health professional, or
[] (name of qualified health professional who is responsible
for the supervision of this community treatment order) .
I, (name of qualified health professional), of (business address),
(phone number, including extension number, if any), (email
address (optional)), am responsible for the supervision of this
community treatment order.
(signature of supervising qualified health (date)
professional)
PART VI
Consent
[] Consent by person who is subject to community
treatment order
I, _______________________________________, am the person
subject to this community treatment order and I consent to the
renewal of this community treatment order.
(signature) (date)
[] Consent by substitute decision-maker
I, (name of substitute decision-maker) , am the person authorized
under
section 28(1) of the Act to make treatment decisions on behalf of
the person who is subject to this community treatment order and I
hereby consent to the renewal of this community treatment order.
(signature of substitute decision-maker)
(date)
[] No consent
We, the issuing qualified health professionals, have not obtained
consent to the renewal of this community treatment order. We are
of the opinion that the person who is subject to this community
treatment order has, while living in the community, exhibited a
history of not obtaining or continuing with treatment or care that is
necessary to prevent the likelihood of harm to others, or negative
effects to the person, including substantial mental or physical
deterioration or serious physical impairment, as a result of or
related to the mental disorder, and the renewal of the community
treatment order is reasonable in the circumstances and would be
less restrictive than retaining the person as a formal patient.
(signature of issuing qualified (date)
health professional)
(signature of psychiatrist or other (date)
qualified health professional
who completed
PART III)
Form 21
Community Treatment Order
Amendments to Community Treatment Order
Mental Health Act
Sections 9.4 and 14(1.1)(
a) PART I
Written Statement
(To be completed by the issuing qualified health professional)
To: (name of person subject to the order) of (address)
And: (name of person, if any) of (address) who is exercising
authority under
section 28(1) of the Act to make treatment decisions on
behalf of the person who is subject to the community treatment order
And: if the person noted above is not the nearest relative, (name of
nearest relative) of (address) , unless the person subject to
the order objects on reasonable grounds
And: (name of other person, if any) of (address) designated by
the person subject to the order to receive notices:
Take notice that the community treatment order of (name of person
subject to the order) has been amended pursuant to
section 9.4 of the
Act. The reason for the amendment of the community treatment order
is (reason in simple language) .
Important Information:
You have the right to apply to a review panel for cancellation of this
community treatment order.
You may apply for cancellation of this community treatment order
by filing an application with the chair of the review panel. An
application may be filed by you, your agent, your guardian or
another person on your behalf.
_____________________________________
Name of chair of appropriate review panel
________________________________
Contact information of appropriate review panel
(signature of issuing qualified (date)
health professional)
(printed name of issuing qualified health professional)
(phone number, including extension number, if any)
PART II
Amendments
Name of person:
Address (if known):
Phone (if known):
Date of birth: Personal Health Number:
I, (name of qualified health professional), of (business address), (phone
number, including extension number, if any), am the issuing qualified
health professional of this amended community treatment order.
I amend the community treatment order for this person by
[] amending the name of the person responsible for supervision of the
community treatment order as follows:
Effective on the date below I, (name of qualified health
professional), of (business address), (phone number,
including extension number, if any), (email address
(optional)), am responsible for the supervision of this
community treatment order.
(signature of supervising (effective date)
qualified health professional)
[] amending the treatment and care plan as follows:
The person who is subject to this community treatment order
must
1. take the following medications (which may be adjusted
where indicated by clinical need):
[] see attached list,
2. attend the following appointments with, accept telephone
or email contact with or home visits from or receive
treatment or care from the following provider(
s) or the
provider's designate:
Provider Name: ________________________________
Contact Phone Number (including extension number,
if any):
Contact Email (optional):
Profession/Role: ________________________________
Description of Treatment or Care:
Location (if applicable):
Date/Time or Frequency (if applicable):
(signature of provider or person (date)
authorized by regional health authority)
(Where treatment or care is provided by a regional health
authority provider, a person authorized by the regional
health authority must sign the Plan before it is issued.)
3. the person who is subject to the community treatment
order is no longer required to .
I have explained the above amendment(
s) to
[] the person who is subject to this community treatment order.
[] the substitute decision-maker for the person who is subject to this
community treatment order.
(signature of issuing qualified (date)
health professional)
Reporting Obligations:
In accordance with the Community Treatment Order Regulation,
providers of treatment or care to the person who is subject to
this community treatment order are required to report any failure by
the person who is subject to the community treatment order to
comply with the Treatment and Care Plan by
(
a) completing Form 25, and
(
b) submitting the completed Form 25 to the appropriate regional
health authority within 24 hours of the time
at which the provider became aware of the failure to comply.
Form 22
Community Treatment Order
Cancellation or Expiry
Mental Health Act
Sections 9.2, 9.5 and 14(5)
Name of person:
Address (if known):
Phone (if known):
Date of Birth: Personal Health Number:
(Either
Part I or
Part II is to be completed)
PART I
Cancellation
I, (name of psychiatrist or authorized person), of (business
address), (phone number, including extension number, if any), am a
psychiatrist or I have the authority of a psychiatrist for the purposes
of the Act by way of a declaration made under
section 49(2) of the
Act.
[] I cancel this person's community treatment order because this
person no longer meets the criteria specified in
section 9.1(1)(
b) to
(
d) of the Act.
Continued treatment recommendation (if applicable):
I recommend continued treatment and care as follows:
______________________________________________________
(signature of psychiatrist or authorized person) (date and time)
(printed name of psychiatrist or authorized person)
PART II
Expiry
[] This person's community treatment order has expired.
Continued treatment recommendation (if applicable):
I recommend continued treatment and care as follows:
______________________________________________________
(signature of qualified health professional) (date and time)
(printed name of qualified health professional)
Notice:
You are no longer subject to a community treatment order
effective on the date and time written above. However, this form
may contain information about treatment and care that your
health care provider is recommending you continue to receive.
(
f) by repealing Forms 24, 25 and 26 and substituting
the following:
Form 24
Community Treatment Order
Examination on Apprehension
Mental Health Act
Section 9.6
Name of person:
Address (if known):
Phone (if known):
Date of birth: Personal Health Number:
I, (name of psychiatrist or other qualified health professional) of
(business address), (phone number, including extension number, if
any), am
[] a psychiatrist or I have the authority of a psychiatrist for the
purposes of the Act by way of a declaration made under
section 49(2) of the Act.
[] a qualified health professional other than a psychiatrist.
I certify that I examined this person on (date) at (time) at (place of
examination) and have determined that
[] the person's community treatment order should be cancelled
and the person should be released without being subject to a
community treatment order (a psychiatrist must also
complete Form 22),
[] the person's community treatment order should be continued
and amendments to it are not necessary,
[] the person's community treatment order should be continued
but amendments to it are necessary (also complete Form 21),
[] the person's community treatment order should be cancelled
and admission certificates issued in accordance with sections
2 and 6 of the Act (also complete Form 1).
(signature of psychiatrist or other (date and time)
qualified health professional)
Form 25
Community Treatment Order
Non-compliance Report
Mental Health Act
Section 9.1(2)(
f) Name of person:
Address (if known):
Phone (if known):
Date of Birth: Personal Health Number:
The person who is subject to this community treatment order has
failed to comply with the following requirements of the treatment
or care plan on the dates specified:
Date: _____________ Treatment or Care:
Date: _____________ Treatment or Care:
(signature of treatment or care provider) (date)
(printed name of treatment or care provider)
(phone number, including extension number, if any)
Reporting Obligations:
In accordance with the Community Treatment Order Regulation,
providers of treatment or care to the person who is subject to this
community treatment order are required to report any failure by
the person who is subject to the community treatment order to
comply with the Treatment and Care Plan by
(
a) completing Form 25, and
(
b) submitting the completed Form 25 to the appropriate
regional health authority within 24 hours of the time at
which the provider became aware of the failure to comply.
5 This Regulation comes into force on June 29, 2021.
--------------------------------
Alberta Regulation 116/2021
Government Organization Act
ADVANCED EDUCATION GRANTS (EXPIRY DATE
REPEAL) AMENDMENT REGULATION
Filed: June 9, 2021
For information only: Made by the Lieutenant Governor in Council (O.C. 169/2021)
on June 9, 2021 pursuant to
section 13 of the Government Organization Act.
1 The Advanced Education Grants Regulation
(AR 121/2008) is amended by this Regulation.
Section 12 is repealed.
--------------------------------
Alberta Regulation 117/2021
Environmental Protection and
Enhancement Act
ENVIRONMENT AND PARKS RECYCLING
REGULATIONS (EXPIRY DATE EXTENSION)
AMENDMENT REGULATION
Filed: June 9, 2021
For information only: Made by the Lieutenant Governor in Council (O.C. 170/2021)
on June 9, 2021 pursuant to
section 175 of the Environmental Protection and
Enhancement Act.
1(1) The Beverage Container Recycling Regulation
(AR 101/97) is amended by this section.
(2) Section 22 is amended by striking out "June 30, 2021" and
substituting "June 30, 2026".
2(1) The Designated Material Recycling and Management
Regulation (AR 93/2004) is amended by this section.
(2) Section 18 is amended by striking out "June 30, 2021" and
substituting "June 30, 2026".
3(1) The Electronics Designation Regulation (AR 94/2004) is
amended by this section.
(2) Section 5 is amended by striking out "June 30, 2021" and
substituting "June 30, 2026".
4(1) The Lubricating Oil Material Designation Regulation
(AR 100/2018) is amended by this section.
(2) Section 5 is amended by striking out "June 30, 2021" and
substituting "June 30, 2026".
5(1) The Paint and Paint Container Designation Regulation
(AR 200/2007) is amended by this section.
(2) Section 4 is amended by striking out "June 30, 2021" and
substituting "June 30, 2026".
6(1) The Tire Designation Regulation (AR 95/2004) is
amended by this section.
(2) Section 5 is amended by striking out "June 30, 2021" and
substituting "June 30, 2026".
Alberta Regulation 118/2021
Electric Utilities Act
CITY OF MEDICINE HAT PAYMENT IN LIEU OF TAX
AMENDMENT REGULATION
Filed: June 9, 2021
For information only: Made by the Lieutenant Governor in Council (O.C. 171/2021)
on June 9, 2021 pursuant to
section 147 of the Electric Utilities Act.
1 The City of Medicine Hat Payment in Lieu of Tax
Regulation (AR 235/2003) is amended by this Regulation.
Section 1(1) is amended
(
a) by adding the following after clause (e):
(e.1) "emissions cost" means the amount that the City of
Medicine Hat, when computing income under the
Income Tax Act (Canada) for a year, would be entitled
to deduct in respect of
(
i) the costs of complying with
section 12(3) of the
Technology Innovation and Emissions Reduction
Regulation (AR 133/2019), and
(ii) the costs of complying with any similar obligation
under an enactment of Alberta or Canada
governing greenhouse gas emissions,
if the City of Medicine Hat were not exempt from
taxation under
section 149 of the Income Tax Act
(Canada);
(
b) by adding the following after clause (f):
(f.1) "export emissions cost" means the amount calculated
for a year in accordance with the following formula:
A x EC
where
"A" is the number of megawatt hours of electric energy
provided to the interconnected electric system by
the available units in the year;
"B" is the number of megawatt hours of electric energy
generated by the available units in the year;
"EC" is the emissions cost for the year;
Section 3(1)(
a) is repealed and the following is
substituted:
(
a) the taxable amount related to exports for the year, calculated
by subtracting the export emissions cost for the year from the
sum of the amounts calculated as follows for each settlement
interval in the year in which an export occurs:
export revenue - (export cost + export transmission
cost + transmission cost associated with exports);
Section 11 is amended by striking out "June 30, 2021" and
substituting "June 30, 2026".
--------------------------------
Alberta Regulation 119/2021
Gas Utilities Act
GAS UTILITIES DESIGNATION
AMENDMENT REGULATION
Filed: June 9, 2021
For information only: Made by the Lieutenant Governor in Council (O.C. 172/2021)
on June 9, 2021 pursuant to sections 1 and 26 of the Gas Utilities Act.
1 The Gas Utilities Designation Regulation (AR 257/2007) is
amended by this Regulation.
Section 1(
c) is repealed and the following is substituted:
(
c) Apex Utilities Inc.
Section 2 is amended
(
a) by repealing clauses (
a) to (b.1) and substituting
the following:
(
a) Apex Utilities Inc.;
(
b) by adding the following after clause (e):
(
f) TriSummit Utilities Inc.;
(
g) TriSummit Utility Group Inc.;
(
h) TriSummit Utility Holdings Inc.
Section 4 is amended by striking out "July 30, 2021" and
substituting "July 31, 2026".
--------------------------------
Alberta Regulation 120/2021
Gas Utilities Act
GAS UTILITIES EXEMPTION (EXPIRY DATE
EXTENSION) AMENDMENT REGULATION
Filed: June 9, 2021
For information only: Made by the Lieutenant Governor in Council (O.C. 173/2021)
on June 9, 2021 pursuant to
section 5 of the Gas Utilities Act.
1 The Gas Utilities Exemption Regulation (AR 53/99) is
amended by this Regulation.
Section 4 is amended by striking out "July 30, 2021" and
substituting "July 31, 2026".
--------------------------------
Alberta Regulation 121/2021
Public Utilities Act
PUBLIC UTILITIES DESIGNATION
AMENDMENT REGULATION
Filed: June 9, 2021
For information only: Made by the Lieutenant Governor in Council (O.C. 174/2021)
on June 9, 2021 pursuant to sections 101 and 109 of the Public Utilities Act.
1 The Public Utilities Designation Regulation (AR 194/2006)
is amended by this Regulation.
Section 1 is amended
(
a) in subsection (1)
(
i) by repealing clauses (
a) and (
b) and
substituting the following:
(a) 1656877 Alberta Ltd.;
(a.1) 1759511 Alberta Ltd.;
(a.2) 1792191 Alberta Corp.;
(a.3) 2228708 Alberta Ltd.;
(a.4) Alberta PowerLine General Partner Ltd.;
(ii) by adding the following after clause (r):
(r.01) Genesee Lake Holding Corp.;
(iii) by repealing clause (s.1);
(
b) in subsection (2)
(
i) by repealing clauses (
a) to (
d) and substituting
the following:
(a) 1656877 Alberta Ltd.;
(a.1) 1759511 Alberta Ltd.;
(a.2) 1792191 Alberta Corp.;
(a.3) 2228708 Alberta Ltd.;
(a.4) Alberta PowerLine General Partner Ltd.;
(ii) by adding the following after clause (f):
(f.1) Apex Utilities Inc.;
(iii) by adding the following after clause (u):
(u.01) Genesee Lake Holding Corp.;
(iv) by repealing clause (v.1);.
(
v) by adding the following after clause (dd):
(dd.1) TriSummit Utilities Inc.;
(dd.2) TriSummit Utility Group Inc.;
(dd.3) TriSummit Utility Holdings Inc.;
Section 3 is amended by striking out "July 30, 2021" and
substituting "July 31, 2026".
--------------------------------
Alberta Regulation 122/2021
Public Health Act
HEALTH REGULATIONS (EXPIRY DATE
EXTENSION) AMENDMENT REGULATION
Filed: June 9, 2021
For information only: Made by the Lieutenant Governor in Council (O.C. 175/2021)
on June 9, 2021 pursuant to
section 66(1) of the Public Health Act.
1(1) The Communicable Diseases Regulation (AR 238/85) is
amended by this section.
(2) Section 15 is amended by striking out "September 30,
2021" and substituting "September 30, 2026".
2(1) The Treatment Services Regulation (AR 248/85) is
amended by this section.
(2) Section 8 is amended by striking out "November 30, 2021"
and substituting "November 30, 2026".
Alberta Regulation 123/2021
Municipal Government Act
BUSINESS IMPROVEMENT AREA (EXPIRY DATE
EXTENSION) AMENDMENT REGULATION
Filed: June 11, 2021
For information only: Made by the Minister of Municipal Affairs (M.O.
MAG:011/21) on June 3, 2021 pursuant to sections 53 and 381 of the Municipal
Government Act.
1 The Business Improvement Area Regulation
(AR 93/2016) is amended by this Regulation.
Section 31 is amended by striking out "June 30, 2021" and
substituting "June 30, 2024".
--------------------------------
Alberta Regulation 124/2021
Government Organization Act
REGISTRY SERVICE CHARGES
AMENDMENT REGULATION
Filed: June 14, 2021
For information only: Made by the Minister of Service Alberta (M.O. SA:008/2021)
on June 3, 2021 pursuant to
section 12(1)(
d) of
Schedule 12 of the Government
Organization Act.
1 The Registry Service Charges Regulation (AR 183/2005)
is amended by this Regulation.
2 The
Schedule is amended
(
a) by adding "(including an audio or a translated test)" after
"Knowledge test";
(
b) by striking out "Oral knowledge tests" and substituting
"Oral knowledge test or oral-assisted knowledge test".
3 This Regulation comes into force on September 30, 2021.
Alberta Regulation 125/2021
Education Act
SUPERINTENDENT OF SCHOOLS
AMENDMENT REGULATION
Filed: June 14, 2021
For information only: Made by the Minister of Education (M.O. 008/2021) on June
10, 2021 pursuant to
section 224 of the Education Act.
1 The Superintendent of Schools Regulation (AR 98/2019)
is amended by this Regulation.
Section 1 is amended
(
a) by repealing clause (d);
(
b) in clause (
e) by striking out "whose appointment has
been approved" and substituting "appointed".
3 The heading preceding
section 2 is repealed and the
following is substituted:
Part 1
Qualifications and Appointments
Section 2 is amended
(
a) by repealing subsection (1) and substituting the
following:
Qualifications
2(1) No individual may be appointed as a superintendent
unless the individual has a superintendent leadership certificate
issued under the Certification of Teachers and Teacher
Leaders Regulation (AR 84/2019).
(
b) by repealing subsection (3) and substituting the
following:
(3) The term for which an individual is appointed as an acting
superintendent must not exceed one year, but that individual
may be reappointed as a superintendent at the end of the term.
5 The following is added after
section 2:
Limit on appointments
2.1 No board shall have more than one superintendent appointment
in force at a time.
Appointment of acting superintendent
2.2 Where a board is to appoint an individual as an acting
superintendent, the board must notify the Minister in the form and
manner required by the Minister of the appointment within 14 days
after the date of the appointment.
Part 2 is repealed.
Section 8(2) is amended by striking out "A board" and
substituting "Subject to
Schedule 2, a board".
Section 10 is amended
(
a) by repealing subsection (1)(
c) and substituting the
following:
(c) "previous employment" means a superintendent's
(
i) continuous service with a board or the Crown in
right of Alberta, and
(ii) continuous service with an entity equivalent to a
board, as determined by the employer, in another
province or territory of Canada or with the Crown
in right of Canada or another province or territory
of Canada
prior to the superintendent's employment with the
employer;
(
b) by repealing subsection (2).
Section 12 is amended by adding "and superintendent
contracts of employment" after "personal information".
Section 15 is amended by striking out "August 31, 2021"
and substituting "August 31, 2026".
Schedule 2 is amended
(
a) in
section 1
(
i) by adding the following after clause (d):
(d.1) "RRSP" means a registered retirement savings
plan within the meaning of the Income Tax Act
(Canada).
(ii) by repealing clause (e);
(
b) by repealing
section 2 and substituting the
following:
Employer-paid retirement benefits
2 An employer may offer, pay or provide to or for the benefit
of a superintendent any form of retirement benefit in
accordance with the following requirements:
(
a) in the case of a defined benefit retirement plan or
defined benefit supplementary retirement plan, the
benefit formula must not result in a benefit that exceeds
the benefit under the benefit formula for the
Management Employees Pension Plan or the
Supplementary Retirement Plan for Public Service
Managers under the Financial Administration Act, as
the case may be;
(
b) in the case of a defined contribution retirement plan or
RRSP contributions, the employer contribution rate
must not exceed the maximum contribution rate allowed
under the Income Tax Act (Canada);
(
c) in the case of a defined contribution supplementary
retirement plan, the employer contribution rate must not
exceed the maximum contribution rate allowed under
the Income Tax Act (Canada) in respect of salary that is
in excess of benefits earned under a defined benefit
retirement plan or contributions under a defined
contribution retirement plan.
(
c) by repealing
section 6 and substituting the
following:
Northern allowance and Fort McMurray allowance
6 An employer may offer, pay or provide additional
compensation to a superintendent in the form of one of the
following:
(
a) a northern allowance in the same circumstances and at
the same rate or amount as an employee as defined in
the Public Service Act would be eligible under the
Public Service Employment Regulation under the Public
Service Act;
(
b) a Fort McMurray allowance in the same circumstances
and at the same rate or amount as an employee as
defined in the Public Service Act would be eligible
under the Public Service Relocation and Employment
Expenses Regulation under the Public Service Act.
12(1) This Regulation, except sections 2(a), 4(
a) and 10,
comes into force on the coming into force of
section 86(4)
and (5) of the College of Alberta School Superintendents
Act.
(2) Sections 2(
a) and 4(
a) come into force on the coming
into force of
Part 1 of the College of Alberta School
Superintendents Act.
--------------------------------
Alberta Regulation 126/2021
Education Act
CERTIFICATION OF TEACHERS AND TEACHER LEADERS
AMENDMENT REGULATION
Filed: June 14, 2021
For information only: Made by the Minister of Education (M.O. 009/2021) on June
10, 2021 pursuant to sections 201and 224 of the Education Act.
1 The Certification of Teachers and Teacher Leaders
Regulation (AR 84/2019) is amended by this Regulation.
Section 1 is amended
(
a) by repealing clause (
d) and substituting the
following:
(d) "complaint" means a complaint under the Teaching
Profession Act, College of Alberta School
Superintendents Act or Practice Review of Teachers and
Teacher Leaders Regulation (AR 92/2019);
(
b) by adding the following after clause (d):
(d.1) "equivalent standard" means an equivalent standard of
education or experience as determined by the Minister;
Section 14 is amended by adding the following after
subsection (1):
(1.1) Notwithstanding subsection (1), the Registrar may issue a
permanent leadership certificate to an applicant who meets the
requirements of subsection (1)(
a) but does not meet the requirements
of subsection (1)(
b) if the applicant holds the equivalent of a
leadership certificate or superintendent leadership certificate from
another jurisdiction that is acceptable to the Minister.
Section 15 is amended
(
a) by repealing subsection (1)(
b) and substituting the
following:
(
b) has a Bachelor of Education degree or an equivalent
degree from a university of equivalent standard,
(b.1) has a Master's degree from a university in Alberta or
from a university of equivalent standard,
(b.2) has 3 years' experience in a school system in Alberta or
in a school system of equivalent standard, and
(
b) by adding the following after subsection (1):
(1.1) Notwithstanding subsection (1), the Registrar may issue
a permanent superintendent leadership certificate to an
applicant who meets the requirements of subsection (1)(
a) to
(b.2) but does not meet the requirements of subsection (1)(
c) if
the applicant holds the equivalent of a superintendent
leadership certificate from another jurisdiction that is
acceptable to the Minister.
Section 16 is amended
(
a) by repealing subsection (1) and substituting the
following:
Temporary leadership certificate
16(1) The Registrar may issue a temporary leadership certificate
in the manner and form determined by the Registrar to or in
respect of
(
a) an individual who
(
i) holds a teaching certificate, and
(ii) subject to subsection (3), the Registrar is satisfied
(
A) is to be designated
(
I) as a principal under
section 202 of the
Act,
(II) as an acting principal under
section 203
of the Act,
(III) as a principal of a funded private school
under
section 13 of the Private Schools
Regulation (AR 93/2019), or
(IV) as a principal of an institution approved
by the Minister,
(
B) is to be appointed or reappointed as a
superintendent of schools or appointed as an
acting superintendent under
section 222 of
the Act,
(
b) an individual who
(
i) holds a teaching certificate, and
(ii) holds the equivalent of a leadership certificate or a
superintendent leadership certificate from another
jurisdiction that is acceptable to the Minister.
(
b) in subsection (3) by striking out "Subsection (1)(b)"
and substituting "Subsection (1)(a)(ii)".
Section 17 is amended
(
a) by repealing subsection (1) and substituting the
following:
Temporary superintendent leadership certificate
17(1) The Registrar may issue a temporary superintendent
leadership certificate in the manner and form determined by the
Registrar to or in respect of
(
a) an individual who
(
i) holds a leadership certificate,
(ii) has a Bachelor of Education degree or an
equivalent degree from a university of equivalent
standard,
(iii) has a Master's degree from a university in Alberta
or from a university of equivalent standard,
(iv) has 3 years' experience in a school system in
Alberta or in a school system of equivalent
standard, and
(
v) subject to subsection (3), the Registrar is satisfied
is to be appointed or reappointed as a
superintendent of schools or appointed as an acting
superintendent under
section 222 of the Act,
(
b) an individual who
(
i) holds a leadership certificate, and
(ii) holds the equivalent of a superintendent leadership
certificate from another jurisdiction that is
acceptable to the Minister.
(
b) in subsection (3) by striking out "Subsection (1)(c)"
and substituting "Subsection (1)(a)(v)".
Section 23(1) is amended
(
a) by repealing clauses (
a) and (
b) and substituting
the following:
(
a) to the Certification Appeal Committee, a committee
established under the Teaching Profession Act or
College of Alberta School Superintendents Act or a
committee established under the Practice Review of
Teachers and Teacher Leaders Regulation
(AR 92/2019) information, including personal
information, and records that, in the Registrar's opinion,
should be submitted to the Certification Appeal
Committee or committee,
(
b) to an investigator appointed under the Teaching
Profession Act, College of Alberta School
Superintendents Act or Practice Review of Teachers and
Teacher Leaders Regulation (AR 92/2019) information,
including personal information, and records that, in the
Registrar's opinion, should be submitted to the
investigator,
(
b) in clauses (
c) and (
e) by adding "Alberta or" after
"appropriate authority in".
Section 24 is repealed and the following is substituted:
Referral of discipline matter
24 Where, in the Registrar's opinion, it is appropriate to do so, the
Registrar may refer a matter to
(
a) the executive secretary of The Alberta Teachers' Association,
(
b) the executive director of the College of Alberta School
Superintendents.
Section 25(7)(
c) is repealed and the following is
substituted:
(
c) where the Registrar's decision is based on
(
i) a finding or recommendation of
(
A) a hearing committee under
section 42(1) of the
Teaching Profession Act,
(
B) the Professional Practice Review Hearing
Committee under the Teaching Profession Act,
(
C) the Professional Practice Review Appeal
Committee under the Teaching Profession Act, or
(
D) the Professional Conduct Appeal Committee under
section 56 of the Teaching Profession Act,
(ii) a finding or recommendation of a hearing committee or
hearing review committee under the College of Alberta
School Superintendents Act,
(iii) a finding or recommendation of a practice review
hearing committee or practice review appeal committee
under the Practice Review of Teachers and Teacher
Leaders Regulation (AR 92/2019), or
(iv) a decision of the Minister under
section 32 of this
Regulation,
section 62 of the College of Alberta School
Superintendents Act or
section 33 of the Practice
Review of Teachers and Teacher Leaders Regulation
(AR 92/2019).
10 This Regulation comes into force on the coming into
force of
Part 1 of the College of Alberta School
Superintendents Act.
--------------------------------
Alberta Regulation 127/2021
Education Act
PRACTICE REVIEW OF TEACHERS AND
TEACHER LEADERS AMENDMENT REGULATION
Filed: June 14, 2021
For information only: Made by the Minister of Education (M.O. 010/2021) on June
10, 2021 pursuant to sections 201 and 224 of the Education Act.
1 The Practice Review of Teachers and Teacher Leaders
Regulation (AR 92/2019) is amended by this Regulation.
Section 1 is amended
(
a) in subsection (1)
(
i) by repealing clause (a)(
i) and substituting the
following:
(
i) in the case of a school operated by a board,
Francophone regional authority or operator of a
charter school, the superintendent of schools
appointed under the Act for the board,
Francophone regional authority or charter school,
(ii) in clause (s)(
i) by adding "or College of Alberta
School Superintendents Act" after "Teaching
Profession Act";
(
b) by repealing subsection (3) and substituting the
following:
(3) For greater certainty, this Regulation does not apply to an
individual who holds a teaching certificate, leadership certificate
or superintendent leadership certificate and to whom the
Teaching Profession Act or College of Alberta School
Superintendents Act applies.
Section 5 is amended
(
a) in subsection (2) by striking out "may" and
substituting "must";
(
b) by repealing subsection (3)(
d) and substituting the
following:
(
d) may include one or more individuals
(
i) who hold a teaching certificate, leadership
certificate or superintendent leadership certificate,
and
(ii) to whom the Teaching Profession Act or College
of Alberta School Superintendents Act applies.
4 Sections 6(2)(d), 7(2)(
d) and 8(2)(
d) are repealed and the
following is substituted:
(
d) may include one or more individuals
(
i) who hold a teaching certificate, leadership
certificate or superintendent leadership
certificate, and
(ii) to whom the Teaching Profession Act or
College of Alberta School Superintendents
Act applies.
Section 11(7) is repealed and the following is
substituted:
(7) If the Registrar receives a complaint under subsection (1) that
relates to a teacher or teacher leader who was an active member of
The Alberta Teachers' Association and subject to the Teaching
Profession Act at the time the behaviour forming the basis of the
complaint occurred, the Registrar must refer the complaint to the
executive secretary of The Alberta Teachers' Association to be dealt
with in accordance with the Teaching Profession Act.
(8) If the Registrar receives a complaint under subsection (1) that
relates to a teacher or teacher leader who was a regulated member of
the College of Alberta School Superintendents at the time the
behaviour forming the basis of the complaint occurred, the Registrar
must refer the complaint to the executive director of the College of
Alberta School Superintendents to be dealt with in accordance with
the College of Alberta School Superintendents Act.
6 The following is added after
section 22:
Commission evidence
22.1 For the purpose of obtaining the testimony of a witness who
is out of Alberta, a judge of the Court of Queen's Bench of Alberta
may, on an application by the Registrar without notice, order the
evidence of the witness to be obtained in the manner provided under
the Alberta Rules of Court (AR 124/2010) for the taking of evidence
of a person outside Alberta.
7 The
Schedule is amended
(
a) by striking out
These are minimum professional conduct requirements for
teachers and teacher leaders who are not subject to the Teaching
Profession Act. It is not an exhaustive list of requirements.
A teacher or teacher leader who is not subject to the Teaching
Profession Act and who is alleged to have violated the standards
of the profession, including these requirements, may be subject
to a complaint of alleged unprofessional conduct under the
Practice Review of Teachers and Teacher Leaders Regulation.
and substituting
These are minimum professional conduct requirements for
teachers and teacher leaders who are not subject to the Teaching
Profession Act or College of Alberta School Superintendents Act.
It is not an exhaustive list of requirements.
A teacher or teacher leader who is not subject to the Teaching
Profession Act or College of Alberta School Superintendents Act
and who is alleged to have violated the standards of the
profession, including these requirements, may be subject to a
complaint of alleged unprofessional conduct under the Practice
Review of Teachers and Teacher Leaders Regulation
(AR 92/2019).
(
b) by repealing
section 3 and substituting the
following:
3 In relation to colleagues, the teacher or teacher leader is
required
(
a) not to undermine the confidence of students in other
teachers or teacher leaders or individuals who hold
teaching, leadership or superintendent leadership
certificates and to whom the Teaching Profession Act or
College of Alberta School Superintendents Act applies,
(
b) not to criticize the professional competence or
professional reputation of another teacher or teacher
leader or of an individual who holds a teaching,
leadership or superintendent leadership certificate and
to whom the Teaching Profession Act or College of
Alberta School Superintendents Act applies, except
(
i) in confidence to appropriate officials and after
informing the other teacher or teacher leader or the
individual of the criticism, subject only to
section
24 of the Teaching Profession Act and
section 34
of the College of Alberta School Superintendents
Act,
(ii) in making a complaint about the unprofessional
conduct of a teacher or teacher leader under
section 11 of the Practice Review of Teachers and
Teacher Leaders Regulation (AR 92/2019) or the
individual under
section 24 of the Teaching
Profession Act or
section 34 of the College of
Alberta School Superintendents Act, or
(iii) as reasonably necessary, in the case of a
superintendent as defined in
section 1(
i) of the
Teaching Profession Act or an administrator acting
in the course of the superintendent's or
administrator's leadership duties with respect to
the teacher, teacher leader or individual,
and
(
c) not to take any steps motivated by personal advantage
or animosity to secure the discipline or dismissal of
another teacher or teacher leader or an individual who
holds a teaching, leadership or superintendent
leadership certificate and to whom the Teaching
Profession Act or College of Alberta School
Superintendents Act applies.
8 This Regulation comes into force on the coming into
force of
Part 2 of the College of Alberta School
Superintendents Act.
--------------------------------
Alberta Regulation 128/2021
Traffic Safety Act
OPERATOR LICENSING AND VEHICLE CONTROL
(EXPIRY DATE EXTENSION) AMENDMENT REGULATION
Filed: June 15, 2021
For information only: Made by the Minister of Transportation (M.O. 30/21) on June
14, 2021 pursuant to
section 64 of the Traffic Safety Act.
1 The Operator Licensing and Vehicle Control Regulation
(AR 320/02) is amended by this Regulation.
Section 151.1 is amended by striking out "June 30, 2021"
and substituting "June 30, 2023".
--------------------------------
Alberta Regulation 129/2021
Traffic Safety Act
VEHICLE EQUIPMENT (EXPIRY DATE
EXTENSION) AMENDMENT REGULATION
Filed: June 15, 2021
For information only: Made by the Minister of Transportation (M.O. 31/21) on June
14, 2021 pursuant to
section 81 of the Traffic Safety Act.
1 The Vehicle Equipment Regulation (AR 122/09) is
amended by this Regulation.
Section 118 is amended by striking out "July 1, 2021" and
substituting "June 30, 2023".
Alberta Regulation 130/2021
Railway (Alberta) Act
HERITAGE RAILWAY (EXPIRY DATE
EXTENSION) AMENDMENT REGULATION
Filed: June 15, 2021
For information only: Made by the Minister of Transportation (M.O. 32/21) on June
14, 2021 pursuant to
section 30 of the Railway (Alberta) Act.
1 The Heritage Railway Regulation (AR 352/09) is amended
by this Regulation.
Section 15 is amended by striking out "June 30, 2021" and
substituting "June 30, 2023".